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CA. Vinod chaurasia is a practising CA from New Delhi and is registered Insolvency Professional. His areas of interest are GST, RERA, Insolvency and Bankruptcy Code, He can be reached at [email protected]  , Mob. +91 9953587496.

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Showing 1 to 20 of 37 Results
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Ineligibility of wilful defaulters barred from bidding under insolvency law; committee must ensure plan feasibility and viability.
The Ordinance inserts Section 29A rendering certain persons ineligible to be Resolution Applicants-including wilful defaulters, persons with prolonged NPA classifications who have not settled dues, guarantors who stood behind the corporate debtor, and connected persons such as promoters and related parties-and mandates that the Committee of Creditors assess the feasibility and viability of resolution plans, rejecting plans that fail the new eligibility criteria even if submitted before the Ordinance. (AI Summary)
Date 09 Dec 2017
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Time bound insolvency resolution accelerates creditor recovery under the IBC framework, shifting unresolved cases into liquidation consequences.
The Insolvency and Bankruptcy Code, 2016 creates a time bound insolvency resolution process for corporate debtors, permitting initiation by financial and operational creditors and covering diverse claims including vendors, depositors, debenture holders, home buyers and unpaid employee dues; creditor participation is channelled through a Committee of Creditors and registered insolvency professionals, with unresolved matters proceeding to liquidation which reduces distributions to unsecured creditors. (AI Summary)
Date 17 Nov 2017
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GSTR-1A records recipient-made amendments to supplier outward supplies and is presented to suppliers for action during a narrow post-period window.
GSTR-1A is an addendum reflecting recipient-made amendments, modifications or deletions in GSTR-2/4/6; it is auto-generated after the tax period when recipients submit changes on or before the 17th succeeding the tax period and is presented to the supplier to accept or reject during the allowed window, with unacted or submitted items rolling over to the supplier's subsequent GSTR-1 under specified conditions. (AI Summary)
Date 13 Nov 2017
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GST on educational services: core curriculum education exempt, auxiliary and commercial educational services subject to tax.
GST distinguishes exempt core education (curriculum leading to recognised qualifications, pre school through higher secondary, and approved vocational courses) from taxable ancillary or commercial services. Exemptions cover services by educational institutions to students, faculty and staff and hostel lodging/boarding where statutory definitions are met. Non recognised training, commercial supplies, auxiliary services to degree/higher education institutions, placement and campus recruitment services are taxable; supplier pays under forward charge and input tax credit depends on whether outputs are taxable. (AI Summary)
Date 06 Nov 2017
Replies 3 Replies
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Insolvency Resolution Process: creditor approved plans enable time bound corporate restructurings under the Code.
The Code provides a time bound insolvency framework: corporate resolution processes must conclude within a statutory period subject to one creditor approved extension, resolution plans require a super majority creditor vote before adjudicating authority approval, a fast track process exists for smaller companies, and liquidation follows where resolution fails. It establishes an Insolvency and Bankruptcy Board, insolvency professionals, information utilities, adjudicating authorities with appeal routes, a prescribed liquidation priority, treatment of preferential and undervalued transactions, penalties for concealment, and an insolvency fund with contributor withdrawal rules. (AI Summary)
Date 23 Oct 2017
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Time bound insolvency resolution framework centralises institutions and creditor led processes to speed recovery and restructure distressed debt.
The Code establishes a consolidated, time bound insolvency framework by creating the Insolvency and Bankruptcy Board, Insolvency Professional Agencies, registered Insolvency Professionals and Information Utilities to manage and publish financial information; it provides distinct resolution tracks for corporations, individuals and partnerships, mandates interim moratoria, creditor committees, and creditor voting thresholds for binding resolution plans, prescribes liquidation and a statutory order of distribution where plans fail, and vests adjudication in specialized tribunals with penalties for fraudulent conduct. (AI Summary)
Date 18 Oct 2017
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GST rate amendments and compliance changes implemented; composition scheme limits, reverse-charge suspension and filing extensions notified.
CBEC issued forty one notifications implementing 22nd GST Council decisions to amend GST rates and exemptions (including leasing of motor vehicles and handicraft items), revise composition scheme turnover limits and remove implementation difficulties, suspend specified reverse charge provisions for a transitional period, cross empower State officers for refund processing, and grant time limited procedural relief through filing deadline extensions and rule amendments. (AI Summary)
Date 18 Oct 2017
Replies 1 Reply
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Notice to non-filers: GSTR 3A compels immediate filing of overdue returns or risk registration cancellation and penalties.
FORM GSTR 3A, issued under rule 68, is an electronic notice to registered persons for failure to furnish GST returns. Two principal scenarios arise: non-filing of periodic returns-where the taxpayer must file overdue returns with penalty or interest and may regularise registration within fifteen days to avoid cancellation-and post cancellation non filing of the final return GSTR 10, which should be filed within the prescribed three month period or within fifteen days of notice, subject to penalties for non compliance. (AI Summary)
Date 17 Oct 2017
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Creditor-driven insolvency initiation enables admittance, moratorium and IRP appointment leading to committee oversight of resolution plans.
Initiation of CIRP may be by financial, operational or corporate creditors subject to proof of default and prescribed procedural prerequisites; the adjudicating authority must, within a statutory window, admit or reject the application, and on admission declare a moratorium, appoint an interim resolution professional, require public notice and claim submissions, and enable constitution of the committee of creditors which oversees appointment of the resolution professional, consideration of resolution plans and any approved plan's implementation, while failure to complete resolution within the prescribed timeframe leads to liquidation and distribution of proceeds under the statutory priority waterfall. (AI Summary)
Date 11 Oct 2017
Replies 1 Reply
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Export under LUT: registered exporters may export without payment of integrated tax upon furnishing an LUT, subject to specified conditions.
Procedure permits all registered persons to export without payment of integrated tax by furnishing a Letter of Undertaking (LUT), subject to exclusion for prosecuted persons; LUT is valid for the financial year, may be withdrawn for failure to meet time-bound export conditions and restored on payment, may be submitted physically to the jurisdictional Deputy/Assistant Commissioner with acceptable self-declaration, and must be processed as a priority within a prescribed short period. (AI Summary)
Date 06 Oct 2017
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E-way bill generation enables electronic consignment tracking and lawful goods movement when vehicle details are recorded.
Procedure to create an e-way bill requires portal registration authenticated by OTP, logging in, selecting transaction and document types, entering consignee and item details (auto-populated from masters where available), and specifying mode of transport and transporter identification. The system auto-verifies inputs and issues a unique EWB reference (EWB-01) when details are correct. Movement is valid only after vehicle number entry, which triggers a displayed validity period; bills may be printed, cancelled within a limited time, or rejected by the other party. (AI Summary)
Date 05 Oct 2017
Replies 1 Reply
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Change of contact details on GST portal: add new authorized signatory, reassign primary signatory, and verify via DSC or OTP.
The procedure to update a taxpayer's contact details on the GST portal requires selecting the non-core amendment under Registration, adding the new authorized signatory with the intended email and mobile, submitting via the Verification tab, waiting for system processing, then re logging in to deselect the old and designate the newly added signatory as primary authorized signatory, and re submitting. For companies/LLPs DSC is allowed; for EVC submissions an OTP will be sent to the newly added contact details. The user must ensure pre fetched older details are replaced with the desired new contact information before final verification. (AI Summary)
Date 04 Oct 2017
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Place of supply rules govern GST on freight services, determining domestic taxability and reverse charge obligations.
GST on services by Customs House Agents and freight forwarders applies the default eighteen percent except where specific rates apply; ocean freight is taxed at five percent with input tax credit and may be payable on reverse charge for imports from non taxable territories, while certain air freight inbound supplies are non taxable. Place of supply rules determine domestic versus export treatment based on parties' locations and where goods are handed over. Commercial terms (DDP, EXW, CIF, FOB) determine which contractual leg is taxable, with Indian forwarders performing services for overseas agents potentially creating taxable supplies in India and reverse charge obligations. Ancillary origin charges are generally taxable at the general rate, and compliance requires correct invoicing, branch registrations, and use of the pure agent concept to preserve input tax credit. (AI Summary)
Date 03 Oct 2017
Replies 1 Reply
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GST on freight services: place of supply and reverse charge determine taxability and invoicing obligations.
GST on customs house agents and freight forwarders depends on service leg, supplier/recipient location and Incoterms. Ocean and air freight have specific rates and exceptions; ancillary origin charges are generally taxable at the default rate. Place of supply rules under the IGST Act determine IGST vs CGST/SGST; Indian legs are taxable under section 12(8) while foreign legs are governed by section 13(9), with reverse charge applying where the recipient is unregistered. Invoices must reflect reverse charge and branches in other states require separate GST registrations. (AI Summary)
Date 29 Sep 2017
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Pure Agent treatment excludes reimbursed third party costs from taxable value when specified contractual and invoicing conditions are met.
Pure Agent treatment allows a registered supplier to exclude actual third party costs incurred on behalf of a recipient from the supplier's taxable value where the supplier: acts under contractual authorization to pay the third party on the recipient's behalf; does not hold title to or use the procured goods or services for its own interest; receives only the actual amounts; and separately indicates such payments in the invoice, with procured supplies being additional to services supplied on the supplier's own account. (AI Summary)
Date 27 Sep 2017
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Interest on delayed GST payment accrues at prescribed higher rates, with elevated rate for undue input tax claims.
Interest under Section 50 of the CGST Act is payable from the day after the tax due date on outstanding tax, at a standard rate for ordinary late payment and at a higher penal rate where there is an undue or excess claim of input tax credit or undue reduction in output tax liability; interest is computed pro rata for the number of days of default and rounded for payment. (AI Summary)
Date 26 Sep 2017
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Mandatory filing of GSTR-3B: auto-generated GSTR-3 reconciles liabilities and requires modification where shortfalls arise.
Filing of GSTR-3B is mandatory under amended CGST Rule 61(5); GSTR-3 will be auto-generated under rule 61(6) in two parts-Part A from GSTR-1, GSTR-2 and prior liabilities, and Part B from the filed GSTR-3B. Discrepancies between GSTR-3 and GSTR-3B require taxpayers to modify Part B and pay any shortfall; excess input tax credit in GSTR-3 over GSTR-3B will be credited to the electronic credit ledger. Late fees and penal interest apply for non-filing. A request to the Commissioner may be made for revision in cases of erroneous GSTR-3B submission. (AI Summary)
Date 25 Sep 2017
Replies 1 Reply
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GST classification for hotel services creates slabbed rates and varying input tax credit rules across accommodation and ancillary supplies.
GST treatment of hospitality services establishes differentiated tax rates and input tax credit consequences across service categories. Room accommodation is taxed on a slabbed per day tariff with varying GST and ITC availability. Restaurant, catering and bundled venue plus food supplies attract specified GST rates with ITC; alcoholic beverages fall outside GST and require separate invoicing. Ancillary services (cab rental, currency exchange, laundry, telecom, beauty, gym, club) carry distinct rates and ITC positions based on service nature and who bears consumable costs. Place of supply rules locate accommodation and event services at the immovable property; time of supply treats delivered food as taxable on delivery and advances as taxable on receipt. (AI Summary)
Date 25 Sep 2017
Replies 3 Replies
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Reverse charge on director services: recipient company must account for GST and self invoice based on place of supply.
Director services to the company are taxable under the reverse charge mechanism, making the recipient company liable to pay GST regardless of the director's turnover; registration is not required for suppliers who only supply services taxed on reverse charge, but the recipient must register. Place of supply determines IGST versus CGST/SGST and is the location of corporate governance, while the director's supplier location is their usual residence if no establishment exists. The recipient must self invoice per invoicing rules and issue payment vouchers; remuneration subject to payroll tax deduction is excluded from GST treatment, but sitting fees remain within reverse charge coverage. (AI Summary)
Date 11 Sep 2017
Replies 3 Replies
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Correction of GSTR 3B errors via GSTR 1 and GSTR 2 reconciles liabilities and triggers payment or adjustment obligations.
Errors in GSTR 3B must be corrected through subsequent returns: outward supply errors via GSTR 1, inward supply and ITC errors via GSTR 2. After filing GSTR 1 and GSTR 2, GSTR 3 auto populates and, if reconciled with GSTR 3B, may be filed without additional penalties. Misclassification under reverse charge is corrected in GSTR 1/2 so liabilities update; IGST paid instead of CGST/SGST necessitates an IGST refund claim while CGST/SGST is paid in cash; under payments post reconciliation generate additional tax and interest payable from the electronic cash ledger; excess payments may be adjusted against future liabilities. (AI Summary)
Date 09 Sep 2017
Replies 1 Reply
CA.VINOD CHAURASIA
Organization
Organization

VINOD CHAURASIA & ASSOCIATES (CHARTERED ACCOUNTANTS)

Connected
Connected

August 2017