MM TAX CLUB

It is informed to all taxpayers that as per Notification No. 26/2022 – Central Tax dated 26th December 2022 two new Table 14A and Table 15A have been introduced in GSTR-1 to capture the amendment details of the supplies made through e-commerce operators (ECO) on which e-commerce operators are liable to collect tax under section 52 or liable to pay tax u/s 9(5) of the CGST Act, 2017. These tables have now been made live on the GST common portal and will be available in GSTR-1/IFF from February 2024 tax period onwards. These amendment tables are relevant for those taxpayers who have reported the supplies in Table 14 or Table 15 in earlier tax periods. Please click here to view the complete advisory on the captioned subject.

A fake Goods and Services Tax (GST) invoice racket, which was used to fraudulently claim a GST input tax credit (ITC) of Rs 25.73 crore, has been busted in Mumbai.

The Investigation Wing of CGST (Central Goods and Services Tax) has also arrested an accused, Kiran Kantharia, in the case.

Following intelligence input, the officials launched a probe against a private company, Hacnup Trading (OPC) Private Limited, and found it to be non-existing. The director of this company, Nilesh B Shah, confessed to the officials that he was involved in the creation of multiple other fake firms that are involved in input tax credit frauds on the instructions of Kiran Kantharia and Manish Shah.

The officials detained Kiran Kantharia, and during interrogation, he admitted the offence of fraudulent tax credits through fake companies on the directions of Manish Shah, the officials said.

The probe revealed that these fake companies have passed on ineligible input tax credit to the tune of Rs 11.02 crore and availed input tax credit of Rs 14.70 crore using fake invoices without the supply of goods or services, officials said.

Kantharia was arrested under the relevant provisions of the CGST Act.

GSTN in its recent tweet updated that, Now, GST payments through UPI & Debit/Credit Cards are available in 15 states/UTs.

Below are the list of states/UTs;

A restaurant in Ghaziabad was fined for imposing an unauthorized 'additional service charge' on a customer from Doon. Siddharth Rawat, who visited 'Crops & Curries' in Sept 2021, was taken aback to see a 10% service charge added to his bill on top of the applicable Goods and Services Tax (GST). Rawat argued against the charge, but the restaurant maintained it was due. Following his complaint, the district consumer commission ruled in favor of Rawat in July 2022, ordering the restaurant to return the Rs 435 charged as a service fee and also pay for Rawat's mental anguish and legal costs. The restaurant's attempt to contest this decision at the state commission was unsuccessful.

The state commission, led by judicial member Kumkum Rani and member B S Manral, confirmed the district commission's judgment, stating that restaurants should not impose a service tax in the current GST regime. They noted that the bill properly included CGST and SGST, rendering the service charge unnecessary. Consequently, the commission mandated the restaurant to issue a refund and awarded Rawat Rs 15,000 in compensation along with 9% interest from the case's initiation date.