GST refunds a need for pandemic situation - Issues and Solutions

  • Category: sector specific
  • Date: 20-05-2020
  • Writer: Adv.Venkatanaryana GM

In this pandemic situation across the globe, the department is active in processing the refund applications to help the export community especially the MSME sector to combat the present situation. The next 3-6 months may be the golden period to get refunds expedited. However, at the ground level there are many issues which crop up while uploading the documents and also few clarifications which are restrictive compared to the GST law. In the articles let us discuss the issues and possible...

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Restaurant Sector facing serious GST issues

  • Category: sector specific
  • Date: 23-04-2020
  • Writer: CA Ashish Chaudhary

Background

Food supplied by a restaurant is whether supply of goods or supply of services? This question has been hovering since last few decades. The Constitutional Amendment by inserting Article 366 (29A) (f) partially included it within the definition of deemed sale of goods. With introduction of service tax law, the service portion was separately identified in the restaurant services through deeming fiction provided in the Valuation Rule. Thus, both VAT and Service Tax were levied on...

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Tax / GST treatment to be given in case of cancelled flats

  • Category: sector specific
  • Date: 15-04-2020
  • Writers: Asiya Begum, CA Shilpi Jain

GST compliance for real estate has always been a nightmare considering the frequent changes in the rates, tax structure, GST returns to be filed, so an and so forth. Assessee to be tax compliant has to look for ways and means to make the tax compliances easier. An attempt was made to simplify the GST compliance relating to real estate and to reduce the GST cost to the ultimate customer by way of introducing a new scheme of rate. But the new scheme also does not look simple. 

GST...

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Impact of GST on Real Esatate Sector

  • Category: sector specific
  • Date: 15-04-2020
  • Writers: CA Madhukar N Hiregange, CA Ravi Kumar Somani

One of the most complex areas of the tax levied by the Centre and the States is works contract and sale of property. Currently, such transactions are broken into three parts – the value of goods and materials, value of services and value of land. The States apply VAT to the goods portion and the Centre taxes the services portion, with no explicit tax on the transaction value of land. The State also collects stamp duty and registration charges for the registration of property. Each...

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Date of liability w.r.t to JDA entered in pre-GST regime

  • Category: sector specific
  • Date: 15-04-2020
  • Writers: Monika Motta, Nagasena

Introduction:

  • Real estate is an important sector of the economy and Joint Development Agreements (hereinafter referred to as ‘JDA’) forms one of the fundamental parts of such sector. JDA is an agreement entered between the landowner and the developer wherein the landowner would provide the right to the developer to develop the land, in return for the construction services to be provided by the developer. Let us analyze a situation wherein such JDA was entered in the service tax...
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GST - Impact on Procurements for the manufacturers

  • Category: sector specific
  • Date: 15-04-2020
  • Writers: CA Madhukar N Hiregange, CA Mahadev R

The Government of India along with the States have moved very fast in last couple of months to roll out GST law from 01.04.2017. Latest being forming of GST council,  rules, FAQs etcetera could certainly make the GST introduction reality. The business community along with professionals have to analyse the GST impact on pricing policies, various business functions such as sales, procurement, cash flow, its internal control system and IT systems. In this article, we analyse the impact on...

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Aftermath of COVID19-Stimulate Pharma Industry

  • Category: sector specific
  • Date: 14-04-2020
  • Writer: CA Vasant K. Bhat

COVID19 has applied sudden break to halt all industries except few. Pharma is one of the exceptional industries wherein some activities are happening being essential in the current crisis. Though pharma industries are allowed to function during the lockdown, many challenges like, transportation of employees, movement of active pharmaceutical ingredients (API), movement of finished goods and sourcing of required bulk drugs have slowed down the production and supply. Substantial amount of APIs...

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Critical issues in logistics sector

  • Category: sector specific
  • Date: 14-04-2020
  • Writers: CA Anil Kumar Bezwada, CA Ashish Chaudhary

Introduction:

Logistics industry has a critical role to play in the manufacturing industry and trading activities. It is considered as backbone of the economy. In simple words logistics can be considered as movement of goods from point of origin to point of consumption. After raw materials cost, transportation cost is major one to play critical role in fixing the price. Logistics activities involves loading, unloading, packing, storage, warehousing and transportation. The new tax reform...

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Critical aspects of GST – Hotel Industry

  • Category: sector specific
  • Date: 08-04-2020
  • Writer: CA Rajesh Maddi

Hotel industry is one of the major impacted industries due to Corona virus (Covid 19) Pandemic. It is high time for the industry to reduce their costs and ensure that they are not hit with GST non-compliance notices. Since, the substantial business of the industry would be B2C (business to customer), any future demands by GST authorities would become cost.

Considering the vast experience in the hotel industry, the author wishes to explain the GST related burning issues faced by the hotel...

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Practical Guide on new Scheme of Taxation for Real Estate

  • Category: sector specific
  • Date: 29-04-2019
  • Writers: CA Ashish Chaudhary, CA Roopa Nayak, CA Sudhir VS

PREFACE 

The transactions in the real estate sector have their own peculiarities and thereby one has always felt the need for having a separate set of provisions that would be more specific to this sector rather than the general provisions that would be applicable to any other sector. This need was felt right from the sales tax ( later VAT) as well as in service tax regime.  
However, with the series of changes that have been made effective from 1st April, 2019 it can be seen that the...

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