Daily Archives: March 19, 2018

HC allowed assessee to pay GST liability in 5 equal monthly instalments

By | March 19, 2018

HIGH COURT OF MADRAS M. Bagulayan v. Superintendent of Central GST & Central Excise* G.R. SWAMINATHAN, J. W.P.(MD) NO. 24208 OF 2017 W.M.P.(MD) NO. 20317 OF 2017 JANUARY  24, 2018 T. Bashyam for the Petitioner. R. Aravindan, Standing Counsel for the Respondent. ORDER 1. Heard the learned counsel on either side. 2. By consent of both the parties the main… Read More »

Circular No 6/2018 Customs : Refund of IGST on Export-EGM Error related cases

By | March 19, 2018

Circular No 6/2018 Customs Dated 16-03-2018 Refund of IGST on Export-EGM Error related cases. IGST Refund module for exports is operational in ICES from 10.10.2017. The module has an inbuilt procedure to automatically grant refund after validating the Shipping Bill data available with Customs against the GST Returns data available with GSTN. The procedure also… Read More »

Section 58 of Uttarakhand GST Act 2017 : Utilisation of Fund

By | March 19, 2018

Section 58 of Uttarakhand GST Act 2017 ( Section 58 of Uttarakhand GST Act 2017 explains Utilisation of Fund and is covered in  CHAPTER XI REFUNDS)   Utilisation of Fund 58. (1) All sums credited to the Fund shall be utilised by the Government for the welfare of the consumers in such manner as may be prescribed. (2) The… Read More »

Section 57 of Uttarakhand GST Act 2017 : Consumer Welfare Fund

By | March 19, 2018

Section 57 of Uttarakhand GST Act 2017 ( Section 57 of Uttarakhand GST Act 2017 explains Consumer Welfare Fund and is covered in  CHAPTER XI REFUNDS)   Consumer Welfare Fund 57. The Government shall constitute a Fund, to be called the Consumer Welfare Fund and there shall be credited to the Fund,—- (a) the amount referred to in sub-section… Read More »

Section 56 of Uttarakhand GST Act 2017 : Interest on delayed refunds

By | March 19, 2018

Section 56 of Uttarakhand GST Act 2017 ( Section 56 of Uttarakhand GST Act 2017 explains Interest on delayed refunds and is covered in  CHAPTER XI REFUNDS)  Interest on delayed refunds 56. If any tax ordered to be refunded under sub section (5) of section 54 to any applicant is not refunded within sixty days from the date… Read More »

Section 55 of Uttarakhand GST Act 2017 : Refund in certain cases

By | March 19, 2018

Section 55 of Uttarakhand GST Act 2017 ( Section 55 of Uttarakhand GST Act 2017 explains Refund in certain cases and is covered in  CHAPTER XI REFUNDS)  Refund in certain cases. 55. The Government may, on the recommendations of the Council, by notification, specify any specialized agency of the United Nations Organization or any Multilateral Financial Institution and… Read More »

Section 53 of Uttarakhand GST Act 2017 : Transfer of input tax credit

By | March 19, 2018

Section 53 of Uttarakhand GST Act 2017 ( Section 53 of Uttarakhand GST Act 2017 explains Transfer of input tax credit and is covered in  CHAPTER X PAYMENT OF TAX)  Transfer of input tax credit 53. On utilisation of input tax credit availed under this Act for payment of tax dues under the Integrated Goods and Services Tax… Read More »

Section 52 of Uttarakhand GST Act 2017 : Collection of tax at source

By | March 19, 2018

Section 52 of Uttarakhand GST Act 2017 ( Section 52 of Uttarakhand GST Act 2017 explains Collection of tax at source and is covered in  CHAPTER X PAYMENT OF TAX)  Collection of tax at source 52. (1) Notwithstanding anything to the contrary contained in this Act, every electronic commerce operator (hereafter in this section referred to as the… Read More »

Section 51 of Uttarakhand GST Act 2017 : Tax deduction at source

By | March 19, 2018

Section 51 of Uttarakhand GST Act 2017 ( Section 51 of Uttarakhand GST Act 2017 explains Tax deduction at source and is covered in  CHAPTER X PAYMENT OF TAX)  Tax deduction at source 51. (1) Notwithstanding anything to the contrary contained in this Act, the Government may mandate, – (a) a department or establishment of the Central Government… Read More »

Section 50 of Uttarakhand GST Act 2017 : Interest on delayed payment of tax

By | March 19, 2018

Section 50 of Uttarakhand GST Act 2017 ( Section 50 of Uttarakhand GST Act 2017 explains Interest on delayed payment of tax and is covered in  CHAPTER X PAYMENT OF TAX)  Interest on delayed payment of tax 50. (1) Every person who is liable to pay tax in accordance with the provisions of this Act or the rules… Read More »

Section 49 of Uttarakhand GST Act 2017 : Payment of tax, interest, penalty and other amounts

By | March 19, 2018

Section 49 of Uttarakhand GST Act 2017 ( Section 49 of Uttarakhand GST Act 2017 explains Payment of tax, interest, penalty and other amounts and is covered in  CHAPTER X PAYMENT OF TAX)  Payment of tax, interest, penalty and other amounts 49. (1) Every deposit made towards tax, interest, penalty, fee or any other amount by a person… Read More »

Section 48 of Uttarakhand GST Act 2017 : Goods and services tax practitioners

By | March 19, 2018

Section 48 of Uttarakhand GST Act 2017 ( Section 48 of Uttarakhand GST Act 2017 explains Goods and services tax practitioners and is covered in  CHAPTER IX RETURNS)  Goods and services tax practitioners 48. (1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant… Read More »

Section 47 of Uttarakhand GST Act 2017 : Levy of late fee

By | March 19, 2018

Section 47 of Uttarakhand GST Act 2017 ( Section 47 of Uttarakhand GST Act 2017 explains Levy of late fee and is covered in  CHAPTER IX RETURNS)  Levy of late fee 47. (1) Any registered person who fails to furnish the details of outward or inward supplies required under section 37 or section 38 or returns required under… Read More »

Section 46 of Uttarakhand GST Act 2017 : Notice to return defaulters

By | March 19, 2018

Section 46 of Uttarakhand GST Act 2017 ( Section 46 of Uttarakhand GST Act 2017 explains Notice to return defaulters and is covered in  CHAPTER IX RETURNS)  Notice to return defaulters 46. Where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to… Read More »

Section 45 of Uttarakhand GST Act 2017 : Final return

By | March 19, 2018

Section 45 of Uttarakhand GST Act 2017 ( Section 45 of Uttarakhand GST Act 2017 explains Final return and is covered in  CHAPTER IX RETURNS)  Final return 45. Every registered person who is required to furnish a return under sub-section (1) of section 39 and whose registration has been cancelled shall furnish a final return within three months… Read More »

Section 44 of Uttarakhand GST Act 2017 : Annual return

By | March 19, 2018

Section 44 of Uttarakhand GST Act 2017 ( Section 44 of Uttarakhand GST Act 2017 explains Annual return and is covered in  CHAPTER IX RETURNS)  Annual return 44. (1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall… Read More »

Section 43 of Uttarakhand GST Act 2017 : Matching, reversal and reclaim of reduction in ‘ output tax liability

By | March 19, 2018

Section 43 of Uttarakhand GST Act 2017 ( Section 43 of Uttarakhand GST Act 2017 explains Matching, reversal and reclaim of reduction in ‘ output tax liability and is covered in  CHAPTER IX RETURNS)  Matching, reversal and reclaim of reduction in ‘ output tax liability 43. (1) The details of every credit note relating to outward supply furnished… Read More »

Section 42 of Uttarakhand GST Act 2017 : Matching, reversal and reclaim of input tax credit

By | March 19, 2018

Section 42 of Uttarakhand GST Act 2017 ( Section 42 of Uttarakhand GST Act 2017 explains Matching, reversal and reclaim of input tax credit and is covered in  CHAPTER IX RETURNS)  Matching, reversal and reclaim of input tax credit 42. (1) The details of every inward supply furnished by a registered person (hereafter in this section referred to… Read More »

Section 41 of Uttarakhand GST Act 2017 : Claim of input tax credit and provisional acceptance thereof

By | March 19, 2018

Section 41 of Uttarakhand GST Act 2017 ( Section 41 of Uttarakhand GST Act 2017 explains Claim of input tax credit and provisional acceptance thereof and is covered in  CHAPTER IX RETURNS)  Claim of input tax credit and provisional acceptance thereof 41.(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be… Read More »

Section 40 of Uttarakhand GST Act 2017 : First Return

By | March 19, 2018

Section 40 of Uttarakhand GST Act 2017 ( Section 40 of Uttarakhand GST Act 2017 explains First Return and is covered in  CHAPTER IX RETURNS)  First Return 40. Every registered person who has made outward supplies in the period between the date on which he became liable to registration till the date on which registration has been granted… Read More »

Section 39 of Uttarakhand GST Act 2017 : Furnishing of returns

By | March 19, 2018

Section 39 of Uttarakhand GST Act 2017 ( Section 39 of Uttarakhand GST Act 2017 explains Furnishing of returns and is covered in  CHAPTER IX RETURNS)  Furnishing of returns 39. (1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section… Read More »

Section 38 of Uttarakhand GST Act 2017 : Furnishing details of inward supplies

By | March 19, 2018

Section 38 of Uttarakhand GST Act 2017 ( Section 38 of Uttarakhand GST Act 2017 explains Furnishing details of inward supplies and is covered in  CHAPTER IX RETURNS)  Furnishing details of inward supplies 38. (1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or t a person paying tax under the provisions of section… Read More »

Section 37 of Uttarakhand GST Act 2017 : Furnishing details of outward supplies

By | March 19, 2018

Section 37 of Uttarakhand GST Act 2017 ( Section 37 of Uttarakhand GST Act 2017 explains Furnishing details of outward supplies and is covered in  CHAPTER IX RETURNS)  Furnishing details of outward supplies 37. Every registered person, other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10… Read More »

Section 36 of Uttarakhand GST Act 2017 : Period of retention of accounts

By | March 19, 2018

Section 36 of Uttarakhand GST Act 2017 ( Section 36 of Uttarakhand GST Act 2017 explains Period of retention of accounts and is covered in  CHAPTER VIII ACCOUNTS AND RECORDS)   Period of retention of accounts 36. Every registered person required to keep and maintain books of account or other records in accordance with the provisions of sub-section (1)… Read More »

Section 35 of Uttarakhand GST Act 2017 : Accounts and other records

By | March 19, 2018

Section 35 of Uttarakhand GST Act 2017 ( Section 35 of Uttarakhand GST Act 2017 explains Accounts and other records and is covered in  CHAPTER VIII ACCOUNTS AND RECORDS)  Accounts and other records 35.(1) Every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and… Read More »

Section 34 of Uttarakhand GST Act 2017 : Credit and debit notes

By | March 19, 2018

Section 34 of Uttarakhand GST Act 2017 ( Section 34 of Uttarakhand GST Act 2017 explains Credit and debit notes and is covered in  CHAPTER VII TAX INVOICE, CREDIT AND DEBIT NOTES)  Credit and debit notes 34.(1) Where a tax invoice has been issued for supply of any goods or services or both and the taxable value… Read More »

Section 32 of Uttarakhand GST Act 2017 : Prohibition of unauthorised collection of tax

By | March 19, 2018

Section 32 of Uttarakhand GST Act 2017 ( Section 32 of Uttarakhand GST Act 2017 explains Prohibition of unauthorised collection of tax and is covered in  CHAPTER VII TAX INVOICE, CREDIT AND DEBIT NOTES)  Prohibition of unauthorised collection of tax 32.(1) A person who is not a registered person shall not collect in respect of any supply… Read More »

Section 33 of Uttarakhand GST Act 2017 : Amount of tax to be indicated in tax invoice and other documents

By | March 19, 2018

Section 33 of Uttarakhand GST Act 2017 ( Section 33 of Uttarakhand GST Act 2017 explains Amount of tax to be indicated in tax invoice and other documents and is covered in  CHAPTER VII TAX INVOICE, CREDIT AND DEBIT NOTES)  Amount of tax to be indicated in tax invoice and other documents 33. Notwithstanding anything contained in this… Read More »

Section 31 of Uttarakhand GST Act 2017 : Tax invoice

By | March 19, 2018

Section 31 of Uttarakhand GST Act 2017 ( Section 31 of Uttarakhand GST Act 2017 explains Tax invoice and is covered in  CHAPTER VII TAX INVOICE, CREDIT AND DEBIT NOTES)  Tax invoice 31. (1) A registered person supplying taxable goods shall, before or at the time of, — (a) removal of goods for supply to the recipient, where… Read More »

Section 30 of Uttarakhand GST Act 2017 : Revocation of cancellation of registration

By | March 19, 2018

Section 30 of Uttarakhand GST Act 2017 ( Section 30 of Uttarakhand GST Act 2017 explains Revocation of cancellation of registration and is covered in  CHAPTER VI REGISTRATION)  Revocation of cancellation of registration 30. (1) Subject to such conditions as may be prescribed, any registered person, whose registration is cancelled by the proper officer on his own motion,… Read More »

Section 29 of Uttarakhand GST Act 2017 : Cancellation of registration

By | March 19, 2018

Section 29 of Uttarakhand GST Act 2017 ( Section 29 of Uttarakhand GST Act 2017 explains Cancellation of registration and is covered in  CHAPTER VI REGISTRATION)  Cancellation of registration 29. (1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death… Read More »

Section 28 of Uttarakhand GST Act 2017 : Amendment of registration

By | March 19, 2018

Section 28 of Uttarakhand GST Act 2017 ( Section 28 of Uttarakhand GST Act 2017 explains Amendment of registration and is covered in  CHAPTER VI REGISTRATION)  Amendment of registration 28. (1) Every registered person and a person to whom a Unique Identity Number has been assigned shall inform the proper officer of any changes in the information furnished… Read More »

Section 27 of Uttarakhand GST Act 2017 : Special provisions relating to casual taxable person and non-resident taxable person

By | March 19, 2018

Section 27 of Uttarakhand GST Act 2017 ( Section 27 of Uttarakhand GST Act 2017 explains Special provisions relating to casual taxable person and non-resident taxable person and is covered in  CHAPTER VI REGISTRATION)  Special provisions relating to casual taxable person and non-resident taxable person 27.(1) The certificate of registration issued to a casual taxable person or… Read More »

Section 26 of Uttarakhand GST Act 2017 : Deemed registration

By | March 19, 2018

Section 26 of Uttarakhand GST Act 2017 ( Section 26 of Uttarakhand GST Act 2017 explains Deemed registration and is covered in  CHAPTER VI REGISTRATION)  Deemed registration 26. (1) The grant of registration or the Unique Identity Number under the Central Goods and Services Tax Act shall be deemed to be a grant of registration or the Unique Identity Number… Read More »

Section 25 of Uttarakhand GST Act 2017 : Procedure for registration

By | March 19, 2018

Section 25 of Uttarakhand GST Act 2017 ( Section 25 of Uttarakhand GST Act 2017 explains Procedure for registration and is covered in  CHAPTER VI REGISTRATION)  Procedure for registration 25. (1) Every person who is liable to be registered under section 22or section 24 shall apply for registration within thirty days from the date on which he becomes… Read More »

Section 24 of Uttarakhand GST Act 2017 : Compulsory registration in certain cases

By | March 19, 2018

Section 24 of Uttarakhand GST Act 2017 ( Section 24 of Uttarakhand GST Act 2017 explains Compulsory registration in certain cases and is covered in  CHAPTER VI REGISTRATION)  Compulsory registration in certain cases 24. Notwithstanding anything contained in sub section (1) of section 22, the following categories of persons shall be required to be registered under this Act,… Read More »

Section 23 of Uttarakhand GST Act 2017 : Persons not liable for registration

By | March 19, 2018

Section 23 of Uttarakhand GST Act 2017 ( Section 23 of Uttarakhand GST Act 2017 explains Persons not liable for registration and is covered in  CHAPTER VI REGISTRATION)  Persons not liable for registration 23. (1) The following persons shall not be liable to registration, namely: — (a) any person engaged exclusively in the business of supplying goods or… Read More »

Section 22 of Uttarakhand GST Act 2017 : Persons liable for registration

By | March 19, 2018

Section 22 of Uttarakhand GST Act 2017 ( Section 22 of Uttarakhand GST Act 2017 explains Persons liable for registration and is covered in  CHAPTER VI REGISTRATION)  Persons liable for registration 22. (1) Every supplier making a taxable supply of goods or services or both in the State shall be liable to be registered under this Act if… Read More »

Section 21 of Uttarakhand GST Act 2017 : Manner of recovery of credit distributed in excess

By | March 19, 2018

Section 21 of Uttarakhand GST Act 2017 ( Section 21 of Uttarakhand GST Act 2017 explains Manner of recovery of credit distributed in excess and is covered in  CHAPTER V INPUT TAX CREDIT)  Manner of recovery of credit distributed in excess 21. Where the Input Service Distributor distributes the credit in contravention of the provisions contained in section… Read More »

Section 20 of Uttarakhand GST Act 2017 : Manner of distribution of credit by Input Service Distributor

By | March 19, 2018

Section 20 of Uttarakhand GST Act 2017 ( Section 20 of Uttarakhand GST Act 2017 explains Manner of distribution of credit by Input Service Distributor and is covered in  CHAPTER V INPUT TAX CREDIT)  Manner of distribution of credit by Input Service Distributor 20.(1) The Input Service Distributor shall distribute the credit of State tax as State tax or integrated tax… Read More »

Section 19 of Uttarakhand GST Act 2017 : Taking input tax credit in respect of inputs and capital goods sent for jobwork

By | March 19, 2018

Section 19 of Uttarakhand GST Act 2017 ( Section 19 of Uttarakhand GST Act 2017 explains Taking input tax credit in respect of inputs and capital goods sent for jobwork and is covered in  CHAPTER V INPUT TAX CREDIT)  Taking input tax credit in respect of inputs and capital goods sent for jobwork 19.(1) The principal shall,… Read More »

Section 18 of Uttarakhand GST Act 2017 : Availability of credit in special circumstances

By | March 19, 2018

Section 18 of Uttarakhand GST Act 2017 ( Section 18 of Uttarakhand GST Act 2017 explains Availability of credit in special circumstances and is covered in  CHAPTER V INPUT TAX CREDIT)  Availability of credit in special circumstances 18.(1) Subject to such conditions and restrictions as may be prescribed (a) a person who has applied for registration under… Read More »

Section 17 of Uttarakhand GST Act 2017 : Apportionment of credit and blocked credits

By | March 19, 2018

Section 17 of Uttarakhand GST Act 2017 ( Section 17 of Uttarakhand GST Act 2017 explains Apportionment of credit and blocked credits and is covered in  CHAPTER V INPUT TAX CREDIT)  Apportionment of credit and blocked credits 17. (1) Where the goods or services or both are used by the registered person partly for the purpose of any business… Read More »

Section 16 of Uttarakhand GST Act 2017 : Eligibility and conditions for taking input tax credit

By | March 19, 2018

Section 16 of Uttarakhand GST Act 2017 ( Section 16 of Uttarakhand GST Act 2017 explains Eligibility and conditions for taking input tax credit and is covered in  CHAPTER V INPUT TAX CREDIT)  Eligibility and conditions for taking input tax credit 16. (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and… Read More »

Section 15 of Uttarakhand GST Act 2017 : Value of taxable supply

By | March 19, 2018

Section 15 of Uttarakhand GST Act 2017 ( Section 15 of Uttarakhand GST Act 2017 explains Value of taxable supply and is covered in  CHAPTER IV TIME AND VALUE OF SUPPLY)   Value of taxable supply 15. (1) The value of a supply of goods or services or both shall be the transaction value, which is the price actually… Read More »

Section 14 of Uttarakhand GST Act 2017 : Change in rate of tax in respect of supply of goods or services

By | March 19, 2018

Section 14 of Uttarakhand GST Act 2017 ( Section 14 of Uttarakhand GST Act 2017 explains Change in rate of tax in respect of supply of goods or services and is covered in  CHAPTER IV TIME AND VALUE OF SUPPLY)   Change in rate of tax in respect of supply of goods or services  14. Notwithstanding anything contained in… Read More »

Section 13 of Uttarakhand GST Act 2017 : Time of supply of services

By | March 19, 2018

Section 13 of Uttarakhand GST Act 2017 ( Section 13 of Uttarakhand GST Act 2017 explains Time of supply of services and is covered in  CHAPTER IV TIME AND VALUE OF SUPPLY)   Time of supply of services 13. (1) The liability to pay tax on services shall arise at the time of supply, as determined in accordance with… Read More »