As a business owner, it's important to understand the process of claiming Input Tax Credit (ITC) in Indian GST.
Here's a step-by-step guide to help you claim ITC correctly and in compliance with the latest laws. 🧵👇
1/ Maintaining accurate records is key to claiming ITC. Ensure that all invoices and receipts are properly filed and organized. Any discrepancy in the details provided can lead to rejection of ITC.
2/ Check if the supplier has filed their GSTR-1 and GSTR-3B returns correctly. This is important because if the supplier has not filed the returns properly, the ITC claimed by you will not be allowed.
3/ Match the ITC claimed in GSTR-3B with the details available in GSTR-2B. Any discrepancies should be rectified before filing the returns.
4/ Ensure that you have received goods or services for which ITC is being claimed. The ITC can only be claimed if it is in respect of goods or services received by the registered person.
5/ As per Section 17(5), certain supplies are excluded from the purview of ITC. Ensure that the ITC claimed does not include any such excluded supplies.
6/ ITC can't be claimed on goods and services that are used for personal purposes or for non-business purposes such as gifts or donations.
7/ Ensure that the ITC claimed does not exceed the tax paid on the outward supplies. Any excess ITC claimed will be claimed in next period.
8/ ITC cannot be claimed on exempt supplies. If a registered person makes both taxable and exempt supplies, ITC can be claimed only on the taxable supplies.
9/ The ITC claimed should be reconciled and matched with the books of accounts. Any discrepancies should be addressed before filing the returns.
10/ In conclusion, claiming ITC correctly is crucial to avoid any tax-related issues. Proper record keeping, reconciling ITC with GSTR-2B, and complying with the latest laws are key to claiming ITC without any hassles. #ITC#GST.
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Transfer of airport operations by AAI to Adani exempt, however, salary cost reimbursement is taxable at 18% - Rajasthan AAR in re Airports Authority of India, Civil Airport Road, Jaipur [RULING NO. RAJ/AAR/2022-23/25, Dated 20-Mar-2023]
Summary of the ruling:
1. The transfer of business from the Airport Authority of India to Adani Jaipur International Airport Limited is considered a supply under Section 7 of the CGST Act, 2017.
2. This transfer is not covered in clause 4 of schedule II of the CGST Act, which means GST is not leviable
3. The transfer is covered under Entry No. 2 of exemption Notification 12/2017-CT(R), which means GST is not leviable.
4. Ruling on whether GST is leviable on the transfer of assets is not required, based on the ruling in point 3.
Constitutionality of Taxing Intermediary Services Under GST: Bombay High Court Upholds Validity Of Section 13(8)(b) Of IGST Act
The Bombay High Court has upheld the constitutionality of taxing intermediary services under the IGST Act.
"The provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid, and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are confined in their operation to the provisions of the IGST Aact only,
CAG’s report points out lapses in GST, Stamp Duty and Registration Fee
The Compliance Audit (Revenue) report of the Comptroller and Auditor General (CAG) for the year that ended on March 31, 2021 has pointed out lapses in aspects relating to Goods and Services Tax and Stamp Duty and Registration Fee.
A test check of the records relating to Goods and Services Tax, Stamp Duty and Registration Fee, and land revenue during the year 2020-21 revealed under-assessments, short levy, loss of revenue and other observations amounting to Rs. 675.87 crore in 1,079 cases, it said.
GST evasion detection nearly doubles to Rs 1.01 trillion in FY23
GST evasion detection by tax officers almost doubled year-on-year to over Rs 1.01 trillion in the just concluded 2022-23 fiscal, an official said. During the last fiscal, a recovery of Rs 21,000 crore was made by the officers of the Directorate General of GST Intelligence (DGGI).
The official said the government is taking steps to increase compliance and using data analytics and human intelligence to identify fraud. "DGGI officers have detected evasion to the tune of Rs 101,300 crore in 2022-23.