tag:blogger.com,1999:blog-5854298500986207772024-03-08T17:04:13.331+05:30AMIT BAJAJ ADVOCATEAMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.comBlogger723125tag:blogger.com,1999:blog-585429850098620777.post-21801858446112507022022-05-05T20:58:00.001+05:302022-05-05T20:58:13.026+05:30Goods accompanied by soft copy of invoice instead of physical copy, penalty u/s 51(7)of PVAT Act not warranted when transaction is genuineThe Hon'ble Punjab VAT Tribunal in the case of Rakesh jewellers vs State of Punjab Appeal no. 227 of 2018 dated 22.04.2022 has quashed a penalty u/s 51(7)(b) of Punjab VAT Act which was levied on the ground that goods i.e. 1 Kg Gold Bar was not accompanying the physical copy of invoice at the time of detention of goods. The Tribunal noted that the goods were accompanied by soft of copyAMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com1tag:blogger.com,1999:blog-585429850098620777.post-89910615243072153292021-02-03T09:38:00.003+05:302021-02-03T09:38:28.654+05:30Proposed amendments in GST in Budget 2021Amendment
in section 7-Scope of supply:
Section of 7 of the CGST Act, 2017 deals with the scope
of supply. It defines supply in an inclusive manner. It is proposed to add
clause (aa) in sub-section 1 of section 7 which runs as under:
“(aa)
the activities or transactions, by a person, other than an individual, to its
members or constituents or vice versa, for cash, deferred payment or other
AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com3tag:blogger.com,1999:blog-585429850098620777.post-71469936489618561862021-01-25T09:01:00.000+05:302021-01-25T09:01:43.389+05:30ONE TIME SETTLEMENT SCHEME UNDER PUNJAB VAT ACT AND CST ACTWith the advent of GST and dawn of
old indirect tax regime in the form of
VAT, service tax and central excise etc, the State and Central
Governments are looking forward to bring an end to the litigation in the older
regime and in consequence thereof we are witnessing lot of dispute resolution
schemes introduced by Central and State Governments.
The Punjab Government, Department of
Excise AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com2tag:blogger.com,1999:blog-585429850098620777.post-36895390180789288642020-08-22T17:30:00.002+05:302020-08-22T17:32:56.343+05:30AADHAR Authentication process under GST Registration
Aadhaar
Authenticatiobn process has been introduced, for the persons applying for
GST registration as Normal Taxpayer/ Composition/ Casual Taxable Person/
Input Service Distributor (ISD)/ SEZ Developer/ SEZ Unit etc, in Form GST
REG 01 (refer Notification No 62/2020-CT dt 20.08.2020 ).
Under this,
Individuals, Authorised signatory of all types of AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com5tag:blogger.com,1999:blog-585429850098620777.post-21948478154832838512020-05-23T08:55:00.000+05:302020-05-23T08:55:08.252+05:30Legality of withholding refunds of exporters as per circular No. 131/1/2020-GST
Exports
under GST are considered as zero rated i.e. no tax is payable on export of
goods or services. A person making zero rated supply is eligible under GST to
claim for refund of unutilized input tax credit. The refund can be claimed by
an exporter in two ways as stated in section 16 of IGST act, 2017:
<!--[if !supportLists]-->1.
<!--[endif]-->Export under Letter of AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com0tag:blogger.com,1999:blog-585429850098620777.post-35880477284308117412020-05-20T21:25:00.003+05:302020-05-21T07:58:14.374+05:30Retrospective amendment in section 140 of CGST Act-An overview
Whenever
a new tax regime replaces an old tax regime there are numerous changes which a
taxpayer faces and there are lot of
legal challenges in the transition from old regime to new regime. For the
smooth transition of the new tax regime it is quite common to introduce the
transitional provisions under the new tax law.
GST
law is no different with respect to introduction of transitionAMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com2tag:blogger.com,1999:blog-585429850098620777.post-83518643025477677492020-05-16T13:40:00.000+05:302020-05-16T13:40:29.668+05:30RECENT LEGAL ISSUES IN GST REFUNDS
Refunds
are the important part of any tax legislation. Refund is a drawback of the
excess taxes paid to the Government subject to the conditions laid down in any
law. Article 265 of our constitution provides a base behind legislation of
refund provisions under any tax law, which provides that no tax shall be levied
or collected except with the authority of law.
GST
law also has also AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com4tag:blogger.com,1999:blog-585429850098620777.post-91163512853285821992020-01-02T10:00:00.003+05:302020-01-02T10:00:44.404+05:30Power to extend due date of TRAN-1 AND TRAN-2 in certain cases enhanced to 31.03.2020 and 30.04.2020
The Central Government has enhanced the date upto which the submission of Tran-1 and Tran-2 may be allowed to be filed to 31.03.2020
and 30.04.2020 respectively. Earlier this date was 31.12.2019 for Tran-1 and
31.01.2020 for Tran-2 form. This has been done by amendment in CGST Rules, vide
Notification No. 2/2020 Central Tax.
However this amendment is applicable
only for AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com5tag:blogger.com,1999:blog-585429850098620777.post-37880558102277384742020-01-02T09:47:00.003+05:302020-01-02T09:47:54.342+05:30Certain amendments in CGST Act, 2017 made vide Finance Act, 2019 notified wef 01.01.2020.
Central Government has implemented certain provisions of Finance Act, 2019 wef 01.01.2020. It is pertinent to mention here that clauses 92 to 112 and section 114 of the finance Act, 2019 which related to amendment in the CGST Act, 2017 are to come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint. Section 103 of the Finance Act, 2019AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com7tag:blogger.com,1999:blog-585429850098620777.post-53738051779370580562019-12-27T21:18:00.001+05:302019-12-27T21:18:49.105+05:30Blocking of input tax credit-New Rule 86A introduced under GST.
Rule
86A in the CGST Rules vide notification No 75/2019 has been introduced w.e.f.
26.12.2019 to empower the revenue to impose additional condition/restriction on
use of amount of input tax credit available in the electronic credit ledger. This
rule has given drastic powers to the Department to restrict the credit of any
person in certain cases where there is reason to believe that ITC is AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com2tag:blogger.com,1999:blog-585429850098620777.post-25028885921104753502019-10-10T07:52:00.000+05:302019-10-10T08:36:39.476+05:30 ITC not reflected in GSTR-2A to be allowed only to the extent of 20%-Due date of Tran-1 and Tran-2 extended in some cases
The
CGST Rules have been amended vide notification no 49/2019 CGST dated 09.10.2019.
Two of the most important amendments are highlighted herebelow:
<!--[if !supportLists]-->1.
<!--[endif]-->Input
tax credit of Invoices not reflected in GSTR-2A to be allowed only to the extent
of 20% of eligible credit: Rule
36 has been amended so as to insert new sub-rule AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com10tag:blogger.com,1999:blog-585429850098620777.post-60773891528842051782019-05-11T23:14:00.001+05:302019-05-11T23:14:17.377+05:30Compulsory Payment of tax before filing of GSTR-3B-Inconsistent working of GST portal
Section 146 of the CGST
Act, 2017 provides that the Government may notify the common elecronic portal
for facilitating the registration, payment of taxes, furnishing of
returns and carrying out other purposes under the said Act. In exercise of the
powers u/s 146 common e-portal (gst.gov.in) and eway bill portal have
been notified and are in operation. It is pertinent to mention AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com1tag:blogger.com,1999:blog-585429850098620777.post-66333807859612697142018-11-28T20:34:00.001+05:302018-11-28T21:03:37.074+05:30Proper officer can't invoke the bank guarantee till assessee exhausted statutory remedy
Where Competent Authority had detained goods of assessee under
transport and demanded tax as well as penalty and assessee furnished bank
guarantee for tax and penalty imposed and had goods released, Competent
Authority was restrained from invoking bank guarantee till assessee exhausted
statutory remedy
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HIGH COURT
OF KERALA
Safa Mill
AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com0tag:blogger.com,1999:blog-585429850098620777.post-38537108036164731922018-06-10T18:17:00.001+05:302018-06-10T18:20:52.633+05:30No Detention of goods on the issue of misclassification or undervaluation under GST
The Kerala High Court in a
very important judgement namely Sameer Mat Industries vs the State of
Kerala has held that Issue
of misclassification and under valuation of goods has to be gone into by
respective Assessing Officers and not by detaining officer.
The judgement is very important in view of the fact that GST
authorities are very much active across India on the AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com31tag:blogger.com,1999:blog-585429850098620777.post-57003090950559992392018-02-24T18:57:00.001+05:302018-02-24T18:57:43.039+05:30GSTN has enabled online filing of letter of Undertaking for exportsGSTN enabled online filing of LuT. Instructions for filing LUT online on GST Portal are given below:-
1.     Go to User Services and Select the Tab “Furnishing Letter of Undertaking”
2.     Select the Financial Year for which you want to furnish the LUT
3.     If you have already furnished LUT Offline, for AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com7tag:blogger.com,1999:blog-585429850098620777.post-28853904750313124572018-02-03T00:20:00.001+05:302018-02-03T00:20:34.776+05:30Eway bills officially suspended as notification issued.Government of India has recisended the notification No 74/2017 of CGST which made eway bill compulsory under rule 138 to 138D of CGST Rules. For this purpose notification No 11/2018 CGST has been issued.
The implications of this notification is that eway bill is no more compulsory as Rules 138 to 138D have been made inoperative as they were before the issuance of notification No 74/2017 CGST.
AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com3tag:blogger.com,1999:blog-585429850098620777.post-22332531745381318442018-02-01T20:33:00.001+05:302018-02-01T20:39:53.142+05:30Compulsory generation of e-way bill deferred-GOI tweets
The official handle of GST
of Government of India has tweeted that the trial phase of generation of eway
bill both for intra-state and inter-state will continue and the date from which
it will be made compulsory will be notified shortly.
After this tweet a
notification in this regard is expected soon.
AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com1tag:blogger.com,1999:blog-585429850098620777.post-15000773802569460162018-01-30T17:18:00.001+05:302018-01-30T17:18:16.129+05:30No e-way bill required till 01.04.2018 for intra-state supplies of goods in Punjab
Punjab Government has
notified under Rule 138(14)(d) of Punjab GST Rules, 2017 that e-way bill will
not be required to be generated for a period of two months from 1st Feburary,
2018 for intra-state supply of goods provided such goods do not cross the
State boundry during the transit. However, a person may voluntarily generate
e-way bill for intra-state supplies.
The e-way bill will beAMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com2tag:blogger.com,1999:blog-585429850098620777.post-43194055647089925612018-01-29T11:05:00.000+05:302018-01-29T11:06:13.230+05:30GST Rate on old and used motor vehicles reduced-latest notifications
Government has
issued the Notification No. 8/2018 Central Tax Rate read with state Tax
Notification, whereby it has reduced the Rate of GST on old and used vehicle as
follows:
1. GST-18% on Old
and used, petrol Liquefied petroleum gases (LPG) or compressed natural gas
(CNG) driven motor vehicles of engine capacity of 1200 cc or more and of length
of 4000 mm or more.
2. GST-18% on Old
AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com1tag:blogger.com,1999:blog-585429850098620777.post-16130210868447780062018-01-28T18:53:00.000+05:302018-01-28T18:53:02.747+05:30E-way bill under GST - an overview
E-Way Bill is knocking at the door as the date of its
implementation has been notified 01.02.2018. This article focuses certain main
points in the eway bill mechanism.
What is e-way bill: Section 68 of the
CGST Act, 2017 empowers Government to require any person in charge of a
conveyance carrying any consignment of goods of value exceeding the prescribed
amount to carry withAMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com2tag:blogger.com,1999:blog-585429850098620777.post-84667661574368062812017-11-10T20:02:00.001+05:302017-11-10T20:02:01.375+05:30Recommendations made by the GST Council in the 23rd meeting at Guwahati on 10th November, 2017
The GST Council, in its 23rd meeting held at Guwahati on 10th November 2017, has recommended the followingfacilitative measuresfortaxpayers:
Return Filing
a) The return filing process is to be further simplified in the following manner:
&AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com0tag:blogger.com,1999:blog-585429850098620777.post-21380472349459306822017-11-02T09:38:00.004+05:302017-11-02T09:38:49.949+05:30Exporters must file GSTR-1E for every month to speed up their refund claims
The Government of India vide
notification 51/2017 of Central tax has amended Rule 96 and Rule 96A of the
CGST Rules, 2017 to give relief to exporters in a step to speed up the refund
process.
As we know the Rule 96 and
96A provides that refund to exporters will be issued after they have filed
GSTR1 and GSTR-3 or GSTR-3B. Since the facility of filing GSTR-1 is available
only for the AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com4tag:blogger.com,1999:blog-585429850098620777.post-30902925509393084852017-08-03T07:48:00.001+05:302017-08-03T07:48:05.972+05:30No space for transitional credit in GST return form 3b
Companies have hundreds of crores of rupees in input tax credit but they may still need to pay the goods and services tax ( GST) for July and August in full, potentially disrupting working capital flows.
That’s because the relevant GSTR 3B form doesn’t provide any column for carry-forward of credit from the earlier regime of central excise duty, service tax and value added tax. AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com5tag:blogger.com,1999:blog-585429850098620777.post-73534462191244646802017-08-03T07:41:00.001+05:302017-08-03T07:41:04.071+05:30Leviability of IGST on High sea sales of imported goodsCircular No. 33 /2017-Cus
F.No.450/131/2017-CusIV
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise and Customs)
New Delhi, dated the 1st August, 2017
All Principal Chief Commissioners/Chief Commissioners of Customs /Customs
(Preventive),
All Principal Chief Commissioners/Chief Commissioners of Customs and Central Excise/GST,
All Principal Commissioners/AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com0tag:blogger.com,1999:blog-585429850098620777.post-522902390312366522017-07-31T14:17:00.001+05:302017-07-31T14:17:19.922+05:30No requirement of certificate from GST officer to claim higher rate of drawbackCIRCULAR NO.32/2017-Cus, Dated: July 27, 2017
Sub: Clarification regarding exports under claim for drawback in the GST scenario.
As you are aware, the higher All Industry Rates (AIRs) under Duty Drawback scheme viz. rates and caps available under columns (4) and (5) of the Schedule of All Industry Rates of Duty Drawback have been continued for a transition period of three months i.e. AMIT BAJAJ ADVOCATEhttp://www.blogger.com/profile/08913794360413560702noreply@blogger.com0