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E-way bill generation enables electronic consignment tracking and lawful goods movement when vehicle details are recorded.
Procedure to create an e-way bill requires portal registration authenticated by OTP, logging in, selecting transaction and document types, entering consignee and item details (auto-populated from masters where available), and specifying mode of transport and transporter identification. The system auto-verifies inputs and issues a unique EWB reference (EWB-01) when details are correct. Movement is valid only after vehicle number entry, which triggers a displayed validity period; bills may be printed, cancelled within a limited time, or rejected by the other party. (AI Summary)
Date 05 Oct 2017
Replies 1 Reply
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Club expenses allowable as business deductions when incurred to maintain contacts and goodwill, subject to personal-use adjustment.
Club membership fees and related club expenses incurred to maintain business contacts, goodwill or for business meetings and employee welfare are deductible as business expenditure under Section 37. Entrance, periodic and membership fees and payments for club services are allowable where incurred in the course of business and verified through internal controls. Proprietors and partners should self assess and disallow any personal-use portion; tax authorities should limit disallowances to demonstrable personal elements or capital items rather than presume nonbusiness use. (AI Summary)
Date 04 Oct 2017
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Change of contact details on GST portal: add new authorized signatory, reassign primary signatory, and verify via DSC or OTP.
The procedure to update a taxpayer's contact details on the GST portal requires selecting the non-core amendment under Registration, adding the new authorized signatory with the intended email and mobile, submitting via the Verification tab, waiting for system processing, then re logging in to deselect the old and designate the newly added signatory as primary authorized signatory, and re submitting. For companies/LLPs DSC is allowed; for EVC submissions an OTP will be sent to the newly added contact details. The user must ensure pre fetched older details are replaced with the desired new contact information before final verification. (AI Summary)
Date 04 Oct 2017
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Anti profiteering measures require tax reductions to be passed to consumers and empower orders for price cuts or refunds.
Anti profiteering rules create an authority and committees to determine whether tax rate reductions or input tax credit benefits have been passed on by commensurate price reductions; after committee screening and investigation, the authority may order price reductions, refunds with interest, deposit into a consumer welfare fund, impose penalties equivalent to undue profiteering, or in extreme cases cancel registration, with orders to be issued by majority following an opportunity of hearing and immediate compliance, while the rules remain silent on further appeal and include a two year sunset clause. (AI Summary)
Date 04 Oct 2017
Replies 2 Replies
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Restriction on layers: companies limited to two subsidiary layers, with exemptions, mandatory CRL-1 filing and penalties.
The Companies (Restriction on number of Layers) Rules, 2017 restrict non exempt companies to no more than two layers of subsidiaries, excluding one layer of wholly owned subsidiaries for computation. Exemptions include banking companies, specified NBFCs, insurance companies, and Government companies. Existing companies above the limit must not add layers and must file Form CRL-1 within 150 days disclosing layer-wise subsidiary details and a director's declaration. The rules do not derogate from the proviso to section 186(1) and prescribe fines for contraventions, including daily penalties for continuing defaults. (AI Summary)
Date 03 Oct 2017
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Income tax refund grievance: file online via e-Nivaran after checking refund status and pursue employer correction for TDS mismatches.
Taxpayers should verify their refund status online and confirm whether refunds for an assessment year were adjusted against a subsequent year. If a refund is missing or appears misadjusted, file an online grievance via the e-Nivaran mechanism for the specific assessment year. For incorrect personal information such as an email ID, raise a service request on the e filing portal to amend the ITR. Where TDS in Form 26AS does not match employer records, pursue reconciliation with the employer so the employer can verify and correct quarterly e TDS filings; retain Form 16 and supporting documents to avoid future issues. (AI Summary)
Date 03 Oct 2017
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Place of supply rules govern GST on freight services, determining domestic taxability and reverse charge obligations.
GST on services by Customs House Agents and freight forwarders applies the default eighteen percent except where specific rates apply; ocean freight is taxed at five percent with input tax credit and may be payable on reverse charge for imports from non taxable territories, while certain air freight inbound supplies are non taxable. Place of supply rules determine domestic versus export treatment based on parties' locations and where goods are handed over. Commercial terms (DDP, EXW, CIF, FOB) determine which contractual leg is taxable, with Indian forwarders performing services for overseas agents potentially creating taxable supplies in India and reverse charge obligations. Ancillary origin charges are generally taxable at the general rate, and compliance requires correct invoicing, branch registrations, and use of the pure agent concept to preserve input tax credit. (AI Summary)
Date 03 Oct 2017
Replies 1 Reply
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IGST on imports: post GST imports permit IGST credit for builders subject to bill of entry disclosure and return filing.
Post GST imports are subject to IGST levied on imports treated as inter state supplies, calculated on the value of imported goods plus basic customs duty and applicable additional duties; basic customs duty remains non creditable while IGST and applicable cess credits may be claimed by builders subject to statutory filing and Bill of Entry disclosure requirements in GST returns. (AI Summary)
Author
Date 29 Sep 2017
Replies 1 Reply
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GST on freight services: place of supply and reverse charge determine taxability and invoicing obligations.
GST on customs house agents and freight forwarders depends on service leg, supplier/recipient location and Incoterms. Ocean and air freight have specific rates and exceptions; ancillary origin charges are generally taxable at the default rate. Place of supply rules under the IGST Act determine IGST vs CGST/SGST; Indian legs are taxable under section 12(8) while foreign legs are governed by section 13(9), with reverse charge applying where the recipient is unregistered. Invoices must reflect reverse charge and branches in other states require separate GST registrations. (AI Summary)
Date 29 Sep 2017
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Mobile-phone and email linkage: permit taxpayer discretion to tag multiple PANs to simplify tax compliance and notifications.
The article argues that limits on linking PANs to a single mobile number and email impede timely tax communication and compliance. It proposes allowing broader PAN linkage-with the mobile and email of the person managing tax affairs designated as primary and the assessee's own contacts as secondary-so tax practitioners or responsible officers can centrally receive departmental messages. The author urges removal or relaxation of caps and leaving the number of PANs linked to a contact to taxpayer and practitioner discretion to improve administrative convenience and compliance. (AI Summary)
Date 29 Sep 2017
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Zero-rated supply procedures require LUT or bond and prescribed documents for supplies to SEZ units under GST.
Supply to SEZ units may be made under a Letter of Undertaking (LUT) on stamp paper or a bond on non-judicial stamp paper without payment of tax; exporters must submit Form GST-RFD-11 on company letterhead, an authority letter, and other prescribed supporting documents. If a bond is furnished, the supplier must provide a bank guarantee for a portion of the bond amount. Documents are submitted to the officer with jurisdiction over the exporter's principal place of business, and the authority issues an acknowledgement letter after verification within three days. (AI Summary)
Author
Date 28 Sep 2017
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Collection of tax at source limited to toll plazas, parking lots and mines; octroi excluded by statutory text.
The statutory obligation to collect tax at source is confined to transfers of rights in parking lots, toll plazas and mining and quarrying; under strict fiscal statutory interpretation, that obligation does not extend by implication to octroi collected by an agent, and octroi is not to be treated as a species of toll for the purpose of the tax collection requirement. (AI Summary)
Date 28 Sep 2017
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Amendment of statutory schedules cannot be effected by executive notification; such executive amendments are ultra vires.
Schedules to the Income-tax Act form part of the principal statute and cannot be amended by executive notification or subordinate rule-making; amendments to Schedules must be made by Parliament through the statutory legislative amendment process. An administrative notification that purported to extend a Schedule provision by relying on delegated powers was held to be ultra vires and invalid by the courts. (AI Summary)
Date 28 Sep 2017
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Anti profiteering requirement: businesses must pass GST benefits to consumers, authority can enforce price reductions and penalties.
Anti profiteering requires businesses to pass on benefits from reduced tax rates or input tax credit to consumers by commensurate price reduction. Section 171 and Rules 122-137 establish a three tier enforcement structure: State Screening Committees for initial screening, a Standing Committee for examination and referral, the Director General of Safeguards for investigation, and a National Anti Profiteering Authority to determine non compliance and order price reductions, recovery with interest, penalties or registration cancellation. (AI Summary)
Date 28 Sep 2017
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Transitional credit preservation: retain pre-GST invoices, excise and tax records, databases and ERP access to support future scrutiny.
Preservation of records supporting transitional credit and pre-GST transactions is essential; retain excise, VAT, service tax and related documentation including PLA balances, import/export records, purchase and sale invoices with excise details, stock-transfer invoices with waybills, F/H/C forms, industrial exemption and refund correspondence, original registration certificates, assessment orders and litigation files, and ensure electronic databases and ERP access (including master passwords) with formal handovers for retrieval and future scrutiny. (AI Summary)
Author
Date 27 Sep 2017
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Pure Agent treatment excludes reimbursed third party costs from taxable value when specified contractual and invoicing conditions are met.
Pure Agent treatment allows a registered supplier to exclude actual third party costs incurred on behalf of a recipient from the supplier's taxable value where the supplier: acts under contractual authorization to pay the third party on the recipient's behalf; does not hold title to or use the procured goods or services for its own interest; receives only the actual amounts; and separately indicates such payments in the invoice, with procured supplies being additional to services supplied on the supplier's own account. (AI Summary)
Date 27 Sep 2017
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Interim GST return GSTR-3B requires summary monthly filing and payment before submission, with system ITC and set off checks.
GSTR-3B is an interim summary return requiring separate monthly filing for each GSTIN with aggregated monthly figures only; submission is allowed only after liabilities and any system computed late fees are posted and payment or ledger set offs are effected, with the system enforcing ITC prioritization and restricting certain cross ledger utilizations. (AI Summary)
Date 27 Sep 2017
Replies 1 Reply
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Reassessment notice validity upheld where assessing officer had tangible material and assessee failed to file return.
The assessing officer obtained registrar records and co-owner assessment documents showing the assessee sold her half-share and received proceeds; these constituted tangible material justifying reasons for reopening. The assessee had filed no return for the year and had not disclosed the sale or claimed non-taxability; instead of filing a return and making claims, she challenged the notice. Courts found that where the officer has tangible material to form a bonafide belief that income escaped assessment, the notice for reassessment is valid and the proper course for the assessee is to file a return and raise contentions during assessment. (AI Summary)
Date 27 Sep 2017
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Replacement land ownership requirement under Section 54B governs capital gains exemption and deposit/utilisation compliance.
Section 54B conditions exemption on the assessee purchasing replacement agricultural land within two years 'for being used for agricultural purposes' and prescribes deposit and utilisation rules for unutilised sale proceeds; judicial authorities split on whether acquisitions in third-party names satisfy the requirement, but a literal statutory reading treats purchase in the assessee's own name as the qualifying condition and applies the deposit/utilisation consequence where proceeds are not applied within the statutory period. (AI Summary)
Date 26 Sep 2017
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Declared tariff determines GST slab for accommodation while GST is charged on the actual transaction value collected.
GST on accommodation and hospitality services is governed by the declared tariff per unit per day to determine the applicable rate slab while GST is payable on the actual transaction value charged; highest declared tariff applies where multiple declarations exist, seasonal or dynamic tariffs use the tariff for the period of supply, discounts change the taxable amount but not the slab, and inpatient room rent in hospitals is exempt. Casino admission and betting are taxed on the full admission or bet value; restaurant, catering and takeaway supplies fall into slabs determined by air-conditioning, liquor licence and venue rental; ITC, reverse charge for electronic commerce operators, inter-state branch transfers and transitional credit rules are addressed. (AI Summary)
Date 26 Sep 2017
Replies 5 Replies