Skip to content

Category: Articles & Writeup

Part-162-One Pager Snapshot to Cases on Section 9, 54, 73 of CGST Act, 2017

Part-162-One Pager Snapshot to Cases on Section 9,...

Section 9- Petitioner directed to refund the tax collected from customers since services such as application fee for releasing connection…
Part-161-One Pager Snapshot to Cases on Section 54, 67, 168 of CGST Act, 2017

Part-161-One Pager Snapshot to Cases on Section 54,...

-Section 168-Since the impugned circular (Circular No. 80/54/2018-GST dated 31-12-2018) was already aside by a coordinate Bench of the Court,…
Part-160-One Pager Snapshot to Cases on Section 9, 16, 56 and 107 of CGST Act, 2017

Part-160-One Pager Snapshot to Cases on Section 9,...

-Section 9- It was difficult to accept that petitioner could collect any GST from its consumers after paragraph 4 of…
Part-159-One Pager Snapshot to Cases on Section 50, 74, 140 of CGST Act, 2017

Part-159-One Pager Snapshot to Cases on Section 50,...

-Section 50- Once it is proved that amount of excess ITC though entered in the ledger in excess, was never…
Part-158-One Pager Snapshot to Cases on Section 6, 74, 140 of CGST Act, 2017

Part-158-One Pager Snapshot to Cases on Section 6,...

-Section 6-Summons being issued under section 70 by Central Tax Authority based on an intelligence input; makes it an intelligence-based…
Part-157-One Pager Snapshot to Cases on Section 16, 29, 74, 107,125,129 of CGST Act, 2017

Part-157-One Pager Snapshot to Cases on Section 16,...

-Section 16-Court declined to interfere in the matters in exercise of their powers under Article 136 having regard to the…
Whether registered person providing passenger transportation services through e-commerce operator be eligible for ITC after implementation of payment of tax by e-commerce operators?

Whether registered person providing passenger transportation services through...

There is a common perception that no registered person supplying services through the ecommerce operator will be eligible for the…
Whether Fees paid to ROC is liable for payment of tax under Reverse Charge Mechanism under GST?

Whether Fees paid to ROC is liable for...

There has been a lot of discussion about the levy of GST on fees paid to Registrar of Companies under…
Whether a registered person who is also an agriculturist, is required to pay tax on sale of agriculture produce which are taxable in GST

Whether a registered person who is also an...

Question-Mr. A is registered person in GST. He is having a manufacturing enterprise. Along with the manufacturing enterprise, he is…
Communications to be made by the Department with the assessee in GST-What is meant by the term “electronically” and ambiguity arising out of differing activities i.e. “issued”, “made available”, “informed”, “served”, “uploaded” and “on the common portal” attached to the term “electronically” in GST-Part I

Communications to be made by the Department with...

It is very common to read through out the CGST Rules, 2017 that communication has to be made electronically and…
Treatment of Discounts on offtake from the perspective of recipient in GST-Part II

Treatment of Discounts on offtake from the perspective...

This part of the article discusses the situation wherein the terms of discount had been decided before or at the…
<strong>Treatment of Discounts from the perspective of recipient and analysis of Section 15(2)(e) of CGST Act, 2017-Part I</strong>

Treatment of Discounts from the perspective of recipient...

GST UPDATES Treatment of Discounts from the perspective of recipient and analysis of Section 15(2)(e) of CGST Act, 2017-Part I…
Tough Times:-Agony of Exporters in GST set to increase many-fold

Tough Times:-Agony of Exporters in GST set to...

Case 1:- A trader recovers his tax paid on Purchases by charging to the customer and exporter recovers his tax…
Tax under RCM on services of renting of immovable property provided by director to company-Understanding the perspective through Notification and an attempt to gain an understanding on one of the most controversial subjects in GST

Tax under RCM on services of renting of...

At the outset, would like to state that this post is specifically restricted to analyse (without going into the judgements…
Supplies made to registered recipient for Export at 0.1%: Is the option worth exercising?

Supplies made to registered recipient for Export at...

Notification 40/2017 dated 23rd October 2017 lays down the procedure wherein CGST is to be levied on intra state supplies…
Section 50-Payment of Interest in GST- Subtle differences in the language being used in the Statue regarding Interest Payable-Part-2

Section 50-Payment of Interest in GST- Subtle differences...

Calculation of Interest payable in GST has been a point of discussion for long and dust does not seems to…
Reduction in Tax Rate on services by way of “Job Work” from 18% to 12%-37th GST Council Meeting-Scope of the Amendment and Interpreting “Look alike” Entry 26(id) and 26(iv) of Notification No. 11/2017-Central Tax Rate

Reduction in Tax Rate on services by way...

Reduction in Tax Rate on services by way of “Job Work” from 18% to 12%-37th GST Council Meeting-Scope of the…
Part-IV-Penalty under Section 122(1)(iv) of CGST Act, 2017- Collects any tax in contravention of the provisions of this Act but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due

Part-IV-Penalty under Section 122(1)(iv) of CGST Act, 2017-...

Today’s post would be covering discussion on Section 122(1)(iv) of CGST Act, 2017. The relevant clause read as under- “(1)…
Part-III-Personal Guarantee by a Director-What’s the scope of the term “Service supplied by the Director”

Part-III-Personal Guarantee by a Director-What’s the scope of...

The big question going around has been that what is the exact nature of services rendered by a director which…
Part-III-Penalty under Section 122(1)(ii) of CGST Act, 2017 – Issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder

Part-III-Penalty under Section 122(1)(ii) of CGST Act, 2017...

Today’s post would be covering discussion on Section 122(1)(ii) of CGST Act, 2017. The relevant clause read as under- “(1)…
Part-6-Whether Development Authority are Local Authority under GST vis-a-vis Income Tax, Service Tax, General Clauses Act, AAR Ruling on JDA and clarification issued by CBEC

Part-6-Whether Development Authority are Local Authority under GST...

What’s the big point in whether development Authorities like Delhi Development Authority, Jaipur Development Authority are “Local Authority or not.…
Part-5: Which Institutions are included in Local Authority in GST-“Municipal Committee, a Zilla Parishad, a District Board, and any other authority”

Part-5: Which Institutions are included in Local Authority...

Today’s update would discuss about Institutions included in the definition of Local Authority vide “Municipal Committee, a Zilla Parishad, a…
Part-4-Which Institutions are included in Local Authority in GST-Regional Council, District Council and Development Board

Part-4-Which Institutions are included in Local Authority in...

Today’s update would discuss about the three Institutions which are covered under the Ambit of Local Authority by sub-clause (e),…

Issues in filing of GSTR -9/9C for 18-19-...

Varanasi Branch of CIRC of ICAI is organizing Virtual CPE meeting -Issues and Compliances in filing of GSTR-9/9C for 2018-19”…
Levy of Penalty in GST and the privilege under Section 75(13) of CGST Act, 2017-Where any penalty is imposed under Section 73/74 of CGST Act, 2017 then no penalty for same act or omission to be imposed on the same person under any other provision of CGST Act, 2017

Levy of Penalty in GST and the privilege...

Can Penalty under Section 122 be levied for same offence alongwith the penalty under Section 73/74 CGST Act, 2017. Section…
Levy of Interest in GST-Whether Interest is Payable at 24% as per the provisions of Section 50(3) wherein due to error while filling in figures in GSTR-3B, higher credit was availed by the Taxpayer but the same was not utilized-Part-3

Levy of Interest in GST-Whether Interest is Payable...

One very common issue is whether interest is payable under Section 50(3) on ITC wrongly availed but not utilized for…
#LearningtheLaw-44-Article 265 of Constitution of India- The only epitaph we may inscribe is: Rest in peace and don’t be re- born ! If on the same subject-matter the legislature chooses to levy tax twice over there is no inherent invalidity in the fiscal adventure save where other prohibitions exist, There is no collection of tax by the authority of law when assessments are made in this arbitrary fashion; If the legislation can provide for a measure of tax on subject of tax by substituting any notional value, which at no point of time becomes part of or related to subject of tax viz. sale of goods, then the fact that it is related to MRP loses its significance altogether-Part I

#LearningtheLaw-44-Article 265 of Constitution of India- The only...

Article 265 States that No tax shall be levied or collected except by authority of law. Here are few decisions…