Goods and Services Tax

Restriction in ITC availment | Rule 36(4) of CGST Rule, 2017

CBIC vide the notification number 49/2019 inserted the new rule 36(4) which deals with the restriction on ITC for the invoices not reflecting in GSTR 2A. Section 43A has been inserted vide the CGST Amended Act, 2018 which deals with the provision of procedure and furnishing of return which restricts the ITC exceeding 20% of […]...

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Input tax credit- New Rule 36(4) calculation -Important points

Credit restriction to be calculated Tax head wise or consolidated? A question that is flowing persistently is that is this limit to be calculated Tax head wise i.e. IGST, CGST,SGST separately or on consolidated basis?...

Read More

GST-A Simple Law or A Riddle

Goods and Services Tax (GST) law has completed two years in our Country and entered into third year. Since very beginning there was a demand from various sectors to make this law simple and easy. Though Govt., from time to time made efforts for simplification of this law. But it is a matter of great […]...

Read More

RCM on Rent a Cab under GST

You may perhaps be aware that  the GST Council in its  meeting held on 20.09.2019 at Goa recommended that in the case of registered persons other than body corporate (e.g.  proprietorship, HUF or partnership firm) engaged in renting of vehicles and paying 5% GST (without availing ITC),  GST should  be paid by the  recipient  of [&h...

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Analysis of restriction on ITC not appearing in GSTR 2A

CBIC make a significant change in the GST law by inserting rule 36(4) of CGST rule 2017 thereby restricting the taxpayers to avail ITC only up to 120% of eligible ITC appearing in GSTR-2A of a particular month and consequently it is very important to reconcile the GSTR 2A every month to maintain the track […]...

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News of GSTN system not functioning are incorrect: GSTN

Certain complaints made yesterday on the social media regarding GSTN system not functioning are incorrect. GSTN assures that the GST Return filing system was working within expected limits. Had it not been so, how more than 11.52 lakh GSTR3B (October) returns could have been filed yesterday on 19th Nov with about 1.82 lakh returns filed i...

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How to Unblock the GSTIN for generation of e-waybill

The user will be alerted while generating e-waybills in case the entered GSTIN has not filed the Returns for the past 2 successive months as this GSTIN will be blocked for generation of e-way bills ....

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Delhi Commissionerate unearthed racket of issuance of fake invoices

Central GST Delhi-West Commissionerate has unearthed racket of issuance of fake invoices without actual supply of goods and services by M/s Royal Sales India and 27 other dummy companies.  ...

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Salaries not subject to GST: Unconfirmed CBIC press release on Social Media

Central Board of Indirect Taxes & Customs (CBIC) today clarified that salaries are not subject to GST and no GST has been demanded on salaries paid to CEOs or employees. CBIC said that the media report in this regard alleging that tax authorities want to impose GST on salaries paid to employees is factually incorrect and misrepresents tax...

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Racket of issuance of fake invoices involving GST of Rs 22 crores busted

Central GST Delhi North Commissionerate has unearthed a racket of issuance of fake invoices without actual supply of goods and services. Shri Naveen Mutreja and Shri Keshav Ram have been arrested in this matter and remanded to judicial custody for 14 days by the Chief Metropolitan Magistrate (CMM), New Delhi at Patiala House Courts. The [...

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Mere admitted liability not enough to invoke Section 79 provision of CGST Act

M/s V.N. Mehta & Company Vs Assistant Commissioner (Madras High Court) - GST - Section 79- whether mere admitted liability is enough for invoking the provision under Section 79 of CGST Act - validity of recovery proceedings in the absence of assessment - term amount payable by a person - initiation of proceeding for provisional attachment -...

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Bombay HC refers matter of 10% Mandatory deposit under MVAT to Larger Bench

United Projects Vs State of Maharashtra (Bombay High Court) - The petitioners are aggrieved by the refusal of registration of their appeals filed under the Maharashtra Value Added Tax Act since they have not deposited the ten per cent of the disputed amount now mandated under the amended provision of Section 26 of the Act. They have challenged the validity of ...

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NAA found Builder guilty of not passing benefit of ITC to buyers of flats

Shri Diwakar Bansal Vs M/s Horizon Projects Pvt. Ltd. (National Anti-Profiteering Authority) - Respondent has denied benefit of ITC to the buyers of the flats being constructed by him in his 'Runwal My City' Project in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has thus profiteered an amount of Rs. 3,20,49,507/- from his customers, hence he has committed an o...

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Detention of goods merely for handwritten & Photocopied transport receipt is Illegal

F S Enterprise Vs State of Gujarat (Gujarat High Court) - In this case despite the fact that the petitioner had complied with the procedure for movement of goods as stipulated under the GST Acts, by the impugned order, the truck with the goods came to be detained/seized under section 129 of the GST Acts on the ground that the transport receipt was a photoc...

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Fusible interlining cloth classifiable under Heading 5903: AAR West Bengal

In re Sadguru Seva Paridhan Pvt Ltd (AAR West Bengal) - The Applicant's product, namely fusible interlining cloth, is classifiable under Heading 5903 in Chapter 59 of the First Schedule of the Customs Tariff Act, 1975....

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Important salient features of new GST returns wef 01.04.2020

Trade Circular (GST) No. 53T of 2019 - (21/11/2019) - From 1st April 2020, taxpayers will be required to file the new GST return & they need to be familiar with new return functionality. Active participation of the taxpayers and GST practitioners in this trial return drive will enable to give their proper feedbacks/suggestions to improve the GST new re...

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Fully electronic refund process via Form GST RFD-01 & single disbursement

Circular No. 125/44/2019 - GST - (18/11/2019) - After roll out of GST w.e.f. 01.07.2017, on account of the unavailability of electronic refund module on the common portal, a temporary mechanism had to be devised and implemented wherein applicants were required to file the refund application in FORM GST RFD-01A on the common portal, take a print o...

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Optional filing of annual GST return Form GSTR-9 / GSTR-9A- CBIC clarifies

Circular No. 124/43/2019 - GST - (18/11/2019) - Vide notification No. 47/2019-Central Tax it is provided that the annual return shall be deemed to be furnished on the due date if it has not been furnished before the due date for the financial year 2017-18 and 2018-19, in respect of those registered persons....

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CBIC simplifies Form GST RFD-01, Form GSTR-9, Form GSTR-9C

Notification No. 56/2019–Central Tax - (14/11/2019) - CBIC issues Notification No. 56/2019–Central Tax dated 14th November, 2019 and Simplifies Annual Return GSTR-9 & GST Audit GSTR-9C vide Central Goods and Services Tax (Seventh Amendment) Rules, 2019. Two significant changes in form GSTR9C  are that instead of true and correct now we it specif...

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CBIC extends due date for furnishing Form GSTR-7 for J&K dealers

Notification No. 55/2019–Central Tax [G.S.R. 849(E).] - (14/11/2019) - CBIC extends the due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019 vide Notification No. 55/2019-Central Tax dated 14th November, 2019. Government of India Ministry of Finance (Department of Revenue) Central B...

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Recent Posts in "Goods and Services Tax"

Important salient features of new GST returns wef 01.04.2020

Trade Circular (GST) No. 53T of 2019 (21/11/2019)

From 1st April 2020, taxpayers will be required to file the new GST return & they need to be familiar with new return functionality. Active participation of the taxpayers and GST practitioners in this trial return drive will enable to give their proper feedbacks/suggestions to improve the GST new return tool....

Read More

Restriction in ITC availment | Rule 36(4) of CGST Rule, 2017

CBIC vide the notification number 49/2019 inserted the new rule 36(4) which deals with the restriction on ITC for the invoices not reflecting in GSTR 2A. Section 43A has been inserted vide the CGST Amended Act, 2018 which deals with the provision of procedure and furnishing of return which restricts the ITC exceeding 20% of […]...

Read More

Input tax credit- New Rule 36(4) calculation -Important points

Credit restriction to be calculated Tax head wise or consolidated? A question that is flowing persistently is that is this limit to be calculated Tax head wise i.e. IGST, CGST,SGST separately or on consolidated basis?...

Read More

GST-A Simple Law or A Riddle

Goods and Services Tax (GST) law has completed two years in our Country and entered into third year. Since very beginning there was a demand from various sectors to make this law simple and easy. Though Govt., from time to time made efforts for simplification of this law. But it is a matter of great […]...

Read More

RCM on Rent a Cab under GST

You may perhaps be aware that  the GST Council in its  meeting held on 20.09.2019 at Goa recommended that in the case of registered persons other than body corporate (e.g.  proprietorship, HUF or partnership firm) engaged in renting of vehicles and paying 5% GST (without availing ITC),  GST should  be paid by the  recipient  of [&h...

Read More

Book on ‘Complete Analysis of GST– Nov 2019’

We are happy to announce the release of our thoroughly revised detailed book on GST titled A Complete Analysis on GST – November 2019 Edition...

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Analysis of restriction on ITC not appearing in GSTR 2A

CBIC make a significant change in the GST law by inserting rule 36(4) of CGST rule 2017 thereby restricting the taxpayers to avail ITC only up to 120% of eligible ITC appearing in GSTR-2A of a particular month and consequently it is very important to reconcile the GSTR 2A every month to maintain the track […]...

Read More

News of GSTN system not functioning are incorrect: GSTN

Certain complaints made yesterday on the social media regarding GSTN system not functioning are incorrect. GSTN assures that the GST Return filing system was working within expected limits. Had it not been so, how more than 11.52 lakh GSTR3B (October) returns could have been filed yesterday on 19th Nov with about 1.82 lakh returns filed i...

Read More

20% ITC Restriction under Rule 36(4) of CGST Rules, 2017

Clarification regarding New Rule 36(4) of CGST Rules, 2017, Restriction in Availment of  Input Tax Credit (ITC) Circular No. 123/42/2019– GST, Dt. 11 Nov 2019 This being a new provision, the restriction is not imposed through the common portal and it is the responsibility of the taxpayer that credit is availed in terms of the […...

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Mere admitted liability not enough to invoke Section 79 provision of CGST Act

M/s V.N. Mehta & Company Vs Assistant Commissioner (Madras High Court)

GST - Section 79- whether mere admitted liability is enough for invoking the provision under Section 79 of CGST Act - validity of recovery proceedings in the absence of assessment - term amount payable by a person - initiation of proceeding for provisional attachment -...

Read More

Goods and Services Tax India

The Goods and Services Tax or better known as GST is a Value added Tax and is a comprehensive indirect tax which is levied on the manufacture, consumption, and sale of goods and services. The Goods and Services Tax in India would replace all the indirect taxes which are levied today on goods and services by the Central and the State governments. GST is intended to be comprehensive for most of the goods and services. Goods and Services Tax is a single indirect tax for the entire nation, which would make India a unified market. It is proposed to be a single tax on supply of goods and services, from a manufacturer to the end consumer. The credit of all the input taxes which are paid at each and every stage would be allowed in the following stages of value addition that makes GST basically a tax on value addition only at every stage. The end consumer would have to bear only the Goods and Service Tax which is charged by the final dealer within the supply chain, together with all the set-off benefits availed at previous stages. At Taxguru, we provide all the latest GST news to our viewers. Our group of expert keep a close check on all the latest developments and provide a comprehensive analysis on GST updates. We keep updating our portal with articles on GST for the enlightening our readers. Bookmark us for all the GST articles and much more on GST.