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Showing posts from June, 2020

No GST supply of coal or other inputs for electricity generation by JSL to JEL

In re JSW Energy Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling is, hereby, held that the proposed arrangement of supply of coal or any other inputs by the principal i.e. JSL to the Appellant i.e. JEL for generation of electricity will be construed as job work. Accordingly, no GST will be leviable […]

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Vijetha Supermarkets guilty of profiteering: NAA

Shri M. Srinivas Vs Vijetha Supermarkets Pvt. Ltd. (National Anti-Profiteering Authority) The Applicant had alleged that the Respondent had not reduced the selling price of the “Frozen Green Peas”, when the GST rate was reduced from 5 % to Nil w.e.f. 01.01.2019 with denial of Input Tax Credit, vide Notification No. 25/2018-Central Tax (Rate) dated […]

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No GST on membership/admission fees collected by Rotary Club

The Appellate Authority for Advance Ruling, hereby, hold that the amount collected as membership subscription and admission fees from members is not liable to GST as supply of services.

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Supply of Electronic along with other consumables by H.P. is mixed supply

In re H.P. Sales India Pvt. Ltd. (GST AAAR Maharashtra) The Appellate authority did not find any reason to amend our original order dated 17.02.2019, wherein it was held that the supply of the Electronic along with the other consumables comprising of blanket, photo imaging plate, binary ink developer, HP imaging oil, blanket web and […]

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GST ITC on purchase & fabrication of motor vehicles, used for carrying cash & bullions

AAAR hold that Input Tax Credit against the GST paid on the purchase, and fabrication of the motor vehicles, used for carrying cash and bullions, is available to Appellant.

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Pivotal Infrastructure guilty of profiteering; Pass ITC benefit to Customers: NAA

Smt. Honey Macker Vs M/s Pivotal Infrastructure Pvt Ltd. (National Anti-Profiteering Authority) Applicants, the Respondent and the other material placed on record and find that the Applicant No. 1 vide her complaint dated 03.08.2018 had alleged that the Respondent was not passing on the benefit of ITC to her in spite of the fact that […]

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EMAAR MGF guilty of profiteering of Rs. 19 crores: NAA

Sh. Puneet Bansal Vs Emaar MGF Land Ltd. (National Anti-Profiteering Authority) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the extent of 8.73% of the turnover during the period from July, 2017 to March, 2019 and hence the provisions of Section 171 of […]

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Last day to register for GST & Income Tax Course at 50% discount

Join Online Self-Learning GST and Income Tax Course at up to 50% discount extended till 30th June 2020 (Registration Closes on 30.06.2020 at 11.59 PM) Sharpen your skills while in Quarantine. As our country fights the Covid-19 and we are all in a lockdown, TaxGuru Edu aims at making your quarantine – a quality time. […]

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Goods Transport Agency – Taxation under GST Regime

Transportation of Goods by road and tax implications associated with it becomes an important area of discussion in today’s scenario since a major share of goods in India(around 60%) are moved from one place to another via roads. Goods Transport Agency is majorly involved in providing the service of transportation of goods from one place […]

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GST Oneview Template (All-in-one GST Reconciliation)

–> This is GST One View Template with 3 dimension reconciliation format. This template contains tables to capture GST data as per books, as per GSTR 3B, GSTR 1, GSTR 2A and other reconciliation reports are readily available. –> GST Electronic Credit ledger balance and GST ledger balances as per books can be tracked easily […]

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GST Invoice, Debit /Credit Note | Section 31-34 | CGST Act 2017

Simplified GST Series -Section 31-34/CGST ACT 2017/PART-16- Article covers Section 31- Tax Invoice under GST, Section 31 A- Facility of digital payment to recipient, Section 32- Prohibition of unauthorised collection of tax, Section 33- Amount of tax to be indicated in tax invoice and other documents  under GST and Section 34- Credit and debit notes […]

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CGST Act 2017 Updated Till 28th June 2020- Free E-Book

In this Article Author compiled  CGST Act 2017 with all notification / Acts issued and changes which occurred till Till 28th June 2020. Books contains all Section of CGST Act 2017 as Promulgated by President on 12.04.2017 updated with subsequent changes till 28th June 2020. Book is Updated by By Ghanshyam Upadhyay and Praveen Upadhyay […]

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GST liability on Stock at the time of Registration Cancellation

A registered person under GST may seek cancellation of the registration for numerous reasons including the closure of business or the turnover falling below the threshold limits. Now on the date of such cancellation, the concerned person may have goods in stocks as well as even capital goods.

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GST on Sale of Plot of Land With Basic Amenities- AAR Ruling

In an Application filed before AAR under GST, Gujarat by Shree Dipesh Anilkumar Naik Applicant is the owner of the land, who develops the land with an infrastructure such as Drainage line, Water line, Electricity line, Land levelling etc. as per the requirement of the approved Plan Passing Authority. Scope of Work 1. Forming land […]

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New Rate for Taxpayers paying GST under Composition Scheme

Rule 7 of the CGST Rate, 2017 is amended through Notification No. 50/2020-Central Tax dated 24th June, 2020 in respect rate of composite tax payers. This new rate is effective from 1st April,2020. Section Category of registered persons Rate of tax Remarks Sub-section (1) & (2) of Section 10 Manufacturers, other than manufacturers of such goods […]

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GTA Services & Consignment Note- AAR Ruling Analysis

Consignment note' has not been defined in the CGST Act or in the Notification either. In this context we take the help of Explanation to Rule 4B of Service Tax Rules, 1994 wherein the ''consignment note' has been defined as a document provided by a goods transport agency against the receipt of goods for the transport of goods by roadways in a goods carriage.

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GSTR-3B Return – e-filing – Due dates with Interest relief due to corona virus

Recently vide notification No.50/2020-Central Tax, dated 24.06.2020 has been issued. Interest payable on GST, relief has been provided, due to corona virus pandemic in the country. The table below is easy manner demonstrate for taxpayers: A – Taxpayer having aggregate turnover more than Rs.5 crores during preceding financial year S.No. Tax Period Actual due date […]

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Land development is Supply of Service- GST AAR Karnataka

Activity of Developing The Land Is A Supply of Service Under GST- An Advance Ruling From Karnataka Authority in the case of Maarq Spaces Private Limited vide Advance Ruling No. KAR ADRG 119/2019 dated 30.09.2019. Advance ruling is upheld by AAAR vide Order No. KAR/AAAR-19/2020-21 dated: 04/05/2020. It has come into knowledge that an application […]

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GST Transitional provisions – Comments on Writ Petitions

As you are aware that a number of writ petitions/PILs/appeals have been or are being filed in the various High Court(s) by taxpayers who were not able to carry forward or transition the accumulated CENVAT credit under the erstwhile regime to GST regime due to non-filing of TRAN- 1/ TRAN-2 within due date due to technical glitches or various other reasons.

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GST Due Date Extension & Relief Measures for taxpayers

Extension in GST Due Dates and Relief Measures for taxpayers under GST due to COVID-19 pandemic In response to outbreak of Covid-19 pandemic, the government has issued various notifications extending certain due dates under GST and granting relief to taxpayers in terms of waiver of interest cost on delayed payment of tax and late fees […]

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Unconstitutional levy of GST on sale of developed plots- Builders Vs. AAR

Big Controversy between Real Estate Industrialist and Authority of Advance Ruling to bring in the unconstitutional levy of GST on sale of developed plots Introduction: 1. The transaction in the nature of sale of land has been kept out of purview of GST, as these transaction are neither considered as supply of goods nor supply […]

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Analysis of Recent Amendment in 4 Sections of CGST Act 2017

Effect of Notification 49/2020-Central Tax dated 24th June, 2020- Central Government appoints 30th June, 2020 as the date on which the amendment in Section 2(114), Section 109(6), Section 168(2) and Section 172(1) of of CGST Act, 2017  i.e. Section 118, 125,129 and 130 of the Finance Act, 2020  shall come into force. These amendments were […]

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FAQs on GST Annual Return (GSTR 9) for FY 2018-19

The process of preparing and filing of annual return in GSTR 9 for FY 2018-19 under GST has started and there have been a number of doubts arising as to how to reconcile the output tax liability under various tables pertaining to the FY 2018-19, because the GSTR 3B filed for 2018-19 contains rectifications for […]

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GST Registration – A Detailed Analysis

In any tax system, registration is the most fundamental requirement for identification of tax payers ensuring tax compliance in the economy. Registration of any business entity under the GST Law implies obtaining a unique number from the concerned tax authorities for the purpose of collecting tax on behalf of the government and to avail Input […]

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Last 2 days to register for GST & Income Tax Course at 50% discount

Join Online Self-Learning GST and Income Tax Course at up to 50% discount extended till 30th June 2020 (Registration Closes on 30.06.2020 at 11.59 PM) Sharpen your skills while in Quarantine. As our country fights the Covid-19 and we are all in a lockdown, TaxGuru Edu aims at making your quarantine – a quality time. […]

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GST on composite works contract supply for construction service to prospective lessee

In re Nagpur Integrated Township Pvt. Ltd. (GST AAR Maharashtra) The Appellate Authority for Advance Ruling agree with the findings and order of the Advance ruling authority in as much as the impugned transaction entered into by the parties is not in nature of lease. The same is rather in the nature of  construction of […]

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Digital GST Ready Reckoner by Taxguru Edu

With the advent of newer technologies, learning has become increasingly digital. You can now choose the way you want to learn- as per your own convenience and flexibility. Our focus has always been to provide the best to our readers. And in order to do that we constantly keep upgrading ourselves technologically and otherwise. So […]

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GST on Services provided by Ordnance Factory Bhandara: AAAR

In re Ordnance Factory (GST AAAR Maharashtra) Question: 1) Being a part of the Ministry of Defence, Government of India, whether our organization Ordnance Factory Bhandara is liable to pay GST on the following supply of services: – a) Liquidated damages deducted from the payments to be made to suppliers in case of delayed delivery […]

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AAR cannot give ruling in absence of any specific description of products

In re Safset Agencies Pvt Ltd. (GST AAAR Maharashtra) The AAR has not given any ruling on collectibles/memorabilia and collectible books; the reason being given is that no specific details of such goods are given. In the grounds of appeal presented before the AAR, the appellant has described such goods as only ‘collectibles’ and ‘memorabilia […]

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NIL Form GSTR-1 filing via SMS from 1st week of July 2020

NIL statement in Form GSTR-1 can now be filled via SMS from the 1st week of July 2020 NIL statement in Form GSTR-1 can now be filled via SMS from the 1st week of July 2020.  Previously on 8th June, a similar facility for the Form GSTR-3B had been announced. This will benefit approx 12 […]

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Period to pass GST refund order extended

Seeks to amend notification no. 46/2020-Central Tax in order to further extend period to pass order under Section 54(7) of CGST Act till 31.08.2020 or in some cases upto fifteen days thereafter vide Notification No. 56/2020-Central Tax Dated 27th June, 2020. Section 54(7) of CGST Act provides that final order in GST refund shall be […]

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CBIC extends due date of specific compliances to 31.08.2020

Notification No. 55/2020- Central Tax, dated 27.06.2020– Notification under section 168A of CGST Act for extending due date of specific compliance which falls during the period from the 20th day of March, 2020 to the 30th day of August, 2020, to 31st day of August, 2020. Such Compliance Includes- (a) completion of any proceeding or […]

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Summary of Notifications by CBIC on 24th June 2020

SUMMARY OF NOTIFICATIONS BY CBIC ON 24th June 2020 i. Waiver / Reduced rate of interest for delayed in filing of GSTR-3B for various months – (Notification No. 51/2020 – Central Tax dated 24th June 2020) ii. Wavier of Late Fees for delay in filing of GSTR-3B for the returns from Feb 2020 till June 2020 […]

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Rate of tax for GST composition taxpayer wef 01.04.2020

Notification No. 50/2020 – Central Tax, dated 24.06.2020-simple text  Vide Notification No.50/2020-Central Tax, dated 24.06.2020, substitute new table in rule 7 of CGST Rules, 2017 has been done retrospectively from 01.04.2020. For the taxpayers, simple text is as under in easy manner: Rate of tax for the composition taxpayer is as under: S.No. Category of […]

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GST Insights- Further Relief Measures- COVID-19

GST Insights- Further Relief Measures- COVID-19 –Updated Compliance Chart for GSTR-3B and GSTR-1 -Reduction in Late fee in filing GSTR-3B -Change in calculation of Interest amount if filed after relief dates -Relief provided in filing GSTR-3B for May 2020 to August 2020 -Reduced rate of Interest @9% if GSTR-3B filed by Sept. 20 -One-time chance […]

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Reference form DCGI on Cross empowerment under GST

Issue raised in the reference is whether intelligence based enforcement actions initiated by the Central Tax officers against those taxpayers which are assigned to the State Tax administration gets covered under section 6(1) of the CGST Act and the corresponding provisions of the SGST/UTGST Acts

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Blanket late fee exemption unfair to taxpayer filing GST return before 24.06.2020

CBIC on Twitter on 26.06.2020 As part of COVID relief package announced in March 2020, a conditional waiver of late fee had been provided for all the taxpayers. Accordingly, for taxpayers having turnover more than Rs. 5 Cr., late fee waiver on GSTR 3B returns for the tax period February, March and April, 2020 was […]

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GST Composition Scheme for Small Tax payers | Section 10

Composition Scheme u/s.10 of CGST Act, 2017- Great Initiative for Small Tax payers under GST Act Composition Scheme {Section 10 of CGST Act, 2017} -Composition Scheme is a simple and easy scheme under GST for taxpayers. -Small taxpayers can get rid of tedious GST formalities and pay GST at a fixed rate of turnover. *Special […]

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GSTR 3B Feb 2020 to Jul 2020 Dates Quick Review

On 24th Central Board of Indirect Taxes and Customs has come up with 1) Notification No. 51/2020 – Central Tax 2) Notification No. 52/2020 – Central Tax 3) Circular No.141/11/2020-GST A quick summary is presented as follows: GSTR 3B Due Date and Interest Payable from Feb 2020 to Jul 2020 Class I Taxpayers having aggregate […]

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Wait ! Before Filing GST Return for FY 17-18 & 18-19 , it may land your client in trouble if You ignore Provision 16(4) – Time limit

After the announcement of Waiver of Late fee for Non-Filers from July 2017. Many assessees have got the opportunity to file their pending return from July 2017 without paying any Late fee or reduced late fee. Although It is looked as a Good Opportunity to file the old return and become a Compliant assessee from […]

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Relaxations in Filing of GSTR-1 and GSTR-3B

Relaxations in due date of Filing of GSTR-1 and GSTR-3B-Article also discusses Conditional Date for Waiver of Late Fee and interest payable beyond Waiver Date. Relaxation are based on following recent GST Notifications and Circulars- Waiver of late fee for delay in filing GSTR-1- March to June 2020 | Notification No. 53/2020-Central Tax/G.S.R. 406(E) Dated: […]

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A Detailed Analysis on Credit (Including Commercial/ Financial) & Debit Note under GST

♦ Meaning of Credit Note & Debit Note – Section 2(37) of CGST Act,unless the context otherwise requires, – “credit note” means a document issued by a registered person under Sub-Section (1) of Section 34; – Section 2(38) of CGST Act,unless the context otherwise requires, – “debit note” means a document issued by a registered person under […]

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Moving objections in 7 days to provisional attachment- Rule 159(5) is directory

The period of 7 days prescribed in rule 159(5) of the CGST Rules for moving the objections to the provisional attachment is merely directory and not mandatory.

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Calculation of Interest & Late Fees for delay in filing GSTR-3B

Manner of Calculation of Interest & Late Fees for delay in filing of GSTR-3B returns in view of spread of Novel Corona Virus (COVID-19) As we are all aware that the Government has come up with few Notifications on 24th June 2020, for extending the various due dates for filing GSTR -3B return and GSTR 1 […]

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Some Important Provisions related to Maintenance of  Accounts under GST

We all know the importance of the maintenance of the accounts under GST. The provisions related to the maintenance of the accounts are given in Section 35 of the CGST Act, 2017  and Chapter VII of the CGST Rules  2017. Here I want to throw some light on  some important provisions under GST  which in […]

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Summary of Various Reliefs provided to Taxpayers in GST

Summary of Various Reliefs provided to Taxpayers in GST Due to COVID-19 pandemic and challenges faced by taxpayers, Government has extended dates for GST filings. These are notified vide Notifications 51 to 54/2020 dated 24.06.2020. A Circular No. 141/1/2020-GST dated 24th June, 2020 has also been issued in this regard. 1. Late Fee Relief to […]

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Recent notification amending CGST Act vide Finance Act, 2020

Notification effect provisions in amendment of CGST Act vide Finance Act, 2020 (12 of 2020) – dated 27.03.2020-An simple overview Vide notification 49/2020 – Central Tax, dated 24.06.2020, some amendments which proposed vide Finance Act, 2020 (12 of 2020) have been effective from 30.06.2020. The simple overview is as under:  S.No. Reference section of Finance […]

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Updated extended GST Due Date Chart

Relief in late fee to Taxpayers filing Form GSTR-3B and Form GSTR-1 Due to COVID-19 pandemic and challenges faced by taxpayers, Government has extended dates for GST filings. These are notified vide Notifications 51 to 54/2020 dated 24.06.2020. A Circular No. 141/1/2020-GST dated 24th June, 2020 has also been issued in this regard. 1. Late […]

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GST Due Dates Extension 3.0 due to COVID-19

Introduction: 1. Since the lockdown has begun in India due to the Covid – 2019, there have been many relaxations given by the Government in all fronts for compliance. This is the third time that the Government has announced relaxation for making compliance under GST. The present note explains in detail various notifications issued on […]

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File application for Revocation of Cancellation latest by 30th September 2020

The Central Government, vide Order No. 01/2020-CT dated 25.06.2020, has provided an opportunity to the taxpayers whose registration was cancelled on or before 12th June 2020, to file an application for revocation of cancellation of registration till 30th September 2020. The relevant paragraph of the order is reproduced below: “2. For the removal of difficulties, […]

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GST on Director’s Remuneration: An agglomeration among allied laws

As per Section 9(1) of the CGST Act - GST shall be levied on the Intra state supplies of goods or services or both. It means GST could only be levied on those activities which constitute a “supply” under Section 7 of the said Act.

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New GST Return due dates

The CBIC vide its Notification No.49/2020 has given a clear guide with liberalised due dates for filing of GSTR 3B and GSTR 1  for the period from February 2020 to August 2020.  The extension is mainly with regard to the Dealers whose turnover for the previous year is Rs.5 Crores and Below. EXTENDED DUE DATES […]

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GST 3B Extended Due Date Auto Calculator – Identifier

In View of the current Covid 19 situation Govt. of India has further extended the GST due dates. On 24.06.2020 Govt. of India came up with Notification ranging from Notification No 49/2020 to 54/2020 and extended due dates for various assesses based on their Turnover and Principal place of business. As dates provided are bifurcated […]

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GST Interest & Late Fee Auto Calculator for Extended Due Dates due to Covid 19

GST Interest and Late Fee Auto Calculator for Extended Due Dates due to Covid 19 in Excel Format Due to Covid 19 pandemic in India, The Indian Government has extended the Due Dates of filing GSTR returns of various assesses for the months of February 20 to April 20. These dates are declared through Notifications 30/2020 to […]

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GST Covid Waivers Calendar

Article contains GSTR-3B Return Due Dates- When Aggregate Turnover in the Preceding FY More than Rs. 5.00 Crore, GSTR-3B Return Due Dates– When Aggregate Turnover in the Preceding FY Upto Rs.5.00 Crore, GSTR-1 Return Due Dates-All States for All Taxable Persons and Composition GST Return Due Dates as notified by CBIC on 24th June 2020 vide […]

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Fusible interlining cloth is not a woven fabric & falls under HSN 5903: AAAR

In re Sadguru Seva Paridhan Pvt. Ltd (GST AAR West Bangal) The product manufactured by the appellant is fusible interlining cloth. Before 1989, the item used to be classified under Chapters 52 to 55, as clarified under Circular No. 5/89 dated 15/06/1989. In the Union Budget of 1989-90, a new chapter note 2(c) was introduced […]

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Fortified Rice Kernels not classifiable as natural Rice: AAAR

In re JVS Foods Pvt. Ltd (GST AAAR Rajasthan) Fortified Rice Kernels (FRK) manufactured by the appellant do not have essential character of natural Rice and also does not merit classification under Chapter 10 in terms of Chapter Note 1 (A) of the said Chapter. It is appropriately classifiable under the sub-heading of Chapter 19 […]

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Builder denied ITC benefit Flat buyers- Guilty profiteering- NAA

Shri Kamal Nayan Singhania Vs Elegant Properties (National Anti-Profiteering Authority) In this case Respondent has profiteered by an amount of Rs. 1,42,369/- during the period of investigation. Therefore, this Authority under Rule 133 (3) (a) of the CGST Rules, 2017 orders that the Respondent shall reduce the prices to be realized from the buyers of […]

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NAA directs builder to pass on benefit of ITC to Flat Buyers

Amarjeet Singh Yadav Vs Radicon Infrastructure & Housing Private Limited (National Anti-Profiteering Authority) National Anti-Profiteering Authority hereby determines the profiteered amount as Rs. 40,92,054/- in terms of Rule 133 (1) of the CGST Rules, 2017 and directs the Respondent to pass on the benefit of Rs. 6,982/- [21,496 – 14,514] to the Applicant No. 1 […]

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Analysis of extension of due dates under Income Tax, GST & FTP

Extension of due dates under Income Tax, GST & FTP Recently Central Government has issued Income Tax Notification No. 35/2020 and Notification No. 48/2020-Central Tax to Notification No. 54/2020-Central Tax on 24th June 2020 which relates to extension of Due dates under GST, Law, Income Tax Law and other Laws. In Addition to that Government […]

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Important Dates for filing GSTR-3B & GSTR-1 for availing benefit of Interest & Late Fees

Important Dates for filing GSTR-3B and GSTR-1 for availing benefit of Interest & Late Fees considering recent GST Notifications, Circulars, Orders, Instruction issued by CBIC on 24th June 2020. 1. Full Waiver of Late Fees for filing FORM GSTR-1 vide Notification No. 53/2020 – CT dt 24.06.2020 Sr. No Class of Registered Person Forms Tax […]

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One time Opportunity for revocation of Cancellation of GST Registration

Taxpayer were unable to get their cancellation of registration revoked despite having fulfilled all the requirements for revocation of cancellation of registration; the said Act being a new Act, these taxpayers could not apply for revocation of cancellation within the specified time period of thirty days from the date of service of the cancellation order

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Last chance to register for GST & Income Tax Course at 50% discount

Join Online Self-Learning GST and Income Tax Course at up to 50% discount extended till 30th June 2020 (Registration Closes on 30.06.2020) Sharpen your skills while in Quarantine. As our country fights the Covid-19 and we are all in a lockdown, TaxGuru Edu aims at making your quarantine – a quality time. Through the self-learning […]

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Section 26-30- Deemed GST Registration, Amendment, Cancellation, Revocation, Suspension

Simplified GST Series-Part 15- Contains Analysis of Section 26 to 30 of Central Goods and Services Tax Act, 2017. Section details are as follows- Section 26 – Deemed Registration, Section 27- Special provisions relating to casual taxable person and non-resident taxable person, Section 28-Amendment of Registration, Section 29- Cancellation or Suspension of registration and Section […]

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Form GSTR 1 & GSTR 3B – Revised due dates for Compliance

Summary of GST Notification issued by CBIC on 24.06.2020 – Revised Compliance Date GSTR 1 And GSTR 3B CBIC has issued various notifications on 24/06/2020 to give effect to the recommendations of the 40th GST Council Meeting which are as follows: *Notification No. 49/2020 –Central Tax:* To bring into effect certain provisions of the Finance […]

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Analysis of Inverted Duty Refund Under GST & its Constitutional Validity

In case of inverted duty structure, by restricting the refund on capital goods and services, the government has enhanced the effective cost particularly in the hands of manufacturers.

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Interest & Late fees for GSTR-3B & GSTR-1- Feb to June 2020

Interest and Late fees Schedule for GSTR-3B & GSTR-1 from month February 2020 to June 2020 Know Interest and Late Fees applicable in case you Missed filing GSTR 3B & GSTR 1 by due dates Return Month Turnover Original Due date Extended due date Interest Late Fee GSTR 3B Feb- 2020 Less Than Rs 1.5 […]

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Compulsory GST Registration & Procedure | Section 24-25 | CGST Act 2017

Article explains Section 24 and Section 25 of CGST ACT 2017 related to Compulsory GST registration in certain cases and Procedure for GST registration.

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High Seas Sales under GST- Treatment, Controversy, Amendments, ITC Reversal

The term ‘high sea sales’ is used for those sales or supplies that are performed when the affected goods are still on the high seas and have not yet reached the destination port. It is a common trade practice whereby the original importer sells the goods to a third person before the goods are entered […]

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e-way bill data reveals encouraging trend about revival of our economy

On the GST side an analysis of e-way bill data reveals encouraging trend about revival of our economy. The value of supplies of goods, which had reduced to ahout 10% of Pre-lockdown period of March 2020 in Lockdown 1.0, has now reached more than 80% of pre-lockdown level during first Fortnight of June 2020.

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Summary of GST Notifications Published on 24th June 2020

CA Viral K. Chheda CBIC issued 10 Notification/Instructions on 24.06.2020 to give effect to amendments made by Finance Act, 2020, to substitute table annexed to Rule 7 related to GST Composition Dealers specifying GST Composition Scheme Tax Rates, to Notify Amendments related to interest to be payable as per section 50 of the CGST Act […]

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Whirlpool found guilty of profiteering by NAA

Kerala State Screening Committee on Anti Profiteering Vs Whirlpool of India Ltd. (NAA) NAA determines amount profiteered by Whirlpool  at Rs. 4,07,451/- and directed Whirlpool  to reduce the price of Refrigerator Whirlpool (HSN code 84182100) as per the provisions of Rule 133 (3) (a) of the CGST Rules, 2017, keeping in view the reduction in […]

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Person liable to be registered | section 22 | CGST ACT 2017 – GST series part 14

1. GST Registration is the most important step to run the network of Goods & Services Tax 2017. GST Registration is governed by Section 22 to 30 of the CGST Act, 2017, Rule 8 to 18, and Rule 25 to 26 of CGST Rules 2017. This article covers the provisions related to ‘Person liable to […]

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Synopsis of GST Notifications & Instruction dated 24.06.2020

Notification No. 49/2020 – Central Tax Dated 24th June 2020 Many provisions of the CGST Act has been amended in the Finance Bill 2020 and some of the same have been notified and the effective date is 30th Jun 2020. Section – 118 of Finance Act 2020:  This amendment eases the provision for claiming input […]

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Further Extensions in relation to GST Act on 24th June 2020

In view of the challenges faced by taxpayers in meeting the statutory and regulatory compliance requirements across sectors due to the outbreak of Novel Corona Virus (COVID-19), The government has again come up with Notifications on providing relief to the taxpayers :- The 1st CGST Notification : Notification No. 49/2020 – Central Tax dated 24th June 2020 […]

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Infirm Ruling of AAR Gujarat in Sterlite Technologies Limited

In re Sterlite Technologies Ltd (GST AAR Gujarat) Any ruling by the Authority for Advance Ruling is binding only (i) on the applicant who had sought it in respect of a matter, and (ii) on the concerned officer or jurisdictional officer of the applicant as provided in Section 103(1) of the CGST Act. However, it […]

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CBIC issues 9 GST Notification & one Instruction on 24.06.2020

CBIC has issued one GST Instruction, Two IGST Notifications, 6 CGST Notifications and one UTGST Notification on 24th June 2020. Notifications are for notifying relaxation in GST Interest Rate & Late Fees with respect to Form GSTR 3B, For notifying Waiver of Late Fees for GSTR 1, Notification of Due dates of GSTR 3B, Amendment […]

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GST Payment by Builders- Form DRC-03 for Shortfall from 80%

Payment of GST by real estate promoter/developer supplying construction of residential apartment etc, on the shortfall value of inward supplies from registered supplier at the end of the financial year

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CBIC reduces interest rate for tax periods from Feb to July 2020

CBIC lowered interest rate for tax periods from February, 2020 to July, 2020 for delayed filing of GSTR 3B vide Notification No. 05/2020 –Integrated Tax Dated 24th June, 2020. Ministry of Finance (Department Of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 05/2020 –Integrated Tax New Delhi, the 24th June, 2020 G.S.R. 410(E).—In […]

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Amendment to section 25 of IGST Act, 2017 notified wef 30.06.2020

CBIC notifies 30th day of June, 2020 as date of applicability of section 134 of Finance Act, 2020 vide which In section 25 of the Integrated Goods and Services Tax Act, 2017, in sub-section (1), in the proviso, for the words ‘three years’, the words ‘five years’ was substituted. Notification No. 04/2020 –Integrated Tax Dated- […]

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GST interest rate for tax periods from February 2020 to July 2020

CBIC lowered interest rate for tax periods from February, 2020 to July, 2020 for delayed filing of GSTR 3B vide Notification No. 02/2020 –Union Territory Tax Dated 24th June, 2020. Ministry of Finance (Department Of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 02/2020–Union Territory Tax New Delhi, the 24th June, 2020 G.S.R. […]

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GSTR-3B due date- August 2020- Annual turnover up to Rs. 5 crore

CBIC extends due date for furnishing FORM GSTR-3B for supply made in the month of August, 2020 for taxpayers with annual turnover up to Rs. 5 crore vide vide Notification No. 54/2020-Central Tax Dated 24th June, 2020. Ministry of Finance (Department Of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 54/2020-Central Tax New […]

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Waiver of late fee for delay in filing GSTR-1- March to June 2020

CBIC provides relief by waiver of late fee for delay in furnishing outward statement in FORM GSTR-1 for tax periods for months from March, 2020 to June, 2020 for monthly filers and for quarters from January, 2020 to June, 2020 for quarterly filers vide Notification No. 53/2020-Central Tax Dated 24th June, 2020. Ministry of Finance […]

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CBIC notifies one time amnesty for non furnishing of GSTR-3B

CBIC provide one time amnesty by lowering/waiving of late fees for non furnishing of FORM GSTR-3B from July, 2017 to January, 2020 and also seeks to provide relief by conditional waiver of late fee for delay in furnishing returns in FORM GSTR-3B for tax periods of February, 2020 to July, 2020 vide Notification No. 52/2020-Central […]

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Interest rate (Feb to July 2020) for delayed filing/payment of GSTR 3B

CBIC notifies lowered interest rate for a prescribed time for tax periods from February, 2020 to July, 2020 for delayed filing of GSTR 3B vide Notification No. 51/2020-Central Tax Dated 24th June, 2020. Ministry of Finance (Department Of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 51/2020-Central Tax New Delhi, the 24th June, […]

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CBIC amends GST Rates under GST Composition Scheme

CBIOC notifies  Central Goods and Services Tax (Seventh Amendment) Rules, 2020 and amended Rules 7 of the CGST Rules 2017  with a new entry for Composition tax payers who are providing services will be taxed at rate of 6% (CGST – 3% & SGST/UTGST – 3%) vide Notification No. 50/2020-Central Tax Dated 24th June, 2020. […]

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CBIC notifies 4 GST Amendment of Finance Act 2020 w.e.f. 30.06.2020

CBIC  brings into force Sections 118, 125, 129 & 130 of Finance Act, 2020 in order to bring amendment to Sections 2, 109, 168 & 172 of CGST Act w.e.f. 30.06.2020 vide Notification No. 49/2020-Central Tax Dated 24th June, 2020. Extract of Sections 118, 125, 129 & 130 of Finance Act, 2020 118. Amendment of […]

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RCM implications on Services provided by Directors – A Circular with hidden challenges

Section 9(1) of the CGST Act,2017 is the basic provision which provides for levy of GST on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption. The question of payment of GST under reverse charge would arise only when the said transaction qualifies to be […]

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Litigation Aspect of Sale of Developed Plot of Land

GST IMPLICATION ON SALE OF DEVELOPED PLOT OF LAND We are of the view that Sale of Developed Land is not leviable to GST. However, we always suggest an alternative tax efficient model for such transactions to keep it free from unnecessary litigation. Serial Number 5 to Schedule III of the CGST Act: “5. Sale […]

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GST Implication on Merchant Trade Transactions & AAR Ruling

AAR clarified that GST is not payable on goods procured from vendor located outside India, where the goods purchased are not brought into India. AAR held that IGST will be payable on goods sold to an overseas customer shipped directly from an overseas vendor, while the location of supplier continues to be in India.

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Reverse Charge Mechanism in Goods and Services Tax

◊ BACKGROUND OF REVERSE CHARGE MECHANISM ♦ Reverse Charge Mechanism was first introduced in Service Tax Law. ♦ Now, the Government has incorporated RCM in GST. ♦ Government has notified not only supply of certain services but also supply of certain goods under RCM. ◊ OBJECTIVE OF REVERSE CHARGE MECHANISM ♦ Safeguard the interest of […]

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Wrongful Availment of ITC – Anticipatory Bail granted on bond of Rs.10 lacs

The issue under consideration is that the petitioner filed writ petition for seeking grant of anticipatory bail, whether HC allow him the grant or not?

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HC Denies Reliefs against Detention order under GST Law

High Court denied the grant of reliefs to the petitioner against the detention order passed under Uttar Pradesh Goods and Services Tax Act, 2017.

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Person Liable & Not Liable for GST Registration | Section 22-23 | CGST Act 2017

Article Simplifies Provisions of Section 22 and Section 23 of CGST Act 2017 which deals prescribes Persons liable for GST registration  and Persons not liable for registration. Section 22 – Persons liable for GST registration – (1) Every supplier shall be liable to be registered under this Act in the State or Union territory, other […]

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GST on Pure services (supply of manpower, security service) to Govt.

In re A.B. Enterprise (GST AAR Gujarat) Whether the applicant is  eligible to claim exemption benefit under Sr.No.3 of Notification No.12/2017-Central Tax (Rate) dated 28.06.2017 for Pure services (supply of manpower, security service) provided to Central Government, State Government, Local Authorities, Governmental Authorities? Applicant is eligible to claim exemption benefit under Sr.No.3 of Notification No.12/2017-Central […]

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GST on parts used for Converting Vehicle From Petrol to Gas

In re Shree Mohit Rameshpal Gupta (Ramesh Corporation) (GST AAR Gujarat) Applicant Are Engaged In The Business Of Manufacturing Different Types Of Model Fuel Conversion Electronic Parts Mainly Used For Converting Vehicle From Petrol To Gas (CNG/LPG) And Vice-Versa. They Have Submitted The Details Of The Parts Manufactured By Them Along With Their Use I.E. […]

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GST on laying of Optical Fiber Cable for connecting Gram Panchayats

Applicant is involved in the laying of trenches and laying optical fiber cables (goods) through which they are providing/supplying internet connectivity to the gram panchayats. However, it cannot be construed that the optical fiber cables laid underground are meant predominantly for use other than for commerce, industry, or any other business or profession as stated by the applicant.

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GST on LPG Gas sold in Bottle to Commercial/Domestic Customer

In re Navbharat LPG Bottling Company (GST AAR Gujarat) a. Determination of the liability to pay GST on sales of LPG Gas sold in Bottle to Commercial Customer and LPG Gas sold in Bottle to Domestic Customer. The applicant would be liable to pay 18% GST (9% SGST + 9% CGST) on the LPG sold […]

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Reduced GST rate on Houses with carpet area not more than 60 square metres

In re Amba Township Pvt. Ltd. (GST AAR Gujarat) Whether, under given facts and circumstances, is benefit of reduced rate as provided under Entry Number 3(v)(da) of the Notification No. 11/2017-Central Tax (Rate) as amended by Notification No.01/2018-Central Tax (Rate) dated 25.01.2018, available to the applicant for houses constructed with a carpet area of 60 […]

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No GST exemption on transport of goods from mother to daughter vessel

In re Shreeji Shipping (GST AAR Gujarat) Whether the service of transportation of goods from Magdalla Port, Surat to its General Lighterage Area of Magdalla Port (From where the Mother Vessel are anchored) or vice versa, is covered under exemption contained at Sr. No. 18 of Notification No. 12/2017-Central Tax (Rate)? Whether the service of […]

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Promotional Schemes Post Covid 19 – A GST Perspective

Under GST, the valuation of supply is done in terms of Section 15 of the CGST Act, 2017. It provides for certain exclusions such as, subsidy and discount, for the purposes of determination of taxable value. However, the exclusion of discount value comes with certain qualifications, which are read as follows:

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Goods purchased outside India and supplied outside India

A company dealing in software does development of software and got the order from Thailand for development of software and along with Hardware . a company did development of software and exported to Thailand. But hardware were brought form Hongkong and it has not crossed the territory  of India and directly supplied to Thailand on […]

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Economy and GST in Covid Times

The Covid -19 Pandemic is still on and has moved India up in top five nations to suffer from this virus in terms of people affected. Covid-19 has also and is continuing to adversely affect our lives and economy as well making it difficult for one and all to survive and cope up with its […]

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Delhi HC allows rectification of Form GSTR-3B

HC permits the Petitioner to rectify Form GSTR-3B for the period to which the error relates, i.e. the relevant period from July, 2017 to September, 2017. We also direct the Respondents that on filing of the rectified Form GSTR-3B, they shall, within a period of two weeks, verify the claim made therein and give effect to the same once verified.

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Credit of CVD & SAD paid post 01.07.2017 under Advance Authorisation Scheme-Importers left remediless

Credit of CVD & SAD paid post 01.07.2017 under Advance Authorisation Scheme-Importers left remediless Importers under the Advance Authorization Schemes which commenced before the implementation of GST and concluded post the implementation of GST face an unique transition issue. Upon payment of duties along with interest at the time of closure of license post 01.07.2017, […]

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Inclusion of Interest in Turnover for GST Registration- Gujarat AAR Ruling not in line with Spirit of Legislation

Gujarat AAR Ruling in the case of Shree Sawai Manoharlal Rathi (GST AAR Gujarat) on Inclusion of Interest in Turnover for GST Registration is not in line with Spirit of Legislation. Historic Tax Regime i.e. Goods and Service Tax opens the umbrella of litigation for the professionals as well as brings the ray of hope […]

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Tax on Instagrammers, Twitterati and Youtubers

Social media influencers are everywhere. We were approached by a few Instagram influencers and Youtubers about their income tax compliances. We decided to write a post to make it easier to understand the tax liability on your income. This post deals with the income tax liability. We’ll get into the GST liability in a separate […]

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33 Mistakes which you should not do in your GST work

Some common mistakes being done by us Today we are discussing some of the common mistakes in our business, which we are occurring knowingly or unknowingly. These small mistakes which are being done by us may lead to late- fees, penalty and any other action by Government department. These mistakes are very simple mistakes which […]

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Meaning & Types of Tax

Meaning of TAX: Tax is a compulsory payment to be made by every resident of India. It is a charge or burden laid upon persons or the property for the support of a Government. Government decided the rates and the items on which tax will be charged, like income tax, GST, etc Tax can be defined […]

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Section 19-21 CGST Act 2017 -Simplified GST Series

Section 19 to Section 21 CGST ACT 2017 –Simplified GST Series -Part-12 Section 19– Taking input tax credit in respect of inputs and capital goods sent for job work-Simplified (1) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on inputs sent to a job worker […]

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GST: Some Suggestions to Taxpayers & Professionals

I have been part of Indian indirect tax system for the past 45 years in different capacities – execution, implementation, enforcement, administration, dispute resolution and finally consultation. The law before the introduction of GST was not considered simple and after introduction of GST it is anything but simple despite our Prime Minister calling it good […]

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SC Judge took One Full Day to file his own ITR- shows Sarcasm & Concern

The Government is committed to Simplification of Laws so that there are minimal disputes in understanding & complying the provisions by the common man. GST had been introduced to consolidate & simplify the Indirect Taxes System. Income Tax has also been purportedly made simple and new Income Tax Returns & Form 26 AS have been […]

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NO ITC on project development services for immovable property construction

The Input Tax Credit shall be NOT be available under the CGST Act, 2017, on the project development services like Programme management consultancy, Marketing Consultancy, Land levelling and other related works, Roads, Water, Electricity, & Drainage Infrastructure and other related works for development of SIPC i.e. construction of an immovable property

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BOPP Laminated PP Woven Sacks falls under HS code 3923; Attracts 18% GST

The product  BOPP (Biaxially Oriented Polypropylene Laminated PP Woven Sacks Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags laminated with BOPP would be classified as plastic bags under HS code 3923 and would attract 18% GST.

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Employee Deputation and Cost sharing under GST

The true nature of rendering of services by an individual to another person shall determine his relationship with that person.  If the person is under the control and supervision of such person and the contract is that of service and not for service, the relation per se shall be that of employer and employee and any remuneration paid to or for such services shall not be exigible to GST.  However, where the engagement of services of an individual is through another person, then such contract shall be that of provision of services and shall be exigible to GST.

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Hire-purchase and GST ACT

For GST purposes it is necessary to classify correctly agreement involving hire, lease, or bailment of goods. Classification of an agreement as a hire purchase agreement, an agreement to hire or as being outside those ambits, affects the GST treatment of the agreement and consequently the GST liability.

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Input Service Distributor (ISD) | Section 20 & 21 | CGST Act 2017 | GST Series Part 13

1. The concept of Input Service Distributor (ISD) has its roots in the service tax regime. The Head office of an organization obtains services that are common for all the company’s units located across the country. The supplier of such services issues an invoice in the name of the company’s head office. These services are […]

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Taxability on Director’s Remuneration under Goods & Service Tax

The issue of taxability on director’s remuneration always remain in controversy under the Service Tax as well as Goods and Service Tax Regime. Pointless to say that controversy always arises due to ambiguity in provision and lack of proper clarification.

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GST on Popcorn manufactured by heating of raw corn/maize grains

In re Jay Jalaram Enterprises (GST AAR Gujarat) The product namely ‘[J.J.’s] POP CORN’, manufactured from raw corn/maize grains, which, by heating turn into puffed corns/popcorns and then to make it palatable other ingredients like salt and turmeric powder along with oil are added to it fits the description as ‘Prepared foods obtained by the […]

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GST on Pouch Filling Machine used in milk dairy

In re Magnam Netlink Private Limited (GST AAR Gujarat) Agricultural Produce shall not include further processed produce other than such processing is done by a cultivator or producer which does not alter its essential characteristics. Therefore the milk on which processes have been carried out by other than a cultivator or a producer shall not […]

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GST applicable on sale of developed plots with amenities

We find that the activity of the sale of developed plots would be covered under the clause 'construction of a complex intended for sale to a buyer'. Thus, the said activity is covered under 'construction services' and GST is payable on the sale of developed plots in terms of CGST Act / Rules and relevant Notification issued time to time.

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GST on Quarrying lease/license agreement for ‘BLACKTRAP’ material with State Govt

In re Raj Quarry Works (GST AAR Gujarat) The Applicant has entered into Quarrying lease/license agreement for ‘BLACKTRAP’ material with the Government of Gujarat. Following are the Questions Raised by Applicant and Replied by AAR- (i) What is the classification of service provided in accordance with Notification 11/2017-CT (Rate) dated 28.06.2017 read with annexure attached […]

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GST registration applicable to Medical Store run by Charitable Trust

In re Nagri Eye Research Foundation (GST AAR Gujarat) Whether applicant is required to be register Medical Store run by Charitable Trust and whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the […]

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Supply under Automatic Fare Collection project qualifies as ‘composite supply’

In re NEC Technologies India Pvt. Ltd (GST AAR Gujarat) Question 1: Whether the supply made by the applicant under the Automatic Fare Collection (AFC) project would qualify as: (a) ‘works contract’ defined under section 2(119) of the CGST Act, 2017; or (b) ‘composite supply’ defined under section 2(30) of the CGST Act, 2017? Answer: The supply […]

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Rice Bran (22+oil) falls under HSN 38259000; Attracts 18% GST