Author: Sukhwinder Singh

Time taken to travel to work 'should count as work' according to European Court

Time taken to travel to and from work at the beginning and end of each day should count as working time under the law, according to the Europe’s highest court. It could mean that companies employing such workers as electricians, gas fitters, care workers and sales reps could be in breach of EU working time regulations, if they chose to abandon a regional office, for example. The ECJ said it was protecting the “health and safety” of workers according to the European Union’s Working Time Directive. The ruling revolves around a legal case in Spain involving Tyco, the security systems company. The ruling said: “The fact that the workers begin and finish the journeys at their homes stems directly from the decision of their employer to abolish the regional offices and not from the desire of the workers themselves. “Requiring them to bear the burden of their employer’s choice would be contrary to the objective of protecting the safety and health of workers pursued by the directive, which includes the necessity of guaranteeing workers a minimum rest...

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Couple living together will be presumed married, Supreme Court rules

If an unmarried couple is living together as husband and wife, then they would be presumed to be legally married and the woman would be eligible to inherit the property after death of her partner, the Supreme Court has ruled. A bench of Justice MY Eqbal and Justice Amitava Roy said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married. “It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin,” the bench...

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Corporate Updates

The GST is Unlikely before 2017 as Govt dropped the Plan to Convene a Special Parliamentary session to approve the Constitution Amendment Bill. Govt Hiked DA of Central Govt Staff by 6%. Spectrum Trading by Telecom Operators allowed now. Govt will soon bring out List of Tax Exemption to be phased out as part of exercise to reduce corporate tax rate to 25% in four...

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No Extension of Date for Filing of Returns due by 30th September for Assessment Year 2015-16

Income-tax returns for Assessment Year 2015-16 for certain categories of assessees viz companies, firms and individuals engaged in proprietary business/profession etc whose accounts are required to be audited, are to be filed by 30th September, 2015. The audit report is also required to be filed by the said date. The Government has received representations from various stakeholders seeking extension of date for filing of returns and tax audit reports beyond 30th September 2015. The reasons cited are delay in notifying the returns and related delay in availability of forms on the e-filing website. The matter has been considered. Income-Tax Returns Forms 3,4,5,6 and 7 which are used by the above mentioned categories of assessees were notified for Assessment Year 2015-16 on 29.07.2015. The forms were e-enabled and were available on the e-filing website of the Department from 7th August 2015 giving enough time for compliance. The changes made to these forms are not extensive as compared to the earlier years. Further taxpayers entering into either international transactions or specified domestic transactions are required to file their returns by 30th November 2015 only. After consideration of all facts, it has been decided that the last date for filing of returns due by 30th September 2015 will not be extended. Taxpayers are advised to file their returns well in time to avoid last minute rush. Source – Press Information...

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MCA Updates

IMPORTANT NOTICES Form AOC-4 has been amended for certification by CS/CA/CMA (CA, 2013 Amendment Rules) Version of Forms- CHG-1, GNL-1, GNL-3, INC-1, INC-6, RD-2, Form FTE, Form 22, Form 2 LLP and Form 2A LLP are modified w.e.f 4th Sep 2015. You are requested to plan accordingly. Version of Forms- Form 4 LLP, Form 31 LLP, Form 23 LLP, Form 29 LLP, Form 8 LLP, Form 4A LLP, Form 25 LLP, Form 27 LLP, Form 11 LLP, Form 28 LLP are modified w.e.f 3rd Sep 2015. You are requested to plan accordingly. The requirement of filing declaration by a company before commencement of business or exercising its borrowing powers has been dispensed with under the Companies (Amendment) Act, 2015. Accordingly companies are no longer required to file e-form INC-21 with the Registrar through MCA...

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