ArticleGST Article

Mere availment of ineligible self-assessed ITC or non-reply to audit report is not suppression to invoke Section 74 of the CGST Act

The GSTAT, Thiruvananthapuram Bench in M/s. Santhome Latex Enterprises set aside the Order-in-Appeal held that the mere act of taking ineligible self-assessed ITC in the Electronic Credit Ledger, or the mere failure to reply to an audit enquiry or final audit report, does not amount to “suppression of facts” so as to invoke Section 74 of the CGST Act

ArticleGST Article

Annuity for Building a Road is Not Annuity for Access to a Road – GST on Annuity Payments under Concession Agreement Upheld

The Hon’ble Rajasthan High Court, Jodhpur Bench in M/s NagaurMukundgarh Highways Pvt. Ltd. held that annuity payments received by a concessionaire under a concession agreement for design, construction, operation and maintenance of a road are consideration for “works contract services” are not exempt under Entry 23A of Notification No. 12/2017-Central Tax (Rate) dated June 28, 2017.

ArticleGST ArticleGSTAT

Commercial Credit Note does not warrant ITC Reversal by Recipient for non-payment beyond 180 Days

The GSTAT, Bengaluru Bench in Maltown Electricals Private Limited held that where the supplier waives the unpaid balance of consideration through a financial/commercial credit note without reducing the tax charged, the recipient is entitled to retain the full ITC and is not required to reverse the credit under the second proviso to Section 16(2) of the CGST Act.C2928`