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E-way bill exemptions clarified for specified goods, transportation modes, customs movements and government consignments.
E-way bill is not required for transportation of goods in specified situations: consignments below the prescribed value limit; named exempt goods (including LPG to households, PDS kerosene, postal baggage, precious stones and metals, jewellery, currency, used household effects, and coral); goods exempted by notification or not treated as supply under Schedule III; non-motorised conveyance; transit to/from ICDs/CFSs for customs clearance; customs-bonded or customs-supervised movements; transit to/from Nepal or Bhutan; empty containers and cylinders; defence consignments; government consignors transporting by rail; and movements for weighing supported by a delivery challan. (AI Summary)
Date 18 Jul 2019
Replies 5 Replies
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Form 26AS discrepancies require reconciliation with the deductor to secure correct tax credit in the taxpayer account.
Form 26AS is the annual statement reflecting a taxpayer's tax credit-TDS, TCS and other tax payments-based on details furnished by deductors under Rule 31AB. Discrepancies arise when deductors fail to file TDS returns, report incorrect PANs, or delay reporting; because the Department updates Form 26AS from deductor submissions, taxpayers should approach the deductor to request correction and re-filing and must reconcile Form 26AS with their records to secure correct tax credit. (AI Summary)
Author
Date 18 Jul 2019
Replies 1 Reply
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Deduction timing for interest: NBFC interest falls under S.43B and is deductible only on actual payment with limited exceptions.
Amendment adds interest payable to deposit-taking and systemically important non-deposit taking NBFCs to S.43B, so such interest is deductible only on actual payment, with a proviso permitting deduction in the year of accrual if payment is actually made before the due date for filing the return; converted interest that is capitalised into a loan is not treated as actual payment, and definitions and transitional clarifications are provided. (AI Summary)
Date 17 Jul 2019
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Agricultural income exemption: urban agricultural land transfers attract capital gains tax, with conditional exemptions for acquisition and reinvestment.
Agricultural income is exempt from central income-tax under a broad statutory definition covering rent, agricultural operations, ancillary processes and farm buildings; however, a partial integration mechanism aggregates agricultural with non-agricultural income for rate purposes when thresholds are met for specified individual and similar entities. Urban agricultural land falls within the capital asset definition and its transfer attracts capital gains tax. Targeted reliefs include exemption for compulsory acquisition of qualifying urban agricultural land and reinvestment relief for individuals and HUFs purchasing replacement agricultural land within the prescribed period. (AI Summary)
Author
Date 17 Jul 2019
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PAN quoting requirement: specified high-value transactions require PAN or Form 60; non-compliance attracts penalty effective now
The rule mandates quoting the Permanent Account Number (PAN) in documents for a specified list of transactions (including motor vehicle transfers, bank account openings, credit/debit card applications, demat accounts, certain cash payments, mutual fund purchases, debentures, specified deposits, pre paid instruments, insurance premiums, specified securities and immovable property transactions, and other high value goods or services). Exceptions, Form No.60 filing for persons without PAN, guardian PAN for minors without taxable income, and a deadline for furnishing PAN/Form No.60 for existing accounts are provided. Non compliance may attract a penalty under the relevant provision. (AI Summary)
Author
Date 17 Jul 2019
Replies 1 Reply
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E-way bill compliance requires generation, Part A/B completion, transporter responsibility, validity and extension rules.
E-way bill generation is mandatory prior to goods movement and consists of Part A with invoice and supply details and Part B with transport particulars. Taxpayers register on the portal and may create sub-users. The supplier is primarily responsible for generation; failing that, the transporter must generate the e-way bill or update transport details via transporter ID. Part B completion by the transporter activates validity; extensions are permitted for transport disruptions. A limited exception exempts furnishing conveyance details where goods are moved from the supplier to the transporter for onward carriage over a short intrastate distance. (AI Summary)
Date 16 Jul 2019
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Institutional arbitration regime established: new autonomous Centre to assume ICDAR undertakings and administer arbitration services.
The Bill establishes an independent corporate New Delhi International Arbitration Centre to develop institutionalised domestic and international arbitration, transfers ICDAR undertakings to the Centre and vests those undertakings in the Central Government. It empowers the Centre to maintain panels of accredited arbitrators, establish a Chamber of Arbitration and an Arbitration Academy, provide administrative and training functions, and receive governmental funding subject to C&AG audit and Central Government rule making authority. (AI Summary)
Date 16 Jul 2019
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Minimum public shareholding requirement increase could boost corporate capital access and improve governance, supporting long-term share valuation.
Proposal to raise the minimum public shareholding threshold to 35% aims to mobilise funds by increasing promoter sell-downs or fresh issuances, thereby enhancing investible capital for companies and promoters, expanding capacity for further capital raising and business growth; and to strengthen corporate governance and investor participation by enlarging the public float, which over time supports share valuation despite possible short-term price effects. (AI Summary)
Date 15 Jul 2019
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Place of supply jurisdiction determines GST levy; AAR rejected export-payment query for lack of jurisdiction, classification disputes persist.
The AAR declined jurisdiction to decide place-of-supply questions for export payments received domestically; khadi readymade garments were held outside the khadi-fabric exemption and subjected to differing GST rates by value; a contract-packing arrangement was classified by the AAR as packaging service at a lower rate but met with an AAAR split that proposed a manufacturing classification at a higher rate, leaving the issue unresolved pending appeal. (AI Summary)
Author
Date 15 Jul 2019
Replies 4 Replies
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E-way bill compliance: single bill valid for bill-to-ship-to transactions and GSP portals streamline generation and records.
E-way bill compliance under GST for bill-to-ship-to and bill-from/dispatch-from transactions: tax is determined by the billed customer's location, a single e-way bill is sufficient for bill-to-ship-to transactions, and an e-way bill may be generated for dispatch-from arrangements. Multiple-vehicle consignments require delivery challans and separate e-way bills per vehicle with the original invoice sent with the last consignment. If consignee refuses delivery, either party may generate an e-way bill to return goods. E-way bills may be generated via the portal or GST Suvidha Providers, which facilitate data import, recordkeeping and reconciliation. (AI Summary)
Date 15 Jul 2019
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E-proceedings misuse: appeals dismissed for alleged non-prosecution despite documented online submissions and emailed representations to taxpayers.
The article alleges that a Commissioner (Appeals) dismissed an appeal for non-prosecution despite the appellant having uploaded multiple submissions, attachments and adjournment requests in the department's e proceeding portal and sending copies by email; the CIT(A) recorded service of notices and non appearance, did not examine assessment records or decide on merits, and closed the e proceeding without addressing the on record submissions, prompting questions about officer accountability and procedural fairness. (AI Summary)
Date 13 Jul 2019
Replies 4 Replies
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E-way bill requirement for consignments above the statutory value threshold; buyer bears responsibility for inward supplies from unregistered suppliers.
E-way bill requirements apply when a consignment exceeds the statutory value threshold, with aggregate value in a conveyance determining obligation where multiple invoices are carried together; certain interstate movements (for example, to job workers or of handicraft goods) require e-way bills irrespective of value. Taxpayers may voluntarily generate bills below the threshold; unregistered persons may enroll using PAN and Aadhaar to generate bills or use a transporter; a registered buyer must generate the e-way bill for inward supplies from unregistered suppliers. Exempted goods under the relevant notification are not subject to e-way bill rules, though invoice descriptions can affect enforcement. (AI Summary)
Date 13 Jul 2019
Replies 2 Replies
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E-way bill non-compliance: omission of Part B can trigger detention and tax-plus-penalty unless addressed by a reasoned order.
Failure to furnish Part B of Form GST EWB-01 invalidates road movement and may trigger detention, seizure and tax-plus-penalty proceedings; administrative orders imposing tax and penalty must be reasoned and address submissions such as prior IGST payment and special facts (e.g., perishability), otherwise courts may remit for a speaking order and permit interim release on appropriate security. (AI Summary)
Date 13 Jul 2019
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Electronic ledgers in GST govern offsetting input tax credit against tax liabilities and cash payment reconciliation.
The electronic ledgers framework requires taxpayers to declare tax, credits and payments in GSTR 3B so that the Electronic Liability Ledger registers liabilities, the Electronic Credit Ledger registers eligible input tax credit debited on utilisation, and the Electronic Cash Ledger records cash payments via challan; reverse charge liabilities must be paid in cash. The portal workflow prompts offsetting of credits against liability and, if insufficient, directs challan creation and cash payment before final offsetting and reconciliation. (AI Summary)
Date 12 Jul 2019
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GST on interest: taxability hinges on whether broker funding is part of the contract or a separate loan service.
The dispute concerns whether interest earned by a del credere agent on short term funding is exempt as interest on loans or taxable as part of the value of supply. One AAAR member held that where the funding is integral to the contract the interest must be included in value of supply and taxed, citing an office memorandum; the other held the loan to the buyer is a separate money to money service by the agent and aligns with the exemption approach, creating a divided ruling and calling for central clarification. (AI Summary)
Date 12 Jul 2019
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Input Tax Credit eligibility requires supplier tax payment, invoice filing, and timely payment to the supplier to avoid reversal.
Conditions for claiming Input Tax Credit include possession of a tax invoice with prescribed particulars, supplier payment of tax to Government, and invoice visibility in the recipient's purchase-ledger feed. Credit is claimed on self-assessment returns but constrained by invoices uploaded by suppliers; mismatches can trigger reversal and additional tax liability. Claims for a financial year are subject to a post-year filing cut-off, and recipients must pay suppliers within a defined timeframe or reverse credit and face interest. (AI Summary)
Date 11 Jul 2019
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National Appellate Authority for Advance Ruling to resolve conflicting GST advance rulings and issue binding decisions.
A National Appellate Authority for Advance Ruling (NAA) is proposed to resolve conflicting GST advance rulings by hearing appeals where two or more State/Appellate Authorities have issued conflicting decisions. The NAA will be constituted by government notification on Council recommendation, comprise a judicial President and two technical members (Centre and State), and have prescribed appointment, tenure, removal, and service protections. It may confirm or modify rulings after hearing parties, issue certified orders circulated to specified authorities, allow limited rectification, declare rulings void for fraud or suppression, and exercise civil court powers for procedure and evidence. (AI Summary)
Date 11 Jul 2019
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Input tax credit time limit: annual return filing governs the last opportunity to claim missed ITC for the year.
The last opportunity to claim input tax credit for invoices and debit notes from July 2017-March 2018 is the earlier of the due date for furnishing the return under section 39 for the month following the financial year (FORM GSTR-3 as specified by judicial interpretation) or the actual date of filing the annual return (FORM GSTR-9); because FORM GSTR-3 due dates were not notified, the annual-return date operates as the practical cutoff. Taxpayers may claim missed RCM credits after paying the tax and may reconcile GSTR-2A with GSTR-3B and books to claim supplier-paid credits within the permitted filing window. (AI Summary)
Date 10 Jul 2019
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Aadhaar-based verification: Customs can suspend clearances and benefits for non-compliance with identity requirements.
The substituted section requires electronic delivery of departure/export manifests or reports before conveyance departure, with penalties for unjustified delay. New Chapter XII B empowers authorised proper officers to require persons to undergo Aadhaar authentication or furnish prescribed documents for ascertaining compliance; prescribed exemptions and alternative identification are provided. Non compliance or submission of incorrect information permits the Principal Commissioner/Commissioner to suspend clearance, refunds, drawback, duty exemptions, licences, registrations, or other import/export benefits until compliance is achieved. (AI Summary)
Date 10 Jul 2019
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One Person Company facilitates single-owner corporateisation, easing incorporation and providing specified statutory exemptions and benefits.
One Person Company (OPC) permits a single Indian resident person to incorporate a private limited company with a nominated successor and mandatory name suffix. Incorporation requires DSC, DIN, name reservation, filing SPICe/INC forms with supporting identity, address and affidavit documents, and issuance of the Certificate of Incorporation by the RoC. OPCs must meet minimum paid-up capital and eligibility rules, are restricted from certain financial activities and charitable-objects companies, face conversion limits tied to capital or turnover, and enjoy specific statutory exemptions and MSME-linked benefits. (AI Summary)
Author
Date 10 Jul 2019
Replies 1 Reply