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?

Guidelines for CGST field formations undertaking investigations to ensure ease of doing business

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

Recommendations by the GST Council in its 52nd meeting held on October 7, 2023

GST on personal guarantee provided by Managing Director of the company

The Explanation to Rule 89(4) cannot apply retrospectively

Stay granted for proceedings initiated post completion of GST audit, for same period

GST Alert – CGST & IGST Amendment Bills

SCN cannot be kept in abeyance and adjudicated beyond a reasonable time

A genuine buyer cannot be deprived of Input Tax Credit and instead recovery action should be taken against the defaulting supplier

ITC is ineligible where there is delay in filing GSTR 3B beyond the time limit prescribed under Section 16(4) of the CGST Act