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Archive: September, 2019

Posts in September, 2019

Order passed by ARA is void ab-initio if obtained by fraud/suppression/misrepresentation

September 9, 2019 3423 Views 0 comment Print

In re Asstt. Commr. of SGST (D-819) Vs. Arihant Enterprises (GST AAAR Maharashtra) Sec. 98(2) provides that the application shall not be admitted where the question raised is already pending under any of the provisions of this act. The term ‘any of the provisions of this act’ includes investigations proceeding under section 67. It is […]

RBI Master Circular: Disbursement of Government Pension by Agency Banks

September 9, 2019 1665 Views 0 comment Print

Reserve Bank Of India RBI/2019-20/57 DGBA.GBD.No.521/31.02.007/2019-20 September 9, 2019 All Agency Banks Dear Sir/Madam Master Circular – Disbursement of Government Pension by Agency Banks Please refer to our Master Circular RBI/2018-19/1 dated July 2, 2018 on the above subject. We have now revised and updated the Master Circular which consolidates important instructions on the subject issued by […]

SAT quashes SEBI’s ban on an international professional services firm

September 9, 2019 2296 Views 0 comment Print

Price Waterhouse & Co. Bangalore LLP & Ors. Vs SEBI (SAT Mumbai) SAT Held that Order of Whole Time Member (WTM) of SEBI debarring the PW firms to audit listed company on the ground of PW network or projecting it as a PW brand cannot be sustained. There is no doubt that there has been […]

ITC- Interesting Tax Confusions

September 8, 2019 41985 Views 19 comments Print

1. ITC is available only if the supplier has deposited it with the Government:2. ITC is not available in respect of goods/ services used for construction of immovable property 3. ITC cannot be availed once the due date of submitting GSTR 3B of September of the next financial year is over 4. ITC is not available in respect of motor car 5. ITC is not available in respect of food and beverages: Composite supply

Section 10(23C)(vi) Exemption cannot be denied to Assessee running school for educational purposes

September 8, 2019 7299 Views 0 comment Print

M/s Ram Lal Bhasin Public School Vs CIT (ITAT Amritsar) For claiming exemption u/s 10(23C)(iiiad) of the Act, the entity must be an University or other educational institute existing solely for educational purpose and not of the purposes of profit. In the present case it is not in dispute that the assessee is a school […]

Penalty cannot be levied for mere disallowance of claim of deduction u/s 54

September 8, 2019 2466 Views 0 comment Print

ITO Vs Shri Kantilal G. Kotecha (ITAT Mumbai) We find that with regard to claim of deduction u/s 54 of the Act, this tribunal in quantum proceedings had granted deduction u/s 54 of the Act to the extent of payments made within the prescribed limitation period i.e payments made within one year prior to the […]

Study Startegy For CA Final Group 2 Old Syallabus Students

September 8, 2019 16182 Views 6 comments Print

To begin with I would Like to Thank all for Appreciating my previous article ‘Strategy for Group 1 Old Syllabus‘ and requesting for Group 2 Strategy as well. So here I am sharing a Strategy for Group 2 which I followed and I believe this will help you as well. I would like to begin […]

GST on Interest, Penalty, Delayed Charges Collected from Customer

September 8, 2019 145770 Views 15 comments Print

It is regular business practice to recover interest or some charges penal in nature for recovery of dues from the customer. This article covers GST implication on following type of transactions viz., a) Recovery of penal interest by NBFCs, Banks and other lenders from the borrower on account of default in payments of due instalments of loan.

GST Revalidation: Solution to get the Unprocessed Refund

September 8, 2019 8478 Views 1 comment Print

Since the inception of GST, there are various mistakes done by the Assesses in filing GST returns, offsetting outward Liabilities and the creating of Challan. The most common mistakes done by the Assessee as well as the taxpayer is creating the wrong challan amount. For example, instead of SGST head, the cash has been deposited […]

Series of Judicial Pronouncement – Insolvency and Bankruptcy Code, 2016

September 8, 2019 4893 Views 1 comment Print

All proceedings under the IBBI Code in respect of Corporate Insolvency are to be adjudicated by the National Company Law Tribunal (NCLT), which has been designed as the ‘Special One Window Forum’ to tackle all aspects of insolvency resolution. The NCLT is referred to as the ‘Adjudicating Authority’.

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