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Principal supply determines the tax rate for composite supplies, with ancillary items deemed secondary to that predominant supply.
A Non resident taxable person supplies goods or services in India without a fixed place of business and is treated like a casual taxable person for registration and return obligations. Output tax is the tax chargeable on supplies made by a taxable person but excludes tax payable under reverse charge. Outward supply encompasses all modes of supply in the course or furtherance of business, excluding supplies subject to reverse charge. Principal supply in a composite supply is the predominant element and determines the tax rate applicable to the composite supply. (AI Summary)
Date 12 Jun 2017
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Convertible foreign exchange requirement: specified INR receipts may qualify as foreign exchange for export of services under GST.
The IGST Act requires payment for export of services to be received in convertible foreign exchange. Prior FEMA notifications and Exchange Control Manual treatments, endorsed by tribunal decisions, have treated certain INR receipts from foreign accounts or repatriated rupee payments as constituting foreign exchange. Because GST contains no separate definition of convertible foreign exchange, those established regulatory and judicial treatments should govern whether INR receipts satisfy the IGST export condition, and continuing the pre GST practice will generally preserve export qualification. (AI Summary)
Author
Date 10 Jun 2017
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GST implementation: finalised rate fitment and revised input tax credit transition rules to support rollout and compliance.
Implementation of the Goods and Services Tax centred on finalising rate fitment, transition arrangements for input tax credit, and administrative measures for rollout. The Council assigned multiple GST slabs across goods, increased deemed credit on closing stock from 40% to 60% for higher-slab goods with full credit where high-value items are identifiable, and planned rules for e-way bills and an anti-profiteering committee. Some States had yet to enact enabling laws and further Council meetings were scheduled to refine rates and procedural rules. (AI Summary)
Date 10 Jun 2017
Replies 1 Reply
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GST exclusion ambiguity risks dual taxation on petroleum products, creating simultaneous GST and excise liability.
Ambiguity between the CGST Act's temporary exclusion of specified petroleum products and the Central Excise Act's Fourth Schedule retention of CENVAT rates risks dual taxation. Natural Gas and several motor spirit subcategories are treated inconsistently across the GST Rate Schedule and the Fourth Schedule, producing simultaneous GST and excise liability unless GST schedule entries are corrected or Fourth Schedule items are deleted or exempted. (AI Summary)
Date 09 Jun 2017
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GST rate fitment on henna products increases indirect tax burden, undermining prior exemptions and pressuring small manufacturers.
Henna powder and paste, classifiable with cosmetics, are assigned the highest GST rate for that tariff, exposing them to a substantially higher indirect tax burden despite prior central excise and state-level exemptions and a recent retrospective exemption for past clearances; this reclassification threatens the viability of low-priced small-scale manufacturers and has prompted industry representations seeking continuance of exemption under GST. (AI Summary)
Author
Date 09 Jun 2017
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Job work under GST: principal may send goods without tax if conditions met, with time bound return and ITC rules applying.
Rules permit a registered principal to send inputs or capital goods to a job worker without tax if the job worker's place is declared as an additional place of business and prescribed conditions and intimations are satisfied; inputs and capital goods must be returned within specified periods or will be treated as supply to the job worker, the principal bears the onus of proof, registered job workers may supply scrap on payment of tax, and the principal is entitled to input tax credit subject to these return conditions. (AI Summary)
Date 08 Jun 2017
Replies 3 Replies
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Recognition of valuation professional organizations establishes eligibility, governance, certification, and compliance requirements for VPO recognition and oversight.
The draft Rules establish a framework for recognition of valuation professional organizations, prescribing eligibility criteria for pre existing and post appointed date entities, mandatory governance structures and bye laws per Schedule III, composition and duties of a Governing Board with residency, independence and professional composition limits, obligations to conduct examinations, training, certification, continuing education, monitoring, grievance and disciplinary mechanisms, and detailed application, scrutiny and recognition procedures by the Registration Authority subject to conditions and possible cancellation for non compliance. (AI Summary)
Date 08 Jun 2017
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Registration procedure for registered valuers: application, documentation and compliance requirements govern eligibility and certification process.
The document prescribes the procedure for grant of a certificate of registration to individuals and partnership entities: applications in Form A or Form B with a non refundable fee, detailed documentary attachments and verification by a valuation professional organization; Registration Authority scrutiny with opportunity to cure deficiencies, requests for additional information or personal appearance; issuance of certificate in Form C for the relevant asset class if eligible; and a sixty day statutory time limit for grant, excluding time taken to furnish further materials. (AI Summary)
Date 07 Jun 2017
Replies 1 Reply
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Place of supply of services rules allocate cross border GST based on service category and recipient or supplier location.
Section 13 prescribes the place of supply of services where supplier or recipient is outside India: specific rules assign place of supply for services related to goods, immovable property, events, multi state supplies, banking and financial services to account holders, intermediary services, hiring of transport, transportation of goods, passenger transport, on board services, and online information/database access; the Government may notify services where place of supply is the place of effective use and enjoyment; otherwise the place of supply is the recipient's location, or if unavailable, the supplier's location. (AI Summary)
Date 06 Jun 2017
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Tax invoice, inward supply and mixed supply definitions clarify GST documentation and bundling rules for taxable transactions.
Section 2 definitions explain key GST concepts: a tax invoice issued by a registered taxable person evidences supply, enables input tax credit and includes ISD and revised invoices; inward supply is receipt of goods or services by any means with or without consideration; job work is treatment of goods by one person on goods of another registered person; mixed supply is multiple supplies bundled for a single price not constituting a composite supply; market value and money are also defined with their limited GST relevance. (AI Summary)
Date 05 Jun 2017
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Pre-deposit requirement restricts appeals unless a portion of disputed service tax and penalty is deposited, waiver possible.
Pre-deposit rules require appellants to deposit a portion of disputed service tax or penalty before an appeal is entertained, while interest is excluded; appellate stages are treated independently for pre-deposit and authorities may waive or stay the requirement in cases of hardship. (AI Summary)
Date 05 Jun 2017
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Place of supply rules under GST determine service tax jurisdiction based on supplier/recipient location and service type.
Place of supply rules determine tax jurisdiction for services in India by reference to the location of the supplier or recipient, with specific service-type rules overriding the general test. Location of supplier and recipient is based on place of business, fixed establishment most directly concerned, or usual residence. Category rules: immovable property and accommodation are where the property/vessel is located (with apportionment if in multiple States/UTs); restaurant and personal services are where performed; transport, on-board, telecom, banking/financial, insurance and advertisement services each follow specific location criteria tied to receipt, billing, installation, embarkation or contractual apportionment. (AI Summary)
Date 02 Jun 2017
Replies 1 Reply
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Valuation by registered valuers required for company assets and securities; rules set registration, qualifications, disqualifications and discipline.
Section 247 mandates that specified company-related valuations be undertaken by registered valuers and the draft Rules vest the Insolvency and Bankruptcy Board of India as Registration Authority, require certificate-based practice, set eligibility, qualifications and fit-and-proper criteria, enumerate individual and partnership disqualifications, prescribe valuation standards, recognition of professional organisations, disciplinary procedures, and provide for a Valuation Examination with syllabus, format and acknowledgment of passing candidates. (AI Summary)
Date 02 Jun 2017
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Transaction value determines GST taxable base; include specified expenses and exclude documented discounts under valuation rules.
Transaction value is the primary taxable base when price is sole consideration between unrelated parties; it includes recipient borne amounts, non GST statutory charges, incidental expenses, non government subsidies linked to price, and interest or penalties, while documented pre supply discounts (and qualifying post supply discounts where input tax credit is reversed) are excluded. Where transaction value cannot be used, prescribed hierarchical valuation rules apply, beginning with open market value and proceeding to monetary consideration, like goods or services valuation, agent and cost rules, and a residual method consistent with section principles. (AI Summary)
Date 31 May 2017
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Trademark protection secures brand identity and enables legal action against unauthorized copying to prevent consumer deception.
Trademark identifies signs or combinations used to represent a company or product, including logos, names, packaging, colors, sounds or movements; registration is administered by the Trade Marks Registry under the Trade Marks Act, and rights are maintained through continuous use and renewal. Mark indicators include TM (claim), SM (service mark), and (registered mark). Owners can pursue legal remedies against unauthorized copying, and registration is advised for new businesses to protect brand identity and prevent consumer deception. (AI Summary)
Author
Date 31 May 2017
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Tax Collection at Source increases compliance obligations for e commerce operators and credits collected amounts to suppliers' tax ledgers.
GST makes e commerce operators and persons supplying through them subject to mandatory registration, requires operators to collect tax at source on taxable supplies routed through their platform, file monthly electronic statements reconciling collections with supplier returns, and furnish information on supplies and stocks to tax authorities; deposited TCS is credited to the supplier's cash ledger, while mismatches in operator statements and supplier returns are reconciled and may increase a supplier's output liability with interest if not rectified. (AI Summary)
Author
Date 30 May 2017
Replies 3 Replies
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Notional credit for unsold stock allowed where invoices absent as limited proportion of tax paid under GST
Under Section 140(3) read with Transition Rule 1(3), a registered trader may claim input tax credit for VAT/SGST actually paid on inputs held in stock if taxpaying documents exist; capital goods are excluded. Where such documents are absent, a trader may claim a notional credit (excluding semi finished and finished goods) at a fixed proportion of tax on supplies that were taxed at first sale and are taxable under GST. Claims require identification of stock, procurement documentation, periodic statements over six tax periods, and crediting to the electronic credit ledger. (AI Summary)
Author
Date 30 May 2017
Replies 8 Replies
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Time of supply rules determine GST liability based on the earlier of invoice issuance or receipt of payment and special cases.
The Time of Supply fixes GST liability by reference to invoice or receipt of payment, using the earlier of those events when invoices are timely; late invoicing, reverse charge, vouchers, continuous supplies, additions to supply, and rate changes have specified alternative or fallback dates, and receipt of payment is the earlier of book entry or bank credit. (AI Summary)
Author
Date 30 May 2017
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Time of supply rules determine when GST liability arises, governed by invoice, payment, vouchers, reverse charge, and rate-change events.
Time of supply establishes when GST liability arises: for goods and services it is generally the earlier of invoice issuance (within prescribed time) or receipt of payment, with specific provisions for small excess payments, reverse charge supplies, voucher transactions, and fallback rules that default to the date of periodic return filing or tax payment; change of tax rate rules fix time of supply by reference to whether invoice or payment occurred before or after the rate change. (AI Summary)
Date 29 May 2017
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Input Tax Credit eligibility clarified for registered suppliers, covering input tax, input services and ISD distributions.
The document explains that Input and Input Service mean goods or services used or intended to be used in the course or furtherance of business (excluding capital goods as inputs), and that an Input Service Distributor is an office which receives invoices for input services and issues prescribed documents to distribute CGST/SGST/IGST/UTGST credit to suppliers with the same PAN. Input Tax comprises central, state, integrated and union territory taxes (including import and reverse charge taxes) excluding composition levy, and Input Tax Credit is the credit of such input tax available to registered taxable persons for business use. (AI Summary)
Date 29 May 2017
Replies 1 Reply