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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
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Unit container qualification rejected where packaging lacks predetermined quantity indication, affecting GST exemption eligibility under notifications.
The Appellate Authority for Advance Ruling held that frozen whole animal carcasses packed in LDPE/HDPE bags do not qualify as a unit container because the packaging is not designed to hold a predetermined quantity or number and the purchaser lacks advance knowledge of fixed quantity per package; handwritten weight markings on outer bags do not satisfy the requirement that the predetermined quantity be indicated on the package. (AI Summary)
Date 28 Feb 2019
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State Compensatory Afforestation Fund governance mandates fund use for afforestation, protection, and wildlife conservation with oversight.
The State Compensatory Afforestation Fund is established and managed by a State Authority under State Government control, funded from transfers, user-agency payments for compensatory afforestation and net present value, grants, loans and donations; monies are to be used for site-specific afforestation, forest protection, wildlife management and related infrastructure, with user-agency receipts for protected areas used exclusively for protection and conservation. The State Authority's governing body, steering committee and executive committee have defined memberships, meeting frequencies, functions, investment powers, account auditing by the C&AG, and annual reporting and laydown obligations. (AI Summary)
Date 27 Feb 2019
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Profiteering under GST: absence of tax rate reduction or unchanged base prices precludes anti profiteering action.
Allegations of profiteering require proof that a supplier failed to pass on a reduction in tax incidence or input tax credits. Where implementation of GST did not reduce the effective tax rate on a product, or where pre and post GST base prices remained unchanged, the anti profiteering provision is not attracted; documentary invoice comparison showing no tax rate reduction or no increase in base price negates a prima facie case and supports dismissal of complaints. (AI Summary)
Date 26 Feb 2019
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Active Company tagging compliance requires e Form ACTIVE filing; non filing triggers active non compliant status and filing restrictions.
Every company incorporated on or before 31st December, 2017 must file particulars and registered office details in e Form ACTIVE by the prescribed date; the form requires photographic and geolocation evidence of the registered office, company email for OTP, director DINs, auditor and KMP details, SRNs of annual filings, two directors' DSCs and professional certification. Exempt companies include those struck off, under striking off, in liquidation, amalgamated or dissolved. Non filing results in the company being marked "ACTIVE non compliant", invoking consequences under section 12(9) and preventing acceptance of specified event based filings until compliance and fee payment restore status. (AI Summary)
Author
Date 26 Feb 2019
Replies 1 Reply
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Valuation inclusion of free of cost tooling: include recipient borne costs only when supplier was contractually liable to pay.
Section 15(2)(b) of the CGST Act mandates inclusion in taxable value of amounts the supplier is liable to pay but which the recipient has incurred. When recipients procure and provide tooling or goods FOC, inclusion in the supplier's value arises only if the supplier would otherwise have been obliged to bear those costs. Departmental clarification states OEM owned moulds/dies supplied FOC in the course of the OEM's business do not constitute a supply and do not require reversal of input tax credit; where contractual allocation makes the supplier liable to provide tooling, amortised tooling cost must be included and credit reversed. (AI Summary)
Date 23 Feb 2019
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MSME filing obligation: specified companies must report outstanding dues to micro and small suppliers and file recurring returns.
Specified companies receiving goods or services from micro or small enterprises and having payments unpaid beyond 45 days must file MSME Form I: an initial one-time return for dues existing on the notification date and subsequent half-yearly returns, reporting total outstanding amounts, supplier particulars (including PAN), payment details and reasons for delay; failure attracts statutory interest for delayed payment and penalties for incorrect or non-filing. (AI Summary)
Author
Date 23 Feb 2019
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Medicament classification depends on primary therapeutic use and consumer perception, not Ayurvedic label or incidental ingredients.
Classification for GST depends on whether a skin care product is a medicament or cosmetic/soap, determined by primary intended use, substantial therapeutic efficacy and consumer perception; mere Ayurvedic formulation or incidental medicinal ingredients do not suffice, and advance rulings must consider each heterogeneous product separately while also permitting rulings on proposed supplies. (AI Summary)
Date 22 Feb 2019
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Compensatory afforestation fund: centralised National Fund and Authority to manage, disburse and monitor forest restoration financing.
The Compensatory Afforestation Fund Act, 2016 establishes a National Compensatory Afforestation Fund, transfers monies from the ad hoc authority to that Fund, and channels most collections to State Funds while retaining a portion for national administrative, monitoring and scheme expenditures. It defines key terms including compensatory afforestation, net present value and penal compensatory afforestation; creates a National Authority with a Governing Body, Executive Committee and Monitoring Group to set policy, approve and execute plans, invest surplus funds, and conduct concurrent monitoring and audits; and requires budgetary procedures, C&AG audit and an annual report disclosing activities, schemes and financial accounts. (AI Summary)
Date 22 Feb 2019
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Utilisation of input tax credit: IGST credit must be exhausted first, reshaping GST credit application and cashflow effects.
Insertion of 49A and 49B requires that IGST input tax credit be exhausted before credits attributable to central, State or Union territory taxes may be utilised; 49B further authorises the government to prescribe the order and manner of ITC utilisation, while prior prohibitions on certain cross utilisation between central and State/UT credits continue to apply. The change may cause accumulation of CGST/SGST/UTGST credits and related cash flow impact. (AI Summary)
Date 21 Feb 2019
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GST registration threshold: States may opt for higher exemption limits for goods suppliers, altering registration obligations.
Registration under GST is required where a supplier's aggregate turnover in a financial year exceeds the statutory threshold, with a lower threshold for suppliers in special category States. The piece sets out statutory definitions of supplier and aggregate turnover, exclusions from aggregate turnover, the amendment enabling the Government to raise the special-category threshold on Council recommendation, and the GST Council's decision to offer States alternative higher threshold options for goods suppliers, with implementation from the specified effective date. (AI Summary)
Date 21 Feb 2019
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Pension contribution deduction: enhanced NPS deduction structure permits additional tax relief beyond core retirement deductions.
The tax treatment of National Pension Scheme contributions is administered under Section 80CCD, which provides three deduction streams: Section 80CCD(1) for individual self-contributions (salaried and self employed) subject to salary- or income-linked proportionality and aggregation with the Section 80C ceiling; Section 80CCD(2) for employer contributions to salaried employees measured by the least of employer contribution, a percentage of salary, or gross total income and excluded from the 80C ceiling; and Section 80CCD(1B) granting an additional deduction for self-contributions above the 80C/80CCD(1) aggregate up to a prescribed limit. Withdrawals follow an EET-like taxation with annuity receipts taxable as income. (AI Summary)
Author
Date 20 Feb 2019
Replies 1 Reply
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GSTR-3B summary return: mandatory self-declaration of GST liabilities with prescribed disclosure tables and non-revision rule.
GSTR-3B is a consolidated summary return requiring all normal and casual taxpayers to self-declare and pay GST liabilities for each tax period (due by the 20th of the following month, subject to extension). The form is filed via the GST Portal Returns Dashboard, saved before payment, and contains no invoice-level matching; liabilities and ITC (eligible/ineligible) are declared in specified tables. The return cannot be revised after filing and adjustments must be made in subsequent periods. Reversals of ITC are to be shown in the ITC reversal fields of table 4(B)(1) and 4(B)(2). (AI Summary)
Date 20 Feb 2019
Replies 2 Replies