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Calculating limitation period for proceedings under IBC?

October 22, 2021 12033 Views 0 comment Print

V Nagarajan Vs SKS Ispat and Power Ltd.& Ors. (Supreme Court of India) When will the clock for calculating the limitation period run for proceedings under the IBC? The Insolvency and Bankruptcy Code 2016 (‘IBC’) envisages a comprehensive dispute resolution process in Chapter VI. The NCLT is the empowered ‘Adjudicating Authority’ under Section 60 of […]

Ready to receive Show Cause Notice under GST

October 21, 2021 30927 Views 0 comment Print

The last dates of filing of the Annual Return under Section 44 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017), for the Financial Years 2017-18, 2018-19 & 2019-20 were as under: Sr. No.  Period Last date to file Annual Return 1 2017-18 05th & 7th February, 2020 (Notification No. 06/2020-Central Tax, […]

Electronic Credit Ledger cannot be used in respect of payment of pre-deposit for the purpose of filing appeal under GST Law

October 21, 2021 6501 Views 0 comment Print

In Jyoti Construction v. Deputy Commissioner of CT & GST, Jajpur, the Hon’ble High Court of Orissa has pronounced its order dated 07th October, 2021 that Electronic Credit Ledger (“ECRL”) cannot be used to give the pre-deposit for the purpose of filing an appeal under GST and the payment for the same must be done […]

Clarification regarding carrying physical copy of invoice during movement of goods in case of e-invoice

September 23, 2021 18966 Views 0 comment Print

[Ref:Circular No. 160/16/2021-GST, dated 20th September, 2021] In exercise of its powers conferred by Section 168(1) of the Central Goods and Services Tax Act, 2017 ( CGST Act), CBIC has clarified, vide Circular No. 160/16/2021-GST, dated 20th September, 2021 in respect of carrying a physical copy of invoice during movement of goods in cases where invoice has […]

Clarification Regarding ITC Under Section 16(4) for Issuance of Debit Notes

September 21, 2021 147081 Views 1 comment Print

With effect from 01.01.2021, Section 16(4) of the CGST Act was amended vide the Finance Act, 2020, so as to delink the date of issuance of debit note from the date of issuance of the underlying invoice for purposes of availing input tax credit.

Extension of timeline for filing of application for revocation of cancellation of registration to 30/09/2021

September 21, 2021 2301 Views 0 comment Print

The Government has extended timeline for filing of application for revocation of cancellation of registration to 30/09/2021, where filing thereof falls due during 01/03/2020 to 31/08/2021, vide Central Tax Notification 34/2021 dt. 29/08/2021 (Partial Modification of Notifications No. 35/2020 Central Tax, dated 03/04/2020 and No. 14/2021 Central Tax, dated 01/05/2021), in the cases where registrations […]

Transfer of amount in E-Cash Ledger from one head to another under Section 49(10) of CGST Act, 2017

September 17, 2021 7788 Views 0 comment Print

Transfer of amount in E-Cash Ledger from one head to another under Section 49(10) of CGST Act, 2017 Section 49(10) of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017) was inserted by the Finance Act, 2019 and notified later on w.e.f. 01.01.2020 by Notification No. 01/2020-Central Tax, dated 01.01.2020. this was the […]

New definition of Small Company is applicable from Financial Year 2021-22 onwards

September 16, 2021 36693 Views 1 comment Print

In exercise of the powers conferred by sub-sections (1) and (2) of Section 469 of the Companies Act, 2013 (CA, 2013), the Central Government, vide Notification GSR 92(E) dated 01st February, 2021 has amended the Companies (Specification of Definitions Details) Rules, 2014 which shall come into force on the 1st day of April, 2021. The […]

RCM on Scrap/Used vehicles from Registered and Unregistered Dealers

September 12, 2021 31848 Views 0 comment Print

1. Can Composition Dealer purchase Scrap/Used vehicles from Unregistered Dealers? RCM on these purchases applicable or not? 2. Any RCM exemption limit amount for purchase of Scrap and Used vehicles from unregistered dealers?

No tax demand can be issued or raised by GST department when investigation is still in progress

September 11, 2021 1983 Views 0 comment Print

The Hon’ble Telangana High Court, in the matter of Deem Distributors Private Ltd. Vs Union of India [judgement dated 03.08.2021 in Writ Petition No. 7063 of 2021], restrained the GST Department to collect any Tax/Interest/Penalty without issuance of notice under section 74(1) of the Goods and Service Tax Act, 2017 (Act). The Petitioner contended that […]

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