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Archive: May, 2017

Posts in May, 2017

Delay in Rent Payment cannot be condoned for Wilful Defaulters: SC

May 14, 2017 5838 Views 0 comment Print

Condonation of delay can take place only when the defaulting tenants so pleads with justifiable reasons which would show that he was prevented from compliance by circumstances beyond his control. The tenant has not offered any explanation for the delay in deposit of rents. Therefore, we do not find any justification to interfere with the order of the High Court.

Delhi HC condemns VAT dept for deliberate delay in issue of VAT refund

May 14, 2017 1482 Views 2 comments Print

Recently, in Asian Polymers Vs. Commissioner Of Trade & Taxes & Anr, the Delhi High Court reiterated that re-assessment cannot be used as a tool for causing delay in processing the refund applications. While scrapping the assessment orders passed by the DVAT Department, the division bench criticised the Officials in harsh words.

Exemption cannot be denied to a Trust merely for Profits from Publishing / Selling of School Books

May 14, 2017 4461 Views 0 comment Print

The textbooks are provided by the Assessee to the students at subsidised rates. Even the textbooks books, reading materials and school bags are being distributed free to deserving students. The essential activity of the Assessee is connected with ‘education’ and nothing else.

GST- ITC Reversal -If supplies are not paid within 180 days

May 14, 2017 93816 Views 12 comments Print

We shall now deal with GST provisions in respect of reversal of input tax credit for supplies where payment is not made within one hundred eighty days. The due date is counted from the date of issue of invoice.

Place of Supply under GST (Inter-state supplies Vs. Intra-state supplies)

May 14, 2017 17436 Views 5 comments Print

Though the union government’s slogan for GST is One nation, one tax which in general terms means single tax on all goods & services across India, however the real picture is far away from this illusion created by the government. Under the proposed GST regime, not only there will be four separate taxes i.e. CGST, SGST, UGST & IGST but also about five to six different tax rates for each such taxes.

GSTR-7 -TDS Return under GST

May 14, 2017 34464 Views 3 comments Print

Registered Tax Payers liable to deduct Tax Deduction at Source (TDS) under GST, will be required to file a monthly return for the tax deducted under GST in GSTR – 7. A certificate of tax deducted is issued by the deductor to the deductee through GSTR – 7A, which can be downloaded from common portal.

Tax Invoice under GST Act

May 14, 2017 17556 Views 5 comments Print

If a registered person accept supply under Reverse Charge Mechanism, then such recipient shall issue an invoice in respect of goods/services or both received by him and such recipient shall also issue a payment voucher at time of making payment to such supplier.

GST: How ‘Constitution of India’ drives tax mechanism in India?

May 14, 2017 23583 Views 1 comment Print

All the taxes levied and collected by the Government in India are governed by one or the other powers vested to them through The Constitution of India. Till now reference to all the matters related to tax were mentioned in The Seventh Schedule of the Constitution of India. This Seventh Schedule of The Constitution of India comprise of three lists namely List-I i.e. Union List, List-II i.e. States List and List-III i.e. Concurrent List.

E-commerce operator under GST Regime

May 14, 2017 46473 Views 13 comments Print

Electronic commerce in general parIance is defined as transactions conducted over a digital or electronic network . Electronic commerce began traditionally as online retail in the stock and sell model. The traditional model worked like this- the inventory of goods/ category of services were displayed to the customer who could choose and pick the desired goods/ services in his virtual cart.

Prompt Corrective Action (PCA) : A Reality Check

May 14, 2017 3576 Views 1 comment Print

The Reserve Bank of India (RBI) has come out with a revised prompt corrective action (PCA) framework for banks, spelling out certain thresholds, the breach of which could invite resolutions such as a merger with another bank or even shutting down of the bank.

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