Mr. Monarch is working as indirect tax partner in FairLaw Consultancy and also as an associate of Mr. S. S. Gupta (CA). He has over a decade of rich experience in Indirect Tax practice especially Service Tax and Excise. He has worked with the legends of the industry and handled numerous clients with varieties of different issues on service tax and Excise. He has argued all across the country’s tribunal and High courts and secured landmark judgments in his favour. These judgments have very positive and beneficial impact on concerned industry. Mr. Monarch is working on GST since 2009, the time when first white paper on GST was issued in the public domain. He has acquainted himself with the GST laws of many other countries such as Australia, and Canada in addition to Model GST laws of India. Mr. Monarch has delivered many lectures on GST and service tax. His articles on GST and service tax regularly appears on online portals and on print media such as Taxmann, Taxindiaonline.com, Taxmangementindia.com, Sales Tax Review, etc. Every year he contributes his views on pre and post budget analysis.
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Place of supply rules determine IGST or CGST and SGST for immovable property services: inter state supplies draw IGST, local supplies CGST and SGST.
Place of supply for services connected to immovable property is the location of that property; such services (including banquet and accommodation related services and ancillary services) supplied where the property is located attract CGST and SGST if within the same State. If supplied for a property in another State, the place of supply is that property's location and the supply is inter state, attracting IGST. Where IGST is wrongly charged for an in State immovable service, the supplier should issue a credit note for IGST and a debit note to recover CGST and SGST. (AI Summary)
Goods and Services Tax - GST
Reverse charge on legal services requires the recipient to pay GST and report the liability when time of supply arises.
Reverse charge applies to legal services where the recipient is a litigant/applicant/petitioner; business entities above the small turnover threshold must pay GST as recipients. Time of supply for unpaid invoices is the sixty first day from invoice date; tax becomes payable when that time of supply arises and must be shown under reverse charge in the GST return, with interest on unpaid tax computed from the statutory return due date until payment. Services from a senior advocate to an advocate/firm are outside the reverse charge recipient definition and thus not chargeable to reverse charge when received by the advocate. (AI Summary)
Goods and Services Tax - GST
Composition levy and input tax credit timing: new rules tighten credit reversal and define supply exclusions under GST.
The bill permits later inclusion of specified petroleum products under CGST, revises the composition levy into distinct bands, and relocates the related persons explanation into valuation. Schedule amendments exempt employer gifts below a set threshold, treat unincorporated associations' supplies to members as goods but exclude member services, and remove actionable claims (excluding betting/lottery/gambling) from taxable supply. Input tax credit retention requires payment including tax within a prescribed period, with reversed credit restorable upon subsequent payment. An anti profiteering authority is provided for enforcement. (AI Summary)
Goods and Services Tax - GST
Card transaction exemption removes service tax on acquiring bank settlement charges for small-value card payments, easing merchant tax burden.
The notification exempts services by an acquiring bank in relation to settlement of a single card transaction up to the specified small-transaction threshold, provided payment is made by credit, debit, charge or other payment card. The exemption removes service tax on the merchant service charge retained by the acquirer for qualifying transactions, does not change the amount paid by the cardholder unless merchants lower prices, and does not automatically exempt other taxable services paid by card. (AI Summary)
Service Tax
GST rate structure introduces multiple slabs including a zero-rated band enabling input tax credit and refunds.
GST will impose a multi-slab tax regime including a zero-rated band that allows claimable input tax credit and refund; goods and services will be allocated to slabs based on Harmonized System of Nomenclature, with common goods in lower slabs, luxury items and specified products subject to higher slabs plus additional cesses, and services harmonised under the GST framework pending final legislative schedules and administrative procedures. (AI Summary)
Goods and Services Tax - GST
GST constitutional amendment mandates central compensation for state revenue loss, removes additional origin levy, and empowers GST Council dispute resolution.
The constitutional amendment mandates central compensation to states for GST-related revenue loss by replacing permissive wording with a mandatory parliamentary duty, removes the additional origin-based levy previously proposed, leaves no constitutional cap on GST rates so rates will be set through GST Council recommendations and implementing GST statutes, and assigns the GST Council a central role in recommending rates and adjudicating intergovernmental disputes while leaving adjudication of small assessees and other operational details to Council recommendations and subsequent subordinate legislation. (AI Summary)
Goods and Services Tax - GST
Krishi Kalyan Cess non levy confirmed for services and invoices issued before levy, with limited exceptions.
An exemption notification clarifies that Krishi Kalyan Cess (KKC) is not leviable where the service was rendered and the invoice issued prior to the levy; the article applies Point of Taxation rules to various provider and reverse charge recipient scenarios, explains that POT determined by invoice issuance, receipt of advances, debit in books or service completion governs KKC chargeability, highlights residual ambiguities (late invoicing after advance receipt and payments after invoice issuance), and notes operational measures like supplementary invoicing and input credit eligibility. (AI Summary)
Service Tax
Service tax amendments expand liabilities, introduce dispute resolution scheme and restore targeted exemptions, altering compliance and refunds.
Amendments effective 14 May 2016 change service tax compliance and substantive scope: differentiated interest for collected-but-unremitted tax, an Indirect Tax Dispute Resolution Scheme for closing appeal cases with payment and limited penalty, mandatory annual returns with prescribed deadlines and capped late penalties, taxation of lottery distribution and spectrum assignment transfers, extended limitation for non-fraud recoveries, retrospective refunds and restored exemptions for specified public works and airports/ports contracts, migration of certain educational services into an exemption notification, and tightened procedural enforcement including revised rule-making, complaint thresholds, arrest conditions, rebate powers and penalty closure provisions. (AI Summary)
Service Tax
Levy vs collection: collection rules cannot create tax liability where no levy attached at the service chargeability point.
The author argues that levy and collection are distinct: levy depends on the charging provision that makes a service chargeable on rendition or agreed provision (including advances), while the Point of Taxation Rules only determine the administrative point for collection; therefore SBC may not be collected where it was not leviable at the trigger moment of chargeability. (AI Summary)
Service Tax
Swachh Bharat Cess: new 0.5% levy on the value of taxable services; exemptions, no input credit, POT rules apply.
Finance Act, 2015 introduced the Swachh Bharat Cess, levied from 15 November 2015 at 0.5% on the value of taxable services, applied to all taxable services subject to existing service-tax exemptions and abatements. The levy is on service value (not on service tax); CENVAT credit is not available. Point of Taxation Rules govern chargeability for advances, invoices, completion and reverse-charge payments. Administrative clarifications were needed for foreign-currency-exchange slab valuation and the accounting code for SBC. (AI Summary)
Service Tax
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08 Aug 2017 
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