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Senior Citizens Savings Scheme eligibility and deposit rules govern account opening, tenure, interest and withdrawal conditions.
Senior Citizens Savings Scheme Rules, 2004 set eligibility (age-based and retired defence personnel), require account opening within one month of receipt of retirement benefits with employer certification, permit deposits up to retirement benefits or a prescribed ceiling, allow individual or joint accounts, prescribe a five-year tenure with one three-year extension, specify interest accrual and quarterly payment, and regulate withdrawals, premature-closure deductions, nomination, succession and closure procedures. (AI Summary)
Date 24 Apr 2018
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No double taxation: income taxed under Sikkim law should not be taxed again under the central Income tax Act.
Where income has been taxed at source under the Sikkim Income tax Regulations applicable at the relevant time, that income is not subject to further taxation under the central Income tax Act unless the central statute expressly provides for double taxation; Article 371F clause (k) and the absence of a specific inclusion provision lead to treating Sikkim taxed income as falling solely within the Sikkim taxing regime. The principle extends to incomes taxed under special simplified schemes, which should not be re taxed under general provisions without clear legislative authorization. (AI Summary)
Date 24 Apr 2018
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Refund on inverted duty structure: specified formula limits input tax credit refunds after adjusted turnover and tax payable are accounted.
The amended rules prescribe a formula for refunds under an inverted duty structure that limits maximum refund to the share of Net ITC attributable to inverted-rate supplies after deducting tax payable on those supplies, with Net ITC and Adjusted Total Turnover defined to exclude amounts and turnover subject to specified prior refund claims and exempt supplies (other than zero-rated). (AI Summary)
Date 23 Apr 2018
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Advertisement requirement for shifting registered office: publish Form INC.26 in newspapers of widest circulation, verify via RNI.
Rule 30(5) requires companies shifting Registered Office between states to publish Form INC.26 in the principal vernacular newspaper and in an English newspaper having the widest circulation in the state; RD-N increasingly demands proof (often via RNI) that the chosen newspapers meet the widest-circulation criterion and may expect further Registrar guidance or a circular to identify acceptable newspapers. (AI Summary)
Author
Date 23 Apr 2018
Replies 3 Replies
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Auditor independence undermined in bank branch audits, prompting calls for independent oversight and earlier, unfettered audit access.
Erosion of auditor independence in nationalised bank branch audits-driven by management appointments, compressed timelines, pressure to avoid qualifications, restricted access to data and inadequate CBS orientation-prevents substantive verification of advances and hampers truthful reporting of asset classification, increasing risk of misappropriation and undetected non-performance. (AI Summary)
Date 21 Apr 2018
Replies 3 Replies
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Regulated sale of liquor not a service: canalizing beverage corporations' activities characterised as trading, not taxable auxiliary services.
State-established beverage corporations that procure, warehouse and resell alcoholic liquor under statutory canalization arrangements perform trading activities rather than taxable services. The corporations operate under exclusive wholesale privileges and liquor sourcing policies, with suppliers retaining certain risks and payment made after retail sale; incidental receipts such as inactive stock penalties and handling charges arise from this commercial trading framework. Courts have held that such factual arrangements amount to purchase-and-sale of goods and not business auxiliary services liable to service tax. (AI Summary)
Date 21 Apr 2018
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Outward supply: employer recovery of employee canteen charges deemed taxable under GST, prompting legal challenges.
The AAR Kerala held that employer recovery of employee canteen charges is an outward supply taxable under GST, reasoning from the definition of business, composite supply treatment, and that cost recovery constitutes consideration. The article contrasts this with earlier case law applying the dominant object test and holdings that canteen sales were not exigible to VAT, argues Schedule III exclusions and the ejusdem generis construction of composite supply counsel against the AAR's approach, and notes likely litigation and the need for legislative clarification. (AI Summary)
Date 20 Apr 2018
Replies 1 Reply
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Import conditions for fresh mangoes require specified phytosanitary treatment and certification before Australian entry.
Import conditions for fresh Indian mangoes require use of the Australian Department of Agriculture's BICON system to select 'Fresh mango for human consumption', choose India as origin, and complete import scenario questions; import alerts may alter conditions. Exporters must ensure required phytosanitary treatments-principally irradiation and hot water treatment-are performed at APEDA-authorised packhouses and provide supporting certifications (e.g., SGS, EIA) as required by the importer to meet Australian norms. (AI Summary)
Author
Date 20 Apr 2018
Replies 1 Reply
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Canteen services treated as outward supply - recovery from employees triggers GST and invoicing obligation by employer.
Recovery of food expenses from employees for a company canteen is an outward supply taxable as a service under GST when the employer charges employees. The transaction constitutes consideration and the employer is a supplier; valuation for related persons must follow the valuation rules rather than simple cost. The employer must invoice employees and discharge GST. Input tax credit treatment is disputed: certain input credit restrictions are noted though counter-arguments suggest credit may be available where outward supplies are of the same category. (AI Summary)
Date 19 Apr 2018
Replies 1 Reply
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Job work under GST: principals may send inputs tax-free subject to documentation, return timelines and deemed-supply consequences.
Job work under GST permits a registered principal to send inputs or capital goods to a job worker without payment of tax, subject to intimation, delivery challan and FORM GST ITC-04 filing, and return or supply from the job worker's premises within prescribed time limits; failure to comply results in the movement being deemed a supply by the principal with tax and interest consequences. Job work services are taxable as supply of services, scrap may be sold by a registered job worker, and input tax credit remains available to the principal even when goods are sent directly to the job worker. (AI Summary)
Date 19 Apr 2018
Replies 2 Replies
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Duty of Advocates: refrain from re-arguing settled precedents and avoid needless judicial time waste and vexatious appeals.
CFS units qualify as infrastructure facilities eligible for deduction under Section 80IA; where binding Tribunal and High Court precedent exists with no stay, revenue counsel must not re-argue settled issues or advance incorrect distinctions such as reliance on a considered circular, since doing so wastes judicial time and undermines uniform application of law. (AI Summary)
Date 18 Apr 2018
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Input Tax Credit rules: new exporters may need to furnish a bond with bank guarantee to claim credit on zero rated supplies.
Courts and authorities are addressing GST transitional and procedural disputes: tender values initiated pre-GST may exclude GST where Input Tax Credit is available; state restrictions on transitional credit face vires challenges; registration rejections based on documentary discrepancies should be reconsidered on fresh compliant applications; detained goods must be promptly adjudicated and released if statutory conditions are met; advance ruling applications must be decided without undue delay; and new exporters seeking input credit on zero-rated supplies may be required to furnish a bond with a bank guarantee. (AI Summary)
Date 18 Apr 2018
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Service of notices under GST: multiple modes permitted and postal or electronic dispatch may be deemed valid service.
Service under the GST framework permits personal delivery to the taxpayer or authorised representative, registered or speed post with acknowledgement, electronic transmission to the registered email, making communications available on the common portal, publication in a local newspaper, or affixing the communication at the taxpayer's last known address when other modes are impracticable. Communications are deemed to be served when tendered, published or affixed in the prescribed manner; postal dispatch by registered or speed post is presumed received after the normal transit period unless contrary proof is shown. (AI Summary)
Date 17 Apr 2018
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Disciplinary liability of insolvency professionals: enhanced penalties and investigatory powers ensure accountability for misconduct.
The Board may direct inspections or investigations of an insolvency professional, require production of documents, and on completion issue a written show cause notice detailing alleged contraventions and proposed actions. The disciplinary committee may impose penalties, suspend or cancel registration, warn, or order restitution; monetary penalty may equal three times the loss or unlawful gain (whichever is higher) with a statutory cap where loss/gain is unquantifiable, and the Board may direct disgorgement and restitution to identifiable victims. (AI Summary)
Date 17 Apr 2018
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Registration of insolvency professionals: fitness, disclosure and conduct obligations determine eligibility and supervisory refusal risk.
The Regulations prescribe an application and certification process for insolvency professionals, enabling the Board to seek further information, inspect or require personal appearance, and grant registration with conditions including adherence to the Code, continuing eligibility, professional education, record retention, restrictions on outsourcing and foreign national practice, membership transfer protocols, grievance redressal and periodic fees. The Board may refuse registration on prima facie fitness and propriety grounds, must communicate reasons and allow explanation, and may finally accept or reject by reasoned order; pendency of serious criminal proceedings has been treated as material to fitness. (AI Summary)
Date 16 Apr 2018
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Monthly Income Accounts: regulated deposit limits, monthly interest payment, prescribed premature withdrawal deductions, and taxable interest.
The Rules govern Post Office Monthly Income Accounts: eligible individual depositors (including guardians for minors) may open single or joint accounts; deposits must comply with prescribed multiples and aggregate ceilings with depositor shares in joint accounts apportioned equally. Interest accrues monthly from completion of a month, subject to rounding rules, and historical rate brackets apply to deposits made in specified periods. Nomination, transfers, conversion between single and joint status, and required withdrawal of excess balances are provided. Closure on maturity, premature withdrawal with specified deductions, post maturity simple interest for a limited period, and tax treatment (no TDS; not eligible under Section 80C; interest taxable) are set out. (AI Summary)
Date 14 Apr 2018
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Maintenance of books and records under GST requires detailed ledgers, electronic logs and multi-year retention for compliance.
Maintenance and retention of books and supporting records are mandatory under GST and must be kept at the principal place(s) of business. Registered persons must record production, inward and outward supplies, stock, input tax credit, output tax and prescribed particulars; electronic records are permitted with edit/delete logs. Separate ledgers for CGST, SGST/UTGST, IGST and Compensation Cess (including electronic liability, credit and cash accounts) and accounts for outward/inward supplies, production, services and works contracts must be maintained. Records must be retained for 72 months from the due date of annual return, with extended retention for appeals or investigations. (AI Summary)
Date 13 Apr 2018
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Benami transactions: expanded definition and enforcement, including confiscation and adjudication, to curb concealed beneficial ownership.
Benami transactions separate legal title from beneficial ownership where consideration is paid by another; historically recognised as tripartite or sham transfers. The Amending Act of 2016 expands the definition to include transfers with third-party consideration, fictitious names, unaware ostensible owners, and untraceable payors, and establishes adjudicating authorities, penal provisions, confiscation of Benami property, and a prohibition on re-transfer, with retrospective effect to earlier enactments. (AI Summary)
Author
Date 13 Apr 2018
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Board participation by video conferencing: directors may opt for remote attendance and companies must provide compliant facilities.
Section 173(2) permits directors to participate in Board meetings by video conferencing or other audio-visual means, and Rule 3 prescribes a mandatory compliance scheme: companies must provide secure identification and transmission facilities, preserve recordings as part of company records until audit completion, ensure no third-party access at a director's remote location, require prior intimation or annual declaration for participation, and conduct a roll call recording each remote participant's name, location and confirmations; certain matters are excluded from remote transaction. (AI Summary)
Date 12 Apr 2018
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Auditor freedom is essential to meaningful audits; constraints on scope or timing undermine audit quality and independence.
The author emphasises that effective auditing requires broad commercial and technical knowledge, rigorous physical and documentary verifications, and auditor freedom to plan and expand the scope of work; constraints on timing, staffing, client cooperation, or fee-driven casual approaches compromise audit quality and may justify resignation from an appointment. (AI Summary)
Date 11 Apr 2018
Replies 1 Reply