filmov
tv
GST Updates for Business & Working MUST Watch Episode 1 | #gstguru #gstwithcarahulgupta MUST WATCH
ะะพะบะฐะทะฐัั ะพะฟะธัะฐะฝะธะต
Dear All,
Join our GST Updates Community on Whatsapp:
#gstwithcarahulgupta
#carahulgupta
#gstguru
๐๐๐๐ซ ๐๐ข๐๐ฐ๐๐ซ๐ฌ,
๐๐ ๐๐ฑ๐ญ๐๐ง๐ ๐จ๐ฎ๐ซ ๐ก๐๐๐ซ๐ญ๐๐๐ฅ๐ญ ๐ ๐ซ๐๐ญ๐ข๐ญ๐ฎ๐๐ ๐ญ๐จ ๐๐๐๐ก ๐จ๐ง๐ ๐จ๐ ๐ฒ๐จ๐ฎ ๐๐จ๐ซ ๐๐๐ข๐ง๐ ๐ ๐ฉ๐๐ซ๐ญ ๐จ๐ ๐จ๐ฎ๐ซ ๐๐จ๐ฎ๐๐ฎ๐๐ ๐๐จ๐ฆ๐ฆ๐ฎ๐ง๐ข๐ญ๐ฒ. ๐๐จ๐ฎ๐ซ ๐ฌ๐ฎ๐ฉ๐ฉ๐จ๐ซ๐ญ ๐๐ง๐ ๐๐ง๐ ๐๐ ๐๐ฆ๐๐ง๐ญ ๐ข๐ง๐ฌ๐ฉ๐ข๐ซ๐ ๐ฎ๐ฌ ๐ญ๐จ ๐ค๐๐๐ฉ ๐ฌ๐ญ๐ซ๐ข๐ฏ๐ข๐ง๐ ๐๐จ๐ซ ๐๐ฑ๐๐๐ฅ๐ฅ๐๐ง๐๐.
๐๐ง ๐จ๐ฎ๐ซ ๐๐ก๐๐ง๐ง๐๐ฅ, ๐ฐ๐ ๐๐ซ๐ ๐๐๐๐ข๐๐๐ญ๐๐ ๐ญ๐จ ๐๐ซ๐ข๐ง๐ ๐ข๐ง๐ ๐ฒ๐จ๐ฎ ๐ญ๐ก๐ ๐ฅ๐๐ญ๐๐ฌ๐ญ ๐ฎ๐ฉ๐๐๐ญ๐๐ฌ ๐จ๐ง ๐๐๐, ๐๐๐, ๐-๐ฐ๐๐ฒ, ๐๐๐ฑ๐๐ญ๐ข๐จ๐ง ๐๐๐ฐ๐ฌ, ๐๐ง๐ ๐ญ๐ก๐ ๐ซ๐๐ ๐ฎ๐ฅ๐๐ญ๐ข๐จ๐ง๐ฌ ๐๐จ๐ซ ๐๐๐๐ ๐๐ข๐ฅ๐ฅ, ๐๐ฅ๐ฅ ๐๐จ๐ง๐ฏ๐๐ง๐ข๐๐ง๐ญ๐ฅ๐ฒ ๐๐จ๐ฆ๐ฉ๐ข๐ฅ๐๐ ๐ข๐ง ๐จ๐ง๐ ๐ฉ๐ฅ๐๐๐. ๐๐จ๐ฎ๐ซ ๐๐ง๐ญ๐ก๐ฎ๐ฌ๐ข๐๐ฌ๐ฆ ๐๐จ๐ซ ๐ฅ๐๐๐ซ๐ง๐ข๐ง๐ ๐๐ง๐ ๐ฌ๐ญ๐๐ฒ๐ข๐ง๐ ๐ข๐ง๐๐จ๐ซ๐ฆ๐๐ ๐ฆ๐จ๐ญ๐ข๐ฏ๐๐ญ๐๐ฌ ๐ฎ๐ฌ ๐ญ๐จ ๐๐จ๐ง๐ญ๐ข๐ง๐ฎ๐ ๐๐๐ฅ๐ข๐ฏ๐๐ซ๐ข๐ง๐ ๐ฏ๐๐ฅ๐ฎ๐๐๐ฅ๐ ๐๐จ๐ง๐ญ๐๐ง๐ญ.
๐๐ ๐ฏ๐๐ฅ๐ฎ๐ ๐ฒ๐จ๐ฎ๐ซ ๐๐๐๐๐๐๐๐ค ๐๐ง๐ ๐ฌ๐ฎ๐ ๐ ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ, ๐ฐ๐ก๐ข๐๐ก ๐ก๐๐ฅ๐ฉ ๐ฎ๐ฌ ๐ญ๐๐ข๐ฅ๐จ๐ซ ๐จ๐ฎ๐ซ ๐๐จ๐ง๐ญ๐๐ง๐ญ ๐ญ๐จ ๐ฆ๐๐๐ญ ๐ฒ๐จ๐ฎ๐ซ ๐ง๐๐๐๐ฌ ๐๐๐๐๐๐ญ๐ข๐ฏ๐๐ฅ๐ฒ. ๐๐ ๐ฒ๐จ๐ฎ ๐ก๐๐ฏ๐๐ง'๐ญ ๐๐ฅ๐ซ๐๐๐๐ฒ, ๐ฐ๐ ๐ข๐ง๐ฏ๐ข๐ญ๐ ๐ฒ๐จ๐ฎ ๐ญ๐จ ๐ฌ๐ฎ๐๐ฌ๐๐ซ๐ข๐๐ ๐ญ๐จ ๐จ๐ฎ๐ซ ๐๐ก๐๐ง๐ง๐๐ฅ ๐ญ๐จ ๐ฌ๐ญ๐๐ฒ ๐ฎ๐ฉ๐๐๐ญ๐๐ ๐ฐ๐ข๐ญ๐ก ๐จ๐ฎ๐ซ ๐ฅ๐๐ญ๐๐ฌ๐ญ ๐ฎ๐ฉ๐ฅ๐จ๐๐๐ฌ ๐๐ง๐ ๐ข๐ง๐ฌ๐ข๐ ๐ก๐ญ๐๐ฎ๐ฅ ๐๐ข๐ฌ๐๐ฎ๐ฌ๐ฌ๐ข๐จ๐ง๐ฌ.
๐๐ก๐๐ง๐ค ๐ฒ๐จ๐ฎ ๐จ๐ง๐๐ ๐๐ ๐๐ข๐ง ๐๐จ๐ซ ๐ฒ๐จ๐ฎ๐ซ ๐ฎ๐ง๐ฐ๐๐ฏ๐๐ซ๐ข๐ง๐ ๐ฌ๐ฎ๐ฉ๐ฉ๐จ๐ซ๐ญ. ๐๐จ๐ ๐๐ญ๐ก๐๐ซ, ๐ฅ๐๐ญ'๐ฌ ๐๐ฆ๐๐๐ซ๐ค ๐จ๐ง ๐ญ๐ก๐ข๐ฌ ๐ฃ๐จ๐ฎ๐ซ๐ง๐๐ฒ ๐จ๐ ๐ค๐ง๐จ๐ฐ๐ฅ๐๐๐ ๐ ๐๐ง๐ ๐๐ฆ๐ฉ๐จ๐ฐ๐๐ซ๐ฆ๐๐ง๐ญ.
๐๐๐ข ๐๐ข๐ง๐!
CA Rahul Gupta
+91-80535-55086
HC set aside order and remanded matter to follow procedure prescribed for difference in ITC under GSTR-3B and GSTR-2A
The petitioner was engaged in the business of logistics and there were certain discrepancies between the ITC claimed as per GSTR-3B and GSTR- 2A. The department noticed such discrepancies and directed to reverse the excess claim of ITC. It filed writ petition and contended that it was not given sufficient opportunity to explain the discrepancies.The Honourable High Court noted that the petitioner was not given the opportunity to explain the discrepancies. However, the Court also noted that the CBIC has issued Circular No. 183/15/2022-GST dated 27-12-2022 and this Circular is made applicable specifically with respect to the financial years 2017-18 and 2018-19. But in the instant case, the adjudicating authority has not followed the procedure prescribed in the said Circular.
Therefore, the Court held that the impugned order was to be set aside and the matter was remitted back for fresh consideration in terms of the observations made in the Circular.
HC remanded matter as tax demand was raised due to inadvertent error while filing GSTR-1
Amar/hothi Carrying Corporation. Ast. Commisioner (ST) [2024]| 164 taxmana, com 11 (Mad.)
The petitioner was a registered person under GST and engaged in the business of transport of goods. It filed writ petition against the assessment order and contended that the GST was inadvertently shown as payable but the services provided by the petitioner during the assessment period 2019- 2020 were taxable on reverse charge basis by the recipient of services. While filing the GSTR-1 return for the month of October 2019, the petitioner inadvertently failed to indicate that GST was leviable on the service on reverse charge basis.
The Honourable High Court noted that the mistake was corrected in subsequent GSTR-3B and GSTR-9 returns. The Court also noted that the proceedings were initiated and the petitioner could not participate in such proceedings on account of being unaware of the same until such proceedings culminated in the impugned order. Therefore, the Court held that the impugned order was liable to be quashed and matter was remanded back to provide reasonable opportunity to assessee.
7 HC remanded matter for re-adjudication since assessee was unaware of SCN due to non-access of GST portal after closing business
The petitioner had closed his business in 2020 and it did not check the GST portal. The department issued Show Cause Notice (SCN) proposing demand but the SCN was uploaded only on the portal and was not communicated to the petitioner through any other means. Consequently, the petitioner was not able to furnish a reply against the impugned SCN and ex parte order was passed by the department.
The petitioner filed writ petition and contended that it was unaware of any proceedings initiated against it and the demand was raised without providing an opportunity to file reply.
The Honourable High Court noted that the impugned order was passed and it was mentioned in the order that another opportunity to submit reply for the sake of natural justice opportunity for Personal Hearing, as per provisions of Section 75(4) of CGST Act, was also provided to the taxpayer by issuing "REMINDER" though the GST portal. However, the petitioner did not access the portal due to closure of business and could not reply to the said Show Cause Notice.
Join our GST Updates Community on Whatsapp:
#gstwithcarahulgupta
#carahulgupta
#gstguru
๐๐๐๐ซ ๐๐ข๐๐ฐ๐๐ซ๐ฌ,
๐๐ ๐๐ฑ๐ญ๐๐ง๐ ๐จ๐ฎ๐ซ ๐ก๐๐๐ซ๐ญ๐๐๐ฅ๐ญ ๐ ๐ซ๐๐ญ๐ข๐ญ๐ฎ๐๐ ๐ญ๐จ ๐๐๐๐ก ๐จ๐ง๐ ๐จ๐ ๐ฒ๐จ๐ฎ ๐๐จ๐ซ ๐๐๐ข๐ง๐ ๐ ๐ฉ๐๐ซ๐ญ ๐จ๐ ๐จ๐ฎ๐ซ ๐๐จ๐ฎ๐๐ฎ๐๐ ๐๐จ๐ฆ๐ฆ๐ฎ๐ง๐ข๐ญ๐ฒ. ๐๐จ๐ฎ๐ซ ๐ฌ๐ฎ๐ฉ๐ฉ๐จ๐ซ๐ญ ๐๐ง๐ ๐๐ง๐ ๐๐ ๐๐ฆ๐๐ง๐ญ ๐ข๐ง๐ฌ๐ฉ๐ข๐ซ๐ ๐ฎ๐ฌ ๐ญ๐จ ๐ค๐๐๐ฉ ๐ฌ๐ญ๐ซ๐ข๐ฏ๐ข๐ง๐ ๐๐จ๐ซ ๐๐ฑ๐๐๐ฅ๐ฅ๐๐ง๐๐.
๐๐ง ๐จ๐ฎ๐ซ ๐๐ก๐๐ง๐ง๐๐ฅ, ๐ฐ๐ ๐๐ซ๐ ๐๐๐๐ข๐๐๐ญ๐๐ ๐ญ๐จ ๐๐ซ๐ข๐ง๐ ๐ข๐ง๐ ๐ฒ๐จ๐ฎ ๐ญ๐ก๐ ๐ฅ๐๐ญ๐๐ฌ๐ญ ๐ฎ๐ฉ๐๐๐ญ๐๐ฌ ๐จ๐ง ๐๐๐, ๐๐๐, ๐-๐ฐ๐๐ฒ, ๐๐๐ฑ๐๐ญ๐ข๐จ๐ง ๐๐๐ฐ๐ฌ, ๐๐ง๐ ๐ญ๐ก๐ ๐ซ๐๐ ๐ฎ๐ฅ๐๐ญ๐ข๐จ๐ง๐ฌ ๐๐จ๐ซ ๐๐๐๐ ๐๐ข๐ฅ๐ฅ, ๐๐ฅ๐ฅ ๐๐จ๐ง๐ฏ๐๐ง๐ข๐๐ง๐ญ๐ฅ๐ฒ ๐๐จ๐ฆ๐ฉ๐ข๐ฅ๐๐ ๐ข๐ง ๐จ๐ง๐ ๐ฉ๐ฅ๐๐๐. ๐๐จ๐ฎ๐ซ ๐๐ง๐ญ๐ก๐ฎ๐ฌ๐ข๐๐ฌ๐ฆ ๐๐จ๐ซ ๐ฅ๐๐๐ซ๐ง๐ข๐ง๐ ๐๐ง๐ ๐ฌ๐ญ๐๐ฒ๐ข๐ง๐ ๐ข๐ง๐๐จ๐ซ๐ฆ๐๐ ๐ฆ๐จ๐ญ๐ข๐ฏ๐๐ญ๐๐ฌ ๐ฎ๐ฌ ๐ญ๐จ ๐๐จ๐ง๐ญ๐ข๐ง๐ฎ๐ ๐๐๐ฅ๐ข๐ฏ๐๐ซ๐ข๐ง๐ ๐ฏ๐๐ฅ๐ฎ๐๐๐ฅ๐ ๐๐จ๐ง๐ญ๐๐ง๐ญ.
๐๐ ๐ฏ๐๐ฅ๐ฎ๐ ๐ฒ๐จ๐ฎ๐ซ ๐๐๐๐๐๐๐๐ค ๐๐ง๐ ๐ฌ๐ฎ๐ ๐ ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ, ๐ฐ๐ก๐ข๐๐ก ๐ก๐๐ฅ๐ฉ ๐ฎ๐ฌ ๐ญ๐๐ข๐ฅ๐จ๐ซ ๐จ๐ฎ๐ซ ๐๐จ๐ง๐ญ๐๐ง๐ญ ๐ญ๐จ ๐ฆ๐๐๐ญ ๐ฒ๐จ๐ฎ๐ซ ๐ง๐๐๐๐ฌ ๐๐๐๐๐๐ญ๐ข๐ฏ๐๐ฅ๐ฒ. ๐๐ ๐ฒ๐จ๐ฎ ๐ก๐๐ฏ๐๐ง'๐ญ ๐๐ฅ๐ซ๐๐๐๐ฒ, ๐ฐ๐ ๐ข๐ง๐ฏ๐ข๐ญ๐ ๐ฒ๐จ๐ฎ ๐ญ๐จ ๐ฌ๐ฎ๐๐ฌ๐๐ซ๐ข๐๐ ๐ญ๐จ ๐จ๐ฎ๐ซ ๐๐ก๐๐ง๐ง๐๐ฅ ๐ญ๐จ ๐ฌ๐ญ๐๐ฒ ๐ฎ๐ฉ๐๐๐ญ๐๐ ๐ฐ๐ข๐ญ๐ก ๐จ๐ฎ๐ซ ๐ฅ๐๐ญ๐๐ฌ๐ญ ๐ฎ๐ฉ๐ฅ๐จ๐๐๐ฌ ๐๐ง๐ ๐ข๐ง๐ฌ๐ข๐ ๐ก๐ญ๐๐ฎ๐ฅ ๐๐ข๐ฌ๐๐ฎ๐ฌ๐ฌ๐ข๐จ๐ง๐ฌ.
๐๐ก๐๐ง๐ค ๐ฒ๐จ๐ฎ ๐จ๐ง๐๐ ๐๐ ๐๐ข๐ง ๐๐จ๐ซ ๐ฒ๐จ๐ฎ๐ซ ๐ฎ๐ง๐ฐ๐๐ฏ๐๐ซ๐ข๐ง๐ ๐ฌ๐ฎ๐ฉ๐ฉ๐จ๐ซ๐ญ. ๐๐จ๐ ๐๐ญ๐ก๐๐ซ, ๐ฅ๐๐ญ'๐ฌ ๐๐ฆ๐๐๐ซ๐ค ๐จ๐ง ๐ญ๐ก๐ข๐ฌ ๐ฃ๐จ๐ฎ๐ซ๐ง๐๐ฒ ๐จ๐ ๐ค๐ง๐จ๐ฐ๐ฅ๐๐๐ ๐ ๐๐ง๐ ๐๐ฆ๐ฉ๐จ๐ฐ๐๐ซ๐ฆ๐๐ง๐ญ.
๐๐๐ข ๐๐ข๐ง๐!
CA Rahul Gupta
+91-80535-55086
HC set aside order and remanded matter to follow procedure prescribed for difference in ITC under GSTR-3B and GSTR-2A
The petitioner was engaged in the business of logistics and there were certain discrepancies between the ITC claimed as per GSTR-3B and GSTR- 2A. The department noticed such discrepancies and directed to reverse the excess claim of ITC. It filed writ petition and contended that it was not given sufficient opportunity to explain the discrepancies.The Honourable High Court noted that the petitioner was not given the opportunity to explain the discrepancies. However, the Court also noted that the CBIC has issued Circular No. 183/15/2022-GST dated 27-12-2022 and this Circular is made applicable specifically with respect to the financial years 2017-18 and 2018-19. But in the instant case, the adjudicating authority has not followed the procedure prescribed in the said Circular.
Therefore, the Court held that the impugned order was to be set aside and the matter was remitted back for fresh consideration in terms of the observations made in the Circular.
HC remanded matter as tax demand was raised due to inadvertent error while filing GSTR-1
Amar/hothi Carrying Corporation. Ast. Commisioner (ST) [2024]| 164 taxmana, com 11 (Mad.)
The petitioner was a registered person under GST and engaged in the business of transport of goods. It filed writ petition against the assessment order and contended that the GST was inadvertently shown as payable but the services provided by the petitioner during the assessment period 2019- 2020 were taxable on reverse charge basis by the recipient of services. While filing the GSTR-1 return for the month of October 2019, the petitioner inadvertently failed to indicate that GST was leviable on the service on reverse charge basis.
The Honourable High Court noted that the mistake was corrected in subsequent GSTR-3B and GSTR-9 returns. The Court also noted that the proceedings were initiated and the petitioner could not participate in such proceedings on account of being unaware of the same until such proceedings culminated in the impugned order. Therefore, the Court held that the impugned order was liable to be quashed and matter was remanded back to provide reasonable opportunity to assessee.
7 HC remanded matter for re-adjudication since assessee was unaware of SCN due to non-access of GST portal after closing business
The petitioner had closed his business in 2020 and it did not check the GST portal. The department issued Show Cause Notice (SCN) proposing demand but the SCN was uploaded only on the portal and was not communicated to the petitioner through any other means. Consequently, the petitioner was not able to furnish a reply against the impugned SCN and ex parte order was passed by the department.
The petitioner filed writ petition and contended that it was unaware of any proceedings initiated against it and the demand was raised without providing an opportunity to file reply.
The Honourable High Court noted that the impugned order was passed and it was mentioned in the order that another opportunity to submit reply for the sake of natural justice opportunity for Personal Hearing, as per provisions of Section 75(4) of CGST Act, was also provided to the taxpayer by issuing "REMINDER" though the GST portal. However, the petitioner did not access the portal due to closure of business and could not reply to the said Show Cause Notice.
ะะพะผะผะตะฝัะฐัะธะธ