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Condonation of delay requires specific evidence; vague reliance on alternative remedies and pending review cannot justify late filing.
Condonation of a delayed appeal requires specific, supported explanations for each period of default. Reliance on a possible remedy under the Vivad Se Vishwas Scheme, delayed procurement of proof of service, and a pending review application was insufficient because relevant dates and steps taken were not specified. Proof of service was not shown to be necessary before filing. The delay was therefore not condonable.
Integrated tax refund under invalid Rule 96(10) cannot be denied, requiring refund with applicable interest.
Rule 96(10) was treated as invalid by a coordinate-bench ruling and was subsequently omitted. Those factors made its application to deny an integrated tax refund unsustainable. The order-in-appeal and consequential proceedings were quashed, requiring release of the integrated tax refund with applicable interest.
In-patient hospital supplies face GST scrutiny, while final adjudication remains unenforceable during the pending writ petition.
GST liability on medicines, medical devices and consumables supplied to in-patients as part of hospital health services remains subject to adjudication. The adjudicating authority must examine invoices, procurement details, tax paid at procurement, and the manner in which supplies were billed to patients, including whether GST was separately collected. Notice has been issued and adjudication may continue; however, any final order cannot be given effect while the writ petition remains pending.
Circular No. CCT/ 26-4/2017-2018/C/2069 Dated:- 6-11-2019 Goa SGST Dated:- 6-11-2019 Goa SGST
GST exemption applies to services supplied by approved Maritime Training Institutes where education forms part of a curriculum leading to a qualification recognised by law. Maritime courses and institutes approved by the Director General of Shipping are recognised under the Merchant Shipping Act, 1958 and the standards governing seafarer training, certification and watch-keeping. Such institutes qualify as educational institutions for GST purposes, subject to the applicable exemption conditions, with corresponding application under equivalent IGST, UTGST and CGST exemption entries.
Second Schedule of the International Financial Services Centres Authority (Book-Keeping, Accounting,...
Providers holding continuation letters may operate BATF services in their existing legal form during the three-year transition, but must obtain registration to continue BATF services from IFSC. BATF operations must be ring-fenced, prescribed fees paid, and specified requirements met. Transitional exclusions apply to pre-existing contracts, manpower and assets and to migration to a newly incorporated entity; further conditions must be met within six months.
First Schedule of the International Financial Services Centres Authority (Book-Keeping, Accounting, ...
Safeguarding conditions restrict employee relocation and asset transfers from Group Entities in India to a BATF Service Provider. Transferred or relocated employees must remain within the prescribed workforce limit, and only employees without recent Group Entity employment qualify as new employees. The conditions apply annually for the prescribed period. Existing contracts or work arrangements are treated as transferred where subsisting client arrangements are shifted, or prematurely terminated and replaced by a new arrangement with the same service recipient.
Regulation 19 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
Repeal and savings remove references to Accounting, Book-keeping and Taxation Services from specified entries of the Ancillary Services Framework after a sixty-day commencement period. Ancillary Service Providers holding a letter of continuation remain governed by the prescribed conditions in the Second Schedule despite other provisions and must comply with those continuation conditions.
Regulation 18 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
Contravention by a BATF Service Provider of applicable regulations, guidelines, circulars or directions may attract enforcement action under the Act, including suspension or cancellation of registration. Enforcement action cannot be taken unless the provider receives a reasonable opportunity to make submissions.
Regulation 17 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
BATF Service Providers must pay the fees or charges specified by the Authority from time to time under the framework governing book-keeping, accounting, taxation and financial crime compliance services.
Regulation 16 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
Authority powers include prescribing norms, procedures, processes and additional requirements through circulars, guidelines or directions. Directions may also be issued through guidance notes or circulars to address difficulties in interpretation or application, providing an administrative mechanism for supplementary requirements and interpretive clarification in matters incidental to implementation.
Regulation 15 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
The Authority may relax strict enforcement of applicable requirements where this serves development of the financial market in an IFSC, with reasons recorded in writing. Applicants must file details and grounds with the specified non-refundable fee. A complete application, including clarification responses, must be processed within sixty days, and reasons recorded for acceptance or refusal.
Regulation 14 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
BATF Service Providers must furnish operational information in the manner, intervals and form specified by the Authority. Financial reporting must be in US Dollar unless otherwise directed. Within ninety days after each financial year closes, each provider must submit an independent compliance certificate issued by a practising CA, CS or CMA, confirming compliance with applicable requirements, including Regulations 8 and 9.
Regulation 13 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
BATF Service Providers must conduct operations and maintain balance sheets in any Specified Foreign Currency. They may maintain an INR account only to defray administrative and statutory expenses and for other purposes permitted under applicable laws.
Regulation 12 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
BATF Service Providers in an IFSC must maintain minimum office accommodation measured by carpet area. Carpet area must be computed at 60 square feet for each employee, creating an employee-linked office-space compliance standard. The criterion applies to providers of book-keeping, accounting, taxation and financial crime compliance services and requires the prescribed minimum space within the IFSC as the minimum office-space threshold.
Pre-notice CENVAT reversal and aircraft control tests defeated service-tax demands on leases, charters, and repairs.
Pre-notice reversal of irregular CENVAT credit with interest resulted in appropriation of the amounts and removal of the related penalty under the statutory payment mechanism. Dry aircraft leases were not taxable under reverse charge as supply of tangible goods where the lessee received exclusive legal possession, operational control, and the right to use the aircraft, while overseas lessors retained no effective control. Non-scheduled passenger charter operations before 1 July 2010 were treated as passenger air transport rather than taxable supply of tangible goods. Aircraft repair and maintenance liability could not be imposed on an entity that did not render the service where the actual provider had already paid service tax, preventing double taxation.
Regulation 11 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
BATF Service Providers must appoint IFSC-based Principal and Compliance Officers. The Principal Officer is responsible for overall IFSC activities, while the Compliance Officer reports to the Board of Directors or organisational head and oversees policies, procedures, record maintenance, and regulatory implementation. Both roles require prescribed professional qualifications or recognised degrees. Principal Officers require at least five years' relevant experience and Compliance Officers require at least three years. Principal Officers providing financial crime compliance services must also hold a relevant financial crime compliance qualification.
Regulation 10 of the International Financial Services Centres Authority (Book-Keeping, Accounting, T...
Service-recipient eligibility for BATF services requires the provider to ensure that each recipient is a non-resident. The provider must also ensure that the recipient is not from a jurisdiction identified in the Financial Action Task Force public statement as a high-risk jurisdiction subject to a call for action. These conditions restrict the permitted recipient base for book-keeping, accounting, taxation and financial crime compliance services.
Regulation 9 of the International Financial Services Centres Authority (Book-Keeping, Accounting, Ta...
Regulation 9 applies a safeguarding condition to BATF Service Providers: BATF Services must not be offered through the transfer or receipt of existing contracts or work arrangements from group entities in India. The scope of such transfers or receipts is determined in accordance with Part B of the First Schedule.
Regulation 8 of the International Financial Services Centres Authority (Book-Keeping, Accounting, Ta...
Regulation 8 requires an applicant to ensure that its IFSC business is not established by splitting up, reconstructing, or reorganising a business already in existence in India. The determination of whether an existing Indian business has been split up, reconstructed, or reorganised must follow the requirements in Part A of the First Schedule. The prohibition applies to each specified method of establishing the IFSC business.
Regulation 7 of the International Financial Services Centres Authority (Book-Keeping, Accounting, Ta...
Fit and proper requirements require a BATF Service Provider to ensure that the entity and its principal officer, directors, partners, designated partners, key managerial personnel and controlling shareholders maintain fairness, integrity, financial integrity, good reputation, character and honesty. Disqualifications include relevant criminal convictions, pending recovery proceedings, winding-up for malfeasance, undischarged insolvency, regulatory restraints or orders within stipulated periods, unsoundness of mind, financial unsoundness, wilful default, fugitive economic offender status, and other specified disqualifications.