IntaxIndia

IntaxIndia Tax Specialists in indirect Litigation and Advisory including GST & other Account Services

Rammo Vigrahavaan Dharmah; The Eternal Truth…..!రామో విగ్రహవాన్ ధర్మః సాధుః సత్యపరాక్రమః । రాజా సర్వస్యలోకస్య దేవానాం మఘ...
06/04/2025

Rammo Vigrahavaan Dharmah; The Eternal Truth…..!

రామో విగ్రహవాన్ ధర్మః సాధుః సత్యపరాక్రమః । రాజా సర్వస్యలోకస్య దేవానాం మఘవానివ....!

ధైర్యం, పరాక్రమం, క్షమాగుణం, కరుణ, విజయం, స్వీయ క్రమశిక్షణ, నీతి మరియు దృఢమైన నైతికత వంటి అసాధారణ సద్గుణాల వలన శత్రువులచే కూడా గౌరవింప బడే శ్రీరాముడు స్మరణం సదా స్మరణం.

Jai Sri Ram, Happy Rama Navami .....! inTaxIndia

"Concept of Submisisons" - Embrace the facts with its Submisisons, Accept the Change with Truth.Happy Yug-Adi..! inTaxIn...
30/03/2025

"Concept of Submisisons" - Embrace the facts with its Submisisons, Accept the Change with Truth.

Happy Yug-Adi..! inTaxIndia

04/03/2025

inTaxIndia – GST Kt’Qs – Tax on Un-registered Branded Name (Enforceable Rights…!): Whether the demand of Tax on Un-registered Band Name i.e.; “No Brand Name with a Caption as “No enforceable Rights is exits” is taxable Under Notification No 28/2017 – CT (R), dated 22.09.2017 is the query hereunder…!*

Query: A Person wanted to sell an Un-Registered Branded Rice bearing a Brand as “No Brand Name” with a Caption as “No enforceable Rights is exits”. Now the query is whether the above said un-registered brand name its excisable under CGST/TSGST Act 2017 Under Notification No 28/2017 – CT (R), dated 22.09.2017 is hereunder…?.

Answer: The answer of the above question is highly datable and exists with a legal wrangle. Further considering the factum of submissions read with inaccuracies of the Notification No 28/2017 – CT (R), dated 22.09.2017; or its timing or its publication or its procedure, the demand of tax can’t be saddled under Section 74 of the CGST/TSGST Act 2017 on the Un-registered Brand Name, especially on mere procedural lapse on filing of an affidavit when the taxpayer doesn’t have enforceable rights and wave such rights perpetually.

With reference usage of tag line on sale of Rice with an Unregistered Brand Name “No Brand Name with a Caption “No enforceable Rights is exits” if the taxpayer couldn’t find any prospective buyer to buy the above said tag/brand name; and unable to sale such brand in market then the demand of tax on such un-registered brand is not tenable.

Despite of the facts, its highly advisable the Taxpayer to file an affidavit with jurisdiction officer for the usage of Brand Name as “No Brand Name” with a Caption as “No enforceable Rights is exits”; and advised to proceed accordingly with the given facts.

Note:The Autor of the Kt’Qs got puzzled with said Notification 28/2017 – CT (R), dated 22.09.2017 and vetted his submissions with its filings (including Higher Forum but not with Courts) and challenged the said Notification in his proceedings as per the instructions of his client. However as above, the user of this Kt’Qs advised to proceed with a detailed analysis and requested to consider this information only for the educational purposes.

Best Regards,
InTaxIndia

Bum Bum Bhole …..!The phrase One in All encapsulates the presence of Lord Siva and his divine unity…!With heartfelt surr...
26/02/2025

Bum Bum Bhole …..!

The phrase One in All encapsulates the presence of Lord Siva and his divine unity…!

With heartfelt surrender and with a Prayer.... Har Har Mahadev

inTax Chambers, Hyderabad.

Lit the Light 🔥, Fire the Crackers 💥 & Celebrate Diwali 🪔 🍃స్వాభిమాన్‌ భారత్.....!నిజాయితి, నిబధ్ధత, నైతికత, సఛ్చీలత, శీ...
31/10/2024

Lit the Light 🔥, Fire the Crackers 💥 & Celebrate Diwali 🪔 🍃

స్వాభిమాన్‌ భారత్.....!

నిజాయితి, నిబధ్ధత, నైతికత, సఛ్చీలత, శీల నిర్మాణ ప్రగతి/ సంపద అనే "భారతీయత సిద్ధాంతం"ను;
ప్రశ్న మరియు పరిప్రశ్న అనే ఆత్మ విచారణ కర్తవ్య ప్రజ్వలన జ్యోతితో, విజయ పథాన్ని నిర్దేశించండి.

Find " i " in U. Happy & Safe Diwali ... Team inTaxIndia

Aum signifies Ganesh -the Truth.Happy Ganesh Chaturthi Bolo Ganapathi Maharaj Ki Ji.Team .... inTaxIndia
07/09/2024

Aum signifies Ganesh -the Truth.

Happy Ganesh Chaturthi Bolo Ganapathi Maharaj Ki Ji.

Team .... inTaxIndia

Happy Independence Day....!Independence is not an option in changing times and scenarios; but it's a "Rule of Law" and ...
15/08/2024

Happy Independence Day....!

Independence is not an option in changing times and scenarios; but it's a "Rule of Law" and cherished by an adoption with "Compliance with its Duties" by uplifting Rights of Fellow Citizens.

Mera Bharat Mahan ....

Proud Citizen of India... IntaxIndia

22/06/2024

inTaxIndia- Kt'Qs: Recommendations of 53rd GST Council Meeting - Relaxation in condition of section 16(4) of the CGST Act 2017 - A Welcome move though the Form GSTR-3B is enabled contrary to Section 164 of the CGST Act 2017 read with Availability of the Provisions in relation to Form GSTR-2 & GSTR-3 - Revised time limits for the financial years 2017- 18, 2018-19, 2019-20 and 2020-21, may be deemed to be 30.11.2021 - But the Goods and Service Tax Compliance Rating is still due, but highly warranted.

A Welcome move; Highly Appreciated the decision of the GST Council Recommendations in their 53rd Council Meeting specially read with Section 16(4) of the CGST Act 2017 as now the limitations stands as 30.11.2021 for the Financial Year 2017- 18, 2018-19, 2019-20 and 2020-21, though the fact that the Form GSTR-3B is enabled Contrary to Section 164 of the CGST Act 2017* read with Section 16, 18, 38, 39, 42, 47, 49(2), 50, 59, 62, 75(12) and 164 of the Act, Rule 36, 38, 56, 60, 61, 61A, 69, 70, 71, 72, 73,74, 75 and 77 of the GST Rules 2017; and submits that the most of its Provisions are exists *till 30.09.2022 but omitted with effect from 01.10.2022 onwards.

Considering the facts read with availability of provisions in relation to Return with Form GSTR-2 & Form GSTR-3 is exists till 30.09.2022, hence the author of the Kt'Qs firmly formed an Opinion that as per Section 164 of the CGST Act 2017 is re-produced with relevant potion of the act as below:

"The Government, may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act",

and submits that No Rules can be made contrary to Section 164 of the CGST Act 2017.

Hence the Author of the Kt'Qs formed an Opinion further reforms with GST Act is highly warranted in relation to Returns with Form GSTR-3B; and its a great to move if Goods and Services Tax Compliance Rating implemented with GST Common Portal.

Best Regards... Team inTaxIndia

22/06/2024

inTaxIndia - Kt'Qs - GST Appeal Errors - Error Code "GSTN-EXEC2003" - Seems Error got Fixed - Advisory Note with Appeal Filings - Necessary Cognizance is Highly Warranted.

Its observed that many taxpayers while filing an Appeal with GST Common Portal got an error with error code as "GSTN-EXEC2003"; and observed that the taxpayer genuinely precluded to file such appeal within 3 months/4 months as the case may be in the "nish time:, though the Taxpayer

A - Paid 10% Disputed Tax
B - That the amount as cited, got admitted and appeared as "Stayed" with electronic liability Register (i.e.; Part II: Other than return related liabilities)

and such error seems associated with GST Common Portal across PAN India basis +/- 10 Days.

Contrary to the follow-ups/Grievances of the Taxpayers, the GST Help Desk without intimation (i.e. e-Mail communications) closed such grievances with note as "Ticket - Resolved"; and observed such instances when checked the status of such grievance's with GST Common Portal.

Hence, its advised the taxpayers to take necessary cognizance while filing an appeal.

Team... inTaxIndia

19/06/2024

nTaxIndia - Kt'Qs - COVID-19 Limitations - GST Filings with Form GSTR-3B & its Due Dates? Is Form GSTR-3B ( Optional Forms) is extended for the Period Feb 2020 to April 2020 is the Query? The Vested Living Rights Vs The Vested Money on Inputs - Section 16(4) of the CGST/SGST Act 2017.

Recite:

“The Wealth of the Taxpayer is the Wealth of Nation,
The Wealth of the Nation is the Wealth of the Taxpayer”

May be Right or May be Wrong, but its yet to be tested.

For details, Please visit the blow Link.

https://www.linkedin.com/posts/ca-narendra-kumar-thotamsetty_covid-19-vested-input-vs-vested-living-activity-7209200191566999555-cic4?utm_source=share&utm_medium=member_desktop

Team .... inTaxIndia

Jai Sri Ram…! The Wisdom, The Righteousness Approach…! “Rammo Vigrahavaan Dharmah”; The “Eternal Truth".Happy Happy Rama...
17/04/2024

Jai Sri Ram…!

The Wisdom, The Righteousness Approach…! “Rammo Vigrahavaan Dharmah”; The “Eternal Truth".

Happy Happy Rama Navami….! inTaxIndia.

Happy Ramadan...!The "Divine" is everywhere, glorify the trusted path towards him with Kind and humanity.Ramadan Mubarak...
11/04/2024

Happy Ramadan...!

The "Divine" is everywhere, glorify the trusted path towards him with Kind and humanity.

Ramadan Mubarak... inTaxIndia.

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