"10 June 2019" Archive

Practical Solution for Issues in ITC Reporting in GSTR-9

GST law was supposed to Simply the Indirect Tax Practice & Compliance thereof. But the same seems to be nightmare. Annual GSTR 9 format introduced by GST Authorities has lot of complications being faced by Taxpayers & Tax Professionals. Government has recently given clarification on some issues, but a lot of clarifications are sti...

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Due date of various GST Returns and applicability

We know that GST has been implemented in India w.e.f 01.07.2017. In GST various types of returns are required to be filed. These returns are required to be filed on monthly, quarterly, annual as well as on one time basis depending upon the occurrence of some events (like transitional forms, ITC returns etc). Below table […]...

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GST AUDIT: GSTR-9C -Analysis of Point No. 5A to 5O

POINT NO. 5  OF  FORM  GSTR 9C (CLAUSE WISE) – SHORT ANALYSIS 5A – Turnover (including exports) as per audited financial statements for the State / UT (For multi-GSTIN units under same PAN the turnover shall be derived from the audited Annual Financial Statement) The turnover as per the audited Annual Financial Statement shall ...

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DPT 3 – One Time Return & Annual Return- Comprehensive analysis

Rule 16: Return of deposits to be filed with the Registrar: an annual return in Form DPT-3 shall be filed as return of deposit or particulars of transaction not considered as deposit or both and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company....

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Reg. Anti-dumping duty till 24.06.2019, on imports of “Paracetamol”

Notification No. 22/2019-Customs (ADD) (10/06/2019)

Seeks to extend levy of anti-dumping duty till 24.06.2019, on imports of ‘Paracetamol’ originating in or exported from china PR, imposed vide notification No. 39/2018 Customs (ADD), dated the 20th August, 2018,in pursuance order of Hon’ble High Court of Gujarat in the matter of SCA 5278/2019. MINISTRY OF FINANCE (Departm...

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Post Incorporation Compliance: A Story

We all know that doing business in India through a Private Limited Company has its own advantages (i.e. Limited Liability, the preferred structure for FDI, share capital-based ownership) as secured by the law in force viz. Companies Act, 2013. But before deciding that we should opt for Private Limited Company to carry out business it [&he...

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Self-occupied property cannot enter into block of depreciable asset

Mr. Sonu Nigam Namah Vs ACIT (ITAT Mumbai)

Further it is the claim of the assessee that subsequent to the sale of flat on which depreciation was claimed assessee has purchased a flat the income from which has been offered under the income from house property and that the new flat enters into the block of asset irrespective of the use. When the income from the new flat is being off...

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Suggestions to consider for Budget 2019 implementation on Taxation

It is admirable that the erstwhile Finance Minister has brought down corporate taxes to 25% plus 4% cess in the First innings of the Government as promised. However, there are many taxes apart like the Dividend Distribution Taxes 20.56% effectively, Taxes on Dividend above 10 lakhs in Individual hands @ 10%. In effect its cumulative effec...

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Sham Transactions under the garb of Donation not allowable

Shri Bansilal Bagri Vs DCIT (ITAT Chennai)

Shri Bansilal Bagri Vs DCIT (ITAT Chennai) This is the transaction arranged in such a way that the accommodation entries were made at several entities level and ultimately the money came back to the assessee. Herbicure Healthcare Bio-Herbal Research Foundation of Kolkata involved in the fraudulent and sham transactions, providing accommod...

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ITAT Member Selection Board can evolve its own procedure

Puneet Sharma Vs Union of India & Ors. (Delhi High Court)

Puneet Sharma Vs Union of India & Ors. (Delhi High Court) 649 applications were received by Department of Legal Affairs’ circular dated 06th July, 2018 for 37 members (Judicial/Accountant) in ITAT. Considering the huge number of applications received for the above-mentioned posts, the interim Search-cum-Selection Committee deem...

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February 2021