Explore constraints of CGST Rule 39(1A) in transferring input tax credits, impacting working capital and compliance for businesses under India’s GST regime.
Learn the key differences between B2B and B2C credit notes under GST and how to handle them in compliance with tax laws.
Understand the tax implications when goods are supplied to a person outside India but delivered within India, based on IGST Act provisions and recent clarifications.
Understand the recovery process for excess input tax credit distributed by ISD, its eligibility verification, legal provisions, and compliance requirements under GST.
Understand GST credit notes under Section 34 of CGST Act: rules for issuing credit notes, implications for suppliers & recipients. Learn more about GST compliance.
Appellate Authority under GST lacks remand power, with an exception in specific cases outlined in Section 75 of the CGST Act, 2017.
The clearing and forwarding service is very complicated issue in past and present tax structure and having always litigation area, as regard POS, classification of service and valuation of service and due to its various scenario.
Whether a supply is composite or not, invoice or agreement is not a deciding factor In Customs and Excise Commissioners v . British Telecommunications plc , Lord Slynn of Hadley considered whether delivery was ancillary or incidental to a supply of cars or whether it was separately identifiable. In concluding that, as a matter of commercial reality, there was one contract for a delivered car, Lord Slynn found it necessary to consider all of the circumstances of the supply and said: ‘… the fact that separate charges are identified in a contract or on an invoice does not on a consideration of all the circumstances necessarily prevent all the supplies from constituting one composite transaction nor does it prevent one supply from being ancillary to another supply which for VAT purposes is the dominant supply … the essential features of a transaction may show that one supply is ancillary to another and that it is the latter that for VAT purposes is to be treated as the supply.it is a composite supply even if separate charge are identified in invoice.’
Transfer/disposal of goods or right in goods, Gift to employee, free sample, Buy one get one free, replacement under warranty, GST on motor vehicle, under GST act 2017. 17(5) notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18,
In case of import credit cannot be availed unless goods are received by registered person in the registered state or you have to take registration in the state from where you are willing to supply directly without receiving the goods to registered place of business.
