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Whether deposits made to GST E-Cash Ledger can be considered as discharge of liability?

October 14, 2021 7272 Views 2 comments Print

Please refer to the case, Excise Appeal No.50646 of 2020 [SM] by the appellant, M/s. WMW Metal Fabrics Limited, requested the refund of the amount deposited in the PLA account which was not utilised to discharge the liability under the erstwhile Excise Act, the refund was denied as the time limit for the request to […]

Whether Payment for Supplies can be made by Book Adjustments for availing ITC?

September 28, 2021 9903 Views 0 comment Print

There has been a confusion among the dealers whether the consideration for supplies can be paid by book adjustments under GST Act.  In many businesses, the dealers buy and sell goods or services from one another for which they don’t make payment in cash rather they adjust the book entries for such purchases and sales. […]

GST Query: Whether GST is Applicable on Sale of Designs outside India

September 8, 2021 4443 Views 1 comment Print

Query: Seller is located in India, he wants to sell his designs on online platforms, located outside India, which manufacture and deliver the goods as per the designs as selected by the customer through online mode.  The platforms collect the money from the customers for the goods sold, retains the value of material, other manufacturing […]

Place of GST Registration for Immovable Property and Works Contract Services with Examples

September 3, 2021 28029 Views 1 comment Print

It has been a debate more than just a confusion on deciding the place where GST registration is to be obtained for renting of immovable property and supply of works contract services. Everyone has their own opinion in this regard.  Let’s have a look at my opinion as well (Author’s intention is certainly not to […]

Time Limit for Refund Application under GST

August 27, 2021 178176 Views 9 comments Print

According to Section 54 of CGST Act, an application for claiming refund of any tax and interest can be made before the expiry of two years from the relevant date.  Here there is a question of what the relevant date is.  Don’t worry, the Act further provides an explanation for the relevant date for various […]

ITC on Motor Vehicles under GST: An Analysis

August 20, 2021 388416 Views 11 comments Print

Section 17(5) of CGST Act denies input tax credit on the specific supplies received by a registered person.  Input tax credit on motor vehicles used for transportation of persons is ineligible.  We shall discuss the same in detail. According to Section 17(5) (a) of CGST Act, input tax credit is not available on motor vehicles […]

Whether ITC is allowed to be utilized across different business verticals?

May 26, 2021 21933 Views 3 comments Print

With reference to the Advance Ruling In re Aristo Bullion Pvt Ltd (GST AAR Gujarat), as ruled by the Gujarat Authority for Advance Ruling, the applicant cannot use the input tax credit balance available in the Electronic Credit ledger, from the purchase of inputs used for the outward supply of bullions, against the outward supply […]

Import of Services received from Supplier having Fixed Establishment in India is taxable under GST

January 1, 2021 2778 Views 1 comment Print

What is Fixed Establishment under GST? According to Section 2(7) of IGST Act, “fixed establishment” means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services or to receive and use services for its […]

Interest on ITC wrongly shown in GSTR 3B but not utilised against liability

October 14, 2020 19947 Views 2 comments Print

First, let us have a look at the relevant sections of the CGST Act in order to determine whether interest is applicable on input tax credit which is shown wrongly in the return but not utilised against the payment of output tax liability, as below: According to section 50 (3) of CGST Act, a taxable […]

Scrutiny Notice u/s 143(2) to Return corrected u/s 139(9): An Analysis

March 6, 2020 8136 Views 0 comment Print

Please refer the order issued in the case of Kunal Structure (India) Private Limited Vs DCIT (Gujarat High Court) for the validity of issuing scrutiny notice under section 143(2) for the return filed under section 139(9).  Let us analyse the provisions of the sections to understand the order. According to the section 143(2), an Assessing […]

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