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I am Managing Partner of Sanjeev Kavish and Associates, Chartered Accountants located at 580,LGF, Sector-45, Gurgaon. Firm is deals in Income Tax , Service Tax, Haryana VAT and Company Registration. Expert knowledge of Service tax and Haryana VAT.

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Showing 1 to 20 of 38 Results
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Transfer of Input Tax Credit on business reorganization requires FORM GST ITC 02 filing and state level apportionment of total ITC.
Transferor may transfer unutilized ITC to transferee by filing FORM GST ITC 02 with a CA/Cost Accountant certificate; apportionment uses the asset value ratio in the reorganization scheme applied at State (distinct registration) level to the total ITC balance as of the date of filing, while the asset ratio is determined on the appointed date of demerger. Transferee must accept the transfer on the portal and FORM GST ITC 02 is filed only where both parties are registered. (AI Summary)
Date 09 Apr 2020
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GST refund available for excess cash, unutilised ITC, zero-rated exports, and inverted duty accumulation under electronic procedure.
Refunds of GST are available for specific situations including excess electronic cash ledger balances, refunds to certain international or notified persons, unutilised Input Tax Credit at period end, zero-rated supplies without tax payment, and ITC accumulation from an inverted duty structure. Claims must be filed electronically on form RFD-01 with prescribed annexures (unless under Rs.2 lakh), generate an ARN and RFD-02 acknowledgement, and may attract provisional payment (up to 90%) pending final RFD-06. Refunds for accumulated ITC are limited to invoices reflected in suppliers' GSTR-1 and claimants' GSTR-2A, and verification procedures at customs and circular-based conditions apply. (AI Summary)
Date 04 Apr 2020
Replies 2 Replies
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Cancellation of registration: prescribed show cause procedure and levy of input tax credit liabilities upon deregistration.
Cancellation of GST registration applies where a person is no longer liable or has contravened the Act, and may be initiated by taxpayer, officer, or legal heir. Officers follow prescribed show-cause procedures in specified forms and timelines; cancellation does not extinguish prior tax liabilities. On cancellation the registrant must pay an amount equivalent to input tax credit on stock and capital goods or the output tax on such goods, whichever is higher, with capital goods adjustments as prescribed. Final return filing and revocation processes are governed by specified forms and conditions. (AI Summary)
Date 12 Mar 2019
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GST liability for housing societies is confined by a reimbursement exemption and ITC apportionment requirements.
Services supplied by a housing society to its members are taxable because a society is a person and provision of facilities to members constitutes business; an exemption allows reimbursement of member contributions for sourcing third party goods or services for common use up to a prescribed per member monthly limit, statutory levies collected for public authorities are excluded from GST, and input tax credit is available but must be apportioned and reversed to the extent attributable to exempt or non GST supplies. (AI Summary)
Date 23 Nov 2018
Replies 1 Reply
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Advance ruling certainty in GST reduces litigation risk and binds the applicant and jurisdictional officer, with appeal rights.
Advance rulings in GST allow registered persons or those seeking registration to obtain determinations on classification, notification applicability, time and value of supply, eligibility for input tax credit, tax liability, registration requirement, and whether a transaction constitutes a supply. Applications are made on the prescribed form with the requisite fee and are inadmissible if the same question is pending or decided under the Act. The AAR issues decisions within the statutory period, appeals lie to the AAAR with specified forms and fees, remedies include six month rectification for apparent errors, and rulings are binding on the applicant and the concerned officer but voidable if obtained by fraud or suppression. (AI Summary)
Date 08 Aug 2018
Replies 2 Replies
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GST Registration obligation: aggregate turnover and exempt supplies determine whether registration is required or mandatory.
GST registration is required when a person's aggregate turnover exceeds the threshold, but registration is mandatory in specific categories irrespective of turnover. Aggregate turnover includes taxable supplies (excluding inward reverse charge supplies), exempt supplies, exports and inter state supplies by persons with the same PAN, excluding taxes and cess. Correct classification of exempt supplies is essential to calculate taxable turnover; mixed receipts must be separated to determine registration liability. Certain persons (e.g., casual taxable persons, reverse charge payers, non resident suppliers, electronic commerce operators, input service distributors, TDS deductors, and agents supplying on behalf of others) must register without regard to turnover. (AI Summary)
Date 03 Aug 2018
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Canteen services treated as outward supply - recovery from employees triggers GST and invoicing obligation by employer.
Recovery of food expenses from employees for a company canteen is an outward supply taxable as a service under GST when the employer charges employees. The transaction constitutes consideration and the employer is a supplier; valuation for related persons must follow the valuation rules rather than simple cost. The employer must invoice employees and discharge GST. Input tax credit treatment is disputed: certain input credit restrictions are noted though counter-arguments suggest credit may be available where outward supplies are of the same category. (AI Summary)
Date 19 Apr 2018
Replies 1 Reply
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Rent-a-cab classification: vehicles over six-passenger capacity should not be treated as rent-a-cab for GST input credit denial.
Section 17(5) of the CGST Act denies input tax credit for rent-a-cab, but the term is undefined; applying Motor Vehicles Act definitions, "rent-a-cab" most closely corresponds to a motor cab (vehicles carrying not more than six passengers). Distinctions among motor cab, maxi cab, stage carriage and contract carriage-based on passenger capacity and contractual use-support treating hires of vehicles carrying more than six passengers as outside the rent-a-cab exclusion, permitting input tax credit on such hires according to the author's view. (AI Summary)
Date 21 Feb 2018
Replies 4 Replies
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GST audit procedures require statutory, departmental and special audits with prescribed notices, reports and potential tax proceedings.
The CGST Act defines Audit as examination of records to verify turnover, taxes, refunds and input tax credit. Annual accounts audit by a Chartered Accountant or Cost Accountant is mandated under section 35(5) with filing on Form GSTR-9C. Departmental audits under section 65 require notice on Form GST ADT-01, completion within prescribed timelines and communication of findings on Form GST ADT-02, potentially leading to proceedings under sections 73 or 74. Special audits under section 66 may be ordered with Commissioner's approval, require a nominated auditor's report within a set period, and are funded by the Commissioner. (AI Summary)
Date 30 Nov 2017
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Provisional assessment: allows provisional tax payment with bond and security, followed by final assessment and interest adjustments.
Multiple assessment routes in GST include self assessment by registered persons and provisional assessment where a taxpayer unable to determine value may seek provisional tax determination on execution of a bond and security; a provisional order is issued and a final order follows within prescribed periods with interest on any taxable difference or on refunds. Scrutiny empowers officers to examine returns and take action on unsatisfactory responses, while non-filer and unregistered person assessments permit best-judgement orders subject to withdrawal on subsequent compliance and interest or fees. Summary assessment enables expedited action in revenue-critical cases. (AI Summary)
Date 27 Nov 2017
Replies 1 Reply
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Summary return requirement: GSTR 3B mandates irrevocable monthly filing and payment, creating reconciliation and matching challenges.
Form GSTR-3B is a Rule 61 temporary summary return adopted to collect tax when GSTR 1, 2 and 3 filing was deferred; it requires monthly filing and payment from electronic ledgers, mandates later reconciliation with periodic returns, and is irrevocable once submitted, creating immediate cash liabilities for errors. The author argues this duplicative sequencing and the clash with quarterly filing for small taxpayers undermines invoice matching and the auto drafting of GSTR 2/GSTR 2A, producing administrative uncertainty and operational conflict. (AI Summary)
Date 15 Nov 2017
Replies 2 Replies
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Refund procedure in GST: structured claims, provisional relief for exporters and documentary verification for input tax credit reimbursement.
Refund in GST is a time bound, form based process for reimbursement of tax, interest or unutilized input tax credit arising from zero rated supplies, exports, supplies to SEZs, deemed exports and other specified grounds. Applicants must file prescribed forms with documentary evidence or certified declarations; officers acknowledge, seek deficiencies, may grant provisional payments and finally sanction refunds after verification. Refunds can be withheld or adjusted for non compliance, pending appeals or outstanding liabilities, and interest is payable where statutory timelines are missed. (AI Summary)
Date 23 Aug 2017
Replies 1 Reply
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Electronic ledgers govern GST payments, allocating cash, credit and liability entries and prioritising input tax credit use.
Electronic Cash, Credit and Liability Ledgers form the GST payment framework: deposits for tax, interest, penalty and fees are credited to the Electronic Cash Ledger via prescribed modes and challans on the common portal; input tax credit is credited to the Electronic Credit Ledger from specified sources; liabilities are recorded in and discharged through the Electronic Liability Ledger. Utilisation of input tax credit follows a prescribed priority across IGST, CGST and SGST/UTGST with limited cross use. Interest on unpaid tax accrues from the due date and also applies to excess ITC claims and reductions in output tax liability; refunds reduce the respective ledger balances as prescribed. (AI Summary)
Date 30 Jun 2017
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GST return filing obligations require invoice reporting, interparty matching, and limited rectification with tax and interest consequences.
The CGST Act establishes mandatory electronic reporting of outward and inward supplies through prescribed GSTR forms, with distinct filings for special taxpayer categories, set due dates, and a limited rectification window ending with the September monthly return or the annual return. Invoice level or consolidated submissions vary by recipient type and turnover, and HSN/SAC reporting scales with aggregate turnover. Central to compliance are interparty auto drafting, acceptance/rejection of communicated details, matching of ITC with supplier returns, and adjustments (including tax and interest) where discrepancies persist. (AI Summary)
Date 22 Jun 2017
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Job work under GST: principal may send goods without tax if conditions met, with time bound return and ITC rules applying.
Rules permit a registered principal to send inputs or capital goods to a job worker without tax if the job worker's place is declared as an additional place of business and prescribed conditions and intimations are satisfied; inputs and capital goods must be returned within specified periods or will be treated as supply to the job worker, the principal bears the onus of proof, registered job workers may supply scrap on payment of tax, and the principal is entitled to input tax credit subject to these return conditions. (AI Summary)
Date 08 Jun 2017
Replies 3 Replies
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Transaction value determines GST taxable base; include specified expenses and exclude documented discounts under valuation rules.
Transaction value is the primary taxable base when price is sole consideration between unrelated parties; it includes recipient borne amounts, non GST statutory charges, incidental expenses, non government subsidies linked to price, and interest or penalties, while documented pre supply discounts (and qualifying post supply discounts where input tax credit is reversed) are excluded. Where transaction value cannot be used, prescribed hierarchical valuation rules apply, beginning with open market value and proceeding to monetary consideration, like goods or services valuation, agent and cost rules, and a residual method consistent with section principles. (AI Summary)
Date 31 May 2017
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Time of supply rules determine when GST liability arises, governed by invoice, payment, vouchers, reverse charge, and rate-change events.
Time of supply establishes when GST liability arises: for goods and services it is generally the earlier of invoice issuance (within prescribed time) or receipt of payment, with specific provisions for small excess payments, reverse charge supplies, voucher transactions, and fallback rules that default to the date of periodic return filing or tax payment; change of tax rate rules fix time of supply by reference to whether invoice or payment occurred before or after the rate change. (AI Summary)
Date 29 May 2017
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Input tax credit principles clarified, outlining eligibility conditions, blocked credits, and compliance mechanisms for goods services and capital goods.
Input tax credit is available to a registered person only upon possession of prescribed documents, receipt of goods or services, payment of tax to government, and filing of returns; credits on installments become available on receipt of the final lot. Credits on capital goods are conditioned by depreciation claims and adjusted on switching to composition or on disposal. Credits are restricted to business and taxable supplies; specified supplies and personal use are blocked. Special provisions govern transitional claims, transfer of unutilised credit on change of constitution, job work return periods, ISD distribution mechanics, and recovery with interest for excess or untimely claimed credits. (AI Summary)
Date 17 May 2017
Replies 1 Reply
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Tax Invoice requirements: mandatory supplier/recipient and tax details, with delivery challans and vouchers as permitted alternatives.
Explains issuance and content rules for tax invoices, bills of supply, revised/supplementary invoices, debit/credit notes, receipt vouchers and delivery challans: when each document must be issued, circumstances allowing delivery challan in lieu of invoice, required data fields (supplier/recipient details, serial number, date, HSN/SAC, description, quantity for goods, taxable value, tax rates and amounts, place of supply, reverse charge indication, signature), and special documentary rules for input service distributors, goods transporters, passenger transport and exports. (AI Summary)
Date 08 May 2017
Replies 1 Reply
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Transition Input Tax Credit rules govern carryforward of pre GST CENVAT and phased partial credit with prescribed filings.
Transition rules permit provisional registration for legacy registrants with PAN and prescribe carryforward of CENVAT to the electronic credit ledger for registered persons not under composition, subject to exclusions and filing Form GST TRAN 1 with supplier, invoice and goods/services details. Absent duty payment documents, a phased partial credit is allowed at a prescribed percentage for identifiable stock meeting conditions and reporting requirements. ISD distributions, centralised registration allocations, and prescribed calculations for eligible duties and taxes are also provided. (AI Summary)
Date 21 Apr 2017
Replies 1 Reply
Sanjeev Singhal
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December 2015