"03 November 2020" Archive

Revocation application under GST in Form GST REG-21

In simple term, revocation means reversal. Under Goods and Services Tax (GST) revocation application in Form GST REG-21 means applying for reversal of cancellation of GST registration. Only the taxable person, whose GST registration is cancelled by the proper officer, can apply for revocation of cancellation of GST registration in Form GS...

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Issue of section 131(1A) notice after conclusion of Income Tax Search & Seizure

Issuance of notice under section 131(1A) of the Income Tax Act, 1961 after conclusion of Income Tax Search and Seizure under section 132 of the Income Tax Act, 1961. Introduction: Ever since the enactment of the original Income-tax statute of 1922, the Income-tax authorities have been vested with certain powers that are coterminous with t...

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Family Owned business In India

Family held and run businesses are the oldest and most prevalent form of business ownership anywhere in the world. Family businesses form the backbone of any country’s prosperity and economy. In India, keeping business ownership within a family is a deeply-rooted practice since ages. India enjoys a rich and glorious history of family-ow...

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Exempted Supply in light of Composite Supply under GST

As a principle exemptions are extended in tax statues to grant relief or ease the burden of consumers keeping in view the interest of general public at large. Thus inclusion of an exempted supply under the tax net by combining the same with a taxable supply under the notion of them being composite supply tends […]...

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Refusal To Transfer Securities & Rectification of Register of Members – Microscopic View

This article has been drafted with a view to explain and amplify the scope and applicability of Section 58 and Section 59 of Companies Act, 2013 dealing with refusal or neglect to transfer or transmission by company and appeal thereof and rectification of register of members. For the proper appreciation of Section 58 and 59, […]...

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National Appellate Authority For Advance Ruling- Under GST

The provision of National Appellate Authority has been created by virtue of Section 104 of the Finance (NO.2) Act, 2019 and in section 95 (a) of the CGST Act,2017 after the words ‘Appellate Authority’, the words ‘or the National Appellate Authority’ has been inserted. The “National Appellate Authority” means th...

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GST TRAN-1 Form Revision application rejection without hearing arguments was unjustified

R.P. Foam Pvt. Ltd. Vs Union of India (Allahabad High Court)

R.P. Foam Pvt. Ltd. Vs Union of India (Allahabad High Court) In view of the submissions made at the bar and on perusal of the order dated 22.1.2020, it is clear that the rejection of the application is based upon the understanding that the GST TRAN-1 could not be filed on account of technical glitch […]...

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No Service Tax on Bariatric Surgery as same is Life-Saving Procedure

Mohak Hi Tech Speciality Hospital Vs Commissioner Of Central Excise, Customs and Service Tax (CESTAT Delhi)

The issue under consideration is whether service tax can be imposed on bariatric surgery even if it is a life-saving procedure? Bariatric Surgery cannot be considered as a Cosmetic or Plastic Surgery, and hence the same is not a taxable service within the meaning of clause (105) (zzzzk) of Section 65 of the Finance Act, 1994....

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CBDT condones delay in filing of Form No. 10BB for AY 2016-17 & subsequent years

Circular No. 19/2020-Income Tax 03/11/2020

In all the cases of belated applications in filing of Form No. l OBB for years prior to AY. 2018-19, the Commissioners of Income-tax are authorized to admit such applications for condonation of delay u/s 119(2)(b) of the Act. The Commissioner will while entertaining such applications regarding filing Form No. lOBB shall satisfy themselves...

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Scheme for Rebate of State Levies (RoSL)

Circular No. 49/2020-Customs 03/11/2020

As you are aware, Government had notified the scheme for Rebate of State Levies (RoSL) to mitigate the incidence of State VAT and other State taxes on export of garments and made-ups (falling under Chapters 61, 62 and 63 of AIR schedule of duty drawback). In this regard, Ministry of Textiles (MoT)'s various notifications mentioned in Boar...

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