"27 August 2020" Archive

Prospective effect is not at all a problem – Interest on GST Liability

Notifcation No. 63/2020- Central Tax

Prospective Effect is not at all a Problem – Interest on GST liability “Every single move in life have Double Effect i.e. prospective as well as Retrospective” Introduction Interest is always considered as compensatory in nature and it has been imposed on a registered person who has failed to pay the tax liability within the [&helli...

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Calculation of Interest & Late Fees on Late Filing of GSTR-3B & GSTR-1

As we all know, during Covid – 19 Government has come up with few notifications on 03rd April, 2020, 24th June, 2020 & 30th June, 2020 for the purpose of extending the due dates for filing of GSTR-3B and GSTR-1 for various months. In this article I am trying to clarify the manner of calculation […]...

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Interest for delayed GST payment – Proviso to Section 50(1)

Introduction: Before implementation of GST, government was planning to collect good fund through it but it remains the dream and actual fund collection continuously remain short from the budgeted value. Now, government is planning to collect approx. 46000 crore through interest on delayed payment of tax. Notices has started to the assesse...

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Interest on late Payment of GST

The taxpayers contended that interest on delayed payment of GST should be levied on the net tax payable i.e. amount debited from electronic Cash Ledger whereas the department contended that interest should be levied on the gross amount of tax payable....

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CESTAT explains Service Tax on Site Formation Services

M/s. Sem Construction Vs C.C.E. & S.T. (CESTAT Ahmedabad)

M/s. Sem Construction Vs C.C.E. & S.T. (CESTAT Ahmedabad) Brief facts of the case are that the appellant had been awarded a contract under agreement dated 01.04.2011 by M/s. Archelean Chemical Private Limited at Rann of Kutch for job of “metal spreading for supply un­course black Trap Rubble stone” and its spreading/dressing alon...

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Clarification on Extension of AGM for FY ended at 31.03.2020

Clarification on Extension of Annual General Meeting (AGM) for the financial year (FY) ended as at 31.03.2020- Companies Act, 2013 [ICSI once again has made a request dated 26.08.2020 to MCA for extension for holding AGM due to COVID-19] The Ministry of Corporate Affairs (MCA) vide General Circular No. 28/2020 dated 17th August 2020 has ...

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HC Stays Insolvency Proceedings initiated by SBI against Anil Ambani

Anil Dhirajlal Ambani Vs State Bank of India (Delhi High Court)

Anil Dhirajlal Ambani Vs State Bank of India (Delhi High Court) Issue notice. Mr. Nirav Shah accepts notice on behalf of respondent No.1; Mr. Akshay Makhija accepts notice on behalf of respondents No.2 & 3; Mr. Vikas Mehta accepts notice on behalf of respondent No.4; and Ms.Kavita Jha accepts notice on behalf of respondent No.5. [&hel...

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Offences & penalties / Section 134-138/CGST Act 2017

Simplified GST Series /Offences & Penalties /Section 134-138/CGST ACT 2017 Article explains Provisions of Section 134- Cognizance of offences, Section 135- Presumption of culpable mental state, Section 136- Relevancy of statements under certain circumstances, Section 137- Offences by Companies  and Section 138- Compounding of offence...

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Audit Under Goods & Services Tax Act, 2017

BACKGROUND Audit under indirect tax laws is not a new concept. This concept of audit was also existing in the erstwhile Central Excise laws, State level VAT laws and Service tax laws. Audit is a tool available to the tax department to review and verify transactions entered into by a taxpayer to ensure tax compliance […]...

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All You Need To Know About Presumptive Taxation Scheme!

The Presumptive Taxation Scheme, according to sections 44AA of the Income-tax Act, 1961, was introduced to relieve the small business owners and income professionals from maintaining a book of accounts. They will now be enabled to declare their total taxable income at a predefined rate....

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