"29 July 2021" Archive

Treatment of Transfer of business as a going concern under GST

I have received queries from our colleagues on if a business men has transferred  his business as a going concern, How can treat such transfer of business as a going concern under GST. So, I am trying to explain how to treat such transaction as a going concern and what is tax impact under GST […]...

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Payment of interest liability in installments is allowed due to pandemic situation

Aich Brothers Vs Union of India (Gauhati High Court)

Aich Brothers Vs Union of India (Gauhati High Court) The Hon’ble Gauhati High Court in the case of M/s. Aich Brothers v. the Union of India [WP(C)/3222/2021, dated July 13, 2021] directed the assessee to approach the Revenue Department with an application to pay the outstanding dues against the interest liability for delayed filing of [...

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Burning Questions in GST with analysis of latest Judgements ( Part-II)

1. Denial of input tax credit to recipient  and recovery from him if supplier fails to pay tax to Government. ( section 16) 2. Some issues on blocked credit under section 17(5). 3. Is it appropriate to deny renovation of cancellation of registration saying that the taxpayer has wrongly availed ITC under section 30?...

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Extension of limitation under GST Law in terms of Hon’ble SC Order dated 27.04.2021

The Government has issued notifications under Section 168A of the CGST Act, 2017, wherein the time limit for completion of various actions, by any authority or by any person, under the CGST Act, which falls during the specified period, has been extended up to a specific date, subject to some exceptions as specified in the said notificatio...

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Refund cannot be rejected on flimsy grounds

Nupur Viniyog Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)

Nupur Viniyog Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) M/s. Nupur Viniyog Private Limited (Appellant) filed refund of Service Tax paid on the taxable specified services for export of goods made under Bills of Export. Order-in-Original (OIO)- Sanctioned refund. Being aggrieved, Department filed appeal before Commis...

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GST Evasion: Bail rejected due to severity of allegations & conduct of assessee

Rejected anticipatory bail application due to severity of allegations and conduct of assessee In Directorate General of CGST Intelligence (Delhi East Unit) v. Saurav Gupta [Bail Application No. 1423/21 decided on July 28, 2021] Saurav Gupta (Respondent), 90% shareholder of M/s Saurav Beverages Private Limited (Company) filed anticipatory ...

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HC directs assessee to pay tax for pre-registration period in DRC-03 considering technical limitation in portal

Court directed the department to make appropriate changes in the portal so as to enable the Petitioner to file returns and dismissed the petition. Further, If such payment is effected, the recipients of the Appellant shall not be denied ITC only on the ground that the transaction is not reflected in GSTR 2A....

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TDS Return Filing Through NSDL RPU

There are many paid software’s are available for TDS Return preparing. However NDSL has provided their own Software which is very simple & easy to use. We can use the same for TDS Return Filing. If Assessee has done online registration on Income tax site then entire process become online. Advantage is that we can […]...

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GST payable at the time of transfer of possession/rights in building to Landowner

This AAR deals with the point of taxation and time of supply with respect to flats allotted (transfer of possession) to landowner by the builder Post-GST implementation and entered in agreement fixing the total number of flats to be allotted in Pre-GST period....

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Reopening assessment under Section 148 without recording reasons is bad in law

DCIT Vs SECL (ITAT Raipur)

In present facts of the case, it was observed that in the absence of  reasons, the jurisdiction assumed under section 148 of the Act to reopen a completed assessment is clearly void ab initio and consequently, assessment order is bad in law....

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