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Advance rulings clarify GST transitional ITC limits, e-way bill defence exemption, and job-work taxability at place of performance.
Recent AAR decisions limit transitional ITC on capital items for service providers, rule that VAT on closing stock of computers/laptops at the appointed day is not claimable, apply Rule 138 e-way bill exemption to ordnance factories and Defence-related PSUs, and confirm that job-work services performed in India for foreign principals are taxable at the location of performance under SGST/CGST. Classification rulings placed teacher and student slates under Heading 96.10 with notification-based exemption, and recipients of manufacturing services from unregistered suppliers remain liable under reverse charge, subject to exemptions. (AI Summary)
Date 08 Aug 2019
Replies 1 Reply
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Invoice Reference Number enables replacement of tax invoices during transit and standardised e-invoice reconciliation across suppliers.
Rule 138A permits generation of an Invoice Reference Number (IRN) by submitting FORM GST INV-1 containing supplier and recipient GSTINs, invoice number and date, supply type, indicators for reverse charge/TCS/TDS, and full line item details including HSN, quantities, values, tax components and total invoice value; the IRN is system generated via the e way bill portal and may be used in place of the tax invoice for a prescribed validity period, including when goods are intercepted in transit. (AI Summary)
Date 08 Aug 2019
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Input tax credit eligibility hinges on whether services are integrally connected to business operations, affecting residential and guest accommodations.
The ruling distinguishes eligibility for input tax credit based on whether services are integrally connected to business operations. ITC is denied for services exclusively serving residential colonies as employee perquisites; health care was not admitted under existing nil rated treatment though a statutory amendment may change that; ITC for guest house maintenance was initially allowed by AAR but disallowed by AAAR; plantation and gardening within plant and mining areas were held creditable as a business necessity and statutory compliance. (AI Summary)
Date 07 Aug 2019
Replies 1 Reply
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GST return compliance trends indicate registration outcomes and filing volumes across GSTR 3B, GSTR 1 and GSTR 4 reporting.
The document provides administrative statistics on GST registrations (including migrated taxpayers, new applications, approvals, rejections, and composition scheme opt ins) and monthly filing volumes for principal returns-GSTR 3B and GSTR 1-together with quarterly GSTR 4 filings, presenting an operational snapshot of registration outcomes and return submission patterns across the initial implementation period. (AI Summary)
Date 07 Aug 2019
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Ban on unregulated deposit schemes prohibits promotion and acceptance, enabling asset attachment and depositor first recovery.
The Act bans promotion, solicitation and acceptance of deposits under unregulated deposit schemes, defines 'deposit' and 'deposit taker' with enumerated exclusions, and lists regulated schemes. Competent authorities have civil court like powers to investigate, provisionally attach and vest assets, share information with regulators and investigating agencies, and seek confirmation from Designated Courts which may realize assets, prioritize depositor claims and order disgorgement. The statute creates offences for fraudulent default and wrongful inducement, makes most offences cognizable and non bailable, and provides appellate and transfer mechanisms. (AI Summary)
Date 06 Aug 2019
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E way bill system: portal controls for registration, generation, updating and grievance handling of transport documentation.
The e Way Bill portal provides national online mechanisms for one time registration and thereafter generation, bulk generation, consolidation, updating (Part B, vehicle, transporter), multi vehicle movement, extension of validity, cancellation and printing of e way bills; it also offers reporting, master data maintenance, user management, registration for SMS/mobile/GSP/API, role updates between taxpayer and transporter, GSTIN import from the central portal, and a grievance module for detention complaints. (AI Summary)
Date 06 Aug 2019
Replies 3 Replies
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Goods and Services Tax implementation centralises indirect tax compliance, using transitional credit rules and phased digital returns for harmonised administration.
Goods and Services Tax established a unified indirect tax regime replacing multiple State and Central levies, implemented through central and state Acts and extensive administrative notifications. Transitional provisions allowed carry forward of unutilised input tax credit subject to documentary support and prescribed forms; initial return formats and phased filings set the compliance architecture. Governance by a weighted vote council enabled rate harmonisation. Operational measures such as e way bills, annual returns, a forthcoming new return system and an Invoice Reference Number aim to standardise invoice validation and automated reconciliation, increasing IT and coordination demands on taxpayers. (AI Summary)
Date 05 Aug 2019
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Extension of GSTR annual return deadline sought due to portal auto population errors and unresolved ITC reconciliation issues.
The representation requests extension and alignment of filing deadlines for GSTR-9, GSTR-9A and GSTR-9C due to systemic portal and form deficiencies: unreliable auto-population from GSTR-2A (notably Table 8A), unexplained mismatches with taxpayer records, inconsistent treatment of amended invoices, combined debit/credit note reporting, burdensome HSN/SAC requirements, problematic ITC treatment across years and reverse charge reporting, and onerous audit certification and cash flow statement demands. It urges simplification, clear statutory-aligned instructions, HSN relaxation for initial years, and administrative relief or deadline extension to enable accurate reconciliation. (AI Summary)
Date 05 Aug 2019
Replies 1 Reply
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Input Service Distributor: registration required but distribution of common-service credits is a practical necessity under GST.
Whether distribution of credit by an Input Service Distributor is compulsory or merely necessary: registration as an ISD is mandated and Section 20(1) prescribes the manner of distribution, but the statutory "shall" may govern only the method rather than creating an independent duty to distribute. Interaction of the deeming of separate registrations as distinct persons with entitlement to input tax credit makes distribution a practical necessity to preserve credit otherwise ineligible for other registrations, thereby increasing compliance burden and litigation risk. (AI Summary)
Author
Date 03 Aug 2019
Replies 5 Replies
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New GST return prototype ties input tax credit eligibility to recipient acceptance and locks supplier tax liability upon filing.
The prototype consolidates outward and inward reporting into ANX-1 and ANX-2: suppliers file outward supplies in ANX-1, recipients accept, reject or pend invoices in ANX-2, and recipient acceptance determines input tax credit eligibility while locking the supplier's tax liability. An offline template option allows section-wise validation and upload. A provisional credit is available for supplies not yet uploaded by suppliers, requiring follow-up to obtain supplier uploads and finalize credit eligibility. (AI Summary)
Date 03 Aug 2019
Replies 2 Replies
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Central Consumer Protection Authority to investigate unfair trade practices, recall unsafe goods and direct corrective action protecting consumers.
The Bill establishes a Central Consumer Protection Authority empowered to inquire into consumer-rights violations and unfair trade practices, conduct or cause investigations, call for and seize documents, search premises, and direct District Collectors to inquire; it may order recall or withdrawal of hazardous goods or services, reimbursement to purchasers, discontinuation or modification of false or misleading advertisements, and impose penalties and endorsement prohibitions, with specified factors to be considered in fixation of penalties and a right of appeal to the National Commission. (AI Summary)
Date 02 Aug 2019
Replies 1 Reply
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Input tax credit time limits may cause credits to lapse unless claimed or reconciled through invoice acceptance in returns.
Credit is available only when prescribed conditions are met: possession of the tax invoice, receipt of goods or services, supplier having paid the tax, and filing of the relevant return. Under the proposed return process, taxpayers must accept invoices in GST ANX-2 by the due date or they will be deemed accepted and must be reconciled or reversed within the same month. Statutory time bars limit claims thereafter; unclaimed credits in the annual return lapse and cannot be reclaimed. (AI Summary)
Date 02 Aug 2019
Replies 1 Reply
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Additional State cess on intra State supplies targets unregistered recipients, raising compliance and commercial restructuring risks.
Kerala imposed a time limited Kerala Flood Cess on specified intra State supplies to unregistered recipients, excluding supplies between registered persons, exempt supplies, certain low rated supplies and composition dealer supplies. The levy follows GST valuation rules with cess excluded from GST value, applies defined rate bands for categories of goods and services, and uses State rules and the tax portal for filing and administration while existing KSGST/CGST procedures govern assessment, appeals and recovery. (AI Summary)
Author
Date 01 Aug 2019
Replies 1 Reply
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Kerala Flood Cess on intra-state supplies funds reconstruction; GSTIN used for registration and returns mirror GST filings.
Kerala Flood Cess is a temporary intra state levy under Section 14 of the Kerala Finance Act, 2019 to fund reconstruction, imposed generally at one percent (reduced for certain goods). Administration is integrated with GST: GSTIN serves as registration, returns and payment follow GST timelines and formats, the cess base is the value of supply determined under Section 15 excluding the cess, supplies in furtherance of business between registered persons are exempt, composition taxpayers and exempt supplies are excluded, and GST interest and compliance provisions apply. (AI Summary)
Date 01 Aug 2019
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Input tax credit requires electronic ledger entry before it can discharge GST liabilities; assessment must precede recovery or penal action.
Input tax credit under GST becomes operative only when claimed in a self assessed return and entered in the electronic credit ledger; until such entry exists credit cannot discharge tax liabilities. Sections 73 and 74 require assessment level determination of excess credit before recovery or penal action, and Section 132 penal provisions are conceptually tied to an established act of commission, except in habitual offender scenarios. Procedural fairness includes access to seized documents and recorded statements subject to limited protective claims by authorities. (AI Summary)
Date 01 Aug 2019
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Reverse charge liability requires self-invoicing and cash payment, with separate return disclosure enabling input tax credit claims.
Reverse charge obliges the registered recipient to pay tax on specified inward supplies from unregistered suppliers and to issue a self-invoice; a consolidated monthly self-invoice is allowed for purchases from unregistered persons but not for notified supplies. Tax under reverse charge must be paid in cash and recorded in the electronic cash ledger. Reverse charge liability and the input tax credit for tax paid under reverse charge must be separately disclosed in the periodic return; such disclosure can justify an input tax credit claim even if a self-invoice was not raised. (AI Summary)
Date 31 Jul 2019
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Tax amnesty scheme: legacy indirect tax disputes eligible for scaled relief, conditional waivers, and deemed withdrawal of appeals.
Sabka Vishwas Scheme enables settlement of legacy indirect tax disputes by allowing declarants to declare tax dues arising from specified appeals, show-cause notices, enquiries or voluntary disclosures and obtain scaled reliefs and conditional waivers. The designated committee issues estimates and statements, deducts prior deposits, and on payment issues a discharge certificate that is conclusive for the stated matter and period, effects deemed withdrawal of appeals, and imposes restrictions on refunds and input tax credit usage. (AI Summary)
Date 31 Jul 2019
Replies 6 Replies
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State GST law access: state portals provide authoritative local GST law and compliance resources; central GST links included.
The document explains that Central GST law and CBIC materials are available via the central government portal, whereas each State or Union Territory publishes its GST law and compliance resources on its own official GST website; it provides a consolidated list of those State and Union Territory portal links and additional central GST resource links for cross-referencing and practical access to statutory text, notifications and filing guidance. (AI Summary)
Date 31 Jul 2019
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Reporting of unlisted equity shares: PAN may be defaulted when unavailable; reporting required though figures are non-computational.
CBDT clarified ITR filing for AY 2019-20: PAN of a delisted-turned-unlisted company should be furnished if available; where PAN cannot be obtained, taxpayers may enter the default value "NNNNN0000N". Details of unlisted equity holdings must be reported in specified cases (including gifted or inherited shares, stock-in-trade, and foreign unlisted shares reported in Schedule FA), and quantitative entries for these holdings are for reporting only and do not alter income computation. (AI Summary)
Author
Date 30 Jul 2019
Replies 1 Reply
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GST updates centralised on a public CBIC platform improve access to notifications, guidance, tools and compliance resources.
CBIC's online platform centralises GST Acts, Rules, Notifications, Circulars, Orders and explanatory materials-searchable and downloadable with rate finders, FAQs, guidance notes, updates and helpdesk contacts-arranged serially with summaries to assist taxpayers and advisors in accessing authoritative sources for compliance. (AI Summary)
Date 30 Jul 2019
Replies 2 Replies