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Input Tax Credit reconciliation: declare supplies by tax-payment period and reconcile auto-populated GSTR-9 entries before filing.
GSTR-9 requires declaring supplies based on when tax was paid via GSTR-3B (July-March in Part II, April-March in Part V). Table 8A is auto-populated from suppliers' filed GSTR-1 as of the filing cutoff and shows latest amended values, excludes certain intra-state place-of-supply and composition-period credits, and therefore may differ from a recipient's GSTR-2A; taxpayers must reconcile and report figures as per their books. Import IGST availed should be entered in Table 6(E). (AI Summary)
Author
Date 24 Jun 2019
Replies 1 Reply
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Freedom of press: publication of government documents in the public domain can be considered in judicial adjudication despite privilege claims.
Freedom of press is a constitutional right tied to Article 19(1)(a) that serves the public interest and the people's right to know, while carrying a duty of responsibility. Publication of government or classified documents raises claims of privilege and state confidentiality, but where such material appears in the public domain courts may consider it and adjudicate petitions on their merits, with admissibility and procedural safeguards governing its use. (AI Summary)
Date 24 Jun 2019
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Reverse charge mechanism: specified services require the recipient in the taxable territory to discharge GST instead of the supplier.
Specified service categories attract the reverse charge mechanism, making the recipient in the taxable territory liable for GST instead of the supplier. The enumerated items pair particular suppliers (e.g., GTA not paying central tax, individual advocates, arbitral tribunals, sponsors, directors, insurance agents, recovery agents, authors/composers, overseas committee members, importers, foreign carriers, government lessors, business facilitators/agents, security service providers) with designated recipients (various business entities, banks, insurers, importers, registered persons), and include special rules and exclusions such as deemed freight valuation for vessel transport and exceptions for certain government or composition-scheme recipients. (AI Summary)
Date 21 Jun 2019
Replies 3 Replies
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Power of arrest under GST provisions limited to cognizable non bailable offences, creating inconsistency with non cognizable rules.
The statutory provisions create an apparent conflict where section 69(1) confines the Commissioner's power to order arrests to cognizable and non bailable offences under section 132(1)(a)-(d), while section 132(4) classifies other offences as non cognizable and bailable. Section 69(2) prescribes immediate magistrate production for arrests, correlating with cognizable non bailable offences, yet section 69(3) addresses procedures and bail for non cognizable offences and alone references the Code of Criminal Procedure, producing an internal inconsistency between arrest authority and procedural treatment. (AI Summary)
Date 21 Jun 2019
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GST audit applicability requires audited accounts and reconciliation when aggregate turnover exceeds the statutory threshold and GSTR 9 precedes GSTR 9C.
GST audit applies where aggregate turnover exceeds the statutory threshold and mandates submission of audited annual accounts and a reconciliation statement with GSTR 9C. Aggregate turnover includes taxable supplies, exempt supplies, exports and inter State supplies on an all India basis but excludes specified taxes. GSTR 9 must be filed before GSTR 9C. GSTR 9C comprises Part A (reconciliations for gross turnover, taxable turnover, rate wise tax liability and ITC) and Part B (auditor certification and reporting of observations, discrepancies and inconsistencies). (AI Summary)
Author
Date 21 Jun 2019
Replies 2 Replies
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Reconciliation of ITC: bifurcate credits by expense head for GSTR 9C; unreconciled differences may require payment or credit lapse.
Point IV.14 requires reconciliation of ITC claimed in GSTR 9 with ITC in audited books by bifurcating total ITC across expense heads using supplier details and accounting descriptions. Auditors must verify eligibility and exclude ineligible or blocked credits from reported availed ITC. Differences between book ITC and annual return ITC must be explained; unreconciled excess claims can lead to payment obligations and short claims can lead to lapse of credit. (AI Summary)
Date 20 Jun 2019
Replies 2 Replies
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Composition scheme simplifies GST compliance for small taxpayers with flat turnover-based tax but restricts inter-state trade and input credits.
Composition Scheme under GST provides simplified turnover-based taxation for eligible small taxpayers who pay tax at a flat prescribed percentage each quarter; it reduces compliance and tax burden but excludes certain suppliers and goods, disallows input tax credit, prohibits inter state supplies and use of e commerce operators, and links return non-filing to suspension of e way bill generation. (AI Summary)
Author
Date 20 Jun 2019
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Classification of HDPE woven tarpaulins: lamination with plastic excludes them from textile tarpaulin classification.
Tarpaulins composed of woven HDPE tapes laminated with plastic film are composite articles whose lamination is integral to their waterproof function; accordingly, they fall outside the textile chapter exclusion for fabrics and are not classifiable under the textile tarpaulin tariff entry, a position affirmed on appeal. (AI Summary)
Date 20 Jun 2019
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Wealth tax proposal links basic exemption to inflation and imposes progressive rates with broad asset coverage.
The article proposes reintroducing a wealth tax as a recurring service charge with a high basic exemption, progressive marginal rates above that exemption, and no class-based asset exemptions. Net worth would be computed from balance sheets (assets minus liabilities) using simple valuation rules, recognized revaluation methods where applicable, and periodic revaluation of long-held immovable property. Limits and rates should be reviewed at regular multi year intervals to keep exemption thresholds aligned with inflation and market changes. (AI Summary)
Date 20 Jun 2019
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Filing of Return of Income: select correct ITR form, reconcile records and secure documentation to ensure compliance and accurate claims.
Filing of Return of Income requires immediate action because new ITR forms impose enhanced disclosure and documentation duties. Taxpayers must select the applicable ITR form, attach required reports, reconcile assets, liabilities, receipts and TDS with Form 26AS, and confirm non TDS incomes. Pay special attention to commonly omitted items (interest on PPF/EPF/securities/mutual funds, insurance refunds, gifts, medical expenses), plan reinvestment for capital gains exemptions before the due date, and substantiate salary classification for directors. Maintain supporting documents and confirmations to reduce errors and ensure timely filing. (AI Summary)
Date 19 Jun 2019
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Tax deducted at source: mandatory withholding obligations with updated thresholds, deposit timelines and reporting responsibilities.
Payers must deduct TDS on defined payments at prescribed rates and deposit and report those deductions by statutory due dates; failure to deduct or deposit creates liability as an assessee-in-default with interest, penalties and potential disallowance. Finance Act changes raise certain thresholds for interest and rent, while rules govern lower rate certificates, Forms 15G/15H, PAN non furnishing consequences, transporter exemptions, deposit and return due dates, and timelines for issuance of TDS certificates. (AI Summary)
Author
Date 19 Jun 2019
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Input tax credit restriction for gifts and free samples: exceptions and treatment of BOGO and discount valuation under GST.
Section 17(5)(h) disallows input tax credit for inputs, input services and capital goods used in goods disposed of as gifts or free samples, except where distribution qualifies as a supply under Schedule I; ''Buy one get one free'' offers are treated as multi-component supplies with tax and ITC governed by composite/mixed supply rules under section 8; discounts and post-supply or volume discounts are excluded from taxable value if they satisfy section 15(3), with the recipient reversing ITC attributable to the discount; secondary discounts via credit notes adjust value only where section 15(3)(b) applies and do not affect supplier ITC entitlement. (AI Summary)
Author
Date 18 Jun 2019
Replies 1 Reply
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Inclusion of alcoholic beverages in GST could require legal amendments and compensation mechanisms to protect state revenues.
Principal measures urged are inclusion of alcoholic beverages within the GST net by amending the definition of goods and the charging provisions, or alternatively targeted tax reliefs to mitigate cascading: reduced GST rates on major inputs and input services, specific exemptions for services consumed in the industry, and a temporary special dispensation allowing input tax credit. Any amendment raising constitutional or revenue questions should be accompanied by compensatory mechanisms to protect state receipts, potentially using the compensation cess. (AI Summary)
Date 18 Jun 2019
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Opportunity to be heard required before confiscation; penalties must be quantified prior to seizing goods under GST.
Detention permits seizure of goods in transit, but confiscation requires prior quantification of tax and penalty and an opportunity of being heard. Orders must specify amounts payable and adjudicate objections before imposing confiscation; procedural defects of that nature are fundamental and not cured by provisions validating defective proceedings. Where quantification and hearing are absent, confiscation may be quashed and authorities must reconsider objections, quantify dues in a speaking order, and release goods subject to lawful payment or security. (AI Summary)
Date 17 Jun 2019
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New GST return system replaces legacy returns, mandates annexure-based filing and phases out the old monthly return.
Introduction of a tripartite return framework replacing legacy returns: a main return FORM GST RET-01 with annexures FORM GST ANX-1 and ANX-2, trial uploads without backend liability effects, mandatory ANX-1 replacing GSTR-1, phased obligations for large and small taxpayers, and eventual phasing out of FORM GSTR-3B. Annual return guidance ties placement of supplies to timing of tax payment, preserves IGST import credit availed later, treats system-generated GSTR-9 as facilitative only, and requires additional liabilities to be paid via FORM GST DRC-03 with mechanisms to create challans for shortfalls. (AI Summary)
Date 15 Jun 2019
Replies 1 Reply
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Amnesty scheme under GST enables revocation applications for registrations cancelled via portal to reclaim missed input tax.
Amnesty permits taxpayers whose registrations were cancelled-often due to electronic portal or e mail service issues-to apply for revocation of cancellation and restoration of original registration by filing an Application for Revocation of Cancellation of Registration in Form GST REG 21 within the extended period, enabling reclamation of missed input tax credits while remaining subject to other statutory provisions and procedural eligibility. (AI Summary)
Date 14 Jun 2019
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Exemption from GST: advance rulings clarify when supplies qualify for nil rate or notification based exemption.
Exemption from GST covers supplies subject to nil rate, absolute exemptions or non taxable supplies; the Government may grant exemptions by notification or special order and insert clarifications within one year. Absolute exemptions bar suppliers from collecting tax above the effective rate. Advance rulings address classification, notification applicability, time and value of supply, input tax credit, tax liability, registration, and supply character. Representative rulings apply these principles to composite health care supplies, accommodation used for lodging, pure services to government, interest on short term loans, slump sales, and diagnostic services. (AI Summary)
Date 13 Jun 2019
Replies 2 Replies
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Management representations for GST audits confirm compliance on supplies, input tax credit, returns, and recordkeeping obligations.
The sample Management Representation Letter compels management to confirm, for GST audit purposes, provision of audited financials and registrations, correct classification and HSN application, proper recording and valuation of outward and inward supplies, compliance with reverse charge and time-of-supply rules, and declaration of supplies in returns. It requires confirmation of ITC eligibility and procedural compliance, correct CGST/SGST/IGST classification and statutory reversals, transitional credit and anti-profiteering compliance, refund and job-work filings, maintenance of statutory records and issuance of invoices, and reconciliation of returns with books including Form GSTR-9C. (AI Summary)
Date 12 Jun 2019
Replies 7 Replies
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Delay in possession: buyer entitled to refund with interest when developer fails to deliver within contractual period.
Where a developer failed to deliver a booked residential flat within the contractual possession period and grace period, the buyer was entitled to restitution of the principal paid and compensation by way of simple interest; a contractual forfeiture clause could not be invoked against the buyer when cancellation resulted from the developer's failure to deliver and there was no certainty of completion or occupancy certification. (AI Summary)
Date 12 Jun 2019
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Appellate power limits: CIT(A) cannot direct reopening of assessments for other years; such directions exceed jurisdiction.
CIT(A) lacks jurisdiction to direct the Assessing Officer to reopen assessments for other assessment years not the subject of the appeal; the appellate power is confined to confirming, reducing, enhancing or annulling the assessment before it and to adjudicating matters arising from those proceedings, while reassessment or initiation of enquiries for other years must follow distinct statutory procedures and proper authorities. (AI Summary)
Date 11 Jun 2019