From April 1, 2025 onwards, businesses with Aggregate Annual Turnover (AATO) greater than Rs 10 crore will not be allowed to report e-invoices older than 30 days on the date of reporting under the goods and services tax (GST). The reform will ensure on-time tax payment and will regulate the delays in reporting of tax invoices, streamlining the GST ecosystem as a whole. Earlier this time limit restriction was applicable for taxpayers with AATO greater than or equal to 100 crores. "From 1st April 2025, taxpayers with an AATO of 10 crores and above would not be allowed to report e-Invoices older than 30 days from the date of reporting on IRP portals," said an advisory issued late Tuesday, by the GST e-invoice systems. The e-Invoice System is for GST-registered people for uploading all the business-to-business (B2B) invoices to the Invoice Registration Portal (IRP). The IRP generates and returns a unique Invoice Reference Number (IRN), digitally signed e-invoice and QR code to the user.
Instant mixes, including idli, dosa and khaman flour, cannot be classified as chhatua or sattu and 18% GST should be levied on them, the Gujarat Appellate Authority for Advance Ruling (Gaaar) has ruled. Gujarat-based Kitchen Express Overseas Ltd had approached the AAAR against the ruling by the GST advance authority, saying that its seven 'instant flour mixes' are not 'ready to eat' but are required to undergo certain cooking procedures and can be termed 'ready to cook'. The company sells flour mixes of gota, khaman, dalwada, dahi-wada, dhokla, idli and dosa in powder form and pleaded that it is akin to Sattu and should attract Goods and Services Tax (GST) of 5 per cent. The GAAAR rejected the appellant's contention, saying that ingredients which go into the making of 'instant flour mixes" are not covered under the relevant GST rules as is the case with Sattu. According to a CBIC circular, small amounts of ingredients, which are mixed to make Sattu, are specified in the GST rules to be eligible for a 5% tax rate. "However, the said clarification is not applicable in the present case as the products being supplied by the appellant contain spices and other ingredients, which is not the case with the 'chhatua or sattu'," the Gaaar said.
Please refer to the notification Notification No. 04/2024 – Central Tax dated 05-01-2024 to seek information from taxpayers dealing in the goods mentioned therein. Two forms have been notified vide this notification namely GST SRM-I and GST SRM-II. The former pertains to the registration and disposal of machines while the latter asks for information on inputs and outputs during a month. Form GST SRM-I meant for registration of machines has already been made available on the portal w.e.f. 15-05-2024. Concerned taxpayers are using the same for the registration of machines and other information asked therein. Now, the second form namely, Form GST SRM-II is also available on the portal. Taxpayers dealing in the manufacture of Pan Masala and Tobacco products can now report the details of inputs and outputs procured and consumed for the relevant month.
Infant food products containing ingredients other than milk may be subject to an 18 per cent goods and services tax (GST), contrasting with the 5 per cent applicable to milk products, if a judgment by the Rajasthan Authority for Advance Ruling (AAR) sets a precedent. The AAR issued the ruling in response to an application submitted by Jaipur-based Bebymil seeking clarification on the GST rate for its products — milk food for infants and milk for infants — marketed under the trade name Momylac. The authority noted that the primary product manufactured by the company is infant milk formula, which includes cereals and protein supplements, serving as a substitute for mother’s milk. GST rates for goods are determined based on their Harmonized System of Nomenclature (HSN) codes. In this instance, the authority observed that the products are classified under HSN 1901, encompassing products where milk is one of the ingredients, rather than HSN 0402, which specifically relates to milk products, explained Sandeep Sehgal, partner at tax and consulting firm AKM Global.
GSTN is pleased to inform that NIC is releasing the E-Way Bill 2 Portal (https://ewaybill2.gst.gov.in) on 1st June 2024. This portal ensures high availability and runs in parallel to the e-way Bill main portal (https://ewaybillgst.gov.in). The e-way bill 2 portal synchronises the e-way bill details with main portal within a few seconds. The highlights of the portal are as follows: • Presently, E-Way Bill 2 Portal provides the critical services of E-Way Bill system, and gradually it will be extended with other services of e-way bill system. • E-Way Bills can be generated and updated on the E-Way Bill 2 Portal independently. • E-Way Bill 2 portal provides the web and API modes of operations for e-way bill services. • The taxpayers and logistic operators can use the E-Way Bill 2 portal with the login credentials of the main portal. • The taxpayers and logistic operators can use the E-Way Bill 2 portal during technical glitches in e-way bill main portal or any other exigencies. • The Criss-Cross operations of printing and updating of Part-B of E-Way Bills can be carried out on these portals. That is, updating of Part-B of the E-Way bills of portal 1 can be done at portal 2 and vice versa. • In case E-Way Bill main portal is non-operational because of technical reasons, the Part-B can be updated to the E-Way Bills, generated at Portal 1, at portal 2 and carry both the E-way Bill slips. • For further details, please visit the e-way bill portals.
GST authorities are working out a mechanism to deal with the taxation and registration issues related to shared warehouses maintained by e-commerce companies, where multiple suppliers store their goods for the last mile delivery, an official said. The issue of taxation for warehouses has cropped up after multiple suppliers have geo-tagged the same warehouse as their 'additional place of business' under the Goods and Services Tax (GST) rules. "We are working to see whether a 'shared workplace' or 'coworking space' concept can be implemented for the warehouses maintained by e-commerce companies to store goods of multiple suppliers," the official told PTI.
Real estate developers are contesting the 18% Goods and Services Tax (GST) levy on the transfer of development rights within joint development agreements (JDA) between developers and landowners. They believe the JDA does not involve any sale of land and hence the transfer of the rights is not taxable. Earlier this week, a developer filed an appeal in the Supreme Court (SC) against a ruling of a Telangana High Court, which held that JDAs should be taxed. The apex court has issued a notice to Centre to seek its response and will hear the matter on September 9. As no stay has been given on the Telangana High Court order, landowners and the developers will have to pay the taxes after valuing the service till the matter is finally decided.
Apr 10, 2024 Advisory on Reset and Re-filing of GSTR-3B of some taxpayers This has reference to the facility for re-filing of GSTR-3B for some of the taxpayers. It was noticed that there were discrepancies in the returns of some taxpayers during the filing process between the saved data in the GST system and actually filed data in the fields of ITC availment and payment of tax liabilities. The matter was examined and deliberated by the Grievance Redressal Committee of the GST Council and as a facilitation measure the Committee decided that these returns shall be reset, in order to give opportunity to such taxpayers to correct the discrepancy. Accordingly, only the affected taxpayers have been communicated on their registered email-ids and the affected returns are visible on their respective dashboards for the purpose of refiling with the correct data. The taxpayers who have received such communication, are requested to visit their dashboard and re-file their GSTR-3B within 15 days of receipt of such communication.
Apr 10, 2024 Auto-populate the HSN-wise summary from e-Invoices into Table 12 of GSTR-1 GSTN is pleased to inform that a new feature to auto-populates the HSN-wise summary from e-Invoices into Table 12 of GSTR-1 is now available on the GST portal. This allows for direct auto-drafting of HSN data into Table 12 based on e-Invoice data. Please note that the HSN-wise summary data auto-populated into Table 12 is intended for your convenience. Please ensure that you reconcile the data with your records before its final submission.
The Supreme Court has consolidated multiple pleas challenging the 28% GST on online gaming companies, ordering the transfer of 27 writ petitions to be heard together. During a hearing led by a three-judge bench headed by Chief Justice D.Y. Chandrachud on Friday, the Supreme Court ordered the transfer of 27 writ petitions pending in 11 high courts across the country.
GST on corporate guarantees: Experts await more clarity Indirect tax experts are awaiting clarity on the levy of goods and services tax (GST) on corporate guarantees given by Indian companies on behalf of their subsidiaries following a notification issued by the finance ministry in October. The 26 October notification had clarified how much value to be ascribed to a transaction that provides corporate guarantees when there is no financial consideration involved.
The GST Council is likely to soon clarify that Real Estate Regulatory Authority (RERA) will not be required to pay Goods and Services Tax (GST), an official said.According to the official, RERA, which functions as a regulator as well as facilitator for the realty sector, is covered under Article 243G of the Constitution dealing with powers, authority and responsibilities of panchayats. RERA was set up in different states to ensure transparency in real estate projects, protect the interest of consumers and to establish an adjudicating mechanism for speedy dispute redressal.
The government has permitted GST Network to share data about GST-registered businesses, based on their consent, with the Reserve Bank's 'Public Tech Platform for Frictionless Credit'. The move will help entities get loans faster on the basis of shared Goods and Services Tax (GST)-related information. The platform, created by the Reserve Bank of India (RBI) subsidiary Reserve Bank Innovation Hub, is intended to enable seamless flow of necessary information to lenders to help in disbursing credit. In a notification, the Central Board of Indirect Taxes and Customs (CBIC) has said "the Central Government, on the recommendation of the Council, notifies 'Public Tech Platform for Frictionless Credit' as the system with which information may be shared by the common portal based on consent...". The platform has been developed for the operation of a large ecosystem of credit, to ensure access of information from various data sources digitally.
The Supreme Court recently issued a notice to the Centre on the “anti-profiteering provisions†in the Central Goods and Services (CGST) Act, as well as the rules issued, on an appeal against a Delhi High Court ruling. Priyansh Verma explains what the mechanism is meant for, and the controversy around it l What are the anti-profiteering norms?THE GOODS AND Services Tax (GST), due to its comprehensive nature, and embedded facility of seamless credits to businesses for input taxes, was supposed to have a sobering effect on prices. The government is keen the benefits of any reduction in tax rate and input tax credit for businesses reach the final consumers by way of a commensurate reduction in the prices of then relevant goods and services.
In a recent ruling, the Telangana State Authority for Advance Ruling (AAR) has held that the All India Institute of Medical Sciences (AIIMS) located in Bibinagar, Telangana, is not eligible to claim Goods and Services Tax (GST) exemption on pure services received by it from vendors. AIIMS-Telangana, a prestigious addition to the All India Institute of Medical Sciences network, was established to meet the rising demand for high-quality healthcare, medical education, and research in the region. It sought an advance ruling on whether it could claim GST exemption on pure services received from vendors, including manpower, housekeeping, and consultancy services, which were subject to an 18% GST rate. The institution had been reversing the entire Input Tax Credit (ITC) availed, as it provided exempt services (In other words its output services were exempt from GST).
The Supreme Court on Monday issued a notice to the union government in a case relating to the constitutional validity of anti-profiteering provisions under the goods and services tax (GST).
A three-judge bench comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra was hearing a special leave petition against the order of the Delhi High Court upholding the constitutional validity of the provisions.The petitioner, detergent manufacturer Excel Rasayan Private Ltd, submitted that the High Court erred in failing to appreciate that the impugned provisions are ultra vires the constitution.
Taxpayers can verify the genuineness of any communication (including summons) from the department by using the 'VERIFY CBIC-DIN' window on the CBIC’s website or the DIN Utility Search on the online portal of Directorate of Data Management (DDM), CBIC.
The CBIC on Saturday cautioned against fraudsters issuing fake GST summons and asked taxpayers to check the veracity of any communication received from GST authorities. In a statement, the Central Board of Indirect Taxes and Customs (CBIC) said the Directorate General of GST Intelligence (DGGI) has recently noticed that some individuals with fraudulent intent are creating and sending fake summons to taxpayers who may or may not be under investigation by the DGGI.
Online gaming companies may get a breather as the Union government is likely to soften its stance on the retro goods and services tax (GST) demand notices, sources told CNBC-TV18 on February 7.
Sources say the government realises the existential issue that gaming companies face if they have to pay GST demands raised for the period between July 2017 to March 2023.
The government now sees merit in the argument that a company cannot pay unrealistic tax demands. It is likely to have sought legal opinion on the way out of tussle with online gaming firms, sources added.
Goods and services tax (GST) authorities have issued notices to several companies for discrepancy in claim of input tax credit, or ITC, people aware of the matter said. This follows close scrutiny of input tax availed by the companies and mismatch with their annual return.
The notices have been sent under Section 150 of the CGST Act, 2017. The department has asked the taxpayers to file an information return, giving details of the reason for the "short reporting" of input tax credit. ET has seen...
As per Notification No. 26/2022 – Central Tax dated 26th December 2022 two new tables Table 14 and Table 15 were added in GSTR-1 to capture the details of the supplies made through e-commerce operators (ECO) on which e-commerce operators are liable to collect tax under section 52 of the Act or liable to pay tax u/s 9(5). These tables have now been made live on the GST common portal. These two new tables will be available in GSTR-1/IFF from January-2024 tax periods onwards. Please click here for the complete advisory. Thanking you, Team carahul.com
To facilitate the taxpayer registered under GST with more methods of payment, two new facilities of payment have now been provided under e-payment in addition to net-banking. The two new methods are Cards and Unified Payments Interface (UPI). Cards facility includes Credit Card (CC) and Debit Card (DC) namely Mastercard, Visa, RuPay, Diners(CC only) issued by any Indian bank. Please click here for the complete advisory. Thanking you, Team carahul.com
Mandatory Bank Account Details Submission as per law: All Registered Taxpayers are required under the provisions of CGST Act, 2017 and the corresponding Rules framed thereunder to furnish details of their bank account/s within 30 days of the grant of registration or before the due date of filing GSTR-1/IFF, whichever is earlier. Taxpayers are therefore advised to promptly furnish their bank account details, who have not provided it so far if 30 Days period is shortly going to expire to avoid disruption in business activities and the subsequent suspension of GSTIN. A new functionality is being developed with the following features and will be deployed in near future:- 1.Failure to furnish the bank account in the stipulated time: It would result into following: a) Taxpayer Registration would get suspended after 30 days and intimation in FORM REG-31 will be issued to the Taxpayer. b) Get the Taxpayer debarred from filing any further GSTR-1/IFF. 2.Revocation of Suspension: If the taxpayer updates their bank account details in response to the intimation in FORM REG-31, the suspension will be automatically revoked. 3.Cancellation of Registration: If the bank account details are not updated even after 30 days of issuance of FORM REG-31, the registration after suspension may also be taken up for cancellation process by the Officer. Taxpayers are requested to take immediate action to provide the necessary information and avoid any adverse consequences. Thanking you, Team carahul.com
In a move aimed at improving
compliance under the goods and services tax (GST), manufacturers of pan masala
and tobacco products would have to follow a new procedure for registration and
filing monthly returns from April 1.
Based on a decision of the GST Council, the Central Board of Indirect Taxes and
Customs (CBIC) has notified a special procedure to be followed by a registered
person engaged in manufacturing of these goods for the registration and
disposal of packing machines. The move is aimed at assessing the production and
packaging facility of such units to ensure correct GST is paid as the sector is
seen to be prone to evasion.
Goods and Services Tax (GST)
authorities have dropped a plan to block generation of goods transportation
permits, or e-way bills, from 1 March for companies that fail to produce
'e-invoices' for their wholesale transactions through designated portals. These
portals aid in more accurate data capturing across various tax forms using a
standardized invoice.
As per Notification No. 26/2022
– Central Tax dated 26th December 2022 two new tables Table 14 and Table 15
were added in GSTR-1 to capture the details of the supplies made through
e-commerce operators (ECO) on which e-commerce operators are liable to collect
tax under section 52 of the Act or liable to pay tax u/s 9(5). These tables
have now been made live on the GST common portal. These two new tables will be
available in GSTR-1/IFF from January-2024 tax periods onwards. Please click
here for the complete advisory.
Deducting money from employees'
salaries to pay a canteen services provider (CSP) would not attract the Goods
and Services Tax (GST), the Gujarat Authority for Advance Rulings (AAR) has
ruled.
In a case related to luxury kitchen and bath fixtures brand Kohler India
Corporation, the AAR ruled that input tax credit (ITC) would be given to the
company for GST paid on payment to a CSP for non-contractual employees.
The Rajasthan bench of the
Authority for Advance Rulings has held that GST (Goods and Services Tax) is
applicable on the rent if a residential property is used for commercial purpose
by a lessee (who is registered for GST purposes).
In the case of Deepak Jain (the applicant) who had leased out his property to a
private limited company, which was engaged in back-office operations, the AAR
observed that, up to July 17, 2022, renting of residential dwellings for use as
a residence was exempt from GST, while renting for commercial use was taxable
at 18%.
To
facilitate the taxpayer registered under GST with more methods of payment, two
new facilities of payment have now been provided under e-payment in addition to
net-banking. The two new methods are Cards and Unified Payments Interface
(UPI). Cards facility includes Credit Card (CC) and Debit Card (DC) namely
Mastercard, Visa, RuPay, Diners(CC only) issued by any Indian bank. Please
click here for the complete advisory.
All Registered Taxpayers are
required under the provisions of CGST Act, 2017 and the corresponding Rules
framed thereunder to furnish details of their bank account/s within 30 days of
the grant of registration or before the due date of filing GSTR-1/IFF,
whichever is earlier.
Taxpayers are therefore advised to promptly furnish their bank account details,
who have not provided it so far if 30 Days period is shortly going to expire to
avoid disruption in business activities and the subsequent suspension of GSTIN.
A new functionality is being developed with the following features and will be
deployed in near future:-
1.Failure to furnish the bank account in the stipulated time: It would result
into following:
a) Taxpayer Registration would get suspended after 30 days and intimation in
FORM REG-31 will be issued to the Taxpayer.
b) Get the Taxpayer debarred from filing any further GSTR-1/IFF.
2.Revocation of Suspension: If the taxpayer updates their bank account details
in response to the intimation in FORM REG-31, the suspension will be
automatically revoked.
Jan 19, 2024
The Rajasthan bench of the Authority for Advance Rulings has held that GST (Goods and Services Tax) is applicable on the rent if a residential property is used for commercial purpose by a lessee (who is registered for GST purposes).
In the case of Deepak Jain (the applicant) who had leased out his property to a private limited company, which was engaged in back-office operations, the AAR observed that, up to July 17, 2022, renting of residential dwellings for use as a residence was exempt from GST, while renting for commercial use was taxable at 18%.