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Ca Vinamar Gupta

Latest Posts by Ca Vinamar Gupta

Critical Issues in registration under GST

October 3, 2021 9360 Views 0 comment Print

Critical Issues in registration under GST 1. Registration at residential premises 2. Physical Verifications for Deemed Approvals 3. State from where a person can be said to be making taxable supply in the case of a) Works Contractors, b) Importers, c) Retained delivery at Seller’s Site d) Goods Carried to other states on approval basis […]

Deduction for ‘profits & gains’ derived from eligible business is not limited to ‘business income’: SC

May 1, 2021 5262 Views 0 comment Print

Supreme Court in Reliance Energy Ltd., [2021] 127 taxmann.com 69 (SC) pronounced on 28-04-2021 has drawn distinction between ‘profits and gains derived from eligible business’ and ‘business income’ to explain the scope of deduction on profits and gains derived from eligible business.

Analysis of SC Decision related to interpretation of Exemption provisions

April 28, 2021 5154 Views 0 comment Print

Analysis of Supreme Court Decision in Mother Superior Adoration Convent relating to interpretation of Exemption provisions Introduction Supreme Court Decision in Dilip Kumar and Company had at one point of time appeared to have closed all alternate doors of interpreting exemption provisions by clearly stating that any benefit of doubt in interpreting the exemption provisions […]

SC decision in Pepsi Foods on stay of demand by ITAT beyond 365 days

April 28, 2021 4158 Views 0 comment Print

Article analyses recent Supreme Court Judgment in the case of DCIT Vs Pepsi Foods Ltd. in which while deciding the constitutional validity of the third proviso to Section 254(2A) of the Income Tax Act, 1961 it was held by SC that Any order of stay shall stand vacated after the expiry of the period or […]

SLP on penalty for borrowing above Rs. 20000 dismissed by SC

January 22, 2021 1755 Views 0 comment Print

SLP on penalty for borrowing above Rs. 20000 dismissed by Supreme Court in the case of Vasan Healthcare Pvt. Ltd. & Anr. Vs. Additional Commissioner Of Income Tax where unaccounted money of the financer routed by the director through accounts of Assessee. Introduction Supreme Court in Vasan Healthcare (P.) Ltd. [2021] 125 taxmann.com 266 (SC) […]

Midnight GST Summons for on spot examination & other Issues

November 10, 2020 3231 Views 0 comment Print

Observations of Telangana High Court in Agarwal Foundries Private Limited Rama Towers Vs Union of India pronounced on 06-11-2020 in a case where both revenue and assesse made counter allegations of physical assault on each other on various issues as under: a) Whether midnight summons can be issued for on spot examination ? It was […]

Self Assessment Scheme under GST

November 10, 2020 16203 Views 0 comment Print

Introduction Self Assessment Scheme under the GST law is not new and in the earstwhile regime also the self assessment was available. In section 70 of the Service tax law a person liable to pay service tax could himself assess the tax due on service provided by him. As per Rule 6 of the Central […]

Aadhar Authentication Process Rolled In for GST Registration

August 22, 2020 12030 Views 1 comment Print

Aadhaar Authenticatiobn process has been introduced, for the persons applying for GST registration as Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service Distributor (ISD)/ SEZ Developer/ SEZ Unit etc, in Form GST REG 01.

Situs of Goods or accretion of goods in works contract whether relevant to determine nature of Supply in case of Works Contract

August 16, 2020 1494 Views 0 comment Print

Situs of Goods or accretion of goods in works contract whether relevant to determine the nature of Supply in case of Works Contract Introduction Though GST is destination based tax but In works contract, it is important to determine the point of origin from where supply is made. The point of origin shall not only […]

GST on Stage and Contract Carriage

August 15, 2020 31365 Views 1 comment Print

Exordium In GST law the taxation in the business of passenger transportation can be divided under following categories: 1. Where entire vehicle is not used 2. Where entire vehicle is used Where entire vehicle is used further divisions can be made as under: 1. Distance based Journey 2. Place to Place Journey 3. Time based […]

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