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Cross empowerment of Central & State authorities under GST

February 15, 2021 54534 Views 1 comment Print

It is stated that the GST Council in its 9th meeting held on 16.01.2017 had discussed and it is clarified that the officers of both Central tax and State tax are authorized to initiate intelligence-based enforcement action on the entire taxpayer’s base irrespective of the administrative assignment of the taxpayer to any authority. However, what […]

Relevance of Schedule II under GST after CGST (Amendment) Act, 2018

February 11, 2021 6816 Views 0 comment Print

The term ‘Supply’ mentioned in Section 7 (Scope of Supply) of the Central Goods and Service Tax Act, 2017 (CGST Act, 2017) had been amended retrospectively vide CGST (Amendment) Act, 2018 dated 30.08.2018 to exclude the activities listed in Schedule II from the inclusive definition of ‘Supply’. The clause (d) of sub-section 1 of Section […]

GST on Liquidated Damages

February 9, 2021 11904 Views 1 comment Print

It is stated that performance is the essence of any contract and hence each party to the contract, generally, incorporate their expectation in contract. Failure of expectation of one party i.e. failure of performance by other party as per the agreed terms, may prescribe damages for deficiency in the performance of contract known as ‘liquidated […]

Retrospective amendment in respect of interest on delayed payment of GST

February 7, 2021 7056 Views 0 comment Print

It is stated that proviso to sub-section (1) of Section 50 of the Central Goods and Service Tax, 2017 (CGST Act, 2017) is sought to be amended to substitute retrospectively with effect from the 1’st July, 2017, vide Clause 103 of Finance Bill, 2021, so as so as to charge interest on net cash liability […]

Expansion of scope of supply under GST by Finance Bill, 2021

February 5, 2021 2901 Views 0 comment Print

It is submitted that Section 7(1)(aa) is sought to be inserted retrospectively with effect from the 1’st July, 2017, vide Clause 99 of Finance Bill, 2021, so as to ensure levy of tax on ‘activities or transactions involving the supply of goods or services by any person, other than an individual, to its members or […]

100% restriction to avail ‘ITC’, if no GSTR-1 is filed by supplier

February 4, 2021 39246 Views 1 comment Print

It is submitted that a new clause (aa) to sub-section (2) of section 16 of The Central Goods and Services Tax, Act, 2017 (CGST Act, 2017) is being inserted in Finance Bill, 2021. Please note that these proposals will come into effect from a date to be notified later. It is stated that Sections 2 […]

No GST Audit under Finance Bill, 2021

February 3, 2021 38670 Views 0 comment Print

It is submitted that Section 35 and 44 of The Central Goods and Services Tax, Act, 2017 (CGST Act, 2017) are proposed to be amended in Finance Bill, 2021. Please note that these proposals will come into effect from a date to be notified later. It is stated that Sections 2 to 79 of Finance […]

GSTR -3B is not a return as specified for Section 39 of CGST Act, 2017

February 1, 2021 56322 Views 1 comment Print

For the purpose of availing ITC, time limit has been prescribed in the Goods and Service Tax Act, 2017 (CGST Act, 2017). According to Section 16(4) of the CGST Act, 2017, a registered person is eligible to take input tax credit with respect to the invoice or debit note for inward supply of goods and/ […]

Maximum time limit to avail Input Tax Credit (ITC) under GST

January 31, 2021 139323 Views 1 comment Print

One of the main objects of GST Law is to avoid the cascading effect of taxes and to ensure seamless flow of credits whereas GST Law includes provisions, restricts admissibility of ITC of goods and/or services. Section 16(1) of the Central Goods and Services Tax, 2017 (CGST Act, 2017) provides provision regarding availment of credit […]

Availment of ITC and Utilisation thereof under GST Law

January 28, 2021 111042 Views 5 comments Print

Availment of Input Tax Credit (ITC) and Utilisation thereof under GST Law There are two different concepts under GST that are ‘Availment of ITC’ through credited in Electronic Credit Ledger (ECL) and ‘Utilisation thereof’ to pay output tax liability’ as per Section 49 of the Central Goods and Service Tax Act, 2017 (CGST Act, 2017). […]

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