Goods and Services Tax - Page 4

Time of Supply under Goods and Service Tax (GST) Regime

The chapter IV of the CGST Act determines the time of supply of goods or supply of services. Tax Liability arises from the date of time of supply. Time of Supply determines the point of time: 1. the time when the liability to pay tax arises; 2. the rate of tax applicable with reference to […]...

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Extraction & Transportation of Timber/Bamboo from forests falls under Heading 9997

In re Mallelli Venkateswara Rao (GST AAR Andhra Pradesh)

In re Mallelli Venkateswara Rao (GST AAR Andhra Pradesh) What is a support service in relation to the above had been defined by means of an explanation to the same entry. And the explanation had employed the word ‘mean’ which is restrictive in nature. Thus what is given in explanation shall only mean as support […]...

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HC should not have entertained writ challenging Goods Seized under GST: SC

State of Uttar Pradesh and Ors. Vs Kay Pan Fragrance Pvt. Ltd. (Supreme Court of India)

State of Uttar Pradesh and Ors. Vs Kay Pan Fragrance Pvt. Ltd. (Supreme Court of India) In the first place, we find force in the submission canvassed by the State that a complete mechanism is predicated in the Act and the Rules for release and disposal of the seized goods and for which reason, the […]...

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Accept C ‘Form’ even if Assessment orders already been passed by AO

Vyplavi Granites Vs CTO (Andhra Pradesh High Court)

It is a fit case where the relief sought for by the petitioner can be granted to the extent of directing the authority to reopen assessment filed by the petitioner through letter, dated 2.5.2017 and deal with the acceptance of the documents, more particularly, 'C' form and 'II' form declarations and then pass orders in accordance with law...

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Job work procedure under GST

The article focuses on the procedure to be followed by principal when goods sent for treatment or processes such as cutting, assembly, packing, coating the goods which would be required to be done before selling finished goods by principal to the customer, The paper writer has also covered the maintenance of records, ITC-04, compliance w....

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Blocking of E way Bill w.e.f. 01-12-2019

1. As per Rule 138E, non furnishing of CMP-08 for 2 consecutive quarters shall result in blocking of E way bill for Composition Dealers. CMP-08 for April to June 2019 was required to be filed till 31-08-2019 (N/N 35/2019-CT dated 29-7-2019) and CMP-08 for July to Sep 2019 is required to be filed till 22nd […]...

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E-Invoicing As Per GST & Few Important Aspects

The Proposed E-invoicing System has been approved by 37th GST Council meeting held on 20-09-2019. The E Invoicing system will be operationalized in a phase manner from 01st January 2020. Entities to whom it will applicable: Sl no Turnover Optional from Mandatory From 1  More Than Rs 500.00 Crores 01st January 2020 01st April 2020 [&helli...

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No profiteering if No reduction in Tax Rate post-GST period and in absence of additional ITC benefit

Sanjay Devan Vs Vatika Ltd. (National Anti-Profiteering Appellate Authority)

Sanjay Devan Vs Vatika Ltd. (National Anti-Profiteering Appellate Authority) The only issue to be examined is as to whether there was any net benefit of ITC with the introduction of GST. On this issue, the DGAP in his Report, has stated that ITC as a percentage of the turnover which was available to the Respondent […]...

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Builder Guilty of Profiteering as not passed ITC benefit to Flat Buyers

Sh. Kavi Mahajan Vs M/s Heeranandani Realtors Pvt. Ltd (National Anti-Profiteering Authority)

Sh. Kavi Mahajan Vs M/s Heeranandani Realtors Pvt. Ltd (National Anti-Profiteering Authority) Respondent has benefited from the additional ITC to the extent of 10.66% of the turnover during the period from July, 2017 to August, 2918 and hence the provisions of Section 171 of the CGST Act, 2017 have been contravened by the Respondent as [&...

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Builder guilty of profiteering as not passed additional ITC benefit to buyers

Sh. Rohit Singh Vs M/s Friends Land Developers (National Anti-Profiteering Authority)

Sh. Rohit Singh Vs Friends Land Developers (National Anti-Profiteering Authority) During the pre-GST period the Respondent has availed CENVAT credit on the Service Tax during the pre-GST period from April. 2016 to June. 2017 amounting to Rs 52,11,867/-, collected an amount of Rs. 12,31,99.617/- from his customers as turnover, has sold an ...

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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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