"16 February 2020" Archive

Rajasthan HC grants bail to CA accused of wrongly availing ITC

Paridhi Jain Vs State (Rajasthan High Court)

Paridhi Jain Vs State (Rajasthan High Court) HC held that Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the petitioner being a practising Chartered Accountant and a lady of 27 years is facing incarceration for last more than one month and […]...

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Search and Seizure Powers & Limitations under CGST Act, 2017

Search and Seizure Powers of the Authorities under the provisions of Section 67 to 71 of Central Goods and Services Tax Act, 2017 and their limitations. Source- High Ground Enterprises Ltd Vs UOI (Bombay High Court); Writ Petition No. 8075 of 2019; Decided on August 14, 2019 Ratio of the Judgment Section 67(5) creates a […]...

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CA- Ek Kahani | लो भैया अब हम भी CA हो गए ।

लो भैया अब हम भी CA हो गए ।   ले लिया था 12th से पहले एडमिशन, भुला कर बचपन के दिन किताबो में हम खो गए लो भैया अब हम भी CA वाले हो गए । । Accounts की Entr...

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91 to 92% Large Taxpayer filed GSTR-9/GSTR 9C by 12.02.2020: GSTN

About 91% of eligible large Taxpayers filed Annual GST Return and 92% eligible large taxpayers filed the Reconciliation Statement (GSTR-9C) by 12th Feb 2020  – 91.3% of eligible large taxpayers filed annual return (GSTR-9) by 12th Feb 2020. – 92.3% filed reconciliation statement (GSTR-9C) by 12th Feb 2020. -Total 42.03 Lakhs ...

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Penalty on Goods Transported for repair without proper documents cannot exceed Rs. 10000

Neva plantation Private Limited Vs ACST&E (GST Appellate Authority Himachal Pradesh)

Neva plantation Private Limited Vs ACST&E (GST Appellate Authority, Himachal Pradesh) It appears that there is no dispute regarding quantity/quality of goods and further it has been clearly mentioned on the challan that the goods are not for sale only for repair. Since the transaction has no tax implications, the proper office while a...

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Concessional Income Tax Rates – What if Return is Filed Belatedly

It is an issue that whether these concessional tax rates will be available in cases where the Income Tax return is filed belatedly under Section 139(4) or for the first time u/s. 148, 142(1) etc. In this article an attempt has been made to discuss the above issue along with in depth analysis on various other aspects of these new sections....

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Penalty not justified for mere expiry of E-Way bill when all other documents in order

Bhushan Power & Steel Limited Vs Asst. Commissioner State Taxes & Excise (GST Appellate Authority, Himachal Pradesh)

Bhushan Power & Steel Limited Vs Asst. Commissioner State Taxes & Excise (GST Appellate Authority Himachal Pradesh) Rule 138(10) says that validity of e-way bill may be extended within 8 hours from the time of its expiry but in the instant cases the vehicle was practically apprehended in almost 08 to 09 hours of the […]...

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Typographic error in entering distance in E-way bill is minor mistake: HC

Godrej Consumer Products Ltd. Vs ACST&E-Cum (GST Appellate Authority)

Godrej Consumer Products Ltd. Vs ACST&E (GST Appellate Authority, Himachal Pradesh) It is revealed that due to a typographic error while generating E-way bill, the petitioner mentioned approx distance between Puducherry to Himachal Pradesh as 20 Kilometers instead of 2000 Kilometers. As a result, a validity of one day has been calcula...

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Procedure For Change In Registered Office of LLP

Procedure For Change In Registered Office of LLP- Section-13 of LLP Act- 2008, Rule 17 of LLP Rules- 2009 As per Section 13 of LLP, 2008 every LLP shall have a registered office to which all communications and notice may be addressed and where they shall be received. Address of initial registered office of a […]...

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Process and Provision for Strike off of LLP

Provision in relation to closure of LLP has been mentioned u/s 75 of LLP Act, 2008 read with Rule 37 of LLP Rules, 2009. Name of defunct LLP can be struck off by the Registrar: Suo-motto; or On application by the LLP. Defunct: The generic meaning of the word ‘defunct’ is a state of being […]...

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Conversion of LLP into Company under Companies Act, 2013

Ministry of Corporate Affairs has passed a notification on 31st May, 2016 in such notification its allowed conversion of LLP into Company. For such conversion there is need to prepare a list of documents and required to file the same with ROC in forms like URC-1, INC-7, DIR-12, INC-22 etc. ...

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Procedure For Change In Partners of LLP

As per Section 22 of LLP Act, 2008 on the incorporation of a LLP, the persons who subscribed their names to the incorporation document shall become its partners. A person can be admitted as partner in LLP as per the provisions of LLP agreement of the LLP and section 22 of LLP Act, 2008. If […]...

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Conversion of Partnership Firm Into Limited Liability Partnership (LLP)

Article explains Background for Conversion of Partnership Firm Into LLP, Important Terms under LLP Act, Condition for Conversion of Partnership Firm Into LLP, Key Requirements for Conversion of Partnership Firm Into LLP, Why LLP is better than Partnership Firm, Procedure for Conversion of Partnership Firm into LLP, Effect of Conversion of...

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AAR not maintainable as applicant has not undertaken supply in subject case

In re Anju Kushal Jain (GST AAR Maharashtra)

Section 95 allows this authority to decide the matter in respect of supply of goods or services or both, undertaken or proposed to be undertaken by the applicant. We find that the applicant has not undertaken the supply in the subject case. In fact, the applicant is a recipient of property in subject transaction....

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Process for Conversion of Private Limited Company into LLP in India

PROCESS FOR CONVERSION OF COMPANY INTO LLP Section-56 of LLP Act- 2008, Third Schedule A Private Limited Company may convert into a Limited Liability Partnership in accordance with the provisions of Section 56 and the Third Schedule of LLP Act, 2008. A. Conversion Of Private Limited Company Into LLP: As all of us are aware […]...

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Procedure for Admission of New Designated Partners in LLP

As per Section 7 of LLP, 2008 every LLP shall have at least Two Designated Partners (DP) who are individual and at least one of them shall be resident in India. Only an Individual can be appointed as Designated Partner. Note: As per LLP Act on Designated partner must be Resident of India. ** In […]...

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Annual Compliance Calendar of Limited Liability Partnership (LLP)

Post incorporation requirements are obligations which LLP are supposed to fulfill subsequent to incorporation. These include filing of annual returns, Financial Statement, change of Partners/Designated Partners, alteration in Contribution, and change of registered office. All LLPs shall be under obligation to maintain annual accounts refl...

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Process of Shifting of Registered office of Company

Article explains Meaning of Registered Office, When Registered Office of Company Mandatory, Modes of Shifting of Registered Office of Company, Process for Shifting of Registered Office of a Company Within the Local Limit Of City, Town Or Village To Another Place In Within The Limit Of Same City, Town Or Village, Process for Shifting of [&...

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Incorporation of Limited Liability Partnership (LLP)

Revised Process for Incorporation of limited liability partnership (LLP) after considering Limited Liability Partnership (Second Amendment) Rules, 2018 as applicable from the 2nd October, 2018. In this Editorial the author shall deliberate the Provisions of LLP Act, 2008 as on 02nd  October, 2018 in respect of Incorporation of Limited ...

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Process for Change in NAME of LLP

Process for Change in NAME of LLP Section-19 of LLP Act- 2008, Rule-20 of LLP Rules-2009 The limited liability partnership may change its name by following the procedure as laid down in the limited liability partnership agreement. Where the limited liability partnership agreement is silent on this matter, consent of all partners shall be ...

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Transformers’ supplied to Indian Railways covered under HSN ‘8504’

In re Rishab Industries (GST AAR Maharashtra)

Transformers' supplied to Indian Railways, by the applicant, are covered under HSN '8504' and Sr. No. 375 of Schedule III of the Notification 1/2017 Central Tax (Rate) dated 28.06.2017 and therefore subjected to GST@ 18%....

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GST leviable on sale of TDR/FSI received for surrendering joint rights in land

In re Vilas Chandanmal Gandhi (GST AAR Maharashtra)

GST is payable at the rate of 18% (9% + 9%) on transfer of development rights or FSI (including additional FSI), under SI. No. 16, item (iii) of Notification No. 11/2017 - Central Tax (Rate) dated 28-06-2017 (Heading 9972)....

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18% GST on Restaurant services at a place where Room Tariff is Rs. 7500 & above

In re Kutting Fusion Hospitality LLP (GST AAR Maharashtra)

In re Kutting Fusion Hospitality LLP (GST AAR Maharashtra) As per Sr. No. 7(iii) of Notification No. 11/2017-CT(Rate) dated 28.06.2017. as amended, supply of food or drinks in a restaurant for consumption within the restaurant premises or away from the restaurant premises, where the restaurant is located in the premises of hotels, inns, g...

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AAR cannot decide on issue of validity of certificates used by end-users of subject products

In re Equitron Medica Pvt. Ltd. (GST AAR Maharashtra)

Section 97(2), which encompasses the questions, for the ruling by this Authority does not deal with the issue of validity of certificates used by end-users of subject products. Hence, it is held that this authority does not have jurisdiction to pass any ruling on such matters....

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GST on membership fees from LMOs- Applicant allowed to withdraw application

In re Junior Chamber International India (GST AAR Maharashtra)

In re Junior Chamber International India (GST AAR Maharashtra) The Application in GST ARA Form No. 01 of M/s. Junior Chamber International India, vide reference ARA No. 43 dated 13.09.2019 is disposed of, as being withdrawn voluntarily and unconditionally. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA The present applicat...

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Visvesvaraya National Institute of Technology is not a Govt. Authority: AAR

In re Security and Intelligence Services (India) Ltd (GST AAR Maharashtra)

In re Security and Intelligence Services (India) Ltd (GST AAR Maharashtra) Visvesvaraya National Institute of Technology (VNIT) has neither been set up by an Act of Parliament or a State Legislature, nor has been established by any Government, with ninety percent or more participation by way of equity or control, to carry out any functio...

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ITC Refund: AAR allows applicant to withdraw application

In re DTL Ancillaries Limited (GST AAR Maharashtra)

In re DTL Ancillaries Limited (GST AAR Maharashtra) The Application in GST ARA Form No. 01 of M/s DTL Ancillaries Ltd. vide reference no. ARA No. 49 dated 04.10.2019 is disposed of, as being withdrawn voluntarily and unconditionally. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA The present application was filed under Sec...

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GST: No ITC to Co-op Hsg. Soc. on replacement of existing lift

In re Las Palmas Co-Operative Housing Society Limited (GST AAR Maharashtra)

To summarize, Manufacture, Supply, Installation and Commissioning of Lifts/ Elevators is in the nature of Works Contract activity which results in creation of an immovable property. Hence in view of the above discussions and Explanation to Section 17 of the CGST Act, we are of the opinion that the applicant is not entitled to ITC of GST p...

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No advance ruling if question raised not pertain to supply of goods or services

In re Municipal Corporation of Greater Mumbai (GST AAR Maharashtra)

As per provision of section 95 of CGST ACT, this authority can give a ruling to an applicant on matters or questions raised, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant....

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No advance ruling If primarily, no sale of goods by applicant

In re Wise Design Communications Pvt. Ltd. (GST AAR Maharashtra)

From the submissions made on this issue it is seen that the applicant neither owns the said goods nor delivers the same to their customers. Applicant only facilitates the transaction between the buyer and the seller through their website and acts as an intermediary. We find that there is no sale of goods undertaken by the applicant in thi...

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AAR have no jurisdiction to rule on place of supply of Goods/Services

In re Mayank Vinodkumar Jain (GST AAR Maharashtra)

On perusal of the provision of section 97(2), we find that the question on the determination of place of supply has not been covered in the above set of questions, on which advance ruling can be given. Therefore, we do not have jurisdiction to pass any ruling on such questions which involve the determination of the place of supply of good...

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CBDT International Tax Bulletin – January 2020

International Tax Bulletin Foreign Tax & Tax Research Division JANUARY 2020 VOL.1, ISSUE 1 LATEST DEVELOPMENTS ON TAXATION OF DIGITALISED ECONOMY In the last week of January 2020, the meeting of G20/OECD Inclusive  Framework (IF) was held in Paris to decide the future course of action for finalising the time lines and action plan for...

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GST Taxpayers!! Arise & Fight against Injustice of Interest Charged

The Issue of interest levy under GST is for periods- from 01st July 2017 to effective date of amendment to section 50 of CGST Act as per Union Budget 2020. As the amended section 50 of CGST Act, now levies interest on Net Amount. However, the GST department wants Interest to be charged on gross amount for above period and whereas taxpayer...

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Tax Planning Tips for Pensioners & senior citizens for AY 2021-22

Tax Planning Tips for Pensioners and senior citizens for Assessment Year 2021-2022 If you want to get pension from April 2020, you have to give an anticipatory statement in Treasury or bank in March 2020. Therefore, as a pensioner you need a basic idea about the new finance bill of Feb 2020. Through this article, […]...

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