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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)
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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
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Zero-rated supply: exporters retain input tax credits and claim refunds under GST, enhancing international competitiveness.
Exports are designated zero-rated supply under GST, enabling exporters to either export under bond or LUT without payment of IGST and claim refund of unutilised input tax credit, or export after payment of IGST and claim refund pursuant to the Refund Rules; shipping bills must contain GST invoice details and refund applications are filed electronically. IGST applies to imports as inter state supplies alongside customs duties, and the broadened input tax credit mechanism offsets formerly cascading state levies, reducing input costs and improving export competitiveness. (AI Summary)
Date 26 Sep 2017
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Interest on delayed GST payment accrues at prescribed higher rates, with elevated rate for undue input tax claims.
Interest under Section 50 of the CGST Act is payable from the day after the tax due date on outstanding tax, at a standard rate for ordinary late payment and at a higher penal rate where there is an undue or excess claim of input tax credit or undue reduction in output tax liability; interest is computed pro rata for the number of days of default and rounded for payment. (AI Summary)
Date 26 Sep 2017
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Mandatory filing of GSTR-3B: auto-generated GSTR-3 reconciles liabilities and requires modification where shortfalls arise.
Filing of GSTR-3B is mandatory under amended CGST Rule 61(5); GSTR-3 will be auto-generated under rule 61(6) in two parts-Part A from GSTR-1, GSTR-2 and prior liabilities, and Part B from the filed GSTR-3B. Discrepancies between GSTR-3 and GSTR-3B require taxpayers to modify Part B and pay any shortfall; excess input tax credit in GSTR-3 over GSTR-3B will be credited to the electronic credit ledger. Late fees and penal interest apply for non-filing. A request to the Commissioner may be made for revision in cases of erroneous GSTR-3B submission. (AI Summary)
Date 25 Sep 2017
Replies 1 Reply
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Aggregate turnover determines GST registration, composition scheme eligibility and credit distribution consequences under the Act.
Aggregate turnover is the all India aggregate value of taxable supplies (excluding inward supplies on which tax is payable on reverse charge), exempt supplies, exports and inter State supplies of persons with the same PAN, excluding central, State, Union territory and integrated taxes and cess. Composition scheme eligibility and lapse are determined by aggregate turnover, with an option for qualifying registered persons to pay tax at prescribed composition rates and lapse where turnover in a financial year exceeds the statutory limit. ISD credit is distributable pro rata by turnover using C1 = (t1/T) x C. (AI Summary)
Date 25 Sep 2017
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GST classification for hotel services creates slabbed rates and varying input tax credit rules across accommodation and ancillary supplies.
GST treatment of hospitality services establishes differentiated tax rates and input tax credit consequences across service categories. Room accommodation is taxed on a slabbed per day tariff with varying GST and ITC availability. Restaurant, catering and bundled venue plus food supplies attract specified GST rates with ITC; alcoholic beverages fall outside GST and require separate invoicing. Ancillary services (cab rental, currency exchange, laundry, telecom, beauty, gym, club) carry distinct rates and ITC positions based on service nature and who bears consumable costs. Place of supply rules locate accommodation and event services at the immovable property; time of supply treats delivered food as taxable on delivery and advances as taxable on receipt. (AI Summary)
Date 25 Sep 2017
Replies 3 Replies
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ITAT website suffers poor updates, degraded search and blank noticeboards, hindering public access to tribunal orders and notices.
The ITAT website lacked real-time updates and user-friendly content: homepage update fields were blank, contact responsiveness fell off, and key search features were reduced. The order-search interface now requires bench and date selection, drop-down menus are disordered, and party-name or appeal-number searches are routed through a Case Status page that demands multiple fields and sometimes fails to display orders despite their having been passed. The Notice Board and cause-lists were often blank, prompting the author to request improved hosting, full-text uploads, searchable indexing and routine maintenance. (AI Summary)
Date 23 Sep 2017
Replies 2 Replies
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Reverse charge mechanism requires recipients to register solely to remit tax on notified supplies, while exempt suppliers remain outside RCM.
Reverse Charge Mechanism makes the recipient liable to pay tax and comply with GST provisions where supplies are notified for RCM or where a registered person purchases from an unregistered supplier; persons below the turnover-based registration threshold must obtain registration if they are required to pay tax under reverse charge, whereas persons excluded from registration because they exclusively make exempt supplies or are agriculturists remain outside RCM obligations. (AI Summary)
Date 23 Sep 2017
Replies 1 Reply
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E way bill compliance: electronic waybills must accompany consignments to ensure GST compliant movement and assign generation responsibility.
E way bill rules require registered persons causing movement of goods to furnish Part A details (GSTIN of recipient, place of delivery, invoice/challan particulars, value, HSN, reason) before commencement; Part B (vehicle number) must be furnished where applicable. Where consignor/consignee do not generate the e way bill for road movement, the transporter must generate it and may create a consolidated e way bill for multiple consignments. A unique e way bill number is issued on generation, is valid across States, and validity is distance linked, with procedures for extension, verification by proper officers, and online recording of inspection reports. (AI Summary)
Author
Date 22 Sep 2017
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E way bill compliance: registered persons must electronically furnish consignment details and carry the e way bill during goods movement.
Every registered person causing movement of goods must electronically furnish consignment information in Form GST EWB-01 (Part A) before movement where the consignment meets the prescribed threshold or relates to supply or other specified reasons; consignor/consignee or transporter obligations for Part B and e way bill generation are set out, recipient acceptance rules apply, and transporters must update conveyance details, may consolidate multiple consignments, cancel incorrect bills within a limited time, and comply with validity, documentation, RFID mapping and inspection/reporting procedures. (AI Summary)
Date 21 Sep 2017
Replies 1 Reply
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Drawback not Rebate: distinction affirmed, allowing appellate review of drawback determinations and separate rebate regime
The article contrasts the Drawback Rules' definition of drawback with the separate statutory rebate mechanism under the Central Excise Rules and explains that rebate by notification cannot be equated with drawback. Because rebate and drawback are distinct reliefs with separate procedures and conditions, orders determining drawback rates are not precluded from appellate review on the ground that they are "rebates of duty"; remand to the adjudicating authority for consideration under the correct Drawback Rule is therefore permissible. (AI Summary)
Date 21 Sep 2017
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Tax Deduction at Source on government contracts requires specified public authorities to deduct tax when contract value exceeds threshold.
Section 51 creates a statutory Tax Deduction at Source framework requiring specified public authorities and notified entities to deduct tax at source at one per cent on contract payments (value excluding GST) where contract value exceeds the threshold. Deductors must register, deposit deducted tax by the 10th of the following month, issue a prescribed TDS certificate, and file Form GSTR 7; failures attract interest, late fees and recovery. Exclusions apply for non taxable or exempt supplies, certain location combinations, and where reverse charge or notifications remove liability; excess deductions are refundable unless credited to the supplier's electronic cash ledger. (AI Summary)
Date 19 Sep 2017
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Drafting errors create regulatory ambiguity and require precise cross referencing and corrective amendments in legislation and rules.
Drafting errors in legislation, rules, and forms create regulatory ambiguity through misleading headings, incorrect cross references, omitted computation rules for statutory time limits, misnumbered form fields, and typographical substitutions; examples include a misleading regulation heading, unclear appeal period computation, missing form serial numbers, incorrect amendment citations, and terminology errors in tribunal fee schedules, some of which were later corrected while others remained unrectified. (AI Summary)
Date 18 Sep 2017
Replies 2 Replies
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E-way bill requirement for movement of goods; generation, validation and documentation obligations for consignor, consignee and transporter.
Movement of goods exceeding the prescribed value requires generation of an E-way Bill, which may be generated by the registered person, transporter, or an unregistered person as applicable. The common portal issues a unique e-way bill number; the bill must accompany consignments physically or via RFID. Rules specify exemptions, time- and distance-based validity, procedures for generation in distinct cases (own conveyance, transporter handover, transfer between transporters, consolidated consignments, and transporter-generated bills when consignor/consignee do not generate), recipient acceptance mechanics, documentation to be carried, cancellation window, and reporting of detention events. (AI Summary)
Author
Date 18 Sep 2017
Replies 1 Reply
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Insolvency and Bankruptcy internship establishes eligibility, duties and procedural requirements with stipend and no employment entitlement.
The Board's internship scheme provides time-bound placements for eligible students in specified academic programmes, ordinarily lasting one month with possible short extension or termination at the Board's discretion; no leave is allowed except that unavoidable absence may extend the term without stipend. Applications require institutional recommendation and timely submission for internal screening; selected interns must sign a confidentiality declaration, assist officers, prepare a supervised dissertation aimed for publication, observe office discipline, use personal equipment while the Board provides workspace and connectivity, and acknowledge no right to employment. (AI Summary)
Date 15 Sep 2017