ARTICLE 370 & 35 A (can it be repealed?) As tensions gone up in Jammu and Kashmir, Union Home Minister Amit Shah moved proposal to remove Article 370 in the Rajya Sabha on Monday. The revocation of Article 370 was announced by Home Minister Amit Shah in the Upper House of Parliament today, ending 70 years of stated policy […]
In India we often hear in news about the applicability of Section 144 at different parts of the country in case of riots or strikes or vase public processions. When and why the government tends to invoke this section? Does it infringe any fundamental rights? Who has the power to apply section 144? And who all are […]
Since the delivery of the notice of reassessment could not be made at the address of assessee available in PAN database, by virtue of the further proviso to sub-rule (2) of Rule 127, the communication had to be delivered at the address as available with the banking company however, no such steps were taken, therefore, service of notice was not complete and reopening of assessment was invalid.
Lapse of unutilised input tax credit on account of inverted duty rate structure unlawful as held by Hon’ble Gujarat High Court in the case of Shabnam Petrofils Pvt. Ltd Vs Union of India. Legal Provisions Section 54(3) of CGST Act, 2017 provides for refund of unutilised input tax credit in following 2 circumstances Zero rated […]
As you are aware, the last date for tiling the annual return and the reconciliation statements in FORM GSTR-9, FORM GSTR-9A and FORM GSTR-9C is 31.08.2019. However the available data shows that till 31st August 2019 only 14,85,863 GSTR-9 returns have been filed while all non-composition taxpayers are required to file the said annual return. The status of filing of GSTR-9A at 4,33,148 and GSTR-9C at 11,334 is also sub-optimal.
Since the title in goods passed from foreign suppliers to assessee outside India at the port of shipment and AO failed to show as to how income of foreign parties was chargeable to tax in India, therefore, no income had accrued to foreign parties in India in terms of section 5 and section 9, therefore, section 195 did not apply to payments.
