GST NEWSLETTER - April 2020

  • Category: GST Updates
  • Date: 22-04-2020
  • Writer: Hiregange Team

Refund option under GST to EOUs for goods manufactured using tax/duty free capital goods

  • Category: GST
  • Date: 21-04-2020
  • Writer: CA Shilpi Jain

Initially the imports by the EOUs were liable to IGST and compensation cess. However, from 13th Oct ’17, the goods imported by them were also exempted from IGST and compensation cess (CC) by way of notification No. 78/2019-Customs. This notification provided exemption from IGST, CC in addition to basic customs duty (BCD) for the specified goods, which also included capital goods, i.e. EOUs could import the specified inputs and capital goods without payment of IGST, CC and BCD.

However,...

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Inspection, Search & Seizure under GST

  • Category: GST
  • Date: 18-04-2020
  • Writer: Adv Surabhi Parihar

Goods and Service Tax (GST) is incorporated with an intention to provide a simple and streamlined tax flow structure. The intention itself provides a legal backing to section 67 to 72 of the Act that allows the enforcement machinery i.e. tax officers to inspect, search and seize records for proper ascertainment of payment of tax and prevent evasion of tax.

The article mainly focuses on two segments i.e. the power of inspection, search & seizure, the manner of its conduct, and the...

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PRIVATE CUSTOMS BONDED WAREHOUSE

  • Category: Customs & FTP
  • Date: 15-04-2020
  • Writer: CA Pradeep V

About Customs Bonded Warehouse:

Customs warehousing is a procedure under which imported goods are stored under customs control in designated place without payment of import duties. The provisions related to warehousing are under Chapter IX of the Customs Act,1962. Apart from the specific provisions, certain regulations like Manufacture and Other Operations in Warehouse Regulations, 2019(MOOWR 2019), Warehouse (Custody and Handling of Goods) Regulations, 2016 and the Warehoused Goods...

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Input Tax Credit Review Audit – GST

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

The GST audit under Section 35 (5) of CGST Act 2017 has to be done by a registered taxpayer whose annual turnover is more than Rs.5 Crores in a financial year (earlier threshold limit was Rs.2 Crores for FY 2017-18). However, the industry and trade need to carry out input tax credit review before the last date of filing of September return of the subsequent financial year. It is understood that there could be a number of errors of understanding, system errors and transactional mistakes. The...

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Credit eligibility – cases where no payment liability exists

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

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 Shilpi Jain, CA Vikram Katariya

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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