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Profiteering by raising pre-tax prices after a GST rate cut denies consumers the statutory benefit and triggers enforcement.
The NAA found that by increasing the base price after a GST rate reduction the supplier engaged in profiteering contrary to section 171. Using rule 133(1), the profiteered amount was quantified and the authority directed price reduction, deposit of the profiteered sum with interest, refund to the identifiable complainant with interest, and transfer of the remaining unidentifiable amounts to consumer welfare funds. Incorrect invoicing was held to attract penal consequences under the CGST Act. (AI Summary)
Date 26 Dec 2019
Replies 1 Reply
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Seizure and provisional release of goods: follow statutory bond and security procedure rather than bypassing prescribed release rules.
Seizure and provisional release of goods under GST is governed by statutory inspection, search and seizure powers, with provisional release on execution of a bond and furnishing of security or on payment of applicable tax, interest and penalty. The rules prescribe bond and bank guarantee requirements, procedures for perishable goods, timelines for return or disposal, and related inventory and disclosure obligations. Judicial or other orders that exempt owners from complying with the prescribed bond, security or payment conditions are inconsistent with the statutory release mechanism and authorities must process release claims in accordance with the Act and rules. (AI Summary)
Date 25 Dec 2019
Replies 1 Reply
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Forms cannot override statute; where forms are deficient, claims may be submitted by alternate computations or attachments.
Forms and rules prescribed under a primary statute are subordinate and must conform to the parent enactment; they cannot curtail rights or alter statutory entitlements. If a prescribed form or its electronic design does not permit an authorised claim or correct presentation of data, the claimant should use alternative lawful means-such as separate computations, annexures, written notes or accompanying documents-to record the claim, since the form cannot control the interpretation or operation of the statute. (AI Summary)
Date 25 Dec 2019
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Restriction on Input Tax Credit reduced tightens ITC claims, affecting compliant taxpayers; lotteries taxed uniformly and filing waivers eased.
The 38th GST Council meeting adopted measures including a restriction on claimable input tax credit via a lowered cap on mismatched credits, imposition of a uniform tax rate on lotteries, waiver of penalties and late fees for certain return filings with an extended filing deadline, establishment of a complaint redressal mechanism, and exemption for upfront payments on specified long term leases where the government holds significant stake. (AI Summary)
Date 24 Dec 2019
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VAT/CST writ petition delayed over 18 years exposes procedural causes and calls for stricter scheduling.
A VAT/CST writ petition filed in 2001 contesting a reassessment notice dated 06-06-2001 lay largely unlisted and unheard for over 18 years until concentrated listing and hearings in December 2019 led to prompt disposal. The delay is attributed to liberal adjournment practice, inadequate cause list notice, and limited registry monitoring; recommended responses include stricter case monitoring, reasonable advance notice for hearings, limits on adjournments, and proactive requests by parties for fixation. (AI Summary)
Date 23 Dec 2019
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Eligibility exclusion based on final hearing bars filings under the SVLDRS scheme, causing classification deadlock.
The SVLDRS framework excludes matters where a final hearing took place on or before 30.06.2019 but no order has been issued, as reflected in Section 125(1)(a) and (c) and Form SVLDRS 1. This exclusion, reinforced by a CBIC FAQ and the electronic questionnaire, bars taxpayers from using the Litigation category while precluding classification as arrears, investigation, enquiry or voluntary disclosure, producing a procedural deadlock and administrative rejections without opportunity to explain the chosen category. (AI Summary)
Date 21 Dec 2019
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Transfer of business assets without consideration treated as supply, attracting GST and valuation under prescribed rules.
Transfer of fixtures and fittings that cease to form part of business assets constitutes a supply of goods under Schedule II Entry 4(a) irrespective of monetary consideration where no input tax credit was availed; valuation for GST when no money is paid follows Section 15 and the prescribed rules, beginning with open market value, then value of like goods, then a book value uplift or, if necessary, the residual method. (AI Summary)
Date 20 Dec 2019
Replies 3 Replies
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E-invoicing mandatory for large taxpayers: IRN and QR code issuance streamlines GST reporting, ANX population and e-way bill integration.
E-invoicing implements a standardized JSON schema submitted to an Invoice Registration Portal (IRP), which computes a unique Invoice Reference Number (IRN) by hashing supplier GSTIN, invoice number and financial year, applies a digital signature, issues a QR code with key invoice parameters, and shares the authenticated invoice with seller, buyer, the GST system (for ANX-1/ANX-2 population and ITC matching) and the e-way bill system; taxpayers may pre-generate IRN only if the JSON is uploaded and validated on the IRP. (AI Summary)
Author
Date 19 Dec 2019
Replies 1 Reply
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E-invoicing requirement: PAN level aggregate turnover triggers mandatory IRN generation and QR code reporting for B2B supplies.
E-invoicing requires specified registered persons, determined at PAN level by aggregate turnover thresholds, to obtain an Invoice Reference Number (IRN) by uploading Form GST INV-01 to the Invoice Registration Portal; accounting software interfaces will automate IRN generation and issuance of a QR code, e-invoices must be generated before movement of goods and are mandatory for B2B supplies while providing automated reporting into return annexures and e-way bill Part A. (AI Summary)
Author
Date 18 Dec 2019
Replies 2 Replies
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GST compliance during insolvency: enable filing and payment for post-initiation liabilities while pre-admission tax claims remain recoverable.
The resolution professional must operate the corporate debtor as a going concern and manage GST compliance for post-commencement transactions; pre-commencement tax dues remain claims of the department as operational creditors. Where portal access is blocked, the debtor cannot generate GST-compliant invoices or discharge current liabilities. The Code's overriding provision, section 238, and the moratorium framework support permitting portal access and acceptance of net GST liabilities for the post-initiation period without requiring payment of pre-admission GST arrears, while preserving departmental claims for prior-period dues. (AI Summary)
Date 18 Dec 2019
Replies 1 Reply
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Change of address duty: PAN database updates determine validity of statutory income tax notices under automated issuance systems.
Notices under Section 143(2) are properly issued to the address in the PAN database unless the assessee has specifically intimated the Assessing Officer of a change in name, address or nature of business; mere mention of a new address in return filings or filings with the Registrar of Companies does not substitute for updating PAN records and formally notifying the Assessing Officer under Section 139A(5)(d). The author highlights that PAN specific provisions were not considered in the discussed judgments and urges updating PAN data to ensure valid service under automated notice issuance systems. (AI Summary)
Date 17 Dec 2019
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Charitable activity exemption: research publishing held non-exempt; e-way bill outside AAR jurisdiction; PDS supplies taxable.
Promotion of research and online journal publishing by the applicant were held not to constitute charitable activities eligible for GST exemption. The AAR's jurisdiction is limited to statutory questions listed in the Act, so e way bill operational requirements fall outside its remit. Supplies destined for the Public Distribution System that are not covered by exemption notifications or Schedule III, including associated costs borne by the supplier, are taxable under GST. (AI Summary)
Author
Date 16 Dec 2019
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GST rate rationalization under consideration to address revenue shortfalls and strengthen compliance measures across the regime.
The GST Council is considering rate rationalization and possible compensation cess increases to address revenue shortfalls; CBIC has withdrawn Circular No. 107 on taxability of ITeS/intermediary services; the Sabka Vishwas Scheme has been expanded to additional legacy statutes; the three-month appeal period to GSTAT is linked to either communication of order or the Tribunal president entering office; GSTN has enabled a RE-SET option for GSTR-3B and defined statuses for unblocking e-way bill generation, while practitioners note enforcement and compliance measures. (AI Summary)
Date 14 Dec 2019
Replies 2 Replies
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Stamp duty collection through exchanges and depositories centralized: intermediaries must collect on securities transfers and allotments.
Section 9A requires stock exchanges, clearing corporations and depositories to collect stamp duty on sale, transfer and allotment of securities on behalf of State Governments based on market value or specified consideration at settlement or transfer. The 2019 Rules define collecting agents and settlement day, allocate collection duties between exchanges, clearing corporations and depositories for dematerialized and reported trades, mandate reporting of client domicile, require depositories to collect on off market and issuer transactions, and set procedures for transfer of proceeds, returns, rectification of errors and recovery of disputed demands. (AI Summary)
Date 13 Dec 2019
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Goods and Services Tax modernises indirect taxation, unifying multiple levies into a digital, input-credit-enabled regime improving compliance.
Goods and Services Tax unifies multiple indirect levies into a dual tax system with coordinated central and state components and an integrated inter-state levy, supported by a compensation cess for state revenue adjustment. Administration and compliance are conducted through the GST network which centralises registration, returns, payments, invoicing, transaction matching and e-way bills, enables seamless input tax credit, electronic assessment and uses data analytics for anti-evasion and improved transparency. (AI Summary)
Date 12 Dec 2019
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Export of services: warranty work by an Indian sub contractor may qualify as export if the manufacturer is the payer and place of supply is abroad.
The ruling treated warranty repairs by an Indian distributor as a composite supply to the Indian customer because consideration ultimately derives from the foreign manufacturer, but the author argues the transactions are distinct: the foreign manufacturer sells goods (including a warranty element) and separately subcontracts after sale warranty services to the Indian distributor, and where the manufacturer is the party liable to reimburse the distributor the statutory recipient test supports treating the warranty service as an export under GST if place of supply and other export conditions are met. (AI Summary)
Author
Date 11 Dec 2019
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National AI strategy promotes public-private collaboration to guide research, sectoral deployment, governance and skills development.
The note summarises India's AI ecosystem and recommends a government led but facilitative approach: NITI Aayog's National Program on AI and an '#AIforAll' strategy prioritise healthcare, agriculture, education, smart cities/infrastructure and smart mobility; public private partnerships, targeted funding, skills development and clearer governance (privacy, ethics, IP) are proposed to address weak data ecosystems, limited core research and manpower shortages and to enable sectoral deployment. (AI Summary)
Date 07 Dec 2019
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Fixed Deposit Receipt validity: unsigned computer-generated FD advices undermine negotiability and security rights; insist on signed receipts.
Banks issue computer-generated, unsigned Fixed Deposit Advices in lieu of duly signed Fixed Deposit Receipts, but such advices are only intimations and are not assignable or acceptable as security; they increase fraud risk and may be rejected by authorities, whereas a signed Fixed Deposit Receipt is required to pledge for loans, renewals, or maturity payments and preserves customers' security and transfer rights. (AI Summary)
Author
Date 07 Dec 2019
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GST return deadlines require coordinated monthly, quarterly and annual filings alongside deposit obligations for taxes and payroll contributions.
Monthly compliance requires deposit of TDS/TCS liabilities, withholding of Equalization Levy on specified cross-border services, Provident Fund and ESI payments, and the first installment of advance tax; GST filings include periodic returns by deductors, e-commerce operators, taxable persons and non-resident suppliers, and annual GST returns and audited reconciliations for applicable taxpayers, alongside corporate filings for beneficial ownership, annual returns and cost audit reports. (AI Summary)
Author
Date 06 Dec 2019
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Provisional attachment: Commissioner must have credible satisfaction; delegation disallowed and bank account attachment a last resort to protect revenue.
Provisional attachment under section 83 of the CGST Act vests exclusive power in the Commissioner to attach property, including bank accounts, when credible material and supervening factors support a subjective satisfaction that attachment is necessary to protect revenue; the power is drastic, non-delegable to subordinates, must be used sparingly, and bank account attachment should be a last resort after considering revenue neutrality and input tax credit implications. (AI Summary)
Date 06 Dec 2019