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Ca. Nikhil Kumar

Latest Posts by Ca. Nikhil Kumar

Right of ITC can not be denied due to non reflection of credit in GSTR-2A

August 19, 2021 30999 Views 2 comments Print

In a plethora of judgments various courts have taken a view that the procedural grounds can not supersede the provisions of the legislation. In line of those judgments recently the honorable Kerala High court in the matter of the St. Joseph Tea Company Ltd Vs. (i) The State Tax Officer (ii) Deputy Commissioner , State […]

Provisional Attachment under GST- Caution to be Exercised

February 22, 2021 13437 Views 0 comment Print

Now a days we have seen that  the GST department is frequently using the powers which is envisaged to it in the sec.83 of the CGST act w.r.t. to provisional attachment of the properties of the tax payer . Now voices have arose against frequent and general use of the such harsh powers even in […]

Reversal of ITC after legal availment under GST

November 24, 2020 24510 Views 6 comments Print

In the forth coming article we will discuss the issue that the right to avail the input tax credit is to be seen as on the date of the credit availment and not otherwise .The main intent of the this article is that whether ITC can be called upon to pay back by revenue officers […]

Relationship between Consideration & Supply under GST

October 26, 2020 8097 Views 2 comments Print

In this article we will discuss the relationship of supply with the consideration and its repercussions regarding the chargeability of GST. The section 7 of the Central Goods & service Tax Act talks about the scope of supply. We can in other words say that the section 7  is the  gate way to the GST. […]

Some Important Provisions related to Maintenance of  Accounts under GST

June 26, 2020 3942 Views 0 comment Print

We all know the importance of the maintenance of the accounts under GST. The provisions related to the maintenance of the accounts are given in Section 35 of the CGST Act, 2017  and Chapter VII of the CGST Rules  2017. Here I want to throw some light on  some important provisions under GST  which in […]

Provisional Assessment Under GST Needs Reforms?

February 23, 2020 2166 Views 0 comment Print

The provisions regarding the provisional assessment under GST is given under section 60 of the CGST Act and the corresponding rule is given under Rule 98 of the CGST Rules 2017. Let us begin the discussion with the note that why the provisional assessment is  needed at all .The Sec.60 of the CGST Act 2017 […]

ITC restrictions by new rules Rule 36(4) & 86(A) of CGST Rules, 2017

January 17, 2020 21762 Views 0 comment Print

The Rule 36(4) of the CGST Rules has been inserted vide notification No. 49/2019, Central Tax dated 09-10-2019. Since after the introduction this has made a lot of hue and cry among the tax payers . Some problems of the tax payers are really genuine . Although the government has come up with the some […]

Summarized Standard Operating Procedure To Be Followed In Case of Non-Filers of GST Returns

January 1, 2020 6027 Views 0 comment Print

(Circular No. 129/48/2019 – GST, Dated 24 December 2019) The Central Board of Central Excise and Customs (hereinafter called board) comes heavily on the defaulters on account of non submission of  GST Returns u/s 39 or 44 or 45 of the CGST Act. The board in exercise of power conferred u/s 168(1) of the CGST […]

GST on Work Contract on Roads & Highways

September 26, 2019 46989 Views 1 comment Print

India has a vast network of road network of 5.23 million kms. and categorically it is the world’s second largest network . The national Highway comprises 2% of the total road network but carry 40% of the total traffic . One more interesting fact is that the 65% of the freight and 80% of the […]

New Scheme of Real Estate Sector under GST –  Relief or Challenges ?

August 1, 2019 5235 Views 1 comment Print

The GST council in its 34th meeting held on 19.03.2018 has made some recommendations with regards to the long awaited demands of the real estate industry. The  industry is struggling with the low demand and cumbersome compliances imposed by the legislations since the introduction of GST, RERA etc. While we can say that such changes […]

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