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Input tax credit fraud in scrap supply can be halted by exempting trader supplied scrap or imposing a token tax rate.
The document explains that taxing melting scrap supplied by unorganised traders creates an economic incentive for fraudulent invoice chains and misuse of electronic input tax credit. It argues that exempting trader-supplied melting scrap from GST, or alternatively reducing the tax to a token rate, will eliminate the evadable tax pool, stop fraudulent credit injection, increase real cash tax receipts, and protect bona fide secondary steel manufacturers from undue enforcement actions. (AI Summary)
Date 31 Mar 2021
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Excise policy liberalization boosts consumption and state revenue through duty rationalization and retail deregulation while easing restrictions.
States are revising excise frameworks to boost consumption and revenue through duty reductions, removal of pandemic surcharges, lower license fees and deposits, facilitation of home delivery and limited home storage, authorization of microbreweries, and e auctioning of retail licenses; concurrent measures reduce government retail presence in favor of licensed private operators, adjust shop norms, and alter the legal drinking age and trading hours while maintaining enforcement and compliance. (AI Summary)
Date 31 Mar 2021
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Ongoing real estate project under RERA: promoter must register and hand over common areas to owners' association.
The Authority held that Blocks A and C and the promised common amenities were ongoing project portions subject to RERA transitional provisions, directed the promoter to register those portions, complete all promised common facilities, hand over common areas and amenities to the Association of Allottees, and reconvey the clubhouse and undivided share of land to the association where prior transfers to a service provider contravened the statutory allocation and the construction agreement. (AI Summary)
Date 27 Mar 2021
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Availment of Input Tax Credit cannot be denied once return filed; interest cannot be levied on gross tax liability.
Compliance with the filing requirement in Section sixteen(2) and payment of any late fee fulfills the condition for availment of Input Tax Credit; accordingly, the levy of interest calculated on gross tax liability for late filing, including by retrospective amendment, is inconsistent with the statutory scheme and judicial decisions which confined interest to net tax liability. (AI Summary)
Author
Date 27 Mar 2021
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Goods and Services Tax clarifies refund rules, flags e commerce TCS reporting gaps, and warns taxpayers on payment scams.
CBIC clarifies refund procedure for recipients of deemed export supplies-removing the prior restriction on availing input tax credit when claiming refunds-and confirms the method for including zero rated goods in calculating adjusted total turnover under Rule 89(4). Authorities identified gaps via TCS data between GSTR 3B declarations and e commerce TCS bases, prompting inspections and urging suppliers selling through e commerce platforms to declare actual turnover and pay dues to avoid penalties; CBIC also warned against unauthorized cash demand communications and affirmed use of available input tax credit to discharge GST liabilities. (AI Summary)
Date 26 Mar 2021
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Characterisation of trust income: interest on deposits may not be business income if the trust's object is not profit oriented.
Whether interest on deposits of a registered charitable trust is business income depends on application of the proviso to the charitable purpose definition: activities in the nature of trade or fees are excluded from charitable status unless incidental to the object and within the permitted aggregate receipts. The tribunal found that the question whether the trust's non profit object prevents the proviso's application was unadjudicated and remitted the matter to the assessing officer for fresh decision after hearing. (AI Summary)
Date 25 Mar 2021
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Interest on delayed GST payments now charged only on net cash tax liability, excluding cases under assessment proceedings.
Section 50 formerly exposed taxpayers to interest on late payment calculated on gross tax liability, including amounts covered by input tax credit. Legislative amendments substitute a proviso clarifying that interest is payable only on the portion of tax discharged by debiting the electronic cash ledger, while returns filed after initiation of proceedings under sections 73 or 74 remain excepted. The substitution is intended to operate retrospectively, thereby limiting interest liability to net cash tax payable and addressing prior departmental demands for interest on ITC-covered tax. (AI Summary)
Date 24 Mar 2021
Replies 1 Reply
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OIDAR services taxability: reverse charge and foreign supplier compliance challenges require improved tracking and registration.
OIDAR services delivered electronically are taxable under IGST with place of supply at the recipient's location subject to specified exceptions. If the Indian recipient is registered, tax is payable by the recipient under the Reverse Charge Mechanism; if unregistered, the nonresident supplier must register under the simplified REG 10 scheme or appoint a representative to pay IGST. Cross border record opacity and scale hinder identification and verification of supplies, prompting proposals for tech tracking, amended returns and audit disclosures to improve compliance. (AI Summary)
Author
Date 24 Mar 2021
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Input Tax Credit basis: claim from books of account while reconciling with supplier reports to protect entitlement.
The article argues that Input Tax Credit (ITC) should be claimable on the basis of a taxpayer's books of account, which are supported by internal documentary controls evidencing receipt and availing of supplies. Reconciliation with supplier-return reports should be a verification exercise only and not a precondition for entitlement. The author criticises provisions that condition ITC on supplier filings or system summaries as shifting revenue administration burdens to recipients and harming working capital, and urges legislative amendment to protect compliant taxpayers. (AI Summary)
Date 23 Mar 2021
Replies 9 Replies
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Terrorist act definitions broaden liability and enable forfeiture, seizure and criminal penalties for related property and support.
The Act defines terrorist act broadly to include violence or threats aimed at national unity, security, economic stability or public terror, and lists treaty offences and detailed inclusions. It defines proceeds of terrorism as property derived from or intended for terrorism and bars possession. The statute creates a forfeiture regime with notice, representation, hearing, and bona fide transferee protection; empowers Designated Authorities to confirm or revoke seizures; requires prior approvals for seizures; and criminalizes fundraising, support, membership, recruitment, and holding terrorist proceeds with severe penalties. (AI Summary)
Date 22 Mar 2021
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Profiteering on GST rate reduction: franchisee ordered to deposit excess collected into consumer welfare funds.
The Authority found that a Subway franchisee failed to pass on the GST rate reduction from 18% to 5% (with denial of input tax credit), having increased base prices beyond the calculable impact of denied input tax credit for numerous items; DGAP quantified the excess realization, and the Authority directed commensurate price reduction, deposit of the computed amount into consumer welfare funds with interest, potential penalty liability, and further examination of franchisor charges. (AI Summary)
Date 22 Mar 2021
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Unlawful activities designation enables government notification, fund restrictions and tribunal review with penal consequences.
The Act defines unlawful activities and unlawful associations, empowers the Central Government to notify associations as unlawful (including provisional notifications), and requires reference of notifications to an Unlawful Activities (Prevention) Tribunal possessing civil court powers to inquire, summon witnesses and evidence, and confirm or cancel declarations. The Central Government may prohibit use of funds, notify places used by unlawful associations, endorse prohibitory orders for investigation, and impose inventory and access restrictions on notified places. Penalties attach to membership, funding, use of notified places and participation in unlawful activities, with cognizability and prescribed imprisonment and fines. (AI Summary)
Date 19 Mar 2021
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Limitation for appeals under GST: appeal rejected where filing exceeded the statutory initial and extended time limits.
The AAR ruled that partially completed flats with buyers identified before GST attract prorated service tax up to the pre-GST cut-off and GST thereafter, while flats with buyers identified after GST attract GST on transaction value; the appellant appealed, but the AAAR found the appeal was filed beyond the combined 30 day period and the single additional 30 day extension under section 100, could not condone the 77 day delay, and therefore dismissed the appeal on time limitation without addressing the substantive merits. (AI Summary)
Date 18 Mar 2021
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Exemptions under Reserve Bank Act allow specified NBFC categories relief from registration, asset and reserve requirements for prepaid instrument funds.
Section 45NC empowers the Reserve Bank to exempt non-banking institutions from specified Chapter provisions; the Master Direction limits exemptions to money received for issuance of prepaid payment instruments and identifies exemptions from registration, asset-maintenance and reserve-fund requirements, and related powers. It lists eligible NBFC categories-including microfinance companies, securitisation and reconstruction companies, nidhi companies, merchant bankers under conditions, housing finance institutions, alternative investment fund entities, and core investment companies-subject to specified conditions and cross-referenced directions concerning public deposits and systemic classifications. (AI Summary)
Date 17 Mar 2021
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Threshold for registration: mixed suppliers face mandatory GST registration despite separate goods and services exemptions, prompting calls to raise the ceiling.
Threshold for registration treats mixed suppliers as subject to a single aggregate ceiling under Section 22(1), obliging registration and compliance even where separate exemption limits for goods and services would not. This mismatch means very small businesses supplying both goods and services face mandatory registration, recordkeeping and return-filing burdens despite aggregate turnovers that, if assessed separately, would fall below tax-exemption floors, so the author urges raising the registration threshold for mixed suppliers and simplifying related compliance. (AI Summary)
Author
Date 16 Mar 2021
Replies 7 Replies
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Dynamic QR code requirement for high-turnover B2C invoices: electronic payment cross-references permit deemed compliance when recorded on invoice.
Registered persons above the turnover threshold must issue B2C invoices containing a Dynamic QR Code, or an invoice will be deemed to have a QR code where a Dynamic QR is digitally displayed with a cross-reference to payment. The QR must enable digital payment and include supplier ID, payment identifiers, invoice particulars, total value and GST break-up. Deemed compliance is also achieved when the invoice records transaction cross-references (transaction id, date, time, amount and mode) or cash payment details; if payment follows invoice issuance a Dynamic QR must be provided. (AI Summary)
Date 16 Mar 2021
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Aircraft part classification: specific use fasteners qualify under the aircraft parts heading when specialised specifications and traceability exist.
Classification hinges on whether parts are for specific use in aircraft or generic use; fasteners are contended to be aircraft specific due to specialised materials (notably titanium), high performance requirements, unique manufacturing and traceability processes, manufacturer drawings and regulatory approvals, and thus support classification under the aircraft parts heading (8803/88033000), while revenue may challenge classification as generic base metal parts - making each determination a question of fact. (AI Summary)
Author
Date 15 Mar 2021
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State consumer commission jurisdiction and remedies clarified, detailing filing, mediation, testing, powers, enforcement and penalties.
The State Consumer Disputes Redressal Commission is established by State notification with a President and members; it has jurisdiction over specified consumer complaints and appeals from District Commissions. Complaints must be instituted within prescribed territorial limits and limitation periods, accompanied by prescribed fees credited to the Consumer Welfare Fund. On admission the Commission may direct mediation, require sampling and laboratory analysis for goods, and proceed on evidence or ex parte for services. It has civil court powers to summon witnesses, compel production, requisition reports and issue orders granting remedies including repair, replacement, refund, compensation, punitive damages, corrective advertising, and cessation of hazardous or misleading practices, with enforcement as a court decree and penalties for non compliance. (AI Summary)
Date 15 Mar 2021
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Incentive deduction for additional employment should extend to professionals and small businesses without audit barriers.
Section 80JJAA's employment incentive should be liberalised so professionals who start practice and employ others qualify as undertaking an adventure in the nature of commerce and thus be eligible for the deduction irrespective of low turnover or audit-linked thresholds; complex conditions and procedural barriers should be simplified to enable small businesses and professionals who create and train new employees to access the benefit. (AI Summary)
Date 15 Mar 2021
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RSP-based valuation for tobacco risks being ultra vires; revise abatement to align excise with factory-gate transaction value.
The article examines the post GST dispute over whether excise/NCCD on chewing tobacco should be valued by transaction value at factory gate or by RSP based valuation preserved via an earlier notification; it argues the unchanged 55% abatement cannot absorb combined excise, NCCD and GST compensation cess burdens, rendering the RSP abatement arbitrary and incompatible with excise valuation principles, and recommends revising the abatement to about eighty percent or adopting uniform transaction value assessment. (AI Summary)
Date 11 Mar 2021