GST Rules

Problems in application of Rule 36(4) of CGST Rules, 2017

Goods and Services Tax - Challenges faced by the registered person while applying Rule 36(4) of CGST Rules, 2017- 1. The auto calculation/matching is not made by the GST portal between ITC of GSTR 2A & GST 3B and it is left upon the registered person to calculate the claimable ITC before filing the GSTR-3B....

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‘Taxpayer’s Parade’: Beware of Anti-Tax Evasion Weapons

Goods and Services Tax - Krishna, on 26th January, India celebrates its Republic Day. Over the past few months GST and Income Tax departments have been sending notices to the taxpayers to increase the collection of Revenue. Please tell what are the weapons that department is using to take the Taxpayer’s parade?...

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Controversies Revolving around the Rule 36(4) of CGST Rules !

Goods and Services Tax - Although the provisions of Rule 36(4), Central Goods and Services Tax Rules, 2017 have been made applicable from 09th October 2019, the gravity of complexity involved in application of the said Rule will have its floor test while filing the GSTR 3B return for the month of November 2019....

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Restrictions on availment & utilization of ITC [Rule 36(4) & 86A]

Goods and Services Tax - CBIC on recommendations of 38th GST council meeting has vide Notification No.- 75/2019-CT; Dated 26 Dec 2019 made following restrictions on Availment and Utilization of ITC. Availment of ITC is governed by Sec 16 of GST Act, 2017 and Utilization of ITC by Section 89 of GST Act, 2017. Lets first see if newly inserted […]...

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Blocking of E-way Bills / ITC Ledger and Amendment to Rule 36(4)

Goods and Services Tax - Notification No. 75/2019–Central Tax Dated: 26th December, 2019 Blocking of E-way Bills for non-furnishing of GSTR-1 With effect from the 11th January, 2020, in rule 138E, after clause (b), the following clause shall be inserted, namely:- “(c) being a person other than a person specified in clause (a), has not furnished the statement ...

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Updated Central Goods and Services Tax Rules, 2017

Goods and Services Tax - This article have updated Central Goods and Services Tax Rules, 2017 / CGST Rules, 2017, which were initially released on 19th June 2017 and amended by various notifications issued from time to time. CGST Rules are updated with notifications issued till 01st January 2020. Details of Initial and Subsequent Notifications is as follows :- &n...

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GST Rule 142A Procedure for recovery of dues under existing laws

Goods and Services Tax - Extract of Rule 142A of Central Goods and Service Tax Rules, 2017 as inserted vide Notification No. 60/2018-Central Tax Dated 30th October, 2018. 142A. Procedure for recovery of dues under existing laws. – (1) A summary of order issued under any of the existing laws creating demand of tax, interest, penalty, fee or any other [&helli...

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6 CGST and 2 IGST Notification with 5 GST Rules released by CBEC

Goods and Services Tax - On 19th June 2017 CBEC released Six Central Tax notifications ,  two Integrated Tax notifications paving the way for implementation of GST with effect from 01st July 2017. In Addition to that it also released with Format GST Rules related to Advance Ruling , Anti Profiteering, Appeals and Revision, Assessment and Audit  and E-way. Detai...

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Final GST Assessment and Audit rules with Formats (19.06.2017)

Goods and Services Tax - Every registered person requesting for payment of tax on a provisional basis in accordance with the provisions of sub-section (1) of section 60 shall furnish an application along with the documents in support of his request, electronically, in FORM GST ASMT-01 on the Common Portal, either directly or through a Facilitation Centre notified...

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Final GST E-way rules (19.06.2017)

Goods and Services Tax - Till such time as an E-way bill system is developed and approved by the Council, the Government may, by notification, specify the documents that the person in charge of a conveyance carrying any consignment of goods shall carry while the goods are in movement or in transit storage. ...

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Goods can’t be detained for Mere Non-Compliance of GST Rules

Re. P.B. Suresh Kumar, J (Kerala High Court) - The Kerala High Court, in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, held that the power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act....

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Rule 86A /Central Goods & Services Tax (Ninth Amendment) Rules, 2019

Notification No. 75/2019–Central Tax - (31/12/2019) - Central Goods and Services Tax (Ninth Amendment) Rules, 2019 as notified by Notification No. 75/2019–Central Tax dated: 26th December, 2019. Above rules shall come into force on their date of Publication in Official Gazette. In CGST Rules, 2017: With effect from 1/01/2020: 1). Under Rule 36(4): In...

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Opportunity to apply for revocation of cancellation of GST registration

Circular No. 99/18/2019-GST - (23/04/2019) - Seeks to clarify the extension in time under sub-section (1) of section 30 of the Act to provide a one time opportunity to apply for revocation of cancellation of GST registration on or before the 22nd July, 2019 for the specified class of persons for whom cancellation order has been passed up to 31...

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CBIC clarifies manner of utilization of GST input tax credit

Circular No. 98/17/2019-GST - (23/04/2019) - CBIC clarifies the manner of utilization of input tax credit post insertion of the rule 88A of the CGST Rules vide Circular No. 98/17/2019-GST dated 23rd April 2019. Clarification in respect of utilization of ITC under GST Clarification on Section 49A and Section 49B inserted w.e.f 1st February, 201...

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Restriction on furnishing of info in PART A of GST EWB-01 WEF 21.06.2019

Notification No. 22/2019–Central Tax [G.S.R. 323(E)] - (23/04/2019) - Effective date of implementation of Rule 138E of CGST Rules, 2017 Seeks to notify the provisions of rule 138E of the CGST Rules w.e.f 21st June, 2019 vide Notification No. 22/2019 – Central Tax Dated 23rd April, 2019. Rule 138E prescribes Restriction on furnishing of information in PART A of FORM ...

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Tax payment & GST Return Filing by 6% Composition Scheme dealers

Notification No. 21/2019–Central Tax [G.S.R. 322(E)] - (23/04/2019) - Seeks to notify procedure for quarterly tax payment and annual filing of return for taxpayers availing the benefit of Notification No. 02/2019– Central Tax (Rate), dated the 7th March, 2019 i.e. for dealers who opted 6% Composition Scheme vide Notification No. 21/2019 – Central Tax Dated 23rd Ap...

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Recent Posts in "GST Rules"

Problems in application of Rule 36(4) of CGST Rules, 2017

Challenges faced by the registered person while applying Rule 36(4) of CGST Rules, 2017- 1. The auto calculation/matching is not made by the GST portal between ITC of GSTR 2A & GST 3B and it is left upon the registered person to calculate the claimable ITC before filing the GSTR-3B....

Read More

‘Taxpayer’s Parade’: Beware of Anti-Tax Evasion Weapons

Krishna, on 26th January, India celebrates its Republic Day. Over the past few months GST and Income Tax departments have been sending notices to the taxpayers to increase the collection of Revenue. Please tell what are the weapons that department is using to take the Taxpayer’s parade?...

Read More

Updated Central Goods and Services Tax Rules, 2017

This article have updated Central Goods and Services Tax Rules, 2017 / CGST Rules, 2017, which were initially released on 19th June 2017 and amended by various notifications issued from time to time. CGST Rules are updated with notifications issued till 01st January 2020. Details of Initial and Subsequent Notifications is as follows :- &n...

Read More

Controversies Revolving around the Rule 36(4) of CGST Rules !

Although the provisions of Rule 36(4), Central Goods and Services Tax Rules, 2017 have been made applicable from 09th October 2019, the gravity of complexity involved in application of the said Rule will have its floor test while filing the GSTR 3B return for the month of November 2019....

Read More

Restrictions on availment & utilization of ITC [Rule 36(4) & 86A]

CBIC on recommendations of 38th GST council meeting has vide Notification No.- 75/2019-CT; Dated 26 Dec 2019 made following restrictions on Availment and Utilization of ITC. Availment of ITC is governed by Sec 16 of GST Act, 2017 and Utilization of ITC by Section 89 of GST Act, 2017. Lets first see if newly inserted […]...

Read More

Blocking of E-way Bills / ITC Ledger and Amendment to Rule 36(4)

Notification No. 75/2019–Central Tax Dated: 26th December, 2019 Blocking of E-way Bills for non-furnishing of GSTR-1 With effect from the 11th January, 2020, in rule 138E, after clause (b), the following clause shall be inserted, namely:- “(c) being a person other than a person specified in clause (a), has not furnished the statement ...

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Rule 86A /Central Goods & Services Tax (Ninth Amendment) Rules, 2019

Notification No. 75/2019–Central Tax (31/12/2019)

Central Goods and Services Tax (Ninth Amendment) Rules, 2019 as notified by Notification No. 75/2019–Central Tax dated: 26th December, 2019. Above rules shall come into force on their date of Publication in Official Gazette. In CGST Rules, 2017: With effect from 1/01/2020: 1). Under Rule 36(4): Instead of 20% ITC on invoices reflected i...

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New Alert For Tax Payers – CGST Rule 86A

Government vide notification No. 75/2019 dated 26.12.2019 inserted Rule 86A indicating conditions of use of amount available in Electronic Credit Ledger . 1. Rule 86A : Rule 86A has empowered the Department to impose restrictions on use of available Input Tax Credit of recipients in certain cases. The commissioner or an officer authorised...

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E-Invoicing in GST – Recent Notifications

The Central Government vide CGST Notification No. 68/2019,69/2019,70/2019, 72/2019, has amended the Central Goods and Services Tax Rules, 2017, thereby introducing the Central Goods and Services Tax (Eighth Amendment) Rules, 2019. These rules have been brought to implement the provisions of Electronic Invoicing. ‘E-invoicing’ or ‘el...

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20% CGST Rule of supplies from Quarterly Dealers – An Analysis

This Article discusses the issue of taxpayer with regard to implications of 20% Rule [Rule 36(4)] of CGST Rules 2017 with regard to supplies from Quarterly suppliers. The CBIC released an important notification no. 49/2019 on 9 October 2019, inserting a new sub-rule (4) under rule 36 of the CGST Rules, 2017, stating that provisional cred...

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