Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law
Filter by Law
View Top Authors
Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
Investigation approvals and summons scope limited: principal commissioner authors investigations; summons must be specific and proportionate.
Guidelines centralise investigative authority in the Principal Commissioner, who must approve initiation of CGST investigations and oversee intelligence, searches and follow-up action. Investigations raising novel levy interpretations, involving major corporates, sensitive or nationally significant matters, or issues before the GST Council require prior written approval of the Zonal Principal Chief Commissioner. Procedural constraints require that information requests start with official letters, summons be narrowly tailored and pre-approved, information available on the GST portal not be sought, and relevance be recorded on the e-file with statements uploaded and submitted for supervisory review. (AI Summary)
Date 08 Apr 2024
Like 0 Bookmark
Inter-authority abeyance of tax audit proceedings required while central GST adjudication on identical discrepancies is pending.
Where the same discrepancies are the subject of an anti-evasion show cause notice issued by the Central GST department and adjudication is pending, the State GST audit wing must keep its audit proceedings and related show cause notices in abeyance and await the adjudication outcome from the CGST authority. (AI Summary)
Author
Date 08 Apr 2024
Like 0 Bookmark
Reassessment on audit objection: audit findings can constitute statutory grounds to reopen assessments under amended Section 148.
The amended Explanation to Section 148 permits reassessment where a departmental audit objection indicates an assessment was not made in accordance with the Act; an audit finding based on documents furnished during original scrutiny may thus furnish the Assessing Officer with statutory reason to record satisfaction that income escaped assessment, issue a notice, and reopen the assessment, provided the assessee is afforded the prescribed opportunity to respond and procedural requirements are observed. (AI Summary)
Date 08 Apr 2024
Like 0 Bookmark
Tax liability from absent state-wise turnover cannot be imposed; assessors must verify bifurcation and provide hearing.
Tax liability cannot be imposed solely because financial statements omit state wise turnover; the operative inquiry is the bifurcation of total and state wise turnover. Assessing authorities must verify state specific evidence, consider prior tax payments on the identified state turnover, and afford a reasonable opportunity to be heard, including a personal hearing, before changing tax treatment or applying a different GST rate. (AI Summary)
Author
Date 08 Apr 2024
Like 0 Bookmark
Personal hearing requirement: failure to notify via incorrect email triggers reconsideration and a new hearing opportunity.
Where notices for a personal hearing fail to reach the addressee because they were sent to an unregistered or incorrect email, the affected party is deprived of a fair opportunity to be heard and the principle of natural justice is engaged. In such circumstances the proper response is to set aside the affected administrative decision on procedural grounds and to afford the party a personal hearing, after which the authority must reconsider and pass a fresh decision in accordance with law. (AI Summary)
Author
Date 06 Apr 2024
Like 0 Bookmark
Supply of service: compensation for contractual breach is taxable under GST and does not trigger ITC reversal rules.
Compensation collected for breach or non performance of contracts qualifies as consideration and constitutes a supply of service under the GST framework; accordingly such receipts are taxable and, because GST is leviable on that activity, the rules requiring reversal of input tax credit for common services do not apply. (AI Summary)
Author
Date 06 Apr 2024
Replies 1 Reply
Like 0 Bookmark
Input tax credit limitations under GST can bar corrections and create severe liability unless portal notices and return errors are actively monitored.
Indian GST imposes stringent deadlines and limited amendment mechanisms for claiming Input Tax Credit, causing severe consequences for clerical and reporting errors. Portal and procedural shortcomings-automated bulk notices, service to portal inboxes and banks only, lack of purchase-return procedures, and delayed amendment facilities-have led to large unsustainable demands and missed appeal opportunities. Taxpayers are advised to check the common portal daily and use professional monitoring to mitigate exposure. (AI Summary)
Author
Date 06 Apr 2024
Replies 3 Replies
Like 0 Bookmark
Advance tax compliance alerts prompt taxpayers to review flagged transactions and deposit due tax via the e campaign portal.
The Income Tax Department's e-campaign alerts persons/entities whose significant financial transactions appear inconsistent with taxes paid and urges them to compute and deposit advance tax. Affected taxpayers must log into the e-filing portal, access the Compliance Portal's e-campaign module to view identified transactions in the Annual Information Statement, and follow portal prompts to view feedback. A response is mandatory only where the portal marks it as "expected"; items marked "optional" are not compulsory. The portal permits bulk responses and requires registration for first-time users. (AI Summary)
Author
Date 06 Apr 2024
Like 0 Bookmark
Time limit for Input Tax Credit may not extinguish entitlement where statutory eligibility conditions are met.
A registered person becomes entitled to Input Tax Credit upon satisfying prescribed eligibility conditions (documentary proof, receipt of supply, tax paid by supplier and return filing). Section 16(4) imposes a temporal cutoff applicable to supplier invoices or debit notes, but self invoices issued under the reverse charge mechanism and bills of entry for imports are distinct documentary bases under the Rules and, the article argues, should not be subject to that same time bar. Judicial authorities are split, and a Supreme Court challenge to the temporal limit is pending. (AI Summary)
Author
Date 05 Apr 2024
Like 0 Bookmark
Retrospective GST registration cancellation requires objective justification and procedural fairness to avoid invalidating the order.
Cancellation of GST registration with retrospective effect requires the proper officer's objective satisfaction that such consequences are warranted and must follow procedural fairness; defective show cause notices that omit officer identity, rely on non-existent replies, or fail to inform a taxpayer of retrospective cancellation vitiate the order. The officer must consider consequences such as denial of input tax credit and not treat non-filing alone as an automatic basis for retrospective cancellation where compliance history suggests otherwise. (AI Summary)
Author
Date 05 Apr 2024
Like 0 Bookmark
Supply of service: corporate and personal guarantees attract GST valuation rules, with deemed valuation for corporate guarantees prescribed.
Personal guarantees by directors and corporate guarantees between related companies qualify as a supply of service when made in furtherance of business even without consideration; where no consideration is permitted under lending guidelines, the open market value of a director's personal guarantee may be treated as nil, whereas corporate guarantee valuation among related parties is determined under the Rule 28 related party valuation framework and by the newly inserted provision prescribing a deemed percentage of the guarantee or actual consideration, whichever is higher. (AI Summary)
Date 05 Apr 2024
Like 0 Bookmark
GST registration cancellation on incorrect field report requires consideration of revocation application under statutory procedure.
The court found the cancellation proceedings were founded solely on a field visit report not related to the petitioner and instructed the revenue authority to consider the petitioner's revocation application under the statutory revocation framework, which permits a registered person whose registration is cancelled on the officer's motion to apply for revocation and requires the proper officer to consider and either revoke or reject the application after providing an opportunity of hearing. (AI Summary)
Author
Date 05 Apr 2024
Like 0 Bookmark
Monetary limits for departmental appeals clarified; TDS/TCS included and exceptions allow merit based appeals regardless of tax effect.
The Board's circular preserves existing monetary thresholds for departmental appeals while expressly including TDS/TCS disputes. Appeals should be filed on merits rather than mechanically when tax effect exceeds thresholds. Specified exceptions require appeals irrespective of monetary limits, including constitutional invalidity, law enforcement originated assessments, prosecution, adverse comments against revenue, undisclosed foreign income/assets, organized evasion, writ matters and non Income Tax Act issues. Tax effect is defined to include surcharge and cess and is to be determined per assessment year with special computation rules where alternate tax provisions apply; composite orders and TDS/TCS cumulative effects are separately addressed. Departments must record and disclose when appeals are deferred solely on monetary limit grounds. (AI Summary)
Date 04 Apr 2024
Like 0 Bookmark
Cargo handling service classification: incidental loading or unloading during carriage does not convert transport into cargo handling.
Transportation of goods with incidental loading, unloading, stacking or similar activities remains transportation and does not become Cargo Handling Service. Where the carrier's primary contractual duty is multimodal carriage between specified points, operational or terminal handling performed to effectuate transport is ancillary and does not change the legal character of the service under the definition in Section 65(105)(zr) of the Finance Act, 1994. (AI Summary)
Author
Date 04 Apr 2024
Like 0 Bookmark
Donation treatment: eligible trust donations treated as application only to the prescribed proportion; remainder not subject to investment requirement.
Amendments treat donations by a trust to another eligible trust as application for charitable or religious purposes only to the extent of a prescribed proportion of the amount credited or paid; the residual portion of such donations need not be invested under rules applicable to accumulated or set-aside income when the full amount has been transferred to the recipient trust. (AI Summary)
Author
Date 04 Apr 2024
Like 0 Bookmark
Classification of supply: printing with copyright transfer treated as goods, while dominant printing activities qualify as services.
Classification of printing contracts hinges on contractual rights and the predominant element of the transaction. Where the printer acquires temporary copyright, buys inputs and delivers finished books on its own account, the transaction is a supply of goods; the temporary copyright transfer remains a separate service potentially taxable under reverse charge. Conversely, where content is provided by another and printing is the dominant activity with materials ancillary, the transaction is a composite supply treated as printing services. Exemption entries do not apply where supplies involve both goods and services or where recipient and value composition do not meet conditions. (AI Summary)
Author
Date 04 Apr 2024
Like 0 Bookmark
GST revenue resilience signals stronger compliance and focused administrative reforms enabling faster investigations and dispute resolution.
Robust GST collections in 2023-24 reflect consumption-driven economic resilience and improved compliance aided by GSTN data analytics and enforcement. Administrative reforms include CBIC guidelines concentrating initiation of CGST investigations at Principal Commissioner level, one-year investigation timelines, and senior-officer grievance redressal, while selection of GST Appellate Tribunal members is progressing to address a forthcoming phase of substantive dispute resolution. Political timing may delay GST Council decisions until the new government is formed, influencing future reform momentum and potential rate rationalization. (AI Summary)
Date 04 Apr 2024
Like 0 Bookmark
Input tax credit refund after supplier pays tax - registered person may file refund claim under Section 54 for reversed ITC.
Registered persons who reversed Input Tax Credit may submit refund applications where suppliers later pay tax and file returns; adjudication must follow the statutory refund procedure and account for the notification excluding a pandemic-related period from limitation. The ITC-reversal provision applies prospectively and past-period reversals cannot be mechanically enforced; tax demands should be directed to the person liable, avoiding double taxation when supplier subsequently pays. (AI Summary)
Author
Date 03 Apr 2024
Like 0 Bookmark
Investigation procedure reforms: tightened jurisdictional controls and strict summons safeguards to streamline GST probes.
The CGST Act empowers inspection, search, seizure, detention, confiscation and arrest subject to written authorisations and specified safeguards; DGGI's SOP prescribes jurisdictional limits, approval hierarchies for initiating investigations, restrictions on use of summons and document calls, requirements to record relevance and timelines, coordination with other GST formations, special procedures for corporates and public bodies, and a target to conclude investigations within one year, superseding earlier guidance. (AI Summary)
Date 03 Apr 2024
Like 0 Bookmark
Cheque dishonour criminal liability can proceed alongside arbitration; arbitration does not bar separate Section 138 complaint.
Arbitration and criminal proceedings for cheque dishonour under the Negotiable Instruments framework may be maintained concurrently where they arise from separate causes of action; pendency of arbitration does not bar criminal prosecution and issues such as whether the cheque was given as security are matters of defence to be determined at trial. (AI Summary)
Date 03 Apr 2024