Geocoding functionality for principle place of business address is now live for State and Union Territories.
GSTN Advisory
Sec. 16 – CGST Act – Where supplier committed default in reporting entries with respect to purchase made by assessee in e-auction and it was admitted by supplier that payment for such purchase including GST value was received from assessee, since it is a settled law that no one can be made to suffer from fault of another, petition was allowed and assessee was entitled to get refund from the department.
Agrawal & Brothers v. UoI – [2023] 152 taxmann.com 111 (Madhya Pradesh).
Since Club House and other common amenities are provided as a service with no transfer of title to land or buildings, hence would not be governed under Entry 5 of Schedule III of CGST Act, therefore, it forms a separate supply liable to tax; Since consideration towards plot area is covered under Entry 5 of Schedule III, GST is not liable to be paid; Since amount collected on account of basic infrastructure development charges only increases the value of land (plot) on which residential apartment is made, hence it does not form a separate supply, and therefore, not chargeable to GST; Only service of access to club house and common amenities is considered a supply, therefore, value proportionate to club house and common amenities are applicable to GST where consideration collected for all i.e. sale of plot, IDC and Other amenities, are taken as consolidated price.
Godrej Properties Ltd., In re – [2023] 152 taxmann.com 83 (AAR – KARNATAKA).
Sec. 74 of CGST Act – Initiation of proceedings u/s 74 without scrutiny of returns u/s 61 is valid since section 73 & 74 are not controlled by section 61 as reference to the same is absent in law. Further, section 74 uses ‘where it appears’ conferring wide scope as information may be from any credible source.
Devi Traders v. State of Andhra Pradesh – [2023] 152 taxmann.com 22 (Andhra Pradesh).
Unless there is prior agreement and correlation between post-supply discounts and relevant invoices, assessee is not required to reverse input tax credit provided that assessee pays value of supply as reduced after adjustment of post-sale discount plus original tax charged by supplier.
Vedmutha Electricals India (P.) Ltd., in re – [2023] 152 taxmann.com 7 (AAR – ANDHRA PRADESH).
New online compliance pertaining to liability/difference in GSTR – 1 and GSTR – 3B.
GSTN Update dated 29-6-2023.