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This website contains information about recent changes mainly in GST laws. It also contains Articles on various topic in GST. Please visit the website and read.
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Hi Reader,
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Please find tax updates in Newsletter 20 dated 22.12.2021 as below:
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Index
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GST Notifications
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1) Notification No. 38-Central Tax dated 21.12.2021 is issued by CBIC:
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The aforesaid notification is being published by CBIC to notify 1st January 2022 as the date from which the provisions of sub-rule (2), sub-rule (3), clause (i) of sub-rule (6) and sub-rule (7) of rule 2 of the Central Goods and Services Tax (Eighth Amendment) Rules, 2021 which was issued by Notification No. 35/2021-Central Tax dated on 24.09.2021, shall come into force.
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1) Notification No. 38-CT dated 21.12.2021. Click here
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2) Notification No. 35-CT dated 24.09.2021. Click here
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2) Notification No. 39-Central Tax dated 21.12.2021 is issued by CBIC: This notification is being published by CBIC to hereby appoint the 1st January 2022 as the date on which the provisions of sections 108, 109 and 113 to 122 of the Finance Act, 2021 (13 of 2021) dated 28.03.2021 shall come into effect.
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where, Sec 108 of aforementioned Finance Act provides for amendment in Sec. 7 of CGST Act, 2017 - Scope of Supply. It is provided that the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another.
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Sec. 109 provides for an amendment in Sec. 16(2) (Eligibility to claim ITC) by inserting clause (aa) which provides that the invoices or debit note should have been furnished by the supplier for the recipient to become eligible to claim Input Tax Credit. So w.e.f 01.01.2022 the recipient can claim ITC only when the invoices or debit are appearing in his GSTR-2A.
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1) Notification No. 39-CT dated 21.12.2021. Click here
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2) Finance Act, 2021 (13 of 2021) dated 28.03.2021. Click here
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GST Article
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1) "WORKING FOR GST ANNUAL RETURN - GSTR-9 & 9C" - Authored by Sri Abhishek Raja Ram, CA in Practice.
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GST Laws makes provisions for Annual Return and Reconciliation Statement. These are required to be filed for each Financial Year (April – March) by 31st December of next Financial Year. Read more
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2) "GST Annual Return for F.Y.2020-21 : Due date is 31.12.2021" - The due date to file GST Annual Return for F.Y.2020-21 is 31.12.2021. The requirement of filing annual return is given u/s 44 of CGST Act, 2017 read with rule 80 of CGST Rules, 2017. The substituted rule 80 effective from 01.08.2021 provides for the filing of annual return and a reconciliation statement on a self-certified basis. Read more
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3) "Validity of recovery without SCN or Assessment – No stupidity here !’ ( Part 2)" written by, SHRI SHAILESH P. SHETH, ADVOCATE M/S. SPS LEGAL - the department cannot recover any amount of tax or interest or penalty or any other amount without first issuing a show cause notice to the person concerned as mandated in law. Read more
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4) "GST – Validity of recovery without show cause notice or assessment – I have a target, stupid!” (PART-1)" written by, SHRI SHAILESH P. SHETH, ADVOCATE M/S. SPS LEGAL - Can the department recover the tax on any pretext without issue of the show cause notice? Is a taxpayer compulsorily liable to make the payment on receipt of the Statement in Form GST DRC-01A? Is a taxpayer obliged in law to honour the demand raised by the Audit Officers during the course of audit of the records of the taxpayer? Can the department force a taxpayer to make the payment of tax, etc. during enquiry or investigation? Read more
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5) "ESI/PF liability in Contract Labor of Contractor vis a vis Factory under GST" Authored by K. Srinivasan (IRS) - Is there any GST liability on a Labor contract, on the consideration received inclusive of ESI & PF from the Contractee Factory? And paid by the contractor to concerned Department by recovering the same from his contract Laborers? Read more
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Hope the above updates is of use to you. Please share your feedback at [email protected]
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