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Anti profiteering obligation requires passing GST benefits to consumers; proven absence of unjust enrichment leads to complaint dismissal.
Anti profiteering under GST requires businesses to pass on tax rate reductions and input tax credit benefits to consumers by commensurate price reductions under Section 171; Rule 127 charges the authority with determining whether benefits were passed, identifying non compliant registered persons and issuing orders. Recent authority orders dismissed complaints where suppliers produced accounting detail showing price reductions attributable to lower tax incidence or where ITC was insufficient and input cost increases justified higher prices, so no unjust enrichment was found. (AI Summary)
Date 23 May 2018
Replies 1 Reply
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Advance ruling authorities: constitution and membership under GST framework, with state-level contact listings and appointment rules.
Chapter XVII of the Central GST Act establishes the framework for advance rulings, treating State/UT Authorities constituted under State GST Acts as the Authorities for Advance Ruling in their jurisdictions; Rule 103 prescribes member rank and rules set qualifications and terms. State Acts provide for two-member Authorities-one central tax officer and one state tax officer-with provision to notify an Authority in another State to act for the State. The article compiles names, designations and contact details of each State/UT Authority as a practical registry for practitioners. (AI Summary)
Date 22 May 2018
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Weighted deduction for skill development: companies can claim enhanced tax deduction for notified projects after nodal agency approval.
Section 35CCD allows a company a 150% weighted deduction for qualifying expenditure (excluding land and building) on notified skill development projects in separate training facilities, subject to rules requiring eligibility (manufacturing or specified services), nodal agency scrutiny and Board notification, exclusion of reimbursed expenses, maintenance and audit of separate project accounts, and restriction to training of potential or newly recruited employees. (AI Summary)
Date 21 May 2018
Replies 1 Reply
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E-way bill compliance: courts allow release of seized goods upon security or bank guarantee, and accommodate technical GST filing glitches.
GST implementation has produced litigation and administrative remedies addressing technical failures in filing transitional forms, potential double taxation from parallel levies, and procedural protections for goods detained in transit. Authorities have signalled limited accommodation for taxpayers who approached nodal officers before deadlines to preserve input tax credits. Courts have granted interim restraint on collectible administrative charges where GST is paid and ordered maintenance of separate accounts. For detained consignments lacking e-way bills, courts have required release on non-cash security and expedited adjudication, and have set aside seizures where invoices and tax payment were in order. (AI Summary)
Date 21 May 2018
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Inverted duty structure refunds: rule formula appears to restrict refund computation to inputs, raising statutory consistency concerns.
Section 54(3) allows refund of unutilized input tax credit where inputs are taxed at higher rates than outputs; the Act's definitions encompass taxes on inputs, input services and capital goods, but Rule 89(5)'s refund formula and its Net ITC explanation appear to confine the calculation to taxes on inputs, creating an anomaly over whether input services and capital goods are excluded or remain refundable and whether the rule is consistent with the Act. (AI Summary)
Date 19 May 2018
Replies 2 Replies
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Input tax credit entitlement conditioned on invoice, receipt, payment to supplier and timely return filing under GST.
ITC under GST is available to a registered person only where input tax relates to goods or services used or intended for business, the recipient holds prescribed tax invoices or debit notes and has received the supplies, the tax on such supplies has been actually paid to the government (or utilizable as admissible ITC), and the recipient has filed the required returns; special rules apply to installments, reversal where payment to supplier is not made within the prescribed period, capital goods and depreciation, and a statutory time limit for claiming credit in the relevant annual return period. (AI Summary)
Author
Date 19 May 2018
Replies 1 Reply
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Post-sales discount GST treatment: supplier must ensure recipient reverses input tax credit before reducing output tax.
When a supplier issues a credit note for a post-sales discount, reduction in output tax is permissible only where the discount is agreed at or before supply and linked to invoices, and where the input tax credit attributable to that discount has been reversed by the recipient on the basis of documents issued by the supplier. A supplier faces evidentiary difficulty proving reversal by the recipient, and must consider measures-such as limiting the credit note to the discount amount, adding recipient disclaimers, and reconciling monthly returns-to address the requirement that the incidence of tax has not been passed to another person. (AI Summary)
Author
Date 19 May 2018
Replies 1 Reply
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Electronic bill of entry obligations require timely electronic filing, retention of records and attract penalties for late presentation.
The Regulations require an authorized person to enter an electronic integrated declaration with supporting documents, digitally sign and file a Bill of Entry on the customs EDI system by the end of the next working day after arrival; filing and self assessment occur when the system generates a bill of entry number. Orders permitting clearance may be recorded electronically, retention of the assessed bill and original documents for five years is mandatory, and contraventions attract prescribed penalties and late presentation charges subject to waiver or caps where applicable. (AI Summary)
Date 18 May 2018
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e-Way Bill requirement: movement of goods above prescribed value mandates electronic waybill generation and carriage, with exemptions and validity.
An e-Way Bill is a mandatory electronic document for movement of goods above a prescribed value, generated on the GST e-Way Bill portal by the registered person or transporter before movement. It records party identities, goods, value and conveyance details; a unique e-Way Bill Number is issued. Obligations fall on registered persons, transporters and, in certain cases, recipients of supplies from unregistered persons. Valuation rules determine applicability and defined exemptions, validity periods, cancellation, consolidation, inspection reporting and a grievance mechanism govern procedural operation. (AI Summary)
Date 15 May 2018
Replies 3 Replies
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Financial debt classification affects creditor status and Committee participation under insolvency law and claim categorisation.
Definition and scope of financial debt under the Code cover liabilities disbursed against consideration for the time value of money and include a non-exhaustive list of instruments and transactions demonstrating the commercial effect of borrowing. Interim resolution professionals must classify creditor claims; financial creditors join the Committee of Creditors and vote in proportion to claims. Authorities treat commitment charges and payments made on behalf of a corporate debtor as financial debt. The Insolvency Law Committee recommends clarifying that home-buyer advances constitute financial debt and home buyers qualify as financial creditors. (AI Summary)
Date 15 May 2018
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Crude oil import business: firms must secure consents, laboratory testing and meet refinery quality requirements.
The note emphasises that crude oil imports are undertaken by firms (not individuals) and prospective importers must secure necessary governmental consents and sectoral permissions. It requires pre import quality compliance, including independent SGS laboratory testing and confirmation that crude meets refinery specifications (carbon/hydrogen balance, sulphur, metals, oxygen and nitrogen limits), because refineries accept and price cargoes according to those parameters; substantial infrastructure and capital requirements affect feasibility. (AI Summary)
Author
Date 14 May 2018
Replies 6 Replies
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GST litigation prompts courts and administrators to address implementation anomalies and allow pragmatic provisional reliefs after tax remittance.
GST implementation has caused interpretational disputes and rising litigation; courts often dismiss challenges as premature or academic absent concrete adverse action, while granting pragmatic provisional reliefs such as release of perishable imports on remittance of differential Integrated Goods and Services Tax. Authorities are directed to examine alleged anomalies in input tax credit and transaction treatment and, where appropriate, place issues before the GST Council; departmental officers should inform courts and consider review or appeal when adverse verdicts arise. (AI Summary)
Date 14 May 2018
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Employer provided meals under GST: characterization as supply depends on employment nexus and contractual or statutory basis.
Whether subsidised canteen meals constitute a taxable supply under GST turns on characterisation: one view treats recoveries from employees as an outward supply when the employer is the supplier and consideration is received, while the counterview invokes Schedule Three's exclusion for services by an employee to an employer and statutory or contractual employment obligations, arguing such benefits form part of remuneration and fall outside GST; resolving the issue requires examining the contractual basis, statutory mandates, incidental to business tests and valuation between related parties. (AI Summary)
Author
Date 12 May 2018
Replies 2 Replies
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Suo-motu cancellation of registration requires a show cause notice and opportunity for hearing before deregistration may proceed.
Suo-motu cancellation may be initiated where specified grounds exist; a valid reason is required. The proper officer must issue a show cause notice, allow reply and personal hearing, and may proceed ex parte if no response is received. If satisfied, the officer may drop proceedings; if not, the officer may cancel registration, trigger portal notifications, change GSTIN status to inactive, restrict post-cancellation filings and practitioner functions, and preserve taxpayer liabilities arising prior to cancellation. (AI Summary)
Date 12 May 2018
Replies 1 Reply
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Simplified GST returns: seller-uploaded invoices and automated ITC calculation with phased transition and online recovery process.
The Council recommended a simplified return design with monthly filing for most taxpayers and quarterly filing for composition and nil filers; seller-uploaded invoices will enable buyer visibility and automated ITC calculation without purchase invoice uploads. Automatic reversal of ITC for seller non-payment was disallowed; recoveries or reversals must follow an online notice-and-order process. A three-stage transition (current system, invoice-wise self-declaration, then ITC limited to seller-uploaded invoices) was proposed, with GSTR-1 and GSTR-3B retained for six months and legal and IT changes to be finalized by the law committee. (AI Summary)
Date 12 May 2018
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CPCB registration for new lead acid battery importers required; BRMS governs applications, verification, labelling and certification compliance.
Registration under Rule 5 of the Batteries (Management and Handling) Rules is required for importers of new lead acid batteries, with the prescribed authority empowered to grant, renew, refuse or cancel registrations. An online registration and management system handles fresh and renewal applications, half-yearly returns, undertakings and status verification by enforcement agencies. Importers must comply with labelling requirements and secure applicable product certifications and hazardous-substance and e-waste conformity before customs clearance. (AI Summary)
Author
Date 12 May 2018
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Depreciable intangible business rights: functional commercial rights that operate as tools of trade qualify for depreciation.
Section 32(1)(ii) allows depreciation for specified intangible assets and "any other business or commercial rights of similar nature." Courts have held that the residual phrase encompasses intangible rights that, while not literally patents, licences or trademarks, function as tools of trade facilitating business operations. Authorities have treated goodwill, exchange membership rights and concessionary rights to operate infrastructure and collect tolls as business or commercial rights within Explanation 3(b), making them eligible for depreciation under the Act. (AI Summary)
Date 10 May 2018
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Reverse charge on legal services requires the recipient to pay GST and report the liability when time of supply arises.
Reverse charge applies to legal services where the recipient is a litigant/applicant/petitioner; business entities above the small turnover threshold must pay GST as recipients. Time of supply for unpaid invoices is the sixty first day from invoice date; tax becomes payable when that time of supply arises and must be shown under reverse charge in the GST return, with interest on unpaid tax computed from the statutory return due date until payment. Services from a senior advocate to an advocate/firm are outside the reverse charge recipient definition and thus not chargeable to reverse charge when received by the advocate. (AI Summary)
Author
Date 10 May 2018
Replies 8 Replies
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Retrospective application of curative tax amendments preserves equitable treatment; amendment to disallowance rule should apply from insertion date.
The note addresses retrospective effect of a curative amendment to the TDS disallowance provision, explaining that remedial provisions intended to remove unintended hardship should be applied retrospectively. It observes that the provision primarily defers deduction between assessment years, that precedent supports retrospective construction of curative amendments, and that retrospective application to the original enactment date would avoid unjust demands, administrative burden, and litigation in the absence of corrective administrative guidance. (AI Summary)
Date 09 May 2018
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E-way bill compliance: portal failures or minor entry omissions do not automatically justify seizure; adjudication required.
Courts have held that seizures premised solely on absence or defect in the e-way bill are not justified where electronic records are later produced or where portal accessibility problems prevented generation; omissions in Part-B such as vehicle number do not alone indicate tax evasion; interception prior to the effective compliance date cannot support mandatory e-way requirements; authorities must follow the statutory adjudication process for seizure and may accept bank guarantees or bonds as security pending completion of proceedings. (AI Summary)
Date 08 May 2018