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Archive: February, 2019

Posts in February, 2019

Deductibility of Cess paid on Income Tax

February 11, 2019 14934 Views 2 comments Print

In this article, an effort has been made to contend that the cesses payable are a deductible expense under section 37(1) r.w. section 40(a)(ii) of the Income tax Act, 1961 (hereinafter referred to as the ‘Act’). It is well settled that the cess levied on indirect taxes is an allowable expenses and thereby the sole focus of the article lies on cess payable under the Income tax Act.

Delay GSTR-3B Return: Pay Interest on Gross liability sans ITC Set off 

February 11, 2019 15072 Views 1 comment Print

In this article, we would study what constitutes this delayed payment of taxes. Is it the net tax liability after adjustment of input tax credit or the Gross tax liability before set off of input credit available in the Electronic credit ledger.

No Anti profiteering on sale of Jockey Socks as tax rate was same pre & post-GST

February 11, 2019 1455 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s Sudarsans (NAA) DGAP has submitted in his report that the rate of tax on the product (Jockey Socks 7052 FS ASSTD) remained same in the pre-GST and the post- GST era. Moreover, the pre-GST and post-GST base prices (excluding tax) had remained the same. Therefore, the provisions […]

No Anti profiteering if Tax Rate on product remains same pre & post-GST

February 11, 2019 1227 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s Emke Silks & Garments Pvt. Ltd. (National Anti-Profiteering Authority) It is clear from the perusal of the facts of the case that the product i.e. Shirts (Design 689) was exempted from the Central Excise Duty, vide Notification No. 30/2004-CE dated 09.07.2004 and only attracted VAT @ 5%. After […]

No Anti profiteering on sale of Denim Jeans as tax rate was same pre & post-GST

February 11, 2019 750 Views 0 comment Print

DGAP has submitted in its report that the rate of tax on the product Trousers (Denim Jeans Design 899) had remained the same in the pre-GST and the post- GST era. Moreover, the pre-GST and post-GST base prices (excluding tax) had also remained the same. Therefore, the provisions of Section 171 of the CGST Act, 2017 have not been contravened and the allegation of profiteering by the Respondent was not established.

Addition not justified for expense which was not claimed as Expenditure or Deduction

February 11, 2019 4095 Views 0 comment Print

Mother Dairy Fruit & Vegetable Pvt. Ltd. Appeal: AO Failed To Establish A Legal Basis For The Addition On Account Of Disallowance Of Interest Expense, When The Assessee Had Not Even Claimed It As Expenditure Or Deduction, Addition Unjustified

Major GST Amendments Applicable From 1st Feb 2019

February 11, 2019 8757 Views 2 comments Print

1. Earlier supplier of goods and services were not allowed to opt for composition scheme but now they can apply if the value of supply of service does not exceed – higher of the amount-10% of the state turnover in the previous financial year and Rs. 500000. 2. Input Tax Credit in relation to Passenger […]

Beware! Interest in GST is not in Public Interest!

February 11, 2019 20640 Views 12 comments Print

Arjun (Fictional Character): Krishna, What debate is undergoing on GST interest? Krishna (Fictional Character): Arjuna, Under Sec 50, interest is levied in GST. Hyderabad GST Commissionerate has issued standing order on 4th   February, 2019. It lead to argument between taxpayer and government. Arjun: Krishna, When is interest levied under GST and who is liable to […]

Significant Beneficial Ownership (SBO) Amendment Rules, 2019

February 11, 2019 34263 Views 19 comments Print

The Ministry of Corporate Affairs has vide its Notification dated 08.02.2019 amended the existing the Companies (Significant Beneficial Owners) Rules, 2018 by introducing the Companies (Significant Beneficial Owners) Amendment Rules, 2019. The Companies (Significant Beneficial Owners) Amendment Rules, 2019 replaces all the provisions of the Companies (Significant Beneficial Owners) Rules, 2018 except Rule 5 (Register […]

MCA amends Companies (Significant Beneficial Ownership) Rules

February 11, 2019 3057 Views 0 comment Print

The Ministry of Corporate Affairs notified Companies (Significant Beneficial Ownership) Amendment Rules 2019, to amend the Significant Beneficial Ownership Rules 2018 notified last June. The Rules aim to look-through corporate layers to reveal individual shareholders that ultimately derive economic benefits from and/or control a corporate entity in India. The amendment introduces Rule 2(h) which seeks […]

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