Legal update from the Judiciary – Dec 2020

  • Category: assessment and litigation
  • Date: 11-01-2021
  • Writer: CA Ravi Kumar Somani

 

1) Students hostel whether to be treated as a residential dwelling for the purpose of claiming exemption:

‘Residential dwelling’ when used as ‘residence’ is exempt from tax net, however what constitutes ‘residence’ is a subject matter of dispute in as much as whether the usage be looked at from the lessee’s point of view or based on its ‘end’ use. Now, lessee when lets it out to students for hostel purpose is a commercial usage but a student when ultimately uses it...

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Fundamental Reforms in GST Law Amendments- Budget 2021?

  • Category: Latest updates
  • Date: 28-12-2020
  • Writer: CA Madhukar N Hiregange

The retrospective amendments and their impact on the certainty of tax laws is one major factor for attracting investments to India. This was highlighted in the Vodafone Issue where Rs.22 thousand crores demand by the Income tax department was held to be inequitable unfair as per the DTAT as held by the International court. This has again happened now in the recent Cairn’s issue where the international courts have not favoured retrospective practice and awarded Rs.740 crores.  

The...

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180 days ITC reversal on non-payment of consideration - A dilemma for taxpayer

  • Category: Input Tax Credit
  • Date: 23-12-2020
  • Writer: Harish P Devda

Synopsis

  • Background
  • Extract of relevant provisions and analysis for 180 days reversal
  • Whether reversal prescribed under section 16(4) 2nd proviso r/w rule 37 to be done in GSTR-3B?
  • Manner of calculating ITC reversal
  • Non applicability of 180 days ITC reversal provisions
  • Discussion in GST council meeting and validity of the provision of ITC reversal in case of non-payment of invoice value and tax within 180 days
  • Similar provision existed under erstwhile law- in Cenvat...
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E-invoicing - 50 FAQS and solutions

  • Category: Others
  • Date: 10-12-2020
  • Writer: Harish P Devda

What is e-invoicing?

e-invoicing refers as per Rule 48(4) of CGST Rules, notified class of registered persons have to prepare invoice by uploading specified particulars of invoice (in FORM GST INV-01) on Invoice Registration Portal (IRP) and obtain an Invoice Reference Number (IRN)

 

Notified persons: A registered person, other than an SEZ unit*, Insurance Company, banking company, financial institution including non-banking financial institution, GTA, supplier of passenger...

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Analysis of ITC utilization in DRC-03 for GSTR-9 & GSTR-9C

  • Category: Input Tax Credit
  • Date: 10-12-2020
  • Writers: CA Akshay M Hiregange, Varsha Vasante Gowda

We are at the flag end of filing the annual return and audit certification (GSTR 9 & 9C) For FY 2018-19 (courtesy of multiple extensions) i.e. on 31st December 2020.

Taxpayers have an option to pay additional liability not declared in GSTR-1 or GSTR-3B, in GSTR-9 through Form DRC-03 based on Para 4 of GSTR-9 instructions for FY 2017-20.

This article enumerates utilization of ITC against GST liability for payment through DRC-03 during GSTR-9 filing which would be beneficial to many...

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Legal Updates from the Judiciary – Nov 2020

  • Category: assessment and litigation
  • Date: 02-12-2020
  • Writer: CA Ravi Kumar Somani

1) Input tax credit of CGST & SGST is availed instead of IGST – A judicial view on how to Rectify:

To err is human and to make human err are the tax laws. CGST & SGST credit wrongly availed as IGST or vice-versa has been a common error by many taxpayers (Thanks to GST Common portal). Now, the law when read literally puts taxpayer in a fix in so much so that the incorrectly availed ITC is required to be reversed with no recourse of availing back the correct ITC due to time restriction...

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Difference – ST vs. IT returns (AS26)

  • Category: assessment and litigation
  • Date: 21-11-2020
  • Writers: Adv Surabhi Parihar, CA Madhukar N Hiregange

Analyzed of Causes of Differences

The sharing of the income tax returns with the service tax, central excise and VAT authorities has been a long drawn exercise with last arrangement agreed in 2015, however lately CBIC and CBDT have entered into a MOU in 2o14 and again in 2020 to facilitate exchange of data on a regular and automatic basis.

This arrangement should have enabled the respective tax departments to look at the differences between taxable turnover reflected in service tax...

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E-invoicing and its applicability with illustration

  • Category: sector specific
  • Date: 20-11-2020
  • Writer: Harish P Devda

What is e-invoicing?

e-invoicing refers as per Rule 48(4) of CGST Rules, notified class of registered persons have to prepare invoice by uploading specified particulars of invoice (in FORM GST INV-01) on Invoice Registration Portal (IRP) and obtain an Invoice Reference Number (IRN)

 

Notified persons: A registered person, other than an SEZ unit*, Insurance Company, banking company, financial institution including non-banking financial institution, GTA, supplier of passenger...

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GST on Intermediary, its Constitutional validity & proposed changes to term intermediary as exports

  • Category: sector specific
  • Date: 20-11-2020
  • Writer: Harish P Devda

Background

Under GST, tax is levied on the taxable supply of goods/services. Tax is applicable on the taxable services supplied in India.

In the GST regime, intermediary services by Indian suppliers to foreign principals are taxed to GST. In common parlance, any person who enables the supply of goods/services between two persons, is considered as intermediary.

There has been a lot of confusion regarding tax implications on the pre-sales and post-sales services vs intermediary...

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GST on Notional interest

  • Category: Others
  • Date: 02-11-2020
  • Writer: Aporna Das Gupta

There has been a lot of buzz with regard to applicability of GST notional interest. A recent Karnataka AAR in the case of M/s Midcon Polymers Pvt. Ltd. has been issued which discussed extensively in this regard and answered the question- “Whether notional interest on refundable security deposit would form part of value of supply?”

 

Let us first understand the concept of notional interest being discussed in the AAR. In a case where a house is given on rent, it is an industry...

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