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(GST) 03 Class Notes

Gst

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0% found this document useful (0 votes)
32 views20 pages

(GST) 03 Class Notes

Gst

Uploaded by

sohamumbarkar03
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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GST

Lecture - 03
CA Jasmeet Singh
Topics
1. Registration
2. E-way Bill
3. Returns Under GST
4. Payment Of Tax
5. Tax Invoice/Dr. Note/Cr. Note\
6. Accounts & Records
CA Jasmeet Singh 1

REGISTRATION UNDER GST


As per Charging Section of GST "Taxes Shall be collected & paid by taxable Person"
• Taxable Person
➢ Any Person who is Registered or liable to Register
➢ Hence even
✓ Unregistered person is also a taxable Person if → liable to Register
✓ Voluntary Registered person shall also be a taxable person even not liable
• Who is liable to Register
➢ Sec-22 - Person liable for Registration
➢ Sec-24- Person liable for Registration Compulsorily

Section 22 Person liable for Registration

1. Every Supplier of Goods / Services obtain Registration


➢ State from where taxable Supplies are made
➢ If Aggregate T/o Exceed Specified limit in a financial year

2. Aggregate Turnover:– On all India basis of Person having Same PAN. It Includes
Taxable Supply
Exempt Supply
Export of Goods & Services
Supply to DP having the same PAN
➢ Excludes
• Inward Supplies under RCM Supply
• Taxes including cess under GST

3. Specified limits of Aggregate T/o for Registration


States Limit Limit
Exclusive supply Otherwise
Of Goods
(i) Manipur / Mizoram / Nagaland / Tripura 10 Lac 10 Lac
(MMT-N)
(ii) Arunachal Pradesh / Meghalaya / Sikkim 20 Lac 20 Lac
/ Uttarakhand / Puducherry / Telangana
(Arun-STUMP)
(iii) Other States 40 Lac 20 Lac
Notes
• Person Considered making only Supply of Goods even supply of Services Provided
by way of Interest/Discount
CA Jasmeet Singh 2

• 40 Lac threshold not available if Person is engaged in making Supplies of following


items
✓ Edible Ice/Ice Cream
✓ PAN masala/Tobacco Products/Substitutes
✓ Fly Ash bricks / Building bricks/ fossil meal bricks/ Earthing roofing tiles
• If Operating from more than one state including Specified State then lower
threshold limit shall be applicable. However if person is engaged in making
exempt supplies from specified state, then lower threshold shall not be applicable
• Registration required to be taken only from state from where taxable Supplies are
made.

Section 24 Compulsory Registration

Compulsory registration is required in following cases even if Turnover doesn’t exceed the
threshold:
(i) Person making Inter State taxable Supply of Goods
Except: limit of 10 lac/20Lac available for Notified Handicraft goods & Handmade
goods Interstate Supply
(ii) Casual taxable Person making taxable Supply
Except: Limit of 10 Lac/2oLac available for Notified Handicraft goods & Handmade
goods Interstate Supply
(iii) Person liable to Pay tax Under RCM (Inward Supplies)
(iv) Non-Resident taxable Person
(v) Eco Required to Collect TCS U/s 52 or liable to pay tax u/s 9(5)
(vi) Person Supplying inter state goods through ECO. (Sec.22 shall be applicable where
person make Intra state supply of goods through ECO)
(vii) Person Required to deduct TDS u/s 51
(viii) Person acting as an agent for taxable Person

Section 23 Person not liable for Registration

(i) Person engaged Exclusively in non-taxable & Exempt Supply


(ii) Agriculturist, to extent Supply of Produce from Cultivation of land
(iii)Person making only RCM Supplies (outward Supplies)
(iv) Person making Inter State Supply of Services upto 20 lac/ 10 lac
(v) Person / CTP making Inter State Supply of notified Handicraft/Handmade goods upto
20 Lac / 10 lac. Provided Person must have PAN & generated E-way bill.
(vi) Person making Supplies Services through ECO (other than Sec-9(5)) with Aggregate
T/o Upto 20 Lac
CA Jasmeet Singh 3

Special Points– Registration


• GSTIN- Unique No. in GST to identify tax payer as pan in Income Tax
State Code PAN Entity Code Check

• Registration required state wise-not a centralized one.


• More than 1 place in single state then person has option either to take:
a) Separate registration
b) Single registration
• PAN is mandatory for Registration except NRTP can get passport based
Registration
• If one unit in SEZ & another in non SEZ area in Same state then Separate
Registration is Required
• When to apply for Registration
Person Liable to Register Under Section Within 30 days from date of become
22/24 liable to register
Casual taxable Person (CTP) / Non At least 5 days prior to commencement
Resident taxable person of Business

Effective Date of Registration

Liable to Register Voluntary Register



Date of which certificate of
Registration granted
Applied within 30 Not applied
days from liable within 30 days
to Register 
 Date on which
Date on which certificate of
liable to Register Registration
granted

Effective Date of Registration


CA Jasmeet Singh 4

Procedure of Registration
Declare PAN, Mobile no., Email, state/UT in Part A of GST REG – 01

PAN Validation: From CBDT Database & OTP Based Validation
Mobile no & Email : OTP Based Validation

Temporary Reference no. Generated (TRN)

Use TRN to fill Part B & Provide Specific Documents & Aadhar authentication
Using CTP – Additionally deposit Advance Tax

Acknowledgment generated & application forwarded to proper officer

Note:
Details to be Provided in Part B Includes Bank A/c details. However bank A/c details can be
provided within
a) 30 days from Date of Grant of Registration
b) before filing of GSTR- 1/ IFF – whichever is earlier
If such RP fails to furnish bank details within the time prescribed above then his registration
shall be stand suspended and suspension shall be automatically revoked when valid bank
details are furnished.
However Following Person is required to provide Bank Details at the time of registration
a) TDS deduction
b) TCS Collector
c) Dept Driven Registration
CA Jasmeet Singh 5

Registration

Application + AA opted Application + AA not opted

AA successfully Done AA failed to do D ate of Application Date of application


15 day from date
within 15 dats within 15 days of application date of submission

No deficiency in Deficiency in No deficiency in Deficiency in


Application Application Application Application

Grant Registration Notice within 7 Physical examination Notice within 30 day


within 7 working working days of place of Business from application
days [If not deemed calcification by or Clarification by
Registered from applicant within Verification of such applicant within
7th day] 7 days for notice Doc Grant registration 7 working days
with in 30 days

P.O. Satisfied P.O. Not Satisfied If not, considered P.O. Satisfied P.O. Not Satisfied
demed Reg. from
Grant Reg. within 7 Rejected
Grant Reg. within 7 Rejected 30th day of
working day
working day application

[Otherwise considered registered


from 7th working day]

Registration certificate to be issued in form GST REG – 06 showing Principal & Additional
place of business.
Aadhar Authentication:
Taxable Person applicant Aadhar Authentication of
Individual Himself
Other than Individual Karta/MD/WTD/Partner/Board of trustee
& Authorized Signatory

Special Provisions Related to CTP/NRTP:

CTP NRTP
A Person who occasionally undertake A Person who occasionally undertake
transaction transaction
• In state / UT where he has no PoB But no fixed POB or Residence in India
• In course or furtherance of Business
CA Jasmeet Singh 6

Registration: Registration:
Compulsory Registration U/s 24 Compulsory Registration u/s 24
Form REG -01 Form REG – 09
PAN required Passport Required
Registration 5 Days before comment of Registration 5 Days before comment of
Business Business
Composition Scheme → Not available Composition Scheme → Not available
ITC on Input/Services/Capital Goods available ITC only on Imported Goods
Required to submit Advance tax at time of submitting application

Registration Valid for:


a)Period for which reg is seek
OR
b) 90 Days
(Further extendable by 90 days)

Section 28 - Amendment of Registration

a) Non-core fields: Email Id, Mobile no, Authorised Signatory etc


b) Core fields:
• Legal Name of Business
• Address of Principal/Additional Place of Business
• Addition /Detection in main patterner/ Karta/MD/BOD etc
c) Submit application within 15 days from change
i. For Core Areas on GST common Portal. PO may permit Amendment within 15 days from
application
ii. For Non-Core areas, Amendment to be made on GST Portal without permission of PO
by doing OTP verification
d) Amended Registration Certificate granted
e) If there is change in the constitution (i.e. change in PAN) or change in state then existing
registration shall be cancelled and new registration has to be taken.

Cancellation of Registration

1. Voluntary Cancellation (By registered Person)


Circumstance to cancel Registration (Apply within 30 days)
a) Business Discontinued / Transferred / Armed Granted / Merger / Demerger /
Disposal / Death of properties
b) Change in Constitution of Business
c) No Longer liable to register u/s 22 or 24
d) Opt out of voluntary Registeration
CA Jasmeet Singh 7

2. Circumstance when POcancel Registration:


a) Registration obtained by Means of Fraud/willful misstatement/supersession of
facts
b) Voluntary Registration person not commenced business within 6 months from
Registration
c) Not File return by composition supplier beyond 3 months from due date.
d) Not file return by normal supplier
i) Monthly Return - For continuous 6 months
ii) Quarterly return - For 2 tax periods
e) If contravened following Provisions:
i) Doesn’t conduct Business from Registered place
ii) Violate Provision of anti-Profiteering
iii) Doesn’t Provide Bank A/c details within time
iv) Issue Invoice / Bill without supply of Goods & Sources
v) Avail ITC in Violence of Act
vi) Violates rule 86 B (Maximum ITC allowed 99%)

Suspension of Registration

1. While Pendency of cancellation proceeding, registration shall be suspended. Suspension


shall come into force as follows:
Scenario Effective Date of Suspension
Registered Person applied for cancellation Date of Submission or
Date from which cancellation Sought
- Whichever is later
PO cancelling registration Sou-Moto Date determined by Proper officer

2. While registration suspended, such person shall not allowed to:


a) make taxable supply (i.e. shall not issue Tax invoice)
b) Shall not furnish any return
3. On completion of cancellation proceedings, suspension shall be revoked with effect
from suspension date (Provision of revised tax invoice & first return applicable)
CA Jasmeet Singh 8

Procedure for Revocation of Cancellation (By Dept)

Apply within 90 days from order of cancellation


(can be extended – 180 day by AC/JC )

If PO is satisfied with the application then

Revoke Cancellation Within 30 days of application.

Otherwise issue SCN

Satisfied with Reply then revoke cancellation otherwise reject the application

UIN – Unique Identification Number

1. Who shall apply:


• Specialized Agency of UN or any financial institution of UN
• Consulate
• Embassies

2. Purpose- To obtain refund of tax paid on Supplies of GIS supplied to them

Note:
• It is Centralized number not state wise
• UIN Holder not registered person hence not taxable
CA Jasmeet Singh 1

E-WAY BILL
1. Background
• In normal sense way bill is a receipt or document by carrier giving details of
shipment including details of consignor / consignee and origin / destination.
• E-way bill is a electronic document generated on GST portal to intimate the govt
regarding movement of goods.
• E-way bill is generated before the commencement of movement of goods.
• E-way bill is generated in form GST-EWB-01 on common portal.

2. When E-way Bill needs to be Generated


• Every registered person who cause movement of goods, where consignment value
exceeds 50,000/- [Including GST excluding exempt supply]
➢ In relation to supply.
➢ For reason other than supply.
➢ Inward supply from unregistered person.
• E-way bill required compulsory irrespective of consignment value.
➢ Inter state transfer of Goods by Principal to Job worker.
➢ Inter state transfer of handicraft goods by person exempt from obtaining
registration.

3. Who Will Generate E-Way Bill


Part Details Person Responsible
Part-A Details of Goods Person causing movement
supplied GSTIN of • Reg. Supplier & undertake transport→
supplier & recipient, Supplier.
place of dispatch & • If recipient arranges transport –
delivery, doc no., date, Recipients.
value etc. • Unregistered supplier to registered
recipient – Recipients.
• Transporter, E-commerce, courier agency,
if authorized by consignor.
Part B Transporter details, • In case transport through road by
Transport Doc no. transporter→Transporter
Vehicle No. • Transport in own conveyance/hired
conveyance/ public transport→ Person
causing movement
• Transport through
• rail/air/vessel→Person causing movement
CA Jasmeet Singh 2

In case Bill to Ship to Model


As there are 2 supplies involved but single movement of goods involved. Single E-way
bill need to be generated in such case. Supplier or intermediate supplier can generate
E-way bill.

❖ Normally E-way bill valid only if Part-B is filled.


Exception
Goods transported for distance upto 50 km within State/UT.
➢ Consignor place to transport place.
➢ Transporter place to consignee place.

4. Process of E-way bill Generation


Part A filled with consignor / consignee [slip generated and temporary no. generated].

Part-B – Transporter / supplier fill details.

Generation of E-way bill.
Transportater needs to take enrollment on e-way bill portal if unregistered called
transporter ID (similar to GSTIN). However, if transporter is registered and registered
in more than 1 state then he may for unique enrollment number by submitting details
of All GSTIN.

5. Validity period of E-way bill.


Transportation Through Validity Period
Normal Cargo 1 Day for every 200 km or part thereof
In case of over dimension cargo 1 Day For every 20 km or part thereof
or multimodel shipment in which
atleast one leg involves transport
by ships
Note: Date of E-way bill generation period shall be counted from mid-night day on
which bill generated.
i.e. E-way bill generated 2.00 pm of 19th april for Journey of 500 km so validity would
be 3 days, from 12.00 am of 19-20 april that is 12.00 am of 22-23 April.

6. Transfer / Extension / Cancellation


• In case of transfer of goods from one conveyance to another.
Person making movement / transporter can update conveyance details in Part-B (any
no. of times).
• E-way bill can’t be edited / modified it can be cancelled.
• Cancellation of E-way bill.
Goods not transported or not transported as per details.
E-way bill can be cancelled within 24 hours of generation.
CA Jasmeet Singh 3

7. Blocking of E-way Bill


Following person can be blocked from generating E-way bill (as a supplier) [No
registration on inward supplies].
• Composition tax Payer not furnished statement for 2 consecutive quarter.
• Regular tax payer not furnished return for 2 tax periods.
• Regular tax payer not furnished GSRT-I for 2 consecutive month / quarter.
• Whose registration suspended.
Commissioner may allow generating E-way bill.

8. Situation where E-way bill not required


i) Transport of specified goods.
➢ LNG for supply.
➢ Kerosene oil for PDS.
➢ Postal baggage by postal department.
➢ Pearls, semi precious, precious stones.
➢ Jewelry gold / silver smith except imitation jewelry
➢ Currency
➢ Used personal / household effect
➢ Coral – worked / unworked
ii) Transport on non-motioned vehicle.
iii) Goods transported except from GST
iv) Alcoholic liquor for human consumption, 5 petroleum product.
v) Goods transported to \ form Nepal \ Bhutan.
vi) No supply item under schedule-III.
vii) Movement of goods by Defence Ministry.
viii) CG \ SG \ LA for transport of goods by rail.
ix) Empty cargo container.
x) Empty cylinder for packing LNG other than supply
xi) Goods transported within 20 km from weight.
xii) Good transportation
➢ From custom part / airport to ICD / CFS.
➢ ICD / CFS to port / airport / custom start on.
CA Jasmeet Singh 1

Accounts & Records


Accounts & Records to be maintained by various person

Accounts & Records To Be maintained

The Following items of true & correct accounts shall be maintained


Production or manufacture of Goods
Inward Supply of Goods / Services
outward Supply of Goods / Services
Stock of Goods Following items not required to be maintained by
Input tax Credit composition taxpayer
Output tax payable & paid

Accounts to be maintained by specific person

Person Records to be maintained


Manufacturer monthly Production A/C Showing Quantitative Details of Inputs
used & Quantitative Details of Goods Produced Including Waste
Service Provider Quantitative Details of Goods used in Provision of Service Including
Input Services utilised s Supplied
Agent ➢ Authorisation Received by him from each Principal to Receive /
supply goods
➢ Particulars Including Description, Value, Quantity of Goods
Received / Supplied on Behalf of Principal
➢ Details of Accounts Statement Issued to Principal
➢ Tax Paid on Reciept/ Supply of Goods/services on behalf of
Principal
Work contractor ➢ name & address of person on whose behalf work executed
➢ details of goods received i.e. description, quantity, value
CA Jasmeet Singh 2

➢ Details of goods/sevice utilized i.e. description/ quantity/value


➢ Details of payment received
➢ Name & address of supplier from whom goods/services have
been received.
Godown| ➢ Book of accounts for period during which goods remained in
warehouse| owner| warehouse including dispatch, receipt movement, disposal
transporter ➢ Records of goods transport, delivered & goods stored along
operator with GSTIN of consignor & consignee
➢ if transporter / warehouse owner/ operator is not already
registered, still have to keep records
➢ Obtain unique Enrollment no.
Custodian/ clearing ➢ Detail of goods handled on behalf of registered person and
and forwarding ➢ Provide details whenever registered by proper office
agent

Manner of maintaining Accounts & Records

• Books can be stored in electronic mode as well as authenticated through digital


signature
• Proper backup should be maintained in case destruction of records
• Records should not be erased/overwritten
• Audit trails to be maintained for any change or edit in data

Period of Retention of Records


• 72 months from due date of annual rectum of F.V. to which records relates
• If Registered person is subjected to any appeal / Proceeding/court case etc. till:-
➢ 1 year from disposal of Such appeal | proceeding | case or
➢ 72 month from Due date of Annual Rectum
Whichever is Later
CA Jasmeet Singh 1

Tax Invoice / Dr. Note /Cr. Note


1. Time Limit for Issue of Invoice – Time of Supply Chapter
2. HSN Code – Code Used to Identify Goods / Services (8 Digit Code)
Supplies T/o in Preceding FY No. of Digit to mention on
Invoice of HSN code
Aggregate Turnover  5 crore B2C Supply – 4 Digit
B2C Supply – 4 Digit (Optional)
Aggregate Turnover > 5 crore 6 Digit

3. No. of Copies of Invoices/Delivery Challan to be issued

Taxable Supply of goods ⇒ 3 copies

Taxable Supply of service ⇒ 2 copies

4. Registered Person may not Issue tax Invoice if following 3 Conditions fulfilled:
• Value of Supply is less than 200/–
• Recipient is unregistered
• Recipient doesn't Require invoice
for these type of supplies during the end of the day a Consolidated Invoice can be
raised
however above provisions are not applicable to Service through admission to exhibition/
cinema/multiplex.

5. Bill of Supply
Composition Supplier and the Supplier of Exempted Goods shall not allowed to issue tax
invoice. Instead they issue Bill of supply.

6. In Case Supplier making taxable & Exempt Supplies together


No need to issue Separate tax Invoice for taxable as well as Exempt Supply. Supplier can
issue Invoice Cum Bill of supply

7. For Receipt of Advance – Receipt Voucher


for Refund of Advance – Refund Voucher

8. At the time of Receipt of advance


• rate of tax not determinable – @ 18%
• nature of Supply not determinable – Inter State Supply
CA Jasmeet Singh 2

9. E-Invoicing [Invoices / Debit Note / Credit Note]


• Supplier is notified Person
• Supply is B2B or Export [even to Unregistered]
• Notified Person– Registered Person having Aggregate T/o > 5 cr [In any Preceding FY
from 2017-18 Onwards]
• E-invoicing doesn't mean generating Invoice on Govt. Portal its just Reporting Invoice
on Govt. Portal (Invoice Registration Portal) "IRP"
• E-Invoicing Not applicable on following:
i) Input Service Distributor (ISO)
ii) SEZ units (not developers)
iii) Insurance / Bank / Financial institution / NBFC
iv) Goods transporter agency (GTA)
v) Passenger transportation services
vi) Admission to Exhibition, Cinema, Multiplex
vii) Govt. Department Local authority

• However If E-Invoicing applicable and RP doesn’t issue E-invoice then it shall be


Considered that no Invoice has been Issued (i.e. normal invoice shall not be
considered as valid invoice)

10. E-Invoicing In Case of Supplies under RCM


• Supplier is a notified person → E-Invoicing Applicable
• Supplier is URP & Recipient is notified person → E-Invoicing Not applicable

11. Revised Tax Invoice


Every Registered Person who been granted Registration Certificate from retrospective
effect, Shall Issue "Revised tax invoice" (within 1 month from Date of Issue of
Registration Certificate. For Period from effective date of registration to the date of
receipt of registration certificate.
Eg. Person Crossed TO of 20lac on 02/04/24 he applied for Registration on 25/04/24 &
Granted Registration Certificate on 04/5/24.
A Shall Issue Revised tax Invoice till 03/6/24 for Period 02/04/24 – 25/04/24.

12. Consolidate Revised tax Invoice can be issued only if


• Inter State B2C is less than Rs. 250000 → State wise consolidated invoice
• Inter State B2C is Rs 250000 or more → Recipient wise consolidated invoice
• Intra state B2C (for any value) → Consolidated Invoice

13. Document other than Tax Invoice Permitted


Supplier
1. Insurance / Banking co. / F2 / NBFC • Monthly Statement can be issued
CA Jasmeet Singh 3

2. GTA for transport of Goods through • Gross weight of consignment


road • Name of Consignor /consignee
• Registration no. of Carriage
• Details of Goods
• GSTIN of Payee
• Other Info Same as Tax invoice
3. Passenger transportation Tickets can be issued
4. Service by way of Admission to E-ticket cam be issued
exhibition / cinema / multiplex

14. Credit Note


In following cases credit note get issued
• Supplier Declared Value > Actual Value of Supply
• Supplier declared High tax rate than applicable
• Quantity Received lower than Quantity mentioned in invoice
• Quality of Supplied Goods Services not satisfactory hence required Partial / total
Reimbursement of Invoice Value
• Advance Received & Invoice issued, now Re-finding amount
• Credit note Issued by Supplier will reduce his tax Liability.

Declaration of credit note in Return.


Any Registered Person who issues credit note shall declare details of such Credit note in
return of month in which Credit note issued but not later than
➢ 3oth of November following end of FY to which original supply Relates
➢ Date of furnishing Annual Return
Whichever is earlier

15. Debit Note


In following Cases Debit note get issued
• Supplies Declared Value < Actual Value of Supply
• Supplier declared Low tax rate than applicable
• Quantity Received higher than Quantity mentioned in invoice
• Debit note Issued by Supplies will Increase his tax Liability
• Declare in Return of month in which Debit note issued
[No maximum time limit in Case Debit note]
CA Jasmeet Singh 1

Payment Of Tax
Ledgers on Common Portal
❖ Electronic Cash ledger – Cash Balance with GST Dept.
❖ Electronic Credit Ledger – Credit Balance with GST Dept.
❖ Electronic Liability Ledger – Liability with GST Dept.

Electronic Cash Ledger

How to Deposit tax in Cash Ledger

Notes
❖ Only E-Challan allowed, Validity 15 days
❖ Deposit made Pay Liability will be Credited to Cash ledger, can be used to pay any
liability
❖ Amount available in one major head/minor head can be transferred to Other
major/minor head using form GST PMT-09 if available.
❖ A Registered Person can transfer any amount of Sum available in Cash ledger to
Distinct Person's Cash ledger. Only if Such Registered Person doesn't have any liability
in E-Liability Ledger.
❖ Over the Counter maximum 10000 can be Deposited
Except:-
➢ Govt. Department or person notified by Commissioner
CA Jasmeet Singh 2

➢ P.O. authorised to recover dues from Person including recovery through Sale of
Property during investigation etc.
➢ Any refund claimed from Cash ledger Debited to cash ledger & if Rejected, amount
debited earlier shall be Credited again to Cash ledger.

Electronic Credit Ledger


➢ Amount Credited to credit ledger on availment of credit in return
➢ Amount in Credit ledger Can be utilised to pay "output tax". [Hence can't be used to
Penalty, Interest & Liability under RCM]
➢ RCM payable on inward supply is paid through → El. Cash Ledger.

Electronic Liability Ledger


Order of discharge of tax & other dues
➢ Self Assessed tax & other dues for Previous tax Period

➢ Self Assessed tax & other due for Current Period

➢ All dues including demand determined u/s 73 & 74.

Section 50 Interest On Delayed Payment


If GST Return and Tax Both are delayed
Int u/s 50 = (Output Liability – ITC) x 18% x Delayed Days / 365

If Tax is paid after filling of GST return or Due to demand u/s 73/74
Int u/s 50 = Output Liability x 18% x Delayed Days / 365

Utilisation Of Wrongly Availed ITC

Int u/s 50 = Excess ITC Utilised x 18% x Delayed days / 365

Excess ITC Utilised = ITC Wrongly Availed – ITC Balance in Credit Ledger

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