Month: May 2021

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The 43rd GST Council meet takeways Key

GST Council Meet

The 43rd GST Council Meeting, Finance Minister Nirmala Sitharaman said the council has decided to exempt IGST on free COVID related supplies upto August 31st 2021. So far the IGST exemption was available only when it was imported free of cost.

The GST Council’s meeting, the first this year, comes at a time when the country is reeling under the second wave of coronavirus infections that have derailed the economics recovery. Though the council is required to meet once every quarter, the last meeting was held in October last year.

Issues that dominated discussion at the 43rd GST council meeting

  1. Council has decided to exempted export of relief items and is being extended till August 31, 2021.
  2. Export of medicine for black fungus, that is Amphotericin B, has also been included into the exempted category.
  3. Import of Covid related Relief items, even if purchase and meant for donating to government or to any relief-agencies upon recommendation for state authority, to be exempted from IGST till August 31, 2021.
  4. FM Nirmala Sitharaman announced Amnesty Scheme to reduced late fee returns. Small taxpayers can file pending returns under this scheme.
  5. A group of Ministers will be quickly formed who will submit their report within 10days on or before june 8, 2021 so that if there are any further reductions which need to be done will be done, in the sense, that rates will be decided by them.

Inverted Tax Structure

The council had extensive talks on inverted talk structure. Inverted duty essentially refers to tax rates on input being higher than those levied on finished products. Several states have said that a course correction is required in the regard, particularly in sectors such as fertiliser, steel utensils, solar panels, tractors, tyres, electrical transformers, pharma, textile, cloth and railway locomotives

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Getting Notice for Reversal of genuinely availed Input Tax Credit? Here’s what to do Next!

Ever received a Notice for the reversal of Input Tax Credit even when you had availed it after paying the amount to the Seller?

Heard of such scenarios and wondering what to do in such cases?

Read the article to know why this is an unfair practice, and you can protect yourself by citing the appropriate rules and documents.

We are sharing a Court Ruling and a Press Release by CBIC that clearly explains the processes.

Understanding the Court Case

The case we discuss is 2021-VIL-308-MAD, IN THE HIGH COURT OF JUDICATURE AT MADRAS.

In this particular case, the buyer had paid the due amount of Tax to the Seller, but the Seller did not deposit the same amount to the Govt.

The buyer availed Input Tax Credit on the said amount, thinking that the Seller has paid the amount, but that was not the case. The Department then made efforts to recover the ITC amount directly from the buyer.

The Court ruled against the order asking for the Tax recovery from the buyer stating the Department’s approach was wrong and that the Department should have initiated action against the Seller.

The Press Release by the CBIC

In a Press Release dated 4th of May, 2018, CBIC clearly talked about No automatic reversal of credit.

The fourth point of the Press Release stated that there shall not be any automatic reversal of input tax credit from buyer on non-payment of Tax by the Seller.

The recovery shall be made from the Seller. However, the authorities do have the power to demand the Tax from the buyer but only in exceptional situations like missing dealer, closure of business by supplier or supplier not having adequate assets etc.

The first approach should always be to demand and collect the Tax from the Seller of goods/services.

But I still face such issues; what to do?

It has been seen in numerous cases that the Department issues a notice directly to the buyer without trying to collect the Tax from the Seller.

If you also face such a situation, you can counter question the Officer about the proper procedure and request the Department to issue the notice to the Seller instead.

But make sure that you do this politely and professionally, as the biggest reasons for litigation and Tax problems are actually the wrong ways of communicating and presenting yourself in front of the Officer.

With the proper citing of the appropriate Court Rulings and Press Releases like the ones we discussed, the complete process of getting the notice reversed becomes way easier!

CBIC Press Release Notifications

Judgements