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Goods and Service Tax
CA. Kapil Mittal

Clarification On Time Limit To Claim ITC In Respect Of RCM Supplies Received From Unregistered Persons | Circular No. 211/5/2024-GST Dated 26th June, 2024

In line with recommendations provided during 53rd GST Council Meeting, CBIC has issued clarification vide Circular No. 211/5/2024-GST date 26th June, 2024 regarding time limit under Section 16(4) of CGST Act, 2017 to claim Input Tax Credit of GST paid under reverse charge on inward supplies received from unregistered person. 1. Issue under Consideration Date of Import of Service: 01.10.2020 Date of Issuance of Invoice and payment of GST Liability under RCM: 1.10.2022 Date of claiming ITC: According to the date of Invoice, i.e., 01.10.2022 2. Stands taken by the Department 3. Contention of the Industry 4. Clarification issued by

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Highlights Of 53rd GST Council Meeting
Goods and Service Tax
CA. Kapil Mittal

Highlights Of 53rd GST Council Meeting | Measures To Facilitate Trade And Related To Procedure

The most awaited 53rd GST Council meeting has held on June 22, 2024 and was chaired by the Hon’ble Finance Minister. Ths GST Council meeting aimed to enhance trade, simplify business operations, and enhance GST compliance. The GST Council has recommended a series of amendments and clarifications including: The GST Council recommendation belonged to following groups: This article discusses measures recommended for facilitation of trade and measures related to procedure and law. 1. Measures For Facilitation Of Trade: 1.1 Waiver of Interest and Penalty determined under form DRC-07: 1.2 Extended time limit to avail ITC, amendment in Section 16(4) of

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Time Limit For Claiming ITC
Goods and Service Tax
CA. Kapil Mittal

Time Limit For Claiming ITC is 30th November of Following Year With Effect From 01.07.2017 and Section 16(2) and 16(4) Are Constitutionally Valid

Held by Hon’ble High Court of Kerala In the matter of M/s M.TRADE LINKS Vs Union of India (WP(C) NO. 31559 OF 2019) Summary: The Petitioner was denied the Input Tax Credit despite the availability of valid tax invoice, proof of payment of value and receipt of goods. In some cases, ITC was disallowed as the respective supplier failed to disclose the supply in GSTR-1 or failed to pay the tax in GSTR-3B. The petitioner contended filing of ITC in GSTR-1 by the supplier is a facility and it does not impact the entitlement of ITC of the taxpayer. Further,

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Party cannot take two remedies simultaneously against one and same order
FEMA
CA. Kapil Mittal

Party cannot take two remedies simultaneously against one and same order

The Appellant filed an appeal before the SEFEMA against the impugned order wherein a penalty of INR 50 Lakhs was imposed on the Appellant for violation of provisions of FEMA. After filing appeal, the Appellant kept on seeking adjournment from the Tribunal and filed the writ Petitioner before the High Court of Calcutta. While filing writ petition, the appellant suppressed the fact of pendency of appeal. Hon’ble High Court rejected the contention of the Appellant and upheld the impugned order. The High Court mentioned The impugned order is appealable.  The petitioner has chosen not to prefer an appeal. The Petitioner chose to file the writ petition.

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Penalty is imposed for delayed reporting of FDI as amended provisions maintained the reporting requirement
FEMA
CA. Kapil Mittal

Penalty is imposed for delayed reporting of FDI as amended provisions maintained the reporting requirement

The Appellant, an Indian Company, received FDI of INR 204 Crores through automatic approval route. The Company was required to file the Advance Remittance Form (ARF) within 30 days of receipt of FDI.  The Company delayed in reporting of FDI to RBI by 24 days. Therefore, the penalty was imposed on the company of INR 20 Crores and on the directors of INR 5 Crores.

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Section 8 of FEMA 1999 provide for an exception to repatriate and realise the export proceeds in case of genuine default by the buyer
FEMA
CA. Kapil Mittal

Section 8 of FEMA 1999 provide for an exception to repatriate and realise the export proceeds in case of genuine default by the buyer

The Appellant exported 12 shipments and realised export proceeds for only 1 shipment out of 12 shipments. The Special Director, Enforcement Directorate imposed a penalty of INR 70 lakhs and INR 20 Lakhs on the appellant for contravention of Section 7 & 8 of FEMA, 1999. The appellant took all the reasonable steps to realise the export proceeds such as loding a complaint with Export Credit Guarantee Corporation (ECGC), Indian High Commission at Singapore, M/s Allen Gledhill Singapore the debt collecting agency and M/s Omega Alliance, Mumbai for debt collection. However, still could not realise export proceeds.

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RoDTEP benefit is extended to EOU, AA Holders and SEZ Units
Business Advisory & Consulting
CA. Kapil Mittal

RoDTEP benefit is extended to EOU, AA Holders and SEZ Units

RoDTEP (Remission of Duties and Taxes on Exported Products) Scheme was introduced from 1st January, 2021 and it was implemented in place of schemes prevailing earlier such as MEIS (Merchandise Export from India Scheme)/ SEIS (Service Export from India Scheme). 

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Foreign Portfolio Investment (FPI) in India 
FEMA
CA. Kapil Mittal

Foreign Portfolio Investment (FPI) in India 

Similar to Foreign Direct Investment, Foreign Portfolio Investment (FPI) is a most explored way of investment in India. Foreign Portfolio Investment allows an investor to invest in multiple securities in foreign country such as shares, bonds, fixed deposits etc. 

Unlike FDI, investment in FPI is done for the purpose of getting return and not for the purpose of control. FPI is controlled in India through Security and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2014.

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Foreign Direct Investment (FDI) Policy in Broadcasting & Print Media
FEMA
CA. Kapil Mittal

Foreign Direct Investment (FDI) Policy in Broadcasting & Print Media

FDI for TV channel up-linking/down-linking shall be subject to compliance with relevant Ministry’s policies.

The foreign investment (FI) in companies offering aforementioned services subject to Ministry’s specified regulations and conditions specified from time to time.

The foreign investment (FI) limit in companies engaged in the aforestated activities shall include, in addition to FDI, Foreign Portfolio Investors (FPIs), Qualified Foreign Investors(QFIs),  Non-Resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entities. 

Foreign investment in broadcasting carriage services subject to specified security conditions/terms.

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