Indirect Tax Alert – March 2023

GST Calendar –Compliances for the month of March’2023 Nature of Compliances Due Date GSTR-7 (Tax Deducted at Source ‘TDS’) April 10, 2023 GSTR-8 (Tax Collected at Source ‘TCS’) April 10, 2023 GSTR-1 April 11, 2023 IFF- Invoice furnishing facility (Availing QRMP) April 13, 2023 GSTR-6 Input Service Distributor April 13, 2023 GSTR-2B (Auto Generated Statement) April 14, 2023 GSTR-3B April 20, 2023 GSTR-5 (Non-Resident Taxable Person) April 20, 2023 GSTR-5A (OIDAR Service Provider) April 20, 2023 PMT-06 (who have opted

Effective Changes with the advent of a New Year,2021

Notification No. 94/2020-Central Tax dated 22.12.2020, CGST Change in Rule 86B (Restriction on use of Input Tax Credit for discharging the output liability) has been inserted into CGST Rules, 2017, and is effective from 1st, January 2021. Exemption to the Rule 86(4) Rule 36(4) of CGST Rules, 2017 Rule 59 of CGST Rules, 2017 Rule 9(1)a of CGST Rules, 2017 Recent Judgement M/s Hindustan Zinc Limited v/s Commissioner Central Goods and service Tax, Appllate Tribunal Delhi- Where the commissioner dismissed

Mixed bag on timelines

Eway Bill GST Registration CBEC-20/13/06/2020-GST Instruction No. 4/3/2020-GST, directs the Standard Operating Procedures (SOP) for verification of taxpayers granted deemed GST registration. During the period from 21st August’2020 to 16th November’2020, deemed registration were granted where Aadhaar authentication has either not been opted or authentication has failed. A mandatory physical verification shall be done by proper officer for the deemed registration granted. Recent Judgements Supreme Court in its judgment dated 03.12.2020 Petitioner contended that the definition of goods u/s 2(52)

Something good comes out of every crisis

High Courts giving clarity on refunds and exports; Relief in late fee till September 30th 2020 Gujarat High Court, Ruling-1   Material Recycling Association of India   Issue Involved: Determination of Place of Supply of Intermediary Services supplied outside India. Facts: The applicant, being registered person in taxable territory is rendering business promotion and marketing services (Intermediary services) outside India, for which consideration is received in convertible foreign exchange. They also facilitate the sale of recycled scrap goods for their foreign

There is nothing called as good tax but there is something surely called as defer levy

In the testing time the government has been supporting by deferring the compliance dates and capping Late fees. Clarification is offered by CBIC on the limitation of GSTR-2A mismatch would not apply on ITC from RCM, Imports and ISD and non exigibility of GST on Directors Remuneration to executive directors. Gujarat High Court, Ruling-1   Om Sai Trader– Issue Involved: Validity of notice issued due to discrepancy in e-way bill regarding registration no. of vehicle. Facts: In the aforesaid case the

Past tense, present deeds

Delhi High Court, Ruling-1   Bharti Airtel Pvt. Ltd. – Issue Involved: Amendment of GSTR-3B filed Facts: With the introduction of GST Law, the telecom company got approximately 50 GST registrations all across the country. Due to significant difference in compliance in the implementation of new law, there were some technical changes for enabling GSTR-1/2/ and 3 which couldn’t be operationalized, through introduction of new Form GSTR-3B (summary form). As the portal was not equipped to handle the transition from erstwhile

Benefits introduced by the GST Authorities

In the times of pandemic, GST Authorities have extended few benefits to generals by relaxing late fees and interests on compliances, processing refunds at earliest, easing FTP guidelines pertaining to import and export. A few of relaxation and favorable amendments have been made by CBIC in past one month, few of them are briefed as under. Jharkhand High Court, Ruling-1                 Mahadeo Construction Co. Issue Involved: Whether recovery procedures can be initiated without issue of proper Show Cause Notice Facts: