High Court of Delhi held Section 9(2)(g) of Delhi VAT Act to the extent it disallows Input tax credit to purchaser due to default of selling dealer in depositing tax, as violative of Articles 14 and 19(1)(g) of Constitution of India.
With the conclusion of the 25th GST Council meet on January 18, 2018, the gist of the key takeaways from the meeting are as under: Policy Changes 1. Late fee payable by any registered person for failure to furnish following returns has been reduced to Rs. 50/- per day [and Rs. 20/- per day in case of Nil return] from Rs. 200/- per day:
It is clarified that supply of food or drink provided by a mess or canteen is taxable at 5% without Input Tax Credit. No GST on hostel services provided by Educational Institutions
1. Time limit for filing GSTR-1 for small taxpayers on Quarterly basis i.e. Turnover upto Rs. 1.5 Cr in preceding F.Y. or in the current F.Y. has been extended vide Notification No. 71/2017– Central Tax dated December 29, 2017.
Department of Revenue Vide Circular No. 27/01/2018- Central Tax dated January 05, 2018 has issued various FAQ’s for clarifying levibility of GST on accommodation services, betting and gambling in casinos, horse racing, admission to cinema, homestays, printing, legal services etc.
Rationalization of GST rates on certain goods: The Central Government vide Notification No. 41/2017 – Central Tax (Rate) dated November 14, 2017 has amended Notification No. 01/2017 – Central Tax (Rate) dated June 28, 2017 to, inter-alia, reduce GST rate on approximately 177 items earlier falling in 28% slab to 18% slab, leaving only 50 items that will still be taxed at GST rate of 28%.
GST Council has come out with a string of deadline relaxations and lowering of penalty/ late fees for delayed filing of return along with an increase in the annual turnover threshold for the composition scheme to Rs 1.5 crore (overall limit to be increased to Rs. 2 Cr) from the recently revised Rs 1 crore.
Form GST TRAN-1 (with revision facility) date extended till November 30, 2017- The Government vide its tweet dated October 26, 2017 has announced that FORM GST TRAN – 1 (with revision facility) extended to November 30, 2017. Now, in this regard, two Orders viz. Order No. 07/2017-GST (under Rule 117 of the CGST Rules, 2017) and Order No. 08/2017-GST (under Rule 120A of the CGST Rules, 2017), both dated October 28, 2017, have been issued.
To give effect to the changes suggested, around 41 new Notifications and an Order were issued by the Government on October 13, 2017, under CGST, UTGST, IGST and Compensation Cess.
The GST Council had earlier decided to defer the filing of return in Form GSTR-3 and had recommended the filing of return in Form GSTR-3B for the month of July and August, 2017. Accordingly, the Central Government vide Notification No. 21/2017-Central Tax dated August 8, 2017 had notified the last date for filing of return in Form GSTR-3B for the month of July, 2017 as August 20, 2017.
