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Archive: June, 2019

Posts in June, 2019

Anti-Profiteering not established when No ITC was available: NAA

June 28, 2019 1008 Views 0 comment Print

Shri Ramesh Kumar Yadav Vs M/s Vatika Ltd. (National Anti-Profiteering Authority) The contentions of Applicant No. 1 mainly stress upon the fact that the construction was not completed before the GST had come into force and the payment was made by him in the GST regime along with GST. He had also alleged that the […]

Invoices reported in Form GSTR 1 of FY 2017-18 cannot be amended

June 28, 2019 46614 Views 19 comments Print

Taxpayers could have amended their invoices, reported in Form GSTR 1, pertaining to the financial year 2017-18, till the due date of filing of Form GSTR 1 of March, 2019. Since, due date of filing of Form GSTR 1, for the month of March, 2019 has already passed, no amendments in invoices reported in Form GSTR 1 pertaining to the financial year 2017-18, could be made now.

Pre Arrest Protection: Lessons from Decision in P.V. Ramana Reddy

June 28, 2019 12282 Views 1 comment Print

Celebrated case of P.V. Ramana Reddy decided by Telangana High Court on 18-04-2019 has been left unperturbed by Supreme Court in [2019] 106 taxmann.com 301 (SC) and pronounced on 27-05-2019. In Sapna Jain & Ors also, Supreme Court has advised that High Courts while entertaining pre arrest petitions will Keep in mind the order of […]

Maharashtra Tax Laws (Second Amendment and Validation) Bill, 2019

June 28, 2019 900 Views 0 comment Print

The Maharashtra Value Added Tax Act, 2002 is being amended,— (a) to enable grant of refunds or determination of net tax payable, in respect of those dealers, who are being assessed under section 23(5) of the said Act, after adjusting amount of refund claimed in the returns or mentioned in the audit report ;

Builder entitled to opt for paying GST @8%: NAA

June 28, 2019 1980 Views 0 comment Print

Shri Arjun Kumar Parwani Vs M/s. Signature Builders Pvt. Ltd. (National Anti-Profiteering Authority) On the basis of the facts of the present case it is clear that there had been no additional benefit of ITC to the Respondent and hence he is not required to pass on its benefit. The above Applicant has also quoted […]

Hurrah! GST audit due date extended to 31st August 2019

June 27, 2019 8277 Views 1 comment Print

It was recommended to extend the due date of furnishing of FORM GSTR-9, FORM GSTR-9A, and FORM GSTR-9C due to difficulties being faced by taxpayers in furnishing the annual returns till 31.08.2019. Official notification would be released soon. This recommendation was much needed by the trade and industry.

Draft Central Goods and Services Tax (Fourth Amendment) Rules, 2019

June 27, 2019 1155 Views 0 comment Print

Draft Central Goods and Services Tax (Fourth Amendment) Rules, 2019 shall come into force on the date of their publication in the official gazette. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Draft Notification No. _/2019 – Central Tax New Delhi, the __ June, 2019 G.S.R (E). […]

Compounding of Offences under FEMA

June 27, 2019 47955 Views 0 comment Print

With the plethora of the laws and ever changing corporate milieu, people often end up contravening the various provisions of law. Therefore the GoI has provided for the compounding of offences under FEMA, whereby a person can voluntarily accept the contravention and apply for the compounding of offence, seeking redresal without going through the lengthy […]

Issue of Sweat Equity Shares

June 27, 2019 59598 Views 1 comment Print

What are Sweat Equity Shares? ‘Sweat equity shares’ are such equity shares, which are issued by a Company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called. Sweat […]

Conversion of One Person Company to Private Limited Company

June 27, 2019 4803 Views 0 comment Print

The conversion of an OPC- One Person Company into Private Limited Company as per Section 18 of the Companies Act, 2013 and the provisions of Companies (Incorporation) Rules of 2014 should be discharged by a newly formed Private Limited Company. These rules will not affect the existing debts, liabilities, obligations or contracts of the OPC. […]

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