Issuance of calendar for Sovereign Gold Bond Scheme 2021-22 (Ministry of Finance Press Release dated 21st Oct 2021)

The Government of India, in consultation withthe Reserve Bank of India, has decided to issue Sovereign Gold Bonds. The Sovereign Gold Bonds will be issuedin fourtranches fromOctober 2021 to March 2022 as per the calendar specified below:

Tranche :2021-22 Series VII

Date of Subscription: October 25 – 29, 2021

Date of Issuance: November 02, 2021

Issuance of calendar for Sovereign Gold Bond Scheme 2021-22

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1765519&RegID=3&LID=1

Judiciary updates (Income Tax)- 20th Oct 2021

HC took strong view against Carelessness by AO in Assessment ( Mantra Industries Limited Vs National Faceless Assessment Centre (NFAC or NeAC) & Ors. (Bombay High Court) dated 11/10/2021)

Amendment in section 36(1)(va) & 43B applicable from 01.04.2021 Gopalakrishna Aswini Kumar Vs Assistant Director of Income Tax (ITAT Banglore) dated 13/10/2021

Reasons recorded on incorrect information are invalid and results in invalidation of reopening (Madan Mohan Tiwari Vs ITO (ITAT Delhi) dated 06/10/2021)

Non-profit making body with objective of protecting trade or commerce would be eligible for exemption  ( Bombay Chamber of Commerce dated 30/09/2021)

No reassessment beyond 4 years on issue already dealt during original assessment ( Saurabh Natvarlal Soparkar Vs ACIT (Ahmedabad High Court)

Reopening could not have been done in absence of new facts coming to knowledge subsequent to original assessment proceedings ( Cognizant Technology Solutions India Private Limited Vs ACIT (Madras High Court) dated 05/10/2021)

Regards,

Bipul Kumar

Advisory for taxpayers on Form GSTR-2B (GST Portal update 18th Oct 2021)

18/10/2021

1. Form GSTR-2B is an auto-drafted ITC statement which is generated for every normal taxpayer on the basis of the information furnished by their suppliers in their respective GSTR-1/IFF, GSTR-5 (non-resident taxable person) and GSTR-6 (input service distributor). This statement indicates availability and non-availability of input tax credit to the taxpayer against each document filed by their suppliers and is made available to the taxpayers in the afternoon of 14th of every month.

2. Please click on below links to access additional content related to Form GSTR-2B:

https://tutorial.gst.gov.in/downloads/news/updated advisory_gstr_2b_12_10_2021.pdf – for detailed advisory

https://tutorial.gst.gov.in/userguide/returns/index.htm#t=Manual_gstr2b.htm –for User Manual

https://tutorial.gst.gov.in/userguide/returns/index.htm#t=FAQ_gstr2b.htm – for FAQs

Thanking You,
Team GSTN

CCI approves acquisition of Global Content Alpha Partners Holdco Pte. Ltd. by Starnmeer B.V.

The Competition Commission of India (CCI) approves the acquisition of Global Content Alpha Partners Holdco Pte. Ltd. (GCAPH) by Starnmeer B.V. (Starnmeer) under Section 31(1) of the Competition Act, 2002.

Starnmeer, a recently incorporated entity, is ultimately owned and controlled by funds comprising the Baring Asia Private Equity Fund VII, a fund affiliated with Baring Private Equity Asia Pte. Ltd. (BPEA). BPEA  is  an  international  private  equity  firm  with  a  focus  on  private  equity investments in Asia. BPEA and its affiliates currently inter alia hold investments in various entities that are engaged in the provision of Information Technology (IT) and IT enabled services (ITeS) in India (Portfolio Entities). 

GCAPH is  engaged  in  the  provision  of  services  within  the  IT  &  ITeS sector (more specifically Business Processing Outsourcing (BPO)services) and caters to  customers  that  are  engaged  in the  communications,  media,  and  services sector and  the  education  sector.  In  India, GCAPH is  present  through  its subsidiaries    namely, LearningMate    Solutions    Private    Limited, SPI Technologies   India   Private   Limited, Scope   e-Knowledge   Center   Private Limited, and Scientific Publishing Services Private Limited.

The Proposed Combination, notified under Sections 5(a) of the Competition Act, 2002, concerns the proposed acquisition of up to the entire issued share capital of GCAPH from its existing shareholders.

A detailed order of the CCI will follow.

CCI approves Acquisition of worldwide healthcare BPO services of Hinduja Global Solutions Limited, by Betaine B.V.

(Ministry of Finance Press Release dated 18th Oct 2021)

The Competition Commission of India (CCI) approves Acquisition of the worldwide healthcare BPO services of Hinduja Global Solutions Limited, by Betaine B.V.

The proposed combination pertains to the proposed acquisition of worldwide healthcare business process outsourcing (BPO) services of Hinduja Global Solutions Limited (HGS), along with certain assets, contracts and employees by Betaine B.V. (Betaine).

Betaine has been recently incorporated in the Netherlands for the purposes of the Proposed Transaction, and is an entity, which is ultimately owned and controlled by funds comprising The Baring Private Equity Asia Fund VIII which is a fund affiliated with Baring Private Equity Asia Pte. Ltd. (BPEA). Betaine is currently not engaged in any business activity (directly or indirectly) in India.

BPEA is an international private equity firm with a focus on private equity investments in Asia. BPEA and its affiliates currently inter alia hold investments in various entities that are engaged in the provision of Information Technology (IT) and IT enabled services (ITeS) in India, including in the provision of BPO services.

HGS is engaged in the provision of IT and ITeS services, and caters to customers across the globe. The services that it offers include BPO services, which cover, inter alia, marketing and digital enablement services and consumer interaction services. The Target Business essentially comprises the BPO services offered by HGS and caters primarily to the customers within the healthcare segment.

A detailed order of the CCI will follow.

Judiciary updates -18th Oct 2021

Benami Act, 1988, would not extend to properties purchased by the company

Kalyan Buildmart Pvt. Ltd. Vs Initiating Officer (Rajasthan High Court) dated 06/10/2021

NCLT admits RBI application for initiating CIRP against Srei Infra

Reserve Bank of India Vs Srei Infrastructure Finance Limited (NCLT kolkata) dated 08/10/2021

No limitation period in case of usufructuary mortgage: SC

Ram Rattan (Dead) By Lrs. Vs Devi Ram & Ors. (Supreme Court of India) 07/10/2021

Judgment debtor cannot raise objections to executions in installments: SC

Dipali Biswas & Ors. Vs Nirmalendu Mukherjee (Supreme Court of India) dated 05/10/2021

SC Guidelines on grant of bail to accused not arrested during investigation post filing of Chargesheet

Satender Kumar Antil Vs Central Bureau of Investigation and Anr. (Supreme Court of India) dated 07/10/2021

Regards,
Bipul Kumar

How to improve Law Firm (Lawyers) Profitability?

Dear Sir,

Please find below YouTube video link on How to improve Law Firm (Lawyers) Profitability?

1. What is Law firm?

2. Generally used business structure of Law Firm in India

3. Financial indicators

4. Lawyers compensation, Profitability

5. How do law firms make a profit?

6. Revenue vs. profitability

7. What can a law firm do to stay profitable?

8. Tips to improve Law Firm’s profitability

Regards,
Bipul Kumar

Income Tax Department conducts searches on groups engaged in the business of Digital Marketing & Waste Management (Ministry of Finance Press Release dated 17th Oct 2021)

The Income Tax Department initiated search and seizure operations in two groups based in several States on 12.10.2021.

The first group is engaged in digital marketing and campaign management wherein the search operations have been carried out at 7 premises located in Bengaluru, Surat, Chandigarh, and Mohali.

Incriminating evidence found reveals that the group has been engaged in obtaining accommodation entries using an entry operator. The entry operator has admitted to have facilitated transfer of cash and unaccounted income of the group through Hawala operators.

Inflation of expenditure and under-reporting of revenue has also been detected. The group has also been found to be indulging in unaccounted cash payments.  It is also found that personal expenses of the directors have been booked as business expenses in the books of accounts. Luxurious vehicles used by the directors and their family members are found to have been purchased in the names of employees and entry provider.

The second group searched is engaged in Solid Waste Management comprising solid waste collection, transportation, processing and disposal services across the country, primarily catering to Indian municipalities.

During the course of the search, various incriminating documents, loose papers and digital evidences have been seized. Evidence found reveals that this group has indulged in booking of bogus bills for expenses and sub-contracts. A preliminary estimate of such bogus expenses booked is to the tune of Rs.70 crore.

The search action has led to the detection of unaccounted investment in property of about Rs. 7 crore. Apart from this, the search action has resulted in seizure of unaccounted cash of Rs. 1.95 crore and jewellery of Rs. 65 lakh.

Further investigations are in progress in both the groups.

Income-tax Department’s searches in NCR, Haryana & WB reveal large scale under-invoicing of imports (Ministry of Finance Press Release dated 16 Oct 2021)

The Income Tax Department carried out search and seizure operations on an importer and trader of laptops, mobile phones and peripheral parts. The search operations commenced on 10.10.2021 and were spread across the National Capital Region, Haryana and West Bengal.

During the course of the search, several incriminating documents, diaries and digital evidences have been found which reveal that the group is entrenched into large scale under-invoicing and wrongful declaration of goods imported by it. Large number of evidences indicating unrecorded transactions, unaccounted investment in properties, bogus loans taken, etc. have also been gathered.

The modus operandi involves import of goods in the name of shell entities at under-valued and/or wrongful declaration of description of goods imported, with an intent to evade customs duty. Upon clearance at port(s), such goods have been found to be distributed throughout India by way of out-of-books cash transactions. This aspect has been fortified while searching one of the containers at Kolkata Port, where the bill of lading declared the goods as ‘HDMI cables’ valued at Rs 3.8 lakh. However, on de-sealing and searching the same, it has been revealed that the actual goods imported are high value items like laptops, mobile phones etc which are valued at Rs. 64 crore.

The evidences found and seized during the course of the search reveal that the payments for such under-invoiced goods to the foreign consigners have been made through hawala channels. Almost the entire business has been found to be run through such modus-operandi.

Though the value of imports declared at the port of entry by the use of such shell entities in the past 3 years is about Rs. 20 crore, it is estimated that the actual value during this period could be more than Rs. 2000 crore, given the scale of massive under-valuation detected.

The wealth, so generated, has been used for acquisition of high value immovable properties; disguising of cash introduced in the form of bogus rental income and bogus unsecured loans; and deposits in foreign bank accounts.

During the course of the search, unaccounted cash of Rs. 2.75 crore has been seized.

Further investigations are in progress.