Goods and Services Tax - Page 3

GST Rule 90(3) treating Rectified Refund Application as fresh, challenged

Insitel Services Pvt. Ltd. Vs Union of India & Ors (Delhi High Court)

A refund application under Section 54 of the CGST Act read with Rule 89 and Rule 90(3) of the CGST Rules is automatically treated as rejected and the second refund application is treated as a fresh application and the interest amount is calculated only from the date of the second refund application or subsequent applications which are fil...

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GST paid under Reverse charge is eligible for certification

File No. REV03-14023/3/2018-AC - ENFT - CCT (27/08/2020)

Andhra Pradesh: Clarification on whether the eligibility of tax paid under Reverse charge, under GST is eligible for certification of payment of Tax for the purpose of reimbursement under Industrial Investment Promotion Policy, 2015-20....

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Power of States for Levy and Collection of GST

In my personal opinion, provisions as recommended by the Goods and Services Tax Council of India (hereinafter referred to as the GST Council) for levy and collection of goods and services tax (hereinafter referred to as the GST) by the States are not in conformity with the relevant provisions of the Constitution of India (hereinafter [&he...

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Tax Deduction at Source under GST- An Additional Nuisance

Under indirect tax laws, concept of tax deduction could be traced in erstwhile State level VAT enactments also. Now, post GST implementation, the concept has also been made applicable effective from October 01, 2018 which is in addition to obligation of deduction of tax at source under direct tax laws....

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Whether Refund of Excess Payment of GST is Admissible where GST Collected & Paid at Higher Rate

CGST and IGST acts provides that every registered person is liable to pay tax on all intra state and inter state supplies of good and services and he shall accordingly collect and pay tax on such supplies as per provisions of act and rules, at notified rates. Sometimes, due to confusion, ambiguity regarding correct rate of tax applicable ...

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Penalty of twice the tax amount for mere delay in Entry Tax payment was unjustified

National Asphalt Products and Construction Company Vs State of Tamil Nadu (Madras High Court)

National Asphalt Products and Construction Company Vs State of Tamil Nadu (Madras High Court) The issue under consideration is whether sales tax officer is justified in levying penalty at twice the amount of entry tax? High Court states that, under the Act penalty may be imposed for failure to register as a dealer Section 9(1) […]...

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Bogus Billing & Fake E-Way Bills: HC sustains Provisional Bank Account attachment Order

JSK Sons Vs State of Gujarat (Gujarat High Court)

The issue under consideration is whether the order for provincial attachment of bank accounts against bogus billing and fake generation of E-­Way bills without the actual physical movement of goods is justified in law?...

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Whether Recovery of Expenses by Employers chargeable to GST – Divergent Advance Rulings

The Hon’ble AAR, Maharashtra in Re: Tata Motors Limited [GST-ARA-23/2019-20/B-46 dated August 25, 2020] held that w.e.f. February 1, 2019 input tax credit (“ITC”) shall be available to employer (Tata Motors) on GST charged by service provider on hiring of bus/motor vehicle having seating capacity of more than 13 persons for transpo...

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Videos on Goods Transport Agency services under GST

Multiple videos by CA Bimal Jain on ‘Goods Transport Agency (GTA)’ services under the GST law and its various nuances 1. Who will Pay GST on Goods Transport Agency (GTA) under RCM 2. When GTA need to take registration and What GST rates can be opted by GTA 3. GST Compliances on GTA Services under […]...

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Recent Updates in GST till 24th September 2020

E-invoicing is going to commence from 1st October, 2020 but now various industry bodies including MNC’s have sought its deferment at least till January, 2021 for want of proper preparedness , i.e. to develop requisites technical capabilities and festive season ahead....

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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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September 2020