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Category: Articles & Writeup

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...

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There has been a lot of discussion about the levy of GST on fees paid to Registrar of Companies under…
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...

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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...

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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...

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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...

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Case 1:- A trader recovers his tax paid on Purchases by charging to the customer and exporter recovers his tax…
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...

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Calculation of Interest payable in GST has been a point of discussion for long and dust does not seems to…
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...

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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...

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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...

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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...

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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...

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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-...

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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 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...

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One very common issue is whether interest is payable under Section 50(3) on ITC wrongly availed but not utilized for…
Inverted Duty refund Application-Can refund application be rejected by holding that tax rate on outward supplies is incorrect and thereby if higher tax rate would have been applied no refund would have become payable; Can Refund Proceedings take shape of completion of entire assessment proceedings?

Inverted Duty refund Application-Can refund application be rejected...

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It is very common that while processing refund application in case of inverted duty refund, refund applications are being rejected…
Interest on Gross Liability-Even after Retrospective Amendment, Incorrect reporting of output liability may hold the taxpayer liable for paying Interest on Gross Liability even though there might be excess balance in Electronic Credit Ledger

Interest on Gross Liability-Even after Retrospective Amendment, Incorrect...

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Payment of Interest on Gross Amount has been a bone of contention for long and matter seems to have settled…
Brief Introduction to E-Invoicing in GST-Part-I

Brief Introduction to E-Invoicing in GST-Part-I

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Relevant Notification for E-Invoicing–Notification No. 13/2020-Central Tax Dated 21-3-2020 as amended by (NOTIFICATION NO. 61/2020-CENTRAL TAX, DATED 30-7-2020, NOTIFICATION NO.…
Brief Compilatino of Judgements on Calculation of Time Limit- How to count time limit when an act is to be done within so many days after a given event; Time Limit where certain thing has to be done within a specified period; Meaning of the Time limit having words “not less than”; Time limit using “not later than”; Time limit using “not earlier than”; Time limit providing “by a said date”

Brief Compilatino of Judgements on Calculation of Time...

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In this post, we have tried compile some of the landmark judgements relating to calculation of time limit. The terms…
Amount held as Retention Money by the recipient-Reversal of Input Tax Credit for non-payment of consideration within 180 days from the date of Invoice

Amount held as Retention Money by the recipient-Reversal...

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Analysis of Reversal of Input Tax Credit on retention money withheld against the Invoice in GST The article throws light…
A Brief note on understanding the Scope of Service in GST Vis-à-vis Service under the Service Tax Regime

A Brief note on understanding the Scope of...

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Service has been defined under Article 366(26A) of the Constitution of India as “Services” means anything other than goods. The…