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Showing posts from July, 2020

Intermediary cannot be considered as exporter of services; Section 8(1), 13(8)(b) r.w.s. 2(13) of IGST Act 2017 are constitutional: HC

. Conjoint reading of Section 2(6) and 2(13), which defines export of service and intermediary service respectively, then the person who is intermediary cannot be considered as exporter of services because he is only a broker who arranges and facilitate the supply of goods or services or both.

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ITC reversal for GST payable under RCM

Section 17(3) of the CGST Act requires reversal of input tax credit where input and input service is used for making exempt supplies. As per section 17(3) of CGST Act, the value of exempt supply shall include Supply where GST is payable on reverse charge basis – The supplier need to reverse input tax credit as he is not liable to pay tax on outward supplies and Tax is payable by the recipient of such supplies.

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Advance Ruling | Section 95 to 99 | CGST ACT 2017

Simplified GST Series –Chapter -18-Advance Ruling /Section 95-99/CGST ACT 2017 Part I In part I of the Article author explains provisos of CGST ACT 2017 related to Section 95-Definitions  related to Advance Ruling, Section 96-Authority for advance ruling, Section 97- Application for advance ruling, Section 98- Procedure on receipt of application and Section 99- Appellate […]

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Landmark Judgement by Gujarat HC on refunds on account of inverted duty structure under GST

Gujarat High Court declared Rule 89(5) of CGST Rules ultra vires the provisions of Section 54(3) of CGST Act, which denies the refund of 'unutilised input tax' paid on 'input services' as part of 'input tax credit' accumulated on account of inverted duty structure.

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GST E-Invoicing – Enhancement of Aggregate Turnover

GST E-Invoicing – Enhancement of aggregate turnover for applicability of E-Invoicing   CBIC has issued Notification No 60/2020 – Central Tax and Notification No 61/2020 – Central Tax Dated 30th July, 2020 enhancing threshold for preparing E-Invoice to Rs 500 Crores. Earlier the said limit for preparing E-Invoice was Rs 100 Crores. The provisions shall […]

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Furniture supply with installation service cannot be construed as Works Contract

The taxpayer had charged GST at the rate of 18% on the supply and installation of furniture in the government department. However, the government department contention is that GST at the rate of 12% should be charged construing it as Work Contract Service

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E-Invoice under GST for turnover above 500 crore, SEZ excluded

e-invoice under GST is applicable for assessee’s having turnover above 500 crore with effect from October 1, 2020 and SEZ units are excluded from e-invoicing. Notification No. 61/2020–Central Tax Dated:  30th July, 2020. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 61/2020–Central Tax Dated:  30th July, […]

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CBIC notifies revised Format/Schema for e-Invoice under GST

CBIC notifies vide Notification No. 60/2020–Central Tax Dated:  30th July, 2020 revised Format/Schema for e-Invoice under GST by replacing existing FORM GST INV-01 with new FORM GST INV-1. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 60/2020–Central Tax Dated:  30th July, 2020 G.S.R. 480(E).—In exercise of […]

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Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC

High Court held that by prescribing the formula in Sub-rule 5 of Rule 89 of the CGGST Rules,2017 to exclude refund of tax paid on 'input service' as part of the refund of unutilised input tax credit is contrary to the provisions of Sub-section 3 of Section 54 of the CGST Act,2017 which provides for claim of refund of 'any unutilised input tax credit'.

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Meaning of ‘Turnover/Gross receipts’ under Income Tax & Inclusion of GST

♦ Section 145A of Income Tax Act, 1956 ‘145A. Method of accounting in certain cases.—Notwithstanding anything to the contrary contained in section 145, the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “Profits and gains of business or profession” shall be— (a) in accordance […]

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Reversal of ITC in case of fire at factory under GST Regime

Since the asset has been destroyed before 5 years from the date of purchase, one needs to reverse the input tax credit available to us and claim the input only for the period for which the asset was in use.

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E-Invoicing under GST regime

Currently, businesses generate invoices through various softwares and the details of these invoices are manually uploaded in the GSTR-1 return. The invoice information is thereafter reflected in GSTR-2A for the recipients for viewing only. On the other hand, the consignor or transporters generate e-way bill again by importing the invoices in excel or JSON manually. Considering the […]

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HC allows Samsonite to pay profiteered amount in 6 monthly instalments

In this case although learned counsel for respondent-Authority objects to the grant of instalments to the petitioner Samsonite South Asia Pvt. Ltd. , yet this Court keeping in view the COVID-19 pandemic situation, directs the petitioner to deposit the principal profiteered amount i.e. Rs.21,81,20,748/-  in six equated monthly instalments.

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HC Grant Bail to person allegedly involved in issuing fake GST invoices

Gaurav Maheshwari Vs State of Rajasthan (Rajasthan High Court) High Court has decided to grant the bail to the petitioner who is allegedly guilty of creating bogus firms/companies solely for the purpose of fraudulently creating and issuing GST invoices without any sale/purchase and actual movement of goods. Further, the prevailing circumstances of complete lock-down amidst […]

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HC allows Patanjali to deposit profiteered amount in 6 installments

Due to COVID-19 pandemic high court approves that Patanjali can deposits the amount of penalty in question in the consumer welfare fund in six monthly installments.

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Drop penal action on GST notices for 2017-18 & 2019-20

Request for extension of time for filing Amnesty 2020 Application under various Act and request to drop penal action on notices issued under GST Act and Rules for the year 2017- 18 and 2019-20 and stop fresh notice up to 31-12-2020. Association of Tax Practitioners State Committee, Reg. No: ER.38/87 Devi Nivas, Varghese Thittel Road, […]

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Advance Ruling| Aggregate Turnover & Supplier Location | Definition 2(6) & 2(71)| CGST Act 2017

Overview- Aggregate Turnover As per 2(6) ‘aggregate turnover’ means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to […]

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Brink of Process – Manufacture or Job work under GST?

In current business scenarios it is not possible for manufacturing industry to carry out all the processes within its own premises. In such a condition manufacturing unit will have to get work done from others. Job work industries constitute a significant sector in Indian Economy. Most of the manufacturing entities operated in different sectors outsource […]

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Intermediary Services vs Export of Services– A misery always

Services provided to foreign clients by commission agents in India has always been a bone of contention between the Government and the tax payers. Such services are always looked upon in the eyes of suspicion by the Government. Even during the service tax regime such services were marked with litigations though most of the judgements […]

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Analysis of Section 85 to 94 | GST Liability | CGST ACT 2017

Simplified GST Series- Section 85-94/CGST ACT 2017– Article analyses Section 85- Liability in case of Transfer of Business, Section 86- Liability of Agent and Principal, Section 87- Liability in case of amalgamation or merger of companies, Section 88- Liability in case of company in liquidation, Section 89- Liability of directors of private company, Section 90-  […]

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ITC of GST on Premium paid to DICGC by Banks

AAR held that Bank can avail ITC on fifty percent of GST paid on DICGC premium, as it is statutorily required for the bank to obtain insurance of deposit, which has only been accepted by it in the course of its business or furtherance of business. Claim is allowable under Section 17(4) of CGST Act, 2017.

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E-commerce under GST regime

E-Commerce under gst regime As the Commerce of Goods and Services moves Online with a Fast Pace in a COVID-19 World it is intriguing how the new indirect tax regime would be able to deal with these transactions. The Aim is not only to capture and tax these transactions easily and fairly but to also […]

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GST: Society self-Redevelopment V/s Society redeveloped through Builders

1. Society self-Redevelopment GST Registration Yes, GST registration in case construction services is compulsory. As society going to sell flats to outsiders as well and that would be more than Rs. 20 Lakhs. GST Rate GST rate will be 1% if its cover under affordable housing scheme or else 5% GST rate will be applicable. […]

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Levy of GST on Alcohol Based Sanitizers

In India, hand sanitizers are manufactured in the form of liquid, gel or foam and its demand has shot up during recent times. Many Sugar Mills and distilleries are also engaged in manufacturing/supplying alcohol-based hand sanitizers. In India many liquor manufacturing companies and distilleries have commenced manufacturing of sanitizers amid huge demand post Covid-2019. The […]

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GST-RCM (Reverse Chage Mechanism) updated comprehensive list

IN GST regime, under RCM (Reverse charge mechanism), for supply of following services as in the table below has been notified, the GST payment of which is on the recipient of services, instead of supplier of service. For ease of understanding, updated comprehensive list is appended with notifications for amendment/insertion:- S.No. Category of Supply of […]

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जीएसटी की वार्षिक रिटर्न में देना होगा बहुत कुछ

जीएसटी में दो प्रकार के डीलर होते है एक रेगुलर और दूसरे कम्पोज़िशन ! कम्पोज़िशन डीलर को वर्ष में 5 रिटर्न्स भरनी होती है ! चार तिमाही और एक वार्षिक ! वित्तीय वर्ष 2019 -2020  की वार्षिक रिटर्न फॉर्म को बदल दिया था! और फॉर्म तैयार न होने पर विभाग द्वारा इसकी अंतिम तिथि को […]

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DGGI books 3 firms for Tax evasion of more than Rs 600 Crore

A case was booked against M/s. Fortune Graphics Limited, M/s. Reema Polychem Pvt. Ltd. & M/s. Ganpati Enterprises, who were found involved in issuance of invoices without any actual supply of goods.

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Centre Released Rs. 1,65,302 Crore as GST Compensation

Central Government has recently released GST Compensation of Rs. 13,806 crore to States for March’2020. Taking this amount into account, entire compensation upto 2019-20 has been released to States. The total amount of compensation released for the year 2019-20 is Rs. 1,65,302 crore whereas the amount of cess collected during the year 2019-20 was Rs. 95,444 crore.

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Mahindra Lifespace denies ITC benefit to customers: NAA

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 the flats of the above Project commensurate with the benefit of ITC received by him has been detailed above.

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Validity of Inclusion of Export Supply & Certain Other Supplies in Inter-State Supply

Goods and services tax (GST) collected, by the Union Government in any State, on any supply of goods or services or both, does not become part of Consolidated Fund of India. Goods and services tax, collected in a State by the Union Government under the law made by the Parliament in exercise of its powers […]

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Empanelment & Guidelines for empanelment of Advocates to defend NAA

Empanelment of Advocates / Law Firms for representing the National Anti-profiteering Authority and Director General of Anti-Profiteering before various Courts and Tribunals.

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Tax Invoice under GST | Section 31 | CGST Act 2017 | GST Series Part 21

1. The tax invoiceis a standard format required under the GSTsystem. Sec 31 of the CGST Act 2017 mandates the issuance of an invoice or a bill of supply for every supply of Goods or Services. 2. Tax Invoice in respect of Goods: Section 31(1) A registered person supplying taxable goods shall issue a tax invoice. […]

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Subway Franchisee denied tax reduction benefit to customers: NAA

Director General of Anti-Profiteering Vs M/s Gaurav Sharma Food Industries (National Anti-Profiteering Authority) 1. The present Report dated 31.12.2019 has been furnished by the Director General of Anti-Profiteering (DGAP), under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017. The brief facts of the case are that a reference was received […]

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A Tale of Much Ado About Nothing – Levy of GST on Real Estate

PREAMBLE That is the impressively fancy title of a comedy by William Shakespeare. The intended message, as claimed, is that deceit is not inherently evil, but something that can be used as a means to good or bad ends. There are many examples of deception and self-deception. Leaving it open to be deciphered by anyone who is […]

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Section 78-79 | Recovery of tax | CGST Act 2017

Simplified GST Series –Section 78-79 /Recovery of tax /CGST ACT 2017 Section 78-Initiation of recovery proceedings Any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery […]

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Bonded Manufacturing Facility – A relief to businesses!!!!

Bonded Manufacturing Scheme In the current situation of COVID 19 pandemic which have a major impact on all aspects of daily life and undeniably also on businesses. Business leaders now face immediate challenges, including managing their cash flow. Any relief from the government during this pandemic which results in providing a better cash flow management […]

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GST on E-Commerce Operators

Goods are Services Tax [GST] has been imposed on ‘supply of goods or services’ It is immaterial as to under what mode of communication the supply contract is negotiated. Tax remains the same even when contract is negotiated orally, in writing or through e-communication. Thus, on a fundamental level, GST on e-commerce operator remains similar […]

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Advance Ruling | Reverse Charge Mechanism | Section 9(3) | CGST Act 2017

Whether the applicant/importer is again required to pay IGST on the component of ocean freight under RCM mechanism on deemed amount which will amount double taxation of IGST on the deemed component of ocean freight of the imported goods?

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Order passed by ignoring Material Contention of Petitioner is Unsustainable

The issue under consideration is whether without considering the reply submitted by the petitioner, the respondent has passed the order is justified in law?

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Register for GST & Income Tax Course at 50% discount

Join Online Self-Learning GST and Income Tax Course at up to 50% discount Through the self-learning courses, we hope to give you a space that will provide a sense of normalcy to your day. Transform by empowering yourself with latest Self-learning Certification Course on GST and Income Tax. We will follow a blended learning approach for this […]

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Sale of Timbers: Does ‘Karnataka Timber Depot’ Works as Agent of Coffee Garden Owners?

DOES ‘THE KARNATAKA TIMBER DEPOT’ WORKS AS AGENT OF COFFEE GARDEN OWNERS- FOR THE PURPOSE OF SALE OF TIMBERS? -A question arise from the orders of the AAR & AAAR.  One advance ruling was pronounced by Hon’ble Advance Ruling Authority, Karnataka vide order No. KAR ADRG 99/2019 dated 27/09/2019 in the case of Tata Coffee […]

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Delay in getting GST Registrations during Lockdown – Analysis of Legal Provisions

GST was introduced to ease compliance burden and promote ease of doing business. Many processes like registration, return filling, notices, etc were made online to fulfil this purpose. Also, strict timelines were fixed on tax officers for completing various processes and tasks. This was a welcome change in Indirect tax system of our country and […]

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Education Services Under GST

The Definition of Education as given by the Supreme Court in the Loka Shikshana Trust v/s CIT Case , is   that ‘education is process of training and developing knowledge, skill and character of students by normal schooling.’ Though not explicitly defined under GST Act, ‘Education’ has been classified in the heading of 9992 of Service […]

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Advance Ruling | Composite & Mixed Supply | Section 8 | CGST Act 2017

COMPOSITE SUPPLY Composite supply means a supply made by a taxable person to a recipient -consisting of two or more taxable supplies of goods or services or both, or any combination thereof, -which are naturally bundled -and supplied in conjunction with each other -in the ordinary course of business, one of which is a principal supply. Principal […]

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Refer issue of granting time to file Transitional credit claim to GST council

Dhamtari Krishi Kendra Vs Union of India (Chhattisgarh High Court) The Chhattisgarh High Court has asked the local GST Commissioner to refer the matter of granting more time to file claim for transitional credit to those assessees who could not do it in time due to technical glitches to the GST Council. Under the GST […]

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Government dumps new system of filing GST returns

Government to continue with the existing and improved GST Return System, dumps new system of filing returns The government plans to improve existing GST return filing system instead of rolling out a new GST Return filing model. The new GST return filing system was supposed to be launched on 1st 2020. Information is shared by […]

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Reversal of ITC related to Fabric accumulated due to inverted duty structure

Reversal of ITC related to Fabric accumulated due to inverted duty structure According to natural law of justice if you are paying something you must get something in return or benefits out of it. In GST law, if a registered person paying for something to a registered person he must get the benefit of input […]

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Analysis of Section 75,76 & 77 of CGST Act 2017

Simplified GST SERIES –Section 75-77 /CGST ACT 2017- Article explains Section 75- General provisions relating to determination of tax, Section 76 – Tax collected but not paid to the Government and  Section 77- Tax wrongfully collected and paid to Central or State Government . Section 75- General provisions relating to determination of tax- (1) Where […]

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Upcoming changes in GST return filing & GST online portal

Upcoming changes in GST return filing & GST online portal GST has been the chest of confusion since its inception. With every new amendment & notification, Traders, Manufacturers etc. rides a roller coaster ride. This lockdown imposed by the government brought some stability & relaxations in this ride. This has given some time to the […]

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Mistake of two digits of vehicle no. in invoice & E-way bill is typographic error

As per the facts in hand it appears that the mistake of two digits while entering vehicle no in invoice and E-way bill is a typographic error and may be treated as a minor one.

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E-way bill- Shifting of Goods by other vehicle due to breakdown- Penalty despite vehicle no. updation unsustainable

Integrated Constructive Solutions Vs Vs ACST&E-cum-Proper Officer (GST Appellate Authority, Himachal Pradesh) It appears that there is no dispute regarding quantity of goods and further all concerns documents were placed before the proper officer. It is a fact that the E-way Bill for the material in question was generated at 05:52 pm on 1-11-2018 and […]

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Penalty imposed ignoring updated e-way bill is unsustainable

On Dutt S/o Shri Bal Krishan Vs ACST&E-cum-Proper Officer (GST Appellate Authority, Himachal Pradesh) It appears that there is no dispute regarding quantity of goods and further all concerns documents were placed before the proper officer. It is a fact that The E Way bill for the goods in question was generated at 09:43 pm […]

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Taxability of Back to Back Contracts in GST

Back-to-back contracts are not current phenomena but an old trend which was also in the picture and a matter of discussion from VAT & Service Tax Era where there was huge debate and subsequently resulted in various litigation before Entry No. 29 (h) of Mega Exemption Notification No. 25/2012 dated 20.06.2012 provided exemption to sub-contractor […]

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Interest to be considered in Aggregate Turnover under GST?

Interest to be considered in Aggregate Turnover or not? I think this could be a question of many and many of us might have taken a simple stand GST is not applicable on Interest received on Fixed Deposits, Interest on PPF, or Interest on Savings Banks therefore let’s not consider it while calculating aggregate turnover […]

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Reverse Charge Mechanism on Goods & Services under GST

Generally, the supplier of goods or services is liable to pay GST. However, in specified cases like imports and other notified supplies, the liability may be cast on the recipient under the reverse charge mechanism. Reverse Charge means liability to pay the tax is on the person receiving goods/services instead of the person supplying the […]

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OIDAR Services Under GST Regime

What is OIDAR? Online Information Database Access and Retrieval services (hereinafter referred to as OIDAR) is a category of services provided through the medium of internet and received by the recipient online without having any physical interface with the supplier of such services. E.g. downloading of an e-book online for a payment would amount to […]

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5 Upcoming Changes on GST Portal- You Must Know

1. Changes Related to GSTR-3B: – 1. Linking GSTR-1 with GSTR-3B (for the flow of liability).PDF Mail of filed GSTR-3B. 2. Linking GSTR-2A/2B & Ice-gate data with GSTR-3B for better ITC Availment. 2. Changes Related to GSTR-1: – 1. De-Linking of GSTR-1 invoices for Credit/ Debit notes. So now we can enter the details of […]

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Challenges in Revocation of Cancellation of GST Registration

CBIC through Removal of Difficulty Order No. 01/2020-Central Tax dated 25.06.2020 seeks to extend the time limit for filing an application for revocation of cancellation of registration for specified taxpayers. However, GSTN hasn’t started the process on the common portal. Recently, GST Update on the common portal that says 1. In case your application for […]

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Bonded Manufacturing- a new opportunity to manufacturers

Aatma Nirbhara Bharat is recent mission of the Central Government to promote manufacture in India. This is to ensure that India will be self-reliant and generate employment. Under the Invest India Scheme, the Central Government has introduced a facility called Bonded Manufacturing. Bonded manufacturing allows the manufacturer to import the raw materials and capital goods […]

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Presence of advocate during GST search proceedings

There is no provision in CGST Act 2017 indicating that GST search proceedings have to be carried out in presence of an Advocate and, thus, assessee's request for same could not be allowed.

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Credit Note Vs Discount | Section 15(3) | CGST Act 2017

My questions for examination in this article are 1. Whether credit note issued for reducing price towards goods supplied shall be treated as discount given or just reduce the price without treating it as discount given; 2. Whether the supplier can reduce tax liability on credit note issued for reducing price when there is no […]

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No provision in GST Act to Transfer AAR application or Refund Fees

In re M/s. Apar Industries Limited (GST AAR Maharashtra) Authority for Advance Ruling is supposed to function within the parameters or the GST Act and Rules and we find that there are no specific provisions under the GST Act, to transfer such application proceeding to the concerned State and there are no provisions for refund […]

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ITC not eligible on purchase of Paver Blocks laid on land

Applicant contended that Laying of Paver Blocks on land does not amount to construction of Immovable property u/s. 17(5) (c) of the CGST Act, 2017 and are to be construed as moveable items. With respect to eligibility of ITC applicant has stated that, the prohibition to avail input tax credit is applicable only in respect of expenditure which is capitalized in the books of account and since, expenses on Paver Blocks are not capitalized as a part of immovable property (Land) in their books of accounts, ITC is allowable to them.

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GST on Shatamrut Chyavan (prepared animal feed)

In re Vivek V. Ratnaparkhi- M/s. Madhurya Chemicals (GST AAR Maharashtra) A. Whether the classification of ‘Shatamrut Chyavan’ falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST attracting ‘NIL’ rate (0%) of IGST (0%) CGST + (0%) SGST) as per List of Exempted Goods as per Sr. No. 102 […]

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AAR can reject an application if same issue already pending with it

We find that as per applicant's argument their application can be admitted in as much as no case is pending before Hon'ble Court in the name of the applicant on the issue in hand. In this context we find that applicant has been defined under Section 95(c) of the Act which means any person registered or desirous of obtaining registration under this Act.

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Cross Empowerment of officers for Search & Seizure under GST

One of the key feature of GST is concurrent jurisdiction for levy & collection of GST by the Centre & the States. Only ‘proper officer’ has been empowered under GST law to execute and administer compliance of various sections and rules under GST law, to protect the revenue and to exercise rights relating to enforcement […]

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Works Contract & Medical Prosthetics under Taxation Law

In the GST Era, the issue of Works Contract is simplified as the charging section (Section 9 of the CGST/SGST Act) makes no distinction between goods and services. Also, the term ‘works contract’ has been limited to immovable property only now.

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Analysis of Section 74 -CGST Act 2017

Simplified GST Series -Section 74- CGST ACT 2017 Section 74-Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts. (1) Where it appears to the proper officer that any tax has not been paid or short […]

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Reducing documentation for outward supplies under GST

An effort has been made in this article to analyse the possibility of converting the regular supplies into ‘continuous supply of goods’ in order to reduce the compliance burden for the person registered under GST. Concept of continuous supply In GST, the term “continuous supply of goods” has been defined to mean “supply of goods […]

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Compliance (Complications) under Section 16(2)(D) (180 Days) of CGST Act, 2017

Input Tax Credit (ITC) under GST is the GST credit paid and subsequently availed by taxpayers to be set-off against their GST payable. However, not all ITC is available to a taxpayer. Some ITC is ineligible for claim from the time it’s incurred by the taxpayer while other ITC become ineligible after availment by way […]

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How to file Form GSTR-4 (Annual Return) (For FY 2019-20 Onwards)

Manual on Filing Form GSTR-4 (Annual Return) (For FY 2019-20 Onwards) How can I create and file details in Form GSTR-4 (Annual Return) (For FY 2019-20 Onwards)? To create and file details in Form GSTR-4 (Annual Return) (For FY 2019-20 Onwards), perform following steps: (I) In case, you want to file NIL return in Form GSTR-4 (Annual Return), […]

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Interest on delayed payment of GST | Section 50 | CGST Act, 2017

1. Introduction: Interest is compensatory in character and is imposed on a registered person who has withheld payment of any tax as and when it is due and payable. It is a settled principle1 that interest is a mere accessory to the principal which has no independent existence of its own. Accordingly, interest is payable […]

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GST/Compensation Cess on Used Cars: FAQs

GST and Compensation Cess Applicability on Sale of Old/Used Motor Vehicle in different Scenario Take Away from this article: Whether GST and Compensation Cess is applicable at different rates and/or Concessional rates or not on sale of old/used motor vehicle GST applicability on sale of Old/Used car in the following scenario has always been subject […]

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GST Anti-profiteering- Delhi HC stays NAA order asking Reckitt to deposit Rs 63 lakh

In the latest anti profiteering case of pharma major Reckitt Benckiser over alleged profiteering of 63 lakh from the sale of Dettol handwash between 2017 to 2019, Hon’ble Delhi High court has stayed the order of National anti-profiteering authority for deposit of alleged profiteering amount in the consumer welfare fund. 

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GST on Apparel Industry

Preface Indian textiles and apparel have global appeal. Cotton, silk, and denim from India are highly popular in foreign Countries, and with increasing Indian design talent, Indian apparel too has found success across fashion centres around the world. India is the world’s second-largest exporter of textiles and apparel with a massive raw material and manufacturing […]

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Consideration under GST | Advance Ruling | Section 2(31) | CGST Act 2017

Over View – ‘Consideration’ Consideration in GST is the basis for deciding upon the value of supply of goods or supply of services. Section 2(31) ‘consideration‘ in relation to the supply of goods or services or both includes–– (a) any payment made or to be made, whether in money or otherwise, in respect of, in […]

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composition scheme under GST & Recent due date extension

Extension of Date to file the GST Return under the Composite Dealers till August 31, 2020 The Central Board of Indirect Taxes and Customs have issued Notification No. 59/2020–Central Tax dated 13th July, 2020 extending the deadline for filing GSTR-4 annual returns for 2019-20 by composition dealers from July 15 to August 31. The Government has extended […]

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Demands & Recovery under GST | Section 73 | CGST Act 2017

Simplified GST Series –Demands & recovery /Section 73/CGST ACT 2017 Section 73- Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts. (1) Where it appears to the proper officer that any tax has […]

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Advance Ruling | Agriculture Produce/Agriculturist | Definition 2(7) | CGST Act 2017

Over View- Agriculture Produce Definition ‘agricultural produce‘ in the GST regime The definition of ‘agricultural produce’ has not been provided in CGST Act; rather the term ‘agriculturist’ has been defined under sub-section (7) of Section 2 of the CGST Act, 2017, means an individual or a Hindu Undivided Family who undertakes cultivation of land – […]

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Casual Taxable Persona Under CGST Act

CASUAL TAXABLE PERSON DEFINITION OF CASUAL TAXABLE PERSON U/S 2(20) OF CGST ACT 2017 Casual Taxable person means:- (1) Undertakes transactions occasionally; (2) Involving supply of taxable goods or services or both; (3) In the course or furtherance of business; (4) Whether as principal, agent or in any other capacity; (5) In a state or […]

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DGGI busts racket for tax evasion worth more than Rs 72 crore

Acting on specific intelligence the Directorate General of Goods and Service Tax Intelligence, Headquarters (DGGI, Hqrs) has unveiled a racket of clandestine clearance of cigarettes through a factory run in Kota.

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Dealer not obligated to pay penalty at 15% | Section 74(5) | CGST Act 2017

Section 74(5) of the Act merely enables the petitioner to pay penalty at 15% on his own accord, in which event the assessing authority cannot thereafter issue a notice seeking recovery of the balance 85% penalty (i.e., penalty equivalent to the tax specified in the no­tice).

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Filing Form GSTR-4 Annual Return by Composition Taxpayers

1. What is Form GSTR-4 Annual Return: – With effect from 1st April, 2019, all Composition Taxpayers are required to file Form GSTR-4 Annual Return, on annual basis, for each financial year. 2. Who are required to file Form GSTR-4 Annual Return: All registered taxpayers who have opted for composition scheme or were under composition […]

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Form GSTR-4 (Annual Return) (FY 2019-20 Onwards)- FAQs

FAQs on Filing Form GSTR-4 (Annual Return) (for FY 2019-20 Onwards) 1. What is Form GSTR-4 (Annual Return)? Form GSTR-4 (Annual Return) is a yearly return to be filed once, for each financial year, by taxpayers who have opted for composition scheme, for any period during the said financial year. The taxpayers are required to […]

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GSTR-4 (NEW) Vs. GSTR-9A ( For Composition Tax Payers )

GSTR-4 (NEW) Vs. GSTR-9A (For Composition Tax Payers ) The most awaited form GSTR-4 (Yearly) has been made available on the GSTN portal to be filed by all Composition Taxable persons on or before extended due date i.e. 31.08.2020. Earlier this GSTR-4 form is required to be filed on Quarterly basis till financial year 2018-19. […]

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GST on Redevelopment Projects

Redevelopment is a method of urban renewal that seeks to provide additional and better quality housing, make land available in the center of the city, eliminate urban decay and improve infrastructure. In the recent past there are two major reasons observed for the rapid surge in the number of redevelopment projects across India. 1.)  Increase […]

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Form GSTR-4 Annual Return made available on GST portal

GSTN has made Form GSTR-4 (Annual Return for Composition Taxpayers) available on the GST portal. This will enable 17 lakh Composition Taxpayers to file their returns on an annual basis with effect from FY 2019-20.

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Advance rulings | Definition of Business | Sec 2(17) | CGST Act, 2017

Definition Of  Business Under GST – Overview Supply or acquisition of goods including capital goods and services Admission of person to any premises Provision of facilities to a member of a club, association etc Activities are undertaken by CG, SG or  any Local authority Services supplied as the holder of the office Services by Race […]

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Can we claim ITC on expenditure related to CSR Activities?

Can we claim the Input Tax Credit (ITC) on expenditure related to Corporate Social Responsibility (CSR) Activities? Background:- Provisions under Section 16of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Eligibility and Conditions for taking Input Tax Credit (ITC)”, are as under: (1) Every registered person shall, subject to such conditions and restrictions as […]

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ITC on Construction of Building for giving on rent or lease

As per Sec 17(5) (d) – Input Tax Credit is not allowed to be claimed for the GST paid on goods and services used for the purpose of Construction of Building. But would GST Credit be allowed if the building so constructed is given on Rent? This matter reached the Orissa High Court in a […]

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GST on cross border Transactions – Examples & Taxability

GST on cross border Transactions such as- Export |Ex-Bond |High seas sale |merchant trade| bill to ship to As Economy and trade have grown to a great extent, there are many types of cross border dealings & transactions that we come across. In this article I have tried to compile a few examples of cross […]

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Analysis of Section 69 to 72 of CGST Act 2017

Simplified GST Series-Section 69-72 /CGST Act 2017- Explains about  Section 69- Power to arrest, Section 70-Power to summon persons to give evidence and produce documents , Section 71- Access to business premises and Section 72-Officers to assist Proper Officers . Section 69- Power to arrest (1) Where the Commissioner has reasons to believe that a […]

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How will sanitizers disinfect germs of confusion under GST?

As we all are fighting with the coronavirus, and alcohol-based hand sanitizers being a major weapon in this war, there is still confusion on GST rate to be charged on the same. The manufactures and GST officers are having an argument, whether it should be charged at 12% or 18%.

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VAT Vregistration In United Arab Emirates (UAE)

Preamble: VAT has been introduced for the first time in Gulf countries as recommended by the Gulf Cooperation Council (GCC). In June, 2016 GCC countries signed the VAT Framework Agreement. There are six member countries in GCC, namely, Kingdom of Saudi Arabia (KSA), Bahrain, Qatar, UAE, Kuwait and Oman. VAT has been introduced in KSA […]

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Impact of Covid 19 on Real Estate Sector under GST

Renting of Commercial Property is treated as continuous supply and hence GST is payable on accrual basis. Now the question arises whether the rent is payable for such lockdown period and if yes, what would be the value of supply in case the rent amount is being modified or postponed or waived off .

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GST on Merchandise Trade Transaction – AAR- Sterlite Technologies Ltd

1. Whether GST is payable in respect of goods procured from outside India and such goods not brought to India? 2. Whether GST is payable in goods are shipped directly from the foreign vendor’s premises to customer’s premise (located outside India)?

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HC permits uploading of form TRAN-I to avail ITC on or before 30.06.2020

The issue under consideration is to seeking permission to electronically upload form TRAN-I in order to avail credit of excess VAT reflected in Returns, as due to technical glitches on the GST Portal, the petitioner could not file Form TRAN-I.

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E-Commerce provisions under GST-Detailed Analysis

Ecommerce is a digital platform where supplier and customer make business transactions digitally. Ecommerce business is going to be popular day by day. It is spreading in vast level. I feel there is no such family spare in urban cities who has not used this ecommerce platform. The digital business is a boon in lock […]

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Complete analytical view of GST Registration & Applicability

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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Transitional Credit eligible only when claimed within time

P.R. Mani Electronics Vs Union of India (Madras High Court) Section 140 of the CGST Act read with Rule 117 of the CGST Rules enables a registered person to carry forward the accumulated ITC under erstwhile tax legislations and claim the same under the CGST Act. In effect, it is a transitional provision as is […]

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Analysis of phrase ‘In respect of’ in GST & its impact on Blocked ITC

Be it any law, it’s all about the interpretation of various words and phrases which brings in divergent views by professionals. One such phrase which has been used in GST law is 'in respect of', the interpretation of which can change the dimensions of the views held by one.

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No interest demandable for delay in GST credit to Govt Account

Messrs Vishnu Aroma Pouching Pvt. Ltd. Vs Union of India (Gujarat High Court) In this case petitioner had duly discharged the tax liability of August, 2017 within the period prescribed therefor; however, it was only on account of technical glitches in the System that the amount of tax paid by the petitioner for August 2017 […]

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Three years of GST – Booklet by GSTN

Three years of GST – booklet brought out by Goods and Services Network (GSTN) On completion of three years of GST , GSTN has brought out an informative booklet titled ‘Three Years of GST’. Data published shows that all stake holders can be proud of the excellent performance, despite huge challenges and constraints. All stake […]

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Advance rulings | Scope of Supply | Section 7 | CGST Act, 2017

Section specific advance ruling under GST Act – Sec 7 of CGST and SGST Act 2017 Article contains section 7 “Supply” related advance rulings under GST pronounced by Advance Ruling Authorities of Various States. Advance ruling’ means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions […]

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Digital GST Ready Reckoner (Book) by Taxguru Edu

We are happy to announce the launch of our Digital GST Ready Reckoner-2020. With this transformation we strive towards bringing flexibility in reading and understanding the law. This Digital GST Ready Reckoner is beyond just a PDF version to our paper book. It has some distinct benefits and offers versatility in comparison to the printed version. It […]

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Inspection of goods in movement | Section 68 | CGST Act 2017

Simplified GST Series –Section 68/ Inspection of Goods in Movement/CGST ACT 2017 Section 68- Inspection of goods in movement (1) The Government may require the person in charge of a conveyance carrying any consignment of goods of value exceeding such amount as may be specified to carry with him such documents and such devices as […]

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Analysis of Section 7 and 9 of CGST Act 2017 (Levy of GST)

Section 7 Deals with Scope of supply under GST and Section 9 deals with Levy and collection of Taxes under GST. Article analyses Section 7 and 9 of CGST Act, 2017. 1) What is GST GST is an Indirect Tax that levied on Supply of of Goods or Services or Both. Indirect tax is  the […]

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Tax Deducted at Source (TDS) | Section 51 | CGST Act 2017

Tax Deducted at Source Section 51 of CGST Act (1) As per section 51 of the CGST Act Tds will be deducted by the deductor (person who is the recipient of goods or services or both) while paying or credited the amount to the deductee ( person who is supplying the goods or services or […]

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Input Service Distributor | Section 20 | CGST Act 2020

Large Corporation usually has operation/place of business at multiple states which has common services like, Internal Audit fees, Statutory Audit fees, Banking Charges, Group Insurance, Consultation fees, etc. for the day today’s operation. The GST paid on such common services cannot be availed in any one particular state or any particular registration being common Input […]

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Dispose pending GST registration applications on or before 30th July 2020

Subsection (10) of section 25 of the CGST Act, 2017 read with rule 9 of CGST Rules. 2017. provides for deemed approval of application or registration after a period of three working days. if the proper officer fails to take any action on the said application within the said period of three working days.

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New GST provisions effective from 30th June 2020

New GST provisions effective from 30-6-2020-Introduced by Finance Act, 2020, Notification No. -49/2020-CT dated 24th June 2020 Background:                                              Goods & Service Tax (in short “GST”) introduced in year 2017 undergone various changes on recurring basis. In Feb’ 2020 the Finance Bill was introduced which eventually enacted as Finance Act’ 2020 (in short F.A.’2020). The […]

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New GSTIN for merged Union Territory of Dadra & Nagar Haveli and Daman & Diu

It is decided by the GST Council to give 26 as State Code 26 to the merged Union Territory of Dadra and Nagar Haveli and Daman and Diu w.e.f. 01-08-2020. Therefore, all the Registered Persons in the erstwhile Union Territory of Daman and Diu having GSTIN(Goods and Service Tax Identification Number) starting with State Code 25 will be switched over to New State Code of 26 w.e.f. 01-08-202

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GST rate on alcohol based hand sanitizers- Govt clarifies

It is stated  that hand sanitizers attract GST at the rate of 18%. Sanitizers are disinfectants like soaps, anti-bacterial liquids,  dettol etc which  all  attract duty standard rate of 18% under the GST regime. The GST rates  on various items are  decided by the GST  Council where the Central Government and  all the state governments together deliberate and take decisions.

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GST AAR cannot rule on services provided during Service Tax Regime

In re Woodkraft India Limited (GST AAR Maharashtra) Q1&2 Whether in the facts & circumstances of case, applicant is liable to pay GST in respect of Tax Invoice No. 01 dated 25/06/2018 / R.A. Bill No 22 for Rs. 2,42,09,594/-, toward civil and interior work done of M/s Oil & Natural Gas Corporation Ltd. under […]

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GST Advance ruling cannot be sought on goods not in existence

Goods in respect of which supply being undertaken or proposed to be undertaken, should be existing. In the subject case applicant has submitted that they are proposing to manufacture the impugned product, which are presently not in existence. Thus their application is also barred under Section 95 of the CGST Act.

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GSTR-3B Due date Extension | August 2020 | Turnover less than 5 crore

Synopsis of Extension of Due date for GSTR-3B for August 2020 having less than 5 crore turnover CBIC released Notification No. 54/2020 – Central Tax dated, the 24th June, 2020 for extension of Due date for GSTR-3B for August 2020. Following questions emerge out of this-: ♣ Is it extended for all the Registered Persons? […]

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Basics of Input Tax Credit under GST

What do you mean by Input Tax Credit under GST? Input tax credit means reducing the amount of tax (CGST, SGST, IGST) paid on the purchase of taxable Goods & services or tax paid under reverse charge from the Output liability and paying the balance amount to the Government. Who is eligible to book Input […]

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GSTR-3B Interest & Late Fee Calculator – v.1.4.0

Due to Covid 19 pandemic in India, CBIC has extended the Due Dates of filing GSTR returns of various assesses for the months of February 2020 to August 2020. There are different due dates for different types of assessee and due dates also vary based on the Turnover of the assessee which makes the understanding and remembrance of […]

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Refund in GST- A basic understanding

Refund under GST is still perplexity for some people. Many registered person has no idea when they are eligible to get it, in which time period they should apply and what are the process for it. Here general idea of refund to simplify it . General Understanding: When an applicant can claim refund. Section 54(1): […]

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GST Updates for the Month of June 2020

GST NEWS LETTER JULY MONTH 1) NIL GSTR-1 & GSTR-3B CAN BE FILED THROUGH SMS W.e.f. from 8th June 2020 NIL return in form GSTR-3B & w.e.f. 1st July, 2020 NIL return in form GSTR-1 can be furnished by SMS and the same shall be verified by registered mobile number based OTP facility. (NN.58/2020-CT dated […]

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Comparative Analysis of Indirect Tax regime in India & Singapore

The tax system in India was very complex in nature, but post GST implementation the process has become smoother. It is inclusive of all indirect tax which helps in eradicating the cascading effect of tax as a whole. Tax structure in India is a three tier federal feature, which is made by central government, state […]

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GSTR-3B Nill Filing Through SMS

GST Have enrolled new option of Filing GSTR-3B Now  you can be filed as a nil return if there are no Sales(outwards Supply) and Purchase (Inward supply) in the  month. This form can be filed Nil in offline mode (by SMS). Nil GSTR-3B can be file for a tax period if you. Have NOT made […]

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Suo Moto GST Registration Cancellation to GST Revocation – Golden Opportunity

In this article, we will discuss the situations in which GST Registration will be suo moto cancelled by GST Officer and how these defaulting dealers can take benefits of this one time scheme for revocation of their cancelled GST.

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Is the refund of waived late fee under GST possible?

The waiver of late fee has become a hot topic on social media now. Twitter is flooded with tweets to waive of the late fee on late filing of GSTR 3B from the inception of law. Recently, GST Council has released a press note stating that the “Issue of GST late fee for the past […]

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Blocked ITC on Construction Activities- Deterrence to Economic Development