Goods and Services Tax articles

GST Law & Article 286 of the Constitution

a) Insertion of new article 246A which makes enabling provisions for the Union and States with respect to the GST legislation. It further specifies that Parliament has exclusive power to make laws with respect to GST on inter-State supplies....

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Import of service against Export of service under GST

Where an exporter of services located in India is supplying certain services to a recipient located outside India, either wholly or partly through any other supplier of services located outside India, the following two supplies are taking place:- 1. Supply of services from the exporter of services located in India to the recipient of serv...

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GST Input Tax Credit in respect of Work Contract Service Relates to Earth Work

Now a question come whether ITC credit available in respect of such earthing work like earth excavation, filing land, piling, flatting surface, piping, cutting tree, Concrete works, Reinforcement Steel, Shuttering, Aggregate from Crusher, Brick Work, Random Rubble Masonry, Dismantling of Brick, RCC 86 Anti Termite Treatment, Blasting stud...

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Components of Levy of GST

Provisions of GST Acts, which provide for levy and collection of tax, provide that tax shall be levied on supply of goods or services or both. In my personal opinion, expression supply of goods or services or both used in Article 366(12A) of the Constitution refers to completed supply of goods or services or both and expression supply of ...

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GSTR-3B is not a “Return” : Gujarat High Court

On 24th June 2019 the Hon’ble Gujarat High Court has given a landmark ruling in the case of AAP & Company, Chartered Accountants v/s Union of India that the FORM GSTR-3B is not a 'Return', rather Return specified for Section 39 in FORM GSTR-3 is a 'Return'....

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Body Building of Buses Whether Supply of Goods or Services

Whether the activity of building and mounting of the body on the chassis by the applicant will result in supply of goods under HSN 8707 or supply of services under SAC 9988? The above question is related to Section 97 (2) (a) of CGST Act,2017 as it is with regard to Classification & hence permitted under the said act....

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GST Implications on inter-unit service cost cross charges

GST implementation in India piloted various new concepts of indirect taxation. The cause for the levy of indirect taxes shifted from the concept of manufacturing, service and sales to the concept of ‘supply’. The indirect tax system itself transitioned from an origin-based taxation to a largely destination / consumption-based taxation...

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GST on educational service provided by IIM

Indian institution of Management Act, 2018 which came into force from 31.01.2018 states  that IIM’s listed in the schedule of the said Act shall be consider the ‘institute of national Importance’. Thus the same has been defined as educational institute under notification no.12/2017 –CT (R) dated 28.06.2017 as they provide...

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GST on sprinklers irrigation system

Initially w.e.f. 01.07.2018 mechanical appliances (whether or not home operated) for projecting, dispersing or spraying the liquid or powder spray guns and similar appliances stem or sand blasting machines and similar jet projecting machines (other than fire extinguishers, whether or not charged), vide HSN 8424 were placed under 18% slab....

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GST Audit Questionnaire for review of internal control & walk through

GST AUDIT QUESTIONNARE FOR REVIEW OF INTERNAL CONTROL SYSTEM AND WALK THROUGH. PURCHASES – INWARD SUPPLIES 1. Whether all purchases are centralised or de-centralised. If all purchases are authorised by few key persons like owner or Managing Director etc, it may require in-depth study of purchases. 2. Whether all the purchases are made o...

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