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Input Tax Credit denial for business gifts; volume discounts treated as non taxable incentives; reimbursements attract GST.
Gifts and promotional incentives provided to dealers are not eligible for Input Tax Credit. Volume discounts and post transaction incentive credits issued without invoice adjustment are treated as non taxable dealer incentives and do not attract GST or require invoicing. Reimbursements to employees for expenses incurred on behalf of the company are taxable where a service relationship exists, and remuneration paid to directors for services supplied to the company is taxable and liable under the reverse charge mechanism. (AI Summary)
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Date 19 Nov 2019
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Exemption eligibility for recreational art training denied as UCMAS activities fall outside 'art' classification under the notification.
The appellate authority concluded that UCMAS's abacus-based program, designed to enhance cognitive and academic skills through tools and memory techniques, does not fall within the ordinary meaning of 'art' and thus does not qualify as recreational art or culture activity under the exemption notification; exemption provisions must be strictly construed and the appellant failed to show coverage under the cited entry. (AI Summary)
Date 18 Nov 2019
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Statutory interpretation guides courts to ascertain legislative intent and apply interpretive rules to ambiguous enactments.
Interpretation of statutes is the process courts use to ascertain legislative intention by reading statutory words in their natural and ordinary meaning, within context, and harmoniously with an Act's scheme, object and purpose. Core rules-the literal rule, golden rule, mischief rule, reasonable and harmonious construction-guide resolution of ambiguity. Internal aids (titles, preambles, definitions, provisos, schedules) and external aids (parliamentary materials, legislative history, judicial decisions) inform meaning. Presumptions (non retroactivity, protection of common law rights and liberty, mens rea for crimes) further constrain constructions. (AI Summary)
Date 18 Nov 2019
Replies 2 Replies
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Input tax credit restriction limits claims absent supplier uploads, requiring reconciliation and risking interest exposure.
The amendment caps ITC for invoices not uploaded by suppliers as reflected in GSTR 2A and requires monthly computation when claiming credit in Form GSTR 3B. Taxpayers should reconcile Books Credit (excluding ineligible and non GSTR 1 items) with GSTR 2A to identify Pending Invoices and Quarterly Invoices, compute Available Credit, and adjust by the permitted additional proportion to determine Eligible Credit; alternatively, take full book credit and pursue supplier uploads while accepting possible interest exposure. (AI Summary)
Author
Date 16 Nov 2019
Replies 11 Replies
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Digital locker system establishes preservation, access and portability obligations with audited service providers and an overseeing authority.
The Digital Locker System is a web and mobile platform of portals, repositories and gateways for preservation and delivery of issuer issued electronic records; subscribers can upload, sign, share and port accounts, issuers may push or enable pull of document URIs from repositories, and requesters may access digitally signed records via URIs with such electronic records treated on par with physical documents under the Act. (AI Summary)
Date 16 Nov 2019
Replies 2 Replies
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Input tax credit reversal for real estate projects requires carpet-area based monthly adjustments and a final recalculation on completion.
Post-amendment, project credits are treated as common credit with monthly reversals computed by reference to the carpet area of exempt or identified-to-be-sold-after-completion units, and a final recalculation on project completion based on carpet area of unsold units. Credits validly availed prior to the amendment date need not be re-computed; only credits availed from the amendment date are subject to the new reversal methodology, whereas projects completing before the amendment remain subject to revenue-based reversal as per the prior law. Transitional and own-account construction issues may require proportionate reversal on a reasonable basis. (AI Summary)
Author
Date 15 Nov 2019
Replies 2 Replies
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GST annual return simplification permits consolidated reporting and optional schedules, easing detailed disclosure requirements.
Extension and procedural simplification for filing of GSTR 9 and GSTR 9C permit net reporting of outward supplies including credit/debit notes and amendments within principal line items, consolidated reporting of exempted and non GST supplies, aggregation of input tax credit under primary input rows, and optionality for multiple summary tables including HSN. Reconciliation details may be uploaded as signed PDFs in GSTR 9C without mandatory CA certification, while specified transitional reversals must still be separately reported. (AI Summary)
Date 15 Nov 2019
Replies 1 Reply
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Input tax credit restriction requires self-assessed GSTR-2A matching before claiming full credit in returns.
Restriction on availment of input tax credit requires recipients to self-assess and reconcile purchase registers with GSTR-2A as of the supplier filing cutoff; imports, reverse charge, and ISD credits are excluded from the restriction, only eligible invoices uploaded by suppliers are counted in the base, ineligible items are excluded, and matched entries determine the permitted claim with the remaining provisional balance claimable in subsequent months as supplier uploads appear in GSTR-2A. (AI Summary)
Author
Date 14 Nov 2019
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Transitional Input Tax Credit: procedural time limits may not bar filing or revision of transitional claims, protecting vested credit rights
Transitional GST rules require eligible pre GST credits to be claimed in FORM GST TRAN 1 within prescribed timelines, with limited extension and one time revision permitted; courts have treated the filing deadline as procedural, recognizing unavailed pre GST credits as vested rights and directing authorities to allow filing or revision (including manual submission) where genuine technical or bona fide difficulties prevented timely electronic filing. (AI Summary)
Date 14 Nov 2019
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Eligible input cap restricts credit to invoices reflected in GSTR-2A, altering recipient GST credit availability.
Notification No. 49/2019 amended CGST rules to make recipients' entitlement to eligible input credit dependent on invoices or debit notes uploaded by suppliers and reflected in the recipient's Form GSTR-2A, with an additional capped entitlement not exceeding twenty percent of such reflected entries. Practical consequences include disputes where suppliers file quarterly, amend past returns, or upload belatedly; the rule was effectively applied to CGST and IGST credits pending state-level SGST rule amendments. A suggested compliance tactic is to claim credit in Form GSTR-3B and reverse any excess within the same return to mitigate interest exposure. (AI Summary)
Date 13 Nov 2019
Replies 3 Replies
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Annual GST return filing obligations clarified: forms, eligibility, auto-population and table-wise reporting requirements for regular taxpayers.
Registered normal taxpayers must file the Annual Return in Form GSTR-9 (with separate forms for composition periods and e-commerce TDS operators). Filing applies even if registration was cancelled during the year and separately for each GSTIN. Preconditions include active GSTIN as a normal taxpayer for at least one day and filing GSTR-1 and GSTR-3B. The return is table-driven (Tables 4-18), with auto-population from GSTR-1/GSTR-3B/GSTR-2A/TRAN-I/II, requires review, computation of liabilities/late fees, and filing with DSC or EVC; post-filing edits are not permitted. (AI Summary)
Date 13 Nov 2019
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Transitional input tax credit preservation upheld despite portal failures; remedial filing and judicial relief available for missed TRAN 1 claims.
Section 140 and Rule 117 permit carry forward of unutilized pre GST input tax credit contingent on filing Form GST TRAN 1; due to technical failures in the electronic filing system the Government allowed an extended remedial window on production of digital evidence and application to the IT redressal nodal officer, while High Courts have held that the right to transitional credit is substantive and procedural time limits should not extinguish that right, directing administrative relief or judicial remedies where portal failures prevented filing. (AI Summary)
Date 12 Nov 2019
Replies 1 Reply
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GST revenue decline prompts rate rationalization, UTGST application, DIN mandate and tighter compliance measures.
Recent measures respond to a sustained GST revenue decline by proposing rate rationalization and base expansion, imposing UTGST for newly constituted Union Territories, mandating Document Identification Numbers on CBIC communications, and considering encrypted e-way bills for high-risk goods. Administrative upgrades permit GST Practitioners to file and draft cancellation and amendment applications. Procedural clarifications under the voluntary disclosure scheme treat certain audits as pending until show cause notices or deposits, allow asset reconstruction companies to disclose dues, provide late-fee waivers for specified returns, and condition appeal-eligibility on withdrawal. (AI Summary)
Date 12 Nov 2019
Replies 1 Reply
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Voluntary GST payment option can conclude tax proceedings if tax, interest and the prescribed penalty are paid promptly.
The document explains that taxpayers may avoid show cause proceedings by making voluntary payment of tax with statutory interest-either before service of notice on self ascertainment or within the permitted post notice period-subject to payment of the prescribed penalty where applicable; the taxpayer must intimate payment in Form GST DRC 03 and the proper officer will acknowledge acceptance in Form GST DRC 04. It further details GST portal procedures for generating and using payment reference numbers, ledger set offs, filing with DSC or EVC, and ARN issuance, and notes that partial payments against a show cause notice are not permitted. (AI Summary)
Date 11 Nov 2019
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Transaction value under GST: discounts excluded only if pre-supply recorded or pre-agreed and linked with ITC reversal.
The taxable value under GST is the transaction value represented by invoice price, which may exclude discounts only if recorded on the tax invoice at or before supply or, for post-supply discounts, if a pre-supply agreement links the discount to specific invoices and the recipient reverses the attributable input tax credit; discounts announced or granted after supply without such prior agreement or linkage cannot be excluded. (AI Summary)
Date 08 Nov 2019
Replies 2 Replies
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Advance ruling eligibility: unregistered persons may seek GST rulings on classification, tax liability, registration and input credit.
Unregistered persons may obtain an advance ruling under GST on classification, applicability of notifications, time and value of supply, admissibility of input tax credit, liability to pay tax, registration requirement, and whether an activity amounts to a supply. The applicant must create a temporary user ID on the GST portal supplying residency, state/UT, legal and trade names, business constitution, PAN, signatory and address, verify via email OTP, pay the prescribed fee via challan, download and complete Form GST ARA-01, upload up to four supporting documents, and submit the application to the State Authority for Advance Ruling which will advise further procedure. (AI Summary)
Date 07 Nov 2019
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Classification of processed limestone slabs affirmed under chapter on calcareous stone, affecting GST tariff treatment and HSN heading.
The Appellate Authority concluded that polished/processed limestone slabs are classifiable as calcareous stone under Chapter 68 of the First Schedule to the Customs Tariff Act and fall under the HSN entry for other calcareous stone; they do not fall within Chapter 25 headings or the residual mineral heading relied on by the applicant, and the earlier advance ruling was modified. (AI Summary)
Date 07 Nov 2019
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Electronic return limitations: accept paper returns to preserve taxpayers' right to claim set-off and other substantive tax claims.
Deficiencies in E ITR interfaces that prevent taxpayers from making legally available claims (such as set off of business losses against capital gains) should not extinguish those claims. The Bombay High Court authorised filing a paper return in addition to the electronic return to enable consideration of such claims and suggested representation to the CBDT for guidance. The article recommends that ITR forms include flexible annexures for explanations and additional claims, and that assessors be empowered to consider such supplementary submissions to avoid undue forfeiture of substantive tax rights. (AI Summary)
Date 06 Nov 2019
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Social security expansion for unorganized workers under the draft Code extends universal benefits and coverage to gig and platform workers.
The draft Social Security Code consolidates multiple labour statutes to create a framework extending social protection to the unorganized sector, including gig and platform workers. It defines key terms, empowers Central and State Governments to notify welfare schemes covering life, health, maternity, old age and employment injury benefits, prescribes funding options, requires registration and prescribed contributions, mandates record keeping, and establishes National and State Social Security Boards alongside workers facilitation centres for implementation and grievance redressal. (AI Summary)
Date 06 Nov 2019
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Pre-import condition for IGST exemption causes exporters to face demands; options include contesting, paying under protest, or paying with ITC.
The Advance Authorisation IGST exemption was restored but made subject to an undefined pre-import condition, which customs interprets to require import before manufacture and export; this led to denials of exemption for exports made from existing stock, divergent High Court rulings, a Supreme Court stay, and reassessment demands. Affected exporters may contest demands without payment, pay IGST under protest (with restricted ITC availing), or pay IGST and interest and take immediate ITC, each option carrying distinct refund, interest and litigation consequences. (AI Summary)
Date 05 Nov 2019