Credit eligibility – cases where no payment liability exists

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: Ayesha Anam, CA Vikram Katariya, CA Shilpi Jain

Under GST, any registered person would be eligible to claim ITC of taxes paid on goods or services procured, which are used or intended to be used in the course or furtherance of business and to the extent used for effecting taxable supplies, unless specifically restricted u/s 17(5) of the CGST Act, 2017 (hereinafter referred to as the ‘Act’).

Apart from the restrictions specified in section 17(5) of the Act, there could be situations where credit would become ineligible, like...

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Reversal of common ITC availed on inputs and input services

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: Bharath Chandra, CA Vikram Katariya, CA Shilpi Jain

Credit Mechanism is the backbone of the indirect tax regime which allows the assessee to take credit of tax paid on purchase of goods and services availed, in the course of business, though with some conditions and restrictions. Credit under GST is available if used for business purpose and in proportion of its usage for making taxable supplies. Reversal of input tax credit (ITC) is required in respect of procurements that are commonly used for taxable and exempted & non-business supplies or...

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Common Errors – ITC (Documentation and Recording)

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Madhukar N Hiregange, CA Vikram Katariya

The primary focus of the industry at the time of introduction of GST was on implementation/modification of ERP module to suit GST requirements, appropriate classification of goods/services and providing training to staff. Initially, the area of focus was more on the aspect of migration, correct levy of taxes, reverse charge liability and ensure timely compliances with return uploading requirements.

However, after about 12 to 15 months of GST implementation, the focus had shifted to...

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Procedure for supplies to SEZ Developer/ unit in GST

  • Category: Levy and supply
  • Date: 15-04-2020
  • Writer: CA Venkata Prasad

Introduction:

With the introduction of GST, there has been a huge chaos among SEZ Developers/ units as to the procedures to be followed w.r.t procurement of goods/ services. As the supplies to SEZ Units/Developers are declared as ‘zero rated supplies’, the suppliers to SEZ units were puzzled about the procedure to be followed for supplying the goods/services to SEZ units and SEZ Developer/units are puzzled about the procedure to be followed for procuring the goods or services.

The...

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IGST exemption vis-à-vis pre-import condition

  • Category: Levy and supply
  • Date: 15-04-2020
  • Writers: CA Hemanth Kumar, CA Venkata Prasad

Advance Authorisation (AA), is one of the schemes under Foreign Trade Policy, 2015-20 (hereinafter referred to as the ‘FTP’) which allows the manufacturer exporter or merchant exporter to import inputs without payment of customs duties in terms of chapter 4 of FTP read with Notification No.18/2015 Cus dated 01.04.2015 as amended. The AA holder has to fulfill prescribed export obligation(EO) corresponding to the duty free imports made. The duty exemption claimed needs to be paid back...

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GST on free supplies by customers

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Haritha Komma, CA Venkata Prasad

Introduction:

It is common practice prevailing in many industries that certain materials are provided by the customer to the manufacturer or contractor. This is done for various business or economic reasons. For example, moulds, jigs and dies etc., are provided by the Original Equipment Manufacturers (OEM) to a component manufacturer in the automobile industry. Similarly, the client would be supplying the diesel and explosives to the mining contractor. Likewise, the recipient would be...

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GST – Impact on accounting function

  • Category: Others
  • Date: 15-04-2020
  • Writers: CA Madhukar N Hiregange, CA Mahadev R, CA Subba Reddy

The Government of India is keen on implementing the GST law from 01.04.2017. In previous two articles, we wrote on impact of GST on sales and procurement function in case of manufacturers. Though these are the two main functions having big impact under GST, the accounting function cannot be ignored. It is accounting function which has to take care of compliances such as tax payment, return filing, registration etc. In this article, we have discussed few aspects having impact on accounting...

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Documentation under GST audit

  • Category: Others
  • Date: 15-04-2020
  • Writer: CA Subba Reddy

Introduction:

Audit documentation is the written record (including electronic record) prepared during the course of audit which forms foundation for auditor’s in preserving the various observations identified during the audit, acts as a proof of performance of audit and safeguard the auditor at the time of dispute. Besides, documents are keys to determine the trail of any transaction, it plays pivotal role in all the audits under GST law and in general. Further, the audit documentation...

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Different types of Audits /Reviews under GST

  • Category: Others
  • Date: 15-04-2020
  • Writer: CA Subba Reddy

Introduction:

In a conventional sense, audit means scrutiny, verification of documents, events and processes in order to verify facts and to draw conclusions regarding the correctness of recording of facts and the efficiency of system under study. Today, the concept of audit in general has undergone change from a transactional audit to a risk based one. 

GST law mainly functions under the principles of self-assessment wherein the tax payers assess / determine the tax liability and...

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Rate applicability on banquet hall services under GST

  • Category: Levy and supply
  • Date: 15-04-2020
  • Writers: Hema Muralidharan, Monika Motta, CA Shilpi Jain

Introduction: Banquet hall services are usually provided by hotels and it consist of supply of food and supply of other services i.e., renting the hall, serving, ambiance, etc. Restaurant services are also provided by hotels and it involves supply of food and Supply of other services i.e. serving, ambiance, etc. In Banquet, renting the hall could be the main element (as there could be a case where only the hall is rented whereas food could be procured from elsewhere, but there can never be...

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