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Archive: 10 December 2021

Posts in 10 December 2021

eForm INC-4 – One Person Company – Change in Member/ Nominee

December 10, 2021 5202 Views 0 comment Print

Part I – Law(s) Governing the eForm INC-4 Section and Rule Number(s) eForm INC-4 is required to be filed pursuant to Section 3(1) of the Companies Act, 2013 and Rule 4(4), (5), (6) of Companies (Incorporation) Rules, 2014 which are reproduced for your reference. Section 3: (1) A company may be formed for any lawful […]

SC explains onus of Propounder: Removal of Suspicious circumstances about Will execution

December 10, 2021 9249 Views 0 comment Print

The daughters of the testator contested the said testament by filing a written statement. They averred that the will was fabricated and the signature of the testator in the said document was forged and the same was a got-up document by the plaintiff with the help of her husband’s friends who were the attesting witnesses of the will.

eForm INC-3- One Person Company- Nominee consent form

December 10, 2021 1326 Views 0 comment Print

Part I – Law(s) Governing the eForm INC-3 Section and Rule Number(s) This form is required to be filed pursuant to section 3(1) of the Companies Act, 2013 and rule 4(2), (3), (4), (5) & (6) of Companies (Incorporation) Rules, 2014 and the same are reproduced for your reference: Section 3(1): A company may be […]

GST payable under RCM on procurement of renting of immovable property services from Seepz

December 10, 2021 23658 Views 1 comment Print

In re Portescap India Private Limited (GST AAR Maharashtra) Q1. Whether Portescap India Pvt. Ltd. is required to pay tax under reverse charge mechanism on procurement of renting of immovable property services from Seepz Special Economic Zone Authority (Local Authority) in accordance with Notification No. 13/2017 dated 28th June, 2017 read with Notification No. 03/2018 […]

AO to identify information for section 148 notice

December 10, 2021 20544 Views 0 comment Print

CBDT directs that the Assessing Officers shall identify the following categories of information pertaining to Assessment Year 2015-16 and Assessment Year 2018-19, which may require action under section 148 of the Act, for uploading on the Verification Report Upload (VRU) functionality on Insight portal

GST on cold storage building for Primary Processing Centre under Mega park scheme

December 10, 2021 1968 Views 0 comment Print

In re YVR and Co, (GST AAR Andhra Pradesh) Question: Applicability of CGST and SGST (Rate) on the listed works executed for Andhra Pradesh Industrial Infrastructure Ltd. Answer: The listed works are classifiable under SAC Heading No. 9954 Construction Services, entry no (ii) of serial No.3 of notification No 11/2017 Central Tax (Rate) dated 28th June […]

GST on sub-contract for Construction of Roads for Municipal Corporation

December 10, 2021 32172 Views 1 comment Print

In re Core Construction (Yatin Manoj Mora) (GST AAR Maharashtra) What Tax Rate to be charged by the sub-contractor to main contractor on Work Contract Services on Construction of Roads? In respect of Sub-Contract awarded to the applicant by M/s J. P. Enterprises (main contractor), to whom Aurangabad Municipal Corporation awarded the contract for Executing […]

To calculate margin, purchase cost should be treated as purchase price: AAAR

December 10, 2021 1506 Views 0 comment Print

In re Tej Kumar Jain (GST AAAR Rajasthan) It was held that  notification No, 08/2018-Central Tax (Rate) dated 12.01.2018 clearly used word Purchase price ,  only price paid at the time of purchase can be considered as purchase price to calculate margin. The appellant’s main thrust is that to calculate margin, purchase cost should be […]

Form FTE: Application for striking off name of company under Fast Track Exit Mode

December 10, 2021 5907 Views 0 comment Print

Form FTE- Application for striking off the name of company under the Fast Track Exit (FTE) Mode Note: 1. Kindly note that E-form FTE has been withdrawn w.e.f 26th December,2016. Accordingly, e-form FTE is no longer available for “Fresh” filings (Resubmissions are allowed) on the MCA21 portal. The corresponding e-form under the companies act,2013 i.e., […]

HC permits filing of GST refund application manually

December 10, 2021 2946 Views 0 comment Print

That this Hon’ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction calling for the records pertaining to the Petitioner’s case and after going through the facts of the Petitioner’s case hold and declare that impugned circular no. 125/44/201-GST dated 18.11.2019 in so far as it creates a condition that the refund application has to be filed online only as being wholly beyond the parent provisions (i.e. Section 54, section 16 and section 168(1) of CGST Act, 2017 and Rule 89 of CGST Rules, 2017) and hence, ultra vires the Act;

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