input tax credit

Refund of ITC On Capital Goods – A Possible Perspective

Excise Duty - – CA Venkat Prasad. P & CA Lakshman. K Background 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 […]...

Clarifications on refund related issues – Circular 135/05/2020-GST

Excise Duty - CBEC has issued Circular No. 135/05/2020-GST dated 31/03/2020 clarifying certain confusions under refund of GST. The summary of same reproduced below: 1. Bunching of refund claims across Financial Years: Vide circular No 125/44/2019-GST dated 18.11.2019, claiming refund by bunching across different Financial years was restricted. As per t...

Clubbing of GST Refund Claim across Financial Years is Permissible

Excise Duty - Need for clubbing of refund claim across financial years arises while claiming refund of Input Tax Credit for exports, It is possible that input tax credit may be received in a month while exports may be made in subsequent month....

Is Amendment of Rule 61(5) enough to Make GSTR 3B – A Return Under Section 39(1)

Excise Duty - As per law, the form, manner and time within which a return under Section 39 is to be furnished was to be prescribed. Sub rule (1) and (5) of Rule 61 were prescribed vide Notification No. 10/2017 – Central Tax dated 28th June 2017 which prescribed GSTR 3 as the return under Section 39 and […]...

ITC Refund in Zero Rated Supply – Simplified Calculation

Excise Duty - 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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Firm busted for claiming bogus Input Tax Credit of around Rs 281 Crores

Excise Duty - In an investigation led by CGST Meerut team has prima facie revealed issuance of GST invoices of Rs. 1,708 crores from a chain fake firms/companies operating from Delhi, Moradabad and Meerut, involving fraudulent ITC of about Rs 281 crores. The fraud amount may exceed on further probe....

Delhi CGST detects fraudulent ITC to the tune of Rs. 24 crores

Excise Duty - Officers of Anti-Evasion, CGST, Delhi East, have unravelled an operation involving availment of fraudulent Input Tax Credit on the basis of fake invoices and evasion of GST by utilizing the said fraudulent ITC to the tune of Rs. 24 crores apprx by M/s Shub Conductors LLP. Investigation was initiated against Shub Conductors LLP on intellig...

Permit availment of GST ITC pertaining to Financial Year 2018-19

Excise Duty - ICAI made a Request for permitting availment of input tax credit under GST pertaining to Financial Year 2018-19 by extending the due date for taking the input tax credit for invoices pertaining to Financial Year 2018-19 and it is also suggested that same may be kept in line with due date of filing of Annual […]...

Remove Restriction in availment of ITC imposed by Rule 36(4)

Excise Duty - It is requested that Restriction in availment of input tax credit (ITC) imposed by Rule 36(4) of CGST Rules, 2019 be withdrawn from the retrospective effect as imposition of such restriction on the flow of credit based on the invoices uploaded by the suppliers would hit the taxpayers adversely, especially to those taxpayers who have [&hel...

Racket busted of firms falsely claiming GST refund against ITC

Excise 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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Handwritten Serial Number cannot be the reason for denial of ITC

Krupa Trading Company Vs C.C.E. & S.T. (CESTAT Ahmedabad) - Krupa Trading Company Vs C.C.E. & S.T. (CESTAT Ahmedabad) The short issue involved in the present case is that whether the denial of Cenvat Credit by the Adjudicating Authority for the reason that invoices of input service bear handwritten serial number is correct or otherwise. It is clear from ...

Cenvat credit on Tour Operator Service used for pick-up & drop of employees

Taj Sats Air Catering Ltd. Vs CCGST (CESTAT Mumbai) - The issue involved in the matter is whether the Cenvat credit of service tax paid on 'Tour Operator Service' used for pick-up and drop of employees of the Appellant to and fro Andheri and Kurla to their office premises is admissible as ‘input service’ under Rule 2(l) of Cenvat Credit Rules, 2004...

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) o...

AP HC stays recovery of Section 50 Interest on ITC under GST

Srinidhi Marketing Vs Union of India (Andhra Pradesh High Court) - Considering facts that as per Section 50 of the Central Goods and Services Act, 2017, interest is payable on the delayed payment of tax and that as per the interest statement filed along with the impugned letter, dated 07.02.2020, there was delay in filing GSTR-3B and hence, interest on 'cash set of...

HC on uploading Form GST TRAN-1 to take credit of Transitional ITC

Schwing Stetter India Ptd. Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) - Schwing Stetter India Ptd. Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) The sum and substance of the prayer of the petitioners is that they are unable to upload Form GST TRAN-1 to take credit of the Input Tax /Service Tax/Central Excise Duty availed by them at the time of mig...

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

Notification No. 02/2020–Central Tax (Rate) [G.S.R. 1209(E).] - (25/03/2020) - CBIC amends Notification No. 11/2017-Central Tax (Rate) dt. 28.06.2017 reducing CGST rate on Maintenance, Repair and Overhaul (MRO) services in respect of aircraft from 18% to 5% with full ITC vide Notification No. 02/2020–Central Tax (Rate) Dated- 25th March, 2020. MINISTRY OF FINANCE (Department...

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

Notification No. 03/2020-Union Territory Tax (Rate) [G.S.R. 1211(E).] - (25/03/2020) - CBIC amends Notification No. 11/2017-Union Territory Tax (Rate) dt. 28.06.2017 reducing UTGST rate on Maintenance, Repair and Overhaul (MRO) services in respect of aircraft from 18% to 5% with full ITC vide Notification No. 02/2020–Union Territory Tax (Rate) dated 25th March, 2020 Ministry of Fina...

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 (Depart...

Clarification on issues under GST for companies under IBC, 2016

Circular No. 134/04/2020-GST - (23/03/2020) - CBIC issues Clarification in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016 vide Circular No. 134/04/2020-GST Dated-23rd March, 2020. Circular No. 134/04/2020-GST CBEC-20/16/12 /2020 -GST Government of India Ministry of Finance Department of Revenue Central ...

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 o...

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