Hi experts,

I am a restaurant owner. We work with zomato and swiggy.

As per the income tax rules, we pay tds for these companies for the commission that they charge at 5 percent.

This tds has to be claimed by us and they are supposed to pay us. Problem is I kept paying tds for zomato and swiggy and I forgot to get the reimbursement from them.

A week back, I sent them all the tds certificates for the year 2017-2018. However I got a mail from them saying that they can’t refund the amount since it is post the due date of oct 2018. They are telling me that the last day to claim my tds reimbursement was oct 2018.

My question is when they have already paid less income tax since I paid tds for them, and they can see my tds payments on their account, does such a deadline exist from the side of the govt. What is the legal opinion on this.

Pls help and let me know if such a rule exists from the govt or are these big companies just trying to fleece my money.

I have paid tds for them which has been used by them, I don’t understand why are they refusing to pay me my due credit.

Any help would be much appreciated.

Dear Experts,
We have to make payment to Linkedin, based in Singapore for job posting. They have no PE in india and have provided Form 10F, TRC and Pan No. What rate of TDS should be deducted.

Sir,
I have a Happy Family Floater Mediclaim policy of Oriental insurance Co. Proposer of the policy is my son. I would like to know whether I can claim Income tax rebate under 80C for the amount of premium paid.
With regard,
Sudhir Saha

Dear Sir,

If I Purchase Inputs after Paying GST & Use such Inputs"ONLY"(EXCLUSIVELY) for making Exempt Sales,Am I required to Show this GST Paid in GSTR-3B -"Eligiblity ITC" Tab?? If Yes , I should Show it where?? Also this will also involve reversal, so where should this reversal be shown ????

Please reply asap

Regards

Dear expert,

Urban development authority acquired agriculture land of my client and for this he gave plot in city. whether this transaction is taxable in capital gain. if yes what is sale consideration of this transaction.
later on my client sold this plot. what is the cost of acquisition of this plot.

I am working in private Limited Companies. Company wants to declare interim dividend of Rs. 4,00,000/-. Company have Reserve 4,00,000, Profit In 2018-19 is 7,00,000 still unaudited. Can we declared interim dividend of Rs. 4,00,000. Also please provide process of Declaring Interim Dividend

Thanks & Regards

In the GSTR 3B of January 2018 month, we claimed wrong ITC under the head CGST and SGST instead of IGST. This has not been rectified till now. We missed the last date of rectification of mistakes in FY 2017-18. So, now how do we rectify this?

in case i merge my existing firm say A & CO. with B & CO.; then a partnership needs to be mandatory made in addition to merger agreement?

in case partnership deed is to be made then what would be the date of commencement of business of partnership i.e. current date or the date of establishment of the oldest/older firm (because in merger agreement the merged firm's date of establishment shall be the date of older firm)?

whether merger agreement and partnership deed needs to be registered in Court?

Input Tax credit (GST) cannot be denied to recipient for default on part of the supplier- Delhi High Court issued notice to UNION OF INDIA


Delhi HC issues notice in writ petition challenging Section 16(2)(c), second proviso to Section 16(2)(d) and proviso to Section 16(4) of Central Goods and Service Tax Act, 2017 (CGST Act); Validity of Section 43A(6) of CGST Act, which hasn’t been notified yet, is also being challenged; Petitioner’s contention is that the Department has been vested with all the powers to recover any revenue lost owing to non-payment of taxes by erring suppliers and credit cannot be denied to recipient for default on part of the supplier; Lists the matter on September 18 : Delhi HC

The matter is being heard by Division Bench comprising of Justice Dr. S. Muralidhar and Justice Asha Menon.

The Petitioner i.e. Bharti Telemedia Ltd. is engaged in providing Direct-To-Home satellite television broadcast services. Writ Petition has been filed challenging the legality and validity of Section 16(2)(c), second proviso to Section 16(2)(d) and proviso to Section 16(4) of the Central Goods and Service Tax Act, 2017. The Writ Petition also challenged the validity of Section 43A(6) of the Central Goods and Service Tax Act, 2017, which has not been notified until.

Section 16(2)(c) of CGST Act, 2017 provides for a condition wherein the recipient would only be entitled to Input Tax Credit if the tax charged in respect of such supply has been actually paid by the Supplier. The second proviso to Section 16(2)(d) provides that the recipient shall add an amount of Input Tax Credit availed, along with interest to the output tax liability if the recipient fails to pay the invoice amount to the supplier within 180 days.

Proviso to Section 16(4) extends the benefit of availment of ITC till the due date of furnishing of return under Section 39 for the month of March, 2019 in respect of certain invoices, only if the supplier for such supplies has uploaded the details of such invoices in its return under Section 37(1) for the month of March, 2019. Section 43A(6) of the CGST Act provides that the supplier and recipient shall be jointly and severally liable to pay tax or pay ITC availed in relation to outwards supplies for which the details have been furnished under sub-section (3) and (4) but returns thereof has not been furnished.

The provisions have been challenged on the following grounds:

Section 16(2)(c), proviso to Section 16(4) is violative to Article 14 of the Constitution of India;
The Department has been vested with all the powers to recover any revenue lost owing to non-payment of taxes by erring suppliers;
The credit cannot be denied to the recipient for the default on the part of supplier.

Delhi HC has issued a notice to Union of India today and posted the matter on September 18, 2019.


May question is now can we take itc on the basis of purchase invoice even if supplier has not filed gstr return (i.e. credit is not showing in GSTR 2A).??

Dear All
We have submitted our GSTR 1 for the 4QE 2019 on 11.04.19. 2 Nos Invoices of 2 different customers are not entered in said GSTR 1the M/o Feb 2019. In the matter how we show the said invoices so the ITC can claims our 2 valued customers.

Please help us.

Thanks
Chandan Mukherjee