eMinds Legal Advocates & Solicitors
eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.
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Partners deemed guilty U/s 138 unless proven otherwise
When Directors of a Company or partners of a firm issue cheques which are dishonoured, it is presumed that they were responsible for issuing them unless they prove that they were not in charge of the daily affairs of the firm. They have to discharge the burden during the trial under the Negotiable Instruments Act,… Read More
Book on Plugging tax avoidance or evasion techniques
Central Board of Direct Taxes (CBDT) has said that tax evasion done by corporates is becoming more sophisticated. The Income Tax (IT) Department detected tax evasion to the tune of Rs 50-60 crore. CBDT has also lauded the Mumbai IT department which released a book aimed at plugging tax avoidance or evasion techniques by India Inc.… Read More
FDI declined by 26 percent
Despite efforts by the Commerce & Industry Ministry, India's Foreign Direct Investment (FDI) during April-February 2010-11 has declined by 25.6 per cent to USD 18.3 billion. During April-February 2009-10, the country's FDI stood at USD 24.62 billion. Commerce and Industry Minister Anand Sharma said that fresh investments particularly in services sector--computer (software and hardware), telecom, construction and… Read More
Salaried Tax payers may be exempted from filing Income Tax Returns
E-filing of income tax returns was formally launched on October 13, 2006 and is mandatory for companies, firms etc. but optional for individuals. Mr. Sudhir Chandra, Chairman, Central Board of Direct Taxes said the CBDT will, by June, notify guidelines for small salaried tax-payers having annual income of Rs 5 lakh who will not be… Read More
E-File Income Tax Returns for speedy refunds
The Central Board of Direct Taxes has promised speedy refunds to encourage electronic filing of tax returns. E-filing, which was formally launched on October 13, 2006, is mandatory for companies but still optional for individuals. Taxpayers who file their income-tax returns electronically will get their refunds within a month's time. Usually, the wait for refunds… Read More
Appointment of Cost Auditor under Section 209
General Circular No, 15/2011 Cost auditors who are qualified CWA's by Institute of Cost and Works Accountants to be appointed by all Manufacturing Companies who are required to get a cost audit done under Section 209(1)(d) of the Companies Act, 1956. The circular seeks to revise the procedure for appointment of such Cost Auditors. 52/5/CAB-2011… Read More
India Mauritius Tax Treaty to be Reviewed : Finance Ministry
Double Taxation Avoidance Agreements (DTAAs) are pacts / treaties that seek to eliminate double taxation of income or capital gains arising in one country and paid to residents or companies of another. The spirit of the DTAA was to ensure that the same income is not taxed twice. For instance, India-Mauritius tax treaty provides that… Read More
Murli Deora to Chair a Special Meeting on Issues Relating to Competition
Murli Deora to Chair a Special Meeting on Issues Relating to Competition Union Minister of Corporate Affairs Shri Murli Deora has convened a special meeting on 25th April, 2011 at Mumbai to listen the views of Corporate India on issues relating to competition. The meeting has been called after a discussion with Secretary, Shri D.K.… Read More
Vodafone asked by Supreme Court to appear before the IT Deptt.
The Supreme Court has directed UK telecom major Vodafone to appear before the Income Tax (IT) Department which had instructed the company to pay penalty in the USD 2 billion tax case relating to the telecom major's stake purchase in Hutchison-Essar. Earlier, the I-T department had issued notice to Vodafone in March saying penal action… Read More
CVD on Import of Fertilisers under Chapter 31 made @ 1%
The Countervailing Duty on Fertilisers under Chapter 31 of Customs has been levied @1% ad valorem in case of imports of same into India. Notification No.35/2011-Customs [F.No.354/35/2011TRU] New Delhi, 15th April, 2011 G.S. R. 322(E). - In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of… Read More
Watch Interview with Chairman, Competition Commission of India – Part 1
The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of modern competition laws. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India. The objectives… Read More
Companies to seek Competition Commission approval before Takeovers
Competition watchdog Competition Commission of India (CCI) today said that it will finalize the rules and regulations on merger and acquisition (M&A) provisions by the end of April, a development that would make it mandatory for companies to seek the commission's approval before takeovers. The regulations regarding the forms which are to be applied for… Read More
Right to Property is a Constitutional Right: Upholds Supreme Court
A bench of justices G S Singhvi and A K Ganguly said in a judgement that courts should view with "suspicion" the action of the government in acquiring land for private parties in the name of urgency. The Supreme Court today said the right to property is a constitutional right and government cannot deprive a… Read More
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