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Validity to maintain records & details at centralized level under GST

August 27, 2021 3813 Views 0 comment Print

Validity to maintain of records and details at centralized level by the entity under GST law This is to apprise you of a case where documents or details are not available with the taxpayer at GST registration level where entity is operating with multiple registrations: Lately, a number of summons, notices and departmental audit proceedings […]

Compliances by the Private Company after Incorporation

August 27, 2021 5961 Views 0 comment Print

Article on Compliances by the Private Company after Incorporation covers the Timeline for First Board Meeting, Appointment of Auditor, Opening Current Account, Form INC-20A, Declaration of Commencement of Business, Issue Share Certificate, Holding of Board Meetings, Maintenance of Statutory Registers and Records, Disclosure of Interest by all the directors of the Company, Statutory Audit of […]

Legal opinions from Special Auditor can be sought by AO u/s 142(2A)

August 27, 2021 1317 Views 0 comment Print

The Petitioner contended some of the directions issued by the Respondent are bad in law because the Respondent has delegated upon a special auditor the work which he himself was required to do thereby is in the nature of investigation. Such directions cannot be segregated from the other directions and therefore submitted that the entire order containing the directions be quashed and set aside.

Whether Proviso to section 17(5)(b)(iii) applicable on Food & Beverage?

August 27, 2021 6129 Views 0 comment Print

Legal Examination of the Section. Section 17(5)( b) of CGST Act, 2017 reads as under: (b) the following supply of goods or services or both- (i) Food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause […]

Format of Agreement of Loan from Directors

August 27, 2021 71346 Views 0 comment Print

LOAN AGREEMENT THIS LOAN AGREEMENT (this Agreement) is MADE AND ENTERED INTO AT JAIPUR ON THIS 26TH AUGUST, 2021 BETWEEN: Mr. ________________ son/Daughter of Shri ________________ residing at ________________ (hereinafter referred to as the “Lender”,) which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include his heirs, administrators, […]

Inverted Duty Structure Refund – Service Providers

August 27, 2021 21009 Views 5 comments Print

Introduction: > Where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on Output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council. > […]

Time Limit for Refund Application under GST

August 27, 2021 249516 Views 9 comments Print

According to Section 54 of CGST Act, an application for claiming refund of any tax and interest can be made before the expiry of two years from the relevant date.  Here there is a question of what the relevant date is.  Don’t worry, the Act further provides an explanation for the relevant date for various […]

Secured Creditor haves priority in charge over dues of Income Tax Department

August 26, 2021 1905 Views 0 comment Print

The Petitioner is an assignee of right, title and interest of the credit facilities to Borrower which is now in liquidation and the Petitioner has a secured and a prior charge over the attached properties of the Borrower. The Petitioner, due to the prior charge, has been aggrieved by the order of the Respondent which is seeking Income Tax dues from the Borrower.

Object of Section 40A is to curb flow of black money & not to put an impediment to Business

August 26, 2021 2076 Views 0 comment Print

The object of the provisions of Section 40A is to curb the flow of black money and not to put an impediment to the trade and Business The Hon’ble Tribunal accepted the plea of the assessee The writ petition of the CIT was reject ted by the Hon’ble PB and Hr. High Court The plea […]

TDS And TCS In Income Tax On Purchase of Goods

August 26, 2021 70590 Views 0 comment Print

The Finance Act, 2021, has inserted Section 194Q, in Income Tax Act, 1961 with effect from 01.07.2021, to provide for the deduction of tax (TDS) on certain purchases. The TDS has to be deducted if the value or aggregate purchase value exceeds Rs. 50 lakhs during the previous year. As per Finance Act, 2021, Section […]

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