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GST on Liquidated Damages

February 9, 2021 11307 Views 1 comment Print

It is stated that performance is the essence of any contract and hence each party to the contract, generally, incorporate their expectation in contract. Failure of expectation of one party i.e. failure of performance by other party as per the agreed terms, may prescribe damages for deficiency in the performance of contract known as ‘liquidated […]

Retrospective amendment in respect of interest on delayed payment of GST

February 7, 2021 6627 Views 0 comment Print

It is stated that proviso to sub-section (1) of Section 50 of the Central Goods and Service Tax, 2017 (CGST Act, 2017) is sought to be amended to substitute retrospectively with effect from the 1’st July, 2017, vide Clause 103 of Finance Bill, 2021, so as so as to charge interest on net cash liability […]

Expansion of scope of supply under GST by Finance Bill, 2021

February 5, 2021 2574 Views 0 comment Print

It is submitted that Section 7(1)(aa) is sought to be inserted retrospectively with effect from the 1’st July, 2017, vide Clause 99 of Finance Bill, 2021, so as to ensure levy of tax on ‘activities or transactions involving the supply of goods or services by any person, other than an individual, to its members or […]

100% restriction to avail ‘ITC’, if no GSTR-1 is filed by supplier

February 4, 2021 38214 Views 1 comment Print

It is submitted that a new clause (aa) to sub-section (2) of section 16 of The Central Goods and Services Tax, Act, 2017 (CGST Act, 2017) is being inserted in Finance Bill, 2021. Please note that these proposals will come into effect from a date to be notified later. It is stated that Sections 2 […]

No GST Audit under Finance Bill, 2021

February 3, 2021 38439 Views 0 comment Print

It is submitted that Section 35 and 44 of The Central Goods and Services Tax, Act, 2017 (CGST Act, 2017) are proposed to be amended in Finance Bill, 2021. Please note that these proposals will come into effect from a date to be notified later. It is stated that Sections 2 to 79 of Finance […]

GSTR -3B is not a return as specified for Section 39 of CGST Act, 2017

February 1, 2021 51195 Views 1 comment Print

For the purpose of availing ITC, time limit has been prescribed in the Goods and Service Tax Act, 2017 (CGST Act, 2017). According to Section 16(4) of the CGST Act, 2017, a registered person is eligible to take input tax credit with respect to the invoice or debit note for inward supply of goods and/ […]

Maximum time limit to avail Input Tax Credit (ITC) under GST

January 31, 2021 136083 Views 1 comment Print

One of the main objects of GST Law is to avoid the cascading effect of taxes and to ensure seamless flow of credits whereas GST Law includes provisions, restricts admissibility of ITC of goods and/or services. Section 16(1) of the Central Goods and Services Tax, 2017 (CGST Act, 2017) provides provision regarding availment of credit […]

Availment of ITC and Utilisation thereof under GST Law

January 28, 2021 100869 Views 5 comments Print

Availment of Input Tax Credit (ITC) and Utilisation thereof under GST Law There are two different concepts under GST that are ‘Availment of ITC’ through credited in Electronic Credit Ledger (ECL) and ‘Utilisation thereof’ to pay output tax liability’ as per Section 49 of the Central Goods and Service Tax Act, 2017 (CGST Act, 2017). […]

Prosecution to Adjudication -Non-filing of Annual Accounts & Return under Companies Act, 2013.

January 23, 2021 20088 Views 1 comment Print

We know very well that the provisions of the Companies Act, 2013 (Act, 2013), and the rules framed thereunder, mandate companies to file requisite documents, including Annual Returns and Financial Statements, with the concerned Registrar of Companies (ROC) of their jurisdiction. Accordingly, every Company is required to file its Annual Accounts and Annual Return as […]

Power of ‘Special Court’ to try any offence under Companies Act in ‘Summary way’

January 18, 2021 5676 Views 0 comment Print

The definition of Court under Section 2(29) the Companies Act, 2013, (Act, 2013) also includes a ‘Special Court’ constituted under Section 435 of the Act, 2013. Chapter XXVIII constituting Sections 435 to 446B deals with the Special Courts under the Act, 2013. The definition of Court under Section 2(29) the Act, 2013 may be read as under: – “(29) “Court” […]

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