Now Rule 96(10) of the CGST Rules, 2017 contains the provisions which restrict an exporter from claiming the refund of the IGST paid on exports if the exporter avails any of the benefits of the notifications stipulated therein which includes the benefits in terms of IGST exemption on imports made under the scheme of Advance Authorisation.
1. Recently (mainly December 2020) spate of show-cause notices (SCN) have been issued seeking to demand the service tax on the differential amounts as determined based on the values reported in the service tax returns (nil if not filed) and the values reported in Form 26AS filed under the Income Tax Act reflecting the TDS […]
Several changes have been proposed in the Finance Bill, 2021 with respect to GST. Following is the brief summary of the same along with our remarks. It may be noted that the amendments proposed in the Finance Bill, 2021 will come into effect from the date when the same will be notified, as far as […]
Gautam Buddha is reported to have said that life is like the harp string, if it is strung too tight it won’t play, if it is too lose it hangs, the tension that produces the beautiful sound lies in the middle. In the matters of administration also, the middle path which prevents the frauds and at the same time does not make […]
The United States lodged a complaint against India before WTO on 14.03.2018 alleging that export subsidies provided by India under five sets of measures viz. the Export Oriented Units, Electronics Hardware Technology Park and Bio-Technology Park (EOU/EHTP/BTP) Schemes;
We have certainly witnessed serious frauds under GST since the implementation mainly due to fake invoicing. Of course we cannot paint all the frauds with the same brush but largely it has to do with the seeking of the undue benefit at the cost of the exchequer.
Once it is determined that the transaction in question shall be leviable to GST, the next logical question shall be to determine the value of supply in question on which the rate of tax shall have to be applied to determine the amount of the tax which is payable. The present paper therefore seeks to discuss certain intricacies on the aspects of the value of supply.
1. Recently a spate of notices have been issued by the DRI to the exporters who have availed the scheme of Advance Authorization under the FTP asking the exporters to pay the IGST on the imports made on or after 23.10.2017 in cases where the refund of the accumulated input tax credits (‘ITC’) have been […]
Background 1. India has entered into several bilateral and multilateral treaties (referred to as Free Trade Agreements (FTA)) to promote cross-border trade. Examples include treaties with Singapore, Chile, Malaysia, Korea, Japan, SAARC members, etc. Article XX, containing general exceptions, under the General Agreement on Tariffs and Trade(GATT) permits granting preferential tax rates on the importation […]
1. An employer may be providing certain facilities (e.g. transportation, canteen, etc.) to its employees as part of the employment contract. For the sake of maintaining accountability, the employer may also be recovering a certain portion of the cost incurred from the salaries payable to the said employees. Now the following issues will arise in […]
