Daily Archives: March 21, 2018

Draft Syllabus of Limited Insolvency Examination : Comments invited by IBBI

By | March 21, 2018

Ministry of Corporate Affairs Insolvency and Bankruptcy Board of India invites comments on the Draft Syllabus of Limited Insolvency Examination. Posted On: 21 MAR 2018 6:46PM by PIB Delhi The Insolvency and Bankruptcy Code, 2016 (Code) provides for a class of regulated professionals, namely, Insolvency Professionals (IP), who constitute one of the four key pillars of the… Read More »

Task Force on Income Tax releases questionnaire for Public Comments

By | March 21, 2018

A Task Force consisted of 6 members have been constituted by Govt., dated 22-11-2017, in order to review the existing Income-tax Act, 1961. The deliberations of the Task Force are in progress and has decided to interact with various stakeholders. Task Force has released list of questionnaire inviting suggestions and feedbacks from stakeholders and general… Read More »

File fresh application for GST registration if earlier application is rejected by dept. : HC

By | March 21, 2018

HIGH COURT OF KERALA Rajeevan V.N. v. Central Tax Officer. – 1 Circle, Cochin P.B SURESH KUMAR, J. W.P..(C) NO. 40545 OF 2017 FEBRUARY  21, 2018 C.S. Manu and S.K. Premraj for the Petitioner. Sreelal Warrier and Binoy Vasudevan for the Respondent. JUDGMENT 1. The application preferred by the petitioner for registration under the Central Goods and Services Tax Act and the Kerala… Read More »

Exporters required to furnish bonds to export without paying IGST: Delhi HC

By | March 21, 2018

In order to avail of the input tax credit, the Petitioner, being a new entrepreneur with an export turnover of less than Rs.1 crore per annum, has to necessarily furnish a bond with a bank guarantee HIGH COURT OF DELHI Aphro Ecommerce Solutions (P.) Ltd. v. Union of India S. MURALIDHAR AND PRATHIBA M. SINGH, JJ. W.P.… Read More »

GST not applicable on work contracts if agreements executed before July 1, 2017: HC

By | March 21, 2018

HIGH COURT OF MADRAS Coimbatore Corporation Contractors Welfare Association v. State of Tamil Nadu T.S. SIVAGNANAM, J. W.P. NO. 24853 OF 2017 OCTOBER  5, 2017 S. Doraisamy for the Petitioner. A. Sri Jayanthi and K.Venkatesh for the Respondent. ORDER 1. The petitioner is an association registered under the provisions of the Tamil Nadu Societies Act bearing Registration No.81/2012. The Association was… Read More »

GST council recommendations not in violation of Election Code of Conduct : HC

By | March 21, 2018

HIGH COURT OF GUJARAT Sandipkumar Kirankumar Sharma v. State Election Commission R. SUBHASH REDDY, CJ AND VIPUL M. PANCHOLI, J. WRIT PETITION (PIL) NO. 239 OF 2017 NOVEMBER  15, 2017 Ms. Sneha A. Joshi, Adv. for the Applicant. Kamal B. Trivedi, Adv. General and Ms. Sangita Vishen, Asstt. Govt Pleaderfor the Respondent. ORDER R. Subhash Reddy, CJ – This petition is filed… Read More »

Section 111 of Uttarakhand GST Act 2017 : Procedure before Appellate Tribunal

By | March 21, 2018

Section 111 of Uttarakhand GST Act 2017 ( Section 111 of Uttarakhand GST Act 2017 explains Procedure before Appellate Tribunal and is covered in  CHAPTER XVIII APPEALS AND REVISION)  Procedure before Appellate Tribunal 111. (1) The Appellate Tribunal shall not, while disposing of any proceedings before it or an appeal before it, be bound by the procedure laid… Read More »

Section 110 of Uttarakhand GST Act 2017 : President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.

By | March 21, 2018

Section 110 of Uttarakhand GST Act 2017 ( Section 110 of Uttarakhand GST Act 2017 explains President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc. and is covered in  CHAPTER XVIII APPEALS AND REVISION)  President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc. 110. The qualifications, appointment, salary and allowances,… Read More »

Section 109 of Uttarakhand GST Act 2017 : Appellate Tribunal and Benches thereof

By | March 21, 2018

Section 109 of Uttarakhand GST Act 2017 ( Section 109 of Uttarakhand GST Act 2017 explains Appellate Tribunal and Benches thereof and is covered in  CHAPTER XVIII APPEALS AND REVISION)  Appellate Tribunal and Benches thereof 109. (1) Subject to the provisions of this Chapter, the Goods and Services Tax Tribunal constituted under the Central Goods and Services Tax… Read More »

Section 108 of Uttarakhand GST Act 2017 : Powers of Revisional Authority

By | March 21, 2018

Section 108 of Uttarakhand GST Act 2017 ( Section 108 of Uttarakhand GST Act 2017 explains Powers of Revisional Authority and is covered in  CHAPTER XVIII APPEALS AND REVISION)  Powers of Revisional Authority 108. (1) Subject to the provisions of section 121 and any rules made thereunder, the Revisional Authority may, on his own motion, or upon information… Read More »

Section 106 of Uttarakhand GST Act 2017 : Procedure of Authority and Appellate Authority

By | March 21, 2018

Section 106 of Uttarakhand GST Act 2017 ( Section 106 of Uttarakhand GST Act 2017 explains Procedure of Authority and Appellate Authority and is covered in  CHAPTER XVII ADVANCE RULING)  Procedure of Authority and Appellate Authority 106. The Authority or the Appellate Authority shall, subject to the provisions of this Chapter, have power to regulate its own procedure.… Read More »

Section 107 of Uttarakhand GST Act 2017 : Appeals to Appellate Authority

By | March 21, 2018

Section 107 of Uttarakhand GST Act 2017 ( Section 107 of Uttarakhand GST Act 2017 explains Appeals to Appellate Authority and is covered in  CHAPTER XVIII APPEALS AND REVISION)  Appeals to Appellate Authority 107. (1) Any person aggrieved by any decision or order passed under this Act or the Central Goods and Services Tax Act by an adjudicating authority may… Read More »

Section 105 of Uttarakhand GST Act 2017 : Powers of Authority Appellate Authority

By | March 21, 2018

Section 105 of Uttarakhand GST Act 2017 ( Section 105 of Uttarakhand GST Act 2017 explains Powers of Authority Appellate Authority and is covered in  CHAPTER XVII ADVANCE RULING)  Powers of Authority Appellate Authority 105. (1) The Authority or the Appellate Authority shall, for the purpose of exercising its powers regarding— (a) discovery and inspection; (b) enforcing the… Read More »

Section 104 of Uttarakhand GST Act 2017 : Advance ruling to be void in certain circumstances

By | March 21, 2018

Section 104 of Uttarakhand GST Act 2017 ( Section 104 of Uttarakhand GST Act 2017 explains Advance ruling to be void in certain circumstances and is covered in  CHAPTER XVII ADVANCE RULING)  Advance ruling to be void in certain circumstances 104. (1) Where the Authority or the Appellate Authority finds that advance ruling pronounced by it under sub-section… Read More »

Section 103 of Uttarakhand GST Act 2017 : Applicability of advance ruling

By | March 21, 2018

Section 103 of Uttarakhand GST Act 2017 ( Section 103 of Uttarakhand GST Act 2017 explains Applicability of advance ruling and is covered in  CHAPTER XVII ADVANCE RULING)  Applicability of advance ruling 103. (1) The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only— (a) on the applicant who had… Read More »

Section 102 of Uttarakhand GST Act 2017 : Rectification of advance ruling

By | March 21, 2018

Section 102 of Uttarakhand GST Act 2017 ( Section 102 of Uttarakhand GST Act 2017 explains Rectification of advance ruling and is covered in  CHAPTER XVII ADVANCE RULING)   Rectification of advance ruling 102. The Authority or the Appellate Authority may amend any order passed by it under section 98 or section 101, so as to rectify any error… Read More »

Section 101 of Uttarakhand GST Act 2017 : Orders of Appellate Authority

By | March 21, 2018

Section 101 of Uttarakhand GST Act 2017 ( Section 101 of Uttarakhand GST Act 2017 explains Orders of Appellate Authority and is covered in  CHAPTER XVII ADVANCE RULING)   Orders of Appellate Authority 101. (1) The Appellate Authority may, after giving the parties to the appeal or reference an opportunity of being heard, pass such order as it thinks… Read More »

Section 100 of Uttarakhand GST Act 2017 : Appeal to the Appellate Authority

By | March 21, 2018

Section 100 of Uttarakhand GST Act 2017 ( Section 100 of Uttarakhand GST Act 2017 explains Appeal to the Appellate Authority and is covered in  CHAPTER XVII ADVANCE RULING)   Appeal to the Appellate Authority 100. (1) The concerned officer, the jurisdictional officer or an applicant aggrieved by any advance ruling pronounced under sub-section (4) of section 98, may… Read More »

Section 99 of Uttarakhand GST Act 2017 : Constitution of Appellate Authority for Advance Ruling

By | March 21, 2018

Section 99 of Uttarakhand GST Act 2017 ( Section 99 of Uttarakhand GST Act 2017 explains Constitution of Appellate Authority for Advance Ruling and is covered in  CHAPTER XVII ADVANCE RULING)   Constitution of Appellate Authority for Advance Ruling 99. (1)The Government shall, by notification, constitute an Authority to be known as Uttarakhand Appellate Authority for Advance Ruling for… Read More »

Section 98 of Uttarakhand GST Act 2017 : Procedure on receipt of application

By | March 21, 2018

Section 98 of Uttarakhand GST Act 2017 ( Section 98 of Uttarakhand GST Act 2017 explains Procedure on receipt of application and is covered in  CHAPTER XVII ADVANCE RULING)  Procedure on receipt of application 98. (1) On receipt of an application, the Authority shall cause a copy thereof to be forwarded to the concerned officer and, if necessary,… Read More »

Section 97 of Uttarakhand GST Act 2017 : Application for advance ruling

By | March 21, 2018

Section 97 of Uttarakhand GST Act 2017 ( Section 97 of Uttarakhand GST Act 2017 explains Application for advance ruling and is covered in  CHAPTER XVII ADVANCE RULING)  Application for advance ruling 97.(1) An applicant desirous of obtaining an advance ruling under this Chapter may make an application in such form and manner and accompanied by such… Read More »

Section 96 of Uttarakhand GST Act 2017 : Constitution of Authority for Advance Ruling

By | March 21, 2018

Section 96 of Uttarakhand GST Act 2017 ( Section 96 of Uttarakhand GST Act 2017 explains Constitution of Authority for Advance Ruling and is covered in  CHAPTER XVII ADVANCE RULING)  Constitution of Authority for Advance Ruling 96. (1) The Government shall, by notification, constitute an Authority to be known as the Uttarakhand Authority for Advance Ruling: Provided that the… Read More »

Section 95 of Uttarakhand GST Act 2017 : Definitions : Advance Ruling

By | March 21, 2018

Section 95 of Uttarakhand GST Act 2017 ( Section 95 of Uttarakhand GST Act 2017 explains Definitions and is covered in  CHAPTER XVII ADVANCE RULING)  Definitions 95. In this Chapter, unless the context otherwise requires,— (a) “advance ruling” means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified… Read More »

Section 94 of Uttarakhand GST Act 2017 : Liability in other cases

By | March 21, 2018

Section 94 of Uttarakhand GST Act 2017 ( Section 94 of Uttarakhand GST Act 2017 explains  Liability in other cases and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability in other cases 94. (1) Where a taxable” person is a firm or an association of persons or a Hindu Undivided Family and such firm,… Read More »

 Section 93 of Uttarakhand GST Act 2017 : Special provisions regarding liability to pay tax, interest or penalty in certain cases

By | March 21, 2018

Section 93 of Uttarakhand GST Act 2017 ( Section 93 of Uttarakhand GST Act 2017 explains  Special provisions regarding liability to pay tax, interest or penalty in certain cases and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Special provisions regarding liability to pay tax, interest or penalty in certain cases 93. (1) Save as… Read More »

Section 92 of Uttarakhand GST Act 2017 : Liability of Court Wards, etc.

By | March 21, 2018

Section 92 of Uttarakhand GST Act 2017 ( Section 92 of Uttarakhand GST Act 2017 explains Liability of Court Wards, etc and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability of Court Wards, etc. 92. Where the estate or any portion of the estate of a taxable person owning a business in respect of… Read More »

Section 91 of Uttarakhand GST Act 2017 : Liability of guardians, trustees etc.

By | March 21, 2018

Section 91 of Uttarakhand GST Act 2017 ( Section 91 of Uttarakhand GST Act 2017 explains Liability of guardians, trustees etc. and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability of guardians, trustees etc. 91. Where the business in respect of which any tax, interest or penalty is payable under this Act is carried… Read More »

Section 90 of Uttarakhand GST Act 2017 : Liability of partners of firm to pay tax

By | March 21, 2018

Section 90 of Uttarakhand GST Act 2017 ( Section 90 of Uttarakhand GST Act 2017 explains  Liability of partners of firm to pay tax and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability of partners of firm to pay tax 90. Notwithstanding any contract to the contrary and any other law for the time… Read More »

Section 89 of Uttarakhand GST Act 2017 : Liability of directors private company

By | March 21, 2018

Section 89 of Uttarakhand GST Act 2017 ( Section 89 of Uttarakhand GST Act 2017 explains Liability of directors private company and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability of directors private company 89.(1) Notwithstanding anything contained in the Companies Act, 2013 (18 of 2013), where any tax, interest or penalty due… Read More »

Section 88 of Uttarakhand GST Act 2017 : Liability in case of company in liquidation

By | March 21, 2018

Section 88 of Uttarakhand GST Act 2017 ( Section 88 of Uttarakhand GST Act 2017 explains Liability in case of company in liquidation and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability in case of company in liquidation 88. (1) When any company is being wound up whether under the orders of a court… Read More »

Section 87 of Uttarakhand GST Act 2017 : Liability in case of amalgamation or merger of companies

By | March 21, 2018

Section 87 of Uttarakhand GST Act 2017 ( Section 87 of Uttarakhand GST Act 2017 explains Liability in case of amalgamation or merger of companies and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability in case of amalgamation or merger of companies 87.(1) When two or more companies are amalgamated or merged in… Read More »

Section 86 of Uttarakhand GST Act 2017 : Liability of agent and principal

By | March 21, 2018

Section 86 of Uttarakhand GST Act 2017 ( Section 86 of Uttarakhand GST Act 2017 explains Liability of agent and principal and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)   Liability of agent and principal 86. Where an agent supplies or receives any taxable goods on behalf of his principal, such agent and his principal… Read More »

Section 85 of Uttarakhand GST Act 2017 : Liability in case of transfer of business

By | March 21, 2018

Section 85 of Uttarakhand GST Act 2017 ( Section 85 of Uttarakhand GST Act 2017 explains Liability in case of transfer of business and is covered in  CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES)  Liability in case of transfer of business 85. (1) Where a taxable person, liable to pay tax under this Act, transfers his business… Read More »

Section 84 of Uttarakhand GST Act 2017 : Continuation and validation of certain recovery proceedings

By | March 21, 2018

Section 84 of Uttarakhand GST Act 2017 ( Section 84 of Uttarakhand GST Act 2017 explains Continuation and validation of certain recovery proceedings and is covered in  CHAPTER XV DEMANDS AND RECOVERY)  Continuation and validation of certain recovery proceedings 84. Where any notice of demand in respect of any tax, penalty, interest or any other amount payable under… Read More »

Section 83 of Uttarakhand GST Act 2017 : Provisional attachment to protect revenue in certain cases

By | March 21, 2018

Section 83 of Uttarakhand GST Act 2017 ( Section 83 of Uttarakhand GST Act 2017 explains Provisional attachment to protect revenue in certain cases and is covered in  CHAPTER XV DEMANDS AND RECOVERY)   Provisional attachment to protect revenue in certain cases 83. (1) Where during the pendency of any proceedings under section 62 or section 63 or section… Read More »

Section 82 of Uttarakhand GST Act 2017 : Tax lo be first charge on property

By | March 21, 2018

Section 82 of Uttarakhand GST Act 2017 ( Section 82 of Uttarakhand GST Act 2017 explains Tax lo be first charge on property and is covered in  CHAPTER XV DEMANDS AND RECOVERY)   Tax lo be first charge on property 82. Notwithstanding anything to the contrary contained in any law for the time being in force, save as otherwise… Read More »

Section 81 of Uttarakhand GST Act 2017 : Transfer of property to be void in certain cases

By | March 21, 2018

Section 81 of Uttarakhand GST Act 2017 ( Section 81 of Uttarakhand GST Act 2017 explains  Transfer of property to be void in certain cases and is covered in  CHAPTER XV DEMANDS AND RECOVERY)   Transfer of property to be void in certain cases 81. Where a person, after any amount has become due from him, creates a charge… Read More »

Income Tax Notice u/s 142 in New Format

By | March 21, 2018

आयकर निदेशालय (पद्धनि) DIRECTORATE OF INCOME TAX (SYSTEM) ए आर ए सेंटर, भू-िल, ई-2 झंडेवालाि एक्स ARA Center, Ground Floor, E-2, Jhandewalan Extension, New Delhi – 110055 F.No. System/ITBA/Assessment/Notice 142(1)/2017-18 Dated: 19-03-2018 To, All Principal Chief Commissioners of Income-tax/ PrDGsIT/ CCsIT/ DGsIT , All Principal Commissioner of Income-tax/ PrDsIT/ DsIT/ CsIT/CsIT (Admin&TPS), All Assessing Officers… Read More »