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Showing posts from November, 2019

GST based bill discounting can provide immediate relief to MSMEs, says experts

NEW DELHI: Top economists and taxation experts of India has reached to a consensus that Goods and Service (GST) based bill discounting backed by government guarantee fund can provide immediate relief to Micro Small and Medium Enterprises (MSMEs) struggling with credit issues.In its endeavor to further improvise and set new direction for tax reforms, top experts at SKOCH India Economic Forum which was organised by  SKOCH Group (India’s topmost think-tank) on Friday discussed immediate measures required to counter slow down and create a complete portfolio of tax reforms in India.Addressing the immediate measures required to take tax reforms to the next level, Sameer Kochhar, Chairman, SKOCH Group said, “I am glad that leading taxation experts at India Economic Forum has today reached a consensus that GST based bill discounting backed by government guarantee fund can provide immediate relief to MSMEs. Credit to MSME is a huge problem and the biggest roadblock in the success story of our …

Viewing Orders of Unblocking of E-Way Bill Generation Facility- FAQs

FAQs on Viewing Orders of Unblocking of E-Way Bill Generation Facility Unblocking of E-Way Bill Generation Facility Q.1 Why my GSTIN is blocked for E-Way Bill generation facility? Ans. Your GSTIN will be blocked for E-Way Bill generation facility, in case, you have failed to file Form GSTR-3B return for last two or more consecutive […]

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Delayed GST refunds irks bizmen

LUDHIANA: The city-businessmen are a worried lot as they are not getting GST refunds timely. The state taxation department is already under fire for not renewing the e-way bill exemption limit of Rs 1 lakh.Former president of United Cycle Parts Manufacturers Association Inderjit Navyug, said, “Due to the delay in processing of GST refunds, we are facing shortage of funds. First, we have to deposit the tax and then we have to run after the GST department to get our refund which is delayed for months. Two years on, the state department is yet to streamline the system which has become troublesome for us. Getting a refund from the state GST department has become a herculean task for us and we request them to streamline the system, else we will be forced to surrender our GST numbers.”President of Fasteners Supplier Association Rajkumar Singla said, “Regardless of our repeated reminders to the state GST department to disburse refunds on timely basis to us nothing is being done in this direc…

Rs 440 crore fake invoice GST scam unearthed, one arrested

Officials of Directorate General of GST Intelligence (DGGI), Chennai Zonal Unit, have busted a racket involving issue of fake invoices without actual supply of goods to the tune of around ₹440 crore. This, in turn, resulted in fraudulent availment and utilisation of input tax credit of around ₹79 crore. One of three persons involved in the scam was arrested.Preliminary investigation revealed 54 bogus entities were merely on paper. The bogus entities were floated in several layers to create a complex network of transactions among themselves, including transfer of money in bank accounts to make them appear genuine. This enabled them to make fake invoices to reach the manufacturers in these cases, who avail the fraudulent input tax credit without receipt of goods in question, which is metal scrap, it added.The investigations revealed that the conspiracy was hatched by three persons. One person took the role of creating fictitious entities and another person played a key role in identifyi…

Punjab government’s performance on GST collection the worst: SAD

The Akali leader also alleged that the Congress government was misleading Punjabis by stating that Rs 4,100 crore was due from the Centre on account of GST compensation.CHANDIGARH: The Shiromani Akali Dal (SAD) claimed on Friday that the Congress-led Punjab government’s performance regarding GST collection was the “worst” in the country and accused it of resorting to a “mischievous campaign to divert attention from its own failures”.The Punjab Congress has accused the Narendra Modi government of meting out “stepmotherly” treatment to the state and “deliberately delaying” the release of Rs 4,100 crore in GST compensation to it.In a statement, former state finance minister Parminder Singh Dhindsa said it was a matter of record that Punjab had the maximum shortfall of 44 per cent in revenue collection through GST in the first five months of 2019-20 fiscal as against the average country-wide shortfall of only 21 per cent.Pinning the blame for shortfall in GST revenue on the state governme…

N K Singh says GST is an iconic tax reform, will improve compliance

India had shifted to this new indirect tax regime from July 2017 which aims to bring down tax compliance across the country and create a large single market.Fifteenth Finance Commission Chairman N K Singh on Friday said the goods and services tax has been an iconic taxation reform that will improve compliance in the country. “GST (goods and services tax) was a far-reaching iconic reform related to the share of resources between the central and state governments. It is indeed a radical tax reform,” Singh said at the India Economic Forum Skoch event here.India had shifted to this new indirect tax regime from July 2017 which aims to bring down tax compliance across the country and create a large single market. It was formed after amalgamation of 17 various central and state levies, including excise duty, service tax and value-added tax.“Let it not be misunderstood when many critics have said that the GST is a failure. This is exactly not a failure, this in my view is an outstanding attem…

Impact of New ITC Rule 36(4) of CGST Rules, 2017

Article on impact of circular No. 123/42/2019 –GST dated.11.11.2019 (Restriction in availment of input tax credit of sub-rule (4) of rule 36 of CGST Rules, 2017) under GST Law, 2017) on business community under GST Scenario. Dear Colleagues, good morning. You are all aware that CBIC has given Circular on Restriction in availment of input […]

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GST Policies on Income from Rent

With Goods and Service Tax (GST) being evident in every sector then how can the income from rent escape the premises. Well, GST is much modernized and a well-structured tax collecting mechanism as compared to any tax system in India. Nothing is 100% fine therefore provisions are still being introduced to eliminate the minute flaws […]

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Transfer / Posting to the grade of Commissioner/Pr. Commissioner/Pr. ADG Commissioner/ADG of Customs

Office Order No. 158/2019 The President of India is pleased to promote following officers of Indian Revenue Service (Customs & Central Excise) to the grade of Commissioner of Customs, CGST & Central Excise in the Pay scale of Rs. 37,400-67,000/ with Grade Pay of Rs. 10,000/- (pre-revised) for the panel years mentioned against their names w.e.f. the date of assumption of the charge of the post and until further orders:-

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Recent Update in GST till 28th December 2019

20 November, 2019 was to last date to file Form GSTR 3B for month of October 2019. The data released by CBIC indicate that returns filed on last two days were 11.52 lakh and 14.36 lakhs where as cumulative figure till 20.11.2019 is 60.91 lakh indicating that bulk of returns are filed on last 2 days or so, of course putting tremendous pressure on the GST network resulting in GSTN system even not functioning for some time on last day.

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ClearTax gets GST Suvidhaa Provider licence

ClearTax will now be able to offer a gateway to taxpayers for GST filings and e-way bills through direct API integration with the network.Bengaluru-based tax online filing platform ClearTax  has been selected as a GST Suvidhaa Provider by the GST Network (GSTN), which manages the technological infrastructure for GST filings.ClearTax will now be able to offer a gateway to taxpayers for GST filings and e-way bills through direct API (Application Programming Interface) integration with the network.The company said that the licence will enable ClearTax to run all technology layers inhouse and build the infrastructure that delivers speed and reliability to its customers, which includes chartered accountancy firms, large enterprises, and small and medium enterprises.ClearTax is planning to provide intelligent APIs for any business filing on their own and provide developers a platform to build other GST applications.ClearTax’s GST business already supports 600,000 businesses, more than 1,000…

Tax sleuths wake up to fake invoice GST racket

The fake invoices are mainly B2B invoices. Here a seller sells a product to the genuine buyer (say A), without raising an invoice.KOLKATA: Tax sleuths across the country are girding up their loins to put checks and balances on growing cases of fake invoices in GST—fake B2B invoices and fake E-way bills—which are depriving State exchequers of increasingly larger amount.  The basic framework of these cases have some common features, tax department officials said.“The fake invoices are mainly B2B invoices. Here a seller sells a product to the genuine buyer (say A), without raising an invoice. The products in question are generally intermediate goods (that are processed to make the final product) like plastic granules or metals, for which there is high demand but few suppliers. As no invoices are raised and no GST is collected in this transaction, this is the first leg where government loses its revenue,” these officials pointed out.“Buyer A undertakes further sale of these goods without …

Real Estate & Joint Development Agreement under GST

This Article contains provisions in regard of Real Estate and Joint Development Agreement which are applicable from 01-04-2019. It is presumed that all constructions and agreements are effected after 01-04-2019 and there is no case of ongoing project. Index for this Article: A. Definitions B. Supply under Real Estate Business C. Valuation of Supply under […]

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Transitional credit cannot be denied for mere elapse of time to file revised FORM GST TRAN-1

Jakap Metind Pvt Ltd Vs Union of India (Gujarat High Court) In this case, it is not as if the petitioner has not filed FORM GST TRAN-1 within the time provided by the respondents under the rules. The petitioner had filed the form, but on account of not properly understanding the nature of the columns […]

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Haryana registers 30.54% growth in GST collection from July to Oct

Haryana has registered a significant growth rate of 30.54%, which is highest in the country, under goods and services tax (GST) collection from July to October during the current financial. An amount of Rs 6,930 crore has been collected as GST during this period.This was stated in a meeting presided over by chief minister Manohar Lal Khattar to review the functioning of excise and taxation department here.The CM said with a view to check tax evasion and to improve GST collection, a state-wide registration drive should be launched for the registration of left out firms and also to cancel the registration of fake firms. Under the GST regime, a business whose turnover exceeds Rs 40 lakh is required to register as a normal taxable person. He also directed the department to depute officers, who would personally visit atleast 50 people in different districts that are registered dealers, but did not file return so that reason for the same could be ascertained and accordingly steps could be t…

ICAI Releases updated Background Material on GST

Continuing with this motive, the Indirect Taxes Committee of ICAI, has recently revised its Background Material on GST Acts and Rules- May 2018 Edition (Two Volumes: Vol-1 : Act & its analysis along with Rules, Vol-02: Notifications, Circulars & Orders).

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Tamil Nadu Real Estate Regulatory Authority directs developer to return seven percent excess GST to homebuyer

CHENNAI: Homebuyers who paid excess GST may seek discounts from their developers. The Tamil Nadu Real Estate Regulatory Authority (TNRERA) on Thursday directed a promoter to return the additional GST the realtor had collected from a customer. The regulator ruled that homebuyers have the right to claim the benefits of input tax credit (ITC).The issue pertains to two homebuyers filing a case with TNRERA demanding that Casa Grande Civil Engg (P) Ltd return the additional 7% GST collected for an ongoing project at Pazhavanthangal. The complainants, Usha Ravikumar and B Ravikumar, paid GST to the tune of Rs 7.33lakh at the rate of 12% for a flat measuring 1,630sqft.Noting that the under-construction project was delayed, the complainant said that GST of 12% was collected instead of 5% for the project. The homebuyers had entered into a construction agreement with the developer in July 2017. The agreement specified that their flat should be handed over by June 2019. Later, a revised agreement…

Firm owner evading Rs 5.74 crore GST payment held

VADODARA: The central goods and services tax (GST) officials have arrested a businessman from the city on charges of evading payment of taxes. Officials of CGST, Vadodara 1 booked Nitin Kumar Garg, a partner in ABC Auto Link located at Ranoli and later arrested him. The officials said that Garg has admitted to be an active partner in the company.
GST officials said that Garg used to collect GST but not deposit it in the government exchequer. He had not paid GST amounting to Rs 5.74 crore.“Non-payment of GST above Rs 5 crore is cognizable and non-bailable offence punishable with imprisonment for a term which may extend to three years with a fine,” said a GST official. The GST officials had in April this year had booked an owner of a construction company for collecting GST but not depositing it with the government.Source- Times of India.The post Firm owner evading Rs 5.74 crore GST payment held appeared first on GST Station.

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Centre deliberately delaying release of GST compensation: Punjab Congress chief

CHANDIGARH: The ruling Congress in Punjab accused the Narendra Modi government on Thursday of meting out “stepmotherly” treatment to the state and “deliberately delaying” the release of Rs 4,100 crore in GST compensation to it.The party also threatened to hold a protest outside the Parliament against the Centre if it did not stop “discrimination” against Punjab.“It is very unfortunate that the Central government has withheld Rs 4,100 crore of Punjab GST,” state Congress chief Sunil Jakhar said.He described the “deliberate delay” in the release of funds as “ill-fated” and demanded that the Centre release it without any delay.The state Congress chief also asked the Modi government to stop meting out “stepmotherly” treatment to the state.Jakhar’s remarks came days after Punjab Chief Minister Amarinder Singh expressing shock over the delay in the release of Rs 4,100 crore of GST compensation.He had also sought the intervention of Prime Minister Narendra Modi and Finance Minister Nirmala S…

GST e-invoicing must for businesses with Rs 100-cr turnover from April 1

It will be voluntary for businesses with less than Rs 100-cr turnover; will help SMEs take instant loansNEW DELHI: From April 1 next year, electronic invoicing (e-invoicing) will be mandatory for businesses with a turnover of Rs 100 crore, the government said on Thursday.This will help curb goods and services tax (GST) evasion and make compliance easier.The e-invoicing system will be rolled out in a phased manner from January 1 on a voluntary and trial basis, beginning with firms with a turnover of Rs 500 crore, while businesses with a turnover of Rs 100 crore or more will be required to do it from February 1.“The basic aim behind the adoption of the e-invoice system is to facilitate convenience to the taxpayers by further simplifying the GST return system. Though e-invoicing the tax department would help business and taxpayers by pre-populating the returns, resulting in reducing reconciliation problems,” a government release said.There are about 7,500 GST identification numbers (GSTI…

How to upload multiple invoices with GST Refund Application- Advisory

Advisory for taxpayers for uploading multiple invoices/ credit/ debit notes as supporting documents with refund application (RFD-01) Tips for Scanning Documents and Reducing File Size for uploading supporting documents with the refund application Taxpayers are expected to upload the supporting documents while filing their refund application (Form GST RFD-01). The GST Common Portal allows taxpayers […]

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Last chance to claim transitional credit under GST – Now or Never!!!

Government has provided a window enabling the taxpayers to file the Form Tran-1 till 31.03.2019 and which is now extended till 31.12.2019. It should be noted that this facility is available only to the persons who have attempted to file the FORM GST TRAN-1 within the initial due date i.e., 27.12.2017 but could not file the same due to technical glitches in the portal and further has digital evidence to prove the same (category-1).

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FAQs on Taking Actions in Form GST ANX-2 in Offline Tool

Offline tool can be used for taking actions in auto-populated details in the Form GST ANX-2 by the taxpayers. Taxpayer can also download Form GST ANX-2 JSON file from GST portal to view/ take action on the documents as part of downloaded JSON in the offline tool.

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FAQs on Filling Form GST ANX-1 in Offline Tool

Form GST ANX-1Offline Utility is a tool, inter alia, to facilitate preparation of the Form GST ANX-1 for taxpayers. Taxpayers may use the offline utility to furnish various details regarding outward supplies, imports & inward supplies attracting reverse charge etc. Once Form GST ANX-1 is prepared using offline utility, it is to be uploaded on GST Portal by creating a JSON file.

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All about New GST Returns Dashboard with FAQs

A. FAQs on New GST Returns Dashboard Q.1 How can I change Return frequency? Ans. To change return frequency, navigate to Returns > Manage Return Profile (Trial) > Change Return Frequency. Q.2 How can I change Return Type? Ans. To change return frequency, navigate to Returns > Manage Return Profile (Trial) > Change Return Type. B. Manual on New Returns Dashboard To […]

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All about Online Upload and Download of Form GST ANX-2 JSON File

The data in GST ANX-2 is majorly auto-populated from the data uploaded by the supplier in his/her Form GST ANX-1, GSTR-5 and GSTR-6. The recipient is required to take action of Accept/ Reject/ keep Pending on the documents in his /her GST ANX-2.

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Form GST ANX-1: Annexure of Supplies- FAQs/Manual

Form GST ANX-1 contains details of outward supplies, inward supplies liable to reverse charge and import of goods and services. It is an annexure to the return to be filed by a regular taxpayer.

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GST ITC Verification Module

Registered as well as cancelled purchasing dealers shall upload year wise, quarter wise, invoice wise data for the verification of the mismatched ITC using ITC verification module available on the Rajtax Web Portal as mentioned in the prescribed format.

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Analysis of CBIC Notifications issued in respect of Jammu & Kashmir

Analysis of CBIC Notifications issued in respect of Jammu & Kashmir detailing the Migration Plan from Erstwhile State of J & K to UTs of J & K and Ladakh As per Jammu and Kashmir Reorganisation Act, 2019, the State of J & K has been divided between Union Territories, namely, UT of J & […]

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DGGI unearths ITC scam by Vapi-based firm

SURAT: The The directorate general of GST Intelligence (DGGI) on Wednesday unearthed Rs 10 crore worth of input tax credit (ITC) scam of a Vapi-based company.Sources said that the DGGI’s Vapi regional unit conducted searches at 16 different premises of M/s Hindustan Enviro Life Protection service limited located in Vapi and its buyers in Surat, Ahmedabad, Khambhat and Rajkot after it received inputs about the company fraudulently passing ITC without actual supply of corresponding goods.During searches, it was found that the petrochemical products importer indulged in circular trading through the chain of firms it created in Rajkot, Khambhat, Ahmedabad and Surat.Official sources said that Rs 10 crore worth of ITC scam has been unearthed and the company has paid Rs 4 crore. “Investigation is on and final figure of GST evasion may increase further,” said an officer.Source- Times of India.The post DGGI unearths ITC scam by Vapi-based firm appeared first on GST Station.

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GST on construction of office building for APSFC

The applicant sought for Advance Ruling on applicable rate of tax under GST for construction of office building at Vijayawada for Andhra Pradesh State Financial Corporation. The activity of the applicant under the said agreement with M/S APSFC is a Composite Supply of Works Contract as defined in clause 119 of Section 2 of Central Goods and Services Act, 2017.

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Rate of GST on getting tobacco leaves re-dried without getting them threshed

In re K.S Subbaih Pillai & Co (India) Private Limited (GST AAR Andhra Pradesh) (a) What is the rate of GST applicable on tobacco leaves procured at tobacco auction platforms or directly from farmers, which are cured and dried by -farmers themselves? The GST Rate of tax for the tobacco leaves procured at tobacco auction […]

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GST if applicant gets tobacco threshed and re-dried on job work basis & then sell to others

What will be the applicable rate of tax if the applicant gets the tobacco threshed and re-dried on job work basis at others premises and then sells such threshed and re-dried tobacco leaves to others? 28% (14% SGST +14% CGST) as per Sl.No. 13 of Schedule IV Notification No. 1/2017 Central Tax (Rate) dated 28.06.2017.

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GST rate on Sell of tobacco Leaves after grading of the same

What will be the applicable rate of tax if the applicant segregates the tobacco into grades depending upon their size (width), colour /shade, length, texture of the leaf etc., and sells such graded tobacco leaf? 5% (2.5% SGST + 2.5%CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax (Rate) dated 28.06.2017.

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GST rate on tobacco leaves re-dried without getting them threshed

What is the applicable rate of tax if the applicant gets the tobacco leaves re-dried without getting them threshed? 5% (2.5% SGST + 2.5%CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

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GST Rate on butter tobacco leaves sold to other dealers

What will be the applicable rate of tax if the tobacco leaves are butted and sold to other dealers? 5% (2.5% SGST + 2.5%CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax (Rate) dated 28.06.2017.

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GST Rate on Sell of threshed and re-dried tobacco leaves

What will be the applicable rate of tax if the applicant gets the tobacco leaves threshed and re-dried? 28% (14% SGST +14% CGST) as per SI.No. 13 of Schedule IV Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

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Lower GST rate on restaurant is actually not low

GST was introduced to expand the tax base and encourage voluntary compliance by providing a seamless supply chain having the facility of ITC.There have been several changes in the Goods and Services Tax (GST) rates applicable to restaurants and the eligibility conditions, after its introduction in July 2017. While at the stage of GST introduction, a distinction was sought to be made between AC and non-AC restaurants with rates of 18 per cent and 12 per cent respectively, this was altered after four months. Since November 2017, the rates have been divided into two categories — standalone restaurants and those which are part of a hotel with prescribed tariffs. At this stage, the GST rate was also brought down to 5 per cent for standalone restaurants, which was widely welcomed as being a reasonable rate. However, it was stipulated that there would be no Input Tax Credit (ITC) eligibility considering the lower rate. Since then, there have been quite a few changes. The most recent change t…

There is economic slowdown, but no signs of recession: FM Sitharaman

The finance minister touched upon the difficulties in meeting the fiscal deficit, and indirectly signalled a fiscal slippage for the yearFinance Minister Nirmala Sitharaman on Wednesday defended her handling of the economy, saying steps taken by the government since the Union Budget presentation had started bearing fruit and some sectors such as automobiles are showing signs of recovery. The minister added that while economic growth had slowed in the past few quarters, the country was not undergoing a recession.“Every step being taken is in the interest of the country. Looking at the economy in discerning view, you see that growth may have come down, but it is not a recession yet and it won’t be a recession ever,” she said while replying to a discussion on the economic slowdown in the Rajya Sabha.Sitharaman’s reply was marked by unruly scenes and some disruptions, especially by Anand Sharma of the Congress. A number of Opposition members staged a walkout.The finance minister touched u…

12% GST applicable on outward supply of “Flavoured Milk”

In re M/s Sri Chakra Milk Products LLP. (GST AAR Andhra Pradesh) What is the rate of GST applicable on outward supply of Flavoured Milk? ‘Flavoured milk‘ is classifiable under tariff item 2202 9930 of the First Schedule to the Customs Tariff Act, 1975 as a beverage containing milk under HS code 2202. The rate […]

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GST on tobacco leaves purchased from other dealers who purchased from farmers

What will be the applicable rate of tax if the applicant purchases tobacco leaves from other dealers who have purchased them from farmers, for the purpose of trading? 5% (2.5% SGST + 2.5% CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

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GST on tobacco leaves procured at auction platforms or directly from farmers

The GST Rate of tax for the tobacco leaves procured at tobacco auction platforms or directly from farmers, which are cured and dried by farmers themselves is 5% as per the notification 4/2017 Central Tax (Rate), under 'Reverse charge'

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HC allows GST TRAN-1 filing as system of Taxpayer was down

On facts, case of petitioner is that it could not attempt to file GST TRAN –1 form on GST portal because his own system was down. On 9th January, 2018, deadline having expired on 27th December, 2017, petitioner said so to Revenue. Petitioner then has obtained a report, upon forensic examination of his system, having provided password, which report confirms petitioner’s contention. Less said about the instructions, in context of such facts, as being removed from them, the better.

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Classification of work for land filling and site preparation

In re Ashis Ghosh (GST AAAR West Bangal) As per the work orders issued by MBL, the Appellant is required to fill in the foundation or plinth by silver sand in layers and consolidate the same. Further the job also involves filling in the compound, tank and other low lying areas with sand and good […]

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DGGI, Gurugram, arrests two for GST fraud involving Rs 141 crores

The Directorate General of GST Intelligence (DGGI), Gurugram Zonal Unit (GZU), Haryana has arrested Shri Deepak Mittal, resident of Mayur Vihar, New Delhi, and proprietor of M/s DK Enterprise and Shri Ankur Garg, resident of Hansi, district Hisar, Haryana, proprietor of M/s Garg Enterprises.

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Racket involving supply of goods-less invoices & invoice-less goods unearthed

Central GST Delhi North Commissionerate has unearthed a racket involving supply of goods-less invoices and invoice-less goods. One person has been arrested and remanded to judicial custody for 14 days by the Chief Metropolitan Magistrate (CMM), New Delhi at Patiala House Courts. The accused was found to be operating 10 fake firms which were created for rotation of money and fraudulent Input Tax Credit (ITC), thus defrauding the Exchequer. Prima facie fraudulent ITC of about Rs 140 crores has been passed on using invoices involving an amount of Rs 1,040 crores.

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How to deal with 20% restriction on availment of Input Tax Credit

Article explains What’s the restriction on Input Tax Credit under GST, On what Invoices/debit notes is the restriction on Input Tax Credit under GST imposed,  Calculation of restriction of Input Tax Credit under GST, Amount of ITC to be availed under GST, What would be the impact of the restriction on Input Tax Credit under […]

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Due date Compliance Calendar for December 2019

Article compiles due dates of compliance related to GST, Income Tax, ESI, PF Acts which includes compliance related to GSTR-1, GSTR-3B, ITC-04, GSTR-5 & 5A, GSTR-6, GSTR-7, GSTR-8,  RFD-10, Due dates for payment of TDS / TCS, Dues date for Payment of Advance Tax, Due date for Issue of TDS/ TCS Certificates, Due date for […]

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Protein Powder with Vitamins and Minerals classifiable under HS code 3004

We are of the considered opinion that all the goods being manufactured by the applicant which are mentioned (including the goods mentioned at Sr. No. 20 and 21) in the drug license issued to the applicant by the competent authority and have the labels as per the standards prescribed under the Drugs and Cosmetics Act, 1940 can be classified under HS code 3004.

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Probable Consequences of Non-Compliance with 20% Input Tax Credit Restriction

20% CAPPING OF ELIGIBLE CREDIT IN GSTR 2A Amendment to Rule 36(4) Of CGST Rules 2017 Vide Notification No. 49/2019 – Central Tax 09-10-2019 on 20% ITC Restriction Guided by Circular No. 123/42/2019– GST 1) Ques :What is 20% Restriction on ITC as per Notification No 49/2019 ? Ans :Input tax credit to be availed […]

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To widen GST net in Meerut, tax officials hold traders outreach camps

MEERUT: After bringing close to 32,000 traders into its fold in Meerut zone, the tax officials are leaving no stone unturned to attract more small and medium level businessmen to broaden its base. The GST officials still see a “huge scope” in Meerut zone comprising Meerut and Baghpat districts.
The GST officials have organised several camps to allay the fears of traders about the much talked about “complexity” involved in the comparatively new system of revenue generation.Sampurnanand Pandey, additional commissioner Sales Tax said, “Our officials are going door to door to make traders understand the process of registration, filing of returns and also apprising them of the benefits of getting registered like premium-free accidental insurance worth Rs 10 lakh. In addition, there is a benefit of securing Central Government Pension Scheme for every registered trader. And, there is a provision of filing return just through a text messages also.”Traders have a mixed response to this endeavo…

100 firms get notices for not paying interest fee on GST

CHANDIGARH: As many as 100 city-based companies have failed to pay interest fee for filing goods and service tax (GST) returns late.The excise and taxation department of the UT administration has issued them notices, giving 15 days to pay the pending interest or face consequences.The action comes following the scrutiny of records of the GST number-holding companies.According to the records of the department, all the companies have a financial turnover of around Rs 1 crore per month. Sources said Rs 50 per day is the late fee. The 20th of every month is the last date to pay the amount.Those who do not make the payment on time, they have to pay 18% interest on the total amount plus the late fee.“If anyone pays the GST after the deadline, the late fee is automatically added to the amount in the computer. So, whenever a businessman comes to pay the GST after missing the deadline, he has to pay the late fee by default. But that is not the case with the interest fee,” said a senior officer …

Advance ruling application not admittable if applicant is not supplier

The applicant is not engaged in the manufacture and supply of ENA presently. The representatives were asked to submit as to why the applicant is seeking advance ruling on this issue in view of the fact that advance ruling is binding only on the takpayer who has sought it. They were told that a ruling on this issue will not help the applicant in any way as he is not the supplier of the same.

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CGST Act not empowers Authority to give Ruling on Place of Supply of Goods or Services

In order to decide whether the said services amount to export or not, place of supply of service need to be determined. Section 97(2) of the CGST Act, 2017 empowers the Authority to give a Ruling on time and value of Supply. However it does not empower the Authority to examine the place of supply. In the absence of this provision the Authority is not empowered to answer whether the activity undertaken by the applicant amounts to export or not.

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Setting up of data centres involving transfer of property in goods is Works Contract

Applicant has entered into a contract for carrying out the various listed activities leading to erection, fitting out, renovation and commissioning of data centres. The contract also involves transfer of property in goods. It is therefore opined that the proposed activities of the applicant are covered under the definition of Works Contract.

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Major Impact of Rule 36(4) of CGST Rules, 2017 on SME Sector

So recently this new Rule 36(4) of CGST Rules, 2017 had inserted vide Notification No. 49/2019, which says that: ‘Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not […]

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Important Takeaways from Master Circular on GST refund

Circular No. 125/44/2019 – GST dated 18-11-2019:  The circular aims at automating the entire refund process. Many a new concepts and procedures for refunds have been laid. At the same time old guidelines have been consolidated, and some of them have been modified , altered, simplified and rationalized.  This article presents a summary of important […]

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New Online Refund Module- FORM GST RFD-01 & single disbursement

New Online Refund Module (Fully electronic refund process through FORM GST RFD-01 and single disbursement) A. GST Refunds ♠ Online refund processing (End to End) has been deployed by GSTN. Consequently, refund ARNs generated from 26.09.2019 onwards are processed online , including issuance of GST RFD-04, GST RFD-06 orders and disbursement of all tax heads […]

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GST authorities unearth tax racket to the tune of Rs 140 cr, arrest one

CBIC in a release said that the Central GST Delhi North Commissionerate has unearthed a racket “involving supply of goods-less invoices and invoice-less goods”.NEW DELHI: GST authorities have unearthed a tax racket and arrested one person for allegedly defrauding the government to the tune of about Rs 140 crore through fraudulent means.The Central Board of Indirect Taxes and Customs (CBIC) in a release said that the Central GST Delhi North Commissionerate has unearthed a racket “involving supply of goods-less invoices and invoice-less goods”.One person has been arrested in the connection and sent to judicial custody for 14 days.The accused was found to be operating 10 fake firms which were created for rotation of money and fraudulent Input Tax Credit (ITC), thus defrauding the exchequer.“Prima facie fraudulent ITC of about Rs 140 crore has been passed on using invoices involving an amount of Rs 1,040 crore,” it said.Giving further details, it said the modus operandi of the accused, in…

States’ GST compensation may need to be extended beyond 2022: Report

Serious inconsistencies in data make revenue projection problematicNEW DELHI: States will need to be compensated for their revenue shortfall under goods and services tax (GST) even after 2022 — the sunset year for compensation under the law — because of slow revenue growth, a report commissioned by the 15th Finance Commission (FC) has noted.It shows that states would require compensation of at least Rs 1.67 trillion in 2024-25, because none of them would be able to achieve 14 per cent growth every year.While Karnataka would need the highest compensation among states, Delhi too would face a revenue shortfall to a great extent in coming years, the report warns.Compensation cess is collected over and above the prevailing GST rate on certain luxurious items of consumption. The 15th FC might consider this an important input while it revises the formula for devolving tax revenue from the Centre to the states.This finding of the report might put weight on the states’ side in the devolution f…

GST Notifications issued by CBIC dated on 26.11.2019

GST Notifications issued by CBIC dated on 26.11.2019Notification No. Downloads Subject 62/2019-Central TaxDownload PDFSeeks to notify the transition plan with respect to J&K reorganization w.e.f. 31.10.2019.
61/2019-Central TaxDownload PDFSeeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the month of October, 2019.
60/2019-Central TaxDownload PDFSeeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019.
59/2019-Central TaxDownload PDFSeeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to October, 2019.
58/2019-Central TaxDownload PDFSeeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the month of October, 2019.
5…

All about Online Upload /Download of Form GST ANX-1 JSON File

Article explains how to To upload the generated JSON file from the New Return Offline Tool on the GST Portal, Why one need to upload the JSON file into the GST Portal, How to upload the generated JSON file from the New Return Offline Tool, Why do I need to download the JSON file from […]

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Central Tax notifications form 57/2019 to 62/2019 issued on 26/11/2019

CBIC has issued notification No 57/2019 to 62/2019 issued on 26/11/2019 by which it has notified Due Dates of Filing Form GSTR-1 (For the Months of July 2019 to October 2019 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees), Form GSTR-7 (For the Months of July 2019 to […]

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Certain Incomplete and Incorrect Provisions of ITC in GST

Provisions which grant exemption from tax or which allow benefit of input tax credit adversely affect revenue receipts from goods and services tax. Therefore, while preparing draft of goods and services tax (GST) laws, due precautions are required to be taken. In my opinion, some of the provisions related to availability or admissibility of input […]

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CBIC notifies transition plan for J&K reorganization w.e.f. 31.10.2019

CBIC notifies transition plan with respect to J&K reorganization w.e.f. 31.10.2019 Notification No. 62/2019 – Central Tax dated 26th November, 2019. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 62/2019 – Central Tax New Delhi, the 26th November, 2019 G.S.R. 879(E). – In exercise of […]

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Due date of filing GSTR-3B for J&K registered persons (Oct 19)

CBIC extends due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the month of October, 2019 Notification No. 61/2019 – Central Tax dated 26th November, 2019. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 61/2019 – Central […]

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Due date of filing GSTR-3B for J&K registered persons (July 19 to Sep 19)

CBIC extends due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019 Notification No. 60/2019 – Central Tax dated 26th November, 2019. Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 60/2019 – Central […]

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Due date of filing GSTR-7 for J&K registered persons (July 19 to Oct 19)

CBIC extends due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to October, 2019 Notification No. 59/2019 – Central Tax dated 26th November, 2019. Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 59/2019 – Central […]

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Due date of filing Monthly (OCT,19) GSTR-1 for J&K registered persons

CBIC extends the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the month of October, 2019 Notification No. 58/2019 – Central Tax dated 26th November, 2019. Government of India Ministry of Finance (Department of Revenue) Central Board of […]

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No ITC of CGST Paid in Other State

Q. Whether the Input Tax Credit of Central Tax Paid in Haryana be Available to the Applicant who is Registered in Rajasthan State? In other words, ITC of the Central tax charged in Haryana is not available as in this case both the location of the supplier and the place of supply of the services are in the State of Haryana.

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Clarification of GST Rule 36(4)- Input Tax Credit

Clarification of GST Rule 36(4)- Circular No.123/42/2019 dated 11/11/2019 – Central Tax The newly inserted Rule 36(4) provides that a taxpayer can avail ITC pertaining to outward supplies not declared by his supplier in Form GSTR-1 only to the extent of 20% of the eligible credit available in respect of invoices declared by his supplier in […]

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Due date of filing GSTR-1 for J&K registered persons having aggregate turnover exceeding Rs. 1.5 crore

CBIC extends the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the months of July, 2019 to September, 2019 vide Notification No. 57/2019 – Central Tax dated 26th November, 2019. Government of India Ministry of Finance (Department of […]

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Govt compulsorily retires 21 more ‘corrupt’ tax officers in crackdown on corruption, malpractices

The government has sacked 21 more “corrupt” tax officers belonging to Group B in the fifth tranche of its crackdown on errant officials accused of corruption and other malpractices, said government sources.The Central Board of Direct Taxes (CBDT) compulsorily retired the 21 officers of the rank of Income Tax Officer (ITO) under Fundamental Rule 56 (J) in the public interest due to corruption and other charges and Central Bureau of Investigation (CBI) traps, the sources said.With this, 85 officers including 64 high ranking tax officers, in which 12 officers were from CBDT, have been compulsorily retired under Fundamental Rule 56(J) this year.Among the tax officers who have been shown the door on Tuesday, three were posted in the Mumbai office of the CBDT and two in adjoining Thane district.Other officers sacked were posted in Vishakapatnam, Hyderabad, Rajahmundry, Hazaribag in Bihar, Nagpur in Maharashtra, Rajkot in Gujarat, Jodhpur, Madhopur, and Bikaner in Rajasthan and Bhopal and In…

GST Council to take up Rs 35,000 crore refund for telecom companies

According to the sources, out of the Rs 35,000 crore refund, about Rs 18,000 crore is pending for Reliance Jio, about Rs 10,000 crore for Bharti Airtel, and Rs 7,000 crore for Vodafone Idea.NEW DELHI: With the telecom companies struggling to pay spectrum dues, the finance ministry, which is sitting on Input Tax Credit refund worth Rs 35,000 crore of telecom companies, is likely to refer the matter to the GST Council.“There is Input Tax Credit worth Rs 35,000 crore pending for the three major telecom companies. Department of Telecom (DoT) has flagged the issue to the finance ministry and soon they will refer this matter to the GST Council,” a senior finance ministry official said.According to the sources, out of the Rs 35,000 crore refund, about Rs 18,000 crore is pending for Reliance Jio, about Rs 10,000 crore for Bharti Airtel, and Rs 7,000 crore for Vodafone Idea. The telecom companies have already written to the DoT, and once the refund is done, a large part of their liquidity prob…

2 more traders booked in GST scam

They caused loss of Rs 2.3 cr to exchequer; officials’ involvement suspectedThe multi-crore racket involving GST evasion unearthed here last week continues to swell with two more fake firms detected and estimated a further loss of more than Rs 2.33 crore to the state exchequer, the Excise and Taxation Department has said.Acting on a complaint of by department, the police have registered two more FIRs at the Ambala City police station against Ravi Kumar, who floated a fake firm by the name of Alex Traders, and Hem Chand of Haryana Steel.Ravi caused a loss of over Rs1.93 crore, while Hem Chand caused a loss of Rs39.86 lakh, the police have said.Last week, five traders were booked for causing a loss of over Rs6 crore to the state exchequer by floating fake firms on the GST portal.With the registration of two more cases, the total GST evasion detected so far has crossed Rs 8.25-crore mark and the number of fake firms detected has touched seven. All seven fake firms were registered in Amba…

Input Tax Credit under GST – Detailed Analysis

Input Tax Credit is one of the Key Features of the GST. Input Tax Credit is available on each supply made under GST subject to conditions prescribed. It is a very important topic for the registered person to understand how he can claim input tax credit, when he can claim, which he cannot claim etc.. […]

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Purchase without bill may be big GST leakage source

NEW DELHI: Tax authorities have identified B2C sales as a key source of leakage of goods and services tax (GST) as consumers are often cajoled into paying in cash without taking a bill and are looking to incentivise digital payments to plug revenue leakages.On Monday, the issue was discussed in detail at the first national GST conference, which was attended by senior officers from across the country, with officials suggesting that a check on this channel of leakage could bolster revenue by 15-20%. “In certain products, the revenue leakage is massive.”Under GST, the chain of transactions can help detect leakages but officials fear that a parallel system may have developed through which the entire chain from raw material to inputs and finished goods may be evading taxes. Over the last few months, the government has been seeking to plug revenue leakage and has so far focused on businesses getting bogus tax credits on inputs or cracking down on fly-by-night operators, who often vanish aft…