As per the latest notification, Zomato, Swiggy, etc. shall be responsible for charging, collecting, and paying GST at the rate of five percent on supply of “restaurant services” made by such restaurant through the e-commerce platform.
The CBIC (Central Board of Indirect Taxes and Customs) has reduced the turnover limit for mandatory issuance of e-invoice (electronic invoice) under the goods and services Tax (GST) to INR 10 Crores. This is likely to be reduced to ₹5 Crores, and eventually to ₹1 Crore in future
The Hon’ble Calcutta High Court vide its order dated 05.05.2022 in W.P.A. 7231 of 2022 with 7232 of 2022 in the matter of Sanchita Kundu & Anr. Vs. The Assistant Commissioner of State Tax, Burao of Investigation, south Bengal & Ors., held that the input tax credit shall be allowed in case of genuine transactions made before the cancellation of GST registration. ITC cannot be denied on genuine transaction with suppliers whose GST registration was cancelled after transaction. The main contention of the petitioners in these writ petitions are that the transactions in question are genuine and valid by relying upon all the supporting relevant documents required under law and contend that petitioners with their due diligence have verified the genuineness and identity of the suppliers in question and more particularly the names of those suppliers as registered taxable person were available at the Government portal showing their registrations as valid and existing at the time of transactions in question and petitioners submit that they have limitation on their part in ascertaining the validity and genuineness of the suppliers in question and they have done whatever possible in this regard and more so, when the names of the suppliers as a registered taxable person were already available with the Government record and in Government portal at the relevant period of transaction, petitioners could not be faulted if the suppliers appeared to be fake later on.
