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News Indirect Tax-GST

  • Sep 20, 2023
  • Geocoding Functionality for the Additional Place of Business

    GSTN is pleased to inform that the geocoding functionality for the "Additional Place of Business" address is now active across all States and Union Territories. This builds upon the geocoding functionality earlier implemented for the principal place of business, operational since February 2023.

    2.To date, over 2.05 crore addresses have been geocoded for both principal and additional places of business by GSTN. Moreover, since March 2022, all new addresses are geocoded at the point of registration, ensuring consistent accuracy and standardisation from the beginning.

  • Sep 19, 2023
  • Time limit under GST to claim input tax credit constitutionally valid: HC

    The Patna High Court has upheld the constitutional validity of a provision that imposes a time limit for availing input tax credit (ITC) under the Goods and Services Tax (GST) laws.
    Section 16(4) of the Central GST Act and the Bihar GST Act stipulate that ITC will be denied after November 30 following the end of a financial year to which the relevant invoices or debit note pertain or after furnishing the relevant annual return, whichever earlier.

  • Sep 18, 2023
  • GST dept proposes addl tax on liquor to mop up more revenue

    The Goods and Services Tax (GST) department in Mumbai has proposed a hike in the tax on liquor served in restaurants and hotels below 3 stars, from 5% to 10-15%. This could help the government increase revenue by ?300 to ?600 crore annually. The department has also proposed an increase in tax on gold and gold jewellery, as well as uniformity in tax on fabric and readymade garments. No decision has been made by the government on these proposals.

  • Sep 16, 2023
  • GST on brand name usage baffles banks

    Banks are facing uncertainty on the applicability of goods and services tax (GST) on the use of a common brand name of the bank by all its branches and subsidiaries, said two people privy to the development.

  • Sep 16, 2023
  • 31 state benches of GST Appellate Tribunal notified

    The finance ministry has notified setting up of 31 benches of GST Appellate Tribunal (GSTAT) in all states and union territories.

    Currently, taxpayers who wish to appeal against the ruling of tax authorities are required to move to their jurisdictional high courts; setting up state benches would fastrack dispute resolution process.

  • Sep 15, 2023
  • Centre notifies setting up of 31 state benches of GST Appellate Tribunal

    After a wait of six years, the centre on Thursday notified the setting of the 31 state bench of the GST Appellate Tribunal Centre announced for 28 states and eight union territories.

    In March, Parliament had cleared changes in the Finance Bill to pave the way for setting up appellate tribunals for resolution of disputes under GST.

    Currently, taxpayers aggrieved with ruling of tax authorities are required to move the respective High Courts.

  • Sep 14, 2023
  • Time limit for Reporting Invoices on the IRP Portal

    It is to inform you that it has been decided by the Government to impose a time limit on reporting old invoices on the e-invoice IRP portals for taxpayers with AATO greater than 100 crores.

    2.To ensure timely compliance, taxpayers in this category will not be allowed to report invoices older than 30 days on the date of reporting.

    3. Please note that this restriction will apply to the all document types (Invoices/Credit note/Debit note) for which IRN is to be generated.

    4.For example, if an invoice has a date of November 1, 2023, it cannot be reported after November 30, 2023. The validation built into the invoice registration portals will disallow the user from reporting the invoice after the 30 days window. Hence, it is essential for taxpayers to ensure that they report the invoice within the 30 days window provided by the new time limit.

  • Sep 12, 2023
  • Goods in transit can't be seized under GST law without inquiry: HC

    The Andhra Pradesh High Court has ruled that the goods and services tax (GST) authorities cannot seize items in transit without first conducting an inquiry into the authenticity of the transaction, even if the original supplier does not have GST registration.
    The goods were in transit on a truck when they were intercepted and detained by GST authorities. Their rationale for the detention was that the original supplier in Vijayawada did not have a GST registration since it had been suspended.

  • Sep 12, 2023
  • Businesses over turnover over Rs 100 cr cannot report e–invoices older than 30 days from Nov 1

    Businesses with Aggregate Annual Turnover (AATO) over Rs 100 crore will not be allowed to report e-invoices older than 30 days on the date of reporting under the goods and services tax (GST) from November One.

    “It has been decided by the GST Authority to impose a time limit of 30 days for reporting of invoices from date of invoice, on e-invoice portals,” said an advisory issued by the GST e-invoice systems on Monday.

    “This time limit is applicable for taxpayers with AATO greater than or equal to 100 crores,” it added.

  • Sep 04, 2023
  • Business can claim ITC on goods procured for distribution to dealers for achieving sales target: GST AAR

    Businesses can claim input tax credit on items, like gold coins and white goods, procured for distribution to dealers upon achieving pre-specified sales targets as part of promotional schemes, a GST advance ruling authority has ruled. The Karnataka-bench of the AAR (Authority for Advance Ruling) ruled that ITC can be availed on taxes paid for procurement of white goods or gold coins for the purpose of incentive to dealer as it is a supply.

    Orient Cement Ltd had approached the AAR seeking ruling in whether ITC can be claimed on distribution of gold coins and white goods to its dealers upon achieving a specified target fixed under the scheme. The company also offers various promotional schemes “Monthly/ Quarterly Quantity Discount Scheme”, etc. The said sales promotion scheme helps the company in achieving their sales and collection targets.

  • Sep 02, 2023
  • Introducing Electronic Credit Reversal and Reclaimed statement

    Vide Notification No. 14/2022 – Central Tax dated 05th July, 2022 (read with circular 170/02/2022-GST, Dated 6th July,2022), the Government introduced certain changes in Table 4 of Form GSTR-3B so as to enable the taxpayers in reporting correct information regarding ITC availed, ITC reversal, ITC re-claimed and ineligible ITC. The re-claimable ITC earlier reversed in Table 4(B)2 may be subsequently claimed in Table 4(A)5 on fulfilment of necessary conditions. Such reclaimed ITC in Table 4(A)5 also needs to be explicitly reported in Table 4D(1)..

    In order to facilitate the taxpayers in correct and accurate reporting of ITC reversal and reclaim thereof and to avoid clerical mistakes, a new ledger namely Electronic Credit and Re-claimed Statement is being introduced on the GST portal.

  • Sep 02, 2023
  • GST revenues grow 11% to about Rs 1.6 lakh crore in August

    The GST revenues for August 2023 have shown a growth of 11 per cent year on year due to increased compliance and less evasion, Revenue secretary Sanjay Malhotra said on Friday. The collection from Goods and Services Tax (GST) was Rs 1,43,612 crore in August 2022. “Roughly numbers are in the range of 11 per cent year on year growth as in earlier months,” Malhotra told reporters.

    A 11 per cent growth roughly translates to around Rs 1.60 lakh crore. He was replying to a question on the expected GST revenue numbers for August, the data for which will be released later on Friday.

  • Aug 29, 2023
  • Advisory for applicants where GST Registration application marked for Biometric-based Aadhaar Authentication

    Rule 8 of CGST Rules had been amended to provide that those applicants who had opted for authentication of Aadhaar number and identified on the common portal, based on data analysis and risk parameters, shall be placed for biometric-based Aadhaar authentication and taking photograph(s) of the applicant.

    2.Pilot for implementation of the above change is ready and the functionality is ready for roll out by GSTN portal. This functionality is being launched in Puducherry from 30th August, 2023 in the pilot phase. After submission of application in Form GST REG-01 and before generation of ARN, the applicant will either get the message for visiting GST Suvidha Kendra (GSK) or a link on the declared Mobile and Email ID; as may be applicable at TRN stage, based on identification by common portal so that registration process may be completed.

  • Aug 24, 2023
  • ITC can't be claimed till seller pays tax: High court

    The Patna high court, in a recent decision that favours the GST authorities, ruled that input tax credit (ITC) is akin to a privilege or a concession rather than an inherent entitlement provided within the GST framework. The eligibility to claim ITC for a buyer hinges not only on the amount collected by the seller (dealer) via the invoice raised, but also on the timely remittance of this sum by the seller to the government. The responsibility of proving that the tax collected has been remitted to the government rests with the buyer.

  • Aug 22, 2023
  • Small taxpayers need to be vigilant in checking up on GST demand notices: Experts

    Recently, the Supreme Court of India upheld the order of the Patna High Court where it dismissed a writ petition filed by a taxpayer against a GST assessment order.

    In the case of Vishwanath Traders, the order has wide ramifications for Small Medium Enterprises (SMEs), Micro, Small & Medium Enterprises (MSMEs), ‘small business persons’ and professionals. This occurred because several of them approach the high courts directly for remedy against a demand notice which is due to a delay in filing an appeal from their side.

    Sunil Gabhawalla, founding partner of a CA firm, told TOI that a response (appeal) to a demand notice must be made within three months. In case of a delay, the jurisdictional appellate commissioner can be approached for seeking a one-month extension.

  • Aug 19, 2023
  • E-Invoice Glossary and Steps

    GSTN has prepared an informative resource in the form of an e-invoice glossary and a step-by-step guide for your reference.

    You can access and download the PDF document by clicking on the link below:

  • Aug 19, 2023
  • WTC Mumbai submits memorandum for GST issue redressal

    MVIRDC World Trade Center Mumbai has submitted a memorandum to address 12 challenges faced by trade and industry in complying with GST. The memorandum has been submitted to the Central Board of Indirect Taxes & Customs (CBIC) and the GST Council.

    This memorandum highlights the emerging challenges or concerns of the industry and suggests suitable recommendations to address these challenges.

    It also outlines some of the existing gaps or ambiguities in the GST regulations applicable for export shipments. The Indian government may support the exporter community, which is currently facing hardship from the global slowdown, by addressing these gaps or ambiguities.

  • Aug 18, 2023
  • GSTN looking for consultancy firm to prepare roadmap for transitioning IT systems to GST 2.0

    With Infosys' contract for providing technology support for Goods and Services Tax (GST) ending in September 2024, GST Network (GSTN) has started scouting for a consultancy firm to prepare the bid document for the selection of a new service provider and a roadmap for transitioning the system capacity to the next level -- GST 2.0. The consultancy firm would have to ensure a competitive bidding process and a seamless transition of the IT service backbone of GSTN to another technology company, who would be providing the software and hardware required in GST systems for the next seven years beginning October 1, 2024.

    The scope of work of the consultancy firm would include preparing a request for proposal (RFP) document by evaluating the present system, based on the experience of the GST technology system of the past seven years, and provide a roadmap for enhancement and operations for the next contract period.

  • Aug 14, 2023
  • Back Content creators' income from ‘X’ will be subjected to GST? Experts say

    Elon musk had earlier in August announced that the subscribers of X Premium (Blue) will be eligible to receive their share in the ad revenue. The remuneration that individuals will receive from ‘X’, formerly known as Twitter, as part of its advertisement revenue are likely to be taxed 18% GST, experts have told news agency PTI.