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Rule 86B of CGST Rules- Mysterious Puzzle

January 5, 2021 9405 Views 1 comment Print

With effect from 01.01.2021 vide Notification No. 94 /2020 – Central Tax, dated 22nd December 2020 a new rule i.e., 86B is inserted to curb the ongoing fake invoices transactions. 1. Legal Provision: Notwithstanding anything contained in these rules, the registered person shall not use the amount available in the electronic credit ledger to discharge […]

Contradiction of GST Rule 36(4) with Section 16

January 5, 2021 11097 Views 1 comment Print

The CBIC has introduced new Rule 36(4) vide Notification No: 49/2019-CT dt: 09.10.2019 which restricts Recipients from availing Input Tax Credit (ITC) over and above the ITC available in GSTR2A (Supplier Filed Data). This Rule is somehow contradictory to the Section 16 and let us see briefly how: Rule 36 (4)  “(4) Input tax credit […]

FEMA Provision Pertinent to Resident Individuals

January 5, 2021 16341 Views 4 comments Print

We live in a ‘global village’. This is true for Indians today, more than ever before. The tribe of Indians with financial linkages to the world is growing exponentially. We travel overseas frequently, for work and vacations too. Indian students are found all over the globe. Many of us have close relatives working and residing […]

Applicability of Cash Flow Statement, CARO (2016 & 2020) & Internal Financial Control

January 5, 2021 577179 Views 2 comments Print

Applicability of Cash Flow Statement: – According to Section 2(40) of Companies Act, 2013, The Financial statements of a company include Cash Flow Statement. Cash Flow Statement is governed by The Companies (Accounting Standards) Rules, 2006 (AS 3) and The Companies (Indian Accounting Standards) Rules, 2015 (Ind AS 7), as applicable. The following companies are […]

Pre Budget Memorandum: Suggestions for amendments for better compliance

January 5, 2021 5718 Views 0 comment Print

Pre Budget Memorandum: Suggestions for amendments for better compliance 1) Under section 11 exemption is available to registered trusts if they spend at least 85% of the income property held under trust. However, when any trust spends more than its income (say by borrowings) then the resultant deficit is not calculated by the ITR Form […]

Compliance calendar for the Month of January 2021

January 5, 2021 14685 Views 1 comment Print

The Month of January, 2021 is very significant with regards to the statutory due dates for ROC filing, GST return filings and Income tax filing falling in this month. Tax Compliance and Statutory Compliance calendar for the month of January 2021 helps every registered business and professional to be ready for compliance well in advance. […]

Dispute Resolution under GST Regime in India

January 5, 2021 17964 Views 4 comments Print

The GST Council has been empowered to make a mechanism dealing with the first kind of disputes (i.e. centre-state, state-state etc) under the constitution of India itself.

GST Case law Update – December 2020

January 4, 2021 10434 Views 1 comment Print

1. Retaining by-products/scrap by job-worker – GST applicable? The High Court of Andhra Pradesh in the case of Shirdiri Sainath Industries Vs DCST 2020-TIOL-2052-HC-AP-GST has held including the value of by-products to the milling charges and assessing tax is legally unsustainable. Fact: Rice milling done on job work bases. milling charges was per quintal basis […]

Input Tax Credit reversal on Sale of Shares/Mutual Funds

January 4, 2021 112491 Views 8 comments Print

In GST regime as well as in the previous regime, ITC on exempted supply of goods or services shall be reversed and not eligible for availment. One such exempted supply is sale of shares/mutual funds. ITC reversal on such supply is discussed as below:

A Journey to Arbitration & Conciliation (Amendment) Ordinance, 2020: A Critical Analysis

January 4, 2021 3159 Views 1 comment Print

President of India, Shri Ram Nath Kovind promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020 on 04th November, 2020 (Amendment Ordinance, 2020) thereby amending the Arbitration and Conciliation Act, 1996 (Arbitration Act) third time.

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