"19 October 2019" Archive

Verification of TRAN-1 credit under GST

Internal Circular No. 35A of 2019 (19/10/2019)

This Circular gives guidelines on issues such as allowing transitional credits under GST, as per revised return, verification of CST declarations, verification of MVAT credit etc....

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GST on invoices raised to SEZ Units for accommodation services rendered outside SEZ Zone

In re Poppy Dorothy Noel (GST AAR Karnataka)

In re Poppy Dorothy Noel (GST AAR Karnataka) Whether the IGST at 0% is applicable for the invoices raised to the SEZ Units, even if the accommodation services were rendered outside the SEZ Zone? Provisions in Section 7(5)(b) of the IGST Act, 2017 overrides the provisions in Section 12(3)(c) of the IGST Act, 2017 and […]...

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GST on providing drivers to consumers & e-commerce services to drivers

In re Humble Mobile Solutions Pvt. Ltd. (GST AAR Karnataka)

In re Humble Mobile Solutions Pvt. Ltd. (GST AAR Karnataka) Whether the applicant is liable to pay tax for supply of services by another person through the e-commerce platform operated by the applicant? The activity of supply of the applicant is examined and it is seen that there are three supplies involved in the entire […]...

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Management of Data Centres, Storage infrastructures, Networks falls under SAC 998316

In re GDC Dimension Data Pvt. Ltd. (GST AAR Karnataka)

In re GDC Dimension Data Pvt. Ltd. (GST AAR Karnataka) What is the correct Service Accounting Code (SAC) for the services mentioned below in terms of Notification No. 11/ 2017–Central Tax (Rate) dated 28th June 2017 a. IT Support Services b. IT Managed Services? The Managed Services provided by the applicant have also been examined [&he...

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GST on marketing service provided by McAfee India to McAfee Singapore

In re McAfee Software (India) Pvt. Ltd. (GST AAR Karnataka)

In re McAfee Software (India) Pvt. Ltd. (GST AAR Karnataka) a) Whether the marketing service provided by the application is taxable under the GST provisions and if yes, what is the SAC and the applicable rate of tax? The services supplied by the applicant to McAfee Singapore are covered under the SAC 998599 (if not […]...

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Back-end support services classifiable under Tariff Heading 9985

In re Fulcrum Info Services LLP (GST AAR Karnataka)

In re Fulcrum Info Services LLP (GST AAR Karnataka) a) Whether the back-end support services provided by the applicant to the Juniper Inc. under the agreement would be classified as ‘Support Services’ under the Tariff Heading 9985 of Notification 11/2017 – Central Tax (Rate) dated 28.06.2017? b) Whether the services in question woul...

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Analysis of restriction of 20% Input Tax Credit under GST

The CBIC has notified the Central Goods and Services Tax (Sixth Amendment) Rules, 2019 vide Notification No. 49/2019 – Central Tax dated 09-10-2019. The said Notification has also revamped the entire method of availing credit, by inserting a new Rule i.e. Rule 36(4) in the CGST Rules, 2017. The rule seeks to restrict credit in […...

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NAA found Builder guilty of not passing GST benefit to 1061 Customers

Mr. Prasanth Nandulamattam Vs M/s Bhartiya City Developers Pvt. Ltd. (National Anti-Profiteering Authority)

The DGAP has concluded that the benefit of additional ITC of 2.23% of the turnover has accrued to the Respondent which was required to be passed on to 1061 flat buyers who had entered into the agreements with the Respondent upto 30.06.2017....

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PPT on Subsidy & Incentive for Manufacturing units in Gujarat & Maharashtra

Industrial Subsidy and Incentive available for Manufacturing units in Gujarat and Maharashtra This PPT contains various Industrial subsidy and Incentives available for various manufacturing units in Gujarat and Maharashtra. Following schemes are covered in PPT: Maharashtra Package Scheme Of Incentive Gujarat Industrial Policy – 2015...

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Transit Sale – Way bill & Input Tax Credit

In the below given situation, there are four different parties involved with three different transactions between them for supply of goods. All these transactions in together lead to single movement of goods. The transaction is explained as below: 1. D places order to C (Trader) for supply of material X; 2. C orders the same […]...

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Ind AS 116 – Leases- Brief Analysis

This article aims at covering most of the concepts of recently issued Ind AS 116 by the ICAI and MCA which will supersede the earlier issued standard Ind AS 17 on leases w.e.f. 01st April 2019 1. Introduction Ind-AS 116 Leases brings significant changes in accounting requirements for lease accounting, primarily for lessees. Ind-AS 116 [&h...

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Sale of Capital Goods- GST Implication

The Implications of GST on Sale of Capital Goods Questions arises in relation to this are 1. Implications of GST on Capital Goods that are bought under the erstwhile Indirect Taxes Regime (Excise, VAT) 2. Implications of GST on the Sale of those Capital Goods whose ITC is not allowed under GST. 3. Implications of […]...

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18% GST on earthwork (Excavation in soil, hard rock excavation etc.)

In re M/s Ashok Kumar Choudhary (GST AAR Rajasthan)

In re M/s Ashok Kumar Choudhary (GST AAR Rajasthan) What shall be rate of GST on activity of sub-contract for earthwork in relation to construction of access controlled Nagpur-Mumbai Super Communication Expressway (Maharashtra Samruddhi Mahamarg)? We find that the activity carried out by the applicant does not involve supply of goods what...

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GTA Service provider cannot avoid GST by not issuing LR/GR/consignment note

In re M/s K M Trans Logistics Private Limited (GST AAR Rajasthan)

In re M/s K M Trans Logistics Private Limited (GST AAR Rajasthan) 1. Does Transportation by own vehicles on the basis of Invoice(s) and E-way Bill without issuing the LR/GR by the Applicant Transporter will covered under exempted supply/non GST supply? To issue an E-way bill, it is mandatory to mention the transport document number [&hell...

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Treatment of ITC when by-product Cotton Seed Oil Cake is taxable at 0%

In re M/s Parmod Kumar Singala (GST AAR Rajasthan)

In re M/s Parmod Kumar Singala (GST AAR Rajasthan) 1. What will be the treatment of claiming of Input Tax Credit under Section 16 of the GST Act in regard to by-product Cotton Seed Oil Cake which is taxable at 0%? As per Section 17(2) of GST Act, 2017 the amount of credit shall be […]...

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Restriction on Input Tax Credit under GST- 5 Issues which needs clarification

Representation with respect to newly inserted sub-rule (4) of Rule 36 of the Central Goods and Services Tax Rules 2017- and 5 issues on which CBIC needs to issue Immediate clarification - Impact on small suppliers filing GSTR 1 on quarterly basis, Input tax Credit differences arising out of month end movement of goods or services, Input T...

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