"27 April 2020" Archive

Reverse Charge Mechanism (RCM) List under GST

Reverse Charge means the liability to pay tax is on the recipient of supply of goods or services instead of the supplier of such goods or services in respect of notified categories of supply. There are two type of reverse charge scenarios provided in law. First is dependent on the nature of supply and/or nature […]...

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Recent controversies in claiming GST refund & probable solution

In the wake of COVID-19, recently CBIC has come with various notifications and circulars. However, one important aspect in respect of GST refund has remained un-noticed. Here, I have tried to explain the difficulties arise due to amendments and probable solution as well as precautions to be taken: 1. Restriction of “NET ITC” for the [...

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GST Refund cannot be withheld for ‘Want of Cross-Verification Details’

ACC Limited Vs Asst Commissioner CT (Telangana High Court)

In our opinion, this action of the respondents is also violative of Art.14,19,265 and 300-A of the Constitution of India. The respondents cannot be permitted to take advantage of their own negligence, assuming that the Demand drafts handed over by the petitioner, were not presented and encashed by the respondents....

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Amendment in Time clause for refund of inverted duty structure

Whether amendment made in section 54 regarding the time clause for refund of inverted duty structure has retrospective effect or not. Summary: An attempt has been made to analyze the impact of change made in clause pertaining to time period prescribed for filling refund application of unutilised input tax credit on account of inverted dut...

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GST & Income Tax Implication on Non-Resident Sportsmen Coming to India

When a non-resident sportsman comes to India for participating in any game or sport then a question arises which country has right to charge tax on such income earned by sportsmen by participating in game or sport and what are the tax implications on such income earned. Non-Resident Sportsmen means he is not the Citizen […]...

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Registration under GST- CGST ACT, 2017

THE FILE ENCLOSED DESCRIBES THE FULL DETAILS OF REGISTRATION (SECTION 22 TO 30)  AS WELL AS COMPOSITION SCHEME (SECTION 10). REGISTRATION UNDER GST CGST ACT, 2017 Section 22 : Person liable for Registration Section 23: Person not liable for Registration Section 24 : Compulsory Registration Section 25 : Procedure for Registration Section ...

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Customs Guidelines for conduct of personal hearings in virtual mode

F.No. 390/Misc/3/2019-JC 27/04/2020

Broad guidelines to conduct such virtual hearing are being provided so that ongoing Customs work of appeals and adjudications are completed expeditiously for quick delivery of justice - through quasi-judicial proceedings and in compliance of overall directions given by Hon'ble Supreme Court under Article 142 of the Constitution of India (...

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Fake Invoicing – Penalty under Income Tax & GST

In the recent past, GST Department has caught various fraudulent cases of Input Tax Credit. Fake invoice are issued without any actual supply of goods or services with an aim of claiming ITC and reduce GST output liability. To curb this, Finance Act,2020 has brought amendment to penalty provisions of Sec 122 & Sec 132 […]...

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Analysis of Composition Scheme under GST

Introduction: Indirect tax is a tax where the incidence of tax is in the hands of the supplier whereas the burden to pay the tax is in the hands of the recipient. Goods and Service Tax (GST), is a destination based consumption tax that is levied on both Supply of Goods and Supply of Services. […]...

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COVID-19 GST Impact

The outbreak of Coronavirus has caused a significant impact on day to day living of the common man, government coffers, and business operations. Though lockdown remains the only way to slow the spread, it will also continue to push economic operations to the brink. We have outlined the GST impact due to the Coronavirus pandemic […]...

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