"20 June 2020" Archive

SC stays Delhi HC decision in case of Brand Equity -Transitional credit

Union of India Vs Brand Equity Treaties Limited & Ors. (Supreme Court)

Supreme Court has stayed Delhi HC decision in case of Brand Equity Treaties Limited Vs Union Of India which permitted the assessee to file Form Tran-1 on or before June 30, 2020....

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No ITC on transportation of employees which is not obligatory under Law

In re Prasar Bharti Broadcasting Corporation of India (GST AAR Himachal Pradesh)

 If the facility provided by a taxpayer for transportation of employees is not obligatory under any law, for the time being in force then no ITC will be available to such a taxpayer. The applicant will however be eligible to claim ITC for the service supplied at 12% GST Rate if the conditions laid down in the second proviso to section 17...

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Include CMA services in Desk Review system of GST Audit

In Desk Review, CMAs can also be a good assistant to CBIC and can guide to Govt. Officials which documents are necessary to scrutiny and review properly before field visit according to nature of business which in result will prevent revenue leakage of Govt....

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RCM Liability on Government Services

Under GST Law, Section 9 of the CGST Act, 2017 and Section 5 of the IGST Act, 2017 empowers the Central Government to notify such goods and services on supply of which the recipient shall be liable to pay applicable GST under the Reverse Charge Mechanism....

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Transitional credits in GST – a litigation saga….

Taxpayers, subject to certain conditions, could transition un-utilised input tax credits under the erstwhile laws say, Central excise, Service Tax and State VAT laws into GST by filing Form GST TRAN-1. In regard to transitional credits, intense legal battles were fought on certain contentious issues like is it a vested right or a conditio...

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Analysis of E- Commerce Operator in GST

INTRODUCTION: In the present article I will discuss the important aspects of E-Commerce Operator (in short “ECO”) in GST. In this era ECO plays an important or vital role in our life and it have impact not only to the market but day to day life of human being also.  To understand the GST law […]...

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Buy-Back of Securities under Companies Act, 2013

BUY-BACK OF SECURITIES I. Applicable provisions: > Companies Act, 2013 – Section 68 – Section 69 – Section 70 – Rule 17 of The Companies (Share Capital and Debentures) Rules, 2014 > SEBI – Securities and Exchange Board of India (Buy-back of Securities) Regulations, 2018. II. What is Buy-Back? There is n...

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Bail granted to Youth accused of Evading GST by bogus invoices

In a recent judgment, the High Court of Punjab & Haryana, in case of Abhishek Modgil Vs State of U.T. Chandigarh, dated June 12, 2020, granted anticipatory bail to 24 years young boy accused on account of committing an offence of tax evasion to the tune of Rs. 4,02,00,136 by generating bogus invoices of sales and […]...

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Incentive for export of agriculture products – An overview

In order to boost the economy and promote exports from India, there has been various schemes notified under Foreign Trade Policy (2015-20) giving the incentive to the exporters to make the Indian products price competitive in the international markets. Further it is also clear that the taxes should not be exported as per the internationa...

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Section 17 | Apportionment of credit & blocked credit | Simplified

The input tax credit eligibility is based on the fact as to whether the goods or services or both are used for taxable supplies or exempt supplies. Where the goods or service or both are used for both taxable and exempted supplies, only proportionate credit is allowed to a registered person....

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