GST Circulars Archives | Page 4 Of 5

GST Circulars

Cancellation of GST by Officer and Revocation of GST Cancellation
GST Registration
CA. Kapil Mittal

Cancellation of GST by Officer and Revocation of GST Cancellation

Incorporation of penal provision in any kind of statute is a mandate to ensure that applicable person make compliance thereof. Similarly, Goods and Service Tax (“GST”) law provides for various penal action for non-compliance of GST provisions. One of such action is suo-moto cancellation of GST registration by proper officer. 1. Cancellation of GST Registration by proper officer 1.1 Grounds of Cancellation of GST Registration Section 29(2) of Central Goods and Service Tax Act, 2017 (“CGST Act, 2017”) provides for various grounds of suo-moto cancellation of GST registration by proper officer such as: Registered person contravenes provisions of GST Law

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Refund of ITC to Merchant Exporter
GST Refund
CA. Kapil Mittal

GST on supplies by Merchant Exporter and Refund to Merchant exporter

[toc] Recently CBIC has released clarification on how merchant exporter can claim refund of accumulated ITC where supplies has been mad by him taking benefits vide notification no. 40/2017-Central Tax (Rate), Dated: October 23, 2017 & Notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 2017 1. GST on supplies by Merchant Exporter Central Board of Indirect Taxes (“CBIC” or “Department”) has exempted supplies to merchant exporters from Goods and Service Tax (“GST”) leviable in excess of 0.10% vide notification no. 40/2017-Central Tax (Rate), Dated: October 23, 2017 & Notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 2017 subject

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refund of ITC to fabric manufacturer
GST Refund
CA. Sachin Jindal

Refund of ITC to fabric manufacturer and textile job worker

Refund of accumulated Input tax credit to fabric manufacturer and fabric processor in textile sector on account of inverted duty structure has been disallowed initially. Such dis-allowance was in pursuant to power vested under section 54(3), department issued Notification No. 5/2017-Central tax (Rate) dated 28th June, 2017 wherein it specified list of items on which no refund will be allowed on ground of inverted duty structure. There after some major circular and notification have been issued by department to allow refund of ITC to fabric manufacturer and textile job worker on account of inverted duty structure. Accordingly latest CBIC has

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Transfer of ITC in case of Death of Sole Proprietor
GST Circulars
CA. Kapil Mittal

Transfer of ITC in case of Death of Sole Proprietor

[toc] Provisions for Transfer of Input tax credit to new business in case of transfer of business has been given under Section 18, Section 29 and Rule 41(1) of CGST Act 2017. Provision under these sections and rules provide transfer of ITC on account of sale, merger, demerger, amalgamation, lease or transfer of the business. However these provision does not clearly specify transfer of ITC in case of death of sole proprietor. Several doubt has been raised in case of transfer of ownership on account of death of sole proprietor and consequently transfer of ITC to new business. To clarify

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Verification of GST Registration
GST Registration
CA. Sachin Jindal

Verification procedure before granting new GST Registration

Recently Central Board of Indirect Taxes and customs (“CBIC” or “Department”) via circular no. 95/14/2019-GST dated 28th March, 2019 has issued verification procedure before granting new GST registration. Such verification procedure can be taken in following cases. Where the tax payer is seeking another registration within the State although he has an existing registration within the said State Where earlier GST registration has been cancelled by department. 1. Procedure of Verification While granting GST registration, proper officer is required to exercise due care in following lines: Proper officer should compare information given in new registration with particulars of earlier registration

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GST Impact on Sales Promotion scheme
GST Circulars
CA. Sachin Jindal

Impact of GST on Sales Promotion schemes

Applicability and Impact of Goods and Services Tax (‘GST’) on sale promotion schemes has always been a contention of litigation since the start of GST. Every business has a marketing and sales plan in order to increase sales volume, attract new customers and achieve its business objectives.  Sales promotion schemes are the key drivers to supplement, co-ordinate and achieve functional objectives.  With a diverse collection of incentive and innovative ideas, sale promotion schemes stimulate consumer purchasing behaviour. However the problems and many industries related issues arises due to the provision contain in section 17(5)(h) of CGST Act 2017. As per

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How to report Interstate sales to unregistered person in GSTR-3B
GST Returns
CA. Kapil Mittal

How to report Interstate supply to unregistered person in GSTR-3B

Goods and service Tax (“GST”) is a consumption/destination based tax, i.e., GST revenue generated out of supply of goods/services accrues to that state wherein such goods/services gets consumed. Information about consuming states is collected by government from data provided by the taxpayers in their GST returns. Accordingly, in case of inter-state supply (from one state to another), to ensure correct allocation of revenue among states, details of consuming states (i.e., place of supply) is required to be correctly reported in GST returns. However, it has been noticed by the department under GST Audit that taxpayers have failed to report inter-state

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Information on Tax Invoice - GST
GST Audit
CA. Sachin Jindal

Missing information in Tax Invoice leads to Penalties u/s 125 and 122

Department has instructed vide circular 90/09/2019-GST dated 18th February, 2019 that all registered taxpayers are required to mention place of supply and name of state on tax invoice while making inter-state supply. Contravention will lead to invocation of penalty proceedings against taxpayer under section 122 or 125 of CGST Act.

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gst amendment act 2018
Goods and Service Tax
CA. Sachin Jindal

GST Amendment Act, 2018 & Its Impact: 20 Major Changes

[toc] THE CENTRAL GOODS AND SERVICE TAX (AMENDMENT) ACT, 2018 With the approval from the GST council in the meeting held on January 10 2019, the changes made by the CGST (Amendment) Act, 2018, IGST (Amendment) Act, 2018, UTGST (Amendment) Act, 2018 and GST (Compensation to States) Amendment Act, 2018 along with the corresponding changes in SGST Acts will be applicable from 1sr February 2019. Keeping in view the implementation of the amendments made in the GST taking place from 1st Feb 2019, it is highly recommended that you must be aware of the changes that have been made in

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