CA Shafaly Girdharwal
833 articles written by CA Shafaly Girdharwal on ConsultEase.
Critical analysis of what can be covered in “plant”- Based on Judgments of Income tax
It’s very important to understand what is “plant” to get that benefit of ITC. Here I have tried to compile some judgments of income tax to help you understand what’s plant. When a building can be considered as a plant. Not every building even if
How to interpret the Taxation statutes?
Regarding the interpretation of taxation statutes, the parties have relied on several decisions. The law laid down on this aspect is fairly well-settled. The principles governing the interpretation of the taxation statutes can be summarised as follows: A. A taxing statute must be read
Will Malls and Warehouses Automatically Get ITC After the Supreme Court Judgment?
The Supreme Court’s recent judgment in the Safari Retreats case has sparked interest across businesses, particularly those engaged in real estate development and commercial leasing. The core issue revolved around whether the construction of malls, warehouses, and other immovable properties would qualify for Input Tax
Three important questions answered by the Honourable SC in relation to ITC of (real estate) inputs used in immovable property
How it’s a relief when the blockage in both clauses of section 17(5) is upheld by the court? This write up will help you to understand what exactly is pronounced by the Apex court. Since morning we are hearing that there is a big relief
High Court Rules Against Bypassing GST Act for Prosecution Under IPC
Deepak Singhal vs. Union of India (Writ Petition No. 21641 of 2024) in points : 1. Court and Judges : Madhya Pradesh High Court, Indore. Judged by Hon’ble Justice Sushrut Arvind Dharmadhikari and Justice Duppala Venkata Ramana. 2. Petitioner : Deepak Singhal, proprietor of
GSTR-1A FAQ: Key Changes and Updates from August 2024
1. What is the GSTR-1A form? Answer : GSTR-1A is a GST return form that allows taxpayers to make amendments to their previously filed GSTR-1. It was reintroduced on July 10, 2024, following its suspension in 2017. This form helps in updating sales invoices and
Supreme Court Judgment on Retrospective Application of Mining Taxation Ruling: Balancing Legal Precedent and Practical Implications
Supreme Court judgment dated August 14, 2024, involving a significant legal issue related to the retrospective application of a court ruling in mining taxation. Summary of the Judgment: 1. Background : – The case involves the overruling of the 1990 India Cement Ltd.
Guidelines for the Second Special All-India Drive Against Fake GST Registrations – 2024
1. Background : Following the success of the first special drive in 2023 to weed out fake GST registrations, a need was identified for a second coordinated effort. This drive will take place from August 16, 2024, to October 15, 2024, involving both Central and
Key Changes to ISD Rules in Finance Bill 2024: What Businesses Need to Know
The recent amendments to the Input Service Distributor (ISD) provisions in the Finance Bill 2024 have introduced significant changes that are set to impact businesses starting from April 1, 2025. These changes mandate that any office receiving tax invoices for input services must register as
Interim Relief Granted Against GST Notification No. 56/2023
Here’s a summary of the key points: 1. Notification in Question : – The petition challenges Notification No. 56/2023 dated 28.12.2023, issued by CBIC. – The notification extends the time limits for passing orders under Section 73(9) of the CGST Act, 2017 for the
Impact of Merging of Sec. 73, 74 Into New Section 74A
Summary: Consolidation: Section 74A merges the provisions of the earlier Sections 73 and 74, creating a unified framework for addressing both non-fraud and fraud-related tax discrepancies. Notice and Order Timelines: Simplified and unified timelines for issuing notices and orders, with clear deadlines and conditions.
Interest and Penalty Waiver in GST Section 128A-FAQ’s
Q1: What is the purpose of the new Section 128A in the CGST Act? A1: The purpose of Section 128A is to provide an amnesty scheme to waive off interest and penalties for proceedings under Section 73, for certain periods. This scheme allows taxpayers to