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    Perquisite valuation of employer provided motor car treats engine capacity, driver cost, recoveries and private use depreciation.
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    House Rent Allowance exemption under section 10(13A) requires choosing the minimum of three salary-based tests to determine taxable HRA.
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    Gratuity exemption under Section 10(10)(i) remains available even if retiree accepts private sector employment after retirement.
    Gratuity paid to a government employee on retirement is fully exempt from income tax under the governing gratuity exemption provision, and that exemption remains available even if the retiree subsequently accepts employment in the private sector.
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    Refund of application fee: advance ruling applications are not refundable even if the applicant withdraws the application.
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    Advance ruling review barred except when ruling procured by fraud or misrepresentation, enabling annulment under law.
    The Authority for Advance Rulings lacks jurisdiction to reconsider or review its own ruling absent a substantiated mistake of law or fact or a mistake apparent from the record warranting rectification or amendment under the procedural regulations; however, a previously announced ruling may be declared void ab initio if it is shown to have been obtained by fraud or misrepresentation of facts.
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    Advance ruling jurisdiction excludes Board circulars; notifications by the government are distinct and control admissibility.
    Advance ruling jurisdiction does not extend to Board circulars because the statute expressly contemplates government notifications for advance-ruling purposes while omitting circulars; the power to issue circulars is conferred on the Board under the Central Excise framework made applicable to service tax, whereas notification-making power in the service-tax provisions is vested in the Central Government, producing a statutory limitation on advance-ruling admissibility.
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    Government company eligibility for advance ruling confirmed; subsidiaries retain separate legal personality and may also apply.
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    Writ remedy against advance rulings where no statutory appeal exists; seek High Court review under constitutional writ jurisdiction.
    No statutory appeal exists against orders of the Advance Ruling Authority; the available remedial route is a writ petition invoking constitutional writ jurisdiction in the appropriate High Court. The Supreme Court has indicated parties should approach the High Court rather than seek direct original jurisdiction at the apex court, and courts are urged to allocate and expedite fiscal writ matters.
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    Appeal on new grounds barred where party lacks aggrievement; omitted issues may be raised later upon arising.
    An appellant cannot maintain an appeal on entirely new grounds if the assessing or appellate authority has approved the assessee's classification or fully allowed the revenue's prayer, because there is no aggrievement; however, issues not considered by the tribunal may be agitated later when a cause of action arises.
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    Locus standi limits: only aggrieved private parties may challenge tax notices; third-party appeals are not maintainable.
    Only the private operators against whom tax notices are issued possess the requisite standing to challenge those notices; third parties lack authority to prosecute appeals or writs on their behalf, and challenges must be instituted by the directly aggrieved parties through the statutory remedy, who may then raise all issues available to them in accordance with law.
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    Finality of tribunal orders bars fresh appeals, preventing restoration by filing a new appeal against the same order.
    When an appeal has been rejected by the Tribunal there is no scope for entertaining an application for restoration by filing a fresh appeal in respect of the same order; similarly, once a Tribunal order has become final for lack of further appeal, the finality of orders precludes fresh appeals challenging that same order.

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      AMENDMENTS IN GOODS AND SERVICES TAX

      1 February, 2025

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      Union Budget 2025-26 (Full) + Finance Bill, 2025

      GOODS AND SERVICES TAX

      Note:

      (a) CGST Act means Central Goods and Services Tax Act, 2017

      (b) Amendments carried out through the Finance Bill, 2025 will come into effect from the date when the same will be notified concurrently, unless specified otherwise, as far as possible, with the corresponding amendments to the similar Acts passed by the States & Union territories with legislature.

      I. AMENDMENTS IN THE CGST ACT, 2017:

      S. No.

      Amendment

      Clause of the Finance Bill, 2025

      1

      Clause (61) of section 2 of the Central Goods and Services Tax Act is being amended to explicitly provide for distribution of input tax credit by the Input Service Distributor in respect of inter-state supplies on which tax has to be paid on reverse charge basis, by inserting reference to sub-section (3) and sub-section (4) of section 5 of Integrated Goods and Services Tax Act. This amendment will be effective from 1st April 2025.

      [116]

      2

      Sub-clause (c) of clause (69) of section 2 is being amended to replace "municipal or local fund" with "municipal fund or local fund" and to insert an Explanation after the said sub-clause, to provide for definitions of the terms ‘Local Fund’ and ‘Municipal Fund’ used in the definition of “local authority” under the said clause so as to clarify the scope of the said terms.

      [116]

      3

      A new clause (116A) is being inserted in section 2 to provide definition of Unique Identification Marking for implementation of Track and Trace Mechanism.

      [116]

      4

      Sub-section (4) of Section 12 relating to time of supply in respect of Vouchers is being deleted. Sub-section (4) of Section 13 relating to time of supply in respect of Vouchers is being deleted.

      [117, 118]

      5

      Clause (d) of sub-section (5) of section 17 is being amended to substitute the words "plant or machinery" with words "plant and machinery". This amendment will be effective retrospectively from 1st July 2017, notwithstanding anything to the contrary contained in any judgment, decree or order of any court or any other authority.

      [119]

      6

      Section 20(1) and Section 20(2) are being amended to explicitly provide for distribution of input tax credit by the Input Service Distributor in respect of inter-state supplies, on which tax has to be paid on reverse charge basis, by inserting reference to sub-section (3) and sub-section (4) of section 5 of Integrated Goods and Services Tax Act in said sub-sections of section 20 of Central Goods and Services Tax Act. The amendment will be effective from 1st April 2025.

      [120]

      7

      Proviso to sub-section (2) of section 34 is being amended to explicitly provide for requirement of reversal of corresponding input tax credit in respect of a credit-note, if availed, by the registered recipient, for the purpose of reduction of tax liability of the supplier in respect of the said credit note.

      [121]

      8

      Section 38(1)  is  being  amended  to  omit  the  expression  “auto generated” with respect to statement of input tax credit in the said sub- section.

      [122]

      9

      Section 38(2) is being amended by omitting the expression “auto generated” with respect to statement of input tax credit in said sub- section and also to insert the expression “including” after the words “by the recipient” in clause (b) of said sub-section to make the said clause more inclusive.

      [122]

      10

      Section 38(2) is being amended by inserting a new clause (c) in the said sub-section to provide for an enabling clause to prescribe other details to be made available in statement of input tax credit.

      [122]

      11

      Section 39(1) is being amended so as to provide for an enabling clause to prescribe conditions and restriction for filing of return under the said sub-section.

      [123]

      12

      Section 107(6) is being amended to provide for 10% mandatory pre- deposit of penalty amount for appeals before Appellate Authority in cases involving only demand of penalty without any demand for tax.

      [124]

      13

      Section 112(8) is being amended to provide for 10% mandatory pre- deposit of penalty amount for appeals before Appellate Tribunal in cases involving only demand of penalty without any demand for tax.

      [125]

      14

      New section 122B is being inserted to provide penalty for contraventions of provisions related to the Track and Trace Mechanism provided under section 148A.

      [126]

      15

      New section 148A is being inserted to provide for an enabling mechanism for Track and Trace Mechanism for specified commodities.

      [127]

      16

      Schedule III of CGST Act is being amended, w.e.f. 01.7.2017 by inserting a new clause (aa) in paragraph 8 of Schedule III of the Central Goods and Services Tax Act, to provide that the supply of goods warehoused in a Special Economic Zone or in a Free Trade Warehousing Zone to any person before clearance for exports or to the Domestic Tariff Area shall be treated neither as supply of goods nor as supply of services.

      [128]

      17

      It further seeks to amend Explanation 2 of Schedule III of the Central Goods and Services Tax Act, w.e.f. 01.07.2017 to clarify that the said explanation would be applicable in respect of clause (a) of paragraph 8 of the said Schedule.

      [128]

      18

      It further seeks to amend Schedule III of CGST Act, w.e.f. 01.07.2017 by inserting Explanation 3 to define the terms ‘Special Economic Zone’, ‘Free Trade Warehousing Zone’ and ‘Domestic Tariff Area’, for the purpose of the proposed clause (aa) in paragraph 8 of said Schedule.

      [128]

      19

      No refund of tax already paid will be available for the aforesaid activities or transactions referred to in clause 128.

      [129]

       


      Full Text:

      Union Budget 2025-26 (Full) + Finance Bill, 2025

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      ActsIncome Tax