Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article ✕
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law ✕
Filter by Law
View Top Authors
Advanced Search ❮
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
GSTR-3B filing: apply available ITC and cash payments to the portal's unadjusted tax liability before paying.
Adjusting GSTR-3B tax liability requires taxpayers to apply available Input Tax Credit and cash payments against the unadjusted liability shown in the portal's Payment of Tax column; the portal displays gross liability after submission and does not auto-adjust ITC, so taxpayers must manually allocate ITC in the payment interface so Tax Liability minus ITC, reduced by cash payments, yields the final payable amount. (AI Summary)
Date 25 Aug 2017
Like 0 Bookmark
Composite supply treated as principal supply where elements are naturally bundled; mixed supply attracts the supply with highest tax.
Section 8 treats multi-element transactions as either a composite supply-taxed as the principal supply when elements are naturally bundled and ancillary to a predominant supply-or a mixed supply-taxed as the component attracting the highest rate when elements are separable and not naturally bundled; natural bundling is assessed by ordinary business practice, consumer expectation, supplier prevalence, ancillary character of components, and whether removal of an element alters the overall supply. (AI Summary)
Date 25 Aug 2017
Replies 4 Replies
Like 0 Bookmark
GST rate on government works contracts reduced for specified public and social infrastructure, affecting tax treatment and compliance.
The notification amends GST rates for works contracts by prescribing reduced tax treatment for specified categories of construction and related services supplied to the Government or other recipients, including heritage conservation, irrigation and water treatment works, roads and bridges, certain urban housing and public infrastructure, railways, single residential units and specified agricultural storage and handling systems; contracts not falling within the listed categories remain subject to the general higher rate. The amendment applies to ongoing and new contracts and raises compliance questions on reverse charge liability for labour and input tax credit on materials. (AI Summary)
Date 25 Aug 2017
Replies 3 Replies
Like 0 Bookmark
Transitional Input Tax Credit under GST: carry forward eligible pre GST credits via prescribed TRAN forms subject to documentation and filing rules.
Transitional provisions permit carry forward of pre GST tax credits into the electronic credit ledger through FORM GST TRAN 1 (and TRAN 2 where documents are unavailable). Eligibility depends on filing required pre GST returns for the relevant period, possession and recording of prescribed invoices/documents, and conformity with sections 140(1)-(6) and related clauses. Separate rules govern unavailed capital goods credit, inputs held in stock, inter state VAT/CST claims requiring statutory forms, stock with job workers/agents and ISD distributions; accurate, timely online filing and reconciliation with prior returns are essential. (AI Summary)
Date 24 Aug 2017
Replies 34 Replies
Like 0 Bookmark
Place of supply for GTA services determines whether IGST or CGST/SGST applies and who pays under reverse charge.
The note explains when services of a Goods Transport Agency are taxed and who bears the tax under the Reverse Charge Mechanism. A GTA is defined by issuance of a consignment note; exempt goods and threshold exceptions are listed. Specified categories of recipients must pay tax under RCM, and the person liable to pay freight in the taxable territory is treated as the recipient. Place of supply rules follow section 12(8) of the IGST Act: for registered recipients the recipient location is the place of supply, otherwise it is where goods are handed over. (AI Summary)
Date 24 Aug 2017
Like 0 Bookmark
GST practitioner eligibility: professional or graduate qualifications permit enrolment but registered persons retain responsibility for return accuracy.
Eligibility to enrol as a Goods and Services Tax Practitioner requires Indian citizenship, sound mind, no insolvency or conviction, and specified professional or educational qualifications; applicants apply using the prescribed enrolment application, which an officer may accept with a certificate or reject if unqualified. Enrolled practitioners may furnish supply details, file returns, make electronic deposits, claim refunds, apply for registration amendments, and represent clients with authorization, but must prepare statements diligently, authenticate filings electronically, and are subject to misconduct notices, hearings and possible disqualification; registered persons remain responsible for return accuracy and practitioners must meet periodic examination requirements to maintain enrolment. (AI Summary)
Date 23 Aug 2017
Like 0 Bookmark
Refund procedure in GST: structured claims, provisional relief for exporters and documentary verification for input tax credit reimbursement.
Refund in GST is a time bound, form based process for reimbursement of tax, interest or unutilized input tax credit arising from zero rated supplies, exports, supplies to SEZs, deemed exports and other specified grounds. Applicants must file prescribed forms with documentary evidence or certified declarations; officers acknowledge, seek deficiencies, may grant provisional payments and finally sanction refunds after verification. Refunds can be withheld or adjusted for non compliance, pending appeals or outstanding liabilities, and interest is payable where statutory timelines are missed. (AI Summary)
Date 23 Aug 2017
Replies 1 Reply
Like 0 Bookmark
IGST on imports: customs levy and valuation rules govern payment, ITC flow, and transitional credit of earlier duties.
Imports are taxable under GST by deeming supplies on import as interstate for levy of IGST and, where applicable, GST Compensation Cess; IGST on goods is levied at customs while IGST on services follows the IGST Act, with valuation for IGST and Compensation Cess including assessable value and specified customs duties (including anti-dumping and safeguard duties) but excluding IGST from the base for Compensation Cess. Importers must declare GST identifiers on the bill of entry to enable ITC of IGST and Compensation Cess, customs EDI will link with GSTN for ITC validation, and transitional provisions permit credit of eligible duties such as SAD for stock held on the appointed date. (AI Summary)
Date 23 Aug 2017
Replies 1 Reply
Like 0 Bookmark
Zero-rated supply permits exporters to use bond/LUT to claim input tax credit refund or pay IGST and seek refund.
Export is a zero-rated supply allowing exporters to either (a) supply under bond or Letter of Undertaking and claim refund of unutilised input tax credit (FORM GST RFD-11), or (b) pay IGST on exports and claim refund where the shipping bill is deemed the refund application once the export manifest/report is filed and a valid GSTR-3/GSTR-3B return furnished. Exporters must provide GST invoice details in the shipping bill and comply with prescribed documentary and certification requirements for refund processing. (AI Summary)
Date 22 Aug 2017
Replies 1 Reply
Like 0 Bookmark
Recordkeeping obligations under GST require registered persons to maintain prescribed accounts and electronic records, with audit triggers.
Registered persons must keep comprehensive accounts at principal and additional places of business-covering production, inward/outward supplies, stock, input tax credit and output tax-with prescribed registers for invoices, delivery challans, credit/debit notes and vouchers; non-composition taxpayers must maintain stock and tax registers including reverse charge details. Electronic records are permitted subject to authentication, backup, edit logs and production of files/passwords on demand. The proper officer may determine tax where supplies are unaccounted or goods are stored at undeclared premises, and the commissioner may notify additional requirements or relax obligations for specified classes. (AI Summary)
Date 22 Aug 2017
Like 0 Bookmark
Bankruptcy trustee powers and duties: appointment, vesting of estate, investigation, realization and distribution of assets
A bankruptcy trustee, an insolvency professional confirmed or nominated by the Board and appointed by the Adjudicating Authority, receives the bankrupt's estate which vests in the trustee immediately. The trustee must investigate the bankrupt's affairs, realize and distribute the estate, exercise statutory rights and powers to manage and dispose of assets, claim after-acquired property, disclaim onerous property, challenge undervalued transactions and preferences, call for proofs of debt, and administer interim and final dividends in accordance with the Code and the trustee's code of conduct. (AI Summary)
Date 22 Aug 2017
Like 0 Bookmark
Interim GST return GSTR-3B permitted, generating GSTR-3 parts electronically and requiring reconciliation, verification and ITC adjustment.
Amendment to Rule 61(5) permits electronic filing of Form GSTR-3B as an interim return when Form GSTR-1 and GSTR-2 deadlines are extended; Part A of Form GSTR-3 will be system-generated from GSTR-1/GSTR-2 and prior liabilities, Part B will be generated from the filed GSTR-3B, taxpayers must reconcile and amend Part B to discharge liabilities, and any excess input tax credit in the generated GSTR-3 over GSTR-3B is to be credited to the electronic credit ledger. (AI Summary)
Date 21 Aug 2017
Like 0 Bookmark
Advance ruling under GST clarifies tax applicability and creates a binding tax position with a prescribed appellate process.
Advance ruling under GST gives a written decision on GST applicability; the State/UT Authority constituted under SGST/UTGST Acts acts as the Authority for Advance Ruling. Any person may apply online in Form GST ARA-1 for matters including classification, applicability of notifications, time and value of supply, admissibility of input tax credit, tax liability, registration requirement, and whether an activity amounts to supply. The Authority admits and decides applications after hearings within ninety days; appeals lie to the Appellate Authority in Form GST ARA-2 within thirty days (extendable), which must decide within ninety days. Rulings bind the applicant and relevant officers, are void if obtained by fraud, and both bodies have civil court powers. (AI Summary)
Date 21 Aug 2017
Like 0 Bookmark
Transitional credit eligibility extended: filing deadline adjusted for taxpayers claiming transitional credit before return submission.
Staggered GSTR-3B deadlines allocate distinct procedures for taxpayers who do or do not claim transitional credit: non-claimants must deposit calculated tax in cash to the electronic cash ledger by the initial due date and file GSTR-3B by that date; claimants must deposit an initial cash amount by the same date, file TRAN-1 before GSTR-3B, pay any shortfall with interest from the next day, and may file GSTR-3B by the extended date after debiting transitional credit or electronic ledgers. (AI Summary)
Author
Date 21 Aug 2017
Like 0 Bookmark
Filing extension for GSTR-3B tied to filing of TRAN-1, while tax payment deadlines remain unchanged.
The notification allows a limited extension to file Form GSTR-3B for July only for those who file Form GST TRAN-1 by the extended date, permitting carry forward and set-off of transitional input tax credit in the July GSTR-3B, provided tax for July is computed and paid by the original payment due date, TRAN-1 is filed before the deferred GSTR-3B, and any excess tax payable over amounts already deposited is paid in cash with interest; the extension applies to filing only and TRAN-1 is not revisable. (AI Summary)
Author
Date 21 Aug 2017
Like 0 Bookmark
Input Tax Credit for reverse charge is claimable when inward supply is received, subject to invoice, tax payment and return.
Input tax credit for reverse charge is allowable only upon possession of prescribed tax documents, receipt of the supply, payment of the tax (subject to provisional credit rules), and filing the return. Invoices from unregistered suppliers qualify but depend on subsequent tax payment; provisional credit can be claimed in the month the expense is incurred and GSTR 3B permits setoff in that month, with finalisation upon actual tax payment. (AI Summary)
Author
Date 19 Aug 2017
Replies 5 Replies
Like 0 Bookmark
Place of Supply under GST determines intra state or inter state taxability and which GST heads apply.
The article states that Place of Supply under GST determines whether a supply is intra state (attracting SGST and CGST) or inter state (attracting IGST) because GST is destination based. Place of supply follows a hierarchy of general and specific rules: for goods rules address movement, delivery on third party direction, installation and exports/imports; for services the default is recipient location with fallbacks, and numerous specific rules allocate supply to the location where services are performed, where immovable property is located, where passengers embark, or to record based addresses for telecom, banking, insurance and online services. (AI Summary)
Date 19 Aug 2017
Replies 2 Replies
Like 0 Bookmark
GST compliance framework ensures sequential assessment of supply, classification, place/time rules and input tax credit entitlement.
GST compliance is a sequential framework: first determine whether a transaction is a Supply under the statutory definition, then classify it as a Good or Service to apply HSN/SAC, rates, invoicing and composition or reverse charge rules. Next establish the Place of supply and Time of supply to allocate destination tax and fix tax liability; apply valuation rules and the correct rate. Compute output tax and deduct eligible Input Tax Credit, subject to documentary, receipt and blocked credit rules, to arrive at the payable tax per IGST/CGST/SGST heads. (AI Summary)
Date 19 Aug 2017
Like 0 Bookmark
Tax Collection at Source requirement: e commerce operators must collect and remit TCS on net taxable supplies and file monthly statements.
ECOs must collect TCS on the net value of taxable supplies where they collect consideration; TCS is collected in the month of receipt, remitted within ten days after month end, reported monthly in FORM GSTR 8 (with an annual statement), and the amount so collected appears as credit in the supplier's return. The net value excludes supplies on which the ECO pays tax and is reduced by returns. Discrepancies between ECO statements and supplier returns are communicated and unrectified amounts are added to the supplier's output liability with interest. (AI Summary)
Date 19 Aug 2017
Like 0 Bookmark
Provisional GST return requirement: GSTR-3B mandates consolidated monthly filing, payment of liabilities, and ITC reporting.
GSTR-3B is a provisional consolidated monthly GST return that must be filed by monthly filers (NIL returns mandatory), is non-revisable within the form, and must be followed by GSTR-1/2/3; taxes must be self-assessed and paid unless ITC exceeds output tax (excess credited to ITC ledger). Transitional credits are not usable via GSTR-3B and require TRAN filings; reverse charge liabilities must be paid in cash. The portal enforces set-off priorities and sufficiency of cash/ITC and accepts only consolidated figures, filed online via DSC or EVC. (AI Summary)
Date 18 Aug 2017
Replies 3 Replies