Goods and Services Tax

Reversal of ITC after legal availment under GST

In the forth coming article we will discuss the issue that the right to avail the input tax credit is to be seen as on the date of the credit availment and not otherwise .The main intent of the this article is that whether ITC can be called upon to pay back by revenue officers […]...

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Explanations of Recent GST Notification No. 81 to 88/2020-Central Tax

New Notifications in GST (Notification No. 81/2020 to Notification No. 88/2020-Central Taxes) TABLE OF CONTENTS: Notification No. Content 81/2020 Regarding Amendment in Sec. 39 82/2020 Regarding New Rules 83/2020 Due Dates of GSTR -1 84/2020 Options for GSTR – 1 85/2020 Procedure for GSTR – 3B 86/2020 Regarding an earlier notifica...

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Lease of Land and issues in GST?

Article contains Important Definitions related to Lease of Land and issues in GST, Schedule entries related to  Lease of Land, Reverse Charge Mechanism on Land Lease, Important Judgement and AAR related to GST on Land Lease with FAQ on Issues like: What is the difference between the lease of Land v/s Building?, What is a […]...

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Letter to FM on issues in GSTR 2A & GST 2B – ITC availment

Respected Madam, My self- Rajesh Deshpande from Pune Maharashtra working as a Manager-Finance in Pharmaceutical Company name of SAVA HEALTHCARE LTD. We would like to bring your kind attention towards current system of ITC availement and issues creating regarding at the time of reconciliation. As you are fully aware that, GST2B is inserted...

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Understanding Fake Input Tax Credit & How to Unplug Them

It’s almost 34 months since GST has been introduced in India and one of the major Shortfalls of the GST is creation of fake invoices to wrongly avail fake credit out of thin air thereby creating revenue loss to the Government which is not acceptable, to make you understand this concept let me explain the […]...

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Join Certification Courses on GST, Customs & FTP and Income Tax

Join Professional Development & Certification Courses on GST, Customs & FTP and Income Tax by TaxGuru Edu. TaxGuru Edu, an educational wing of TaxGuru, announces Online Professional Development Courses on GST, Customs & FTP and Income Tax to help you in learning them in a practical way. Course 1 – Professional Developmen...

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Webcast on GST, E-Invoicing, Return, Departmental Audit, Risky Exporters & Litigation

Webcast on GST E-Invoicing (For 100 Crs + Taxpayers) Implementation vide GSP – End to End Analysis, How to deal with Recent Changes in GST Return, Preparation for Departmental GST Audit, How to Handle Risky Exporters & GST Litigations....

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Detailed information on GST e-invoice help options

e-Invoice Support To report any issues or for support on integration of E Invoice system, following options are available. 1. Through self-service system at : https://selfservice.gstsystem.in/ 2. Through toll free number : 1800-103-4786 Before reporting the issue, users are encouraged to go through the following web sites to acquaint them...

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Request to implement OTS in Punjab VAT Assessment cases of small taxpayers

Request to implement One Time Settlement (OTS) in VAT Assessment cases of small taxpayers from Punjab i.e. below annual turnover One Crore and avoid Exparte  orders in other cases...

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GST Council Law Committee to meet & discuss fake invoices on Nov 18

An urgent meeting of the Law Committee of the Goods and Service Tax (GST) Council has been convened tomorrow in New Delhi to discuss in detail the issue of fake invoices to claim input tax credit under the indirect tax regime. The meet will deliberate on ways of further tightening of the GST registration process […]...

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Physically record statement in alleged GST evasion case: HC directs Byju’s CFO

P V Rao Vs Senior Intelligence Officer, Directorate General Of GST Intelligence & Ors. (Delhi High Court) - The present petition is filed to seek a writ of Mandamus to direct Respondent No. 1, the Senior Intelligence Officer, Director General of GST Intelligence (“DGGSTI”) to allow the Petitioner to tender his statement and adduce evidence through video conferencing, in relation to a summon issued und...

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DGGI Refused to Grant Bail to Person Accused of GST Evasion

Satender Kumar Singla Vs. Directorate General GST Intelligence (DGGI) (Rohtak Court) - Present petition is filed to seek bail to the person accused of establishing bogus firms & issuing only invoices without actual supply....

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HC Allows Petitioner Retrospective Registration under Tamil Nadu GST

Tvl. Lourdes Matha Cashew Industries Vs Union of India (Madras High Court) - HC Allows Petitioner Retrospective Registration under Tamil Nadu GST. Court directs the respondents to consider the petitioner's representation, dated 14.09.2020 seeking for validation of his registration from 01.07.2017 itself and pass final orders on merits and in accordance with law....

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Logix Infrastructure guilty of not passing ITC benefit to Homebuyers: NAA

Sh. Rajender Meena Vs Logix Infrastructure Pvt. Ltd (National Anti-Profiteering Authority) - Sh. Rajender Meena Vs Logix Infrastructure Pvt. Ltd (National Anti-Profiteering Authority) We take note of the fact that Respondent vide his submissions dated 05.06.2020 has accepted his liability of passing on the benefit of additional ITC as per the report of the DGAP and has also submitted that h...

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If Registered with GST Liable to file GST Return despite Not Liable to Pay GST

Joy Mathew Vs Union of India (Kerala High Court) - The present writ petition is based on the facts that owing to the advent of the new GST regime in case petitioner who is registered with GST is of the view that, is not liable to pay tax for these period need not file GST returns showing nil, but the provisions of the Act envisages requirement of fi...

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DGGI Rohtak arrests one more in Hisar for issuing fake invoices of ITC

Release ID: 1675359 - (24/11/2020) - In pursuance of ongoing investigation of fraudulent passing of Input Tax Credit (ITC)wherein one person namely Sh. Satender Kumar Singla of Hisar was arrested on 12.11.2020,the Directorate General of GST Intelligence (DGGI), Regional Unit, Rohtak falling under Gurugram Zonal Unit has arrested one mo...

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Strong message to fraudsters involved in Fake GST Invoice: CBIC Chairman

D.O.No.42/CH(IC)/2020 - (23/11/2020) - Lastly, sustained action on the ground by our officers during the past couple of weeks in addressing the GST fake-invoice menace has conveyed a strong message to the fraudsters involved in this modus operandi....

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One arrested for availing ITC of Rs. 3.51 Crore on fake invoices

Release ID: 1674495 - (20/11/2020) - On the basis of specific information regarding availment of ITC on fake invoices, searches were conducted on 19.11.2020 by the officers of DGGI, Nagpur Zonal Unit at the premises of a Nagpur based trading firm dealing in Paint, Cement and Iron & Steel products....

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DGGI arrests Nashik builder for availing fraudulent ITC under GST

Release ID: 1673994 - (19/11/2020) - The officials of DGGI, Nashik Regional Unit of DGGI, Nagpur Zonal Unit arrested a prominent builder of Nashik in an ongoing investigation regarding availment of fraudulent Input Tax Credit on fake invoices....

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Updates on e-invoicing under GST WEF 01.01.2021

NA - (18/11/2020) - From 1-1-2021, Government has mandated e-invoicing for the taxpayers with aggregate turnover exceeding Rs. 100 Cr. (in any preceding financial year from 2017-18 onwards). 1. Certain set of taxpayers had started e-invoicing from 1st October, 2020. In the month of October, 2020, about 4.95 Crore invoi...

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Recent Posts in "Goods and Services Tax"

Physically record statement in alleged GST evasion case: HC directs Byju’s CFO

P V Rao Vs Senior Intelligence Officer, Directorate General Of GST Intelligence & Ors. (Delhi High Court)

The present petition is filed to seek a writ of Mandamus to direct Respondent No. 1, the Senior Intelligence Officer, Director General of GST Intelligence (“DGGSTI”) to allow the Petitioner to tender his statement and adduce evidence through video conferencing, in relation to a summon issued under Section 70 of the CGST Act, 2017. ...

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DGGI Refused to Grant Bail to Person Accused of GST Evasion

Satender Kumar Singla Vs. Directorate General GST Intelligence (DGGI) (Rohtak Court)

Present petition is filed to seek bail to the person accused of establishing bogus firms & issuing only invoices without actual supply....

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HC Allows Petitioner Retrospective Registration under Tamil Nadu GST

Tvl. Lourdes Matha Cashew Industries Vs Union of India (Madras High Court)

HC Allows Petitioner Retrospective Registration under Tamil Nadu GST. Court directs the respondents to consider the petitioner's representation, dated 14.09.2020 seeking for validation of his registration from 01.07.2017 itself and pass final orders on merits and in accordance with law....

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DGGI Rohtak arrests one more in Hisar for issuing fake invoices of ITC

Release ID: 1675359 (24/11/2020)

In pursuance of ongoing investigation of fraudulent passing of Input Tax Credit (ITC)wherein one person namely Sh. Satender Kumar Singla of Hisar was arrested on 12.11.2020,the Directorate General of GST Intelligence (DGGI), Regional Unit, Rohtak falling under Gurugram Zonal Unit has arrested one more person namely, Sh. Vikas Jain, of Jin...

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Logix Infrastructure guilty of not passing ITC benefit to Homebuyers: NAA

Sh. Rajender Meena Vs Logix Infrastructure Pvt. Ltd (National Anti-Profiteering Authority)

Sh. Rajender Meena Vs Logix Infrastructure Pvt. Ltd (National Anti-Profiteering Authority) We take note of the fact that Respondent vide his submissions dated 05.06.2020 has accepted his liability of passing on the benefit of additional ITC as per the report of the DGAP and has also submitted that he had passed on the benefit of […...

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Reversal of ITC after legal availment under GST

In the forth coming article we will discuss the issue that the right to avail the input tax credit is to be seen as on the date of the credit availment and not otherwise .The main intent of the this article is that whether ITC can be called upon to pay back by revenue officers […]...

Read More

Explanations of Recent GST Notification No. 81 to 88/2020-Central Tax

New Notifications in GST (Notification No. 81/2020 to Notification No. 88/2020-Central Taxes) TABLE OF CONTENTS: Notification No. Content 81/2020 Regarding Amendment in Sec. 39 82/2020 Regarding New Rules 83/2020 Due Dates of GSTR -1 84/2020 Options for GSTR – 1 85/2020 Procedure for GSTR – 3B 86/2020 Regarding an earlier notifica...

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Join Certification Courses on GST, Customs & FTP and Income Tax

Join Professional Development & Certification Courses on GST, Customs & FTP and Income Tax by TaxGuru Edu. TaxGuru Edu, an educational wing of TaxGuru, announces Online Professional Development Courses on GST, Customs & FTP and Income Tax to help you in learning them in a practical way. Course 1 – Professional Developmen...

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If Registered with GST Liable to file GST Return despite Not Liable to Pay GST

Joy Mathew Vs Union of India (Kerala High Court)

The present writ petition is based on the facts that owing to the advent of the new GST regime in case petitioner who is registered with GST is of the view that, is not liable to pay tax for these period need not file GST returns showing nil, but the provisions of the Act envisages requirement of filing returns....

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Lease of Land and issues in GST?

Article contains Important Definitions related to Lease of Land and issues in GST, Schedule entries related to  Lease of Land, Reverse Charge Mechanism on Land Lease, Important Judgement and AAR related to GST on Land Lease with FAQ on Issues like: What is the difference between the lease of Land v/s Building?, What is a […]...

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HC upheld GST Registration Cancellation on Failure of Appellant to pay Tax Installments

Magnamind Ventures (P) Ltd. Vs State of Kerala (Kerala High Court)

Kerala High Court cancelled the GST registration of the Appellant since they have not deposited the payment of Central Goods and Services Tax(CGST) and also the State Goods and Services Tax (SGST) from year 2017 onwards till the date of hearing....

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Letter to FM on issues in GSTR 2A & GST 2B – ITC availment

Respected Madam, My self- Rajesh Deshpande from Pune Maharashtra working as a Manager-Finance in Pharmaceutical Company name of SAVA HEALTHCARE LTD. We would like to bring your kind attention towards current system of ITC availement and issues creating regarding at the time of reconciliation. As you are fully aware that, GST2B is inserted...

Read More

Strong message to fraudsters involved in Fake GST Invoice: CBIC Chairman

D.O.No.42/CH(IC)/2020 (23/11/2020)

Lastly, sustained action on the ground by our officers during the past couple of weeks in addressing the GST fake-invoice menace has conveyed a strong message to the fraudsters involved in this modus operandi....

Read More

Understanding Fake Input Tax Credit & How to Unplug Them

It’s almost 34 months since GST has been introduced in India and one of the major Shortfalls of the GST is creation of fake invoices to wrongly avail fake credit out of thin air thereby creating revenue loss to the Government which is not acceptable, to make you understand this concept let me explain the […]...

Read More

Place of Supply under GST – Online/Virtual Coaching Classes

In the past few months, the online/virtual coaching segment has boomed due to the shift in the social/educational environment imposed by the covid-19 pandemic. This change in social/educational environment necessitated every training/coaching service provider to shift from conventional physical class rooms to online/virtual class rooms to...

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GST: DRC-03, DRC-04 and DRC-05 user Manual

This presentation will familiarise you with the end-to-end processes involved in payment made by the Taxpayer using DRC-03 and verification of such payment made using DRC-03 and issuance of acknowledgement of Payment through DRC-04 or Conclusion of Proceeding through DRC-05 as per the Cause of Payment in the CBIC-GST application. At the e...

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Place of Supply under GST (Summarized)

PLACE OF SUPPLY (SUMMARISED) Place of Supply is important to determine: – -Whether the supply is Interstate or Intrastate. -Resulting to which, Whether SGST/UTGST plus CGST is leviable or IGST is leviable. If inter state transaction is wrongly treated inter-state or vice-versa and tax paid accordingly, then it can be rectified. Howe...

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Registration and Self Assessment Tax under CGST, 2017

The liability to register under GST arises when aggregate turnover of a supplier exceeds threshold limits. The registered person acquires a 15-digit GSTIN from the tax authorities so that he is eligible to collect tax on behalf of the Government and thereby avail the benefit of Input Tax Credit. Every registered person shall make a [&hell...

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5% GST on sale of Micafunign Sodium by DTA unit of BIOCON: AAAR

In re BIOCON Ltd. (GST AAR Karnataka)

Sale of Micafunign Sodium by the DTA unit of Appellant is covered under Serial No. 114 of Entry No. 180 of Rate Notification No 01/2017 CT (R) and therefore, is leviable to GST at the rate of 5%'....

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AAR allowed withdrawal of ruling application as relevant Venture was over

In re Savitri Ashirvaad Buildtech Limited (GST AAR Telangana)

In the reference 5th cited, M/s. Savitri Ashirvaad Buildtech Limited, have informed through mail, that the Venture is over and they don’t need the ruling.  Hence the dealer has withdrawn the advance Ruling Application....

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GST order passed is bad in law if mandatory procedures not followed

Shri Shyam Baba Edible Oils Vs Chief Commissioner and another (Madhya Pradesh High Court)

Shri Shyam Baba Edible Oils Vs Chief Commissioner and another (Madhya Pradesh High Court) In the case of Shri Shyam Baba Edible Oils Vs Chief Commissioner and another it was held by Madhya Pradesh High Court that If mandatory procedures as per rule not followed the orders passed are bad in law under GST. It […]...

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Notice issued in challenge to constitutional validity & vires of 16(4) of CGST Act 2017/WBGST Act 2017 by Calcutta HC

Rainbow Infrastructure Private Limited & Anr Vs Assistant Commissioner (Calcutta High Court)

Rainbow Infrastructure Private Limited & Anr Vs Assistant Commissioner (Calcutta High Court) Hon’ble Calcutta High Court has issued notice to Centre and State Government in the matter of Latika Ghosh Vs ACST, Raiganj Charge & others, W.P. A. No. 7272  of 2020, in the matter of Rainbow Infrastructure Pvt. Ltd. Vs. ACST, Barrackp...

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Webcast on GST, E-Invoicing, Return, Departmental Audit, Risky Exporters & Litigation

Webcast on GST E-Invoicing (For 100 Crs + Taxpayers) Implementation vide GSP – End to End Analysis, How to deal with Recent Changes in GST Return, Preparation for Departmental GST Audit, How to Handle Risky Exporters & GST Litigations....

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HC allows filing of GST returns without paying entire admitted tax: Allows payment in Installment

Pazhodiyum Food Ventures Vs Supritendent Commercial Taxes (Kerala High Court)

Pazhodiyum Food Ventures Vs Supritendent Commercial Taxes (Kerala High Court) The petitioner is a private limited company registered as a service provider under the Goods and Service Tax Act. In the Writ Petition it is the case of the petitioner that while he intends to pay the arrears of tax due for the assessment year […]...

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Court grants Bail to person alleged of taking Fake ITC Credit

Ashish Aggrawal Vs CGST (Patiala House Court)

No doubt, economic offences should be dealt with sternly, however mere allegations of economic offence does not dis-entitled any person from seeking personal liberty unless there are overwhelming material against such person. In the present case, no money trail has been brought on record which shows that accused Ashish Aggawal is the ulti...

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One arrested for availing ITC of Rs. 3.51 Crore on fake invoices

Release ID: 1674495 (20/11/2020)

On the basis of specific information regarding availment of ITC on fake invoices, searches were conducted on 19.11.2020 by the officers of DGGI, Nagpur Zonal Unit at the premises of a Nagpur based trading firm dealing in Paint, Cement and Iron & Steel products....

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Passing ITC without Actual Payment of GST- Bail Application of accused Rejected

Directorate General of Goods & Services Tax Intelligence & Ors. Vs Rakesh Kumar Goyal (Patiala House Court)

Directorate General of Goods & Services Tax Intelligence & Ors. Vs Rakesh Kumar Goyal (Patiala House Court) The petition is filed to seek bail to the accused for passing ITC without any actual payment of GST. Patiala House Court states that, this bail application is strongly opposed by respondents on the ground that the offense [&...

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GSTN issued Advisory on E-Invoicing

The Goods and Service Tax Network (GSTN) had issued the updates on e-invoicing. E-Invoicing is basically a standard format of the invoice suggested by the GSTN for the GST registered suppliers. E-Invoicing includes that the businesses would generate the invoice at their system and report it to e-invoice portal (also recognized a...

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Gujarat HC Denies Integrated GST Rebate to Advance Authorization License Holders – Is It Fair?

CA Navjot Singh Cosmo Films India Vs Union of India & Ors. (Gujarat High Court) Holders of advance authorization licenses were entitled to import raw materials without payment of integrated GST and rebate of IGST. The government changed the rules in September 2018 – retrospectively from July 2017 – prohibiting the entitlement if b...

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New GST Return Regime- Seems good but falling short of expectations

With effect from 01st January, 2021 the new GST returns regime will be rolled out. Pursuant to the central government’s constant jostling with adverse, trying and demanding economic situations, an effort is being made to provide the small taxpayers some breathing space and easing the compliance burden, quarterly GSTR-3B filing is being ...

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HC Rejects proposed amendment in writ by Sun Pharma seeking Refund of Full CGST & 50% of IGST

Sun Pharma Laboratories Limited Vs Union of India and Others (Sikkim High Court)

Sun Pharma Laboratories Limited Vs Union of India and Others (Sikkim High Court) The instant petition is filed to seek the refund of full Central Goods and Service Tax (CGST) and 50% of Integrated Goods and Service Tax (IGST) paid through the electronic cash ledger. Petitioner seeks to challenge the vires of Section 174(2)(c) of […...

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Tax, Interest, or Penalty under GST cannot be imposed without giving opportunity of being heard to Assessee

Sanchar Telesystems Limited Vs Commercial Tax Officer (Karnataka High Court)

The issue under consideration is whether Commercial Tax Officer is correct in initiating proceedings under section 129 for detaining vehicles, imposing tax, penalty, and interest?...

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Detention of goods & vehicle under GST: HC explains Provisions of Section 129 & 130

Gokul P.G. Vs State of Kerala (High Court of Kerala at Ernakulam)

Gokul P.G. Vs State of Kerala (High Court of Kerala at Ernakulam) Sections 129 and 130 are independent provisions, and that, while a detention of goods and vehicle under Section 129 could entail proceedings under Section 130, in situations where the detained goods/vehicle are not cleared by the owners thereof within a period of 14 [&helli...

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ITC disallowance to buyer for seller’s default to pay taxes ‘unsustainable’

Input Tax Credit (ITC) restriction in the hands of buyer, on the ground of tax collected but remaining unpaid to the Government by the seller cannot be sustained and requires re-consideration....

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DGGI arrests Nashik builder for availing fraudulent ITC under GST

Release ID: 1673994 (19/11/2020)

The officials of DGGI, Nashik Regional Unit of DGGI, Nagpur Zonal Unit arrested a prominent builder of Nashik in an ongoing investigation regarding availment of fraudulent Input Tax Credit on fake invoices....

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Municipal tax levied on advertisement hoardings in private properties post GST Implementation is valid: HC

Selvel Media Services Private Ltd. Vs Municipal of the City of Ahmadabad (Gujarat High Court)

Selvel Media Services Private Ltd. Vs Municipal of the City of Ahmadabad (Gujarat High Court) Issues- By this petition under the Articles 226 and 227 of the Constitution of India, the petitioner has challenged the Resolution no.928 dated 28th November 2018 and the Resolution dated 24th December 2018 passed by the Standing Committee of the...

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Compensation for Quarantine Centers – GST implications

The Central and State Governments have been continuously taking preventive measures in its mission to contain the spread of novel Corona Virus (COVID-19). Several important measures have been adopted to fight with COVID-19 and self-quarantine appeared to be one of the best solutions among others. In its endeavor to save its citizens from ...

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HC disposes writ as grievance of petitioner against retrospective effect to rule 96 no longer survives

Zaveri and Co Pvt. Ltd. Vs Union of India (Gujarat High Court)

Zaveri and Co Pvt. Ltd. Vs Union of India (Gujarat High Court) 1. Mr. Uchit Sheth, learned advocate for the petitioner has submitted that the petitioner has challenged rule 96 (10) (b) of the Central Goods and Service Tax Rules, 2017 insofar as the same has been given retrospective effect. It was pointed out that […]...

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Common errors while reporting GST e-invoices to IRP

Article explains Common errors while reporting invoices to IRP and resolution for the same. It also contains Error Code, Error Message & Reason for Error. Error Code Error Message Reason for Error Resolution 2150 Duplicate IRN Attempting to register a document again which is already registered and IRN is generated. Don’t fire th...

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Detailed information on GST e-invoice help options

e-Invoice Support To report any issues or for support on integration of E Invoice system, following options are available. 1. Through self-service system at : https://selfservice.gstsystem.in/ 2. Through toll free number : 1800-103-4786 Before reporting the issue, users are encouraged to go through the following web sites to acquaint them...

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FAQs GST e-invoice/IRN System

A. E-invoice – Basics: Q. 1. What is ‘e-invoicing’? 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). After following above ‘e-invoici...

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APIs/Testing/Sandbox – GST e-invoice- FAQs

E-Invoice System Q.1 Who can generate the IRN from the e-invoice system? Presently, IRN can be generated only by the tax payers who have been notified. That is, tax payers whose turnover is more than Rs. 500 Crores. Q.2 How many rounds of testing of APIs have to be made on the sandbox system to […]...

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Registration and login on GST e-invoice portal: FAQs

GENERAL Q.1 What are the methods/modes of e-invoice generation? There are two modes/methods of e-invoice generation. First one is using the offline/excel tool Second one is using the API mode – directly or through GSPs. Q.2 What are the access mechanism for the e-invoicing system? There are two access mechanism for e-invoicing system. W...

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Request to implement OTS in Punjab VAT Assessment cases of small taxpayers

Request to implement One Time Settlement (OTS) in VAT Assessment cases of small taxpayers from Punjab i.e. below annual turnover One Crore and avoid Exparte  orders in other cases...

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Updates on e-invoicing under GST WEF 01.01.2021

NA (18/11/2020)

From 1-1-2021, Government has mandated e-invoicing for the taxpayers with aggregate turnover exceeding Rs. 100 Cr. (in any preceding financial year from 2017-18 onwards). 1. Certain set of taxpayers had started e-invoicing from 1st October, 2020. In the month of October, 2020, about 4.95 Crore invoices were generated by 27400 GSTINs. 2. T...

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GST- Quarterly Return & Monthly Payment Scheme (QRPS)

The GST Council in their 42nd Meet on 5th October 2020 proposed a quarterly return filing system for small taxpayers having aggregate turnover up to Rs 5 crores with effect from 1st January, 2021. Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 143/13/2020- GST on 10th November 2020, outlining guidelines and [&h...

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Faulty Definition of Intra-State Supply for Levy of GST by States

The recommendation of the Goods and Services Tax Council (GST Council) made to States provides that States shall levy State Goods and Services Tax on ‘intra-State supply’ as defined in section 8 of the Integrated Goods and Services Tax Act, 2017.  In my personal opinion, such recommendation is not in conformity of scheme of l...

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Showing GSTR-3B Turnover In 26AS – An Opinion

Recently, one of the major changes implemented in the Income Tax system. Now in Form 26AS, the Turnover as per GSTR-3B will be reported. Now, let’s discuss the implication of the same by going through some logical sequence. JOURNEY OF GSTR – 3B Originally, GSTR-3B was introduced as temporary replacement of GSTR–3. It was not [&helli...

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GST Council Law Committee to meet & discuss fake invoices on Nov 18

An urgent meeting of the Law Committee of the Goods and Service Tax (GST) Council has been convened tomorrow in New Delhi to discuss in detail the issue of fake invoices to claim input tax credit under the indirect tax regime. The meet will deliberate on ways of further tightening of the GST registration process […]...

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Commissioner can authorize ‘arrest’ prior to completion of adjudication/assessment

The Hon’ble HC, Gujarat in Vimal Yashwant Giri Goswami & Others v. State of Gujarat [R/SLP No. 13679/2019 dated 20.10.2020] held that the power to arrest as provided under Section 69 read with Section 132 of Central Goods and Services Tax Act, 2017 (CGST Act) can be invoked by Commissioner prior to the completion of […]...

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11 Important FAQs on Quarterly GST Return & Monthly Payment

11 Important FAQs of Quarterly Return and Monthly Payment (‘QRMP’) Scheme w.e.f 1st January, 2021 With the coming of 1st day of any new month or the 1st day of the new quarter, GST Council is ready to come out with certain new changes. Whether it is 1st October 2019 (Changes in Section 36(4) , […]...

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Telangana opts Option-1 to meet GST implementation shortfall

Release ID: 1673501 (17/11/2020)

The Government of Telangana has communicated its acceptance for Option-1 out of the two options suggested by the Ministry of Finance to meet the shortfall in revenue arising out of GST implementation.  The State has now joined 22 other States and 3 Union Territories (Delhi, Jammu & Kashmir and Puducherry) who have opted for Option-1. ...

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Representation on deficiency in functioning of GST Portal

It has been more than 3 years that GST has been implemented and it has been a system driven legislature. The GST portal is the back bone of functioning of GST and to make GST law a success a robust GST portal and infrastructure should be in place. However, the GST portal has been disappointing in last 3 years with respect to its performan...

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Supply of service by IZ Kartex to BCCL qualifies as import of service

In re IZ Kartex (GST AAAR West Bengal)

In re IZ Kartex (GST AAAR West Bengal) From the facts of the case, it is seen that the IZ-Kartex named after Korobkov, the Russian company has entered into the MARC with BCCL. They have deployed DDP-N, an Indian company as the subcontractor. DDP-N in turn, issues invoice to the Russian company. Again, the Russian […]...

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Guns N Roses – Digital Synchronisation Income Tax vis-a-vis GST

Dear All, Happy to present before all of you my another article on Guns N Roses – Digital Synchronisation Income Tax vis-a-vis GST 👆. This article has penned after the reporting of GSTR 3B data started in Form 26AS of the Assessee on 12th November 2020. Article briefly discusses what needs to be done in […]...

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GST Taxability of Food & Accommodation Services for Coaching Services

In one of the recent Advance Rulings, the Authority for Advance Rulings, Andhra Pradesh, has opined that GST will be levied on supply of food and accommodation services for coaching services and no exemption is available to such services. [In Re: Master Minds (2020) 7 TMI 348; (2020) 117 taxmann.com 824 (AAR, Andhra Pradesh)]. In [&hellip...

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Consequences for Not Displaying GSTIN on Board

You have set up your office in Maharashtra and you are not displaying your GST number on your board outside your office? Then be aware because you might get penalty notice from the department if anyone complaints against you. You are thinking why? In this article we are answering the most important but ignorant question […]...

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Analysis of Provisions of Rectification of Error under GST

Under GST act various provisions has been made such as, levy and collection of tax, registration, returns, Input Tax Credit, payment of tax, refund, assessment, audits, determination of tax liability, demand and recovery, appeal etc. Accordingly, appropriate proceedings are initiated by the proper officers either on his own motion or on a...

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350 cases registered against fake GST invoice fraudsters

Notification No. D.O.No.41/CH(IC)/2020 (16/11/2020)

Last week saw a drive launched against the entire network of GST evaders including a few tax professionals. It includes all those who have been creating, supporting, servicing and advising fraudsters in setting up a web of fake companies to engage in bogus circular trading. Passing on ITC in contravention of law results in harming busines...

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HC Grants Bail to Person Alleged of Economic Offence under GST

Narayan Kumar Khaitan Vs Union of India (Orissa High Court)

The instant petition is filed to seek bail against the offences alleged against petitioner which are punishable under Sections 132(1)(b) and 132(1)(l) of the Central Goods and Services Tax Act, 2017....

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Rejection of Claims of Sales or Returns Merely on the Assumption of Failure to Produce Documentary Evidence Not Justified

Kurlon Enterprises Limited Vs State Tax Officer (Madras High Court)

The issue under consideration is whether officers can reject claims of sales or returns merely on the assumption of failure to produce documentary evidence? HC is of the view that the exercise of reconciliation has not been conducted in the manner as required by law. The impugned assessments are thus set aside....

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SCN for Confiscation of Goods or Conveyance on Mere Suspicion Not Justified

Anant Jignesh Shah Proprietor of M/S. Nakoda And Company Vs Union of India (Gujarat High Court)

The issue under consideration is whether show cause notice for confiscation of goods or conveyance is justified to issue on mere suspension under GST Act?...

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Release Detained Vehicle & Goods After Obtaining Bond: Gujarat HC

Majid Bilalbhai Akbani Proprietor of M/S Imran Impex Vs State of Gujarat (Gujarat High Court)

The instant petition is filed to seek to release of the detained goods and vehicles under Section 129(1) of the CGST Act. The court directed the respondent authority to release the vehicle and the goods after obtaining a bond of Rs.11,73,480 from the writ applicant....

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E-Way Bill generation blocking after 01.12.2020 applies to all

NA (16/11/2020)

Update on Blocking of E-Way Bill (EWB) generation facility, after 1st December, 2020 1. In terms of Rule 138E (a) and (b) of the CGST Rules, 2017, the E-Way Bill (EWB) generation facility of a taxpayer is liable to be restricted, in case the taxpayer fails to file their FORM GSTR-3B returns / Statement in […]...

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Decoding Section 16(4) – ITC under GST– From Naked Perspective

In the recent times, the CGST Department has been aggressively issuing notices and advisory related to section 16(4) for late filing of GSTR 3B upto the March month of FY 2018-19, after due date of GSTR 3B of September Month. The Notice and advisory sent by the department is related to Reversing the ITC claimed […]...

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One held for fraudulently passing ITC of Rs 13.08 crore

Release ID: 1672747 (13/11/2020)

DGGI, Rohtak Regional Unit, has arrested one person namely, Sh. Satinder Kumar Singla, of Hisar who was found involved in issuing fake invoices from various firms without actual movement of goods having taxable value of Rs. 75 crore (approx.) and fraudulently passing ITC amounting to Rs. 13.08 crore....

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GST: Quarterly Return Monthly Payment Scheme with examples

Understanding the New GST Diwali Bonanza-Quarterly Return Monthly Payment (QRMP) Scheme with Practical Illustrations The Goods & Service Tax (GST), inspite of its PAN India roll-out as ‘One Nation One Tax’, w.e.f. 1.7.2017, has been looked upon with some reservations and apprehensions by the small and middle level businesses and t...

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Mismatch in GSTR-1 & 3B not Conclusive for Suppression of Tax

It is held by Appellate Authority – GST, ANDHRA PRADESH in case of Sri Kali Krishna Industries Vs Assessing Authority AP that mere mismatch in GSTR 3B & GSTR 1 is not conclusive for any suppression of tax. The contentions submitted by the taxpayer need to be examined before issuing an order. Brief Fact of […]...

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GST Return Filling System (version 3.0) From 01-01-2021

FROM 01-01-2021 , GST RETURN FILING SYSTEM will see complete change. (We call it version 3.0) . Intention to Overhaul GST return filing system, But is it the correct solution in reality??? We will find out that in future . FYI, NOTIFICATION 82 TO 85 to notify/amend rule 60/61/62/61A. Also Circular No. 143/13/2020 is issued […]...

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Forthcoming amendments in GST returns – Part 2 of 2

In the previous part of this article, we had discussed the updates pertaining to GSTR-3B and R-1. To read the same, kindly refer to the link – (https://taxguru.in/goods-and-service-tax/forthcoming-amendments-gst-returns-part-1.html) In this article, we would be discussing the important aspects to be considered by the taxpayers due t...

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Forthcoming amendments in GST returns – Part 1 of 2

Recent notifications from CBIC dated 10th November 2020 tend to implement several amendments pertaining to returns to be filed by the registered persons. Being most of the taxpayers are choked with GST – annual returns, ITR filing, day-to-day business chores, etc. This article summarizes the amendments notified in a lucid way. For t...

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Anti-profiteering Penalty Provision not in existence till 31.12.2019: NAA

Deepak Kumar Khurana Vs Sattva Developers Pvt. Ltd. (NAA)

Deepak Kumar Khurana Vs Sattva Developers Pvt. Ltd. (NAA) Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171(1) which have come in to force w.e.f. 01.01.2020, by inserting Section 171(3A). Since no penalty provisions were in existence between the period w.e.f. 01...

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AAAR cannot answer on correctness of GST liability based on illustrative invoices

In re Apsara Co-operative Housing Society Ltd. (GST AAAR Maharashtra)

In re Apsara Co-operative Housing Society Ltd. (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling upheld the Ruling passed by the Maharashtra Advance Ruling Authority, vide their Order No. GST-ARA-21/2019-20/B-34 dated 17.03.2020 and stated that the activities carried out by the Appellant would amount to supply ...

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MSMEs to implement IT infrastructure to support electronic invoices in 50 days

The Government recently had stated that e-invoicing or electronic invoicing in s going to be mandatory for any business that has a turnover of above Rs 100 crore. The limit was Rs 500 crore according to the previous regulations. The small businesses previously who were not required to bother regarding e-invoicing under the Goods and Serv...

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Input tax credit denial merely on technical grounds not justified

Heritage Lifestyles And Developers And Pvt. Ltd. Vs. Union Of India (Bombay High Court)

Heritage Lifestyles and Developers And Pvt. Ltd. Vs. Union of India (Bombay High Court) This is a case, where admittedly Petitioner could not file GST TRAN-1 on or before 27.12.2017 but had manually applied for GST TRAN-1 on 7.5.2018 as per Circular dated 03.04.2018 within the timeline as per the date extended by this Court. […]...

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New GST Return Scheme for Small Taxpayers

The Central Government is looking to overhaul the return filing system with a view to provide some relief to taxpayers with aggregate turnover under GST less than Rs. 5 crores. In this regard, it has released certain notifications to lay down a new scheme of return filing for such taxpayers. We have tried to summarise […]...

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Transitional Credit claim on Successful filing of GST TRAN-1 cannot be Rejected Merely due to No Technical Glitches on GSTN

BMW India Financial Services Pvt. Ltd. Vs Union of India (Bombay High Court)

The issue under consideration is that despite the admitted successful filing of Form TRAN-1 by the Petitioner, the request of the Petitioner for transitioning of credit has not been approved by the ITGRC merely on the basis that there were no technical glitches on the GSTN side is justified in law?...

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Mere noticing Conveyance at Wrong Destination Can’t Said to be a Contravention of CGST Act

Sree Rama Steels Vs Deputy State Tax Officer & 3 Others (Telangana High Court)

The issue under consideration is whether ‘Noticing the conveyance at a wrong destination’ without anything more can be said to be a contravention of the CGST Act?...

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E-invoicing and its applicability with illustration

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 th...

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GST: HC Directed to Released Provisional Attachment of 5 Bank Accounts

Jay Ambey Filament Pvt. Ltd Vs Union of India (Gujarat High Court)

HC are of the view that none of the above referred conditions are fulfilled in the present case. In the result, this writ application stands allowed. The order of provisional attachment of the five bank accounts of the writ applicant under Section 83 of the Act is quashed and set aside. ...

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Corrigendum to Notification No. 86/2020–Central Tax

Corrigendum to Notification No. 86/2020–Central Tax/G.S.R. 712(E) (13/11/2020)

CBIC issues CORRIGENDUM to Notification No. 86/2020–Central Tax [G.S.R. 702(E)] which related to rescinding of notification by which Due dates of GST were notified earlier. Vide CORRIGENDUM CBIC has corrected the use of word to “Central Government” instead of “Commissioner”. at one place in Notification No. 86/20...

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Corrigendum to Notification No. 82/2020–Central Tax

Corrigendum to Notification No. 82/2020–Central Tax/G.S.R. 711(E) (13/11/2020)

CBIC issues CORRIGENDUM to Notification No. 82/2020–Central Tax [G.S.R. 698(E)] which relates to New rules for Inward/Outward Supplies, GST Returns & New form GSTR 2B. Vide CORRIGENDUM CBIC has corrected the wrong reference to notification No. 72/2020-Central Tax, dated the 30th September, 2020 instead of nnotification No. 79/2020-C...

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Auto-population of e-invoice details into GSTR-1

NA (13/11/2020)

1. Certain notified taxpayers have to prepare and issue their invoices by obtaining Invoice Reference Number (IRN) from Invoice Registration Portal (IRP) (commonly referred as ‘e-invoices’). 2. Upon successful generation of IRN, details of such e-invoices will be auto-populated in respective tables of GSTR-1. The details of e-invoices...

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Due dates to file Form GSTR-3B – October 2020 to March 2021

Due dates for filing of Form GSTR-3B for the Tax Periods from October, 2020 till March, 2021 1. Government of India, Ministry of Finance (Department of Revenue), CBIC, vide Notification No. 82/2020 – Central Tax, dated 28th October, 2020 , has added sub rule (6) to Rule 61 of the Central Goods and Services Tax Rules, […]...

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Quarterly Return Monthly Payment (QRMP ) Scheme under GST

1. Quarterly Return Monthly Payment Scheme (QRMP) is a scheme notified by the Government allowing a registered person having aggregate turnover up to five (5) crore rupees to furnish return on a quarterly basis along with monthly payment of tax. CBIC vide circular no. 20/01/08/2020- GST dated 10 November 2020 clarified various issues rela...

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Introduction of quarterly returns & CGST Amendment Rules

The Central Board of Indirect Taxes and Customs (CBIC) has issued several Notifications on 10th November, 2020 for the below matters: 1. Introduction of Thirteenth amendment (2020) to the CGST Rules, 2017 for notification of due dates for returns 2. Granting extension of the due date for Form GST ITC 04 and notification of due […]...

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GST updates and Compliances – November 2020

1. GST PORTAL UPDATES 1.1. Taxpayers can now see aggregate turnover of preceding financial year on GSTN portal Now Annual aggregate turnover of preceding financial year can be checked from the GSTN portal. The Goods and Service Tax Network (GSTN), recently launched many new features on the GSTN portal. One of its features is that [&hellip...

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DGGI, Mumbai, arrests 2 persons in fictitious ITC case

Release ID: 1672299 (12/11/2020)

Mumbai Zonal Unit of the Directorate General of GST Intelligence, CBIC has arrested Mr. Sunil Ratnakar Gutte, Director of M/s. Sunil Hitech Engineering Ltd., on charges of having fraudulently availed, utilized, as well as passed on fictitious Input Tax Credit, today, 12th November 2020....

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Firm busted for availing benefit from bogus invoices of around Rs 685 crore

Release ID: 1672143 (12/11/2020)

On the basis of specific intelligence as well as further data mining/analysis on GSTN and E way bill portals, the officers of CGST Delhi South Commissionerate, have busted a syndicate of firms involved in availing invoices/E-way bills issued on the GSTIN of fake/dummy firms and getting Refund of IGST on the strength of such fake Invoices....

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GST: Non-Registration of Consignor can’t be ground for detention

Mohammed Shereef Vs State of Kerala (Kerala HIgh Court)

The issue under consideration is whether non-registration of the consignor or the alleged mis-classification of the goods under transportation can be a ground for detention under Section 129 of the GST Act?...

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Goods & Vehicle cannot be ordered to release as confiscation proceedings is pending: HC

Rajesh Kiran D Vs. Joint Commissioner of State Tax (Gujarat High Court)

Rajesh Kiran D Vs. Joint Commissioner Of State Tax (Gujarat High Court) The matter, as on date, is at the stage of Form GST MOV-10. Thus, the writ applicant has been called upon to show-cause as to why the goods and the vehicle should not be confiscated under Section 130 of the Act. The writ […]...

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DGGI Mumbai arrests 4 for passing on & availing fictitious ITC

Release ID: 1672040 (11/11/2020)

Four persons have been arrested by the Mumbai Zonal Unit of Directorate General of GST Intelligence (DGGI-MZU), under CBIC, on Tuesday (November 10, 2020)....

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Auto-populated Form GSTR 3B (PDF) from October 2020 onwards

GSTN Advisory (11/11/2020)

Auto-populated Form GSTR 3B (PDF) for the taxpayers, from the month of October 2020 onwards 1. GSTN has earlier introduced Form GSTR-2B, a static statement with details of ITC available for a tax period, for the benefit of taxpayers. GSTR-2B is an auto-drafted Input Tax Credit (ITC) statement generated for every recipient, on the basis [&...

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“Lock Stock and Barrel – of Debit & Credit Notes with Tax Invoices under GST -Parable of Not a Penny More and Not a Penny Less”

In this article, an attempt has been made to correlate two popular maxims - lock stock and barrel meaning entirely, from top to bottom with that of Not A Penny More and Not A Penny Less in the context of Debit and Credit Notes with Tax Invoices under the provisions of GST Act, 2017...

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GIST of GST notifications issued on 10.11.2020

CBIC has issued various notifications yesterday i.e on 10th Nov, 2020 amending various rules in respect of return filing. A summary of the same is as below: ♦ Notification No. 82/2020 – Central Tax Central Goods and Services Tax (Thirteenth Amendment) Rules, 2020 have been notified. Highlights of the same are: e.f. 01.01.2021, an opti...

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GST Form-2B – Auto-drafted ITC

CBIC has inserted new FORM-2B – Auto-drafted ITC Statement- under  60(7) vide Notification No. 82/2020–Central Tax dated 10th November, 2020. Please find bellow the format of New Form-2B Auto-drafted ITC Statement, Advisory and Instruction for filing of the same. 1. Terms Used :- a. ITC – Input tax credit b. B2B – Business to...

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Pivotal Infrastructure guilty of not passing ITC benefit to Flat Buyers: NAA

Ajay Kumar Vs Pivotal Infrastructure Pvt. Ltd. (NAA)

Ajay Kumar Vs Pivotal Infrastructure Pvt. Ltd. (NAA) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the extent of 2.67% of the turnover during the period from July 2017 to December 2018 and hence the provisions of Section 171 of the CGST Act, […]...

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Section 171(3A) Penalty for profiteering not retrospective: NAA

Vivek Gupta Vs Gurukripa Developers & Infrastructures Pvt. Ltd. (National Anti-Profiteering Authority)

Vivek Gupta Vs Gurukripa Developers & Infrastructures Pvt. Ltd. (National Anti-Profiteering Authority) Since, no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 31.08.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on ...

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NAA directs reinvestigation as it found profiteered amount computed as incorrect

Rahul Sharma Vs Mataji Paints and Hardware (NAA)

Rahul Sharma Vs Mataji Paints and Hardware (NAA) Facts of the Case: The brief facts of the case are that an un­dated application was filed before the Standing Committee on Anti-profiteering, under Rule 128 of the Central Goods and Services Tax (CGST) Rules, 2017 by the Applicant No. 1 alleging profiteering by the Respondent. The [&hellip...

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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.

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