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Archive: 03 August 2021

Posts in 03 August 2021

CENVAT Credit cannot be denied on the ground that supplier was not liable to pay duty on goods supplied

August 3, 2021 1854 Views 0 comment Print

GEMSCAB Industries Ltd. Vs Commissioner Central Goods (CESTAT Delhi) In view of the observed admission and settled law, the question of adjudication is answered in negative holding that CENVAT Credit cannot be denied on the ground that the supplier was not liable to pay the duty on the goods supplied. Also it is observed that […]

Section 54F deduction cannot be denied merely for non-registration of conveyance deed

August 3, 2021 3228 Views 0 comment Print

ITAT- Held that, benefit of deduction under Section 54F of the IT Act cannot be denied to the Respondent merely on the ground that conveyance deed has not yet been got registered particularly when the Respondent is proved to be in possession of the property in question out of which the Respondent was already owner in possession of 1/3rd share since 2008 after making a complete payment of the sale consideration to the vendors and has duly proved possession over the property by way of electricity and water charges bills.

Transfer of unutilized ITC in GST cannot be denied on account of technical glitches

August 3, 2021 3774 Views 0 comment Print

Unutilised ITC is an asset and a statutory right in the hands of the dealer that cannot be defeated by any procedural rules on account of technical glitches. Further held that, granting an opportunity of hearing is only to enable the process of decision-making simpler and it is one of the basic principles of natural justice and such technical issues do not stand in the way of rendering justice.

Interest under section 234A For A.Y. 2021-22

August 3, 2021 102525 Views 8 comments Print

Any assessee who has tax payable and don’t file his/her Income Tax Return within the due date specified u/s 139(1) is liable to pay interest u/s 234A. Meaning of Due Date U/s 139(1) Non Audit Cases : 31st July Audit Cases : 31st Oct, Due to Covid 19 CBDT on 20th May 2021 extended the […]

Analysis of Delhi Goods And Services Tax (Amendment) Bill, 2021

August 3, 2021 1209 Views 0 comment Print

The Delhi Assembly on Friday, 30th July, 2021, passed the Delhi Goods and Services Tax (Amendment) Bill, 2021, which the government claimed is aimed at smoothening the taxpaying process, strengthening accountability and minimizing room for tax evasions. Small changes have been made in 15 sections of the Delhi GST Act. These have been incorporated on the basis of experiences […]

Legal Metrology – Act, Rules and Licensing Requirements

August 3, 2021 37545 Views 12 comments Print

What is Legal Metrology Act and why does it exist in India? An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. Now, let’s interpret the […]

Delay in possession – law & legal options for property buyer/allottee

August 3, 2021 12780 Views 0 comment Print

Delayed possession    Delay in possession of the flat or apartment property purchased and allotted is a common occurrence, it is also the principal ground on which a property buyer or allottee usually relies (and often succeeds) in legal action against the builder, developer or promoter. The measure of the delay can be quantified where […]

Amendments in Return of Income (ITR) – Finance Act 2021

August 3, 2021 9360 Views 0 comment Print

1. Section 139(1)(a) explanation has been amended which reads as under: – Explanation 2- In this sub section due date means, – a) Where the assesse is i. A company ii. A person other than company whose accounts are required to be audited under this Act or any other law for the time being in […]

Expiry of e-way bill cannot be presumed as intention to evade tax?

August 3, 2021 7470 Views 1 comment Print

This post is about the decision of the Hon’ble Telangana High Court with regards to the expiry of the e-way bill. Recently, the said High Court passed a very important decision on the e-way bill and it is going to clear confusion about the impact of the expiry of e-way bill on tax aspects among […]

ITC as per GSTR 2A/2B or as per BOOKS

August 3, 2021 27246 Views 6 comments Print

ITC to be taken as per 2A/2B/Books What is ITC? Input Tax Credit Mechanism is available to you when you are registered as a Taxpayer under GST Act whether you are Manufacturer, Supplier, Agent, E-Commerce Operator etc. You are eligible to claim ITC on your Purchases. How to claim ITC? For claiming of ITC you […]

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