Monday, 3 June 2019

The Hon'ble Punjab and Haryana High Court has directed respondents to release the goods by furnishing security of immovable property where the petitioner has filed the appeal

Hon'ble Punjab & Haryana High Court in their order dated 31-05-2019, in case of M/s R.R. Enterprises & Another V/s State of Punjab & Others, CWP-28357 of 2018,  has directed the respondents to release the goods and vehicle of the petitioner after furnishing the immovable security within 2 days.  

Further, the amount already deposited while filing the appeal will be deducted from the value of security to be furnished in the form of immovable property. Whereas, in the GST Act, the goods can only be released against the bank guarantee, demand draft or cash payment through portal. Now this important decision has allowed the release of goods against immovable security.

Please find the order dated 31-05-2019:-


Friday, 31 May 2019

Important decision by Hon'ble Punjab and Haryana High Court for release of goods detained in transit

The Hon'ble Punjab and Haryana High Court has given a landmark order in the case of M/s R.R.Enterprises Vs State of Punjab CWP 28357 of 2018 on 31.05.2019 by directing the respondents to release the goods within two days against the security of immovable property for release of goods for the goods detained on the road side checking i.e. goods in transit.

Kindly refer to the following order passed by Hon'ble Punjab & Haryana High Court:


Tuesday, 28 May 2019

Hon'ble Delhi High Court Stayed the Demand of Interest on Gross Liability under the GST Act


As burning issue of interest under GST Act was stayed by Hon'ble Delhi High Court in the case of "M/s Landmark Lifestyle V/s Union of India and others", WPC No. 6055/ 2019, as earlier Hon'ble Telangana High Court has observed that the interest is required to be paid on gross amount liable to pay even without deducting the amount on input tax credit available with the dealer which is required to be set off against the liability. Now, the Hon'ble Delhi High Court has stayed the demand on the similar issue.

Download the judgment passed by Hon'ble Delhi High Court in the case of "M/s Landmark Lifestyle V/s Union of India and others", WPC No. 6055/ 2019

Saturday, 18 May 2019

Important Article on Annual Return Published in TAXMANN Magazine for the year 2017-18 which is required to be filed upto 31st December 2018 now extended to 30th June 2019







INFORMATION REQUIRED FOR FILING ANNUAL RETURN FOR THE YEAR 2017-18 UNDER GST ACT, 2017


  1. Sale and Sales Return with tax details as per Balance sheet
  2. Purchase and Purchase Return with tax details as per Balance sheet
  3. HSN Summary Details Inward/Outward
  4. Reconciliation of GSTR-1 & GSTR-3B
  5. Reconciliation of GSTR-2 & GSTR-3B
  6. Reconciliation of GSTR-2 & GSTR-2A
  7. RCM Detail
  8. Details of ITC reversed and in-eligible ITC for the financial year,
  9. Details of any reversal of Trans-I and Trans-II
  10. Wrong credit avail in this period
  11. C/f Reconciliation with last tax regime
  12. Tax Deposit Details
  13. Exempt, Non-GST & Nil Rated Inward & Outward Details
  14. If any Addition/Deletion in next year (Complete Reconciliation)
  15. Purchase of capital Goods
  16. Sale of Capital Goods
  17. Job Work Activity if any involved
  18. Transportation
  19. Rent
  20. If any Interest Penalty is paid/ due
  21. If the payment to the seller was not made within 6 Month or partial Payment
  22. If any Tax Paid on Advance Payment. 

Wednesday, 17 April 2019

NOTE ON ANNUAL RETURN UNDER THE GST ACT, 2017


As we all are aware that every registered dealer other than input service distributor, casual dealer and non-resident taxable person shall furnish an annual return under section 44 of the GST Act, 2017 for every financial year infact the date for filing the annual return was 31st of December following the end of such financial year which was extended for the financial year 2017-18 to 30.06.2019. Every registered dealer is under an obligation to file the annual return in the prescribed Form GSTR 9 and every Composition Dealer is to submit annual return in Form GSTR 9A.

Audit
If the turnover of the registered dealer is more than Rs. 2 Crore then form-9 is required to be filed under the GST Act and audited report is also to be filed in Form GSTR 9C.

Cancelled Dealer
Even if the registration certificate is cancelled during the financial year even then dealer is under an obligation to file the annual return.

Nil Returns
Even if the dealer has filed the Nil returns during the financial year then also he has to file the Nil annual return for the year.

Due Date for the F.Y. 2017-18
The due date to file the annual return for the period 01.07.2017 to 31.03.2018 is 30.06.2019.

Part Regular Dealer and part Composition Dealer
If during the financial year the dealer has opted composition scheme and for some time of the year as regular dealer then the dealer has to file both GSTR 9 and GSTR 9A form and these forms has to be filed for the same time as the time they have been the composition dealer and regular dealer.

Compulsory filing of GSTR 1 and GSTR 3B
That before filing the annual return the dealer has to file all the GSTR 1 and GSTR 3B for the financial year for which he is filing the annual return. If any return is pending for the F.Y. 2017-18 then the same is required to be filed before filing the annual return.
Consolidated summary of all filed Form GSTR 1 and GSTR 3B for the relevant financial year is available for download in PDF format.
Navigate to services > Returns > Annual Return > Form GSTR 9 (Prepare online) > Download GSTR 3B Summary (PDF) option
Navigate to services > Returns > Annual Return > Form GSTR 9 (Prepare online) > Download GSTR 1 Summary (PDF) option
GSTR-1, GSTR-3B and GSTR-2A Comparison Chart in Excel format is also available after logging in the GST.GOV.IN portal:
Services > Returns > Return Dashboard > Select Financial Year & month > Click on Search > Click on View under Comparison of liability declared and ITC claimed

 More than one GSTIN
That if a dealer has more than 1 GSTIN then he is under obligation to file different annual return for each GSTIN.

Auto Populated Data
That in GSTR 9 few detail will be automatically filled which is called “Auto Populated Data”, the same can be edited at own discretion.

Additional Liability
That additional liability not reported earlier at the time of filing Form GSTR 3B can be declared in Form GSTR 9. The additional liability so declared is required to be paid through Form GST DRC-03.

Unclaimed ITC
No unclaimed ITC can be claimed in the Annual return.

Preview Draft
That the dealer should view the Preview draft before uploading the GSTR 9 as there is no facility to revise the Annual return GSTR 9.

Late Fees for late filing of annual return
Late fees of Rs. 200 per day for late filing of the annual return which can be maximum upto 0.25% of the turnover of the dealer.

Conclusion
Annual return is a return for the entire financial year and same is required to be filed electronically through the portal. Unfortunately the unclaimed ITC cannot be claimed although one has to make the payment of additional liability if any arises while filing the annual return which clearly reflects that one has to clear his liability if any tax is due but cannot claim input tax credit if not claimed earlier.

Download the forms from below links: