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GST Laws Encourages Voluntary Compliances in Demands & Recovery

December 4, 2021 1083 Views 0 comment Print

Like in any other tax collection system, in GST regime also there may be situations where: – no tax was paid -taxes were short paid  -there was non-levy or short levy – there fund granted was erroneous – the availment / utilization of input tax credit was wrong -there was fraudulent evasion of tax In […]

When an Order Could be Said to be ‘Non-Application of Mind’

November 26, 2021 22455 Views 3 comments Print

For a hearing to be fair, whole-hearted attention, alertness ad active application of the mind of the decision maker is indispensable. Constant attention to Pleadings, Arguments, Evidence and material documents is difficult to give, but that is what is expected of a person dispensing justice.

Work From Home Has “GST Registration” Challenge?

November 21, 2021 13311 Views 0 comment Print

GST Laws stipulates that any supplier of goods, services or both must register as a GST Act if their aggregate turnover of more than Rs. 20 lakhs in a year (Rs.10 lakhs in Special Category States) have to obtain GST registration. If the supplier is only supplying goods, then threshold limit is Rs. 40 lakhs […]

Provisions Relating to Summons in GST Laws

November 6, 2021 32922 Views 2 comments Print

Section 70 empowers the proper officer to summon any person whose attendance he considers necessary either to give evidence or produce document or any other thing. The power is exercisable only by the proper officer as specified.

Why GST Department Is Not Right In Asking, ‘NOC From Landlord’ For GST Registration?

October 21, 2021 16767 Views 2 comments Print

You might have read my earlier article ‘Why GST Department Is Not Right In Asking Commercial Place For GST Registration?‘ published in September’2021. In the earlier article, I wrote that GST Laws does not mandate that “Commercial Address” is mandatory for GST Registrations. Further, I wrote that If we recall registration requirements of VAT Laws, […]

Why GST Department Is Not Right In Asking Commercial Place For GST Registration?

September 27, 2021 61362 Views 20 comments Print

In any tax system registration is the most fundamental requirement for identification of tax payers ensuring tax compliance in the economy. Registration of any business entity under the GST Law implies obtaining a unique number from the concerned tax authorities for the purpose of collecting tax on behalf of the government and to avail Input […]

Inverted Duty Structure the way forward?

September 13, 2021 14343 Views 4 comments Print

Accumulation of Input Tax Credit happens when the tax paid on inputs is more than the output tax liability. Such accumulation will have to be carried over to the next financial year till such time as it can be utilised by the registered person for payment of output tax liability. However, the GST Law permits […]

ITAT not allows 100% depreciation on mobile valued less than ₹ 5000

September 10, 2021 1914 Views 0 comment Print

Niho Construction Limited Vs DCIT (ITAT Delhi) Assessee claimed 100% Depreciation on Mobile Phones, each of which cost less than Rs. 5,000/-. But Assessing Officer (AO) restricted the depreciation to 15%, treating them general plant & Machinery. Assessee approached ITAT and AO argued that List of items on which 100% depreciation is allowed is specifically […]

Mobile phone cannot be fixed to a particular place, Depreciation allowable

September 10, 2021 6042 Views 0 comment Print

Rangbahar Vs Commissioner of Income Tax (ITAT Mumbai) In this case CIT (Commissioner of Income tax), disallowed depreciation on mobiles, as the assessee has not provided ‘the place of installation’ of Mobile Phones. Vide para 18 of the Revision Order of the CIT was of the opinion that the assessee has not provided “the place […]

Dumb Depreciation on Smart Mobile

September 9, 2021 25449 Views 2 comments Print

If ATM machine can be considered as a computer then why mobile phones and iPad? Considering change in technology, Mobile Phones should be considered as part of Computer and higher rate of Depreciation should be available to them.

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