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Archive: 25 February 2020

Posts in 25 February 2020

Direct Tax Vivad Se Vishwas Bill 220-(Including Amendments )

February 25, 2020 11088 Views 1 comment Print

Article explains Direct Tax Vivad Se Vishwas Bill, 2020 alongwith Further amendments proposed in the same in Cabinet Meeting on 12th February 2020 for which Notice also been given to Parliament subsequently. Article explains Key Dates under the Scheme, Definition of Appellant under Direct Tax Vivad Se Vishwas Scheme, Designated Authority, Declarant under the Scheme, […]

GST RULE 36(4) – ITC availment Restriction– Issues & way Forward

February 25, 2020 47424 Views 3 comments Print

As you are aware, Rule 36(4) of the CGST Rules 2017 notified w.e.f. 09.10.2019, restricts availment of credit to 120% of the eligible credit based on invoices/debit notes uploaded by the supplier in their GSTR-1. From 1st January 2020, the eligibility has got reduced to 110% of such eligible credit.

GST Vital Practical Problems- CROSS CLAIM OF ITC

February 25, 2020 2349 Views 0 comment Print

Part-1 GST is new tax and the dealers who followed it from the initial stage have made some technical mistakes which were not noticed by them within time or they were not rectified by the dealers since the facility of revision of such mistakes was not there. These were innocent mistakes and not the fraud […]

Recent Updates in GST till 24th February 2020

February 25, 2020 2940 Views 0 comment Print

The next GST Council meeting is scheduled for 14 March, 2020 at New Delhi. It will, inter alia, take up the issue of compensation to states in the backdrop of revenue shortfall. States are already concerned over delayed release of compensation cess to them. Meanwhile, centre has already released a total of Rs. 1.20 lakh […]

Interest on delay in filing of GSTR 3B is to be charged on Net Tax Liability or Gross Tax Liability?

February 25, 2020 11676 Views 0 comment Print

Interest is to be charged on net tax liability only since what taxpayer is supposed to pay had he file his return. Even Amendment made by Finance Act 2019 is giving some logical explanation to section 50 (1) of CGST Act 2017 hence even if government does not notify as prospective,  it should be read as retrospective as held by the courts.

Section 272BB Penalty for failure to comply section 203A provisions

February 25, 2020 10440 Views 0 comment Print

Understand the penalty provisions of section 272BB of the Income Tax Act for non-compliance with section 203A provisions.

Interest Not Payable where IGST wrongly paid inadvertently as CGST

February 25, 2020 7932 Views 0 comment Print

In Shree Nanak Ferro Alloys (P.) Ltd. v. Union of India, it is held by High Court of Jharkhand that interest is not payable by the petitioner where petitioner had inadvertently paid tax under head CGST, instead of IGST, and as such it was not a case of short payment. Facts of the Case:- The […]

Do you want Invest in Small Cap Funds ?

February 25, 2020 1035 Views 0 comment Print

The set of investors who have invested post 2013 till late 2017 after seeing the good performance of Small Cap funds saw a sharp correction over the last 2 years i.e. February 2018 post budget. Most of the investors who had invested for the first time in equity funds are now wondering that if they […]

Advance Towards Sale of Property for Commercial & Business Purpose Can’t be Treated as Deemed Dividend

February 25, 2020 2709 Views 1 comment Print

The issue under consideration is whether the advance received towards sale of property falls within the meaning of commercial and business purpose and can be treated as deemed dividend without considering the true nature of the transaction?

Companies (Incorporation) Amendment Rules, 2020 – E-form Spice + Introduced

February 25, 2020 4143 Views 0 comment Print

MINISTRY OF CORPORATE AFFAIRS vide notification dated 22nd February 2020, published Companies (Incorporation) Amendment Rules, 2020 in exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013) to amend the Companies (Incorporation) Rules, 2014 Applicability: Companies (Incorporation) Amendment Rules, 2020 shall come into force […]

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