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GSTR-1A records recipient-made amendments to supplier outward supplies and is presented to suppliers for action during a narrow post-period window.
GSTR-1A is an addendum reflecting recipient-made amendments, modifications or deletions in GSTR-2/4/6; it is auto-generated after the tax period when recipients submit changes on or before the 17th succeeding the tax period and is presented to the supplier to accept or reject during the allowed window, with unacted or submitted items rolling over to the supplier's subsequent GSTR-1 under specified conditions. (AI Summary)
Date 13 Nov 2017
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GST return status: Saved, Submitted, Filed distinctions determine editability and permissible actions on invoices.
GSTR 1 distinguishes Saved (editable draft), Submitted (frozen for the month) and Filed (finalised after submission); submission freezes invoices for that period and filing requires EVC or DSC. In GSTR 2 auto populated invoices carry status Saved if the supplier has not submitted GSTR 1 and Submitted if the supplier has submitted; action (Accept/Reject/Modify/Pending) is mandatory on Submitted invoices and Saved invoices can only be added as missing by the buyer. Saved(GSTR 1)=Submitted(GSTR 2); Submitted(GSTR 1)=Saved(GSTR 2). (AI Summary)
Author
Date 11 Nov 2017
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Composite supply classification: principal supply rule decides whether printing outputs are taxed as goods or as services under GST.
Goods taken out on approval can be transported on delivery challan (and e way bill if applicable) and invoiced upon acceptance; inter state movements attract IGST. Printing contracts are composite supplies: where content is supplied by the recipient and physical inputs belong to the printer, the principal supply is a service; where the predominant element is the printed good, the supply is of goods. GST on SKO retained for n paraffin is payable by the refinery on the net retained quantity; returned SKO is taxable only when supplied onward. Unstitched fabric pieces retain classification under Chapters 50-55 and the applicable GST rate. (AI Summary)
Date 11 Nov 2017
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Supply characterization under GST affects publishing: service treatment and blocked input tax credit increase book costs.
Characterisation under GST treats printing as a taxable service when content is supplied by the author and physical inputs belong to the printer, enabling the printer to claim ITC while the publisher's outward supply of books remains exempt and ineligible for ITC. Royalty payments to authors are taxed under reverse charge, producing tax incidence at multiple stages and blocking ITC, increasing effective book costs and prompting litigation and refund claims. (AI Summary)
Author
Date 10 Nov 2017
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Deemed exports: supplies to EOUs treated as deemed exports allowing tax refund claims by recipient or supplier with undertaking.
Supplies to EOUs and certain authorization-linked supplies are notified as deemed exports, permitting refund of tax paid which may be claimed by the recipient or, where the recipient waives input tax credit and gives an undertaking, by the supplier. Procedure requires prior intimation in Form A, issuance and endorsement of tax invoices as proof of deemed export, and maintenance of mandatory digital records in Form B with specified data elements, an audit trail, prompt updating, and monthly submission of transactions to the jurisdictional GST officer. (AI Summary)
Date 10 Nov 2017
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Legal Entity Identifier requirement for market participants and large borrowers, conditioning credit renewal on obtaining and renewing LEI.
The document explains the Legal Entity Identifier (LEI) regime: a unique 20 character global identifier issued under ISO 17442 to identify legal entities for financial transactions. It describes phased mandatory obtainment for market participants and large borrowers, links non compliance to restrictions on credit renewals or enhancements, lists eligible entity types, outlines LEI structure and non intelligent nature, and sets out issuance, renewal through accredited Local Operating Units, and administrative charges. (AI Summary)
Date 10 Nov 2017
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Debit note obligation under GST requires supplier to issue debit notes when tax or value is understated.
Section 34 requires suppliers to issue debit notes where tax or taxable value is understated and permits suppliers to issue credit notes where invoices overstate value or tax, with both instruments to be declared in returns; return formats allowing recipient entries may diverge from the Act, but the Act prevails over conflicting rules. (AI Summary)
Author
Date 09 Nov 2017
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Commercial expediency test: documentary proof of sub-agent services is required to establish business expenditure deductibility.
The commercial expediency test requires viewing disputed expenditure from the vantage of a prudent businessman to decide deductibility. Commission payments to a sub-agent evidenced by agreements, invoices, bank transfers and TDS were contested by revenue for lack of specific service descriptions, date-wise activity records, and corroboration of interactions with the procuring authority. Documentary and corroborative proof of services rendered is necessary to establish that such payments were wholly and exclusively for business, and prior-year allowance does not relieve the assessee of the year-specific evidentiary burden. (AI Summary)
Date 09 Nov 2017
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Phillips curve trade-off implies monetary policy must balance inflation and unemployment after demonetisation's growth shock.
The Phillips curve posits a short-run inverse trade-off between inflation and unemployment that central banks use to forecast inflation and set monetary policy. Recent RBI-linked analysis finds a conventional Phillips relationship for core and headline inflation. Post-demonetisation GDP slowdown and lower inflation suggest rising unemployment under this framework, compelling policymakers to balance money supply adjustments to maintain unemployment near the non-accelerating inflation rate and to protect financial inclusion, while recognising that measures like ease-of-doing-business rankings may not reflect demonetisation's business impact. (AI Summary)
Author
Date 09 Nov 2017
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Carry forward of losses: Schedule CFL is informative and does not create a present claim to reduce taxable income.
Carry forward of past business losses is governed by the law in force in the year of set off; Schedule CFL in the return is informative and does not constitute a claim to reduce taxable income. Eligibility to set off depends on facts and law at the time of set off, including restored shareholding, company classification changes, or legislative amendments. Schedule CFL may reflect disputed losses based on earlier returns, but assessed figures without pending dispute should be used. Assessment adjustments and notices relate to losses actually set off against current year income, not to mere carry forward listings. (AI Summary)
Date 08 Nov 2017
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Waiver of late fee clarified: statutory waiver does not create an entitlement to refunds or automatic ledger credits.
Notification issued under section 128 waives the obligation to pay the late fee for failure to furnish FORM GSTR-3B for the specified months, but its language confines relief to waiver of the fee liability and does not provide for refund of late fees already paid; the press release promising credit to electronic cash ledgers is not legally binding and therefore does not create an enforceable right to refund or ledger credit absent express statutory authority. (AI Summary)
Author
Date 08 Nov 2017
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GST compliance obligations clarified in early judgments; responsibilities on lessees, exporters, and legal practitioners affected.
Courts have addressed core GST compliance questions: in e-auctions lessees receive GST from buyers and must comply with invoicing and registration requirements; prior payment of an environmental cess on stock can obviate compensation type claims; authorities must follow the GST statutory scheme for search, seizure and release; exporters may continue duty free imports under pre GST Advance Authorizations subject to verification and conditions; and legal practitioners are protected from coercive registration or reverse charge enforcement until governmental clarification is issued. (AI Summary)
Date 08 Nov 2017
Replies 2 Replies
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Arm's Length Pricing: align GST valuation with transfer pricing to reduce mismatches and litigation.
The article identifies the need to align GST valuation rules for supplies between distinct or related persons with Income Tax transfer pricing principles. It summarizes that Rule 28 prescribes a hierarchy-open market value, like-kind value, then Rule 30 (cost-plus) or Rule 31 (residual)-with a resale-price option for onward sale and an invoice-declaration proviso where the recipient has full input tax credit. It highlights practical difficulties in comparability analysis, absence of tolerance under GST compared with transfer pricing tolerances, and evidentiary issues when transfer pricing adjustments affect GST treatment, including zero-rated supplies. (AI Summary)
Date 07 Nov 2017
Replies 1 Reply
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Reverse charge suspension: central tax exemption on intra State supplies from unregistered suppliers where time of supply falls after notification.
Notification 8/2017 exempted central tax on intra State supplies received by a registered person from unregistered suppliers under reverse charge, with an initial daily threshold; Notification 38/2017 removed that proviso. Section 13 makes tax liability arise at time of supply; for reverse charge the time of supply is the earlier of payment date recorded by the recipient or the date following sixty days from invoice. If time of supply falls on or after the notification date removing the proviso, central tax reverse charge liability does not arise. (AI Summary)
Date 07 Nov 2017
Replies 2 Replies
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Scope of business under GST defines taxable supply broadly, including incidental and non pecuniary activities; agriculture registration exempted.
The scope of business under GST is broadly inclusive: it covers trade, commerce, manufacture, profession, vocation, adventure, wager and similar activities, plus transactions incidental or ancillary to them, regardless of pecuniary motive or continuity. The definition expressly includes supplies connected with commencement or closure, club or association services for consideration, admission to premises, office-holder services and specified race-club services. Importation of services is treated as supply irrespective of business nexus. Agriculturists are exempt from registration for supplies of produce from cultivation. (AI Summary)
Date 07 Nov 2017
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GST treatment of society charges: collection by builder not a taxable supply when no consideration.
Collections held by a builder in a dedicated account for repairs and maintenance and later transferred to a resident society, where the builder merely acts as collector and receives no consideration, do not meet the statutory elements of supply and are not included in Schedule I; therefore such society charges are not taxable under GST and prior service tax precedents may be relied upon as persuasive authority. (AI Summary)
Author
Date 06 Nov 2017
Replies 1 Reply
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Natural justice breach: nondisclosure of relied upon investigation reports invalidates administrative restrictions and post facto compliance cannot cure.
The statutory procedure for withdrawal of facilities and imposition of restrictions requires the authority to be satisfied of the sufficiency of records to form a reasonable belief and to afford the affected person an opportunity to be heard, which includes disclosure of the investigation reports relied upon. Failure to furnish those reports at the hearing breaches natural justice, and subsequent provision of the documents does not cure the procedural illegality, although authorities may proceed anew in accordance with law on the same materials. (AI Summary)
Date 06 Nov 2017
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GST on educational services: core curriculum education exempt, auxiliary and commercial educational services subject to tax.
GST distinguishes exempt core education (curriculum leading to recognised qualifications, pre school through higher secondary, and approved vocational courses) from taxable ancillary or commercial services. Exemptions cover services by educational institutions to students, faculty and staff and hostel lodging/boarding where statutory definitions are met. Non recognised training, commercial supplies, auxiliary services to degree/higher education institutions, placement and campus recruitment services are taxable; supplier pays under forward charge and input tax credit depends on whether outputs are taxable. (AI Summary)
Date 06 Nov 2017
Replies 3 Replies
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Difference-of-opinion procedure limits third member to deciding referred points, not rehearing the entire appeal.
Whether a third member appointed under section 255(4) must confine itself to answering specific referred points so that a majority can be formed, rather than rehearing the entire appeal or declining to answer questions. The referring member is under a statutory duty to decide the referred points in one way or another; answering incompletely or recharacterising the reference as a full rehearing misconceives the member's coordinate role and frustrates the majority-decision mechanism. (AI Summary)
Date 03 Nov 2017
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Works contract classification determines GST treatment as service or supply affecting tax jurisdiction and invoicing rules.
Works contracts under GST are confined to contracts concerning immovable property where transfer of property in goods occurs during execution; such contracts are generally treated as services for GST, making the amount of materials used irrelevant and attracting service tax rates. Classification between works contract and supply-plus-installation depends on contract terms, nature of property and timing of title transfer, with movability tests and precedents informing whether components are immovable. Continuous supply status and subcontracting clauses affect invoicing obligations and potential liability. (AI Summary)
Author
Date 03 Nov 2017