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Archive: November, 2019

Posts in November, 2019

Practical Approach – Sabka Vishwas (Legacy Dispute Resolution) Scheme

November 21, 2019 8217 Views 1 comment Print

Long Awaited and Vital scheme for Taxpayers……. Finally, in the Union Budget 2019-20, the Hon’ble Finance Minister announced the Sabka Vishwas-Legacy Dispute Resolution Scheme, 2019. The Scheme has now been notified and operationalized from 1st September 2019. The Scheme would continue till 31st December 2019. Government expects the Scheme will be availed by large number of taxpayers for closing […]

Sub- Usage of CERSAI (Central Registry of Securitization Asset Reconstruction and Security Interest of India)

November 21, 2019 5727 Views 0 comment Print

‘CERSAI’ known as Central Registry of Securitization Asset Reconstruction and Security Interest of India has been established as a government company. It was formed for the purpose of operating a registration system mainly to safeguard the interest of lenders and property buyers. It aims to discourage the practice of taking out multiple loans from several […]

Analysis of restriction on ITC not appearing in GSTR 2A

November 21, 2019 31935 Views 5 comments Print

CBIC make a significant change in the GST law by inserting rule 36(4) of CGST rule 2017 thereby restricting the taxpayers to avail ITC only up to 120% of eligible ITC appearing in GSTR-2A of a particular month and consequently it is very important to reconcile the GSTR 2A every month to maintain the track […]

Amended criteria for Related Party Transactions under Company Law

November 21, 2019 2295 Views 0 comment Print

On 18th November,2019 Ministry of Corporate Affairs (MCA) had notified amendment in the Companies (Meeting of Board and its Powers) Rules, 2014 and amended criteria for Related Party Transactions (RPT) by amending Rule 15 (3) (a) (i) to (iv) of these Rule Companies (Meetings of Board and its Powers) Second Amendment Rules, 2019 vide MCA notification […]

Commission to Director cannot be disallowed without examining appointment terms

November 21, 2019 1380 Views 0 comment Print

Kirloskar Oil Engines Limited Vs JCIT (ITAT Pune) The issue under consideration is whether the disallowance made for commission paid to director u/s. 40A(2) is justified? ITAT states that, the assessee is against disallowance of commission paid to Shri Atul Kirloskar u/s. 40A(2) of the Act. It is an undisputed fact that in earlier assessment […]

Dissenting Financial Creditors and Resolution Process under IBC

November 21, 2019 11787 Views 0 comment Print

The resolution plan shall provide for the payment of debts of financial creditors, who do not vote in favour of the resolution plan, in such manner as may be specified by the Board, which shall not be less than the amount to be paid to such creditors in accordance with sub-section (1) of section 53 […]

HC allows GST TRAN-1 filing as system of Taxpayer was down

November 21, 2019 1545 Views 0 comment Print

On facts, case of petitioner is that it could not attempt to file GST TRAN –1 form on GST portal because his own system was down. On 9th January, 2018, deadline having expired on 27th December, 2017, petitioner said so to Revenue. Petitioner then has obtained a report, upon forensic examination of his system, having provided password, which report confirms petitioner’s contention. Less said about the instructions, in context of such facts, as being removed from them, the better.

IILM University Sikkim liable to pay Service Tax on its Courses

November 21, 2019 840 Views 0 comment Print

IILM Business School Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) appellants themselves are not recognized by law to grant any degree and therefore, the service provided by the appellant qualifies as Commercial Coaching and Training. Notification 10/2003 reads as under:- “Commercial training or coaching centre providing commercial training or coaching of specified type exempted In […]

Enable petitioner to again file Form GST TRAN-1: HC

November 21, 2019 738 Views 0 comment Print

Sattibabu Motors Private Limited Vs Assistant Commissioner Of Central Tax (Andra Pradesh High Court) Writ Petition is disposed of in terms thereof directing the respondents to either open the portal to enable the petitioner to again file the Form GST TRAN-1 electronically or in the alternative, accept the Form GST TRAN-1 presented manually, on or […]

Important salient features of new GST returns wef 01.04.2020

November 21, 2019 22629 Views 1 comment Print

From 1st April 2020, taxpayers will be required to file the new GST return & they need to be familiar with new return functionality. Active participation of the taxpayers and GST practitioners in this trial return drive will enable to give their proper feedbacks/suggestions to improve the GST new return tool.

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