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Archive: June, 2018

Posts in June, 2018

TNVAT Act, 2006 – Zero rate sales – Issue of refund of input tax credit on capital goods – Modified instructions

June 21, 2018 2985 Views 0 comment Print

In the reference first cited, a revised circular in respect of export refunds in supersession of all earlier circulars relating to export refunds has been issued, in which it has been instructed to defer the refund claim relating to input tax credit on capital goods with respect to zero rate sales including exports in para 14 as given below:

GST-A Journey of One Year

June 21, 2018 6705 Views 0 comment Print

Goods and Services Tax is about to complete its first year in our Country. It is really a matter of proud that I belong to a State which has first passed /ratified the GST Constitutional Amendment Bill on 12.08.2016 in its State Legislative Assembly. Assam was the first in the Country to pass the GST Constitutional Amendment Bill.

Audit Under GST Regime

June 21, 2018 28578 Views 10 comments Print

The most favorite word for an assessee under dictionary of GST is REFUND, and the most favorite word for Chartered Accountant(s) under the same dictionary is AUDIT (of course after REFUND…!). Till date, whichever forms and formats are prescribed for Returns, it clearly emphasizes on self assessment processes

Section 270A –Penalty on Under Reporting of Income

June 21, 2018 66870 Views 5 comments Print

The penal provisions contained in section 271(1)(c) provided for levy of penalty for concealment of income or for furnishing inaccurate particulars of income. The amount of penalty to be levied extends from 100% minimum to 300% maximum of the tax sought soughed to be evaded.

Liberalized Remittance Scheme (LRS) is not so liberal anymore!

June 21, 2018 12804 Views 1 comment Print

LRS was introduced on February 4, 2004, vide A.P. (DIR Series) Circular No. 64 dated February 4, 2004 read with GoI Notification G.S.R. No. 207(E) dated March 23, 2004, as a liberalization measure to facilitate resident individuals to remit funds abroad for permitted current or capital account transactions or combination of both.

Service Tax cannot be levied on incentive to encourage use of franking machines

June 20, 2018 3480 Views 0 comment Print

Coming to the controversy on rebate received from the postal department, it cannot be treated as a commission or an amount received for promoting the postal services. Such incentives are given by the postal authority to encourage use of franking machines, especially where the volumes are above a certain threshold level.

GST: Seizure of goods for alleged intention to evade tax without opportunity to taxpayer to explain his conduct is invalid

June 20, 2018 1491 Views 0 comment Print

M/s M.K. Enterprises  v. State of U.P. & 3 Others (Allahabad High Court) Assessee was not given any opportunity to show cause or give reply to the allegation on which goods had been seized on account of absence of Transit Declaration Form (TDF), it was held that as the petitioner had no notice or opportunity […]

No Penalty for non / Late filing of GST Return due to technical issues: HC

June 20, 2018 16488 Views 2 comments Print

Manu International Vs. State of U.P. (Allahabad High Court) Penalty should not be imposed where the assessee is unable to file the GST returns and pay the taxes for technical issues relating to migration. The petitioner is a registered partnership firm under the U.P. VAT Act, 2008. On the enforcement of the GST, it applied […]

HC directs Municipal Corporation, Raipur to Consider GST reimbursement application as per law

June 20, 2018 1278 Views 0 comment Print

Natthani Infrastructures Vs State of Chhattisgarh (Chhattisgarh High Court) 1. Learned counsel appearing for the petitioner would submit that petitioner has made an application on 05.04.2018 before the respondent authorities for reimbursement of additional Goods and Services Tax (GST) liability on civil contract and work order issued prior to implementation of Goods and Services Tax Act, […]

Management Of NPA- New Suggestion- An Old Wine In New Bottle

June 20, 2018 1839 Views 0 comment Print

Recently Mr. Piyush Goyal, Finance Minister, announced setting up of a committee to give recommendations in two weeks on formation of an asset reconstruction company for faster resolution of stressed assets besides mooting the idea of BAD BANK.

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