Goods and Services Tax

GST Compendium - January 2021

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Due to COVID-19, 2020 was challenging and difficult for the trade and industry, negatively impacting overall growth of the economy. With vaccine on the anvil, 2021 should bring back life to normal. On this positive note, we share our January edition of the GST Compendium.
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The GST revenue collections for December 2020 recorded an all time high of INR 1,15,174 crore, since the implementation of GST. Considering the difficulties faced by the businesses, the due date for filing the annual return for FY 2019-20 has been extended to 28 February 2021.

On the judicial front, the Delhi High Court held that in the absence of any specific provision under the erstwhile service tax law, the ex-director is not vicariously/jointly liable for the service tax dues of the company. The HC observed that the GST provisions are confined to liabilities assessed under GST law only and cannot be used to impose personal liability on directors for company’s dues determined under the service tax law.

In another important ruling, the Maharashtra AAAR held that the society charges collected by the society from its members for providing various facilities and benefits, shall be construed as supply under GST. The AAAR held the judgment of the apex court in case of Calcutta Club Limited shall not apply in the present case.

‘Intermediary services’ is an area prone to disputes and extensive litigation. Our experts have shared their perspective on this subject. Budget is an important annual milestone for the businesses and the government to interact and exchange notes on various policy matters.

Though GST is not part of the Budget, interactions with revenue authorities can be used to convey industry issues and possible resolutions. This edition shares inputs on some of the industry issues. If you have any suggestions and recommendations to be made to the government on any tax policy matters, please write to us at contact@in.gt.com

Wish you a Happy & Prosperous 2021!