The recent decision of Authority for Advance Ruling (AAR), Rajasthan in Re: M/s. Clay Craft India Pvt. Ltd. (RAJ/ AAR/ 2019-20/33) that the Directors’ remuneration is paid for the services supplied by the Director to the applicant company shall be liable to tax under reverse charge basis under section 9(3) of the CGST Act, 2017 has left companies perplexed. On the onset, it maybe relevant to note that section 103(1) of CGST Act states that the advance ruling pronounced by the Authority or the Appellate Authority shall be binding only on the applicant who had sought it in respect of any matter referred to in the said ruling and on the concerned officer or the jurisdictional officer in respect of the applicant. The applicant may even go on appeal against the pronouncement. Nonetheless, it reflects the views of the department in respect of the particular issue for which ruling was sought and for that reason it cannot simply be ignored.
Goods transport Agency (GTA) is undeniably one of the most unorganised sectors in our country. Road transport business operates in a number of ways including goods transport agency, wayside transporters, courier agencies and so on. Therefore, it is pertinent to test whether they would fall within the ambit of GTA. Consequently the taxation of GTA has been a contentious issue in the erstwhile Service tax regime as well as in the GST regime. This article analyses the meaning and scope of GTA drawing inference from various judicial pronouncements.
Earlier composition scheme was available only to manufacturers and traders; and service providers were kept outside its ambit. With effect from 1st April 2019, central government, on recommendation of the council has notified Composition Scheme for service providers vide Notification No. 2/2019 central tax (rate) dated 07/03/2019. Consequently Notification 9/2019 central tax (rate) amended the above said notification to make rules applicable to a person paying tax under section 10 apply to person paying tax under the said notification. Subsequently, On 5th April a departmental circular was issued to ensure uniformity. This article tries to analyse the various aspects of the said notifications and circulars in detail.
The CGST (Amendment) Act, 2018 has amended section 49(5) and inserted Section 49A and 49B which has drastically rationalised the utilization of ITC. This article is discusses the practical aspects on the new scheme of utilization of credit in the light of recent notification 16/2019 and CBIC Circular 98/17/2019.
With effect from 1st April 2019, CBIC vide a series of notification reduced the GST rates for real estate projects. Apart from various conditions to be fulfilled along with the new rates such as reversal of ITC, RCM on unregistered purchase; the notifications also introduced some changes in the taxation of development rights and Floor Space Index (FSI) applicable for all projects after 1st April 2019 and also to the ongoing project that have opted to pay tax at the new rate. This article is analyses the impact of these amendments in the context of Development rights and FSI.
E-way bill is an Electronic bill for the movement of goods under GST which can be generated on the E-Way Bill portal. Recently some enhancements have been made in the E-way Bill portal which has been discussed in this article. Moreover, CBIC vide its Notification No 22/2019-central tax dated April 23 2019 has notified the provisions of Rule 138E of CGST Rules, 2017 imposing certain restrictions on taking EWay bill.
With the series of changes that have been made effective from 1st April, 2019 the effective tax rates has come down from 12% and 8% to 5% and 1% in the case of construction of residential apartments and Affordable housing apartments respectively. Consequent to these changes the ITC has become ineligible and there is a need for reversal of ITC in cases where the promoter opts to pay GST at the new effective rate of 5% or 1%, as applicable, to the extent of the ITC attributable to the supplies whose time of supply (ToS) occurs after 01.04.2019. This article is aimed to explain the formula for reversal of ITC in coherent way possible.
CBDT has vide Notification No 32/2019-Income Tax Dated 01/04/2019 released the new ITR Forms for AY 2019-20. While there is no change in ITR-1 (SAHAJ) meant for salaried assesses, there are some changes in ITR-2,3,5,6 and 7 for the Assessment Year 2019-20 with some additional reporting requirements for directors, shareholders of unlisted shares and for companies. Here is a detailed analysis of the amendments in rule as well as the additional reporting requirements.
In the GST Council meeting held on February 24, 2019, the decision was made to cut tax on real estate projects to 5 per cent, from 12 per cent. It was also decided to slash the GST rate on affordable housing, to 1 per cent from 8 per cent, as per Finance Minister Arun Jaitley. These changes are applicable from April 1, 2019. Here is an analysis of the possible impact of the Rate cut on the real estate developer as well as the buyer.