Goods and Services Tax - 1. The provisions of CGST/SGST Act, enables a taxpayer to claim for a refund of the tax levied on the particular supply of Goods and Services. Likewise, a person having GSTregistration can claim for refundon tax paid for the intra-state supply which is consequently held to be inter-state supply and vice versa. 2. The applicant […...
Read MoreGoods and Services Tax - Section 16 of IGST Act, 2017 entitles exporters to claim refund under either of the two options: 1. Export without payment of IGST under bond or Letter of Undertaking (LUT) and claim refund of unutilized Input Tax Credit (ITC) or 2. Export with payment of IGST and claim refund of such IGST paid. The 2nd […]...
Read MoreGoods and Services Tax - Under section 16 of IGST Act 2017, exports are considered as zero rated supplies. Zero rated supplies means where the GST burden on both inputs and outputs is zero. This is mainly to make Indian Goods and Services competitive in the international market. GST Act has prescribed ways to achieve this mainly. 1. Export of […]...
Read MoreGoods and Services Tax - As per 89(4) of CGST Rules, in case of zero rated supply of goods or services or both without payment of tax under bond or letter of undertaking in accordance with the provisions of section 16(3) of the IGST Act, refund of input tax credit shall be granted as per following formula :- Refund Amount […]...
Read MoreGoods and Services Tax - Section 10 of the IGST Act, 2017 provides the set of rules to determine the place of supply of goods to enable the charging of GST to the customer. As per section 10 (1) of the IGST Act, 2017, The place of supply of goods, other than supply of goods imported into, or exported from […]...
Read MoreGoods and Services Tax - A large number of proprietorship / partnership firms registered with Gautam Buddha Nagar and other Commissionerates of Delhi NCR which were apparently connected and had claimed huge amount of refunds against accumulated Input Tax Credit (ITC) on account of inverted tax structure and Zero-rated supply of Goods were identified....
Read MoreGoods and Services Tax - DGGI (Hqrs.) booked a case on 06.03.2020 against M/s Aastha Apparels Pvt Ltd & others. Aforesaid companies have fraudulently claimed IGST refunds on export of goods to the tune of more than Rs. 61 Crores....
Read MoreGoods and Services Tax - Exporters have already been paid IGST refund of over Rs.1.12 lakh Crores and over 83,500 exporters have been benefited by these refunds. This shows that the government’s efforts to fast track refunds under GST especially to exporters are yielding results. Refunds of only Rs. 3,604 Crores are pending with Customs and out of about 185,000...
Read MoreGoods and Services Tax - DGGI-MZU has arrested one Shri Tejas Desai on Saturday (December 14, 2019) for fraudulently availing input tax credit of Rs. 41.15 crores without any supply of goods and services and only on the strength of bogus invoices. The arrested person had claimed Rs. 38.55 crores as IGST refund against exports. ...
Read MoreGoods and Services Tax - With reference to some news being circulated in a section of social and other media about the change in the constitution of GOM on IGST, it is hereby clarified that subsequent to Union Finance Minister's meeting on 4th Dec 2019 with the Finance Ministers of Punjab, Madhya Pradesh, Rajasthan and Deputy Chief Ministers of Delhi and Puducher...
Read MoreGokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) - Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2007, on the ocean freight for the services provided by a person located in a non-taxable territory by way...
Read MoreIn re Fom Aluminium Machines Pvt. Ltd. (GST AAR Karnataka) - In re Fom Aluminium Machines Pvt. Ltd. (GST AAR Karnataka) The third question which reads as ‘Is IGST paid under RCM eligible for ITC?’ The levy of IGST is only on the inter-state supplies and importation of goods/services is treated as inter-state supply, in terms of Section 7(2)/7(4) o...
Read MoreShree Nanak Ferro Alloys Pvt. Ltd. Vs Union of India (Jharkhand High Court) - In a case where the assessee had wrongly deposited IGST as CGST, the Jharkhand High Court has quashed the letter saddling petitioner company with liability to pay short paid IGST along with interest. The High Court however directed the petitioner to deposit IGST and to claim refund of CGST or adjust...
Read MoreMohit Minerals Pvt. Ltd. Vs Union of India (Gujarat High Court) - On Appeal High Court held that no GST is leviable under the Integrated Goods and Services Tax Act, 2007, on the ocean freight for the services provided by a person located in a non-taxable territory by way of transportation of goods by a vessel from a place outside India upto the customs station of ...
Read MoreSales Tax Bar Association Vs Union of India (Delhi High Court) - The grievance of the petitioners is also that the statutory mechanism created for entertaining IGST refund claims is not being implemented, and that there are some inherent lacunas in the scheme formulated by the Respondents to process the refund claims....
Read MoreNotification No. 02/2020–Integrated Tax [G.S.R. 1212(E).] - (25/03/2020) - CBIC amends Notification No. 4/2019-Integrated Tax dt. 30.09.2019 to change the place of supply for B2B MRO services to the location of the recipient vide Notification No. 02/2020–Integrated Tax Dated 25th March, 2020. Ministry of Finance (Department of Revenue) Notification No. 02/2020–Integrat...
Read MoreNotification No. 03/2020-Intergrated Tax (Rate) [G.S.R. 217(E).] - (25/03/2020) - CBIC amends notification No. 1/2017-Integreated Tax (Rate) to prescribe uniform IGST rate of 12% on all matchsticks & 18 % on all telephone Sets vide Notification No. 03/2020-Intergrated Tax (Rate) dated 25th March, 2020. Ministry of Finance (Department of Revenue) Notification No. 03/2020-Int...
Read MoreNotification No. 02/2020–Integrated Tax (Rate) [G.S.R. 1210(E).] - (25/03/2020) - CBIC amends Notification No. 8/2017-Integrated Tax (Rate) dt. 28.06.2017 reducing IGST rate on Maintenance, Repair and Overhaul (MRO) services in respect of aircraft from 18% to 5% with full ITC vide Notification No. 02/2020–Integrated Tax (Rate) Dated 25th March, 2020. MINISTRY OF FINANCE (Depart...
Read MoreCircular No.133/03/2020-GST - (23/03/2020) - Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18 (3) of CGST Act read with rule 41(1) of CGST Rules vide Circular No.133/03/2020-GST Dated : Circular No.133/03/2020-GST F.No. CBEC-20/06/13/2019-GST Government of India Ministry o...
Read MoreNotification No. 1/2020-Integrated Tax (Rate) [G.S.R. 135(E)] - (21/02/2020) - Seeks to amend notification No. 1/2017- Integrated Tax (Rate) dated 28.06.2017 so as to notify rate of GST on supply of lottery. GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 1/2020-Integrated Tax (Rate) New Delhi, the 21st February, 2020 G.S.R. 135(E).– In e...
Read MoreGokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) -
Notification No. 02/2020–Integrated Tax [G.S.R. 1212(E).] - (25/03/2020) -
Notification No. 03/2020-Intergrated Tax (Rate) [G.S.R. 217(E).] - (25/03/2020) -
Notification No. 02/2020–Integrated Tax (Rate) [G.S.R. 1210(E).] - (25/03/2020) -
Circular No.133/03/2020-GST - (23/03/2020) -