Short Description:
ISBN: 978-81-9727-245-5
AUTHOR: Adv. Nitin Sharma, CA. Pooja Garg, & Pranjal Arora
Edition: 2nd edn., 2024
Year: 2024
Pages: 456
Chapter 1
Introduction
Chapter 2
Blueprint of Drafting
1. Blueprint of Efficacious Drafting
2. Drafting for GST Notices
3. Show Cause Notice
4. Checklist before drafting a reply to Show Cause Notice
5. Primary objection to Show Cause Notice
6. Important Note regarding Extension of Limitation During Covid-19 Period
7. Reply to SCN
8. Note regarding the Use of Paper in drafting and pleading
9. Legal Maxims
10. Master Circular on Show Cause Notice, Adjudication and Recovery — reg.
Chapter 3
ITC Related Notices and Draft Replies
1. Draft Reply for GSTR 2A V/S GSTR 3B – Before 09.10.2019
2. Draft Reply for GSTR 2A V/S GSTR 3B – [From 9.10.2019 to 31.12.2021]
3. Draft Reply for GSTR 2A V/S GSTR 3B – [1.1.2022 to 30.09.2022]
4. Draft Reply for reversal of ITC taken on expenses which is obligatory for the employer
5. Draft Reply for Notice issued for reversal of ITC claimed on maintenance of housing colony
6. Draft Reply for DRC01A/DRC01 issued for payment of liability in cash which was reported in the next period and offset with that month’s ITC
7. Draft Reply for issue contained in Notice/Audit para for payment of ITC claimed after time limit of section 16(4)
8. Draft reply for non-reversal of ITC on goods lost in manufacturing process
9. Draft Reply to Issue raised under Audit Para on Sale of Capital Goods
10. Draft Reply on Notice issued for reversal of ITC availed on CSR Activities
11. Draft Reply for non-reversal of ITC availed on the gift to employees more than `50,000
12. Draft reply of notice issued for reversal of RCM ITC on grounds of time barring under Section 16(4)
13. Draft reply on notice issued for the payment of interest on gross tax liability on occasion of late filing of GSTR 3B.
14. Draft reply for SCN denying ITC on rent a cab services u/s 17(5).
15. Draft Reply for ITC disallowed because of retrospective cancellation of registration of Supplier
16. Draft Reply against SCN for Penalty u/s 125 for late filing of GSTR 3B
17. Draft Reply for Reversal of ITC as per Rule 42 on account of sale of MEIS Scrip prior to 05.07.2022
18. Reversal of ITC on exempt supply/NIL Rated outward Supplies as per Rule 42/43
19. Draft Reply for Notice on ITC and Depreciation both taken on Capital Goods
20. Draft Reply on denial of ITC on Import of Goods taken without auto- population of ITC in GSTR 2A/2B
21. Draft Reply for ITC disallowance on account of non-payment of taxes by supplier to the Government
22. Draft Reply on Notice for Reversal of ITC on Debit Note issued prior to 1.1.2021
23. Draft Reply on Notices issued for non-compliance of Rule 86B
24. Draft Reply on ITC blocked u/s 17(5) for goods distributed free of cost under Sales Promotion Scheme
25. Draft reply for denial of IGST ITC pertaining to RCM liability discharged on renting of guesthouse for employees - for the period after 18.07.2022
26. Draft Reply for notice on ITC excess claimed
27. Draft reply of notice of Reversal of ITC availed on Bill to Ship to Model for Services
28. Draft Reply on reversal of ITC as Book Adjustment is not Actual Payment
29. Draft Reply to Notice issued for excess claimed of ITC on account of amendment in credit note by the supplier
30. Draft reply to the notice issued for reversal of ITC of one product which is used for another Taxable Supply
31. Draft Reply on reversal of ITC in absence of E Invoice
32. Draft Reply for notice issued where ITC is used instead of cash for payment of Pre-deposit towards Appeal
33. Draft Reply for ITC in case of Export of Exempted Items
34. Draft Reply for reversal of ITC availed on Dumper/Forklift under section 17(5) of the CGST Act
35. Draft Reply for reversal of ITC on purchase of Demo Car under section 17(5) of the CGST Act
36. Draft reply on Notice received for reversal of ITC on Mobile Phones used by employees
37. ITC has been taken correctly as IGST but the supplier has reported wrongly as CGST & SGST
38. Draft reply for Notice issued for ITC reversal as per Circular 170/02/2022 – GST Dated 06th July, 2022
39. Draft Reply for ITC reversal on Input Service Distributor
40. Draft reply for Non Payment to the supplier within 180 days
41. Draft reply for Notice issued for ITC reversal as per Circular 170/02/2022 – GST Dated 06th July, 2022
42. Draft reply on notice issued for cash payment of wrongly availed ITC of CGST and SGST
43. Draft reply on notice issued for Difference of ITC as per E-Way Bill reports and GSTR 3B
44. Reply for IGST ITC denial in the scenario where Place of Supply is different than recipient’s registered place of business
Chapter 4
Digest of Important Judgments
Chapter 5
Control Chart — Eligible/
Ineligible with Reversal and Blocked ITC
Chapter 6
Internal Control and Reconciliations
A. Reconciliations for Internal Control
1. Reconciliation of GSTR 2B vs Books of accounts
2. Reconciliation between GSTR 2A vs GSTR 2B
3. EWAY Bill vs Inward Supply Reconciliation
4. Reconciliation of electronic Ledger with Books
B. Internal Control for Input Tax Credit after Section 38
1. Section 38(2) of CGST Act
2. Search Taxpayers
1. Show filling Table
2. EWAY Bill History
3. Liability Paid Percentage
4. Show return filling frequency
C. Another internal control for self-scrutiny
1. Tax Liability and ITC Comparison
Reports 1 – Tax liability other than export and reverse charge
Reports 2 – Tax liability due to reverse charge
Reports 3 – Tax liability due to Export and SEZ Supplies
Reports 4 – Input Tax Credit claimed and due (other than import of goods)
Report 5 – Input tax credit calimed and due (import of goods)
Reports 6 – Reverse Charge liability declared and input tax credit claimed thereon
2. Communication between Taxpayers
Chapter 7
FAQ on New Format of GSTR 3B
1. Circular No. 170/02/2022-GST, dated the 6th July, 2022
2. Major changes in the GSTR 3B
3. GSTR 3B – ITC Tables
4. FAQ on reporting in the new format of GSTR 3B
Chapter 8
Accounting Entries and ITC Documentations
B. ITC Documentations
Chapter 9
Relevant CGST Act, Rules and Circulars on ITC
CGST Act — Relevant provisions
Section 2: Definitions
Section 7. Scope of supply
Section 16. Eligibility and conditions for taking input tax credit
Section 17. Apportionment of credit and blocked credits
Section 18. Availability of credit in special circumstances
Section 19. Taking input tax credit in respect of inputs and capital goods sent for job work
Section 20. Manner of distribution of credit by Input Service Distributor
Section 21. Manner of recovery of credit distributed in excess
Section 31. Tax invoice
Section 34. Credit and debit notes
Section 37. Furnishing details of outward supplies
Section 38. Communication of details of inward supplies and input tax credit
Section 39. Furnishing of returns
Section 41. Availment of input tax credit
Section 49A. Utilisation of input tax credit subject to certain conditions
Section 49B. Order of utilisation of input tax credit
Section 50. Interest on delayed payment of tax
Section 73. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any willful-misstatement or suppression of facts
Section 74. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any willful-misstatement or suppression of facts
Section 83. Provisional attachment to protect revenue in certain cases
Section 125. General penalty
Section 140. Transitional arrangements for input tax credit
Section 141. Transitional provisions relating to job work
Section 142. Miscellaneous transitional provisions
Section 143. Job work procedure
CGST Rules — Relevant Rules
Rule 36. Documentary requirements and conditions for claiming input tax credit
Rule 37. Reversal of input tax credit in the case of non-payment of consideration
Rule 38. Claim of credit by a banking company or a financial institution
Rule 39. Procedure for distribution of input tax credit by Input Service Distributor
Rule 40. Manner of claiming credit in special circumstances
Rule 41. Transfer of credit on sale, merger, amalgamation, lease or transfer of a business
Rule 41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory
Rule 42. Manner of determination of input tax credit in respect of inputs or input services and reversal thereof
Rule 43. Manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases
Rule 44. Manner of reversal of credit under special circumstances
Rule 44A. Manner of reversal of credit of Additional duty of Customs in respect of Gold dore bar
Rule 45. Conditions and restrictions in respect of inputs and capital goods sent to the job worker
Rule 59. Form and manner of furnishing details of outward supplies
Rule 61. Form and manner of furnishing of return
Rule 86A. Conditions of use of amount available in electronic credit ledger
Rule 86B. Restrictions on use of amount available in electronic credit ledger
Rule 88A. Order of utilization of input tax credit
Rule 88B. Manner of calculating interest on delayed payment of tax
Circulars
Circular No. 31/05/2018-GST, dated 9-2-2018
Circular No. 92/11/2019-GST, dated 7-3-2019
Circular No. 98/17/2019-GST, dated 23-4-2019
Circular No. 123/42/2019-GST, dated 11-11-2019
Circular No. 133 03/2020-GST, dated 23-3-2020
Circular No. 142/12/2020-GST, dated 9-10-2020
Circular No. 170/02/2022-GST, dated 6-7-2022
Circular No. 171/03/2022-GST, dated 6-7-2022
Circular No. 172/04/2022-GST, dated 6-7-2022
Circular No. 174/06/2022-GST, dated 6-7-2022
Circular No. 175/07/2022-GST, dated 6-7-2022
Circular No. 183/15/2022-GST, dated 27-12-2022
Circular No. 184/16/2022-GST, dated 27-12- 2022
Circular No. 192/04/2023-GST, dated 17-7-2023
Circular No. 193/05/2023-GST, dated 17-7-2023
Circular No. 195/07/2023-GST, dated 17-7-2023
Circular No. 197/09/2023-GST, dated 17-7-2023
Circular No. 199/11/2023-GST, dated 17-7-2023
Press Release
Press Release, dated 4-10-2022
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