Hon’ble SC holds that dealer engaged in selling exclusively to Government can claim ITC even in absence of ‘C’ Form – TVS Motor Company

The Hon’ble SC  in the case of TVS Motor Company  held that a dealer engaged in selling exclusively to Government entities  can claim ITC even in absence of ‘C’ Form  as there sales are easily verifiable.     1. The said judgement in the case of M/s TVS Motor Company Limited (Civil Appeal No. 10560-10564 …

CESTAT HOLDS THAT MERE MENTIONING OF WRONG CODE WHILE MAKING PAYMENT OF DUTY CANNOT JUSTIFY IMPOSITION OF INTEREST AND PENALTY

Recently, Hon’ble CESTAT, Allahabad has in the case of M/s Printotech Global Limited v. The Commissioner, CGST, Noida in Excise Appeal No. 71258 of 2018 held that imposition of interest and penalty is not justified in instances where assessee deposited duty by mentioning wrong code. The Hon’ble Tribunal, relied on decision of Hon’ble Gujarat High …

TRANSITIONAL CREDIT AND GST TRAN-1 ISSUE: WAY FORWARD

Loss of transitional input tax credit due to genuine reasons and restrictive transitional provisions has been a big issue since introduction of the GST Law in India. Various High Courts in plethora of judgments have provided relief to the assessees on these issues. Recently, the Hon’ble Delhi High Court has provided reliefs to various taxpayers/ …

SHORT NOTE ON GST APPELLATE TRIBUNAL UNDER CENTRAL GOODS AND SERVICES TAX ACT

An appeal against order of first appellate authority or revisional authority lies before the GST Appellate Tribunal constituted by Central Government under Section 109 of CGST Act. Jurisdiction The powers of Tribunal shall be exercised by: a. National Benches and Benches thereof (called Regional Benches). b. State Benches and Benches thereof (called ‘Area Benches’). …

Time Limit to Avail ITC for FY 2017-18 & Relief from Interest on Delayed Payment of Tax– Ramification of Gujarat HC Judgement

The Gujarat HC recently in case of AAP and Co.  held that GSTR-3B is not a return to be filed u/s 39 of CGST Act.  Mr. Pawan Arora (Joint Partner, ALA Legal), in his article analyses the legal background of the case and the ramification of the judgement while stating that resultantly, ITC for F.Y. 2017- 18can be availed by the taxpayers on or before the due date of furnishing of Annual …

Highlights of Changes proposed in Central Goods and Service Tax Act, 2017 by Union Budget, 2019

  National Appellate Authority for Advance Ruling (NAAR) has been excluded from the definition of Adjudicating authority.  New Composition Levy Scheme for Suppliers of Service or Mixed Suppliers: Proposed new alternative composition scheme for supplier of services or mixed suppliers (not eligible for the earlier composition scheme) having an annual turnover in preceding financial year …