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Bombay HC stayed demand notice seeking Service Tax from Advocate

March 28, 2021 4431 Views 0 comment Print

The Hon’ble Bombay High Court in Sanjiv Madhusudan Shah v. Assistant Commissioner of Central and Service Tax and ors. [Writ Petition (L) No. 646 of 2021 dated January 12, 2021] has stayed a demand notice issued, seeking to levy service tax upon an Advocate. Facts:- Sanjiv Madhusudan Shah (“the Petitioner”), who is an Advocate by […]

Circular cannot stand in the way of a benefit offered under statutory provisions

March 26, 2021 1713 Views 0 comment Print

HC directed the Authorities to refund the sanctioned amount. Held that, circular cannot stand in way of a benefit under a statutory scheme and is contrary to the statutory provisions of Section 54(3) of the Central Goods and Services Tax Act, 2017.

HC issued notice in writ challenging Rule 36(4) of CGST Rules restricting ITC availment

March 26, 2021 9063 Views 1 comment Print

The Hon’ble Gujarat High Court, in M/s Surat Mercantile Association v. Union of India [R/Special Civil Application No. 13289 of 2020 with Civil Application No. 1 of 2020 in R/Special Civil Application No. 13289 of 2020, decided on December 18, 2020] issued notice to the revenue department with respect to the writ challenging constitutional validity […]

Challenge to ‘search action’ at business premises dismissed by High Court citing presence of ‘reason to believe’

March 25, 2021 921 Views 0 comment Print

The Hon’ble Delhi High Court in RCI Industries and Technologies Ltd. v. Commissioner DGST Delhi & Ors. [W.P.(C) 121/2021 decided on January 7, 2021] dismissed the writ application filed to impugn the search action at the business premises on the ground that there are ‘reasons to believe’ to inspect and search the business premises by […]

Reconciliation of GSTR 1, GSTR 2A, GSTR 3B etc. as on March 31 2021

March 25, 2021 33402 Views 0 comment Print

In this article, we have analyzed and discussed about the reconciliation of GSTR 1, GSTR 2A, GSTR 3B etc., that has to be done by the registered taxpayers under the provisions of the GST Law as on March 31, 2021. Article contains info about Reverse Charge Mechanism , Reconciliation of GSTR-1 with GSTR-3B, Reconciliation of […]

ITC related compliance as on March 31, 2021

March 24, 2021 18141 Views 0 comment Print

In this article, we have discussed about the Input Tax Credit (ITC) compliances and procedure related to Reversal of ITC in case of non-payment, ITC Restriction, Blocked Credit under Section 17(5) of the CGST Act that has to be followed by the registered taxpayers under the provisions of the GST Law as on March 31, […]

ITC available on CSR expenses as in the course of business

March 24, 2021 4962 Views 0 comment Print

The Hon’ble AAR, Uttar Pradesh in the matter of M/S. Dwarikesh Sugar Industries Limited [Order No. 52, dated January 22, 2020] held that expenses incurred towards Corporate Social Responsibility (CSR) by the Company in order to comply with requirements under the Companies Act, 2013 (Companies Act) qualify as being incurred in the course of business […]

Important GST compliances as on April 1, 2021

March 22, 2021 49884 Views 0 comment Print

In this article, we have discussed about the compliances that have to be complied by the registered taxpayers under the provisions of the GST Law as on April 1, 2021. Such Compliance includes Compliance related to  Annual GST Return, Composition Scheme under GST, New/Unique series of invoice, E- Invoicing, QR Code, HSN code requirements, Renewal […]

No GST on delayed payment charges recovered from client towards trading of securities

March 22, 2021 4533 Views 0 comment Print

Appellant is not liable to pay GST on the delayed payment charges on reimbursement of amount by client to Appellant, where client failed to pay amount paid to Stock Exchange for purchase of securities with T+1 (trading day plus one day) under SEBI Regulation norms and the amount was deducted by Stock Exchange from the Appellant’s account being purchase consideration of securities which are neither goods nor services under CGST Act.

CAG have no jurisdiction to audit the accounts of a non-government entity

March 20, 2021 6615 Views 0 comment Print

The Hon’ble Bombay High Court in Kiran Gems Private Limited v. Union of India and Ors. [Writ Petition No. 1135 of 2019, decided on January 29, 2021] quashed the notice/intimation demanding audit of a private entity by Central Excise Revenue Audit (CERA) and requiring information/records for the period 2015-16 to 2017-18 to the officers of […]

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