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GST treatment of post sales discounts clarified: supplier obligations and credit note conditions determine taxability and input credit effects.
Clarification distinguishes four scenarios for post sales discounts: (1) unconditional supplier discounts relate to the original supply and permit GST credit note issuance only if agreement, dealer's ITC reversal, and timely credit note issuance conditions are met; (2) discounts conditioned on dealer activities constitute a separate supply requiring the dealer to issue a tax invoice and enabling supplier input tax credit; (3) discounts intended to lower customer prices require the dealer to add back the discount portion and raise a tax invoice; (4) commercial credit notes issued when statutory conditions are unmet cannot carry GST, yet dealers may retain input tax credit on the original supply subject to reversal rules. (AI Summary)
Date 06 Jul 2019
Replies 5 Replies
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Input Tax Credit reconciliation: unreconciled or late ITC claims are treated as lapsed and cannot be subsequently claimed.
The press release clarifies that data for the annual return must align with Form GSTR-1, Form GSTR-3B and books; tax shortfalls should be declared and paid via DRC-03 while excess paid tax may be claimed as refund. ITC cannot be availed through the annual return and late-reported supplier credits that are not auto-populated in GSTR-9 are to be treated as lapsed. Aggregate turnover across registrations with the same PAN determines GSTR-9C filing obligation. Credit/debit notes and expense-head reconciliations must be reported where GST impact exists, and the accountant's role is limited to reconciling return values with audited accounts. (AI Summary)
Date 06 Jul 2019
Replies 1 Reply
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Nidhi company registration requirements updated; declaration, compliance timelines and filing restrictions strengthened under amended rules.
Amendments to the Nidhi Rules, 2014 define Nidhi, prescribe a declaration procedure via Form NDH-4 for public companies, require newly incorporated and previously declared Nidhis to regularise status within specified windows, and bar filing certain capital and allotment forms on noncompliance. Incorporation rules require Nidhi status as a public company with prescribed naming and share-capital characteristics and fully paid equity shares. Compliance timelines run from incorporation, extensions may be granted, deposit acceptance is barred on prolonged noncompliance, and enforcement powers move to the Central Government. (AI Summary)
Date 06 Jul 2019
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Foreign investment liberalisation and market deepening measures to attract long term capital and support MSME infrastructure.
Budget proposals emphasise liberalising foreign investment and market instruments, rationalising non resident investor norms, enabling institutional participation in listed infrastructure and real estate debt, deepening long term bond markets, and creating platforms for social enterprise listings and MSME payment solutions, alongside PPP focused infrastructure investment, regulatory incentives for advanced manufacturing and comprehensive rural and social sector infrastructure initiatives. (AI Summary)
Author
Date 06 Jul 2019
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Corporate tax reform expands lower-rate eligibility, paired with EV tax incentives and faceless e-assessment for improved compliance.
Budget 2019 proposes corporate tax relief by extending a lower tax rate to companies below a turnover threshold to broaden coverage, alongside compliance reforms such as PAN-Aadhaar interchangeability and faceless e-assessment. It pairs targeted incentives-reduced GST on electric vehicles and additional interest deductions for EV loans and housing loans-with new levies on large cash withdrawals, a ban on merchant charges for digital payments, automated GST refunds, and selective customs and excise duty adjustments. (AI Summary)
Author
Date 05 Jul 2019
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GST registration bank account disclosure required; failure may trigger cancellation and impede ledger credits and refund processes.
A new Rule 10A mandates that most newly registered persons must furnish bank account details on the common portal within a short period after registration or before the first return, and failure to comply constitutes a ground for cancellation of registration. Related registration forms were amended to capture bank accounts. Procedural amendments also changed validation and timing for TDS and e commerce statement credits to electronic cash ledgers, clarified crediting of deducted/collected amounts, and introduced portal transfer functionality and QR code eventuality for invoices. (AI Summary)
Date 05 Jul 2019
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Self motivation drives resilience and sustained performance, strengthening confidence and patience to achieve challenging goals.
Self motivation is an internal force that sustains individuals through difficulties, promoting resilience, reduced stress, increased confidence, and consistent progress. When combined with patience, it forms a practical formula for achieving significant goals, including success in competitive examinations where sustained personal drive is decisive. (AI Summary)
Author
Date 05 Jul 2019
Replies 1 Reply
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Dematerialisation mandate hindering small senior shareholders; practical exemptions and procedural fixes urged to enable transfers and recovery.
Requirement that transfers be processed only in dematerialised form, with limited exceptions, has left many small and elderly physical-shareholders unable to dematerialise or realise value due to lost certificates, name or corporate changes, registrar or depository mismatches, missing joint-holder signatures, inaccessible address or bank proofs despite recorded PAN/Aadhar, high DP charges, and shares diverted to IEPF after unclaimed dividends. (AI Summary)
Author
Date 04 Jul 2019
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Place of supply of imported goods is the importer location, allowing IGST charging and use of head office GST registration.
Imported goods are treated as inter state supplies and the place of supply of goods imported into India is the location of the importer. Where the importer's head office is registered in one State and there is no establishment in the State of landing, the supplier may invoice and charge IGST using the head office GSTIN and need not obtain separate GST registration in the State where the customs warehouse is situated; an e way bill may be generated under the head office GSTIN with the dispatch place as the customs warehouse. (AI Summary)
Author
Date 04 Jul 2019
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Business classification of charitable trusts: sale of spiritual products can constitute taxable supply under GST, subject to exemptions.
Sales of spiritual books, CDs, DVDs and similar materials by a public charitable trust, even when incidental to its religious objects, qualify as business and supply under the GST law and are taxable unless they fall within narrowly defined exempt charitable activities; the trust must register if its aggregate taxable turnover exceeds the statutory threshold. (AI Summary)
Date 04 Jul 2019
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GST on intra group employee services treated as taxable supply; cross charges require valuation and input tax credit allocation.
Corporate and state registered units are distinct persons for GST; employee activities at a corporate office that benefit other registered units are taxable supplies under Entry 2 of Schedule I, requiring valuation as supplies between distinct persons and apportionment consistent with GST valuation principles; ISD may distribute ITC for eligible input services, while certain corporate overheads must be cross charged and attract GST. (AI Summary)
Date 03 Jul 2019
Replies 1 Reply
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Return filing extensions for specified GST returns allow deferred monthly and quarterly compliance deadlines under prescribed procedures.
The notifications extend deadlines for specified GST filings and declarations: extended furnishing of FORM GSTR 7 (TDS return), deferred submission timelines for FORM GSTR 1 for different turnover classes, prescribed due date for FORM GSTR 3B, and extension for filing FORM GST ITC 04 for job worker movements. The Government also authorises a special quarterly procedure for small turnover registrants to furnish outward supplies in FORM GSTR 1 and exempts certain nonresident suppliers of online services from submitting FORM GSTR 9 and FORM GSTR 9C, with obligations to discharge liabilities through electronic ledgers by the extended dates. (AI Summary)
Date 03 Jul 2019
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Bank account furnishing requirement post-registration now mandatory, with registration liable to cancellation for non-compliance.
Amendments require registered persons to furnish bank account details within a prescribed short period after issuance of FORM GST REG-06, with exemptions for certain departmental and tax-deductor/collector registrations; non-furnishing attracts registration cancellation. Kerala Flood Cess is excluded from taxable value and treated as a separate levy. Rules anticipate QR-code-enabled invoices, allow inter-transfer within electronic cash ledgers when notified, create a refund mechanism for retail outlets supplying departing international tourists, extend anti profiteering timelines, and amend various GST forms and portal procedures. (AI Summary)
Author
Date 03 Jul 2019
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Protection against delayed payment: suppliers gain compound interest entitlement and expedited remedies for unpaid invoices.
Registration as an MSME confers protections against delayed payment-entitling suppliers to compound interest on unpaid invoices from the appointed date with monthly rests and requiring corporate disclosure of non payment-and provides time bound dispute resolution. It also enables collateral free finance and preferential lending, procurement advantages including earnest money waivers and price preference, reimbursement for ISO/patent/trademark costs, NSIC linked support, and reservation benefits for manufacturing enterprises. (AI Summary)
Author
Date 02 Jul 2019
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Income tax e proceedings lack timely status updates, risking ignored submissions and dismissals despite online filings.
E-proceedings on the income tax e filing portal often lack timely, accurate status updates about appeals and actions by authorities, leaving taxpayers uninformed. Critical indicators-such as whether the appellate authority has viewed responses or passed orders-are missing or mislabelled (for example "response viewed by AO" instead of the appellate officer), resulting in cases where electronically filed submissions were ignored and appeals were dismissed for non prosecution despite online submissions. Regular review and correction of portal labels and timely status indicators are recommended to ensure procedural transparency. (AI Summary)
Date 02 Jul 2019
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GST procedural amendments: extensions of return deadlines, electronic invoicing, QR codes and post sale discount treatment clarified.
Procedural amendments extend filing deadlines for various GST returns and prescribe new compliance mechanisms: phased introduction of electronic invoicing with QR code mandates for specified tax invoices, requirement to furnish bank details within a stipulated period with cancellation risk for non compliance, inter head transfers in the electronic cash ledger via a prescribed form, and measures for refunds to airport departure retail outlets. A clarification treats post sale performance linked incentives as separate taxable consideration, while certain commercial credit notes do not require ITC reversal under stated provisos. (AI Summary)
Date 02 Jul 2019
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Refund of payments lacking legal sanction: amounts paid without statutory authority are recoverable despite the one year refund bar.
Erroneous payments made without legal authority under excise, customs, service tax or allied cesses lose the character of tax and are recoverable irrespective of the statutory one year refund window that applies to payments made under authority of law. Where retrospective exemption, contract frustration, or absence of liability removes legal sanction, the amount is treated as a deposit refundable provided no unjust enrichment exists. Recovery is nevertheless subject to equitable limitation principles, and a reasonable period (proposed three years) is suggested for claiming such refunds to balance taxpayer rights and administrative certainty. (AI Summary)
Date 01 Jul 2019
Replies 2 Replies
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Input tax credit acceptance mechanism requires buyer action on supplier invoices before filing or credit will not flow.
The new return framework uses GST ANX 1 (outward supplies filed by suppliers) and GST ANX 2 (inward supplies visible to buyers); buyers must accept, reject or hold populated invoices before filing so accepted invoices flow into GST RET 1 as eligible input tax credit while rejected/held items remain for reconciliation and later action. Buyers cannot upload missing supplier invoices but should update supplier contact details and train internal teams to ensure timely follow up during the transitional trial window. (AI Summary)
Date 01 Jul 2019
Replies 2 Replies
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Payment by set-off qualifies as payment for input tax credit when consideration is discharged by book adjustment.
Entitlement to input tax credit is conditioned on payment of the supplier's consideration, which may be provisionally credited to the electronic credit ledger but will be reversed if payment is not made within the statutory period. Payment encompasses transfers of assets that discharge obligations, including reduction of book debts or set-off, and the statutory definition of consideration covers payments in money or otherwise; consequently, book adjustment/set-off is a valid mode of payment for claiming input tax credit absent an express legal restriction. (AI Summary)
Date 01 Jul 2019
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Reverse Charge Mechanism: ITC is claimable only after time of supply and payment evidence, not for prior month liabilities.
ITC under reverse charge becomes claimable only when the recipient's liability arises as per the time of supply rules and the recipient furnishes both the self invoice and evidence of tax payment into the Electronic Cash Ledger; therefore, ITC credited from tax paid in the current month cannot be used to discharge liabilities of a prior month where the Electronic Credit Ledger balance was nil or insufficient. (AI Summary)
Author
Date 29 Jun 2019
Replies 7 Replies