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Export of Services to Group Entities – Benefit of Zero-Rating & Recent Circular

October 17, 2021 17979 Views 0 comment Print

Introduction 1. Generally, the transactions in the nature of export of services enjoy the benefit of zero-rating (i.e. ability to claim the refund of the attributable input tax credits with no tax on such supplies). The same has been intended to avoid the passing of the domestic tax cost in international trade. However, the law […]

Refund of GST Paid under Incorrect Head – Issues & Clarifications

October 9, 2021 23136 Views 0 comment Print

The dual model of GST (i.e. CGST/SGST + IGST) coupled with the issues related to the identification of the correct place of supply can result in situations wherein the taxpayer ends up charging and paying the tax under an incorrect head (e.g. he may pay CGST/SGST where IGST was payable or vice-a-versa).

GST Rate Changes – Applicable From 01.10.2021

October 1, 2021 197052 Views 7 comments Print

Several notifications have been issued to notify the changes in the applicable rate of GST (including exemptions) pursuant to the decisions taken at the 45th GST Council Meeting. The given changes are applicable from 01.10.2021. Rates have been increased with a special focus on the industries mainly operating under the inverted rate structure. We have […]

Refunds of Cess Balances as on 30.06.2017 – Issues & Judicial Views

August 28, 2021 2082 Views 0 comment Print

At the advent of GST, it was hoped that the transition shall happen of all the unutilized closing credit balances of any tax/cess lying in the account of the taxpayer under the previous regime. This was to ensure that such balances do not become cost and therefore result in the cascading effect.

GST Conundrum on Private Vaccinations

August 6, 2021 7518 Views 0 comment Print

1. To speed up the vaccination drive against COVID – 19, Government has permitted private hospitals to procure and administer the vaccines. Revised Guidelines for implementation of National COVID Vaccination Program issued on 8th June 2021 provides as under: “The price of vaccine doses for private hospitals would be declared by each vaccine manufacturer, and […]

Charity and Mutuality Under GST

July 25, 2021 13815 Views 2 comments Print

INTRODUCTION 1. Charity and mutuality are age-old concepts. The former is done as an act of benevolence. The latter is an arrangement to achieve a common purpose. One undertaking such acts, therefore, needs to appreciate the implications under the GST laws to avoid any undue demands in future. This is more relevant for the reason […]

Extension of Limitation under GST Law due to Covid-19 – Critical Analysis of CBIC Circular

July 21, 2021 14853 Views 1 comment Print

Background 1. Due to COVID – 19 pandemic, everyone faced several challenges in pursuing the requisite actions within the time frame given under the various laws. Hon’ble Supreme Court recognizing the same, on suo motu basis, passed the first Order (Suo Motu Writ Petition (Civil) No(s). 3/2020)) dated 23.03.2020 granting the relief in terms of […]

Analysis of Changes Notified after 43rd GST Council Meeting

June 3, 2021 5619 Views 0 comment Print

Update on the Changes Notified after the 43rd GST Council Meeting 1. Levy of interest on the net tax dues Vide Sec. 112 of the Finance Act, 2021 a proviso has been inserted u/s 50(1) of the CGST Act, 2017 to provide for the levy the interest for the delay in making the payment of […]

Analysis of Changes In GST Rules effective from 18.05.2021

May 25, 2021 10095 Views 3 comments Print

Notification No. 15/2021 – Central Tax dt. 18.05.2021 has made certain changes in the GST Rules in the areas of (a) refunds (b) revocation of registration cancellation orders and (c) E-way bill restrictions. The said changes shall apply from 18.05.2021. Summary of the same is as follows: A. REFUND RELATED I. Calculation of the limitation […]

Incisive analysis of new condition for entitlement of ITC

May 13, 2021 24936 Views 3 comments Print

1. Introduction 1.1 Dawn of GST started with a proposed system of undertaking transaction-level matching in the form of GSTR 1, 2 & 3 to check the claim of input tax credits (ITC). Further, the provisions in the law were also drafted keeping the proposed system in mind. However, due to the reasons best known […]

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