CA Chitresh Gupta

Eligibility of Recipient to Claim ITC in case of Mis-Classification by Supplier

Goods and Services Tax - The right to claim ITC on goods and/or services received by the Recipient is never disputed both in GST law and erstwhile VAT regimes. However, what should be the correct amount of ITC which can be claimed by the recipient has been a matter of legal debate in both GST law and erstwhile Indirect Taxation regime....

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Interest on Delayed Payment of Tax – on Gross or Net Tax Liability – Bone of Contention Remains

Goods and Services Tax - Interest on Delayed Payment of Tax – on Gross or Net Tax Liability – Bone of Contention Remains There has been a big controversy that whether interest on delayed payment of tax has to be paid on gross tax liability or net tax liability paid through electronic cash ledger after adjustment of input tax credit? […]...

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GST Actionable for September 2020

Goods and Services Tax - September 2020 marks an important month for completion of major compliances under Goods & Services Tax. We present below the list of activities which should be executed by the registered person in September 2020. 1. Amendment in GSTR-1 for FY 2019-20 As per first proviso to Section 37(3) of the CGST Act, 2017, no rectification [&helli...

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Disclosure of Ineligible ITC & ITC Reversal in GSTR-3B – Time to change the Practice

Goods and Services Tax - GSTR-3B is a summary return which came into existence since GSTR-2 and GSTR-3 never saw the light of the day due to the technical glitches in functioning of Matching System as stated in Sec 42 and Sec 43 of the CGST Act, 2017.  Recently, Rule 61(5) of CGST Rules have been amended vide Notification No. […]...

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Relaxations in Filing of GSTR-1 and GSTR-3B

Goods and Services Tax - Relaxations in due date of Filing of GSTR-1 and GSTR-3B-Article also discusses Conditional Date for Waiver of Late Fee and interest payable beyond Waiver Date. Relaxation are based on following recent GST Notifications and Circulars- Waiver of late fee for delay in filing GSTR-1- March to June 2020 | Notification No. 53/2020-Central Tax/G...

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Recent Posts in "CA Chitresh Gupta"

Eligibility of Recipient to Claim ITC in case of Mis-Classification by Supplier

The right to claim ITC on goods and/or services received by the Recipient is never disputed both in GST law and erstwhile VAT regimes. However, what should be the correct amount of ITC which can be claimed by the recipient has been a matter of legal debate in both GST law and erstwhile Indirect Taxation regime....

Read More

Interest on Delayed Payment of Tax – on Gross or Net Tax Liability – Bone of Contention Remains

Interest on Delayed Payment of Tax – on Gross or Net Tax Liability – Bone of Contention Remains There has been a big controversy that whether interest on delayed payment of tax has to be paid on gross tax liability or net tax liability paid through electronic cash ledger after adjustment of input tax credit? […]...

Read More

GST Actionable for September 2020

September 2020 marks an important month for completion of major compliances under Goods & Services Tax. We present below the list of activities which should be executed by the registered person in September 2020. 1. Amendment in GSTR-1 for FY 2019-20 As per first proviso to Section 37(3) of the CGST Act, 2017, no rectification [&helli...

Read More

Disclosure of Ineligible ITC & ITC Reversal in GSTR-3B – Time to change the Practice

GSTR-3B is a summary return which came into existence since GSTR-2 and GSTR-3 never saw the light of the day due to the technical glitches in functioning of Matching System as stated in Sec 42 and Sec 43 of the CGST Act, 2017.  Recently, Rule 61(5) of CGST Rules have been amended vide Notification No. […]...

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Relaxations in Filing of GSTR-1 and GSTR-3B

Relaxations in due date of Filing of GSTR-1 and GSTR-3B-Article also discusses Conditional Date for Waiver of Late Fee and interest payable beyond Waiver Date. Relaxation are based on following recent GST Notifications and Circulars- Waiver of late fee for delay in filing GSTR-1- March to June 2020 | Notification No. 53/2020-Central Tax/G...

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Applicability of RCM on Director Remuneration -Version 3

There has been a big controversy regarding the liability of GST on Directors Remuneration under Reverse Charge. Various conflicting Advance Rulings has been issued by Authority for Advance....

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Eligibility of ITC on COVID 19 related Expenses – Potential Bone of Contention Between Assessee& Department

Whether the expenses related to the preventive measures eligible for ITC? The above regulations require business to shell out money on various items like Sanitizers, Masks, Social distancing apps, Medical insurance of workers, Buses for transportation, disinfection of office spaces etc....

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Applicability of RCM on Director Remuneration- Version 2

Introduction As per Serial No. 6 of Notification No. 13/2017-Central Tax (Rate) dated 28.06.2017, services supplied by a Director of a company or a body corporate to the said company or the body corporate is liable to tax under reverse charge. Thus, the company or a body corporate located in the taxable territory, being recipient [&hellip...

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16 Changes in GST vide Finance Bill 2020- Clause- wise Analysis

Hon’ble FM Shrimati Nirmala Sitharaman has presented Budget 2020-21 on 1st February, 2020 and has carried out several changes in Goods & Services Tax which includes Amendment in Definition of Union Territory, Amendment of Conditions for Opting Composition Scheme, Amendment in Time Limit for Availing ITC in respect of Debit Notes, Am...

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Analysis of Changes in GST Invoicing System effective from 1st April, 2020

The Invoicing System is GST is destined for major overhaul in the coming financial year. This includes E-Invoicing, Inclusion of Quick Response Code and Facility of Digital payments to recipients. It is important for organizations to understand the same as all of the above would not only require customization in their accounting/ ERP soft...

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Menace of Rule 138E of CGST & E-way Bill Website – Blocking of E-way Bill

The CBIC has inserted Rule 138E in the CGST Rules which restricts generation of E-way bill by the taxpayer if the returns for a consecutive period of two months has not been furnished. Similarly, in case of composition taxpayers have not furnished the statement in FORM GST CMP-08 for two consecutive quarters. This rule has […]...

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Analysis of CBIC Notifications issued in respect of Jammu & Kashmir

Analysis of CBIC Notifications issued in respect of Jammu & Kashmir detailing the Migration Plan from Erstwhile State of J & K to UTs of J & K and Ladakh As per Jammu and Kashmir Reorganisation Act, 2019, the State of J & K has been divided between Union Territories, namely, UT of J & […]...

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Analysis of CBIC Circular clarifying restriction in availment of ITC

Analysis of CBIC Circular no 123/42/2019-GST issued to clarify the restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of CGST Rules, 2017 CBIC has issued Circular No. 123/42/2019-GST dated 11th November 2019 in order to clarify the restriction in availment of input tax credit in terms of sub-rule […]...

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Analysis of GST Circulars issued on 11th October, 2019

Analysis of 9 GST Circulars issued by CBIC on 11th October, 2019 CBIC has issued nine circulars which have great implications on the organization as a whole. Kindly find our analysis of the various Circulars; 1. Summary of Circulars: S No Issue Date Circular No. Subject 1 11/10/2019 Circular No. 113/32/2019-GST Clarification regarding GST...

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Analysis of Various GST Notifications issued on 9th October 2019

CBIC has issued Notification No. 44/2019-Central Tax to  Notification No. 49/2019-Central Tax on 9th October 2019 under CGST Act, 2017 Read with CGST Rules, 2017 which have great implications on the organization as a whole. Kindly find our analysis of the various Notifications; 1. Summary of GST Notifications dated 09th October 2019 Sr. ...

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Post Supply Discount- A Dilemma for Corporates

Post Supply Discounts, generally refers to discounts which are allowed subsequent to the supply of goods/services. Post Supply discounts are invariably offered to incentivize/boost sales and are commonly quantified based on quantity or turnover achieved for prescribed period. Such discounts are a part and parcel of any distribution busine...

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Allowability of Input Tax Credit on Building Repairs

The allowability of ITC of GST paid on building repairs is a matter of confusion among the various professionals and prone to litigation. The building repairs may involve the following among other things: Purchase of building materials, such as cement, concrete, bricks, cement or marble or stone slabs or tiles, paint, polish and any other...

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All About Job Work Under GST Regime

Movement of goods to job workers is an essential business situation which occurs frequently. Many times a manufacturer send goods to a job worker for getting further work done on them, and receive the goods back from job worker or sell the goods directly from the place of job worker....

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Demystifying supply as per revised model gst law

Article 366(12A) of the Constitutional (101st Amendment) Act, 2016 defines the Goods and Services tax (GST) as "a tax on supply of goods or services or both, except supply of alcoholic liquor for human consumption". The term 'supply' is, however, not defined in the Constitution....

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Input Tax Credit Under Revised Model GST Law 2016

In present indirect taxation system, cascading of tax is significant due to non-availability of ITC at various stages. Following are certain instances of such cascading of taxes...

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Amendments In Excise & Cenvat Credit Rules,2004: Budget 2016

E1: INCREASE IN CLEAN ENERGY CESS [NOTIFICATION NO 1& 2/2016 DATED 29TH FEB,2016]- APPLICABLE FROM 1ST MARCH 2016 The Clean Energy Cess is being renamed as Clean Environment Cess. Also, the Tenth Schedule to the Finance Act, 2010 dealing with Clean Energy Cess is being amended so as to increase the Scheduled rate of Clean […]...

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Taxes to Be Subsumed In GST

GST is commonly described as indirect, comprehensive, broad based consumption Tax. The Dual GST which would be implemented in India will subsume many consumption taxes. The objective is to remove the multiplicity of tax levies thereby reducing the complexity and remove the effect of Tax Cascading. The objective is to subsume all those tax...

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Comparison of GST Bill 2014 and Recommendations of Select Committee of Rajya Sabha, 2015

The Constitution (122nd Amendment) Bill, 2014 was introduced in Lok Sabha on December 19, 2014 and was passed by it on May 6, 2015. The Bill was referred to a Select Committee of Rajya Sabha for examination which submitted its Report on July 22, 2015. The Report contained various recommendations along with three Notes of Dissent submitted...

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GST Rates – An Unresolved Issue- GST Knowledge Series-3

One of the crucial issue for successful implementation of GST relates to the determination of the GST rate. Since the GST is primarily intended as an exercise in reforming the consumption tax in India and not an exercise for additional resource mobilisation through discretionary changes, the CGST and SGST rates should be such rates which ...

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Goods & Service Tax – Key Features- GST Knowledge Series-2

Goods & Service Tax – Key Features In continuance of our earlier series titled GST Knowledge Series# 1, Understanding the Mechanics of Goods & Service Tax, we have discussed the basic DNA of Goods & Service Tax popularly known as GST. These features as applicable to India were: DUAL GOODS AND SERVICE TAX APPLICABILITY OF [&h...

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Understanding the Mechanics of Goods & Service Tax – GST Knowledge Series-1

The Goods and Services Tax (GST) is a comprehensive value added tax (VAT) on the supply of goods or services. It is levied and collected on value addition at each stage on sale or purchase of goods or supply of services based on input tax credit method but without state boundaries. ...

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Analysis of Service tax rate increase from 12.36% to 14%

Analysis of Service tax rate increase from 12.36% to 14% (Subsuming EC and SHEC) effective from 01.06.2015 After the Hon’ble President has given assent to the Finance Bill, 2015 on May 14, 2015, the Ministry of Finance, Department of Revenue vide Notification No. 14/2015-ST dated May 19, 2015 has notified increase in the rate of [&helli...

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Service Tax changes applicable with Finance Bill 2015 enactment

INANCE BILL 2015 RECEIVED PRESIDENT ASSENT Finance Bill, 2015 has got President Assent on 14th May, 2015 and has become Finance Act, 2015. As you know, Finance Bill 2015 has proposed lot of changes in Service tax provisions, applicable with effect from various dates. Now with the enactment of Finance Bill, 2015, following changes have [&h...

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Service Tax Amendments Applicable w.e.f. 01st April 2015

The Finance Bill, 2015 has proposed Lot of changes in Service tax provisions. These changes will be coming into effect on various dates. Based on date of applicability of provisions, the various changes can be categorized as follows: (i) Changes coming into effect immediately w.e.f. the 1st day of March, 2015; (ii) Changes coming into [&h...

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Union Budget 2015 Analysis of Major Direct tax proposals

Rates of Income Tax- No change in the basic exemption limit and the tax rates for individuals. Corporate tax rates proposed to be reduced from 30% to 25% over the next four years, starting from next financial year. For FY 2015-16, it is 30% same as last year. Additional surcharge @ 2% being levied on income exceeding Rs. 1 crore. This...

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Budget 2015- Detailed analysis of major Amendments in Service Tax

A. CHANGES APPLICABLE WEF 1ST MARCH 2015 1. Services provided to Exporter by Agent Located outside India-Exemption on the services provided by Commission Agent located outside India to an exporter located in India through Notification 42/2012 dated 29/06/2012 is being rescinded. This exemption has become redundant on account of amendments...

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