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Failure to maintain GST accounts does not alone justify confiscation; penalty limited absent intent to evade tax.
Registered persons must maintain complete accounts at their principal place of business, with electronic storage and access obligations under rules; Section 35(6) enables officers to determine tax on unaccounted goods as if supplied, invoking Sections 73/74 procedures. Section 130(1) permits confiscation only where specific ingredients such as intent to evade tax or non accounting of taxable goods are established. In the Metenere case the High Court found those ingredients and requisite assessment procedures absent, treating the offence as record noncompliance subject to the statutory penalty ceiling under Section 122(xvi). (AI Summary)
Date 15 Sep 2021
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Extension of GST revocation timelines preserves taxpayers' ability to seek registration restoration and clarifies processing rules.
Administrative clarifications under GST extend the filing period for revocation of cancellation of registration for cases cancelled under specified clauses, making the extended date applicable regardless of pending or rejected applications or appeals; officers and appellate authorities must treat such cases in light of the extension and taxpayers may file fresh revocation applications where appeals were finally decided. Ministry guidance limits past reimbursement of GST on annuity payments and confirms contractor liability for GST and TDS on annuity and interest for projects bid exclusive of GST. (AI Summary)
Date 15 Sep 2021
Replies 2 Replies
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e-RUPI digital voucher enhances targeted cashless benefit transfer, enabling prepaid redemption without requiring bank accounts.
e-RUPI is a person and purpose specific digital prepaid voucher delivered via SMS or QR code that permits one time, contactless redemption at specified service providers without a bank account, card, payment app, or internet. Issued by partner banks and settled in real time to providers, it aims to improve transparency and reduce costs and leakages in targeted benefit transfers while enabling access for users with basic phones and limited connectivity. (AI Summary)
Author
Date 15 Sep 2021
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Emergency credit line guarantee secures lender losses and expands targeted eligibility for distressed businesses under pandemic relief.
The Emergency Credit Line Guarantee Scheme provides government-backed guarantee coverage to Member Lending Institutions to absorb losses from borrower non repayment, enabling unsecured credit to distressed businesses to meet operational liabilities. Eligibility is organized in sequential tranches by borrower type and sector, with each tranche delimiting borrower scope, outstanding loan thresholds and arrears benchmarks as of specified reference dates to determine entitlement to guarantee support. (AI Summary)
Author
Date 15 Sep 2021
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Input Tax Credit reconciliation required before September return to preserve credits and correct outward supply reporting errors.
Taxpayers must claim any unclaimed ITC for FY 2020-21 and reconcile ITC shown in GSTR 2A/2B with the inward register and books, following up with suppliers for missing invoices. ITC that relates to mixed taxable and exempt supplies must be apportioned and finalised for the year before the September filing, and ITC claimed where consideration remains unpaid must be reversed unless payment has been made. Outward supplies must be reconciled with returns so classification errors can be corrected and credit notes for FY 2020-21 issued by the September return. (AI Summary)
Author
Date 14 Sep 2021
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Constitutionality of GST arrest provisions contested, with courts split on arrest scope and bail standards.
Constitutionality and scope of arrest powers under the GST framework are contested: courts are divided on whether arrest during investigation prior to adjudication is permissible and on the constitutional source for criminal sanctions tied to GST. Some courts treat arrest powers as ancillary to GST enforcement and refuse pre-adjudication bail solely on that ground; others limit arrests to exceptional circumstances and require credible material to justify detention. Challenges to vires have largely not procured interim stays, with several courts applying the presumption of validity and tracing penal powers to legislative competence for GST or concurrent entries. (AI Summary)
Author
Date 14 Sep 2021
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LTCG exemption: pursue pending appeals and consider appeal restoration when VSV declaration affects disputed additions.
Exemption for alleged bogus long-term capital gains (LTCG) may be sustained where transactions are supported by relevant documents; investigative reports alone do not justify additions and provide only a basis to initiate reassessment. Opportunity to cross-examine declarants relied upon by the department is necessary. Taxpayers with pending appeals and a filed VSV declaration should pursue appeals and may consider restoration by not paying under VSV, withdrawing the declaration, or seeking relief from the authority or High Court when additions rest solely on penny stock or bogus LTCG allegations. (AI Summary)
Date 14 Sep 2021
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Inverted tax structure refund affirmed where input tax rate exceeds output rate despite identical input-output supplies.
A refund of unutilized input tax credit under the refund provision is available when the tax rate on input supplies exceeds the tax rate on output supplies. An administrative circular denying refunds where input and output supplies are identical, even if the input rate is higher, conflicts with the clear statutory text and must be disregarded, preserving refund entitlement in such rate-comparison situations. (AI Summary)
Author
Date 14 Sep 2021
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Tax relief for specified senior citizens exempts return filing where pension and bank interest only, bank to deduct tax.
A statutory mechanism allows banks designated as specified banks to compute total income of a qualifying specified senior citizen-after giving effect to Chapter VI A deductions and the section 87A rebate-and to deduct income tax on that basis, conditional on a verified declaration in Form No.12BBA and supporting evidence which the bank must retain and produce to tax authorities on demand. (AI Summary)
Date 13 Sep 2021
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Revocation of GST registration: extension mechanics and filing conditions determine eligibility and processing of applications.
Applications under Section 30 allow a registered person to seek revocation when registration is cancelled by the proper officer, subject to conditions: outstanding returns must be filed and taxes paid if cancellation arose from non-filing, retrospective cancellations may trigger filing of unfiled returns upon revocation, and applications must follow prescribed forms (REG-21, REG-23, REG-24, REG-22) and timelines. A statutory proviso permits two sequential discretionary extensions by senior officers, and administrative circulars and notifications regulate manual filing, interaction of pending appeals with extended deadlines, and permit only unused extension capacity to be applied to recently announced extended filing windows. (AI Summary)
Author
Date 11 Sep 2021
Replies 1 Reply
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Limitation for appointment of arbitrator: residuary limitation applies, starting from refusal or expiry of the notice period.
An application under Section 11 for appointment of an arbitrator is governed by the Limitation Act via Section 43; where no specific Article applies, the residuary provision supplies the limitation period, which runs from the date the right to apply accrues (commonly from refusal to appoint or expiry of the notice period). The Supreme Court held that this residuary period applies to Section 11 filings but noted that this may be inconsistent with the Act's expeditious objectives and suggested Parliament prescribe a specific limitation. (AI Summary)
Date 11 Sep 2021
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Cross charge between distinct GST registrations creates taxable supplies requiring valuation and potential input tax credit entitlement.
Cross charge arises because separate GST registrations under the same PAN are distinct persons, making inter registration supplies taxable even without consideration. Valuation follows Section 15 and Rule 28: open market value, value of like goods/services, then Rule 30 or Rule 31; goods for further supply may be valued at ninety percent of recipient's onward price, and if recipient is eligible for full input tax credit the invoice value is deemed open market value. Employee services to employer are excluded under Schedule III, so salary recharges generally should not be cross charged. (AI Summary)
Author
Date 10 Sep 2021
Replies 1 Reply
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Coaching services characterised as composite service with coaching as principal supply, consolidated fee treated as taxable service.
The AAR concluded that a coaching institute's consolidated enrolment charge comprising tuition plus study materials and kits is a supply of service, specifically a composite supply with coaching as the principal supply. Under the network-partner model the institute is the service provider to students and the network partner is a service provider to the institute. The institute's taxable value is the consolidated amount invoiced to students, and the institute may claim input tax credit under GST; the partner's ITC entitlement was not answered. (AI Summary)
Date 10 Sep 2021
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Amendment for wrong cheque number permissible when the error is a formal infirmity causing no prejudice to the accused.
Correction of an incorrectly indicated cheque number in a complaint under the Negotiable Instruments Act is curable where the statutory notice and supporting documents correctly identify the cheque and the misstatement in the complaint is a bona fide formal infirmity; courts may permit amendment to substitute the correct cheque number when no prejudice to the accused is caused and the statutory prerequisites for prosecution remain intact. (AI Summary)
Date 09 Sep 2021
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Asset monetization pipeline provides medium term roadmap and investor visibility for infrastructure asset monetization with phased sectoral pipelines and tracking mechanisms.
The National Monetization Pipeline provides a medium term roadmap for monetizing brownfield core infrastructure assets to attract private investment, deliver investor visibility, enable asset performance tracking, and enhance efficiency and transparency in public asset management; it sets sectoral and asset level monetization targets and annual phasing for a multi year pipeline across roads, railways, power, pipelines, telecom, warehousing, mining, airports, ports and stadia for FY2022-2025. (AI Summary)
Date 08 Sep 2021
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Audit Committee composition and oversight ensure independent-majority governance, financial literacy and control over related party transactions.
The Audit Committee must be constituted for specified public and listed companies, composed of a majority of independent directors with an independent chair, and include financially literate members with at least one member possessing accounting or related financial management expertise. Its functions include oversight of financial reporting and auditors, approval and review of related party transactions including omnibus approvals under specified criteria, evaluation of internal financial controls and risk management, review of internal audit and whistleblower mechanisms, investigation powers with access to records and external advice, and mandated disclosures in the board's report. (AI Summary)
Date 07 Sep 2021
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Know Your Customer rules: customer-level KYC and CKYC identifiers prevent duplicate document demands and undue dormancy refusals.
Confusion and inconsistent implementation of KYC, Re-KYC and CKYC by banks has produced routine customer harassment. KYC is a customer-level verification and need not be repeated for each account; periodic updating follows risk-based timeframes. Inoperative/dormant classification is a risk-control measure and should not inconvenience customers: banks must permit operations after due diligence (signature/identity checks) and should accept CKYC/KIN where available rather than insist on duplicate documents. (AI Summary)
Date 07 Sep 2021
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GST classification drives automobile tax treatment, affecting valuation, input credits, after sales supply characterisation and compliance.
GST treatment of the automobile sector focuses on valuation, input tax credit, classification and timing of tax liabilities. Related party supplies must follow Rule 28 valuation options or deemed invoice value when recipient claims full input tax credit. Job work rules, vendor tooling transfers, and mixed supplies of parts and labour present documentary and supply character issues. After sales contracts, service coupons and used vehicle margin taxation require factual tests to determine composite versus separate taxability, while import and part classification affect applicable rates and litigation exposure. (AI Summary)
Date 06 Sep 2021
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Fake invoice schemes under GST enable wrongful ITC claims, prompting verification, ITC restrictions and e-invoicing safeguards.
Self-assessment under GST allows taxpayers to determine tax liability, but can be abused through fake invoices created by fictitious suppliers to claim inadmissible Input Tax Credit (ITC). Such schemes involve bogus firms, false invoices without actual supply, non-filing by issuers, and onward utilisation of fraudulent ITC. Statutory and administrative responses include strengthened registration verification, restrictions on ITC availment and utilisation, e-invoicing, analytical detection (input-output ratio and cross-matching), and information sharing; claimants bear the burden of proof and should retain contemporaneous evidence to substantiate genuine supplies. (AI Summary)
Date 06 Sep 2021
Replies 3 Replies
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Restriction on GSTR 1 filing for non filers of GSTR 3B may block outward supplies reporting until returns are filed.
Implementation of an automated filing restriction under Rule 59(6) will block filing of FORM GSTR 1/IFF until the relevant FORM GSTR 3B returns for the prescribed preceding tax periods are filed; the GSTN portal will enforce this at submit time and automatically restore filing access once the missing GSTR 3B is filed. Concurrent CBIC notifications extend EVC filing permissions for companies, provide temporal relief under Rule 138E for e way bill blocks, amend FORM GST ASMT 14, and extend the late fee amnesty period and revocation application timelines for registration cancellations. (AI Summary)
Date 04 Sep 2021
Replies 2 Replies