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Archive: January, 2019

Posts in January, 2019

GST on Advance Received for future supplies

January 19, 2019 19779 Views 3 comments Print

GST on advances received for future supplies Time of supply:    Time of supply is earliest of following:    a) At the time of receipt or payment;or    b) At the time of issue of invoice Accordingly, GST needs to be paid with reference to the time at which advance is received. Example: An advance […]

Removal of Pre-Import Condition – Prospective or Retrospective ??

January 19, 2019 5298 Views 0 comment Print

1. Pre-import condition (i.e. import first and then export) was inserted in Notification No. 18/2015 – Customs (as condition no. (xii)) as well as Notification No. 20/2015 – Customs (as condition no. (xiii)) vide Notification No. 79/2017 – Customs dated 13-10-2017. Said condition was required to be met if IGST exemption was claimed on imports made […]

Refund of accumulated ITC of compensation cess

January 19, 2019 48258 Views 2 comments Print

The entities whose procurements attract compensation cess but there is no compensation cess levy on final goods manufactured could have accumulated ITC of compensation cess. There has been an ambiguity about eligibility of refund of accumulated ITC of compensation cess in GST law.

Change in Time Limit for Claiming refund of Accumulated ITC w.e.f. 1 Feb 2019: An Analysis

January 19, 2019 58959 Views 5 comments Print

Section 54(3) of CGST Act 2017 provides refund of unutilised input tax credit. As per section 54(3), refund of unutilised input tax credit shall be allowed in the following two cases only: – (i) zero rated supplies made without payment of tax;+ (ii) where the credit has accumulated on account of rate of tax on […]

GSTR 4 (Composition scheme Return) FAQs

January 19, 2019 25152 Views 2 comments Print

Form GSTR-4 is to be filed by a taxpayers who are registered under the composition scheme. The composition taxpayer needs to provide the details of the outward supplies and inward supplies (other than attracting reverse charge and attracting reverse charge) and those received from the unregistered dealers including the details of services imported from outside India in Form GSTR-4.

GST on Freight Charges

January 18, 2019 83073 Views 3 comments Print

Freight refers to bulk transportation of goods via train or truck, aircraft or ship. Since the transport of goods by freight is the commonly used transportation mode for the businesses supplying goods, the introduction of GST on freight charges hasn’t just affected the Indian freight sector but several other sectors as well. Generally, freight is facilitated either […]

Guidance Note on Reports in Company Prospectuses (Revised 2019)

January 18, 2019 7206 Views 0 comment Print

Guidance Note on Reports in Company Prospectuses (Revised 2019) Readers may note that this Guidance Note supersedes the Guidance Note on Reports in Company Prospectuses (Revised 2016) issued by the ICAI in December 2016. The ‘Guidance Note on Reports in Company Prospectuses’ provides guidance to the practitioners in case of engagements which require them to […]

Test of Proportionality must guide in determining if presumption under Sec.139 was rebutted

January 18, 2019 1566 Views 0 comment Print

It was held that in determining whether the presumption has been rebutted, the test of proportionality must guide the determination. The standard of proof for rebuttal of the presumption u/s 139 is guided by a preponderance of probabilities.

Fresh additions cannot be made in assessment due to revisional order u/s 263

January 18, 2019 3096 Views 0 comment Print

While framing of assessment in pursuance of revisional order passed under section 263, AO was entitled to consider only those items which had been considered by CIT and was not entitled to consider any other item afresh for making addition.

ITAT can extend Stay If Non-disposal of Appeal is not attributable to Assessee

January 18, 2019 1086 Views 0 comment Print

Inatech India Pvt. Ltd. Vs ITO (ITAT Bangalore) From the narration of facts with regard to the non disposal of the appeal of the Assessee, it is clear that the delay in non disposal of the appeal is not attributable to any default on the part of the assessee. The law is by now well […]

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