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Reconciliation of audited turnover with GST annual return to derive taxable turnover and explain specified adjustments.
Form GSTR-9C Part A Pt II mandates a GSTIN-wise reconciliation between audited financial statement turnover and annual return turnover, requiring state-wise trial balances where applicable. Disclosures must quantify unbilled revenue, advances (whether GST-paid or revenue-recognized), Schedule I taxable supplies excluded from books, post-year credit notes, trade discounts subject to GST, inadmissible credit notes, SEZ-to-DTA supplies, valuation differences under section 15, forex fluctuation impacts, and other specified divergences. The adjusted figures must reconcile to produce the taxable turnover matching the annual return or explain variances. (AI Summary)
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Date 20 Sep 2018
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Tax deduction at source under GST requires notified public authorities to withhold from supplier payments and remit promptly.
Specified public authorities, government departments, local authorities, governmental agencies and other notified entities must deduct tax at source on payments to suppliers of taxable goods or services when supplies exceed the statutory threshold; they must register compulsorily, apply for registration and amendments electronically, remit deducted tax within the prescribed monthly timeline, file the prescribed electronic TDS return and furnish an electronic TDS certificate to the deductee. Interest, penalties and late fees apply for delayed remittance, non-deduction, or failure to issue the certificate; refund of excess deduction is subject to electronic ledger conditions. (AI Summary)
Date 20 Sep 2018
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Annual Return compliance: expanded ITC reconciliation and new bifurcation/reporting obligations increase reporting burdens and reconciliation risk.
Annual Return imposes extensive nine month reconciliations and new disclosure fields that do not auto populate from GSTR 1 and GSTR 3B, requiring taxpayers to reclassify sales, purchases, credit/debit notes and to bifurcate Input Tax Credit into Inputs, Capital Goods and Input Services. Reliance on GSTR 2A for available ITC is inadequate because it does not confirm supplier payment, and the return separately computes ITC that will lapse by comparing GSTR 2A/import records with ITC availed in GSTR 3B, creating a narrow corrective window and substantial IT system and reporting burdens. (AI Summary)
Date 18 Sep 2018
Replies 1 Reply
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Late fee under GST: statutory daily levy for delayed return filing, subject to prescribed maxima and administrative waivers.
The statute imposes a daily late fee for registered persons who fail to furnish prescribed GST returns and details within specified due dates, subject to maximum limits; return obligations include GSTR-1, GSTR-2, periodic returns (GSTR-3/3B, GSTR-5, GSTR-6, GSTR-7, GSTR-9A), final return (GSTR-10) and annual return (GSTR-9). The Central Government may waive late fees, in full or part, on Council recommendation, and multiple notifications have granted time- and class-specific waivers or partial relief; a public interest constitutional challenge was dismissed. (AI Summary)
Date 18 Sep 2018
Replies 3 Replies
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GST amendments enabling transitional relief, annual return reconciliation and streamlined ITC refund and recovery procedures.
Amendment Acts to central, integrated and union territory GST laws introduce transitional provisions for registration gaps, settlement of integrated tax between Centre and States, and input tax credit utilisation; the Compensation to States amendment permits distribution of unutilised compensation fund balances during a financial year on Council recommendation and prescribes sharing of recovery of shortfalls between Centre and States. Form GSTR-9 has been notified requiring detailed annual reconciliation and audit support; targeted filing extensions, waivers, and ITC filing relaxations have been provided. Refund processing may rely on FORM GSTR-2A in lieu of supplier invoices, and reversals of wrongly availed pre-GST or transitional credits may be effected via FORM GSTR-3B entries with applicable interest and penalty. (AI Summary)
Date 17 Sep 2018
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Tax Deduction at Source under GST: specified entities must withhold and remit tax from high value supplier payments promptly.
Section 51 and Section 52 of the CGST Act, effective October 1, 2018, establish statutory regimes requiring specified government and notified entities to deduct tax at source from supplier payments above the contract threshold and obliging electronic commerce operators to collect tax at source on net supplies made through their platforms. Both deductors and collectors must compulsorily register, remit deducted/collected tax within ten days after month end, issue prescribed certificates or statements, enable deductees/suppliers to claim input tax credit for tax reflected in returns, and comply with matching, reconciliation, interest, penalty and refund procedures prescribed under the Act. (AI Summary)
Author
Date 17 Sep 2018
Replies 3 Replies
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GST late fee waiver and filing extensions granted, with input tax credit subject to statutory time-bar protections.
A one-time waiver scheme and notification-based extensions have been issued to waive late fees and extend filing dates for FORM GSTR-1 and to extend filing timelines for FORM GSTR-3B for specified historic periods and for taxpayers migrating into GST. The measures include geographic and turnover-based variations in due dates and are intended to encourage filing; taxpayers are warned that input tax credit remains subject to the statutory time bar tied to the return due in September following the financial year or the annual return, whichever is earlier. (AI Summary)
Author
Date 14 Sep 2018
Replies 1 Reply
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GST on ENA increases production costs for alcoholic beverage manufacturers by denying input tax credit.
GST is applicable on the supply of Extra Neutral Alcohol (ENA) when used to manufacture alcoholic liquor for human consumption, per a Himachal Pradesh clarification adopting the Attorney General's opinion; suppliers must register under GST and tax is leviable under the relevant Schedule entry. This creates a mismatch because potable alcoholic beverages remain outside GST, depriving manufacturers of input tax credit and increasing production costs, while non-potable industrial uses of ENA under GST retain set-off benefits. (AI Summary)
Date 14 Sep 2018
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Input tax credit on CSR expenses hinges on whether CSR activity constitutes furtherance of business under GST.
Whether taxes on Corporate Social Responsibility expenditures qualify as input tax credit under GST hinges on whether such supplies are inputs or input services "used or intended to be used in the course or furtherance of business." A tribunal decision allowed credit where CSR services bore a sufficient nexus to the taxpayer's business and enhanced corporate operations or reputation, but statutory income tax restrictions, rule based exclusions, temporal issues and lack of explicit GST provisions leave the question unsettled and dependent on nexus analysis. (AI Summary)
Date 13 Sep 2018
Replies 3 Replies
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TDS obligations require deductors to withhold tax on specified payments and remit timely to avoid interest and penalties.
TDS obligations require persons or entities making specified payments to withhold tax at prescribed rates and thresholds, deposit deducted tax within prescribed timelines, file periodic e TDS returns and issue TDS certificates; failure to deduct or deposit attracts interest, penalties and disallowance, while non furnishing of PAN or invalid lower deduction certificates results in higher withholding. (AI Summary)
Author
Date 13 Sep 2018
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Reverse charge mechanism under GST places tax liability on the recipient, requiring registration, self-invoicing and reporting obligations.
Reverse charge mechanism shifts GST liability to the recipient in two scenarios: government-notified categories and supplies from unregistered suppliers to registered recipients. Recipients liable under RCM must register irrespective of turnover, self-invoice purchases from unregistered suppliers, pay RCM from the electronic cash ledger (ITC cannot be used to discharge RCM but may be claimed afterwards if eligible), and comply with time-of-supply rules, invoice marking, record-keeping and distinct return reporting; specified goods and services lists determine many RCM applications. (AI Summary)
Author
Date 12 Sep 2018
Replies 2 Replies
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Rectification petitions: pendency should extend time for filing appeals, but courts often refuse condonation, increasing litigation.
The core operative issue is whether pendency of a rectification petition justifies extension of limitation for filing an appeal; the High Court found pendency alone an inadequate justification for substantial delay, and the Supreme Court dismissed the assessee's special leave petition. The note argues that rectification proceedings can provide an effective, expeditious alternative to appeals, that time spent pursuing bona fide rectification should be treated as extending appeal limitation, and that tribunals should more readily correct mistakes apparent on the record to reduce litigation. (AI Summary)
Date 12 Sep 2018
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Principal-agent relationship under GST clarified: invoice issuance and title authority determine supply characterization and registration.
Clarifications define the scope of the principal-agent relationship under Schedule I by focusing on whether the agent issues the invoice for further supply in his name or on behalf of the principal; this invoice issuance and authority to pass or receive title determine whether transfers are treated as supply without consideration. The Board prescribes reversal of wrongly availed CENVAT and transitional credits through Table 4(B)(2) of FORM GSTR-3B with applicable interest and penalty, and sets out procedural and documentary steps for refund processing, special CSD refund claims, and e-way bill treatment for goods stored in transporters' godowns. (AI Summary)
Date 11 Sep 2018
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Tax audit obligation under section 44AB requires chartered-auditor reports and prescribed annexures by the specified date.
The document sets out the tax audit obligation: audits ensure proper maintenance of books and accurate income reporting, must be conducted by a Chartered Accountant where turnover or receipt thresholds are met or where presumptive provisions are disapplied, and are due by the specified date. It explains that audits under other laws suffice if the prescribed tax-audit report and annexure are furnished by that date. It also summarises the penalty framework subject to reasonable cause, auditor signing limits, non revisionability of filed reports except by law change, and use of Form No.3CA/3CB with Form No.3CD annexure. (AI Summary)
Author
Date 11 Sep 2018
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Input tax credit deadline: reconcile GSTR 2A and file September returns to prevent lapse of prior year credits and adjustments.
A statutory time bar causes ITC for FY 2017-18 invoices to lapse unless reconciled and claimed in the September 2018 return. Taxpayers must reconcile books with GSTR 2A, procure vendor corrections or duplicate invoices, issue credit notes for 2017-18 by the September deadline, and finalise annual re determination of ITC attributable to exempt supplies. Reverse charge tax and eligibility conditions (invoice possession, receipt of goods/services, supplier payment, and payment to vendor) may create conflicts with the time bar and require proactive resolution before filing the September return. (AI Summary)
Author
Date 11 Sep 2018
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Annual GST return obligations require electronic filing and audited reconciliation where audit thresholds are met.
Registered persons must file an electronic annual return by the due date, with specified exclusions and a separate annual statement for ecommerce operators; audited accounts and a certified reconciliation statement must be furnished by persons exceeding the audit threshold, and the annual return comprises identification details, detailed supply schedules, ITC reporting and reversals, tax payment particulars, prior year amendments, refund and demand particulars, HSN summaries and verification. (AI Summary)
Date 10 Sep 2018
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Cancellation of registration: proceedings may be dropped if pending returns are filed and tax, interest and fees are paid.
The amendment allows the proper officer to drop registration cancellation proceedings if the person furnishes all pending returns and makes full payment of tax, interest and late fees, with the order to be passed in FORM GST REG-20; it relaxes input tax credit eligibility by permitting credit where a document shows tax charged, supply description, total value, supplier and recipient GSTINs and place of supply for inter state supplies. (AI Summary)
Date 08 Sep 2018
Replies 1 Reply
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Classification of Artificial Stone: Caesarstone classified as article of artificial stone, not natural quartz, for GST purposes.
The dispute is whether imported Caesarstone-engineered slabs made by agglomerating high percentage quartz with resins and pigments-qualifies under Chapter 25 (HSN 2506) as natural quartz or under HSN 6810 as an article of artificial stone. Chapter Note 1 to Chapter 25 confines that chapter to crude or mechanically treated quartz (lumps or powder), whereas HSN 6810 covers agglomerated/artificial stone formed with binders. Applying tariff interpretation rules, AAR and AAAR concluded the product is an agglomerated artificial stone and classifiable under HSN 6810. (AI Summary)
Date 07 Sep 2018
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Lapsing of Input Tax Credit challenged as beyond refund powers, risking extinguishment of vested credit rights.
Notification No. 20/2018-C.T. (Rate) treats denial of refund for accumulated ITC as lapsing of the underlying credit, but the statutory proviso empowering denial of refunds is limited to specifying supplies ineligible for conversion of accumulated credit into cash. That power does not authorise extinguishing the substantive, vested right to claim and utilise ITC; denial of refund leaves credit available for discharge of tax liabilities via the electronic credit ledger and rejected refund amounts must be re credited, so equating refund denial with lapsing is beyond the statute and constitutionally problematic. (AI Summary)
Date 07 Sep 2018
Replies 1 Reply
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Mixed supply: UPS bundled with a separately marketable battery is treated as mixed supply when offered at a single price.
The AAR held that where a UPS and an external storage battery are independent goods that may be supplied separately but are offered together at a single price, the transaction is a mixed supply; only where the battery is in built and inseparable from the UPS will the supply be a composite supply classified under the principal tariff head for UPS. (AI Summary)
Date 06 Sep 2018