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Archive: 09 June 2020

Posts in 09 June 2020

No Prosecution of Chairman/Director without Impleading Company as Accused – Section 138 NI Act

June 9, 2020 6288 Views 0 comment Print

Bhupendra Suryawanshi Vs Sai Traders (Madhya Pradesh) The proviso to Section 138, however, is all important and stipulates three distinct conditions precedent, which must be satisfied before the dishonour of a cheque can constitute an offence and become punishable. The first condition is that the cheque ought to have been presented to the bank within […]

Levy and Collection | Section 9 | CGST Act 2017

June 9, 2020 11598 Views 4 comments Print

SECTION 9- Levy and Collection – In my previous articles we have discussed Section 7 and 8 now we will discuss today Section 9 very important section of CGST ACT 2017 in simplified manner. Section 9 is the charging provision of the CGST Act. It provides the maximum rate of tax that can be levied […]

Major changes in notified ITR-7 – AY 2020-21

June 9, 2020 7053 Views 2 comments Print

Changes in the notified ITR-7 for AY 2020-21 1. Corpus donation not to be considered as an application of Income –Schedule ER-Part B : ITR-AY 2019-20 had the details of Donation made towards the Corpus fund of Donee Society/Trust. However, in ITR-AY 2020-21, only Donation-Other than Corpus in Part B of Schedule ER 2. Disallowable […]

Types of Audit under GST

June 9, 2020 20829 Views 0 comment Print

(I) Mandatory GST Audit (Section 35 of CGST Act, 2017) Conducted by CA / CMA where aggregate turnover exceeds Rs. 2 crore. -This is a mandatory audit by CA / CMA where aggregate turnover exceeds Rs. 2 crore. -Form used for this is GSTR-9C. -Due date for filing GSTR-9C is 31st December of following year […]

MSME Registration – Beneficial or Not?

June 9, 2020 3807 Views 2 comments Print

DEFINITION OF MSMEs Definitions of Micro, Small & Medium Enterprises In accordance with the provision of Micro, Small & Medium Enterprises Development (MSMED) Act, 2006 the Micro, Small and Medium Enterprises (MSME) are classified in two Classes: Manufacturing Enterprises- The enterprises engaged in the manufacture or production of goods pertaining to any industry specified in […]

Convening EGM for removal & appointment of director- Brief note

June 9, 2020 72168 Views 0 comment Print

Convening of Extra Ordinary General Meeting of the Company by the  Members for Removal of Director and Appointment of other Director in his  place. 1. Relevant Sections- Section 169, Section 152, Section 100, Section 115 of the Companies Act, 2013. 2. To Remove Director suo-moto by the shareholders Section 169 of the Companies Act, 2013 […]

Doctrine of Fresh Slate and Essar Steel Ruling- A Case for Disputed Claims Post Resolution Plan

June 9, 2020 4857 Views 0 comment Print

Introduction The fundamental legislative intent behind the enactment of IBC has been the resolution of Corporate Debtors. Compared to previous laws, the distinguishing feature of the Code is that it does not to operate as a mere debt recovery route for creditors. The doctrine of fresh slate is of much significance in achieving the objective […]

GST on construction of Water Park, Water Slides, Wave Pool etc.

June 9, 2020 5580 Views 0 comment Print

In re Atriwal Amusement Park (GST AAR Madhya Pradesh) Regarding the eligibility of ITC in case of Input Tax paid on Purchase of Water Slides, we have to state that Water Slides shall fall within the meaning of the term apparatus, equipment and machinery and therefore, shall be eligible for claim of ITC. Regarding the […]

No service tax on KIADB for discharging statutory function

June 9, 2020 3582 Views 0 comment Print

Assessee was not liable to pay the service tax at all as it was a statutory body discharging the statutory function as per the statute Karnataka Industrial Areas Development (KIAD) Act, 1966 and hence was not liable to pay service tax.

CBIC extends validity of e-way bills to 30th day of June

June 9, 2020 5574 Views 0 comment Print

CBIC extends validity of e-way bill generated on or before 24.03.2020 (whose validity has expired on or after 20th day of March 2020) till the 30th day of June vide Notification No. 47/2020 –Central Tax Dated: 9th June, 2020. This can be summarized as follows: E-Way Bill Generated on or before Validity has Expired on […]

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