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Archive: June, 2018

Posts in June, 2018

Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018

June 6, 2018 9096 Views 0 comment Print

Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 provides significant relief to home buyers by recognizing their status as financial creditors. This would give them due representation in the Committee of Creditors and make them an integral part of the decision making process

Processing of IGST refund claims stuck due to SB003 error & Extension of date for cases having SB005 error

June 6, 2018 16197 Views 0 comment Print

Apart fromSB005 errors, IGST refunds are also stuck on account of SB003 error on the customs side. This error occurs when there is a mismatch between GSTIN entity mentioned in the Shipping bill and the one filing GSTR-1/GSTR-3B.

Applicability of CARO 2016, IFC Reporting and Ind AS

June 6, 2018 506940 Views 7 comments Print

This is regarding applicability of CARO 2016, IFC Reporting and Ind AS on various companies.

MVAT Audit report Form- 704 w.e.f. 1.4.2018 notified

June 5, 2018 94983 Views 1 comment Print

Commissioner of Sales Tax, Maharashtra, amends with effect from the 1st April 2018 FORM –704- Audit report under section 61 of the Maharashtra Value Added Tax Act, 2002.

Writ in Delhi High Court on Several Issues related to GST

June 5, 2018 3222 Views 1 comment Print

Third issue highlighted by the petitioner is that Central and State Acts permit rectification of mistakes. However, GSTN portal does not permit rectification of a return already filed. Rectification is to be made in the subsequent return. Nevertheless authorities are issuing notices to the assessees whenever rectification is made, treating rectification as a discrepancy between GSTR1 and GSTR3B. A large number of assessees are facing this problem.

Goods cannot be detained if e-way bill been Generated after movement of goods but before interception of the same by Dept.

June 5, 2018 3990 Views 0 comment Print

The contention of the learned counsel for the petitioner is that that due to technical fault of the State Web-site E-way bill-02 could not be generated on 25.3.2018 before the movement of the goods from Varanasi to Fatehpur, however, the same was generated on 26.3.2018 in the morning which was much before the date of seizure order which has been admittedly passed on 27.3.2018 at 6 p.m.

Recent Pronouncements On GST (Part-IX)

June 5, 2018 3960 Views 0 comment Print

In Mascot Entrade (P) Ltd. v. Union of India, the Assistant Commissioner of GST and Central Excise issued a show cause notice to the assessee related to service tax matter.

Incorporation of Section 8 Company- A Practical Approach

June 5, 2018 8715 Views 6 comments Print

A non-governmental organization (NGO) usually termed as non-profit Organisation usually deliver resources or serve some social or political purpose. NGOs or Non-profit Organisation are primarily concerned with promoting a cause and engaged in a wide range of activities.

Penalty U/s. 271(1)(c) not sustainable if specific charge not mentioned

June 5, 2018 3312 Views 0 comment Print

When penalty proceedings are sought to be initiated by the revenue under section 271(1)(c), the specific ground, i.e., either concealment of particulars of income or furnishing of inaccurate particulars thereof has to be spelt out in clear terms. Otherwise, an assessee would not have proper opportunity to put forth his defence. Therefore, penalty order was not sustainable in the absence of specific charge mentioned by AO.

Streedhan in the form of jewellery received during span of 20-25 yeas cannot be said to be unexplained investment U/s. 69A

June 5, 2018 11290 Views 0 comment Print

That the Learned Commissioner of Income Tax (Appeals) -2, New Delhi has erred in deciding the appellate proceedings by confirming the additions made by the learned Assessing Officer without providing a reasonable opportunity to the appellant to submit and substantiate his claim on the additions made by the Learned Assessing.

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