Goods and Services Tax - Page 3

GSTR 9/9C (Annual Return) for FY 2019-20 – Changes

Applicability of Form GSTR-9: For FY 2019-20, those registered persons whose aggregate turnover in a financial year does not exceed Two Crore rupees and who have not furnished the annual return shall have the option to furnish the annual return. Provided that the said return shall be deemed to be furnished on the due date […]...

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GST consequence for failure to serve notice period

A recent advance ruling from Gujarat Authority under the Goods and Services Tax Law has stunned the employees leaving service without completing their full notice period. According to Gujarat Authority of Advance Ruling in the matter of M/s Amneal Pharmaceuticals Pvt. Ltd. [Advance Ruling No. GUJ/GAAR/R/51/2020, dated July 30, 2020] , t...

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How to Generate E Invoice under GST

The Central Board of Indirect Taxes and Customs (CBIC) on Tuesday notified that GST e-invoicing will be mandatory for any firm whose turnover exceeds Rs 100 crore from January 1, 2021. The limit set earlier was a turnover of Rs 500 crore....

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Intermediary services, post GST still an enigma

In October 2014, the service tax law was amended to widen the tax base by including agents/ brokers engaged in facilitating sale of goods between two persons. The POS of an intermediary was amended in POS Provisions to introduce a deeming fiction to treat the location of the intermediary in India as the POS, by denying the real time desti...

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Valuation as per Rule 28 applies only where value for GST is not ascertainable

The Hon’ble AAR Tamil Nadu in the matter of M/s Thirumalai Chemicals Ltd. [Order No. 41/AAR/2020 dated December 18, 2020] has held that in case of valuation of supply between distinct persons, any of the following three methods can be adopted as per Rule 28 of the CGST Rules, 2017 (“CGST Rules”): Open Market Value […]...

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Bombay HC stayed provisional attachment of bank accounts noting assessee’s cooperation

The Hon’ble Bombay High Court in AJE India Private Limited v. Union of India and Ors. [Writ Petition (ST.) No. 97165 of 2020 decided on December 22, 2020] has stayed the order wherein assessee’s bank accounts were provisionally attached for recovering alleged tax dues, and held that, merely because there is a proceeding under Section ...

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‘Address of delivery’ & ‘Address on record’ under GST

In this article I am taking two inter related definitions for discussion. Central Goods and Services Tax Act, 2017 specifically defines ‘address of delivery’ and ‘address on record’ under sub-section (2) & (3), respectively, of section 2. It is worth to mention that none of the said term was defined in the Central Excise Act, 1944...

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Webinar on Career Growth in GST related Litigation Management

Webinar on Career Growth in Litigation Management & GST (Indirect Taxes) – Best Practices In today’s era we all are looking forward to maximize our returns, may be in the form of fees from our clients or in form of Salary & Perks from our organization. In this tech-savvy world also, the maxim still holds […]...

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Gujarat HC grants regular bail to assessee arrested for offences punishable under Section 132(1)(a) of CGST Act

The Hon’ble Gujarat High Court, in Idrish Yusufbhai Malvasi v. State of Gujarat and Ors. [R/Criminal Misc. Application No. 18320 of 2020 decided on December 10, 2020] grants regular bail to the Managing Director of M/s. Mishkat Agro Industries Pvt. Ltd., who was arrested mainly on the allegations of wrongfully availing tax exemption by ...

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GST: Stop mechanical & Casual bank account attachment: HC

Vinodkumar Murlidhar Chechani Proprietor of M/S Chechani Trading Co. Vs State of Gujarat & 1 Other (Gujarat High Court)

We have noticed over a period of time that in each and every matter in which proceedings under Section 67 of the Act are initiated, an order of provisional attachment of the bank accounts under Section 83 of the Act would follow....

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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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