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Essar Teleholdings Case - Would it Pass the Test of GAAR?

Submitted by indigoadmin on Tue, 02/04/2020 - 13:24

The Mumbai bench of the Income Tax Appellate Tribunal (Tribunal), in the recent case of Essar Teleholdings Limited (Taxpayer), has allowed the Taxpayer's claim for set-off of short term capital loss (Loss) on sale of compulsory convertible debentures (CCDs) to its holding company (Hold Co) against long term capital gains earned on sale of shares. The Tribunal reversed the orders of the tax authorities who had denied the Taxpayer's claim by holding that the transaction was not bonafide and was a 'colourable device'.

Budget 2020: These tax reforms will help govt perform a balancing act

Submitted by indigoadmin on Thu, 01/30/2020 - 16:39

It’s that time of the year again, when the fiscal deficit and taxation regimes begin to feature in dinner table conversations around the country. The Union Budget is just around the corner; and with the economy slowing down, taxpayers are looking to the government for some relief. Several reports have mentioned that taxpayers are hoping for rationalisation of tax rate, increase in tax incentives and simplification of tax compliances.

How much can housing societies charge as transfer charges, as per the law

Submitted by indigoadmin on Thu, 01/30/2020 - 14:23

The government of Maharashtra recently increased the stamp duty inter alia for sale, gift and transfer, by 1% and there are possibilities of further hikes in stamp duty and registration charges looming. However, an uncertainty that plagues flat owners and purchasers, lies a little closer to home – the levy of transfer charges by a cooperative housing society (society), on the sale and transfer of shares and rights to the flats in a building.

Substantive consolidation is here in India! What does this mean for lending and Restructuring Transactions Past, Present and Future?

Submitted by indigoadmin on Thu, 01/30/2020 - 12:44

After being the first ever instance of procedural consolidation under the Insolvency and Bankruptcy Code, 2016 (IBC), the corporate insolvency resolution process (CIRP) for the Videocon group has yet again witnessed a landmark order on 8 August 2019, when the Mumbai bench of the National Company Law Tribunal 

NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company

Submitted by indigoadmin on Thu, 01/30/2020 - 11:47

On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A. J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16(G)(1)(c) of the Tea Act, 1953 (Tea Act) is necessary for filing an application under of the Insolvency and Bankruptcy Code, 2016 (IBC) against a tea company