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Showing posts from September, 2020

Refund of input services not available under inverted duty structure – Madras High court

Recently a ruling has been passed by Madras High court wherein it has been held that 54(3)(ii) does not infringe Article 14 and thus refund of only inputs is available under inverted duty structure (IDV) (section 54(3)(ii). This judgement is in contrast to the judgement of Gujarat high court in case of VKC Footsteps.  VKC […]

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A Critical study of issues involved in Accounting for GST & Reversal of GST u/s 16(2) of GST Act on non-payment of invoice within 180 days

A Critical study of the issues involved in Accounting for GST & Reversal of GST u/s 16(2) of the GST Act on non-payment of invoice within 180 days It is the cardinal principle of law that no one can make either profit or losses from the revenue which he collects on behalf of the government. […]

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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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No Order Passed on Same Day of Hearing without Waiting for Assessee till End of Working Day

whether passing the final assessment order on the same day when the matter was listed for hearing without waiting for the assessee till the end of the working day is justified in law?

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GST paid under Reverse charge is eligible for certification

Andhra Pradesh: Clarification on whether the eligibility of tax paid under Reverse charge, under GST is eligible for certification of payment of Tax for the purpose of reimbursement under Industrial Investment Promotion Policy, 2015-20 GOVERNMENT OF ANDHRA PRADESH REVENUE (COMMERCIAL TAXES-II) DEPARTMENT OFFICE OF THE CHIEF COMMISSIONER STATE TAXES, ANDHRA PRADESH File No. REV03-14023/3/2018-AC – […]

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Power of States for Levy and Collection of GST

In my personal opinion, provisions as recommended by the Goods and Services Tax Council of India (hereinafter referred to as the GST Council) for levy and collection of goods and services tax (hereinafter referred to as the GST) by the States are not in conformity with the relevant provisions of the Constitution of India (hereinafter […]

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Recent Updates in GST till 24th September 2020

E-invoicing is going to commence from 1st October, 2020 but now various industry bodies including MNC’s have sought its deferment at least till January, 2021 for want of proper preparedness , i.e. to develop requisites technical capabilities and festive season ahead.

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No Penalty for Not Generation of E-way Bill – Section 129

Absence  of  e-way  bill  or  non generation of e-way bill, being a technical mistake or breach may be contravention  of  the  rule  138  &  138A  as  such  it  will  result  into imposition of penalty Rs. 10,000/.

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GST on Sale/transfer/disposal of Capital Goods – A new pandora box under GST!

This article is penned down to enlighten the implications in respect of capital goods that are lost, stolen, destroyed or disposed by way of gift and sale of capital goods under Goods and Services Tax Act, 2017. Page Contents ♦ Meaning of Capital Goods ♦ Meaning of Supply in context to “Transfer/Disposal of Capital Goods” […]

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GST: Taxpayers can demand copies of Seized Documents during Search: HC

Rajive And Company  Vs. Assistant Commissioner Special Circle (Kerala High Court) Petitioners will no doubt be entitled to seek copies of the documents seized from their premises, if and when they are confronted by the respondents with any notice or other proceeding, wherein reliance is placed on the said seized documents. I, therefore, make it […]

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Allow petitioner to upload appeal on GST Web Portal on payment of agreed tax, interest & penalty: HC

Sanyog Construction Private Limited Vs State of Bihar (Patna High Court) Learned Counsel appearing for the State, states that if the petitioner deposits the amount towards tax, interest, fine, fee and penalty as admitted by him and also a sum equal to 10% of the remaining amount of tax in dispute arising from the impugned […]

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Law and taxation books at 40% Discount

CHECK OUT OUR EXCLUSIVE DEALS ♠ Kanga & Palkhivala Law And Practice Of Income Tax, 2020 = 37% ♠ GST Law Analysis & Procedure 2020 2 Vol. Set Up to date commentary by CA. Chitresh Gupta & CA. Shilpi Gupta, August 2020 = 40% ♠ Chaturvedi & Pithisaria’s Law Of Income Tax,2020 = 30% ♠ […]

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Inverted duty structure- Section 54 not violates Article 14- HC

1) Section 54(3)(ii) does not infringe Article 14. (2) Refund is a statutory right and the extension of the benefit of refund only to the unutilised credit that accumulates on account of the rate of tax on input goods being higher than the rate of tax on output supplies by excluding unutilised input tax credit that accumulated on account of input services is a valid classification and a valid exercise of legislative power.

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Revocation of GST registration Cancellation by 30th Sep 2020

Revocation of GST registration Cancellation by 30th September 2020 We have seen many registrations being cancelled due to returns not being filed beyond 6 months by the tax payer. Cancellation of GST registration Suo motu by officer as per Section 29(2) of CGST Act 2017 are 1. A person paying tax under Composition levy has […]

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GST E-Invoice Implementation: In Depth Study

GST E-Invoice Implementation: In Depth Study- Part-1 This video discusses on understanding the nitty gritties of GST E-Invoice implementation including – 1. The need to integrate the GST-Portal, E-Waybill Portal and IRP data. 2. Understanding Form GST INV-01. 3. Understanding QR Code Composition, encryption & Decryption. 4. Other issues and points critical to GST E-Invoice Implementation GST E-Invoice Implementation: In […]

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Intricacies of TCS on Sale of Goods From 1st October 2020

Intricacies of TCS on Sale of Goods From 1st October 2020 – Part 1 This video discusses : 1. Analysis of Sec 206C(1H) of Income Tax 2. Effect on Invoicing from 1st October 2020 3. TCS on GST OR GST on TCS 4. TCS on Stock Transfers 5. Buyer Categorization Issue in ERP 6. Probable […]

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Liability to pay taxes under RCM covered under Composition Scheme

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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Whether GST on Joint Development Agreement (‘JDA’) is liable or not?

Joint Development Agreements (‘JDA’) are normally entered into either on revenue sharing basis or area sharing basis. In area sharing agreement, Landowners enter into an agreement with the Developer, whereby, the Landowner gives development rights to construct or develop a complex to the developer. In return, developer agrees to assign a portion of the constructed […]

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Canteen Facility To Employees Under GST

1. The taxability of the ‘Canteen Facility’ to the employees is an area of dispute. It has become more confusing in the light of decisions held by Advance Rulings Authorities. In this article, an attempt has been made to analyze the taxability of canteen facility & ITC availability in a different scenario. 2. Scenario A: […]

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T. R. Ramnani appointed as member of Advance Ruling Authority, Maharashtra

Shri. T. R. Ramnani has been appointed as member of Advance Ruling Authority in place of Shri. A. A. Chahure. FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 14th September 2020. NOTIFICATION MAHARASHTRA GOODS AND SERVICES TAX ACT, 2017. No. GST.1020/C.R.84/Taxation-1.— In exercise of the powers conferred by section […]

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‘Matching Offline Tool’ for matching GSTR 2B with purchase register- FAQs & User Manual

GSTN released FAQ & User Manual on ‘Matching Offline Tool’ for matching GSTR 2B with purchase register GSTN has released FAQ and user manual on Matching Offline Tool which facilitates matching of auto drafted details in Form GSTR-2B with purchase register. The document contains detailed set of FAQs on the usage of offline tool such […]

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SOP | Conduct of Search & Seizure | Section 67(2) | APGST Act 2017

The search of a place and seizure of goods/documents/books/things is conducted in terms of Section 67(2) of APGST Act, 2017. The search and seizure, if necessary, can be conducted after conducing of inspection under Section 67(1) or otherwise. The procedural aspects are dealt under Rule 139 of APGST Rules, 2017.

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Details of reasons for revenue shortfall in GST

(a) the details of reasons for revenue shortfall in the Goods and Services Tax (GST); (b) the details of options available to the States like Tamil Nadu to meet the revenue shortfall in GST collections and the objections from the States for the options;

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Using Matching Offline Tool to compare ITC auto drafted in Form GSTR-2B with Purchase Register

An offline tool has been made available to the taxpayers to match Input Tax Credit (ITC), as auto populated in their Form GSTR-2B, with their purchase register. This tool will help the taxpayer to compare their ITC as per their Purchase Register, with the ITC as shown available in their auto drafted Form GSTR-2B and thus help them to claim correct ITC, while filing Form GSTR-3B.

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Join GST & Income Tax Course at Upto 50% Discount

Join Online Self-Learning GST and Income Tax Course at up to 50% discount till 30th September 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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Now download E-Way bills for one month period in one go

New enhancement allows downloading E-Way bills for one month period in one go – The facility was earlier available for the period of 5-days interval. – User can download E-way bill using the Reports tab in E-way bill portal – The facility is aimed to provide relief to taxpayers and transporters E-way bill, a document, […]

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An Overview of E-Invoicing Under GST

1. Introduction: E-Invoice is a standard format of the invoice recommended by the GSTN for the GST registered suppliers. There is a myth or misconception that e-invoicing means the generation of invoices from a central portal of the tax department (GSTN Portal). 1.1 E invoice does not mean the generation of invoices from a central […]

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Extend due date for GSTR 9 & 9C of Financial Year 2018-19

Request to grant Extension for GSTR 9 & 9C - Financial Year 2018-19 from 30.09.2020 to 31.12.2020 on behalf of all the stakeholders of the country be its Professionals, CAs, CMAs, SME Industries, Big Companies, Associations or any advisors etc

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GST applicability on member’s club

GST applicability on member’s clubs There are lot of debates still going on relating to applicability of GST on member’s club in the context of Supreme Court larger bench decision [landmark decision] in the case of State of West Bengal & Ors. Vs Calcutta Club Limited [Civil Appeal No. 4184 of 2009] and State of […]

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An Overview of E-Invoicing Under GST

1. Introduction: E-Invoice is a standard format of the invoice recommended by the GSTN for the GST registered suppliers. There is a myth or misconception that e-invoicing means the generation of invoices from a central portal of the tax department (GSTN Portal). 1.1 E invoice does not mean the generation of invoices from a central […]

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GST not payable on damages/compensation paid for a legal injury

Bai Mamubai Trust Vs Suchitra (Bombay High Court) In the present case, where the Plaintiff has made out a strong prima facie case and the Defendant has not been able to demonstrate any semblance of right to occupy the Suit Premises, it cannot be said that the Defendant’s occupation pursuant to an Order of the […]

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Extend due date for GSTR 9 & 9C of Financial Year 2018-19

Request to grant Extension for GSTR 9 & 9C - Financial Year 2018-19 from 30.09.2020 to 31.12.2020 on behalf of all the stakeholders of the country be its Professionals, CAs, CMAs, SME Industries, Big Companies, Associations or any advisors etc

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GST applicability on member’s club

GST applicability on member’s clubs There are lot of debates still going on relating to applicability of GST on member’s club in the context of Supreme Court larger bench decision [landmark decision] in the case of State of West Bengal & Ors. Vs Calcutta Club Limited [Civil Appeal No. 4184 of 2009] and Chief Commissioner […]

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Inter/Intra State & Territorial Waters Supply under IGST

Simplified GST Series – Section 7- IGST Act, 2017 – Inter State Supply (1) Subject to the provisions of section 10, supply of goods, where the location of the supplier and the place of supply are in–– (a) two different States; (b) two different Union territories; or (c) a State and a Union territory, shall be treated […]

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Request to extend due date of GSTR 9 & 9C for F.Y. 2018-19

Ae would like to humbly request your honour to kindly extend the due date of filing GSTR 9 and GSTR-9C for the Financial year 2018-19.

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Cost recovery from employees – Whether taxable & ITC implications

1. An employer may be providing certain facilities (e.g. transportation, canteen, etc.) to its employees as part of the employment contract. For the sake of maintaining accountability, the employer may also be recovering a certain portion of the cost incurred from the salaries payable to the said employees. Now the following issues will arise in […]

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Few relevant queries & solutions relating to GSTR-9 for 2018-2019

1. Whether the figures of supply made during 2017-18 but disclosed and tax paid in 2018-19 will be reported under the Table 4 of 2018-2019? While preparing the GSTR-9 for 2017-18, the said amount of under reporting must have been shown in Table 10 of the GSTR-9 of 2017-18. Table 4 of GSTR-9 of 2018-19 […]

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No Coercive Action by DGGI Without a Weeks Prior Notice: Delhi HC

No Coercive Action by DGGI against Respondent Without a Weeks Prior Notice: Delhi HC

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B2B e-invoice QR Code vs. B2C Dynamic QR Code: Know the Differences

IRP-generated QR Code on B2B & Export Invoices, Credit & Debit Notes Vs. Self-generated Dynamic QR Code on B2C invoices It is observed that there are frequent queries on QR Codes to be mentioned on invoices as per statutory provisions. Below note summarises the comparative position: IRP-generated QR Code on B2B & Export Invoices, Credit […]

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GST e-invoice/IRN System

The GST Council, in its 37th meeting held on 20th September, 2019, approved introduction of electronic invoice (‘e-invoice’) in GST in a phased manner. Accordingly, steps have been initiated to introduce 'e-invoicing' for reporting of Business to Business (B2B) invoices, beginning from 1st January, 2020 on voluntary basis.

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GST- TDS : Provisions Explained

Like the Income Tax Act, provisions for the Tax Deduction at Source (hereinafter referred to as TDS) have also been incorporated in GST Acts. Section 51 of the CGST Act, 2017 empowers the government to provide for deduction of certain amount as TDS in the hands of prescribed persons i.e Central Government, State Governments or […]

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Refund on Inverted Tax Rate Structure-Anomaly Persists!!

INTRODUCTION: Under the Central Goods and Services Tax Act, 2017 normally, the refund provisions under Section 54 of the Act applies in the following cases :- 1. Zero Rated Supplies (Exports to a country outside India & Supplies to SEZ). 2. Inverted Tax Rate Structure. “Inverted Tax Rate Structure” means a situation when there is […]

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Good news for taxpayers – Much awaited option “Consolidated Debit/Credit note” enabled on GST portal

This article is penned down to discuss the impact of much awaited consolidated credit/debit note issued under GST. Section 34 of the Central Goods and Services Act, 2017, which deals with Credit/Debit note under GST law is reproduced below: 34. (1) Where a tax invoice has been issued for supply of any goods or services […]

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GSTR 9 and GSTR 9C for FY 2018-19 due date, applicability & its relaxations

The due date of filing the GSTR 9 Annual return and GSTR 9C Audit for FY 2018-19 is 30th Sept 2020 [NN 41/2020 – CT] – However it may extend to December 2020 due to the COVID outbreak and there having several representations made for the same. Applicability of GSTR-9 and 9C for FY 2018-19 […]

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Recent GST updates and due dates

The GST law and GSTN portal has been changing a lot in recent times. Some of such important changes and upcoming due dates are highlighted below for your quick reference. Changes includes Implementation of E-Invoicing w.e.f 1st October 2020, Implementation of GSTR 2B – The new auto-populated statement of Invoices, END of COVID relief for […]

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ITC on Lift available or not under GST

Lift is not a machine , it is part of Building, is it true . is the ITC claimable on purchase of Lift . Let us discuss whether lift is machine or Building only we would reach to conclusion of ITC is eligibility. Section 17(5) blocks credit of works contract and goods or services received […]

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GST E-invoicing system for E-Commerce Operators

The e-invoicing system is also available for the E-Commerce Operators (ECO) to report the invoices to the Invoice Registration portal, generated by them on behalf of the suppliers. The e-invoicing system identifies the e-Commerce operators based on the taxpayer type in the GST registration details. The taxpayer having the type as ‘TCS’ will be enabled […]

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GST e-invoice System- All you want to know with FAQs

Background The GST Council, in its 37th meeting on 20th September 2019, has recommended introduction of electronic invoice (‘e-invoice’) in GST in a phased manner. (While the initial date for roll out was 1st April, 2020, the Government had notified 1st October, 2020, as revised date for implementation of e-invoicing.) GST e-invoice System is a path-breaking […]

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Reporting liabilities in GSTR-9C – Few issues

The due date for filing the GSTR-9C is fast approaching for FY 2018-19. As on the day of writing this article, the due date is 30th September 2020 which is expected to get extended further due to the present pandemic situation. Many of the audit and auditee staff are yet to return to their offices […]

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Cash can be Seized in GST Search Since Its Included in Definition of ‘Things’

The issue under consideration is whether seizure of the cash amount to the tune of Rs 66 lakhs by Senior Intelligence Officer at the time of Search Operation is justified in law?

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Recovery of GST under IBC provisions

GST department cannot take shelter under the decision of Electro Steels Limited versus State of Jharkhand as it a special case. Notification for taking fresh registration by the RP/IRP would act as deemed intimation for the revenue confirming the assessee is under insolvency proceedings.

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Bogus GST ITC- HC rejects bail to prevent Tampering of Evidence

Mr. Ashok Kumar Vs Commissioner CGST & Central Excise (Bombay High Court) Taking into consideration, the facts of the case, though the officers under the CGST Act, cannot seek custody of the arrested persons for completing the investigation, respondent’s contention that applicant’s detention in custody is necessary to prevent him from causing the evidence of […]

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GST liability on moulds, dies supplied but not despatched

Government should consider providing the benefit of zero tax even for the dies and moulds manufactured for further use in manufacture of goods for export. There are few countries who have already made such goods GST free.

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GSTR 9 and GSTR 9C Effects

Effects of Different Situations under GST  relevant to Sales Invoice, Sales Debit Note, Sales Credit Note, Purchase Invoice, Purchase Credit Note and Purchase Debit Note assuming following two situations- Assuming Invoices and Debit/Credit Notes Entered In Books Assuming Invoices and Debit/Credit Notes Not Entered In Books

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Proposed change to term intermediary services as export of services

Representation made in ST & GST era have landed on deaf ears for intermediary to be considered as exports from India This is not in line with the EU best practice which seeks to avoid double taxation.

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CPC TDS Wing is not an ‘External Agency’ for CBDT Circular

ITO Vs Ajmer Vidhyut Vitran Nigam Ltd (ITAT Jaipur) Exception 10(e) to the aforesaid CBDT Circular relates to cases where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ ED/ DRI/ SFIO/ Directorate General of GST Intelligence (DGGI). In the instant case, the assessee has […]

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GST on Licensing services for right to use minerals including its exploration & evaluation

In re Giriraj Quarry Works (GST AAR Gujarat) (i) What is the classification of service provided in accordance with Notification 11/2017-CT (Rate) dated 28.06.2017 read with annexure attached to it, , for which royalty is being paid. Ans. The activity undertaken by the applicant is classifiable under Heading 9973 (Leasing or rental services, with or […]

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GST payable on service for maintenance of accounts to SSNNL

In re Dhirubhai Shah & Co. LLP (GST AAR Gujarat) The professional service for maintenance of accounts and allied items of work provided to  SardarSarovar Narmada Nagar Limited (SSNNL ) { A Government of Gujarat undertaking) by the applicant is a taxable service under Section 9 (1) of The CGST Act, 2017 or exempted vide […]

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GST on body building on chasis of motor vehicle owned by others

In re AB N Dhruv Autocraft (India) Pvt. Ltd (GST AAR Gujarat) A. Whether the treatment or process of body building by fabrication and other processes carried out on chasis of motor vehicle owned by others is supply of services? Ans. In case the applicant received the chasis from the principal on Job work challan/ […]

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Maize Bran cannot be considered as a ‘cattle feed’ by definition

In re Sayaji Industries Ltd. (GST AAR Gujarat) Maize Bran is used as a major supplement for cattle feed. The word ‘supplement’ is defined in dictionary as “a thing added to something else in order to complete or enhance it.” Therefore, Maize Bran is a product which is added to cattle feed to complete it […]

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GST registration applicability to franchisees of taxable person

In re Patrator (GST AAR Gujarat) On going through the said clauses of the agreement, it is observed that the applicant is required to fulfill the requirements of infrastructure and manpower before commencement of operations of the Centre as per the instructions of the Company and will continue to possess it during the whole tenure […]

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GST on educational assessment examination services to school

In re Educational Initiative Pvt. Ltd. (GST AAR Gujarat) (i) Whether the educational assessment examination (ASSET) with its variants) provided by the applicant to school/educational organization is exempted from payment of GST under Sr. No. 66(b)(iv) of the Not. No. 12/2017-CT (rate) dated 28.06.2017 and entry No. 69(b)(iv) of Not. No. 9/2017-Integrated Tax (Rate) dated […]

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GST payable on Supply of residential flats before date of completion certificate

In re V 2 Realty (GST AAR Gujarat) Question 1. Whether selling of residential flats after date of completion certificate of commercial shops or after first occupancy in building is exempt supply? Ans. During the personal hearing, the applicant himself stated that they didn’t receive Completion Certificate in respect of their residential building (units). They […]

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GST exemption to Nimba Nature Cure Village on Naturopathy services

In re Oswal Industries ltd.( M/s. Nimba Nature Cure Village) (GST AAR Gujarat) The applicant M/s. Oswal Industries ltd. (M/s. Nimba Nature Cure Village) is not eligible to get the benefit of entry No.74 of exemption Notification No.12/2017-Central Tax (Rate) dated 28.06.2017. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, GUJARAT The applicant M/s. […]

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5% GST Payable on ‘Maize Bran’: GST AAR Gujarat

In re Gujarat Ambuja Exports ltd. (GST AAR Gujarat) The product ‘Maize Bran’ manufactured and supplied by M/s. Gujarat Ambuja Exports ltd. is covered under Entry Sr.No.103A of Notification No.1/2017-Central Tax (Rate) dated 28.06.2017 of the CGST Act, 2017 on which rate of GST chargeable is 5% (2.5% SGST + 2.5% CGST). FULL TEXT OF […]

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12% GST Payable on Products ‘Rhyzomyx’ & ‘Rhyzomyco’

In re Novozymes South Asia pvt.ltd (GST AAR Gujarat) The products ‘Rhyzomyx’ and ‘Rhyzomyco’ manufactured and supplied by M/s. Novozymes South Asia pvt. ltd., is covered under Entry Sr.No.61 of Schedule-II of Notification No.1/2017-Central Tax (Rate) dated 28.06.2017 of the CGST Act, 2017 on which rate of GST chargeable is 12% (6% SGST +6% CGST). […]

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Micromanipulator System falls under Tariff item no. 9011

In re Shivani Scientific Industries (GST AAR Gujarat) The product ‘Micromanipulator system’ manufactured and supplied by M/s. Shivani Scientific Industries pvt.ltd. is classifiable under Tariff item no. 9011 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).   The said product  is covered under Entry No. 184 of Schedule-IV of Notification No.01/2017-Central […]

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GST on reimbursement of Fuel Charges in the course of rental services of aircraft

In re Global Vectra Helicorp ltd. (GST AAR Gujarat) In terms of the valuation provisions under GST legislation, amount recovered as reimbursement (at actual) by the applicant M/s. Global Vectra Helicorp ltd. from the customer, for the fuel procured on behalf of the Customer is required to be included in the value of services provided by […]

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‘Fly Ash Bricks’ classifiable under Tariff item No. 68159910

In re Dipakkumar Ramjibhai Patel (GST AAR Gujarat) Whether supply of Fly Ash Bricks and Fly Ash Blocks are covered under Chapter heading 68159090 and liable to taxed @ 5% and @ 12% respectively under the GST Act? (1) The product ‘Fly Ash Bricks’ manufactured and supplied by Dipakkumar Ramjibhai Patel (M/s. Mahalaxmi Cement products) […]

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Sprayer pumps (manually operated) falls under HSN 84248100

In re Adarsh Plant Protect ltd. (GST AAR Gujarat) Determination of the liability to pay tax on any goods or services or both.( ‘Sprayer pumps’ (manually operated), Stoves) (1) The product ‘Sprayer pumps’ (manually operated) manufactured and supplied by M/s. Adarsh Plant Protect ltd. are classifiable under Tariff item No.84248100 of the First Schedule to […]

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HC accepts WRIT on ITC blockage due to non-filing of GSTR 3B

Kalpsutra Gujarat Vs Union of India (Gujarat High Court) HC issued notice to the department to understand from the respondents whether the omission on the part of the third party (Seller) in filing the GSTR-3B for the relevant period would be sufficient to block the Input Tax Credit of the writ applicant. We would also […]

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GST e Invoice- NIC released updated APIs with improved validations

Version 1.03:  Date: 08/09/2020 1. Help section of e Invoice portal has been updated with new documents. 2. The following Improvements have been done in Validations in IRN Generation API. In case of Credit Note and Debit Note, tax rate can be passed with any value. Passed IGST Value of Item will not be validated […]

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4 important Videos on GST Credit & RCM liability

Videos on multiple topics of Outward supply and GST ITC for preparation & hand holding of GSTR 9/GSTR 9C for FY 2018-19.  These videos are very important for basic understanding of taxpayers, professionals, etc. Speaker in the all the Videos is Learned CA Bimal Jain. Videos are on following for Topics- 1. Reconciliation of GST […]

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Update regarding enabling on GST e-invoice portal

As a facilitation measure, all the taxpayers who were having aggregate turnover of Rs. 500 Cr. (from 2017-18 onwards) were enabled on e-invoice portal https://ift.tt/2XvnB19. The listing is based on GSTR-3B data, as available in GST System.

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GSTR-2B: Everything you need to know

What is Form GSTR-2B ♦ GSTR-2B is an auto-drafted ITC statement generated for the buyer on the basis of the information furnished by his suppliers. ♦ It also contains information on import of goods from the ICEGATE system including inward supplies of goods received from Special Economic Zones Units / Developers. (This feature will be […]

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Defer due date of implementation of E-Invoicing under GST

Requests to defer due date of implementation of E-Invoicing up to 1st January 2021 for convenience of the tax payers as well as increasing transparency in GST.

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Permit availment of ITC under GST pertaining to FY 2019-20: ICAI

Request for permitting availment of input tax credit under GST pertaining to Financial Year 2019-20 and correction in GSTR- 1 till March, 2021. Institute of Charted Accountant of India ICAI/IDTC/2020-21/Rep/16 10th September, 2020 Shri S.K Rahman Joint Secretary, Goods and Services Tax Council, 56′ Floor, Tower II, Jeevan Bharti Building, Janpath Road, Connaught Place, New […]

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Permit ITC availment for period till 31.03.2020 upto 31.12.2020

Request for permitting taxpayers for availment of Input Tax Credit under GST under section 16 up to the period completed on 31st March 2020 up to 31st December 2020.

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Most untouched Provision under GST Audit

The Goods and Services Tax (GST) regime, ‘mother of all tax reforms’ in India, has completed three years on July 1, 2020. The GST which was expected to create utter chaos and uncertainty for at least the next 4 to 5 years, as the initial response to the compliance platform designed by GSTN was too […]

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Shiva Parvathi Theater guilty of not passing GST reduction benefit: NAA

Principal Commissioner Vs Shiva Parvathi Theatre 70 MM (NAA) The main issues to be examined in the present matter were whether the GST rate on Services by way of admission to exhibition of cinematography films where price of admission ticket is above one hundred rupees” was reduced from 28% to 18% w.e.f. 01.01.2019 and Services […]

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Inox Leisure Guilty of Profiteering: NAA

The main issues to be examined in the present matter were whether the GST rate on Services by way of admission to the exhibition of cinematograph films where the price of admission ticket was above one hundred rupees was reduced from 28% to 18% w.e.f. 01.01.2019

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Draft GST Appeal in case of Fake Invoice Case with detailed submission

Article gives format of Draft GST Appeal to Appellate Authority in case of Fake Invoice Case. Format includes Format of Form GST APL – 01 with detailed submission. Form GST APL – 01 [See Rule 108(1)]  Appeal to Appellate Authority   1. GSTIN/TEMPORARY ID/UIN XXXXX 2. Legal name of the appellant XXXXX  3. TRADE NAME, IF […]

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GST applicability on GTA – In simple terms

Mere transportation of goods by road, unless it is a service rendered by GTA, is exempt from GST vide Sl no 18 of Notification No: 12/2017-Central Tax (Rate), dated 28.06.2017. The law recognises that pure transportation of goods services are mostly provided by persons in the unorganised sector (by Individual truck/tempo operators who do not issue any consignment note) and hence has specifically excluded such operators from the tax net.

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GST Trans-1 Form to be Accepted either Electronically or Manually Within 30 Days

In its recent ruling on September 9, 2020, the Andhra Pradesh High Court has reached a judgment out of a writ petition filed under Article 226 of the Constitution and ordering the respondent authority to permit acceptance of GST TRANS-1 to form either electronically or manually within a period of 30 days. Facts of the Case- The […]

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Is FORM GST DRC -07 being basis for determination of penalty – section 73?

Goods and services tax regime brings alot of seamless flow in indirect tax regime. However, due to current developments and technology advancement it is very important to built a computerized network. hence, to bring the drastic change CBIC has developed GSTN (Goods and services tax network) to enhance durability and efficiency in indirect taxation. Due […]

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CBIC promotes 38 Officers to Principal Commissioner Grade

The President of India is pleased to empanel and promote the following officers to the grade of Principal Commissioner of Customs and Central Excise in the Indian Revenue Services (Customs & Central Excise), in Level 15 of the Pay Matrix (Rs. 182200 - 224100/-), against the panel years 2019 (Supplementary) and 2020 (Regular) on in situ basis w.e.f the date of assumption of the charge of the post and until further orders:-

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Delinking of Credit/Debit Note from invoice, while reporting in Form GSTR 6

Delinking of Credit Note/Debit Note from invoice, while reporting them in Form GSTR 6 ♥ Till now, original invoice number was mandatorily required to be quoted by the taxpayers, while reporting a Credit Note or Debit Note in Form GSTR-6. ♥ The taxpayers have now been provided with a facility on the GST Portal to: […]

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Competent authority can order provisional release of goods, pending confiscation proceedings: HC

Pending the confiscation proceedings, if the writ applicants file an application under Section 67(6) of the Act for provisional release of the goods and the vehicle, if any, then the competent authority shall look into the same at the earliest and pass an appropriate order on such application within a period of fifteen days from the date of receipt of such application.

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Complete List of GST Refund Circulars till 10th Sept’20

Complete list of GST Refund related Circular/Notification at one place from 01st July’2017 to till date i.e. 10th September’2020 Easy to Understand Easy to Learn Easy to Apply GST -REFUND (CIRCULAR) KI POTLY Sr No. CIRCULAR DATE SUBJECT 1 Circular No. 2/2/2017-GST 04-07-2017 Issues related to furnishing of Bond/ Letter of Undertaking for Exports – […]

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Decriminalisation of various Offences under GST Laws

It could be truly acknowledged that the year 2020 is a year of reformations and “Ease of Business” for the Indian masses. Starting from decriminalisation of various offences under Companies Act 2013 in Feb 2020 to new GST portal changes and the “Transparent Taxation and immunity from Prosecution” in August 2020. Similarly, most of the Government Departments are looking for […]

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Refund of ITC on Input Services-  Logic defies the Lawgic

Matter to be analysed- Gujarat High Court allows the refund of unutilized ITC on Input Services. Ever since the advent of GST the refund of ITC has been a matter of grave concern and a tussle for the taxpayer to get it conveniently from revenue authorities who are busy jostling for ramping up the collection, […]

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Claim of Input Tax Credit (ITC) Refund by Special Economic Zone (SEZ)

1. It is held by Honourable Gujrat High Court in Britania Industries Limited case that the SEZ unit can claim a refund of ITC distributed by Input Service Distributor (ISD). 2. Brief Facts of the Case: M/S Britania Industries, a limited Company filed the petition through its director. The petitioner is situated in Special Economic […]

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Levy and collection as per IGST Act, 2017

Introduction The Constitution mandates that no tax shall be levied or collected by a taxing Statute except by authority of law. While no one can be taxed by implication, a person can be subject to tax in terms of the charging section only. Power to levy any tax is derived from the Constitution of India. […]

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Revision of Disclosure norms for Mutual Fund Houses Transactions

Slowly and steadily India is moving towards a transparent and efficient economic system through good corporate governance. While we witnessed changes in the Income-tax provisions and the revamped GST Portal for the ease of doing business, the capital market regulator of the country has also announced a revision in the disclosure requirements for transactions in […]

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GST refund: HC instructs revenue to pass appropriate order

Having heard learned counsels appearing for the parties, without any opinion on merits of the show cause notice dated 11.1.2020 issued by respondent authorities to the petitioner, at this stage, interest of justice would be served, if the concerned respondent authorities shall hear the petitioner on the issue of show cause notice and after hearing the petitioner, pass necessary orders.

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HC releases Detained Goods & Vehicle on Deposit of GST & Penalty

Arya Traders Vs. State of Gujarat (Gujarat high court) The present writ petition is filed mainly for seeking release against the goods and vehicle without demanding any security. High Court states that, the goods and the conveyance came to be detained and seized way back on 9th July, 2019. Till this date, the goods and […]

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Seized Vehicle along with Goods released on satisfaction of Rule 140 Requirement

AK Overseas Vs. State of U.P. & Ors. (Allahabad High Court) The Petitioner has filed the writ petition to release the seized goods which are seized under Rule 140 of the Central Goods and Services Rules, 2017. High Court states that, in case the petitioner fulfills the requirement of Rule 140 together with its explanation, […]

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58 Defects Fixed for Taxpayers on GST Portal

Defects Fixed for Taxpayers on GST Portal as on 25.08.2020 1. Refund Module: A check has been incorporated in the application whereby the taxpayer will not be able to submit a Refund Application, if bank account has not been selected by them. 2. Returns Module: The return dashboard of a taxpayer was configured to display […]

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Seven things must To Do in Sept-2020 by every GST Return Filer!!

September has always been month of reconciliation. In this article we have tried to brief few reconciliations in the form of “Seven things must To Do” in Sept-20 by every GST Return filer!! 20th October, 2020 is approaching soon & every person registered under GST must be aware that 20th October, 2020 ( upto 24th […]

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Direct & Indirect Taxes Updates- August 2020

DIRECT TAXES UPDATES  Recent circulars/ notifications/ rules/ clarifications/News ♦ CBDT notified the procedure for notification of Pension funds (PF) for claiming exemption under section 10(23FE) for income from Investment in Specified Infrastructure business (Notification no. 67/2020 dated 17.08.2020) ♦ CBDT notifies 34 authorities for Faceless Assessment (Notification no. 64/2020 dated 13.08.2020) ♦ CBDT notifies the […]

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Pure Agent Concept under GST

An agent is a person who has been authorised to act or represent on behalf of some other person, that some other person may called as Principal. An agent is under the control (is obligated to) the principal, and (when acting within the scope of authority delegated by the principal) binds the principal with his […]

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Analysis of Section 151 to 158 of CGST Act 2017

Simplified GST Series –Miscellaneous –Section 151-158/CGST ACT 2017 Article analyses Section 151- Power to Collect Statistics,  Section 152-Bar on disclosure of information,  Section 153- Taking assistance from an expert,  Section 154- Power to take samples,  Section 155- Burden of Proof,  Section 156- Persons deemed to be public servants, Section 157-Protection of action taken under this […]

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GSTN made filing of GSTR-3B much easier now

System computed GSTR-3B (Table-3 for liabilities) on the basis of GSTR-1 filed by taxpayers now available on the GST portal for monthly GSTR-1 filers – – – – – – –

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RTI Seeking Details of Minutes of Meeting of GSTN – HC refers matter back to CIC

The issue under consideration is whether RTI application seeking disclosure of Minutes of the Board Meeting & resolutions of Goods & Service Tax Network (GSTN) by information commissioner will be sustain in law?

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Goods Can’t be detained for mere non-mention of Applicable GST on E-Way Bill

The issue under consideration is whether goods can be detained merely because IGST applicable is not mentioned in the e-way bill?

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Seven things must To Do in Sept-2020 by every GST Return Filer!!

September has always been month of reconciliation. In this article we have tried to brief few reconciliations in the form of “Seven things must To Do” in Sept-20 by every GST Return filer!! 20th October, 2020 is approaching soon & every person registered under GST must be aware that 20th October, 2020 ( upto 24th […]

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GST on toll charges in case of toll contracts, A big issue???

Chargeability of GST on Toll Contracts  Before going into the discussion of the GST chargeability on the roads / highways we have to understand some basic facts that the how the overall model works . In India The development of National Highways is the responsibility of the government of India . The Parliament of India […]

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GST, Territorial Nexus Theory, and Article 286 of the Constitution

A close reading of Article 246A of the Constitution of India reveals that the Legislature of each State can make law for imposing goods and services tax on a supply of goods or services or both, except a supply of goods or services or both which takes place in the course of inter-State trade or […]

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All about GST Return Filing

Brief Background Every person once registered is mandatorily required to file the return within the due date as prescribed under the Act whether on the monthly or quarterly basis. It is a document filed by the registered mentioning the details of purchase as well as sell for a specific period of time, to be more […]

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GSTR-2B – Relief or Opening of New Pandora Box for Taxpayers

Background GST Council, in its 39th Meeting held on March 14, 2020, recommended linking the data available in GSTN viz. linking outward supply data in Form GSTR-1 and Form GSTR-3B and Input Tax Credit (‘ITC’) data between Form GSTR-2A and Form GSTR-3B. It was also stated that the present return system (GSTR-1, GSTR-2A & GSTR-3B) […]

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No Penalty for violation of Section 171(1) of CGST Act before 01.01.2020

Vasantbhai Bhikabhai Patel Vs Shree Infra (NAA) Central Government vide Notification No. 01/2020- Central Tax dated 01.01.2020 has implemented the provisions of the Finance (No. 2) Act, 2019 from 01.01.2020 vide which sub-section 171 (3A) was added in Section 171 of the CGST Act, 2017 and penalty was proposed to be imposed in the case […]

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GST: Penalty for Section 171(1) violation effective from 01.01.2020

Ratish Nair Vs Man Realty Ltd. (NAA) In this case Respondent has not passed on the benefit of input tax credit to his buyers w.e.f 01.07.2017 to 30.09.2018 and hence, the Respondent has violated the provisions of Section 171(1) of the CGST Act, 2017. It is also revealed from the perusal of the CGST Act […]

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

Pranesh Pathak Vs Bhutani International Medicos (NAA) Since, no penalty provisions were in existence between the period w.e.f. 27.07.2018 to 31.03.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING APPELLATE AUTHORITY […]

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Section 171(3A) of CGST Act comes in to force w.e.f. 01.01.2020

Ankur Jain Vs Kunj Lub Marketing Pvt. Ltd. (NAA) It has been revealed that the Respondent has not passed on the benefit of reduction in the GST rate from 18% to 12% on the above product w.e.f. 15.11.2017 to 28.02.2018 and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST […]

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GST on Intermediary, its Constitutional validity & proposed changes to term intermediary as exports

Background Under GST, tax is levied on the taxable supply of goods/services. Tax is applicable on the taxable services supplied in India. In the GST regime, intermediary services by Indian suppliers to foreign principals are taxed to GST. In common parlance, any person who enables the supply of goods/services between two persons, is considered as […]

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Draft Disclosures for GST Audit Report of F.Y. 2018-19

DISCLOSURES -The notes for GST Audit are for guidance only. -The GST auditor will have to make suitable observations, remarks, qualifications, etc. depending on the facts of the audit. -AS THE GST LAW IS VOLATILE Where to put reasons, comments, observations, qualifications, etc. in GSTR-9C ? 1) The Auditor is required to put reasons for […]

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GST Due Date Extension & Relief Measures for taxpayers

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

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6 Case Studies on RCM reporting in GSTR-9 & 9C of FY 2018-19

Part III  of GST Audit Series: 6 Case Studies on Reverse Charge Mechanism (RCM) reporting in GSTR-9 & 9C of FY 2018-19. Issues discussed regarding- 1. How to report 17-18 transactions of RCM paid in 18-19? 2. RCM paid by DRC 03, how to report? 3. How to report RCM issues in GSTR 9 and […]

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12 Case Studies on Inward Supplies of FY 17-18 reporting in GSTR 9 & 9C of FY 18-19

Part II of GST Audit Series: 12 Case Studies on Inward Supplies of FY 17-18 reporting in GSTR 9 & 9C of FY 18-19. How to report Input Tax Credit of 17-18 in GSTR 9 and 9C of 18-19? 1. 12 Case studies covering all issues of ITC reporting of 17-18 transactions in 18-19. 2. […]

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12 Case Studies on Outward Supplies of FY 17-18 reporting in GSTR-9 & 9C of FY 2018-19

GST Audit Series Part I: 12 Case Studies on Outward Supplies of FY 17-18 reporting in GSTR9 & 9C of FY 2018-19.  Highlights: How to report Outward Supplies Tax of 17-18 in GSTR 9 and 9C of 18-19. 1. Total 12 Case studies covering all issues of reporting 17-18 transactions in 18-19. 2. Where to […]

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GST Order Served by Uploading it on Web Portal is Valid

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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8 day stay of GST Search Authorities at premises of petitioner is illegal

The issue under consideration is whether the act of residing in the premises of the petitioner for 8 days in case of search is permissible under Act?

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Goods cannot be detained merely because Consignee mentioned as Unregistered Person in E-Way Bill

The issue under consideration is whether detention of goods merely because the consignee is mentioned as an unregistered person in the e-way bill is justified in law?

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Zero rated supplies under GST

Introduction What is the need for Zero Rating? As per section 2(47) of the CGST Act, 2017, a supply is said to be exempt, -when it attracts nil rate of duty or -is specifically exempted by a notification or -kept out of the purview of tax (i.e. a non-GST supply). When a good or service […]

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Available Functionality for Tax Payers in GST Portal as on 29.08.2020