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Supply under GST defines taxable transactions and determines types and place of supply for tax incidence.
The GST concept of supply triggers tax and includes all forms of provision of goods or services for consideration, specified activities without consideration, and items in Schedule II. Supplies are categorised as composite (naturally bundled with a principal supply), mixed (distinct supplies for a single price), continuous (recurring provision with periodic invoicing or payments), inward, outward, taxable, and non taxable. Inter State versus intra State characterisation depends on supplier location and place of supply, with detailed place of supply connectors for goods including movement termination, third party directions, principal places of business, installation sites, and conveyance boarding points. (AI Summary)
Date 02 May 2017
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Meaning of services flawed; inconsistent definition risks undermining GST taxation unless the statute is amended promptly.
The article contends that the CGST Act's definition of services-as "anything other than goods, money and securities" but including certain money-conversion activities-creates an internal inconsistency that may invalidate taxation of many services; because CGST definitions are adopted across IGST and UTGST, the defect is systemic, and the author urges immediate legislative amendment rather than reliance on the Act's removal-of-difficulties provision. (AI Summary)
Date 02 May 2017
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Officer duty to assist taxpayers: administrative failures and e return limits impede identification and consideration of omitted tax reliefs.
The article critiques noncompliance with CBDT Circular No.14 of 1955, which obliges tax officers to assist taxpayers by identifying omitted refunds or reliefs, advising on rights and procedures, and rectifying mistakes proactively; it documents administrative failures-delays, denial of reliefs, e-ITR limitations and rigid invocation of precedent-that force taxpayers into litigation and hinder examination of claims not made in the original return. (AI Summary)
Date 01 May 2017
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GST registration liability: registration timing and thresholds determine effective date and obligations for different taxpayer classes.
Effective GST registration dates depend on application timing: within thirty days the effective date is the date of liability, later filings take effect on grant, and voluntary suo moto registration is effective from the registration order. Liability to register is determined by aggregate turnover thresholds with lower thresholds for special category states; aggregate turnover is computed on an all India PAN basis and includes taxable, non taxable, exempt supplies and exports while excluding specified reverse charge and inward supplies. Casual and non resident persons face advance deposit and limited validity of registration; special procedures apply for UN bodies, territorial waters, ISDs, amendments, cancellation, revocation and migration. (AI Summary)
Date 29 Apr 2017
Replies 1 Reply
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GST compliance rating to score taxpayers, influencing administrative treatment, risk profiling and public disclosure of compliance records.
Section 149 creates a statutory GST compliance rating assigning every registered taxable person a score based on prescribed parameters, to be updated periodically, intimated to the taxpayer and published. Scores will reflect prompt tax payment, timely e filing, invoice matching, reconciliations, adherence to time limits and correct input tax credit reporting. Ratings are to inform administrative treatment, risk profiling, selection for scrutiny, and commercial preferences, with methodologies and publication mechanisms to be provided by regulations and implemented via the electronic GST platform. (AI Summary)
Date 29 Apr 2017
Replies 2 Replies
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Aggregate turnover rules define registration and composition eligibility by aggregating supplies and excluding inward and reverse charge supplies.
Aggregate turnover for registration and composition is the total of taxable supplies, exempt supplies, exports and inter state supplies of persons with the same PAN, excluding taxes, inward supplies, supplies taxable under reverse charge and non taxable supplies; reverse charge payments and inward supplies where recipient pays tax are excluded. Agriculturist status exempts individuals and HUFs who personally cultivate land, but only for agricultural activities. Assessment includes self, provisional, reassessment and summary modes under Chapter XII. Associated enterprise denotes enterprises with common management, control or capital links. Audit verifies turnover, taxes, refunds and input tax credit; special audit may be ordered. Authorized representatives include specified professionals and qualified persons. (AI Summary)
Date 28 Apr 2017
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Removal of company names from register signals scrutiny for non commencement or prolonged inactivity; check company status and related parties.
Registrar of Companies notifications seek removal of names for companies that have not commenced business within one year of incorporation or have been inactive for the two immediately preceding financial years without obtaining dormant company status under section 455. The notifications target paper companies used for fraudulent purposes, give a fixed response period, and require stakeholders-vendors, customers, lenders, investors and others-to verify names and undertake due diligence, noting that lists are often published as non searchable scanned PDFs. (AI Summary)
Author
Date 26 Apr 2017
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Binding high court precedent permits prima facie adjustments under section 143(1), affecting treatment of disputed tax deductions.
Where a jurisdictional High Court has declared the law on a tax question, assessing officers may make prima facie adjustments under section 143(1) consistent with that binding precedent even if the issue is debatable. The Supreme Court applied that principle to allow an AO's prima facie treatment of disputed expenditure as capital with amortisation, reversing lower authorities that had declined such adjustments on the ground of debatable issues. Taxpayers are advised to follow binding precedent in returns and tender alternative claims for AO consideration. (AI Summary)
Date 25 Apr 2017
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GST compliance burden threatens MSME viability; calls for higher thresholds, simpler returns, and relaxed input credit conditions.
GST's lower exemption threshold and broad aggregate turnover definition risk bringing many MSMEs into the tax net; coupled with state wise registrations, multiple monthly returns, taxation on stock transfers, advances and sale or return rules, the regime creates high compliance and cash flow burdens. The author advocates raising the exemption, permitting quarterly returns for eligible MSMEs, deferring tax on internal transfers until sale, relaxing sale or return time limits, permitting invoice or receipt based taxation of advances, and broader, turnover based access to the composition scheme to preserve MSME competitiveness. (AI Summary)
Date 25 Apr 2017
Replies 1 Reply
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Restriction on cash receipts limits high-value cash receipts to non-cash modes, with a monetary penalty for contravention.
Section 269ST prohibits receipt of cash above a specified threshold except by account payee cheque, bank draft or electronic clearing, with exclusions for government and specified banking entities; section 271DA levies a penalty equal to the amount received for contravention subject to proof of good and sufficient reasons and imposition by the Joint Commissioner. The author critiques the recipient only liability, the low monetary threshold, and the legislative presumption linking cash transactions to black money, urging extension of responsibility to payers and intermediaries and reconsideration of proportionality. (AI Summary)
Date 24 Apr 2017
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Accounts and Records obligations in GST require activity wise books, electronic authentication and portal enrolment for recordkeeping.
Draft GST rules require registered persons to maintain comprehensive, activity wise accounts and documentary records for supplies (including imports, exports and reverse charge transactions), keep books at principal and related business places with serial numbering or digital authentication, maintain electronic backups, and mandate enrolment on the common portal for owners/operators of warehouses and transporters required to keep records. (AI Summary)
Author
Date 22 Apr 2017
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Tax Collected at Source requires e commerce operators to collect and remit GST on supplier transactions, with monthly filing obligations.
Electronic commerce operators must collect tax at source on taxable supplies made through their platforms, computed on the net value of supplies, remit amounts monthly within ten days by debiting the electronic cash ledger, and file monthly Form GSTR 8 and an annual statement. Statements are electronically made available to suppliers for claiming credits; operators and suppliers must rectify discrepancies within prescribed periods, failing which amounts are added to supplier output tax liability with interest. Authorities may call for supply and stock information and penalties apply for noncompliance; registration is compulsory for relevant suppliers and operators. (AI Summary)
Date 22 Apr 2017
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Actionable claim treated as goods under GST; assignment and enforcement trigger supply rules and tax consequences.
Section 2 defines critical terms affecting taxability and jurisdiction: actionable claim-as per the Transfer of Property Act-is treated as goods and taxable when assigned or enforced; "address of delivery" (invoice stated recipient location) and "address on record" (supplier's recorded recipient address) guide place of supply determinations; "adjudicating authority" excludes certain central and appellate bodies; and "agent" is a distinct taxable person whose transactions with principals are treated as supplies under GST. (AI Summary)
Date 22 Apr 2017
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Transition Input Tax Credit rules govern carryforward of pre GST CENVAT and phased partial credit with prescribed filings.
Transition rules permit provisional registration for legacy registrants with PAN and prescribe carryforward of CENVAT to the electronic credit ledger for registered persons not under composition, subject to exclusions and filing Form GST TRAN 1 with supplier, invoice and goods/services details. Absent duty payment documents, a phased partial credit is allowed at a prescribed percentage for identifiable stock meeting conditions and reporting requirements. ISD distributions, centralised registration allocations, and prescribed calculations for eligible duties and taxes are also provided. (AI Summary)
Date 21 Apr 2017
Replies 1 Reply
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Anti profiteering obligations require businesses to pass GST tax reductions and input credit benefits through to consumers.
The GST law imposes an anti profiteering obligation that any reduction in tax rates or benefit from input tax credit must be passed to recipients by way of a commensurate reduction in prices. The Central Government may constitute or empower an authority to examine whether such benefits have been passed on, with powers to monitor compliance and impose prescribed penalties for failure to reduce prices accordingly. (AI Summary)
Date 21 Apr 2017
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GST rate structure sets tiered ceilings with composition, TDS/TCS mechanisms and a compensation cess framework.
The statute establishes a four tier GST rate framework with government notified intra State central rates not exceeding 20% and inter State integrated rates not exceeding 40%, a composition scheme for small taxpayers at prescribed concessional rates, TCS and TDS collection mechanisms for e commerce operators and certain government payors, a zero rating regime for exports and SEZ supplies, and a compensation cess on specified items, together with statutory late fee caps for delayed returns. (AI Summary)
Date 20 Apr 2017
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Project Import Scheme enables concessional duty classification for project imports, requiring sponsored contracts and customs registration.
The Project Import Scheme allows imports of plant, machinery and other goods for new or substantially expanded projects to be assessed under a single concessional tariff heading (Heading 98.01) when sponsored by specified authorities and imported under itemized, attested contracts registered with Customs. Registration requires submission of the contract deed, project details, and any import licences; Customs issues a Project Contract Registration Number (PCRN). A prescribed security (bank guarantee) is required at registration, imports are provisionally assessed against a duty bond, and contracts must be finalized with supporting documents for final assessment and discharge of security. (AI Summary)
Author
Date 20 Apr 2017
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GST practitioner authorization: practitioners may prepare and file returns, but correctness remains the registered person's responsibility.
Eligibility under Rule 24 requires Indian citizenship, sound mind, solvency, no specified convictions, and prescribed educational or service qualifications. Applicants apply in Form GST PCT 1; the authorised officer may enroll and issue Form GST PCT 2 or reject the application. Enrolment continues until cancelled and practitioners are listed on the Common Portal in Form GST PCT 5, with disqualification under Section 48 following notice and opportunity to be heard. Registered persons may authorise practitioners via Form GST PCT 6 to prepare and file returns and related tasks, but responsibility for correctness of returns remains with the registered person. (AI Summary)
Date 19 Apr 2017
Replies 12 Replies
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GST dual levy framework consolidates indirect taxes and provides seamless input tax credit, administrative powers, and transitional rules.
The Central Goods and Services Tax Act, 2017 creates a central levy on intra state supplies within a dual GST framework, subsuming multiple central and state indirect taxes into a value added regime with seamless input tax credit. It furnishes administrative powers for assessment, audit, inspection, seizure and recovery, prescribes self assessment, tax collection at source for electronic commerce operators, an anti profiteering measure, an appellate tribunal, and detailed transitional provisions and schedules. The Act's territorial extension excludes Jammu & Kashmir until the State assents; commencement and phased applicability are to be notified. (AI Summary)
Date 19 Apr 2017
Replies 3 Replies
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Electronic way bill requirement mandates pre-movement electronic reporting and validation for goods transport under GST.
The draft rules require generation of an Electronic Way Bill (EWB) on the common portal before movement of goods above the prescribed consignment-value threshold, with information entered in Form GST INS-01 (Part A and Part B) by supplier, recipient or transporter; transporters may consolidate multiple consignments into Form GST INS-02 and must generate EWBs where consignors fail to do so. EWBs generate a unique number shared with supplier, recipient and transporter; validity is distance-based and cancellable within a limited period unless verified in transit. Verification, RFID mapping, document carriage and online inspection reporting are mandated under specified procedures. (AI Summary)
Date 18 Apr 2017