"03 January 2023" Archive

Mismatch between GSTR 3B & GSTR 2A – HC permits filing of appeal beyond statutory time period

Kishore Projects Private Limited Vs State of Gujarat (Gujarat High Court)

The issue concerns the year 2019-2020. There was a mismatch between GSTR 3B and GSTR 2A. This was due to non filing of the returns by the suppliers of the goods. He purchased the goods during the period of 2019-20 from various suppliers to be used in its projects and the suppliers issued invoices bearing GGST and CGST Act. He made payment...

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Alleged GST Evasion: Rajasthan HC grants bail to accused

Khem Chand Thathera Vs State of Rajasthan (Rajasthan High Court)

It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. Learned counsel submitted that there has been violation of mandatory provisions while effecting his arrest and its continuation as contained in the Act of 2017....

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Matter not to be remanded back when all the materials on record are available

Johnson Matthey Chemicals India Private Limited Vs Commissioner of Commercial Tax, UP (Allahabad High Court)

HC set aside order passed by Commercial Tax Tribunal remanding the matter to the Assessing officer. Held that, the Tribunal was incorrect in remanding back the matter, when all the material was before it thus, it should have dealt with each of the material and decided the same. ...

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Cancellation of registration without providing opportunity of hearing is cryptic in nature

Mahendra Janubhai Zala Vs Office of Deputy Commissioner, State Tax (Gujarat High Court)

HC held that SCN and order for cancellation of GST Registration is not sustainable on the grounds that the order was passed without any personal hearing and thus, cryptic in nature. Further directed the Revenue Department to restore the GST registration of assessee....

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TDS on Purchase/Sale of Residential Flat

1. INTRODUCTION The culture of multistoried buildings started with development of economy. Everyone wants to live in developed city with all amenities and facilities which leaded to shortage of land space for residence in particular area. Therefore concept of flats was introduced because we had limited space but sky can be the only limit ...

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CBDT circulars/ instructions are binding on revenue

Telangana Working Journalists Welfare Fund Vs ITO (Exemptions) (ITAT Hyderabad)

ITAT Hyderabad held that CIT(A)/ NFAC failed to consider circular no. F.173/193/2019-ITA-1 dated 23.04.2019 and subsequent circular No.2/2020 vide F.No.197/55/2018-ITA-I dated 03.01.2020 which are issued by CBDT and the same is binding on the revenue authorities. Accordingly, matter restored....

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Types of Companies under Companies Act, 2013 in India

The term company does not have a purely technical or legal definition. It could be said to signify a grouping of people who share a common object or objects. People may associate themselves for a wide range of goals, including both materialistic and immaterial ones....

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Introduction of IRRA Platform

SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2022/177 30/12/2022

SEBI in its circular dated 30th December, 2022 introduced Investor Risk Reduction Access (IRRA) platform for the protection of interest of investors and to avoid   disruption of trading services provided by the Trading Member (TM)....

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Impressive Transformation of India’s Economy

The Indian economy has come a long way in terms of economic growth and development, when compared to the other world-leading economies. Since the liberalization of the Indian economy in the 1980s, India’s GDP (Gross Domestic Product) growth rate has steadily increased and in the past decade, the country has emerged as one of the [&h...

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Input Tax Credit Mismatch Now Solved

Commissioner CBIC issued a Circular No. 183/15/2022-GST dated 27 th December, 2022 in which clarifications produced with respect to difference in ITC availed in Form GSTR 3B and GSTR 2A. This applicable for the financial years 2017-18 & 2018-19. It was a fact that Form GSTR 2A not made available to tax payers on the […]...

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January 2023