Goods & Service Tax

Recent Updates

1. Determining ITC attributable to taxable & exempt supplies in respect of construction services is defined now.
[Ref:-Order No. 04/2019-Central Tax, Dated 29th March 2019]

2. Rates notified for Real Estate Sector/developers/builders.
[Ref:-Notification No. 03/2019-Central Tax (Rate), Dated 29th March 2019]

3. ITC balance shall lapse for eligible persons who intend to pay GST @ 6% under new presumptive scheme.
[Ref:-Notification No. 9/2019-Central Tax (Rate), Dated 29th March 2019]

4. 18% GST shall be paid on inputs (other than cement & capital goods) supplied by an unregistered person to a promoter.
[Ref:-Notification No. 8/2019-Central Tax (Rate), Dated 29th March 2019]

5. Certain Goods/Services, if supplied by an unregistered supplier, the promoter shall pay GST u/Sec 9(4) of CGST Act.
[Ref:-Notification No. 07/2019- Central Tax (Rate), Dated 29th March 2019]

6. Classes notified for persons who shall pay GST on the date of issue of completion certificate.
[Ref:-Notification No. 06/2019- Central Tax (Rate), Dated 29th March 2019]

7. Services notified on which GST to be paid by the promoter under Sec 9(3) of CGST Act, 2017.
[Ref:-Notification No. 05/2019- Central Tax (Rate) , Dated 29th March 2019]

8. Exemption list issued for services relating to real estate sector/developer/builders
[Ref:-Notification No. 05/2019- Central Tax (Rate), Dated 29th March 2019]

9. Transfer of unutilized ITC to transferee in case of death of sole proprietor.
[Ref:-Circular No. 96/15/2019-GST, Dated 28th March 2019]

10. Due date for filing ITC-04 in respect of goods sent to Job worker has been extended by CBIC
[Ref:-Notification No. 15/2019 – Central Tax, Dated 28th March 2019]

11. Taking new registration has become difficult for defaulters in GST
[Ref:-Circular No. 95/14/2019-GST, Dated 28th March 2019]

12. CBIC assigns cases of 22 taxpayers under investigation to Commissioner of Central Tax, Mumbai Central
[Ref:-Order No. 2/2019-GST Dated 12th March 2019]

13. Bill of Supply must be issued by a registered person availing the benefit of new scheme and paying GST @ 6%
[Ref:-Order No. 3/2019-Central Tax, Dated 08th March 2019]

14. CBIC releases proposed GST Forms
[Ref:-https://gst.taxmann.com//fileopennew.aspx?id=222330000000018140&mode=home& page=ts]

Recent Judicial Pronouncements

1. TCS collected under Income-tax from Car buyer couldn’t be included in value of car under GST
[Ref:-Vision Motors (P.) Ltd. v. Union of India [2019] 103 taxmann.com 366 (Kerala)]

2. Penalty and interest order is an appealable order under GST; HC dismissed writ
[Ref:-Systematic Conscom Ltd. v. State of U.P. [2019] 103 taxmann.com 365 (Allahabad)]

3. Anti-profiteering provisions shall not apply if base price of product reduces after reduction in GST rate
[Ref:-Kerala Level State Screening Committee on Anti-Profiteering v. Peps Industries (P.) Ltd. [2019] 103 taxmann.com 453 (NAA)]

4. Inputs consumed & not returned by job worker during the process of galvanizing not be treated as supplies
[Ref:-Ratan Projects & Engineering Co. (P.) Ltd., In re [2019] 103 taxmann.com 450 (AAR-WEST BENGAL)]

5. Order issued by an authority on seizure of goods, imposition of tax & penalty is appealable under GST: HC
[Ref:-Arya Sudharma Tradex (P.) Ltd. vs. State of Punjab [2019] 103 taxmann.com 355 (Punjab & Haryana)]

6. Grants/donations received by trust for preservation of environment exempt from GST
[Ref:-Ecosan Services Foundation, In re [2019] 103 taxmann.com 385 (AAR – MAHARASHTRA)]

7. Advertisement tax can’t be levied by Nagar Nigam without legislative competence
[Ref:-DM Advertisers Agency v. State of U.P. [2019] 103 taxmann.com 236 (Allahabad)]

8. Procurement and delivery of goods at a place located outside taxable territory are outside the purview of GST
[Ref:-Jotun India (P.) Ltd., In re [2019] 103 taxmann.com 260 (AAR – MAHARASHTRA)]