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Showing posts from August, 2020

41st GST Council Meeting Highlights

The global pandemic of COVID-19 has brought grave losses to humanity as well as the tax collections this year as per the Government reports. It’s a known fact already that at the time of the introduction of Goods and Services Tax 2017, the Union Government had promised a certain amount of their revenues as GST […]

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Changes on GST portal- You Should know

It has been over three years since the introduction of GST, India’s biggest tax reform, on 1st July 2017. It’s been a roller coaster ride for the government, Industries, taxpayers and other stakeholders. Since its inception, in the eye of the government, GST was supposed to be the ‘One Nation One Tax’. However, in actual […]

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Absurdity of Section 18(6) of CGST Act, 2017

Section 18(6) covers the situation wherein capital goods are being sold after use and it stipulates that in such cases amount payable by the supplier has to be either Input Tax Credit as reduced by percentage points as may be specified in rules or tax on transaction values whichever is higher.

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Reverse Charge Liability under GST Not Paid In 2018-19

Due date to file Annual Return GSTR-9 for 2018-19 is 30-09-2020. The following queries are being raised. 1. How deal with reverse charge liability pertaining to 2018-19, in annual return GSTR-9 to be filed for 2018-19, which (reverse charge liability) had not been paid till date or had been paid in the year other than […]

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Advance Ruling | Sec 10(1)(a) & 10(1)(b) of IGST Act 2017

As I promised in previous post related to GST Registration requirement, If covered under bill to ship to model?  That I will provide the solutions relating to Litigation posted in previous post on sec 10(1)(a) and 10(1)(b). However, Following Advance Ruling covered same litigation as we already discussed in our previous post, that provides you […]

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All about GSTR-2B

The GST Council, in its 39th meeting held on 14th March 2020, had recommended to adopt and implement linking of GSTR-1 & GSTR-2A with GSTR-3B. As we know GSTR-2A is a dynamic return, so to solve this issue, GSTR-2B has been introduced. All About GSTR-2B The GST Council, in its 39th meeting held on 14th […]

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GST Action Plan for September 2020

September 2020 is considered to be a significant month for any Financial Year as it includes major compliances under the Goods & Services Act. Here, I provide you with the list of activities which should be performed by a registered person under GST. Article contains GST Action Plan for September 2020 and explains Extension of […]

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4 Recent Enhancements on GSTN Portal

Recent Enhancements on GSTN Portal (www.gst.gov.in) – Recently GSTN has rolled out few enhancements on GSTN portal for the benefit of tax payers. Some of the major enhancements being –Introduction of ITC Statement Form GSTR-2B, Option to file GST refund application spread across multiple Financial Years, Facility to check Bill of Entry (BOE) Info with […]

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Last day to Register for GST & Income Tax Course at Upto 50% Discount

Join Online Self-Learning GST and Income Tax Course at up to 50% discount till 31st August 2020. 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 […]

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CBIC Launches GSTR-2B (29th August 2020): Key Features

The government has decided to continue the existing GST (Goods and Services Tax) return filing system for the time being. The new GST return filing system with forms ANX-1, ANX-2, RET-1 and RET-2 as proposed by the government for the launch has been put on hold until further notice. In place of launching the new GST […]

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Practical understanding of effect of ITC in GSTR 9 for F.Y. 2018-19

Form GSTR-9 is an annual return to be filed by all registered taxpayers whose turnover is Rs. 2 crores or more. A taxpayer shall report all outward supplies, inward supplies, taxes paid, refund claimed, demands raised and ITC availed and utilized in Form GSTR-9. It has been observed that practitioners are facing many difficulties to […]

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Perishable Goods in Transit Can’t Seized, if applicable IGST paid with valid E-way Bill & Invoice

whether the department is entitled to seize a consignment of perishable goods in transit more particularly when it is accompanied by a lawful e-way bill, invoice and when it has paid the applicable IGST?

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Validity of GST Assessment Order served by uploading it on Web Portal

The issue under consideration is whether the serving of assessment order by uploading it on web portal and not communicated separately to the assessee will be considered as valid under law?

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No detention of goods for mere non-mention of Tax payment details on E-Way Bill

The issue under consideration is whether the detention of goods with the allegation that the E-way bill does not have tax amount mentioned on it is justified in law?

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GSTR 2B, a new era of Reconciliation of Input Tax Credit

GSTN has enabled Form GSTR 2B in the GST Portal. The Taxpayer can log in with there login credentials then go to F.Y 20-21 for July 2020, the Form GSTR-2B is available on the Portal. The GST Council, in its 39th meeting held March 2020, had recommended to adopt and implement the incremental approach of […]

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Cabinet Clears Introduction of Punjab GST (Amendment) Bill, 2020

CABINET CLEARS PROPOSAL FOR INTRODUCTION OF PUNJAB GOODS AND SERVICES TAX (AMENDMENT) BILL, 2020 FULFILLS DEMAND OF TAX PAYERS TO SIMPLIFY PROVISIONS AND PROCESSES FOR SMOOTH LEVY AND COLLECTION OF TAXES UNDER GST Chandigarh, August 25: The Punjab Cabinet on Tuesday approved the proposal for introduction of the Punjab Goods and Services Tax (Amendment) Bill, […]

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No Anti-Profiteering if NO ITC availed by Respondent in post-GST period

Anonymous Vs Aryan Hometec Pvt. Ltd. (NAA) It is revealed from the plain reading of Section 171 (1) that it deals with two situations one relating to the passing on the benefit of reduction in the rate of tax and the second pertaining to the passing on the benefit of the ITC. On the issue […]

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No penalty for violation of section 171 Provisions before 01.01.2020

Shri M. Srinivas Vs Director General of Anti-Profiteering (NAA) Respondent has contravened the provisions of Section 171 (1) of the CGST Act, 2017. However, since, the penalty prescribed under Section 171 (3A) of the CGST Act, 2017 for violation of the above provisions has come in to force w.e.f. 01.01.2020 and the infringement pertains to […]

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Section 171(3A) come in to force w.e.f. 01.2020: NAA

It is further revealed that vide Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171(1) which have come in to force w.e.f. 01.2020, by inserting Section 171(3A).

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Issues in Tax Audit – Difference in ITC in GSTR 2A & GSTR 3B

Certain persons are required to get his books of account audited as per Section 44AB of the Income Tax Act, 1961. The applicability of this audit is mentioned in this section. While conducting audit under section 44AB of the said Act, Auditor has to report certain facts which are required by said Act in Form […]

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Job Work Procedure under GST | Section 143 | CGST Act 2017

Simplified GST Series –Miscellaneous- Section 143/CGST ACT 2017 Section 143-Job Work Procedure ♣ This section provides for a special procedure to exempt supplies from payment of GST by a principal to a job worker and return from a job worker to a principal subject to certain conditions and procedures. ♣ The definition of job work […]

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राज्यों की क्षतिपूर्ति का मामला – आखिर क्या हुआ जीएसटी की 41 वीं मीटिंग में

राज्यों की क्षतिपूर्ति का मामला आखिर क्या हुआ जीएसटी  की 41 वीं मीटिंग में कोविड -19 के प्रभाव से केंद्र और राज्यों के राजस्व में भारी कमी आई है लेकिन सरकारों को अपने खर्चे और  विकास की योजनाएं चलाने के लिए धन की आवश्यकता तो रहेगी ही और जीएसटी कौंसिल की 41 वीं मीटिंग इसी […]

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Composition Scheme-GST Rate & Threshold Limit under GST Law

A ‘Composition Scheme’ is an alternative method of levying tax designed for small taxpayers. If your business is small, but not quite small enough to be GST-exempt, you may be able to use your company’s aggregate turnover to qualify for the composition levy scheme. A simplified ‘Composition Scheme’ has been provided; vide Section 10 of Central Goods […]

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ITC Statement Form GSTR-2B, made available on GST Portal for taxpayers

GSTR-2B is an auto-drafted Input Tax Credit (ITC) statement generated for every recipient, on the basis of the information furnished by their suppliers, in their respective Form GSTR-1 & 5 and Form GSTR-6 filed by ISD.

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FORM GSTR-2B – Advisory- 15 Things to Know

GSTR-2B is an auto-drafted ITC statement which will be generated for every registered person on the basis of the information furnished by his suppliers in their respective GSTR-1, 5 (non-resident taxable person) and 6 (input service distributor). The statement will indicate availability of input tax credit to the registered person against each document filed by his suppliers.

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EC & SHEC balance as on 30.06.2017, which could not be transitioned to GST, is refunable: CESTAT

Bharat Heavy Electricals Ltd. Vs Commissioner CGST, Central Excise & Customs, (CESTAT Delhi) There is no dispute that on 01/07/2017, the cesses credit validly stood in the accounts of the assessee and very much utilizable under the existing provisions. The appellants could not carry over the same under the GST regime. Thus the appellants were […]

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Roll out of GST Investigation Module by CBIC – Phase-1 – Advisory

Directorate General of Systems and Data Management, Bengaluru Zonal Unit has been given the mandate of development of Investigation (Enforcement) sub-module under the Dispute Settlement and Resolution (DSR) module of ACES-GST application. Directorate General of GST Intelligence - DGGI (then DGCEI) – CBIC is the Business owner of this sub module and a committee as formed by DGGI had submitted the business requirements for the Investigation sub-module.

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GST Council Newsletter- July 2020

GST Newsletter GST Council Secretariat, New Delhi Issue-16th July, 2020 GST Revenue In the month of July 2020, gross GST revenue was Rs. 87,422 crore, comprising CGST Rs. 16,147 crore, SGST Rs. 21,418 crore, IGST Rs. 42,592 crore and Cess of Rs. 7,265 crore. The total revenue after regular settlement in this month was Rs. […]

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Borrowing options to meet GST Compensation requirement for 2020-21

The two borrowing options to meet the GST Compensation requirement for 2020-21 consequent to the discussions in the 41st meeting of the GST Council held on 27th August, 2020 has been communicated to States,as per the document attached with this press note, to communicate their preference within seven working days.

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Launch of GSTR-2B for the month of July 2020

The GST Council, in its 39th meeting held on 14th March 2020, had recommended to adopt and implement the incremental approach of linking the present system of filing of GSTR-3B and GSTR-1 and other significant changes like enhancements in GSTR-2A and its linking to GSTR-3B.

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GSTR-2A will now display details of import of goods

Two new tables have been inserted in GSTR-2A for displaying details of import of goods from overseas and inward supplies made from SEZ units / SEZ developers. Taxpayers can now view their bill of entries data which is received by the GST System (GSTN) from ICEGATE System (Customs).

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GST- E-Invoice Schema Format –  Mandatory Fields

> On 30th July 2020 the Central Board of Indirect Taxes and Customs (CBIC) released a notification and introduced the ‘Schema for E-Invoice‘ for imposing the e-invoicing. > It will be implemented from 01st October 2020, only for entities whose business having a annual turn over of ₹500 Cr. What is E-Invoicing under GST? > […]

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Analysis of interest provision w.r.t. section 50(1) under CGST Act, 2017

Analysis of interest provision w.r.t. section 50(1) under Central Goods & Services Tax Act (CGST Act), 2017 Background The proviso to Sec 50(1) of the CGST Act was first introduced vide Finance (No. 2) Act, 2019 dated 1 August 2019. The relevant extract of the provisions are enumerated herein below : “It states that the […]

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Request to extend due date of filing of GSTR 9 & GSTR 9C

As we are aware, the due date for filling GSTR 9 and GSTR 9C for F.Y 2018-19, is 30th September 2020 according to Notification No. 41/2020 – Central Tax dated 5th May 2020 and we humbly requests CBIC to extend the due date of filling GSTR 9 and GSTR 9C for Financial Year 2018-19 up […]

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MP HC grants Bail against GST offence | Section 132(1) | CGST Act 2017

MP HC grants Bail against GST offence u/s 132(1) of CGST Act

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ITC on Goods & Services taken for Construction of Immovable Property

As per Section 16, every registered person is eligible to take ITC of goods and services intended to be used in the course or furtherance of business subject to other condition as mentioned in section 16(2) are fulfilled. Section 17(5) restrict ITC on certain good or service although intended to be used in the course […]

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Latex collection cup used for rubber tapping is an agricultural implement

In re Tainakathuveettil Appukuttan Dayanandan (GST AAR Kerala) The process of collection of rubber latex through rubber tapping is an agricultural activity. Plastic cups are used to collect latex from rubber trees. The plastic cups are placed below the spouts using cup hangers. The applicant is engaged in the manufacture and supply of plastic cups, […]

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Plastic latex collection cup comes under HSN 8201 90 00

In re Matha Timber Industries (GST AAR Kerala) The process of collection of rubber latex through rubber tapping is an agricultural activity. Plastic cups are used to collect latex from rubber trees. The plastic cups are placed below the spouts using cup hangers. The applicant is engaged in the manufacture and supply of plastic cups, […]

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GST on Plastic cups used to collect latex from rubber trees

In re Thadickal Trading Company (GST AAR Kerala) The process of collection of rubber latex through rubber tapping is an agricultural activity. Plastic cups are used to collect latex from rubber trees. The plastic cups are placed below the spouts using cup hangers. The apphcant is engaged in the wholesale and retail supply of plastic […]

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GST on construction of Jetty & development of sites for N.T.R.O. on Deposit Work terms

In re Cochin Port Trust (GST AAR Kerala) 1. Whether, having regard to the background and details including the scope of work of the Deposit work contained in the M.O.U. entered into between CoPT and N.T.R.O., what is the nature of the services rendered by CoPT under the M.O.U. entered Into between CoPT and N.T.R.O.? […]

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GST exempt on Plastic latex collection cup used for collection of rubber latex

In re Pala Marketing Co-operative Society Ltd. (GST AAR Kerala) Classification and rate of tax of agricultural implements namely latex collection cup, made of plastic, used exclusively for collection of rubber latex, an agricultural activity. Plastic latex collection cup is an agricultural implement exclusively used for rubber tapping and comes under the classification HSN 8201 […]

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Silicone Insole and Heel Cushion classifiable under HSN 6406

In re Dynamic Techno Medicals Pvt. Ltd. (GST AAR Kerala) The Silicone Insole and Heel Cushion are rightly classifiable under HSN 6406 [Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof] as parts of […]

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Analysis of Order of Karnataka AAAR in the case of M/s Karnataka Food & Civil Supplies Corporation

Recently, Karnataka AAAR in order number KAR /AAAR-14-I/2019-20 held that the services provided by Central Warehousing Corporation (CWC) are covered under ‘Rental or leasing services involving own or leased non-residential property’ and not under ‘storage and warehousing service’ and hence exemption is not available under entry no.54 (e)- Storage or warehousing of agricultural produce of Notification 12/ 2017 CT (R) dated 28-06-2017.

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Digital Continuance of business

We are currently under a pandemic situation where the whole process of our working has changed. We are not aware of how long this kind of situation will prevail or when it would be back to normal. Now we are having e- classes in place of physical classes, e-conference instead of physical meeting we have […]

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Interest on late Payment of GST on Net Liability w.e.f. 01.07.2017

GST Act was first introduced in India w.e.f. 01st July, 2017 for the purpose of uniform indirect tax mechanism all over India. Main purpose of Goods and Service Tax, 2017 is “One Nation One Tax”. From the very first day there is controversy that “whether interest on delayed payments of GST need to pay on […]

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AAR in case of M/s Pratham Agro vet Industries – GST Tariff on Rice Bran

AAR in case of M/s Pratham Agro vet Industries – GST Tariff on Rice Bran Question on which advanced ruling had been sought: What is the GST Tariff on Rice Bran obtained by processing Rice husk of Poha and Mamra with different kind sludge/wax oil What is Rice Bran: Rice Bran is a product obtained […]

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41st GST Council meeting outcome : Key highlights

41st GST Council meeting outcome : Key highlights dated 27th August, 2020 The 41st GST Council met under the Chairmanship of Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman via video conferencing today i.e. 27th day of August, 2020. Shru Anurag Thakur and Finance Ministers of States & UTs and Senior officers from Union […]

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Analysis of Director’s Role & GST implication on Remuneration to Directors

As far as the payment of remuneration to a Director is concerned he is not offering any specific independent services to the company but working as an ordinary employee in the ordinary course of business and gets the salary regularly like ordinary employees.

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ITC in Case of Input & Capital Goods Read with Rules 42 & 43

Definition of Capital Goods [Section 2(19)] “Capital goods” means goods, the value of which is capitalized in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business. Goods will be regarded as capital goods if the following […]

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Mere renting of space cannot be said to be service for storage or warehousing of goods

In re M/s Karnataka Food & Civil Supplies Corporation (GST AAAR Karnataka) CWC is only providing the 488 sq metres of space in the central warehouse for rent. The space has been taken on rent by the Appellant for storing the food grains. The activity which is under consideration here is the activity performed by […]

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HC allows Petitioner to file application seeking revocation of cancellation of GST registration

M. S. Retail Private Limited Vs Union of India (Karnataka High Court) Petitioner has presented this writ petition with a prayer inter alia to quash the order of ‘cancellation of registration’ dated 06.06.2020 passed by Assistant Commissioner of Commercial Taxes, Bangaluru. Learned AGA submitted that under Section 30 of the Central Goods and Services Act, […]

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जीएसटी ब्याज का प्रावधान – एक गंभीर विषय

जीएसटी की एक और विवादास्पद अधिसूचना जारी  जीएसटी की एक और विवादास्पद अधिसूचना संख्या 63/2020 दिनांक 25 अगस्त 2020 जारी की है जिसके अनुसार जीएसटी में नेट टैक्स पर ब्याज लगाने का प्रावधान अब 1 सितम्बर 2020 से लागू होगा जब कि प्रारम्भ से ही यह प्रावधान ग्रॉस टैक्स पर लगने वाले ब्याज का प्रावधान […]

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GST rates on Real Estate

Types of Real Estate Transactions: These are the following types of transactions which can take place in Real Estate Sector: 1. Supply of immovable properties (Commercial/ Residential) before completion. 2. Supply of immovable properties (Commercial/ Residential) after completion. 3. Sale of Land (Agricultural/ Commercial/ Residential). 4. Sale of rights arising out of land (e.g. TDR, […]

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Job work related matters under GST with FAQs

Principal is registered person who sends inputs/capital goods to a job worker for carrying out the job work. The GST law makes special provisions with regard to removal of goods for job work and receiving back the goods after processing from the job worker without payment of GST. Section 2(68) of the CGST Act, 2017 […]

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Whether Interest Payable on the Net Cash Liability is Prospective or Retrospective 

It is quite obvious that if the notification of CBIC i.e. Notification No. 63/2020 is to be considered as prospective only, the department or the union is accepting that the levy of interest on gross tax liability without deducing the input tax credit to taken from the electronic credit ledger available therein which is amenable to adjustment by the departmental authorities with considering the orders of the various High Courts which stayed the interest on gross levy of tax as unjust and improper.

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Punishment & Liabilities for certain offences under GST

Offences & Penalties- Punishment & Liabilities /Section 132-133- CGST Act 2017 Section 132- Punishment for certain offences- Section 132 talks about cases of tax evasion and penal actions applicable on specific events subject to amount of tax sought to be evaded.This provision provides for prosecution of offenders and the punishment initiated on them. ♠ There […]

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Definition of Supply – Section 7(1) of CGST Act, 2017

Section 7(1) of CGST Act, 2017 states that the expression ‘Supply’ includes: 1. all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; 2. import […]

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Interest Payment on net GST Liability w.e.f. 1st September 2020

1. Notification No 63/2020 – Central Tax dated 25th August, 2020 – CBIC has issued Notification No 63/2020 – Central Tax dated 25th August, 2020 bringing into effect the provisions of Sec 100 of the Finance Act, 2019, which is reproduced below – Sec 100. In section 50 of the Central Goods and Services Tax […]

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GST on Security Excise Adhesive Labels

In re Marketing Communication & Advertising Ltd. (GST AAR Karnatka) The applicant have sought advance ruling  in relation to supply by applicant to various distilleries and sought ruling on correct classification of Security Excise Adhesive Labels i.e., HSN Code applicable and The rate of tax applicable on supply of Security Excise Adhesive Labels. We observe […]

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Interest on Delayed Payment of Tax – on Gross or Net Tax Liability – Bone of Contention Remains

Interest on Delayed Payment of Tax – on Gross or Net Tax Liability – Bone of Contention Remains There has been a big controversy that whether interest on delayed payment of tax has to be paid on gross tax liability or net tax liability paid through electronic cash ledger after adjustment of input tax credit? […]

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Chargeability of Rental & Interior Decoration Services under GST

Question: Mr. A is an interior decorator having registered office in Faridabad. He has been assigned with the interior work of a company located in Bhiwadi. Or Question: Mr. A is a landowner who is located in Faridabad and owns an immovable commercial property in Bhiwadi. Now there are two questions which comes in our […]

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Marginal Scheme under GST

Purpose: 1. To avoid double taxation on the supply of goods which has already been taxed e. Second hand Goods. 2. GST is calculated on the difference between the value at which the goods are supplied and the price at which the goods are purchased e. profit margin unlike GST charged on the transaction value […]

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Meaning of Aggregate Turnover under GST

As per section 2(6) of CGST Act, 2017 '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 be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess.

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RCM on purchases made from Unregistered Dealer under GST

Reverse Charge Mechanism (RCM) on purchases made from Unregistered Dealer under GST As per Section 9(4) of CGST Act, 2017 and Section 5(4) of IGST Act, 2017 any Supply of goods or service from an Unregistered supplier to a Registered supplier will cast liability to Pay GST to the Government in the form of RCM i.e. […]

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GST: Reversal of Common ITC related to Interest Income

There are many doubts comes in our mind whether we need to reverse the common ITC related to Interest Income because it represents the part of turnover. I wish to clarify that there is no such reversal at all for the registered person other than a banking company or a financial institution including a non-banking […]

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Input services ITC also eligible for refund under Inverted duty structure- Impact of Gujarat HC decision

Input services ITC also eligible for refund under Inverted duty structure – Analysis of Gujarat High Court decision and its impact- Introduction: The fundamental principle of GST laws worldwide is that it is a multi-stage tax and tax on value addition, with final consumer alone ultimately bearing the tax. This is ensured by allowing the […]

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Confusion on Definition of Financial Institution to avail ITC under section 17(4)

Definition of 'Financial Institution' plays a very key role in determining eligibility of ITC on inputs, capital goods, input services. However, GST act didn"t define the definition of 'Financial Instituion'.

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Upcoming GST Council Meetings- What to Expect?

On 20th August 2020, the GST Council has scheduled two GST Council meetings back to back starting on August 27 and September 19th as 41st and 42nd meetings for 2020 respectively. With a steady decline in the GST collection, the Central Government has expressed its inability to compensate States this time. This agenda is to be discussed for the 41st […]

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Claiming Input Tax Credit under GST Regime

1) Introduction:- ITC means reducing the taxes paid on inputs from taxes to be paid on output. When any supply of services or goods is supplied to a taxable person, the GST charged is termed as Input Tax. The concept isn’t entirely new because it already existed under the pre-GST indirect taxes regime (service tax, […]

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Permissible Ambit of Delegated Legislation – Part I As conceptualised in tax laws

Ramanatha Aiyar’s, The Law Lexicon, defines delegation as an act of making or commissioning a delegate. Subordinate/delegated legislation is a process by which the executive is given powers by primary legislation to make laws in order to implement and administer the requirements of that primary legislation. 

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All About Aadhar Authentication In GST Registration

With the increasing number of instances and cases of fake bills, dummy address registrations and multiple registrations in the same places, the GST council vide its amendment in the GST act has already introduced the power of aadhar authentication compulsory for all the class of registration subject to some exception.

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Supply of Old and Used Fixed Assets under GST

This article titled ‘Supply of Old and Used Fixed Assets under GST’ discusses all such aspects in regard of if such assets are supplied by the following persons. 1. A registered person; 2. An unregistered person; 3. A composition dealer; 4. An individual who sells his personal assets and 5. A person who deals in […]

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AAR allows S.K. Properties to withdraw advance Ruling application

In re M/s S.K. Properties (GST AAR Karnataka) 1. The applicant sought Applicability of GST on Land owners share of constructed residetail flats, since Joint development agreement entered between Land owner and Builder entered before the commencement of construction of the building and Constructed residential flats handed over before completion. 2. If GST Applicable on […]

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GST AAR cannot condone delay after expiry of 30 days for filing appeal: AAAR

In re The Deputy Conservator of Forests (GST AAAR Karnataka) The GST appellate authority for advance ruling dismissed the appeal filed by the appellant on grounds of time limitation. It is evident that this Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days […]

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GST Registration Process – A Minor change with Major Practical Impact

Vide Notification No 62/2020 – Central Tax dated 20th August, 2020, CBIC made probably the most significant change in the GST Registration process since its inception. The amended GST Registration Process as detailed below shall be applicable with effect from 21st August, 2020: > Part A of FORM GST REG-01 (PAN Validation with CBDT Database […]

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HC allows GST Appeal filed Manually as valid Appeal

M/s Sri Siddhi Kalko Bhagavan Stone Crusher Vs The Assistant Commissioner ST (Andhra Pradesh High Court) In this Writ Petition, under Article 226 of the Constitution of India, the challenge is to the rejection order, dated 22.09.2018, of the learned Appellate Joint Commissioner (ST), Vijayawada, whereby the appeal of the petitioner was rejected on the […]

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Does ITC on Immovable Property depends on Dictionary definition/ Other Acts definition???

When we read the text of Section 17(5)(d) together with its explanation, we find that for triggering the restriction under this clause, certain criteria have to be satisfied viz: a) The goods or services should be used for construction of immovable property. b) The construction can be in the form of reconstruction, renovation, additions or alterations or […]

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Blocked GST Credit on Construction of Immovable Property

This brief expression of thoughts highlights and enumerates the basics of this one of the most contentious issues in the subject. Here, author has reproduced the provision of blocked credit and compiled a list of judicial discords pending relating to this very aspect across the various high courts of the country. Section 17(5)(c) and 17(5)(d) […]

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Refund of IGST – circulars can not prevail over statute

1. It is ruled by Hon’ble HIGH COURT OF MADRAS in case of Precot Meridian Ltd that the department cannot refuse the refund of IGST for goods exported from India by relying on a circular which are issued only to clarify statutory provision and it cannot alter or prevail over statutory provision. 2. Statutory Provisions: […]

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GST Cancellation & Revocation of Registration – With lower/Nil Late Filing Fee

With the object of giving boost to Indian Economy and to give another opportunity to GST Dealers whose GST Registration has been cancelled Suo-Motto by GST officer due to non filing of GST returns for a specified period but dealer want to revoke their cancelled GST Registration, GST Department has introduced a new scheme, so […]

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Emails being to taxpayers for payment of interest are mere intimations & not orders

This office is conscious of the procedure required to be followed by it to recover and will initiate the recovery proceeding with issuance of show cause notice, working of interest calculation and further actions as per provision of law. There is no intention of this office to directly recover interest under Section 50 of the CGST / MGST Act, 2017.

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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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Webinar on Intricacies of ITC with practical issues & solutions

It is our extreme pleasure to inform you that TaxGuru is organising a Webinar on Intricacies of Input Tax Credit along with Discussion on Relevant Advance Rulings by a renowned speaker CA Sunnay Jariwala.

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GST Liability – Payment In Installments

It is held by the honourable Kerala High Court that the petitioner, who is an assessee under the GST Act, is not disputing his liability to tax, or the quantum thereof, for the period in question. It only seeks an installment facility to pay the admitted tax, together with interest thereon, in view of the financial difficulties faced by it during the Covid pandemic situation, when its business has come to a total standstill.

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20 suggestions on GST Returns, Procedures, Law & Portal

20 suggestions on GST Returns, Procedures, Law & Portal- August 2020 edition ♥ Regarding Return Filling System 1. An ideal return filling system – GSTR 1 & 3B and A Self declared ITC return i. GSTR 1 + 3B + SELF-DECLARED ITC RETURN – Please continue with GSTR3B monthly and GSTR 1 monthly/ quarterly depends […]

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जीएसटी रजिस्ट्रेशन के लिए नया नियम- इसमें भी व्यवहारिक समस्या है

जीएसटी रजिस्ट्रेशन के लिए जो नया नियम आया है जिसमें  अपने रजिस्ट्रेशन के प्रार्थना पत्र के साथ आधार का वेलिडेशन करावाना है और यदि प्रार्थी  ऐसा नहीं करते हैं तो जीएसटी अधिकारी द्वारा आपके व्यवसाय स्थल का भौतिक सत्यापण आपकी उपस्तिथी में किया जाएगा. यह एक अच्छी सुविधा और नयी सुविधाजनक प्रणाली है और आयकर […]

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Requirement of Aadhaar Authentication for GST Registration

Frequently Asked Questions related to Aadhar Authentication of Applicant for GST Registration as notified by Central Board of Indirect Taxes and Customs vide Notification No 62/2020 – Central Tax dated 20th August, 2020  Question 1:- Whether Rule 8(4A) of CGST Rules, 2017 applies on Persons referred u/s 25(6d) of CGST Act, 2017? Answer 1:- No, […]

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GST & Income Tax on Joint Development Agreement

JOINT DEVELOPMENT AGREEMENT AND ITS TAXABILITY UNDER PROVISIONS OF THE GST ACT 2017 AND INCOME TAX ACT, 1961. A piece of land, carry various rights with it. An owner of a land has right to possess, right to easement, right to sale, right to rent, right to develop, right to sub-let, right to occupy and […]

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GST on transfer of development rights and FSI

What is Joint Development Agreement The joint development agreement is a contract between a landowner and a real estate developer to build a new project on the land of the owner. There are 2 types of agreement that may be entered into, they are Revenue sharing or Area sharing, sometimes it is partly revenue sharing […]

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Confiscation & Penalties | Section 129 | CGST ACT 2017

Simplified GST Series- Offenses & penalties/Section 130-131/CGST ACT 2017 Article explains Section 130-Confiscation of goods or conveyances and levy of penalty and Section 131- Confiscation or penalty not to interfere with other punishments. Section 130-Confiscation of goods or conveyances and levy of penalty- (1) Notwithstanding anything contained in this Act, if any person – (i) […]

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Interest on delayed GST payment- Whether automatic or adjudication is called for -Saga continues

Interest on delayed GST payment- Whether automatic or adjudication is called for -Saga continues In my earlier article, case of M/s LC Infra Projects Pvt Ltd [ Writ Petition No. 28876 of 2019 (T-RES, Karnataka High court) ] was highlighted wherein department issued demand notice for recovery of interest and also served a letter for […]

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Changes in GST Registration Process WEF 21st August 2020

CBIC has issued Notification No 62/2020 – Central Tax dated 20th August, 2020 modifying the process for grant of GST Registration. While making a GST application, an applicant may now get the same authenticated with his Aadhar Number. If the registration authority does not take any action (does not issue any SCN) within 3 days […]

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GST Updates | 22 August 2020

1. GST DEADLINES 1.1. Deadlines- 30th Sep 2020 -GST Audit and Annual return (GSTR-9 and GSTR-9C) due date 30th Sep 2020 for FY 18-19. For regular taxpayers whose Aggregate Turnover during the financial year is more than Rs 5 Crore. -GST Annual Return (GSTR-9) optional for taxpayers with Aggregate Turnover less than Rs 2 crore. […]

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Revised CBIC guidelines for conduct of personal hearings in virtual mode

Revised guidelines for conduct of personal hearings in virtual mode under CGST Act, 2017, IGST Act, 2017, Customs Act, 1962, Central Excise Act, 1944 and Chapter V of Finance Act, 1994 - regarding

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Guidelines for Virtual Hearing by CBIC

The Central Board of Indirect Taxes & Customs (‘CBIC’), vide Instruction dated 21st August 2020, has made it mandatory for the adjudicating, appellate and compounding authorities to conduct personal hearing through video conferencing facility. This mandate has been made applicable to any proceedings under the Customs Act 1962, Central Excise Act 1944, Chapter V of […]

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Aadhar Authentication Process Rolled In for GST Registration

Aadhaar Authenticatiobn process has been introduced, for the persons applying for GST registration as Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service Distributor (ISD)/ SEZ Developer/ SEZ Unit etc, in Form GST REG 01.

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Aadhaar or Physical premises verification mandatory for GST registration

Aadhaar verification or Physical verification of premises mandatory for GST registration from 21.08.2020 (Notification 62/2020 ) 1) CBIC has issued Notification No 62/2020-Central Tax dated 21st August 2020 which seeks to make Tenth amendment to the CGST rules. These rules may be called the Central Goods and Services Tax (Tenth Amendment) Rules, 2020. 2) These shall […]

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Advance Ruling | Section 18(3) | Credit in case of Sale, Transfer, Merger & Amalgamation

Overview Of Sec 18(3) –  Availability of credit in special circumstances (3) Where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the […]

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Job Work under GST- A Comprehensive Study

Job work sector constitutes a significant industry in Indian economy. It includes outsourced activities that may or may not culminate into manufacture. The term job work means processing of goods supplied by the principal. The whole idea is to make principal responsible for meeting compliances on behalf of the job worker on the goods processed […]

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Furnishing of Return by Composition Dealer | Section 39(2) | CGST Act 2017

GST Series – Part 26 – Furnishing of Return by Composition Dealer under GST– Section 39(2) of CGST Act 2017 1. The taxpayers who have opted GST Composition scheme are required to file only one return in every financial year. 2. Statutory Provisions- Section 39(3) A registered person paying tax under the provisions of section 10, […]

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Section 171(3A) penalty cannot be imposed retrospectively: NAA

Sh. Pushpak Chauhan Vs Harish Bakers & Confectioners Pvt. Ltd. (NAA) Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171(1) which have come in to force w.e.f. 01.01.2020, by inserting Section 171(3A). Since, no penalty provisions were in existence between the period W.e.f. […]

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Subway Franchisee found Guilty of Profiteering: NAA

Director-General of Anti-Profiteering Vs Lite Bite Travel Foods Pvt. Ltd (National Anti-Profiteering Authority) The application had been filed under Rule 128 of the CGST Rules 2017, alleging profiteering in respect of restaurant service supplied by the Respondent (Franchisee of M/s. Subway Systems India Pvt Ltd.). In the application. it was alleged that despite the reduction […]

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No penalty for denying ITC benefit to Customers prior to 01.01.2020: NAA

Sh. Varun Goel Vs Director General of Anti-Profiteering (National Anti-Profiteering Authority) Penalty for not issuing an invoice or for issuing an incorrect or false invoice in respect of any supply of goods or services or both is not covered under Section 171(1) It is apparent from the perusal of Section 122 (1) (i) that the […]

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Allow to submit GST TRAN- 1 Form electronically or manually: HC

M/s. Sri G K Exim Vs Deputy Commissioner (Andhra Pradesh High Court) In W.P. No. 3298 of 2019, a similar issue came up before the Division Bench of this Court for consideration. Relying upon the judgments in Uninav Developers Pvt Ltd., v. Union of India & Others [2019-VIL-367-DEL], Bhargava Motors v. Union of India [2019 […]

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Refund of IGST paid on supply of goods to Outbound Tourist leaving India

Section 15 of IGST  deals with refund of IGST paid on supply of goods to tourists leaving India (International Tourist) under Integrated Goods and Services Tax (IGST). Section 15 of the IGST Act provides for refund to be allowed to ‘tourist’ on supply of goods being taken along by him at the time of leaving […]

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GST on additional facilities provided with accommodation services

In re Sri DMS Hospitality Private Limited (GST AAAR Karnataka) As regards the taxability of the charges for the additional facilities provided by the Appellant to Sodexo Food Solutions, it is seen that in terms of the agreement, the Appellant charges an amount of Rs 1,22, 893/- towards the following facilities:- (i) Washrooms and toilets […]

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Services for facilitating supply of products without supply on own account is intermediary services

In re Rajendran Santhosh (GST AAAR Karnataka) In the pre-GST regime, an intermediary referred to a person who facilitates the provision of a main service between two or more person but did not include a person who provided the main service on his account. Similarly, in the GST regime, an intermediary refers to a person […]

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18% GST on commercial services to electricity distribution companies

Services being provided by the Applicant to BESCOM, MESCOM and HESCOM by way of construction erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation or alteration of a civil structure or any other original works must predominantly be for use other than for commerce, industry, or any other business or profession.

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Bus pass is not an actionable claim and liable to GST: AAAR

We do not agree with the claim of the Appellant that the bus pass is an actionable claim not liable to GST. We agree with the ruling given by the lower Authority and hold that by virtue of Section 15 of the CGST Act, the value of the service supplied by the Appellants will include the value of the bus passes as well as the facilitation charges.

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GST on Online Supply of educational material to educational institutions

The supply of services in the nature of subscription to the J-Gate by the educational institutions is eligible for exemption from GST under sub-item (v) of item (b) of serial no.66 of Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 2/2018- Central Tax (Rate) dated 25.01.2018.

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‘A la carte’ services relating to employee relocation is neither a composite nor a mixed supply

The ‘a la carte’ services provided by the appellant, relating to employee relocation is neither a composite supply nor a mixed supply in view of our discussions above.

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Warranty services with Volvo bus supply is composite supplies: AAAR

The activities performed by the Appellant with regard to repair and servicing of Volvo vehicles for Indian customers during the warranty period is an activity amounting to a composite supply of goods and service for Volvo Sweden with the principle supply being a supply of service. The recipient of the supply of service is Volvo Sweden.

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Pattadar Pass Book cum Title Deed classifiable under CH 4820: AAAR

In re Manipal Technologies Limited (GST AAAR Karnataka) Section 6B of the Telangana Records of Rights in Land and Pattadar Passbooks Act, 1971 mandates that any person effecting transaction on the land such as sale or purchase or mortgage, such sale or purchase or mortgage document has to be registered before the registering authority by […]

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Offences & Penalties | Section 129 | CGST ACT 2017

Section 129 provides for the basis relating to detention of goods or conveyances or both in case of certain defaults under GST law. Detention means keeping or holding back either by force or otherwise; Confiscation means to appropriate to the Government account Seizure means to take forcible possession of.

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GST exemption on Services relating to rearing of all life forms of animals

In re George Jacob (GST AAR Kerala) Services relating to rearing of all life forms of animals by way of renting or leasing of vacant land is eligible for GST exemption Whether lease rent charged by the municipality for land i.e., water channel used for fish farming falls within the meaning of “services relating to […]

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Cast protector cannot be considered as a pharmaceutical product: AAR

In re Dynamic Techno Medicals Pvt. Ltd. (AAR Kerala) Whether Cast Protector falls under HSN tariff item 9021.10.00 as a fracture appliance? Cast Protector is not a pharmaceutical product. It is a reusable waterproof plastic covering with synthetic rubber diaphragm. It Can be used to keep casts, bandages, burns, wounds, abrasions, dressings, ulcers etc dry […]

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Services for construction of low cost housing units liable to 12% GST

In re Habitat Technology Group (GST AAR Kerala) i. Whether the services provided by the applicant to Sri Sathya Sai Trust for construction of low cost housing units for flood-affected individuals in Kerala fall within the ambit of Serial number (i), (v) or (va) of Notification No. 11/2017-CT(R) dated 28.06.2017 as amended by Notification No. […]

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Co-op Credit Society eligible for 50% ITC- Section 17(4) of CGST Act

Whether the applicant is eligible for availing the option provided under Section 17(4) of the CGST Act which prescribes to avail an amount equal to 50% of eligible credit of input tax, on inputs, capital goods and input services in that month and the rest shall lapse.

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ITC benefit passing requirement is outside the purview of AAR

In Re Shriram EPC Limited (GST AAR Kerala) The issues raised in the instant application is regarding the requirement of the passing over of the benefit of ITC on goods lying in stock as on the appointed date i.e; 01.07.2017 and in respect of the goods procured after the appointed date, which is outside the […]

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Confusion on availability of ITC for Air Conditioning plant

Litigation Confusion created by considering supply of air conditioning plant as a composite supply in case of ruling passed by AAR (Maharastra) for M/s Nikhil Comforts. As GST is a single tax levied across India (right from manufacture of goods/ services till it reaches the end customer), the chain does not get broken and everybody […]

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Why income tax website is showing GST DATA

CBDT MOU with CBIC has resulted in income tax website now showing GST data of a taxpayer. As discussed above, the sharing of information was to avoid tax evasion and increase reporting of turnover. This sharing of information includes tracing non-filers under the Income Tax Act, 1961 and the Goods and Services Act, 2017.

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Provisions Governing Appeals under GST

APPEALS UNDER GST  (PROVISIONS GOVERNING APPEALS UNDER THE CENTRAL GST ACT, 2017 WHICH ARE APPLIED TO THE STATE/UT GST ACT, 2017 & THE INTEGRATED GST ACT, 2017 MUTATIS MUTANDIS.) HIERARCHY OF APPEALS UNDER GST > The First Appeal can be filed against an order issued by Adjudicating Authority to Appellate Authority by Assessee within 3 […]

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New GST Provision Effect on Gold Jewellery

A panel of State Finance Ministers veered around to agree on a proposal to levy 3% GST on sale of old gold and jewellery to check tax evasion, Kerala Finance Minister Thomas Isaac said. The Group of Ministers (GoM) also decided to implement the e-way bill system for transportation of gold within a State.

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TDS under GST – Section 51 – CGST Act 2017: A Detailed Study

Deduction of taxes at source has been an integral part in the history of Indian Income Tax. However the concept of TDS has also been incorporated in the GST Act