"05 December 2018" Archive

The Biggest question! How to file GST Audit Report before 31st December?

GSTR 9C is an annual audit form for the taxpayers registered under GST. It is reconciliation statement between the Annual Return 9 filed and the figures as per Audited Annual Financial statements. In short it can be said that it is similar to the audit report furnished under the Income tax act. It is certified by the CA....

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Liquidation process for Corporate Persons

The provisions dealing with the liquidation of corporate persons are imbibed in the chapter III of the part II of the Insolvency and Bankruptcy code....

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Changes In Pan Application Rules With Effect From 5th December, 2018

CBDT on  19th November, 2018 vide Notification- G.S.R. 1128(E) changed the PAN (Permanent Account Number) card rules in order to prevent tax evasion. The new rules will come into effect from 5th December , 2018. ♣ In the case of a person, being a resident, other than an individual, which enters into a financial transaction of an a...

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Statutory and Tax & Legal Compliance Calendar for December 2018

Compliances Calendar for GST, Compliances Calendar for ESI and PF Payments, Compliances Calendar for Income Tax Act and Compliance Calendar for Companies Act, 2013- S. No Particulars of Compliance Forms/returns Due Date Compliances Calendar for GST 1. Return of outward supplies of taxable goods and/or services from July to November 2018 (...

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GST on Canteen Services by Employer

This article explains GST applicability on canteen services provided by the employer of its employees without consideration. This article is based on provisions up to 05th December 2018...

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Applicability of various Rules and Provision for Classes of Companies

Article  contains the various Rules and section that are applicable to class or classes of companies as per companies Act, 2013. It explains Applicability of Cash Flow Statement, Annual Return and Company Secretary (CS) in practice, Certification of Annual Return by a CS in practice, Corporate Social Responsibility, Internal Auditor, Wom...

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RCM liability under service tax on freight charges

Nirmal Seeds Private Limited Vs The Commissioner of Central Excise (Bombay High Court)

It is the case of the Revenue that the appellant is reimbursing the freight amount to their consignees to the extent freight is paid by the consignee. Besides, it was also found that the appellant was also issuing credit notes for reimbursement of freight charges. Thus, the case of the Revenue is that the freight is ultimately paid by the...

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HC condone Delay in filing First Appeal under GST

M/S. Swarnashilpi Vs Assistant State Tax Officer (Kerala High Court)

M/S. Swarnashilpi Vs Assistant State Tax Officer (Kerala High Court) In W.P.(C) No.13090 of 2018, the petitioner challenged the Ext.P6 assessment order. When the matter was taken up, the learned Government Pleader pointed out that the petitioner had an efficacious alternative remedy. Then, the petitioner’s counsel submitted that un...

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No addition in case of unabated assessment if no incrimination material was found

ACIT Vs Diamond Plaza (P) Ltd. & Vice-Versa (ITAT Cuttack)

Assessment under section 153A could not be made for making addition of unexplained income if assessment was unabated which had attained finality on the date of search and no incriminating material was found as per record. ...

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No TDS on Payment to Amazon for Web-Hosting as same is not Royalty

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune)

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune) Tribunal further observed that there was no amendment in the DTAA between the two countries analogous to the Explanation 5 to section 9(1) of the Act and accordingly Amazon was not chargeable to tax in respect of Web hosting charges received from the assessee […]...

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