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Suraj Agarwal

Latest Posts by Suraj Agarwal

Applicability of GST on Union Territory of Ladakh and Union Territory of Jammu & Kashmir

November 18, 2019 22032 Views 0 comment Print

The Government of India vide Jammu and Kashmir Reorganisation Act 2019 (said Act) has reorganised the state of Jammu and Kashmir into the Union Territories of Jammu & Kashmir and Ladakh. As per Section 4 of the said Act, the Union territory of Jammu & Kashmir shall be Union territory with its own Legislature. Now, […]

Procedure for payment of RCM Liability under GST

October 29, 2019 28719 Views 2 comments Print

Section 9(3) of the CGST Act states that the Government shall notify the supply of goods or services, the tax on which shall be paid under RCM. Vide Notification No. 13/2017 – CT (R) dated 28th June, 2017, the government has notified such services on which tax shall be paid under RCM. Now, Section 31(3)(f) […]

Analysis of restriction of 20% Input Tax Credit under GST

October 19, 2019 22749 Views 0 comment Print

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 […]

Amendment to GST Rules & Act vide notifications dated 09th Oct 2019

October 11, 2019 2433 Views 0 comment Print

The Government of India has issued several notifications (Notification No. 44/2019-Central Tax to Notification No. 49/2019-Central Tax) yesterday i.e. on 09-10-2019 for effecting several changes in the prevailing GST Rules and Law. The changes has been made either to give effect of the judicial pronouncements or to grant appropriate relief to the assessees. The crux […]

Treatment of secondary or post-sales discounts under GST

July 8, 2019 4350 Views 1 comment Print

Treatment of secondary or post-sales discounts under GST  vide Circular No. 105/24/2019-GST dated 28-06-2019 > CBIC has clarified the treatment of post sales discount citing three situations based on -the nature of the discounts. The situations has been cited here-in-below: Situation – 1 Additional discount is offered in lieu of additional activity/ promotional campaign by […]

Timeline and manner of transition to new GST return filing system

June 13, 2019 3333 Views 0 comment Print

1. In the 31st GST Council meeting, recommendation was made for new GST Returns to facilitate tax payer. In order to effect such change, a transition plan has been introduced by CBIC. Under the new scheme, Form GST ANX – 1 shall replace Form GSTR-1 and Form GST RET -01 shall replace Form GSTR-3B. 2. […]

ITC allowed on inputs/services used for mall construction for letting out

May 27, 2019 6204 Views 0 comment Print

Orissa High Court in the case of M/s. Safari Retreats Private Limited vs. Chief Commissioner of CGST held that Credit on inputs/services used for construction of malls for the purpose of letting out is allowable.

Transitional Credit of Education, SHE and Krishi Kalyan Cess under GST

May 3, 2019 14925 Views 0 comment Print

Even before the advent of GST, the credit of transitional credit of EC & SHEC was in dispute. Under pre-GST regime, a manufacturer of final products or a provider of output service was eligible to claim the CENVAT credit of EC & SHEC in terms of Rule 3 of the CENVAT Credit rules, 2004. Later on by Finance Act, 2015, EC & SHEC was subsumed into Service tax and Excise duty.

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