"11 May 2019" Archive

GST on Real Estate: Time for Builders & Officials to Enrich Gracefully

Recent Changes in Real Estate Confusions Galore – Common Man @ Mercy Opportune Time for Builders & Officials to Enrich Gracefully In the recent times there are Headline News and Flashes in many Electronic Media about GST rate slash to just 1% & 5% from as high as 8% & 12%. It might have enthused […]...

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GST Enforcement Case Proceedings- How to Respond

A. FAQs on Accessing and Responding to Communications Received as part of Enforcement Case Proceedings General 1. What are Enforcement Case Proceedings? The entire gamut of actions undertaken by tax officials to curb tax evasion is generally referred as ‘Enforcement’. The process mainly involves steps such as gathering intelligence ab...

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How to View and Download GST Accounting and Billing Software

FAQs on View and Download Accounting and Billing Software Q. 1. What is Accounting and Billing Software on the GST Portal? Ans. Accounting and Billing Software download functionality is made available for the Micro, Small and Medium Enterprises (MSMEs) having turnover less than Rs. 1.5 crores. This software allows a taxpayer to run his da...

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NAA found Builder guilty of not passing of additional ITC benefit

Ms. Pallavi Gulati and Sh. Abhimanyu Gulati Vs M/s Puri Constructions Pvt. Ltd. (National Anti-Profiteering Authority)

The issue that needs to be dwelled upon is as to whether there was a case of not passing on of the benefit of ITC and whether the provisions of Section 171 of CGST Act, 2017 are attracted in the present case....

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Domicile and Apostille

Let me take the pleasure of briefing all the readers about the two terms Domicile and Apostille. Domicile Domicile is the country in which a person is said to have his permanent residence. In terms of domicile, residence does not relate to the physical aspect of maintaining a house or residence. It more so relates […]...

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 Extension of time for Special audit by AO on Suo moto basis

CIT Vs. Ram Kishan Dass (Supreme Court)

CIT Vs. Ram Kishan Dass (Supreme Court) Facts of the case Revenue is in appeal against Delhi High Court order holding that proviso to section 142(2C) authorizing AO to extend the time limit suo moto w.e.f. 01-04-2008 is prospective in nature and therefore AO can extend time for special audit on application of assessee and not […]...

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Disallowance of Contribution of PF, ESIC etc u/s 36(1)(va) – A Comparative Study between Section 36(1)(va) Vs. Section 43-B

Section 36(1)(va) Vs. Section 43-B If the assessee fails to deposit the PF, ESIC etc Contribution before the due dates as per the respective Acts. Effect of Section 43B on unpaid liability towards contributions to any provident fund or superannuation fund or any fund set up under the provisions of the Employees’ State Insurance Act,...

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No profiteering if no increase in per unit base price post tax reduction

State Leval Screening Committee on Anti-Profiteering Vs M/s Mak Plywood Industries Pvt. Ltd. (National Anti-Profiteering Authority)

It is apparent that the Respondent did not increase the per unit base price (excluding GST) of the product, which was Rs. 1028.07 in the pre-GST era. Further, it was reduced to Rs. 1021.73 in the post-GST era w.e.f 01.07.2017 and it also remained at Rs. 1021.73 when the GST rate was reduced from 28% to 18% w.e.f 15.11.2017 and hence, ther...

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Non reduction in price despite tax reduction is profiteering: NAA

Kerala State Screening Committee on Anti-Profiteering Vs Ms TTK Prestige Ltd (National Anti-Profiteering Authority)

The Respondent's submissions that the price of the product was not increased at the time of introduction of GST when the rate of tax was increased to 28% and hence the question of reducing the prices when the rate of tax was decreased from 28% to 18% does not arise is legally not sustainable in as much as Section 171 of the CGST Act, 2017...

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Supply of Energy Efficient Street Lighting services to Municipality is supply of goods

In re Super Wealth Financial Enterprises Private Ltd. (GST AAAR Odisha)

In re Super Wealth Financial Enterprises Private Ltd. (GST AAAR Odisha) The appellant sought the rulings seeking their eligibility to exemption in terms of entry sl no 3 of Notification no 12/2017-Central Tax (Rate) dated 28-06-2017, which has been extended to Pure services (excluding works contract service or other composite supplies inv...

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