Gaps in the statute - Giving ITC where it is due

  • Category: Input Tax Credit
  • Date: 20-07-2021
  • Writer: Manish Sachdeva

Input Tax Credit – Procedure to claim April 2021 onwards

  • Category: Input Tax Credit
  • Date: 26-05-2021
  • Writers: CA Akshay M Hiregange, CA Madhukar N Hiregange

Introduction

Recently, there have been multiple amendments and notifications under GST. This leads to difficulty in confirming whether an entity is in compliance with the GST law or not. Some of the recent changes are:

  • E-invoicing being introduced in a phased manner from October 2020.
  • Finance Act 2021, having major modifications but not yet notified
  • Pandemic lockdown related notifications
  • Rule 36(4) – 5?-hoc credit reduction and validity

Considering industry hardship...

Read more

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...
Read more

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...

Read more

ITC restriction relating to construction of immovable property

  • Category: Input Tax Credit
  • Date: 17-09-2020
  • Writer: Shilpi Jain

This article has been published in the Chambers' Journal Aug '20 edition.

The credit available under GST is seemingly much wider than what was available under the earlier laws for the mere reason that under GST, credit will be available if it is used for business. However, no tax law can exist without restricting any credit and GST is no exception, which blocks certain credits even if used for business.

 

It is thus important to understand the extent of the credits blocked under...

Read more

Order of utilisation of input tax credit - Huge balances in the CGST credit ledger

  • Category: Input Tax Credit
  • Date: 11-09-2020
  • Writers: Aporna Das Gupta, Shilpi Jain

The Government’s slogan for the implementation of GST has always been ‘One Nation One Tax’, though none of the stakeholders have ever been able to relate GST to this slogan for the reason that GST has continued (as in the earlier regime of indirect taxes) to levy

  1. A Centre’s Tax i.e. IGST
  2. State Taxes i.e. each State having its own SGST like TNGST, MGST, etc.
  3. Central Taxes i.e. each State having its own CGST (depicted by the fact that the CGST of one State is not available...
Read more

Input services ITC also eligible for refund under Inverted duty structure – Analysis of Guj HC decision & its impact

  • Category: Input Tax Credit
  • Date: 04-09-2020
  • Writers: CA Venkata Prasad, Monika Motta

Impact of ITC & refund due to merger, Demerger, Spin-off and Split within India as well as Outside India

  • Category: Input Tax Credit
  • Date: 29-05-2020
  • Writers: Adv.Venkatanaryana GM, CA Spudarjunan S

Introduction

Nowadays corporate restructuring has become a need for change in the organizational structure, or business model of a company. It is done majorly to expand the business, revive a declining business, increase a company’s value or to gain a competitive advantage, attain the benefit of synergy etc. Post this Covid-19 pandemic as well, we may notice major corporate restructuring because of the covid-19 effect. One of the forms of corporate restructuring is the transfer of...

Read more

Implications of Various Discount and Promotion Schemes

  • Category: Input Tax Credit
  • Date: 13-05-2020
  • Writer: Shilpi Jain

This article features in the monthly journal of the Chamber of Tax Consultants - Apr ’20 issue.

It is inevitable for any business to have a discount, business promotion or incentive schemes being offered to its distribution channel or the end customer. These schemes take different avatars depending on business needs. This being a typical and a critical expenditure for many industries, innovation is the stress whereby business promotion schemes could take the form of free goods or...

Read more

Employee welfare expenses – higher ITC under COVID

  • Category: Input Tax Credit
  • Date: 13-05-2020
  • Writer: CA Ashish Chaudhary

 

  1. Background:

The entire world has been engulfed in tackling COVID-19 and so India. Declaration of COVID as pandemic by WHO has heightened the attention of the world on the serious ramification of the disease. This has also created obligations on the States to undertake necessary preventive and relief measures.

Indian has been proactively tackling this pandemic at the Centre and State level jointly. Union Government has invoked its powers under Epidemic Diseases Act, 1897...

Read more