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GST treatment of extra neutral alcohol could alter beverage manufacturers' profitability and market valuations and trigger regulatory distribution conflicts.
Inclusion of Extra Neutral Alcohol (ENA) within the GST net would tax a primary input for potable alcohol, increasing manufacturers' costs and compressing margins unless retail prices rise; this proposal has created state-centre fiscal tension over taxing rights and generated capital market volatility driven by investor expectations of EBITDA impact. Administrative steps included a declined Advance Ruling pending GST Council direction and an Attorney General opinion that certain ENA types are not fit for human consumption, leaving the policy unresolved and market overhangs intermittent. (AI Summary)
Date 22 Aug 2018
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Deemed dividend reporting requirement should be removed from current tax audit form; amend to target payments verifiable from payer companies.
The Form 3CD insertion requiring reporting of receipts that may be treated as deemed dividend imposes inquiries beyond the auditee's books, often requiring third party company data (such as accumulated surplus, payor company status and recipient's substantial or beneficial interest) that auditors cannot independently verify; the clause should be omitted for the immediate year and, prospectively, narrowed to seek only payments by companies that can be verified from the paying company's records. (AI Summary)
Date 21 Aug 2018
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Deduction under section 35AC for payments to approved entities depends on Committee approval and compliance with reporting.
A deduction is available for payments to approved public sector companies, local authorities, or associations/institutions for eligible projects or schemes approved by the National Committee, conditional on prescribed certificates and reporting. The Committee approves entities meeting charitable and governance criteria, may withdraw approval for non compliance after hearing, and treats amounts previously deducted as income of the recipient upon withdrawal, with taxation at the maximum marginal rate. Approvals are time limited and subject to renewal based on performance. (AI Summary)
Date 21 Aug 2018
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Forfeiture of gratuity not automatic; contractual better terms prevail and criminal conviction needed for moral turpitude forfeiture.
Forfeiture of gratuity under the Payment of Gratuity Act is not automatic on dismissal; contractual "better terms" prevail and may limit forfeiture to proven financial loss, while forfeiture for acts purportedly involving moral turpitude requires that the misconduct constitute a punishable offence and result in conviction by a competent court. (AI Summary)
Date 20 Aug 2018
Replies 2 Replies
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Settled legal position: revenue should withdraw appeals and permit rectification to conform to higher court law, saving litigation.
Settled legal position requires revenue to withdraw or not press appeals on issues already authoritatively decided, and to permit rectification of earlier orders when a higher authority or larger bench revises the law; statutory or procedural provisions should mandate following higher authority decisions in force and allow time limited rectification by tax authorities and assessees to conform orders with prevailing legal position. (AI Summary)
Date 20 Aug 2018
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Companies amendment notification expands corporate compliance obligations across definitions, governance, audits, beneficial ownership and offences.
Ministry of Corporate Affairs notified multiple sections of the Companies (Amendment) Act, 2017 to amend the Companies Act, 2013, affecting Definitions, incorporation and registered office rules, prospectus and share issue regimes (including private placement and sweat equity), prohibition and repayment of deposits, registration and satisfaction of charges, establishment of a Register of Significant Beneficial Owners, revised return, meeting and filing obligations, corporate governance (board, directors, related party transactions), audit framework including NFRA, and enforcement mechanisms including tribunals, special courts and penalties for fraud and false statements. (AI Summary)
Author
Date 20 Aug 2018
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Special Economic Zone Authority governance and supervisory powers regulate composition, meetings, reporting and Central Government supersession.
Section 31 establishes a corporate Special Economic Zone Authority with powers to manage SEZ property and operations; the Authority's composition includes ex officio officials and up to two nominated entrepreneurs with two year terms, vacancy rules for entrepreneur members, and Central Government authority to fill vacancies. The Rules mandate meeting frequency, quorum, notice and minute procedures, a mandatory March meeting to finalise accounts, duties to prepare and approve audited accounts, powers to raise resources, and obligations to submit prescribed returns and annual reports to the Central Government. (AI Summary)
Date 17 Aug 2018
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Strike off procedure under Companies Act allows voluntary removal after liabilities are extinguished, special resolution and statutory notice period.
Voluntary strike off under Section 248(2) requires a board resolution authorising application, extinguishment of all liabilities, member approval by special resolution, and filing Form STK-2 with the ROC accompanied by indemnity bonds, director affidavits, a recent CA certified statement of accounts, certified special resolution and particulars of pending litigation; the company must host the application on its website until disposal, after which the ROC issues public notices inviting objections, notifies regulatory authorities, and on compliance publishes the dissolution notice in the Official Gazette, while corporate liabilities and enforcement against directors and officers continue. (AI Summary)
Author
Date 17 Aug 2018
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Reverse charge mechanism: recipient liable for GST on specified supplies and purchases from unregistered suppliers.
The document sets out the reverse charge framework under the CGST Act: tax may be payable by the recipient either where supplies are specifically notified for reverse charge or where a registered recipient acquires goods or services from an unregistered supplier. It lists notified goods and services attracting reverse charge (notably GTA services, legal services to business entities, arbitral tribunal services, sponsorships, specified government-supplied services, director services, insurance and recovery agent services, copyright transfers, RBI committee services, and direct selling agent services) and explains recipient-based exemptions, de minimis thresholds and notification-driven suspensions or extensions of the reverse charge obligation on purchases from unregistered persons. (AI Summary)
Date 17 Aug 2018
Replies 16 Replies
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Doctrine of reading down protects bona fide purchasers' input tax credit when sellers default, barring collusion and absent mala fide.
The doctrine of reading down allows courts to construe statutory language narrowly to preserve constitutionality or to resolve vagueness by reference to purpose and context, but not to remake clear and unambiguous provisions. In the tax-credit context, a broad denial of input tax credit may be read down to exclude bona fide purchasing dealers who have valid invoices, complied with return and reconciliation requirements and shown due diligence, while enforcement measures remain available against defaulting sellers and in cases of collusion. (AI Summary)
Date 16 Aug 2018
Replies 1 Reply
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GST rate rationalization proposes fewer slabs to simplify compliance while aiming to preserve revenue neutrality.
A proposed policy to simplify India's multi slab GST structure recommends converging intermediate rates, retaining a nil and a higher band, and phasing toward a median rate as compliance and revenues stabilize, using streamlined exemptions and an effective input tax credit mechanism to preserve progressivity and revenue neutrality while reducing compliance and administrative costs. (AI Summary)
Date 16 Aug 2018
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Professional expenditure: payment of PG service-bond to secure practice rights is deductible against professional income.
Payment of a compulsory post-graduate service bond is a contractual payment made to obtain release from state-imposed service obligations so the doctor may practise, pursue further training, and improve earning capacity. The payment is neither personal nor capital in character but is incurred wholly and exclusively for the purpose of carrying on the profession. Therefore, such bond payments should be treated as an allowable expenditure against professional income, subject to proper evidence that the outlay was made in the course of professional activity. (AI Summary)
Date 16 Aug 2018
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Fugitive economic offender designation enables confiscation of an offender's property and bars civil claims pending declaration.
The Bill establishes a procedure whereby the Director files an application to a Special Court for declaring an individual a fugitive economic offender; the court issues a notice to appear and, if the individual fails to comply, may declare them a fugitive economic offender, confiscate proceeds of crime and any property owned in India, and appoint an administrator to dispose of assets to satisfy creditor claims. (AI Summary)
Author
Date 16 Aug 2018
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Procedural time limit in arbitration challenges should be read as directory to preserve judicial flexibility and justice.
Whether the one year disposal requirement for challenges to arbitral awards is mandatory or directory hinges on statutory purpose and consequences: although the provision uses "shall" and prescribes a one year procedural time limit measured from notice, it contains no sanction for breach, creating ambiguity. Courts have preferred a directory construction to preserve judicial discretion and prevent forfeiture of justice in complex matters or where systemic delay occurs; legislative amendment to temper the absolute phrasing would align the statute with its expeditionary aim. (AI Summary)
Author
Date 14 Aug 2018
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Intangible asset depreciation: education and training costs for professional licenses qualify for depreciation under income-tax rules.
Costs of education, training and examinations incurred to obtain entitlement to practise a profession are costs of a license and constitute intangible assets used in the profession, eligible for deduction by way of depreciation allowance. Actual cost for depreciation includes amounts paid by the assessee, interest on loans for acquiring qualifications and reimbursable payments to third parties; scholarships and grants raise contested issues but are often treated as capital receipts not deductible from actual cost, while statutory amendments treating subsidies as income create uncertainty. (AI Summary)
Date 14 Aug 2018
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Corporate Identity Number obligations require companies to print CIN on business documents and tax invoices, noncompliance attracts daily penalty.
Section 12(3)(c) requires companies to print their name, registered office address and the Corporate Identity Number, together with telephone, fax (if any), e mail and website addresses (if any), on all business letters, billheads, letter papers, notices and other official publications. Noncompliance renders the company and the officer in default liable to a daily monetary penalty subject to a statutory ceiling. Companies should verify that Tax Invoices, both before and after GST implementation, include the Corporate Identity Number to meet this disclosure obligation. (AI Summary)
Author
Date 14 Aug 2018
Replies 1 Reply
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Goodness as path to success: cultivate ethical disposition to generate direction, ideas and progressive achievement.
Advocates goodness as the comprehensive means to success-a disposition that subsumes hard work, smart work and positive thinking-and prescribes a three-step method: cultivate personal goodness, receive natural direction and ideas, and thereby achieve progressive success; the author promotes a free OOZE book, provides distribution links and contact details, and includes reader endorsements and related reflections. (AI Summary)
Author
Date 13 Aug 2018
Replies 10 Replies
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E way bill exemption for specified goods clarified, with central notifications and diverse state lists and value based conditions.
The note explains central and state exemptions from the e way bill requirement under GST: central rate Notifications (No.07/2017 and No.26/2017) and Rule 138(14)(j) exempt listed supplies from e way bills, Schedule III non supply items are excluded under Rule 138(14)(g), and multiple state notifications enumerate goods and consignment value based conditions that relieve intra state movements from e way bill generation, subject to specified documentary and area or conveyance conditions. (AI Summary)
Date 13 Aug 2018
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Input tax credit matching introduced: supplier-recipient verification creates joint liability for mismatches under amended GST return procedures.
The Bill amends GST law to refine definitions and administration, revises the scope of supply and reverse charge rules, adjusts composition levy eligibility and service supply limits, and overhauls ITC mechanics by deeming receipt where goods/services are delivered on a registrant's direction, specifying apportionment and blocked credits (including rules for vehicles, vessels and insurance), introducing procedures for supplier disclosure and recipient verification on a common portal, capping credit on unmatched supplies, and creating joint liability for supplier and recipient in relation to furnished outward-supply details. (AI Summary)
Date 11 Aug 2018
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E way bill exemptions clarified: specified goods and certain customs, non motorized and local movements are outside the e way bill rule.
Rule 138(14) exempts specific goods and movements from the e way bill requirement, including goods listed in the Annexure and Notification No.2/2017 (as amended), transport by non motorized conveyance, movements from customs port/airport/air cargo complex/land customs station to ICD/CFS, customs bond/supervision movements, transit to Nepal/Bhutan, certain petroleum/alcoholic items, government consignments by rail, empty containers, and short weighbridge movements accompanied by a delivery challan; branded unit container goods are exempt only subject to affidavits and marking requirements. (AI Summary)
Date 11 Aug 2018
Replies 1 Reply