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Archive: August, 2020

Posts in August, 2020

How To Memorize Case Laws?

August 24, 2020 5826 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 1914 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 12198 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 1521 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 1722 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 49503 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 3396 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.

No Anti-Profiteering if NO ITC availed by Respondent in post-GST period

August 24, 2020 909 Views 0 comment Print

National Anti-Profiteering Authority (NAA) finds no violation of Anti-Profiteering provisions in construction service. Benefit of ITC not availed post-GST.

No penalty for violation of section 171 Provisions before 01.01.2020

August 24, 2020 1359 Views 0 comment Print

Shri M. Srinivas Vs Director General of Anti-Profiteering (NAA) Respondent has contravened the provisions of Section 171 (1) of the CGST Act, 2017. However, since, the penalty prescribed under Section 171 (3A) of the CGST Act, 2017 for violation of the above provisions has come in to force w.e.f. 01.01.2020 and the infringement pertains to […]

GST: Penalty for Section 171(1) violation effective from 01.01.2020

August 24, 2020 2238 Views 0 comment Print

Ratish Nair Vs Man Realty Ltd. (NAA) In this case Respondent has not passed on the benefit of input tax credit to his buyers w.e.f 01.07.2017 to 30.09.2018 and hence, the Respondent has violated the provisions of Section 171(1) of the CGST Act, 2017. It is also revealed from the perusal of the CGST Act […]

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