Clarifications issued in pursuance of the 54th GST Council Meeting

A Guide to Understand Taxpayer’s Rights and Responsibilities

M/s BMW India Private Limited [‘BMW’] is a wholly owned subsidiary of M/s Bayerische Motoren Werke Holding B.V., Netherlands and M/s Bayerische Motoren Werke, Aktiengesellschaft, Germany [‘Collectively referred as Parent Company’]. The parent company is engaged in the business of the manufacture and sale of ‘BMW cars’ outside India.

The constitution of the GSTAT is a crucial milestone for alleviating the burden on writ courts and ensuring an effective operation of the dispute resolution mechanism under GST. The appointment of Justice [Retd.] Sanjay Kumar Mishra as President of GSTAT

Scheme for waiver of interest and penalty –Section 128A of the Central Goods and Service Tax Act, 2017

Goods and Services Tax (GST) Legislative Changes

[These shall come into effect from the date of assent to the Finance (No.2) Bill, unless specified otherwise]

1. Exclusion of un-denatured extra-neutral alcohol or rectified spirit from the purview of GST [Section 9 of the Central Goods and Services Tax Act, 2017 (“CGST Act”), Section 7 of the Union Territory Goods and Services Tax Act, 2017 (“UTGST Act”) and Section 5 of the Integrated Goods and Services Tax Act,2017 (“IGST Act”)]

GST registration applications are governed by Rule 8 of the CGST rules, wherein Rule 8(4A) provides for authentication of Aadhaar number while filing the GST registration applications. The second proviso now provides that where applicants [other than individuals] who do not possess Aadhar number or other applicants who do not opt for Aadhaar authentication, will need to appear for the photographs along with verification of original copy of documents uploaded on the common portal at notified facilitation centers. It is noteworthy that GST registration application shall be deemed to be complete only after this process is successfully undertaken at such facilitation center.

The Petitioner1 is engaged in regassification of LNG. The plant for carrying out the regassification activity is situated in Dabhol. The Petitioner is discharging the GST liability on such activities as supply of taxable services. LNG [being input] is received by sea from various countries through LNG carriers at Petitioner’s captive jetty. From the said jetty LNG is transferred to cryogenic storage tanks located in the regassification plant.

In pursuance to the powers conferred by section 120 of the CGST Act, the Board on the recommendation of the GST Council has fixed the below monetary limits for the Revenue authorities for filing appeals, applications or Special Leave Petitions before the Goods and Services Tax Appellate Tribunal [GSTAT], High Court and Supreme Court:

The GST Council meeting today is no short of a mini budget. The new Government in its first meeting (and 53rd meeting of the GST Council) has taken pro-active steps which will help reduce litigation on some of the key on-going issues.

In this alert, we have briefly summarized few key amendments. A detailed alert will follow once the clarifications are issued.

In the 50th GST Council meeting, the Council had recommended to amend the Input Services Distributor (ISD) provisions for the distribution of credit on common input services procured from third parties, so as to make it mandatory. In this regard, the Finance Act, 2024, has introduced amendments to the GST laws; however, the implementation date for these provisions is yet to be notified.

The Petitioner1 challenged the order confirming the demand for wrong availment of transitional credit amounting to INR 30,33,615/- along with interest and penalty under section 74 of Central Goods and Services Tax Act [CGST Act]. It was an undisputed fact that the Petitioner had reversed the wrongly availed transitional credit before the issuance of show cause notice.

Section 168A of CGST Act was inserted vide the Taxation and Other laws (Relaxation and Amendment of Certain Provisions) Act, 2020 which gave power to the Government to extend the time limit in respect of any actions which cannot be completed due to force majeure events such as war, epidemic, flood, draught, fire, cyclone, earth quake or any other calamity caused by nature or otherwise.

Has the clock started ticking for filing appeals before the GST Appellate Tribunal?

Service, if any rendered, by an Investment Trust is for its own self

CBIC Instructions navigating taxability on secondment of employees from overseas group entity.

Amendments made to the VAT laws by the States, pursuant to introduction of 101st Constitutional Amendment Act are not enforceable

Notification issued pursuant to 52nd GST Council meeting held on 7 October 2023

Recent CBIC clarifications pursuant to 52nd GST Council meeting recommendations

Valuation for determining GST on Corporate Guarantee issued by related person