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9% Interest payable on delayed GST refund from filing date of GSTR­3B

Willowood Chemicals Pvt. Ltd. Vs Union of India (Gujarat High Court) For the reasons assigned in the Special Civil Application No.15925 of 2018, decided on 10/07/2019, this writ­application is allowed to the extent that the writ­ applicants are entitled to the interest for the delayed payment at the rate of 9% per annum. The authority […]

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HC upholds demand of Service Tax post introduction of GST

Section 174(2)(c) of CGST Act, 2017 prima facie seems to preserve the levy insofar as any liability to pay tax was incurred by the individual or concern.     Court is of the opinion that the present writ petition cannot be maintained. It is open to the Writ petitioner to raise all contentions including levy and extent of levy of service tax before the adjudicating officer concerned. Writ petition is disposed of.

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Curtailment of incentives under Package Scheme of Incentives due to introduction of GST

The Respondents are directed to implement the Incentive Scheme as amended up-to-date with a discretion to modify the scheme so as to bring it in line with the new tax structure under the General Sales Tax scheme, but without reducing or restricting the benefits as conferred upon the Petitioner under the Incentive Scheme within a period of eight weeks from the date of receipt of this Judgment.

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Amendments to CGST Act 2017 and IGST Act 2017

Article explains Amendments to CGST Act, 2017 and IGST Act, 2017 (Section 91 to 111 of Finance Bill, 2019), Customs Exemptions ( IGST) and Retrospective Exemption of Uranium Ore Concentrate. Finance Act, 2019 (GST Provisions) •Finance Act, 2019 received the assent of the President of India on 1st August, 2019. •However, sections 92 to 112( […]

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Goods Transport Agency (GTA) under GST

Goods Transport Agency under GST Transportation of Goods by Road:- In terms of Notification no. 12/2017-Central Tax (rate), Dated 28-6-2017 (sr. No 18), The Following services are exempts from GST. Services by way of transportation of Goods- (a) BY Road except the service of – (i) A goods transportation agency; (ii) A courier agency (b) […]

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GST related provisions of Constitution which Requires amendments

For the purpose of implementing goods and services tax (GST), the Constitution of India was amended vide The Constitution (One Hundred And First) Amendment Act, 2016. By the said Amendment Act, certain new Articles and certain new clauses in existing Articles were added. Certain clauses of some Articles were also amended. Certain entries of the […]

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New GST Return System (PPT)

Statutory provision: Section 43A of Central Goods & Services Tax Act, 2017 ♣ The section has been passed by the parliament in by January and has been implemented from 1st February 2019. ♣ The implementation notification is not published yet. ♣ It may be published by September 2019. Section 43A (1) Notwithstanding anything contained in […]

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Delhi: Two persons arrested in cases of fraudulent IGST refund claims

The two persons have been identified as Ramesh Wadhera and Mukesh KumarTwo persons were arrested by the Directorate General (DG) of GST Intelligence in alleged cases of fraudulent IGST refund claims on Friday.The two persons have been identified as Ramesh Wadhera and Mukesh Kumar.As per the statement of the Directorate General of GST Intelligence (DGGI), the action was taken on receipt of an input from Delhi-based Allahabad Bank that suspicious transactions were noticed in the accounts of four proprietorship firms (Monal Enterprises and Ors.) wherein large quantum of IGST refunds had been received by them immediately after their opening, without any prior business transaction history.Further, the refunds credited to these bank accounts were withdrawn and transferred in quick succession. Developing on the input, the DGGI verified that the addresses of these firms were either non-existent or the firms were not operating on the given addresses.Further probe into the matter revealed that …

Interest on Delay Refund: 9% Payable from date of Filing of GSTR-3B

Recent Judgement in the case of Saraf Natural Stone Vs UOI (Gujarat High Court) on Interest on Delayed Refund from Honorable Gujrat High Court as under – Facts: M/s. Saraf Natural Stone (referred as ‘SNS’), is partnership firm engaged in exporting of marble or natural stones, has refund claim for the exports made, the department […]

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All about – Goods and Services Tax New Returns

The GST Council in its 31st meeting recommended introduction and implementation of a new GST Return System in a phased manner from October 2019 to facilitate taxpayers. In the new GST Return System, there will be three main components to the new return – one main return (FORM GST RET-1) and two annexures (FORM GST […]

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