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Archive: 03 August 2020

Posts in 03 August 2020

Can refund of ‘Input Services’ be now claimed from 1st July 2017?

August 3, 2020 3339 Views 0 comment Print

A refund of the accumulated input tax credit is available to the assessee wherein the accumulation is due to the fact that the rate of tax on inputs is higher than that of the rate of tax on outputs. The mechanism for calculation of the maximum refund amount is provided in rule 89(5) of CGST […]

Fiduciary Duties of a Director

August 3, 2020 39324 Views 0 comment Print

Directors are sine qua non for the functioning of a company. Assuming positions of power mandates the director to conduct the affairs of the company in good faith. In the erstwhile Companies Act of 1956 the duties of directors were only briefly stated in S.291. All cases in relation to duty of a director were […]

Vires of Time Limit prescribed in Rule 117 of CGST Rules, 2017 & Retrospective Amendment in Section 140 of CGST Act, 2017

August 3, 2020 2151 Views 0 comment Print

Vires of Time Limit prescribed in Rule 117 of CGST Rules, 2017 and Retrospective Amendment in Section 140 of CGST Act, 2017 Hon’ble Madras High Court in case of P.R. Mani Electronics Versus Union Of India, The GST Council, The Principal Chief C. GST & C.E, The Asst. Commr of GST & C.E (pronounced on […]

Section 13(8)(b) r.w.s. 2(13) & 8(1) of IGST Act,2017 are not ultra vires & unconstitutional

August 3, 2020 6291 Views 2 comments Print

Hon’ble Gujarat High Court in case of Material Recycling Association of India vs Union of India dated 24.07.2020 deided on the issue Whether the provisions of Section 13(8)(b) r.w.s. 2(13) and 8(1) of the IGST Act,2017 are ultra vires and unconstitutional or not. Facts of the Case 1. The members of the petitioner also facilitate […]

Credit Note / Debit Note | Section 34 | Rule 53 | CGST Act 2017

August 3, 2020 13926 Views 6 comments Print

Section 34 of CGST Act, 2017 read with Rule 53 1) Relevant terms: A. Section 2(41): Document includes written or printed record of any sort and electronic record (B). B. As per clause (t) of section 2 of the Information Technology Act, 2000: “Electronic record” means data, record or data generated, image or sound stored, […]

Encoding of Consumer Protection (E-Commerce) Rules, 2020 – Part 1

August 3, 2020 5343 Views 0 comment Print

The Indian Parliament, on 6 August 2019, passed the landmark Consumer Protection Bill, 2019 which aims to provide timely and effective administration and settlement of consumer disputes.

Accounts & Records – Section 35 – CGST Act 2017

August 3, 2020 70101 Views 6 comments Print

ACCOUNTS & RECORDS – SECTION 35 – CGST ACT 2017– GST SERIES – PART 23 1. Maintenance of accounts and records is one of the important compliance under the GST Act. The term books of accounts include all the records maintained in respect of money, sales, purchases, assets, liabilities, and items of cost. Section 35 […]

P&H HC orders FIR & CBI enquiry into Builder/State connivance & declares construction of Ambience Mall, Gurgaon illegal

August 3, 2020 1770 Views 0 comment Print

P&H HC orders FIR & CBI enquiry into Builder/State connivance & declares construction of Ambience Mall, Gurgaon illegal The Punjab & Haryana High Court in the case of Amitabha Sen v. Raj Singh Gehelot, decided recently on 10-7-2020 has not only declared that the construction of Gurgaon’s famous Ambience Mall illegal but also ordered a CBI […]

Legal Perspective of Crypto As A Currency In India

August 3, 2020 3204 Views 0 comment Print

Introduction: With the developments all around, the need and discussion for virtual currency is witnessing a huge demand all around the globe. For our understanding it is to be noted that a virtual currency has no physical form, and it does not provide its owner with any inherent rights to property or another currency. Traditionally, […]

How to send TDS Certificates automatically

August 3, 2020 17844 Views 5 comments Print

How to send Form 16A automatically with just a click of a button! Follow the following steps to send Form 16A for Quarter 4 of F. Y. 2019-20. You can similarly send Form 16 to employees, Invoices to customers etc. 1. Fill in the Vendor Name, Vendor Email id, Vendor PAN Number in ‘Deductee Details’. […]

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