"25 August 2022" Archive

Taxability of Barter and Exchange under GST

Barter and exchange are two significant forms of supply under GST. Not much has been written and spoken on these two concepts. This paper is an attempt to go a little deeper into the nitty gritty of both phrases. Barter has been the oldest mode of making transactions since the beginning of civilization till money […]...

Summons under GST – A Practical Analysis

In most of cases the person who receives summon feels very uncomfortable as it is an invitation of some trouble. Practically what should be our approach when we receive summon under section 70 of CGST Act, 2017?...

Courts should avoid uploading scanned copies of judgments: SC

State Bank of India Vs Ajay Kumar Sood (Supreme Court of India)

State Bank of India Vs Ajay Kumar Sood (Supreme Court of India) SC held that On the note of accessibility, the importance of making judgments accessible to persons from all sections of society, especially persons with disability needs emphasis. All judicial institutions must ensure that the judgments and orders being published by them do ...

Allow Filing of Form GSTR-9A for taxpayer who Opted to Pay Composition Tax

SEEKING FACILITATION  OF FILING  FORM GSTR 9-A ( ANNUAL RETURN)  FOR THE PERSON WHO OPTED TO PAY COMPOSITION TAX,  ON THE GST COMMON PORTAL, IMMEDIATELY SINCE FOR 2020-21. 1. DISTINGUISH ‘FINANCIAL RETURN’ AND ‘ANNUAL RETURN’ :- Very  clearly speaking, the form GSTR-4 is a financial year- Return, shall be furnish between the ...

Conversion of One Person Company (OPC) to Private Limited Company

After Companies (Incorporation) Amendment Rules 2021, a Company can voluntary convert itself to private/public limited at anytime without meeting any specified criteria of paid up share capital and turnover. The conversion of OPC into a private limited company will not affect the existing debts, liabilities, obligations or contracts of OP...

Employee Provident Fund Organisation (EPFO)

Employee Provident Fund Organization (EPFO) – What is EPFO, its structure, services, and the most recent updates The Employees’ Provident Fund Organization (EPFO) is a statutory agency established by the Indian government. As the largest social security institution in the country, it primarily encourages people to save for retirem...

SC: No Criminal Proceedings can be initiated against any Benami transaction prior to October, 2016

SC held that revenue department cannot initiate criminal proceedings for transactions entered into prior to the Benami Transaction (Prohibition) Amendment Act, 2016 ...

Amount paid by buyer to be refunded on failure to timely complete the construction of flat

Neeraj Kakkar Vs Parsvanath Developers Ltd. (Delhi State Consumer Disputes Redressal Commission)

Held that Complainant duly paid the amount, however, the developer failed in providing timely construction service. It is directed to refund the amount already paid by Complainant, along with interest @6% p.a....

CESTAT condones delay of 2644 days in filing appeal by sick unit before BIFR under SICA

Royal Cushion Vinyl Products Limited Vs Commissioner Of Customs Export (CESTAT Mumbai)

Royal Cushion Vinyl Products Limited Vs Commissioner Of Customs Export (CESTAT Mumbai) On perusal of the date chart/list of events, as above, we find that as a sick company, the applicant was pursuing the matter before the BIFR under the Sick Industrial Companies (special Provisions) Act, 1985. Further, on examination of the case records,...

Dishonor of cheque due to difference in signature covered u/s. 138 of NI Act

Mohammad Shafi Wani Vs Noor Mohammad Khan (Jammu & Kashmir High Court)

Held that provisions contained in Section 138 of the NI Act is to be interpreted in a liberal manner so as to achieve the object for which the said provision has been enacted. Thus, dishonor of cheque due to difference in signatures is also covered under section 138 of the Negotiable Instruments Act...

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