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Clarification on Restriction in availing of input tax credit
Blog
CA. Kapil Mittal

Clarification on Restriction in availing of input tax credit

Sub-rule (4) to rule 36 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the CGST Rules) has been inserted vide notification No. 49/2019-Central Tax, dated 09.10.2019. The said sub-rule provides restriction in availment of input tax credit (ITC) in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act). To ensure uniformity in the implementation of the provisions of the law across the field formations, the

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Document identification number DIN
Blog
CA. Sachin Jindal

Document Identification Number (“DIN”) to be quoted on all communications from CBIC

Various communication such as notices, assessment orders, summons etc. are issued by Central Board of Indirect Taxes (“CBIC”) to taxpayers. However, as there is no online tracking of trail of such communications, taxpayer faces various issues such as issuance of notices on back date, reply or response by taxpayers are not considered by department officers in their records, unable to check genuineness of notice etc. Therefore, CBIC is introducing concept of mentioning Unique Document Identification Number (“DIN”) on every communications from CBIC to taxpayers andother concerned persons. To keep objective of transparency and accountability, vide circular No. 122/41/2019-GST dated 5

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Tran 1
Blog
CA. Kapil Mittal

Punjab and Haryana High Court permitted filing of TRAN-1 or revision of already filed TRAN- 1 by 30 th November, 2019

Hon’ble HC permitted filing or rectification of TRAN-01 by 30 th November, 2019. Respondents may verify genuineness of claim of Petitioners but nobody shall be denied to carry forward legitimate claim of CENVAT/ITC on the ground of non-filing of TRAN-1 Petitioner was registered under Central Excise Act or Finance Act, 1994 or State VAT Laws and on the appointed date, i.e., 1 st July, 2017, Petitioner was having accumulated ITC under pre-GST regime. As per section 140 of CGST Act, 2017 read with Rule 117 and Rule 120 of CGST Rules, 2017, petitioner was permitted to carry forward ITC accumulated

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Itc under gst
Blog
CA. Sachin Jindal

CBIC restricts availment of ITC in case of mismatch with GSTR – 2A

Table of Content1. ITC mechanism under GST2. Amendment by the CBIC3. Impact of the Notification4. Objective of the amendment5. Our Comments 1. ITC mechanism under GST Input Tax Credit (‘ITC’) Mechanism under the Goods and Services Tax (‘GST‘) law is a critical success factor for the compliance and administration of GST law in India. Currently, taxpayers do not have a facility/ opportunity to review the invoices uploaded by their suppliers, corresponding to their ITC claims. Taxpayers are reliant on their financial records to collate the data and report the same in the Monthly Return GSTR – 3B. The mechanism of

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Processing of GST refund, where refund application allocated to wrong tax authority
Blog
CA. Sachin Jindal

Processing of GST refund, where refund application wrongly allocated

CBIC clarifications that processing of GST refund should not be held up and processed by authority where the application has been wrongly allocated by the system. The Central Board of Indirect Taxes and Customs (‘CBIC’) vide Circular No. 104/23/2019-GST dated 28 June 2019 has clarified the authority who is required to process the GST refund applications of taxpayers in cases of incorrect mapping. The division of taxpayer base between the Centre and States to ensure a Single Interface under GST is critical to ensure the smooth and seamless flow of business operations.  Table of Content1. Issues2. Clarification by CBIC3. Conclusion

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Sabka Vishwas (Legacy Dispute Resolution) Scheme
Blog
CA. Kapil Mittal

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019| Chapter V of Finance Act, 2019

Government introduces the “Amnesty Scheme” to resolve long pending litigation by granting a waiver in tax, interest and penalty amount to some extent. Dictionary meaning of Amnesty is “an official pardon for people who have been convicted of political offenses”. Major objective behind such a scheme is to resolve litigation without wasting the time of departmental authorities and attractive tax reliefs are provided so that the maximum taxpayers can pay their defaulted amounts. On the same lines, Amnesty scheme in name of “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (“SVLDRS” or “Scheme”)” has been introduced wide Chapter V of Finance

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gst nil refund
Blog
CA. Sachin Jindal

Have you mistakenly filled NIL GST refund|Option to Re-file is available now

Being Goods and Service Tax (“GST”) is new so, possibility of errors in filing of refund application is high. Have you erroneously filed NIL GST refund application under GST though you had a genuine refund claim of such period? Till now, option to re-file refund application is not available. Understanding genuine hardship to taxpayers, CBIC has issued a Circular No. 110/29/2019 – GST dated 3rd October, 2019, wherein it provided an option to re-file refund application if taxpayer has inadvertently filed NIL GST refund application. Table of Content1. Erroneous NIL GST refund application 2. Cases where GST Refund application can

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gst cicular no 111
Blog
CA. Kapil Mittal

GST Refund subsequent to favorable order in Appeal or any other Forum

Goods and Service Tax (“GST”) provides an option to file appeal against order of lower authorities. Therefore, if refund application of any taxpayer gets rejected then he may file appeal with next appellate authority. Rejection order is passed in form GST RFD-06. CBIC received various representations asking to clarify procedure of claiming refund finalised through Appeals or any other Forum. Accordingly, CBIC has clarified such issue vide Circular No. 111/30/2019-GST about manner of handling such issue in following manner: Table of Content1. Pre-requiste of filing appeal against GST RFD-062. Application for claiming refund subsequent to favorable order3. Procedure of granting

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reduced income tax rates
Blog
CA. Kapil Mittal

Reduced Income tax rate of 15% to new Domestic Companies Registered on or after 1 October 2019

A new section 115BAB has been inserted, giving an option of a reduced Income tax rate of 15% to new domestic companies setup and registered on or after 1 October 2019 and engaged solely in the business of manufacturing or production of any article or thing and research in relation to, ordistribution of such article or thing manufactured or produced by it. Upon considering the applicable surcharge of 10% and health and education cess of 4%, the effective tax rate works out to be 17.16%. This provision has been targeted at attracting fresh investments in manufacturing and thereby provide boost

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income tax amendment
Blog
CA. Kavit Vijay

Welcome changes in Income tax rates

Amidst various economic measures announced by the Hon’ble Finance Minister (‘Hon’ble FM’) from time to time during August and September 2019, several income tax-related amendments were announced by the Hon’ble FM on 20 September 2019. The measures announced pertain to change in Income Tax rates, Minimum Alternate Tax (‘MAT’) and Buy-back tax and are aimed promoting growth and investment. It is noteworthy that the Taxation Laws (Amendment) Ordinance 2019 (‘Ordinance’) has been passed barely within two months from the notification of Finance (No. 2) Act, 2019. The amendments in the ordinance pertain to the Income-tax Act, 1961 as well as

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