"24 September 2020" Archive

HC quashes order passed during Lokdown in breach of principles of natural justice

Gobind Enterprises Through Gurjinder Singh Vs State of Gujarat (Gujarat High Court)

Gobind Enterprises Through Gurjinder Singh Vs State of Gujarat (Gujarat High Court) At the outset, it is contended by the petitioner that order is passed on 27.3.2020, when the whole nation was under lock down due to Covid19 and order is served upon the petitioner on 17.6.2020 and therefore, there was no effective hearing and […]...

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Valuation Under GST – Section 15 – CGST Act, 2017

Introduction In case of GST, tax is payable on ad-valorem basis i.e., percentage of value of the supply of goods or services. Thus, it becomes important to know how to arrive at the value on which tax is to be paid. Section 15 of the CGST Act prescribes the provisions for determining the value of […]...

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Role of Payment of consideration in availment of ITC under GST

Role of Payment of consideration in availment of Input tax credit (ITC) under GST Objective and scope: – 1. whether the consideration for any supply can be paid by any other person other than the recipient? 2.If consideration is paid by 3rd party i.e. someone else then whether credit\exemption is available to recipient though there ...

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Unveiling the GST Registration Free of Cost Process

Goods and Service Tax (GST)!! Currently this word brings happiness on the face of Government because of good centralised collection of the taxes and on the other hand this brings tension on the face of the tax payers because of lots of monthly compliances, professional fees, etc etc. If in such scenario someone comes and […]...

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Ways to get away from Late fee under GST

When a registered person delays filing his regular GST return before due dates, he will be liable to pay late fee under Section 47 (2) of CGST Act, 2017. The amount of late fee payable depends on the type of return to filed, no of days of delay and due date for filing such return....

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Job work procedure under GST with reference to E Way Bills

Job Work procedure under CGST Act 2017 with reference to E Way bill Rules 2018. Meaning of Job Work – When the owner of the goods (Principle) sends his goods to a different person  for carrying out certain process, which may or may not result in the change of the specifications of the product, that […]...

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Extend dates for various provisions under GST: BCAS

BCAS submitted the ‘Representation on Extension of dates for various provisions under Goods & Services Tax Act 2017′  to the Finance Minister of India and Chairperson, GST Council. Text of the representation is as follows:- Date: September 24, 2020 To, The Hon’ble Finance Minister & Chairperson, GST Council Nort...

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E-way bill did not mention correct details- Decide case on Merits: HC

M/s. Jaitron Communication Pvt. Ltd. Vs State Of U. P. (Allahabad High Court)

Jaitron Communication Pvt. Ltd. Vs State Of U. P.  (Allahabad High Court) Admittedly, in the facts of the present case the petitioner did accept that the e-way bill with the vehicle did not contain correct description with regard to movement of goods. Another e-way bill (though not available with the vehicle, at the time of […]...

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Section 69: Entire purchases cannot be added as bogus

ITO Vs Abhay Kantilal Shah (ITAT Mumbai)

ITO Vs Abhay Kantilal Shah (ITAT Mumbai) In instant case, as mentioned earlier, the assessee has filed before the AO copies of (i) bank statements for the financial year 2010­11, evidencing the payments made to these parties; (ii) ledger account of all the parties; (iii) purchase invoices from these parties and (iv) sale invoices as [&he...

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CSR expense of Company Prior to 01.04.2015 cannot be disallowed

ACIT Vs Eastern Coalfields Ltd. (ITAT Kolkata): ITA No. 890 & 891/Kol/2019

Amendment in section 37(1) of the Act has been introduced w.e.f. 1st April, 2015 and does not apply on the facts of the case and the disabling provision as stated in Explanation 2 to section 37(1) refers only to such corporate social responsibility expenditure as u/s. 135 of the Companies Act, 2013...

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