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Transitional Input Tax Credit: courts affirm time limits while directing administrative fixes for portal and filing failures.
Courts have addressed transitional input tax credit under GST, upholding the statutory one year limit as having nexus with legislative objective while directing administrative remediation (such as reopening portals and provisional acceptance) where electronic failures prevented timely filing. Judicial review also covered detention and seizure procedures-treating mis stated orders as operative under the appropriate central GST/IGST framework when lawful and ordering release where confiscation was inapplicable-and granted relief to taxpayers affected by registration or system errors. These decisions stress procedural regularity and administrative flexibility in the face of technical disruptions. (AI Summary)
Date 11 Apr 2018
Replies 2 Replies
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Cross-border merger rules regulate inbound and outbound mergers with conditions on foreign investment, asset disposal and reporting.
Cross-border mergers are classified as inbound or outbound, define foreign and resultant companies, and impose compliance with FEMA prohibitions, foreign investment entry routes, pricing, sectoral caps and reporting. Inbound and outbound mergers treat transferred offices as branch offices for applicable foreign-currency and branch-office regulations; guarantees, borrowings and non-permissible assets must conform to foreign borrowing norms or be disposed of within a two-year transition, with valuation and reporting obligations and deemed RBI approval subject to compliance certification. (AI Summary)
Date 10 Apr 2018
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Input tax credit rules: payment-linked reversal, transitional filing relief, LUT acceptance and e-way bill compliance required.
Year-end GST compliance requires annual reconciliation of books with GST returns and adjustment of March GSTR-3B/GSTR-1 for discrepancies; adoption of unique, consecutively numbered invoice series under Rule 46(b); input tax credit contingent on timely supplier payment with reversal and later reclamation mechanics; limited facility to complete TRAN-1 filings stalled by IT glitches without amendment of recorded credit; annual renewal/submission of LUT via FORM GST RFD-11 deemed accepted on ARN; mandatory e-way bill generation for movements above the prescribed consignment threshold; and adoption of Ind AS 115 for revenue recognition. (AI Summary)
Date 10 Apr 2018
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Service over profit: Prioritise serving customers to build a sustainable export-import business through quality and integrity.
Export-import business requires a long-term, service-first mindset where money is a by-product of providing quality, cultivating customer loyalty, and contributing foreign exchange to the nation. The author distils Uddhava Gita lessons into business-relevant maxims: learn from experience and exemplars, dedicate effort to others, avoid excessive attachment, practise moderation, control the senses (starting with taste), renounce pride, prize bringing joy to others, relinquish ego as supreme charity, and accept responsibility for one's problems. (AI Summary)
Author
Date 10 Apr 2018
Replies 4 Replies
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E-ITR forms not available on e-filing portal for AY 2018-19, delaying electronic filing and submissions.
Non availability of E ITR forms on the e filing portal for AY 2018 19 prevented selection of assessment year, form number and submission mode, thereby blocking electronic filing; the author reported this to CBDT and CPC Bangalore, which confirmed the forms were not yet enabled. The author also observed the new E ITR lacked an optional sheet for explanations and additional claims for the assessing officer. A later portal update indicated ITR 1 was posted on 14.04.2018 and other forms would follow, evidencing a delay in making e filing forms available. (AI Summary)
Date 09 Apr 2018
Replies 2 Replies
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Language change: WhatsApp-era slang like 'What's up' reshapes greetings and raises debate over linguistic standards.
Use of 'What's up' as a greeting has supplanted earlier openings, creating rhetorical exchanges with no fixed response; its spread via chatrooms, gaming and social media marks in-group membership and informal register. Debate contrasts fears that slang erodes proper language with linguists' view of natural language change, concluding that impact depends on user context and urging care to preserve core meanings while recognising evolving usage. (AI Summary)
Author
Date 09 Apr 2018
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E-way bill modernization to streamline GST compliance and enable electronic tracking of goods while strengthening data protections.
The e-way bill reimplementation and GST network revamp create a unified, tested electronic mechanism to track movement of goods and services and facilitate taxpayer compliance. The government coordinated software providers, accountants and GST Suvidha providers to simplify return filing, stabilize throughput, and enable automated monitoring via uploaded e-way bills, while implementing encrypted data retrieval and restricted administrative access to protect taxpayer records. (AI Summary)
Author
Date 09 Apr 2018
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Foreign ownership of immovable property: NRIs and OCIs may buy and transfer non agricultural property subject to RBI and banking rules.
NRIs and OCIs may acquire and transfer immovable property in India except agricultural land, farm houses and plantations, provided consideration is paid only through permitted banking channels or eligible nonresident accounts; acquisition by gift or inheritance is allowed from specified persons and transfers to residents, NRIs or OCIs are permitted. Persons resident outside India with an established business in India (excluding liaison offices) may acquire necessary property, must file prescribed declarations, and may mortgage such property to authorized dealers. Restrictions bar certain foreign nationals from acquisition without Reserve Bank permission and limit repatriation of sale proceeds to transactions compliant with foreign exchange law and use of permitted accounts. (AI Summary)
Date 06 Apr 2018
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Company incorporation through SPICe simplifies electronic filing while mandating eMoA/eAoA, DSC, PAN/TAN and linked forms.
SPICe (Form INC 32) is the primary electronic route for company incorporation, using linked eMoA (INC 33) and eAoA (INC 34) where applicable; RUN name reservation SRN auto fills SPICe fields; eMoA/eAoA mandatory for specified subscriber categories while pdf attachments (apostilled where required) must be used for others; DSC is required for e form subscribers and witnesses; consolidated payment triggers PAN and TAN applications; system constraints affect linked filing of some auxiliary forms and technical support/resubmission and refund procedures apply. (AI Summary)
Date 05 Apr 2018
Replies 1 Reply
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Taxable value in telecommunication: retained PCO margins not included where principal to principal supply and amendments are prospective.
Whether gross amounts collected by PCO operators are includible in the taxable value of telecommunication services hinges on the contractual model: under a principal-to-principal arrangement where the service provider charges a defined unit price and the operator retains resale margin, commissions or discounts retained by the operator are not automatically part of the telegraph authority's taxable value. Statutory amendments and explanatory rules introduced later have prospective effect and do not alter valuation for earlier periods. (AI Summary)
Date 04 Apr 2018
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E-way bill mandatory for inter-state movement; portal adds bill-to/ship-to, dispatch-from, vehicle-type and validity extension features.
E-way bill obligations require generation for inter-state movement of goods, with intra-state applicability limited generally except in Karnataka. Portal updates add "Bill to"/"Ship to" and "Bill from"/"Dispatch from" fields, a Vehicle Type option for regular or over-dimensional cargo, and an "Extend Validity" dashboard feature to prolong e-way bill validity under exceptions; an accompanying FAQ clarifies validity day calculation. (AI Summary)
Author
Date 04 Apr 2018
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E-way bill compliance: electronic generation and portal-based tracking required for regulated goods movements under GST rules.
E-way bill rules require registered consignors, consignees or authorized transporters and e commerce operators to furnish Part A of FORM GST EWB-01 before movement of goods above the prescribed value and to complete Part B with conveyance details within a statutory period, generating a unique E-way bill number. The framework prescribes required fields, validity linked to distance, consolidated bills, assignment to other transporters, cancellation windows, documentation to be carried, inspection and verification procedures, and enumerated exemptions and special mandatory cases such as principal to job worker movements. (AI Summary)
Author
Date 03 Apr 2018
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Import compliance requirements for OCC waste paper: IEC and Pollution Control Board certificate with moisture and outthrow standards.
Importation of Old Corrugated Cardboard (OCC) waste paper requires IEC registration and a Pollution Control Board certificate; pre-shipment inspection from the load port may be required. Industry quality controls emphasize moisture level and outthrow, with Grade 11 (clean OCC) preferred. Sourcing from FTA partner countries can yield customs concessions. Importers must manage payment terms, port logistics and supplier negotiation based on grade, moisture and outthrow characteristics. (AI Summary)
Author
Date 03 Apr 2018
Replies 4 Replies
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Recordkeeping obligations require maintaining complete GST documents and electronic backups for production on demand to support returns.
Obligation under Section 35 read with Rules 56-58 requires registered persons to maintain detailed production, stock, inward/outward supply and tax accounts supported by invoices, delivery challans and credit/debit notes; keep records at the registered place(s) with manual volumes serially numbered; preserve books and documents for the statutory retention period and for the duration of related appeals or investigations; maintain authenticated electronic records with edit logs and an electronic back-up capable of restoration; and produce authenticated hard or electronic copies and access to files on departmental demand. (AI Summary)
Author
Date 02 Apr 2018
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Merchanting trade rules: intermediary must ensure goods bypass domestic tariff area and receive export proceeds before import remittance.
Merchanting trade is an international intermediary transaction where an Indian resident buys goods from a supplier in one foreign country and arranges sale and direct shipment to a buyer in another foreign country without the goods entering the domestic tariff area or undergoing transformation. Both import and export legs must comply with applicable rules; both legs must be routed through the same authorised dealer bank which must satisfy itself on bonafides and observe KYC and AML. Export proceeds must be received before remittance for the import and the transaction must be completed within the prescribed overall period. (AI Summary)
Author
Date 02 Apr 2018
Replies 1 Reply
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Job work under GST: principal obligations, return timelines, and deemed supply consequences when timelines lapse.
Job work involves processing another's goods; the registered principal may send inputs or capital goods to a job worker without tax provided inputs are returned within one year and capital goods within three years, failing which the dispatch is deemed a supply and tax with interest is payable. The principal must maintain records, declare the job worker's place as an additional business location or ensure registration, file quarterly Form ITC 04 with challan details, comply with e way bill and invoicing rules, and may claim input tax credit whether goods are sent to the job worker directly or via the principal. (AI Summary)
Date 30 Mar 2018
Replies 2 Replies
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Rectification of mistakes apparent from record requires natural justice before increasing taxpayer liability or reducing refund.
Section 161 permits rectification of mistakes apparent from record in decisions, orders, notices or certificates by the issuing authority, suo motu, on official notice, or on representation by the affected person. The concept covers obvious errors apparent on file - such as misreading or misapplying provisions or overlooking mandatory requirements - and aims to correct recorded slips without changing substantive conclusions. Corrections that increase liability or reduce refunds require observance of natural justice and prior opportunity to be heard; pure clerical or arithmetical slips are treated as exceptions to certain temporal limits. (AI Summary)
Date 30 Mar 2018
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Peremptory appeal limitation under section 421(3) prevents condonation beyond the prescribed initial and extended periods.
Section 421(3) creates a two-tier limitation for appeals to the Appellate Tribunal: an initial filing period and a further outer period available only if the Tribunal is satisfied of sufficient cause. This special statutory regime, expressed in peremptory language, constitutes an ultimate temporal boundary and thereby precludes invoking the general extension power in the Limitation Act to condone delay beyond that prescribed outer period. (AI Summary)
Date 29 Mar 2018
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Input Tax Credit apportionment raises compliance and attribution questions for financial institutions offering mixed taxable and exempt services.
The law treats interest on lending as exempt while other bank charges are taxable; where supplies are both taxable and exempt, input tax credit must be reversed by apportioning credits between exempt and taxable turnover. To reduce compliance burden, financial institutions may elect a simplified mechanism that allows claiming a fixed portion of eligible input tax credit for inputs, capital goods and services for the fiscal year, with the balance lapsing. The document queries whether inputs directly attributable to other taxable businesses carried on by the institution remain fully claimable or fall within the elective apportionment. (AI Summary)
Author
Date 29 Mar 2018
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Capital expenditure characterization of membership fees treated as enduring asset, leading to non-deductibility as revenue expense.
A non recurring, lump sum membership deposit that confers a proprietary right to trade is not stock in trade or consumable and constitutes an asset of enduring benefit; accordingly, such a payment should be treated as capital expenditure. Administrative circulars treating some deposits as revenue do not impose a universal rule where a discrete business right is acquired. The enduring benefit and once and for all payment tests are the appropriate analytical tools, subject to limited exceptions. (AI Summary)
Date 28 Mar 2018