input tax credit

Does denial of adjustment of Electronic Credit Ledger balance against GST Pre-deposit tantamount to double taxation ??

Goods and Services Tax - Does denial of adjustment of Electronic Credit Ledger balance against GST Pre-deposit tantamount to double taxation ?? Right to file an appeal is the statutory right granted by Tax Laws of the country. Under the GST law, any person aggrieved by the impugned order passed by the assessing authority is entitled to file an appeal […]...

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Burning issues in GST Input Tax Credit (ITC)

Goods and Services Tax - Respected, Speaker Mr. CA Bimal Jain Sir has deliberated on topic “Burning issues in GST ITC” in Webinar conducted by “Tax Experts’ Pan India and Tax Kerala (Malayalam Business Magazine)” on 23.11.2021. Based on the issues discussed on topic I have prepared a detailed Note as given below. I have taken consent of Mr. Bimal [&...

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Denying ITC based on comparison of GSTR 3B & GSTR 2A is unjustified

Goods and Services Tax - Since past two years and more, GST Authorities are denying the credit of input taxes as claimed in GSTR 3B Return based on the comparison of GSTR 3B and GSTR 2A. As per the GST Act, there is no provision which lays down any provision which could deny the ITC based on GSTR 3B and […]...

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Availability of ITC if not appearing in GTSR-2A –Shree Ganesha of Litigation

Goods and Services Tax - Availability of ITC if not appearing in GTSR-2A –Shree Ganesha  of Litigation: – ( Pertaining to FY 2017-18 , 2018-19 & some Part of FY 2019-20) Many Registered Dealer under GST (either suo-moto or as per legal advice or due to prevalent practice) conservatively have not availed the ITC of the invoices not reflected in [&hell...

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Benefit of ITC can’t be frustrated on ground of technicalities

Goods and Services Tax - Madras High Court held that if there is substantial compliance, denial of benefit of Input Tax Credit (ITC) which is a beneficial scheme and framed with the larger public interest of bringing down the cascading effect of multiple taxes ought not to be frustrated on the ground of technicalities....

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Fake ITC worth Rs. 12 crores busted by Thane CGST; One Arrested

Goods and Services Tax - Fake Input Tax Credit racket worth Rs. 12 crores busted by Thane CGST; One Arrested The officers of CGST Thane Commissionerate acting on specific intelligence developed by CIU, Mumbai CGST Zone, booked an anti-evasion case and arrested the Proprietor of M/s. Star Scrap Steel. The firm is involved in trading of Ferrous Waste and Scrap; [&h...

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CGST Officials unearth ITC fraud of around Rs 34 crore involving 7 firms

Goods and Services Tax - CGST Officials unearth input tax credit fraud of around Rs 34 crore involving 7 firms Based upon specific intelligence, the officers of the Anti Evasion branch of Central Goods and Service Tax (CGST) Commissionerate, Delhi (East) have unearthed a case of availment/utilization and passing on of inadmissible input tax credit (ITC) through b...

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3 arrested for running fake firms and evading GST

Goods and Services Tax - The Gurugram Zonal Unit (GZU) of Directorate General of GST Intelligence (DGGI) has arrested three persons under the provisions of the GST Act on charges of running multiple fake firms on the strength of fake documents in two different cases....

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Thane CGST arrests one person for ITC Fraud Of Rs. 90.68 crores

Goods and Services Tax - Thane CGST arrests one person for Input Tax Credit Fraud Of Rs. 90.68 crores In a major drive initiated against fraudsters who are availing and utilizing fake Input Tax Credit (ITC) Thane Central GST Commissionerate, Mumbai CGST Zone has arrested a mastermind  who  had  opened a firm  M/s. Doshi Marketing and was operating from Bhayan...

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Delhi CGST Officials arrest 1 for fraudulently claiming ITC of Rs 134 crore

Goods and Services Tax - The officers of Central Goods and Services Tax (CGST) Commissionerate, Delhi East, carried out the detailed analysis and unearthed a network of fictitious exporters who were availing and utilizing fake Input Tax Credit (ITC) of Rs 134 crore under the Goods and Services Tax (GST) with an intent to claim IGST refund fraudulently....

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GST Evasion: Bail granted to person accused of wrongfully claiming ITC

Rajendra Mansingbhai Rathod Vs The State of Gujarat (Court of 5th Additional Sessions Judge at : Bhavnagar) - He further submitted that the applicant has not played any role in the present offence and has been falsely implicated by the department. He further submitted that this is not a case of applicant being bogus dealer, doing activity of passing fake invoices and fraudulent ITC....

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ITC eligible on services for Operation & Maintenance of Vessels

In re Sikka Ports & Terminals Limited (GST AAR Gujarat) - In re Sikka Ports & Terminals Limited (GST AAR Gujarat) Whether the Applicant is entitled to avail Input Tax Credit (‘ITC’) on services procured for the operation and maintenance of Diving Support Vehicle owned by them and used by it for supplying port and terminal handling services and Whet...

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ITC not eligible on leasing charges of Land to be used for construction of administrative block/ factory etc.

In re GACL NALCO Alkalies & Chemical Pvt. Ltd. (GST AAR Gujarat) - In re GACL NALCO Alkalies & Chemical Pvt. Ltd. (GST AAR Gujarat) Whether GNAL is entitled to claim Input Tax Credit of the GST paid on the services provided by GACL in the form of agreeing to surrender/ relinquish its rights in the leasehold property in favour of GNAL? Law makes it explicitly cl...

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GST Evasion accused released on regular bail after 2½ years

Manish Vs State of Haryana (Punjab and Haryana High Court) - The petitioners are alleged to have floated bogus firms and by entering into bogus transactions with bigger firms, they were getting huge amounts deposited in the bank accounts of the bogus firms so floated and were eventually facilitating the big firms to save on GST in a fraudulent manner...

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HC Refuses Anticipatory Bail to Person accused of Wrongfully Claiming ITC

Premprakash Bansal Vs State of Maharashtra (Bombay High Court) - Premprakash Bansal Vs State of Maharashtra (Bombay High Court) Heard learned Counsel for the parties. 2. Apprehending arrest in Crime No. 0178 of 2021 registered with APMC Police Station, Navi Mumbai for the offences punishable under Section 420, 406 and 34 of the I.P.C, Applicant seeks pre-arrest ...

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Review of Input Tax Credit blocked under Rule 86A by field formations

Memo No. 5994 /GST-II - (30/11/2021) - It is brought to your notice that Rule 86A of the HGST Rules, 2017, provides for disallowing debit of ITC from Electronic Credit Ledger by a registered person under specific circumstances....

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GST evasion of Rs. 250 crores detected | ITC of Compensation Cess

D.O.No.97/CH(IC)/2020 - (15/11/2021) - Mumbai has made a detection of evasion of Rs. 265 crores and recovered Rs. 250 crores, which is praiseworthy. This is a case of availing ITC of Compensation Cess on coking coal used for captive consumption. The credit of unutilized cess was being consequently claimed as refund on products exported....

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Guidelines for disallowing debit of electronic credit ledger under Rule 86A

CBEC-20/16/05/2021-GST/1552 - (02/11/2021) - CBIC issued Guidelines for disallowing debit of electronic credit ledger under Rule 86A of the CGST Rules, 2017. It explains Grounds for disallowing debit of an amount from electronic credit ledger, Proper authority for the purpose of Rule 86A, Procedure for disallowing debit of electronic credit le...

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Availability of Input Tax Credit (ITC) for FY 2020-21

509 - (17/10/2021) - 1. As per Section 16(4) of CGST Act, 2017, no taxpayer shall take input tax credit in respect records (invoices and debit notes) for supply of goods or services (or both) for Financial Year 2020-21 after the due date of furnishing the return for the month of September 2021. The due date for the GSTR...

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CBIC clarifies on issuance of debit note, physical copy of invoice & refund of unutilized ITC

Circular No. 160/16/2021-GST - (20/09/2021) - Whether carrying physical copy of invoice is compulsory during movement of goods in cases where suppliers have issued invoices in the manner prescribed under rule 48 (4) of the CGST Rules, 2017 (i.e. in cases of e-invoice)....

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Recent Posts in "input tax credit"

GST Evasion: Bail granted to person accused of wrongfully claiming ITC

Rajendra Mansingbhai Rathod Vs The State of Gujarat (Court of 5th Additional Sessions Judge at : Bhavnagar)

He further submitted that the applicant has not played any role in the present offence and has been falsely implicated by the department. He further submitted that this is not a case of applicant being bogus dealer, doing activity of passing fake invoices and fraudulent ITC....

Read More

Does denial of adjustment of Electronic Credit Ledger balance against GST Pre-deposit tantamount to double taxation ??

Does denial of adjustment of Electronic Credit Ledger balance against GST Pre-deposit tantamount to double taxation ?? Right to file an appeal is the statutory right granted by Tax Laws of the country. Under the GST law, any person aggrieved by the impugned order passed by the assessing authority is entitled to file an appeal […]...

Read More

Fake ITC worth Rs. 12 crores busted by Thane CGST; One Arrested

Fake Input Tax Credit racket worth Rs. 12 crores busted by Thane CGST; One Arrested The officers of CGST Thane Commissionerate acting on specific intelligence developed by CIU, Mumbai CGST Zone, booked an anti-evasion case and arrested the Proprietor of M/s. Star Scrap Steel. The firm is involved in trading of Ferrous Waste and Scrap; [&h...

Read More

Burning issues in GST Input Tax Credit (ITC)

Respected, Speaker Mr. CA Bimal Jain Sir has deliberated on topic “Burning issues in GST ITC” in Webinar conducted by “Tax Experts’ Pan India and Tax Kerala (Malayalam Business Magazine)” on 23.11.2021. Based on the issues discussed on topic I have prepared a detailed Note as given below. I have taken consent of Mr. Bimal [&...

Read More

ITC eligible on services for Operation & Maintenance of Vessels

In re Sikka Ports & Terminals Limited (GST AAR Gujarat)

In re Sikka Ports & Terminals Limited (GST AAR Gujarat) Whether the Applicant is entitled to avail Input Tax Credit (‘ITC’) on services procured for the operation and maintenance of Diving Support Vehicle owned by them and used by it for supplying port and terminal handling services and Whether the Applicant is entitled to avail [...

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ITC not eligible on leasing charges of Land to be used for construction of administrative block/ factory etc.

In re GACL NALCO Alkalies & Chemical Pvt. Ltd. (GST AAR Gujarat)

In re GACL NALCO Alkalies & Chemical Pvt. Ltd. (GST AAR Gujarat) Whether GNAL is entitled to claim Input Tax Credit of the GST paid on the services provided by GACL in the form of agreeing to surrender/ relinquish its rights in the leasehold property in favour of GNAL? Law makes it explicitly clear that […]...

Read More

Denying ITC based on comparison of GSTR 3B & GSTR 2A is unjustified

Since past two years and more, GST Authorities are denying the credit of input taxes as claimed in GSTR 3B Return based on the comparison of GSTR 3B and GSTR 2A. As per the GST Act, there is no provision which lays down any provision which could deny the ITC based on GSTR 3B and […]...

Read More

GST Evasion accused released on regular bail after 2½ years

Manish Vs State of Haryana (Punjab and Haryana High Court)

The petitioners are alleged to have floated bogus firms and by entering into bogus transactions with bigger firms, they were getting huge amounts deposited in the bank accounts of the bogus firms so floated and were eventually facilitating the big firms to save on GST in a fraudulent manner...

Read More

Review of Input Tax Credit blocked under Rule 86A by field formations

Memo No. 5994 /GST-II 30/11/2021

It is brought to your notice that Rule 86A of the HGST Rules, 2017, provides for disallowing debit of ITC from Electronic Credit Ledger by a registered person under specific circumstances....

Read More

Availability of ITC if not appearing in GTSR-2A –Shree Ganesha of Litigation

Availability of ITC if not appearing in GTSR-2A –Shree Ganesha  of Litigation: – ( Pertaining to FY 2017-18 , 2018-19 & some Part of FY 2019-20) Many Registered Dealer under GST (either suo-moto or as per legal advice or due to prevalent practice) conservatively have not availed the ITC of the invoices not reflected in [&hell...

Read More

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