input tax credit

Reversal of ITC on goods (raw materials) if Finished Goods gets destroyed

Goods and Services Tax - The CGST Act, 2017 read with respective State GST Act(s), has been enacted with one of its main objectives being to ensure a continuous flow of input tax credit at each stage of value addition. In this regards, certain relevant provisions of the said Act have been produced below for reference....

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Impact of New ITC Rule 36(4) of CGST Rules, 2017

Goods and Services Tax - Article on impact of circular No. 123/42/2019 –GST dated.11.11.2019 (Restriction in availment of input tax credit of sub-rule (4) of rule 36 of CGST Rules, 2017) under GST Law, 2017) on business community under GST Scenario. Dear Colleagues, good morning. You are all aware that CBIC has given Circular on Restriction in availment of inpu...

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How to deal with 20% restriction on availment of Input Tax Credit

Goods and Services Tax - Article explains What’s the restriction on Input Tax Credit under GST, On what Invoices/debit notes is the restriction on Input Tax Credit under GST imposed,  Calculation of restriction of Input Tax Credit under GST, Amount of ITC to be availed under GST, What would be the impact of the restriction on Input Tax Credit under […]...

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Probable Consequences of Non-Compliance with 20% Input Tax Credit Restriction

Goods and Services Tax - 20% CAPPING OF ELIGIBLE CREDIT IN GSTR 2A Amendment to Rule 36(4) Of CGST Rules 2017 Vide Notification No. 49/2019 – Central Tax 09-10-2019 on 20% ITC Restriction Guided by Circular No. 123/42/2019– GST 1) Ques :What is 20% Restriction on ITC as per Notification No 49/2019 ? Ans :Input tax credit to be availed […]...

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No ITC of CGST Paid in Other State

Goods and Services Tax - Q. Whether the Input Tax Credit of Central Tax Paid in Haryana be Available to the Applicant who is Registered in Rajasthan State? In other words, ITC of the Central tax charged in Haryana is not available as in this case both the location of the supplier and the place of supply of the services are in the State of Haryana....

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DGGI, Gurugram, busts racket issuing fake GST invoices of more than Rs 136 Crores

Goods and Services Tax - irectorate General of GST Intelligence (DGGI), Gurugram Zonal Unit, Gurugram arrested Sh. Rajiv Gupta on 23.10.2019, partner in M/s RST Batteries, Mundka Delhi and Director of M/s RST Batteries Pvt. Ltd Bahadurgarh, Haryana for orchestrating a racket involving fake invoices valued at more than Rs 136 crores thereby defrauding the Governme...

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Restriction on Input Tax Credit under GST- 5 Issues which needs clarification

Goods and Services Tax - Representation with respect to newly inserted sub-rule (4) of Rule 36 of the Central Goods and Services Tax Rules 2017- and 5 issues on which CBIC needs to issue Immediate clarification - Impact on small suppliers filing GSTR 1 on quarterly basis, Input tax Credit differences arising out of month end movement of goods or services, Input T...

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Extend due date to take Input Tax Credit for Financial Year 2018-2019

Goods and Services Tax - As per the above provision the last date for taking input tax credit for the Financial Year 2018 — 2019 is 20th October 2019 We humbly submit the following practical issues before your good self: Last date for Income Tax Audit under section 44AB is extended till 31st October 2019. It is respectfully submitted over and above the tax pay...

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CBIC issues 6 New GST Notifications on 09th October 2019

Goods and Services Tax - CBIC issues 6 New GST Notifications on 09th October 2019 to give effect to decisions of 37th GST Council Decisions and also to make amendments in Central Goods and Services Tax Rules 2017. Vide These Notifications CBIC Notifies Due Date Of GSTR 3B And GSTR 1, CBIC further notifies that GST Annual Return is voluntary […]...

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Fake GST Invoice: Two Persons arrested for fraudulently availing ITC

Goods and Services Tax - Two Persons arrested for involving in fake invoices racket & fraudulently availing Input Tax Credit The Directorate General of GST Intelligence (DGGI), Gurugram Zonal Unit (GZU), Haryana has arrested two persons namely Sh. Gulshan Dhingra resident of Ramesh Nagar, New Delhi and Sh. Sanjay Dhingra resident of Punjabi Bagh, New Delhi wh...

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GST- Wrong availment of input tax credit – HC Denies Bail

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court) - Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court) HC held that Looking to the over all facts and circumstances of the case, gravity of the offence specially the fact that there are serious allegations against the petitioner of wrong availment of input tax credit...

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Builder Guilty of Profiteering as not passed ITC benefit to Flat Buyers

Sh. Kavi Mahajan Vs M/s Heeranandani Realtors Pvt. Ltd (National Anti-Profiteering Authority) - Sh. Kavi Mahajan Vs M/s Heeranandani Realtors Pvt. Ltd (National Anti-Profiteering Authority) Respondent has benefited from the additional ITC to the extent of 10.66% of the turnover during the period from July, 2017 to August, 2918 and hence the provisions of Section 171 of the CGST Act, 2017 have ...

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Mere admitted liability not enough to invoke Section 79 provision of CGST Act

M/s V.N. Mehta & Company Vs Assistant Commissioner (Madras High Court) - GST - Section 79- whether mere admitted liability is enough for invoking the provision under Section 79 of CGST Act - validity of recovery proceedings in the absence of assessment - term amount payable by a person - initiation of proceeding for provisional attachment -...

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ITC under GST available on detachable wooden flooring

In re Wework India Management Private Limited (GST AAR Karnataka) - The input tax credit of GST can be availed by the applicant on the detachable 14 mm Engineered wood with Oak top wooden flooring which is movable in nature and capitalized as furniture and The input tax credit of GST is not available on the detachable sliding and stacking glass partitions....

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Power to attach Bank Account provisionally-Irregular availment of ITC

Pranit Hem Desai Vs Additional Director General & 1 Other(S) (Gujarat High Court) - Pranit Hem Desai Vs Additional Director General (Gujarat High Court) Section 83 of the State GST Act empowers the Assessing Authority to make a provisional attachment of any property of the assessee during the pendency of any proceeding for the assessment or reassessment of any turnover, even though...

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CBIC clarifies on 20 Percent Restriction on ITC

Circular No. 123/42/2019– GST - (11/11/2019) - The conditions and eligibility for the ITC that may be availed by the recipient shall continue to be governed as per the provisions of Chapter V of the CGST Act and the rules made thereunder. This being a new provision, the restriction is not imposed through the common portal and it is the responsib...

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Amendment in CGST Rules & Due dates of GSTR 1 / GSTR 3B

Notification no.44-49/2019- Central Tax dated 09 October 2019 - (26/10/2019) - CBIC issues Notifications relating to filing of returns under GST Central Board of Indirect Taxes and Customs has issued Notifications 44–48/2019 Central Tax dated 9 October 2019 relating to filing of returns under Goods and Services Tax (GST). The key changes are as follows: Notification no. ...

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Restriction on ITC in case of diffrence’ GTR 3B is a Return: CBIC notifies

Notification No. 49/2019-Central Tax - (09/10/2019) - CBIC notifies Central Goods and Services Tax (Sixth Amendment) Rules, 2019 vide Notification No. 49/2019 – Central Tax dated 09-10-2019 and made some important changes as given below- 1. Rule 36(4) inserted in the CGST Rules, 2017- Input tax credit to be availed by a registered person in respe...

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Fraudulent GST Refund claim against fake documents -Reg.

F.No. DGEP/SEZ/49/2019/8156817 - (27/08/2019) - Commissioner GST (Investigation) while explaining the modus operandi of the fraudulent refund claim vide the above referred OM has suggested for issuance of a Circular/Instruction to address and curb the kind of fraud detailed in his letter...

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Guidelines for GST tax payers to report ITC related fields properly

Trade Circular No. 47T of 2019 - (26/08/2019) - Recently, one such case has been noticed, wherein the tax payer of Maharashtra State has not disclosed the ineligible ITC on account of IGST paid on inward interstate supply and import supplies in its periodic returns filed in form GSTR-3B. It resulted in short transfer of IGST funds to the State of...

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Recent Posts in "input tax credit"

Reversal of ITC on goods (raw materials) if Finished Goods gets destroyed

The CGST Act, 2017 read with respective State GST Act(s), has been enacted with one of its main objectives being to ensure a continuous flow of input tax credit at each stage of value addition. In this regards, certain relevant provisions of the said Act have been produced below for reference....

Read More

GST- Wrong availment of input tax credit – HC Denies Bail

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court)

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court) HC held that Looking to the over all facts and circumstances of the case, gravity of the offence specially the fact that there are serious allegations against the petitioner of wrong availment of input tax credit of more than Rs. 40.53 Crores […...

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Builder Guilty of Profiteering as not passed ITC benefit to Flat Buyers

Sh. Kavi Mahajan Vs M/s Heeranandani Realtors Pvt. Ltd (National Anti-Profiteering Authority)

Sh. Kavi Mahajan Vs M/s Heeranandani Realtors Pvt. Ltd (National Anti-Profiteering Authority) Respondent has benefited from the additional ITC to the extent of 10.66% of the turnover during the period from July, 2017 to August, 2918 and hence the provisions of Section 171 of the CGST Act, 2017 have been contravened by the Respondent as [&...

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Impact of New ITC Rule 36(4) of CGST Rules, 2017

Article on impact of circular No. 123/42/2019 –GST dated.11.11.2019 (Restriction in availment of input tax credit of sub-rule (4) of rule 36 of CGST Rules, 2017) under GST Law, 2017) on business community under GST Scenario. Dear Colleagues, good morning. You are all aware that CBIC has given Circular on Restriction in availment of inpu...

Read More

How to deal with 20% restriction on availment of Input Tax Credit

Article explains What’s the restriction on Input Tax Credit under GST, On what Invoices/debit notes is the restriction on Input Tax Credit under GST imposed,  Calculation of restriction of Input Tax Credit under GST, Amount of ITC to be availed under GST, What would be the impact of the restriction on Input Tax Credit under […]...

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Probable Consequences of Non-Compliance with 20% Input Tax Credit Restriction

20% CAPPING OF ELIGIBLE CREDIT IN GSTR 2A Amendment to Rule 36(4) Of CGST Rules 2017 Vide Notification No. 49/2019 – Central Tax 09-10-2019 on 20% ITC Restriction Guided by Circular No. 123/42/2019– GST 1) Ques :What is 20% Restriction on ITC as per Notification No 49/2019 ? Ans :Input tax credit to be availed […]...

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No ITC of CGST Paid in Other State

Q. Whether the Input Tax Credit of Central Tax Paid in Haryana be Available to the Applicant who is Registered in Rajasthan State? In other words, ITC of the Central tax charged in Haryana is not available as in this case both the location of the supplier and the place of supply of the services are in the State of Haryana....

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Clarification of GST Rule 36(4)- Input Tax Credit

Clarification of GST Rule 36(4)- Circular No.123/42/2019 dated 11/11/2019 – Central Tax The newly inserted Rule 36(4) provides that a taxpayer can avail ITC pertaining to outward supplies not declared by his supplier in Form GSTR-1 only to the extent of 20% of the eligible credit available in respect of invoices declared by his sup...

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Certain Incomplete and Incorrect Provisions of ITC in GST

Provisions which grant exemption from tax or which allow benefit of input tax credit adversely affect revenue receipts from goods and services tax. Therefore, while preparing draft of goods and services tax (GST) laws, due precautions are required to be taken. In my opinion, some of the provisions related to availability or admissibility ...

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Input Tax Credit under GST – Detailed Analysis

Input Tax Credit is one of the Key Features of the GST. Input Tax Credit is available on each supply made under GST subject to conditions prescribed. It is a very important topic for the registered person to understand how he can claim input tax credit, when he can claim, which he cannot claim etc.. […]...

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