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Reversal of ITC in case of non-payment of consideration within 180 days w.e.f. 01.10.2022

October 12, 2022 99849 Views 2 comments Print

Section 16 provides that no registered person shall be entitled to any input tax credit (‘ITC’) unless the stipulated conditions are specified. The said conditions relate to the possession of the valid document, furnishing of the details of the said document by the vendor, actual receipt of the goods or services or both, the actual payment of tax to the Government and filing of the return.

Provisional ITC and Matching Concept under Section 41 of CGST Act, 2017 is now overruled w.e.f. 01.10.2022 

October 9, 2022 29289 Views 0 comment Print

section 41 of the CGST Act, 2017 provided that the ITC claimed by a taxpayer in GSTR 3B shall be provisional, until it is matched and finalised as per provision of section 42 & 43 and corresponding rules. However, this mechanism could never be implemented as GSTR 2 return was never filed.

Maximum time limit to avail Input Tax Credit (ITC) for financial year 2021-22 [ i.e. 30th November, 2022]

October 6, 2022 247779 Views 6 comments Print

Maximum time limit for availing ITC in respect of invoice pertaining to Financial Year 2021-22 is earlier of 1. 30th November following the end of the relevant financial year i.e. 30th November, 2022; or 2. Due date of Annual Return (FORM GSTR-9) under Section 44 i.e. 31st December, 2022.

Determination of tax & adjudication of demand: Section 74 CGST Act, 2017

October 4, 2022 164298 Views 0 comment Print

Understanding Section 74 of CGST Act, 2017: Learn about the provisions for tax determination and demand adjudication by Proper Officer.

Seizure & confiscation of goods & conveyances in transit is not a tax recovery proceeding

September 28, 2022 1068 Views 0 comment Print

Seizure and confiscation of goods and conveyances in transit (under section 129 and 130 of CGST Act, 2017) is a separate proceeding from the recovery of tax The Central Government has brought into effect the provisions of Finance Act, 2021 effective from 1st January, 2022. The Finance Act, 2021 has amended section 74 of the CGST Act, 2017 by amending […]

Under GST law, tax to be first charge on property except under IBC

September 27, 2022 3738 Views 0 comment Print

When companies are under liquidation, it means that they are not financially goods, and there will be a liability for GST also. In such cases, will the department have the first charge on the property?

Determination of tax & adjudication of demand by Proper Officer – Section 73 – CGST Act, 2017

September 27, 2022 92976 Views 0 comment Print

Learn about the determination of tax and adjudication of demand by the Proper Officer under Section 73 of the CGST Ac, t2017. Understand the provisions and procedures for tax recovery in GST.

New definition of Small Company w.e.f. 15th September, 2022

September 21, 2022 64977 Views 1 comment Print

Small Company definition further revised by increasing thresholds for paid-up capital from ‘not exceeding Rs 2 crores’ to ‘not exceeding Rs 4 crores’ and turnover from ‘not exceeding Rs 20 crores’ to ‘not exceeding Rs 40 crores’

CIRP can be initiated against ‘Corporate Guarantor’ without proceeding against principal borrower

September 15, 2022 13455 Views 0 comment Print

K. Paramasivam Vs Karur Vysya Bank Ltd. & Anr. (Supreme Court of India) The question raised in the said appeal is whether CIRP can be initiated against the Corporate Guarantor without proceeding against the principal borrower. The issues raised in this appeal are settled by this Court in Laxmi Pat Surana v. Union Bank of […]

Applicability of Section 62(1) of Companies Act, 2013 to Preference Shares

September 10, 2022 14127 Views 0 comment Print

Explore the applicability of Section 62(1) of the Companies Act, 2013, to Preference Shares. Understand the conditions, rights, and obligations associated with issuing preference shares under various circumstances. Stay informed for compliant transactions

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