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Ca Pawan Kumar Periwal

Latest Posts by Ca Pawan Kumar Periwal

Disallowance of ITC by invoking Section 16(4) is bad in law

March 16, 2020 30351 Views 3 comments Print

The sole objectives of bringing the GST law were to avoid the cascading effect and to have seamless flow of credit. It wanted to bring all the taxpayers into one system and to reduce error digitalization of the whole process. GST being e System filing, assessment system but a new born baby, everyone including assessee, […]

Constitutional validity of notification capping ITC to 20%

October 15, 2019 8421 Views 14 comments Print

Constitutional validity of this tyrannical notification No. 49/2019 dated 9-10-2019 capping the ITC to 20% The point of contention in this latest Notification No. 49/2019 dated 9-10-2019 wherein revenue placed the 20% as maximum cap for availing ITC on Invoices not uploaded by the supplier. Isn’t this notification is just a vice versa scenario of […]

Income Tax E Assessment along with Artificial Intelligence

October 15, 2019 3759 Views 0 comment Print

The new scheme, called the ‘E-assessment Scheme, 2019 (Scheme), was notified by CBDT on 12 September, 2019. It will be an online system, which will use artificial intelligence, automated tools to randomly and automatically allocate cases for assessment within the Income Tax Department. It aims to bring in more transparency.

Can a sole/single member complain against affairs of charitable company

September 22, 2019 1071 Views 1 comment Print

Can a sole/single member complain against the affairs of the company formed for charitable objects for the conducted in a manner prejudicial to public interest under section 241 of the companies act The fundamental principle defining operation in democracy is that the rule of majority shall prevail. However, it is also necessary to ensure that […]

Contradictory provisions in MSME 2006 and CGST ACT and violation of Doctrine of Unjust Enrichment

September 18, 2019 4098 Views 0 comment Print

Before we understand and deep diving, let us first know what provision actually say on the above two Acts and how the breach of doctrine of unrichment happening….. Sec 15 of Micro, Small and Medium Enterprises Development Act, 2006 states on the Liability of buyer to make payment.- “Where any supplier, supplies any goods or […]

Confusion on Exclusion from SVLDRS 2019

September 17, 2019 1923 Views 0 comment Print

Many of the assessee are worried whether they can avail the scheme specified under SVLDRS or if they are ineligibile pursuant as if provision of Sec 125(1)(e) Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 will be applicable on them. The main point of concerned is the notices they have received wrt verification of Service tax […]

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