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B.Com(Hons), CS, FCA, DISA .Practicing Chartered Accountant since 1983.Presently engaged in Research activities in the field of GST in the Cross Border Trade.

Showing 1 to 11 of 11 Results
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Issue Id: 118317
09-01-2022 An AOP assessable at Maximum Marginal Rate (MMR)was processed u/s 143(1) for Total Income of Rs. 94 Lakhs and tax was accordingly ... Read Full Issue
Date 09 Jan 2023
Replies 1 Reply
Views 5766 Views
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Issue Id: 118302
The AO had passed the adjudication order determining a sum of Rs. 5 lakhs as service tax payable in the year 2012. The assessee being a small ... Read Full Issue
Date 27 Dec 2022
Replies 7 Replies
Views 11408 Views
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Issue Id: 115824
An assessee was subjected to investigation for evasion of service tax payable for the period 2012-13 and 2013-14. It was adjudicated on 14th June ... Read Full Issue
Date 30 Dec 2019
Replies 2 Replies
Views 2107 Views
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Issue Id: 115748
05-12-19If a main noticee has dues of excise duty, penalty, interest etc. There are 5 Co-Noticees on each of whom personal penalty of ₹ 5 ... Read Full Issue
Date 05 Dec 2019
Replies 3 Replies
Views 3143 Views
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Issue Id: 115696
F.No. 390/Misc/116/2017-JC On this website (TMI) I am not able to find the instructions of CBIC dated 22-08-2019 regarding raising of monetary ... Read Full Issue
Date 21 Nov 2019
Replies 2 Replies
Views 3865 Views
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Issue Id: 115618
An assessee got the Adjudication Order by the Principal Commissioner under service tax on June 15, 2019 and he filed an appeal before the CESTAT on ... Read Full Issue
Date 31 Oct 2019
Replies 13 Replies
Views 2300 Views
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Issue Id: 114333
Sec 92 92A 92F etc. An Individual holds 95% of the share capital of a company in the UK. He has given an interest free loan to it without ... Read Full Issue
Date 21 Nov 2018
Replies 2 Replies
Views 1367 Views
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Issue Id: 113792
Can a supplier issue a Credit Not to its recipient for GST collected in excess, on downward revision of the price after the supply was made. The ... Read Full Issue
Date 28 May 2018
Replies 6 Replies
Views 3680 Views
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Issue Id: 113435
An Indian citizen is retained by a company in Italy to explore market potential in India and abroad also. He is paid euro 5000/- per month in ... Read Full Issue
Date 26 Feb 2018
Replies 4 Replies
Views 1623 Views
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Issue Id: 111124
An open query for answer by the experts: CA Lalit MunoyatAfter withdrawal of currency of ₹ 500/- and ₹ 1000/-notes w.e.f. 00:00 8th Nov. ... Read Full Issue
Date 14 Nov 2016
Replies 2 Replies
Views 1158 Views
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Issue Id: 108361
1) The Trust was created on 26-12-2013 as per PAN.2) Application for its registration with Office of the Charity Commissioner Mumbai was made in Jan ... Read Full Issue
Date 03 Apr 2015
Replies 0 Replies
Views 6429 Views
20 Replies on 12 Issues
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Issue Id: 118302
The AO had passed the adjudication order determining a sum of Rs. 5 lakhs as service tax payable in the year 2012. The assessee being a small ... Read Full Issue
Date 27 Dec 2022
Replies 1 Reply
Views 11408 Views
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Issue Id: 115824
An assessee was subjected to investigation for evasion of service tax payable for the period 2012-13 and 2013-14. It was adjudicated on 14th June ... Read Full Issue
Date 30 Dec 2019
Replies 1 Reply
Views 2107 Views
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Issue Id: 115618
An assessee got the Adjudication Order by the Principal Commissioner under service tax on June 15, 2019 and he filed an appeal before the CESTAT on ... Read Full Issue
Date 31 Oct 2019
Replies 4 Replies
Views 2300 Views
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Issue Id: 114154
Dear Sir/ Madam Please refer section 16(2) proviso 2. My query is as below: Last date of availing credit against an invoice raised in ... Read Full Issue
Date 19 Sep 2018
Replies 1 Reply
Views 4191 Views
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Issue Id: 113792
Can a supplier issue a Credit Not to its recipient for GST collected in excess, on downward revision of the price after the supply was made. The ... Read Full Issue
Date 28 May 2018
Replies 2 Replies
Views 3680 Views
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Issue Id: 113435
An Indian citizen is retained by a company in Italy to explore market potential in India and abroad also. He is paid euro 5000/- per month in ... Read Full Issue
Date 26 Feb 2018
Replies 1 Reply
Views 1623 Views
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Issue Id: 108341
Respected Sir, As regarding above subject, is there any change made in the exemption limit of 1.5 crore for ssi units in the ... Read Full Issue
Date 31 Mar 2015
Replies 1 Reply
Views 8753 Views
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Issue Id: 5421
WE HAVE RECEIVED BILL FROM SENIOR ADVOCATE TOWARDS FEES FOR PROFESSIONAL SERVICES RENDERED. DETAILS : APPEARANCE BEFORE HON'BLE HIGH COURT IN ... Read Full Issue
Date 15 Mar 2013
Replies 1 Reply
Views 1424 Views
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Issue Id: 5320
Respected Forum, I am excisable unit registered as a Medium Scale Unit paying excise duty on my product. I have set up New Unit at different ... Read Full Issue
Date 16 Feb 2013
Replies 1 Reply
Views 1751 Views
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Issue Id: 4406
Legal services rendered by an individual to an business entity was non-taxable till the year 2011-12 and  even prior to 1st July, 2012. The ... Read Full Issue
Date 22 Jul 2012
Replies 1 Reply
Views 1833 Views
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Issue Id: 4379
A private limited Company has received a contract from MCD for collection and deposition of municipal solid waste which is exempted under service ... Read Full Issue
Date 16 Jul 2012
Replies 5 Replies
Views 23205 Views
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Issue Id: 4372
The services performed by a director (other than Managing Director/Executive Director/Whole time Director who are employees of the Company) fall ... Read Full Issue
Date 14 Jul 2012
Replies 1 Reply
Views 5847 Views
Showing 1 to 5 of 5 Results
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Additional depreciation and appellate claims may be admitted despite no revised return where procedural limits cannot defeat substantive tax entitlement.
Maintainability of a revenue appeal depends on the correct tax effect arising from the actual dispute, and not on erroneous or inflated figures in the appeal papers; if the properly computed tax effect is below the CBDT monetary limit, the appeal is liable to be dismissed in limine. Although the Assessing Officer cannot entertain a fresh claim except through a revised return, appellate authorities may admit and decide such claims to determine the correct taxable income, including correction of depreciation due to an opening written down value error and supported additional depreciation. (AI Summary)
Author
Date 26 Mar 2026
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Opting for DTVSV scheme requires withdrawal of appeals; appeal may be reinstated if settlement is not accepted.
Opting into the DTVSV scheme requires withdrawal of all pending appeals, leading appellate forums to dismiss such appeals as withdrawn; however, the appellate forum may allow reinstatement if the DTVSV application is not accepted due to non-fulfilment of its terms or is rejected, permitting the assessee to revive the appeal and continue regular litigation. (AI Summary)
Author
Date 11 Dec 2024
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Trade creditor liabilities not treated as cash credits when purchases accepted; addition must follow cessation of liability rules.
Sundry trade creditors arising from purchases accepted as genuine cannot be added as cash credits where purchases and payments are admitted by the assessing officer; the correct tax treatment for any subsequent write off or remission of such liabilities is recognition as income under the principle of cessation or remission of liability rather than recharacterisation as unexplained cash credits, reflecting the accounting distinction between a payable liability and monies received. (AI Summary)
Author
Date 06 Feb 2024
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Post-sales discount GST treatment: supplier must ensure recipient reverses input tax credit before reducing output tax.
When a supplier issues a credit note for a post-sales discount, reduction in output tax is permissible only where the discount is agreed at or before supply and linked to invoices, and where the input tax credit attributable to that discount has been reversed by the recipient on the basis of documents issued by the supplier. A supplier faces evidentiary difficulty proving reversal by the recipient, and must consider measures-such as limiting the credit note to the discount amount, adding recipient disclaimers, and reconciling monthly returns-to address the requirement that the incidence of tax has not been passed to another person. (AI Summary)
Author
Date 19 May 2018
Replies 1 Reply
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Excise on jewellery now applies to branded and unbranded items (except silver), charged on tariff value.
A 1% ad valorem excise duty applies to jewellery (branded and unbranded) excluding silver, levied on tariff value fixed at 30% of the transaction (invoice) value with an education cess additionally charged; Cenvat credit is inapplicable when this concessional scheme is used. Definitions cover gold, specified platinum group metals, alloys and base metal clad items, and minor fittings are excluded. SSI eligibility and exemption computations are to be made on tariff value with illustrative examples; job work and manufacturing liabilities are specified and trading without manufacture remains subject only to VAT. (AI Summary)
Author
Date 24 Mar 2012
Replies 2 Replies
LALIT MUNOYAT
Organization
Organization

GULAB & CO

Connected
Connected

June 2009