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Archive: 09 September 2017

Posts in 09 September 2017

GST council decides to further extend GST return filing due dates & to give other relaxations

September 9, 2017 15555 Views 6 comments Print

GSTR-3B will continue to be filed for the months of August to December, 2017. A registered person (whether migrated or new registrant), who could not opt for composition scheme, shall be given the option to avail composition till 30th September 2017 and such registered person shall be permitted to avail the benefit of composition scheme with effect from 1st October, 2017.

Input not eligible for Input Tax Credit (ITC) under GST

September 9, 2017 50661 Views 14 comments Print

Introduction:- Time has been arrived for filing of GST Returns but in some transactions we are not very much clear whether ITC has been availed for a particular transactions or not. Section-17(5) of CGST Act, 2017 will provide light in this matter. This article will provide detail lists of Input not eligible for Input Tax […]

Suggestions by Nagpur BJP GST CELL for smooth compliance of GST

September 9, 2017 2325 Views 0 comment Print

REVERSE CHARGE MECHANISM (RCM)- Reverse Charge Mechanism in GST should be removed. It is the biggest confusing and problematic issue in GST. Small Business owners are suffering huge loss due to this provision. Compliance part has also increased due to this.

Practicing CA Cannot Enroll As A Lawyer: Gujarat HC

September 9, 2017 5043 Views 0 comment Print

01 The present petition is filed by the petitioner under Articles 226 of the Constitution of India as well as under Sections 24 and 28 of the Advocates Act, 1961 for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued to the Bar Council of India to enroll […]

CBDT cannot amend the legislative provisions by issuing a Circular: SC

September 9, 2017 1593 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) issued a Circular under Section 119 of the Income Tax Act,1961. In fact, it amended the provisions contained in Rule 68B of the IInd Schedule to the Income Tax Act, 1961, which otherwise have statutory force. Such legislative provisions cannot be amended by CBDT in exercise of its power under Section 119 of the Act.

There can be no tax liability without the authority of law : ITAT Mumbai

September 9, 2017 1644 Views 0 comment Print

This appeal by assessee u/s 253 of Income Tax Act (the Act) is directed against the order of ld. Commissioner of Income-tax (Appeals)-15, Mumbai dated 16.10.2012 for Assessment Year 2007-08. The assessee has raised the following grounds of appeal

SC on fixation of rent and its payment is statutory or contractual and Tax effect

September 9, 2017 1392 Views 0 comment Print

S. 37(1): in order to decide whether disputed lease rent is deductible in the year of fixation or in the year the dispute attains finality, the nature of fixation of rent, its payment, recovery etc. and whether it is statutory or contractual, have bearing. The Tribunal is required to bring the facts on record

Penalty cannot be levied for difference in Income with form 26AS due to TDS deduction on Service Tax Component

September 9, 2017 7134 Views 0 comment Print

Since the difference is reconciled at the penalty stage and claim of assessee have not been doubted or rejected, therefore, Ld. CIT(A) was not justified in confirming the levy of penalty merely because assessee conceded for addition of the amount in question.

GSTR-2 Few Important Aspects

September 9, 2017 4320 Views 2 comments Print

Many GSTR3B came to my notice which has been filled by my professional colleagues (including advocates) or by in house team of client. A common mistake I found in many returns that was Block No.5 was left un-filled i.e. -From a supplier under composition scheme, Exempt and Nil rated supply.

Its High Time now GSTN needs to accept its failure and look out for options to ease hardships faced by professionals and Tax payers

September 9, 2017 1974 Views 3 comments Print

Just heard of an Insensitive statement from Revenue Secretary that GSTN faced issued because of mentality of Tax payer to rush at the Last moment. With all due respect, i feel you knew of this mentality but still you couldn’t develop a strong and robust IT system which could take the load of such huge Data, such last minute rush.

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