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Search results for: GST liability

Madras HC's Order In Case of Sri Rajaa Store Vs Tax Officer

Madras HC Rules Against GST Liability Order in Dispute Over INR 5 Lakh Tax Payment

The matter of Sri Rajaa Store vs State Tax Officer came before the Madras High Court regarding an assessment order on 29th December 2023. The order was contested by the petitioner stating a violation of natural justice principles. The applicant is a business functioning on slim margins and argued that their whole tax liability was […]

Madras High Court's Order for Smt.K.Malathi

Madras HC: No GST Liability on Director If it is Not Provable That the Company is Unable to Pay During Liquidation Proceedings

The recent ruling by the Madras High Court states that the director isn’t responsible for paying GST if it’s unclear whether the company can settle the dues during liquidation proceedings. During an inspection at SKMPL’s factory, State GST Officers seized documents leading to a show cause notice issued under Section 74 of the CGST & […]

GST Section 85 Related to Business Transfer

An Overview of GST Liability U/S 85 for Business Transfer

GST Liability for Transfer of Business U/S 85 According to Section 85 of the tax law, if a person who is liable to pay tax under this Act transfers their business, either wholly or partly, through sale, gift, lease, hire, or any other means, both the person transferring the business and the recipient of the […]

GST Liability of Directors Under Section 89

Directors’ GST Liability of Bankrupt Company U/S 89 (Guide)

Historically, tax authorities have faced challenges in recovering overdue taxes from defaulters. These difficulties are exacerbated when a company declares bankruptcy, becomes financially insolvent or becomes untraceable. It’s essential to consider that in the context of GST, the funds owed to the government by a company may have already been collected from the end consumer. […]

Brief Summary of GST DRC-01B Form

All About DRC-01B Form for GST Liability Mismatch B/W Forms

The Goods and Services Tax Network (GSTN) recently released an upgrade that allows taxpayers to explain the difference in GST liability between their GSTR-1 and GSTR-3B returns online via the DRC-01B form. The GST Council directed this change, which intends to simplify compliance procedures for taxpayers. This article gives an overview of the functionality and […]

Bombay HC's Order for Dharmendra M. Jani and A.T.E. Enterprises

HC Supports GST Liability on Intermediary Services, Didn’t Confirm SGST, CGST or IGST

The Bombay High Court has recently decided on the constitutionality of provisions within the Goods and Services Tax (GST) laws that pertain to the taxation of intermediary services provided to clients outside India. However, the court did not give any specific insights regarding the type of tax—whether it would be the central goods and services […]

GST Liability on Director’s Remuneration Under RCM

Simplify GST Liability on Director’s Remuneration Under RCM

In accordance with Notification No. 13/2017, Central Tax (Rate), dated June 28, 2017, which provides details on the services liable for tax under the Reverse Charge Mechanism of the CGST Act, services rendered by directors of a company or a body corporate situated in a taxable area to the said company or body corporate will […]

GST on Service Charges by Restaurant U/S 15 of CGST Act, 2017

FM: Section 15 Allows Restaurants for GST Liability on Service Charges

On the service charges, the provision in the law allows the restaurants to impose the GST, as stated by the Finance Ministry. The same indication would arrive as a legality dispute of the services of the service charges would be litigated in Delhi High court. If the restaurants would be qualified for the GST charge […]

Karnataka GST AAR's Order for Rabia Khanum

KA AAR: No GST Liability On Sale of Plots with Essential Infra

The Karnataka Authority for Advance Rulings (AAR) held that the heads could not impose the GST on the assessee to sell the land plots securing the basic infrastructure. The same comprises levelling the land and installation of sewage lines which are essentials. The GST law has held land out of its reach with a mention […]

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