In the COVID-19 pandemic, businesses find it increasingly difficult to meet their contractual obligations, which results in non-performance/delays of agreed obligations. These defaults are the primal reason for surge in claims for liquidated damages, especially in cases where the plea of force majeure (unforeseeable circumstances that prevent someone from fulfilling a contract) is untenable. With […]
Amendments in CGST, IGST and UTGST Acts, 2017: Amendments carried out in the Finance Bill, 2021 will come into effect from the date when the same will be notified, as far as possible, concurrently with the corresponding amendments to the similar Acts passed by the States and Union territories with Legislature. 1. Reconciliation Statement – […]
This article intents to discuss the applicability of GST on Non-refundable Registration Fee (NRF) collected by the organiser at the time of e-auction What is E-auction? E-auctions means that requirement for procurement of goods or services will be done online. All the process related to tendering (application, payment of fees, submission of bid, etc.) is […]
Applicability Presently, it is mandated for registered persons whose aggregate turnover (based on PAN) in the preceding financial year is more than Rs. 500 Crores w.e.f 1st October 2020 (Notification No. 13/2020 – Central Tax dated 21st March 2020 and Notification No. 61/2020 – Central Tax dated 30th July 2020). Entities/ persons specifically exempted Special […]
The article is a discussion to understand the significance of structuring of contracts for tax purposes. Structuring of contracts are predominantly undertaken by splitting one contract into multiple contacts, reasons being, no tax position, separate taxes on supply of goods and services, maximising the benefits of exemptions, etc., What is a cross fall breach clause? […]
Article explains What is advance ruling under GST, To whom the Advance Ruling under GST is applicable, Matters/questions specified in Section 97(2) of CGST Act, 2017 on which Advance ruling can be sought, Procedure for obtaining Advance Ruling and the time line under GST and Rectification of Mistakes in Advance Ruling under GST. What is […]
As per Black’s Law dictionary contractor have been defined as one who contracts to do work or provide supplies for another competent contractor. A contractor who has the knowledge, skill, experience, and available equipment to do the work that he is employed to do without creating an unreasonable risk of injury to others and who […]
How is actionable claim defined under the GST Act? Reference has been drawn to the Transfer of Property Act, 1882. Section 2(1) of the CGST Act, 2017 defines actionable claim as: ‘actionable claim shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882’ Section 3 of […]
Query Is ever e-commerce operator required to be file GSTR – 9B? Understanding on the basis of GST Law Whether or not to File GSTR-8 and GSTR-9B depends on the very fact that whether the e-commerce operator is required to collect tax under section 52 (1) of the CGST Act. Certain operators who own, operate […]
