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Return filing obligations under GST require monthly GSTR 3B, periodic GSTR 1 filings and system reconciliation procedures.
Registered persons must file specified GST returns within prescribed timelines: monthly GSTR 3B for all, GSTR 1 periodicity based on aggregate turnover with an irrevocable annual election for monthly filing if chosen, GSTR 4 quarterly for composition taxpayers, and GSTR 2/GSTR 3 timelines to be fixed by committee. Circular No.26/26/2017 GST extended due dates, revised and waived late fees for initial months, and set procedures for reconciliation and rectification of GSTR 3B errors, permitting edits only before offsetting liabilities and prescribing staged corrective actions for common under/over/reporting and input tax credit mistakes. (AI Summary)
Date 07 Jan 2018
Replies 5 Replies
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Special audit under GST: commissioner nominated auditors examine records; findings may prompt tax determination proceedings.
Special audit permits a deputy or assistant commissioner, with prior commissioner approval, to direct a commissioner nominated chartered or cost accountant to audit a taxpayer's records where value declaration or input tax credit claims appear incorrect or abnormal; the auditor must report within ninety days (subject to discretionary extension) and findings must be communicated to the registered person in the prescribed form. (AI Summary)
Date 07 Jan 2018
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E-way bill requirement: mandatory pre-movement electronic reporting for high-value goods, applicable to suppliers, transporters, and recipients.
Electronic Way Bill (E-way bill) is a pre-movement electronic compliance requiring the person causing movement of goods to furnish prescribed information on the GST common portal and generate FORM GST EWB-01 before transport where the consignment value exceeds the threshold; generation may be by registered persons, transporters or voluntarily by unregistered persons, with allocation of a unique e-way bill number available to supplier, recipient and transporter. (AI Summary)
Date 05 Jan 2018
Replies 5 Replies
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Rectification of GSTR-3B errors: report net revised figures in current or subsequent returns, claim refund if adjustment infeasible.
Circulars require that errors in FORM GSTR-3B be corrected by reporting revised figures on a net basis in the current month's FORM GSTR-3B without making negative entries; remaining adjustments must be carried into subsequent months or claimed as a refund, with corresponding amendments in FORM GSTR-1 where multiple months are affected, and an editing provision is available for information submitted prior to offsetting and final filing. (AI Summary)
Author
Date 05 Jan 2018
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Financial planning balances cash inflows and life goals, prioritising emergency reserves, adequate insurance and disciplined investing.
Align current income and obligations with life goals by assessing net worth, building an emergency fund of several months' expenses, reallocating low yield savings into liquid funds while keeping a bank buffer, and ensuring adequate health and term life insurance for dependents and outstanding liabilities. Keep EMIs within an affordable share of income and pursue goal based investing-including disciplined mutual fund SIPs and diversified portfolios-reducing discretionary budgets where necessary to meet targets such as marriage, vacation, and retirement. (AI Summary)
Date 04 Jan 2018
Replies 1 Reply
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ISBN Assignment: publishers must obtain an agency assigned prefix; resale or transfer of assigned ISBNs is prohibited and discouraged.
The document explains ISBN structure and function as a unique thirteen digit identifier, the exclusive role of national ISBN Agencies in assigning publisher prefixes and blocks, and the nontransferability of assigned ISBNs. It warns against unauthorized resale of single ISBNs, notes that industry databases will identify the original publisher of record for assigned prefixes, and sets out administrative matters including eligibility, processing timeframes, service fees, reporting to the ISBN database of record, barcode conversion, and the distinction between ISBN and ISSN for serials. (AI Summary)
Date 04 Jan 2018
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Extension of AGM timeline: adjudicating authority under insolvency law can order extra time where resolution process impedes statutory AGM.
The article addresses whether the adjudicating authority overseeing a corporate insolvency resolution may extend the statutory period for holding an annual general meeting when the company is in resolution. It recounts a case where a resolution professional, confronting practical obstacles, sought extension after the Registrar of Companies refused; the adjudicating authority treated the request as arising from the insolvency process and, invoking the insolvency code's comprehensive scheme and its power to make orders necessary for resolution during the moratorium, directed an extension of time for the AGM. (AI Summary)
Date 03 Jan 2018
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Input Tax Credit admissibility: GST on vehicle insurance and repairs allowed where vehicles are used for business, per administrative guidance.
Section 17(5) bars ITC on motor vehicles except in specified cases, but administrative FAQs narrow the restriction to apply mainly to vehicle acquisitions and permit ITC on insurance and repairs for vehicles used in business; commentators treat the FAQ as persuasive though non-binding and urge awaiting formal circular or judicial guidance. (AI Summary)
Author
Date 03 Jan 2018
Replies 2 Replies
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Supply to SEZ units: IGST treatment requires payment or bond/LUT; import exemptions apply only to physical imports.
Supply to SEZ units or developers is treated as inter-state and exemptions for IGST apply to goods physically imported and to services imported for authorised operations; domestic procurements are not covered. Domestic suppliers must either charge IGST (so SEZ units can claim input tax credit and seek refunds) or supply under bond/LUT to obtain zero-rating. If the SEZ recipient does not claim credit, the supplier may claim a refund. The legal framework thus keeps import exemptions separate and preserves the bond/LUT mechanism for indigenous supplies. (AI Summary)
Author
Date 02 Jan 2018
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Payment of tax with interest bars issuance of a show cause notice if the taxpayer timely intimates the proper officer.
Where a person pays tax with interest on self-ascertainment and informs the proper officer, the officer must consider that payment and may not issue a notice or statement in respect of the tax so paid; adjudication orders should record and examine payments, call for bank statements where necessary, and avoid proceeding in a cryptic or arbitrary manner that ignores documentary proof of payment. (AI Summary)
Date 01 Jan 2018
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Prospective application of tax amendments preserves legal certainty and prevents retrospective liability and unnecessary revenue litigation.
Amendments to tax law should operate prospectively as per the stated effective date in legislative proposals; retrospective effect must be expressly provided and, as a matter of policy, should be avoided or limited so as not to create taxpayer uncertainty, unequal application, administrative difficulty, or modest fiscal gains that undermine governmental credibility. Clear administrative guidance is recommended to prevent tax authorities from treating prospective or explanatory amendments as retrospective and from pursuing unnecessary litigation. (AI Summary)
Date 30 Dec 2017
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Duty-free importation permitted for pre-existing advance authorization imports, subject to Customs verification and IGST undertaking.
Permits duty-free imports to fulfil export orders under valid Advance Authorization licences issued before 1st July, 2017, conditioned on Customs verification of conformity with licence quantity and value and on availability of input tax credit. Clearance requires an affidavit undertaking to pay IGST with interest if the petitioner fails in the writ petition or fails to meet export obligations, and submission to Customs of lists of valid AAs and pre-1st July export orders. Direction applies only to imports for export orders placed prior to 1st July, 2017. (AI Summary)
Date 30 Dec 2017
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E-way bill compliance required before movement; manual advance rulings and refunds allowed pending portal availability.
Every registered person involved in movement of taxable goods must comply with the e-way bill regime when statutory conditions are met; required information is to be furnished electronically on the common portal, a unique E-way Bill Number issued, and the bill must be generated before movement with limited validity and specified cancellation, extension and regeneration rules. Manual filing procedures are authorised for advance rulings and certain refund claims while portal modules remain unavailable, and anti-profiteering and artist-supply treatments are specifically addressed. (AI Summary)
Date 29 Dec 2017
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GST audit procedures require advance notice and permit departmental or special audits with prescribed timelines.
Audit under GST is a detailed examination of records, returns and other documents to verify correctness of declared turnover, taxes paid, refunds claimed and input tax credit availed, and to assess compliance. Departmental audits are authorised in writing by the Commissioner, require prescribed advance notice, are discretionary, and must be completed within statutory timeframes; auditees must provide facilities and information. Where audits detect tax discrepancies, the proper officer may initiate proceedings for determination of tax and other dues. (AI Summary)
Date 28 Dec 2017
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Depreciation allowance: assets treated as application of income can still attract depreciation and be carried forward.
Assets acquired by a charitable institution and treated as application of income remain eligible for depreciation when computing income: depreciation may be allowed under general commercial principles applicable to trust income and, where assets are used in business, under statutory depreciation rules; depreciation disallowed for want of adequate chargeable income is carry forwardable; an amendment inserting subsection (6) into section 11 was held to operate prospectively. (AI Summary)
Date 27 Dec 2017
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Condonation of Delay Scheme enables defaulting companies to file overdue annual returns and temporarily re activate directors' DINs.
The Condonation of Delay Scheme, 2018 permits companies that failed to file annual returns and financial statements for a continuous three year period to file specified overdue documents through form e CODS 2018, pay statutory fees plus an additional consolidated fee, and obtain temporary re activation of deactivated DINs to enable filing; struck off companies are excluded and must seek revival through the tribunal, and DINs of directors who do not comply by the scheme's end remain liable for de activation and disqualification consequences. (AI Summary)
Author
Date 26 Dec 2017
Replies 3 Replies
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Risk classification of specified service providers dictates regulatory intervention and resolution powers, including restrictions and administrator appointment.
The Bill requires the Resolution Corporation and appropriate regulators to classify specified service providers into five risk categories-low, moderate, material, imminent and critical-using criteria such as capital adequacy, asset quality, liquidity, leverage, management capability and contagion risk; classifications may extend to holding companies and non regulated operational entities. Material classification permits supervisory restrictions and remedial capital or asset actions; imminent classification triggers stricter prohibitions and resolution plan obligations; critical classification effects appointment of the Corporation as administrator and stays litigation and certain payments, with deposit insurance implications. (AI Summary)
Date 25 Dec 2017
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GST procedural protections secure migration access, restrict detention powers and permit interim release of goods pending assessment.
Courts have provided interlocutory and corrective reliefs addressing GST transitional treatment, administrative access, tender compliance and detention/seizure procedures. Remedial directions included remanding pre GST contract disputes for reconsideration, ordering issuance of GST portal credentials for migration, granting interim non payment relief for imports under Advance Authorizations subject to undertakings, and releasing detained goods or vehicles on bond or payment where detaining authorities lacked jurisdiction or failed to afford hearing. Courts emphasized that classification and valuation disputes lie with assessing officers and directed expeditious resolution of penalty proceedings. (AI Summary)
Date 25 Dec 2017
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Zero-rated supplies let exporters preserve input tax credit or discharge IGST then claim refund, subject to procedural conditions.
Zero-rating classifies exports and specified supplies to SEZs as zero-rated supplies, preserving input tax credit and permitting exporters either to export under a Letter of Undertaking without tax and claim refund of unutilised credits, or to pay IGST using input credit and seek refund of tax paid; deemed exports to EOUs and against specified authorisations allow supplier refunds subject to recipient acknowledgments and undertakings, while customs-area and title-transfer rules determine when supplies are treated as imports or exports for IGST levy. (AI Summary)
Author
Date 23 Dec 2017
Replies 5 Replies
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Condonation of delay scheme enables defaulting companies to file overdue returns and restore director DINs upon compliance.
The Condonation of Delay Scheme, 2018 permits defaulting companies (excluding struck-off companies) to file overdue annual returns and financial statements due up to 30.06.2016, pay statutory and additional fees under section 403, and seek condonation by filing e-CODS 2018 with the prescribed fee. Deactivated DINs are temporarily re-activated during the scheme to enable filings; DINs linked to companies that do not complete filings or e-CODS will be deactivated on scheme expiry. The Registrar shall withdraw prosecutions for documents filed under the scheme, without prejudice to other liabilities. (AI Summary)
Date 23 Dec 2017