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Reverse charge mechanism: transitional exemptions for procurements from unregistered suppliers, altering recipient tax obligations.
Enhancements to the Composition Scheme raise eligibility thresholds and exclude exempt supplies from aggregate turnover; transitional opting-in and filing rules for provisional registrants are prescribed. Reverse Charge Mechanism relief exempts registered persons from RCM on procurements from unregistered suppliers for a specified transitional period and adds recipient-liability entries for certain services and government-supplied used goods. Amendments introduce invoice-cum-bill of supply, modify return forms and extend filing deadlines, reduce tax on certain pre-implementation motor vehicle transactions, provide small-supplier advance payment relief, and empower state officers to sanction CGST refunds. (AI Summary)
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Date 16 Oct 2017
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GST exemptions and reverse charge rules updated, with revised government entity exemptions and transitional compliance measures.
Notifications implement GST Council recommendations expanding exemptions (inter state supplies from unregistered suppliers; broadened government entity and governmental authority exemptions; new exemptions for grant funded services, goods transport agency services to unregistered recipients, and road/bridge access by annuity), amend reverse charge entries (including specified services and goods supplied by government entities and services to the Reserve Bank), adjust tax rates and motor vehicle/cess treatment with transitional conditions, and revise procedural rules, filing deadlines and composition thresholds to effect the changes. (AI Summary)
Date 16 Oct 2017
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Exclusion of alcoholic liquor from GST causes input tax cascading, compliance burdens and valuation complexities for the industry.
Exclusion of alcoholic liquor from GST preserves State taxation of liquor sales but brings most inputs and services used by the alcoholic beverages industry within GST, causing loss of input tax credit and cascading costs. This generates compliance and characterization issues where alcohol is bundled with GSTable supplies, and valuation problems for reused bottles; the margin scheme under rule 32(5) and related notifications offers a limited mechanism to value second hand bottles where no input tax credit was claimed. (AI Summary)
Date 16 Oct 2017
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GST Practitioner authorisation: authorised tax professionals may prepare returns and represent taxpayers, subject to enrolment and conduct rules.
An enrolled GST Practitioner may prepare and file returns, furnish supply details, deposit into the electronic cash ledger, file refund claims, and apply for amendments or cancellation of registration, subject to confirmation requirements by the registered person. The practitioner must sign or electronically verify statements, make them available on the common portal, and act as authorised representative; however, correctness of particulars remains the responsibility of the registered person. Enrolment follows prescribed eligibility, application, and examination rules and is subject to cancellation for misconduct. (AI Summary)
Date 14 Oct 2017
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Deductibility of interest on delayed TDS payments is recognised as business expenditure when compensatory, not punitive, and thus allowable.
The document asserts that interest paid for delayed deposit of TDS/TCS is deductible under Section 37 because TDS/TCS are part payments of business liabilities owed to payees; such interest is compensatory in nature and distinguishable from interest on the assessee's own income-tax, which is non-deductible. (AI Summary)
Date 13 Oct 2017
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Deduction under section 10B: delegated Development Commissioner approval with later ratification preserves entitlement to export deduction.
Entitlement to the export deduction depends on approval as a 100% export oriented undertaking, but delegated approval by the Development Commissioner-recognized by administrative instruction-and subsequent ratification by the Board relate back to the date of the original permission; therefore denial of deduction solely for lack of immediate Board ratification is unsustainable where ratification or valid delegation exists. (AI Summary)
Date 12 Oct 2017
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Exclusion of petroleum from GST delays uniform taxation, sustaining revenue allocation frictions and raising compliance and price burdens.
Section 9(2) of the CGST Act, 2017 keeps five petroleum products (the Panchratnas) outside GST until notified otherwise, preserving existing central and state tax regimes. This temporal exclusion denies uniform GST treatment and input tax credit for those supplies, forcing integrated oil companies to operate under dual tax rules, complicate apportionment of input credits, and raise compliance and pricing issues that affect consumers and distribution of tax revenue. (AI Summary)
Author
Date 12 Oct 2017
Replies 7 Replies
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Fair market value disputes: adjudicators must weigh competing valuation reports and reasoned evidence before adopting a value.
When two conflicting valuation reports exist for determining fair market value under a statutory deeming provision, the adjudicating authority must examine both reports' factual bases, methodologies and supporting documents, afford opportunity to the parties, and adopt the valuation that on reasoned analysis best reflects market reality; rejection of an expert report requires explicit consideration and reasons. (AI Summary)
Date 11 Oct 2017
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Creditor-driven insolvency initiation enables admittance, moratorium and IRP appointment leading to committee oversight of resolution plans.
Initiation of CIRP may be by financial, operational or corporate creditors subject to proof of default and prescribed procedural prerequisites; the adjudicating authority must, within a statutory window, admit or reject the application, and on admission declare a moratorium, appoint an interim resolution professional, require public notice and claim submissions, and enable constitution of the committee of creditors which oversees appointment of the resolution professional, consideration of resolution plans and any approved plan's implementation, while failure to complete resolution within the prescribed timeframe leads to liquidation and distribution of proceeds under the statutory priority waterfall. (AI Summary)
Date 11 Oct 2017
Replies 1 Reply
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Standard deduction and depreciation relief for salary earners to permit employment related deductions and boost demand.
Advocates reinstating a standard deduction for salary income and allowing a depreciation allowance on assets owned and used by employees for employment, arguing parity with employers and professionals, proposing percentage based standard deduction slabs and reduced depreciation rates (to reflect mixed personal use), and asserting that these measures will boost capital formation and demand. (AI Summary)
Date 10 Oct 2017
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Composition scheme threshold raised and quarterly filing relief extended for small businesses, easing compliance and export procedural relief.
Composition scheme eligibility is expanded to include dealers providing exempted services and the threshold is increased; small taxpayers within the revised turnover band may file returns and pay tax quarterly while continuing monthly GSTR 3B through the transition. Transitional deferrals include delayed liability for tax on certain unregistered expenses and exemption from GST on advances for goods for small units. Export facilitation measures include scheduled refund processing, temporary nominal levy for merchant exporters, a forthcoming e wallet for advance refund credits, and reliefs for exporters under advance authorization schemes. (AI Summary)
Date 10 Oct 2017
Replies 9 Replies
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Drawback claim procedures govern documentation, filing dates and deficiency memos for postal and non postal export shipments.
Procedures distinguish postal and non postal export drawback claims: postal claims require parcels marked DRAWBACK EXPORT and a five part form with packing, sealing and export certificates; the claim date is when Customs receives the postal submission or the later acknowledgement after rectifying deficiencies. Non postal exports require descriptive particulars and declarations on the shipping bill; electronic shipping bills or triplicate copies constitute the claim on clearance permission and must be supported by specified documents. Deficiency memos suspend filing until compliance. (AI Summary)
Date 09 Oct 2017
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Value Added Tax implementation in GCC will require businesses to adapt registration, systems, and compliance obligations regionally.
Introduction of Value Added Tax across GCC states imposes an indirect consumption tax collected throughout the supply chain and ultimately borne by the end consumer. The GCC VAT Agreement establishes common provisions for intra GCC trade, allows limited national discretion where cross border trade is unaffected, and aligns core parameters including the standard rate and registration threshold. Registration, collection, and remittance obligations fall on a taxable person engaged in economic activity requiring VAT registration. (AI Summary)
Date 09 Oct 2017
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Drawback entitlement limited by input duty and use restrictions, with provisional payments and administrative review mechanisms.
Drawback under the 2017 Rules is a rebate of customs or excise duty on imported or excisable materials used in exported goods, with amounts or rates determined by the Central Government based on average inputs, duties paid, waste and packing; allowances reduce where only partial duty was paid or where duty was rebated, refunded or credited, and exclusions apply for goods taken into use after manufacture and specified jute products. Provisional payments against bonds are permitted, final determinations adjust provisional sums, and authorised officers may inspect premises and require documents to verify claims. (AI Summary)
Date 07 Oct 2017
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Authorised representative under GST: defines who may represent taxpayers and sets qualifications and disqualifications including retired officers and GST practitioners.
Authorised representatives may appear before GST officers, appellate authorities and the appellate tribunal except where personal attendance for oath or affirmation is required. Eligible categories include relatives or regular employees, advocates, chartered accountants, cost accountants, company secretaries with valid practice, authorised GST practitioners, and certain retired commercial tax officers subject to a one-year post-retirement bar. Disqualifications include dismissal from government service, conviction for specified offences, proven misconduct and insolvency, with specified durations; State or UT disqualifications apply under the GST Act and the Commissioner may disqualify non-licensed representatives after enquiry. (AI Summary)
Date 07 Oct 2017
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Goods and Services Tax implementation hampered by unready GSTN and provisional returns, prompting calls to relax filing frequency.
The article identifies the rushed rollout of the Goods and Services Tax and the unprepared GSTN as central failures: last minute notifications and frequent amendments created taxpayer uncertainty about tax treatment, while system outages, untrained service providers and unusable forms forced the Government to adopt a provisional GSTR 3B and repeatedly extend filing deadlines. It recommends suspending monthly filing in favour of quarterly or half yearly returns until the infrastructure and support ecosystem are reliable. (AI Summary)
Author
Date 06 Oct 2017
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Appointment of insolvency professional: Board recommends eligible local professionals based on availability and quoted fees.
The Adjudicating Authority appoints an interim or resolution professional either from the applicant's proposal or, where none is proposed, on the Insolvency and Bankruptcy Board's recommendation. The Board invites expression of interest from professionals in the debtor's vicinity, requires a Form A declaration (including ongoing assignments, disciplinary and conviction status, eligibility and fee), filters eligible candidates, and recommends one based on a weighted score combining relative assignment volume and quoted fee; incorrect declarations may invite disciplinary proceedings. (AI Summary)
Date 06 Oct 2017
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Export under LUT: registered exporters may export without payment of integrated tax upon furnishing an LUT, subject to specified conditions.
Procedure permits all registered persons to export without payment of integrated tax by furnishing a Letter of Undertaking (LUT), subject to exclusion for prosecuted persons; LUT is valid for the financial year, may be withdrawn for failure to meet time-bound export conditions and restored on payment, may be submitted physically to the jurisdictional Deputy/Assistant Commissioner with acceptable self-declaration, and must be processed as a priority within a prescribed short period. (AI Summary)
Date 06 Oct 2017
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Dividend Distribution Tax: full dividend characterization and whether dividend payments constitute taxable company income under Section 115O.
The article examines challenges to the application of Section 115O to dividends declared by tea companies whose income is computed as composite agricultural and business income. It contrasts the argument that only the business-income portion should attract the levy with the unraised contention that dividends are expenditures, not company income taxable under the Income tax Act. The author also stresses procedural omissions: failure to inform subsequent courts of an earlier SLP dismissal on identical issues and other case history or registry anomalies that could affect judicial assessment. (AI Summary)
Date 05 Oct 2017
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Green debt securities: issuance requires defined eligible projects, specific offer disclosures and ongoing allocation and impact reporting.
A debt instrument qualifies as Green Debt Securities when proceeds are dedicated to prescribed environmentally beneficial project categories; issuers must disclose environmental objectives, project eligibility criteria and decision-making processes, tracking systems for proceeds deployment, and may appoint and disclose an independent reviewer. Continuous disclosure requires half-yearly and annual reporting of proceeds utilization with external auditor verification, lists of projects or asset classes funded, qualitative and where feasible quantitative environmental performance indicators with methods and assumptions, and disclosure of any unutilized proceeds. (AI Summary)
Date 05 Oct 2017