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goods and services tax

Interest Calculator introduced in Form GSTR 3B

Goods and Services Tax - Facility for auto-computation of Interest for GSTR 3B: 1. Introduction – As a facilitation measure for taxpayers and for assisting the taxpayers in doing a correct self-assessment, a new functionality of interest calculator is being released in GSTR-3B. This functionality shall assist the taxpayers to arrive at the system computed i...

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Valuation of ‘Free of Cost’ Supplies under GST

Goods and Services Tax - We Know that the value of a taxable supply is the taxable base on which the rate is applied. It is important to understand and calculate the value of supply for ascertaining GST liability. GST will be applicable in the value of the goods and services supplied. The valuation process of supply under GST is […]...

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Educational expenses- Contradictory Advance Rulings of AAR Rajasthan

Goods and Services Tax - Symmetric Infrastructure Pvt. Ltd – AAR Rajasthan- Coaching services to students, along with supply of goods/printed material/test papers, uniform, bags and other goods, which are not charged separately but a consolidated amount is charged, have been treated as a 'Composite Supply'....

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GST Rate Structure for Real Estate Sector

Goods and Services Tax - Real estate sector is one of the major economic sector for any country, especially India where this sector is getting the attention in the recent years. In this article we are going to discuss about GST implication in Real estate sector more predominantly real estate residential housing sector. Following are some of the activities which [...

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Changes in CGST Act effective w.e.f 1st January 2022

Goods and Services Tax - Changes in CGST Act effective w.e.f 1st January 2022 (Notification No. 39/2021-Central tax dated 21st December 2021) GST on supply by any Club or Association to its Members ♦ In the CGST Act, 2017, in section 7 (1)(a), the following clause (aa) and Explanation inserted and shall be deemed to have been inserted with effect […]...

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Special drive in Haryana against 81 risky GST taxpayers

Goods and Services Tax - Government of Haryana identified a list of 81 risky taxpayers exhibiting considerable shortfall in tax paid (25 taxpayers having GSTR1-GSTR3B mismatch worth 117.23 Crores) and mismatch in Input Tax Credit availed (56 taxpayers having GSTR2A­-GSTR3B mismatch worth Rs. 63.64 Crores). The list was shared with the field formations and accord...

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DGGI Officials bust network involving fake invoices worth more than Rs 4,500 crore

Goods and Services Tax - Recently a case was booked by DGGI against some fake firms, which were found non existing at their principal place of business. To trace the real persons behind these fake firms, the physical address from where GST returns were actually filed was ascertained. Then search was conducted on 06.01.2022 at that premises in Delhi. During search...

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Navi Mumbai CGST Commissionerate busts ITC racket of more than Rs. 10 Crores

Goods and Services Tax - Navi Mumbai CGST Commissionerate busts Input Tax Credit racket of more than Rs. 10 Crores | Arrests one businessman Acting on the intelligence about the operation of a fake ITC racket , the Officers of Navi Mumbai CGST Commissionerate of Mumbai Zone  have arrested a businessman who is the is proprietor of M/s Maharashtra Enterprises [&he...

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Request to withdraw GST Advisory on ‘Payment of short paid late fee’

Goods and Services Tax - Apropos, taxpayers all over the country are in receipt of emails from the GSTN having a subject line as Payment of short paid late fee. As per the language of the Advisory, taxpayers have no other option than to make the payment of late fees if it is added in the GSTR 3B for the month of January / March 2022 since if this particular GSTR ...

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Navi Mumbai CGST Commissionerate busts Rs. 70 Crores Fake GST ITC Racket

Goods and Services Tax - Navi Mumbai CGST Commissionerate busts Rs. 70 Crores Fake GST Input Tax Credit (ITC) Racket The officers of Navi Mumbai CGST Commissionerate of Mumbai Zone have busted a fake GST Input Tax Credit racket involving GST of Rs 70 Crores. This network, which involves more than 14 business entities had issued bogus invoices more than […]...

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Bogus ITC passing of Rs 47.99 Crore: HC grants bail to accused

Satindra Kumar Yadav Vs State of Odisha (Orissa High Court) - Satindra Kumar Yadav Vs State of Odisha (Orissa High Court) In the instant case, the petitioner was arrested on 02.09.2021 for offences under Section 132(1)(b),(c)&(l) of OGST Act, 2017 having availed fake ITC by a firm M/s. S.S. Syndicate during the period under consideration. As is made to und...

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Transitional ITC not claimed due to technical problem on GST Portal cannot lapse

Vikas Elastochem Agencies Private Limited Vs Deputy Commissioner Central Excise & GST (Madras High Court) - Vikas Elastochem Agencies Private Limited Vs Deputy Commissioner Central Excise & GST (Madras High Court) No doubt, the petitioner was required to file GST Tran 1 with correct information. However, the Courts have taken note of the fact that there were difficulties in making proper declarations ...

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Refund of unutilized ITC inadmissible if goods exported out of India were subjected to export duty

In re Chowgule and Company Private Limited (GST AAAR Goa) - In re Chowgule and Company Private Limited (GST AAAR Goa) In the instant case alo, the exported goods are specified in the Second Schedule to the Customs Tariff Act, 1975 as subjected to export duty; while by a Notification issued under Section 25 (1) of the Customs Act, the same were exempted. Henc...

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No export of service if testing services are performed in India

In re Syngenta Biosciences Private Limited (GST AAAR Goa) - In re Syngenta Biosciences Private Limited (GST AAAR Goa) The Authority held that in terms of Section 13 (3) the place of supply of service is in Goa, India, since in the given factual situation, the samples/goods on which the testing service is to be performed by the appellant were made available b...

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GST on one time concession fees in respect of property given on Long Term Lease

In re Goa Tourism Development Corporation (GST AAAR Goa) - In re Goa Tourism Development Corporation (GST AAAR Goa) The Appellant is registered under the GST Act, 2017 and hold GSTIN: 30AAACG7220K1Z0. The Appellant sought an Advance Ruling in respect of the question whether GST is applicable on one time concession fees charged by the appellant in respect of...

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Weekly newsletter from Chairman, CBIC dated 10/01/2022

DO.No.06/CH(IC)/2021  - (10/01/2022) - The first week of the New Year brings with it the onset of the third wave of COVID-19. As the number of cases mount, we need to be ready, individually as well as institutionally, to meet squarely the challenge, as we have in the past. Please do not let your guard down, follow COVID - appropriate beh...

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Guidelines for recovery proceedings | section 79 | CGST Act, 2017

Instruction No. 01/2022-GST - (07/01/2022) - There may, however, be some cases where there may be a genuine reason for difference between the details of outward supplies declared in GSTR-1 and those declared in GSTR-3B. For example, the person may have made a typographical error or may have wrongly reported any detail in GSTR-1 or GSTR-3B. Suc...

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Advisory on Revamped Search HSN Code Functionality

PRess Release No. 518 - (06/01/2022) - A revamped & enhanced version of Search HSN Functionality has been launched on the GST Portal. The Search HSN functionality was earlier given as a measure of facilitation to the taxpayer to search the Technical Description of any particular HSN code of any goods and/or service used in the Trad...

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Weekly newsletter from Chairman, CBIC dated 03.01.2022

Notification No. 05/CH(IC)/2021 - (03/01/2022) - The latest exercise has been completed and the updated tariff is now available on the departmental website. You may like to go through the same. The transposition exercise by Tariff Unit and the publication of the tariff reflecting the HS amendments are a major achievement. Kudos to the Customs Wing...

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Reporting of supplies by E-commerce Operator in GSTR-3B

Press Release No. 516 - (04/01/2022) - As per the GST Council decision to notify 'Restaurant Service' under section 9(5) of the CGST Act, 2017 along with other services notified earlier such as motor cabs, accommodation and housekeeping services wherein the tax on such supplies would be paid by electronic commerce operator if such suppli...

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Recent Posts in "goods and services tax"

Bogus ITC passing of Rs 47.99 Crore: HC grants bail to accused

Satindra Kumar Yadav Vs State of Odisha (Orissa High Court)

Satindra Kumar Yadav Vs State of Odisha (Orissa High Court) In the instant case, the petitioner was arrested on 02.09.2021 for offences under Section 132(1)(b),(c)&(l) of OGST Act, 2017 having availed fake ITC by a firm M/s. S.S. Syndicate during the period under consideration. As is made to understand, the petitioner being the propri...

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Transitional ITC not claimed due to technical problem on GST Portal cannot lapse

Vikas Elastochem Agencies Private Limited Vs Deputy Commissioner Central Excise & GST (Madras High Court)

Vikas Elastochem Agencies Private Limited Vs Deputy Commissioner Central Excise & GST (Madras High Court) No doubt, the petitioner was required to file GST Tran 1 with correct information. However, the Courts have taken note of the fact that there were difficulties in making proper declarations in Tran 1 at the initial phase of implem...

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Interest Calculator introduced in Form GSTR 3B

Facility for auto-computation of Interest for GSTR 3B: 1. Introduction – As a facilitation measure for taxpayers and for assisting the taxpayers in doing a correct self-assessment, a new functionality of interest calculator is being released in GSTR-3B. This functionality shall assist the taxpayers to arrive at the system computed i...

Read More

Refund of unutilized ITC inadmissible if goods exported out of India were subjected to export duty

In re Chowgule and Company Private Limited (GST AAAR Goa)

In re Chowgule and Company Private Limited (GST AAAR Goa) In the instant case alo, the exported goods are specified in the Second Schedule to the Customs Tariff Act, 1975 as subjected to export duty; while by a Notification issued under Section 25 (1) of the Customs Act, the same were exempted. Hence, the ratio […]...

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No export of service if testing services are performed in India

In re Syngenta Biosciences Private Limited (GST AAAR Goa)

In re Syngenta Biosciences Private Limited (GST AAAR Goa) The Authority held that in terms of Section 13 (3) the place of supply of service is in Goa, India, since in the given factual situation, the samples/goods on which the testing service is to be performed by the appellant were made available by the service […]...

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GST on one time concession fees in respect of property given on Long Term Lease

In re Goa Tourism Development Corporation (GST AAAR Goa)

In re Goa Tourism Development Corporation (GST AAAR Goa) The Appellant is registered under the GST Act, 2017 and hold GSTIN: 30AAACG7220K1Z0. The Appellant sought an Advance Ruling in respect of the question whether GST is applicable on one time concession fees charged by the appellant in respect of their property at Anjuna, Goa, which [&...

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Sale of plots is not a supply under GST

In re Shantilal Real Estate Services (GST AAR Goa)

In re Shantilal Real Estate Services (GST AAR Goa) As per entry 5(b) of Schedule II of SGST Act, construction of a complex, building, civil structure or part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion [&hellip...

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GST payable on collection of Sopo from vendors by Municipality

In re Bicholim Municipal Council (GST AAR Goa)

Bicholim Municipal Council, Bicholim, Goa seeking an Advance Ruling in respect of the following question Whether GST payable on collection of Sopo or not....

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GST on supply of labour force/work without material by a sub-contractor to main contractor

In re Shakil Sikander Gavandi (Prop. Unique Earthmovers) (GST AAR Goa)

Whether the supply of labour force/ work without material by a sub-contractor to main contractor, who is engaged in supply of 'works contract' service, also falls under 'works contract' services?...

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Valuation of ‘Free of Cost’ Supplies under GST

We Know that the value of a taxable supply is the taxable base on which the rate is applied. It is important to understand and calculate the value of supply for ascertaining GST liability. GST will be applicable in the value of the goods and services supplied. The valuation process of supply under GST is […]...

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