CBIC issues clarification to deal with differences in ITC for the period 1-4-2019 to 31-12-2021.
Circular No. 193/05/2023-GST, dated 17-7-2023.
CBIC issues clarification on charging of interest in cases of wrong availment of IGST.
Circular No. 192/04/2023-GST, dated 17-7-2023.
Service tax was not leviable on User Development Fee collected by airport developer from passengers at Airport.
Central GST, Delhi v. Delhi International Airport Ltd. – [2023] 152 taxmann.com 324 (SC).
Hostel accommodation with food is not treated as composite supply if inhabitants can obtain food from other sources.
Mody Education Foundation, In re – [2023] 152 taxmann.com 281 (AAAR – Rajasthan).
Key points from 50th GST Council Meeting dated 11-7-2023:
– Proposal that Casino, Horse Racing and Online Gaming to be taxed at uniform rate of 28% on full face value.
– Proposal to amend Entry 52B in Compensation Cess Notification (22% Compensation Cess) to include all categories of motor vehicles by whatever name called so long as they fulfil three conditions namely length exceeding 4000 mm and engine capacity above 1500 cc and ground clearance (in unladen state) of 170 mm and above.
– Proposal to issue notification of GST Appellate Tribunals by 1-8-2023.
– Proposal to provide exemption for cancer related drugs, medicines for rare diseases and food products for special medical purposes from GST.
– Clarification that supply of food & beverage over the counter in a Cinema Hall to be liable to GST @ 5% (without input tax credit) as supply of restaurant services. Where food & beverage is supplied as a bundled service along with movie ticket, then such supply will be a composite supply, principal supply being movie ticket.
– Proposal to come up with capacity based taxation and special compensation scheme for sin goods such as pan masala, tobacco & other similar items in line with with erstwhile excise regime. Proposal to restrict IGST refund on export of such goods.
– Proposal to issue a circular to clarify ISD mechanism for transfer of common credits, ISD mechanism to be made mandatory prospectively.
– Clarification that GST not payable on FOC replacement of goods by a manufacturer to its dealers for undertaking repairs under warranty arrangement. Manufacturers not to reverse their input tax credit on such FOC replacement.
– Clarification that interest in case of wrong availment and utilisation of IGST is to be computed after taking into consideration credit balances available in electronic credit ledgers under all heads i.e. IGST, CGST and SGST.
– Circular to be issued to clarify refund related issues.
– Circular to be issued to provide clarifications regarding TCS liability in cases where multiple E-commerce Operators are involved in a single supply of goods or services or both.
Govt. includes ‘Goods and Services Tax Network’ under PMLA to enable sharing of data with ED.
Notification No. G.S.R. 491(E), dated 7-7-2023.