IGST

IGST Refunds – Genuine Exporters-Rule of Law Missing?

Goods and Services Tax - Though GST department claims only a miniscule percentage of exporters have been selected for risky exporter verification, it appears many exporters even with a good reputation over couple of decades in exporting the goods have been also selected for this verification!!...

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Gujarat HC Denies Integrated GST Rebate to Advance Authorization License Holders – Is It Fair?

Goods and Services Tax - CA Navjot Singh Cosmo Films India Vs Union of India & Ors. (Gujarat High Court) Holders of advance authorization licenses were entitled to import raw materials without payment of integrated GST and rebate of IGST. The government changed the rules in September 2018 – retrospectively from July 2017 – prohibiting the entitlement if b...

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Place of supply of services | Section 13(1) to 13(13) | IGST Act, 2017

Goods and Services Tax - How to determine place of supply in various supply of services as per Section 13(1) to 13(13) under IGST Law, 2017 Dear Colleagues, Greetings of the day. Today I’m going to discuss about “How to determine place of supply in various supply of services under GST” under Sec.13 of IGST Act, 2017. Effective from 01.07.2017 […]...

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How to determine place of supply of services under IGST Act, 2017

Goods and Services Tax - How to determine place of supply in various supply of services as per Section 12(1) to 12(14) under IGST Act, 2017 Today I’m going to discuss about ‘How to determine place of supply in various supply of services under GST’. Effective from 01.07.2017 many services are included under Tax Net in India. The Goods and […]...

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Don’t lose your GST refund due to errors!!! Resolve It.

Goods and Services Tax - When the exporters have declared properly paid IGST on export supplies in their Form GSTR - 3B and the same matches with the liability declared in Form GSTR-1, then the data will be transmitted to the Customs system wherein the GST return data is matched with the shipping bill data....

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Scheme for Manufacturing In Customs Bonded Facility

Goods and Services Tax - 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

Goods and Services Tax - 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

Goods 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....

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Case registered for fraudulently claiming IGST refunds

Goods 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....

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Refunds of only Rs. 3,604 Crores are pending with Customs: CBIC

Goods 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...

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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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HC Grant Refund for Excess Custom Duty paid as per Amended Section 25

Ruchi Soya Industries Limited Vs Union of India (Madras High Court) - The issue under consideration is whether the petitioner is liable for the refund for the excess amount of duty paid under customs as per the amended section 25 of Customs Act?...

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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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CBIC reduces interest rate for tax periods from Feb to July 2020

Notification No. 05/2020 –Integrated Tax [G.S.R. 410(E)] - (24/06/2020) - CBIC lowered interest rate for tax periods from February, 2020 to July, 2020 for delayed filing of GSTR 3B vide Notification No. 05/2020 –Integrated Tax Dated 24th June, 2020. Ministry of Finance (Department Of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 05/2020–Integ...

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Recent Posts in "IGST"

IGST Refunds – Genuine Exporters-Rule of Law Missing?

Though GST department claims only a miniscule percentage of exporters have been selected for risky exporter verification, it appears many exporters even with a good reputation over couple of decades in exporting the goods have been also selected for this verification!!...

Read More

Gujarat HC Denies Integrated GST Rebate to Advance Authorization License Holders – Is It Fair?

CA Navjot Singh Cosmo Films India Vs Union of India & Ors. (Gujarat High Court) Holders of advance authorization licenses were entitled to import raw materials without payment of integrated GST and rebate of IGST. The government changed the rules in September 2018 – retrospectively from July 2017 – prohibiting the entitlement if b...

Read More

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 cess in column (3) under serial no. 2 o...

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Place of supply of services | Section 13(1) to 13(13) | IGST Act, 2017

How to determine place of supply in various supply of services as per Section 13(1) to 13(13) under IGST Law, 2017 Dear Colleagues, Greetings of the day. Today I’m going to discuss about “How to determine place of supply in various supply of services under GST” under Sec.13 of IGST Act, 2017. Effective from 01.07.2017 […]...

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How to determine place of supply of services under IGST Act, 2017

How to determine place of supply in various supply of services as per Section 12(1) to 12(14) under IGST Act, 2017 Today I’m going to discuss about ‘How to determine place of supply in various supply of services under GST’. Effective from 01.07.2017 many services are included under Tax Net in India. The Goods and […]...

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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 prospectively only w.e.f. October 23, 2017 and [&hel...

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Don’t lose your GST refund due to errors!!! Resolve It.

When the exporters have declared properly paid IGST on export supplies in their Form GSTR - 3B and the same matches with the liability declared in Form GSTR-1, then the data will be transmitted to the Customs system wherein the GST return data is matched with the shipping bill data....

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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. Government of India Ministry of Finance (D...

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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 they need not mention the HSN code in the...

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GST Annual Return due date extension & E-Invoice Compliance relaxation

Extension of date for furnishing Annual Return and One time relaxation of E-Invoice Compliance vide Notification No. 69/2020 – Central Tax to 72/2020 – Central Tax dated 30-09-2020 and Exemption Notification No. 04/2020-Integrated Tax – Rate etc. Sl. No Notification No Date Summary of Notification 1 69/2020 – Central Tax 30-09...

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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 by a vessel from customs station of clear...

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Place of supply | Section 11-12 | IGST Act 2017

Section 11- IGST Act- 2017- Place of supply of goods imported into, or exported from India  The place of supply of goods, –– (a) imported into India shall be the location of the importer; (b) exported from India shall be the location outside India.  Analysis- Place of supply of goods where the goods are imported […]...

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Section 10- IGST Act 2017 – Place of supply of goods

Section 10 /IGST ACT 2017/Place of Supply of Goods other than supply of goods imported into or exported from India.  Section 10- Place of supply of goods, other than supply of goods imported into, or exported from India. (1) The place of supply of goods, other than supply of goods imported into, or exported from India, […]...

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Inter/Intra State & Territorial Waters Supply under IGST

Simplified GST Series – Section 7- IGST Act, 2017 – Inter State Supply (1) Subject to the provisions of section 10, supply of goods, where the location of the supplier and the place of supply are in–– (a) two different States; (b) two different Union territories; or (c) a State and a Union territory, shall be treated [&h...

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4 important Videos on GST Credit & RCM liability

Videos on multiple topics of Outward supply and GST ITC for preparation & hand holding of GSTR 9/GSTR 9C for FY 2018-19.  These videos are very important for basic understanding of taxpayers, professionals, etc. Speaker in the all the Videos is Learned CA Bimal Jain. Videos are on following for Topics- 1. Reconciliation of GST [&hell...

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Refund of Tax wrongly collected & paid under Section 77 of CGST & Section 19 of IGST

Refund of Tax wrongly collected and paid under Section 77 of CGST and Section 19 of the IGST Goods and Services Tax [GST] is a destination-based consumption tax and the GST rates of tax on supplies of goods or services or both are the same throughout the country. This principle of destination-based consumption tax is […]...

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Definitions under Section 2 of IGST ACT 2017

Simplified GST Series – Important Definations –IGST ACT 2017 Hello readers, I have completed articles on CGST ACT 2017 … Now starting IGST ACT 2017 today – Today I will discuss some important definations that we all should be familiar with — Section 2 (5)- Export of goods with its grammatical variations and cognate expre...

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Levy and collection as per IGST Act, 2017

Introduction The Constitution mandates that no tax shall be levied or collected by a taxing Statute except by authority of law. While no one can be taxed by implication, a person can be subject to tax in terms of the charging section only. Power to levy any tax is derived from the Constitution of India. […]...

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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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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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Can refund of ‘Input Services’ be now claimed from 1st July 2017?

A refund of the accumulated input tax credit is available to the assessee wherein the accumulation is due to the fact that the rate of tax on inputs is higher than that of the rate of tax on outputs. The mechanism for calculation of the maximum refund amount is provided in rule 89(5) of CGST […]...

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Section 13(8)(b) r.w.s. 2(13) & 8(1) of IGST Act,2017 are not ultra vires & unconstitutional

Hon’ble Gujarat High Court in case of Material Recycling Association of India vs Union of India dated 24.07.2020 deided on the issue Whether the provisions of Section 13(8)(b) r.w.s. 2(13) and 8(1) of the IGST Act,2017 are ultra vires and unconstitutional or not. Facts of the Case 1. The members of the petitioner also facilitate [&helli...

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HC Grant Refund for Excess Custom Duty paid as per Amended Section 25

Ruchi Soya Industries Limited Vs Union of India (Madras High Court)

The issue under consideration is whether the petitioner is liable for the refund for the excess amount of duty paid under customs as per the amended section 25 of Customs Act?...

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Advance Ruling | Reverse Charge Mechanism | Section 9(3) | CGST Act 2017

Whether the applicant/importer is again required to pay IGST on the component of ocean freight under RCM mechanism on deemed amount which will amount double taxation of IGST on the deemed component of ocean freight of the imported goods?...

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Scheme for Manufacturing In Customs Bonded Facility

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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GST Covid Waivers Calendar As on 30.06.2020

Article contains GSTR-3B and GSTR-1 waiver of Interest and Late fee Waiver Dates- GSTR-3B Return Interest and penalty Waiver Dates –Based upon Aggregate Turnover in the Preceding FY More than or upto Rs. 5.00 Crore, and GSTR-1 Late fee Waiver Dates-as notified by CBIC on 24th June 2020 incorporating Notification No. 57/2020-Central ...

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IGST Act 2017 Updated Till June 2020

In this Article Author compiled  Integrated Goods & Services Tax  Act 2017 (IGST Act 2017) with all notification / Acts issued and changes which occurred till Till 28th June 2020. Books contains all Section of IGST Act 2017. Book is Updated by By Ghanshyam Upadhyay and Praveen Upadhyay Disclaimer: The contents of this article are [&...

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Summary of Notifications by CBIC on 24th June 2020

SUMMARY OF NOTIFICATIONS BY CBIC ON 24th June 2020 i. Waiver / Reduced rate of interest for delayed in filing of GSTR-3B for various months – (Notification No. 51/2020 – Central Tax dated 24th June 2020) ii. Wavier of Late Fees for delay in filing of GSTR-3B for the returns from Feb 2020 till June 2020 […]...

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Important Dates for filing GSTR-3B & GSTR-1 for availing benefit of Interest & Late Fees

Important Dates for filing GSTR-3B and GSTR-1 for availing benefit of Interest & Late Fees considering recent GST Notifications, Circulars, Orders, Instruction issued by CBIC on 24th June 2020. 1. Full Waiver of Late Fees for filing FORM GSTR-1 vide Notification No. 53/2020 – CT dt 24.06.2020 Sr. No Class of Registered Person Fo...

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GST Due Dates Extension 3.0 due to COVID-19

Introduction: 1. Since the lockdown has begun in India due to the Covid – 2019, there have been many relaxations given by the Government in all fronts for compliance. This is the third time that the Government has announced relaxation for making compliance under GST. The present note explains in detail various notifications issued on [&...

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Synopsis of GST Notifications & Instruction dated 24.06.2020

Notification No. 49/2020 – Central Tax Dated 24th June 2020 Many provisions of the CGST Act has been amended in the Finance Act, 2020 and some of the same have been notified and the effective date is 30th Jun 2020. Extract of Sections 118, 125, 129 & 130 of Finance Act, 2020 118. Amendment of […]...

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CBIC issues 9 GST Notification & one Instruction on 24.06.2020

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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Extension of GST Due dates and Clarification on interest

The Central Board of Indirect Taxes and Customs (CBIC) has issued notifications and circular under GST Laws to implement the relief measures due to outbreak of Covid-19 and Nationwide lockdown. The relief includes relaxation from interest, late fees for filing of GSTR 1 and GSTR 3B. Summary of the notifications and circular is presented i...

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Summary of GST Notifications Published on 24th June 2020

CA Viral K. Chheda CBIC issued 10 Notification/Instructions on 24.06.2020 to give effect to amendments made by Finance Act, 2020, to substitute table annexed to Rule 7 related to GST Composition Dealers specifying GST Composition Scheme Tax Rates, to Notify Amendments related to interest to be payable as per section 50 of the CGST Act [&h...

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Further Extensions in relation to GST Act on 24th June 2020

In view of the challenges faced by taxpayers in meeting the statutory and regulatory compliance requirements across sectors due to the outbreak of Novel Corona Virus (COVID-19), The government has again come up with Notifications on providing relief to the taxpayers :- The 1st CGST Notification : Notification No. 49/2020 – Central Tax ...

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CBIC reduces interest rate for tax periods from Feb to July 2020

Notification No. 05/2020 –Integrated Tax [G.S.R. 410(E)] (24/06/2020)

CBIC lowered interest rate for tax periods from February, 2020 to July, 2020 for delayed filing of GSTR 3B vide Notification No. 05/2020 –Integrated Tax Dated 24th June, 2020. Ministry of Finance (Department Of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 05/2020–Integrated Tax New Delhi, the 24th June, 2020...

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Amendment to section 25 of IGST Act, 2017 notified wef 30.06.2020

Notification No. 04/2020 –Integrated Tax [G.S.R. 409(E)] (24/06/2020)

CBIC notifies 30th day of June, 2020 as date of applicability of section 134 of Finance Act, 2020 vide which In section 25 of the Integrated Goods and Services Tax Act, 2017, in sub-section (1), in the proviso, for the words ‘three years’, the words ‘five years’ was substituted. Notification No. 04/2020 –Integrat...

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CBIC clarifies on manner of calculation of interest & Late Fees

Circular No.141/11/2020-GST (24/06/2020)

CBIC clarified on Manner of calculation of interest for taxpayers having aggregate turnover above Rs. 5 Cr., Manner of calculation of interest for taxpayers having aggregate turnover below Rs. 5 Cr. and Manner of calculation of late fee vide Circular No. 141/11/2020-GST Dated 24th June, 2020. Circular No. 141/11/2020-GST CBEC-20/06/04-202...

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Rate of Credit Note on Change in GST Rates of Goods or Services – Old or New

Credit notes issued after change in rate of tax in respect of goods or services When ever there is a rate change in the goods or services, the tax payers need to revisit their cost structures and business process. Though anti profiteering is one of the major concerns, one key confusion that arises is whether […]...

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Availment of ineligible drawback & IGST: Search & seizure by DRI justified

Shri Vishnu Processors Vs Union of India and others (Punjab and Haryana High Court)

The issue under consideration is whether the Search and resultant seizure of documents and record by Director of Revenue Intelligence is justified under Customs Act, 1962?...

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Zero Rated Supply in IGST Act has not been Zero Rated

Under VAT or GST system of levy of tax on sale or supply of goods or services, a zero rated supply is understood as a sale or supply of goods or services or both on which tax is not payable and person making zero rated supply is entitled for claiming benefit of input tax credit […]...

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GST on ex-factory inter-State supplies

In re M/s. Penna Cement Industries Limited (GST AAR Telangana)

In re M/s. Penna Cement Industries Limited (GST AAR Telangana) In case of ex-factory inter-State sales affected by the applicant, the goods are made available by the supplier to the recipient at the factory gate, but this is not the point where movement terminates since the recipient subsequently assumes the charge for transportation of t...

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Summary of Various Reliefs provided to Taxpayers in GST (Updated)

Summary of Various Reliefs provided to Taxpayers in GST Due to COVID-19 pandemic and challenges faced by taxpayers, Government has extended dates for GST filings. These are notified vide Notifications 51 to 54/2020 dated 24.06.2020 and Notification No 57/2020-CT dated 30.06.2020. A Circular No. 141/1/2020-GST dated 24th June, 2020 has als...

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GST Implications on Hotels & Restaurant Industry

Indian tourism industry is a major contributor to the Indian Economy, and it is expected that it will grow at a higher pace in times to come and become a major revenue earning industry for the Government. Hotels and restaurants are a major component of the tourism industry and can be termed as the backbone […]...

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Import of Services- Taxation & Exemption under GST

Import of Services under GST means supply of service, where:- i) Supplier located outside India. ii) Recipient located in India. iii) Place of supply In India Transaction compiling all the above three conditions will constitute import of service. Scope of Supply: As per section 7(1)(b) import of service is specifically included in scope o...

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Process of Refund of ITC or IGST paid on export supply of Goods

A person can make the export supply of goods by making payment of Integrated GST and refund can be claimed for the same. Further exports can be made without making payment of IGST after the submission of Bond/LUT. In such cases, a refund of accumulated Input Tax Credit on expenses may arise....

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CBIC notifies conditional lowering of interest rate for GSTR 3B

Notification No. 3/2020 – Integrated Tax [G.S.R. 242(E)] (08/04/2020)

CBIC notifies provisions to provide relief by conditional lowering of interest rate for tax periods of February, 2020 to April, 2020 vide Notification No. 3/2020 – Integrated Tax Dated 8th April, 2020. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 3/2020 – ...

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No IGST liability on ocean freight and hence collected IGST will be refunded

Gokul 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, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way of […]...

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Refund of Tax Paid In Wrong Head-CGST/SGST Vs IGST

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 […...

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Amendment in GST Rule 96(10) – Sigh of relief to Goods Exporters

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 […]...

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When GST Refund not available for Exporters

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 […]...

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ITC Refund in Zero Rated Supply – Simplified Calculation

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 […]...

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Place of supply for B2B MRO services to be location of recipient: CBIC

Notification 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–Integrated Tax New Delhi, the 25th March, 2020 G...

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CBIC revises IGST rate of Matchsticks & Telephone Sets

Notification 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-Intergrated Tax (Rate) New Delhi, the 25th ...

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IGST reduced to 5% on MRO services of aircraft with full ITC

Notification 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 (Department of Revenue) Notification No. 02/202...

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Place of Supply of goods in India- Part 1

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 […]...

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Apportionment of ITC in cases of business reorganization

Circular 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 of Finance Department of Revenue Central ...

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Higher Rate of Duty Drawback & IGST Refund under GST Regime

Duty Drawback provisions are made to grant rebate of duty or tax chargeable on any imported / excisable materials and input services used in the manufacture of export goods. The duties and taxes neutralized under the scheme are (i) Customs and GST in respect of inputs and (ii) GST in respect of input services. Duty […]...

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Nature of Supply in GST

Supply of goods or Services IN GST has to determine whether the supply is 1. Inter-state Supply or 2. Intra-state Supply in GST which is After the Above segregation one can determine the right taxes on the supply which is as follows: 1. if it is Inter- State Supply —— > Tax – IGST 2. […]...

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Racket busted of firms falsely claiming GST refund against ITC

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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Transfer of title in goods is liable to GST

Schedule II of CGST Act 2017 determines the list of activities to be considered as supply of goods/Services and as per entry at Sl No. 1 of schedule II , any transfer of the title in goods is a supply of goods and liable to GST. In response of query by M/s. Automative Components Technolory […]...

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IGST paid under RCM eligible for ITC

In 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) of the IGST Act 2017 respectively. The [&...

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Place of Supply – Analysis of Sections 10(1)(a) and 10(1)(b)

Before analyzing the above provisions we should first know that a supplier is liable to pay correct type of tax i.e. IGST or CGST & SGST. The Supplier is liable to pay correct tax. If he paid tax incorrectly he may be penalized....

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Case registered for fraudulently claiming IGST refunds

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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Whether Levy On Ocean Freight Amounts To Double Taxation? An Analysis

Freight paid to the shipping liners or shipping companies for the transportation of export goods and imported goods through Sea is called as ocean freight. The levy of tax on Ocean freight is not a new concept. The legacy of tax statute has been continued in the GST regime, on Ocean freight or transportation of goods by sea was a taxable ...

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IGST refund allowed even if CG imported under EPCG Scheme for the period of 01.07.2017 to 12.10.2017

IGST refund allowed even if CG imported under EPCG Scheme for the period of July 1, 2017 to October 12, 2017 The Hon’ble HC, Gujarat in the matter of M/S Prince Spintex Pvt Ltd v. Union of India [R/Special Civil Application No. 20756 of 2018 dated February 3, 2020] allowed refund of IGST paid on […]...

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HC: No Interest if IGST wrongly paid inadvertently as CGST

The Hon’ble HC, Jharkhand in the matter of Shree Nanak Ferro Alloys Pvt. Ltd.  vs. Union of India [W.P.(T) No. 2246 of 2019 dated December 18, 2019] directed the Petitioner to deposit the amount of Rs. 41,98,642/-, under the Integrated Goods and Service Tax (“IGST”) head, towards the liability of September, 2017 and quashed the [&h...

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Interest Not Payable where IGST wrongly paid inadvertently as CGST

In Shree Nanak Ferro Alloys (P.) Ltd. v. Union of India, it is held by High Court of Jharkhand that interest is not payable by the petitioner where petitioner had inadvertently paid tax under head CGST, instead of IGST, and as such it was not a case of short payment. Facts of the Case:- The […]...

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GST Audit: 2018-19 and heap of amendments

GST in India is known for extensions. Since 2001 when the than government talked about its implementation, it has story of date extensions and it’s implementation got extended many times. Similarly, after its introduction w.e.f 1st July, 2017 extensions of dates for different provisions continued and at many times things failed to happe...

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IGST: CBIC notifies rate of GST on supply of lottery

Notification 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 exercise of the powers conferred by sub-s...

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GST Sikkim- Submit invoice/bill of supply at respective validation centre

Office Order No. 149/GOS/LTD/2020 (17/02/2020)

All individuals or registered firms carrying any consignment of goods valued below Rupees fifty thousand without valid e-waybill declaration, shall/is liable to submit a copy of purchase invoice/bill of supply at respective validation centre of the State. The purchase invoice/bill of supply in question shall cover all purchase whether fo...

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Notifications levying IGST on importer on Ocean Freight is Unconstitutional

Whether Notification No. 8/2017-Integrated Tax (Rate), dated 28.6.2017 and Entry 10 of the Notification No.10/2017-Integrated Tax (Rate), dated 28.6.2017 are ultra vires to the Integrated Goods and Services Tax Act, 2017 and unconstitutional?...

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No interest liability when IGST amount wrongly deposited as CGST

Shree 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 the amount wrongly deposited under CGST...

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FINANCE BILL, 2020 – Analysis of Proposed Amendment Under GST

. In all 16 amendments have been proposed under the CGST Act, 2017 by virtue of clauses 116 to 131 of the Finance Bill, 2020. Parallel 2 amendments have been proposed under the IGST Act, 2017 by virtue of clauses 132 & 133 of the Finance Bill, 2020. Also parallel 4 amendments have been proposed under the UT GST Act, 2017 and one amendment...

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Budget 2020 | Proposed amendment to CGST & IGST Act, 2017

Proposed amendment to CGST Act, 2017 & IGST Act, 2017 [Clause 116 to 129 of Finance Bill, 2020] [These sections shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint] Hon’ble FM Speech A simplified return shall be implemented from the 1st April, 2020 Refund process has ...

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IGST on Ocean Freight Unconstitutional/Double Taxation

High Court concluded 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 of transportation of goods by a vessel from a place outside India upto the customs station of clearance in India and the levy and collectio...

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IGST on Ocean Freight as Ultra Vires & Unconstitutional : Gujarat HC

Synopsis: In a landmark judgment in the case of Mohit Mineral Pvt. Ltd. v. UOI [Special Civil Application No. 726/2018 decided on January 23, 2020], the Hon’ble Gujarat HC has declared levy of Integrated Goods and Services Tax (“IGST”) on ocean freight & corresponding notifications as ultra-vires the IGST Act, 2017 for lacking l...

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GST not leviable on Ocean Freight for transportation of goods by foreign seller: HC

Mohit 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 clearance in India and the levy and coll...

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GST on Ocean Freight – A failed Tax Adventure?

1. The Central Government had issued Notification No. 8/2017-Integrated Tax (Rate), dated 28.06.2017, notifying the rate of IGST for the services described therein and also the conditions in certain cases. 2. Section 9(3) of the CGST Act, 2017 and 5(3) of the IGST Act, 2017 empowers the Central Government, on the recommendation of the GST...

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CBIC notifies CGST & IGST Act sections effective from 01.01.2020

CBIC notifies certain sections in the Finance (No.2) Act, 2019 pertaining to CGST & IGST Act, effective from 1st January 2020 The Central Board of Indirect Taxes & Customs (CBIC) has notified the following Sections of the Finance (No.2) Act, 2019 which pertain to various sections in the Central Goods and Services Tax Act, 2017 [&h...

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Section 17A of IGST Act 2017 Applicable from 01st January, 2020

Notification No. 01/2020–Integrated Tax [G.S.R. 3(E)] (01/01/2020)

Vide Finance (No. 2) Act, 2019 Government has inserted Section 17A after After section 17 of the Integrated Goods and Services Tax Act, 2017 (IGST Act, 2017), which will come into effect from 1st day of January, 2020 as notified by Notification No. 01/2020–Integrated Tax dated : 01st January, 2020. Text of new section 17A […]...

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IGST: New service under reverse charge mechanism

Notification No. 28/2019-Integrated Tax (Rate) [G.S.R. 973(E)] (31/12/2019)

Notification No. 28/2019-Integrated Tax (Rate)– To amend notification No. 10/2017-Integrated Tax (Rate) so as to notify certain services under reverse charge mechanism (RCM) as recommended by GST Council in its 38th meeting held on 18.12.2019. Government of India Ministry of Finance (Department of Revenue) Notification No. 28/2019- ...

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IGST exemption on certain services | 38th GST Council meeting

Notification No. 27/2019-Integrated Tax (Rate) [G.S.R. 972(E)] (31/12/2019)

Notification No. 27/2019-Integrated Tax (Rate) – To amend notification No. 9/2017-Integrated Tax (Rate) so as to exempt certain services as recommended by GST Council in its 38th meeting held on 18.12.2019. Government of India Ministry of Finance (Department of Revenue) Notification No. 27/2019-Integrated Tax (Rate) New Delhi, the 3...

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Refunds of only Rs. 3,604 Crores are pending with Customs: CBIC

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...

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IGST: Changes in GST rate on goods | 38th GST Council Meeting

Notification No. 26/2019-Integrated Tax (Rate) (30/12/2019)

Notification No. 26/2019-Integrated Tax (Rate)- Notification No. 01/2017-Integrated Tax (Rate) amended to change the rate of GST on goods as per recommendations of the GST Council in its 38th Meeting. GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 26/2019-Integrated Tax (Rate) New Delhi, the 30th December...

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How to claim refund of ITC & tax paid on exports of goods or services

How to claim refund of Input Tax Credit and tax paid on exports of goods or services Here, we aim to discuss the new procedures around claiming refund of GST for businesses engaged in export of goods or services. Earlier due to the unavailability of electronic fund module on common portal, a temporary mechanism was […]...

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DGGI Mumbai busts major IGST refund racket, arrests one

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. ...

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Govt clarifies on change in the constitution of GOM on IGST

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...

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Intermediary and Export of Services under GST

Under GST, tax is levied on the taxable supply of goods/services. Tax is applicable on the taxable services supplied in India. In the GST regime, intermediary services by Indian suppliers to foreign principals are taxed to GST. In common parlance, any person who enables the supply of goods/services between two persons, is considered as in...

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GST Liability of Accommodation Services Provided To A SEZ Unit

Special Economic Zone (SEZ) unit a designated duty-free enclave and is treated as foreign territory for trade operations, duties and tariffs. Since introduction of SEZ scheme in India, the Government have been provided the beneficial provisions in SEZ Acts and SEZ Rules for duty free procurement of goods from the abroad as import as well ...

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Interest eligibility on IGST refunds for risky exporters

In recent times IGST refund on exports is being suspended by the customs department to some of genuine exporters also on a ground that some exporters are claiming IGST refunds fraudulently by bogus ITC bills or fraudulent ITC claims. In this article we are analyzing the legality of such withholding of refunds & the implication of interest...

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Levy of IGST on Supply in the Course of Import

Article 269A (1) & Article 246A of the Constitution give powers to the Parliament to make law to provide levy and collection of goods and services tax on supply of goods or services or both where such supply takes place in the course of inter-State trade or commerce, and for apportionment of such collected tax […]...

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IGST: Bus body building includes building of body on chassis of any vehicle

Notification No. 25/2019- Integrated Tax (Rate) [G.S.R. 871(E).] (22/11/2019)

Seeks to insert explanation regarding Bus Body Building in Notification No. 8/2017-Integrated Tax (Rate) dt. 28.06.2017 which is 'For the purposes of this entry, the term 'bus body building' shall include building of body on chassis of any vehicle falling under chapter 87 in the First Schedule to the Customs Tariff Act, 1975.'...

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IGST exemption vis-à-vis pre-import condition

Prior to introduction of the GST, the exemption was available for all types of customs duties including CVD (Additional customs duty popularly known as countervailing duty) and SAD (Special Additional duty or countervailing duty for sales tax). The notification expressly permitted the duty-free imports even after fulfillment of the export...

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Levy & Apportionment of Integrated Goods and Services Tax

The Constitution of India provides that the Parliament may, by law, provide the manner in which goods and services tax, collected on following supplies of goods or services or both, shall be apportioned in between the Union and the States, namely:- (i) supply of goods or services or both in the course of inter-State trade […]...

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CBIC issues 43 notifications on 30th September 2019

CBIC issues 43 notifications on 30th September 2019 to give effect to Recommendations made by GST Council in its 37th Meeting. Most of the changes are effective from 1st October 2019 and includes changes in Custom Law, CGST, IGST and UTGST Law. Changes includes changes in Rates on certain Products and Services, Applicability of Reverse [&...

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IGST: Grant of alcoholic liquor licence is not a supply of goods/service

Notification No. 24/2019-Integrated Tax (Rate) [G.S.R 745(E)] (30/09/2019)

Seeks to notify the grant of alcoholic liquor licence neither a supply of goods nor a supply of service as per Section 20(i) of IGST Act read with Section 7(2) of CGST Act vide Notification No. 24/2019-Integrated Tax (Rate) dated 30th September, 2019. Government of India Ministry of Finance (Department of Revenue) Notification No. 24/2019...

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IGST: CBIC amends entry related to GST on cement under RCM

Notification No. 23/2019- Integrated Tax (Rate) [G.S.R 742(E)] (30/09/2019)

CBIC amends notification No. 07/2019 – Integrated Tax (Rate), dated the 29th March, 2019 by amending the entry related to cement vide Notification No. 23/2019-Integrated Tax (Rate) dated 30th September, 2019. Government of India Ministry of Finance (Department of Revenue) Notification No. 23/2019- Integrated Tax (Rate) New Delhi, th...

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