IGST

IGST on Ocean Freight Unconstitutional/Double Taxation

Goods and Services Tax - 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

Goods and Services Tax - 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 on Ocean Freight – A failed Tax Adventure?

Goods and Services Tax - 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

Goods and Services Tax - 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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How to claim refund of ITC & tax paid on exports of goods or services

Goods and Services Tax - 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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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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DGGI Mumbai busts major IGST refund racket, arrests one

Goods 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. ...

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Govt clarifies on change in the constitution of GOM on IGST

Goods 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...

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CBIC issues 43 notifications on 30th September 2019

Goods and Services Tax - 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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DGGI (HQs) arrests two in cases of fraudulent IGST refund claims

Goods and Services Tax - Two Arrests have been made by the Directorate General of GST Intelligence (HQs) in cases of fraudulent IGST refund claims here, today. As per the statement of the DGGI (HQs), the action was taken on receipt of an input from Allahabad Bank, Paschim Vihar, New Delhi that suspicious transactions were noticed in the accounts of […]...

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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 ...

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Address lacunas in scheme formulated for IGST Refund: HC to CBIC

Sales 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....

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HC allows refund of IGST after adjusting higher rate of duty drawback

G NXT Power Corp Vs Union of India (Kerala High Court) - G NXT Power Corp Vs Union of India (Kerala High Court) After hearing the counsel on the adjustment, the Court has suggested refund of IGST after adjusting the higher rate of duty drawback availed by the petitioner without refunding IGST amount. The counsel have consented to disposing of the writ pet...

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Department to pay Interest on delay in Grant of IGST refund to Exporters @9% p.a

Saraf Natural Stone Vs UOI (Gujarat High Court) - Saraf Natural Stone Vs UOI (Gujarat High Court) After implementation of GST, refund on exports got substantially delayed to most of the exporters resulting into blockage of working capital and harming the business of exporter community. In a recent Judgement delivered by The Hon’ble Gujarat High C...

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Circular cannot run contrary to Statutory Provisions to deny IGST Refund

M/s. Amit Cotton Industries vs. Principal Commissioner of Customs (Gujarat High Court) - M/s. Amit Cotton Industries vs. Principal Commissioner of Customs (Gujarat High Court) Circular cannot run contrary to Statutory Provisions –Guj HC orders grant of IGST Refund Facts: Writ-applicant had exported goods in July 2017. It is the case of the writ-applicant that it is eligible to seek re...

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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...

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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 (Departmen...

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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. 27/201...

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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...

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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 th...

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Recent Posts in "IGST"

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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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