*Proper officer was wrong in cancelling the GSTIN from the date of registration: Delhi High Court*
*In favour of Taxpayer* *Issue* Whether proper officer can suo-motto cancel the registration of taxpayer from the date of registration in case where the application for cancellation had been voluntarily filed by the taxpayer. Further whether in case the proper officer tends to correct the mistake and cancel the registration from date of application for […]
*_No Interest or Penalty on wrong availment of ITC: Madras High Court_*
*In the Favour of Taxpayer* *Issue* Whether proper officer was correct in imposing 100% penalty and interest u/s 50(3) of the CGST Act 2017 where the taxpayer has availed excess transition credit with an intention to utilise the same in future. Where such excess credit availed by the taxpayer remains unutilised, whether department can proceed […]
*_One to One Nexus of Input with Output not necessary to avail Input Tax Credit: AAAR Gujarat_*
*In the Favour of Taxpayer* *Issue* Whether there is requirement of proving nexus between Inputs and Output in order to avail Input Tax Credit. Can ITC of goods falling under different HSN Code be availed against the output liability of supply made in different HSN/SAC? *Held* The Appellate Authority for Advance Ruling, Gujarat in M/s […]
*_Recovery of Notice Pay is not a Supply under GST: AAR, Maharashtra_*
*In the Favour of Taxpayer* *Issue* Whether the notice pay recovered by the employer from the employee in lieu of not serving the notice period is a supply under Section 7 of CGST Act 2017? Whether the recovery of notice period shall be treated as consideration towards tolerating and forbearing an act of the employee? […]
*_Cash discounts/Incentives given on commercial credit note does not require reversal of ITC: AAR MP_*
*In the Favour of Taxpayer* *Issue* Whether cash discount/incentives given by the supplier to the recipient amounts to discounts under Section 15(3) of CGST Act 2017. If so whether supplier is required to reduce its outward tax liability and correspondingly does the recipient also needs to reverse ITC claimed on original invoices. *Held* AAR, […]
Precautions you should take against Fake Invoice
Many of your clients would have received DRC-01A with the context that either the supplier is absconding, or his registration has been cancelled retrospectively, hence your client is required to deposit GST on the said invoices. Despite the transactions being reflected in GSTR 2A, having proper tax invoices and making the payment to vendor, GST […]
