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GST portal upgrades and return auto matching streamline input tax credit reconciliation and simplify compliance procedures.
The GSTN has implemented portal upgrades restoring historic returns, fixing registration and amendment defects, improving composition scheme filings (CMP 02/CMP 04), disabling erroneous deemed approvals, and providing an offline GSTR 4 JSON tool. Concurrently, returns are being enhanced with auto population and an inbuilt invoice matching mechanism for determining input tax credit, and smaller taxpayers are being considered for quarterly summary GSTR 3B filings to simplify compliance. (AI Summary)
Date 20 Aug 2020
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Composite supply of health care: medicines and consumables to in patients treated as ancillary to exempt health care service.
Medicines, implants, stents and consumables supplied to or administered to admitted patients through the hospital's in patient pharmacy are integral to diagnosis and treatment and constitute ancillary elements of a composite supply whose principal supply is exempt health care service; accordingly such in patient supplies are not separately taxable, while supplies to out patients remain taxable. (AI Summary)
Date 19 Aug 2020
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Arbitrator independence: disclosure and ineligibility rules require written disclosures and permit challenges leading to disqualification.
Arbitrators must disclose in writing any circumstances likely to give rise to justifiable doubts about their independence or impartiality and any constraints on their availability to complete arbitration within twelve months. From appointment and throughout proceedings they must promptly update parties of such circumstances. Challenges to an arbitrator are limited to circumstances creating justifiable doubts or lack of agreed qualifications, and certain specified relationships, interests, prior services or familial ties render a person ineligible unless expressly waived by the parties. (AI Summary)
Date 19 Aug 2020
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Value of supply: recipient-provided fuel must be included in taxable service value under value determination rules.
Recipient provided HSD used in performance of a mining and transport contract is an essential and integral component of the contracted service; accordingly, under the valuation rule that requires addition of any amount the supplier is liable to pay but which has been incurred by the recipient, the value of the free HSD must be included in the taxable value of the supplier's service. (AI Summary)
Date 18 Aug 2020
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Input tax credit refund: allowance for input services ITC in inverted duty cases expands refundable ITC scope.
The statute provides refund of unutilized input tax credit under an inverted duty structure for all ITC categories including inputs, input services and capital goods; an implementing rule limits refund to inputs only. A High Court read down that rule to permit refund of input services ITC as being inconsistent with the statute, and the court's reasoning may be extended to capital goods and to analogous refunds for zero-rated supplies under LUT. Taxpayers are advised to include all ITC when claiming refunds and to pursue amendments or appeals where administrative practice excludes service or capital goods credits. (AI Summary)
Date 18 Aug 2020
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E-invoice requirement: notified taxpayers must obtain an IRN and QR-coded signed e-invoice after prescribed data validation.
E-invoice compliance requires notified taxpayers to generate a unique Invoice Reference Number (IRN) for outward tax invoices, debit notes and credit notes. IRN generation is available via offline upload or system-to-system API (through GSPs or direct integration); taxpayers upload complete invoice details in the prescribed format, the system validates and returns a digitally signed e-invoice with IRN, acknowledgement, date and a QR code. The QR code contains supplier and recipient GSTINs, supplier invoice number, invoice date, invoice value, line item count, principal item HSN and the IRN hash. (AI Summary)
Date 18 Aug 2020
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Arrival and Departure Manifests require advance electronic cargo reporting with unique cargo identifiers enabling end to end track and trace.
The Regulations replace earlier vessel manifest rules with mandatory electronic Arrival and Departure Manifests and transshipment filings, require submission of detailed cargo data including invoice value and an eight digit harmonised code prior to sailing or departure, and introduce stakeholder obligations (Authorized Sea Carrier/Agent, Terminal Operator, Custodian) plus unique cargo identifiers (PCIN and MCIN) to enable aggregation, segregation, reuse of cargo data, risk assessment and end to end track and trace. (AI Summary)
Author
Date 17 Aug 2020
Replies 1 Reply
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Late fee waiver and interest concessions tied to preceding-year turnover; timely filing required to avail relief measures.
Relief measures for GST returns Feb-Aug 2020 are limited to late fee waiver and interest concessions, not general due date extensions. Eligibility depends on PAN wide aggregate turnover in the preceding year (different base years for Feb-Mar and Apr onward), state group classification, and actual filing of returns (mere tax deposit insufficient). Notifications set specific waiver periods, concessional interest windows, form specific treatment, and a nil late fee for nil returns. (AI Summary)
Date 17 Aug 2020
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Profiteering under GST confirmed for failing to pass rate reduction; deposit to consumer welfare fund and interest ordered.
Alleged failure to pass on GST rate reduction to recipients under Section 171 CGST led to a DGAP probe which found that the respondent maintained or increased base prices for specified LED TVs and power banks despite the tax cut, producing an aggregate higher sales realization quantified as the profiteered amount. The Authority applied Rule-based methodology to determine the total profiteered sum, directed commensurate price reductions, ordered deposit of the amount into the Consumer Welfare Fund with interest because recipients were unidentifiable, and noted potential penalty liability under the statute. (AI Summary)
Date 17 Aug 2020
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Appointment of arbitrators: statutory scheme enables designation where agreed appointment procedures fail, with prescribed application requirements.
The Chief Justice of India Scheme implements section 11(4), 11(5) and 11(6) of the Arbitration Act by providing a written-application procedure for appointing arbitrators where parties' appointment mechanisms fail, requiring the arbitration agreement, party and arbitrator details, qualifications, dispute summary, relief sought and affidavit of compliance; the Chief Justice may act or designate a person or institution, seek further information, reject deficient applications, withdraw designations, communicate appointments and charge prescribed costs, and retains final interpretive and amendment authority. (AI Summary)
Date 14 Aug 2020
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E invoice compliance requires mandatory IRN obtained via portal validation to validate tax invoices and required fields.
E invoice compliance requires eligible taxpayers to transmit prescribed invoice data to the Invoice Registration Portal so the NIC portal can validate supplier and recipient identifiers, document type and number, invoice date, itemised details, supply type, total taxable and invoice values and then generate a unique Invoice Reference Number (IRN); absence of the IRN renders a tax invoice invalid and the portal will return errors for incomplete or incorrect submissions. (AI Summary)
Date 14 Aug 2020
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Income tax return filings Apr-Jul 2020 fell sharply for most individual forms; corporate/institutional returns rose.
The document reports form wise, category wise and State/UT wise statistics of income tax returns filed between 01.04.2019 and 31.07.2020, showing large year on year declines in filings through July 2020 for most individual ITR forms, increased filings in ITR 6 and ITR 7, and attributes reduced July volumes to the statutory filing deadline extension to 30.11.2020; tables detail e filing counts, income bands, and state filings, with the e filing portal as data source. (AI Summary)
Date 13 Aug 2020
Replies 4 Replies
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Advance Ruling in GST clarifies pre litigation interpretive mechanism and appellate pathway for taxpayers seeking certainty.
Advance rulings under GST allow taxpayers to obtain formal interpretation of tax liability and application by filing an application with supporting materials; the Authority for Advance Ruling issues orders and aggrieved applicants may appeal to the Appellate Authority for Advance Ruling. Published orders are available on the GST Council portal with search filters by State, applicant, question or year, providing accessible guidance to reduce compliance uncertainty and inform taxpayer decision making. (AI Summary)
Date 13 Aug 2020
Replies 1 Reply
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Offline retail payments pilot to expand access; mandated ODR and positive pay to strengthen payment security.
RBI announced a pilot for Offline Retail Payments to enable small value transactions without continuous internet, mandated phased Online Dispute Resolution systems for Payment System Operators to address failed digital transactions, introduced a Positive Pay mechanism within the Cheque Truncation System to curb cheque fraud for higher value instruments, and will set up an Innovation Hub to foster technology innovation across payment services, cybersecurity and consumer protection. (AI Summary)
Author
Date 11 Aug 2020
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Product classification of poultry meal and poultry fat confirms differing HSN classifications and distinct GST rates under tariff notifications.
The Authority ruled that processed chicken remnants whose original characteristics are lost and supplied as an ingredient for animal feed are not classed as direct animal feed but as meat/meat offal flours and meals, resulting in classification of poultry meal under the tariff description for flours and meals of meat and application of the GST rate tied to that heading. Poultry fat, being an extracted rendered by product, is classifiable as rendered animal fat under the tariff heading for such fats and attracts the GST rate linked to that tariff entry. (AI Summary)
Date 11 Aug 2020
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Transition credit: administrative transfer to electronic credit ledgers urged to prevent time limit disputes.
Procedural rigidity over filing transitional credit declarations has produced conflicting High Court rulings and litigation; instead of insisting on strict compliance with time limits, authorities could have transferred amounts reported in returns up to the migration cutoff directly into taxpayers' Electronic Credit Ledgers, using available departmental data and administrative validation, thereby avoiding repeated retrospective amendments, special remedial rules, and protracted court disputes. (AI Summary)
Author
Date 10 Aug 2020
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Works contract classification vs supply of goods: predominant goods value and lack of immovable construction affects GST treatment.
The Maharashtra AAR concluded that a contract predominantly comprising high-value equipment supply with ancillary installation and services does not qualify as a works contract because there was no construction of immovable property and civil works were insignificant; this conflicts with other AARs that treated similar arrangements as works contracts, raising issues about separate consideration, removability of installed equipment, cross-breach between supply and services contracts, and the definition of immovable property under GST. (AI Summary)
Author
Date 10 Aug 2020
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GST portal help resources streamline taxpayer access to software lists, GSP directories, guides, grievance portal and system requirements.
The GST Portal's "Help and Taxpayer facilities" menu includes Taxpayer Services-an empanelled list of accounting and billing software, a directory of GST Suvidha Providers, and navigational links to portal functions-and Help Items-user guides, videos, FAQs, a Grievance Redressal Portal, advisories, system requirements guidance, webinars, an error-code glossary, and nodal officer contact links to support taxpayer compliance and portal usage. (AI Summary)
Date 10 Aug 2020
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Transitional credit entitlement under GST extended by limitation principles; retrospective amendment introduced and higher forum stayed that extension.
The court treated the rule fixing a short filing window for GST transitional credit as procedural and directory and applied the Limitation Act to allow taxpayers to file TRAN 1 claims within three years; it directed acceptance and processing of manual or online submissions but the decision was later met by a retrospective statutory amendment and stayed pending higher court adjudication. (AI Summary)
Author
Date 08 Aug 2020
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Independence of interim resolution professional: pension from proposing creditor alone does not disqualify, substitution allowed on justified bias.
The Code requires appointment of an interim resolution professional on the insolvency commencement date and continuity of the IRP until a resolution professional is appointed under section 22; the committee of creditors may confirm or replace the IRP. While the Code lacks an explicit provision empowering Adjudicating Authorities to replace an IRP, eligibility hinges on independence and absence of disciplinary proceedings. The Appellate Tribunal held that pension receipt alone does not disqualify an IRP, but upheld substitution where the corporate debtor's apprehension of bias was justified by the nominee's past long association with the proposing creditor. (AI Summary)
Date 08 Aug 2020