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Deposit insurance coverage: improper claim processing can leave eligible depositors undercompensated unless insurers and liquidators audit claims
Incorrect processing of deposit insurance claims can deprive eligible depositors when claim lodgment and insurer scrutiny fail to apply the insurer's guidance on deposits held in the same capacity and different capacity. Deficiencies in claim preparation by official liquidators or hired agencies, inadequate technical scrutiny by the insurer, and lack of training and audit mechanisms create systemic risk that legitimate separate insurance entitlements are aggregated away. Administrative measures-training, audits against raw data, and depositor education-are proposed to protect depositors and ensure claims conform to published insurer norms. (AI Summary)
Date 24 Oct 2019
Replies 1 Reply
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Prohibition of electronic cigarettes: ban on manufacture, distribution and advertising with criminal penalties and seizure powers.
The ordinance prohibits production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes-defined to include all electronic nicotine delivery systems and heat-not-burn products-and makes contraventions cognizable offences with criminal penalties. Owners must list and forward existing stocks for disposal. Authorized officers may enter, search, seize or attach premises, records and property connected with such offences, and seizures and disposals follow the Code of Criminal Procedure. Companies and responsible officers are liable, and offences are triable by a Judicial Magistrate of the First Class on complaint by an authorized officer. (AI Summary)
Date 24 Oct 2019
Replies 1 Reply
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Best judgement assessment risks arbitrary ex parte tax assessments; filing a valid return can trigger automatic withdrawal.
Section 62 authorises the proper officer to make a best judgment assessment where a registered person fails to file returns after notice, relying on available material and issuing a written order within the limitation period. The provision omits an express duty to call for accounts or to afford a hearing, permitting assessments based on records already available and potentially ex parte. A valid return filed and self assessed tax paid within thirty days of the assessment order results in automatic withdrawal of the order, although interest and late fee liabilities continue. (AI Summary)
Author
Date 23 Oct 2019
Replies 3 Replies
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Multiple GST registrations allowed where distinct demarcation and documentary proof establish separate principal places of business.
There is no statutory bar to separate GST registrations from a shared or virtual office provided each registrant establishes a distinct principal place of business through landlord/lease and sub lease agreements and utility/service bills attributable to the demarcated suit or desk number; registration must be displayed and books maintained at the declared principal place of business. (AI Summary)
Date 23 Oct 2019
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Date format standardisation DDMMYYYY without separators improves data entry, interoperability, and reliable computerized date calculations.
Proposal to adopt DDMMYYYY as a universal, separatorless date format using two digits for day and month and four digits for year (e.g., 01012019). The format reduces ambiguity across documents and electronic displays, speeds data entry by removing separators, simplifies software parsing and enables straightforward date computations. The note acknowledges past two digit year practices and Y2K issues but argues that modern computing supports four digit years and that system configuration can enforce a consistent format for records and reports. (AI Summary)
Date 23 Oct 2019
Replies 1 Reply
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Input tax credit matching requirement limits credit where supplier return details are not uploaded, affecting bona fide purchasers.
The Sixth Amendment to the Central GST Rules conditions availability of Input Tax Credit on suppliers having uploaded invoice/debit note details in their returns and caps the credit claimable for invoices not uploaded by suppliers to a prescribed proportion of eligible credit. This imposes on bona fide purchasers an obligation to verify supplier return reporting before claiming full credit and raises operational questions on timing, periodicity and treatment of suppliers filing returns quarterly. (AI Summary)
Date 23 Oct 2019
Replies 1 Reply
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Input Tax Credit passthrough required; developer must reduce prices to reflect ITC benefit for homebuyers promptly.
Denial of Input Tax Credit benefit by a property developer led to realization of excess price and over collection of GST from buyers; investigators quantified an additional ITC percentage that should have reduced base prices, the authority directed the developer to pass the commensurate benefit to affected purchasers for units sold and to continue passing on subsequent ITC accruals, and ordered supervisory monitoring and potential penal action for incorrect invoicing and non compliance with anti profiteering obligations. (AI Summary)
Date 22 Oct 2019
Replies 1 Reply
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Reflection of transitional credit in the electronic ledger does not constitute availment and cannot alone trigger recovery proceedings.
Reflection of transitional input tax credit in the electronic credit ledger is an administrative notation of entitlement and does not by itself amount to availment or utilization; recovery under the provision for wrongful availment requires positive proof that credit was actually used to reduce tax liability, and rejection of a transitional credit claim does not automatically authorize recovery, interest, or penalty without quantification and demonstration of actual availment or utilization. (AI Summary)
Date 22 Oct 2019
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Transit sale and e-way bill: a single e-way bill suffices for one physical movement; invoices, not e-way bills, determine GST credit.
Section 68 read with Rule 138 requires an e-way bill to be generated by the person causing movement to evidence carriage of consignments; where goods physically move once from consignor to consignee despite intermediate contractual invoices, a single e-way bill suffices and the portal's "Bill to-Ship to" and "Bill from-Dispatch from" options accommodate differing billing and dispatch parties. Input Tax Credit entitlement is governed by possession of prescribed tax documents under Section 16(2) and is not contingent on possession of an e-way bill; transport documentation and tax-credit eligibility are distinct compliance requirements. (AI Summary)
Date 21 Oct 2019
Replies 3 Replies
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Condonation of delay limited to a prescribed further period; appeals filed beyond the extended time are not maintainable.
An appeal from an advance ruling must be filed within thirty days of communication, and the Appellate Authority may, if satisfied that the appellant was prevented by sufficient cause, allow presentation within a further period not exceeding thirty days. Each delay must be explained, appeals require prescribed forms, signatures and, where applicable, payment of the prescribed fee, and the Authority cannot extend the time beyond the statutory outer limit. (AI Summary)
Date 21 Oct 2019
Replies 1 Reply
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Zero-rated supply eligibility for upstream suppliers could relieve MSME working capital burdens and simplify export supply chains.
The GST regime limits zero-rated supply and LUT-based duty-free treatment to primary suppliers to exporters or SEZ units, forcing downstream MSME and small-scale suppliers to charge GST and rely on refund processes, causing working-capital strain. The author proposes extending LUT eligibility to secondary suppliers by mapping GSTINs across the supply chain and obtaining purchaser confirmation of supplier names, items and HSN codes, together with indemnity bonds from secondary suppliers to safeguard against abusive claims. (AI Summary)
Date 19 Oct 2019
Replies 1 Reply
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Input tax credit reconciliation under Rule 36(4): monthly matching limits admissible ITC to matched credit plus capped provisional credit.
The notification limits available input tax credit to (a) eligible ITC matched with supplier reported data and (b) a capped provisional allowance for invoices present in books but not in supplier filings, requiring a monthly reconciliation window between supplier filing and recipient claim dates to determine admissible ITC; provisional credits must be reconciled as invoices subsequently match, and practical complications include invoice timing mismatches, value discrepancies, and quarterly supplier reporting. (AI Summary)
Author
Date 19 Oct 2019
Replies 2 Replies
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Prior period items: accept in the year accounted to avoid needless reassessment and costly litigation by revenue authorities.
IPP are incomes or expenses attributable to periods before the accounting period and commonly arise from conservative estimates, late claims, contingencies resolving, or reclassification on factual ascertainment. The author urges that where IPP are accounted for in the current year and are immaterial, tax authorities should accept them in the year of accounting and avoid reassessment or disallowance that merely shifts recognition between years. Guidance is proposed to limit enquiries to substantial cases and to adopt a materiality threshold for non-action. (AI Summary)
Date 19 Oct 2019
Replies 2 Replies
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Prior period items treatment: disclose accruals and avoid litigation; immaterial prior-period adjustments should not be contested.
Prior period items (IPP) are incomes or expenses attributable to periods before the accounting period under audit, arising from late bills, disputes, conservative estimates, or unascertained accruals; they should be disclosed as Prior Period Expenses or Prior Period Income with notes that they accrued or were settled in the current year. Tax treatment depends on whether the item was genuinely unclaimed earlier and whether amounts are material; immaterial IPP generally neutralize over time, and revenue should avoid litigating insignificant adjustments when there is no double claim. (AI Summary)
Date 18 Oct 2019
Replies 2 Replies
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Profiteering on essential goods: supplier required to pass tax reduction benefit and face penalties for incorrect invoicing.
Investigation compared commensurate post rate reduction base prices-adjusted for loss of input tax credit-with actual invoice prices to quantify excess realisation during 27.07.2018-30.09.2018; profiteering exposure for wholesalers/retailers was limited to sales from pre rate change closing stock, and incorrect invoicing that omitted product specifics was treated as a contravention attracting penalty and remedial deposit into consumer welfare funds. (AI Summary)
Date 18 Oct 2019
Replies 1 Reply
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GST classification clarifications specify tax treatment for diverse supplies, pure agent airport fees, donations recognition, and securities lending taxability.
CBIC clarifications specify tariff classification and GST rates for diverse goods and confirm exemptions for certain imported naval stores and bonded imports under lease subject to bond and re export conditions. Airport PSF/UDF collected through airlines are taxable on airport operators where airlines act as pure agents and amounts recovered are excluded from airlines' taxable value. Donor nameplate acknowledgements by charitable institutions, when purely philanthropic and without quid pro quo, are non supply. Composite software/design services with ancillary hardware testing have place of supply at recipient location; securities lending is taxable as a service and is subject to reverse charge rules from the notified date. (AI Summary)
Author
Date 17 Oct 2019
Replies 6 Replies
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GST procedural reforms streamline filing deadlines, input tax credit limits, refund processes and rate classification guidance.
Notifications and amended Rules issued in October 2019 revise GSTR 3B and GSTR 1 due dates, make annual return filing optional for smaller taxpayers, extend TRAN 1/TRAN 2 timelines, waive specified late fees for Jammu & Kashmir and prescribe a 20% cap on unmatched ITC in relation to GSTR 2A. Circulars clarify refund re filing after favourable appellate orders, withdraw earlier guidance on post sales discounts, and resolve multiple rate and classification issues (including leguminous vegetables, almond milk, mechanical sprayers, solar parts, medical device parts), confirm GST treatment of airport levies and donor name displays, and shift securities lending tax liability to borrowers under reverse charge from the notified date. (AI Summary)
Date 17 Oct 2019
Replies 4 Replies
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Neither supply exclusion: recoveries tied to employment service may be treated as non taxable under GST.
Whether a transaction falls outside GST charge depends on the Act's definition of supply and the statutory carve outs that treat certain activities as neither a supply of goods nor a supply of services. The exclusion list covers employee services to employers in the course of employment and specified public authority activities, among others. A contested issue is whether recoveries from an employee's final settlement for not serving contractual notice are taxable; one view holds such recoveries relate to the exempt employment service and therefore should not attract GST. (AI Summary)
Date 17 Oct 2019
Replies 1 Reply
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Employee contributions to funds: delayed deposit does not preclude employer deduction where higher court rulings treat employees' share as binding.
Recent appellate and Supreme Court authority indicates that employers should not be denied deduction for employees' provident fund and ESI contributions merely because of delayed deposit; higher-court observations, even if incidental, bind lower forums and support treating employees' share as distinct for deduction purposes, discouraging repeated revenue litigation and emphasizing practical compliance and execution of superior authority orders. (AI Summary)
Date 16 Oct 2019
Replies 2 Replies
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Educational institution status recognised for GST exemption under specified notification entries during transitional period and after deletion.
The AAAR held that prior to enactment of the IIM Act certain programmes of the Institute were covered only by the specific IIM notification entry, that after enactment the Institute qualified as an educational institution and could claim exemption under either the general educational-institution entry or the specific IIM entry during the transitional period, and that following deletion of the specific entry the exemption is to be claimed under the general educational-institution entry, with related administrative circular guidance to be read harmoniously. (AI Summary)
Date 16 Oct 2019
Replies 2 Replies