Posts Tagged ‘Transition’

Clarification on doubts regarding Section 128A

Posted On October 16th, 2024

New Delhi, dated the 15th October, 2024 To, The Pr. Chief Commissioners / Chief Commissioners / Principal Commissioners /Commissioners of Central Tax (All) The Principal Directors General / Directors General […]

Fine payment to redeem goods on confiscation does not result in waiving of ...

Posted On July 26th, 2024

Note – The owner of goods has a liability to pay customs duty, even after confiscated goods are redeemed after payment of fine and other charges under Section 125 of […]

Refund to be granted under old VAT law once transitioned credit reversed an...

Posted On May 30th, 2024

Note – The petitioner had transferred the input tax credit amount to the electronic credit ledger on transition from VAT but not utilised the same under GST. It was reversed […]

Notified Area Authority distinct from Local Authority and Govt. Authority

Posted On May 7th, 2024

Note – The Area Development Authority is not akin to the municipality constituted under Article 243Q(1) of the Constitution of India. In view of the decision of the Hon’ble Apex […]

Refund cannot be rejected just because it falls under other categories

Posted On March 6th, 2024

Note – Refund claim of amount deposited under protest on refusal of Revenue to transition unadjusted TDS credit to GST, cannot be rejected on the ground that the application was […]

Compensation Cess Under GST not exempted on imports by SEZ unless specifica...

Posted On January 9th, 2024

Note – A conjunctive study of Section 26(1)(a), 2(zd) of SEZ Act, 2005 and Section 2(15) of Customs Act, 1962 would pellucidly tell us that the phrase ‘duty of customs’ […]

Goods cannot be detained for non payment of SGST when place of supply linke...

Posted On November 24th, 2023

Note – Where the supply is made on the direction of a 3rd party, then the place of the principal or the 3rd party shall be the place of supply […]

While retrospective amendments possible for curing defects amendment to be ...

Posted On October 25th, 2023

Note – Section 19 of the Constitution (101st Amendment) Act, 2016 and Article 246A enacted in exercise of constituent power, formed part of the transitional arrangement for the limited duration […]

Limitation for filing appeal starts from date of service of order and not d...

Posted On August 10th, 2023

Note – Rule 108 no doubt prescribes that the appeal has to be filed electronically, but it nowhere prescribes that the same is to be filed only after the impugned […]

Performance of obligation by a party in a joint venture does not result in ...

Posted On August 9th, 2023

Note – Performance of a party in the joint venture agreement does not amount to a contractor-contractee or principal-agent relationship between the coventurer and the joint-venture, which is a pre-requisite […]

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