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Skill development policy: state nodal agency model linking training eligibility, certification and funding to placement outcomes.
The document outlines the institutional and operational framework for skill development in Tamil Nadu through the Tamil Nadu Skill Development Corporation as the State Nodal Agency, describing objectives, budgetary allocation, and targets. It prescribes eligibility and quality requirements for training agencies-industry MOUs for placement, qualified faculty, requisite infrastructure, acceptance of third party certification, unique trainee data submission and placement reporting-and links release of funds to achievement of specified placement thresholds under central schemes aligned to the National Skill Qualification Framework. (AI Summary)
Date 11 Dec 2018
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GST applicability on concession fee: exemption denied where land lacks formal industrial or financial area notification.
The exemption for upfront concession fees under Notification No.12/2017 requires four conditions: upfront payment, lease of thirty years or more, use for industrial or financial infrastructure in a formally declared industrial/financial business area, and grant by a qualifying government-owned entity. While the fee and lease duration and grantor status met three conditions, lack of a formal declaration that the land is an industrial or financial business area prevents application of the exemption, bringing the upfront concession fee within the GST charging framework as consideration for a long-term lease/continuous supply. (AI Summary)
Date 10 Dec 2018
Replies 1 Reply
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Completed gift requires registered execution, acceptance and delivery to transfer title; retention of possession prevents completion.
A gift is a voluntary transfer of existing movable or immovable property without consideration, requiring acceptance by or on behalf of the donee; immovable transfers must be by registered instrument attested by two witnesses, movables by registered instrument or delivery. Execution of a registered gift deed together with acceptance and delivery completes the gift and vests absolute ownership in the donee. Conditional gifts, retention of possession by the donor, absence of acceptance during the donor's lifetime, transfer of future property, or reservation of revocability affect completeness or render parts void. (AI Summary)
Date 08 Dec 2018
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Passing on tax benefit under Section 171 found not established after probe showed base price cuts exceeded extra input tax credit.
Complaint alleged failure to pass on tax benefit under Section 171 after GST implementation. Investigation showed pre GST effective tax rates were lower than alleged and GST increased tax incidence; the supplier reduced base prices and absorbed the additional tax burden, with base price reductions exceeding additional input tax credit and causing margin compression. DGAP recommended no invocation of anti profiteering provisions and the Authority found no contravention. (AI Summary)
Date 08 Dec 2018
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IFSC regulatory framework establishes eligibility, governance and operational rules for cross border securities markets and intermediaries.
SEBI (International Financial Services Centre) Guidelines, 2015 establish an IFSC regulatory framework covering applicability to exchanges, clearing corporations, depositories and intermediaries; prescribe eligibility, majority-shareholding and notification duties; set staged minimum net worth requirements; disapply specified domestic provisions while mandating adoption of international governance principles; enumerate permissible non INR securities and client categories; require appointment of a Designated Officer; and regulate issuance, listing, custody and investor eligibility for debt securities, mutual funds and alternative investment funds operating in IFSCs. (AI Summary)
Date 07 Dec 2018
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GST audit applicability requires audited accounts and reconciliation to align declared supplies with audited financial statements.
The GST audit framework mandates audit by a chartered or cost accountant and submission of audited annual accounts with a reconciliation statement in the prescribed form, reconciling supplies declared in returns with audited financial statements; auditors must perform detailed reconciliations of outward and inward supplies, ITC, ledgers and returns, explain unreconciled differences and recommend liabilities arising from non-reconciliation. (AI Summary)
Author
Date 07 Dec 2018
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GST audit requirement mandates audited accounts and GSTR 9C reconciliation to verify turnover, taxes and input tax credit.
Section 35(5) CGST Act and Rule 80(3) require registered persons exceeding the turnover threshold to obtain an audit by a Chartered or Cost Accountant and furnish audited annual accounts and a reconciliation statement in Form GSTR 9C. Section 44(2) mandates filing the annual return (GSTR 9) electronically along with audited accounts and a reconciliation reconciling supplies declared in returns with the audited financial statements. The auditor must verify registration, transitional credit, valuation and discharge of tax liabilities, ITC claims and reversals, return filings, invoice documentation, and reconcile GST reporting with books and income tax disclosures. (AI Summary)
Date 06 Dec 2018
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Anti profiteering under GST may be limited to intra GST rate reductions, constraining pre GST versus post GST comparisons.
Anti profiteering requires passing reductions in tax rates or input tax credit benefits to recipients by commensurate price reductions, but the provision's placement and reference to "supply"-a concept effective only under GST-suggests it may apply solely to intra GST rate reductions and not to comparisons between pre GST and post GST tax regimes, creating an interpretational issue likely to be litigated. (AI Summary)
Date 06 Dec 2018
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Company incorporation procedures: five-step compliance process for name reservation, document assembly, SPICe filings and certification.
The document sets out a five-step compliance process for company incorporation under the Companies Act, 2013: name reservation via RUN or SPICe with a twenty-day reservation period; preparation of prescribed documents including subscriber/director declarations, registered office proof, owner NOC, utility bills, KYC, DIR 2 consents and DSCs; completion of SPICe (INC 32), SPICe MOA (INC 33) and SPICe AOA (INC 34) capturing company type, capital, directors, subscribers, MOA objects and AOA articles; professional certification by a practicing CA/CS/CMA; and filing with payment of statutory fees and Registrar scrutiny leading to incorporation. (AI Summary)
Author
Date 06 Dec 2018
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Input tax credit eligibility affirmed where taxes paid by third parties or suppliers still permit recipient credit.
Under GST, input tax credit is available where taxes charged on supplies used in business meet prescribed documentary, receipt and return conditions; payment to Government may be made by a person other than the recipient without defeating credit. IGST on imports shown in a Bill of Entry in the recipient's name is within input tax if the recipient received the goods and files returns, and the 180 day reversal proviso aimed at unpaid supplier liabilities does not apply to taxes paid directly to Government. Warranty replacements treated as supplies likewise generate credit if statutory conditions and non blocking rules are met. (AI Summary)
Author
Date 05 Dec 2018
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GST compliance updates: e-way bill controls, provisional assessment forms and return filing extensions affect filing obligations procedures.
Operational updates streamline GST compliance: the CAG will audit GST implementation; e-way bill rules now prevent duplicate bills, clarify CKD/SKD and export/import party and location entries, categorize EWB types and enhance bulk generation; GSTN added provisional assessment forms (ASMT-01, -03, -05), online mechanisms to reply to and withdraw summary assessments, and released GSTR-9A for composition taxpayers; CBIC extended various return due dates in specified districts; online GST registration now includes deemed approval to speed registrations. (AI Summary)
Date 05 Dec 2018
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Circular non compliance: failure to withdraw low effect tax appeals perpetuates unnecessary litigation and court burden.
Non compliance by revenue authorities with CBDT circulars has produced avoidable tax litigation where appeals with low tax effect proceed instead of being withdrawn. CBDT circulars fall into three operative categories-limits for low tax effect, non litigation on issues settled by accepted judgments, and adherence to CBDT decisions favouring taxpayers-and are binding on revenue officers. Despite this, assessing officers, appellate officers and revenue counsel frequently file or press appeals and related petitions, increasing pendency and wasting judicial time; systematic withdrawal and stricter adherence to circulars is urged. (AI Summary)
Date 05 Dec 2018
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Conversion of public company to private company: simplify procedures with stakeholder notice, online grievance and delegated oversight.
Conversion of a public company into a private company should be facilitated by a simplified procedural regime when the company meets private company characteristics; stakeholder safeguards such as notice, an online grievance portal and professional certifications can protect interests while delegating routine oversight to registrars and relying on digital processes rather than mandatory tribunal scrutiny in uncontested cases. (AI Summary)
Date 04 Dec 2018
Replies 1 Reply
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GST audit responsibilities require management to maintain records and auditors to certify the reconciliation statement free of material misstatements.
Management must ensure GST compliance, prepare the reconciliation statement in accordance with GST law, maintain adequate accounting records and internal controls, and provide timely access to financial records and written confirmations. The GST auditor must audit the reconciliation statement to obtain reasonable assurance it is free of material misstatement, conduct the audit under auditing standards generally accepted in India and GST requirements, use risk-based test procedures, consider internal control for planning, make specific inquiries of management, and maintain working papers confidential, subject to peer review. (AI Summary)
Author
Date 04 Dec 2018
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Registration requirements for partnership firms: Form No. 11/11A and documentary steps determine tax recognition and updates.
Registration under the Income Tax Rules, 1962 requires applications in Form No. 11 where no change in firm constitution or partners' shares occurred during the relevant previous year, and in Form No. 11A where changes occurred; applications must be accompanied by the original partnership instrument(s) or certified duplicates evidencing the partnership as it existed during the previous year up to the date of application. Fresh applications are required after any subsequent change in constitution occurring before the end of the previous year, and similar documentary and signature formalities apply to applications filed after the end of the financial year. (AI Summary)
Date 03 Dec 2018
Replies 1 Reply
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Zero rated supply: food supplied to SEZ unit employees does not qualify as zero-rated and attracts standard GST classification.
Whether prepared food supplied to employees of a Special Economic Zone unit qualifies as zero rated supply depends on recipient identity: employees or employee cooperatives are not SEZ developers or SEZ units, so such supplies do not meet the statutory zero rated category and must be classified under the ordinary GST scheme; the activity of cooking off premises and delivering to employees is treated as outdoor catering rather than restaurant service. (AI Summary)
Date 01 Dec 2018
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Annual Return compliance: GSTR-9 is a consolidated, non-revisable filing requiring strict reconciliation with periodic returns.
The article explains that the Annual Return under GST (Form GSTR-9) is a consolidated, non-revisable electronic return required of most registered persons, categorised by taxpayer type, and due annually. It details part-wise reporting obligations (outward/inward supplies, advances, RCM, debit/credit note amendments, exempt/non-GST supplies, total turnover), ITC classification and lapse rules, tax payment bifurcation, prior-year amendments, refund and HSN summaries. The piece highlights interpretational ambiguities, reconciliation dependencies on periodic returns, and practical compliance burdens that may cause loss of eligible credit. (AI Summary)
Date 30 Nov 2018
Replies 3 Replies
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Stamp duty on foreign arbitration awards: not required for enforcement in India under current statutory framework.
Foreign arbitral awards enforceable under the Arbitration and Conciliation Act are subject to the Act's documentary and translation evidence requirements and to defined enforcement defences, but the Indian Stamp Act's Schedule I definition of "award" refers only to awards made within India and has not been extended to include foreign awards; accordingly, foreign awards are not liable to stamp duty as a precondition to enforcement in India. (AI Summary)
Date 29 Nov 2018
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MSME reform measures: Procurement and credit facilitation enhanced, compliance, inspection and environmental self-certification streamlined.
Regulatory measures for MSME include rapid online loan approvals and increased export interest rebate; a trades platform for uploading invoices to enable bank bill discounting and an online complaint portal for delayed payments; procurement quotas for PSUs and large companies with a reserved share for women-led MSMEs and mandatory use of the government e-marketplace; funding for technology training and cluster support; simplified labour returns and randomized, digitally reported inspections; environmental self-certification with limited inspections; and Companies Act amendments to remove harsh punishments for minor violations. (AI Summary)
Author
Date 29 Nov 2018
Replies 1 Reply
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Environmental protection through waste reduction: promote resource-efficient habits and packaging to cut pollution and energy consumption.
Environmental protection requires minimising avoidable consumption and wastage across goods, packaging, medicines, food, water and energy because waste generation and damaged packaging increase pollution. Practical measures include conserving water and electricity, optimising domestic fuel use, limiting unnecessary lighting and ironing, and reducing smoke from ritual and personal activities. While fiscal incentives exist, behavioural change and promoting packaging integrity are necessary complements to subsidies and tax concessions to achieve meaningful reductions in resource use and pollutant emissions. (AI Summary)
Date 28 Nov 2018