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Anti profiteering obligation requires tax reductions be passed to buyers; sales recorded in returns remain usable for comparison.
Anti-profiteering requires that tax-rate reductions produce consumer price benefits. Where an original sale is declared in GSTR-1, a subsequent credit note and sales return do not automatically negate the transaction for anti-profiteering comparative analysis; therefore recorded outward supplies may be used to assess whether the benefit of a tax reduction was passed to buyers. (AI Summary)
Date 15 Mar 2019
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GSTR-2A reliability questioned: not conclusive proof of supplier compliance; recipient may face joint liability if supplier defaults.
An entry in a recipient's GSTR-2A is not conclusive proof that the supplier discharged GST because GSTR-3B is not auto-populated from GSTR-1, filing discrepancies can occur, and suppliers may file GSTR-1 without GSTR-3B. If a recipient availed input tax credit on such an entry and the supplier did not discharge the tax, the recipient can be held jointly and severally liable for the unpaid tax and may be liable to a demand from revenue authorities under the cited central GST amendment. (AI Summary)
Date 14 Mar 2019
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Government fee as taxable service: Abhivahan Shulk on transported forest produce is taxable as other services under GST.
Abhivahan Shulk is a fee charged in return for services rendered to a specific class of persons carrying forest produce, tied to quantity and quality, meeting administrative and depot costs; it therefore constitutes consideration for services and is taxable as residuary "other services" under GST, while Marg Sudharan Shulk was treated as a toll-like maintenance charge not presently leviable. (AI Summary)
Date 14 Mar 2019
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Consolidated credit/debit notes allowed, challenging the invoice-specific linkage required for post-supply discounts under Section 15(3).
Amendments effective February 1, 2019 permit consolidated credit or debit notes for multiple invoices in a financial year, with prescribed particulars under amended rules; however, exclusion of post-supply discounts from taxable value remains conditional on a pre-supply agreement and specific invoice linkage, as reiterated by a tax authority clarification, creating a substantive and procedural tension requiring alignment between consolidated-note issuance and the invoice-linkage requirement in valuation rules. (AI Summary)
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Date 14 Mar 2019
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Quarterly GST return option available for eligible taxpayers, with format specific reporting rules and system computed tax consequences.
The proposed GST return framework allows eligible taxpayers to opt for quarterly filing in one of three formats (Sahaj, Sugam, Quarterly Normal) with defined scopes and restrictions; suppliers upload documents in near real time, recipients claim input tax credit based on supplier uploads up to a cut off in the following month and only when filing their own return; reverse charge is reported by recipients net of adjustments; HSN reporting is mandatory for larger and cross-border transactions and optional for smaller taxpayers; tax is system computed and values may be negative where netting occurs. (AI Summary)
Date 13 Mar 2019
Replies 1 Reply
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Interest on GST liabilities remains payable on full tax due despite amounts held in the electronic cash ledger.
When tax is paid into the electronic cash ledger but GSTR-3B remains unfiled, interest is to be computed on the taxpayer's full tax liability because ledger balances are subject to conditional utilisation and withdrawal under Sec 49(3) read with Rule 61; CBIC guidance corroborates that ledger credit does not automatically relieve the running interest obligation unless statutory amendment or rules provide otherwise. (AI Summary)
Date 13 Mar 2019
Replies 2 Replies
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Cancellation of registration: prescribed show cause procedure and levy of input tax credit liabilities upon deregistration.
Cancellation of GST registration applies where a person is no longer liable or has contravened the Act, and may be initiated by taxpayer, officer, or legal heir. Officers follow prescribed show-cause procedures in specified forms and timelines; cancellation does not extinguish prior tax liabilities. On cancellation the registrant must pay an amount equivalent to input tax credit on stock and capital goods or the output tax on such goods, whichever is higher, with capital goods adjustments as prescribed. Final return filing and revocation processes are governed by specified forms and conditions. (AI Summary)
Date 12 Mar 2019
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E-way bill compliance: non-upload or incomplete Part B necessitates statutory provisional-release procedures under GST.
E-way bill compliance under Section 129 controls detention and provisional release: absence or incomplete Part B can justify detention and requires statutory provisional release procedures (including payment or security), whereas movements that become personal effects or involve only minor clerical discrepancies do not warrant seizure and may be remedied by indemnity or other prescribed conditions. (AI Summary)
Date 11 Mar 2019
Replies 1 Reply
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Input tax credit priority: IGST credit must be exhausted before CGST or SGST, altering credit utilisation and cash flow.
Amendments effective 1 February 2019 require full utilisation of IGST credit before using CGST, SGST or UTGST credits; the Government may prescribe the detailed order and manner of such utilisation. The change alters the previous setoff matrix by prioritising IGST, limits cross-utilisation between CGST and SGST, and provides that balances in the electronic credit ledger are reduced by refunds where claimed, thereby affecting how tax liabilities are discharged. (AI Summary)
Date 09 Mar 2019
Replies 1 Reply
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Preferential tariff treatment: withdrawal of GSP benefits can push affected exporters back to regular tariff treatment and competitiveness losses.
The Generalized System of Preferences permits exemptions from the Most Favored Nation obligation to grant generalized, non reciprocal tariff preferences to designated developing beneficiary countries while allowing beneficiary wide coverage subject to product exclusions and eligibility or withdrawal on political or market access grounds. (AI Summary)
Date 09 Mar 2019
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Environmental tribunal jurisdiction enables expedited relief, compensation, apportionment of liability and executable orders under environmental principles.
The document sets out a specialised environmental tribunal's jurisdiction, composition and procedures, prescribing filing time limits with candonation for sufficient cause, and empowering the Tribunal to grant relief, compensation and restitution for pollution and environmental damage. It provides for liability of responsible persons, equitable apportionment where harm is multi causal, application of the no fault principle in accidents, and application of sustainable development, precautionary and polluter pays principles. Tribunal orders are executable as civil decrees, subject to appellate and review windows, and non compliance attracts criminal and monetary penalties. (AI Summary)
Date 08 Mar 2019
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Container Freight Stations regulation: private operation with customs custodianship and staged approval ensuring infrastructure and compliance.
CFSs are multimodal dry ports providing transshipment, handling and temporary storage for containerised trade; private operators require in principle approval from the jurisdictional Customs Commissioner, IMC clearance, issuance of a Letter of Intent and notification under Section 8, after which operators are appointed as custodians under section 45 subject to infrastructure, equipment, security, EDI, tariff disclosure and compliance obligations, with the IMC empowered to suspend or revoke approvals for breaches or public interest concerns. (AI Summary)
Date 06 Mar 2019
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Limited Liability Partnership protects partners' personal liability while enabling flexible governance and simplified registration.
An LLP is a separate legal entity with perpetual succession that limits each partner's liability to agreed contributions while the firm remains liable to the extent of its assets. Governance is primarily by the LLP Agreement, with statutory defaults applying where the agreement is silent. Registration requires partner identity and address proofs, digital signatures, proof of registered office (or landlord consent), and details on proposed name, state, capital contribution, objects and designated partners; successful incorporation yields identification, digital signatures, name approval and a registration certificate. (AI Summary)
Author
Date 06 Mar 2019
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Reassessment power: reopening requires independently recorded reasons linking fresh tangible material to belief of escaped income.
Reassessment under Section 148 is impermissible where the return has been processed under Section 143(1) unless the Assessing Officer independently records contemporaneous reasons, based on fresh tangible material, demonstrating a link between that material and the belief that income has escaped assessment; conclusory reasons, borrowed satisfaction from another authority, or notices aimed at roving inquiries are invalid. (AI Summary)
Date 05 Mar 2019
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GST annual return preparation: reconcile returns, classify ITC, and complete GSTR-9/GSTR-9C reconciliations before filing deadline.
The annual return in FORM GSTR-9 and reconciliation statement in FORM GSTR-9C require collation of data from GSTR-3B, GSTR-1, GSTR-2A and books of account; preparatory tasks include classification of Input Tax Credit into Inputs, Capital Goods and Input Services, GSTR-2A reconciliation to detect missed or ineligible credits, HSN summaries for outward and material inward supplies, identification of supplies from composition taxpayers, deemed supplies under job-worker provisions and goods on approval not returned, and multiple reconciliations of turnover, tax liability and input tax credit between audited financials and GST returns. (AI Summary)
Date 05 Mar 2019
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Ombudsman for Digital Transactions provides a dispute resolution mechanism for digital payment service deficiencies, with complaint, limitation and appeal procedures.
Ombudsman for Digital Transactions creates a complaint redressal framework for deficiencies in digital payment services, mandates system participants to publish grievance mechanisms, and specifies covered grounds including failures in crediting, refunds, unauthorized transfers, reversals and non-adherence to Reserve Bank instructions across prepaid instruments, mobile/electronic transfers and UPI/BBPS/QR systems. Complainants must first approach the system participant; time limits and exclusions apply. The Ombudsman may promote settlement, conduct summary hearings, require documents, issue awards with monetary relief subject to caps and additional compensation for time or harassment, and awards may be appealed to an Appellate Authority. (AI Summary)
Date 04 Mar 2019
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Intermediary services: domestic place of supply precludes classification as export of services, IGST applies instead.
Intermediary services that merely arrange or facilitate supplies without providing the main supply do not qualify as export of services when the place of supply is in India; authorities have held that such intermediary activities have the place of supply in the taxable territory and therefore cannot be treated as exports under section 2(6) of the IGST Act. Where the place of supply rules render the transaction inter-State, the supplier is required to charge IGST rather than CGST plus SGST. (AI Summary)
Date 02 Mar 2019
Replies 6 Replies
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Reduction in discount not profiteering under GST: discount taken from profit margin, not part of base price.
The NAA examined pre and post GST invoices and DGAP findings and found that although the supplier's base price rose marginally due to a reduction in the discount offered, total tax incidence declined post GST. The authority treated the discount as deriving from the supplier's profit margin and not forming part of the base price; therefore the small increase in base price caused by reduced discounting did not constitute profiteering under the anti profiteering provisions. (AI Summary)
Date 01 Mar 2019
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Input Tax Credit entitlement requires prescribed tax documents, receipt of supply, supplier tax payment, returns filed, and timely payment.
Supplementary tax invoices issued as credit or debit notes allow correction of previously issued invoices and adjustment of the supplier's tax liability; such documents must carry prescribed particulars under the Revised Invoice Rules and be declared in the return for the month of issue. Input Tax Credit is available only if the recipient holds prescribed tax-paying documents (including revised invoices and debit notes), has received the goods or services, the supplier has paid the tax, the recipient has filed required returns, and payment to the supplier has been made within the prescribed period. (AI Summary)
Author
Date 01 Mar 2019
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Active company tagging requirement compels eligible companies to file e Form ACTIVE or face non compliance consequences.
Companies incorporated on or before 31 December 2017 must file particulars and registered office details in e Form ACTIVE by 25 April 2019; filing is restricted unless prior statutory filings and key appointments have been completed, requires digital signatures and specified documentary proof, and failure to file results in marking as "ACTIVE - NON COMPLIANT" and prevents registration of specified subsequent e forms. (AI Summary)
Date 28 Feb 2019