The Bombay High Court dismissed pleas of Directors seeking to quash criminal proceedings for allegedly creating fake invoices to evade tax liabilities.
The directors of Ganraj Ispat Private Limited raised the plea for quashing criminal proce ...
The Bombay High Court dismissed pleas of Directors seeking to quash criminal proceedings for allegedly creating fake invoices to evade tax liabilities.
The directors of Ganraj Ispat Private Limited raised the plea for quashing criminal proce ...
The appellant, Asalam Khan was working as a road cleaner in Dubai. Earlier he went to Dubai and returned after about 18 months. Second time he went to Dubai and returned back, after a stay of more than six months, at Jaipur Airport.
Th ...
The Jharkhand High Court directed the GST Authority either to open the GSTN portal enabling the application for refund in GST RFD-01 or to manually accept the application for refund.
The petitioner, Atibir Industries Co. Ltd. is primar ...
The Customs, Excises, Service Taxes Appellate Tribunal (CESTAT), Delhi Bench while providing relief to Interglobe Aviation allowed the Integrated Goods and Service Tax (IGST) Exemption available on re-import of repaired parts or aircraft into Indi ...
The Allahabad High Court held that uploading of show-cause notices on GSTN Portal is not valid as the petitioner did not visit the ...
In the matter of Tripura Ispat v/s The Assistant Commissioner of Central Goods & Service tax, Agartala. The Tripura High Court cancelled the order of recovery of wrong refund granted on education cess.
The petitioner, Tripura I ...
The Gujarat High Court issued the notices on plea challenging 5% Provisional Input Tax Credit (ITC) reflected in FORM GSTR-2B as per the 36(4) of GST Rules.
The petitioner, Surat Mercantile Association challenged the constitutional val ...
The Madhya Pradesh Authority of Advance Ruling (AAR) held that no Input Tax Credit (ITC) available on demo vehicles available in furtherance of business.
The applicant, M/s Khatwani Sale and Service LLP was an authorised dealer of KIA ...
The Gujarat Authority of Advance Ruling (AAR) ruled that 5% GST not applicable to the bulk drug Danuorubicin, Epirubicin, Idarubicin and Zoledronin Acid.
The applicant, M/s. Sterling Biotech Ltd. was engaged in the manufacture of pharm ...
In a significant development the Gujarat AAR has given a ruling that the GST rate for all types of food items will be 5% ...
The applicant M/s. Uday Laxman Jadhav was registered under GST law. The applicant submitted that they were e ...
Members of the World Trade Organization on 08th January 2021 appreciated India’s goods and services tax, reforms on taxation, trade facilitation and improving the ease of doing business, and liberalized regimes for FDI and intellectual property ri ...
In the matter of Indriya Construction Company vs. Additional Commissioner the petitioner has challenged a Show Cause Notice dated 23.10.2019 on the point that the procedure set out for adjudication/assessment has not been followed, insofar as ther ...
The Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ), Allahabad Bench directed the revenue to refund the admissible amount of credit to Kronos Solutions India.
The appellant, Kronos Solutions India Pvt. Ltd. was registered ...
GST e-invoice system, the game-changer in the GST system, has completed a journey of three months and has facilitated the smooth transition of the taxpayers to the new platform. It has enabled more than 37000 taxpayers to generate more than ...
The Kerala High Court has quashed the rules brought in by the Kerala government ...
The GSTN
has issued the advisory on Auto-population of E-Invoice details into
GSTR-1/2A/2B/4A/6A.
The Kerala Appellate Authority of Advance Ruling (AAAR) while affirming the AAR’s ruling held that no concessional rate of 12% GST applicable for work contract services supplied to Kerala State Electricity Board.
The Kerala State Elect ...
India’s Central Economic Intelligence Bureau (CEIB), an important part of the Indian Finance Ministry has put forward a proposal to the Government to impose an 18% tax on Bitcoin trading in the country.
According to a report, an estimated am ...
The CBIC has notified certain changes to the GST Rules, bringing in stringent conditions for getting GST registration as well as for businesses to settle tax liability using input tax credit.
The CBIC has introduced Rule 86B in GST Rules, to ...
The Tripura High Court held that the adjudicating authority has no right to rectify an error after the expiry of a period of more than three months.
The petitioner, M/s Kiran Enterprise is the distributor of Airtel as engaged by Bharat ...
The Applicant, Mr. Amogh Ramesh Bhatawadekar was a supplier in digital goods i.e. online games. He was located at Thane and has not obtained GSTIN under the impression that whatever services they are rendering is export of e-goods. It was a propri ...
The Customs, Excise, Service Taxes Appellate Tribunal ( ...
The Petitioner, M/s. Sri Ganesh Lubricants, challenged the demand of the Commercial Tax Officer calling upon the petitioner to pay a sum of Rs.21,33,005 towards dishonored cheques totally amounting to Rs.21,33,005, which were issued by the petitio ...
There is good news for the taxpayers which will help them to ease out their ITC glitches. The deficiency in the GSTR-2A has been a constant source of headache for most of the business establishments which prevents them to claim full ITC.&nbs ...
The govt. had set up a parliamentary panel to study and recommendation regarding the measures to bolster the health of automobile sector. Now it has suggested a reduction in GST on automobiles to 18% to boost the demand and help the industry ...
In the matter of Chechani Trading Company Vs State of Gujarat the writ applicant challenged the provisional attachment orders passed u/s 83 of the Gujarat GST Act in respect of the Current and Savings Bank account held by the applicant. Applicant ...
In the matter of Elaf Tours and Travels, ors. Versus Union of India and anr. the petitioners sought quashing of order passed by the respondents rejecting the application (declaration) filed by petitioner No.1 under the Sabka Vishwas (Legacy Disput ...
The Rs 2,000-crore writing instrument industry is facing a double whammy of taxation issues and demand slump with most of the educational institutions being closed in the country due to the COVID-19 pandemic, officials said on Wednesday.
Pen ...
The Allahabad High Court held that the service of the order on truck drivers can not be a valid service as by no stretch of the imagination the truck driver can be termed as representative of the petitioner.
The petitioner, M/S Singh T ...
The instant case of Director-General Of Anti-Profiteering Vs Prasad Media Corporation Pvt. Ltd. pertained to Anti-Profiteering under S.171 of the CGST Act, 2017 and it was decided on 27th November 2020.
It was alleged that the re ...
Goods and services tax collections hovered around Rs 1.05 lakh crore for the second month with the mop-up in November, 2020, estimated to be 1.4% higher than the corresponding period last year.
the month, revenues from import of goods was 4. ...
“GST Network (GSTN) along with tax officials would persua ...
The Customs, Excise and Services Tax Appellate Tribunal (CESTAT) while allowing refund claim of Cenvat Credit by the Export Oriented Unit (EOU), held that the certificate issued by CA or Bank is enough to establish link between the Foreign Inward ...
The Delhi High Court dismissed the plea of BYJU’S to direct the Director-General of GST Intelligence (DGGSTI) to shift recording of statement of their CFO at a city of their choice.
The Petitioner has invoked the extraordinary jurisdic ...
The law committee of GST Council has suggested that a new registrant must opt for compulsory physical verification and personal identification in case he opts for non-Aadhaar authentication-based registration and does not have the income-tax (I-T) ...
The malpractice of fake invoices generation and the consequent circular trading seems to be widely entrenched in the business world more or less like Covid-19. In Covid-19 the effective and voluminous tests are identifying greater number of people ...
The Haryana Authority of Advance Ruling (AAR) has said that free transport provided by an employer to ferry employees to work is subject to goods and services tax (GST), adding a fresh twist to an issue where some other states have taken a differe ...
The government’s nationwide drive against fake Goods and Services Tax (GST) invoices on its fifth day saw five more ...
In terms of Rule 138E (a) and (b) of the CGST Rules, 2017, the E-Way Bill (EWB) generation facility of a taxpayer is liable to be restricted, in case the taxpayer fails to file their FORM GSTR-3B returns / Statement in FORM GST CMP-08, for two or ...
On 18th November a panel of officials attached to the Goods and Services Tax (GST) Council will discuss further tightening of the way GST registration is issued to businesses to check tax evasion.
The law committee of the Council will thrash ...
The Central Board of Indirect Taxes and Customs (CBIC) Wednesday specified the forms and manner of providing details of outward supplies while filing returns.
From January 1, 2021, quarterly return filers will have to furnish business to bus ...
Subsidiaries or Multi National Companies and Indian companies providing services to foreign entities have ...
The central government is reviewing the treatment of liaison offices of multi national companies because there have been divergent rulings by different AARs.
The Karnataka Authority for Advance Ruling has held liaison office to be an interme ...
The issue of shortfall of GST compensation to states is becoming more and more vexatious day by day and the opposition by the handful of states is getting murkier, so much so that now the chief minister of Rajasthan Mr. Ashok Gehlot has raised a q ...
The Madras High Court held that the Goods and Services Tax (Compensation to States) Act, 2017 is only directory and not mandatory and there is no mechanism to deal with non-compliance with the timeline. The petitioner, G. Sundarrajan is a Graduate ...
In the matter of Radhakrishna Textiles Vs Superintendent Of Central Tax and Central Excise,
the case of the petitioner was that proceedings were earlier initiated against him for penalty under Section 122 of the GST Act and the said proceedi ...
Various companies have started getting notices from State GST Authorities, even as the Centre is talking about lowering compliance burden.
These notices are for initiating department driven audits wherein team of officers would undertake com ...
Providing a very significant relief to GST assessees, Madras High Court has set aside orders for levying interest on input tax credit (ITC) as applied on delayed payment. This is in line with GST Council’s resolution of levying interest on net cas ...
In a bid to bridge the Goods and Services Tax (GST) revenue shortfall, the Modi government has borrowed and transferred ₹6,000 crore as the second tranche to 16 states and 3 union territories under a special borrowing window.
The Ministry of ...
The Finance Secretary Mr. Ajay Bhushan Pandey has stated that there is a misconception in the minds of some industry representatives that a rate cut in GST helps the industry grow faster. In fact when we analyse the actual business scenario, we fi ...
In many cases the rates of tax on inward supplies are higher than the rate of tax on outward supplies. Such situation is referred as "Inverted duty structure" (IDS). The IDS invariably results in accumulation of input tax credit (ITC) and thereby ...
Filing GST returns continues to be a tedious and tiresome process, especially for micro, small and medium enterprises (MSMEs) who are already facing difficulty because of a number of issues owing to the Covid-19. Be it the portal, the law itself t ...
Many companies have reported an increase in their indirect tax outgo due to a steep jump in their import costs after the Covid pandemic. They fear that when things go back to normal, they could face intense scrutiny from the taxman. This is ...
Calling India as an extraordinary country growing at an incredible scale, energy super major BP Plc on October 26 said it is looking to expand its presence in the nation in fuel retailing and mobility solutions, but wanted natural gas to be includ ...
In the case of Kolhapur Foundry and Engineering Cluster, the applicant was involved in promotion of commercial activities relating to foundry industry & preservation of environment through its sand reclamation plants. The applicant received wa ...
The central government on October 23 started the process of releasing funds every week to states, which opted to bridge their GST revenue gap with debt, by borrowing money under a special RBI window.
The Centre borrowed and transferred Rs 6, ...
The Central Board of Indirect Taxes and Customs (CBIC) has provided further relaxations in compliance for small taxpayers for the financial year ended March 2020.
The requirement to file annual return in GSTR-9 by taxpayers having aggregate ...
In the matter of GAURAVKUMAR SUDARSHANKUMAR ARORA Versus STATE OF GUJARAT (Oct 2020) the complainant was informed by the GST officials that without their permission, godown was maintained by the complainant at Borna and therefore, he w ...
The GST compensation shortfall has been the bone of contention between the Center and the states, who have maintained that any shortfall should be compensated by the center as per GST (Compensation to States) Act 2017. Whereas the finance minister ...
The issue of levying Goods and Services Tax on intermediaries has come back to the fore and the Gujarat High Court is planning to relook at the controversy. The issue is whether certain Indian units of multinationals or BPOs are actually supplying ...
In the matter of ACCGST & CE Vs Sutherland Global Services Pvt. Ltd an interesting and important question arose in the intra Court appeal from the judgment of the learned Single Judge dated 05.09.2019 allowing the writ petition of the Assessee ...
Close on the heels of the Centre agreeing to borrow Rs 1.10 lakh crore on behalf of states for meeting GST shortfall, FM reached out to all states on Friday explaining the contours of the special window. She appreciated the constructive cooperatio ...
The central government will borrow ₹1.1 lakh crore under the special window to meet the shortfall of Goods and Services Tax (GST) compensation, the finance ministry informed on Thursday. "Under the Special Window to States for meeting the GST comp ...
Some Opposition-ruled states will take a call on Friday on approaching the Supreme Court on the issue of the Centre pressing states to borrow to meet the deficit in GST compensation cess fund.
Kerala finance minister Thomas Isaac told that c ...
A day after the goods and services tax (GST) Council meeting ended in a deadlock, the Centre on Tuesday allowed 20 states to borrow an additional Rs 68,825 crore through the market to make up for the compensation shortfall amid inadequate cess col ...
As the Goods and Services Tax (GST) Council could not reach a consensus on borrowing options in lieu of compensation cess shortfall, Finance Minister Nirmala Sitharaman said that some states questioned whether the Council has any authority to disa ...
The government may consider allowing India Inc to deposit GST on cash basis to help them tide over the liquidity woes during the Covid-19 pandemic. It said while formalising its support strategy for the industry in the next phase, the government c ...
Taxes are
good. This statement might go against the popular opinion but it is worth discussion.
...
In the matter of Gurvinder Singh Sohal Versus Central Bureau of Investigation the petitioner, a GST official has prayed for grant of anticipatory bail against FIR dated 13.8.2020 registered under Section 120-B IPC and Section 7 of the Prevention ...
In the matter of Ravi Nandan vs. State of Punjab, a petition was filed against order dated 11th September, 2020 rejecting the prayer of anticipatory bail in FIR No. 8, dated 21st August, 2020 under Sections 420, 465, 467, 468, 471 and 120-B of the ...
The Center has made up its mind for not allowing any voting in the GST council’s meeting to be held next we ...
The 42nd GST Council Meeting was held under the chairmanship of Union Finance & Corporate Affairs Minister through video conferencing. Following issues were discussed and decided in the meeting:
The Central Govt. is determined to reject the opposition ruled states’ demand to set up a dispute resolution body for settling the differences related to GST. Because such a step is likely to encroach upon the powers o ...
In the matter of Shiv Kishor Construction Private Limited V/s Patna High Court, the Petitioner has prayed for setting aside the order dated 31.01.2020 passed by the Deputy Commissioner of State Tax, Patna Central Circle, Bihar, Patna in exercise o ...
Ahead of the crucial meeting of the Good and Services Tax (GST) Council on October 5, the Opposition-ruled states are set to reject the Centre’s two borrowing options on GST shortfall compensation and are likely to take a common stand at the meeti ...
After introduction of GST, a number of cases were noticed where some suppliers did not file the returns even though they have not opted for composition scheme or below threshold limit. They do not upload their transactions in the form of GSTR-1 ...
In the matter of Mukesh Kumar, by way of a writ petition, petitioner had challenged the action of the GST authorities in not reimbursing the differential tax amount arising out of change in tax regime from Value Added Tax (VAT) to Goods and Servic ...
In the matter of Ramprastha Promoters And Developers Pvt. Ltd Vs UoI the petitioner challenged the order dated 14th February 2020 of the National Anti-Profiteering Authority wherein it was held that the petitioner has profiteered to the extent of ...
Finance Ministry on Saturday defended itself against Comptroller & Auditor General’s (CAG) remark regarding short crediting to the Fund of the GST Compensation Cess during FY 2017-18 and 2018-19. The Ministry also made it clear that it was not ...
Citing the opinion of the Attorney General of India, Finance Minister Nirmala Sitharaman told Parliament last week that there was no provision in the law to compensate states for loss of GST revenue out of the Consolidated Fund of India (CFI).
...Electric vehicles are a better alternative to fuel-based automobiles to mitigate air pollution as these vehicles do not spew smoke on the general public. Therefore the government is targeting to switch over to e-vehicles in next 10 yea ...
In the matter of Manufacturers Traders Association Vs. UoI & others the petitioners had sought inter alia a writ in the nature of mandamus directing the Central Government as well as the Government of NCT of Delhi to notify the GST rate of 5% ...
In the matter of Jay Jay Mills India Pvt. Ltd Vs State Tax Officer the petitioner had in terms of Section 16(3) of the IGST Act, 2017, applied for refund of ITC under Section 54 of the CGST Act, 2017 but the same was rejected by the concerne ...
The GST Council, in its 39th meeting, held on 14th March, 2020 recommended interest to be charged on the net cash tax liability w.e.f. 01.07.2017 and accordingly, recommended the amendment of section 50 of the CGST Act retrospectively w.e.f. July ...
The Goods and Service Tax Network (GSTN) has recently activated the validation of delinking of Credit or Debit Note (CDN) from its original GST invoice on the GST portal. In other words, GSTN has enabled the facility to report consolidated credit ...
Facts: In the case of Hindustan Coca Cola Pvt. Ltd vs. Assistant State Tax Officer, carbonated fruit drinks manufactured by petitioners was classified under HSN 2202 9920 and they were discharging GST @ 12% on all intra State and inter-State suppl ...
Industry bodies and multinational firms have sought deferment of obligatory e-invoicing until January 2021, seeking extra time to implement requisite technical ...
M/S Mother Earth Environ Tech Pvt. Ltd. (applicant) was into the solid waste management. They provided services for treatment, storage and disposal of the hazardous waste. They collect the hazardous waste from the various industries across Karnata ...
While the confrontation between Center and States continues on the modus operandi to meet the shortfall in the compensation amount, Attorney General has given his valuable opinion that GST council has the powers to ask Center to let States borrow ...
M/s. Tata Motors Limited sought an advance ruling in respect of the following questions:
1. Whether input tax credit (ITC) available to Applicant on GST charged by service
provider on hiring of
bus/motor vehicle having seating capaci ...
13 states ruled by the BJP and alliance parties have submitted their borrowing options to the Centre to meet the GST revenue shortfall.
These 13 states include Bihar, Odisha, Andhra Pradesh, Gujarat, Uttarakhand, Haryana and Meghalaya. Six m ...
In the matter of Ashok Kumar Vs Commissioner Of CGST & CE the applicant had filed an SLP in Supreme Court against the decision of the Delhi HC denying him the anticipatory bail for the offence of circular trading and availing fake ITC under GS ...
In the matter of M/S Jackpot Exim Private Limited vs. UOI & others the petitioner was aggrieved by the order of provisional attachment of the property under Section 83 of the CGST Act, 2017. The submission was that on a spot inspection of the ...
The Rajasthan Authority of Advance Ruling (AAR) ruled that 5% GST is not applicable on local transportation services. The applicant is engaged in the business of providing tour services to the tourists identified by the Main Tour Operator. ...
In the matter of Urbanclap Technologies India Pvt Ltd Vs State Tax Officer three orders of assessment, all dated 14.02.2020, passed in terms of the provisions of the Central Goods and Services Tax, 2017 for the periods 2017-18 to 2019-20 were chal ...
(A) Now values of monthly GSTR-1 will be made available in Form GSTR-3B
1. A pdf statement has been ...
Facts: There were allegation of floating bogus firms and supply of fake invoices to pass ITC. Petitioner sought quashing of the condition in order dated 08.04.2020 passed by the Addl. Sessions Judge, Panipat whereb ...
The Union minister of Heavy Industries and Public Enterprises Prakash Javadekar on 04th September 2020 said the central government is looking into automobile industries recommendation for a reduction in Goods and Services Tax (GST) rates by 10% ac ...
State governments are now quite unhappy for having sacrificed their sovereignty for a national goods and services tax (GST), which subsumed 17 central and state indirect taxes and left little room for states to raise revenue on their own.
De ...
1.Provision to make amendment, multiple times, in Table 4 of Form GSTR-8
Earlier, if no action was taken on TCS details, auto-populated in TDS/TCS credit form, by the supplier or if the same were rejected by ...
Reforms such as GST are difficult to implement because of the transition from the old regime to a new framework is challenging. In GST’s case, the shift required both the Center and states to give up their sovereignty in levying indirect taxes to ...
CBIC has introduced a new document in the form of GSTR-2B to help the assessees in verifying the ITC availed by them. GSTR-2B is an auto-drafted ITC statement which will be generated for every reg ...
The government has kicked off mega overhaul of GST laws to decriminalise various offences. The move is set to bring cheers to the industry which has been complaining of harassment by tax authorities.
Directorate General of Goods and Services ...
It has been noticed that these days a spate of show cause notice are being issued by GST Authorities almost on daily basis. The issue as to whether the authorities are actually following the procedure as prescribed in the statute before issuing an ...
GST Council at its 41st meeting tried to resolve the long drawn, festering and stinging issue of compensation payment to the States. During a marathon meeting of five hours FM described the Covid-19 as an “act of God” and gave two options to ...
The Central Board of Indirect Taxes & Customs (CBIC) clarified on 26.08.20 through tweet as well as Press Release that the Notification No. 63/2020- Central Tax dated 25th August 2020 relating to interest on delayed payment of GST has been iss ...
After a long drawn wait of more than one and a half year, at last the central government has notified through notification no. 63/2020 dated 25.08.20 the Proviso to section 50(1) of CGST Act 2017 which was inserted thru section 100 of the Finance ...
About 44 companies including HUL, Abbott, Jhonson and Jhonson, Philips, Samsonite, Acme developers, Rickett Benckiser and Patanjali have challenged the Indirect Tax department in Delhi HC over anti-profiteering provisions in GST. These companies h ...
Board had issued Instruction dated 27.04.2020 for the conduct of personal hearings in virtual mode. CBIC vide Instruction dated August 21, 2020, has now decided to make it mandatory for various authorities, such as Commissioner (Appeals), original ...
A writ petition was filed by the petitioner GSTN seeking an appropriate writ of certiorari for quashing order dated 13.10.2016 passed by Information Commissioner, CIC. The Respondent No. 2 filed an RTI application addressed to CPIO of the petition ...
In a first of its kind order dated 14th Aug 2020, the National Anti-profiteering Authority (NAA) has given a reprieve to a real estate company despite the company not passing on the benefits of input tax credit to homebuyers.
The Applicant, ...
The High Court of Madras on 24th Aug 2020 had restrained the Central Government from appointing technical members to the Goods and services Tax Appellate Tribunals (GSTAT) until further orders.
The matter was in relation to a plea that was f ...
A plea was moved in Delhi High court that sought direction to Central government to classify masks and sanitizers as Essential Commodities under Essential Commodities Act, 1955 and to regulate its prices during COVID-19 pandemic.
A Bench of ...
1.House ownership: Individual taxpayers who are joint owners of house property cannot file ITR 1 or ITR4.
2.Passport: One needs to disclose the Passport number if held by the taxpayer ...
A panel of state finance ministers on Friday veered around a proposal to levy 3 per cent GST on sale of old gold and jewelry to check tax evasion.
The Group of Ministers (GoM) also decided to implement e-way bill for transportation of gold w ...
On July 30, 2020, the Authority for Advance Ruling, Karnataka (AAR) put forward a ruling in which it stated that Good and Service Tax (GST) at 12% rate will be applicable on manufacturing and supply of the Railway parts including but not limited t ...
While the government is working to boost GST revenues, steps to make the filing of returns easier for taxpayers are also needed. Filing GST returns will be easier with technological changes set to be introduced over the next few months, while putt ...
Coaching classes do not get any exemption from Goods and Service Tax (GST), this position was reiterated by a ruling given by the Andhra Pradesh bench of the Authority for Advance Rulings (AAR). An analogous stand has been taken earlier, by the Ma ...
The Authority of Advance Ruling (AAR) Maharashtra came up with a ruling that clarifies that immovable property with no distinct goods and services will attract Work Contracts.
The said ruling comes into a case where the Applicant, Prasa Info ...
It has been over three years since the introduction of GST, but there still continue to be several areas of drawbacks of the GST portal. Even today the GST portal is not error or glitch free. Taxpayers are unable to access GST Return filing system ...
The state governments are facing a severe revenue crunch, which could be exacerbated by delays in receipt of adequate Goods and Services Tax (GST) compensation from the central govt.
The states own tax revenues, which form the bedrock of the ...
An application filed by Uttarakhand Forest Development Corporation in AAR Uttarakhand. The applicant filled Form 2.1 for transportation of goods from one place to another. The said form carries details of material, vehicle no., name of driver & ...
In the case of Amit Beriwal vs. State of Odisha before Odisha HC, the Petitioner, who was in custody, had filed a bail application. Underlying complaint and the prosecution report indicates that a large number of fraudulent business transactions w ...
A Writ petition was filed in HC of Kerala by Jeelani against Assistant State Tax Officer State Goods and Service Tax Department & Deputy Commissioner (GST)
The petitioner has approached the Court aggrieved by detention of his vehicle, wh ...
The Attorney General has opined that there is no obligation on the central government to pay the GST compensation shortfall to states and the GST Council has to decide on ways to make good any shortfall.
After the GST Council's meeting in Ma ...
States are under tremendous stress to agree to rationalization of GST charges by transforming slabs and elevating the le ...
In the case of M/S Versatile Construction Versus State of U.P. and 4 others the petitioner filed a writ petition i ...
The Central Board of Indirect Taxes and Customs (CBIC) has invited suggestions to review the Customs laws and procedures a ...
Refund under GST is covered by Rule 89 to Rule 97 of CGST Rules, 2017. Rule 89 of the CGST Rules, pertains to application ...
The other day CBIC has signed an MoU with CBDT to share information on automatic and regular basis. Under the MoU CBIC w ...
In a situation where the decision of the Delhi HC permitting filing of TRAN-1 return by 30th June 2020 by i ...
The Goods and Services Tax Network (GSTN), which manages the information technology system of the indirect tax regime, ...
In a first welcome move the Delhi High Court has allowed Samsonite India, a company engaged in the business of manufactu ...
The Karnataka State AAR has recently ruled that leasing services provided by a tenant would be subject to GST.
...The Central Board of Indirect Taxes (CBIC) has issued directions to all field offices to clear all the pending regist ...
The applicant M/s UshaBala Chits Private Limited is engaged in conducting chit auctions. It is responsible to pay the prize money by due date to the winner of auction, therefore, collection of amount from members is mandatory for paym ...
The applicant M/s Sri Satya Sai Water Supply Project Board, Office of Executive Engineer (RWS) Panchayat Raj Department, Z.P. Compound, Anantpur is constituted by the Government i.e. State of Andhra Pradesh under G.O.Ms.No.344, dated 16.09.1997 ...
The Commissioner (Appeals) allowed a refund claim of nearly Rs. 1.5 crore in July 2019. Even after nearl ...
In a setback to a Nariman Point Cooperative Housing Society (CHS), the GST-Authority for Advance Rulings, Maharashtra, has held that its activities towards its members were “taxable supply” under the GST Act. In other words, GST must be levied and ...
CBDT has provided one-time relaxation for verification of tax returns for 5 assessment years from 2015-16 to 2019-20. As per laid down system an Income Tax return has to be ...
Shri M. Ajit Kumar, Chairman, Central Board of Indirect Taxes and Customs (CBIC) launched the e-Office application in over 500 CGST and Customs offices across India. The e-Office application was launched remotely in the presence of over 800 ...
The Maharashtra Appellate Authority for Advance Ruling (AAAR) has ruled that the membership fees or admission fees collected by the club are not towards the prov ...
A dispute has erupted between the government and the Hand Sanitisers manufacturers over the rate of GST applicable to it. As per GST authorities the ...
Investment in plant and machinery has been the traditional parameter on which MSMEs have been classified, enabling them access to various sops such as concessional finance, though the main benefit of excise duty relief has been lost ever since the ...
The applicant is a Charitable Trust and is running a medical store where medicines are supplied at a lower rate. It has sought an advance ruling to determine that whether medicines sold by it at a lower rate amounts to supply of goods or not under ...
E-way bill, or electronic way bill, is a document that needs to be generated by registered GST taxpayers for inter-state movement of goods if the value of the consignment is more than Rs 50,000. It is one of the prominent indicators of economic ac ...
The applicant is the owner of various goods transport vehicles and registered as goods transport agency (‘GTA’) under GST. A company named POSCO ISDC Pvt. Ltd.(‘POSCO’) which provides GTA services, sub-contracts service of transportation of goods ...
The goods and service tax regime complete three years since it was first introduced on July 1 2017. The biggest tax reform for indirect taxes in India has created a single market emulating international best practices, but hiccups for taxpayers re ...
After the NCLT, Kolkata Bench, passed an order on 19/07/2019, declaring the applicant a corporate debtor under the IBC, 2016 and appointed a liquidator. The applicant wants to know whether any sale done by the liquidator of the assets of the appli ...
Real estate companies tha ...
The assessee was a registered dealer ...
Property developers were already battling a pronounced demand slump for rented space, resulting in either surrendered tenancy or abysmally low rents. And they now have another problem to tackle – paying goods and services taxes (GST) at 18% GST on ...
👉 Notification No. 49/2020 - Central Tax
To bring into effect certain provisions of the Finance Act, 2020
👉 Notification No. 50/2020 - Central Tax
Notifying rates of GST for Composition Taxable Persons under Rule 7 o ...
The applicant is an intermediary located in non-taxable territory (USA) and provides services of online exams/tests via electronic software to the nontaxable online recipients in India. It has classified these tests into three categories- Type-1, ...
India has fast-tracked the creation of a Centralised Appellate Authority of Advance Rulings, wary of divergence in rulings by regional bodies leading to confusion in the three-year-old goods and services tax regime. Discussions have picked up the ...
GST will be levied on sale of land for which primary amenities - such as drainage, waterline and electricity - have been provided by real estate developer, the Authority for Advance Ruling (AAR) has said.
The AAR has also concluded that sale ...
The Supreme Court of India stayed Delhi High Court Judgment directing GST Department to open the facility to file GST Tran-1 till 30th June 2020. It is a big setback to businesses that were expecting some relief by availing themselves of accumulat ...
The value of exempted income, like interest on PPF, savings bank account and loans given to family/friends, will be included along with taxable supplies while calculating the threshold limit for obtaining GST registration, the Authority for Advanc ...
The assessee was registered under Central Excise Act and had deposited amount in its PLA for further utilization. On introduction of GST, with effect from 1 July 2017, the deposits in PLA became non-usable. CBIC clarified that only the balance in ...
The High Court of Delhi recently directed the GST Authority to open an online portal to enable Petitioner to file revised declaration TRAN-1 electronically, or manually.
The petitioner asserts that it is entitled to transitional credit consi ...
GST officials are pushing for rise in levies, while correcting the inverted duty structure on garments, footwear and fertilisers to ensure that states and the Centre earn more revenue amid signs of higher economic activity.
Several state fin ...
The Centre conveyed that there is a need to factor in the “abnormal situation” due to the coronavirus pandemic, which it described as an “act of God”, indicating that there was no insurance for 14% growth in GST collections during these times.
...In a recent GST ruling, Karnataka Bench of Authority for Advance Rulings ruled that the parotas would be subject to a higher GST rate of 18%. AAR differed from the view of the applicant, a private food manufacturing company based in Whitefield, th ...
The 40th GST Council Meeting, chaired by Finance Minister Nirmala Sitharaman, was held on June 12. The Centre has announced a rate cut for small taxpayers, adding that no late fees would be charged in case of late filing of returns for the period ...
The Central Board of Indirect Taxes and Customs (CBIC) said GST will not be levied on salaries paid to directors who are employees of the company. The CBIC issued a clarification following a ruling by the Rajasthan Authority of Advance Ruling (AAR ...
Notification 45/2020 - Central Tax, dated 09-06-2020
Transition date in GST due to merger of erstwhile UTs of Daman & Diu and Dadra & Nagar Haveli extended till 31-7-2020
The transition procedure prescribed by CBIC to ascertain ...
The government allowed the filing of nil monthly returns of goods and services tax (GST) through an SMS-based facility, in a bid to facilitate the taxpayers. Businesses with a nil GST liability in a month will be able to file their return through ...
The Authority of Advance ruling (AAR) ruled that 18% of Goods and Service Tax is applicable on leased premises for Cold Storage purpose of agriculture produces on Leasing Charges.
The applicant, M/s. Gubba Cold Storage Private Limited is dea ...
One of the issues relating to place of supply that has been subject to divergent interpretations is supply (sale) on ex-works or ex-factory basis for a buyer in a different State. Recently, Authority for Advance Rulings, Telangana has delivered a ...
The applicant is an importer of storage solutions and vertical storage solutions (machines) from Germany and distributes the imported goods to industrial customers all over India.
The applicant has sought advance ruling to determine whether ...
As customer defaults mount due to the COVID-19 crisis, Indian services companies have been dealt a twin blow: Of unpaid bills, and Goods and Services Tax (GST) liabilities on those incidents on non-payment.
Under the current GST framework, t ...
The Central Board of Direct Taxes (CBDT) has notified the new Income Tax Return (ITR) forms for FY 2019-20/ AY 2020-21, vide Income-Tax (12th Amendment) Rules, 2020, in line with the amendments made by the Finance Act, 2019.
The I-T Dept. ha ...
The Central Board of Indirect Taxes and Customs (CBIC) said that the issue of GST late fee for the period August 2017 to January 2020 will be discussed at the next GST Council meeting. The next meeting of the GST Council is likely to be held on 14 ...
The Government received various representations that have been received wherein the issue has been decided against the registered person by the adjudicating authority or refund application has been rejected by the appropriate authority and appeal ...
The government and the regulators have begun preliminary discussions on setting up a bad bank at a time when the stock of bad debt is expected to rise due to the coronavirus pandemic even as the Centre indicated that it will not raise GST to ensur ...
As per Section 16 of the CGST Act, a registered person can avail ITC on goods/services which are used or intended to be used by him in the course of furtherance of business.
In this regard, Rule 36 (4) of CGST Rules1, Input Tax Credit ...
The Authority of Advance Ruling (AAR), Karnataka ruled that no Input Tax Credit (ITC) can be claimed on the tax invoice addressed to foreign buyers, if the applicant is not the recipient of goods.
The applicant, M/s Dolphine Die Cast Pvt ...
The government could allow companies to claim the input tax credit for personal protective equipment (PPE) kits, sanitisers, masks, and other such goods distributed free for battling Covid-19.
Officials in Central Board of Indirect Taxes and ...
Companies that have suffered damage to raw material and finished products during the Covid-19 lockdown now face a double whammy of a sort — on top of the loss of the goods, they cannot claim the input tax credit.
Input tax credit under the g ...
The Supreme Court bench comprising of the Hon'ble Mr. Chief Justice S.A. Bobde, Hon'ble Mr. Justice L. Nageswara Rao and Hon'ble Mr. Justice Surya Kant, passed an order recently in effect extending th ...
Reserve Bank of India’s (RBI) Governor Shaktikanta Das in his third address cut the repo rate by 40 basis points to 4% and also extended the moratorium on all term loans by another 3 months. After the lockdown began, Das had slashed the benchmark ...
Sale of land has been expressly excluded from GST as per Schedule-III of the CGST Act. However, transactions in immovable property are generally complex involving multiple persons, and therefore, som ...
The Central Board of Indirect Taxes and Customs (CBIC) on Saturday issued a notification announcing May 18, 2020, to be the effective date for the implementation of the provisions pertaining to Transitional credit for unavailed CENVAT – Amended un ...
The Finance Minister, Smt. Nirmala Sitaraman in a press conference held on 17.05.2020 has announced series of measures in order to get back the economy in track. Now, Finance Minister has come up with Fifth trance of economic measures which are pr ...
Section 50 deals with interest on delayed payment of tax by the taxpayer state that every person who is liable to pay tax but fails to pay the same or any part thereof within the period prescribed shall, on his own, pay interest at such rate not e ...
Meaning of Bad debts
The debt may become bad when it is proved to be irrecoverable on account of the fact that the debtor is in a bad financial position or that it has become irrecoverable. So long as there i ...
The Tamil Nadu Authority of Advance Ruling (AAR) has ruled that the supply of DVDs and CDs with Licensed Software cannot be treated as e-books for the purpose of attracting a lesser rate of 5% GST. The applicant, Venbakkam Commandur Janardhanan, P ...
In a significant ruling, the Karnataka Advance Ruling Authority has said that LIC’s maturity sum will not attract GST as it is not a service, putting an end to the ambiguity over the issue among taxpayers.
The Applicant has received Maturity ...
The controversy on whether remuneration paid to directors of a company is subject to the goods and services tax (GST) has been put to rest by a recent decision of the Authority for Advance Rulings (AAR), Karnataka bench.
Anil Kumar Agrawal, ...
Case - Paresh Nathalal Chauhan Vs State of GujaratCourt - Gujarat High CourtFacts - Application is filed seeking bail under Section 439 of the Code of Criminal Pro ...
The attention of the court has been drawn to interim order passed in the case of OWS Warehouse Services LLP which read as counsel for the petitioner raised contention that with the introduction of the GST Act, the Finance Act, 1994 and the ...
A group of companies has took the government and the indirect tax department to court over denying ...
A group of companies has took the government and the indirect tax department to court over denying ...
The term ‘search’ involves an attempt to find something. Search in tax context, is an action of a ...
The Finance Ministry is considering setting up facilitation centers and developing an app to help traders and ...
Finance Minister Nirmala Sitharaman asked revenue intelligence officials to be "facilitators" for taxpayers and ensure they do not feel intimidated when it comes to paying taxes. "There are times when I have gone around the country in the ...
Starting November 8, all search authorization,summons, arrest memo, inspection notices and letters issued by Central Board of Indirect Taxes and Custom (CBIC) to taxpayers will have computer generated ‘Document Identification Number’ ...
Agents supplying exempted agricultural produce not liable for compulsory GST Registration
Recently, it has been sought in an advance ruling that whether the applicant is liable to obtain GST registration for services ...
Spare parts of automobiles supplied to research institutions to be taxed at 5% GST
Facts Involved : The applicant company ( VE Commercial Vehicle Limited ) is engaged in business of manu ...
E-invoicing, a game-changer for GST? 'E-invoicing' or 'electronic invoicing' was approved on 20th September by GST council for B2B transactions and will be applicable from 1st January 2020. Since it enables pre-filling of GST returns with the e-i ...
Goods services procured for promotion are not eligible for ITC
Facts Involved : The applicant is engaged in business of manufacturing decorative paints. The applicant framed incentive scheme ...
The Central Board of Indirect Taxes ( CBIC ) has issued Clarifications to allow Re-Filing of Refund Claim where NIL Refund Claim was filed inadvertently under Goods and Services Tax ( GST ). In a Circular issued by CBIC said that, “Whenever a r ...
Tax Occasions in September 7th Sept., 2019-Due date for deposit of Tax deducted/collected for the month of August, 2019 10th Sept., 2019 - GSTR-7: Return of TDS (Tax deducted at source) with payment of tax. GSTR-8: Statement by e-commerce oper ...
A burdensome time for states
Consuming states such as Bihar, Odisha, UP and Madhya Pradesh many of whom may be poorer but have large populations — are are faring better in goods and services tax (GS ...
The Goods and Services Tax, which is considered as one of the most significant change in the recent history, has failed to live up the expectations on multipl ...
1) What is the scheme?
-> This scheme covers disputes/liabilities relating to Excise and Service Tax enactments. Additionally, it covers more than 26 other enactments such as Sugar cess Act, Tobacco Cess Act etc.
Facts Involved: The United Engineering Works (“The Applicant”) is manufacturing and supplying pump sets and also engaged in installing the same as ...
GST-registered businesses that have reported decline in annual revenue by 20% or more over the previous year have received a flurry of notices over the last few weeks fr ...
Facts Involved: The Bajaj Finance Ltd. ("The applicant") ...
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Facts Involved: Daewoo-TPL JV (“the Applicant”) is a joint venture between M/s. Daewoo Engineering & constr ...
The Union Budget 2019 has provided relief to GST-registered taxpayers with several new updates. One such amendment relates to the interest on the delayed payment of GST liability ...
Facts Involved: Daimler Finan ...