IGST

Issues faced by SEZ units under GST Regime

Custom Duty - Upon reading of the heading, one may feel that what could be issues faced by SEZ unit as they can procure the goods without payment of GST and export their supplies without payment of GST. SEZ units are facing many issues in GST regime due to lack of co-ordination between the associated enactments, GST portal […]...

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GST Amendment Proposed In Finance Bill 2021

Custom Duty - As the day progresses we professionals are going through lot of GST amendments, circulars, notifications etc .and yet we are finding it how to make it good and simple tax for our clients .In this budget, the main focus of government was to collect tax overruling all previous supreme court judgments or high courts judgements. […]...

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Analysis of GST Proposals in Union Budget 2021-New perspective

Custom Duty - Today I am discussing Major GST Proposals in Union Budget 2021 in very simplified manner-  Analysis of Proposed Provisions related to CGST ACT- ♠ Section 7(1)(a) –New clause inserted (aa) – Supply includes supply of goods or services by clubs or associations to its members and that to retrospective effect -01.07.2017 ,for cash ,def...

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Professional Approach Towards amendment in GST

Custom Duty - Article discusses Proposed Amendment in GST (CGST & IGST) vide Union Budget 2021. CGST Act, 2017 1. Insertion of clause (aa) to Section 7(1): Sec. 7(1)(aa) is sought to be inserted so as to ensure levy of tax on activities or transactions involving the supply of goods or services by any person, other than an […]...

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Critical amendment proposed in Zero rated supplies under IGST act

Custom Duty - Clause 114 of the Finance Bill 2021 seeks to amend section 16 of the Integrated Goods and Services Tax Act, 2017 so as to make provisions for restricting the zero rated supply on payment of integrated tax only to specified class of taxpayers or specified supplies of goods or services. It further provides to link […]...

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Integrated Goods And Services Tax Act, 2017 – Updated till 01.10.2020

Custom Duty - Integrated Goods And Services Tax Act, 2017 No. 13 Of 2017 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 12th April, 2017/Chaitra 22, 1939 (Saka) The following Act of Parliament received the assent of the President on the 12th April, 2017, and is hereby published for general information:— THE INTEGRATED GOODS AND S...

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Scheme for Manufacturing In Customs Bonded Facility

Custom Duty - MANUFACTURING IN CUSTOMS BONDED FACILITY ‘A Scheme for manufacturing and other operations in a Customs Bonded Facility to Promote India as a Global Manufacturing Hub’ OVERVIEW India allows duty-free import of raw materials and capital goods for manufacturing and other operations in a bonded manufacturing facility. Deferment of...

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CBIC issues 9 GST Notification & one Instruction on 24.06.2020

Custom Duty - CBIC has issued one GST Instruction, Two IGST Notifications, 6 CGST Notifications and one UTGST Notification on 24th June 2020. Notifications are for notifying relaxation in GST Interest Rate & Late Fees with respect to Form GSTR 3B, For notifying Waiver of Late Fees for GSTR 1, Notification of Due dates of GSTR 3B, Amendment [&hellip...

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Racket busted of firms falsely claiming GST refund against ITC

Custom Duty - 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....

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Case registered for fraudulently claiming IGST refunds

Custom Duty - 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....

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Sanction refund of IGST paid on goods exported vide shipping bills: HC

Awadkrupa Plastomech Pvt. Ltd. Vs Union of India (Gujarat High Court) - Awadkrupa Plastomech Pvt. Ltd. Vs Union of India (Gujarat High Court) It appears from the materials on record that the writ­ applicant wants the respondent­ authorities to sanction the refund of Integrated Goods and Service Tax [herein after referred to as the ‘IGST’] paid in respect o...

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IGST Exemption available on re-import of repaired parts or aircraft into India

Interglobe Aviation Limited Vs Commissioner of Customs (CESTAT Delhi) - Interglobe Aviation Limited Vs Commissioner of Customs (CESTAT Delhi) Conclusion: Assessee was entitled to exemption from payment of integrated tax under the Exemption Notification on re-import of repaired parts/aircraft into India because in the absence of mention of integrated tax and compensation...

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Denial of refund of IGST to Advance-Authorisation holders is valid but operates prospectively w.e.f October 23, 2017

Cosmo Films India Vs Union of India & Ors. (Gujarat High Court) - The Hon’ble HC, Gujarat in Cosmo Films India v. Union of India & Ors. [R/SLP No. 15833/2018 dated October 20, 2020] upheld the validity of rule 96(10) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) and rules that notification is required to be made applicable prospectivel...

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SEZ Units Entitled to Claim Refund of Unutilized IGST Credits

Britannia Industries Limited Vs Union of India (Gujarat High Court) - High Court observed that as per the definition of ISD under Section 2(61) of CGST Act and facts of the present case, it is not possible for a supplier of goods and services to file a refund application to claim refund of input tax credit distributed by ISD....

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Goods Can’t be detained for mere non-mention of Applicable GST on E-Way Bill

Krishnakumar Vs Asst. State Tax Officer (Kerala High Court) - The issue under consideration is whether goods can be detained merely because IGST applicable is not mentioned in the e-way bill?...

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Sanction of IGST refund where records not transmitted to ICEGATE

Circular No. 04/2021-Customs - (16/02/2021) - Several representations are being received by the Board in respect of IGST refunds which are pending due to mis-match of data between GSTR- 1 & GSTR-3B. The resolution to the above problem was provided by the Board, as an interim measure, vide Circular No. 12/2018-Cus dated 29.05.2018 read with Circ...

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CBIC exempt IGST on satellite launch services

Notification No. G.S.R. 644(E) - (16/10/2020) - To Amend No.9/2017- Integrated Tax (Rate), dated the 28th June, 2017 So As To Exempt Satellite Launch Services Provided By ISRO, Antrix Co. Ltd And NSIL As Recommended By GST Council In Its 42nd Meeting Held On 05.10.2020. Notification No. 05/2020- Integrated Tax (Rate) dated 16th October, 2020. Go...

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HSN Code on GST Tax Invoice Mandatory wef 01st April 2021

Notification 06/2020–Integrated Tax [G.S.R. 640(E)] - (15/10/2020) - Notification 06/2020–Integrated Tax dated 15.10.2020- This notification mandates a registered person to mention the HSN Code for the all products sold the HSN Digits to be mentioned are as under. The only exemption is given to the registered persons having turnover less than 5 Crores is that t...

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CBIC extends IGST exemption on 2 type of transportation Services

Notification No. 04/2020-Integrated Tax (Rate) [G.S.R. 605(E)] - (30/09/2020) - Notification No. 04/2020 – Integrated  Tax (Rate)– dated 30th September, 2020- CBIC extends exemptions on supply Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India and Services by way of transportation of goods b...

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Refund of IGST on Export | Invoice mis-match Cases | Alternative Mechanism

Public Notices No. 100/2020-JNCH - (14/08/2020) - Attention of all the exporters and CBs are invited to CBIC Circular No. 5/2018-Customs dated 23.02.2018 and Circular No. 22/2020-Customs dated 21.04.2020 regarding alternative mechanism for the process of IGST refund in invoice mismatch cases....

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Recent Posts in "IGST"

Sanction of IGST refund where records not transmitted to ICEGATE

Circular No. 04/2021-Customs (16/02/2021)

Several representations are being received by the Board in respect of IGST refunds which are pending due to mis-match of data between GSTR- 1 & GSTR-3B. The resolution to the above problem was provided by the Board, as an interim measure, vide Circular No. 12/2018-Cus dated 29.05.2018 read with Circular No. 25/2019-Cus dated 27.08.2019 in...

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Issues faced by SEZ units under GST Regime

Upon reading of the heading, one may feel that what could be issues faced by SEZ unit as they can procure the goods without payment of GST and export their supplies without payment of GST. SEZ units are facing many issues in GST regime due to lack of co-ordination between the associated enactments, GST portal […]...

Read More

GST Amendment Proposed In Finance Bill 2021

As the day progresses we professionals are going through lot of GST amendments, circulars, notifications etc .and yet we are finding it how to make it good and simple tax for our clients .In this budget, the main focus of government was to collect tax overruling all previous supreme court judgments or high courts judgements. […]...

Read More

Analysis of GST Proposals in Union Budget 2021-New perspective

Today I am discussing Major GST Proposals in Union Budget 2021 in very simplified manner-  Analysis of Proposed Provisions related to CGST ACT- ♠ Section 7(1)(a) –New clause inserted (aa) – Supply includes supply of goods or services by clubs or associations to its members and that to retrospective effect -01.07.2017 ,for cash ,def...

Read More

Professional Approach Towards amendment in GST

Article discusses Proposed Amendment in GST (CGST & IGST) vide Union Budget 2021. CGST Act, 2017 1. Insertion of clause (aa) to Section 7(1): Sec. 7(1)(aa) is sought to be inserted so as to ensure levy of tax on activities or transactions involving the supply of goods or services by any person, other than an […]...

Read More

Critical amendment proposed in Zero rated supplies under IGST act

Clause 114 of the Finance Bill 2021 seeks to amend section 16 of the Integrated Goods and Services Tax Act, 2017 so as to make provisions for restricting the zero rated supply on payment of integrated tax only to specified class of taxpayers or specified supplies of goods or services. It further provides to link […]...

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Interplay between section 7(5)(c) and Section 13(8)(b) of IGST Act, 2017 in the matter of Intermediary Services

Section 12 is applicable when both the location of supplier of service and location recipient of service is in India. Section 13 will be applicable when either of the location of supplier of service or location of recipient of service is outside India. So, in the given situation section 13 is applicable as the location of recipient is out...

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Section 77/19 of CGST/IGST Act replayed and redefined

Section 77 of CGST Act, 2017 and Section 19 of IGST Act, 2017 replayed and redefined There are doubts circulating whether or not time limit of two years under Sec 54 of the Act will apply to refunds claimed under Sec 77/19 of CG/IGSTA. Let’s replay below the sections concerned for ease of ready reference: […]...

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Sanction refund of IGST paid on goods exported vide shipping bills: HC

Awadkrupa Plastomech Pvt. Ltd. Vs Union of India (Gujarat High Court)

Awadkrupa Plastomech Pvt. Ltd. Vs Union of India (Gujarat High Court) It appears from the materials on record that the writ­ applicant wants the respondent­ authorities to sanction the refund of Integrated Goods and Service Tax [herein after referred to as the ‘IGST’] paid in respect of the goods exported i.e. ‘Zero Ra...

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Has the AAAR fixed the ‘fixed establishment’ under GST?

The ‘fixed establishment’ could pose yet another challenge to the ‘One nation One tax’ theory unless more clarity is brought to the definition similar to (or even better than) ‘Permanent Establishment’ defined under the Income Tax Act, 1961 read with DTAAs entered into with various countries....

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