Advocate Amit Bajaj
Taxable event under GST- Supply and its scope
Goods and Services Tax - Taxable event is very important matter in every tax law. Its determination is most crucial for proper implementation of any tax law. Taxable event is that on happening of which charge is fixed. ...
Read MoreComplete User Guide for Migration to GST in Punjab
Goods and Services Tax - GST Migration starts from 16 December 2016 for State of Punjab. Migration will close on 31st December 2016. Registrants will be provided Provisional ID and Password by ETD, to Login to the GSTN Portal (www.gst.gov.in)....
Read MoreConsequences of Filing Income Tax Return After Due Date
Goods and Services Tax - The due date for filing income tax return for corporate assessees and other assessees who are required to get their accounts audited under Income Tax Act 1961 or under any other law for the time being in force is 30th September and for others it is 31st July every year as have been prescribed u/s 139(1). For a layman sometimes it may c...
Read MoreScope of prima facie adjustment u/s 143(1) of Income Tax Act enhanced
Goods and Services Tax - The Finance Act, 2016 has made a very important amendment to section 143(1) of Income Tax Act, 1961, whereby the scope of prima facie adjustments u/s 143(1) has been enhanced while processing the returns. The following four sub-cluases and two provisos to the clause (a) of Section 143(1) have been added to allow for the […]...
Read MoreNo entry tax on sugar in Punjab till date
Goods and Services Tax - There has been a lot of confusion off late about the levy of entry tax on import of sugar from outside the State of Punjab. The Excise and Taxation Department has been recovering entry tax on sugar imported from outside the state of Punjab. The new entry tax law legislated by Punjab Government I.e. Punjab […]...
Read MoreWCT Rate in Punjab enhanced from 5% to 6%
Goods and Services Tax - Advocate Amit Bajaj Section 27 of the Punjab VAT Act, 2005 has been amended to enhance the rate of Works Contract Tax i.e tax to be deducted from payments made to contractors and sub-contractor, from 5% to 6%. Now after the above amendment rate of WCT will be 6% under Punjab VAT Act, 2005....
Read MoreSome views on Penal Provisions u/s 29(8) of MVAT Act
Goods and Services Tax - It is well esteblished principle that the power to levy penality under taxation laws is incidental and ancillary to the power of collection of tax and is provided to make sure the compliance of tax deposits by the assessees. Taxation laws are welfare laws i.e they are for the welfare of the general public at large....
Read MoreNo disallowance of ITC for mere technical defect in VAT invoice – HC
M/s Avdesh Tracks Private Limited Vs. The State of Punjab and another (Punjab & Haryana High Court) - The Hon'ble Punjab & Haryana High Court in a crucial decision has held that input tax credit cannot be disallowed merely for a technical defect in the VAT Invoice such as non mentioning of words “Input Tax Credit is available to a person against this copy” as per Rule 54 of the Punjab VAT Rules,...
Read MoreNo local VAT on goods purchased inter-state or in the course of import in works contracts-SC
Commissioner, Delhi Value Added Tax Vs M/s. ABB Ltd. (Supreme Court of Court) - The Hon’ble Supreme Court delivering very important judgment with regard to taxability of inter-state works contract. In the case of Commissioner, Delhi VAT vs ABB Ltd., it has been held that in case the goods are purchased from other States or are imported from outside the country...
Read MoreAssessment time cannot be extended if it already becomes time barred: SC
State of Punjab & Ors. Vs M/S Shreyans Indus.Ltd. Etc. (Supreme Court of India) - Supreme Court, in State of Punjab Vs. M/s. Shreyans Indus Ltd., has held that power of the Sales Tax Commissioner to extend the time to pass an order on assessment is to be exercised before the normal period of assessment expires....
Read MorePunjab VAT-Penalty levied u/s 51 without serving proper notice is illegal
Welspun Projects Limited vs State of Punjab - The Punjab VAT Tribunal in one of my cases namely Welspun Projects Limited vs State of Punjab Appeal No. 146 of 2014 decided on 27.04.2015, has quashed the penalty levied u/s 51 of Punjab VAT Act, 2005 on the roadside, as the same was levied without serving proper notice and thereby denying reasonab...
Read MoreState Govt did not have power to legislate Rule 21(8) of Punjab VAT Rules
Jalandhar Vs State of Punjab and others (Punjab & Haryana High Court) - Punjab & Haryana High Court in the case of The Jalandhar Iron and Steel Merchants Association(Regd), Jalandhar vs State of Punjab has held that the State Government did not have power to legislate Rule 21(8) of Punjab VAT Rules, 2005 before 01.04.2014 so as to restrict ITC on stock of iron and stee...
Read Moree-way bill not required till 31.03.2018 for intra-state supplies of goods in Punjab
Notification No. GST-I-2018/101 - (29/01/2018) - Punjab Government has notified under Rule 138(14)(d) of Punjab GST Rules, 2017 that e-way bill will not be required to be generated for a period of two months from 1st February, 2018 for intra-state supply of goods provided such goods do not cross the State boundary during the transit. However, a p...
Read MoreServices by Excise and Taxation Department brought under Punjab Right to Service Act, 2011
NO. 5/27/2014-2GR-2(PF)/668042/1 - (15/01/2016) - The Government of Punjab has notified the additional services, stipulated time limit, designated officers, first appellate authorities and second appellate authorities for the purpose of Section 3 of the Punjab Right To Service Act, 2011. This new notification has also brought many services provided...
Read MorePunjab VAT-Rate of tax on iron and steel enhanced to 3.5%
S.O. 9/P.A.8/2005/S.8/2015 - (11/03/2015) - Now, therefore, in exercise of the powers conferred by sub-section (3) of section 8 of the Punjab Value Added Tax Act, 2005, (Punjab Act No. 8 of 2005), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following ...
Read MoreRecent Posts in "Advocate Amit Bajaj"
e-way bill not required till 31.03.2018 for intra-state supplies of goods in Punjab
Notification No. GST-I-2018/101 - (29/01/2018) -
Taxable event under GST- Supply and its scope
Complete User Guide for Migration to GST in Punjab
No disallowance of ITC for mere technical defect in VAT invoice – HC
M/s Avdesh Tracks Private Limited Vs. The State of Punjab and another (Punjab & Haryana High Court) -
Consequences of Filing Income Tax Return After Due Date
Scope of prima facie adjustment u/s 143(1) of Income Tax Act enhanced
No entry tax on sugar in Punjab till date
No local VAT on goods purchased inter-state or in the course of import in works contracts-SC
Commissioner, Delhi Value Added Tax Vs M/s. ABB Ltd. (Supreme Court of Court) -
Assessment time cannot be extended if it already becomes time barred: SC
State of Punjab & Ors. Vs M/S Shreyans Indus.Ltd. Etc. (Supreme Court of India) -
Services by Excise and Taxation Department brought under Punjab Right to Service Act, 2011
NO. 5/27/2014-2GR-2(PF)/668042/1 - (15/01/2016) -
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