"25 May 2020" Archive

GST Series Part 6- Power to Grant Exemption From Tax | Section 11 | CGST Act 2017

1. The operation of the taxing statute needs flexibility along with certain power for the smooth implementation of the provisions. Sec 11 of CGST Act 2017 provides the power and flexibility to the Government to grant exemptions on the recommendation of GST Council. 2. Sec 11(1) of CGST Act – Statutory Provision : Where the […...

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Charitable & Religious Trusts – GST Implications

With the introduction of Goods & Services Tax Act (GST), the taxability of various transactions in different sectors of the Industry has got changed. In this article, we will discuss about the impact of GST on organizations which works without profit motive i.e. for Charitable & Religious purposes. Charitable & Religious Trust...

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Various receipts of income Vs Aggregate Turnover & Taxability under GST Law

Very often we come across situations where incomes derived through a particular nature have to be analysed for tax treatment under both Income Tax Act 1961 as well as GST Law. We had a different scenario in pre GST era, where service tax was levied based on the provisions of Finance Act, VAT was levied […]...

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The Unending Transitional Credit Saga under GST

The topic of transitional credit in GST regime has been a matter of debate over last three years and the jurisprudence in this regard has been contradicting throughout Courts. Recent decisions, on the subject matter, adds a fresh preceptive and narrates yet another conflicting story about the future of the taxpayers who are still struggli...

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GST Revocation Process after Suo Motto GST Registration Cancellation

Dear readers, as we all know, COVID-19 is becoming a big enemy of whole business community. Due to lockdown, small dealers are suffering the most because they are not able to open their shops and due to cash crunch situation they are not able to file their GST Returns because they have no funds to […]...

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FAQ’s on GST on Real Estate Transaction

GST  REAL ESTAE TRANSACTION:- In this Article We will discuss here mainly GST implication on Affordable housing Scheme (AFS) and other than Affordable housing Scheme (AFS) in Real Estate Sector. A number of issues have been raised and taxpayers have different opinion regarding the new GST rate structure notified for real estate sector ef...

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GST: Updates on Supply to Government Via Sub Contract

GST: UPDATES ON SUPPLY TO GOVERNMENT VIA SUB CONTRACT IS EXEMPT? M/s. Nurserymen Cooperative Society Ltd (GST AAR Karnataka) Case: 1. Appellant has received contract from Government departments for undertaking gardening and landscaping activities. 2. In order to execute the work, the Appellant has engaged sub-contractors. 3. The sub-contr...

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Relief under Taxation Laws Amid Covid-19 Pandemic

As the impact of Covid 19 deepens and the cost of the outbreak rises, the outbreak has been termed as pandemic by the World Health Organisation and various Governments including Government of India. Social distancing has been unequivocally accepted to be the best way to contain its spread, leading to announcement of complete lockdown in [...

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Time To Differentiate Between FPS & FTS – Brief Analysis of Amended Section 194J For AY 2021-22

For financial year 2020-21 (PY 2020-21 / AY 2021-22), the Finance Act, 2020 seems to have created few issues by unsettling some sections which were very well otherwise settled. In an attempt to cover revenue leakage, abolishing tax-evasion methods and to make law simpler – seeds of confusion and lack of clarity have been roped [&hel...

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Interpretation of Deeming Provisions in Income Tax Act – A Deep Dive

Deeming provisions are important part of statutes in general and Income Tax Act (‘Act’) in particular. Without deeming provisions modern tax legislation cannot think of implementing effective tax administration. Considering the recent trend, one gets amused how much legislature has got creative in imagining tax fictions to collect rev...

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