Mr. Anuj is practicing as partner with V.P Gupta & CO.(VPGCO). Its a 30 year old tax laws consultancy firm dealing in the field of direct and indirect taxes. Firm has very strong exposure of dealing with corporate clients. Head office is in 501 Ansal Bhawan, Connaught Place, K.g Marg, New Delhi and branch offices is in 305 Star Tower, Sector 30, Silokhera, Gurugram. Contact: 9811565365 Mr. Anuj is in practice from last 15 years. He has done MBA finance and LLB. His field of specialization is in Service tax and GST Laws. He masters in field of compliance, consultancy and litigation. He mainly deals with corporate and multinationals. He has been invited as guest speaker in many conferences and seminars. In past he held position of Secretary, North zone of ALL India Federation of tax Practitioners.
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Issue Id: 117822
Can a assesses be compelled to submit state wise p/l for purpose of audit u/s 65 in case of multi state registration company. As per Section 35 and ...
Read Full Issue Goods and Services Tax - GST
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Showing 1 to 20 of 24 Results
Limitation period applicability: Section 5's reach into GST appeals remains unsettled, affecting condonation of delayed appeals.
The issue is whether Section 5 of the Limitation Act applies to appeals under Section 107 of the CGST Act, which prescribes a three-month filing period with one-month condonation; proponents note no express exclusion and equity, while opponents stress that Section 107 constitutes a self-contained limitation regime tailored for tax administration. High Courts are divided and the Supreme Court has stayed the Calcutta High Court's rulings permitting Section 5, so the prevailing practice requires strict adherence to the four-month timeline. (AI Summary)
Goods and Services Tax - GST
Show Cause Notice procedural safeguards under GST: specific allegations, adequate time and effective hearing required before demand or penalty.
Show Cause Notices under GST must be in a prescribed format, served within statutory time limits, and expressly state the proposed demand and the specific defaults alleged so that the recipient can meaningfully respond. Notices must include material particulars, provide adequate time to reply and afford an effective opportunity for personal hearing. Where rule-based pre-notification (e.g., Form GST DRC-01A) applies, it should be issued before an SCN. Penalties and demands should not be imposed without a valid SCN, and writs against SCNs are limited to jurisdictional, mala fides or natural justice breaches. (AI Summary)
Goods and Services Tax - GST
Audit under GST: document inspection limited to legally required records, not ad hoc or irrelevant demands.
Audit under GST verifies turnover, taxes, refunds and input tax credit by examining records, returns and other documents maintained under GST and other laws. Officers may review prescribed accounts (production, supplies, stock, input tax credit, tax payable/paid) and listed documents such as financial statements, trial balance and audit reports, but may not require creation of documents not mandated by law. Requests should be limited to legally required and relevant records and applied with proportionality to business nature to avoid mechanical or excessive demands. (AI Summary)
Goods and Services Tax - GST
Input Tax Credit restriction: supplier compliance will determine whether recipients can claim ITC, potentially limiting credit availability.
The proposed Section 38 would require an auto-generated statement, based on suppliers' outward returns, to communicate to recipients which inward supplies permit ITC and which are wholly or partly disallowed; recipients' entitlement would be limited to the ITC not restricted in that statement, with prescribed supplier categories (e.g., newly registered suppliers, defaulters, underpayers, wrong-credit takers, and those not paying from the electronic credit ledger) triggering disallowance conditions. (AI Summary)
Goods and Services Tax - GST
Reason to believe must be objectively grounded and recorded before arrest powers under GST to prevent arbitrary enforcement.
Arrest powers under GST require a reason to believe grounded in objective, recorded material; belief must be based on relevant information or documents, not mere suspicion, and while courts generally do not re-assess adequacy, they will strike down beliefs unsupported by any material or that are arbitrary or whimsical. (AI Summary)
Goods and Services Tax - GST
E-invoicing mandatory for large taxpayers: IRN and QR code issuance streamlines GST reporting, ANX population and e-way bill integration.
E-invoicing implements a standardized JSON schema submitted to an Invoice Registration Portal (IRP), which computes a unique Invoice Reference Number (IRN) by hashing supplier GSTIN, invoice number and financial year, applies a digital signature, issues a QR code with key invoice parameters, and shares the authenticated invoice with seller, buyer, the GST system (for ANX-1/ANX-2 population and ITC matching) and the e-way bill system; taxpayers may pre-generate IRN only if the JSON is uploaded and validated on the IRP. (AI Summary)
Goods and Services Tax - GST
Input tax credit reconciliation under Rule 36(4): monthly matching limits admissible ITC to matched credit plus capped provisional credit.
The notification limits available input tax credit to (a) eligible ITC matched with supplier reported data and (b) a capped provisional allowance for invoices present in books but not in supplier filings, requiring a monthly reconciliation window between supplier filing and recipient claim dates to determine admissible ITC; provisional credits must be reconciled as invoices subsequently match, and practical complications include invoice timing mismatches, value discrepancies, and quarterly supplier reporting. (AI Summary)
Goods and Services Tax - GST
Power of arrest under GST requires commissioner's reason to believe and follows CrPC procedures for warrant, custody, and bail.
Arrest under GST requires commissioner's reason to believe that an offence under Section 132(1)(a)-(d) has occurred and authorisation of a central tax officer; "reason to believe" must be based on relevant material and is distinct from suspicion. Procedural aspects-warrants, custody, production before magistrate, and bail-are governed by the Code of Criminal Procedure where GST is silent. Cognizable non bailable offences permit arrest without warrant; bailable or non cognizable offences require CrPC procedures and entitlement to bail when conditions for bailability are met. Company officers can be held liable for offences committed with their consent or negligence, subject to defenses. (AI Summary)
Goods and Services Tax - GST
Abetment liability for tax consultants can trigger arrest and imprisonment for serious GST offences, prompting strict compliance.
Criminal liability attaches to tax consultants who abet or assist in GST offences; statutory arrest power extends to persons involved in invoice fraud, wrongful input tax claims, falsification of records, obstruction, dealing in confiscable goods, furnishing false information, tampering with evidence, or attempting or abetting such acts. Consultants implicated by client statements or found to have knowingly supported fraudulent submissions may be arrested and prosecuted, though prosecution requires Commissioner's sanction and many consultant relevant offences are non cognizable and bailable. Consultants should secure engagement letters, retain evidence, ensure client digital signatories, and withdraw when illegal conduct is detected. (AI Summary)
Goods and Services Tax - GST
Tax Collection at Source for electronic commerce operators requires collection from suppliers and monthly reporting and reconciliation obligations.
Section 52 places a Tax Collection at Source duty on Electronic Commerce Operators to collect TCS at the notified rate not exceeding one percent of the net value of taxable supplies made through their platform where consideration is collected by the operator; collections must be deposited monthly, bifurcated into tax components, reported in Form GSTR-8 within ten days, and are subject to a matching and reconciliation process with suppliers' returns, with penalties and compulsory registration applying for noncompliance. (AI Summary)
Goods and Services Tax - GST
Input tax credit deadline: reconcile GSTR 2A and file September returns to prevent lapse of prior year credits and adjustments.
A statutory time bar causes ITC for FY 2017-18 invoices to lapse unless reconciled and claimed in the September 2018 return. Taxpayers must reconcile books with GSTR 2A, procure vendor corrections or duplicate invoices, issue credit notes for 2017-18 by the September deadline, and finalise annual re determination of ITC attributable to exempt supplies. Reverse charge tax and eligibility conditions (invoice possession, receipt of goods/services, supplier payment, and payment to vendor) may create conflicts with the time bar and require proactive resolution before filing the September return. (AI Summary)
Goods and Services Tax - GST
Recordkeeping obligations require maintaining complete GST documents and electronic backups for production on demand to support returns.
Obligation under Section 35 read with Rules 56-58 requires registered persons to maintain detailed production, stock, inward/outward supply and tax accounts supported by invoices, delivery challans and credit/debit notes; keep records at the registered place(s) with manual volumes serially numbered; preserve books and documents for the statutory retention period and for the duration of related appeals or investigations; maintain authenticated electronic records with edit logs and an electronic back-up capable of restoration; and produce authenticated hard or electronic copies and access to files on departmental demand. (AI Summary)
Goods and Services Tax - GST
Input service distributor rules require pro rata allocation of input tax credit by recipient turnover and monthly GSTR-6 reporting.
An Input service distributor (ISD) receives service tax invoices and redistributes input tax credit to branches with the same PAN, subject to prescribed documentary requirements, monthly distribution timing, and not exceeding available credit. Distribution follows Section 20 and Rule 39: credits directly attributable to one recipient go only to that recipient; where services benefit multiple recipients, credits are apportioned pro rata by each recipient's turnover for the relevant period using C1 = (t1 / T) x C. Separate treatment is required for eligible/ineligible credits and for IGST/CGST/SGST/UTGST, with prescribed ISD invoice and GSTR-6 reporting obligations. (AI Summary)
Goods and Services Tax - GST
E-way bill requirement for movement of goods; generation, validation and documentation obligations for consignor, consignee and transporter.
Movement of goods exceeding the prescribed value requires generation of an E-way Bill, which may be generated by the registered person, transporter, or an unregistered person as applicable. The common portal issues a unique e-way bill number; the bill must accompany consignments physically or via RFID. Rules specify exemptions, time- and distance-based validity, procedures for generation in distinct cases (own conveyance, transporter handover, transfer between transporters, consolidated consignments, and transporter-generated bills when consignor/consignee do not generate), recipient acceptance mechanics, documentation to be carried, cancellation window, and reporting of detention events. (AI Summary)
Goods and Services Tax - GST
Reduced GST rate on specified works contracts eases tax burden for public infrastructure and affordable housing projects.
Notification No. 20/2017-Central Tax (Rate) reduces central GST on specified composite supply of works contract services. The reduced treatment applies to contracts supplied to governmental authorities for historical monuments, irrigation works and water treatment plants, and to a wider set of public interest constructions such as roads, bridges, urban renewal and affordable housing schemes, pollution control plants and funeral structures. A narrower reduced category covers original works for railways, single residential units, approved low cost houses, post harvest storage and mechanised food grain handling equipment. Corresponding IGST and UTGST measures have been issued; state SGST notifications are required for full implementation. (AI Summary)
Goods and Services Tax - GST
Filing extension for GSTR-3B tied to filing of TRAN-1, while tax payment deadlines remain unchanged.
The notification allows a limited extension to file Form GSTR-3B for July only for those who file Form GST TRAN-1 by the extended date, permitting carry forward and set-off of transitional input tax credit in the July GSTR-3B, provided tax for July is computed and paid by the original payment due date, TRAN-1 is filed before the deferred GSTR-3B, and any excess tax payable over amounts already deposited is paid in cash with interest; the extension applies to filing only and TRAN-1 is not revisable. (AI Summary)
Goods and Services Tax - GST
GST transition rules create conflicts on input credit, reverse charge timing and debit/credit note treatment across regimes.
Service tax transition to GST creates dilemmas on treatment of invoices received after the final service tax return, with legacy CENVAT allowing credit up to one year but GST restricting carry forward and permitting cash refund for increased credit; RCM timing differences may leave payments falling post transition where RCM coverage changes; and carry forward of pre GST tax requires invoices or tax documents be recorded within a limited period in TRAN 1, while issuance of debit/credit notes for price revisions raises conflicts among CGST, SGST and IGST rules and GST system auto calculation requirements. (AI Summary)
Goods and Services Tax - GST
Place of supply rules for OIDAR services determine GST taxability and registration obligations for non-resident suppliers.
The note defines OIDAR as internet-delivered, essentially automated services and outlines that non-resident suppliers to non-registered domestic recipients must obtain compulsory registration under the Simplified Registration Scheme and discharge tax (via a local representative or appointee if necessary). It explains that place of supply is the recipient's location, determined by satisfying two prescribed indicators, and that certain intermediaries may be treated as suppliers unless specific exceptions apply. (AI Summary)
Goods and Services Tax - GST
Zero-rated exports compliance: LUT documentation requirements vary by state, complicating uniform GST export procedures.
Exports under GST are Zero Rated supplies deliverable with or without IGST by furnishing a Letter of Undertaking (LUT). Comparative analysis of four state administrations shows a common core of required documents (PAN, GSTN, RFD 11, authorization and board resolution, IEC) but material state-level differences in required supporting evidence-examples include notarized/stamped LUT formats, bank remittance certificates (FIRC/BRC), balance sheets, export registration certificates (RCMC/Export House status), and VAT or Service Tax return copies-which complicate uniform LUT processing. (AI Summary)
Goods and Services Tax - GST
Form GSTR-3B summary return required for July-August 2017; reconcile with GSTR-1/2/3 and adjust ITC shortfalls.
FORM GSTR-3B is a temporary summary return permitted under rule 61(5) permitting condensed filing for July and August 2017 while GSTR-1 and GSTR-2 must still be filed; GSTR-1 will auto-generate GSTR-2 and GSTR-3, which will be reconciled with GSTR-3B and any tax shortfall or excess adjusted without penalty for the initial months where date relaxations apply. (AI Summary)
Goods and Services Tax - GST
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24 Feb 2022 
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