News Update

Sovereign Gold Bond - Scheme open till Friday; Rs 50 per gram discount offered if payment made in digital modeAnnexure to 11/2017-CTR cries for amendmentApplicant is not allowed to leave live trees intact in the area and hence is bound to cut and remove the wood - transaction is chargeable to GST @18%: AARSubsidy amount received from Govt. for supply of food in Indira Canteens is excluded from definition of consideration: AARSupply of used WTG/Wind Mill with accessories is a composite supply; attracts GST @5%: AARResidential dwelling arranged for Sodexo Food Solutions with facilities is taxable under SAC 997212: AARProduct the applicant is dealing with is undoubtedly sun-cured country tobacco; they are not tobacco leaves which are raw but are cured tobacco attracting GST @28% : AARApplicant developing a Shopping Mall -Being a civil structure, taxes paid on procurement of goods and/or services in its construction are regarded as blocked credits: AARSupply of construction service to land owner in lieu of TDR to promoters is liable to GST @18%: AARLPG Conversion kits attract GST @28%: AARGSTR-3B and Availability of Input Credit - An addendumElderly population to account for 20% by 2050: Health MinisterGlobal economic crisis calls for greater cooperation: FMCus- Demand of duty made by invoking the provisions of section 28, prior to redemption of the goods is totally premature: CESTATCX - Stainless steel pattas and pattis- no evidence that appellant has operated more than two machines in violation of the declaration - SCN is pr esumptive having no legs to stand: CESTATCus- Commissioner has imposed penalty u/s 114A on firm and penalty u/s 112 on proprietor- It is settled law that proprietor and proprietorship firm are a single identity for all purposes: CESTATCX - Structures for which iron and steel items have been used are not integral part of manufacture process yielding sugar and molasses , credit inadmissible: CESTATCX - Even if officers had jurisdiction, a notice should have been issued to such supplier-manufacturer who is alleged to have wrongly assessed and paid excise duty: CESTATCX - Officers at recipient end have no jurisdiction of assessment done by supplier - recipient cannot be expected to understand or anticipate how much duty was actually to be paid by supplier and take credit accordingly: CESTOrder passed by Tribunal without discussing contentions of parties before finalizing the fact of case, is not sustainable: HCReopening of assessment is valid if AO has sufficient material on record to believe that income has escaped being unassessed: ITAT President presents ‘Most Eminent Senior Citizen Award’ to former AG K ParasaranRs 89 Crore IGST Refund claim scam busted in Delhi
GST Council extends last date for filing appeals against GST Appellate Tribunal


By TIOL News Service

GOA, SEPT 21, 2019: THE GST Council, in its 37th meeting held today at Goa, recommended the following:

1. Relaxation in filing of annual returns for MSMEs for FY 2017-18 and FY 2018-19 as under:

a. waiver of the requirement of filing FORM GSTR-9A for Composition Taxpayers for the said tax periods; and

b. filing of FORM GSTR-9 for those taxpayers who (are required to file the said return but) have aggregate turnover up to Rs. 2 crores made optional for the said tax periods.

2. A Committee of Officers to be constituted to examine the simplification of Forms for Annual Return and reconciliation statement.

3. Extension of last date for filing of appeals against orders of Appellate Authority before the GST Appellate Tribunal as the Appellate Tribunals are yet not functional.

4. In order to nudge taxpayers to timely file their statement of outward supplies, imposition of restrictions on availment of input tax credit by the recipients in cases where details of outward supplies are not furnished by the suppliers in the statement under section 37 of the CGST Act, 2017.

5. New return system now to be introduced from April, 2020 (earlier proposed from October, 2019), in order to give ample opportunity to taxpayers as well as the system to adapt and accordingly specifying the due date for furnishing of return in FORM GSTR-3B and details of outward supplies in FORM GSTR-1 for the period October, 2019 - March, 2020.

6. Issuance of circulars for uniformity in application of law across all jurisdictions:

a. procedure to claim refund in FORM GST RFD-01A subsequent to favourable order in appeal or any other forum;

b. eligibility to file a refund application in FORM GST RFD-01A for a period and category under which a NIL refund application has already been filed; and

c. clarification regarding supply of Information Technology enabled Services (ITeS services) (in supersession of Circular No. 107/26/2019-GST dated 18.07.2019) being made on own account or as intermediary.

7. Rescinding of Circular No.105/24/2019-GST dated 28.06.2019, ab-initio, which was issued in respect of post-sales discount.

8. Suitable amendments in CGST Act, UTGST Act, and the corresponding SGST Acts in view of creation of UTs of Jammu & Kashmir and Ladakh.

9. Integrated refund system with disbursal by single authority to be introduced from 24th September, 2019.

10. In principle decision to link Aadhar with registration of taxpayers under GST and examine the possibility of making Aadhar mandatory for claiming refunds.

11. In order to tackle the menace of fake invoices and fraudulent refunds, in principle decision to prescribe reasonable restrictions on passing of credit by risky taxpayers including risky new taxpayers.