M.Com., MBA (Financial Management), Diploma in Taxation, LL.B. Working as an Advocate and tax consultant based at Coimbatore for Ms Swamy Associates, an Indirect Tax experts. Worked as General Manager/Indirect Taxes in a Public Limited Company, Coimbatore having experience of 33 years in the indirect taxation field. Speaker in the Tax consultants forum, writing articles in EXCISE LAW TIMES,PUNJAB AND HARYANA TAXES, TAX INDIA ONLINE, TAX MATTERS, TAX CONSULTANT SOCIETY, CACLUBINDIA, TAXGURU & TAX MANAGEMENT INDIA on indirect tax matters. Mobile No.9244219688 email [email protected] ADDRESS: 25/105A, SAI NIVAS, VCP NAGAR, KURICHI, COIMBAOTRE 641024, TAMILNADU Thanks, rengaraj r.k
Showing 1 to 2 of 2 Results
Issue Id: 112808
When a person receives advance amount, he has to pay GST if the supply is not made in the same month of receipt. Now the question is: I receive cash ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 106010
We have a query on classification of a commodity. It is "fuel oil" derived from waste tyres/old tyres/plastic wastes by pyrolysis method. ...
Read Full Issue Central Excise
Showing 1 to 11 of 11 Results
Sealing of premises: authorities may seal or break open only upon reasons to believe stored goods are liable for confiscation.
Sealing or confiscation of a godown under Section 67 depends on a proper officer having reasons to believe that goods, documents or books in the premises are liable to confiscation or relevant to proceedings; where access is denied the officer may seal or break open under Section 67(4). The Gujarat High Court directed breaking the seal, conducting a search with panchnama, seizing only items meeting the statutory threshold, and thereafter permitting the owner to reclaim possession, warning authorities not to rely on ownership or tenancy proof to maintain a seal absent statutory grounds. (AI Summary)
Goods and Services Tax - GST
Obligatory registration: educational institutions' incidental sales do not trigger VAT registration without independent commercial intent.
Whether an educational institution must obtain obligatory registration under the Rajasthan VAT Act depends on whether imparting education is the predominant activity and whether incidental transactions (like prospectus sales or supplying materials) evidence an independent commercial intent. The Act's definitions of business and dealer require continuity, regularity or profit motive for incidental acts to trigger registration; absent proof of such independent commercial intention by the revenue, incidental sales ancillary to education do not convert the institution into a dealer under Section 11. (AI Summary)
Value Added Tax - VAT and CST
Input Tax Credit reversal removed, restoring ITC for inter state sales and easing compliance for manufacturers.
The budget withdraws the proviso imposing an Input Tax Credit reversal on inter state sales and eliminates clause (c) of section 19(5) of the TNVAT Act, permitting dealers to claim Input Tax Credit on inter state sales without a 'C' form; these measures take effect from 01.04.2015 under Act 5/2015. The withdrawal is intended to relieve manufacturing industries and dealers engaged in stock transfers and interstate sales. (AI Summary)
Value Added Tax - VAT and CST
Input Tax Credit reversal withdrawal restores VAT credit and eases compliance for manufacturers in interstate sales.
Withdrawal of the Input Tax Credit reversal on inter state sales restores full credit availability for manufacturers, rescinds requirements tied to statutory forms and permits claiming credit without such forms, thereby changing VAT compliance mechanics for interstate transactions. The budget imposes no new taxes while introducing sectoral VAT exemptions and reductions and removing electricity tax on certain biomass generators. (AI Summary)
Value Added Tax - VAT and CST
Input tax credit protection when supplier was registered at supply; retrospective cancellation does not automatically nullify purchaser's credit.
Reversal of input tax credit based solely on a selling dealer's later retrospective cancellation of registration is not supportable where the purchaser bought from a dealer who was registered at the time of supply, paid tax evidenced by statutory invoices, and obtained assessment orders granting the credit; the statutory reversal mechanism applies from the effective date of cancellation and does not automatically nullify credits lawfully claimed when registration was current. (AI Summary)
Value Added Tax - VAT and CST
Classification of micronutrient mixtures as fertiliser where chemical tests show N,P or K, affecting excise treatment and pre deposit relief.
Micronutrient mixtures that chemical testing shows to contain nitrogen, phosphorus or potassium and that are treated as fertilisers by agricultural licensing should be classified as other fertilisers under the Chapter 31 heading rather than as plant growth regulators; the method of manufacture and whether the product is a separate chemically defined compound are decisive factors for classification and excise treatment. (AI Summary)
Central Excise
Purchase tax on materials from unregistered dealers may apply when used as inputs or disposed otherwise in construction.
Materials bought from unregistered dealers for use in works contracts may be liable to purchase tax where they are used as inputs that are exempt or are disposed of otherwise than by sale or by consumption. The Tribunal remitted one issue for reassessment with directions to state reasons on applicability of disposal rules, and upheld liability on another issue by reference to Supreme Court authority that goods consumed or incorporated into works and removed from marketability become exigible to purchase tax. (AI Summary)
Value Added Tax - VAT and CST
Goods Transport Agency service tax: recipient generally liable under reverse charge; abatement or Cenvat options affect taxable value.
Definition and tax treatment of a Goods Transport Agency require transport by road, provision by a commercial concern and issuance of a serially numbered consignment note with prescribed particulars. Owner drivers and non commercial providers (including certain government or non profit actors) fall outside the levy. A GTA may choose a statutory abatement or claim CENVAT credit; specific exemptions apply for exports and selected goods or low value consignments. Reverse charge provisions make specified freight payers the person liable, and the place of provision is the location of that person. (AI Summary)
Service Tax
Reimbursement of expenses not treated as taxable turnover when genuinely incurred and documented, limiting service-tax valuation to commission.
The High Court ruled that reimbursements of recurring expenses received by a clearing and forwarding agent do not form part of the gross amount of remuneration for valuation purposes unless there is material showing those receipts bear the character of remuneration or commission; genuine agency reimbursements supported by documentary evidence should be excluded from taxable turnover, limiting valuation to commission or remuneration and preventing double taxation. (AI Summary)
Service Tax
Service to self: club members are not clients, so mandap services escape service tax and refunds may follow.
Club-provided mandap services to members are not services "to a client" and thus do not attract mandap-keeper service tax; the unjust enrichment presumption does not apply to such self-supplies. Refund claims based on this principle were entertained, subject to proof regarding whether the tax burden was passed on, and adjudicators may direct deposits to a consumer welfare fund where appropriate. Administrative decisions must record clear reasons when adjudicating unjust enrichment and refund claims. (AI Summary)
Service Tax
Service tax on renting of immovable property now applies to declared services, with specified exemptions and gross-value valuation.
Service tax on the renting of immovable property is treated as a Declared Service under the post July 2012 Negative List regime and is taxable except for specific exemptions (vacant agricultural land, residential units used as residence, government/RBI/educational/religious lettings and similar categories). Residential use for commercial activity and temporary social event lettings are taxable. Valuation is on the gross amount charged, with property tax paid deductible, maintenance charges includible, electricity paid on actual basis excluded, and interest or penalty payments not deductible; excess property tax may be adjusted within one year. (AI Summary)
Service Tax
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TaxTMI 
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13 Sep 2017 
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