"29 March 2019" Archive

I-T offices to remain open on 30th & 31st March, 2019 (Saturday & Sunday)

F. No. 225/86/2019-ITA-II (29/03/2019)

The last date for filing belated/revised tax-returns for assessment year 2018-19 is 31' March, 2019. The Financial Year 2018-19 also closes on 31' March, 2019. In view of the closed holidays on 30th March, 2019 and 31st March, 2019, being Saturday and Sunday,...

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Central Goods and Services Tax (Second Amendment) Rules, 2019

Notification No. 16/2019-Central Tax [G.S.R.294(E)] (29/03/2019)

CBIC notifies Central Goods and Services Tax (Second Amendment) Rules, 2019 vide Notification No. 16/2019—Central Tax dated 29th March, 2019. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 16/2019—Central Tax New Delhi, the 29th March, 2019 G.S.R.294(E). ...

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Income Tax Dept carries out more search actions in J&K Region

Income Tax Department carried out search actions at 5 premises located in and around Srinagar on 28th March, 2019. Two groups who have connived with local officials in facilitation of absorption of undisclosed income of undesirable elements in shops, buildings and land in Srinagar were searched....

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Posted Under: Income Tax |

Procedure & formats for limited review / audit report of listed entity- Reg.

CIR/CFD/CMD 1/44/2019 (29/03/2019)

Revised Procedure and formats for limited review / audit report of the listed entity and those entities whose accounts are to be consolidated with the listed entity...

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Interest rates of NSC, PPF, KVP, SSAS, SCSS for Q1 of FY 2019-20

rates of interest on various small savings schemes for the first quarter of financial year 2019-20 staring Ist April, 2019 and ending on 30th June, 2019 shall remain unchanged from those notified for the fourth quarter of financial year 2018-19....

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SEBI (Listing Obligations And Disclosure Requirements) (Amendment) Regulations, 2019

Notification No. SEBI/LAD-NRO/GN/2019/07 (29/03/2019)

SEBI notifies Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Amendment) Regulations, 2019...

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Execution of power of attorney not amounts to transfer of property

Shri S.S. Manthirikumar Vs ITO (ITAT Chennai)

Mere execution of power of attorney could not be considered to be transfer of property. For transfer of property, assessee had to enter into an agreement for sale either by himself or through power of attorney agent and also hand over the physical possession of the property as contemplated under Section 53A of Transfer of Property Act....

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Levy of penalty u/s 271D and 271E in case of non-genuineness of transactions between director and assessee-company

M/s. Vasan Healthcare P Ltd. Vs Addl. CIT (Madras High Court)

Penalty u/s 271D and 271 E was leviable as there was absolutely no genuinity or bonafideness in the transaction done between the promoter/ director and assessee- company....

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While determining sugarcane purchase price profit component to be considered as sharing of profit and rest was deductible expenditure

C.I.T. Bombay Vs Tasgaon Taluka S.S.K.Ltd. (Supreme Court of India)

C.I.T. Bombay Vs Tasgaon Taluka S.S.K.Ltd. (Supreme Court of India) Conclusion: AO was directed while determining sugarcane purchase price paid to the cane growers by the assessee-society to take into account the manner in which the business works, the modalities and manner in which SAP/additional purchase price/final price were decided a...

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General overhead expenses on mall that was work-in-progress to be allowed as per AS-2

M/s Hagwood Commercial Developers Pvt. Ltd Vs ACIT (ITAT Mumbai)

M/s. Hagwood Commercial Developers Pvt. Ltd Vs ACIT (ITAT Mumbai) Conclusion: Since assessee had set up the business by acquiring land and obtaining approval for construction of mall and residential complex although the mall had not commenced business till the end of the relevant previous year, therefore, assessee had rightly charged the ...

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Transfer of a portion of land in lieu of built-up area on retained land vid JDA was transfer u/s 2(47)(v)

Udai Hospitals Private Ltd Vs ITO (ITAT Hyderabad)

By virtue of JDA, assessee was parting with a portion of its land and in consideration thereof, was receiving built-up area on the land retained by it which was a transfer within the meaning of section 2(47)(v) however, AO was directed to re-compute the capital gain again by considering only elements which were necessary for the construc...

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No GST exemption to IMS Proschool on services not in relation to NSDC programme

In re IMS Proschool Pvt. Ltd. (AAAR Maharashtra)

In re IMS Proschool Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld  the ruling given by the Advance Ruling Authority by observing  that since they are not providing any services in relation to the NSDC programme implemented by the NSDC, they are not eligible for the  exemption provided in the entry [...

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Online filing of MEIS applications in respect of SEZ shipping bills

Trade Notice No. 51/2018-2019-DGFT (29/03/2019)

Online filing, processing and system based approval of MEIS applications in respect of SEZ shipping bills- The Directorate has been on regular basis taking measures to simplify the implementation of the FTP Schemes by establishing processes which are smooth, free from manual interface and are quick and efficient. ...

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CBIC offices to remain open on 30th & 31st March, 2019 (Saturday & Sunday)

F .No. 296/15/2019-CX-9 (29/03/2019)

As per past practice, all field offices of CBIC will remain open during the last weekend of the current financial year also i.e. 30.03.2019 and 31.03.2019 for assisting the taxpayers in all matters. All officers/officials of CBIC may attend office as per normal working hours....

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UTGST: CBIC amends new GST Composition Scheme rules related to ITC

Notification No. 09/2019-Union Territory Tax (Rate) [G.S.R.269(E).] (29/03/2019)

Notification No. 09/2019-Union Territory Tax (Rate)-  Seeks to amend notification No. 02/2019- Union Territory Tax (Rate) so as to provide for application of Composition rules to persons opting to pay tax under notification no. 2/2019- Union Territory Tax (Rate). Government of India Ministry of Finance (Department of Revenue) Notificatio...

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UTGST rate on supply of goods for real estate sector under RCM by unregistered person

Notification No. 08/2019-Union Territory Tax (Rate) [G.S.R.267(E).] (29/03/2019)

Notification No. 08/2019-Union Territory Tax (Rate)- Seeks to amend notification No. 1/2017- Union Territory Tax (Rate) so as to notify UTGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 08/2019-Union Territor...

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UTGST on real estate sector under RCM on supply from unregistered supplier

Notification No. 07/2019-Union Territory Tax (Rate) [G.S.R. 266(E).] (29/03/2019)

Notification No. 07/2019-Union Territory Tax (Rate)- Seeks to notify certain services to be taxed under RCM under section 7(4) of UTGST Act as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 07/2019-Union Territory Tax (Rate) New Delhi, ...

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CBIC notifies person liable to pay UTGST on development rights, FSI etc

Notification No. 06/2019-Union Territory Tax (Rate) [G.S.R.265(E).] (29/03/2019)

Notification No. 06/2019-Union Territory Tax (Rate) – Seeks to notify certain class of persons by exercising powers conferred under section 148 of CGST Act, 2017. Government of India Ministry of Finance (Department of Revenue) Notification No. 06/2019-Union Territory Tax (Rate) New Delhi, the 29th March, 2019 G.S.R.265(E).– In...

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Real estate Services taxable under RCM wef 01.04.2019

Notification No. 05/2019-Union Territory Tax (Rate) [GSR.264(E).] (29/03/2019)

Notification No. 05/2019-Union Territory Tax (Rate) –  Seeks to amend notification No. 13/2017- Union Territory Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue...

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UTGST on Real Estate Sector- CBIC exempt certain services

Notification No. 04/2019-Union Territory Tax (Rate) [G.S.R.263(E).] (29/03/2019)

Notification No. 04/2019-Union Territory Tax (Rate) – Seeks to amend notification No. 12/2017- Union Territory Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 04/2019-Union Territory T...

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Procedure to apply for Scheme for Rebate of State and Central Levies and Taxes

Public Notice No. 83/2015-2020-DGFT (29/03/2019)

Addition of provisions under the Handbook of Procedures for implementation of the Scheme for Rebate of State and Central Taxes and Levies, as notified by the Ministry of Textiles for issuance of scrip for RoSCTL under a MEIS type mechanism...

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UTGST rates on real estate sector services wef 01.04.2019

Notification No. 03/2019-Union Territory Tax (Rate) [G.S.R.262(E).] (29/03/2019)

Notification No. 03/2019-Union Territory Tax (Rate)- Seeks to amend notification No. 12/2017- Union Territory Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council for real estate sector. Also Read- CORRIGENDUM to Notification No. 03/2019-Union Territory Tax (Rate) Dated 29th March, 2019 Government o...

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Procedure / ANF to avail Transport & Marketing Assistance for Specified Agriculture Productions

Public Notice No. 82/2015-2020-DGFT (29/03/2019)

Procedure and Aayat Niryat Form to avail Transport and Marketing Assistance (TMA) for Specified Agriculture Products e notified ....

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Applicability of para 5.10(c) of HBP 2015-20 on third party exports

Policy Circular No. 22/2015-2020-DGFT (29/03/2019)

This Directorate has received references from the trade and RAs seeking clarification regarding the applicability of para 5.10(c) of HBP 2015-20 on third party exports. The matter has been examined in consultation with the Department of Revenue....

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SEBI (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2019

Notification No. SEBI/LAD-NRO/GN/2019/05 (29/03/2019)

Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2019 shall come into force on the date of their publication in the Official Gazette....

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Anti-Dumping Duty investigation: Saccharin import from Indonesia

Notification F. No. 6/13/2018-DGAD (29/03/2019)

Anti-Dumping Duty investigation concerning imports of Saccharin originating in or exported from Indonesia. Saccharin is a non-nutritive sweetener and considered to be a low calorie substitute for cane sugar....

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IGST rate on supply of goods for real estate sector under RCM by unregistered dealer

Notification No. 08/2019- Integrated Tax (Rate) (29/03/2019)

Notification No. 08/2019- Integrated Tax (Rate)– Seeks to amend notification No. 1/2017- Integrated Tax (Rate) so as to notify IGST rate of certain goods as recommended by Goods and Services Tax Council for real estate.  Government of India Ministry of Finance (Department of Revenue) Notification No. 08/2019- Integrated Tax (Rate) ...

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IGST on real estate sector under RCM on supply from unregistered supplier

Notification No. 07/2019-Integrated Tax (Rate) (29/03/2019)

Notification No. 07/2019- Integrated Tax (Rate)– Seeks to notify certain services to be taxed under RCM under section 5(4) of IGST Act as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 07/2019- Integrated Tax (Rate) New Delhi, the...

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CBIC notifies person liable to pay IGST on development rights, FSI etc

Notification No. 06/2019-Integrated Tax (Rate) (29/03/2019)

Notification No. 06/2019-Integrated Tax (Rate)– Seeks to notify certain class of persons by exercising powers conferred under section 148 of CGST Act, 2017. Government of India Ministry of Finance (Department of Revenue) Notification No. 06/2019-Integrated Tax (Rate) New Delhi, the 29th March, 2019 G.S.R (E).- In exercise of the po...

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IGST: CBIC notifies Services taxable under RCM of real estate sector

Notification No. 05/2019- Integrated Tax (Rate) (29/03/2019)

Seeks to amend notification No. 10/2017- Integrated Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 05/2019- Integrated Tax (Rate) New Delhi, the 29...

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IGST on Real Estate Sector- CBIC exempt certain services

Notification No. 04/2019- Integrated Tax (Rate) (29/03/2019)

Notification No. 04/2019- Integrated Tax (Rate)– Seeks to amend notification No. 9/2017- Integrated Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council for real estate sector Government of India Ministry of Finance (Department of Revenue) Notification No. 04/2019-Integrated Tax (Rate) New Del...

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IGST rates on real estate sector services wef 01.04.2019

Notification No. 03/2019- Integrated Tax (Rate) [G.S.R. 256(E).] (29/03/2019)

Notification No. 03/2019- Integrated Tax (Rate)– Seeks to amend notification No. 8/2017- Integrated Tax (Rate) so as to notify IGST rates of various services as recommended by Goods and Services Tax Council for real estate sector. Also Read- CORRIGENDUM to Notification No. 03/2019-Integrated Tax (Rate) Dated 29th March, 2019 Governm...

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CBIC amends new GST Composition Scheme rules related to ITC

Notification No. 9/2019-Central Tax (Rate) [G.S.R. 268(E).] (29/03/2019)

Notification No. 9/2019-Central Tax (Rate)- Seeks to amend notification No. 02/2019- Central Tax (Rate) so as to provide for application of Composition rules to persons opting to pay tax under notification no. 2/2019- Central Tax (Rate). Government of India Ministry of Finance (Department of Revenue) Notification No. 9/2019-Central Tax (R...

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GST rate on supply of goods for real estate sector under RCM by unregistered person

Notification No. 08/2019-Central Tax (Rate) (29/03/2019)

Notification No. 08/2019-Central Tax (Rate)– Seeks to amend notification No. 1/2017- Central Tax (Rate) so as to notify CGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 08/2019-Central Tax (Rate) New De...

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GST on real estate sector under RCM on supply of goods or services from unregistered supplier

Notification No. 07/2019-Central Tax (Rate) [G.S.R. 254(E).] (29/03/2019)

Notification No. 07/2019-Central Tax (Rate) – Seeks to notify certain services to be taxed under RCM under section 9(4) of CGST Act as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 07/2019-Central Tax (Rate) New Delhi, the 29th ...

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CBIC notifies person liable to pay GST on development rights, FSI etc

Notification No. 06/2019-Central Tax (Rate) (29/03/2019)

CBIC hereby notifies the following classes of registered persons, namely:-(i) a promoter who receives development rights or Floor Space Index (FSI) (including additional FSI) on or after 1st April, 2019 for construction of a project against consideration payable or paid by him, wholly or partly, in the form of construction service of comm...

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CBIC notifies Services to be taxed under RCM of real estate sector

Notification No. 05/2019- Central Tax (Rate) [G.S.R. 252(E).] (29/03/2019)

Notification No. 05/2019- Central Tax (Rate)– Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No....

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GST on Real Estate Sector- CBIC exempt certain services

Notification No. 04/2019-Central Tax (Rate) (29/03/2019)

Notification No. 04/2019- Central Tax (Rate)– Seeks to amend notification No. 12/2017- Central Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council for real estate sector. Government of India Ministry of Finance (Department of Revenue) Notification No. 04/2019-Central Tax (Rate) New Delhi, the...

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GST rates on real estate sector services wef 01.04.2019

Notification No. 03/2019-Central Tax (Rate) [G.S.R.250(E).] (29/03/2019)

Notification No. 03/2019-Central Tax (Rate)– Seeks to amend notification No. 11/2017- Central Tax (Rate) so as to notify CGST rates of various services as recommended by Goods and Services Tax Council for real estate sector. Also Read- CORRIGENDUM to Notification No. 03/2019-Central Tax (Rate) Dated 29th March, 2019 Government of In...

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Addition of provision related to Scheme for RoSCTL notified by Textile Ministry

Notification No: 59/2015-2020-DGFT [S.O. 1484(E)] (23/03/2019)

A new sub para has been inserted in the Foreign Trade Policy to give effect to the Ministry of Textiles Notification No. 14/26/2016-IT ( Vol II) dated 07.03.2019 regarding the Scheme for Rebate of State and Central Taxes and Levies...

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SEBI (Substantial Acquisition of Shares and Takeovers) (Amendment) Regulations, 2019

Notification No. SEBI/LAD-NRO/GN/2019/06 (29/03/2019)

Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) (Amendment) Regulations, 2019 shall come into force on the date of their publication in Official Gazette....

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Transport & Marketing Assistance for Specified Agriculture Products

Notification No. 58/2015-2020-DGFT [S.O1483(E)] (29/03/2019)

A new chapter 7(A) is added in Foreign Trade Policy, 2015-2020 and the scheme titled ‘Transport and Marketing Assistance (TMA) for Specified Agriculture Products’ as notified vide DoC’s Notification No. 17/2018-EP (Agri.IV) dated 27.2.2019 is incorporated therein. GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEP...

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Notification No. 27/2019-Customs (N.T.) Dated 29th March, 2019

Notification No. 27/2019-Customs (N.T.) [S.O. 1482(E)] (29/03/2019)

Tariff Notification No. 27/2019-CUSTOMS (N.T.) in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver- Reg Government of India Ministry of Finance (Department of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 27/2019-CUSTOMS (N.T.) New Delhi, 29th March, 2019 S....

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Anti-dumping duty on Ethylene Vinyl Acetate sheet for Solar Module

Notification No. 15/2019-Customs (ADD) (29/03/2019)

NOTIFICATION No. 15/2019-Customs (ADD)– Seeks to impose definitive anti-dumping duty on ‘Ethylene Vinyl Acetate (EVA) sheet for Solar Module’, originating in or exported from China PR, Malaysia, Saudi Arabia and Thailand GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NOTIFICATION No. 15/2019-Customs (ADD...

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Tax Recovery to achieve Recovery Targets should be only after following due process of law

We have noted the internal instruction No. F.NO. D.01380/02/2018-IT(B) Dt. 26th March, 2019 issued by Member, CBDT and Special Secretary to Government of India, Instructing all Pr. CITs across India to take all possible actions with respect to recovery of arrears and current demand to achieve shortfall of 14.9% in the targeted revenue col...

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Posted Under: Income Tax |

CBIC postpone increased customs duty on specified imports from USA

Notification No. 11/2019-Customs [G.S.R. 247(E)] (29/03/2019)

Notification No. 11/2019-Customs – Amend notification No. 50/2017-customs dated 30th June 2017 to postpone the implementation of increased customs duty on specified imports originating in USA from 1st April, 2019 to 2nd May, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 11/2019-Customs New De...

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Due date extension of Return of Job Work in Form GST ITC-04

The last date to furnish Return for Job Work of the period July 2017 to December 2018 was extended to 31st March, 2019 vide CBIC Notification No 78/2018-Central Tax dated 31st December 2018. Now, the Central Board of Indirect Taxes and Customs (CBIC) has by issue of Notification No 15/2019 dated 28th March 2019, further […]...

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Posted Under: Income Tax |

Determination of UTGST ITC based on construction area

Order No. 3/2019-Union Territory Tax [S.O. 1493(E)] (29/03/2019)

Union Territory Goods and Services Tax (Removal of Difficulties) Order, 2019- To remove difficulty in case of supply of services covered by clause (b) of paragraph 5 of Schedule II of the CGST Act, 2017 Government of India Ministry of Finance (Department of Revenue) New Delhi, the 29th March, 2019 The Union Territory Goods and […]...

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Determination of GST Input tax credit based on construction area

Order No. 04/2019-Central Tax [S.O. 1492(E)] (29/03/2019)

Amount of credit attributable to the taxable supplies including zero rated supplies and exempt supplies shall be determined on the basis of the area of the construction of the complex, building, civil structure or a part thereof, which is taxable and the area which is exempt....

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CBIC identifies mismatch of Rs. 12 Lakh Crores in Service Tax & ITR

D.0. F. No. IV(20/3/2015-Systems Pt.1 (29/03/2019)

There is a considerable gap between the turnover on account of services as per the ITR/TDS data and the value of services declared in the corresponding Service Tax returns (above threshold of Rs. 1o lakhs). For FY 2015-16 alone, the mismatch is to the tune of of approx. Rs. 12 Lakh Crores. ...

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Builder Guilty of not passing benefit of ITC to purchasers of flats: NAA

Mr. Vivek Gupta Vs M/s Gurukripa Developers & Infrastructures Pvt. Ltd. (National Anti-Profiteering Authority)

It is evident from the above that the Respondent has denied benefit of ITC to the Applicants as well as the rest 64 purchasers of flats in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has thus realized more price from them than what he was entitled to charge and has also compelled them to pay more GST than ...

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12% GST payable on Work Contract Services pertaining to railways

In re M/s. Shree Construction (GST AAAR Maharashtra)

In re M/s. Shree Construction (GST AAAR Maharashtra) The Advance Ruling Authority upheld the order passed by the Advance Ruling Authority, by observing that the any works contract pertaining to the railways, carried out by the main contractor or its sub-contractors are eligible for the concessional rate of 12% GST in terms of the provisio...

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Analysis of Section 44AD and Practical Cases

Analysis of Section 44AD Along with Apposite Provisions Of Income Tax Law And Practical Cases In this article, author will try to clarify the haze amidst different opinions and interpretations of the Section 44AD and apposite provisions of Income Tax law. This article will mainly focus on the throbbing aspects concerning provisions of Sec...

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Posted Under: Income Tax |

Goods and Service Tax – Meaning of Basic Terms

GST: It is a destination based tax on consumption of goods and services. It is proposed to be levied at all stages right from manufacture up to final consumption with credit of taxes paid at previous stages available as setoff. In a nutshell, only value addition will be taxed and burden of tax is to […]...

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Posted Under: Income Tax |

General Income Tax Provisions in One page

It Contains Provisions in brief related to Return Due Date u/sec 139(1), Important Prescribed Forms under Income Tax Rules 1962, Current Rates for the Tax Deduction at Source, Provisions related to Cash loan/Deposit, Section 40(b):- Remuneration to Partner Business / Profession, Provision related to Cash Payment U/s. 40A(3), Tax Audit Pro...

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Posted Under: Income Tax |

Income Tax Appeals and Revisions in brief

Articles gives a brief Comparative chart on Income Tax Appeals with CIT, ITAT, High Court and Supreme Court with relevant Section, time limit to file appeal, appeal filing fees, Who can sign the appeal, Time limit for disposal of Appeal, Orders against which appeal can be made, Important Section under Assessment and Important Section unde...

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Posted Under: Income Tax |

Income Tax Return and Assessment Procedure

Article explains various Types of Income Tax Return and Assessment Procedure. It Includes Voluntary Income Tax Return U/s. 139(1), Income Tax Return of Loss U/s. 139(3), Belated Income Tax Return U/s. 139(4), Revised Income Tax Return U/s. 139(5) and Defective Income Tax Return U/s. 139(9). Article gives Comparative Analysis of Different ...

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Posted Under: Income Tax |

Changes in GST with effect from 1st April 2019

With the beginning of the new financial year of 2019-2020 CBIC has issued various notifications to give effect to the recommendations made during 32nd GST Council meeting, held on 10 January 2019, the said notifications have been issued to give relief to MSME sector like increase in threshold limit for registration, concessional rate of t...

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Posted Under: Income Tax |

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