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5 Major Developments in India

5 Major Developments


Cryptocurrency and NFT

To dodge crypto tax, Indian users take global exchange route

E-Invoicing

GST e-Invoice / IRN System – Electronic Invoicing in India – Expansion scope on Oct 1, 2022

 

Refund

Recent Amendments in GST Refunds

Interest on Refund is allowable for amount deposited during Investigation: CESTAT

Refund allowed of IGST paid by assessee on ocean freight charges

 

Controversies Court

Indirect Tax Controversies Capsule

 

Fraud/Tax evasion

Govt to investigate fraudulent misuse of PAN for GST registration

GST: Kerala introduces ‘Lucky Bill App’ to Curb Tax Evasion

Kerala Government to launch the ‘Lucky Bill App’ to curb GST Evasion

GST officials detect tax credit abuse with data analytics

Kerala government releases ‘Lucky Bill App’ to check evasion of GST

 

Excise

Delayed Refund of Excise Duty paid during Investigation eligible for Interest: CESTAT

Interest is leviable despite the availability of credit in cash/credit ledgers if no payment was made in GST

 

Taxable Transaction

Why cancellation charges are taxable? India CBIC vs EU ECJ

No GST applicable on UPI Services: Finance Ministry

Know Your Rights and Duties in Summons under GST

Contract involves Services, as well as Supply/Deemed Supply of Goods, can only Classify under head ‘Works Contract Services’: CESTAT

Supply of Printed Answer Booklets for Education Institutions would constitute Supply of Services: AAR

Advance ruling cannot be given on applicability of GST on Donation

Taxability of Barter and Exchange under GST

GST on Renting Of Immovable Property – Recent Amendments

Personal Consumption, Recent Supreme Court Decision and GST Implications

Contract of Supply of Goods can’t be classifiable under ‘Commercial or Industrial Construction’, demand of Service Tax not sustainable

Mobil Oil obtained from Cleaning process, not a Manufactured Product, No Sales Tax: CESTAT

GST on House Rent: Clarifications and Concerns

Guidelines on Issuance of Summons under Section 70 of CGST Act 2017

 

GST Law

CBIC issues instructions on powers to issue summons, arrest and access to bail under the GST law

 

Exemption

Online education firms not exempt from GST, clarifies Kerala AAR

IGST on ocean freight likely to be scrapped

Medicine purchases by inpatients exempt from GST, says Tamil Nadu AAR

GST to be levied on cancellation of confirmed train ticket: Finance ministry

No GST on residential premises if rented out for personal use: Govt

GST rates could change to correct inverted duty, exemptions

 

Taxable Authorities/Penalties

₹ 1,43,612 crore gross GST revenue collected in the month of August 2022

CBIC issues Guidelines for Launching of Prosecution of GST Offences

GST wing of CBIC conducts tax inspections against insurance companies

GST: All Documents produced except reason for delay in Transportation of Goods, Penalty not justifiable for mere expiry of E-Way Bill, rules Delhi HC

No penalty without giving opportunity of being heard

 

Registration

GST Registration Canceled due to Non-Compliance during Pandemic: Keeping Businesses Out of GST would affect Interests of Revenue

GST Rules Amendment omitting Opportunity to Assessee before Suspension of Registration

 

Input Tax Credit

No ITC on invoices raised for the past period as hit by Period of Limitation

C&F agent Service is admissible input service

Changes in table 4 of GSTR-3B related to the claim of ITC are now live on the GST Portal

GST wing of CBIC conducts tax inspections against insurance companies

ITC denied if buyer having knowledge of investigation going on against his supplier

 

GST on Textiles

GST Council unlikely to correct inverted duty structure on textiles next month

 

GST circulars

Analysis of GST circulars 177, 178 & 179 issued on 3rd August 2022

 

Reporting/Compliance

5 new Functionality for Tax Payers in GST Portal wef 16.08.2022

Changes in Form GSTR-3B

TN GST Dept. issued Press Release on scrutiny of monthly GST returns filed by taxpayers under TNGST Act, 2017

GST Transitional Credit filing from October till December: Centre approaches Supreme Court

Mysteries of the GST Clause 44 in Form 3CD

Timeline on uploading GST TRAN 1 in seeking Credit and Revision of Credit must not be identical: Madras HC

GSTN enables Changes in table 4 of GSTR-3B related to the claim of ITC on Portal

New Changes in GSTR3B – challenges for August returns

Supreme Court gives Finance Ministry 30 more days for opening of GST portal

Changes in Table 4 of GSTR 3B; Reporting of ITC availment, reversal and Ineligible ITC

Supreme Court gives Finance Ministry 30 more days for opening of GST portal

GST Portal to Open from 1st October for filing of Transitional Credit: GSTN

Uttar Pradesh cabinet approves amendment to UP GST Act to give relief to small taxpayers

CBIC releases clarifications on GST rates applicable to certain goods and exemptions on various services

GST updates and compliance calendar for September 2022

Inter head transfer for Tax paid under GST – Form GST PMT-09

Re-Opening of GST Portal for filing of Transitional Credit is a One-Time Opportunity, No Further Revisal: CBIC Issues Guidelines

GSTN portals working ‘pretty well’: Infosys CEO

GST Due Date Reminder: GSTN advises Taxpayers to file IFF under QRMP Scheme and GSTR-6

GST: One-Line Order dismissing Appeal on ground of Delay in filing is Invalid, rules Calcutta HC

 

Rate

State has no Obligation to indicate HSN Code and GST Rates in Public Tender: Supreme Court

Preserved Fruit classifiable under Tariff Heading 2008, 12% GST leviable on Ber Berry: AAR

Scindia asks states to lower VAT on aviation fuel

GoM seeks legal panel view for GST on online games of skill

Gaming industry lauds GoM move to tax online gaming separately

Amusement Park rides cannot be classified as Motor Vehicle, will attract GST @ 18%

Parts and Accessories of Hearing Aids attracts 18% GST: AAR

Flavoured milk’s a drink, will be taxed, says AAAR ruling

More GST rate changes likely to address inverted duty, exemptions

Sale of Robinson Barley and Purity Barley Taxable @12% under Orissa Sales Tax Act: Orissa HC

GST rates on certain goods and services: 4 Myths cleared

 

Customs

Concessional rate of 10% customs duty to apply on mobile display assembly

CBIC: Simplification of the procedure for compounding offenses under the Customs Act

Place of Receipt Outside India qualifies as Export Services, Denying Service Credit not sustainable: CESTAT

Axe Oil is classifiable under Chapter 30 of Excise Act, attracts 12% Duty: CESTAT

No question of Absolute Confiscation or Re-Export when Goods have been cleared for Domestic Consumption: CESTAT

Government Amends IGCR Rules to Include Imports for Specific End Use

EU to end duty benefits for 1,800 goods under Generalised Tariff Preference Scheme

India cuts diesel export duties as trade deficit widens

 

Place of Supply

GST applicable to Entities providing Online Education

 

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