"26 March 2020" Archive

Revocation of cancellation of Registration under GST

In recent times, we have witnessed a lot of cancellation of GST registrations by the Department due to taxpayers not complying with law by not filing the GST returns and payment of liability. GST being a new tax regime, small taxpayers are still trying to understand the law and importance of complying with law. The […]...

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Gujarat HC allows Rebate of Excise Duty to Petitioner in Cash instead of Cenvat Credit in post GST regime

Thermax Limited vs Union Of India (Gujarat High Court)

The Gujarat HC conclusively held that the Respondent ought to have directed the sanctioning Authority to refund the duty of the amount in cash instead of credit in the CENVAT account and for the foregoing reasons, the Petition was allowed to succeed....

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Is Amendment of Rule 61(5) enough to Make GSTR 3B – A Return Under Section 39(1)

As per law, the form, manner and time within which a return under Section 39 is to be furnished was to be prescribed. Sub rule (1) and (5) of Rule 61 were prescribed vide Notification No. 10/2017 – Central Tax dated 28th June 2017 which prescribed GSTR 3 as the return under Section 39 and […]...

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Home loan interest can be included in cost in Capital Gain Computation

ITO Vs Smt. R. Aishwarya (ITAT Chennai)

Assessee is entitled to include interest in the capital cost while computing capital gains U/s 48 of the Act. Judicial discipline requires us to follow the order of a co‑ordinate bench....

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Material stuck in transit & E-way Bill expired-What to do during lockdown

Industry is facing the issue in respect of goods in transit which are stuck at various places including transportation hubs, state borders and even at the gates of recipients who are not operating during this period of lockdown. On the top of it in most of the cases eway bills have also expired. Now question arises what to do and how to s...

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ITC Refund in Zero Rated Supply – Simplified Calculation

As per 89(4) of CGST Rules, in case of zero rated supply of goods or services or both without payment of tax under bond or letter of undertaking in accordance with the provisions of section 16(3) of the IGST Act, refund of input tax credit shall be granted as per following formula :- Refund Amount […]...

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Necessity of investigation for system failure on mis-declaration of POS, MPOS devices and evasion of customs duty

Shri Chinta Haran Ojha Vs Principal Commissioner of Customs (CESTAT Delhi)

Chief Commissioner of Customs was directed to consider whether it should be necessary to cause a vigilance enquiry on the system failure to determine how the consignments were cleared when there were so many mis-declaration in description as well as classification of the imported Point of Sale Devices (POS) and Mobile Point of Sale Device...

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Finance Minister announces Rs 1.70 Lakh Crore relief package

Finance Minister announces Rs 1.70 Lakh Crore relief package under Pradhan Mantri Garib Kalyan Yojana for the poor to help them fight the battle against Corona Virus...

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ITC under GST on Hiring a Cab

The confusion among the taxpayers is whether ITC on ‘Hiring a Cab’ can be claimed by the registered taxpayers or not. In this Article, we’ll be discussing the situations where a taxpayer can claim ITC and where they can’t....

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Place of supply of services in India- Part 2

Section 12 of the IGST Act, 2017 provides the set of rules for determining the place of supply of services within India. General rule for determination of place of supply- Section 12 (2) – The place of supply of services, except the services specified in sub-sections (3) to (14),–– (a) made to a registered person […]...

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May 2021