cgst

General Overview As we are aware that any transactions/activities which fall within the scope of "Supply" as per Sec 7 of the CGST Act, 2017 will be chargeable to GST. Further, while analyzing the nature of transactions/activities for the purpose of chargeability of GST, there are instances- (i) Where there is no Consideration involved, but still it would be considered as "Supply" as per Schedule I of CGST Act, 2017. (ii) There are certain transactions/activities whi..

General Overview As we are aware that any transactions/activities which fall within the scope of "Supply" as per Sec 7 of the CGST Act, 2017 will be chargeable to GST. Further, while analyzing the nature of transactions/activities for the purpose of chargeability of GST, there are instances- (i) Where there is no Consideration involved, but still it would be considered as "Supply" as per Schedule I of CGST Act, 2017. (ii) There are certain transactions/activities which..

Rule 86A of CGST Rules, 2017: How to protect your input tax credit from being blocked Introduction Rule 86A of the CGST Rules, 2017, plays a crucial role in protecting the input tax credit (ITC) of taxpayers. It empowers the Commissioner or an authorized officer to block the ITC if it has been fraudulently availed or is ineligible. In this article, we will delve into the circumstances under which ITC can be blocked, the safeguards and legal judgments favoring taxpayers, and the importance ..

What does Section 15 Say? Section 15 of the CGST ACT 2017 talks about the Value of Supply of Goods or Services or Both shall be the Transaction Value, Which is the Price actually paid or payable for the supply of goods or services or both where the supplier and recipient of the supply are not related and the price is the sole consideration for the supply. Section 15 is a very important section as the Value of Supply needs to be determined without which the Tax Liability cannot be ascertained...

What does Section 62 say? Section 62 of CGST ACT 2017 talks about the assessment of those registered taxpayers who have not filed their GST returns within the prescribed due dates. The Proper Officer shall assess the Tax Liability along with necessary interest and penalties which shall be deposited by the Registered Taxpayer upon service of notice from the Proper Officer. The reference from the Law has been described below: (1) Notwithstanding anything to the contrary contained in secti..

What does Section 27 say? Section 27 of the CGST ACT 2017 talks about special provision relating to grant of GST Registration to Casual Taxable Person and Non-Resident Taxable Person, also covering the provisions which the casual taxable person and non-resident taxable person has to follow. Let us understand through GST Law reference as described below The certificate of registration issued to a casual taxable person or a non-resident taxable person shall be valid for the period spec..

What does Section 19 say? Section 19 of the CGST ACT 2017 talks about the availability of input tax credit by the principal in respect of goods sent to the job worker. Job work is a business mechanism where the job worker works under the direction of principal and inputs are sent by the principal. Now let us understand the GST Law as described below: (1) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on inputs sent to a..

Section 73 Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful-misstatement or suppression of facts. What does Section 73 say? Section 73 talks about the determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful-misstatement or suppression of facts. Law Reference (1) W..

The Central Board of Indirect Taxes and Customs (CBIC) has notified the Central Goods and Services Tax (Fifth Amendment) Rules, 2022, on the recommendations of the 48th GST Council Meeting. The Central Goods and Services Tax (Fifth Amendment) Rules, 2022 shall be effective on 26 December 2022.   1. PAN to be verified through separate one-time passwords The Permanent Account Number shall be validated online by the common portal from the database maintained by ..

The CBI has arrested a Superintendent of CGST, Anti-Evasion Unit, Vashi, Navi Mumbai (Maharashtra) in a bribery case for demanding a bribe of Rs 20 Lakh for closing an investigation and not arresting the accused in a GST evasion case.   It was further alleged that the accused agreed to take Rs 10 lakh. Searches were conducted at the premises of the accused which led to the recovery of incriminating documents and various movable as well as immovable assets. The arrested accused..

MINISTRY OF FINANCE  (Department of Revenue)  (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)  NOTIFICATION New Delhi, the 28th September, 2022  No. 19/2022-Central Tax  GS.R. 734(E).—In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act. 2017 (12 of 2017), the Central Govemment, on the recommendations of the Council, hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namel..

The Bhiwandi Commissionerate of Central Goods and Service Tax (CGST) on Saturday busted a case of non payment of GST and fraudulent availment of ITC that amounted to Rs 78 crore. "CGST Bhiwandi Commissionerate in Mumbai Zone busts case of non-payment of GST and fraudulent availment of ITC, amounting to Rs 78 cr," said Sumit Kumar, Commissoner, CGST. The action was taken upon a specific intelligence that booked the aforesaid case against M/S A S Agri and Aqua LLP having GSTIN 27AB..

Officers of CGST Bhiwandi Commissionerate in Mumbai Zone have busted a fake invoice racket involving issuance of invoices amounting to Rs 132 crore and availing/passing on Input Tax credit of Rs 23 crore. Officers of CGST Bhiwandi Commissionerate arrested one person on 9.09.22 who has been sent to judicial custody till 23.09.22.  Anti-evasion wing of CGST Bhiwandi Commsissionerate was investigating various fake firms namely M/s Mectech Steel Trading Private Limited M/s UGSK Trader, M/s W..

CGST Mumbai South Commissionerate busts Rs. 142 Crore fake GST invoice racket One person arrested in the case Officers of CGST Mumbai South Commissionerate have busted a fake GST invoice racket, which was used to pass on fake GST Input Tax Credit (ITC) of Rs. 27.80 crore on invoices of Rs 142 Crore, and have arrested the Director of M/s Techno Satcomm India Pvt. Ltd. for issuing GST invoices without actual supply of goods. Acting on a specific input received from Central Intelligence Un..

After examining judgment of Hon'ble Supreme Court of India in Siddharth vs The State of U.P. Criminal Appeal No. 838 of 2021, arising out of SLP (Crl.) No. 544'2/2021, Board issued guidelines with respect to arrest under CGST Act, 2017. & Other legacy laws vide Instruction No. 02/2022-23. Conditions for arrest Section 132 (1) of CGST Act, 20 l7 deals with the punishment for offences specified Section 69 (1) gives power to the Commissioner to arrest a person where he has reas..

Guidelines on issuance of summons under Sec 70 of the CGST Act 2017 1. It has been brought to the notice of the 'Board' that in certain instances, summons under Section 70 of the Central Goods and Services Tax Act, 2017 (the 'CGST Act') have been issued by the field formations to the top senior officials of the companies in a routine manner to call for material evidence/ documents. Besides, summons have also been issued to call for statutory records, viz. GSTR-3B, GSTR-1, etc...

CGST Delhi West officials arrest one for fraudulently availing ITC of more than Rs 8 crore On the basis of an alert, an investigation against M/s Niyati Steels has been undertaken by CGST Delhi West Commissionerate. One Shri Karan Kumar Aggarwal in his voluntary statements has admitted that he looks after all day-to-day transactions and operations of the said firm. The said firm has availed ITC of Rs 7.7 crore from non-existent entities.   Through further inquiry and the use of ana..

In the administration of taxation, the provisions for arrests are created to tackle certain situations raised by some unscrupulous tax evaders. Arrest provisions may appear to be very harsh but these are necessary for efficient tax administration and also act as a deterrent and instil a sense of discipline. The provisions for arrests under GST Law have sufficient inbuilt safeguards to ensure that these are used only under authorisation from the Commissioner. Besides this, the GST Law also stipul..

On the basis of a specific complaint and careful data analysis, officers of the CGST Gurugram Commissionerate detected a case of fraudulent availment of ITC and consequent refunds of about Rs. 20 Crore in the name of 8 firms found to be non-existent. Investigation conducted thus far revealed the involvement of three persons. One private person was arrested on 06.05.2022 and was remanded to judicial custody upto 21.05.2022. Further, two Chartered Accountants were arrested on 18.05.2022 and h..

Two Chartered Accountants have been detained by DGGI, CGST Department Gurgaon from last 48 hours for giving a certificate in a GST refund matter. CAs took to Twitter with #JusticeforCA and have called for a protest at CGST department Gurgaon opposite Medanta hospital today    This is oppression of noble professionals like CA’s. Must be condemned by everyone. Detaining CA’s for fault of asssessee is injustice pic.twitter.com/VhXkPsj3Yn — Dinesh Wadera (@dinesh..