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Interest Not Payable where IGST wrongly paid inadvertently as CGST

February 25, 2020 8199 Views 0 comment Print

In Shree Nanak Ferro Alloys (P.) Ltd. v. Union of India, it is held by High Court of Jharkhand that interest is not payable by the petitioner where petitioner had inadvertently paid tax under head CGST, instead of IGST, and as such it was not a case of short payment. Facts of the Case:- The […]

Overview of TDS (Tax Deduction At Source) under GST

February 23, 2020 40800 Views 11 comments Print

What is GST TDS:- TDS stands for Tax deduction at Source. GST TDS (Tax deduction at Source) is different from TDS under Income Tax. The provisions of GST TDS are applicable w.e.f. 01 Oct 2018 (Notification No. 50/2018 dated 13 Sep 2018 ) If a transaction is covered under both GST and Income Tax Act, […]

Rights of Taxpayer cannot be Subjugated to Inefficient Software Systems

February 21, 2020 1428 Views 0 comment Print

EXPORT REFUNDS- RIGHTS OF TAXPAYER CANNOT BE SUBJUGATED TO THE INEFFICIENT SOFTWARE SYSTEMS High Court of Delhi, in Vision Distribution (P.) Ltd. Vs Commissioner, State Goods & Services Tax   granted refund of tax paid to the exporter who was forced to shell out the  tax amount  despite  availability of unutilised ITC not reflecting in […]

Time Limit for Refund of Unutilised Input Tax Credit under GST

February 17, 2020 10197 Views 3 comments Print

Accumulation of Input Tax Credit takes place when the tax paid on inputs is more than the output tax liability. Such accumulation will have to be carried over to the next financial year till such time as it can be utilised by the registered person for payment of output tax liability. However, the GST Law […]

GST on Sale of TDR/FSI- Received as Consideration for Surrendering Joint Rights in Land

February 15, 2020 11871 Views 0 comment Print

In this article, an attempt has been made to simplify contents of AAR ruling for GST applicability on sale of TDR/ FSI, received in a specific case. The case is specific as TDR/FSI was received as consideration for surrendering joint rights in land in terms of Development Control Regulations. The said TDR was granted in […]

GST Refund Period can be Spread over Two Financial Years

February 14, 2020 25860 Views 2 comments Print

Pitambra Books Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court); W.P.(C) 627/2020; Dated: 21/01/2020 The Delhi High Court, has stayed the Paragraph 8 of Circular No. 125/44/2019-GST dated 18.11.2019 which stated  that Refund Period can’t be spread across Two Financial Years and to be filed in Chronological Order. Introduction :- The petitioner […]

E-Way Bill–Beneficial Provision of Reduced Penalty

February 11, 2020 5826 Views 0 comment Print

In the matter of, Ideal Movers (P) Ltd Vs state tax Officer (High Court of Madras) it is held that the case would be covered under Para 10 of circular no.10 of 2019 dated 31.05.2019 issued by office of commissioner of commercial taxes , Chennai , where the Commissioner reduces the penalty payable in certain […]

Integration of E Way Bill Portal With Vahan System

February 10, 2020 16236 Views 0 comment Print

E-Way bill has been integrated with the Vahan System of Transport Department. Vahan System provides a nationwide search over the digitized data of Registered Vehicles. The vehicle number entered in the e-way bill will now be verified with the Vahan System. Initially, there will be an alert message but later on, the portal will not […]

E-Invoicing under GST- An Overview

January 22, 2020 4773 Views 1 comment Print

The ‘e-invoicing’ system under GST  has been  introduced from January 1, 2020 for generating business-to-business (B2B) invoices on a voluntary basis. It will  become mandatory w.e.f 01 April 2020 for Registered person whose aggregate turnover in a financial year exceeds Rs 100 Crore. E – Invoice is a standard format of the invoice recommended by […]

RCM under GST on Renting of Motor Vehicles

January 3, 2020 187434 Views 43 comments Print

RCM on Renting of Motor Vehicles– Services provided by way of renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient provided to a body corporate

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