GST - ITC on the construction of immovable properties – Orissa High Court

  • Category: Input Tax Credit
  • Date: 27-05-2019
  • Writers: CA Madhukar N Hiregange, CA Venkata Prasad

The Constitutional (101) amendment Act 2016 clearly states in the Statement of Objectives for ushering in GST that it is to remove the cascading effect of taxes and allow the seamless flow of the tax credit across the supply chain. It means that it should avaoid tax on tax.

Conceptually, GST is levied on ONLY value addition at each stage of supply chain starting from manufacture or import and till the last retail level. This is with a facility of the Input credit (‘ITC’ for short) of...

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Input tax credits – GST Versus CENVAT / KVAT

  • Category: Input Tax Credit
  • Date: 10-07-2017
  • Writers: CA Madhukar N Hiregange, CA Mahadev R

Long pending GST law has been implemented in India from 1st July 2017. Though it was introduced in hurry with lot of confusions and lack of clarity in many areas, we have to get used to it and move on. GST may not be actually ‘Good and Simple Tax’ as described by honorable prime minister Narendra Modi ji. However, this new law has lot of advantages for a businessman especially the manufacturer or trader located in multiple States. One such advantage is seamless credit of tax paid on...

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Gearing Up for GST –Input Tax Credit under GST - Part 4

  • Category: Input Tax Credit
  • Date: 10-04-2017
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

This article is based on the GST Bill 2017 which was released in public domain in last week of March 2017.    

Background  

The promise by all the FMs on the various forums and business expectation was that seamless credit would be permitted under GST. The reality is that restrictions on credit availment have been continued under GST regime except for traders getting service tax and service provider getting VAT credit. On going through Central GST Bill 2017, it can be seen...

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Input Tax Credit Under the CGST Act & Draft Rules – Is it seamless

  • Category: Input Tax Credit
  • Date: 02-04-2017
  • Writer: CA Madhukar N Hiregange

This paper has been written purely as a good and honorable citizen of India wanting us to reach the pride of place in the world tomorrow.  

The GST is said to be the biggest tax reforms in indirect taxation. The merger of 11 taxes; reduction in 200 + rates to less than a dozen; lesser compliance burden to the traders, manufacturers and some service sectors; the start of breaking down the barriers between the States- one unified market; reduction in costs – making goods competitive...

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Reversal of credit on exempted services before 30th June

  • Category: Input Tax Credit
  • Date: 02-04-2017
  • Writers: CA Madhukar N Hiregange, CA Mahadev R

Mechanism of availing Cenvat credit in case of manufacturers or service providers having both taxable and non-taxable activities has been subject to litigation. Lot of developments have happened in Rule 6 of Cenvat credit Rules 2004 in specifying the mechanism for availing the credits. The latest was in the year 2016. The scope of exempted services was enhanced with amendment of ‘exempted services’ meaning. Assesses would have opted for proportionate credit reversals for FY 2016-17...

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Understanding GST Model Law - Input Tax Credit

  • Category: Input Tax Credit
  • Date: 05-12-2016
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

This is the eight in the series of proposed articles on the GST Model law. No 7 was on Input Services tax credit. The purpose is mainly to create awareness and enable one to look at the unintended impact as maybe applicable for each sector/ person. It could also aid in representation needed for amendment of the Model GST Law to make it tax payer friendly and meet the objective of clarity, certainty and transparency.    

Background   

Same as Part - 7 (Please see earlier...

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Understanding GST Model Law - Tax credit on Capital goods

  • Category: Input Tax Credit
  • Date: 15-07-2016
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

This is the ninth in the series of articles to understand the GST Model Law. The purpose is mainly to create an awareness and enable one to look at the unintended impact on his her sector. It would aid in making representations to make this law tax payer friendly, simple and transparent.  

The GST Model Law has been put in public domain to get the feedback for amendments. This law requires in the opinion of the paper writers amendment to avoid cascading and reach the objective of...

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Understanding GST Model Law – ITC

  • Category: Input Tax Credit
  • Date: 13-07-2016
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

This is the seventh in the series of proposed articles on the GST Model law. The purpose is mainly to create awareness and enable one to look at the unintended impact as maybe applicable for each sector/ person. It could also aid in representation needed for amendment of the Model GST Law to make it tax payer friendly and meet the objective of clarity, certainty and transparency.

Background

The cenvat credit scheme under present law was intended to be a beneficial scheme to allow the...

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