"01 August 2020" Archive

Composite & Mixed Supply and composition levy under GST

When someone want to find tax liability for composite and mixed supply or for composition levy, he must understand the three terms before arriving at decision to tax the transaction. These three terms are distinct with each other and having distinct impact on tax liability of a taxpayer. Therefore we should understand the meaning of [&hel...

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Deficiency in GST refund application cannot be raised at belated stage

Jain International Vs Commissioner of Delhi Goods (Delhi High Court)

Jain International Vs Commissioner of Delhi Goods (Delhi High Court) Admittedly, till date the petitioner‟s refund application dated 4th November, 2019 has not been processed. As neither any acknowledgment in FORM GST RFD-02 has been issued nor any deficiency memo has been issued in RFD-03 within time line of fifteen days, the refund ap...

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Debit Note & Credit Note | Section 34 | CGST Act 2017

Credit Note & Debit Note is described as a document on which tax incidence can be passed or excess tax can be refunded or credited back. Section 34 of the CGST Act, 2017 covers the provisions of Credit Note and Debit Note....

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TCS Mechanism under GST

TCS and TDS have some similar and dissimilar features. TDS refers to tax that is deducted when recipient makes some payments under a contract etc. whereas TCS refers to tax which is collected by the e-commerce operator when a supplier supplies through its portal and the payment for that supply is collected by the e-commerce […]...

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Non resident Taxable Person | Section 2(77) | CGST Act 2017

Section 2(77) of CGST Act defines Non-resident taxable person (NRTP) as any person who occasionally undertakes transactions involving supply of goods /services, whether as principal/agent/in any other capacity, but who has no fixed place of business/residence in India. Therefore it covers all such person who is involved in supply of goods...

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Impact of ITC & relevance of refund due to merger, Demerger, Spin-off & Split

Impact of ITC and relevance of refund due to merger, Demerger, Spin-off and Split within India as well as Outside India. Nowadays corporate restructuring has become a need for change in the organizational structure, or business model of a company. It is done majorly to expand the business, revive a declining business, increase a company...

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Set off of long term capital loss against STCG on depreciable assets sale

The long term capital loss (LTCL) can be set off against the short term capital gain (STCG) arise on depreciable assets u/s 50 of income tax act, 1961 As per provisions of section 74(1)(b) loss related to a long term capital gain can be set off against the long term capital gain. Long Term Capital […]...

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Taxability of Joint Development Agreement under Income Tax Act, 1961

Joint Development Arrangement (JDA) has always been an area of conflict between the assessee and the tax department. In real estate sector JDA i.e. Joint Development Agreement has emerged as most popular arrangement between land owner and developer. In this article I will explain taxability of JDA under Income tax law. Meaning of Joint De...

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Difference between LLP and One Person Company

Difference between Limited Liability Partnership (LLP) and One Person Company (OPC) Choice of Business- An Important Decision Selection of the form of business entity is one of the most important decisions before starting a business. This decision is required to be revisited periodically as the business develops. In this Edition we the di...

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Annual Compliances for One Person Company (OPC)

One Person Company (OPC) is a choice of Business entity for entrepreneurs who want to have full control over the business. OPC is a type of Private Company as per Section 2(68) and Section 3(1) (c). Rule 3 of the Companies (Incorporation) Rules 2014 say, only a natural person who is an Indian citizen and […]...

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