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CA. Tarun Agarwalla, FCA is practicing since one decade. He is a student of law and studying extensively on taxation; -Chairman of Indirect Tax Committee of Utkal Chamber of Commerce and Industry(UCCI), Orissa. He is a speaker at different forum.He is one of the members of the Regional Advisory Committee of Central Excise, custom and service tax, Bhubaneswar. His area of interest is legal interpretation, litigation, opinion making in the field of taxation. He can be reached at [email protected]

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32 Replies on 29 Issues
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Issue Id: 120461
Dear Sir, I have received a favorable order from the Commissioner of CGST & CX, Appeals-l,  Now I wish to claim a refund of the ... Read Full Issue
Date 16 Sep 2025
Replies 1 Reply
Views 1879 Views
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Issue Id: 119369
We are recipient of GTA service from a GST registered transporter who issues non tax invoice without mentioning our GST number. This Invoice does not ... Read Full Issue
Date 19 Oct 2024
Replies 1 Reply
Views 3852 Views
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Issue Id: 119368
My client have received notice for Discrepancy in ITC claimed through GSTR-3B and GSTR 2B for the period 2020-21. However ITC has been claimed as per ... Read Full Issue
Date 18 Oct 2024
Replies 1 Reply
Views 4668 Views
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Issue Id: 119363
Dear Experts, One of my client is a private limited company having registered office situated in the state of Uttar Pradesh. Client is not ... Read Full Issue
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Date 17 Oct 2024
Replies 1 Reply
Views 1019 Views
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Issue Id: 119361
A registered person is exempted from provision of Rule 86B if he has already paid more than Rs one lakh as income tax. This amount should have been ... Read Full Issue
Date 17 Oct 2024
Replies 1 Reply
Views 2137 Views
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Issue Id: 119360
We are a private university established through the State University Act by a sponsoring body. As per the Act, the university may be classified as a ... Read Full Issue
Date 17 Oct 2024
Replies 1 Reply
Views 2078 Views
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Issue Id: 119359
Hi If the Company A has recevied the actual consideration from related party (Let say 1000 Rs) for providing services. Related Party is eligible for ... Read Full Issue
Date 17 Oct 2024
Replies 1 Reply
Views 1227 Views
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Issue Id: 119353
Notification 6/2024 has made RCM applicable for Metal Scrap (Chapters 72 to 81). Chapters 72 to 81 talks about different metals like Iron and Steel, ... Read Full Issue
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Date 16 Oct 2024
Replies 1 Reply
Views 5045 Views
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Issue Id: 119350
Dear Experts Whether ITC from other business verticals under same GSTIN be used for offsetting output tax liability of restaurant where tax rate ... Read Full Issue
Date 14 Oct 2024
Replies 1 Reply
Views 5067 Views
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Issue Id: 119348
If we are giving stock counting service to a person who is registered under GST in West Bengal but has a godown where we are providing service is in ... Read Full Issue
Date 13 Oct 2024
Replies 1 Reply
Views 1555 Views
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Issue Id: 119347
respected sir, many notices under sec 73 are issued to taxable persons from 2017 and taxable persons have paid tax , interest and penalties also. ... Read Full Issue
Date 13 Oct 2024
Replies 1 Reply
Views 1126 Views
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Issue Id: 119346
Rule 88B was amended not no collect interest for delayed filing of GSTR-3B, if there is sufficient balance in the Electronic Cash Ledger with effect ... Read Full Issue
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Date 13 Oct 2024
Replies 1 Reply
Views 6004 Views
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Issue Id: 119345
Dear Sirs, Mr X, a registered person, used a commercial property for exempted supplies and paid rent to an unregistered person (Land Lord). ... Read Full Issue
Date 12 Oct 2024
Replies 1 Reply
Views 1922 Views
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Issue Id: 119344
  Dear Sirs, ABC LLP used security services from a registered person. The supplier collected tax under FCM. ABC LLP availed ITC on the ... Read Full Issue
Date 11 Oct 2024
Replies 1 Reply
Views 2022 Views
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Issue Id: 119324
Hi, Can we have clarification as to RCM paid at 5% on GTA is eligible ITC or ineligible ITC. on the other hand if GTA entity pays GST at 5% and ... Read Full Issue
Date 25 Sep 2024
Replies 1 Reply
Views 2313 Views
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Issue Id: 119323
Dear sir, BTC Ltd (Travel co.) purchase Hotel package service from TBO (Travel boutique online) and TBO provides Hotel booking service and charges ... Read Full Issue
Date 24 Sep 2024
Replies 1 Reply
Views 3809 Views
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Issue Id: 117668
Is section 16(2) of CGST act overriding section 16(4) of CGST act?
Date 30 Nov 2021
Replies 1 Reply
Views 11401 Views
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Issue Id: 116253
Dear Sir,Please clear what will be "Relevant Date" in case of Refund for tax paid in wrong head CGST/SGST instead of IGST & Vice-Versa? ... Read Full Issue
Date 01 May 2020
Replies 1 Reply
Views 8405 Views
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Issue Id: 113103
Sirwe want to sell the old car purchased before July 2107, registered in the name of Firm to another firm duly registered under GST.Please inform if ... Read Full Issue
Date 24 Nov 2017
Replies 1 Reply
Views 25165 Views
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Issue Id: 112491
Dear Experts,If we purchase from UNR person, received a bill for ₹ 4000, same day there was no others unregistered supplies made on that ... Read Full Issue
Date 01 Aug 2017
Replies 1 Reply
Views 2496 Views
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TDS under GST: designated government entities must withhold and deposit tax at source on taxable in state supplies exceeding the threshold.
Section 51 creates an obligation for specified government and government-controlled entities to deduct CGST and SGST at source on taxable supplies where a single contract exceeds the notified threshold, provided the supplier is registered and the place of supply is within the concerned State/UT. Deductors must register for TDS, deduct on the taxable value excluding GST, deposit amounts within ten days after month-end, file GSTR-7 before return submission is accepted, furnish an electronic certificate to the deductee within five days of deposit, and face interest and late fees for non compliance. (AI Summary)
Date 27 Sep 2018
Replies 2 Replies
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GST compliance framework ensures sequential assessment of supply, classification, place/time rules and input tax credit entitlement.
GST compliance is a sequential framework: first determine whether a transaction is a Supply under the statutory definition, then classify it as a Good or Service to apply HSN/SAC, rates, invoicing and composition or reverse charge rules. Next establish the Place of supply and Time of supply to allocate destination tax and fix tax liability; apply valuation rules and the correct rate. Compute output tax and deduct eligible Input Tax Credit, subject to documentary, receipt and blocked credit rules, to arrive at the payable tax per IGST/CGST/SGST heads. (AI Summary)
Date 19 Aug 2017
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Composition scheme limited to goods suppliers; smaller taxpayers face streamlined levy but lose input tax credit rights.
The Model GST Law offers a composition scheme for small taxpayers based on aggregate turnover computed on an all India PAN basis; registration is required, the scheme is unavailable for suppliers of services, inter state suppliers, supplies via certain e commerce operators, and notified manufacturers, and persons under the scheme cannot collect tax or claim input tax credit, with withdrawal and transitional adjustments to credit on specified stock and capital goods where eligibility ceases. (AI Summary)
Date 25 Jan 2017
Replies 1 Reply
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Composition scheme: simplified tax option for small taxpayers with restricted eligibility and no entitlement to input tax credit.
The Model GST Law's composition scheme provides an alternate simplified levy for small taxpayers subject to aggregate turnover limits, mandatory registration and all India PAN application; excluded are suppliers of services, inter state outward supplies, supplies via specified e commerce operators and notified manufacturers. Opting persons cannot collect tax from recipients or claim input tax credit. On becoming ineligible, a taxable person may claim credit for inputs, inputs in semi finished and finished goods and capital goods held immediately before ineligibility, subject to prescribed adjustments. (AI Summary)
Date 23 Dec 2016
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VAT on works contracts: tax applies to goods incorporated with valuation, composition option, and TDS obligations following incorporation.
The Odisha VAT Act treats a works contract as a deemed sale of goods incorporated during execution; VAT applies to the value attributable to transfer of goods when incorporated, with statutory deductions for identifiable labour and service components and prescribed presumptive percentage slabs where such components are not verifiable. An optional composition scheme is available to works contractors and developers, subject to forfeiture of input credit, specified compliance, and conditions governing interstate procurement and TDS interactions. (AI Summary)
Date 08 Jul 2016
Replies 2 Replies
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Input tax credit safeguards require purchasers to verify seller tax payment to retain credit, shifting compliance burden to buyers.
The Odisha VAT Amendment 2015 raises turnover thresholds and expands composition eligibility, establishes joint and several VAT liability between contractors and subcontractors with proportionate payment rules and rebuttable proof of tax payment, caps input tax credit to tax actually paid requiring buyer verification, abolishes pre-issuance registration inquiry in favour of electronic registration, empowers authorities to demand security and cancel registration after hearing, reforms audit and assessment procedures including an assessment-in-lieu regime with fixed penalties and extended time limits, and revises refund and appellate timeframes. (AI Summary)
Date 11 Dec 2015
Replies 3 Replies
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Service tax versus VAT on supply of food: courts urge bifurcation to prevent overlapping taxation on the same bill.
The core issue is whether the price charged for supplied cooked food is taxable both as a deemed sale under Article 366(29A)(f) and state VAT, and as a declared service under central service tax law (section 66E). Case law is divided: some authorities treat the bill as a non divisible sale taxable by the State, while others uphold service tax on the service portion and recommend that VAT not be imposed on that portion. Courts have urged formulation of bifurcation/valuation rules to prevent overlapping taxation. (AI Summary)
Date 21 Jun 2014
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Stamp duty value substitution may be deemed full consideration for transfers of immovable property held as stock-in-trade.
Transfers of immovable property held as stock-in-trade must for tax purposes be measured by the value adopted by stamp valuation authorities when that value exceeds the reported sale consideration, with procedural safeguards allowing reference to an approved valuer and application of valuation officer findings. The stamp duty value can be taken as of the agreement date rather than registration where any part of consideration was received non-cash on or before the agreement, and a token non-cash receipt may invoke that dating exception. (AI Summary)
Date 14 May 2014
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Supply of food as sale or service: overlap between VAT and service tax raises double taxation concerns despite deeming provisions
Constitutional and statutory deeming provisions treat supplies of food and drink for consideration as sales, allowing State VAT laws to tax restaurant and hotel supplies as sales of goods, while Central declared service provisions and notifications capture a service element in the same transactions, producing overlapping tax bases and litigation about incidence, valuation and jurisdiction. (AI Summary)
Date 13 May 2014
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TDS on director remuneration: expanded to require deduction on non-salary payments to directors, aligning with service tax reverse-charge tracking.
The amendment inserts a new clause in Section 194J so that persons (other than individuals or Hindu undivided families) paying any remuneration, fees or commission to a director of a company, where such sums are not subject to salary withholding, must deduct tax at source at the prescribed rate; this applies only where no employer employee relationship exists and aligns withholding with service tax reverse charge tracking. (AI Summary)
Date 05 Feb 2014
Tarun Agarwalla
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T K Agarwalla & co

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June 2013