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Archive: 24 August 2020

Posts in 24 August 2020

Does ITC on Immovable Property depends on Dictionary definition/ Other Acts definition???

August 24, 2020 1542 Views 0 comment Print

When we read the text of Section 17(5)(d) together with its explanation, we find that for triggering the restriction under this clause, certain criteria have to be satisfied viz: a) The goods or services should be used for construction of immovable property. b) The construction can be in the form of reconstruction, renovation, additions or alterations or […]

Blocked GST Credit on Construction of Immovable Property

August 24, 2020 10500 Views 0 comment Print

This brief expression of thoughts highlights and enumerates the basics of this one of the most contentious issues in the subject. Here, author has reproduced the provision of blocked credit and compiled a list of judicial discords pending relating to this very aspect across the various high courts of the country. Section 17(5)(c) and 17(5)(d) […]

Unregistered valuer Appointment violates CIRP Regulations & IBC 2016

August 24, 2020 504 Views 0 comment Print

Mr. Rajneesh Singhvi, the RP, has appointed Mr. Abhishek Ahuja, who was not a registered valuer as on the date of his engagement, as a valuer for valuation of assets of CD. This conduct of Mr. Singhvi is in contravention of the following provisions of the Code and Regulations:- I (a) Clause (d) of sections […]

How To Memorize Case Laws?

August 24, 2020 4728 Views 1 comment Print

If you are pursuing, CA, CS, CMA, or LLB, etc. you might have come across many case laws but at times it becomes difficult to memorize them. In this write-up, I am going to share the trick to memorize any case law. So read on… Hello Students, Hope you are doing good and safe. In […]

Refund of IGST – circulars can not prevail over statute

August 24, 2020 1563 Views 0 comment Print

1. It is ruled by Hon’ble HIGH COURT OF MADRAS in case of Precot Meridian Ltd that the department cannot refuse the refund of IGST for goods exported from India by relying on a circular which are issued only to clarify statutory provision and it cannot alter or prevail over statutory provision. 2. Statutory Provisions: […]

GST Cancellation & Revocation of Registration – With lower/Nil Late Filing Fee

August 24, 2020 11367 Views 1 comment Print

With the object of giving boost to Indian Economy and to give another opportunity to GST Dealers whose GST Registration has been cancelled Suo-Motto by GST officer due to non filing of GST returns for a specified period but dealer want to revoke their cancelled GST Registration, GST Department has introduced a new scheme, so […]

SC explains Excise Valuation Principal for under Invoiced Goods pre & Post 01.07.2000

August 24, 2020 1338 Views 0 comment Print

Commissioner of Central Excise Vs Cera Board and Doors (Supreme Court) In fine, these appeals are disposed of, confirming the impugned orders of CESTAT setting aside the Orders ­in­ Original passed by the Adjudicating Authorities and remanding the matters back for re­adjudication. However, while carrying out the exercise of re­adjudication, the Adjudicating Authorities should keep […]

Emails being to taxpayers for payment of interest are mere intimations & not orders

August 24, 2020 1458 Views 0 comment Print

This office is conscious of the procedure required to be followed by it to recover and will initiate the recovery proceeding with issuance of show cause notice, working of interest calculation and further actions as per provision of law. There is no intention of this office to directly recover interest under Section 50 of the CGST / MGST Act, 2017.

SC Overrides Agreement while Compensating Flat Buyer for delayed possession

August 24, 2020 46512 Views 2 comments Print

Delays and defaults are common in real estate development. The Flat buyers are usually left in the lurch where the Developer delays the delivery of the constructed units incessantly. This prompted the government to enact Real Estate (Regulation and Development) Act, 2016.

Master Circular for Mutual Funds

August 24, 2020 3006 Views 0 comment Print

For effective regulation of the Mutual Fund Industry, Securities and Exchange Board of India (SEBI) has been issuing various circulars from time to time. In order to enable the industry and other users to have an access to all the applicable circulars at one place, Master Circular for Mutual Funds has been prepared.

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