CA Rachit Agarwal

CA Rachit Agarwal wrote a new post, Discount Received- Whether Liable to GST? 13 hours, 51 minutes ago

Discount Received Is A Supply?
It has been observed from time to time that Department took the view that the discounts received in various forms are to be treated as service being in the nature of commission and […]

CA Rachit Agarwal wrote a new post, Works Contract Services For Use Other Than Commerce 1 week, 3 days ago

Works Contract Services For Use Other Than Commerce
In an Application filed before AAR under GST, Rajasthan by M/S ARG Electricals Pvt. Ltd [2020 (6) TMI 489]
Facts:
The applicant received the work order from […]

CA Rachit Agarwal wrote a new post, Sale of Plot of Land With Basic Amenities 1 week, 5 days ago

Sale of Plot of Land With Basic Amenities
In an Application filed before AAR under GST, Gujarat by Shree Dipesh Anilkumar Naik [2020 (6) TMI 448]
The applicant is the owner of the land, who develops the land […]

CA Rachit Agarwal wrote a new post, Refund For Exports With Payment of IGST 2 weeks ago

Refund For Exports With Payment of IGST
Legal Provisions
Section 16.(1) “zero-rated supply” means any of the following supplies of goods or services or both, namely:––
(a) export of goods or services […]

CA Rachit Agarwal wrote a new post, Blocking of Electronic Credit Ledger 2 weeks, 6 days ago

Blocking of Electronic Credit Ledger
Blocking of the Credit Ledger as the term clarifies that the Credit Ledger has been Blocked. In other words, the assessee being refrain to make the payment of the output tax […]

CA Rachit Agarwal wrote a new post, Reversal of Input Tax related to Unsold Inventory on the Date of Completion Certificate or First Occupation 1 month, 1 week ago

Reversal of Input Tax related to Unsold Inventory on the Date of Completion Certificate or First Occupation
Article 366(26A). Meaning of Service
[(26A) “Services” means anything other than goods;
Inserted by […]

CA Rachit Agarwal wrote a new post, Legislative Competence of Rule 36(4) of CGST Rules 2017 1 month, 2 weeks ago

Legislative Competence of Rule 36(4) of CGST Rules 2017
1. Rule 36(4) was inserted vide Notification No- 49/2019- Central Tax dated 09.10.2019 subsequently amended vide Notification No- 30/2020 Central Tax dated […]

CA Rachit Agarwal wrote a new post, Provisional Attachment of Property including Bank Account 1 month, 2 weeks ago

Provisional Attachment of Property including Bank Account
Legal Provisions
SECTION 83.Provisional attachment to protect revenue in certain cases. – (1) Where during the pendency of any proceedings under section […]

CA Rachit Agarwal wrote a new post, SEARCH, SEIZURE AND RELEASE OF SEIZED GOODS 2 months ago

SEARCH, SEIZURE, AND RELEASE OF SEIZED GOODS
CONSTITUTIONAL VALIDITY OF SEARCH AND SEIZURE
A search by itself is not a restriction on the right to hold and enjoy the property. No doubt a seizure and carrying […]

CA Rachit Agarwal wrote a new post, Renting/ Leasing/ Licensing/ Transfer of Right to Use of Goods, Immovable Property and Intellectual Property Rights 2 months ago

Renting/ Leasing/ Licensing/ Transfer of Right to Use of Goods, Immovable Property and Intellectual Property Rights
Renting/ Licensing/ Transferring the Right to use can be classified under four categories
1. […]

CA Rachit Agarwal wrote a new post, Input Tax Credit Reversal on Discount Received 2 months ago

Input Tax Credit Reversal on Discount Received
DISCOUNT RECEIVED- ITC REVERSAL?
As a matter of Trade Policy, the suppliers allows the discounts on the goods supplied. Discounts may in nature of
1. Turnover […]

CA Rachit Agarwal wrote a new post, RESTAURANT AND OUTDOOR CATERING SERVICE 2 months, 1 week ago

RESTAURANT AND OUTDOOR CATERING SERVICE
RESTAURANT SERVICE
Restaurant Service as the term denotes is not limited to service from the restaurant but covers all the services supplied from the restaurant, eating […]

CA Rachit Agarwal wrote a new post, Arrest Under GST And Code Criminal Procedure, 1973 For Bail 2 months, 1 week ago

Arrest Under GST And Code Criminal Procedure, 1973 For Bail
Provisions relating to prosecution with respect of evasion of tax being imprisonment is contained in Section 132 of CGST Act, 2017 which is akin to […]

CA Rachit Agarwal wrote a new post, Analysis of Case-Commissioner of Sales Tax, U.P V/s Auriaya Chamber of Commerce [1986 (25) E.L.T. 867 (S.C.)] 2 months, 1 week ago

REFUND OF TAX PAID UNDER MISTAKE OF LAW
Commissioner of Sales Tax, U.P vs Auriaya Chamber of Commerce [1986 (25) E.L.T. 867 (S.C.)]
Factual Summary of the Case
1. Favorable Order was passed by this Court in […]

CA Rachit Agarwal wrote a new post, Refund under Mistake of Law which is Time Bared under the Provisions of the Act 2 months, 1 week ago

Refund under Mistake of Law which is Time Bared under the Provisions of the Act
1. The refund has to be claimed by filing suit u/s 72 of the Indian Contract Act, 1872 or by Writ Jurisdictions within the time […]

CA Rachit Agarwal wrote a new post, RECOVERY PROCEEDINGS, STAY AND PAYMENT OF TAX 2 months, 2 weeks ago

RECOVERY PROCEEDINGS, STAY AND PAYMENT OF TAX
Time Limit for Initiating Recovery Proceedings- Section 78
Legal Provision
A summary of the order issued under section 52 or section 62 or section 63 or section 64 […]

CA Rachit Agarwal wrote a new post, Brief Analysis of Notifications Issued on 3rd April 2020 2 months, 3 weeks ago

Brief Analysis of Notifications Issued on 3rd April 2020
INTEREST ON DELAY PAYMENT OF TAX PERIOD FOR FEBRUARY, MARCH, APRIL 2020
Notification No- 31/2020 dated 03.04.2020

Our Comments:
Turnover above Rs. 5 […]

CA Rachit Agarwal wrote a new post, No provision under the GST which mandates that the goods shall not be sold at prices below the MRP. 3 months ago

Introduction:
In a Writ Petition filed before the High Court of Kerala by Alfa Group [2020 (34) G.S.T.L 142]
During the course of the transportation of goods by the Petitioner, the vehicle was intercepted by the […]

CA Rachit Agarwal wrote a new post, BRIEF ANALYSIS OF AMENDMENTS NOTIFIED ON 23.03.2020 AND 21.3.2020 3 months, 1 week ago

AMENDMENTS NOTIFIED BY CENTRAL BOARD OF INDIRECT TAXES (CBIC) ON 23RD and 21ST DAY OF MARCH 2020
GSTR 3B- TIME LIMIT FOR PERIOD APRIL TO SEPTEMBER 2020
Vide Notification No- 29/2020- Central Tax dated […]

CA Rachit Agarwal wrote a new post, AMENDMENTS PROPOSED IN 39TH GST COUNCIL MEETING AS PER PRESS RELEASE 3 months, 2 weeks ago

AMENDMENTS PROPOSED IN 39TH GST COUNCIL MEETING AS PER PRESS RELEASE
GST MONTHLY RETURNS, ANNUAL RETURNS, RECONCILIATION STATEMENT, INFORMATION RETURN
1. New GST Returns- RET-1, Annex-1, Annex-2 has been […]

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CA Rachit Agarwal