Professional Empowerment Series- Getting the Requisite Experience – Article -3

  • Category: Empowerment
  • Date: 07-09-2020
  • Writer: CA Madhukar N Hiregange

We have set out inspiring goals, got the basic knowledge and gotten into the habit of updating our knowledge, skilling ourselves in identified area for success. One needs to continue to work/ learn on all the area. When I started my office in 1987 ( pre qualification) there was hardly anybody visiting for days together. I wasted those precious years in reading novels!!. However, if I had joined an advocate in indirect taxes I would have moved up the knowledge and experience ladder faster. I...

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Input services ITC also eligible for refund under Inverted duty structure – Analysis of Guj HC decision & its impact

  • Category: Input Tax Credit
  • Date: 04-09-2020
  • Writers: CA Venkata Prasad, Monika Motta

Detailed analysis of GSTR 2B

  • Category: GST
  • Date: 02-09-2020
  • Writer: CA Dhruv Dedhia

We all have got an abundance of opportunities to enhance our skills in this pandemic. GSTN also has taken due benefit of the same by adding new functionalities on the portal, most prominent being enabling of form GSTR 2B. In the 39th Council meeting held on 14.03.2020, Shri Nandan Nilekani addressed the system related issues that are being faced by the taxpayers. Addressing the difficulty in compliance and tax evasion, it was suggested to link ITC in FORM GSTR 3B to the details of the...

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Professional Empowerment Series – Background – Goal Setting – Article-1

  • Category: Empowerment
  • Date: 02-09-2020
  • Writer: CA Madhukar N Hiregange

Many of us old timers have over a period of time made a number of mistakes, got into areas counter productive to our profession and feel less satisfied at the end of the day. Most of us blundered through professional life learning from mistakes many several times and also repeated.

Though we are expected to be the financial trustees to the world/ country, belonging to a “noble profession” we feel inadequate, frustrated by the ground realities. Though we are professionals with...

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Professional Empowerment Series- Getting the Knowledge Edge – Article -2

  • Category: Empowerment
  • Date: 02-09-2020
  • Writer: CA Madhukar N Hiregange

This article (more a collation of thoughts) is a sequel to the first on goal setting. Many students and practitioners may wonder on whether their dreams and plans would actually be achieved. The structured approach [ using planners, reminder and to do list enabled in any normal software program could be a big support]  to achieve any action would no doubt be a bit challenging at take off stage. Once started inevitably one come across hurdles. The road bumps could detract one from...

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Jurisprudence on levying interest under GST

  • Category: Levy and supply
  • Date: 26-08-2020
  • Writer: CA Spudarjunan S

“The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” – Salmond

Introduction

Interest in taxation matters is an automatic levy and compensatory in nature, for withholding the money of the Government by delay in payment of tax within due date. It is a mechanism to compensate the revenue for the loss caused to it due to the late payment[1]. The overall context of levy...

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How to disclose transactions/adjustments of FY 17-18 in the Annual return of FY 18-19?

  • Category: Procedure and Compliance
  • Date: 26-08-2020
  • Writer: CA Mannu Kashliwal

Introduction

Completed 3 years in operation but still struggling to rise-up to the average expectations of the stakeholders; GST has proved to be a loop of extension of compliance deadlines. The main reason behind such extensions is incompetent and incapable GSTN network which crashes every now and then #gstnfailed. One such compliance is the filing of Annual Return (Form GSTR 9) and GST Audit (Form GSTR 9C). As of now, the due date of filing GSTR 9 and GSTR 9C is fast approaching and is...

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The Indirect tax judgments that need amends

  • Category: assessment and litigation
  • Date: 26-08-2020
  • Writer: Manish Sachdeva

Some judgments are timeless. For their infinite intellect, the decisions serves as bible for the Courts to come and legislator to penetrate. Some others however need to go with the lapse of time, for that they are not needed anymore or for their inherent flaws.

The present piece examines some of the rulings by the Hon’ble Supreme Court rendered in the context of earlier indirect tax laws, which are in dire need of correction in as much as their extrapolation on the GST code is imminent...

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Permissible Ambit of a Delegated Legislation

  • Category: sector specific
  • Date: 25-08-2020
  • Writer: Adv Surabhi Parihar

I. Concept of delegated legislation

P. Ramanatha Aiyar’s, The Law Lexicon, defines delegation as an act of making or commissioning a delegate. Subordinate/delegated legislation is a process by which the executive is given powers by primary legislation to make laws in order to implement and administer the requirements of that primary legislation. Thus, the phrase “to implement and administer the requirements of that primary legislation” defines the boundaries or the scope for...

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FY 2019-20: GST Compliance - Action Points

  • Category: Procedure and Compliance
  • Date: 20-08-2020
  • Writer: CA Dhruv Dedhia

We are all aware that COVID 19 pandemic has a great impact on the economy and non-compliance under any tax law due to cash flow has led to the payment of interest, late fee, and penalty. Generally, September is the compliance month for tax laws such as Income tax or GST law (previous financial year compliance).

Study of GST trend from inception, relaxation for rectification of errors, or omission only for FY 2017-18 transaction up to due date of furnishing GSTR 1 of March 2019. However,...

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