input tax credit

Detailed Analysis of ITC on CSR Expenditure

Goods and Services Tax - In a recent ruling, the Uttar Pradesh Authority for Advance Ruling (‘AAR’) has ruled that Input Tax Credit (ITC) shall be available on expenses incurred to comply with the requirements of Corporate Social Responsibility (CSR) under Companies Act, 2013 (CSR Expenses)....

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Is Post Facto GST Registration Cancellation Affects ITC already claimed?

Goods and Services Tax - In this article, we will discuss about the scenario where Input Tax Credit denied to the bona-fide purchasing dealer owing to the default on the part of the selling dealer. Nowadays, the GST officers has started issuing notice demanding reversal of Input Tax Credit availed on purchase made from Registered Tax payers (RTPs) whose registrat...

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De-linking of Debit Notes for ITC – A Judicial perspective

Goods and Services Tax - Amended Section 16(4) to de-link ITC on Debit Note with Invoice fails to get stamping of Gujarat AAR in case of M/s I-Tech Plast Input tax credit is a beneficial piece of legislation but subject to various conditions and limitations prescribed under Section 16 and 17 of CGST Act, 2017. One of the conditions contained […]...

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ITC not available on promotional items distributed FOC to their distributors/franchisees

Goods and Services Tax - The Hon’ble AAR, Karnataka in Re: M/s Page Industries Limited [Advance Ruling No. KAR ADRG 54/2020 dated December 15, 2020] held that assessee is in essence not eligible to claim input tax credit (ITC) on promotional products/materials and marketing items used in promotion of their brand and marketing their products which is distributed...

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Whether charging of ITC under Goods and Services Tax Act 2017 is Nightmare?

Goods and Services Tax - Under the Goods and Services Tax Act 2017 though the input tax credit is projected as one of the incentives, but it is not so easily seen or visualized for the benefit of the tax payers. Let us examine the background of input tax credit given under the statute and now proposed is it to […]...

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New Features of Form GSTR-2B & GSTR-3B Made Available To Taxpayers Under QRMP Scheme

Goods and Services Tax - New Features of Form GSTR-2B & GSTR-3B Made Available To Taxpayers Under QRMP Scheme 1. The new features related to filing of Statement/ Returns by taxpayers under QRMP Scheme, for the quarter Jan-Mar., 2021, which has been made available to them are summarized below. Also Read:Updates in Forms GSTR-1, GSTR-3B & Matching Offline T...

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CGST West Delhi officials arrest man for ITC fraud of around Rs. 9 crore

Goods and Services Tax - Based upon specific intelligence, the officers of the Anti Evasion branch of Central Goods and Service Tax (CGST) Commissionerate, Delhi (West) have unearthed a case of availment/utilization and passing on of inadmissible input tax credit (ITC) through goods less invoices of Rs 9 crore (approx). The operation involved floating of multiple...

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CGST Delhi officials arrest man for ITC fraud of around Rs 94 crore

Goods and Services Tax - The officers of CGST Delhi North Commissionerate upon data analysis and gathering of intelligence zeroed in on Shri Krishan Kumar who was involved in creating and operating fake firms using identification documents of his friends/employees....

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Taxpayers are free to utilise ITC available in their credit ledger

Goods and Services Tax - Unconfirmed reports have appeared in certain sections of the media that some GST officers are using unauthorised communication means such as phone calls, WhatsApp and messages asking taxpayers to discharge  'maximum tax liability' in 'cash' in order to ensure that targets for revenue collection from GST  for the financial year are met....

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2 Person Arrested in case of fake invoice of Rs. 93 Cr.

Goods and Services Tax - CGST Ghaziabad Commissionerate arrested 2 persons including the mastermind in case of issuance of fake invoice of Rs. 93 Cr. by creating 25 fake firms and passing of inadmissible ITC of approx Rs. 16 Cr. by conducting searches at 18 locations. PRESS NOTE CGST COMMISSIONERATE, GHAZIABAD ARRESTES TWO PERSONS IN CASE OF ISSUANCE OF FAKE [&he...

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No ITC on pipeline for unloading Propane/Butane from Vessel/Jetty to Terminal

In re SHV Energy Private Limited (AAR GST Tamilnadu) - In re SHV Energy Private Limited (AAR GST Tamilnadu) 1. Whether the applicant is eligible for availment of input tax credit of GST paid on goods and services for laying of transfer pipeline and the foundation and structural support for such pipeline which is intended for unloading Propane/Butane fro...

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HC imposes cost on revenue for filing frivolous GST appeals on Transitional Credit Issue

Commissioner of GST & Central Excise Vs Checkpoint Apparel Labeling Solutions India Pvt. Ltd (Madras High Court) - Commissioner of GST Vs Checkpoint Apparel Labeling Solutions India Pvt. Ltd (Madras High Court) We are constrained to observe that the Revenue Department, cannot be permitted to file such frivolous appeals by way of intra court appeals. The documents discussed above and quoted by us clearly establis...

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Non-Payment of GST – ITC availed by Buyer- HC Quashes notice to Buyer as seller not questioned

D.Y. Beathel Enterprises Vs State Tax Officer (Data Cell) (Madras High Court) - D.Y. Beathel Enterprises Vs State Tax Officer (Data Cell) (Madras High Court) Section 16 of CGST Act, 2017 provides that Input Tax Credit (ITC) could be availed by the buyer if GST is paid by the seller. Thus, in case of non-payment of GST, who should be questioned, the seller or the buyer? It can [...

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Madras HC directs Govt to Facilitate uploading of Form TRAN-1

Anand Distributors Vs Union of India (Madras High Court) - Anand Distributors Vs Union of India (Madras High Court) There can be no doubt that the petitioner made effort to upload the details in the web portal. Even according to the respondents, though Rule 117 of CGST Rules, 2017, originally stipulates that Form TRAN-1 is filed within 90 days, there was a ...

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Running of Business by Manager not sufficient ground for Bail in GST Evasion Case

Smt. Chhaya Devi Vs Union Of India (Andhra Pradesh High Court) - Smt. Chhaya Devi Vs Union Of India (Andhra Pradesh High Court) Admittedly in the case in hand the applicant is the proprietor of the company and is responsible to the company for conduct of the business of the company, even if the business is being managed by the so-called manager. The offence alleg...

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Implementation of PMT-03 to re-credit the ITC sanctioned as refund

Advisory No. 8/2021- Refunds - (20/04/2021) - he PMT-03 functionality available at present in the online refund module is only for re-crediting of the rejected amount that has been debited at the time of filing of refunds. In order to enable the operationalisation of re-crediting of ITC sanctioned as refund towards tax wrongly paid or paid in e...

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GST ITC Mismatch and How to apply for ITC verification

No.F.16 (100) Tax / CCT / 14-15 /2656-2663 - (12/03/2021) - Rajasthan Government notifies the manner for the verification of deposit of tax (GST) for the purpose of allowing the Input Tax Credit (ITC) for demands pertaining to assessments years upto 2017-18, where the demands have been created for want of verification of Input Tax Credit claimed by a dealer....

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Input Tax Credit claimed on ITC Blocked transactions – reg

Trade Circular No. 1/2021 - (30/01/2021) - As you are aware, though the general rule in GST is free flow of input tax credit (ITC),it is not available in respect of certain inward supplies of goods or services as per section 17(5) of the GST Acts. These are commonly known as blocked credits. The statutory provisions are explained below for r...

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DGGI Gurugram arrests one for fraudulently availing ITC of Rs 8 crore

Release ID: 1687151 - (08/01/2021) - The Directorate General of GST Intelligence (DGGI) Gurugram Zonal Unit (GZU), Haryana has arrested one Shri Sanjay Goel, resident of New Delhi on charges of illegally availing and passing on input tax credit (ITC)  on goods-less invoices....

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Myths vs. Facts on CGST Notification to curb Fake invoice frauds

NA - (23/12/2020) - in order to curb the GST fake invoice frauds the Government on the recommendations of the GST Council’s Law Committee has issued notification to deal with the menace of fraudsters who avail and pass on ineligible ITC by fake or fly-by night firms....

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Recent Posts in "input tax credit"

Detailed Analysis of ITC on CSR Expenditure

In a recent ruling, the Uttar Pradesh Authority for Advance Ruling (‘AAR’) has ruled that Input Tax Credit (ITC) shall be available on expenses incurred to comply with the requirements of Corporate Social Responsibility (CSR) under Companies Act, 2013 (CSR Expenses)....

Read More

No ITC on pipeline for unloading Propane/Butane from Vessel/Jetty to Terminal

In re SHV Energy Private Limited (AAR GST Tamilnadu)

In re SHV Energy Private Limited (AAR GST Tamilnadu) 1. Whether the applicant is eligible for availment of input tax credit of GST paid on goods and services for laying of transfer pipeline and the foundation and structural support for such pipeline which is intended for unloading Propane/Butane from the Vessel/Jetty to the Terminal? The ...

Read More

HC imposes cost on revenue for filing frivolous GST appeals on Transitional Credit Issue

Commissioner of GST & Central Excise Vs Checkpoint Apparel Labeling Solutions India Pvt. Ltd (Madras High Court)

Commissioner of GST Vs Checkpoint Apparel Labeling Solutions India Pvt. Ltd (Madras High Court) We are constrained to observe that the Revenue Department, cannot be permitted to file such frivolous appeals by way of intra court appeals. The documents discussed above and quoted by us clearly establish beyond doubt that the Assessee had bee...

Read More

Implementation of PMT-03 to re-credit the ITC sanctioned as refund

Advisory No. 8/2021- Refunds 20/04/2021

he PMT-03 functionality available at present in the online refund module is only for re-crediting of the rejected amount that has been debited at the time of filing of refunds. In order to enable the operationalisation of re-crediting of ITC sanctioned as refund towards tax wrongly paid or paid in excess by debiting the credit ledger, a n...

Read More

Is Post Facto GST Registration Cancellation Affects ITC already claimed?

In this article, we will discuss about the scenario where Input Tax Credit denied to the bona-fide purchasing dealer owing to the default on the part of the selling dealer. Nowadays, the GST officers has started issuing notice demanding reversal of Input Tax Credit availed on purchase made from Registered Tax payers (RTPs) whose registrat...

Read More

Non-Payment of GST – ITC availed by Buyer- HC Quashes notice to Buyer as seller not questioned

D.Y. Beathel Enterprises Vs State Tax Officer (Data Cell) (Madras High Court)

D.Y. Beathel Enterprises Vs State Tax Officer (Data Cell) (Madras High Court) Section 16 of CGST Act, 2017 provides that Input Tax Credit (ITC) could be availed by the buyer if GST is paid by the seller. Thus, in case of non-payment of GST, who should be questioned, the seller or the buyer? It can […]...

Read More

Madras HC directs Govt to Facilitate uploading of Form TRAN-1

Anand Distributors Vs Union of India (Madras High Court)

Anand Distributors Vs Union of India (Madras High Court) There can be no doubt that the petitioner made effort to upload the details in the web portal. Even according to the respondents, though Rule 117 of CGST Rules, 2017, originally stipulates that Form TRAN-1 is filed within 90 days, there was a periodical extension and […]...

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De-linking of Debit Notes for ITC – A Judicial perspective

Amended Section 16(4) to de-link ITC on Debit Note with Invoice fails to get stamping of Gujarat AAR in case of M/s I-Tech Plast Input tax credit is a beneficial piece of legislation but subject to various conditions and limitations prescribed under Section 16 and 17 of CGST Act, 2017. One of the conditions contained […]...

Read More

Running of Business by Manager not sufficient ground for Bail in GST Evasion Case

Smt. Chhaya Devi Vs Union Of India (Andhra Pradesh High Court)

Smt. Chhaya Devi Vs Union Of India (Andhra Pradesh High Court) Admittedly in the case in hand the applicant is the proprietor of the company and is responsible to the company for conduct of the business of the company, even if the business is being managed by the so-called manager. The offence alleged against the […]...

Read More

ITC not available on promotional items distributed FOC to their distributors/franchisees

The Hon’ble AAR, Karnataka in Re: M/s Page Industries Limited [Advance Ruling No. KAR ADRG 54/2020 dated December 15, 2020] held that assessee is in essence not eligible to claim input tax credit (ITC) on promotional products/materials and marketing items used in promotion of their brand and marketing their products which is distributed...

Read More

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