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Input tax credit reform: taxing exempt supplies would let suppliers claim credits and can reduce consumer prices.
Suppliers supplying exempt goods bear embedded tax on purchases because they cannot utilise input tax credit, which increases the cost of final goods; by contrast, GST's unified input credit across goods and services and interstate transactions reduces cascading taxes and can lower final prices, benefiting consumers, while GST Council adjustments and public awareness facilitate pass-through of such benefits. (AI Summary)
Date 08 May 2020
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Centralised training for indirect-tax officers enables cost savings, nationwide faculty access and sustained interregional learning.
The author advocates replacing dispersed regional classroom training for indirect tax officers with a centralised online training model from NACEN/NACIN to cut recurring infrastructure and rental expenditures, pool top departmental and external faculty nationwide, restore interregional interaction lost after decentralisation, provide recorded deliberations as practical references for field officers and assesse es, and thereby achieve fiscal prudence and capacity building during and after the COVID-19 disruption. (AI Summary)
Date 08 May 2020
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Insolvency commencement date clarified and collective-filing, moratorium protections, and post-CIRP management rules strengthened.
The Amendment defines the insolvency commencement date as the date of admission of a CIRP application, imposes collective-filing requirements for specified classes of financial creditors and real-estate allottees with a mechanism to modify pending applications, clarifies that excluded corporate debtors may initiate proceedings against other corporate debtors, protects licences and critical supplies during moratorium subject to current dues, requires appointment of the interim resolution professional on the commencement date, extends the resolution professional's management post-CIRP until plan approval or liquidation, and limits action against corporate debtor liability and property for pre-CIRP offences where a resolution plan effects change of control while preserving individual liability and investigatory assistance. (AI Summary)
Date 07 May 2020
Replies 1 Reply
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Under-reporting of income: discretionary penalty framework replaces concealment standard and separates misreporting for heightened sanction.
The statute substitutes the earlier dual-charge penalty with a single framework focused on under-reporting of income and an aggravated category of misreporting of income. Penalty arises where assessed or reassessed income exceeds amounts determined on processing or in return, in assessments after non filing, by deemed income provisions, or where assessed income converts declared losses. The provision prescribes methods to quantify under reported income, identifies exclusions including bona fide explanations and compliant transfer pricing adjustments, and lists defined acts constituting misreporting, while preserving prosecutorial discretion and noting interactions with separate search related penalty provisions. (AI Summary)
Author
Date 07 May 2020
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Tax and fiscal relief measures urged to support healthcare expansion, wage protection and business continuity during the pandemic.
Recommend immediate fiscal and administrative interventions including rapid expansion of medical infrastructure and personnel, nationwide funding for testing and treatment, mandatory diversion of CSR funds to pandemic response, fiscal incentives for corporate contributions, wage support measures and a temporary tax holiday or moratorium to preserve employment, liquidity and business continuity. (AI Summary)
Date 07 May 2020
Replies 2 Replies
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Appeals decided on written submissions and paper books allow merits-based relief without requiring appellant's physical presence at hearing.
Tribunal allowed the appeal on merits after careful consideration of a 216 page paper book and written submissions despite appellant's absence. The Tribunal rejected AO's additions on long term capital gains from sale of rural agricultural land and valuation uplift by stamp authority, and treated director-company mutual accommodation transactions as not giving rise to deemed dividend on the facts and records presented. The author urges permitting appeals to be decided on written submissions and indexed paper books and expanding e proceedings. (AI Summary)
Date 06 May 2020
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Concessional corporate and individual tax regimes trade lower rates for surrender of many deductions, requiring case by case choice.
Two optional concessional corporate tax regimes provide lower fixed rates but bar numerous specified deductions and remove MAT applicability, making the election depend on whether chapter VI incentives apply; for individuals/HUFs an alternative slab structure offers lower rates only if the taxpayer forgoes a broad list of exemptions and deductions, with certain carryforward losses lapsing and TDS concessions available only upon employee intimation, so choice requires case specific computation. (AI Summary)
Author
Date 06 May 2020
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GST refund fraud alert: use only the official GST portal for refund claims and avoid phishing links.
The alert warns taxpayers of phishing schemes and fraudulent websites impersonating GST services to extract personal, bank and KYC information, and instructs that refund claims and other GST transactions must be made only through the official portal www.gst.gov.in; GSTN never requests such details via email, WhatsApp, SMS or third-party sites, and taxpayers should avoid clicking links, opening attachments or responding to messages while using the GST helpdesk for queries. (AI Summary)
Author
Date 06 May 2020
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FCRA registration requirement: NGOs must secure authorization before receiving foreign funding and comply with reporting and utilization rules.
FCRA requires trusts, societies and Section 8 companies to obtain either registration or prior permission before receiving any foreign contribution; registration generally requires statutory existence, a minimum period of activity with audited accounts and prescribed expenditure history, while prior permission permits receipt of a specified amount from a specified donor for specified activities. Applicants must satisfy character and conduct conditions, ensure acceptance does not prejudice national interests or public order, provide prescribed documents via Form FC-3, maintain a dedicated foreign contribution bank account and file annual returns in Form FC-4; authorities may conduct field enquiries and may suspend or cancel registration for noncompliance. (AI Summary)
Author
Date 06 May 2020
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Refund under GST: circular clarifies cross financial year claims, proportional credit re credit rules, and GSTR 2A invoice requirement for accumulated ITC.
Circular No. 135/05/2020-GST removes the restriction on filing consolidated refund claims across financial years; clarifies that accumulated ITC caused by temporal rate changes on identically classified input and output does not qualify for inverted duty refunds; mandates proportional refund disbursal to the original payment source with ITC re credited via Form GST PMT-03 and cash paid via Form RFD-06; and restricts refunds of accumulated ITC to invoices reflected in the applicant's GSTR-2A, while requiring HSN/SAC details in Annexure B where available. (AI Summary)
Author
Date 05 May 2020
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Extension of regulatory return timelines: limited delay permitted for specified financial entities, excluding statutory returns and CRR/SLR.
The Reserve Bank of India has permitted specified regulated entities to submit certain regulatory returns with a limited delay to mitigate COVID 19 disruptions, while explicitly excluding statutory returns required under the Banking Regulation Act, the RBI Act or other statutes. The circular lists each eligible return with its referencing guidance, applicable entities, reporting frequency and the alternate maximum submission window, preserving substantive reporting obligations and requiring continued compliance with timelines for excluded statutory returns. (AI Summary)
Author
Date 05 May 2020
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Import Export Code requirement enables exporters and importers to transact internationally and access export-import benefits.
Import Export Code (IEC) is a permanent 10 digit trade registration required for importers and exporters to clear customs, remit or receive foreign currency, and access export-import benefits. IEC is obtained via an online application with mandatory bank and address proof uploads; if address proof is not in the firm name, a no objection certificate is required. Digital signature, PAN copy, and photograph are no longer required. IEC carries lifetime validity, requires no renewal or periodic returns, and is advised after incorporation. (AI Summary)
Author
Date 05 May 2020
Replies 2 Replies
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Zero-rated supply turnover rule revised, altering refund calculations and requiring supplier declarations affecting export refund claims.
Amendments require correction of SB005 invoice mismatches to unblock IGST refunds; redefine turnover of zero-rated supply of goods for refund calculations limiting turnover to the lesser of LUT value or 1.5 times domestic like-goods value on self-declaration; mandate repayment of export refunds if export proceeds are not realised within the FEMA realisation period unless written off; restrict refundable ITC to invoices reflected in GSTR-2A; and require HSN/SAC reporting in refund Annexure B, prompting supplier filing and ERP updates. (AI Summary)
Author
Date 05 May 2020
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Concessional income tax option introduced for individuals and HUFs, subject to specified deduction and exemption exclusions and filing rules.
Section 115BAC introduces an elective concessional tax regime for individuals and HUFs for assessment years beginning on or after 1 April 2021, applicable only if the taxpayer exercises the option within prescribed time limits. The option mandates computation of total income without a wide list of specified exemptions, deductions and set-offs (including numerous Chapter VI-A benefits, specified salary and house property deductions, investment-linked incentives and certain depreciation allowances), precludes subsequent set-off of losses or depreciation attributable to those disallowed items, and requires prescribed transitional adjustments to written down values. Invalidity follows failure to satisfy the conditions. (AI Summary)
Date 04 May 2020
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Write-off of unrealized export bills: procedural limits, documentation and EDPMS reporting to avoid caution listing.
Procedures govern the write-off of unrealized export bills, permitting self-write-off or bank write-off within prescribed percentage limits of prior year realised export proceeds, subject to complete documentary evidence of uncollectibility (insolvency, untraceability, destruction of goods, mediation failure, or disproportionate legal costs). Banks must report write-offs via the Reserve Bank's Export Data Processing and Monitoring System (EDPMS), obtain Chartered Accountant certification for self-write-off applications, ensure surrender of export incentives, adjust write-offs where ECGC/insurance settlements apply, perform audit checks, caution-list exporters for prolonged open bills or investigations, and refer exceptional cases to the RBI. (AI Summary)
Author
Date 04 May 2020
Replies 3 Replies
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Plant and Machinery classification determines eligibility for input tax credit on works contracts; fixation and foundations are decisive.
Section 17(5) disallows ITC for works contracts and goods/services used to construct immovable property, except where such construction relates to plant and machinery. The Explanation defines plant and machinery as apparatus, equipment and machinery fixed to earth by foundation or structural support and includes those foundations/supports while excluding land, buildings and other civil structures. Accordingly, goods and works contracts that result in fixed apparatus/equipment/machinery qualify for ITC; by contrast civil construction and installed building components ordinarily do not. (AI Summary)
Author
Date 04 May 2020
Replies 4 Replies
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Base erosion and profit shifting exploited via tax havens prompting anti avoidance measures and interest deduction limits.
Multinational groups shift profits to low tax jurisdictions by routing sales and income through offshore subsidiaries and increasing deductible intragroup charges so as to reduce the taxable base in high tax countries; this practice is addressed under the Base Erosion and Profit Shifting framework and by domestic anti avoidance measures, including interest stripping rules aligned with BEPS recommendations. (AI Summary)
Date 04 May 2020
Replies 1 Reply
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Input tax credit entitlement: whether belated return filing defeats credit depends on statutory supersession versus time limit rules.
A central dispute is whether ITC must be reversed for late filing. One position holds that Section 16(2)'s four conditions, prefaced by a notwithstanding clause, exhaust statutory eligibility so that belatedly furnished or rectified returns still permit ITC from the date of purchase and rules cannot add conditions. The contrary position treats legislatively prescribed time limits and related provisions as substantive eligibility conditions that can bar later claims of ITC, making reversal proper where temporal requirements are not met. (AI Summary)
Author
Date 02 May 2020
Replies 15 Replies
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Compliance relaxations for corporate filings sought to extend procedural deadlines and permit electronic alternatives amid lockdown disruptions.
Request seeks temporary procedural relaxations under the Companies Act by exempting dispatch of physical annual reports in favor of website publication, permitting restricted board matters to be passed by circular resolution where video conferencing is impractical, and extending or suspending statutory timelines for dividend transfer and payment, CSR spend deadlines, transfers to the Investor Education and Protection Fund, and various charge, filing and MSME reporting forms, citing lockdown related disruptions to banking, postal, digital signatures and accounting processes. (AI Summary)
Author
Date 02 May 2020
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Deduction under Section 43B(f) now allowable only on actual payment, limiting mercantile accounting claims for leave encashment liabilities.
The provision requires that deductions for leave encashment be allowed only on actual payment rather than on mere provision, thereby restricting mercantile accounting autonomy for tax computation. The legislative amendment operates prospectively to regulate the timing of deductions without altering the underlying liability's character, and such a regulatory measure falls within legislative discretion to protect public revenue and align with other specified deduction requirements. (AI Summary)
Author
Date 01 May 2020