"22 February 2021" Archive

CBIC provides facilitation for exporters having IGST refund issues

CBIC has extended the time limit for sanction of pending IGST refunds in such cases where records have not been transmitted to ICEGATE due to GSTR1 and GSTR3B mismatch error....

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Posted Under: Custom Duty |

Exclusion of small scale ice cream manufacturers from composition scheme benefit to be reconsidered by GST Council

The Hon’ble Delhi High Court in Del Ice Cream Manufacturers Welfare’s Association v. Union of India and Anr. [Writ Petition No. 5252/2019 and others dated February 9, 2021] directed the GST Council to reconsider the exclusion of small scale manufactures of ice cream from the benefit of Composition Scheme under Section 10(1) of the Cen...

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Posted Under: Custom Duty |

Bogus Purchases: Only GP can be added as undisclosed income

Parnami Pump & Projects Pvt. Ltd. Vs DCIT (ITAT Delhi)

Parnami Pump & Projects Pvt. Ltd. Vs DCIT (ITAT Delhi) Bogus Purchases Cannot Be Wholly Disallowed Without Disallowing Sales Only Gross Profit (GP) Rate Should Be Added as Undisclosed Income We find that the Assessing Officer had issued summons u/s.131 to the proprietor of the said entity from whom assessee has made purchases, but tha...

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Leave Travel Concession Section (LTC/LTA) 10(5) of Income Tax Act, 1961

The Income Tax Act 1961 provides certain exemption from salaries apart from deduction from Chapter VI A. Exemptions refers to certain part of salary is not considered as a income while calculating taxable Income. Deductions means a certain amount of saving or Expenditure for Specific reason is allowed to deduct from your Gross Taxable Inc...

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Posted Under: Custom Duty |

Electronic Commerce operator in GST regime

Electronic Commerce has been defined in Sec. 2(44) of the CGST Act, 2017 to mean the supply of goods or services or both including digital products over the digital or electronic network. Electronic Commerce Operator has been defined in Sec. 2(45) of the CGST Act, 2017 to mean any person who owns, operates or manages the digital or electr...

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Posted Under: Custom Duty |

GST: Revenue cannot attach bank accounts having debit balance

Skylark Infra Engineering Pvt. Ltd. Vs Additional Director General (Punjab & Haryana High Court)

Skylark Infra Engineering Pvt. Ltd. Vs Additional Director General (Punjab & Haryana High Court) The object and intention of legislature to endow Commissioner with power of attachment under Section 83 is very clear. It is drastic and far-reaching power which must be used sparingly and only on substantive weighty grounds and reasons. T...

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Provisional Attachment under GST- Caution to be Exercised

Now a days we have seen that  the GST department is frequently using the powers which is envisaged to it in the sec.83 of the CGST act w.r.t. to provisional attachment of the properties of the tax payer . Now voices have arose against frequent and general use of the such harsh powers even in […]...

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Posted Under: Custom Duty |

GST RULE 86B Restrictions on use of amount available in electronic credit ledger

In order to avoid fake invoicing and curb tax evasion the Central Board of Indirect Taxes and Customs (CBIC) has introduced new rule 86B vide notification number 94/2020 dated 22nd December, 2020. Rule 86B is made effective from 1st January 2021 wherein the registered person shall be required to pay 1% of GST liability in cash […]...

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Posted Under: Custom Duty |

Direction to UOI & CBDT – Exercise of power under CGST Section 83

Direction to Union of India (UOI) and CBDT for issuing appropriate instructions or guidelines to the exercise of power under Section 83 of the CGST Act, 2017 Generally, in each and every matter in which proceedings under Section 67 of the CGST Act, 2017 are initiated, an order of provisional attachment of the bank accounts […]...

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Posted Under: Custom Duty |

Cancellation of exemption of June 2019 Session of CS Foundation Exam

ATTENTION FOUNDATION STUDENTS!! Cancellation of exemption granted on the basis of 60% or more marks in June 2019 Session of Foundation Examination Students of foundation stage who have been granted exemptions based on attaining 60% or more marks in June 2019 are hereby informed that the said exemptions stands cancelled with immediate effe...

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Posted Under: Custom Duty |

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