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Taxability of Sale of Developed Land – Under GST Laws

July 12, 2020 22311 Views 6 comments Print

The moot question arises, whether supply or sale of developed or plotted land is liable to GST? Before proceeding to discuss about GST liability of developed land, it is better to discuss taxability of land in pre-GST regime.

Provisions of Refunds under Customs Act, 1962

June 26, 2020 50325 Views 2 comments Print

Section 26 of the Customs Act, 1962 prescribes provision for refund of export duty, Section 26A of the Customs Act, 1962 deals with refund of import duty in certain cases and Section 27 of the Customs Act, 1962 prescribes claim for refund of duty in case of excess payment duty on importation. The relevant provisions […]

Rule 36(4) Restricting ITC Availment – Defeating Objective of Seamless Credit

June 8, 2020 6999 Views 1 comment Print

Input Tax Credit is the core subject under GST law, the very objective of GST to provide seamless credit flow and neutralize cascading effects of taxes. Any restriction ITC will enhance transaction cost of the taxpayers and slow down of business of the taxpayers, consequently the restriction of ITC will defeat the very objective of […]

Rule 86A | Blocking of Electronic Credit Ledger- Taxpayers beware

June 5, 2020 33777 Views 1 comment Print

Rule 86A (2) prescribes that the Officer so authorised have to reasons to believe , such reasons to be recorded in writing and not allow debit of an amount equivalent to such credit in electronic credit ledger for discharge of any output tax liability under section 49 or for claim of any refund of any unutilized amount

Proper Officer under GST Law

March 10, 2020 76944 Views 3 comments Print

The ‘proper officer’ has been empowered under GST law to execute and administer compliance of various Sections and Rules under GST law to protect the Government revenue and facilitates to the taxpayers to carry out day-to-day statutory compliances to run their business. The words ‘proper officer’ used in various parts of the GST law scattered […]

Whether Levy On Ocean Freight Amounts To Double Taxation? An Analysis

March 2, 2020 6633 Views 0 comment Print

Freight paid to the shipping liners or shipping companies for the transportation of export goods and imported goods through Sea is called as ocean freight. The levy of tax on Ocean freight is not a new concept. The legacy of tax statute has been continued in the GST regime, on Ocean freight or transportation of goods by sea was a taxable service leviable to Service Tax with effect from 1st March 2016.

Reimbursement of Expenses By Charitable Trust Is Not Liable To GST- A Case Study         

February 6, 2020 2403 Views 0 comment Print

Supply is the taxable event under GST. Section 7(1) (a) defines ‘Supply’ includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. So the […]

Levy on Royalty Paid on Mining Lease- an Analysis

January 27, 2020 38142 Views 3 comments Print

Levy and applicability of tax on royalty was disputed in the erstwhile Service tax regime. But in GST regime the applicability is not the matter of dispute rather applicable rate of GST on royalty is the matter of litigation, which has been clarified by the CBIC

Provisions of Anti-Profiteering Mechanism Under GST Law

January 24, 2020 13794 Views 1 comment Print

Anti-profiteering measures have been incorporated under GST law to provide benefit of reduction in GST rates to the consumers in terms of reduced prices and not allow more profit margins to the businessmen. The suppliers of goods and services must pass on any reduction in the rate of tax or the benefit of input tax […]

GST Liability on Volume Sales Discount

January 13, 2020 43455 Views 4 comments Print

Discount is one kind of incentive being offered by the seller to the buyer through reduction in the usual price of goods to enhance volume of business and generate profit. Tax liability has to be discharged by the seller by deducting the amount of discount from the total price of goods. There are various kinds […]

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