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Archive: 07 August 2019

Posts in 07 August 2019

Analysis of CGST (Fifth Amendment) Rules 2019

August 7, 2019 10122 Views 0 comment Print

Analysis of the Provisions of Goods and Services Tax (GST) vis-à-vis Central Goods and Services Tax (Fifth Amendment) Rules 2019 Introduction Goods and Services Tax department has recently issued two notifications regarding various amendments proposed in the existing GST laws. The revised rules stated in the Notification No. 33/2019–Central Tax dated 18th July 2019 & […]

Companies should disclose material events promptly & ensure that they are available in public domain: SAT

August 7, 2019 3105 Views 0 comment Print

M/s New Delhi Television Limited Vs SEBI (SAT Mumbai) SAT upheld the order of SEBI penalising the Company and its Directors for non- disclosure of tax demand on the grounds that any information which have effect on the operations of the Company is price sensitive and must be disclosed immediately to the Stock exchange. However, […]

Addition U/s. 2(22)(e) not sustainable if transaction is not of loan or advance

August 7, 2019 1833 Views 0 comment Print

Shravan Choudhary Vs ACIT (ITAT Jaipur) If the transaction is a business transaction between the parties then the amount received under the said transaction cannot be held as loan or advance to be treated as deemed dividend under section 2(22)(e) of the Act. The assessee explained the facts regarding the loan given by the assessee […]

GST: Power of arrest to be exercised with lot of care and circumspection

August 7, 2019 1020 Views 0 comment Print

Gujarat High Court has reiterated that the power to arrest under Section 69 of the Central GST Act is to be exercised with lot of care and circumspection and that prosecution should normally be launched only after completion of adjudication. The Court directed that no coercive steps of arrest against the writ petitioner should be taken.

Input Tax Credit – ITC

August 7, 2019 17130 Views 8 comments Print

At every stage of the supply chain, the buyer of the goods or service gets credit for the input tax paid, and he can use it to offset the GST payable on the output which is required to be paid to the Centre and State governments. To understand this Input Tax Credit concept better, let’s take the help of an illustration of a company called XYZ Ltd which sells custom-made tyres.

Treatment of Write Back Amount in GST Era

August 7, 2019 108489 Views 13 comments Print

Background:  The taxpayers may have long outstanding the creditors whose dues are not paid. The non-payment of dues may be on account of many business decisions. As per prudent accounting policies, the long outstanding dues are reviewed periodically and written back (credited to profit & loss account) in the books of accounts. Write back arises […]

Sustainability of The Growth

August 7, 2019 570 Views 0 comment Print

India has slipped to seventh position in the global GDP rankings in 2018 mainly on account of currency fluctuation and slow down in the growth, but India still remains the fastest-growing major economy in the world, although growth is estimated to slow to 7% in the current fiscal year that ends in March. China is […]

HC slams Sales Tax Dept. for recovering tax in Extortion Manner

August 7, 2019 2436 Views 0 comment Print

Ms Anusura Vs Mohit A Gupta (Gujarat High Court) Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are of the view that the action on the part of the concerned authorities could be termed as absolutely high-handed and arbitrary. The facts of this case speak for themselves. […]

Disclosure of reasons for encumbrance by promoter of listed companies

August 7, 2019 4440 Views 0 comment Print

The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds:

Assessee fails to explain source of such Cash Deposits- Section 68 Additions justified

August 7, 2019 2829 Views 0 comment Print

In view of the above mentioned parameters, ITAT found that the appellant has not been able to discharge even the basic onus to prove the genuineness of cash credits in his bank accounts. Therefore, in their considered view when the existence of the source of such cash deposits is not proven then the A.0 is fully justified in treating such cash deposits as unexplained and liable to be taxed.

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