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GST on TCS – Recent Clarification and its Legality

January 4, 2019 31680 Views 4 comments Print

Government has clarified as under with respect to the correct valuation methodology for ascertainment of GST on Tax collected at source (TCS) under the provisions of the Income Tax Act, 1961:

Scope of Form GSTR–9C A Million Dollar Question ??

December 28, 2018 1218 Views 0 comment Print

INTRODUCTION 1. What is the real scope of FORM GSTR–9C ? This is a million dollar question. This is because the views on the issue are clearly divided amongst the professionals. On one side the said Form is viewed as a mere number crunching exercise. On the other side it is viewed as a full-fledged […]

Goods Return – Can It Happen On A Commercial Credit Note & Its Implications ?? 

December 28, 2018 35868 Views 0 comment Print

Two kinds of credit notes can be issued by a supplier. One is the tax credit note wherein the tax amount reflected on the credit note is sought as an adjustment in the output tax liability. In other words, the output tax liability is sought to be reduced by issuing such tax credit note.

GST: Deduction of Value of Land – Notional or Actual ??

December 19, 2018 10260 Views 0 comment Print

Challenging the deemed value of land shall be far more difficult than what it seems. It shall be better if an alternate structure is adopted for transfer of land (e.g. separation of land owner and developer) to keep the fair value of land outside the ambit of GST.

Gvat Audit For Cases Where Taxable Turnover Exceeds Inr 25 Lakhs – Is It As Per Law ?

December 15, 2018 2415 Views 0 comment Print

Vide letter dated 07.12.2018 Ld. Joint Commissioner (Legal), Gujarat has clarified that even cases where taxable turnover exceeds INR 25 lakhs (wherein total turnover is less than INR 1 crore) for FY 2017-18 shall also be liable to obtain VAT Audit Report and submit the same. Our analysis in this regard is as under:

Deputation of Employee’s – Whether A Supply or Cost Sharing ?

November 28, 2018 14229 Views 1 comment Print

1. It often happens that an individual is employed by let us say A Ltd. Under the terms of the employment contract (generally referred as joint employment contract), said employee can be deputed by A Ltd. to another group company B Ltd. Hence the concerned employee is deputed with his consent.

GST Liability under RCM on US FDA Fees -Concept of Sovereign Function

November 21, 2018 15426 Views 1 comment Print

Whether the payment of fees to USFDA shall tantamount to import of services and hence shall require payment of tax under reverse charge mechanism ?

GST Return of Time Expired Drugs or Medicines – Critical Analysis of Recent Circular

October 30, 2018 6207 Views 3 comments Print

1. Circular No. 72/46/2018-GST dated 26.10.2018 has been issued clarifying the procedure in respect of return of time expired drugs or medicines. Said circular clarifies that the time expired drugs or medicines can be returned either by issuance of credit note or by treating the said goods return as fresh supply and hence on an […]

GST Refund For Exporter’s – Key Changes

October 11, 2018 20793 Views 4 comments Print

Yesterday Government has issued two Notifications (Notification No. 53/2018 – Central Tax & Notification No. 54/2018 – Central Tax) making certain changes in Rule 89 & 96 of the CGST Rules, 2017. Gist of the changes are as under: Rule 89: Said Rule deals with the refund of tax in cases, other than IGST paid on […]

22 FAQs on TCS Under GST

September 30, 2018 24960 Views 6 comments Print

As per Section 52(1) of the CGST Act, 2017, TCS is to be collected by an electronic commerce operator on the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by such operator.

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