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Archive: January, 2021

Posts in January, 2021

Customs Authority for Advance Rulings Regulations, 2021

January 4, 2021 6222 Views 0 comment Print

Notification No. 01/2021 – Customs (N.T.)-  CBIC releases Customs Authority for Advance Rulings Regulations, 2021 which relates to filing of Advance Ruling Application. CBIC also released format of FORM CAAR-1 [See regulation 6(1)] Application form for Advance Ruling, FORM CAAR-2 [See regulation 10(1)] Appeal to the Appellate Authority for Advance Rulings and FORM CAAR-3 [See […]

CBI Arrests 3 Superintendents of GST & Central Excise

January 4, 2021 1923 Views 0 comment Print

CBI ARRESTS THREE SUPERINTENDENTS OF GST & CENTRAL EXCISE AND A PRIVATE PERSON IN AN ALLEGED BRIBERY CASE OF RS.10 LAKH New Delhi, 30.12.2020 The Central Bureau of Investigation has arrested three Superintendents of GST & Central Excise, Bhubaneswar and a private person(Accounts Officer of a private Educational Trust/Institute) in an alleged bribery case of […]

Auto-Population of IGST paid amount for SEZ DTA Sale BoE in GSTR-2A

January 4, 2021 3474 Views 0 comment Print

SEZ Online System has been sharing the details of supplies made by SEZ Units to DTA Units under Bill of Entry with GSTN through ICEGATE since July 2017. ICEGATE has completed its arrangements with GSTN to auto-populate the same in GSTR of DTA Buyer (Importer) for BoE information shared by SEZ Online System.

Genuine hardship must be considered before condoning delay: HC remands matter back to PCIT

January 4, 2021 4335 Views 0 comment Print

On the aspect of delay, genuine hardship would have to be considered before condoning the delay and discretion has to be exercised in genuine cases of hardship and accordingly, exercising his discretion, learned single Judge held that application seeking condonation of delay in filing the returns has to be reconsidered.

Input Tax Credit reversal on Sale of Shares/Mutual Funds

January 4, 2021 113126 Views 8 comments Print

In GST regime as well as in the previous regime, ITC on exempted supply of goods or services shall be reversed and not eligible for availment. One such exempted supply is sale of shares/mutual funds. ITC reversal on such supply is discussed as below:

A Journey to Arbitration & Conciliation (Amendment) Ordinance, 2020: A Critical Analysis

January 4, 2021 3183 Views 1 comment Print

President of India, Shri Ram Nath Kovind promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020 on 04th November, 2020 (Amendment Ordinance, 2020) thereby amending the Arbitration and Conciliation Act, 1996 (Arbitration Act) third time.

Section 14A provisions cannot be imported into MAT provisions

January 4, 2021 3486 Views 0 comment Print

Sobha Developers Ltd. Vs DCIT (Karnataka High Court) From perusal of the relevant extract of Section 115JB, it is evident that Sub-Section (1) of Section 115JB provides the mode of computation of the total income of the assessee and tax payable on the assessee under Section 115JB of the Act. Sub-Section (5) of Section 115JB […]

GSTR-1 cannot be amended after expiry of time- Condonation not possible: HC

January 4, 2021 1872 Views 0 comment Print

he petitioner thereafter made an application seeking rectification of the GSTR-1 Form for the period of January 2018 to March 2018. This application was rejected on the ground that the period for making such an application expired at the end of September 2018 as per Section 37 of the West Bengal Goods and Services Tax Act, 2017.

GST: Stop mechanical & Casual bank account attachment: HC

January 4, 2021 3624 Views 0 comment Print

We have noticed over a period of time that in each and every matter in which proceedings under Section 67 of the Act are initiated, an order of provisional attachment of the bank accounts under Section 83 of the Act would follow.

Operational Creditors not entitled to same treatment as given to Financial & Secured Creditors

January 4, 2021 3429 Views 0 comment Print

Pratap Technocrats P Ltd & Ors Vs. Monitoring Committee of Reliance Infratel Ltd & Anr (NCLAT) Brief Facts: The version of appellants says that they were kept unaware of the Corporate Insolvency Resolution Process qua the Corporate Debtor, thus being wholly unaware of the progress of Resolution Process with no details provided by the Resolution […]

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