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Interest is not payable on late filing of GSTR-3B when the tax amount is deposited in Electronic Credit Ledger by the due date
The Petitioner was having an accumulated Input Tax Credit under pre-GST regime. The petitioner filed GST TRAN-01 for transmission of such accumulated ITC under GST. However, due to technical glitches, entire amount of ITC was not transmitted under GST and complete amount was not available under electronic credit ledger of the petitioner.
By CA. Sachin Jindal
Last update on February 21,2024
Beware of Fake GST Notices and Summons, Caution by Ministry of Finance
Central Board of Indirect Taxes (CBIC) has come across certain cases where taxpayers are getting fake GST summons and GST Notices. Some persons are involved in these kind of activities with fraudulent intent. Notices are sent to taxpayers who may or may not be covered under the DGGI.
By CA. Sachin Jindal
Last update on February 13,2024
GST Portal may facilitate revision of GST returns
Concept of revision of Tax returns is a very usual and vital part of the tax system as it allows taxpayers to rectify unintentional errors made while filing tax returns. Every tax system including income tax provides a facility to revise tax returns upto specified time period. Under pre-GST regime as well, taxpayers were available with the option file revised VAT, Central Excise and Service Tax return. However, Goods and Service Tax has not yet provided that facility to revise GST returns to the taxpayers.
By CA. Sachin Jindal
Last update on February 7,2024
Deduction made by the applicant from employees for canteen services is not supply and ITC will be available for obligatory canteen services
The Kohler India Corporation Private Limited (“The Applicant '') was mandatorily required to provide a canteen facility to the workers. The Applicant entered into a contract with Canteen service provider wherein invoice is raised by the CSP in the name of the applicant. Cost of CSP is borne by the applicant partially and the balance amount is recovered from the employees by way of deduction from salary. The amount is collected by the applicant from the employees without any commercial objective, i.e., without any profit markups. The question before Hon’ble AAR is Whether the subsidized deduction made by the applicant from the employees would be considered as 'supply' under CGST Act. Further, whether the applicant is entitled to claim ITC on invoice raised by the CSP.
By CA. Sachin Jindal
Last update on February 7,2024
Assessment order under GST can’t be passed against a deceased person
The petitioners are the legal heir of Mr. M K Grish, who was running a business under name of M/s M. K. M. & Sons. However, Mr. M K Grish passed away on 25th Feb, 2021 and same are intimated to the respondent by way of online application.
By CA. Sachin Jindal
Last update on January 23,2024
Reasons of issuance of Show Cause Notice (DRC-01) under GST
Assessments under GST are going on and businesses across the countries are immersed with Show Cause Notices being issued on various grounds. Show Cause Notice under GST are issued in Form DRC-01 and the process is going on from the last 2-3 years. However, what has triggered the issuance of SCN at such a large scale in the last 4-5 months? Reason for the same is Section 73(10) of CGST Act, 2017. Section 73(10) specifies time line for determination of tax not paid or short paid or Incorrect ITC Claimed.
By CA. Sachin Jindal
Last update on January 23,2024
CBIC issued instruction on issuance of Show Cause Notice on employee Secondment pursuant to NOS Judgment
The Department has showered the Industries with Show Cause Notices, issued in Form DRC-01, as the last date of issuance of SCN was 30th September, 2023 for FY 2017-18 and 31st December, 2023 for FY 2018-19. One of the major grounds on which thousands of MNCs were served with Show Cause Notice was the taxability of Secondment of employees in Indian Company by Foreign Holding Company.
By CA. Sachin Jindal
Last update on January 9,2024
ITC can’t be denied to the Recipient if no recovery effort were made from the supplier, Supreme Court dismissed the Department’s SLP
A demand order was served on the Appellant on account of reversal of ITC due to difference in ITC appearing in GSTR-2A and GSTR-3B. The Appellant was available with all tax invoices and payment is also made to the supplier for the value of supply along with taxes. Department denied the ITC on the mere ground that the same is not appearing in GSTR-2A.
By CA. Sachin Jindal
Last update on December 19,2023
GST on reimbursement of Electricity Charges| Clarification and Issues around
GST has recently come up with a very brief clarification on this matter through Circular No. 206/18/2023-GST dated 31st october, 2023. This article contains a detail discussion on applicability of GST on reimbursement of electricity charges:
By CA. Sachin Jindal
Last update on December 12,2023
GST Implication on reimbursement of foreign expats salaries| “Manpower Supply service” or not
Time limit of issuance of notice for GST Assessment for FY 2017-18 lapsed on 30th September, 2023. Every industry is flooded with GST notices on various allegations including Purchase from canceled dealers, ITC reversal on exempted supplies, ITC ineligible under Section 17(5) of CGST etc. Notices are issued for FY 2017-18 till FY 2022-23.
By CA. Sachin Jindal
Last update on December 5,2023

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