The rate of tax under forward charge is at 12% with ITC available or 5% without the benefit of ITC. Under the reverse charge, the rate is 5%.
In a dispute concerning e-waybill, recently Hon'ble Gujarat High Court ruled in favor of taxpayer in the case of Dhabriya Polywood Limited Vs Union of India. In this case, everything was correct like invoice, e-waybill etc. except a small mistake of selecting wrong ODC type of vehicle in the e-waybill.
When the transactions were done on December 21 then at that point of time old rule 36(4) was in force. Therefore, in our view, it would be in order if the ITC of December is availed by referring to GSTR 2A.
Section 16 of the OGST Act with Rule 21 of the OGST Rules provides that there is no provision that enables the cancellation of the registration of the purchaser for fraud committed by the seller.
The department contended that the amount recovered by the appellant for non-fulfilment of obligation in terms of the agreement from their suppliers and buyers is nothing but consideration for tolerating an act of their customers.
A Welcome Circular that amends the conditions of use of amount available in the electronic credit ledger as per Rule 86A of the Central Goods and Services Tax (CGST) Rules, 2017.
GoI has come up with a special drive to sanction the refund claims of GST and customs duty drawback claims of the taxpayers to ease out the cash flow problems, amid COVID-19.
How to reconcile GTR2B with Purchase Register
Consequent to amendment to section 34 of CGST Act,2017 through CGST (Amendment) Act, 2018 which was made effective from February 1, 2019 , one credit note can be issued against one or more relevant tax invoices.
AAR Maharashtra vide its order GST-ARA-23/2019-20/B-46 dated AUGUST 25, 2020 in the case of Tata Motors Limited rules that no GST is payable by the applicant on the nominal amounts recovered from its employees for availing transportation service for commuting to office in view of the fact that this transaction is not a supply as being covered under Schedule III of the CGST Act.
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