𝗠𝘂𝗺𝗯𝗮𝗶 𝗜𝗧𝗔𝗧: 𝗦𝗾𝘂𝗮𝗿𝗶𝗻𝗴 𝗼𝗳𝗳 𝗹𝗼𝗮𝗻 𝘁𝗿𝗮𝗻𝘀𝗮𝗰𝘁𝗶𝗼𝗻 𝗱𝗼𝗲𝘀 𝗻𝗼𝘁 𝗶𝗻𝘃𝗶𝘁𝗲 𝗽𝗲𝗻𝗮𝗹𝘁𝘆 𝘂𝗻𝗱𝗲𝗿 𝗦.𝟮𝟳𝟭𝗗 / 𝟮𝟳𝟭𝗘

S.269SS and S.269T mandate that transactions in the nature of acceptance/repayment of loan/ deposit etc should be done through account payee cheque or account payee bank draft or use of electronic clearing system through a bank account. Non-adherence of provisions of S.269SS or S.269T invites penalty u/s 271D & E, respectively. However, S.273B provides a safe harbor if such default is because of a reasonable cause.

In its recent judgment Mumbai ITAT has observed, 𝘄𝗵𝗲𝗿𝗲𝗶𝗻 𝗹𝗼𝗮𝗻 𝘁𝗿𝗮𝗻𝘀𝗮𝗰𝘁𝗶𝗼𝗻𝘀 𝗮𝗿𝗲 𝘀𝗾𝘂𝗮𝗿𝗲𝗱 𝗼𝗳𝗳 𝗯𝘆 𝗷𝗼𝘂𝗿𝗻𝗮𝗹 𝗲𝗻𝘁𝗿𝗶𝗲𝘀 𝗶𝗻 𝗮 𝗯𝗮𝗰𝗸𝗱𝗿𝗼𝗽 𝗼𝗳 𝗴𝗲𝗻𝘂𝗶𝗻𝗲 𝗯𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝘁𝗿𝗮𝗻𝘀𝗮𝗰𝘁𝗶𝗼𝗻𝘀, 𝗶𝘁 𝘄𝗼𝘂𝗹𝗱 𝗯𝗲 𝘀𝗮𝗳𝗲 𝘁𝗼 𝗰𝗼𝗻𝗰𝗹𝘂𝗱𝗲 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲𝘀𝗲 𝗲𝗻𝘁𝗿𝗶𝗲𝘀 𝘄𝗲𝗿𝗲 𝗽𝗮𝘀𝘀𝗲𝗱 𝗼𝘂𝘁 𝗼𝗳 𝗯𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝗰𝗼𝗻𝘀𝘁𝗿𝗮𝗶𝗻𝘁𝘀, 𝗲𝘅𝗶𝗴𝗲𝗻𝗰𝗶𝗲𝘀 𝗮𝗻𝗱 𝗮𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝘃𝗲 𝗰𝗼𝗻𝘃𝗲𝗻𝗶𝗲𝗻𝗰𝗲. Such business constraints, exigencies, and administrative convenience 𝘄𝗼𝘂𝗹𝗱 𝗰𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗲 𝗿𝗲𝗮𝘀𝗼𝗻𝗮𝗯𝗹𝗲 𝗰𝗮𝘂𝘀𝗲 𝘄𝗶𝘁𝗵𝗶𝗻 𝘁𝗵𝗲 𝗺𝗲𝗮𝗻𝗶𝗻𝗴 𝗼𝗳 𝗦.𝟮𝟳𝟯𝗕 𝗼𝗳 𝘁𝗵𝗲 𝗔𝗰𝘁 𝗮𝗻𝗱 𝗽𝗲𝗻𝗮𝗹𝘁𝘆 𝘄𝗼𝘂𝗹𝗱 𝗻𝗼𝘁 𝗯𝗲 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝗯𝗹𝗲 𝗶𝗻 𝘀𝗾𝘂𝗮𝗿𝗶𝗻𝗴 𝗼𝗳 𝘁𝗿𝗮𝗻𝘀𝗮𝗰𝘁𝗶𝗼𝗻𝘀.

[ 𝗠/𝘀. 𝗠𝗮𝗰𝗿𝗼𝘁𝗲𝗰𝗵 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗲𝗿𝘀 𝗟𝘁𝗱., 𝗜𝗧𝗔 𝗡𝗼.𝟯𝟬𝟰𝟵 & 𝟰𝟬𝟱𝟰 /𝗠𝘂𝗺/𝟮𝟬𝟭𝟵]

Restrictions on availment of ITC as per GSTR-2A/2B from 1st, January 2022.

Availment of ITC as per GSTR-2A/2B

The taxpayer had been allowed to claim ITC based on the 4 conditions mentioned in section 16.
However, in section 16 of the Central Goods and Services Tax Act, in sub-section (2), after clause (a), CBIC has inserted 5th condition via clause (aa) namely, “the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37”.
Now, this provision will apply from 1st Jan 2022, and 100 percent invoice matching with GSTR 2A will come into place.

On which basis taxpayer used to claim ITC till date?

Till date, taxpayers used to claim ITC based on either of the following two methods –

  • ⦁ Method 1: Claim ITC in return for that period to the extent of appearing
    in GSTR 2A.
  • ⦁ Method 2: Claim Full ITC based on amount appearing in the purchase
    invoice booked.

Now taxpayers will be allowed to take ITC only to the extent of the amount appearing in GSTR 2A.

What are the reasons due to which ITC of the genuine taxpayer can be disallowed because of insertion of the above new clause?

Following are the reasons due to which ITC of the genuine taxpayer can be disallowed:

  • ⦁ Your supplier has not filed GSTR 1 within the due date.
  • ⦁ Your supplier has filed GSTR 1 but mentioned the wrong GST number.
  • ⦁ Your supplier has filed GSTR 1 but mentioned the transaction as B2C instead of B2B.
  • ⦁ Many more reasons which are not in control of taxpayer.

What action department can take if any taxpayer claims ITC in excess of appearing in GSTR 2A?

⦁ The GST department has already started issuing a notice in the Form of ASMT 10 for FY 2017-18 and FY 2018-19 against the dealer who has claimed excess ITC than that appearing in GSTR 2A / Table 8 of GSTR 9. Such notices have been sent to all dealers by mail and are also available on the GST portal. The notice needs to be replied to, otherwise, the GST department can recover the tax along with interest and penalty.

What care should be taken by the taxpayer?

⦁ Now it is the responsibility of every taxpayer to check whether the supplier is filling GSTR 1 accurately and in a timely manner and after the auto-population of GSTR 2A of the following month the taxpayer shall reconcile ITC on purchases accounted in books with ITC reflected in GSTR 2A. If the same is not reflected in GSTR-2A, then a follow-up must be taken by the taxpayer with the supplier so that the same can be availed by the taxpayer.

Our previous article on the same issue – https://akhilamitassociates.com/blog/only-itc-reflecting-in-gstr-2b-gst-returns-can-be-claimed-from-01-01-2022-best-gst-ca-in/

GST for restaurants selling online

E-Commerce Operators liable to pay GST on Restaurant Services W.E.F. 01-01-2022:-

The GST Council, in its 45th meeting held on 17th September 2021, recommended notifying *Restaurant Service* under section 9(5) of the CGST Act, 2017. Accordingly, to effectuate this recommendation, *Notification No. 17/2021 (CTR)* dated 18.11.2021 has been issued, and now a separate clarification vide *Circular No. 167 / 23 /2021–GST*, dated: 17-12-2021, also has been issued to the extent that the e-commerce operators (ECO) are liable to pay GST on restaurant services.

So, the scenario is as ‘restaurant service’ has been notified under section 9(5) of the CGST Act, 2017, *the ECO shall be liable to pay GST* on restaurant services provided, with effect from the *1 January 2022*, through ECO. The ECOs will *no longer be required to collect TCS* and file GSTR 8 in respect of restaurant services on which it pays tax in terms of section 9(5). On other goods or services supplied through ECO, which are *not notified u/s 9(5)*, ECOs *will continue to pay TCS* in terms of section 52 of CGST Act, 2017 in the same manner at present. As ECOs are already registered under rule 8(in Form GST-REG 01) of the CGST Rules, 2017 (as a supplier of their own goods or services), there would be *no mandatory requirement of taking separate registration* by ECOs for payment of tax on restaurant service under section 9 (5) of the CGST Act, 2017.

The aggregate turnover of a person supplying restaurant service through ECOs shall be computed as defined in section 2(6) of the CGST Act, 2017, and shall include the aggregate value of supplies made by the restaurant through ECOs. Accordingly, for threshold consideration or any other purpose in the Act, *the person providing restaurant service through ECO shall account for such services in his aggregate turnover*.

It may also be noted that on restaurant service, ECO *shall pay the entire GST liability in cash*. No ITC could be utilized for payment of GST on restaurant service supplied through ECO. ECOs provide their *own services as an electronic platform and an intermediary* for which it would acquire inputs/input service on which ECOs avail input tax credit (ITC).

The ECO charges commission/fee etc. for the services it provides. The ITC is utilized by ECO for payment of GST on services provided by ECO on its own account (say, to a restaurant). The situation in this regard remains unchanged even after ECO is made liable to pay tax on restaurant service. ECO would be eligible to ITC as before. Accordingly, ECO *shall not be required to reverse ITC on account of restaurant services* on which it pays GST in terms of section 9(5) of the Act. Well!!! These clarifications issued well ahead of the date of implementation will go a long way in a correct understanding of the legislative requirements and compliance of the same.

Indian Stock Market Performance in 2021 – Investment Planning, Retirement Planning, Estate Planning & Tax Planning

Investment Planning, Retirement Planning, Estate Planning & Tax Planning – Indian Stock Market Performance in 2021 – Throwback

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  • ⦁ Performance of Indices in 2020.
  • ⦁ Top Stocks in Nifty 50 – Top Gainers & Losers in 2020.
  • ⦁ Top Gainer and Loser in Nifty Mid Cap and Small Cap.

Only ITC Reflecting in GSTR-2B (GST Returns) can be claimed from 01-01-2022.

First: – Section 16(2)(aa) notified from 1 Jan 2022

(aa) the details of the invoice or debit note referred to in clause (a) have been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37.

It means from 1 Jan 2022 Input available only as when as come in GSTR-2B

Effects of New Sub-clause 16(2)(aa)
• ITC cannot be availed beyond GSTR-2B.
• No concept of Provisional Credit.
• If GSTR-1 is filled by the supplier beyond the cutoff date, then ITC will not be available in the same month.

In simple language, we can claim only that amount of ITC in GST Returns, which is reflected in GSTR-2B.

Documents Required for filing Income Tax Returns of Salaried Individual in India

Key Docs Required for filing Income Tax Returns of Salaried Individual –

  • ⦁ Form 16 – Issued by the employer.
  • ⦁ Income Tax Login Details – Required to upload the return and check form 26AS for any other income and its correctness.
  • ⦁ In case home loan is taken from a bank or financial institution, then a housing loan interest statement is required.
  • ⦁ In case trading/investment is made in shares or mutual funds, then – Profit and loss statement for the year or capital gain report (used by some broker) is required.
  • ⦁ Details of NSC / KVP or any other investment made under section 80C – It includes any life insurance premium,, any Tax saver FDs, Public Provident Fund, etc.
  • ⦁ Form 16A is issued by banks in case there is a Fixed Deposit.
  • Health insurance premium receipts.
  • Investment details in NPS.

Other than this, some case-specific documents include –

  • ⦁ In case a property is sold, then a sale deed & purchase deed is required for tax calculations.
  • ⦁ Currency / Commodity trading P&L.
  • ⦁ Future & Options Trading P&L.
  • ⦁ Rental Income – Rent Agreement is advised in this case.

We at Akhil Amit And Associates provide quality services related to tax filing, which involves guiding clients on tax planning activities (legal ways) and helping them declare all their incomes so that they do not end up getting notices from the income tax department. Want to know more about Income Tax Services – Click here.

Documents Required & Process Involved In – RERA Registration – Maharashtra

Documents Required for – RERA Registration –

Below mentioned are the docs required for – RERA Registration – In Maharashtra.

⦁ Passport Size Photograph.

⦁ Aadhar Card of the individual.

⦁ Pan Card of the individual.

⦁ Email ID and Mobile Number of the agent.

⦁ Rubber Stamp in the individual’s name with a real estate agent or broker written as the designation.

⦁ Electricity Bill in the individual’s name / Telephone bill in the name of the individual / Rent Agreement in the individual’s name / Lease Deed in the individual’s name.

⦁ ITR Copy of last 3 Financial Year / If you were not liable for filing ITR as per Income Tax Act, then a declaration is required to be given.

⦁ A sample copy of the acknowledgment receipt would be given to the customers.

⦁ A declaration to the effect that no criminal case is pending against an individual, in case any case is pending declaration is required.

⦁ A sample copy of the letterhead and rubber stamp which the agent will use in the future.

⦁ Government fees of Rs. 10,590/- has to be paid at the time of registration.

Note – All the documents listed above have to be self-certified and they should affix the stamp on them.

Website for obtaining registration in the state of Maharashtra is – https://maharerait.mahaonline.gov.in/Login/Login

Process Involved after uploading the docs –

⦁ Once the fees are paid, the form is assigned to an officer.

⦁ Officer then generally, within 7 working days scrutinizes the applications.

⦁ In case he has a query, they send the communication on the email id of the agent.

⦁ After the query is resolved, the certificate is sent to the email id.

⦁ In case email is not received, someone can also download the certificate from the maharera portal.

Kindly contact us on 9823120925/8918900780 for RERA Registration or any compliances related to RERA.

Attention: File GSTR-9 & 9C before 31/12/2021 to avoid Late fees.

Applicability of GSTR 9 & 9C –

⦁ GSTR-9 is optional for taxpayers with a turnover of up to Rs.2 crore.

⦁ GSTR-9 is required to be compulsorily filled by the taxpayers with a turnover of more than Rs.2 crore but less than or equal to Rs.5 crore for the FY 2020-21.

⦁ Taxpayers with a turnover exceeding Rs. 5 crores in the previous financial year are required to file Form GSTR-9 & 9C on a self-certification basis compulsorily by 31st Dec 2021.

Note – Verification table by CA/CMA in Part B of Form GSTR-9C has been deleted. Now, only verification by the registered person is required in GSTR-9C for applicable registered taxpayers. This change applies from FY-2020-21 onwards.

Consequences of not filing GSTR 9 and 9C before 31st December 2021 –

A registered person failing to furnish the GSTR-9 by the due date shall be liable to pay a late fee of INR 200 (INR 100 for CGST and SGST each) every day during which such failure continues subject to a maximum of an amount calculated at a half percent of his turnover in the State or Union territory. Further, while calculating maximum late fee, ‘turnover in State’ or ‘turnover in Union territory’ should be taken into consideration.

What are the things which need to be kept in mind GSTR-9 & 9C return before 31st December 2021?

⦁ The taxpayer would have the “option” to report taxable outward supplies net of debit and credit notes and amendments made under table 4A to 4G in GSTR-9 instead of reporting separately under table 4I to 4L.

⦁ The taxpayer is mandatorily required to report values of Export (5A) and SEZ (5B) supplies without payment of tax, supplies on which tax is to be paid by the recipient on a reverse charge basis (5C) separately.

⦁ The taxpayer would have the “option” to report exempt (5D), Nil rated (5E), Non-GST (5F) supplies cumulatively under table 5D if bifurcation of such supplies is not available.

⦁ The taxpayer would have the “option” to report taxable outward supplies net of debit and credit notes and amendments made under table 5A to 5F in GSTR-9 instead of reporting separately under table 5H to 5K.

⦁ The taxpayer is mandatorily required to report the details of ITC on capital goods separately. However, details of ITC on inputs and input services can be reported on a merged basis under the head ‘Inputs’ under Tables 6B & 6E.

⦁ The taxpayer would have the “option” to report the details of ITC on capital goods separately. However, details of ITC on inputs and input services can be reported on a merged basis under the head ‘Inputs’ under table 6C. Further, the details of Table 6C can be reported on a merged basis in Table 6D.

⦁ The taxpayer would have the “option” to report the accumulated amount of reversal from 7A to 7E can be filled in 7H, i.e., in ‘Other reversal’, but the reversal of transitional credit fields is mandatory.

⦁ Ideally, the value of Table 8D should be positive & if it is positive, then the total of 8E and 8F shall be equal to 8D.

⦁ Further other details of refund claimed during the year including sanctioned, rejected, or the pending amount & HSN Wise Summary of outward supplies and HSN Wise Summary of Inward supplies are optional.

Disclaimer – The above information is just a view of the author and should not be taken as legal advice. For Information and Education Purpose.

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