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Transitional credit filing: one time portal claim or revision allowed with required Annexure and verification, subject to departmental review.
The guidance permits one-time filing or revision of FORM GST TRAN-1/TRAN-2 on the common portal, requiring electronic verification and submission of Annexure A (and TRANS 3 where CTD-based credit is claimed), with copies to the jurisdictional officer within seven days for verification. TRAN 2 must be a consolidated claim. Portal relief is unavailable where an earlier successful submission was later rejected by the department or where credit is disputed and under adjudication or appeal; transitional credit is allowable only after departmental verification. (AI Summary)
Author
Date 20 Sep 2022
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Nature of activity determines GST rate, separately identified cost centres taxed per their supplies, not composite.
Where contractual performance is divided into separately identifiable cost centres, each cost centre's activity constitutes an independent supply of goods or services and should not be aggregated into a composite supply. Taxation must be determined by the nature of the specific supply invoiced; inter state supplies remain subject to IGST. The AAR held that distinct cost centre demarcation shows the parties' intention for independent supplies, so the composite supply question does not arise under Section 2(30). (AI Summary)
Author
Date 20 Sep 2022
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Transitional credit filing: one-time portal window permits filing or revision of TRAN-1/TRAN-2 with specified procedural safeguards.
A common portal will permit a one time filing or revision of FORM GST TRAN 1 and TRAN 2; applicants must sign or electronically verify declarations, upload prescribed pdf declarations, consolidate TRAN 2 claims into a single form where applicable, download and submit a self certified copy with Annexure A and TRANS 3 to the jurisdictional tax officer within seven days, and understand that portal submissions are final and subject to verification by tax officers. (AI Summary)
Date 19 Sep 2022
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Jurisdiction of detention orders - non-jurisdictional roving squads cannot decide transport disputes; matter remitted to assessing officer for determination
The High Court held that a roving squad is not the proper authority to determine classification and valuation in intercepted consignments and that records must be handed to the jurisdictional assessing officer or review cell. The jurisdictional officer is to examine the completeness of the triangular "Bill to-Ship to" transaction, decide the matter on its merits, and the petitioner was directed to produce documents and furnish a bond to safeguard revenue while adjudication proceeds. (AI Summary)
Author
Date 19 Sep 2022
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Power backup charges via DG sets treated as taxable service under GST, making RWA-collected charges subject to GST.
Power backup supplied via DG sets by RWAs or commercial premises is treated as a service for GST purposes where the provider owns and operates the DG set, maintains consumption and expense records, and fixes charges; administrative rulings and clarifications classify such on site power backup as a taxable property-management/service activity rather than a supply of goods, making the charges subject to GST. (AI Summary)
Author
Date 19 Sep 2022
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Import concession procedures require prior IGCR registration, continuity bond and monthly compliance for concessional duty use.
Importers seeking concessional duty under IGCR must file one time prior information (Form IGCR 1) to obtain an IGCR Identification Number (IIN), execute a continuity bond with security and an undertaking for differential duty and interest, and quote IIN and bond details in the bill of entry for concessional clearance. Ongoing obligations include maintenance of detailed accounts, immediate reporting of shortages, monthly IGCR returns, and recordkeeping for job work, unit transfers, end use supplies, and re export or home consumption of unutilized goods. Capital goods cleared for home consumption attract duty on depreciated value; breaches trigger recovery proceedings. (AI Summary)
Author
Date 19 Sep 2022
Replies 2 Replies
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IBC moratorium limits customs recovery, barring seizure or sale and requiring claims to be submitted under the insolvency process.
The IBC moratorium limits customs authorities to assessment or reassessment of duties during insolvency and bars initiation of recovery by sale or confiscation; assessed customs claims must be submitted and pursued through the IBC claim procedure within its prescribed timelines, and the insolvency professionals may secure and manage goods in accordance with insolvency law. (AI Summary)
Date 17 Sep 2022
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Minimum fees and prohibited fee sharing for insolvency professionals, with performance linked incentives for timely and value enhancing resolutions.
Amendments prohibit insolvency professionals from accepting or sharing fees with appointed professionals or support service providers. They prescribe minimum monthly fees for interim and resolution professionals based on claim bands, applicable from appointment until the earliest of plan submission, liquidation filing, withdrawal application, or closure order. The applicant or committee may fix higher fees with reasons on record, and fees form part of insolvency resolution process costs recoverable subject to committee ratification. A two-part performance linked incentive regime for timely resolution and value maximization is introduced, payable after plan approval and commencement of creditor payments. (AI Summary)
Date 17 Sep 2022
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Revocation of GST registration: procedural safeguards and natural justice required when cancelling and restoring registrations.
Revocation of GST registration requires filing an application on the common portal within thirty days (or extended time), Aadhaar authentication or prescribed identity documents, and filing of outstanding returns plus payment of tax, interest, penalty and late fee where cancellation occurred for non filing; the proper officer may issue a show cause notice, must record reasons for rejection in writing and dispose of the application within prescribed timeframes. (AI Summary)
Date 16 Sep 2022
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Change in rate of tax: time of supply is set by invoice, payment, or bank credit sequencing after rate changes.
Change in rate of tax overrides general time of supply rules and prescribes that, depending on whether supply occurred before or after a rate change, the time of supply is determined by a hierarchy of invoice date, receipt of payment, and bank credit. A proviso makes bank credit the date of receipt if credited more than four working days after the rate change, and an explanation defines date of receipt as the earlier of book entry or bank credit. (AI Summary)
Date 15 Sep 2022
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Voluntary investigation deposit not treated as pre-deposit and thus not refundable after appropriation against demand.
Voluntary deposit made during investigation which was later confirmed and appropriated against an assessed demand cannot be treated as a pre-deposit and is not refundable; the tribunal's remand with a status quo direction and the appropriation by the adjudicating authority precluded recharacterisation of the payment or grant of refund. (AI Summary)
Author
Date 15 Sep 2022
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Voluntary enhanced listing standards enable companies to adopt higher governance obligations with registration subject to eligibility and NSE discretion.
Participation in NSE Prime is voluntary and requires meeting predefined eligibility criteria including continuous compliance with securities laws, absence of specified surveillance categories or insolvency proceedings, financial thresholds, clean auditor opinions, and no convictions or disciplinary actions. Registration requires a prescribed application, board resolution and execution of the NSE Prime Registration Agreement, under which the company undertakes to comply with securities enactments, the Prime Norms, fee obligations, and disclosure duties. NSE retains discretion to request further information, accept or reject applications, revoke IP rights, and require indemnification for IP use. (AI Summary)
Date 15 Sep 2022
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Transitional input tax credit reopened: one time filing or revision of TRAN forms allowed subject to verification and ledger posting.
One time reopening allows filing or revision of Form TRAN 1 and Form TRAN 2 to claim transitional input tax credit from the erstwhile regime, subject to a prescribed declaration and departmental verification before credits are posted to the Electronic Credit Ledger; contested claims earlier rejected must proceed by appeal rather than re filing, while credits claimed or reversed via GSTR 3B may be regularised through TRAN subject to verification and the procedural restrictions in the Circular. (AI Summary)
Date 14 Sep 2022
Replies 1 Reply
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MEIS benefit entitlement-technical electronic errors should not bar exporters from claiming incentives; manual ratification may cure mistakes.
An exporter's entitlement to MEIS incentives cannot be defeated solely by a technical error or lacuna in the electronic shipping bill system; a subsequent manual amendment ratifying the exporter's intent to claim benefits may cure an inadvertent electronic entry, and authorities must reconsider representations seeking MEIS benefits in light of that principle. (AI Summary)
Author
Date 14 Sep 2022
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E-way bill expiration shortly before delivery does not constitute tax evasion; penalty must be proportionate and refunded.
The Court held that expiration of an e way bill by a few hours, without proof of fraudulent intent or gross negligence, does not amount to tax evasion; it set aside the detention, show cause and penalty orders, and directed refund of the penalty within 30 days with interest. The decision restates Section 126 principles that penalties must not be imposed for minor breaches, must follow natural justice, and be proportionate to the breach. (AI Summary)
Author
Date 13 Sep 2022
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Transitional input tax credit: additional limited window to file or revise TRAN 1/TRAN 2 with specified documentary conditions.
The circular establishes a final portal opportunity to file or revise FORM GST TRAN 1 and TRAN 2 under specified conditions: submission within the prescribed window, filing a declaration in the annexed format, uploading TRANS 3 where Table 7A credit is claimed, exclusion of claims for certain forms issued after the cutoff, consolidated filing for TRAN 2, forwarding applications to the jurisdictional officer within seven days, and concluding that the officer will examine claims and order credit to be reflected in the Electronic Credit Ledger. (AI Summary)
Author
Date 13 Sep 2022
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Advance ruling admissibility affirmed where inquiry began after filing; inquiries do not constitute 'proceedings', application must be admitted.
An advance ruling application filed before the start of an inquiry is maintainable because an inquiry or investigation does not constitute the statutory notion of "proceedings" that would bar admission; therefore the authority must admit the application, provide opportunity of hearing, and decide the question under the advance-ruling procedure after examining material and hearing both parties. (AI Summary)
Author
Date 13 Sep 2022
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Settlement applications directed by tribunal curtailed appellate consideration, raising procedural fairness concerns for appellants.
The article criticises SAT orders that disposed of appeals by directing appellants to file settlement applications within an abbreviated time, relying on a respondent affidavit about a SEBI settlement scheme, without considering appellants' substantive grounds such as jurisdictional objections, vagueness and time-bar of notices, and quantification of penalties. (AI Summary)
Date 13 Sep 2022
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Search and seizure procedures: inventory, panchnama, sealing, disposal and release rules govern handling of seized goods under GST.
A proper officer must prepare an inventory (panchnama) on seizure recording dates, identities, premises, detailed descriptions and quantities of seized items and signatures, and serve a copy to the searched person; sealing and forcible entry powers support locating concealed goods or records. Seizure is effected by a formal order and custody may be entrusted to the owner under restriction or replaced by a prohibition order if seizure is impracticable. Perishable or hazardous goods may be released on payment equivalent to market price or tax liability, otherwise disposed and proceeds adjusted against dues. (AI Summary)
Date 12 Sep 2022
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Opportunity of being heard required before imposing penalty; matter remanded for fresh decision and evidentiary consideration.
Penalty could not be sustained where the demand was based solely on an expired e way bill and tax had been paid; the matter was remanded for a fresh decision after affording the taxpayer an opportunity to produce evidence of genuine reasons for delay, with the authority directed to consider whether documentation errors are minor or easily rectifiable and to apply penalty principles proportionate to the breach. (AI Summary)
Author
Date 12 Sep 2022