E-invoicing and its applicability with illustration

  • Category: sector specific
  • Date: 20-11-2020
  • Writer: Harish P Devda

What is e-invoicing?

e-invoicing refers as per Rule 48(4) of CGST Rules, notified class of registered persons have to prepare invoice by uploading specified particulars of invoice (in FORM GST INV-01) on Invoice Registration Portal (IRP) and obtain an Invoice Reference Number (IRN)

 

Notified persons: A registered person, other than an SEZ unit*, Insurance Company, banking company, financial institution including non-banking financial institution, GTA, supplier of passenger...

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GST on Intermediary, its Constitutional validity & proposed changes to term intermediary as exports

  • Category: sector specific
  • Date: 20-11-2020
  • Writer: Harish P Devda

Background

Under GST, tax is levied on the taxable supply of goods/services. Tax is applicable on the taxable services supplied in India.

In the GST regime, intermediary services by Indian suppliers to foreign principals are taxed to GST. In common parlance, any person who enables the supply of goods/services between two persons, is considered as intermediary.

There has been a lot of confusion regarding tax implications on the pre-sales and post-sales services vs intermediary...

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GST on Notional interest

  • Category: Others
  • Date: 02-11-2020
  • Writer: Aporna Das Gupta

There has been a lot of buzz with regard to applicability of GST notional interest. A recent Karnataka AAR in the case of M/s Midcon Polymers Pvt. Ltd. has been issued which discussed extensively in this regard and answered the question- “Whether notional interest on refundable security deposit would form part of value of supply?”

 

Let us first understand the concept of notional interest being discussed in the AAR. In a case where a house is given on rent, it is an industry...

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GST Case law Update – October 2020

  • Category: GST Updates
  • Date: 02-11-2020
  • Writer: CA Sudhir VS
  1. Supply of goods and supply of service made form different registration of the same taxpayer is neither a works contract nor composite supply?

Maharashtra Appellate Authority for Advance Ruling in the case of Vertiv Energy Pvt Ltd 2020-TIOL-50-AAAR-GST has ruled when the goods are supplied from one registration and the installation of such goods has been made from different registration would not be a composite supply.

Facts:

  1. Single contract for supply and installation of...
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Professional Empowerment Series – Growth & Sustenance – Art- 13

  • Category: Empowerment
  • Date: 30-10-2020
  • Writer: CA Madhukar N Hiregange

The world is changing and if one is not aware of what the future is and what major changes are taking place in the future, one may not be able to sustain the practice. The users, needs of users, method of delivery, form of delivery among many others would change. The speed of change is amazing. Yesterday we were talking of what the millennials need today, we have started on the Gen Z. Technology and automation is increasingly replacing the professional’s routine jobs (reconciliations,...

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Various facets of simultaneous power in Article 246A

  • Category: Levy and supply
  • Date: 27-10-2020
  • Writer: Manish Sachdeva

Indian polity forced India to adopt the dual GST model where both the Centre and the State would collectively levy and collect GST. Before the insertion of Article 246A in the Constitution of India (COI), both the Parliament (P) and Legislature of the States (SLs) possessed independent powers to levy and collect taxes on different mutually exclusive aspects. Both the functionaries’ tried to maintain respectable distance with the legislative field belonging to the other. The conflicts, if...

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Motor Vehicle – blocking is from the perspective of design or usage

  • Category: GST
  • Date: 27-10-2020
  • Writer: CA Shilpi Jain

This Article has been published in the Chamber's Journal Oct'20 Edition

The credits mentioned in section 17(5) of the CGST Act, 2017 are blocked and would not be eligible to the assessee even if used by him for business. All credits other than these, if used for making taxable supplies, would be eligible, provided the other conditions in the law are also satisfied. Hence it is important to understand the scope and ambit of these blocked credits to ensure that the assessee does not lose...

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Professional Empowerment Series- Leveraging Technology Vs Addiction – Art-12

  • Category: Empowerment
  • Date: 24-10-2020
  • Writer: CA Madhukar N Hiregange

The exploding power of the internet along with search engines like Linked in, Google, Meet up, Face Book- professional networks, Xing, Zoom etc. have made answers to basic questions available at a click or couple of clicks. The googles, amazons, flipcarts, have ensured that all smart phones come with so much capability and pre loaded utilities that one is marrying into the UNKNOWN. Unfortunately, they have/ are becoming the monopolies of the world. Bigger than many smaller countries /...

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Summary of Notifications issued on 15th & 16th October 2020

  • Category: GST Updates
  • Date: 20-10-2020
  • Writer: Hiregange Team

Empowering Practice Series – Avoiding Procrastination – Art-11

  • Category: Empowerment
  • Date: 17-10-2020
  • Writer: CA Madhukar N Hiregange

In my life, the cost of postponing by days, months and at times years of important aspects of life, profession included has been enormous when the past put though this filter. Since majority of time is in profession, the bulk of incidents where I have not done, not started, delayed decisions, commitments has had the effect of pulling me back, slowing me down. I have in fact postponed the exercise to introspect on this aspect for at least a few years. It is a fact that even highly driven and...

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