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

September 11, 2021 2691 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 […]

Retrospective amendment in Section 50 for interest on delayed payment of tax notified on 01.06.2021

September 5, 2021 97410 Views 6 comments Print

It is stated that proviso to sub-section (1) of Section 50 CGST Act, 2017 was amended to substitute retrospectively with effect from the 1’st July, 2017, vide section 112 of Finance Act, 2021, so as to charge interest on net cash liability with effect from the 1stJuly, 2017. Such amendment to Section 50 through Finance Act, 2021 has been notified to come into effect from 1st July, 2017. Interest shall be computed on the net tax liability to be debited from Electronic Cash Ledger after Input Tax Credit (ITC)is utilised.

CBIC needs to clarify on applicability of GST Audit for the year 2020-21

September 4, 2021 9708 Views 0 comment Print

On 30 of July, 2021 the GST Council notified about the same through Notification No. 29/2021, as the date of applicability of Section 110 and 111 of the Finance Act, 2021 will be 1 of August, 2021. i.e. form 1 of August, 2021.

Filing of Board Resolution by Private Companies- Section 179(3)(c)- Clarification Needed

September 4, 2021 5448 Views 0 comment Print

Proviso to Rule 14(8) as amended by the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2018 and  Notification No. GSR 464(E) dated June 5, 2015 are contradict to each other. Therefore, a clarification from MCA is much needed.

Annual Return under GST law for financial year 2020-21

September 3, 2021 47457 Views 1 comment Print

Section 44 (Annual Return) of The Central Goods and Services Tax, Act, 2017 (CGST Act, 2017) had been amended by Finance Act, 2021 but it was not notified at that time. Now, Central Board of Indirect Taxes and Customs (CBIC) vide Notification No. 29/2021-Central Tax dated 30/07/2021 has notified the amendment under Section 111 (Substitution […]

Maximum time limit to avail ITC for financial year 2020-21

September 2, 2021 134157 Views 0 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 […]

CARO- 2020 is applicable for the financial year 2021-22 onwards

September 2, 2021 296901 Views 2 comments Print

As per Ministry of Corporate Affairs (MCA) Order dated 25th February, 2020, CARO 2020 was applicable for the financial year 2019-20 onwards. It was subsequently amended vide its order dated 24th March, 2020 for the deferment of CARO 2020 from financial year 2019-20 to 2020-21. MCA has further deferred the applicability of CARO 2020 from […]

No GST Audit under Finance Act, 2021 notified w.e.f. 01.08.2021

September 2, 2021 125481 Views 2 comments Print

It is submitted that Section 35 and 44 of The Central Goods and Services Tax, Act, 2017 (“CGST Act, 2017”) has been amended by Finance Act, 2021. It is stated that Sections 2 to 88 of Finance Act, 2021 shall come into force on the 1st day of April, 2021 and Sections 108 to 123 […]

Restriction to avail ‘ITC’ if no GSTR-1 is filed by supplier

September 1, 2021 50547 Views 0 comment Print

Restriction to avail ‘ITC’ under Section 16(2)(aa) & Rule 36(4), if no GSTR-1 is filed by supplier Input Tax Credit (ITC) forms the backbone of GST. It is imperative to streamline seamless flow of credit and any impending issues under ITC must be resolved at the earliest for making GST a Good and Simple Tax. […]

GSTR 3B notified as specified return under Section 39 w.e.f. 01-01-2021

August 31, 2021 19221 Views 1 comment Print

GSTR -3B has been notified as a return as specified for Section 39 of CGST Act, 2017 w.e.f. 01-01-2021 The Central Goods and Service Act, 2017 (CGST Act, 2017) prescribed three returns i.e. FORM GSTR-1 (for outward supplies) u/s 37 of CGST Act, 2017 [Rule 59(1)], FORM GSTR-2 (for inward supplies) u/s 38 of CGST […]

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