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Goods and Services Tax : Meerut CGST Commissionerate exposes a syndicate claiming fraudulent Input Tax Credit of over Rs. 1,000 crore through 232 fake firm...
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Goods and Services Tax : Bombay High Court rules on Konkan LNG vs Commissioner of State Tax case, denying GAIL subsidiary input tax credit for breakwater-w...
Goods and Services Tax : Read the Madras High Court's decision on GST non-reporting issues in monthly and annual returns, despite clerical errors claimed b...
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Goods and Services Tax : Explore the detailed minutes and recommendations from a recent Grievance Redressal Meeting chaired by the Principal Chief Commissi...
Goods and Services Tax : Catch up on the latest CBIC updates including legacy cases, gold smuggling bust, GST fraud crackdown, and inspiring achievements. ...
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Banks are registered under service tax in the category of Banking and Financial Services. They collect and pay service tax on its various incomes such as commissions, bank charges, documentation charges, processing fees etc. levied on its customers.
It is well settled law that PAYMENT UNDER MISTAKE OF LAW — MISTAKE DISCOVERED ON NOTICING HIGH COURT DECISION — REFUND IS ALLOWED
Goods and Services Tax, as the name suggests is a tax on every supply of goods and/or services. GST is a metamorphic reform, which is finding its way towards the final stage i.e. implementation slowly and steadily.
Model GST Law published on 25th Nov 2016 prescribes certain conditions and eligibility for taking input tax credit. As per Section 16 (1) Every registered taxable person is eligible subject to the time and manner specified in Section 44 and be entitled to take credit of input tax charged on any supply of goods or services to him which are used or intended to be used in the course or furtherance of his business.
In every value added taxation structure, Input tax credit remains the backbone of such tax structures as it removes the cascading effect of taxes. In GST also being a value added tax, it is the intention of the lawmakers to allow seamless flow of credit in the supply chain and remove cascading effect of taxes.
A list of exclusions has been provided wherein it is specified that the credit shall not be available for motor vehicles and other conveyances except when used for making taxable supplies like supply of such conveyances, transportation of passengers, imparting training or driving or for transportation of goods.
Above quote of Chanakya the great Indian philosopher and economist reminds us of the mechanism of Input Tax Credit which is akin, since Government by giving needed credits for the inputs ensures that only right amount of taxes are collected
Model GST law provides a comprehensive and continuous chain of ‘set-off’ benefits from the producer’s point and the service provider’s point upto retailer’s level.
Before understanding the Input tax credit under GST Law it is essential to understand the changes made in earlier Law i.e. CENVAT under Rule ,2004 to the new law. After giving the due consideration, it is clear from the given table below that except few minor changes, Capital Goods under Rule 2(a) and Section 2[20] are same.
The Hon’ble Punjab & Haryana High Court in a crucial decision has held that input tax credit cannot be disallowed merely for a technical defect in the VAT Invoice such as non mentioning of words “Input Tax Credit is available to a person against this copy” as per Rule 54 of the Punjab VAT Rules, 2005.