"11 May 2020" Archive

Covid 19 Medical Insurance and GST Implications

1. The guidelines issued by the Ministry of Home Affairs (MHA) Government of India vide order no. 40-3/2020-DM-I(A) dated 15.04.2020 amongst other things specifies that all industrial and commercial establishments, work places, offices, etc. shall be required to obtain medical insurance for the workers mandatorily before starting their op...

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Time of Supply under GST (Section 12 to 14 and 148)

Article deals with Section 12 of the CGST Act, 2017 - Time of supply of goods, Section 13 of the CGST Act, 2017 - Time of supply of services, Section 14 of the CGST Act, 2017 - Change in rate of tax in respect of supply of goods or services and Section 148: Special procedure for certain processes...

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ITC for the construction of immovable property for own use

Section 17(5)(d) of the CGST Act, imposes restriction on availing input tax credit in respect of the goods and services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of bus...

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Job Work Under GST

DIFFERENT SCENARIOS COVERED UNDER JOB WORK This article is intended to clarify the current issues faced by the manufacturers and job workers under GST law and covers the following aspects: 1. Meaning of job work under section 2(68) of CGST Act 2017, job worker and Principal for section 143 of CGST Act 2017 2. Registration […]...

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No GST on salary paid to Executive Director

In re Anil Kumar Agrawaal (GST AAR Karnataka); Advance Ruling No. KAR ADRG 30/2020; 04/05/2020 Salary received as Director from a Private Limited Company The applicant is in receipt of certain amount termed as salary as Director of a private limited company. Two possibilities may arise with regard to the instant issue of amount received [...

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Supply of Service by Goods Transport Agency (GTA) – Detailed Analysis

This article contains all aspects related to Supply of Service by Goods Transport Agency (GTA) and explains what is GTA, tax payable on forward charge basis as well as on reverse charge basis, exempt service with FAQs. GST is a labyrinth. To understand any particular subject of GST one needs to refer all sections of […]...

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GST: Whats Taxable, whats exempt and whats non taxable

Almost its three years now since GST laws were brought into force, yet there are some confusions in the very basic terminology around which the whole GST revolves. One such web of confusion is the meaning of taxable supply, non taxable supply and exempt supply....

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Issues to be faced while claiming ITC under GST Laws- Part I

Who would not want to claim the input tax credit (ITC)? ITC reduces the cost of producing/supplying goods/services and thereby reduces the cascading effects. ITC also makes the businesses competitive globally by ensuring that only goods/services are exported and not taxes as part of the cost....

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Refund Under Inverted Duty Structure – Analysis

Section 54 of CGST Act 2017 provides various mechanism to the taxpayer under which they can claim REFUND of the INPUT TAX CREDIT (ITC) they had paid on the purchase of their supplies and otherwise also. > PROVISION As per explanation 3 to section 54 the registered person may claim refund of any unutilised input […]...

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All About TDS Under GST Act,2017

In this Article I am going to discuss the law relating to Tax Deduction at Source (TDS) under GST Act, 2017. The concept of TDS is not new for us as the same was already applied or complied under Income Tax Act, 1961. In this article I will share or discuss the following concepts of […]...

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Time of Supply of Goods under GST- An Analysis

INTRODUCTION In the erstwhile laws, there were provided certain events basis which the leviability of tax was attracted, generally called the ‘taxable event’. If we talk about the Central Excise laws, such taxable event was manufacturing of goods, in case of service tax laws, such event was provision of services and in case of VAT [&h...

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GST not applicable on director remuneration

GST on directors remuneration has been a contentious issue lately. The matter has been sought before various Authority of Advance Rulings and varied decisions have been received. Recently advance ruling was provided by AAR – Rajasthan in the matter on Clay Craft India Private Limited wherein the question sought for advance ruling wa...

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Basic key points – E-Way Bill

1. E-Way bill rules are prescribed in Rule 138 of CGST Rules 2017. 2. E-Way bill is required if movement causes through motorized vehicle. 3. Before causing any movement of Goods of value exceeding Rs. 50,000 (Including Taxes) generation of E-way bill is mandatory, either by the Supplier, Recipient, or transporter, as the case may [&helli...

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Set-off and carry forward of Speculative Business Loss

What is Speculative Income? Income Tax Act has not defined the meaning of ‘speculative income’ but has defined ‘speculative transaction’. Thus, it can be said that the income derived from the speculative transaction is a speculative income. Meaning of speculative transaction As per provisions contained under section 43(5) of the I...

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Depreciation on Buildings as per Income Tax Law

Depreciation allowance is provided under the Income Tax Act for building. The word building has however not been defined under the Income Tax Act and must be construed based on the ordinary grammatical sense, together with the available judicial interpretations. According to the Oxford English Dictionary, the word ‘building’ means...

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Presumptive Taxation Scheme- 25 Things You Must Know

As per sections 44AA of the Income-tax Act, 1961, a person engaged in business is required to maintain regular books of account under certain circumstances. To give relief to small taxpayers from this tedious work, the Income-tax Act has framed the presumptive taxation scheme under sections 44AD, sections 44ADA and sections 44AE....

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Salary Income – Answer to Common issues

section 17​​ of the Income-tax Act defines the term salary. However, not going into the technical definition, generally whatever is received by an employee from an employer in cash, kind or as a facility [perquisite] is considered as salary....

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Tax Deducted at Source (TDS): FAQs

1) Whether capitalization of interest payable attracts TDS U/S 194A? Whether conversion of out standing interest on loan into loan attracts TDS? Difference between Form-15G and Form-15H? Difference between TDS and TCS? What is due date for remittance of TDS certificates? (Form-16 and Form-16A)...

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Master Guide on filing of income Tax Return

Q.1 What is a return of income? ​Ans: ITR stands for Income Tax Return​. It is a prescribed form through which the particulars of income earned by a person in a financial year and taxes paid on such income are communicated to the Income-tax Department. It also allows carry -forward of loss and claim refund […]...

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Income Tax for New Tax Return Filers- FAQs

This FAQ explains about Income Tax, administrative framework of Income-tax, Return Filing Period, who is suppose to pay Tax, how to pay tax, precaution in Tax Payment , when to pay Tax, Advance Tax Calculation, Income Tax Challans, Form 26AS, Exempt Income Taxable, Income, Assessing Officer, Revenue receipt, Capital receipt, Agricultural ...

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TDS Compliances for the month of March-2020 (Last Quarter) during COVID-19

♦ With the outbreak of COVID-19 and the countrywide lockdown since 24th March, 2020 a lot of confusion with respect to the tax compliance has raised. Since, the lockdown is countrywide the major issues that being faced aRE with the compliance of payment and filing TDS Returns. ♦ Therefore, here are the questions to your […]...

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Lockdown period not to be counted in residential status determination

Recent clarification issued by CBDT – Lockdown time period will not be counted in the determination of residential status of NRIs for the FY 2019-20 Considering the impact of Covid 19 and amidst the situation of lockdown and suspension of international flights CBDT has recently issued Circular No 11 of 2020 dated 8 May 2020 [&hellip...

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Lockdown period not to be counted for Determining Residency Status of NRIs, Foreign Nationals: CBDT

Lockdown Period Not to Be Counted For Determining Residency Status of NRIS, Foreign Nationals ; CBDT clarifies in respect of residency under section 6 of the Income-tax Act, 1961 Finance Minister Nirmala Sitharaman on Friday (8th May, 2020) allowed discounting of prolonged stay period in the country for determining the residency status, ...

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What is your GST Strategy post Covid-19?- Join our Webinar

TaxGuru and AMLEGALS brings together TAXEBINAR TAXEBINAR | Pandemic Pro Webinar | GST Unveiled | 14th May, 2020 | Thursday | 4.00 to 5.00 P.M Register for the Webinar at: https://bit.ly/2WoV5Mk No Registration Charge | A Must for CFO, CEO & In-House Indirect Professionals | What is your Tax Strategy post Covid-19? The broader concept ...

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Acceptance of Deposits under Companies Act, 2013 & Rules

Deposits by the Private Companies and Public Companies are governed by Section 73 and 76 of the Companies Act, 2013 and Companies (Acceptance of Deposits) Rules, 2014. Article explains who can be Depositor, Meaning of Deposits, Companies not falling governed by Companies (Acceptance of Deposits) Rules, 2014, Items not considered as deposi...

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Company Fresh Start Scheme and LLP Settlement Scheme

Company Fresh Start Scheme and LLP Settlement Scheme is a one-time waiver of additional filing fees for delayed filings by the companies or LLPs with the Registrar of Companies during the currency of the Schemes, i.e. during the period starting from 1st April, 2020 and ending on 30th September, 2020....

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Liquidation Process of company & Model Timeline of Liquidation Process under IBC, 2016

Liquidation Process of company and Model Timeline of Liquidation Process under IBC, 2016 The Insolvency and Bankruptcy Code, 2016 (IBC, 2016) provides for a time-bound process to resolve insolvency of the corporate debtor within a period of 180 days and one time extension of 90 days from date of the order passed by the Hon’ble […...

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Insolvency and Bankruptcy Code, 2016: Analysis of Section 10’A’

Recently, on 24 April, a government official hinted at the introduction of Section 10A in the IBC as another move to safeguard the businesses from the rigours of IBC. Section 10A seeks to eclipse section 7,9,10 that provides for filing of applications for initiating the CIRP in case of a default for a minimum period of six months....

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Brief about MSME & MSME Aadhar Udyog Registration

Brief about Micro, Small & Medium Enterprises (MSME- Aadhar Udyog Registration) Meaning of Micro, Small & Medium Enterprises: 1. What are Micro Enterprises: Micro Enterprises means for Manufacturing Sector having Investment in Plant & Machinery Up to 25 Lakhs & for Service Sector having Investment in Equipment up to 10...

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Payment of Wages During Lockdown Implemented to Contain COVID-19

The Central Government has issued Advisories and Directions under the Disaster Management Act 2005. & order under Section 10(2) was issued on March 29, 2020 dealing with the issue of payment of wages to workers’ The question is that A) Is there a power under the Disaster Management Act to decide the question of payment […]...

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RBI to regulate operation of payment intermediaries

In this article we shall discuss the concept of Payment Aggregator and Payment Gateway. Further, we intend to cover the applicability, eligibility norms, governance practices and reporting requirements provided in the aforesaid guidelines....

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Dispatch of notice by listed companies for rights issue- MCA clarifies

General Circular No. 21/2020 (11/05/2020)

MCA Clarification on dispatch of notice under section 62(2) of Companies Act, 2013 by listed companies for rights issue opening upto 31st July, 2020 vide General Circular No. 21/2020 Dated: 11th May, 2020. General Circular No. 21/2020 F. No. 2/4/2020-CL-V Government of India Ministry of Corporate Affairs 5th Floor, ‘A’ Wing, S...

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MSME: No Relief Against Payment of Wages from SC

On 08.05.2020, Supreme Court has denied any relief to MSME against Payment of Wages during Lockdown Facts of the Case: The Petition was filed by MSMEs challenging the Advisory Issues by the Union Ministry of Labour and Employment on March 20 and the order issued by the ministry of home affairs (MHA) on March 20 […]...

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Satisfaction note should be recorded separately for assessee searched u/s 132

ACIT Vs Gracious Project Pvt. Ltd. (ITAT Delhi)

The assessee challenged the jurisdiction as the Assessing Officer has not given any separate satisfaction for the assessee and only a mechanical satisfaction was recorded....

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Registration u/s 12AA cannot be refused for non-starting of charitable activities

Mariam Education Society Vs CIT (ITAT Delhi)

In the given case the appeal is filed by the assessee society because their application for registration under section 12AA is rejected by the CIT with the reason that the society is a commercial entity engaged in providing medical services on commercial lines and levying huge fee for the same, without any act of charity....

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Offence under GST provisions are non cognizable hence FIR can be lodged

Shahzad Alam & Others Vs State Of U.P. & Others (Allahabad High Court)

In the instant case, the allegations are in respect of getting bogus firms registered under the GST Code and of preparing bogus invoices for the purpose of evading tax....

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Economics of Crude Oil – Black Gold or Not?

The Year 2020, or the 'Year of the Rat' as they call in People’s Republic of China (PRC) brought forward myriad unexpected lows in the global scenario. Of all the wild, unprecented swings in the financial markets since the Covid-19 pandemic broke out, none has been more jaw dropping since the collapse in WTI (West Texas Intermediate) cr...

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Changing Realms of Privacy in the Digital Age Abstract

The world is witnessing a digital revolution where evolution of technology is at unprecedented pace. Technological innovations like smart phones, big data technology, user experience etc have brought a paradigm shift in the way humans live. Social networking sites like facebook, Twitter, Instagram offer a unique experience of being connec...

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Monetization & Transferability of Business Losses: Next Indian Business Revolution

The world is on the brink of moving at exponential speed towards Fourth Industrial Revolution. The Fourth Industrial Revolution builds on the digital revolution, representing new ways in which technology becomes embedded within societies and even the human body. The Fourth Industrial Revolution is marked by emerging technology breakthroug...

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Calculation of Provision for Doubtful Debts under Ind AS 109

Every entity with large portfolio of trade receivables always faces an issue on how to calculate bad debts provision on these receivables. The situation gets little more complex with adoption of Ind AS. All of us agree that some bad debts are always hidden in the ‘healthy’ receivables and its imperative that the same is […]...

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Evolution of Foreign Exchange Regulation in India

Scarcity of Foreign Exchange in India led to its control since the beginning of World War II. Exchange control was introduced in India under the Defence of India Rules on September 3, 1939 on a temporary basis. The statutory power for exchange control was provided by the Foreign Exchange Regulation Act (FERA) of 1947....

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Going Concern- Key Considerations for Auditors Amid COVID-19

Timely and effective communication between the management and the auditor is essential in ensuring that both are able to fulfil their respective responsibilities in relation to going concern aspect during these uncertain times....

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Awaiting RBI: A Bond Update

The central government has revised its borrowing program by INR 4.2 lakh crores to INR 12 lakh crores for the full financial year. At approximately 2% of GDP, this is at the lower end of the expected requirements for additional financing by the government and by no means sufficient to bridge both the revenue gap as well as the discretiona...

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Section 14A / Rule 8D(2) cannot be invoked for making disallowance u/s 115JB

Sri Vishnu Shankar Mill Vs ITO (ITAT Chennai)

 Sri Vishnu Shankar Mill Vs ITO (ITAT Chennai) Section 14A read with Rule 8D(2) of the 1962 Rules cannot be invoked for making disallowance u/s 115JB of the 1961 Act but disallowance of expenses incurred relatable to earning of an exempt income is to be computed in accordance with Explanation 1(f) to Section 115JB of […]...

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Word ‘assessable’ inserted in section 50C w.e.f. 01/10/2009

Smt. Alka Jain Vs ACIT (ITAT Delhi)

Word assessable has been inserted in section 50C w.e.f. 01/10/2009. Thus, prior to 01/10/2009, the section 50C was applicable over the sale of properties, which were sold by of the registered deed where the stamp value was assessed by the registration authorities and the section 50C was not applicable,...

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ACCA to introduce Remote Exam-Taking

ACCA (the Association of Chartered Certified Accountants) is introducing new flexibility for ACCA students around the world to enable them to take their exams at home or in another location in circumstances where centre-based exam sittings are disrupted. This development will ensure the robust and secure way of using the latest technology...

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Delay due to utter failure or negligence of department cannot be condoned

CIT TDS Vs Vodafone East Ltd. (Calcutta High Court)

There is a delay of 586 days in filing the appeal for which no explanation was offered. even if some explanation was offered, we could have exercised our discretion. In this case, condonation of the delay would amount to condoning the utter failure or negligence on the part of the department to take steps with regard to this appeal....

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MHA to States: Cooperate with Railways in running more ‘Shramik Special’ Trains

D.O. 40-10/2020-DM-I(A) (11/05/2020)

MHA to States: Cooperate with Railways in running more ‘Shramik Special’ Trains without any hindrance to facilitate faster movement of stranded Migrant Workers to their native places Cabinet Secretary chaired a meeting, through Video Conference on 10th May 2020, to review assistance provided by all States/ UTs Governments to the move...

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Ensure Smooth Movement of Medical Professionals & Para-Medical Staff

D.O. 40-10/2020-DM—I(A) (11/05/2020)

Ensure smooth movement of medical professionals and para-medical staff, and opening of all private clinics, nursing homes and labs; Essential to tackle both COVID and non-COVID Emergencies: MHA to States Cabinet Secretary chaired a meeting, through Video Conference on 10th May 2020, wherein the issue of restrictions being imposed by some...

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Solution to issues on Digital Learning Hub portal ICAI

Hello all!  Hope you all are doing well and safe at home. To sharpen the skills of members ICAI come up with online courses and publication. The publication was already available at ICAI site but on different places. So to give solution to problem of searching material at different places. A portal has been designed […]...

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Profiteering’ charge upheld against Park Avenue product of Raymond: NAA

Sh. Rahul Sharma Vs J.K. Helene Curtis Ltd. (NAA)

Sh. Rahul Sharma Vs J.K. Helene Curtis Ltd. (NAA) The brief facts of the case are that the Standing Committee on Anti-profiteering vide its communication dated 11.03.2019 had requested the DGAP to conduct a detailed investigation as per Rule 129 (1) of the above Rules on the allegation that M/s Raymond Ltd. had not passed […]...

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MHA issues SOP to facilitate Movement of Persons by Train

No.40-3/2020-DM-I (A) (11/05/2020)

MHA issues Standard Operating Protocol (SOP) to facilitate Movement of Persons by Train Union Ministry of Home Affairs (MHA) has issued Standard Operating Protocol (SOP) to facilitate movement of persons by train. Movement of passengers to & fro and entry at the railway station would be permitted only on confirmed e-ticket. There woul...

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Amendment in the CESTAT Procedure Rules, 1982

Notification No. 01/2020-Central Excise (11/05/2020)

ery Memorandum of Appeal or Cross Objection shall set forth concisely .ruid under distinct heads, the Statement of Facts and Grounds of Appeal or Grounds of Cross Objection, as the case may be, consecutively numbered and typed in double space of the paper. They shall also contain a valid mobile number and e-mail address of both the Appell...

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PILCOM – A bitter pill which would hurt commerce?

A recent judgment of the Supreme Court in the case of PILCOM v. CIT is likely to create significant confusion if not examined from proper perspective. On a first blush it seeks to unsettle a settled law, viz. a person is not liable to deduct tax at source in relation to payment made to a non resident which is, in the hands of the payee, n...

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Undertaking in lieu of bond allowed for Custom Clearance till 30.05.2020

Circular No. 23/2020-Customs (11/05/2020)

CBIC has decided to further extend the facility of accepting undertaking in lieu of bond for the period till 30.05.2020. Consequently, the date for submission of proper bond in lieu of which the undertaking is being temporarily accepted is extended till 15.06.2020....

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CBIC to work on idea of people-less customs

D.O.No.14/CH(IC)/2020 (11/05/2020)

From paper-less customs to people-less customs is an idea whose time has come and which we should commit to deliver by the year end. Member (Customs) has, vide his D.O. letter dated 8.5.2020, sought inputs of the department's physical touch points with the trade. Zonal Chief Commissioners may take time out to give it a thought so that a c...

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ADD Investigation on imports of Plain Medium Density Fibre Board

Case No. ADD-OI-08/2020 (11/05/2020)

Initiation of Anti-dumping investigation concerning imports of Plain Medium Density Fibre Board having thickness 6 mm and above produced by M/s Kim Tin MDF Joint Stock Company, Vietnam....

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Safeguard Investigation of imports of Phthalic Anhydride from Korea

Case No. SG-08/2019 (11/05/2020)

Preliminary Findings of Bilateral Safeguard Investigation concerning imports of Phthalic Anhydride into India from Korea under India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017...

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ISD: Office of supplier of goods or services or both’ under GST

1) Introduction : The concept of input service distributor exists even in the earlier service tax law. This has been borrowed into GST, entitling a person who is registered as an Input Service Distributor (ISD) to distribute the credit in respect of input services (and not inputs) received in its name. Given that services are […]...

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