Taxation of Contracts relating to setting up of Solar Power Generating System has been a matter of litigation since the inception of GST. The Tax Rate and whether its case of supply of goods or supply of services being an immovable property was a dust which did not seem to be settling down. As has been admitted in the agenda for the 31st GST Council...

Levy of Penalty under Section 129 on the taxable person on expiry of E-way bill is a matter of huge concern for the taxpayers. The article tries to analyse that whether levy of penalty on expiry of e-way bill is justified when the statute and the allied rules only provide for the transporter to extend the validity of E-way bill. Whether Taxpayer can be made...

Calculation of Interest payable in GST has been a point of discussion for long and dust does not seems to be settling as of now in the very near future. This article is an attempt to highlight the difference in the language used in the Statute regarding the calculation of Interest wherein Situation-1-Relevant Provision refers to the interest payable under section 50 of CGST Act...

One very common issue is whether interest is payable under Section 50(1) on ITC wrongly availed but not utilized for making payment of output liability. At the outset, the issue can be further sub-divided for the sake of simplicity as follows: Situation-1-Taxpayer had the invoice and goods or service or both were received by the taxpayer and Input Tax Credit was reflecting in GSTR-2A, however...

Uniroyal Marine Exports Ltd. v. Commissioner of Central Excise- 122 taxmann.com 114 (Kerala) Facts of the Case- Appellant was a processor and exporter of seafood. The controversy was with respect to the refund of service tax paid by the appellant for services rendered prior to 18-4-2006 when service tax on foreign agency commission was not leviable. The appellant paid tax without demur. The High Court...

The judgement of Hon’ble Apex Court in the matter of Petroleum & Natural Gas ... vs Indraprastha Gas Ltd.& Ors lays down a very important ratio that If on reading of the statute in entirety, such a power does not flow, a delegated authority cannot frame a regulation as that would not be in accord with the statutory provisions nor would it be for the...

Case-1-Akas Garg  v. State of Madhya Pradesh- 121 taxmann.com 329-HIGH COURT OF MADHYA PRADESH Subject-Service of Notice on E-mail ID 6.1 A bare perusal of the aforesaid provision reveals that the only mode prescribed for communicating the show-cause notice/order is by way of uploading the same on website of the revenue. 7. The State in its reply has provided no material to show that show-cause...

It would be worthwhile to highlight that as per the provisions of Section 171(1) of CGST Act, 2017 benefit of input tax credit shall be passed on by the supplier to the recipient by way of commensurate reduction in prices. The moot point which the article tries to raise that can such condition be casted upon the supplier through Section 171 of CGST Act, 2017...

Today’s article briefly throws light upon the issue regarding levy of Interest under the provisions of Rules without there being an enabling provision in the Statute. Section 171 of CGST Act, 2017 Let’s take an example of Section 171 of CGST Act, 2017 which is being reproduced herewith- 171. Antiprofiteering measure.— (1) Any reduction in rate of tax on any supply of goods or services...

Today’s post would be sharing background behind constitution of Anti-Profiteering Authority in GST Regime. For reference, both provisions under the Model GST Law released in Nov 2016 and CGST Act, 2017 are being reproduced herewith- Model Draft GST Law -Section 163- (1) The Central Government may by law constitute an Authority, or entrust an existing Authority constituted under any law, to examine whether input tax...