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Job work input tax credit: entitlement depends on document, receipt, tax payment and return filing, affecting supply treatment.
Liability for job work under GST hinges on whether the process amounts to manufacture; where it does, manufacturing tax consequences follow, whereas non manufacturing processing may attract service taxation unless the principal has paid appropriate duty. Valuation follows transaction value with specified inclusions/exclusions and hierarchical valuation rules for non monetary or related party supplies. Input tax credit entitlement requires prescribed documents, receipt of goods/services, tax payment and return filing; inputs/capital goods sent to job workers may be claimed by principals but are deemed supplied if not returned within prescribed periods. Challan, invoicing and reconciliation requirements are mandatory and affect liability. (AI Summary)
Date 27 May 2017
Replies 3 Replies
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Reverse charge under GST: recipient liable to pay tax on specified supplies and may claim input tax credit if conditions met.
The document explains that under GST the reverse charge mechanism makes the recipient of specified supplies liable to pay the entire tax for both goods and services. It lists service categories subject to full reverse charge, notes there is no partial reverse charge under GST, requires recipients to comply with supplier obligations (including invoicing when receiving from unregistered persons), and states that input tax credit on tax paid under reverse charge is available to the recipient subject to credit conditions. (AI Summary)
Date 26 May 2017
Replies 11 Replies
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Input tax credit on unsold stock available by invoice or as partial notional credit for specified pre GST persons.
Section 140(3) permits registered persons to claim credit of specified pre GST central duties on inputs (and where permitted, inputs in semi finished or finished goods) held on the appointed date when in possession of taxpaying documents, subject to conditions including use for taxable supplies, eligibility under GST, possession of invoices or prescribed documents issued within twelve months before the appointed day, and other statutory requirements. (AI Summary)
Author
Date 25 May 2017
Replies 12 Replies
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Time of supply for interest ties tax to receipt, creating reporting mismatch with debit-note reporting in returns.
Section 12(6) fixes the time of supply for interest, late fees or penalties as the date the supplier receives those additions, so tax is payable on receipt rather than on issuance of a debit note. This creates a mismatch with return reporting (GSTR-1) which requires debit notes to be declared in the month issued, producing uncertainty and a potential compliance gap unless return mechanics are adapted to reflect receipt-based taxation of such additions. (AI Summary)
Author
Date 25 May 2017
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Provisional attachment under service tax: extension permitted with recorded reasons and no fresh hearing requirement for extension.
Provisional attachment secures pending service tax demands and must be proportionate to the revenue at risk; the Rules require verification, a Commissioner's notice with reasons and opportunity to submit, and a written attachment order excluding personal property of proprietors, partners or directors. Attachment lapses after six months but may be extended by the Chief Commissioner for recorded reasons within an overall statutory cap; the statute prescribes notice and opportunity before initial attachment but contains no explicit requirement for a fresh hearing before extension. (AI Summary)
Date 24 May 2017
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Importation of services treated as supply; reverse charge applies to services received from non resident providers.
Importation of services for consideration is a supply irrespective of business purpose and can attract reverse charge liability; supplies between related persons and deemed transfers of business assets are treated as supply even without consideration, subject to statutory definitions and Schedule I. Free disposals where ITC was not availed, transfers as going concerns, securities, and specified actionable claims are excluded or treated differently under the GST provisions. (AI Summary)
Author
Date 24 May 2017
Replies 4 Replies
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E-way bill requirement: pre-movement electronic declaration for consignments triggers supplier, transporter and recipient compliance obligations.
E-way bill requirement mandates pre-movement electronic filing in Part A of FORM GST INS-01 for consignments above the threshold where movement arises from supply, non-supply reasons, or inward supply from unregistered persons; transporters must generate new e-way bills on transfer between conveyances and when prior e-way bills expire, creating obligations for suppliers, transporters and recipients and raising operational, digital and timing challenges. (AI Summary)
Author
Date 23 May 2017
Replies 3 Replies
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Reporting of financial transactions triggers third party disclosures that taxpayers must reconcile to avoid enquiries and tax exposure.
Reporting under section 285BA and Rule 114E requires specified reporting persons to file a statement of financial transactions in Form 61A for defined transaction types; reporting persons must aggregate like transactions, attribute values to joint holders, and apply thresholds, while taxpayers should reconcile bank, investment and TDS/TCS records with third party reports to prevent mismatches that may trigger enquiries and tax, interest or penalty exposure. (AI Summary)
Date 23 May 2017
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Reporting of specified financial transactions: companies and tax audit assessees must file Form 61A electronically under prescribed standards.
The Income tax Act and Rule 114E require specified reporting persons, including companies issuing shares and assessees subject to tax audit, to furnish a Statement of Financial Transactions in Form 61A, electronically and in prescribed data structure, containing Part A entity/statement metadata and Part B aggregated transaction details for each person reported. Reporting persons must designate a Designated Director and Principal Officer, register with the systems administrator, sign and verify the statement, rectify defects when intimated, and comply with data security and procedural standards prescribed by the administering authority. (AI Summary)
Date 22 May 2017
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GST rate schedule approved for most goods, with remaining items and service rates deferred for further vetting.
The Council approved seven draft rules covering Registration, Payment, Refund, Invoice, Debit & Credit Note, Input Tax Credit, Valuation and Composition, referred draft rules on Transitional Provisions and Returns for legal vetting, and broadly assigned goods to nil, 5%, 12%, 18% and 28% slabs while deferring six goods categories and service rate fitment; a separate GST Compensation Cess schedule for demerit and luxury items was also proposed, with both schedules published subject to further vetting. (AI Summary)
Author
Date 20 May 2017
Replies 1 Reply
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Illegible annexed documents should not bar an appeal; tribunals must allow opportunity to produce or rectify records.
Appeal maintainability should not turn on post-filing illegibility of annexed documents: procedural rules require orders and a paper book but fading of papers over time does not prove non-production and, at best, supports an adverse inference; tribunals should not summarily dismiss appeals for illegible annexures and should permit opportunity to produce or rectify the record. (AI Summary)
Date 20 May 2017
Replies 1 Reply
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Electronic service of notice: delivery to a specified email or mobile address can suffice if receipt and identity are verifiable.
Service of notices through email, SMS and messaging apps can constitute valid service when the recipient receives the communication on an electronic address or device attributable to them; safeguards include specifying particular numbers or email ids, requiring acknowledgement from the same address, verifying identity by call or confirmatory email, and careful use of digital signatures and up-to-date contact directories to prevent misuse. (AI Summary)
Date 19 May 2017
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Electronic commerce operator responsibility to facilitate supplies and payments under GST affects platform liability and compliance.
The CGST definitions treat a credit note as a prescribed document issued by a supplier to correct excess value or tax or for returned/deficient supplies, and a debit note as the prescribed document issued to rectify understating of taxable value or tax. Deemed exports require government notification, goods remaining within India, and payment in Indian currency or convertible foreign exchange; exempt supply covers nil rated or wholly exempt supplies distinct from zero rated exports. Electronic commerce operators own or manage platforms that facilitate supplies and payments, and a fixed establishment denotes a permanent non registered place with requisite resources. (AI Summary)
Date 19 May 2017
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Input tax credit matching requires centralised invoicing and distinct invoice identifiers to ensure accurate return filings.
GST return filing requires software reports enabling input tax credit matching by reconciling suppliers' outward supplies with recipients' inward purchases. For entities with a single registration across business verticals, centralised billing and unique alphanumeric invoice identifiers are recommended to prevent duplicate invoices, with invoices showing the receiving unit's address so credit is allocated correctly. Reports must also link advance receipts to purchase orders and apply party-wise FIFO accounting to adjust tax on advances against invoices. Reporting should treat debit notes as increases in liability and include only those credit notes that reduce tax liability and corresponding input tax credit. (AI Summary)
Author
Date 18 May 2017
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Control of black money through compulsory asset declaration, identity linkage and prioritised enforcement to increase traceability.
Proposes mandatory public declaration and taxation of all registered, unregistered and benami assets; linkage of fixed and current assets to identity credentials and a single mobile number; a nationwide land and property survey with a time-limited registration window; substantial taxation of undeclared gold and ornaments; limitation to one bank account and one mobile number for each person; and prioritised, high-level enforcement focused on wealthy and influential offenders, with tax revenues redirected to human development and mechanisms for public feedback. (AI Summary)
Author
Date 18 May 2017
Replies 1 Reply
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Job work under GST: principal retains supply liability and return rules govern inputs and deemed supply consequences.
Job work under GST treats job work as processing of a principal's goods by a job worker and deems supply after job work to be by the principal; principals may send inputs or capital goods to job workers without tax subject to conditions and return/supply time limits, failing which those goods are deemed supplied by the principal. Registration, aggregate turnover and composition eligibility rules apply to job workers, delivery challans may replace tax invoices for transport, and the principal retains responsibility for accounts while waste/scrap may be supplied by the job worker on payment of tax. (AI Summary)
Date 18 May 2017
Replies 5 Replies
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Input tax credit reversal on cancellation: registrants must pay tax on stock or capital goods and file final return.
Cancellation of registration under the revised GST law requires payment equal to the input tax credit on stock of goods or output tax on such goods, and a corresponding adjustment for capital goods, with a final return to be filed within three months of cancellation; the draft final return extends reversal obligations to inputs, goods-in-process, finished goods, capital goods and input services, raising valuation and attribution difficulties, while the revised law limits supply-on-disposal rules to assets where input tax credit was availed. (AI Summary)
Author
Date 17 May 2017
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Input tax credit principles clarified, outlining eligibility conditions, blocked credits, and compliance mechanisms for goods services and capital goods.
Input tax credit is available to a registered person only upon possession of prescribed documents, receipt of goods or services, payment of tax to government, and filing of returns; credits on installments become available on receipt of the final lot. Credits on capital goods are conditioned by depreciation claims and adjusted on switching to composition or on disposal. Credits are restricted to business and taxable supplies; specified supplies and personal use are blocked. Special provisions govern transitional claims, transfer of unutilised credit on change of constitution, job work return periods, ISD distribution mechanics, and recovery with interest for excess or untimely claimed credits. (AI Summary)
Date 17 May 2017
Replies 1 Reply
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Intra-state supply exceptions: imports, exports, SEZ transactions and supplies to departing tourists treated as exports.
Certain categories of supplies of goods made within the state are excluded from Intra-State supply for GST: import of goods; export of goods; supplies to and by SEZ units and SEZ developers; and supplies to non-resident short-stay tourists who take goods out of India, which are treated as export out of India. (AI Summary)
Author
Date 17 May 2017
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Place of supply for OIDARS deemed at recipient's location, triggering tax liability for foreign suppliers under IGST.
Place of supply rules treat certain services (banking, intermediary, short term transport hire) as supplied at the location of the supplier; intermediaries now include facilitators of goods or services. OIDARS are treated as supplied at the recipient's location, with a deeming fiction using indicia (recipient address, payment card issuance, billing address, IP address, bank location, SIM country code, fixed line location) to establish presence in the taxable territory. Non resident suppliers of OIDARS can be liable to pay IGST under a forward charge. (AI Summary)
Author
Date 16 May 2017