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Showing posts from December, 2020

GST annual returns due date for FY 2019-20 extended till 28.02.2021

CBIC hereby extends the time limit for furnishing of the annual return specified under section 44 of the said Act read with rule 80 of the said rules, electronically through the common portal, for the financial year 2019-20 till 28.02.2021. from TaxGuru https://ift.tt/383wtzI via gqrds

Investigation cannot be stalled on apprehension of contracting COVID-19

The Hon’ble Delhi High Court, in the case of P.V. Rao vs. Senior Intelligence Officer, DGGSTI [W.P.(C.) No. 8975/2020 (dated, November 18, 2020)] denied relief to P.V. Rao (Petitioner) from appearing physically in Delhi to record statement in alleged GST evasion case and held that judicial interference at this threshold stage, in such matters relating […] from TaxGuru https://ift.tt/350zO0x via gqrds

Important Amendment in E-way bill w.e.f 01st January 2021

Due to various changes in the E-invoice mechanism and as per latest amendment in Rule 138 of CGST Rule. There will be a significant change in the process of generation and validation of e-waybill. W.e.f 01st January 2021. Few of the changes are as follows The Direct E-Waybill generation through Web/Offline/API will be blocked w.e.f […] from TaxGuru https://ift.tt/2JyhILX via gqrds

Input Tax Credit Dilemma: Analysis of 14th Amendment to CGST Rules, 2017

Cases of tax evasion and frauds have significantly increased under the GST regime since its implementation and especially the cases of fake invoicing to wrongfully avail the Input Tax Credit (ITC) are rising rapidly, which has become a major cause of concern for the government. Alone in the month of November, 2020, hundreds of arrests were made and thousands were booked, for illegally availing ITC by using fake invoices without actually supplying goods or services, thereby causing heavy losses to the government. from TaxGuru https://ift.tt/3aVh9Hl via gqrds

Auto-population of e-invoice details into GSTR-1/2A/2B/4A/6A

1. Certain notified taxpayers have been issuing invoices after obtaining Invoice Reference Number (IRN) from Invoice Registration Portal (IRP) (commonly referred as ‘e-invoices’). Details from such e-invoices shall be auto-populated in respective tables of GSTR-1. Update on the status of such auto-population was last published on 30/11/2020. from TaxGuru https://ift.tt/3aRPC9H via gqrds

Goods And Service Tax: A Procedure-Oriented Law

Goods and service tax is an indirect tax which has been designed as single tax on the supply of the goods and services or both. A person who is liable to pay tax is bound to follow the number of procedures in complying with provisions of the GST laws. If there is any breach of the procedures than heavy number of penalties can be imposed on them. from TaxGuru https://ift.tt/3n02Rrd via gqrds

ITC in GSTR-3B cannot exceed 105% of GSTR-2A- Analysis

Amendment in rule 36(4) ITC cannot exceed in GSTR-3B of 105%- GSTR-2A and Steps to be taken w.r.t ITC post amendment I. Amendment in Rule 36(4) – Restriction on ITC to extend of 105% eligible ITC in GSTR-2A or BoA’s whichever is lower 1. Rule 36(4) was introduced to restrict the availment of credit on […] from TaxGuru https://ift.tt/3o07Xoz via gqrds

How to easily verify the E- invoice QR in your mobile

Please follow the following Procedures Step 1: Go to the following website https://ift.tt/34FRvSO Step 2 : enter your mobile number ,then hit the submit button, you will receive OTP, then click verify OTP. Step 3: Once the OTP is entered, you will receive a SMS from GST portal, to download the verification app. Click the […] from TaxGuru https://ift.tt/2KCaLdr via gqrds

9th Instalment of Rs.6,000 crore released to States

9th Instalment of Rs.6,000 crore released to the States as back to back loan to meet the GST compensation shortfall. A total amount of Rs.54,000 crore released so far to all States and UTs with legislation. This is in addition to additional borrowing permission of Rs.1,06,830 lakh crore granted to the States from TaxGuru https://ift.tt/3rBWpdA via gqrds

Section 77/19 of CGST/IGST Act replayed and redefined

Section 77 of CGST Act, 2017 and Section 19 of IGST Act, 2017 replayed and redefined There are doubts circulating whether or not time limit of two years under Sec 54 of the Act will apply to refunds claimed under Sec 77/19 of CG/IGSTA. Let’s replay below the sections concerned for ease of ready reference: […] from TaxGuru https://ift.tt/2KJyJ6q via gqrds

Bank Guarantee shall not be encashed where appeal is preferred against detention order

Hon’ble Kerala High Court has held that bank guarantee shall not be encashed till such time where assessee preferred appeal against the detention order before the Appellate authority. from TaxGuru https://ift.tt/2Mdo6ZT via gqrds

Random Thoughts on Economy and GST

It now appears that Indian Government did paved the way for economic turn amid Covid which was made possible by a mix of fiscal reforms and infrastructural push leading to higher consumption and revival of all sectors of economy. How much, how less – may be a perception issue but it did worked. Governance and […] from TaxGuru https://ift.tt/3hruuZ3 via gqrds

Corrigendum to Notification No. 94/2020-Central Tax, dated 22.12.2020

CBIC issues Corrigendum to Notification No. 94/2020-Central Tax, dated 22.12.2020 and corrected two of its mistake in the notification. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) CORRIGENDUM New Delhi, the 28th December, 2020 G.S.R. 801(E).—In the notification of the Government of India, Ministry of Finance, Department of Revenue, No. […] from TaxGuru https://ift.tt/3hozfCR via gqrds

Extend date of filing of GSTR 9, GSTR 9C and IT returns

A. P. Tax Bar Association, Vijayawada has made a representation to Smt. Nirmala Sitaraman, Hon’ble Finance Minister and requested her for extending the time limit for filing GSTR 9 and 9C returns as also the Income Tax returns for the assessment years 2020-21 which would be beneficial to both individuals, firms and companies and also […] from TaxGuru https://ift.tt/3rEXPnt via gqrds

ICAI Releases four new Publications on GST

Release of four new Publications on GST by GST & IDT Committee, ICAI We, at the GST & IDT Committee, have been continually putting in untiring efforts to facilitate all stakeholders in updating their knowledge of GST through technical publications, Virtual Certificate Course, Refresher Course and Live Webcasts etc. We take pride in sharing with […] from TaxGuru https://ift.tt/2L4hlZI via gqrds

Defer implementation of GST Notification No. 94/2020-Central Tax till 31.03.2021

Confederation of All India Traders has requested Union Finance Minister Smt. Nirmala Sitharaman to Defer implementation of GST Notification 94/2020-Central Tax till 31.03.2021 in the interest of the businessmen and in the interest of the nation. Text of their representation is as follows:- Confederation of All India Traders Ref No.: 3117/1/50 28th December, 2020 Smt. […] from TaxGuru https://ift.tt/2KXOarn via gqrds

Quarterly Return Monthly Payment (QRMP) scheme launched

Now taxpayers up to Rs. 5 Cr turnover have the option to file their GSTR-1 and GSTR-3B returns quarterly. Introducing Quarterly Return Monthly Payment (QRMP) Scheme The scheme will be made available from January 1st 2021 You can opt-in to the scheme from 5th December 2020 Now, small taxpayers with Aggregate turnover up to Rs. […] from TaxGuru https://ift.tt/3aRbHFa via gqrds

Misconceptions vs Reality! Facts about 1% payment of tax liability in cash in GST under Rule 86B

Misconceptions VS Reality Facts about 1% payment of tax liability in cash in GST under Rule 86B Misconception 01: Large number of taxpayers would be affected by the rule. Reality: The rule provides for various exemptions like exporters, suppliers of goods of inverted duty structure, taxpayers having a footprint in the Income Tax data base […] from TaxGuru https://ift.tt/34QWC2Q via gqrds

GST Rate & HSN Code must be mentioned on tender/bid document: HC

Bharat Forge Limited Vs Principal Chief Materials Manager Diesel Locomotive Works (Allahabad High Court) The HSN code (Harmonized System of Nomenclature) is provided for each product/service by GST Council to specify the rate at which GST would be applicable. The suppliers have to quote HSN Code of the product to be supplied by them in […] from TaxGuru https://ift.tt/34RbBtH via gqrds

Cash Credit Account cannot be attached to recover GST dues

Cash Credit Account cannot be ordered to be attached. In other words, the Cash Credit Account is an account, which enables the assessee to borrow the money from the bank for the purpose of its business. Any money, therefore, which the bank may make available to the assessee would necessarily be in the nature of a loan or cash credit facility. from TaxGuru https://ift.tt/3rIHU7Z via gqrds

Supply to OKCl cannot be held to be a supply to Government

In re Telecommunications Consultants India Ltd. (GST AAAR Odisha) We notice that the Authority for Advance Ruling, Odisha, in their findings (para 5.3 of the Order) has clearly observed that Odisha Knowledge Corporation Limited (OKCL) was promoted by the Higher Technical Education Department, Govt of Odisha and was incorporated under the Companies Act, 1956, as […] from TaxGuru https://ift.tt/34RxIjx via gqrds

Appeal against non-admittance of application for advance ruling not maintainable

In re Tirumala Milk Products Pvt Ltd. (GST AAAR Karnataka) in the instant appeal, the Appellant is aggrieved by the grounds on which the lower Authority has refused to admit the application for advance ruling which is that, the question on which the ruling was sought is a matter that is being investigated by the […] from TaxGuru https://ift.tt/3nWgau7 via gqrds

Blocking of ITC in electronic credit ledger by dept under GST

Rule 86A could be said to be ultra vires, Article 300A of Constitution of India, 'No person shall be deprived of his property save by the authority of law'. Input tax credit would be treated as a property of the taxpayer. from TaxGuru https://ift.tt/3aNPd82 via gqrds

Changes in CGST Rules vide Notification dated 22/12/2020

Gist of important changes made in the CGST Rules, 2017 vide Notification issued on December 22, 2020 Lot many changes have been made in the Central Goods and Services Tax Rules, 2017 (CGST Rules) vide Notification No. 94/2020-Central Tax dated December 22, 2020. This article summarises all the important changes made in the CGST Rules, […] from TaxGuru https://ift.tt/34M8KSJ via gqrds

Extend due date for filing TAR/ITR/GSTR9/9A/9C

All Odisha Tax Advocates Association made a Request for extension of due date for filing Tax Audit Reports (TARs), Income Tax Return (ITR) for the AY-2020-2021, statement under Vivad Se Vishwas Act, Audit and Annual Return (GSTR9, GSTR 9A, GSTR 9C)  under the GST Act. Full Text of their representation is as follows:- ALL ODISHA […] from TaxGuru https://ift.tt/2JjuAoY via gqrds

Explaining Unexplained facts of CGST Rule 86B

Important Note: – Author in no manner through this article encourage any person to indulge in such activities. This article is only meant to understand the intent of law behind rule 86B which helps to curb fake invoicing. Preface to Frauds under GST & Intent of Law to bring Rule 86B Government with a motive […] from TaxGuru https://ift.tt/3nQdXAo via gqrds

Assessee allowed monthly instalment facility to pay GST liability with interest

Assessee allowed for monthly instalment facility to pay the tax liability with interest The Hon’ble Kerala High Court in Malayalam Motors Pvt. Ltd. v. The Assistant State Tax Officer [WP(C). No. 21490 of 2020(I) dated October 12, 2020] held that, the assessee who has sought an instalment facility to pay the admitted tax, together with […] from TaxGuru https://ift.tt/3nPTag5 via gqrds

CAT raises strong objections to Introduction of Section 86B

Confederation of All India Traders Ref. No.: 3114/1/50 25th December,2020 Mrs Nirmala Seetharaman Hon’ble Minister for Finance Government of India New Delhi Dear Smt Nirmala Seetharamanp, Sub : Amendments in GST making it a complicated Taxation system With deep regret, we are constrained to bring it to your kind and urgent knowledge that recent notification […] from TaxGuru https://ift.tt/3poQPcx via gqrds

GST: Communication between Recipient & Supplier Taxpayers- FAQs & Manual

A. FAQs on Communication between Recipient and Supplier Taxpayers Overview Q.1 What is ‘Communication between Taxpayers’ functionality? Ans. “Communication between Taxpayers” functionality facilitate in sending and receiving notifications to /from another taxpayer. Q.2 Who all taxpayers are eligible to use ‘Communication Between Taxpayers’ facility? Ans. All taxpayers except TDS, TCS and NRTP taxpayers are eligible […] from TaxGuru https://ift.tt/3nNroks via gqrds

HC allows petitioner to apply to GST Council to get Transitional credit benefit

Sunil Kumar & Company Sri Ganganagar Vs Union Of India (Rajastan High Court) High Court grant liberty to the petitioner to make an application before GST Council through Standing Counsel, who is further requested to hand over the same to the jurisdictional officer for forwarding the same to the GST Council to issue requisite certificate […] from TaxGuru https://ift.tt/38ywESO via gqrds

Communication between Recipient & Supplier Taxpayers on GST Portal

A facility of ‘Communication Between Taxpayers’ has been provided on the GST Portal, for sending a notification by recipient (or supplier) taxpayers to their supplier (or recipient) taxpayers, regarding missing documents or any shortcomings in the documents or any other issue related to it. This facility is available to all registered persons, except those registered as TDS, […] from TaxGuru https://ift.tt/3hhs536 via gqrds

CGST Rule 86A- Hardship on Taxpayers

A writ petition was filed in 2019 in Alfa Enterprise v. State of Gujarat, against the blocking of credit ledger in the High Court of Gujarat. The Hon’ble High Court held that the blocking of the credit is not backed by any statutory provision under the CGST Act or Rules prescribed and directed the revenue to unblock the credit ledger. After this decision, the CGST Rules were amended and Rule 86A was inserted to empower a Proper Officer to block a credit ledger on the basis of the grounds provided therein. from TaxGuru https://ift.tt/2M23JyF via gqrds

Summary of Important GST Changes Applicable From 01.01.2021

We have certainly witnessed serious frauds under GST since the implementation mainly due to fake invoicing. Of course we cannot paint all the frauds with the same brush but largely it has to do with the seeking of the undue benefit at the cost of the exchequer. from TaxGuru https://ift.tt/3podwOc via gqrds

Intricacies In Valuation, Time of Supply & Place of Supply under GST

Once it is determined that the transaction in question shall be leviable to GST, the next logical question shall be to determine the value of supply in question on which the rate of tax shall have to be applied to determine the amount of the tax which is payable. The present paper therefore seeks to discuss certain intricacies on the aspects of the value of supply. from TaxGuru https://ift.tt/2WJMhRM via gqrds

Validity of ITC restriction (20/10/5%) under Rule 36(4)- GST

Rule 36(4) restricts the credit relating to the invoices not uploaded by the suppliers in their form GSTR-1 to the extent of 20% (10% w.e.f. 01.01.2020) of such credit. Further w.e.f. 01.01.2021, said percentage was further reduced to 5%. Now let us see on ground it can be said that the conditions imposed under Rule 36(4) is invalid or bad in law. from TaxGuru https://ift.tt/34F0JyD via gqrds

Extend Income Tax, Companies & CGST Act compliance due dates

Direct Taxes Professionals’ Association made a Representation to FM for extending the due dates of compliance under Income Tax Act , the Companies Act and CGST Act and widening the scope of benefit in case of cases where Assessee has been allowed relief by Hon’ble ITAT and due date of filing appeal by Department has […] from TaxGuru https://ift.tt/34EOGBy via gqrds

Critical Changes in GST Compliances from 1st January 2021

Notification No. 94/2020-Central Tax Dated 22.12.2020 – 14th CGST Amendment Rules 2020 Rule 21 : Additional Grounds for Cancellation of Registration – (a) does not conduct any business from the declared place of business; (b) issues invoice or bill without supply of goods or services in violation of the provisions of the Act, or the […] from TaxGuru https://ift.tt/3nS15JS via gqrds

Is Tran credit/ITC recovery mechanism defective under GST?

Trade has been witnessing numerous show-cause notices being issued to them of late, under Section 73(1) of the Central Goods and Services Tax Act, 2017 read with Rule 121 of the Central Goods and Services Tax Rules, 2017, for recovery of alleged claim and availing of TRAN-1 credit. Though there may be numerous reasons for […] from TaxGuru https://ift.tt/3heD3WW via gqrds

GIST of GST Notifications issued on 22.12.2020

Certain notifications have been issued by the CBIC yesterday night on certain critical aspects. A brief summary of them all is as below: Notification No. 92/2020 – Central Tax:  Following sections of the Finance Act, 2020 have been brought into effect from 01.01.2021 through this notification: Sec 119 – Amending Sec 10 of the CGST […] from TaxGuru https://ift.tt/3nNmvYD via gqrds

New Rule restricting use of ITC for discharging Output Tax liability

A new sub-rule 4A under Rule 8 has been substituted which stated that every application made under Rule 4 shall be followed by biometric-based Aadhaar authentication and taking photograph along with taking biometric information, photograph and verification of such other KYC documents, as notified, unless the applicant is exempted under sub-section (6D) of section 25, if he has opted not to get Aadhaar authentication done. from TaxGuru https://ift.tt/2JfpR7K via gqrds

New Rule 86B restricts use of ITC for discharging output liability

Govt Introduced new Rule 86B restricting the use of Input Tax Credit (ITC) for discharging the output liability [Notification No 94/2020-CT dated 22.12.2020] The rule is effective from 1st January 2021 Applicability of Rule This rule is applicable to the registered person whose value of taxable supply other than exempt supply and export, in a […] from TaxGuru https://ift.tt/3mM6CjK via gqrds

Rule 86B Restrictions on use of amount available in electronic credit ledger

Central Goods and Services Tax Rules, 2017 Rule 86B. Restrictions on use of amount available in electronic credit ledger.-Notwithstanding anything contained in these rules, the registered person shall not use the amount available in electronic credit ledger to discharge his liability towards output tax in excess of ninety-nine per cent. of such tax liability, in […] from TaxGuru https://ift.tt/3nYXk5L via gqrds

GST SCAM 2020 (Humour on Current GST Situation)

नरेन्द्र : हर्षद ये GST क्या हे ? हर्षद : GST एक दलदल हे जिसमे भारत के छोटे और मध्यम वेपारी फसते ही जायँगे. नरेन्द्र : में वेपार की बात लेकर सीरियस हु और GST लेना हे. हर्षद : GST में बहोत बड़ा रिस्क हे, इश्क़ तो दूर दूर तक नहीं हे. नरेन्द्र : तो […] from TaxGuru https://ift.tt/3mLArRI via gqrds

Conflict between GSTR-3B & GSTR-2B

Hope you all know very well that, in Goods and Services Tax Act, 2017 there are 2 types of returns to be filed regularly by most of the registered persons. They are GSTR-1 (declaration of invoice wise sales information etc.,) & GSTR-3B (Summary of Sales, GST payable & Input tax credit etc.). Recently, goods and […] from TaxGuru https://ift.tt/3nMoP2a via gqrds

HC quashes Commissioner Appeal Order for Not Issuing Personal Hearing Record

Metrolite Roofing Pvt. Ltd. Vs The Dy. Commissioner of Central Tax and Central Excise (Kerala High Court) High Court of Kerala Quashes Appeal Commissioner’s Order for Not Issuing Record of Personal Hearing as Per CBIC Instruction. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT In all these Writ Petitions, the issue that is raised while […] from TaxGuru https://ift.tt/3nKq41V via gqrds

53 Associations requests Extension for GSTR 9, 9A & 9C

53 GST and Trade Associations made a Joint Petition to FM and requested for Extension of due dates for GSTR-9 GSTR-9A & GSTR- 9C and Extension of Time limit u/s 16(4) for Financial Year 2018/19 and 2019/20. It further requested for extension of time limit for filing GSTR 1 & GSTR 3B of FY 1920 […] from TaxGuru https://ift.tt/3hanDD6 via gqrds

Quarterly Return Monthly Payment Scheme (QRMP)- New Facelift

The Central Board of Indirect Taxes & Customs (CBIC) vide Circular No. 143/13/2020- GST dated 10th November 2020 introduced Quarterly Return Filing and Monthly Payment of Taxes (QRMP) scheme under Goods and Services Tax (GST) to help small taxpayers whose turnover is less than Rs.5 crores. This is a welcome step towards the goal of […] from TaxGuru https://ift.tt/2M26mRn via gqrds

‘Auto Population in GST- a boon or a bane?’

Auto Populated details in Form GSTR 3B: Now, auto-population of system computed details in Form GSTR-3B, has been enabled for taxpayers (filing their Form GSTR-1 on monthly basis), from November 2020 Tax Period onwards. from TaxGuru https://ift.tt/3nB6cOB via gqrds

Quarterly Return & Monthly Payments (QRMP) Scheme- Various aspect

Quarterly Return Filing and Monthly Payment of Taxes (QRMP) Scheme under GST: Quarterly Returns with Monthly Payment (QRMP) Scheme is for eligible taxpayers to file their Form GSTR-1 and Form GSTR-3B returns on quarterly basis, while paying their tax dues on monthly basis through a challan. In this case payment of challan in cash is […] from TaxGuru https://ift.tt/37Du2DK via gqrds

SCN for confiscation of goods cannot be issued on mere suspicion

HC held that the show cause notice under Section 130 of the Central Goods and Services Tax Act, 2017 (CGST Act) cannot be issued on a mere suspicion. There has to be some prima facie material on the basis of which the authority may arrive at the satisfaction that the goods are liable to be confiscated under Section 130 of the CGST Act. from TaxGuru https://ift.tt/3nGZF54 via gqrds

Extend due date of ITR/Tax Audit/GSTR-9/GSTR-9C

Tax Bar Association (Regd), Allahabad has made a representation to FM with reference to Extension of Due dates of Income Tax Audit, Income Tax Return Filing, GSTR 9 and GSTR 9C. Some of the request made are as follows:- 1. Extend due date of GSTR-9 and GSTR-9C for Financial Year 2018-19 to 28/02/2021. 2. Extend […] from TaxGuru https://ift.tt/3h8ZpJr via gqrds

Extend due of GSTR-9, GSTR-9A & GSTR-9C

Association of Tax payers & Professional, Agra has requested to Finance Minister to extend due dates of Income Tax Return Filing for Financial year 2018-19 to 31st December 2020, It further requested that due date of filing GSTR-9 be extended to 31st January 2021 and due date of filing GSTR-9A & GSTR-9C be extended to […] from TaxGuru https://ift.tt/3rkG50r via gqrds

Extend due dates of GSTR-9/ GSTR-9C for FY 2018-19 & 2019-20

Tax Bar Association, Guwahati has made a Request for Extension of Due Dates for filing the GST Annual Reconciliation Statement (GSTR-9C) along with the GST Annual Return (GSTR-9) for financial years 2018-2019 & 2019-2020. They requested to Smt. Nirmala Sitharaman, Hon. Finance Minister of India to extend the due dates of furnishing of Annual Return […] from TaxGuru https://ift.tt/37CotFM via gqrds

Join Online Certification Courses on GST

Join Professional Development & Certification Courses on GST TaxGuru Edu, an educational wing of TaxGuru, announces Online Professional Development Courses on GST to help you in learning GST in a practical way. Professional Development Course on GST The Course covers GST from Basic to Advanced level covering major compliances, Filing of GST Return forms, E-Invoicing, […] from TaxGuru https://ift.tt/2IOHtXo via gqrds

AAR explains GST on supply of Digital Goods/Online Gaming

In re Amogh Ramesh Bhatawadekar (GST AAR Maharashtra) Question. I) Whether ‘e-goods’ as commercially known in the market are ‘goods’ as defined in the GST Acts or are they services as per GST Act? Answer: – E-goods, in this case- ‘Online Gaming’ will be covered under services under the GST Act. Question. 2) If they […] from TaxGuru https://ift.tt/34vsGsS via gqrds

No ruling on HSN classification of Tyre Pyrolysis Oil due to non-submission of full details

In re Royal Carbon Black Private Limited (GST AAR Maharashtra) Question. What is the (HSN) classification of Tyre Pyrolysis Oil and what is Current rate of tax applicable? Answer: – The said question cannot be answered in view of non-submission of full details by the Applicant as mentioned under the Observations and Findings section of […] from TaxGuru https://ift.tt/2WwnxMK via gqrds

ITC allowed wef 01.02.2019 on leasing, renting or hiring of motor vehicles, for transportation of persons

In re Tata Motors Limited (GST AAR Maharashtra) Section 17(5) had clearly debarred Input Tax Credit on motor vehicles or conveyances used in transport of passengers till the date of the amendment i.e. 01.02.2019. However with effect from 01.02.2019, Input Tax Credit has been allowed on leasing, renting or hiring of motor vehicles, for transportation […] from TaxGuru https://ift.tt/2J6tRHN via gqrds

Laying of paver blocks not amount to works contract service for construction of immovable property

In re M/s. Sundharams Private Limited (AAR Maharashtra) Laying of the paver blocks cannot amount to works contract service for construction of the immovable property under section 17(5)(c) of CGST Act since, the expression “construction” for the purpose of section 17(5)(c) and 17(5)(d) includes reconstruction, renovation, addition or alteration or repairs to the extent of […] from TaxGuru https://ift.tt/37BMAo6 via gqrds

GST on services provided by University to its constituent colleges relating to admission to, or conduct of examination

In re Bharathiyar University (AAR GST Tamilnadu) Whether the services provided by the University to its constituent colleges (viz) self-financing and management colleges relating to admission to, or conduct of examination by such institution by way of affiliation fee, registration fee such as 1. Application form fees 2. Application fees (Application* Registration fee) (each course/section) […] from TaxGuru https://ift.tt/3aufk42 via gqrds

Waste collection, segregation, treatment, disposal services falls under SAC 9994

In Re M/s. Sumeet Facilities Limited (AAR GST Tamil Nadu) 1. What is the classification for supply of services by the Applicant relating to waste collection, segregation, treatment, transportation and disposal services under the service agreements entered with both concessionaries in terms of notification 11/2017- C.T.(Rate) dated 28th June 2017? The supply of services by […] from TaxGuru https://ift.tt/38iwbE9 via gqrds

Profiteering Allegation against ‘Signature Global’ not established: NAA

Devroop Guha Vs Signature Global (India) Pvt. Ltd. (NAA) Perusal of the record reveals that the Respondent had got Affordable Housing ‘The Millenia 37D’ project approved under the Haryana Affordable Housing Policy and allotted flats to the successful buyers on 27.10.2017 through draw of lots He invited applications for allotment of houses via advertisement in […] from TaxGuru https://ift.tt/2KjEebC via gqrds

Extended Income Tax & GST Audit/Return/Compliance dates

Vyyapaar Mandal Association, Nagore & All India MSME and Tax Practitioners Association (AIMTPA) has made a representation to FM for Extension of Due date of GST Annual Returns F.Y. 2018-19 and 2019-20, and Income Tax Return & Tax Audits for A.Y. 2020-21 and compliance of Notices. Relevant Text of their Representation is as follows:- Dated: […] from TaxGuru https://ift.tt/34rwrzC via gqrds

Ignore prompt on liability for inward supplies attracting reverse charge in Table-3.1 (d)

Ignore prompt on liability for inward supplies attracting reverse charge in Table-3.1 (d) The system has started providing auto-populated GSTR-3B on the basis of GSTR-1 & GSTR-2B from the tax period of November 2020 onwards. In this auto-populated GSTR-3B, liability on account of inward supplies attracting reverse charge auto-populated in Table-3.1(d) is also drawn from GSTR-2B of […] from TaxGuru https://ift.tt/2Wy7P3y via gqrds

GSTN Introduces Auto Populated details in Form GSTR 3B from Form GSTR 1 & GSTR 2B

Note on Auto Population of details in Form GSTR 3B from Form GSTR 1 and GSTR 2B Recently GSTN introduced a facility to auto-populate system computed details in Form GSTR-3B for taxpayers (filing their Form GSTR-1 on monthly basis), from November 2020 Tax Period onwards. The mechanism of such auto population shall be as under: […] from TaxGuru https://ift.tt/3h5yBdk via gqrds

GST on Discounts & Incentives In Automobile Industry

Introduction The retail sale of various motor vehicles, which include two wheelers, three wheelers, four wheelers, various types of passenger cars, commercial vehicles and tractors etc. is done in India through a large network of automobile dealers. The retail sale of vehicles is done by dealers on a principal to principal basis by engaging in […] from TaxGuru https://ift.tt/3nxQlQM via gqrds

Bail to person accused of wrongfully availing ITC Granted by HC

Present application is allowed. The applicant is ordered to be released on regular bail in connection with the order dated 29.10.2020 passed by the respondent No.2, Superintendent (Prev.), Central GST & C. Excise, Vadodara-II in File No. GEXCOM/AE/INV/GST/559/2020 on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; from TaxGuru https://ift.tt/3rmwFlo via gqrds

Emsigner Error in GST Portal- Resolution

EMSIGNER ERROR IN GST PORTAL:- Failed to Establish Connection to the Server. Kindly Restart the Emsigner when your are filing your GST Return or While Registering your DSC in GST Portal you may face this kind of error. This kind of error may occur in the following situations/cases, i) When you are filing your GST return ii) When […] from TaxGuru https://ift.tt/2WwBcmQ via gqrds

No penalty under SGST in case of Interstate Transaction

The Status of Kerala Vs Mohammad Sheref (Kerala high court) It has to be borne in mind that in the case of an interstate transaction the applicable statute is the IGST Act and the power of detention is exercised by virtue of the provisions of Section 20 of the IGST Act read with Section 129 […] from TaxGuru https://ift.tt/3nDzPig via gqrds

E-Invoicing Guidelines for Taxpayers with TO Rs. 100 Cr- 500 Cr

Guidelines for Taxpayers with Turnover (TO) Rs. 100 Cr- 500 Cr on Production 1. Your GSTINs are enabled for e-Invoicing. 2. Registration and login to the system is now open for your GSTINs. 3. You may prepare and register the live invoices in the e-Invoice portal. 4. E-Invoice Bulk Tools may be downloaded for preparing […] from TaxGuru https://ift.tt/37vDedd via gqrds

MP HC allows anticipatory bail in GST evasion case

Nitesh Wadhwani Vs State of M.P. (Madhya Pradesh High Court) The learned Senior Counsel for the petitioner began with the arguments that the only fault of the petitioner is that he is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan Masala. The […] from TaxGuru https://ift.tt/3gWXyr2 via gqrds

Waive Late Fees for Delayed Filing of GST Returns

Karnataka State Chartered Accountants Association requested For Relief from Late Fees for Delayed Filing of GST Statements / Returns from August 2020 to March 2021. Full Text of the representation is as follows- KARNATAKA STATE CHARTERED ACCOUNTANTS ASSOCIATION (R) Date: 17th December 2020 To, Smt. Nirmala Sitharaman Hon’ble Chairman, GST Council 15, Safdarjung Road New […] from TaxGuru https://ift.tt/2J43UbR via gqrds

Rejection of refund without hearing the petitioner & without intimating the reason not justified

Sahibabad Printers Vs Additional Commissioner CGST (Appeals) And Others (Allahabad High Court) Counsel for the petitioner argues that as the show cause notice was silent, the petitioner could not have been expected to give any reply and further questioning the appellate order he argues that the appellate authority was wrong in recording that no document […] from TaxGuru https://ift.tt/38eOFFA via gqrds

Petition filed Challenging vires of CGST Rule 86A

Surat Mercantile Association Vs Union of India (Gujarat High Court) Rule 86A of the GST Rules has given unbridled power to a GST officer to block input tax credit in electronic credit ledger maintained on GSTN portal without giving any notice or intimation to the tax payer if the concerned GST officer has reason to […] from TaxGuru https://ift.tt/3gYxrjD via gqrds

Transitional Credit Issue- HC instructs petitioner to file representation

Urbanize Developers India Private Limited Vs Assistant Commissioner of Commercial Taxes (Karnataka High Court) 1. The petitioner, a private limited company which is registered with GST Authorities with the State of Karnataka, has filed this writ petition for a direction to the Assistant Commissioner of Commercial Taxes, GSTLVO-60 [the respondent] to consider the petitioner’s representations […] from TaxGuru https://ift.tt/37sPbQW via gqrds

GST: Section 130 proceeding not sustainable legally in absence of Intention to evade Tax

Veer Pratab Singh Vs State of Kerala (Kerala High Court) The petitioners are dealers, inter alia, in brass and copper scraps, having their business concern in Coimbatore, Tamil Nadu and Jamnagar, Gujarat, respectively. A consignment of scrap that was being transported from Coimbatore to Gujarat from the 1st petitioner, as consigner, to the 2nd petitioner, […] from TaxGuru https://ift.tt/2IZFWOL via gqrds

MP HC allows anticipatory bail in GST evasion case

Nitesh Wadhwani Vs State of M.P. (Madhya Pradesh High Court) The learned Senior Counsel for the petitioner began with the arguments that the only fault of the petitioner is that he is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan Masala. The […] from TaxGuru https://ift.tt/3gWXyr2 via gqrds

GST: No provisional attachment during pendency of section 71 proceedings

Kanal Enterprise Vs State of Gujarat (Gujarat High Court) The short point falling for our consideration is whether the impugned order of attachment of property under Section 83 of the Act could have been passed on the ground of proceedings instituted under Section 71(1) of the Act. The plain reading of Section 83 of the […] from TaxGuru https://ift.tt/3p6gmXE via gqrds

SC Stays Delhi HC order which allowed GSTR-3B rectification

Union Of India Vs. Bharti Airtel Ltd. & Ors. (Supreme Court) Hon’ble Supreme Court has stayed Delhi High Court  Order in the case of Bharti Airtel Limited Vs Union of India & Ors. by which High Court allowed Form GSTR-3B rectification. Matter will list in the first week of March, 2021 for final disposal. Earlier […] from TaxGuru https://ift.tt/3gWwtED via gqrds

Has the AAAR fixed the ‘fixed establishment’ under GST?

The ‘fixed establishment’ could pose yet another challenge to the ‘One nation One tax’ theory unless more clarity is brought to the definition similar to (or even better than) ‘Permanent Establishment’ defined under the Income Tax Act, 1961 read with DTAAs entered into with various countries. from TaxGuru https://ift.tt/3nwpip8 via gqrds

Due dates to file Form GSTR-3B – October 2020 to March 2021

Due dates for filing of Form GSTR-3B for the Tax Periods from October, 2020 till March, 2021 1. Government of India, Ministry of Finance (Department of Revenue), CBIC, vide Notification No. 82/2020 – Central Tax, dated 28th October, 2020 , has added sub rule (6) to Rule 61 of the Central Goods and Services Tax Rules, […] from TaxGuru https://ift.tt/3oXrZA8 via gqrds

How to use functionality for Communication between GST Taxpayers

At this time where taxpayers were complaining about the complications of the GST System, GSTN has come up with a new facility. It has recently launched a new feature on the GSTN portal, where it has enabled a facility of 'Communication between Taxpayers' on the GST portal. One can access this feature through Dashboard > Services > User Services > Communication between Taxpayers. from TaxGuru https://ift.tt/3ntgJuZ via gqrds

GST intelligence Arrested a Person for Issuing Fake Invoices

DGGI, Bhubaneswar Zonal Unit has arrested one person, namely Santosh Kumar Gupta, age about 45 years, from Rourkela for issuance of fake invoices to the extent of Rs. 262 Cr. and passing of illegal and unlawful Input Tax Credit to the extent of Rs. 40 Cr. from TaxGuru https://ift.tt/3mr3WYM via gqrds

Auto population of details in GSTR-3B from GSTR 1 & GSTR 2B

1. Auto Populated details in Form GSTR 3B: Now, auto-population of system computed details in Form GSTR-3B, has been enabled for taxpayers (filing their Form GSTR-1 on monthly basis), from November 2020 Tax Period onwards. The same will be done based on the following: 1. Liabilities in tables-3.1 & 3.2 of Form GSTR-3B (except Table-3.1 (d) […] from TaxGuru https://ift.tt/2WmwTdK via gqrds

All you need to know about QRMP scheme under GST w.e.f. 01.01.2021

Taking another step towards the goal of increasing “Ease of doing business” in India and providing relief to small taxpayers; the GST Council in their 42nd Meet on 5th October 2020 proposed a quarterly return filing system for small taxpayers to be implemented w.e.f. 1st January, 2021. QRMP or Quarterly Return Monthly Payment Scheme is […] from TaxGuru https://ift.tt/2KyjUTy via gqrds

Due date of GST compliance by Authority extended to 31.03.2021

Notification No. 91/2020 – Central Tax dated 14.12.2020 Seeks to extend due date of compliance by any authority and for actions in respect of anti-profiteering measures under GST which falls during the period from 20.03.2020 to 30.03.2021 till 31.03.2021. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi, the […] from TaxGuru https://ift.tt/3gOVhy9 via gqrds

GST Input Tax Credit on Construction of Immovable Property

BLOCK CREDIT: Section 17(5) of the CGST Act, 2017 provides for a list of goods and services on which input tax credit is not allowed. One of the item is mentioned in sub sec 5(c) & (d) of sec 17 of CGST ACT. The extract of the said provision is reproduced below for ease of reference: […] from TaxGuru https://ift.tt/2Wgkjg7 via gqrds

Recent functionalities introduced on GST portal

GSTN recently introduced functionalities for taxpayers on GST portal. Brief analysis of these functionalities are summarized herein below : 1. New tab for ‘Communication between GST taxpayers’: The said functionality is introduced to enable communication between the supplier and recipient with respect to any issue for any inward/ outward document. This shall help the taxpayers […] from TaxGuru https://ift.tt/3npNQ2T via gqrds

Blocking & Unblocking of E-Way Bill Generation under GST

1. E- Way Bill (EWB) generation blocking means not allowing the taxpayer to generate an E-Way bill if he has not filed GST Return for the latest two successive months or quarters. 2. STATUTORY PROVISION Rule 138E – No person (including a consignor, consignee, transporter, an e-commerce operator, or a courier agency) shall be allowed […] from TaxGuru https://ift.tt/34gKsjf via gqrds

Waiver from UIN recording on invoices of April 2020 to March 2021

It has been decided to give waiver from recording of UIN on the invoices issued by the retailers/suppliers, pertaining to the refund claims from April 2020 to March 2021, subject to the condition that the copies of such invoices are attested by the authorized representative of the UIN entity and the same is submitted to the jurisdictional officer. from TaxGuru https://ift.tt/3oVoNVW via gqrds

Taxability of GST on used goods supplied on a C2C Portal & applicability of TCS – A critical analysis

The C2C business model enables the customer to sell the products to other customers. The customer who is selling across these sites can sell products and services; there is no restriction upon it. C2C is often referred to as the C2C ecommerce model, which clarifies that the business takes place on the digital platform. from TaxGuru https://ift.tt/37mdWye via gqrds

Request to Extend Due dates under GST & Income Tax

A Request for extension of various due dates under Income-tax Act, 1961 for AY 2020­-21 and for filing the Annual Reconciliation Statement (GSTR9C) along with the annual return (GSTR9) for financial years 2018-2019 & 2019-2020 is made by Bombay Chartered Accountants’ Society, Chartered Accountants Association (Ahmedabad), Chartered Accountants Association (Surat), Karnataka State Chartered Accountants Association […] from TaxGuru https://ift.tt/3r1qZwI via gqrds

GST Input Tax Credit on Construction of Immovable Property

BLOCK CREDIT: Section 17(5) of the CGST Act, 2017 provides for a list of goods and services on which input tax credit is not allowed. One of the item is mentioned in sub sec 5(c) & (d) of sec 17 of CGST ACT. The extract of the said provision is reproduced below for ease of reference: […] from TaxGuru https://ift.tt/2Wgkjg7 via gqrds

CBIC further extends Due date of GST compliance to 31.03.2021

Notification No. 91/2020 – Central Tax dated 14.12.2020 Seeks to extend due date of compliance by any authority which falls during the period from 20.03.2020 to 30.03.2021 till 31.03.2021. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi, the 14th December, 2020 Notification No. 91/2020 – Central Tax G.S.R. […] from TaxGuru https://ift.tt/3gOVhy9 via gqrds

DGGI unearthed 4689 fake GSTINs & arrested 141 persons

On the anti-evasion front, DGGI formations and the CGST zones have continued their drive against fake invoice usage. They have, so far in the month-long operation. unearthed 4689 fake GSTINs and arrested 141 persons and booked cases involving wrongly availed credit of Rs.13447.95 crore. from TaxGuru https://ift.tt/3acr4I0 via gqrds

7th Instalment of Rs. 6000 crore released to States to meet GST compensation shortfall

7th Instalment of Rs.6,000 crore released to the States as back to back loan to meet the GST compensation shortfall. A total amount of Rs.42,000 crore released so far to all States and UTs with legislation. This is in addition to additional borrowing permission of Rs.1,06,830 granted to the States. from TaxGuru https://ift.tt/3gPReBW via gqrds

E-Commerce under GST

Today I will discuss E-commerce in very simplified manner- Meaning of Electronic commerce-means the supply of goods or services or both including digital products over digital or electronic network. Electronic commerce operator means- any person who owns, operates or manages digital or electronic facility or platform for electronic commerce. ♠ Now there can be any […] from TaxGuru https://ift.tt/37Zpy9E via gqrds

Join Online Certification Courses on GST

Join Professional Development & Certification Courses on GST TaxGuru Edu, an educational wing of TaxGuru, announces Online Professional Development Courses on GST to help you in learning GST in a practical way. Professional Development Course on GST The Course covers GST from Basic to Advanced level covering major compliances, Filing of GST Return forms, E-Invoicing, […] from TaxGuru https://ift.tt/2IOHtXo via gqrds

Merchant Export Under CGST Act 2017

Merchant Export means an activity by a trader who exports or intends to export goods. The person engaged in trading activity and export or intend to export goods is a Merchant Exporter. A merchant exporter is mainly engaged in the export of goods and not services. from TaxGuru https://ift.tt/37QM848 via gqrds

Deemed Export Under CGST Act 2017

(a) Deemed Export is not a ZERO RATED SUPPLY (b) Applicable only for the supply of Goods (not applicable to the services) (c) Goods are not required to be taken outside India. (d) Such supply of goods must be notified by the Government as Deemed Export. (e) Goods must be manufactured in India (f) Payment received in Indian Rupee or in  convertible foreign exchange from TaxGuru https://ift.tt/37b7zxB via gqrds

6 GST Portal Updates / Enhancements in November 2020

1. Update on auto-population of e-invoice details into GSTR-1 The auto-population of e-invoice details pertaining to the period December, 2020 into GSTR-1 will start in the first week of December, 2020.The details of e-invoices pertaining to periods of October and November, 2020, would be processed and made available in incremental manner from 13th December 2020 […] from TaxGuru https://ift.tt/37XgDFr via gqrds

Service of Notices & Orders on “Common GST Portal”- But where is the “Common Portal?

Recently in Writ Petition filed before the Hon’ble High Court of Madhya Pradesh in the case of M/s Shri Shyam Baba Edible Oils vs The Chief Commissioner and another (W.P. No. 16131/2020) a grievance was placed by the Petitioner that a Show Cause Notice for proceedings under Section 74 of the CGST Act 2017 (Act) […] from TaxGuru https://ift.tt/3m6cfJq via gqrds

Mystery of Suo-Moto GST Registration Cancellation & FAQ’s

Dear friends, as we all know, now GST Department is taking very strict action against GST Defaulters. Now a days, GST Department has caught many persons for issuing fake GST Credit invoices. And GST Credit of all dealers who has taken credit of GST Input on the basis of fake Invoices has been blocked. As […] from TaxGuru https://ift.tt/2W9J1i8 via gqrds

ITC Refund Claim by SEZ (Special Economic Zone) Unit

1. Hon’ble Gujarat High Court in case of Britannia Industries Ltd allowed SEZ ( Special Economic Zone ) to claim a refund of ITC ( Input Tax Credit ) received from ISD ( Input Service Distributor) Unit 1.1. It is held that assessee, situated in Special Economic Zone (SEZ), could claim a refund concerning credit […] from TaxGuru https://ift.tt/3gFHQ3q via gqrds

Presumption/Admissibility of Document & Evidence Under GST

Section 144 of CGST Act, 2017 read with Section 145 of CGST Act, 2017 governs the provisions for Presumption as to documents in certain cases & Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence. Following aspects are dealt in the form of questions and their answers. 1. […] from TaxGuru https://ift.tt/37b3V6Q via gqrds

GSTN provides facility for communication between Taxpayers

GSTN has released a facility for communication between GST Taxpayers. The Facility can be viewed on www.gst.gov.in at following path after login- Dashboard ⇒ Services ⇒ User Services  ⇒ Communication Between Taxpayers. In this facility Taxpayer can raise Queries related to Debit Note, Credit Note and Sales Invoice. Taxpayer can raise Query both as Supplier […] from TaxGuru https://ift.tt/2KoJo68 via gqrds

Exemption under GST on Education Services

BRIEF NOTE ON EXEMPTION UNDER GST ON EDUCATION SERVICES: – Education services are exempt under GST in following two scenarios: A. Education Services Provided by Educational Institutions B. Services by an entity registered under Section 12A of the Income tax Act, 1961 A. Education Services Provided by Educational Institution Services provided by Educational Institution are […] from TaxGuru https://ift.tt/3465XDE via gqrds

Validity of Unloading of goods after expiry of E-way bill which reached destination before expiry of E-way Bill

The dispute in the present case lies within a narrow compass. It is undisputed that the petitioner ensured transportation of the vehicles under appropriate e-way bills that were valid from 31.12.2018 at 10.37 pm to 1.1.2019. The petitioner contends that the conveyance carrying the vehicles reached the place of destination on 1.1.2019 before the expiry of the validity of the e-way bills but the vehicles could not be unloaded on the same day and were being unloaded on 2.1.2019. from TaxGuru https://ift.tt/3oKQBfr via gqrds

NAA directs DGAP to re-investigate in the case of ‘Shalwak Infrabulls’

Aruna Popat Vs Shalwak Infrabulls (NAA) We have carefully considered all the submissions filed by the Applicants, the Respondent, and the other material placed on record and find that the Applicant No. 1, vide her complaint, had alleged that the Respondent was not passing on the benefit of ITC to her on purchase of the […] from TaxGuru https://ift.tt/37Wherd via gqrds

Detection of fake ITC to the tune of Rs. 154 Crores

Detection of availment and passing of fake ITC to the tune of Rs.154 Crores by issuance of fake invoices to the tune of Rs.1101 Crores by 206 units sprawling all over India—Regarding. from TaxGuru https://ift.tt/379GZFe via gqrds

Economy, Banking and GST in Covid Times

Reserve Bank of India’s bimonthly credit policy on 4th December, 2020 has shown signs of recovery and its stance towards supporting the economy under revival mode. The basic theme has been to support growth while ensuring that financial stability is maintained. It ensures easy liquidity and promises to take further measures, as may be necessary to provide access to liquidity and easy financing. from TaxGuru https://ift.tt/3gEA6yN via gqrds

Service of Notices & Orders on “Common Portal”- But where is the “Common Portal?

Recently in Writ Petition filed before the Hon’ble High Court of Madhya Pradesh in the case of M/s Shri Shyam Baba Edible Oils vs The Chief Commissioner and another (W.P. No. 16131/2020) a grievance was placed by the Petitioner that a Show Cause Notice for proceedings under Section 74 of the CGST Act 2017 (Act) […] from TaxGuru https://ift.tt/3m6cfJq via gqrds

Mystery of Suo-Moto GST Registration Cancellation & FAQ’s

Dear friends, as we all know, now GST Department is taking very strict action against GST Defaulters. Now a days, GST Department has caught many persons for issuing fake GST Credit invoices. And GST Credit of all dealers who has taken credit of GST Input on the basis of fake Invoices has been blocked. As […] from TaxGuru https://ift.tt/2W9J1i8 via gqrds

Merchant Export Under CGST Act 2017

Merchant Export means an activity by a trader who exports or intends to export goods. The person engaged in trading activity and export or intend to export goods is a Merchant Exporter. A merchant exporter is mainly engaged in the export of goods and not services. from TaxGuru https://ift.tt/37QM848 via gqrds

Deemed Export Under CGST Act 2017

(a) Deemed Export is not a ZERO RATED SUPPLY (b) Applicable only for the supply of Goods (not applicable to the services) (c) Goods are not required to be taken outside India. (d) Such supply of goods must be notified by the Government as Deemed Export. (e) Goods must be manufactured in India (f) Payment received in Indian Rupee or in  convertible foreign exchange from TaxGuru https://ift.tt/37b7zxB via gqrds

6 GST Portal Updates / Enhancements in November 2020

1. Update on auto-population of e-invoice details into GSTR-1 The auto-population of e-invoice details pertaining to the period December, 2020 into GSTR-1 will start in the first week of December, 2020.The details of e-invoices pertaining to periods of October and November, 2020, would be processed and made available in incremental manner from 13th December 2020 […] from TaxGuru https://ift.tt/37XgDFr via gqrds

Advisory on timely amendment of registration particulars in GST

All registered GST taxpayers are advised that whenever there is any change in premises, constitution of business or any other particulars, such changes should be amended in the GST registration within the prescribed time. from TaxGuru https://ift.tt/3ngQN5S via gqrds

Extend GSTR-9/9A/9C due date for FY 2019-20 to 30/06/2021

Gujarat Sales Tax Bar Association has requested for extension of due date for submission of Annual Return (GSTR-9 & 9A) and reconciliation statement – GST Audit Report (GSTR-9C) for F.Y. 2019-20 from 31/12/2020 to 30/06/2021. Relevant Text of their representation to Smt. Nirmala Sitharaman, The Hon’ble Union Finance Minister, Government of India, North Block, New […] from TaxGuru https://ift.tt/344SUSy via gqrds

Join Online Certification Courses on GST and Income Tax

Join Professional Development & Certification Courses on GST and Income Tax by TaxGuru Edu. TaxGuru Edu, an educational wing of TaxGuru, announces Online Professional Development Courses on GST and Income Tax to help you in learning them in a practical way. Course 1 – Professional Development Course on Income Tax The Professional Development Course on […] from TaxGuru https://ift.tt/2IOHtXo via gqrds

Audit by GST departments – Need for all India level SOP

1. Both Central and State GST departments have started issuing notices under Section 65 of CGST/SGST Acts for conduct of audit of tax payers records for the years 2017-18 and 2018-19. 2. Section 65 of the CGST Act is reproduced hereunder – Section 65 – Audit by tax authorities (1) The Commissioner or any officer […] from TaxGuru https://ift.tt/3n9T4Ql via gqrds

List of Sr./Jr. Standing Counsels, CGST for different High Courts

The President of India is please to appoint a fresh panel of Sr./Jr. Standing Counsels of CBIC to handle litigation of Indirect Taxes before various High Courts (other than Delhi High Court) and other fora, in terms of Instruction F. No. 278A/43/2007-Legal dated 05.12.2007, as per following details. from TaxGuru https://ift.tt/3oIm95A via gqrds

Filing of Final Return (GSTR10) by GST dealers whose registration is cancelled or surrendered

Filing of Final Return (GSTR 10) by GST dealers whose registration is cancelled or surrendered As we know that GST has been implemented w.e.f 01.07.2017 in India and various exemption limit for registration has been provided from time to time. For example: at the time of implementation of GST the minimum turnover criteria was Rs […] from TaxGuru https://ift.tt/3qPgcWk via gqrds

Dilemma on GST on Benefits given by Employer to Employee

Goods and Service Tax Act, 2017, the most revolutionary indirect tax reform, brings many challenges along with it. One such issue is whether GST is leviable on services provided by the employer to its employee. In the GST regime, for any transaction to come under the purview of GST, it must be a supply under […] from TaxGuru https://ift.tt/2W1BvWv via gqrds

Allahabad HC: Revokes Order of Cancellation of Registration & condemns callous attitude of Department

Allahabad HC: Revokes Order of Cancellation of Registration & condemns callous attitude of the Department The Hon’ble Allahabad High Court in the matter of Ansari Construction vs. Additional Commissioner, CGST (Appeals) & Ors. [Writ Tax No. 626 of 2020 dated November 24, 2020] set aside ex-parte order seeking to cancel assessee’s registration for failure to […] from TaxGuru https://ift.tt/37U80LV via gqrds

Petition cannot be filed before HC when alternate remedy exists merely for necessity of pre-deposit for Appeal

Raju Laxman Pachhapure Vs Union of India (Bombay High Court) In this case Appellant submits that although there is a statutory remedy of appeal available against the order and though the petitioners are desirous of filing the same but because a pre-deposit would be necessary for filing an appeal which would be burdensome on the […] from TaxGuru https://ift.tt/3n7LGVH via gqrds

Tax liability under section 73 & 74 of CGST Act 2017- Analysis

Analysis of provisions of determination of tax liability under section 73 and 74 of CGST Act, 2017 Section 73 and 74 of CGST act deals with determination of tax liability and adjudication of case in respect of normal and fraud/ suppression case respectively. In this article we will discuss provisions of section 73 and 74 […] from TaxGuru https://ift.tt/37U1zbJ via gqrds