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Archive: November, 2020

Posts in November, 2020

Imports from North Korea (KP)/Exports to North Korea (KP)- reg.

November 18, 2020 984 Views 0 comment Print

The undersigned is directed to refer to the United Nations Security Council’s (UNSC) Resolution relating to the above subject, the latest being 2397 (2017). The UNSC’s resolutions have been adopted by Government of India and the above stated resolution has been given force in law by way of DGFT Notification No. 52/2015-20 dated 07.03.2018.

GST- Quarterly Return & Monthly Payment Scheme (QRPS)

November 18, 2020 21171 Views 2 comments Print

The GST Council in their 42nd Meet on 5th October 2020 proposed a quarterly return filing system for small taxpayers having aggregate turnover up to Rs 5 crores with effect from 1st January, 2021. Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 143/13/2020- GST on 10th November 2020, outlining guidelines and […]

Income Tax Relief for home buyers & Real Estate Developers

November 18, 2020 14385 Views 4 comments Print

In a recent press conference conducted by the Hon’ble Finance Minister Ms. Nirmala Sitharaman on 12th November 2020 followed by a press release dated 13th November 2020, Diwali gift for the real estate developers and home buyers was announced in the form of income tax relief where a new amendment was proposed in section 43CA […]

Faulty Definition of Intra-State Supply for Levy of GST by States

November 18, 2020 4080 Views 0 comment Print

The recommendation of the Goods and Services Tax Council (GST Council) made to States provides that States shall levy State Goods and Services Tax on ‘intra-State supply’ as defined in section 8 of the Integrated Goods and Services Tax Act, 2017.  In my personal opinion, such recommendation is not in conformity of scheme of levy […]

Haryana State Employment of Local Candidates Bill, 2020

November 18, 2020 4434 Views 0 comment Print

Legislative Assembly of Haryana government on November 5, 2020 passed a ‘Haryana State Employment of Local Candidates Bill, 2020’, (the Bill). The Bill paves a way for more employment opportunity for locals in private sector. Similar to the bill introduced by Andhra Pradesh Government, Haryana too has announced that 75 per cent of private sector jobs in the state, till a certain salary slab, shall be reserved for local candidates.

Section 171(3A) penalty cannot be levied retrospectively: NAA

November 18, 2020 810 Views 0 comment Print

Kerala State Screening Committee on Anti Profiteering Vs TTK Prestige Ltd. (NAA) Since, no penalty provisions were in existence between the period w.e.f. 01.11.2017 to 31.08.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. Accordingly, the notice dated […]

Penalty for violation of Section 171(1) provisions come into force w.e.f. 01.01.2020

November 18, 2020 2733 Views 0 comment Print

Kumudchandra Atmaram Patel Vs TTK Prestige Ltd. (NAA) vide Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171 (1) which have come in to force w.e.f. 01.01.2020, by inserting Section 171 (3A). Since, no penalty provisions were in existence between the period w.e.f. […]

Compass Group allowed to withdraw application by AAR Telangana

November 18, 2020 660 Views 0 comment Print

In re Compass Group (India) Support Services Private Ltd. (GST AAR Telangana) In the reference 1st cited, M/s. Compass Group (India) Support Services Private Limited, has sought certain clarification by filing an application for Advance Ruling. Through the reference 2nd cited, All the Joint Commissioner(CT), All Deputy Commissioners(CT), All the Assistant Commissioners(CT), All the Senior […]

Lease with RLDA for a period of 99 years not exempt from GST: AAAR

November 18, 2020 2073 Views 0 comment Print

In re Hazari Bagh Builders Pvt Ltd (GST AAAR Rajasthan) 1. Appeal by the party is rejected. It was held that one amount paid as 1st installment of lease premium before Lease agreement cannot be treated security deposit and not exempted from GST. 2 RFP issued for development of land for residential purpose and consequently leased, […]

No GST exemption on services related to imported agriculture products after cargo reaches Port

November 18, 2020 2970 Views 0 comment Print

In re Karaikal Port Private Limited (GST AAR Puducherry) Whether  exemption provided in Sl. No.54(e) under Heading 9986 of GST Notification No. 12/2017-Central Tax (Rate) dt.28.06.2017 applies while rendering services such as loading, unloading, packing, storage or warehousing of imported agriculture products including wheat, to any importer or trader? The services of loading, unloading, packing, […]

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