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Bar to filing prosecution by ROC after lapse of period of limitation

November 18, 2022 6252 Views 0 comment Print

Understanding the bar to filing prosecution by ROC after the lapse of the period of limitation. Learn about the implications for non-compliance with adjudication orders under the Companies Act, 2013.

Deposit in Electronic Cash Ledger prior to due date of GSTR 3B filing not amount to discharge of tax liability 

November 14, 2022 8181 Views 0 comment Print

Discover the legal perspective on depositing funds in the Electronic Cash Ledger before the due date of GSTR 3B filing. The article explores the recent judgment by the Hon’ble High Court of Jharkhand in the case of M/s. RSB Transmissions (India) Limited vs. Union of India, addressing whether such deposits amount to the discharge of tax liability. Understand the implications, reasoning, and the court’s stance on interest levied for delayed filing of GSTR-3B in such situations. Stay informed and navigate the complexities of GST regulations.

E-way bill not valid if information in PART-B of FORM GST EWB-01 not furnished

November 10, 2022 37509 Views 1 comment Print

Ensure your e-way bill is valid by furnishing information in PART-B of FORM GST EWB-01. Learn about the importance of compliance in e-way bill generation.

Applicability of E-way Bill in case of movement of goods within State

October 30, 2022 78912 Views 1 comment Print

Understanding the applicability of E-way Bill for intra-state movement of goods. Learn about the rules and potential issues related to tax evasion and harassment.

Time Limit for issue of demand order under Section 73(10) of CGST Act, 2017 for Financial Year 2017-18

October 29, 2022 31821 Views 0 comment Print

Understanding the time limit for issuing demand orders under Section 73(10) of the CGST Act, 2017 for the financial year 2017-18.

Whether Voluntary payment of GST penalty takes away right of Appeal?

October 22, 2022 7989 Views 1 comment Print

Can voluntary payment of GST penalty affect your right to appeal? Find out how Section 129 and 130 of the CGST Act, 2017 play a role.

Reversal of ITC in case of non-payment of consideration within 180 days w.e.f. 01.10.2022

October 12, 2022 101775 Views 2 comments Print

Section 16 provides that no registered person shall be entitled to any input tax credit (‘ITC’) unless the stipulated conditions are specified. The said conditions relate to the possession of the valid document, furnishing of the details of the said document by the vendor, actual receipt of the goods or services or both, the actual payment of tax to the Government and filing of the return.

Provisional ITC and Matching Concept under Section 41 of CGST Act, 2017 is now overruled w.e.f. 01.10.2022 

October 9, 2022 31881 Views 0 comment Print

section 41 of the CGST Act, 2017 provided that the ITC claimed by a taxpayer in GSTR 3B shall be provisional, until it is matched and finalised as per provision of section 42 & 43 and corresponding rules. However, this mechanism could never be implemented as GSTR 2 return was never filed.

Maximum time limit to avail Input Tax Credit (ITC) for financial year 2021-22 [ i.e. 30th November, 2022]

October 6, 2022 265290 Views 6 comments Print

Maximum time limit for availing ITC in respect of invoice pertaining to Financial Year 2021-22 is earlier of 1. 30th November following the end of the relevant financial year i.e. 30th November, 2022; or 2. Due date of Annual Return (FORM GSTR-9) under Section 44 i.e. 31st December, 2022.

Determination of tax & adjudication of demand: Section 74 CGST Act, 2017

October 4, 2022 172791 Views 0 comment Print

Understanding Section 74 of CGST Act, 2017: Learn about the provisions for tax determination and demand adjudication by Proper Officer.

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