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Input service distributor rules require pro rata allocation of input tax credit by recipient turnover and monthly GSTR-6 reporting.
An Input service distributor (ISD) receives service tax invoices and redistributes input tax credit to branches with the same PAN, subject to prescribed documentary requirements, monthly distribution timing, and not exceeding available credit. Distribution follows Section 20 and Rule 39: credits directly attributable to one recipient go only to that recipient; where services benefit multiple recipients, credits are apportioned pro rata by each recipient's turnover for the relevant period using C1 = (t1 / T) x C. Separate treatment is required for eligible/ineligible credits and for IGST/CGST/SGST/UTGST, with prescribed ISD invoice and GSTR-6 reporting obligations. (AI Summary)
Author
Date 12 Mar 2018
Replies 4 Replies
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Taxability of reimbursements: pre May 14, 2015 reimbursements excluded from service valuation; post amendment they are included.
The Supreme Court held that valuation for service tax is limited to the gross amount charged by the provider "for such service" and that subordinate rules could not expand valuation to include reimbursed expenses; reimbursements paid on actual basis are excluded from taxable value prior to the legislative amendment that, effective May 14, 2015, expressly brought reimbursable expenditure into the statutory definition of consideration. (AI Summary)
Author
Date 12 Mar 2018
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Presumption of document authenticity under GST law ensures contents and signatures are presumed true unless rebutted.
The GST evidentiary regime creates a rebuttable presumption that documents produced by, seized from, or received in relation to a person are truthful as to their contents and signatures, and such documents are admissible even if unstamped if otherwise admissible. The law also deems microfilms, facsimile copies, computer printouts, and electronically stored information to be documents admissible without further proof, and permits a certificate describing the document and the device used to produce it to suffice for evidentiary purposes. (AI Summary)
Date 10 Mar 2018
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Cess credit carry forward: cross utilisation limits do not preclude recognised CENVAT credits being carried into GST.
The core legal point is that the High Court addressed only the cross utilisation of unutilised Cess credits, ruling that such credits could not be applied beyond the narrow concessions in the CENVAT Rules to discharge excise or service tax liabilities; it did not rule on the separate issue of CENVATABILITY. Because Cess was treated as CENVAT credit under the predecessor rules and there was no statutory lapse, the GST transition provision permitting carry forward of recognised CENVAT balances operates independently and supports carrying such Cess balances into GST. (AI Summary)
Date 10 Mar 2018
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Transfer of unclaimed dividends and shares to Investor Education and Protection Fund: procedural requirements and obligations.
The procedure requires companies to remit unpaid or unclaimed amounts to designated bank branches or by electronic transfer within a prescribed period, tendering payment with a triplicate challan and filing a deposit statement with the Authority. Designated banks forward receipts to the Authority, which records and reconciles them and may inspect company records. Companies must identify, notify and publish unclaimed amounts annually, submit required statements to the Authority, and follow transmission procedures to credit the Fund's DEMAT account when transferring shares, preserving records of corporate actions. (AI Summary)
Date 09 Mar 2018
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Dedication: sustain daily, strategic effort and smart work to reach attainable goals and build lasting progress.
The text advises that achieving goals requires daily, planned dedication combining perseverance with strategic, quality-focused effort rather than mere quantity of work. It stresses setting attainable goals aligned with personal capacities, taking incremental steps, and relying on the subconscious mind and sustained discipline to support long-term progress. (AI Summary)
Author
Date 09 Mar 2018
Replies 2 Replies
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Time of supply rules determine when GST liability arises, prioritising invoice date or payment receipt under forward and reverse charge.
Time of supply rules determine when GST liability arises, allocating tax responsibility to supplier or recipient depending on Forward Charge or Reverse Charge. For goods under forward charge the earlier of invoice date or payment receipt fixes liability; for services the earlier of invoice or payment fixes liability, with fallbacks to date of provision or accounting. Under reverse charge the recipient's liability arises at the earlier of receipt/payment or a statutory fallback day from invoice. Temporary administrative notifications affect advance payments and certain deferred reverse charge supplies. (AI Summary)
Author
Date 08 Mar 2018
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Refund of IGST for goods taken by foreign tourists enables tax-free export treatment when goods leave India.
Refund of IGST applies to goods physically taken out of India by a tourist, defined as a person not normally resident in India who enters for legitimate non-immigrant purposes and stays for not more than six months. Eligibility is confined to goods being removed from India at the time of departure; goods consumed or disposed of within India and services supplied to the tourist are excluded. Suppliers should take passport and visa copies as evidence to charge IGST, and a procedure for refunds was yet to be prescribed. (AI Summary)
Date 08 Mar 2018
Replies 1 Reply
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Notification as Gazette publication triggers statutory effect; curative notifications construed liberally to advance relief.
A notification must be published in the Official Gazette to take effect; publication is the operative act. Curative notifications designed to relieve hardship are construed liberally and may operate retrospectively. The term person in regulatory statutes can include natural and artificial entities-corporations, associations, firms, officeholders-subject to contextual interpretation, and exemptions phrased for bodies or establishments may extend to natural persons where the statutory language so admits. (AI Summary)
Date 07 Mar 2018
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Cost of acquisition: assessee's option to adopt fair market value cannot be imposed by tax authorities.
The note addresses the meaning of cost of acquisition as the actual sum incurred to acquire a capital asset and the limited statutory circumstances in which fair market value may substitute for that cost. It emphasizes that the option to adopt market value as on an applicable cut off date is vested in the assessee alone and cannot be imposed by the Assessing Officer. The author contends that a Punjab and Haryana Full Bench misapplied the statutory scheme by treating market value as a mandatory substitute where the Tribunal had found the cost to be nil, thereby conflicting with settled precedent. (AI Summary)
Date 07 Mar 2018
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Investor Education and Protection Fund secures unpaid corporate sums, prescribes crediting, transfers, and permissible utilization.
The Investor Education and Protection Fund collects specified unclaimed company receipts-including unpaid dividends, matured deposits and debentures, application money for allotment, fractional share proceeds and certain transferred sums-and income on investments. Companies must transfer such unclaimed amounts after the prescribed dormancy period and file prescribed statements to the administering Authority, which issues receipts. The Fund may be used for refunds of unclaimed amounts, investor education and awareness, distribution of disgorged sums to eligible victims, and incidental purposes; noncompliance attracts statutory penalties for companies and defaulting officers. (AI Summary)
Date 07 Mar 2018
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Estimated disallowance of expenses threatens taxpayer protection unless documentary evidence and internal controls are demonstrated.
Estimated disallowance of business expenses focuses on the evidentiary standard and the role of internal check, control and audit systems. Absence of recipient level details and supporting documents led to disallowance of business promotion payments, while on site verification informed partial acceptance of local area development outlays. Taxpayers, including professionally managed companies, must maintain and produce specific contemporaneous records and pursue appellate remedies to substantiate claimed business expenditures and avoid speculative assessments. (AI Summary)
Date 06 Mar 2018
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Investor Education and Protection Fund Authority established to administer the fund, manage claims, investments and investor education programs.
The Companies Act creates the Investor Education and Protection Fund Authority as a corporate body to administer the Investor Education and Protection Fund, vesting all assets, rights, liabilities and proceedings of the existing fund in the Authority. It prescribes a Chairperson, CEO and members with term limits, removal safeguards and administrative powers. The Authority is structured into functional divisions responsible for investment and fund management, claims and settlement, legal enforcement, investor education, and finance and audit, with duties to maintain records, conduct audits, meet regularly, and submit audited accounts and reports to the Central Government. (AI Summary)
Date 06 Mar 2018
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Notice to deceased taxpayer invalid where law requires notice to legal representative, making reassessment notice procedurally defective.
A reassessment notice addressed to a deceased assessee is procedurally defective where law requires proceedings to be taken against the legal representative; authorities aware of the death and heirship cannot sustain a notice issued in the deceased's name. Deeming provisions that validate service by reason of appearance or cooperation operate only for the actual assessee and do not apply where the heir alone appeared, and are unavailable if objection to service is raised before completion of reassessment. (AI Summary)
Date 05 Mar 2018
Replies 1 Reply
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Price display in Indian rupees mandatory at duty free shops; INR card payments accepted without foreign-currency conversion charges.
Duty free shops must display all goods prices in Indian rupees and accept INR-denominated debit and credit card payments without imposing foreign-currency conversion or attendant transaction charges; prevailing exchange rates apply only where purchases are made in foreign currency, and cash payments at shops remain subject to a specified ceiling while INR card payments in the departure hall are permitted without limit for outgoing passengers. (AI Summary)
Author
Date 05 Mar 2018
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Valuation of services excluding free-of-cost materials clarified; free supplies not included in taxable gross amount under valuation rules.
Materials and facilities supplied free of cost by the service recipient remain the recipient's property and, absent any amount received by the service provider, are not included in the gross amount charged for valuation of taxable services. Where statutory valuation methods do not expressly require inclusion of free recipient-supplied goods, their value cannot be added to the taxable base. Memorandum entries for temporary use do not convert recipient-owned goods into taxable supplies, though service content may include incidental consumables depending on the nature of the service. (AI Summary)
Date 05 Mar 2018
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IGST refund for exports: procedural errors and drawback treatment are causing withheld refunds and blocked appeal rights
Refund of integrated tax on exports requires the shipping bill to serve as the refund application and for exporters to have furnished valid GSTR-3/GSTR-3B returns; nonetheless, portal and Customs processing often withhold refunds where shipping bill or return errors (e.g., GSTIN mismatch SB003 or misallocated IGST entries) occur, and available guidance lacks practical steps when shipping bills cannot be amended post-declaration. Drawback claims are deducted from refund calculation and can render bills ineligible, while authorities frequently withhold refunds without issuing formal rejection orders, depriving exporters of appeal rights and creating procedural uncertainty. (AI Summary)
Author
Date 01 Mar 2018
Replies 7 Replies
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Leasing of liquor licenses is not renting of immovable property for GST purposes, altering tax treatment for license arrangements.
Leasing of physical factory premises is a taxable renting-of-immovable-property supply, while a statutory liquor licence is a personal permission not constituting immovable property. The licence can exist independently of a specific manufactory, be transferable by the licensee, and therefore leasing the licence alone should be treated as a distinct transaction with different indirect tax consequences; each of premises lease and licence lease must be assessed separately for tax characterisation and compliance. (AI Summary)
Date 01 Mar 2018
Replies 2 Replies
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Valuation of supplies: recipient supplied free materials excluded from service tax gross value, GST transaction value may differ.
Under Service Tax valuation (Section 67) the gross amount charged is the consideration received by the service provider and does not include goods or materials supplied free by the service recipient because no consideration flows to or accrues for the provider; by contrast, GST's Section 15 transaction value framework, which includes amounts the supplier is liable to pay but the recipient has borne, may require different treatment of recipient supplied materials for valuation. (AI Summary)
Date 28 Feb 2018
Replies 3 Replies
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Service of notice on an authorised representative: deemed service may satisfy jurisdictional requirement absent clear authorisation proof.
Whether service of a statutory notice by registered post on an alleged authorised representative meets jurisdictional requirements when the assessee was unavailable is contested. The report notes the High Court treated service on the assessee as necessary, earlier precedent was not expressly considered by the Supreme Court, and the Supreme Court inferred deemed service on the representative while the record lacks any detailed argument or proof regarding the representative's written authorisation for the specific assessment year. (AI Summary)
Date 28 Feb 2018