DIVISION
TWO 2 Central Goods and Services Tax Act, 2017
Text of the Central Goods and Services Tax Act, 2017
Central Goods and Services Tax (Removal of Difficulties) Order, 2018
Central Goods and Services Tax (Second Removal of Difficulties) Order, 2018
Central Goods and Services Tax (Third Removal of Difficulties) Order, 2018
Central Goods and Services Tax (Fourth Removal of Difficulties) Order, 2018 2.211
Central Goods and Services Tax (Removal of Difficulties) Order, 2019 2.212
Central Goods and Services Tax (Second Removal of Difficulties) Order, 2019 2.214
Central Goods and Services Tax (Third Removal of Difficulties) Order, 2019
Central Goods and Services Tax (Fourth Removal of Difficulties) Order, 2019
Central Goods and Services Tax (Fifth Removal of Difficulties) Order, 2019
Central Goods and Services Tax (Sixth Removal of Difficulties) Order, 2019 2.219
Central Goods and Services Tax (Seventh Removal of Difficulties) Order, 2019 2.220
Central Goods and Services Tax (Eighth Removal of Difficulties) Order, 2019 2.221
Central Goods and Services Tax (Ninth Removal of Difficulties) Order, 2019 2.222
Central Goods and Services Tax (Tenth Removal of Difficulties) Order, 2019 2.224
Central Goods and Services Tax (Removal of Difficulties) Order, 2020 2.225
Relevant Notifications Enforcing provisions of CGST Act, 2017 and amendments thereto 2.227 Text of provisions of Allied Acts referred to in Central Goods and Services
DIVISION THREE
3
DIVISION FOUR
4
DIVISION SIX
Union Territory Goods and Services Tax (Dadra and Nagar Haveli)
Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Service of President and Members) Rules, 2023
Goods and Services Tax Appellate Tribunal (Recruitment, Salary and other Terms and Conditions of Service of Group ‘C’
DIVISION SEVEN
Notifications issued under CGST Act/IGST Act/UTGST Act
DIVISION EIGHT
Case Laws Digest Section Key to Landmark Rulings of Supreme Court/High Courts
Key to Landmark Rulings of Supreme Court/ High Courts
Input Tax Credit (ITC)
4.1 ITC is core provision of GST
Wide definition of input, input services and capital goods
4.1-1 Input Tax
Imports – Basic customs duty and IGST paid at the time of import
Flow of Input Tax Credit
Inter-State procurement - IGST paid by supplier
Taxable Person
Procurement from within State CGST and SGST/UTGST paid by supplier
Taking credit of IGST on imports and inter-State procurement taking credit of CGST and SGST/UTGST paid on procurement within State
Exports and supplies to SEZ-Zero rated No tax paid
Inter-State supply IGST charged
Supply within State/Union Territory - SGST/ UTGST
IGST
SGST/ UTGST
IGST and then CGST and SGST/ UTGST in any order
After full utilisation of IGST credit, utilise CGST credit for payment CGST and if balance left, utilise for IGST
After full utilisation of IGST credit, utilise SGST/UTGST credit for payment of SGST/UTGST and if balance left, utilise for IGST
4.2 Manner of taking input tax credit
4.2-1 Documentary requirements and conditions for claiming input tax credit
Input Tax Credit available if tax invoice contains minimum specified details, even if it does not contain all required details -
ITC eligible only if supplier uploads details of his outward supply in his GSTR-1 and recipient accepts the same vide
No ITC if supplier does not upload his invoice in his GSTR-1 and/or does not appear in GSTR-2B of recipient
Input tax credit available only if supplier of goods and services has deposited the tax with Government
Presently, there is no mechanism by which the recipient of goods or services would know or verify whether supplier has deposited tax with Government.
Proviso
year, except in respect of FY upto 2020-2021
30th day of November
vide
vide
ITC not available if tax invoice issued beyond November of next year
Vishnu Chemicals Ltd. In re -
Debit note with GST can be issued in any subsequent financial year also
Financial year in which the debit note issued is relevant for ITC and not date of underlying invoice
Input Tax Credit on basis of debit note if with GST
ITC in respect of FYs 2017-2018 to 2020-2021 can be taken any time upto 30-112021 Relaxation has been given in respect of period upto FY 2020-21, as followsNotwithstanding anything contained in section 16(4), in respect of an invoice or debit note for supply of goods or services or both pertaining to the Financial Years 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under section 39 which is filed upto the thirtieth day of November, 2021
Input tax credit when GST paid under reverse charge beyond November of next financial year
4.2-3 No Input tax credit if GST was paid by supplier on advance paid to him
4.2-4 No ITC if details of invoices, debit notes etc. appear in GSTR-2B of recipient
i.e. No ITC if supplier does not upload his invoice in his GSTR-1 and/or does not appear in GSTR-2B of recipient
as amended in FORM GSTR-1A if any,
4.2-5 Reversal of ITC if payment was not made by recipient to supplier within 180 days
paid by him along with interest payable under section 50 proviso
vide to supplier proviso
4.3 Requirements for availing Input Tax Credit
ba the details of input tax credit in respect of the said supply communicated to such registered person under section 38 has not been restricted vide vide
Input tax credit available only if supplier of goods and services has deposited the tax with
vide vide
Inputs or capital goods received in instalmentsproviso
No mechanism to know whether supplier of goods or services has paid the tax
Taking input tax credit in respect of inputs sent for job work
4.3-1 Reversal of input tax credit if payment not made to supplier within 180 days proviso proportionate whether wholly or partly proviso or reverse proportionate to the amount not paid to the supplier
Value of supplies made to related person or distinct person without consideration shall be deemed to have been paid by recipientproviso
Amount paid by recipient of goods on behalf of supplier and not added in price charged by supplier in his tax invoice b
Re-credit when payment made to supplier - -
No time limit for Re-availing the credit after payment to supplier
Payment to supplier can be made through book adjustment
Senco Gold Ltd., In re
Issue of credit note means payment received by supplier Shiva Electricals CST Mohd. Ekram Khan CTO
CST Shiva Analyticals
MRF Ltd., In re
MRF Ltd. In re
Santosh Distributors In re
4.3-2 Procedure for Reversal of input tax credit in the case where supplier furnishes details in his GSTR-1 but not in his GSTR-3B (i.e. non-payment of tax by the supplier)
as amended in FORM GSTR-1A if any,
Intimation of ITC to be reversed under rule 37A by GSTN
4.4 Blocked credit - Supply of goods and services ineligible for ITC
b vide in respect of
GST MANUAL WITH GST LAW GUIDE & DIGEST OF LANDMARK RULINGS
AUTHOR
: TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : OCTOBER 2024
EDITION : 22ND EDITION
ISBN NO : 9789364550741
BINDING TYPE : PAPERBACK
DESCRIPTION
This book contains a comprehensive compilation of amended, updated & annotated text of the following GST Acts & Rules:
• Central GST Act & Rules
• Integrated GST Act & Rules
• Union Territory GST Act & Rules
• GST (Compensation to States) Act & & GST Compensation Cess Rules
• GST Settlement of Funds Rules, 2017
What sets it apart is the presentation of the GST Act(s), along with Relevant Rules, Forms, Notifications, Dates of Enforcement, and Allied Laws referred to in the Section. In other words, the Annotation under each Section shows:
• Relevant Rules & Forms (with Action Points)
• Relevant Notifications
• Date of enforcement of provisions
• Allied Laws referred to in the Section
Along with the above, the readers also get a specially curated & comprehensive (380+ pages/25+ topics) Guide to GST Laws and a Section-wise digest of Landmark Rulings under the GST Law
The Present Publication is the 22nd Edition, amended by the Finance (No. 2) Act, 2024 [enforced with effect from 27-9-2024 & 1-11-2024]. It covers Notifications (issued till 10-10-2024) and CGST (Second Amdt.) Rules, 2024 [dated 8-10-2024]. This book is edited by Taxmann's Editorial Board, with the following noteworthy features:
• [Taxmann's series of Bestseller Books] on GST Laws
• [Follows the Six-sigma Approach] to achieve the benchmark of 'zero error'
