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GST Portal integration enables invoice-level uploads and authorised GSP access for automated GST compliance and reconciliation.
The GSTN common portal centralizes taxpayer-facing GST compliance-registration, invoice upload, return filing, tax payment, ITC and ledger management-and permits offline invoice compilation and automated uploads; authorised GST Suvidha Providers enable format conversion, reconciliation, ERP integration, role-based access and practitioner management while State and Central tax authorities retain statutory backend functions such as registration approval, assessment, audit and investigation. (AI Summary)
Date 31 Oct 2017
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IGST exemption for services to Nepal and Bhutan clarifies taxability while distinguishing from zero rated export treatment.
The Central Government exempted IGST on services with place of supply in Nepal or Bhutan when payment is received in Indian Rupees, while clarifying such supplies are exempt but not zero rated exports, thereby raising issues of reversal or apportionment of common input tax credit. Concurrently, multiple filing deadlines for TRAN 1, REG 26, CMP 03, ITC 04 and ITC 01 were extended, concessionary tax treatment for supplies to merchant exporters was prescribed subject to conditions, supplies qualifying as deemed exports were listed, evidentiary requirements for deemed export refunds were prescribed, and CGST Rules were amended to allow suppliers to claim certain refunds. (AI Summary)
Author
Date 31 Oct 2017
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Substantial benefit protection: procedural or technical GSTN glitches should not bar ITC entitlement, urging administrative clarification.
Technical failures in the GST network are preventing legitimate claimants from availing ITC-examples include missing or late supplier uploads, non auto population into buyers' GSTR 2A, and misclassification of supplies-creating situations where procedural fixes would either duplicate tax liability or be impractical. The article contends that the principle barring denial of a substantial benefit for procedural lapses should apply to prevent loss of ITC due to GSTN or filing errors, and urges an administrative clarification rather than case by case litigation. (AI Summary)
Author
Date 30 Oct 2017
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Tax deductions for loans available for education, home and business vehicle financing under the Income Tax Act.
For motor vehicles used in business, interest on the vehicle loan and depreciation are deductible, with deductions linked to use in trade and cited under Section 80. Education loan relief permits an individual deduction for interest under Section 80C for specified repayment periods. Home loan relief allows principal repayment deduction under Section 80C for a completed self-occupied house and interest deduction for a second property, subject to construction-completion conditions that affect allowable interest relief. (AI Summary)
Author
Date 28 Oct 2017
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Applicability of GST Compensation Cess creates uncertainty for penultimate export sales and reverse charge purchases absent clarifications.
The GST Compensation Cess treatment on supplies preceding export sales and on reverse charge purchases from unregistered dealers is unclear: central concessions for reduced GST and exemptions apply only if States issue corresponding SGST notifications and the Centre clarifies whether the Compensation Cess applies to penultimate export sales and to acquisitions on reverse charge, otherwise buyers or sellers may remain liable for the cess despite reduced central tax rates. (AI Summary)
Date 28 Oct 2017
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Cognizance and forum under the SEBI Act: special courts now exercise jurisdiction for prior and subsequent offences.
Successive amendments altered SEBI offence cognizance and forum: prior government sanction to file complaints was removed; courts inferior to a Court of Session were divested of jurisdiction by the 2002 amendment; and the later enactment established Special Courts, treated as Courts of Session, to try SEBI offences. The statutory scheme transfers jurisdiction for offences committed before and after the amendments to the forum designated by the operative amendment, applying to pending matters whether or not trial had commenced. (AI Summary)
Date 27 Oct 2017
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Common GST portal centralises registration, returns and payment processing and implements IGST settlement via GSTN infrastructure.
Section 146 provides for a government notified Common Portal to enable registration, tax payment, return filing, IGST computation and settlement, and electronic waybills. The GSTN is the special purpose entity charged with developing, operating and maintaining the portal and IT backbone, delivering PAN based registration, standardized returns and payment processing, IGST clearing, API integration with stakeholders, MIS and analytics, and reconciliation with customs for imports. (AI Summary)
Date 27 Oct 2017
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Agent under GST treated as taxable person and liable for registration; supplies on behalf of principal deemed taxable.
An agent is a person who conducts the business of supplying or receiving goods or services on behalf of another, including specified mercantile roles. An agent is a taxable person when acting for a principal and must register, with the agent's supplies (including those made on behalf of principals) aggregated for threshold determination. Supplies by a principal to an agent who undertakes to supply, and supplies by an agent to a principal who undertakes to receive, are treated as supplies even if made without consideration. An intermediary is not separately listed in the agent definition but may be treated as an agent where functionally equivalent. (AI Summary)
Date 26 Oct 2017
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Adjudicating Authority under insolvency code: NCLT governs corporate insolvency initiation, moratorium, resolution and liquidation procedures.
The National Company Law Tribunal is the Adjudicating Authority for corporate insolvency and liquidation under the Code, with territorial jurisdiction at the registered office. Financial creditors, operational creditors or the corporate debtor may initiate the corporate insolvency resolution process; the Adjudicating Authority must, within fourteen days, ascertain default and admit or reject applications, and admission triggers a moratorium, public announcement and appointment of an interim resolution professional. The resolution process is time bound, subject to a single extension, and culminates in approval of a resolution plan by the Committee of Creditors and tribunal sanction or, failing that, liquidation governed and supervised by the NCLT. (AI Summary)
Date 26 Oct 2017
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Right to be heard in insolvency proceedings: corporate debtor must receive reasonable opportunity before admission of petition.
Section 7 prescribes filing, evidence of default, nomination of a resolution professional and service of the insolvency application; where the Code and Rules are silent on hearing procedure, principles of natural justice require the Adjudicating Authority to afford the corporate debtor a reasonable opportunity to file objections and be heard before ascertaining default and admitting or rejecting the petition. (AI Summary)
Date 25 Oct 2017
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Implementation of GST: courts refused postponement while granting targeted interim reliefs for pre commencement import and authorization issues.
Challenges to GST commencement were rejected where statutory sanction, notifications, rules and registrations were in place; courts refused to postpone rollout but granted case-specific interim reliefs. Reliefs covered clearance of imports linked to pre-commencement export orders without additional integrated tax subject to verification and undertakings, non-payment directions for imports under Advance Authorizations conditioned on letters of undertaking, extensions for composition applicants, remedial direction for migration/password issuance, and adherence to statutory detention and provisional release procedures. (AI Summary)
Date 24 Oct 2017
Replies 2 Replies
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Composite supply principle: import of goods taxed as principal supply, not separately as vessel transportation under reverse charge.
When imports involve goods together with ancillary freight and insurance, the transaction constitutes a composite supply with imported goods as the principal supply; under GST rules made applicable to integrated tax, such composite supplies are taxed as the principal supply, so an import whose customs value already includes transport and insurance should be taxed as a supply of goods and not again as a separate supply of transportation under reverse charge. (AI Summary)
Author
Date 24 Oct 2017
Replies 3 Replies
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Reverse charge liability timing: recipient pays GST when the time of supply occurs, based on payment or invoice rule.
Reverse charge shifts GST liability to the recipient for notified supplies and for supplies from unregistered persons to registered recipients. Time of supply under RCM for services is the earlier of payment (or bank debit) or the day after sixty days from invoice; for goods it is receipt, payment (or bank debit), or the day after thirty days from invoice. A deferment notification exempts specified supplies from RCM for its deferment period, so a recipient must check whether the time of supply falls on or before the notification cut off to determine RCM liability. (AI Summary)
Date 24 Oct 2017
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Insolvency Resolution Process: creditor approved plans enable time bound corporate restructurings under the Code.
The Code provides a time bound insolvency framework: corporate resolution processes must conclude within a statutory period subject to one creditor approved extension, resolution plans require a super majority creditor vote before adjudicating authority approval, a fast track process exists for smaller companies, and liquidation follows where resolution fails. It establishes an Insolvency and Bankruptcy Board, insolvency professionals, information utilities, adjudicating authorities with appeal routes, a prescribed liquidation priority, treatment of preferential and undervalued transactions, penalties for concealment, and an insolvency fund with contributor withdrawal rules. (AI Summary)
Date 23 Oct 2017
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Time bound insolvency resolution framework centralises institutions and creditor led processes to speed recovery and restructure distressed debt.
The Code establishes a consolidated, time bound insolvency framework by creating the Insolvency and Bankruptcy Board, Insolvency Professional Agencies, registered Insolvency Professionals and Information Utilities to manage and publish financial information; it provides distinct resolution tracks for corporations, individuals and partnerships, mandates interim moratoria, creditor committees, and creditor voting thresholds for binding resolution plans, prescribes liquidation and a statutory order of distribution where plans fail, and vests adjudication in specialized tribunals with penalties for fraudulent conduct. (AI Summary)
Date 18 Oct 2017
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GST rate amendments and compliance changes implemented; composition scheme limits, reverse-charge suspension and filing extensions notified.
CBEC issued forty one notifications implementing 22nd GST Council decisions to amend GST rates and exemptions (including leasing of motor vehicles and handicraft items), revise composition scheme turnover limits and remove implementation difficulties, suspend specified reverse charge provisions for a transitional period, cross empower State officers for refund processing, and grant time limited procedural relief through filing deadline extensions and rule amendments. (AI Summary)
Date 18 Oct 2017
Replies 1 Reply
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Definition of services narrows GST reach, creating ambiguity that risks challenges unless the statute is amended for clarity.
Section 2(102) of the CGST Act defines services as "anything other than goods, money and securities" but only specifically includes certain money related activities, creating a conceptual conflict because services are activities rather than things. That drafting ambiguity narrows the taxable scope, risks successful challenges to levies on many services not explicitly listed, and calls for a legislative amendment to the definition rather than administrative correction. (AI Summary)
Date 17 Oct 2017
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Composition Scheme threshold increased, easing eligibility while changing return, invoice and registration rules for small suppliers.
Notifications arising from the 22nd GST Council raised composition scheme thresholds and revised Rule 3(3A) to permit newly registered persons to opt into composition from the month following intimation upon filing Form GST CMP 02 and furnishing GST ITC 03 within the prescribed period, after which TRAN 1 is barred. Exemptions were provided for certain inter state suppliers and casual handicraft suppliers from registration; exempt supplies (including interest/discount on loans) are excluded from aggregate turnover for composition eligibility. A single invoice cum bill of supply is allowed for mixed taxable and exempt supplies to unregistered recipients, and several GSTR forms and return deadlines were amended or extended. (AI Summary)
Date 17 Oct 2017
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Notice to non-filers: GSTR 3A compels immediate filing of overdue returns or risk registration cancellation and penalties.
FORM GSTR 3A, issued under rule 68, is an electronic notice to registered persons for failure to furnish GST returns. Two principal scenarios arise: non-filing of periodic returns-where the taxpayer must file overdue returns with penalty or interest and may regularise registration within fifteen days to avoid cancellation-and post cancellation non filing of the final return GSTR 10, which should be filed within the prescribed three month period or within fifteen days of notice, subject to penalties for non compliance. (AI Summary)
Date 17 Oct 2017
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Input tax credit on gifts blocked when disposal lacks taxable consideration; valuation rules and B2B/B2C classification determine GST consequences.
Section 17(5)(h) blocks input tax credit on goods disposed of by way of gift or free samples even if inward supplies are used in the course or furtherance of business under Section 16. If a transfer carries extra-commercial or contractual consideration it must be valued under the Valuation Rules and treated as a taxable outward supply, preserving corresponding ITC effects. Purchases intended as gifts can be structured as B2C to avoid ITC entitlement and reduce reversal and reconciliation burdens; transfers to employees require separate treatment under Schedule I and Schedule III. (AI Summary)
Date 16 Oct 2017
Replies 1 Reply