GST Update: Taxpayers can now avail transitional credit up to 30th June 2020 as per Delhi High Court decision

by

This update seeks to discuss about the transitional credit which was entitled to be carry forward by the taxpayers while migrating to GST from the erstwhile regime. The time limit for availing the benefit of carry forward of transitional credit is prescribed by Rule 117 which is being amended from time to time. The time … Read more

GST Update on whether Rajasthan AAR competent to decide on registration requirement in another State?

by

The present update intends to discuss the Advance Ruling given in the case of M/s T & D Electricals. The question placed before the Advance Ruling was the requirement of separate registration for executing works contract in another State and leviability of tax-whether CGST/SGST or IGST if separate registration is not taken in Karnataka and … Read more

GST Update on landmark decision that interest cannot be recovered without adjudication proceedings

by

The delay in retrospective amendment regarding computation of interest liability under GST regime has led to flood of writ petitions in High Courts seeking relief from recovery proceedings initiated by the government. The revenue authorities have consistently held that interest liability gets automatically attracted as soon as there is delay in payment of taxes on … Read more

GST Update on Statement Taken During The Course Of Investigation Proceedings

by

In our earlier update, we discussed about the importance of panchnama in the investigation proceedings. In the present update, we will discuss another important document, i.e. statement taken during the course of investigation proceedings and the situations wherein the said statement cannot be considered as sufficient evidence in particular case. At the outset, we submit … Read more

GST and JOHNNY- UPDATE No.40

by

This papa: – In erstwhile Excise regime, export under bond or LUT, there was requirement to maintain the balances. The amount is debited as soon as export goods are cleared from factory and afterwards credit is granted as and when the proof of export is submitted in Annexure 19. A proper account was maintained. However, … Read more

GST UPDATE ON LANDMARK DECISION GRANTING EXEMPTION TO ANCILLARY SUPPLIES IN RELATION TO SUPPLY OF ELECTRICITY

by

Recently Gujarat High Court ([TS-858-HC-2018(GUJ)-NT-Torrent Power Ltd]) has held that when a company is engaged in the business of supply and distribution of electric power which is principal supply, the ancillary and related supply such as application fee for release of connection, meter testing fees, rental charges against meter equipment/transformers capacitors, fees for shooting of meters or lines, … Read more

GST Update on whether dual investigation proceedings can be initiated by different authorities against the assessee?

by

This update intends to discuss about the issues in cross empowerment of both the Central and the State tax authorities for enforcement of intelligence based action against the taxpayer. It has been clarified vide Letter D.O.F. No. CBEC/20/43/01/2017-GST (P.T.) dated 5th October 2018 that officers of both Central and State tax are authorised to initiate … Read more

GST Update On Applicability of GST On Remuneration Paid To Directors

by

The litigation as regards liability of the company to pay tax under reverse charge mechanism on payments made to its directors is not new and is continuing from the erstwhile service tax regime. The legacy has been travelled into the GST regime and various pronouncements rendered by Authority for Advance Rulings are instigating the fire … Read more