GST – Grant of regular bail – offence punishable under Section 132 (1) (a), (b) and (c) of Goods & Services Tax Act, 2017 – issuance of fake invoices to get input tax credit – main accused have not be
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Customs – Validity of Pre-import conditions – Exemption from integrated tax and GST compensation cess – benefit of N/N. 18/2015- Cus – Import against Advance Authorisation – Duty Exemption/Remission S
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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 9-3-2019 – GST laws have been amended w.e.f. 01.02.2019 which inter alia includes amendment in manner of taking input tax credit amongst three formats of GST vis IGST, CGST and SGST. This has resulted in undue hardship to many taxpayers across the country. Goods and services tax involves two equal components on any transaction, CGST and SGST / UTGST. Inter-state supplies attract integrated goods and services tax (IGST), which is eventually apportioned between the Union and state Governments. Law Prior to 1st February, 2019 Section 49 of the CGST Act, 2017 contains provisions in relation to payment of tax, interest, penalty and other amounts. Sub-section 5 in relation to input tax credit states as under: The amount of input tax credit available in the electronic credit ledger of the registered person on account of- integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any,
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against CGST and then against IGST, and SGST can be set off against SGST and then against IGST. The Government has amended CGST Act, 2017 vide CGST Amendment Act, 2018 with various changes w.e.f 01.02.2019 and one of the important amendment was made in Section 49 of CGST Act by introducing new section 49A to the CGST Act, 2017. Accordingly, the balance in credit ledger can be used only for making the payment of tax as CGST, SGST or IGST. Besides, the balance in such ledger will get reduced by amount of refund in case sought under the provisions of the Act. The credit ledger shows the balance of credit lying in CGST, SGST or IGST. The amount under various heads of credit could be used in the following order of preference: IGST can be used: For payment of tax as IGST For payment of tax as CGST For payment of tax as SGST CGST can be used: For payment of tax as CGST For payment of tax as IGST, in case balance is available SGST can be used: For payment of tax as SGST In case balance availab
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ation of the input tax credit on account of integrated tax, central tax, State tax or Union territory tax, as the case may be, towards payment of any such tax Accordingly, Government has changed the order of setoff of input tax credit by introducing section 49A w.e.f. 01.02.2019 according to which, IGST Credit shall be set off fully before taking any setoff of CGST or SGST, which means earlier CGST/SGST ITC was used to set-off CGST /SGST liability, as the case may be, but now IGST Credit has to be first utilized fully for payment of IGST then for CGST and then for SGST liability as the case may be, even before utilization of ITC of CGST or SGST. The following matrix explains the manner of credit w.e.f. 01.02.2019 for any tax payments to be made: Payment for First set off from Then set off from SGST IGST SGST CGST IGST CGST IGST IGST CGST and SGST Change and impact The new amendment in the manner of taking audit will impact the working of taxpayers so much so that there will be less amo
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the tax of the SGST should be paid from the cash ledger even when there is credit in the CGST head. ₹ 50 is to paid in cash. Thus, IGST credit is to be used against IGST and also IGST first need to be set off against CGST and then only CGST credit can be set off against CGST. Also, the ITC of CGST can t be utilized against the SGST or vice-versa. One of the major positive impact for the states and revenue (and adverse for assesses) of the change in matrix for claiming input tax credit w.e.f. 1st February, 2019 will be that it will force the taxpayers to pay IGST out of pocket inspite of there being unutilized credit of CGST or SGST or UTGST lying in their electronic credit ledger. They cant use such input tax credit unless the IGST has been fully exhausted. Not only this, another major concern arising out of this amendment is that it restricts the seamless flow of ITC to the taxpayer across the board which will also impact the working capital requirements as well as increase the
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GST – Started By: – SUBRAHMANYAM S – Dated:- 8-3-2019 Last Replied Date:- 9-3-2019 – Is GSTR-1 due date extended to 31.03.2019 for all assessees? Who can take the benefit of Notification No. 48 /2018 and Order No. 01/2019 ? – Reply By Ganeshan Kalyani – The Reply = Notification No. 48/2018-CT dated 10.09.2018 provides extension of due date for filing GST TRAN-1 not beyond 31.03.2019 n respect of registered person who could not submit the said return by the due date on account of technical diffi
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GST – Started By: – Madhavan iyengar – Dated:- 8-3-2019 Last Replied Date:- 9-3-2019 – a automobile component manufacturer has a committed volume of 10000 parts supply to a automobile company and if this voulme is not lifted by the auto company compensation is payable since the volume has not been committed by the automobile company and they agree to compensate the auto component supplier for a particular amount issue: gst would be applicable on this compensation given by automobile company to
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GST – Started By: – ACCOUNTS MANAGER – Dated:- 8-3-2019 Last Replied Date:- 9-3-2019 – Dear Experts, Good Afternoon……. I have query regarding short receipt of material against job work. For your reference I have provided you working table below. Annexure No. Date From To Item sent Item Name Qty Sent Value UOM Received Qy Value UOM Remarks JANX18-19/0136 02-Jul-18 STORE-1 INDUS.XRAY PFLRAM00GPKN RAM : Packing 200 2,000 Kg 200 2,000 Kg In this case 200 Qty send and 200 Received. Hence no issu
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GST – Valuation under GST – the cost of the tools supplied by the OEM customer on FOC basis to the Appellant is not required to be added to the value of the components supplied by the Appellant – the
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GST – lassification of goods – marine paints – ‘marine paints’ are in no way an integral piece of a ship which would in any way form the whole ship. – This may be mandatory requirement for the sail wo
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GST – Classification of goods – Reactor – the product manufactured by the Appellant does not merit classification under the subheading 8413 91- as “Hand Pumps and parts thereof” – TMI Updates – Highlights
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GST – E-way bill – prima facie, revenue seeks to impose penalty, redemption fine and confiscation under section 130 of the Act without initiating any proceedings under section 129 of the Act, which is
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GST – Bail application – input tax credit – obtaining invoices without delivery of the goods – offence punishable u/s 132 – by imposing stringent conditions if the petitioners are ordered to be releas
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GST – Profiteering – printing cartridges – The passing of the benefit by the distributor or retailer does not rest on the fact that the manufacturer or his supplier should have passed on the same bene
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GST – Started By: – SURYAKANT MITHBAVKAR – Dated:- 8-3-2019 Last Replied Date:- 9-3-2019 – In case of purchase of notified goods from unregistered suppliers, Reverse charge mechanism shall be applicable to notified registered persons w.e.f. 01.02.19Regarding the above GST Council will issue separate notification on those goods/services only RCM Applicable.Is there any notification issue ?If yes what is effective date of that notification either 01.02.19 or latest date – Reply By DR.MARIAPPAN GO
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Goods and Services Tax – GST – Dated:- 8-3-2019 – The GST law mandates filing of annual return in FORM GSTR -9 and FORM GSTR-9A. Vide Order No 3/2018-Central Tax, dated 31.12.18, the last date for filing the Annual Return for the Financial Year 2017-18 has been extended to 30th June 2019. It is being informed to the trade and industry that the form is now available on the common portal for filing and taxpayers are requested to file their returns at the earliest. Taxpayers may please exercise ca
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GST – Started By: – Prem Choudhary – Dated:- 8-3-2019 Last Replied Date:- 12-3-2019 – Dear Expert As per amendment in Section 17(5)(b) CGST Act, 2017 as amended by the CGST (Amendment) Act, 2018 w.e.f 1st February, 2019, allows input tax credit in respect of such goods or services or both, where it is obligatory for an employer to provide the same to its employees under any law for the time being in force. The canteen is obligatory in Factories Act 1948 therefore We can take Credit of Canteen bills of food and beverages exp. 1. if Canteen is given on contract then Credit of contractor bills can take credit 2. if maintained by Company self ,then ITC on material consumed in canteen can be take credit please advice if any contrary views. – Re
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s of notification no.13/2018 C.T(R) dated 26th July, 2018 – the rate of tax is 5% with a condition that input tax charged on goods and services used in supplying the service has not been taken. Further such supply would be treated as exempted supply for the purpose of proportionate reversal of ITC under Rule 42 of CGST Rules, 2017. Summary – If you are not recovering anything from employees (i.e. you don't have any outward canteen supplies) you are eligible for input tax credit under recent CSGT Amendment Act w.e.f. 01.02.2019. If you are recovering from employees then the ITC will be blocked through virtue of notification no.13/2018-C.T(R) dated 26th July 2018. – Reply By Prem Choudhary – The Reply = Sirs my query is 1. if Canteen is g
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GST – States – Order No. 3/2019-State Tax – Dated:- 8-3-2019 – GOVERNMENT OF WEST BENGAL FINANCE DEPARTMENT REVENUE THE WEST BENGAl GOODS AND SERVICES TAX (THIRD REMOVAL OF DIFFICULTIES) ORDER, 2019 NOTIFICATION No. 395-F.T. Dated, Howrah, the 8th day of March, 2019 Order No. 3/2019-State Tax Whereas, clause (c) of sub-section (3) of section 31 the West Bengal Goods and Services Tax Act, 2017 (West Ben.Act XXVIII of 2017) (hereinafter referred to as the said Act) provides that a registered pers
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GST – States – Order No. 03/2019 – Dated:- 8-3-2019 – COMMERCIAL TAX DEPARTMENT NOTIFICATION The 8th March 2019 Removal of Difficulty Order No. 03/2019- State Tax S.O. 53, Dated 8th March 2019.- Whereas, clause (c) of sub-section (3) of section 31 the Bihar Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act) provides that a registered person supplying exempted goods or services or both or paying tax under the provisions of section 10 shall issue, instead of a
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GST – States – 33/GST-2 – Dated:- 8-3-2019 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Order The 8th March, 2019 No.33/GST-2. Whereas, clause (c) of sub-section (3) of section 31 the Haryana Goods and Services Tax Act, 2017 (19 of 2017) provides that a registered person supplying exempted goods or services or both or paying tax under the provisions of section 10 shall issue, instead of a tax invoice, a bill of supply, and therefore any person not covered by the said clause has to issue
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GST – States – 32/GST-2 – Dated:- 8-3-2019 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 8th March, 2019 No. 32/GST-2.- In exercise of the powers conferred by sub-section (1) of section 9, sub-section (1) of section 11, sub-section (1) of section 16 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017) (hereinafter referred to as the said Act ), the Governor of Haryana, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby notifies that the State tax, on the intra-State supply of goods or services or both as specified in column (1) of the Table below, shall be levied at the rate specified in the corresponding entry in column (2), subject to the conditions as specified in the corresponding entry in column (3) of the said table below, namely:- Table Description of supply Rate (per cent.) Conditions (1) (2) (3) First supplies of goods or services or both upto an aggregate turnover of fifty
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annexure. 2. Where more than one registered person are having the same Permanent account Number, issued under the Income Tax Act, 1961 (43 of 1961), State tax on supplies by all such registered persons is paid at the rate specified in column (2) under this notification. 3. The registered person shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax. 4. The registered person shall issue, instead of tax invoice, a bill of supply as referred to in clause (c) of sub-section (3) of section 31 of the said Act with particulars as prescribed in rule 49 of Haryana Goods and Services Tax Rules. 5. The registered person shall mention the following words at the top of the bill of supply, namely:- taxable person paying tax in terms of Haryana Government, Excise and Taxation Department, notification No.32/GST-2, dated 08.03.2019, not eligible to collect tax on supplies‟. 6. The registered person opting to pay state tax at the ra
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tion shall not include the supplies from the first day of April of a financial year to the date from which he becomes liable for registration under the Act. ANNEXURE Serial Number Tariff item, sub-heading, heading or Chapter Description (1) (2) (3) 1 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa. 2 2106 90 20 Pan masala 3 24 All goods, i.e. Tobacco and manufactured tobacco substitutes 2. In computing aggregate turnover in order to determine eligibility of a registered person to pay state tax at the rate of three percent under this notification, value of supply of exempt services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account. 3. Explanation. -For the purpose of this notification, – (i) tariff item , sub-heading , heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapters specified in the First Schedule to the Custo
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GST – States – 31/GST-2 – Dated:- 8-3-2019 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 8th March, 2019 No. 31/GST-2.- In exercise of the powers conferred under the proviso to sub-section (1) of section 10 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017) (hereafter referred to as the said Act ), and in supersession of the Haryana Government, Excise and Taxation Department, notification No. 34/ST-2, dated 30th June, 2017, except as things done or omitted to be done before such supersession, the Governor of Haryana, on the recommendations of the Council, hereby specifies that an eligible registered person, whose aggregate turnover in the preceding financial year did not exceed one crore and fifty lakh rupe
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of the goods, the description of which is specified in column (3) of the Table below and falling under the tariff item, sub-heading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2) of the said Table, namely:- TABLE Serial Number Tariff item, sub-heading, heading or Chapter Description (1) (2) (3) 1 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa. 2 2106 90 20 Pan masala. 3 24 All goods, i.e. Tobacco and manufactured tobacco substitutes. Explanation. – (i) In this Table, tariff item , sub-heading , heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapters as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).
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GST – States – 30/GST-2 – Dated:- 8-3-2019 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 8th March, 2019 No.30/GST-2.- In exercise of the powers conferred by section 148 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017) (hereafter referred to as the said Act ), the Governor of Haryana, on the recommendations of the Council, hereby notifies the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons, who shall follow the special procedure as mentioned below for furnishing the details of outward supply of goods or services or both. 2. The said registered persons shall furnish the details of outwar
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GST – States – 29/GST-2 – Dated:- 8-3-2019 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 8th March, 2019 No.29/GST-2.- In exercise of the powers conferred by sub-section (2) of section 23 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017) (hereafter referred to as the said Act ), the Governor of Haryana, on the recommendations of the Council, hereby specifies the following category of persons, as the category of persons exempt from obtaining registration under the said Act, namely,- Any person, who is engaged in exclusive supply of goods and whose aggregate turnover in the financial year does not exceed forty lakh rupees, except, – (a) persons required to take compulsory registration under section 24 of the
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GST – States – 28/GST-2 – Dated:- 8-3-2019 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 8th March, 2019 No. 28/GST-2.- In exercise of the powers conferred by section 168 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017) (hereafter in this notification referred to as the said Act) read with sub-rule (5) of rule 61 of the Haryana Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commissioner, on the recommenda
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GST – States – 27/GST-2 – Dated:- 8-3-2019 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 8th March, 2019 No.27/GST-2.- In exercise of the powers conferred by second proviso to sub-section (1) of section 37 read with section 168 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017) (hereafter referred to as the said Act ), the Commissioner, on the recommendations of the Council, hereby extends the time limit for furnishing the details of outward supplies in FORM GST
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2019 (3) TMI 542 – ALLAHABAD HIGH COURT – TMI – Extension of time limit for filing of GST TRAN-1 – transitional credit – transition to GST regime – Held that:- The respondents are directed to open the portal before 31st of March 2019. In the event they do not do so, they will entertain the GST TRAN-1 of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner – List this matter on 10.04.2019. – Writ Tax No. – 268 of 2019 Dated:- 8-3-2019 – Bharati Sapru And Piyush Agrawal JJ. For the Petitioner : Kedar Nath Kumar,Vishnu Kesarwani For the Respondent : A.S.G.I.,C.S.C.,Dhananjay Awasthi ORDER Heard Sri Vishnu Kesarwani, learned counsel for the petitioner, Sri Vaibhav Tripathi, learned C
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m of the respondent no.2 did not respond, as a result of which the petitioner is likely to suffer loss of the credit that it is entitled to by passage of time. In view of the above, the respondents are directed to open the portal before 31st of March 2019. In the event they do not do so, they will entertain the GST TRAN-1 of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner. They will also ensure that the petitioner is allowed to pay its taxes on the regular electronic system also which is being maintained for use of the credit likely to be considered for the petitioner. Learned Counsel for the respondents may file a counter affidavit within a month. List this matter on 10.04.20
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