CA Om Prakash Jain's Profile at TaxGuru

GSTR 3B Late filing – Levying interest on Gross Tax Liability

March 26, 2021 2952 Views 0 comment Print

Section 16(2)(d), CGST Act, 2017 lays down the following condition for availment of ITC; Filing of Return u/s 39 The other four conditions for availment of ITC have been laid down under Section 16(2)(a) to (c) and 16(2)(aa), CGST Act, 2017. The section 16(2) starts with notwithstanding clause, meaning thereby that it supersedes sub-section 4 of section 16, based on the following cases […]

SC Judgment on Limitation – Impact on Transitional Credit

March 12, 2021 2895 Views 0 comment Print

Supreme Court (SC) Judgment dated 8.3.2021 on Limitation period─Analysis & Impact on Transitional Credit – In the wake of Covid-19 pandemic Looking to the onset of COVID-19 pandemic and various measures taken by the Govt. to curb COVID-19, from time to time, the Hon’ble Supreme Court took suo motu Cognizance for Extension of Limitation, in […]

Analysis of SC case on Time limit Limitation on proceedings during Covid-19 pandemic

March 9, 2021 3000 Views 0 comment Print

Due to the onset of COVID-19 pandemic, The Hon’ble Supreme Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country in filing petitions/ applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central or State).

Interest on Net Tax Liability under GST | Budget 2021| Section 50 | CGST Act

February 20, 2021 10284 Views 3 comments Print

Clause No. 103 of the Finance Bill, 2021 provides charging of interest on Net Tax Liability u/s 50, CGST Act, 2017 by substituting proviso to sub-section 1 retrospectively, w.e.f. 1.7.2017. Section 50(1) of the CGST Act after the proposed amendment, if implemented, will read as under; “50. Interest on delayed payment of tax.─(1) Every person […]

Disallowance of ITC on Late filing of GSTR 3B

July 18, 2020 32325 Views 0 comment Print

Section 16(2), CGST Act, 2017 which laid down 4 conditions for availment of ITC & starts with notwithstanding clause meaning thereby that it supersedes sub-section 4 of section 16, based on the following cases; (2020) 33 J.K.Jain’s GST & VR 9 Synergy Fertichem Pvt. Ltd. v. State of Gujarat (Guj), A.C.T.O. v. Laxmi Misthan Bhandar (Raj) (1989) 74 STC 260, Central Bank of India […]