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Rule 36(4) of CGST Rules, 2017- Imposition of restriction on the availment of the Input Tax Credit- Practical Difficulties
Rule 36(4) of CGST Rules, 2017 Rule 36(4) of CGST Rules, 2017 is inserted to curb ITC. The scam of ITC by many suppliers was the main reason behind it. But there are many practical issues related to it’s implementation. Let us have a look
CA Rachit AgarwalJan 28, 2020No GST on Notice pay: Madras High Court
Case covered: GE T & D India Limited(formerly Alstom T & D India Limited) The petitioner in all WPs Versus Deputy Commissioner of Central Excise Respondent in all WPs Facts of the case: Writ Petitions filed under Article 226 of the Constitution of India, to
CA Shafaly GirdharwalJan 28, 2020Pre-sales marketing services by Indian subsidiary to the foreign parent company
Case covered: M/s Infinera India Pvt Ltd, Prestige Solitaire, Level 4-401, No 6, Brunton Road, 560025 Facts of the case: The appellant is a 100% Export Oriented Unit under the STPI scheme and is a wholly-owned subsidiary of Infinera Corporation, USA. The Appellant is predominantly
CA Shafaly GirdharwalJan 28, 2020Staggering of GSTR- 3B returns
GST Staggering of GSTR- 3B returns Implications and Challenges! GST returns Present vis-à-vis Future! Staggering – Why preferred! Staggering – Globally! Staggering – In India! Staggering – Challenges!
Pritam MahureJan 27, 2020Odomos is not medicine, it is mosquito repellent: Allahabad High Court, No judicial review required
Case covered: Petitioner:- M/S Dabur India Ltd. Respondent:- Commissioner Of CGST, Ghaziabad and 4 Others Counsel for Petitioner:- Atul Gupta, Abhishek Kumar Tripathi Counsel for Respondent:- A.S.G.I., Ashok Singh Facts of the case: The petitioner has invoked the extraordinary jurisdiction of this Court under Article
CA Shafaly GirdharwalJan 27, 2020Interim protection granted to the petitioner withdrawan: GST Fake invoice scam
Introduction: In this case of GST fake invoice scam, the petitioner was awarded the protection. Plea for vacating this protection was moved through Counsel Harpreet Singh who put a stellar performance. Credit goes to Ms. Mayusha Goyal, JC and Y Kumar, AC for strategizing and
CA Shafaly GirdharwalJan 27, 2020CBIC blocked ITC Worth Rs. 40,000 Crore: CBIC Chief
In a recent story CBIC Chief told that CBIC blocked ITC of Rs. 40,000 crores. ITC credit of around 2000 companies is blocked. It is due to a mismatch in GST returns and auto-populated credit. Massive credit blocking excercise is confirmed by CBIC chief John
CA Shafaly GirdharwalJan 27, 2020CREATING JSON FOR GSTR 9C
CREATING JSON FOR GSTR 9C Prerequisite system requirement 1. Operating System 7 and above 2. Microsoft Excel 2007 and above 3. Latest emsigner downloaded 4. Internet Explorer 10+ 5. Java 1.6, JRE 1.6.0_38+, Jan 1.7, Java 1.8 Security Settings before generating JSON file of GSTR
Draft reply on 36(4) notices: Download PDF
Draft reply on 36(4) notices (Disclaimer: It is just a draft, please take professional help while making a formal reply. It is only for educational purposes) Date………………… To, Proper Officer, Range……………………………… ………………………………. ( Central/state Jurisdiction) Dear Sir/Madam, Sub: Email notification No……………dated…………… Ref: GST Registration Number:
Nitin BhutaJan 26, 2020Standard Operating Procedure (SOP) to be followed by exporters: Circular no.131/2020
Importance: (SOP) to be followed by suppliers is covered in this circular. This is the text of circular no. 131/2017 issued by CBIC.It has prescribed the standard operating procedure for exporters in GST. As you are aware, several cases of monetization of credit fraudulently
CA Shafaly GirdharwalJan 24, 2020ALL ABOUT FOREIGN COMPANIES- FEW IMPORTANT ASPECTS
ALL ABOUT FOREIGN COMPANIES- FEW IMPORTANT ASPECTS INCLUDING FDI, RULES ON NAMES, NOTARY, APOSTILLATION, AND CONSULARISATION At the outset, the recent changes w.r.t. the running of the business in India, it includes the start-ups are getting recognition, the MSMEs are getting their dues clear due
CS Varun KapoorJan 24, 2020No blockage of ITC on default of supplier: M/s LGW Industries Limited
Case Covered: M/s LGW Industries Limited, having its principal place of business at Tower-1, 1803, G-2, Block-GP, P S Srijan Corporate Park, Sector-V, Salt Lake City, Kolkata, North 24 Parganas, Kolkata- 700091. 2. Bharat Gupta, son of Abhay Kumar Gupta, Managing Director and Shareholder having
CA Shafaly GirdharwalJan 23, 2020