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There is no specific exemption from the levy of GST on service charges. Therefore any amount paid to the hotel/restaurant along with the food bill GST needs to be charged on the entire amount including the service charge as the same be part of the value of supply u/s 15(2)(c) of CGST Act.
Introduction of ISD is to distribute input tax credits on services among units of same entity having same PAN which supplies goods or services or both
Author of this article has attempted to bring some clarity on 7aspects of the taxability & applicability of RCM on payments made to its directors by company. The author has also thrown some light on the Circular 140 issued by department.
I. CX – Charges of availing excess Cenvat credit are unsustainable, where not backed by corroborative evidence – allegations of suppression of facts do not hold where assessee’s accounts were audited periodically: CESTAT – Demand in the absence of any corroborative evidence is nothing but based on presumptions and is not permissible under the law […]
Amendment in rule 36(4) ITC cannot exceed in GSTR-3B of 105%- GSTR-2A and Steps to be taken w.r.t ITC post amendment I. Amendment in Rule 36(4) – Restriction on ITC to extend of 105% eligible ITC in GSTR-2A or BoA’s whichever is lower 1. Rule 36(4) was introduced to restrict the availment of credit on […]
Rule 86A could be said to be ultra vires, Article 300A of Constitution of India, ‘No person shall be deprived of his property save by the authority of law’. Input tax credit would be treated as a property of the taxpayer.
Article contains a Background of provisions related to ITC reversal on non-payment of consideration, Extract of relevant provisions and analysis for 180 days reversal, Whether reversal prescribed under section 16(4) 2nd proviso r/w rule 37 to be done in GSTR-3B, Manner of calculating ITC reversal, Non applicability of 180 days ITC reversal provisions, Discussion in […]
What is e-invoicing? e-invoicing refers as per Rule 48(4) of CGST Rules, notified class of registered persons have to prepare invoice by uploading specified particulars of invoice (in FORM GST INV-01) on Invoice Registration Portal (IRP) and obtain an Invoice Reference Number (IRN) Notified persons: A registered person, other than an SEZ unit*, Insurance Company, […]
What is e-invoicing under GST? e-invoicing refers as per Rule 48(4) of CGST Rules, notified class of registered persons have to prepare invoice by uploading specified particulars of invoice (in FORM GST INV-01) on Invoice Registration Portal (IRP) and obtain an Invoice Reference Number (IRN) Notified persons: A registered person, other than an SEZ unit*, […]