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Analysis of Mahalaxmi Case in the context of ITC under GST

June 1, 2020 8031 Views 1 comment Print

Introduction:- it is observed by me on the various decision of the HC as well as SC on the account of allowance of the ITC , the decision of M/s. Mahalaxmi Cotton Ginning vs State Of Maharashtra & others, Bombay High court is always referred by the revenue which was in their favor for the […]

Are buyers liable for deposit of Tax under GST by selling dealer?

May 31, 2020 4752 Views 0 comment Print

Introduction :- Section 16(2)(c) of the Central Goods and Service Tax Act 2017 ( Act) states that subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply. Further Section […]

Input Tax Credit not restricted for not payment by seller

May 28, 2020 6165 Views 4 comments Print

Introduction :- Section 16(2)(c) of the Central Goods and Service Tax Act 2017 ( Act) states that subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said […]

Restriction on ITC under GST | Gift Vs Sales Promotion Expenses

May 16, 2020 38250 Views 0 comment Print

Restriction on the Input Tax Credit (ITC) in the CGST Act 2017 – Section 17(5)(h) Gift Vs Sales Promotion Expenses. Introduction :-As per Section 17(5)(h) of the CGST Act, 2017, input tax credit shall not be available in respect of the following, namely: goods lost, stolen, destroyed, written off or disposed of by way of gift […]

Rent A Cab Service Disallowance 17(5) Blocked Credit – GST

May 13, 2020 10626 Views 0 comment Print

it clearly stands established that the services of the Contractor for hiring of buses/cars for transportation of employees qualify as ‘rent-a-cab’ services. Further, if same is obligatory for an employer to provide to its employees under any law for the time being in force, so Input tax credit is not allowed in the case of Rent A Cabe service, firstly we have to pass the test of rent a cab, if same is comes within the preview, ITC is not allowed.

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