Kapil Mittal

Browse Categories
GST on monthly subscription received by RWA
Blog
Kapil Mittal

GST on monthly subscription received by RWA

CBIC clarified that monthly contribution received by RWA upto INR 7,500/- exempted  from GST, RWA is entitled to take ITC on Capital Goods, Input and input services Central Board of Indirect Taxes & Customs (“CBIC” or “Department”) received various representations regarding ambiguity in complying with provisions of Goods and Service Tax (“GST”) on monthly subscription received by Resident Welfare Association (“RWA”) from its members. Accordingly, CBIC issued circular No. 109/28/2019-GST dated 22nd July, 2019 to provide clarification on following issues related to monthly subscription being collected by RWA. 1. Are the maintenance charges paid by residents to the RWA in a

Read More »
ITeS and backend support service, Intermediary or not
Blog
Kapil Mittal

ITeS and backend support service, Intermediary or not

Supplier of ITes services will not be covered under the provision of Intermediary and quality for export of services however provide of certain backend support services to foreign customer will fall under the definition of intermediary and not qualified for export benefits under GST The Indian ITeS industry generates significant foreign exchange for India and is one of the emerging hubs of the world.  Nevertheless, the Indian ITeS industry has been facing significant competition from its Asian counterparts like Philippines, Vietnam etc.  In this context, the Government of India has provided various export incentives to make Indian ITeS services exports

Read More »
GST Treatment on Diamond imported to export back for cutting and polishing
Blog
Kapil Mittal

GST Treatment on Diamond imported to export back for cutting and polishing

CBIC clarifies on the place of supply in relation in case of services by ports and place of supply in case of supply of various services on unpolished diamonds which are temporarily imported in to India for re export. The Place of Supply (‘POS’) determines the incidence of taxation under the GST law. As GST is a destination based taxation regime, determination of POS is critical to the taxability of a given transaction. The determination of POS in the context of international trade assumes significance as the transaction could be subject to tax only if the POS is within the

Read More »
GST Refund and Drawback
Blog
Kapil Mittal

Can IGST Refund be seek, where Higher drawback has been claimed on Exports

Gujarat High Court rules that claim of higher rate of duty drawback is not a valid reason for rejection of IGST refund on exports Unreasonable delays in grant of refund of Integrated Goods and Services Tax (‘IGST’) has impacted several exporters in the recent past.  There have been several instances where taxpayers had to resort to litigation in the High Court in order to obtain specific relief and direction for grant of IGST refunds. Duty drawback is one of the export incentives provided by the Government of India under the Foreign Trade Policy.  As per the policy decision taken by

Read More »
State-wise GST registration may not require where importer store goods in multiple states
Blog
Kapil Mittal

State-wise GST registration may not require where importer store goods in multiple states

Authority for Advance Ruling, Maharasthra (“AAR”) discussed in the matter of M/s Gandhar Oil Refienery (India) Limited (“Applicant” for brevity) that whether separate registration under GST is required in all such states where applicant is storing goods after import and therefrom applicant is supplying such goods to ultimate customer? Applicant is not having any godown in such states as he is storing goods in port warehouse. He is only having a head office at Mumbai, Maharasthra from where all related activities are carried out such as entering into agreement with supplier, issuance of Letter of credit, receipt of commercial import

Read More »
GST Registration mandatory in case of liability under RCM, even if supplies are exempt
Blog
Kapil Mittal

GST Registration mandatory in case of liability under RCM, even if outward supplies are exempt

Registration requirement under GST law in case supplier only supplying exempted goods and services, where they are taking services liable to tax under Reverse Charge Mechanism (‘RCM’) has always been a contentious issue. The Hon’ble Authority for Advance Ruling, Maharashtra (‘AAR’) in the case of In Re: Ms/ Jalaram Feeds (GST-ARA-110/2018-19/B-38) vide order dated 10 April 2019 had an opportunity to adjudicate this contentious issue.  The AAR has undertaken a harmonious interpretation of the law and held that liability to pay tax under RCM was a taxable supply and requires registration under GST law, even if there are only exempt

Read More »
35th GST Council Meeting
Blog
Kapil Mittal

Keynote on 35th GST Council meeting held on 21 June 2019

The Goods and Services Tax (‘GST’) Council in its 35th GST council Meeting held on 21 June 2019 has taken several taxpayer friendly decisions. It is noteworthy that that is the first GST Council meeting chaired by the new Finance Minister Miss Nirmala Sitharamn after the formation of the government in May 2019. The decisions of the 35th GST Council meeting are aimed at fostering growth in business, rationalising tax rates, addressing administrative issues being faced by taxpayers and paving the way for future-ready compliance mechanism. The decisions of the 35th GST Council meeting are summarised below: 1. Tax Rate

Read More »
Clarifications on filing of Annual Return
Blog
Kapil Mittal

Clarifications on filing of Annual Return (FORM GSTR-9)

The last date for filing of Annual return in FORM GSTR-9 is 30th June 2019. The trade and industry have raised certain queries with respect to filing of this Annual return which are being clarified as follows: Information contained in FORM GSTR-2A as on 01.05.2019 shall be auto-populated in Table 8A of FORM GSTR-9. Input Tax Credit on inward supplies shall be declared from April 2018 to March 2019 in Table 8C of FORM GSTR-9. Particulars of the transactions for FY 2017-18 declared in returns between April 2018 to March 2019 shall be declared in Pt. V of FORM GSTR-9. Such particulars may contain details of amendments furnished

Read More »
ITC on immovable property used for renting
Blog
Kapil Mittal

Admissibility of Input tax Credit on construction of immovable property when used for renting

Judgment of Hon’ble High Court of Orissa in the matter of M/s Safari Retreats Private Limited interprets provisions of Section 17(5)(d) of CGST Act, 2017 to check admissibility of Input Tax Credit paid on procurement of goods or services used for construction of immovable property for own purpose of assessee. Hon’ble High court has held that as petitioner is paying GST on rental income which is arising out of investment on which GST has been paid and since there is no break in chain of business from point of procurement of material and services for construction till renting of immovable

Read More »
manual GST refund application
Blog
Kapil Mittal

Once the High court order issues, GST officer bound to accept manual GST refund application

In the recent judgement, Delhi High court made it clear that once order of the High Court was issued, the GST officer was bound by the same to accept manual GST refund application from the taxpayer. Delay in processing of refund claims and grant on provisional refund within the statutory timelines have resulted in severe working capital and compliance issues for taxpayers.  Often, taxpayers have approached courts to obtain directions from the courts in order to expedite the refunds.  Recently, the Delhi High Court in the case of GSI Products and AC Impex vs. Union of India and PC Universal

Read More »



Want to talk to us

Leave your Name, email, Phone number along with what you are looking for in message box or you can call us at 011-41715118

V J M & Associates LLP

Contact Us

X