TOP NEWS
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GST - second refund drive extended till June 16
GST (RATES) NOTIFICATION
CGST
12/2018
Notifications issued exempting payment of GST under reverse charge till 30 September 2018
UTGST
12/2018
Notifications issued exempting payment of GST under reverse charge till 30 September 2018
IGST
13/2018
Notifications issued exempting payment of GST under reverse charge till 30 September 2018
CGST CIRCULARS
49/2018
Modifications to the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular No. 41/15/2018-GST dated 13.04.2018
48/2018
GST - Services of short-term accommodation & conferencing provided to SEZ Developer or units are Inter-State supplies + Fabric processors are eligible for refund of unutilised ITC on account of inverted duty structure
HIGH COURT CASES
2018-TIOL-55-HC-MAD-GST
Prime Gold International Ltd Vs Asstt.CGST & CE
GST - the petitioner company was served notice raising duty demand - It claimed to have filed a representation to the commissionerate concerned, seeking permission to pay the tax arrears with interest & penalty in 24 Equated Monthly Instalments (EMIs) - The petitioner claimed to be experiencing severe financial crisis & so sought reasonable time to clear the arrears - It further claimed that one of its units had been shut down.
Held - Considering that one unit operated by the petitioner company has been shut down & that the petitioer paid part of the duty demand raised, the petitioner is directed to submit a fresh copy of the representation filed earlier, before the commissionerate concerned - The petitioner's claim to have paid part of the duty be verified - Till then, no coercive action be taken to recover tax arrears - The petitioner on its part is directed to continue to make regular payments: HC (Para 2,3,7) - Writ Petition Allowed: MADRAS HIGH COURT
2018-TIOL-54-HC-KERALA-GST
E V Radha Krishna Kurup Vs UoI
GST - the petitioner is a dealer & claims to be unable to upload Form GST TRAN - 1 and take credit of input tax available to him at the time of migration to GST - The petitioner attributed the same to a system error - Hence the petitioner sought appropriate directions in this regard.
Held - Petitioner directed to approach the Nodal Officer concerned for redessal of grievances - Nodal Officer to take a decision within a week's time - Should the petitioner be found unable to upload Form GST TRAN 1 for reasons not attributable to him, then the petitioner be enabled to avail input tax credit: HC - Writ Petition Disposed Of: KERALA HIGH COURT
AAR CASES
2018-TIOL-80-AAR-GST
Inox India Pvt Ltd
AAR - the applicant company manufactured and supplies 'Cryo container', also known as Liquid Nitrogen Containers - These are used for transportation of liquefied nitrogen & storage of semen used in artificial insemination of animals & other purposes - The applicant seeks to know whether Cryo Container is classifiable under HSN 7613 00 19 covering ‘Aluminum container for compressed or liquefied gas' or under HSN 9617 00 12 which covers ‘Vacuum Flask and other vacuum Vessels, Complete with cases parts thereof other than glass inner'.
Held - the product in question is classifiable under HSN 9617 00 12 covering ‘Vacuum Flask and other vacuum Vessels, Complete with cases parts thereof other than glass inner': AAR - Application Disposed Off: AAR
2018-TIOL-81-AAR-GST
ALKA INDUSTRIES
AAR - the applicant company manufactures CI Casting - For this it purchases pig iron, scrap, molasses, coal, foundry minerals & sand - The cast articles are used in various industries - The applicant also manufactures bracket & clamp of cast iron - These are used for hanging wash basin, commodes and urinals - In view of such usage, the applicant sought to know whether the products are classifiable under Chapter Heading 7325 or 7308 or 7326 of the HSN or any other heading.
Held - The articles (brackets and clamps) manufactured by the applicant fall under Chapter Heading 7325, which covers “Other cast articles of iron or steel”: AAR - Application disposed off: AAR
2018-TIOL-79-AAR-GST
National Diary Development Board
GST - the applicant is a statutory body whose functions include promoting dairy and other agriculture based industries - In this regard, it provides technical, financial & managerial assistance - The applicant is also empowered to transfer the whole or part of its functions to any organization - It is also empowered to take up activities entrusted to it by the Central or State governments wherever its expertise is required - Besides, subject to approval of the Central Govt, the applicant can also participate in any organization, financially, managerially, or in any other manner - Hence the applicant sought to know whether in light of such tripartite agreements, any arrangement between itself and Unions would be considered as supply between ‘related persons' in accordance with Schedule 1 of the Central Goods & Service Tax Act, 2017 - If yes, it further sought to know if it would be required to determine value of activities undertaken by it, as per Section 15(5) of CGST Act, 2017 r/w Rule 28 of the CGST Rules, 2017.
Held - The transactions undertaken by the applicant & Unions in accordance with the agreements made by the applicant with State Governments are not to be considered as supply between ‘related persons' as per Schedule I of CGST Act, 2017 CGST Act r/w Section 15 of CGST Act and corresponding provisions under the Gujarat Goods and Services Tax Act, 2017: AAR - Application Disposed Off: AAR
JEST GST By Vijay Kumar
Story of a Seizure
GST Metered
Right to information - GST extra?
ARTICLES
1st Anniversary of GST - A taxpayer's 'Mann Ki Baat' !
Drive Against Shell Companies - A cul-de-sac!
Indian Bureaucracy - Lateral Entry - Avoidable storm over mere jharokha of Reform!
Conundrum of taxing Imports
Liquor licences: Undoubtedly Taxable before as well as after GST Roll out
GST - Five key aspects GST payers should not miss!
GST Refunds - Determined to Deny!!
Advance Ruling - A Legal weapon against the Supplier?
Anti-profiteering provisions - intent and implementation
The GST Practitioner
Pre-notice Regulations - Boon or Bane?
