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A Brief note on understanding the Scope of Service in GST Vis-à-vis Service under the Service Tax Regime

Service has been defined under Article 366(26A) of the Constitution of India as “Services” means anything other than goods. The term “anything” holds importance here. The term has been defined by Hon’ble Apex Court in the matter of Tej Kiran Jain and Others vs N. Sanjiva Reddy and Others on 8 May, 1970 Equivalent citations: 1970 AIR 1573, 1971 SCR (1) 612 as follows: The...

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Can provisions of Section 42 of CGST Act, 2017 read with Rule 69 of CGST Rules, 2017 be invoked for creation of demand for Input Tax Credit Mismatch for the Year 2017-18/2018-19?

These days notices under Section 73/74 of CGST Act, 2017 are being issued on account of mis-match of Input Tax Credit in GSTR-3B vs GSTR-2A merely by referring Section 73/74 of CGST Act, 2017. That at the outset, it would be apt to mention that provisions of Section 73/74 of CGST Act, 2017 are provisions of Determination of Tax to be paid. However, for the...

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