Goods and Services Tax - Page 2

New releases on GST Portal as on 06.11.2018

A) GST Assessment and Adjudication (i) Provisional GST Assessment a. Assessment & Adjudication; Form GST ASMT- 01, 03 & 05- Application for Provisional Assessment 1. An application for Provisional Assessment in Form GST- ASMT-01 to the jurisdictional officer can be filed online, by those taxpayers on GST portal, who are not able t...

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Posted Under: Income Tax |

Advisory to UIN Entities claiming GST Refunds

FORM GSTR-11 under Rule 82 of the CGST Rules, 2017 mandates reporting “Place of Supply” for every invoice on which refund is applied for. Many UIN entities while filling invoice data have been reporting their place of supply as the State where they are registered instead of the place of supply as reflected in the invoice....

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Posted Under: Income Tax |

Retrospective amendment in the definition of ‘supply’: A wolf in sheep’s clothing?

GST was introduced with an idea of unification of various indirect taxes focussing only to levy GST on ‘SUPPLY’ of goods or services. Where certain activities or transactions, constitute a supply as per Section 7(1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II...

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Posted Under: Income Tax |

Inspection, Search, Seizure and Arrest under Goods & Services Tax

Central Goods and Service Tax authorities who are entrusted with the task of implementation of the GST law enjoy wide and sweeping powers in respect of inspection, search seizure and arrest....

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Posted Under: Income Tax |

Does GSTR-9 Annual Return will Transmit Final Rectified Data

Annual return GSTR-9 is much awaited amongst all the suppliers in GST regime due to the belief that all the errors or omission committed during the financial year can be rectified in the annual return i.e. GSTR-9. ...

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Posted Under: Income Tax | ,

Mistake in filing Form TRAN 1: HC allows Writ filing if GST Grievance Redressal Committee do not act on representation of taxpayer

M/s. Euro Pratik LE Vs. Union of India (Bombay High Court)

Euro Pratik LE vs UOI (Bombay High Court ) Case Summary The Petitioner is a wholesaler, importer and distributor of decorative sheets, which are used for furniture manufacturing. The petitioner was not registered under central laws in Pre-GST regime. As per section 140(3) of the Central Goods and Service Tax Act, 2017 (‘CGST Act’) r.w...

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GST शास्त्र : Construction sector and section 17 of CGST Act, 2017

A. Introduction to section 17 of CGST Act, 2017 Section 17 of CGST Act, 2017 restricts the availment of Input Tax Credit (ITC) to the extent it is attributable to the purpose of business and to the extent of effecting taxable supplies. Rule 42 and 43 of CGST Rules, 2017 specifies the mechanism of such […]...

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Posted Under: Income Tax |

No let-up in sanction of GST Refunds

There are concerns being raised about growing pendency of GST Refunds. Exporters are reassured that there is no le-tup in the sanction of GST refunds. The disposal rate is consistently improving month-on-month. As on 31st October, 2018, total GST refunds to the tune of Rs 82,775 crore have been disposed by Central Board of Indirect [&hell...

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Posted Under: Income Tax |

GST Updates for the Month of October 2018

CIRCULARS 1. Notifications Issued under CGST Act, 2017 Regarding Refund to UIN Entities are Applicable To GST (Compensation To States) Act, 2017 Section 55 of CGST Act, 2017 prescribes for refund of taxes paid by specified International Organizations, Foreign Diplomatic Missions or Consular Posts etc on notified supply of goods or service...

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Posted Under: Income Tax |

Classification of Hybrid Amplifier for MVAT: Under Accessory of Cable T.V. or general electronic item?

The Commissioner of Sales Tax Vs M/s Khush Bhakht Electronic Engineers Pvt.Ltd. (Bombay High Court)

The Commissioner of Sales Tax Vs M/s Khush Bhakht Electronic Engineers Pvt.Ltd. (Bombay High Court) Whether on the facts and circumstances of the case and on a true and correct interpretation of schedule entries C-II-124 and C-II-126, appended to the Bombay Sales Tax Act 1959, the Tribunal was legally justified in holding the impugned pro...

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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.

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