JIgnesh Kansara

CBIC Circular 212 – A cumbersome remedy?
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Introduction Offering discounts to recipients is an age-old tradition prevalent in the Indian trade system. Further, such discounts can be broadly classified into (a) Pre-Supply discounts (ie. Discounts offered at the time of supply) and (b) Post-Supply discounts. Pre-supply discounts...
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CBIC Circular No.211/5/2024-GST dated 26th June 2024 offers Lifeline to ITC availed on delayed payment of Reverse Charge Liability
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Introduction: Availement of Input Tax Credit (ITC) has always been a contentious issue. Taxpayers would like to avail most of the ITC whereas the department more often than not would like to challenge the availment of ITC. This tug of...
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Likely Impact of Recommendations Proposed in the 50th GST Council Meeting
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Introduction GST Council met for the record 50th time on 11th July 2023 and deliberated upon various issues faced by the taxpayers as well as tax collectors. Press release issued pursuant to the said meeting is available in the public...
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Whether tax deposited by the taxpayer during the GST search is eligible for a Refund?
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  Introduction to Legacy Issue Allegations of overreach by Investigating authorities during Investigation/Search are very common. Many times, the taxpayer/assessee post completion of the search contest such voluntary payments and allege that payments were made owing to extreme/ duress pressure...
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Whether violation of E-way Bill provisions renders interstate movement of demo cars (not for sale) exigible to GST?
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Background The occasion for writing this article arises from the judgment of the Hon’ble High Court of Madhya Pradesh in M/s KIA MOTORS INDIA PVT LTD Vs THE STATE OF MADHYA PRADESH reported in 2023-TIOL-667-HC-MP-GST. This judgment is likely to...
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Retrospective GST Registration Cancellation and ITC Woes of the Recipients
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  Introduction Past few months have seen various overreach of the GST Department. One such overreach relates to retrospective/ab initio cancellation of GST Registration.  Such cancellation may adversely affect the ITC (Input Tax Credit) claim of Bonafide Recipients. In this...
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Cross Charge in GST – The Mystery Continues!
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This paper was also published in GST Review April 2023, a monthly magazine published by the Goods and Services Tax Practioner’s Association of Maharashtra (GSTPAM). Introduction Recent media reports suggest that two giant FMCG companies have paid a substantial amount...
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Supply to SEZ, Authorised Operations, and requirement of Endorsement – A Bundle of Tangle
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Introduction The idea of Special Economic Zones  (SEZ) was conceived to establish specifically delineated duty-free zones where export production could take place free from import and export hindrances. SEZs are deemed Section 53 of the SEZ Act, 2005. international territories...
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Recent NHAI Clarification on GST – Sigh of Relief for Road Contractors
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Introduction to HAM Construction of National Highways (NH) and other infrastructure projects are very much instrumental in the growth of our economy but at the same time, it is a very costly proposition. Realising the needs of the Indian economy...
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GST on Government Services – Long-drawn issues
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Introduction This article Is also published in All India Federation of Tax Practitioner (AIFTP) journal, for the month of September 2021. The concept of GST on Government Services under the Service Tax era as well as GST regime has been...
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