Blog

May 14, 2018

Exemption from payment of tax under Section 9(4) of CGST Act,2017

The Central Board of Excise and Customs Vide Notification No 10/2018 dated 23/03/2018 exempted the registered taxable person from payment of Goods and Services Tax under Reverse Charge Mechanism for the supplies received from the unregistered supplier till 30/06/2018.....

May 17, 2018

Waiver of Late Fee payable on GSTR 3B

The Central Board of Excise and Customs Vide Notification No 22/2018 dated 14th May 2018 has waived the late fee payable on failure to furnish return in FORM GSTR 3B by the due date for period October 2017 to April 2018 for i) Class of registered persons whose declaration in FORM GST TRAN-1 was submitted but not filed on the common portal on or before the 27th day of December, 2017. ii) Registered persons who have filed the declaration in FORM GST TRAN-1 on or before the 10th day of May, 2018 and the return in FORM GSTR-3B for each of such months, on or before the 31st day of May, 2018.....

May 17, 2018

Recommendations of GST Council

The Press Information Bureau in its Press Release dated 04-05-2018 gave approval for new return design and the key elements of it are as follows: i) One Monthly Return in place of present system ii) Matching of credit based on the invoices uploaded by the seller iii) No automatic reversal of credit on non-payment of tax by the seller iv) Online and automated process for recovery of taxes and reversal of credit claimed without human interface......

Jul 23, 2018

Extension of time for filing return in FORM GSTR-6

The Central Board of Indirect Taxes andCustoms vide Notification No 25/2018–Central Tax dated 31st May, 2018 had extended the due date for furnishing return by an Input Service Distributor in FORM GSTR-6 for the months of July,2017 to June 2018, till the 31st day of July,2018......

Jul 23, 2018

Payment of tax under reverse charge on purchase of Priority Sector Lending Certificate

The Central Board of Indirect Taxes and Customs Vide Notification No 11/2018 –Central tax (Rate) dated 28th May 2018 had brought supply of Priority Sector Lending Certificate by a registered supplier to another registered person under reverse charge mechanism. So,now the recipient is liable to pay tax in case of purchase of the said certificate at the rate of 12%......

Jul 23, 2018

Applicability of Integrated tax on goods supplied while being deposited in a customs bonded warehouse

The Central Board of Indirect Taxes and Customs Vide Circular No 3/1/2018 –IGST dated 25th May 2018 had clarified that integrated tax shall be levied and collected on goods imported and stored in customs bonded warehouse at the time of final clearance of the warehoused goods for domestic consumption and at the time of filing the ex-bond bill of entry.It is also clarified that this circular is applicable for Supply of Warehoused goods i.e., deposited in a customs bonded warehouse, on or after the 1st of April, 2018.....

Aug 06, 2018

Deferment of RCM on procurements made from unregistered person till September 30, 2018

The Central Board of Indirect Taxes and Customs Vide Notification No 12/2018 – Central Tax (Rate) dated 29th June, 2018 has deferred the payment of Goods and Services tax under Reverse Charge Mechanism (RCM) on purchases of taxable supplies from unregistered supplier till 30th day of September 2018. A Similar notification is being issued under IGST Act, vide Notification No 13/2018 – Integrated Tax (Rate)dated 29th June 2018 and under the UTGST Act vide Notification No 12/2018 – Union Territory Tax (Rate) dated 29th June,2018.....

Aug 18, 2018

Special procedure for completing migration of taxpayers who received provisional IDs but could not complete the migration process

Taxpayers migrating to GST from previous tax regime who could not complete the registration process have been provided a procedure by way of a Notification No. 31/2018 – Central Tax so that they can complete the registration process.....

Aug 18, 2018

Deferment of RCM on procurements made from unregistered person extended till September 30, 2019

The Central Board of Indirect Taxes and Customs Vide Notification No 22/2018 – Central Tax (Rate) dated 06th August, 2018 has deferred the payment of Goods and Services tax under Reverse Charge Mechanism (RCM) on purchases of taxable supplies from unregistered supplier till 30th day of September 2019. A similar notification was issued under IGST Act vide Notification No 23/2018 – Integrated Tax (Rate)dated 06th August 2018 and under the UTGST Act vide Notification No 22/2018 – Union Territory Tax (Rate) dated 06th August, 2018......

Aug 18, 2018

Clarification regarding the applicability of GST on petroleum gases retained for the manufacture of petrochemical and chemical products

The Central Board of Indirect Taxes and Customs Vide Circular No. 53/27/2018-GST dated 09/08/2018 has clarified that:- In cases where petroleum gases are supplied by oil refineries to manufacturers on a continuous basis through dedicated pipelines, GST will be payable by the refinery only on the value of net quantity of petroleum gases retained for the manufacture of petrochemical and chemical products......

Aug 18, 2018

Levy of Anti-Dumping Duty on import of Methylene Chloride

Central Board of Indirect taxes and Customs issued Notification No. 38/2018-Customs (ADD) which states that “Levy of Anti-dumping duty on the import of Methylene Chloride from European Union or USA extended till 20-10-2019.”.....

Sep 16, 2018

Clarification regarding the scope of principal-agent relationship under GST Act

The Central Board of Indirect Taxes and Customs Vide Circular No. 57/31/2018-GST has clarified the following: 1) If the invoice for further supply is issued by the agent in his name, then such services will be treated as the services provided by the agent on behalf of the principal and hence, the agent is required to obtain registration mandatorily as required by Section 24 of CGST Act. 2) However, if the agent issues an invoice in the name of the principal, such service shall not be treated as a service provided by the agent to the principal and hence, the agent shall obtain GST registration .....

Sep 16, 2018

Notification of due dates for filing GST returns

The Central Board of Indirect Taxes and Customs Vide Notification No 32/2018, 33/2018, 34/2018 – Central Tax dated 10/08/2018 has introduced a one-time scheme to waive off late fee payable for delayed furnishing of FORM GSTR-1 for the period from July, 2017 to September, 2018 &amp; extended the due dates as under: &nbsp; <table style="width: 282px; height: 88px;"> <tbody> <tr> <td style="width: 72px;">&nbsp; Form</td> <td style="width: 50px;">Period</td> <td style="width: 140px;">Due date for GSTR 1</td> </tr> <tr> <td style="width: 72px;">GSTR 1-Monthly</td> <td style="width: 50px;">July,.....

Oct 16, 2018

TDS and TCS provisions under GST

<!-- wp:paragraph --> <p>The Central Board of Indirect Taxes and Customs Vide Notification No 50/2018 &amp; 51/2018 – Central Tax dated 13th September, 2018 has notified that the provisions of Section 51 &amp; 52 shall come into force from 1st October 2018.<br> Key provisions of Section 51:-<br>  Following people shall be required to deduct tax at source @2% ( CGST 1% + SGST 1%) on the payment made or credited to the supplier where the total value of supply under a contract exceed Rs.2,50,000/-excluding GST: -<br> (a) a department or establishment of the Central or State Government, or<br.....

Oct 16, 2018

Where it was alleged that Rule 89(5) of CGST Rules, 2017, as amended vide Notification Nos. 21/2018-CT and 26/2018-CT, denies grant of refund of unutilized tax credit in respect of tax paid on input services which is ultra vires to Constitution as well as CGST Act, 2017 and demand notice was to be stayed - Decision of High Court Of Gujarat in Shree Rama Newsprint Ltd. V. Union of India

<!-- wp:paragraph --> <p><strong>Facts of the case :</strong> The assessee has challenged the validity of Section 89(5)<br> as amended by notifications issued later on the following grounds:</p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p>Section 54(3) of the CGST Act, 2017 – A registered person may claim refund of any unutilised input tax credit at the end of any tax period :<br> Provided that no refund of unutilised input tax credit shall be allowed in cases other than – </p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p> i. zero-rated supplies made without payment of tax;<br> ii.....

Oct 16, 2018

No levy of Service Tax/GST on the fee paid for award of license for sale of liquor - Vide Decision Of High Court Of Punjab And Haryana in Rajwinder Singh V. Commissioner, CGST Commissionerate, Jalandhar

<!-- wp:paragraph --> <p><strong>Facts of the Case:</strong> The petitioner(Rajwinder Singh) has received notices dated 29.05.2017, 14.07.2017 and 11.01.2018 asking him to furnish certain information with reference to levy of service tax on the fee paid for award of license for sale of liquor.</p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p>The respondent(CGST Commissionerate,Jalandhar) fairly submitted that he has received instructions to the State that in 26th meeting of GST Council held on 10.03.2018 it has been decided that no GST/Service Tax is leviable on the fee paid for grant of l.....

Nov 17, 2018

Filing of Form GSTR 10 – Final Return

<!-- wp:paragraph --> <p> The Central Board of Indirect Taxes and Customs Vide Notification No 58/2018 – Central Tax dated 26th October 2018 has notified that the persons whose GST registration has been cancelled on the recommendation of the GST council by the proper officer on or before 30th September 2018 are required to file final return in Form GSTR 10 on or before 31st December 2018. </p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p>http://www.cbic.gov.in/resources//htdocscbec/gst/notfctn-58-central-tax-english2018.pdf;jsessionid=9F370905AB5904138E6C F6AADB241520 </p> <!-- /wp:parag.....

Nov 17, 2018

Provisions relating to TDS not applicable to supply from PSU to PSU

<!-- wp:paragraph --> <p>The Central Board of Indirect Taxes and Customs Vide Notification No 61/2018 – Central Tax dated 5th November 2018 has notified seeks to exempt a supply from one PSU to another from the provisions of TDS under GST. </p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p>http://www.cbic.gov.in/resources//htdocscbec/gst/notfctn-61-central-tax-english2018.pdf;jsessionid=F7CDBFE56BBEEE1F69C5 F3BEC0999AF4 </p> <!-- /wp:paragraph -->.....

Nov 17, 2018

Circular clarifying collection of tax at source by Tea Board of India

<!-- wp:paragraph --> <p> The Central Board of Indirect Taxes and Customs Vide Circular No 74/48/2018 –GST dated 5th November 2018 has clarified that TCS at the notified rate, shall be collected by Tea Board respectively from the – </p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p>(i) sellers (i.e. tea producers) on the net value of supply of goods i.e. tea; and (ii) auctioneers on the net value of supply of services (i.e. brokerage). </p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p>http://www.cbic.gov.in/resources//htdocscbec/gst/Circular-No74.pdf;jsessionid=7521F478BB2304FADE2AA.....

Dec 16, 2018

Extension of due date for filing Form GSTR-9, GSTR-9A, GSTR-9C

<!-- wp:paragraph --> <p> The Central Board of Indirect Taxes and Customs Vide Press Release dated 7th December 2018 has decided to extend the due date for filing FORM GSTR-9, FORM GSTR-9A (Annual Returns) and FORM GSTR-9C (Reconciliation statement) till 31st March, 2019. </p> <!-- /wp:paragraph --> <!-- wp:paragraph --> <p> http://cbic.gov.in/resources//htdocscbec/pressrelease/Press_Release_0712.pdf;jsessionid= 5BE64F15B1F45883BFA021486D1ED66E </p> <!-- /wp:paragraph -->.....