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Knowledge Sharing Bi-Weekly Series GST Mitra Series Edition- 2020 4 th Jan 2020, Saturday Kindly whatsapp on +91 8383073005 for regular updates
Knowledge Sharing Bi-Weekly Series
GST Mitra Series
Edition- 2020
4thJan 2020, Saturday
Kindly whatsapp on +91 8383073005 for regular
updates
Mail your queries on [email protected]
http://www.thegstmitra.com/
o RBI’s MANI App Will Help Visually Challenged Identify Currency Notes http://www.thegstmitra.com/news/rbis-mani-app-will-help-visually-challenged-identify-currency-notes
o Here’s how much RBI Governor Shaktikanta Das earns every month http://www.thegstmitra.com/news/heres-how-much-rbi-governor-shaktikanta-das-earns-every-month
o GST compensation payment delay raised http://www.thegstmitra.com/news/gst-compensation-payment-delay-raised
o GST e-invoice will ease compliance; now govt must keep doing this one thing | INTERVIEW http://www.thegstmitra.com/news/gst-e-invoice-will-ease-compliance-now-govt-must-keep-doing-this-one-thing-interview
o Revenue secretary, tax commissioners to meet on streamlining GST system http://www.thegstmitra.com/news/revenue-secretary-tax-commissioners-to-meet-on-streamlining-gst-system
o Filing GST Return: How to view Inward Supplies details in Form GSTR-2A http://www.thegstmitra.com/news/filing-gst-return-how-to-view-inward-supplies-details-in-form-gstr-2a
Mail your queries on [email protected]
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West Bengal AAR in the matter of Infobase Services Pvt. Ltd. holds that supply to the Club of printing service (SAC 998912) (i.e. printing the ‘Directory of Members,2020’) and intermediary service for selling space for advertisement on behalf of the club (SAC 998362) constitutes a ‘mixed supply’ u/s 2(74) of CGST Act, 2017, taxable at 18%.
West Bengal AAR in the matter of Ambo Agritec Pvt. Ltd. holds that supply of mixture and dough of wheat flour, sugar and water cut into specific shape, which is dried and hardened by heating is classifiable under tariff item 1901 20 00.
West Bengal AAR in the case of Switz Foods Pvt. Ltd. holds that baked food preparations made of flour and containing chicken cannot be classified under HSN 1601. States that, while chicken meat is used as a filling in most of the products where bread or baked flour is used, the baked product (sandwich, puff, patty, burger, etc.) are distinct food preparations which will survive even if chicken meat is excluded from the filling; Therefore, they are not food preparations based on chicken meat and such baker’s wares cannot be classified under HSN 1601.
NAA upholds claim of profiteering u/s 171 of CGST Act, 2017 against Caroa Properties LLP while rejecting the contention of the Respondent that no investigation could be conducted by DGAP in respect of flats purchased by other buyers; Notes that tax invoices and credit notes reflecting entries made by the Respondent which reads “GST Credit Passed Back”, are frivolous as same were prepared after the DGAP report, hence, they “cannot be construed to have been made on account of passing on of the benefit of ITC.
Telecom Companies will not get input tax credit refund of Rs. 36,000 crores as the Goods and Services Tax Council (GSTC) will decline any such requests, said Bihar Deputy Chief Minister Shri Sushil Kumar Modi. The Finance Ministry currently has the input tax credit worth around Rs 18,000 crore for Reliance Jio Infocomm, roughly Rs 10,000 crore for Bharti Airtel and nearly Rs 8,000 crore for Vodafone Idea.
GST overhaul next on agenda after the Union Budget. Centre-State talks will aim to fix structural flaws that have affected revenue.
CBIC by NN 63/2019-Central Tax dated 12.12.19 extend due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the months of July, 2019 to September, 2019 till 20.12.19.
CBIC by NN 64/2019-Central Tax dated 12.12.19 extend due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore
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rupees for the month of October, 2019 till 20.12.19.
CBIC by NN 65/2019-Central Tax dated 12.12.19 extend due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir required to deduct tax at source under the provisions of section 51 of the said Act for the months of July, 2019 to October, 2019 till 20.12.19.
CBIC by NN 66/2019-Central Tax dated 12.12.19 extend due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019 till 20.12.19.
CBIC by NN 67/2019-Central Tax dated 12.12.19 extend due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the month of October, 2019 till 20.12.19.
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Evasion of GST tax liability - Prayer for not to arrest - final adjudication of tax liability has not been made as yet - petitioner submits that they have deposited a sum of ₹ 3.25 crores with the tax authorities and also undertakes to deposit an additional sum of ₹ 3 crores within seven days from date - HELD THAT:- Matter will appear for further hearing one week after vacation.(IN RE : RABINDRA BACHHAWAT- CALCUTTA HIGH COURT)
Confiscation of goods and vehicle - section 130 of the Central Goods and Service Tax Act, 2017 - HELD THAT:- The petitioner has already paid the amount of ₹ 1,85,248/-, which is more than the amount of fine in lieu of confiscation in terms of the order of confiscation passed under section 130 of the Central Goods and Service Tax Act, 2017, the respondents are directed to forthwith release the conveyance - the petitioner shall cooperate with the respondent authorities and shall furnish the details of Crown Metals as well as other details as may be called for by the respondent authorities.(RAJ CHAMUNDA ROADLINES VERSUS STATE OF GUJARAT- GUJARAT HIGH COURT)
Refund of IGST - export of goods - zero rated supplies - Validity of circular No.37/2018-Customs -
as per the circular, a person, who has made request consciously for refund of duty draw back, is not entitled to IGST/ITC claims - Sub-Section (3) of Section 16 of the IGST Act, 2017(M/S. PRECOT MERIDIAN LIMITED VERSUS THE COMMISSIONER OF CUSTOMS, THE ASSISTANT COMMISSIONER OF CUSTOMS- MADRAS HIGH COURT)
Reopening of portal and accepting application for refund of input tax credit - Refund of Input tax
credit - benefit of Circular No.94/13/2019-GST dated March 28, 2019 - HELD THAT:- In view of the Circular No.125/44/2019–GST dated 18/11/2019, issued by the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, whereby it is instructed that the provisions of the Circular dated 28/03/2019 shall continue to apply for refund applications filed in common portal before 26/09/2019 and the said applications shall continue to be processed manually as prior to the deployment of new system, the reliefs claimed in the writ petition are redressed.(M/S. SAMSUNG R & D INSTITUTE-INDIA VERSUS THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS ANT OTHERS- KARNATAKA HIGH COURT)
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