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Inspection and search powers under GST: written authorisation, seizure inventory, and release on bond or security.
Section 67 and rules empower officers at or above Joint Commissioner to authorise inspection by INS 01 where objective reason to believe exists for suppressed supplies, stock, excess ITC claims or evasion via transport or warehousing; no prior notice is required. Search and seizure may follow inspection or be ordered separately where goods liable to confiscation or relevant documents are secreted; search uses INS 01, seizure is recorded in INS 02, custody alternatives use INS 03, release on bond or security, perishable goods released under INS 05, and time limits apply for return or release. (AI Summary)
Date 18 Apr 2020
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Restriction on export with payment of tax limits EOUs using duty-free imported capital goods from opting to pay IGST and claim refunds
Restriction on the option of export with payment of tax applies to goods manufactured using imported inputs or capital goods brought in under duty- and tax-exemption; EOUs using such duty-free capital goods (other than those under EPCG) cannot opt to pay IGST and compensation cess and claim refunds, whereas capital goods under EPCG are eligible for the export-with-payment exception, and a later explanation permitting IGST/CC payment where only basic customs duty was exempted does not extend to these EOUs. (AI Summary)
Author
Date 18 Apr 2020
Replies 1 Reply
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Slip of the tongue: prioritize context and clarification over criticism to avoid politicizing inadvertent speech errors.
Slip of the tongue commonly results from neuropsychological factors, anticipation or reversal of sounds, word-selection mistakes, age, stress, long or extempore speech, and transcription software errors. Public utterances should be interpreted in their full context, prioritising speaker intent and circumstances. Rather than derision or politicization, audiences and media should request clarifications to resolve ambiguity and avoid amplifying inadvertent errors into controversy. (AI Summary)
Date 18 Apr 2020
Replies 3 Replies
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Transfer as going concern exempt from GST when an operating business, with assets and liabilities, is sold intact for continuation.
A Business Transfer Agreement transfers a going concern by conveying assets, liabilities, contracts, employees and related items so the purchaser can carry on the same business; where (i) assets are sold as a business operated as a going concern, (ii) the purchaser intends to continue the same business, (iii) a partial transfer is separately operable, and (iv) there is no series of immediate transfers, the transfer qualifies as a going concern and falls within the exemption under Notification No. 12/2017-Central Tax (Rate). (AI Summary)
Date 18 Apr 2020
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Companies Fresh Start Scheme benefits: immunity for late filings and fee waivers, but director disqualification is not cured.
The Companies Fresh Start Scheme, 2020 and the LLP Modified Settlement Scheme, 2020 allow one time regularisation of belated statutory filings by companies and LLPs with immunity from prosecution limited to delays in filing specified documents; they provide additional fee waivers for enumerated e forms during the schemes' currency, set procedural requirements for struck off or liquidated entities (including NCLT revival where applicable), do not cure director disqualifications, permit DIR 3 KYC reactivation without the usual fee where directors are not otherwise disqualified, and preserve particular conditionalities (such as condonation requirements for MGT 14 and restrictions on certain charge filings). (AI Summary)
Author
Date 18 Apr 2020
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GST on director remuneration: companies liable to pay under reverse charge for services rendered by directors.
Payments made by a company to its directors for services rendered are taxable under GST with the director as supplier and the company as recipient; the company is liable to discharge GST under the Reverse Charge Mechanism. The AAR's finding is binding on the applicant only, challengeable through available appellate channels, and has persuasive but not binding precedent value. (AI Summary)
Author
Date 17 Apr 2020
Replies 4 Replies
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Targeted food subsidy reform: increase concessional rations, tighten eligibility, and reserve free relief for the most vulnerable.
The author urges recalibration of emergency food relief by increasing concessional ration quantities to meet a substantial share of basic dietary needs, reserving fully free supply for defined vulnerable groups, and tightening eligibility through exclusions for households with regular income above a threshold, certain landholders, and families with alcohol dependence. He highlights uneven state entitlements and gaps in public information, and recommends accompanying measures to promote self-reliance and dignity to limit long-term subsidy dependence. (AI Summary)
Date 17 Apr 2020
Replies 2 Replies
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Transfer of business as a going concern: transaction treated as a GST exempt supply under the going concern notification.
The Authority analyzed whether the transfer of land, under construction flats and approved development plan to a purchaser intending to carry on the same construction and sale business constituted a transfer of business as a going concern. Relying on the CGST Act definition of "business" and functional indicators (assets forming a business, purchaser's intent, separable operation, and no consecutive transfers), and on the sale deed showing transfer of the project as a whole with approvals, the Authority treated the transaction as a supply covered by the notification for services by way of transfer of a going concern and exempted it from GST. (AI Summary)
Date 17 Apr 2020
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GST compliance relief and procedural changes recalibrate ITC refund rules and introduce export proceeds recovery safeguards.
Notifications and circulars in March-April 2020 provided COVID related blanket extensions of statutory time limits under the new power while excluding specific provisions; imposed turnover based conditional waivers and reduced interest for delayed returns; tightened refund and ITC rules by restricting refundable ITC to invoices reflected in supplier GSTR 1/GSTR 2A and mandating proportional refund by original payment mode with re credit mechanisms; introduced recovery where export proceeds are not realised; and amended registration Aadhaar authentication and capital goods ITC attribution and reversal mechanisms. (AI Summary)
Author
Date 17 Apr 2020
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Electronic signature requirement: authenticated electronic invoices must meet IT Act standards to support input tax credit claims.
An electronic tax invoice will meet GST documentary requirements only if it is authenticated by a signature or digital signature that conforms to the Information Technology Act's reliability and security standards; mere remarks that a software generated invoice does not require a signature or use of scanned signature images do not establish the necessary authentication for claiming Input Tax Credit, whereas an invoice issued and authenticated in accordance with the IT Act and supported by the evidentiary presumptions in the Evidence Act may be admissible. (AI Summary)
Author
Date 16 Apr 2020
Replies 1 Reply
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E-way bill requirement for goods movement mandates distance based validity, amendment rules, and penalties for noncompliance.
The E-way bill regime requires registered persons causing movement of goods above the prescribed value to generate an e way bill; exceptions include principal to job worker interstate movements. Validity is distance based, extendable for exceptional events, and the document comprises non amendable Part A and amendable Part B. One e way bill per invoice is allowed; multi vehicle, SKD/CKD/lots and sales return procedures are provided. Goods' value must be entered; special rules apply to bill to/ship to and bill from/dispatch from. Verification channels, penalties for noncompliance and system blocking for return non filing are specified. (AI Summary)
Author
Date 16 Apr 2020
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GST on donations: specific purpose or business linked donations can attract GST when payment is linked to supply.
GST hinges on whether a donation constitutes a supply and involves consideration or business nexus. Cash donations to funds are not supplies. Donations in kind by businesses are taxable if goods were business assets with input tax credit (Schedule I) or supplied at concessional rates in the course of business; input tax credit depends on whether tax is paid and section 17(5) restrictions. Donations raised from the public earmarked for supplying goods create consideration from third parties and may be taxable on aggregate value. Charitable organisations' general donations without nexus are not taxable, but specific direction donations and COVID related supplies fall outside the limited charitable exemption and remain taxable. (AI Summary)
Author
Date 16 Apr 2020
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Transfer of input tax credit: asset based apportionment applies across reorganisations and ITC transfer depends on ledger balance at filing.
The circular extends the asset based apportionment formula to all business reorganisations, requires asset proportions to be determined at each GST registration, and mandates filing Form GST ITC-02 only where both transferor and transferee are registered in a state. The apportionment applies to the total unutilized ITC, with transferors free to allocate among tax heads within available balances. The relevant date for computing transferable ITC is the electronic credit ledger balance on the date of filing ITC-02; for demergers, the asset ratio is as of the appointed date. (AI Summary)
Date 15 Apr 2020
Replies 2 Replies
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GST compliance extensions: credit note and refund voucher procedures permit adjustment or refund of tax for cancelled supplies.
Suppliers must issue a credit note for cancelled supplies where an invoice was issued and declare it in the return to adjust output liability; if no output liability exists, file FORM GST RFD-01 for excess payment. Where GST was paid on advances without invoice for cancelled events, issue a refund voucher and apply via FORM GST RFD-01. Zero-rated supplies may continue under LUT provided the LUT and FORM GST RFD-11 for the year are furnished by the extended deadline, and TDS deposit and GSTR-7 filing dates falling in the affected period are likewise extended without interest if complied within the extended timeframe. (AI Summary)
Date 15 Apr 2020
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GST on director remuneration: employment status determines whether services are excluded or attract reverse charge applicability.
Whether GST applies to director remuneration depends on characterisation of the director-company relationship: if the director renders services in an employer-employee capacity those services are excluded from supply and not taxable; if no employment nexus exists (as with independent, non executive or nominee directors) the payments are not excluded and may be taxable under the reverse charge mechanism per the notification on directors' services. (AI Summary)
Date 15 Apr 2020
Replies 1 Reply
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Vehicle detention under GST: officers may verify e-way bills and detain goods pending compliance or confiscation proceedings.
Proper officers may intercept and inspect conveyances to verify e-way bills and prescribed documents; detention and seizure of goods, conveyances and documents are authorised for transport or storage in transit in contravention of the law. Officers must follow prescribed forms and portal reporting for statements, physical verification, detention orders and final reports. Owners may secure release by paying tax and prescribed penalties or by furnishing bond and security; failure to discharge liabilities within the prescribed period may lead to notice of confiscation, fines subject to statutory limits, transfer of ownership to the State on confiscation, and requirement of opportunity to be heard. (AI Summary)
Author
Date 15 Apr 2020
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Subsidy relinquishment urged to curb misuse and restore fiscal equity while targeting assistance to genuinely needy individuals.
The author urges voluntary and selective relinquishment of government subsidies (LPG, CNG, kerosene, ration, certain railway concessions) by those who can afford to do so, arguing that unnecessary subsidy acceptance undermines self esteem and wastes public resources. He proposes compulsory disentitlement for identifiable, better off groups (for example, residents of pucca houses or households above an income threshold) and expanded mechanisms to enable waiver, noting that subsidy schemes create market distortions, administrative burdens, and opportunities for rent seeking. (AI Summary)
Date 14 Apr 2020
Replies 1 Reply
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Taxability of transportation of goods under GST varies by mode, credit eligibility, and cross border customs treatment.
Taxability of transportation of goods under GST varies by mode and service structure: several non-road modes are taxable at specified rates with concessional rates where input tax credit is disallowed and higher rates permitting credit. Multimodal transport is taxable with full input tax credit. Cross-border carriage to or from the customs station has distinct treatment-air transport to customs is exempt while vessel carriage to customs is taxable with a deemed valuation rule when taxable value is unavailable. Certain goods transported by rail or vessel are exempt. Renting of transport vehicles with operator and without operator are separately classified and taxed. (AI Summary)
Author
Date 14 Apr 2020
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GST on directors' remuneration: company may bear reverse charge liability for services rendered by directors, subject to factual employment status.
GST treatment hinges on whether payments to directors constitute consideration for services by directors to the company and on employment status. Reimbursements to employees are not taxable. The AARs held that payments to directors fall under Notification No. 13/2017 and attract GST under reverse charge, even where directors receive salary and statutory benefits, leaving factual employment determination decisive. (AI Summary)
Date 14 Apr 2020
Replies 2 Replies
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Insolvency protection measures and moratoriums reshape creditor remedies, affecting restructuring, NPAs, and asset transfers under IBC.
Regulatory responses to the COVID 19 lockdown include tax and GST procedural relaxations, financial packages, RBI liquidity and rate measures, and lender moratoriums providing temporary relief; an increased default threshold reduces MSME exposure under the Insolvency and Bankruptcy Code. Structural weaknesses-large informal workforce, poor health infrastructure, low financial literacy, cash based transactions, and compliance reluctance-impair implementation. Opportunities include labour registration, social security reform, digitalisation, and import substitution, while threats comprise rising NPAs, opportunistic asset acquisitions under IBC, Force Majeure misuse, employer liabilities, and tightened bank credit. (AI Summary)
Author
Date 14 Apr 2020