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Dated 14th April, 2020

The taxability dispute on ocean freight has been finally decided by the Gujarat High Court, which held that taxing ocean freight is ultra vires and leads to double-taxation

Clarification with respect to challenges faced by taxpayers in adhering to the compliance requirements under GST1


Issues

Clarification

Advance received by a supplier for service contract which subsequently got cancelled. Supplier has issued invoice before supply of service and paid the GST
  • Credit note to be issued and declare in the return for the month during which such credit note has been issued. Tax liability to be adjusted in the return. There is no need to file a separate refund claim

 

  • Tax payer can claim refund of the excess amount by filing a claim under “Excess payment of tax, if any” where no output liability against which a credit note can be adjusted

Goods supplied by a supplier under cover
of a tax invoice are returned by the
recipient

Advance received by a supplier for service contract which subsequently got cancelled. Supplier has issued receipt voucher and paid the GST on such advance received  
  • Tax payer is required to issue a refund voucher

 

  • The taxpayer can apply for refund of GST paid on such advances under the category “Refund of excess payment of tax”

Clarification with respect to extension of due date of filing LUT for the year 2020-21 for zero rated supplies  till 30.06.2020.

  • Tax payers can continue to make the supply without payment of tax under LUT provided that the FORM GST RFD-11 for 2020-21 is furnished on or before 30.06.2020
  • Taxpayers may quote the reference number of the LUT for the year 2019-20 in the relevant documents. 

Clarification with respect to extension of due date of filing GSTR-7 (i.e. TDS return) along with deposit of tax deducted which falls during the period from 20.03.2020 to 29.06.2020 till 30.06.2020.

  • No interest be leviable if tax deducted is deposited by 30.06.2020

Clarification with respect to extension of the due date for filing refund application under Section 54(1) of the CGST Act which falls during the period from 20.03.2020 to 29.06.2020 till 30.06.2020

Circular No 137/07/2020-GST dated April 13, 20201


Recent Amendments in GST

BT Associates is a premier indirect tax consultant in kolkata, delivering high quality services to client in the area of indirect taxation.GST idea is a unit of BT Associates formed to share knowledge on stakeholders. We cover entire gamut from technical papers to recent development including IT under GST

Recent Amendments in GST
Recent Amendments in GST
Founder Member

Bhaskar Thakkar

Chief Executive officer

BT Associates, India

thakkar@btassociate.com

Twenty years of experience in tax practice. Specialist in structuring & planning and tax optimization under indirect tax. Lead eastern India indirect tax practice of Ernst & Young in past.

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