"13 November 2017" Archive

Form GSTR-3B of GST- Boon or Curse

Form GSTR--3B is summary return inserted by Government vide Rule 61 of the CGST Rules, 2017 in lieu of Form –GSTR-3. It is a summary return in place of GSTR-3. Form was introduced as time gap arrangement to collect the tax from the payer of tax. ...

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Low tax effect appeals: CBDT cannot issue circular having retrospective operation: SC

CIT Vs. Gemini Distilleries (Supreme Court)

The question raised in this batch of Appeals is as to whether the instructions/circular issued by the Central Board of Direct Taxes on 9.2.2011 will have retrospective operation or not....

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Accepting of UIN of Foreign Diplomatic Missions / UN Organizations while making sales or supplies

Various representations have been received from Foreign Diplomatic Missions / UN Organizations regarding unwillingness of the vendors / suppliers to record the UIN (Unique Identify Number) while making sales to such Missions / Consulates or UN organizations. ...

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Join 4 day GST Certified practitioner course by Ministry of M.S.M.E.

The Course aims to facilitate the Graduating students, members in industry as well in practice by: Providing specialized and updated knowledge in the area of GST in a systematic manner., Enhancing analytical and problem solving skills for decision making., Employable skill for Industry and self employment...

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Refund Mechanism in GST

he Goods and Services Tax, which was implemented from July 1, subsumes all the indirect taxes that businesses earlier paid the Centre and states separately, with the aim of creating a common market. It involved a complete overhaul of the tax filing system....

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TDS on IUC charges paid to foreign / non-resident telecom operators and discount to prepaid distributors

Bharat Sanchar Nigam Ltd. Vs Addl. CIT (ITAT Delhi): ITA No. 920/Del./2017

Addition on account of discount extended to prepaid distributors Third proviso to section 194H will get attracted only when the nature of payment is “commission or brokerage”. Parties before us agree that majorly the distribution of products by BSNL and MTNL takes place through Public Call Office franchisees since this was an infrastr...

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GST Provisions : Change Is The Only Costant

After the roll out of GST on 1st July 2017, there have been more then 200 amendments in just 133 days. Most of the changes were made to cover the software lapses and some were related to accommodate the valid demands of rationalization in tariff rates from businessmen from across the nation....

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Section 271(1)(c) Penalty cannot be imposed in absence of Disallowance

Indermal Manaji Vs CIT (Bombay High Court)

It is abundantly clear that the very basis of the penalty proceedings was set aside by the Tri­bunal in an appeal against the assessment order. There was no addition of income. On the contrary, the case of the assessee, which was negated by the assessing officer of carrying on the business of draft discounting, is accepted by the Tribuna...

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Appeal at a higher fora after Department has lost in two previous stages

F. No. 390/Misc/69/2017-JC (09/11/2017)

TPRU has suggested that the Department should not contest a case further if the issue has been lost in two previous stages of appeals. This suggestion was considered in detail by the Board at the meeting dated 18.09.2017....

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GST: HC cannot entertain an appeal in respect of classification issues or matters concerning tax rate

M/s. Jaap Auto Distributors Vs. The Assistant Commissioner of Customs (Madras High Court)

M/s. Jaap Auto Distributors Vs Assistant Commissioner of Customs (Madras High Court) A Writ Court cannot make a fact finding exercise to ascertain, which would be an appropriate entry under which the goods are to be classified. In fact, under the normal course in respect of classification disputes, the High Court  cannot entertain an app...

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