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Manoj Agarwal

Latest Articles


Section 87A Rebate – Income Tax Act – Detailed Analysis

Income Tax : As we all aware that, section 87A is considered as one of the most important section. Since the rebate is very important to reduce...

May 5, 2020 60485 Views 0 comment Print

Major Relief to Small Taxpayer’s in GST

Goods and Services Tax : The Central Government has issued Exemption Notification No. 8/2017-CT(Rate) dated 28-06-2017 giving relaxation to Registered Pers...

October 3, 2018 17331 Views 1 comment Print

Due Date for payment of GST for July, 17 is 15/09/17!!!

Goods and Services Tax : Article explains Due Date for filing GST Returns, Due Date for Payment of GST, Due Date for Payment of GST: Legal Analysis...

August 18, 2017 136824 Views 18 comments Print

How to E-Sign GST Enrollment Application using Aadhar Number?

Goods and Services Tax : The GST Enrollment Application can be signed either by using Digital Signature (DSC) or by E-Signing. The use of DSC is mandatory ...

January 25, 2017 56628 Views 9 comments Print

Proposed Salient Features of New Income Disclosure Scheme for disclosing #blackmoney held as #cash

Income Tax : 1. Applicable for undisclosed income in the form of Cash or deposits already made or to be made in bank accounts. 2. Income Tax @ ...

November 28, 2016 6184 Views 4 comments Print


Latest Judiciary


Exemplary Cost to be imposed on Commissioner, if precedent not followed while filing appeal: Bombay High Court

Income Tax : In a judgement dated 19-01-2015 in the case of CIT-8 Vs. Proctor and Gamble Home Products Ltd., the Hon’ble Bombay High Court wh...

November 5, 2015 1718 Views 0 comment Print


Whether Levy of SBC is challengeable? Yes, it seems to be

November 19, 2015 1811 Views 0 comment Print

To finance and promote Swachh Bharat initiatives, an enabling provision was incorporated in the Finance Act, 2015 (hereinafter referred as the Act) vide Chapter VI to empower the Central Government to impose a Swachh Bharat Cess (hereinafter referred as SBC) on all or any of the taxable services at a rate of 2% on the […]

All about Swachh Bharat Cess: FAQ

November 11, 2015 7964 Views 1 comment Print

Whether SBC is chargeable on import or manufacture of goods, like done earlier for Education Cesses? No, SBC is not chargeable on goods. Unlike education cesses, the levy has been subjected only on taxable services. The rationale behind the differentiation between goods and services is not known, especially when dirt, pollution and environmental damages are mainly attributed to manufacturing activity, industrialization and relatively more directly related with goods than services. Hence, the levy is not based on principles of equality and the service sector has been discriminated and penalized for no fault of theirs. Yet, the parliament is constitutionally empowered to legislate and enforce the same.

Exemplary Cost to be imposed on Commissioner, if precedent not followed while filing appeal: Bombay High Court

November 5, 2015 1718 Views 0 comment Print

In a judgement dated 19-01-2015 in the case of CIT-8 Vs. Proctor and Gamble Home Products Ltd., the Hon’ble Bombay High Court while dismissing the appeal, passed stringent strictures and gave directions to the Revenue Authorities when the Revenue choose to persist with the Appeal

YOGA is now Tax Free Service – Baba Ramdev must be delighted!!

October 24, 2015 3419 Views 0 comment Print

In a welcome move to promote YOGA, the Central Government has exempted the activities relating to ‘advancement of yoga’ from the levy of service tax. The definition of ‘charitable activity’ contained in mega exemption notification no. 25/2012-ST dated 20-06-2012 has been amended by Notification No. 20/2015-ST dated 21-10-2015 to include ‘yoga’ in the said definition. […]

Proposed GST Return – Salient Features

October 21, 2015 2985 Views 0 comment Print

The Joint Committee on Business Process for #GST has submitted it’s Report on GST Return. The salient features for proposed #GSTReturn are as below: 1. There will be common E-Return for CGST, SGST, IGST and Additional Tax. 2. Every registered person is required to file a return for the prescribed tax period. A return needs […]

Utilization of CESS against payment of excise duty: Whether industry has been fooled?

May 2, 2015 6247 Views 0 comment Print

 In a significant move towards Goods & Service Tax (GST), the Central Government had issued Notification No. 14/2015-CE and 15/2015-CE dated 01-03-2015 (as part of the Union Budget – 2015 Notifications) whereby it exempted all goods falling under First Schedule of the Central Excise Tariff Act, 1985 (CETA) from the levy of Education Cess and […]

Transit Sale – Dealer Registration is not mandatory

April 17, 2015 18772 Views 14 comments Print

It has created a lot of confusion and worry in the minds of those manufacturers and dealers who receive goods directly, as consignee, from manufacturer through unregistered dealer (as buyer) and avail cenvat credit on the strength of invoice of supplier manufacturer.

Budget 2015: Clarifications regarding increase in Service Tax Rate

March 3, 2015 63538 Views 0 comment Print

Articles Clarifies Doubts Regarding Applicability of Revised Rate of Service Tax of 14% and Applicability of Swachh Bharat Cess, Educational Cess and SHE Cess on the New Service Tax Rate of 14%. Articles also clear the doubts regarding 16% Service Tax Rate after applicability of Swachh Bharat Cess on Taxable Services. Amid huge expectations and […]

Reverse Charge Mechanism For Individual/Proprietorship firm

October 14, 2014 56256 Views 10 comments Print

1. Freight paid/payable to Goods Transport Agency (GTA) 1.1    Does individual/proprietorship firm is liable to pay service an When tax under reverse charge? An Individual or a proprietorship firm is liable to take service tax registration and pay service tax under reverse charge only if:- i. It is registered as a dealer of excisable goods […]

Ultra-Vires of Rule 5 of Point of Taxation Rules, 2011

August 3, 2014 10113 Views 0 comment Print

It is well settled law that levy of tax is one thing and collection thereof is quite different thing. Once the levy is attracted, the collection of tax may be at any different point/stage or event. For example, in case of central excise duty, the levy is on the ‘manufacture or production of goods’ while the collection of duty is postponed till the time of removal of excisable goods.

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