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Electronic gold receipts govern dematerialised gold custody, issuance, reconciliation and withdrawal procedures for vault managers.
Creation and custody of an Electronic Gold Receipt make the receipt a dematerialised security: upon receipt of physical gold the vault manager creates the receipt in the beneficial owner's name, credits it to the demat account, and records prescribed particulars in a common interface. Deposits must come via accredited refineries, comply with gold standards, be documented for traceability, and be periodically reconciled with electronic records; the vault manager bears liability for unresolved discrepancies and must maintain safekeeping, data recovery, segregation of activities, indemnity provisions, record retention and regulatory reporting. (AI Summary)
Date 11 Jan 2022
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Transitional credit protection: procedural lapse in filing FORM GST TRAN-1 cannot bar entitlement to service tax refund on migration
Entitlement to input tax credit accrued pre GST is substantive; procedural failure to file FORM GST TRAN-1 within the prescribed period cannot extinguish that right, and refund claims should not be denied solely on the basis of such technical non compliance where the credit otherwise qualifies under the CENVAT framework. (AI Summary)
Author
Date 10 Jan 2022
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Mandatory Aadhaar authentication reshapes GST refund and registration procedures, affecting refund claims and revocation of registration.
Section 16(2)(aa) and CGST Rule amendments condition input tax credit on supplier filing and communication of invoice details, preventing recipients from claiming ITC for invoices not reflected in outward-supply statements. Complementary changes include mandatory Aadhaar authentication for specified registration and refund procedures, amended refund documentation where Unique Identity Numbers are absent, extended annual return timelines for a specified year, and revised forms and rules aligning detention, seizure, auction recovery and attachment processes with shortened procedural timelines and increased enforcement powers. (AI Summary)
Author
Date 08 Jan 2022
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Vault Manager registration regime requires certified infrastructure, ongoing compliance and SEBI inspection powers for gold custody services.
SEBI's Regulations create a regime for registration and supervision of Vault Managers who provide storage, safekeeping and related services for gold traded as Electronic Gold Receipts. Applicants must satisfy corporate, financial, infrastructure, insurance and procedural requirements, apply via Form A, pay specified fees, and obtain a certificate subject to conditions including maintenance of net worth, disclosures of material changes, compliance with the Code of Conduct, investor grievance redressal and periodic fee payment. SEBI may inspect, audit, appoint auditors, and take action for defaults under the intermediaries framework. (AI Summary)
Date 08 Jan 2022
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Voucher characterization as goods: traded vouchers treated as taxable supplies and timing governed by supply rules.
Vouchers traded by a third party purchaser and reseller who is not the issuer are movable property and constitute goods under the CGST Act, not actionable claims; such sales are taxable supplies, with time of supply governed by standard provisions applicable to traded supplies rather than issuer specific timing rules, and valuation and tax treatment follow the advance ruling determinations. (AI Summary)
Date 07 Jan 2022
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Renting of motor vehicle: AC electric bus operations treated as taxable service with input tax credit affecting GST treatment.
Supply, operation and maintenance of AC electric buses by an operator to a transport undertaking, where consideration is charged to the undertaking and includes electricity/battery costs, constitutes renting of a motor vehicle with fuel included. The service recipient is the undertaking, and the activity is taxable under the GST tariff entry for renting passenger motor vehicles with fuel included, attracting differentiated treatment depending on entitlement to input tax credit. (AI Summary)
Author
Date 07 Jan 2022
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Electronic filing requirement: failure to upload orders means delayed manual appeals may be treated as within time.
Where rules prescribed only electronic filing of appeals, limitation runs from when the assessee could practicably use that mode. Non uploading of the orders to the departmental portal prevented e filing; manual appeals filed after that failure were held to be within time. The appellate authority should have regularised filings by arranging upload and e filing links rather than dismissing appeals as time barred, as the department's omission effectively denied the prescribed appeal mechanism. (AI Summary)
Date 06 Jan 2022
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Aadhaar authentication for GST refunds and revocations strengthens identity verification and curbs fraudulent claims.
Regulatory and administrative GST reforms in 2021 emphasized compliance enhancement and fraud prevention through statutory amendments, mandatory e-invoicing and e-way bills, auto-population of invoice data, Aadhaar-based authentication for refunds and revocation, deployment of analytics to detect fake invoices, and narrowed audit scope; key operational changes effective early 2022 included blocking return filing portals for habitual non-filers, mandatory invoice communication for ITC, expanded provisional attachment powers, revised detention/seizure notice timelines, and new e-commerce taxation rules for specified services. (AI Summary)
Date 06 Jan 2022
Replies 1 Reply
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GST compliance: Aadhaar authentication and filing linkage enforced, impacting ITC claims and return filings procedures
Notified January 2022 changes under GST defer textile rate increases but implement new footwear rates, amend rate and exemption schedules and compensation cess, and enforce Finance Act and CGST Rule amendments including Aadhaar authentication for specified transactions. Rule 36(4) ties input tax credit to supplier filing in GSTR-1 and communication in GSTR-2B; Rule 59 filing linkage requires filing of the immediately preceding GSTR-3B before permitting subsequent GSTR-1. Additional procedural rules address provisional attachment, recovery by sale of seized goods, refund mechanics and extension of GSTR-9/GSTR-9C due dates. (AI Summary)
Date 05 Jan 2022
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Personalized services capacity limits require remuneration adjustments to reflect COVID-related costs and reduced billable time.
Personalized services are those rendered by individuals or small groups with attributable roles, and remuneration must reflect limited available working time and pandemic-related constraints. Growth in individual earnings requires increased remuneration rather than volume increases, with seniority and ongoing professional learning informing fee revision. COVID-19 imposes additional costs and reduces productive capacity, and because providers of personalized services cannot reliably expand volume without harming quality, employers and clients should factor these constraints and extra costs into reward policies. (AI Summary)
Date 05 Jan 2022
Replies 1 Reply
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Works contract classification depends on transfer of property in goods; consumable inputs not conveyed exclude concessional GST treatment.
Classification as a works contract depends on whether the execution involves a transfer of property in goods. Consumable inputs used and consumed by the contractor that are not conveyed to the contractee do not constitute such transfer; therefore where materials like oil, HSD, blasting material and spare parts are consumed and ownership is not passed, the contract does not qualify as a works contract and concessional government works rates are not available. (AI Summary)
Date 04 Jan 2022
Replies 1 Reply
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Seizure and sale of detained goods: auction procedure enables recovery of GST penalty after notice and default.
Section 129 empowers detention and seizure of goods and conveyances in transit for GST contraventions, requiring a notice and order for penalty; release is on payment of prescribed penalties or furnishing security. If penalty remains unpaid after fifteen days, Rule 144A permits recovery by sale through inventory, market valuation and auction (including e-auction), with special timelines for perishable or hazardous goods, pre-bid deposits, issuance of sale certificates to successful bidders, and appropriation of sale proceeds against costs, penalties and other GST dues, with residual balances credited to the owner or deposited to the Fund if unclaimed. (AI Summary)
Date 04 Jan 2022
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Input tax credit restriction: ITC allowed only where supplier details appear in GSTR 2B, altering claim and compliance rules.
The amendment conditions entitlement to input tax credit on supplier furnishing of invoice details in GSTR 1 and communication via Form GSTR 2B, disallowing ITC for invoices not reflected in GSTR 2B while preserving exceptions for imports, ISD and RCM; procedural rules also shorten payment timelines after detention or seizure, permit auction based recovery where penalties remain unpaid, prescribe appropriation order for sale proceeds, and strengthen provisional attachment notice and objection procedures. (AI Summary)
Author
Date 03 Jan 2022
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GST rate deferment keeps textile rates unchanged while footwear excluded, prompting calls for raw material relief.
The GST Council deferred a proposed increase in GST rates for the textile sector so that existing rates continue beyond the intended effective date, intending to support small and medium taxpayers; the author endorses building consensus before future hikes and recommends reducing GST on textile raw materials to address the inverted duty structure. The deferment does not extend to footwear, which the author criticises as exposed to higher rates and urges similar relief to protect employment and sector sustainability. (AI Summary)
Author
Date 01 Jan 2022
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No notice exemption for changes effected by collective settlement: settlement based closures need not trigger individual notice requirements.
The proviso to Section 9A exempts employers from the prescribed notice and waiting period where a change in conditions of service, including closure of a local office, is effected pursuant to collective settlements. If settlements expressly provide for restructuring with options for redeployment or voluntary retirement, and the local office lacks functional integrality with manufacturing units, the settlement governs the closure and the notice requirement does not apply. (AI Summary)
Date 01 Jan 2022
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HSN realignment updates GST goods rates to reflect HS 2022 classification changes across schedules and triggers IGST, UTGST and Customs amendments.
CBIC amended the Goods Rate Notification via Notification No. 18/2021 to align GST commodity classifications and descriptive entries with HS 2022. The amendments substitute existing HSN headings and product descriptions across multiple GST schedules, add conditioned entries (e.g., unit container branded goods), reallocate items between headings, and refine exclusions and cross references. Corresponding notifications under IGST and UTGST and parallel Customs Tariff changes were issued to ensure classification and rate consistency across indirect tax regimes. (AI Summary)
Author
Date 01 Jan 2022
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Concessional GST rate alignment with HS updates revises HSN classification for specified handicrafts, retaining concessional treatment.
Concessional GST rates for specified handicraft items were amended by substituting affected HSN headings and descriptive entries to align classifications with HS 2022, with parallel updates under IGST and UTGST and corresponding changes adopted in the Customs Tariff to preserve concessional treatment across regimes. (AI Summary)
Author
Date 01 Jan 2022
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E commerce operator liability for food delivery tax may arise where deliveries are treated as services, affecting payment responsibility.
E commerce operators may be deemed the supplier liable to pay tax for notified restaurant services supplied through their platforms if deliveries are characterised as services; if deliveries are characterised as goods, the actual supplier remains liable. Tax so treated is output tax of the ECO and, absent reverse charge treatment, should be payable using input tax credit, although an administrative circular mandates cash payment, a requirement the author views as lacking statutory basis. (AI Summary)
Author
Date 31 Dec 2021
Replies 1 Reply
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Goods exemption alignment with HS 2022 updates HSN classifications and exemption entries, altering GST identification of specified goods.
CBIC amended the Goods Exemption Notification effective January 1, 2022 to align GST exemption entries with HS 2022 by updating HSN headings and descriptions. Key changes include added subheadings for fish and related products, streamlined description for provisionally preserved vegetables, inclusion of pine nuts in the nuts heading, new subheading treatment for tender coconut water subject to brand based conditions and Annexure I, and reclassification of parts under aircraft headings. Similar amendments were issued under IGST, UTGST and the Customs Tariff for consistency. (AI Summary)
Author
Date 31 Dec 2021
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Compensation cess alignment with HS 2022 expands HSN coverage and amends cess entries effective Jan 1, 2022.
The CBIC amended the Compensation Cess Rate Notification effective January 1, 2022 to align GST compensation cess entries with HS 2022 by revising HSN subheadings, notably adding alternate six digit classifications for tobacco products and extending aircraft subheadings; parallel amendments to the Customs Tariff were made for consistent classification alignment. (AI Summary)
Author
Date 31 Dec 2021