Master Guide to GST Act (Set of 2 Vols)

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Contents At A Glance

VOL-1

Central Goods and Services Tax Act, 2017

Chapter 1 Preliminary CGST-1
Chapter 2 Administration CGST-30
Chapter 3 Levy And Collection of Tax CGST-70
Chapter 4 Time and Value of Supply CGST-234
Chapter 5 Input Tax Credit CGST-277
Chapter 6 Registration CGST-379
Chapter 7 Tax Invoice, Credit and Debit Notes CGST-614
Chapter 8 Accounts and Records CGST-654
Chapter 9 Returns CGST-668
Chapter 10 Payment of Tax CGST-822
Chapter 11 Refunds CGST-930
Chapter 12 Assessment CGST-1074
Chapter 13 Audit CGST-1136
Chapter 14 Inspection Search Seizure and Arrest CGST-1155

VOL-2

Chapter 15 Demands And Recovery CGST-1365
Chapter 16 Liability to Pay in Certain Cases CGST-1604
Chapter 17 Advance Ruling CGST-1641
Chapter 18 Appeals and Revision CGST-1703
Chapter 19 Offences and Penalties CGST-1832
Chapter 20 Transitional Provisions CGST-2090
Chapter 21 Miscellaneous CGST-2225

Integrated Goods and Services Tax Act, 2017

Chapter 1 Introduction, Applicability and Definitions IGST-3
Chapter 2 Administration IGST-17
Chapter 3 Levy and Collection under IGST Act IGST-22
Chapter 4 Determination of Nature of Supply IGST-39
Chapter 5 Place of Supply of goods or Services or Both IGST-52
Chapter 6 Refund of Integrated Tax to International Tourist IGST-86
Chapter 7 Zero Rated Supply IGST-92
Chapter 8 Apportionment of Tax and Settlement of Funds IGST-102
Chapter 9 Chapter IX Miscellaneous IGST-117

Union Territory Goods and Services Tax Act, 2017

Chapter 1 Preliminary UTGST-3
Chapter 2 Administration UTGST-10
Chapter 3 Levy and Collection of Tax UTGST-18
Chapter 4 Payment of Tax UTGST-29
Chapter 5 Inspection, Search, Seizure and Arrest UTGST-39
Chapter 6 Demands and Recovery UTGST-42
Chapter 7 Advance Ruling UTGST-48
Chapter 9 Miscellaneous. UTGST-83

Goods and Services Tax (Compensation To States) Act, 2017

Goods and Services Tax (Compensation to States) Act, 2017 UTGST-3

Detailed Contents

Central Goods and Services Tax Act, 2017

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Chapter 1 Preliminary CGST-1
Section 1 Short title, extent and commencement (Section made effective from 22.06.2017) CGST-2
Section 2 (Definitions) – Brought into force w.e.f. 22nd June, 2017 CGST-7
Chapter 2 Administration CGST-30
Section 3 Officers under this Act (Section made effective from 22.06.2017) CGST-32
Section 4 Appointment of officers (Section made effective from 22.06.2017) CGST-42
Section 5 Power of officers (Section made effective from 22.06.2017) CGST-45
Section 6 Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances CGST-52
Chapter 3 Levy And Collection of Tax CGST-70
Section 7 Scope of Supply CGST-75
Section 8 Tax Liability on Composite and Mixed Supplies CGST-112
Section 9 Levy and Collection CGST-118
Section 10 Composition Levy CGST-178
Section 11 Power to Grant exemption from tax CGST-206
Chapter 4 Time and Value of Supply CGST-234
Section 12 Time of Supply of Goods (Section made effective from 01.07.2017) CGST-241
Section 13 Time of Supply of Services–(Section made effective from 01.07.2017) CGST-246
Section 14 Time of Supply - Change in rate of tax in respect of supply of goods or services (Section made effective from 01.07.2017) CGST-251
Section 15 Value of taxable Supply (Section made effective from 01.07.2017 CGST-255
Chapter 5 Input Tax Credit CGST-277
Section -16 (1) Manner of availing ITC (Section made effective from 01.07.2017) CGST-288
Section 17 (1) ITC in case goods/services partly used for business and partly for other purposes (Section made effective from 01.07.2017) CGST-318
Section -18 ITC on Input, Input in semi-finished or finished goods in case of person registered u/s. 25(1) and 25(3) (Section made effective from 01.07.2017) CGST-345
Section 19 Taking ITC in respect of inputs and capital goods sent for job-work (Section made effective from 01.07.2017) CGST-357
Section 20 Manner of distribution of credit by ISD(Section made effective from 01.07.2017 CGST-368
Section 21 Manner of recovery of credit distributed in excess (Section made effective from 01.07.2017) CGST-374
Chapter 6 Registration CGST-379
Section 22 Persons liable for Registration(Section made effective from 22.06.2017) CGST-391
Section 23 Persons not liable for Registration-(Section made effective from 22.06.2017) CGST-403
Section 24 Compulsory Registration in certain cases (Section made effective from 22.06.2017) CGST-410
Section 25 Procedure for registration(Section made effective from 22.06.2017)CGST-423
Section 26 Deemed Registration(Section made effective from 22.06.2017) CGST-450
Section 27 Casual Taxable Person and Non-resident Taxable Person (Section made effective from 22.06.2017) CGST-454
Section 28 Amendment of Registration(Section made effective from 22.06.2017) CGST-458
Section 29 Cancellation or Suspension of registration (Section made effective from 22.06.2017) CGST-462
Section 30 Revocation of Cancellation of Registration(Section made effective from 22.06.2017) CGST-580
Chapter 7 Tax Invoice, Credit and Debit Notes CGST-614
Section 31(1) Tax Invoice in case of supply of goods(Section made effective from 01.07.2017) CGST-620
Section 31A Facility of digital payment to recipient (Section made effective from 01.01.2020) CGST-638
Section 32 Prohibition on Unauthorized Collection of Tax CGST-640
Section 33 Amount of tax to be indicated in tax invoice and other documents (Section made effective from 01.07.2017) CGST-645
Section 34 Credit and Debit Notes(Section made effective from 01.07.2017) CGST-648
Chapter 8 Accounts and Records CGST-654
Section 35 Accounts and Other Records (Section made effective from 01.07.2017) CGST-657
Section 36 Period of retention of accounts(Section made effective from 01.07.2017) CGST-665
Chapter 9 Returns CGST-668
Section 37 Furnishing details of outward supplies CGST-681
Section 38 Furnishing details of inward supplies (Section made effective from 012.07.2017) CGST-708
Section 39 Furnishing of returns (Section made effective from 01.07.2017) CGST-718
Section 40 First Return(Section made effective from 01.07.2017) CGST-764
Section 41 Claim of ITC and provisional acceptance thereof (Section made effective from 01.07.2017) CGST-766
Section 42 Matching, reversal and reclaim of reduction in ITC (Section made effective from 01.07.2017, except the proviso to sub-section (9)) CGST-769
Section 43 Matching, reversal and reclaim of reduction in OTL (Section made effective from 01.07.2017, except the proviso to sub-section(9)) CGST-772
Section 43A Procedure for furnishing return and availing input tax credit(Section made effective from 29.08.2018) CGST-775
Section 44 Annual return(Section made effective from 01.07.2017) CGST-778
Section 46 Notice to return defaulters(Section made effective from 01.07.2017) CGST-795
Section 47 Levy of Late Fee CGST-801
Section 48 Goods and services tax practitioners (Section made effective from 01.07.2017) CGST-817
Chapter 10 Payment of Tax CGST-822
Section 49 Payment of Tax, Interest, Penalty & other Amounts (Section made effective from 01.07.2017) CGST-831
Section 49A Utilisation of input tax credit subject to certain conditions(Section made effective from 01.02.2019) CGST-864
Section 49B Order of utilisation of input tax credit (Section made effective from 01.02.2019) CGST-866
Section 50 Interest on delayed Payment of Tax(Section made effective from 01.07.2017) CGST-869
Section 51 Tax Deduction at Source (TDS)(Section made effective from 01.10.2018) CGST-901
Section 52 Collection of Tax at Source (Section made effective from 22.06.2017) CGST-912
Section 53 Transfer of Input Tax Credit(Section made effective from 01.07.2017) CGST-924
Section 53A Transfer of certain amounts (Section made effective from 01.01.2020) CGST-927
Chapter 11 Refunds CGST-930
Section 54 Explanation CGST-941
Section-55 Refund in certain cases(Section made effective from 01.07.2017) CGST-1048
Section 56 Interest on delayed refunds(Section made effective from 01.07.2017) CGST-1055
Section 57 Consumer welfare Fund(Section made effective from 01.07.2017) CGST-1069
Section 58 Utilisation of Fund(Section made effective from 01.07.2017) CGST-1071
Chapter 12 Assessment CGST-1074
Section 59 Self Assessment (Section made effective from 01.07.2017) CGST-1078
Section 60 Provisional Assessment(Section made effective from 01.07.2017) CGST-1083
Section 61 Scrutiny of Returns (Section made effective from 01.07.2017) CGST-1087
Section 62 Assessement of non filers of returns (Best Judgement Assessment) (Section made effective from 01.07.2017) CGST-1098
Section 63 Assessement of unregistered persons (Section made effective from 01.07.2017) CGST-1120
Section 64 Summary Assessment in certain cases (Section made effective from 01.07.2017) CGST-1123
Chapter 13 Audit CGST-1136
Section 65 Audit by Tax Authorities (Section made effective from 01.07.2017) CGST-1141
Section 66 Special Audit (Section made effective from 01.07.2017) CGST-1150
Chapter 14 Inspection Search Seizure and Arrest CGST-1155
Section 67 Power of Inspectoin, Search, Seizure CGST-1159
Section 68 Inspection of goods in movement CGST-1209
Section 69 Power to arrest CGST-1246
Section 70 Power to summon persons to give evidence and produce documents CGST-1276
Section 71 Access to business premises CGST-1349
Section 72 Officers required to assist proper officers CGST-1356

DETAILED CONTENTS

VOLUME-II

Chapter 15 Demands And Recovery CGST-1365
Section 73 Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful- misstatement or suppression of facts. CGST-1371
Section 74 Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful- misstatement or suppression of facts CGST-1424
Section 75 General provisions relating to determination of tax CGST-1473
Section 76 Tax collected but not paid to Government CGST-1504
Section 77 Tax wrongfully collected and paid to the Central or a State Government CGST-1510
Section 78 Initiation of recovery proceedings CGST-1520
Section 79 Recovery of tax. CGST-1528
Section 80 Payment of tax and other amount in instalments. CGST-1547
Section 81 Transfer of property to be void in certain cases CGST-1553
Section 82 Tax to be first charge on property. CGST-1555
Section 83 Provisional attachment to protect revenue in certain cases. CGST-1557
Section 84 Continuation and validation of certain recovery proceedings. CGST-1594
Chapter 16 Liability to Pay in Certain Cases CGST-1604
Section 85 Liability in case of transfer of business (Section made effective from 01.07.2017) CGST-1610
Section 86 Liability of agent and principal (Section made effective from 01.07.2017) CGST-1612
Section 87 Liability in case of amalgamation or merger of companies(Section made effective from 01.07.2017) CGST-1616
Section 88 Liability in case of company in liquidation(Section made effective from 01.07.2017) CGST-1619
Section 89 Liability of directors of private company(Section made effective from 01.07.2017) CGST-1622
Section 90 Liability of partners of firm to pay tax(Section made effective from 01.07.2017) CGST-1626
Section 91 Liability of guardians, trustees, etc. (Section made effective from 01.07.2017) CGST-1629
Section 92 Liability of Court of Wards, etc.(Section made effective from 01.07.2017) CGST-1632
Section 93 Special provisions regarding liability to pay tax, interest or penalty in certain cases(Section made effective from 01.07.2017) CGST-1634
Section 94 Liability in other cases (Section made effective from 01.07.2017) CGST-1638
Chapter 17 Advance Ruling CGST-1641
Section 95 Definitions (Section made effective from 01.07.2017) CGST-1646
Section 96 Authority for advance ruling (Section made effective from 01.07.2017) CGST-1649
Section 97 Application for advance ruling (Section made effective from 01.07.2017) CGST-1654
Section 98 Procedure on receipt of application (Section made effective from 01.07.2017) CGST-1659
Section 99 Appellate Authority for Advance Ruling (Section made effective from 01.07.2017) CGST-1664
Section 100 Appeal to Appellate Authority CGST-1667
Section 101 Orders of Appellate Authority(Section made effective from 01.07.2017) CGST-1671
Section 101A Constitution of National Appellate Authorirty for Advance Ruling (Section to be made effective from the date yet to be notifed) CGST-1675
Section 101B Appeal to National Appellate Authority (Section to be made effective from the date yet to be notified) CGST-1683
Section 101C Order of National Appellate Authority (Section to be made effective from the date yet to be notified) CGST-1686
Section 102 Rectification of advance ruling (Section made effective from 01.07.2017) CGST-1689
Section 103 Applicability of advance ruling (Section made effective from 01.07.2017) CGST-1692
Section 104 Advance ruling to be void in certain circumstances (Section made effective from 01.07.2017) CGST-1695
Section 105 Powers of Authority, Appellate Authority and National Appellate Authority (Section made effective from 01.07.2017) CGST-1698
Section 106 Procedure of Authority, Appellate Authority and National Appellate Authority(Section made effective from 01.07.2017) CGST-1700
Chapter 18 Appeals and Revision CGST-1703
Section 107 Appeals to Appellate Authority CGST-1710
Section 108 Powers of Revisional Authority CGST-1755
Section 109 Constitution of Appellate Tribunal and Benches thereof CGST-1760
Section 110 President and Members of Appellate Tribunal their qualification,appointment, conditions of services etc CGST-1768
Section 111 Procedure before Appellate Tribunal CGST-1780
Section 112 Appeals to Appellate Tribunal CGST-1784
Section 113 Orders of Appallate Tribunal CGST-1799
Section 114 Financial and Administrative powers of President . CGST-1802
Section 115 Interest on Refund of amount paid for admission of appeal CGST-1804
Section 116 Appearance by authorized representative CGST-1807
Section 117 Appeal to High Court. CGST-1811
Section 118 Appeal to Supreme Court CGST-1820
Section 119 Sums due to be paid notwithstanding appeal etc. CGST-1825
Section 120 Appeal not to be filed in certain cases CGST-1827
Section 121 Non Appealable decisions and orders CGST-1829
Chapter 19 Offences and Penalties CGST-1832
Section 122 Penalty for certain offences CGST-1839
Section 123 Penalty for failure to furnish information return CGST-1854
Section 124 Fine for failure to furnish statistics CGST-1856
Section 125 General penalty CGST-1860
Section 126 General disciplines related to penalty CGST-1865
Section 127 Power to impose penalty in certain cases CGST-1869
Section 128 Power to waive penalty or fee or both CGST-1871
Section 129 Detention, seizure and release of goods and conveyances in transit CGST-1879
Section 130 Confiscation of goods or conveyances and levy of penalty CGST-1946
Section 131 Confiscation or penalty not to interfere with other punishments CGST-1980
Section 132 Punishment for certain offences CGST-1984
Section 133 Liabilty of officers and certain other persons CGST-2053
Section 134 Cognizance of offences CGST-2056
Section 135 Presumption of culpable mental state CGST-2062
Section 136 Relevancy of statements under certain circumstances CGST-2066
Section 137 Offences by Companies CGST-2068
Section 138 Compounding of offences CGST-2072
Chapter 20 Transitional Provisions CGST-2090
Section 139 Migration of existing taxpayers (Section made effective from 22.06.2017) CGST-2095
Section 140 Transitional arrangements for Input Tax Credit(Section made effective from 01.07.2017) CGST-2107
Section 141 Transitional provisions relating to Job Work (Section made effective from 01.07.2017) CGST-2196
Section – 142 Misc. Transitional Provisions(Section made effective from 01.07.2017) CGST-2203
Chapter 21 Miscellaneous CGST-2225
Section 143 Job work procedure CGST-2235
Section 144 Presumption as to documents in certain cases CGST-2241
Section 145 Admissibilty of micro films, acsimile copies of documents and computer printouts as documents and as evidence CGST-2243
Section 146 Common Portal CGST-2246
Section 147 Deemed Exports CGST-2248
Section 148 Special procedure for certain processes CGST-2252
Section 149 Goods and services tax compliance rating CGST-2262
Section 150 Obligation to furnish information return CGST-2264
Section 151 Power to call for information CGST-2268
Section 152 Bar on disclosure of information CGST-2270
Section 153 Taking assistance from an expert CGST-2272
Section 154 Power to take samples CGST-2274
Section 155 Burden of proof CGST-2276
Section 156 Persons deemed to be public servants CGST-2277
Section 157 Potection of action taken under this act CGST-2278
Section 158 Disclosure of information by a public servant CGST-2280
Section 158A Consent based sharing of information furnished by taxable person CGST-2285
Section 159 Publication of information in respect of persons in certain cases CGST-2287
Section 160 Assessment proceedings, etc., not to be invalid on certain grounds CGST-2289
Section 161 Rectification of errors apparent on the face of record CGST-2291
Section 162 Bar on jurisdiction of civil courts CGST-2297
Section 163 Levy of fee CGST-2298
Section 164 Power of Government to make rules CGST-2299
Section 165 Power to make regulations CGST-2313
Section 166 Laying of rules, regulations and notifications CGST-2317
Section 167 Delegation of powers CGST-2319
Section 168 Power to issue instructions or directions CGST-2322
Section 168A Power of Government to extend time limit in Special Circumstances CGST-2343
Section 169 Service of notice in certain circumstances CGST-2345
Section 170 Rounding off of tax, etc. CGST-2352
Section 171 Anti-profiteering measure CGST-2354
Section 172 Removal of difficulties CGST-2366
Section 173 Amendment of Act 32 of 1994 CGST-2373
Section 174 Repeal and saving CGST-2377

Integrated Goods and Services Tax Act, 2017

Chapter 1 Introduction, Applicability and Definitions IGST-3
Section 1 Short title, extent and commencement IGST-5
Section 2 Definitions IGST-7
Chapter 2 Administration IGST-17
Section 3 Appiointment of Officers IGST-18
Section 4 Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances IGST-20
Chapter 3 Levy and Collection under IGST Act IGST-22
Section 5 Levy and collection IGST-26
Section 6 Power to grant exemption from tax IGST-34
Chapter 4 Determination of Nature of Supply IGST-39
Section 7 Inter-State supply IGST-42
Section 8 Intra-State Supply IGST-47
Section 9 Supplies in territorial waters IGST-50
Chapter 5 Place of Supply of goods or Services or Both IGST-52
Section 10 Place of supply of goods other than supply of goods imported into, or exported from India IGST-58
Section 11 Place of Supply of Goods-Imported into or Exported from India IGST-61
Section 12 General Rule for Determination of Place of Supply of Service IGST-62
Section 13 Where location of Supplier of Service/recipient is outside India IGST-73
Section 14 Special provision for payment of tax by a supplier of online information and database access or retrieval services IGST-82
Chapter 6 Refund of Integrated Tax to International Tourist IGST-86
Section 15 Refund of integrated tax paid on supply of goods to tourist leaving India IGST-88
Chapter 7 Zero Rated Supply IGST-92
Section 16 Zero rated supply IGST-95
Chapter 8 Apportionment of Tax and Settlement of Funds IGST-102
Section 17 Apportionment of tax and settlement of funds IGST-105
Section 17A Transfer of certain amounts IGST-110
Section 18 Transfer of input tax credit IGST-112
Section 19 Tax wrongfully collected and paid to Central Government or State Government IGST-114
Chapter 9 Chapter IX Miscellaneous IGST-117
Section 20 Application of provisions of Central Goods and Services Tax Act IGST-121
Section 21 Import of services made on or after the appointed day IGST-127
Section 22 Power to make rules IGST-130
Section 23 Power to make regulations IGST-132
Section 24 Laying of rules, regulations and notifications IGST-133
Section 25 Removal of difficulties IGST-135

Union Territory Goods and Services Tax Act, 2017

Chapter 1 Preliminary UTGST-3
Section 1 Short title, extent and commencement UTGST-5
Section 2 Definitions UTGST-7
Chapter 2 Administration UTGST-10
Section 3 Officers under this Act UTGST-11
Section 4 Authorisation of officers UTGST-12
Section 5 Powers of officers. UTGST-14
Section 6 Authorisation of officers of central tax as proper officer in certain circumstances UTGST-15
Chapter 3 Levy and Collection of Tax UTGST-18
Section 7 Levy and collection UTGST-22
Section 8 Power to grant exemption from tax UTGST-25
Chapter 4 Payment of Tax UTGST-29
Section 9 Payment of tax UTGST-32
Section 9A Utilisation of input tax credit. UTGST-34
Section 9B Order of utilisation of input tax credit. UTGST-35
Section 10 Place of supply of goods other than supply of goods imported into, or exported from India UTGST-37
Chapter 5 Inspection, Search, Seizure and Arrest UTGST-39
Section 11 Place of supply of goods imported into, or exported from India UTGST-40
Chapter 6 Demands and Recovery UTGST-42
Section 12 Tax wrongfully collected and paid to Central Government or Union Territory Government UTGST-44
Section 13 Recovery of tax UTGST-46
Chapter 7 Advance Ruling UTGST-48
Section 14 Definitions UTGST-49
Section 15 Constitution of Authority for Advance Ruling UTGST-51
Section 16 Constitution of Appellate Authority for Advance Ruling UTGST-53
Chapter 8 Transitional Provisions UTGST-56
Section 17 Migration of existing taxpayers UTGST-62
Section 18 Transitional arrangements for input tax credit UTGST-63
Section 19 Transitional provisions relating to job work UTGST-70
Section 20 Miscellaneous transitional provisions UTGST-74
Chapter 9 Miscellaneous UTGST-83
Section 21 Application of provisions of Central Goods and Services Tax Act UTGST-87
Section 22 Power to make rules UTGST-95
Section 23 General power to make regulations UTGST-99
Section 24 Laying of rules, regulations and notifications UTGST-101
Section 25 Power to issue instructions or directions UTGST-103
Section 26 Removal of difficulties UTGST-104

Goods and Services Tax(Compensation To States) Act, 2017

Goods and Services Tax (Compensation to States) Act, 2017 Cess-3
Section 1 Short title, extent and commencement Cess-5
Section 2 Definitions Cess-6
Section 3 Projected growth rate Cess-10
Section 4 Base year Cess-11
Section 5 Base year revenue Cess-12
Section 6 Projected revenue for any year Cess-17
Section 7 Calculation and release of compensation Cess-18
Section 8 Levy and collection of cess Cess-23
Section 9 Returns, payments and refunds Cess-26
Section 10 Crediting proceeds of cess to Fund Cess-27
Section 11 Other provisions relating to cess Cess-31
Section 12 Power to make rules Cess-33
Section 13 Laying of rules before Parliament Cess-35
Section 14 Power to remove difficulties Cess-36

About the Author

Dr. Avinash Poddar & Mr. Shailin Doshi

Dr. Avinash Poddar is a Chartered Accountant turned Advocate. He completed his Graduation from holy city of Haridwar, located in the state of Uttarakhand. Presently, he is Founder Partner in "M/s. ASHVA Legal Advisors LLP". He is based at Surat, Ahmedabad, Mumbai, and Delhi. He qualified as a Chartered Accountant in 2000 and has established his firm APV & Associates. He later ventured into software development and promoted TARUN Group. In the first eight years of his practice, he primarily worked in the areas of Direct Taxation, Auditing and Software Development and Sales. Subsequently, in the year 2008 he felt that the share of service sector is increasing in the Indian Economy; and therefore, service tax has the potential of growing immensely. He therefore decided to concentrate on the field of Service Tax and Excise. He is the founding partner of M/s ASHVA Legal Advisors LLP, Attorneys and Advocates, and is practicing in the field of litigation.

Mr. Shailin Doshi is a commerce graduate having an experience of more than 10 years in Service Tax, Excise, Customs and GST. He is primarily into Departmental Adjudication and Appeals. He has mastered into handling Search & Seizure matters. He along with these is very actively involved into litigation practice with M/s ASHVA Legal Advisors LLP and take care of drafting the High Court writs and appeals. Further to this he is also advising large corporates on various Indirect Tax issues. Presently he is pursuing the Bachelor of Laws (LL. B) and Cost Accountancy

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Master Guide to GST Act (Set of 2 Vols)
Pages: 2600
Language: English
ISBN: 9789356034556
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