Time limit for availing credit – whether linked to invoice date or supply date

  • Category: Input Tax Credit
  • Date: 14-03-2020
  • Writer: CA Shilpi Jain

Section 16(4)

Similar to the restriction under the CENVAT Credit Rules, 2004, availing input tax credit (hereinafter referred to as ITC) under GST also is time-bound. The relevant provision in this regard is section 16(4) of the Central Goods and Services Tax, 2017 (hereinafter referred to as the Act) which reads as under:

“A registered person shall not be entitled to take the input tax credit in respect of any invoice or debit note for supply of goods or services or both after the...

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What is not “supply” under GST?

  • Category: GST
  • Date: 11-03-2020
  • Writer: CA Madhukar N Hiregange

What is not “supply” under GST?

  • Category: Levy and supply
  • Date: 11-03-2020
  • Writer: CA Madhukar N Hiregange

Article 265 prohibits collection of tax except under the authority of law. Only supply as covered defined would be liable for GST. The applicability/coverage under “supply” need not be reasonable or logical. The entries for GST payable even without consideration or import of services even if it is for personal consumption and not for business indicate this.

The definition of the business appears to be all-pervasive and therefore many taxpayers/ professionals wonder what is that which...

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Valuation for services relating to JDA - commercial projects

  • Category: Levy and supply
  • Date: 21-02-2020
  • Writer: CA Shilpi Jain

The scheme of tax under GST for the real estate sector saw a sea change from 1st Apr ’19. The changes though were more for the residential projects. However, there were changes brought about in some of the provisions relating to the commercial projects as well and in this article we are specifically looking into the valuation provisions that have changed for the commercial projects.

Without getting into the provisions that existed prior to 1st Apr ’19, we would have a look at the...

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Valuation for services relating to JDA - commercial projects

  • Category: GST
  • Date: 21-02-2020
  • Writer: CA Shilpi Jain

Genesis of GST Frauds & Their Mitigation

  • Category: assessment and litigation
  • Date: 20-02-2020
  • Writer: CA Madhukar N Hiregange

In India, most of us the educated and lucky are inclined to pay just taxes. However, the uneducated or the poor are unable to meet ends and would like to avoid taxes. Let us list out some of the common factors why GST is evaded by the industry/ trade:

  1. Change management of the unorganised SME, revenue officers and IT literacy in a big way can make the advantages of being in the mainstream, ease of complying a reality. This has failed miserably. Maybe an outsourced service provider to...
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Genesis of GST Frauds & Their Mitigation

  • Category: GST
  • Date: 20-02-2020
  • Writer: CA Madhukar N Hiregange

Notice Period Recovery – liable for GST?

  • Category: Levy and supply
  • Date: 30-01-2020
  • Writers: CA Rasika Kasat, CA Venkata Prasad

In recent years, the issue of Service Tax/GST liability on the Notice period recovery is a subject matter of dispute. While certain conservative employers have made a choice to pay service tax on such recoveries, certain employers have made bold choices of not paying taxes which were followed by the issuance of the demand notices/orders confirming the service tax demand by the Revenue department. The demands are agitated before various forums and very recently the...

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