CA Vinamar Gupta
34 articles written by CA Vinamar Gupta on ConsultEase.
Refund of IGST paid on goods exported on consignment basis
Paradox of Refund of IGST paid on goods exported on consignment basis In case of export on consignment basis, it has been clarified by Circular No. 108/27/2019-GST dated 18-07-2019 read with Customs Notification 45/2017 dated 30-06-2017 that: i. Goods are removed on the basis of
GST ComplianceHow to tackle Show Cause Notices and related Judgments
Introduction In Pre GST era section 11A of the Central Excise Act, section 28 of the Customs Act and Section 73 of Finance Act 1994 dealt with SCNs • In GST law following sections deal with SCN: a) Section 73: Determination for reason other than
Finance Act 2020 provisions effective from 01-01-2021
Finance Act 2020 provisions effective from 01-01-2021 1. Composition Taxable person barred from following transactions in services in wake of composition scheme applicable to services also to a limited extent i.e. he is barred from a) Making supply of services not leviable to tax b)
GST ComplianceUnbridled powers for physical verification for gst registration
1. Before 23-03-2020, physical verification of place of business could be done only post-registration. It means physical verification of the place of business was not a pre-condition for registration. 2. W.e.f. 23-03-2020, failure of aadhar authentication before the grant of registration was declared ground for
Observations of Telangana High Court MSR, J, and TA, J pronounced on 06-11- 2020 in a case where both revenue and assessee made counter-allegations of physical assault on each other
Observations of Telangana High Court MSR, J, and TA, J pronounced on 06-11- 2020 in a case where both revenue and assessee made counter-allegations of physical assault on each other a) Whether midnight summons can be issued for on-spot examination? It was the contention of
Claim of ITC under wrong head in GSTR 3B due to wrong filing of GSTR-1 by the supplier
The claim of ITC under wrong head in GSTR 3B due to wrong filing of GSTR-1 by the supplier The issue considered by Madras High Court in Sun Dye Chem on 06-10-2020 in WP 29676 of 2019 In GSTR-1 for 2017-18, CGST and SGST wrongly
Refund of Unutilized ITC whether to be allowed to the supplier only?
Refund of Unutilized ITC whether to be allowed to the supplier only? Gujrat High Court in Britania Industries Limited discusses this issue on 11-03-2020 in the context of section 54(3), which says that a registered person shall be allowed refund of unutilized ITC as the
Whether refund claim is vested right or statutory right?
Whether refund claim is vested right or statutory right? The issue was considered by Delhi Cestat in BHEL Ltd while deciding upon the refund of education, SHE, Krishi Kalyan Cess. The appellant could not utilize these cess in the pre-GST regime because of exempt supply
Situs of Goods or accretion of goods in works contract whether relevant to determine the nature of Supply in case of Works Contract
Situs of Goods or accretion of goods in works contract whether relevant to determine the nature of Supply in case of Works Contract Introduction Though GST is destination-based tax but In a works contract, it is important to determine the point of origin from where
GST on Stage and Contract Carriage
GST on Stage and Contract Carriage Exordium In GST law the taxation in the business of passenger transportation can be divided under following categories: a) Where entire vehicle is not used b) Where entire vehicle is used Where entire vehicle is used further divisions can
Components of the definition of Plant and Machinery examined by AAR Madhya Pradesh
Components of the definition of Plant and Machinery examined by AAR Madhya Pradesh in Atriwal Amusement Park case on 09-06-2020 for allowability of ITC to an amusement park Section 17(5)(d) of CGST law restricts ITC on goods or services received for the construction of the
Refund of Inverted Duty Structure to be allowed on Input Services also
Refund of Inverted Duty Structure to be allowed on Input services also Gujrat High Court in VKC Footsteps India Private Limited on 24-07-2020 has pronounced as under: 1. Section 54(3) allows refund of any unutilized ITC but Rule 89(5) restricts refund to Inputs. [Para 23]