"03 May 2020" Archive

Refund in case of Inverted Tax Structure under GST

Section 54 (1) of CGST Act 2017 provides that Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed....

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ITC Reversal Due To Non-Payment Within 180 Days

Second & third proviso to Section 16(2), of the Central Goods & Services Tax (CGST) Act, 2017 provides for reversal and reavailment of ITC on account of non-payment. Same is reproduced below for ready reference: Second Proviso to Section 16(2) :- “Provided further that where a recipient fails to pay to the supplier of goods [&he...

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Refund of Input / Input Services – Export without payment of GST

1. GST refund process for exports of Goods and /or services without payment of Tax involves a different document. The option to export goods without payment of tax can either be used under the cover of a Letter of Undertaking (LUT) or a Bond. In such case, any ITC accumulated on inputs/input services unutilised will […]...

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ITC on Canteen Service- Food for thought

It is very common that many factories and offices provide canteen facilities to their employees. Such facility may be provided as a matter of compulsion or as per the terms of employment or otherwise. The canteen facility may be provided to employees at free of cost or concessional rate or on chargeable basis. The GST […]...

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Extension in GST returns: A Hoax

To provide relief to businesses wriggling with the economic impact due to Covid-19, the central government has provided the extension in GST return filing. To give effect to the same, the central government has issued certain notifications. However, from the perusal of the same, it appears that the government intends to provide relief onl...

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Job Work under GST – A Detailed Analysis – Part 1

Section 143 lays down the procedure for sending the inputs and capital goods to a job worker. As per the said provision, a registered person (‘Principal’) may send inputs or capital goods to a job worker without payment of tax subject to condition that such inputs or capital goods would be brought back within prescribed time period....

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Form GST PMT 09 to Transfer GST in Electronic Cash ledger

File FORM GST PMT 09, to shift/transfer money available in Electronic Cash ledger, between various major and minor heads of GST Taxpayers deposit money using challan and the paid amount gets credited in the particular head in the Electronic Cash ledger and the same can be utilized in settling liabilities of that head only. In […]...

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Effect of moratorium on ongoing tax proceedings against Corporate Debtors

The Insolvency and Bankruptcy Code, 2016 (IBC) streamlines the process minimizing losses and promoting efficient allocation of resources to deal with sick companies. The article provides an analysis of the effect of moratorium on ongoing tax proceedings against the Corporate Debtors (CD). Tax collection in India, be it income tax, excise ...

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Some GST Aspects & Transactions Explained with Q&A- Part IV

The applicant is engaged in IT training programmes to Government aided Secondary and Higher Secondary Schools across the State of Delhi to implement the training projects for Government-aided Schools.  Whether the applicant is liable to pay GST?...

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Anomaly in provisions for taxing dividend income, as per Finance Act, 2020

While drastically changing the erstwhile provisions regarding taxability of Dividend Income, there remains an anomaly in relation to cascading effect scenario. The same is dealt hereunder: In the erstwhile provisions, to avoid cascading effect (i.e. multi-level taxation of same dividend income), the tax rate u/s 115O was calculated on the...

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