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CA. Shilpi Jain [BCA, FCA] has more than 12 years of experience in the field of Indirect Taxation. She presently heads the Consulting wing as a partner at the Hyderabad branch of H N A & Co LLP (formerly known as Hiregange & Associates LLP). She has advised clients across various sectors including Real Estate, Hospitality, Pharmaceutical, Manufacturing, Healthcare, etc. Apart from the ICAI, she has spoken at various trade forums on GST including TPF, FICCI FLO, JPF, etc. and has also contributed articles on Indirect taxation in the publications of CENTAX, Chambers’ Journal and on online portals. She is active in the GST online discussion forum of Tax Management India.

She has co-authored the book ‘Practical Guide to GST on Automobile Industry’ published by TaxSutra & Bharat Law House and the book on ‘New and Simplified returns under GST’ published by Hiregange Academy, including significant contribution for the booklet ‘Practical Guide on new scheme of taxation for Real Estate under GST’. 

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3013 Replies on 2349 Issues
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Issue Id: 121181
Issue of Share Capital at premium - Implication of section 17(2) and Rule 42 Exempt income Reversal
ABC Ltd Issues Share Capital at Face Value + Premium to the Shareholders. 1. Whether issue of Share Capital will come under the definition of ... Read Full Issue
Goods and Services Tax - GST
Author
Date 24 Oct 2026
Replies 1 Reply
Views 229 Views
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Issue Id: 121180
Urd purchase entry in tally prime
How to record in tally prime if soyabean or any other taxable goods purchase from agriculturist/urd which does not fall under rcm ? Complete ... Read Full Issue
Goods and Services Tax - GST
Author
Date 23 Oct 2026
Replies 1 Reply
Views 204 Views
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Issue Id: 121177
Self invoice mandatory or not gta service
We purchase gta service, transporter given invoice mentioning tax payble under rcm . So query is do we need to issue self invoice or not ? As i ... Read Full Issue
Goods and Services Tax - GST
Author
Date 17 Oct 2026
Replies 1 Reply
Views 375 Views
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Issue Id: 121176
ITC wrongly reversed under Permanent reversal Category
Dear Experts, While filing GSTR-3B for the month of May-2026, our accountant wrongly entered the temporary reversal of ITC[Column 4B(2)] in ... Read Full Issue
Goods and Services Tax - GST
Author
Date 16 Oct 2026
Replies 1 Reply
Views 457 Views
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Issue Id: 121175
Interpretation of
Under Notification No. 11/2017-CT (Rate), most concessional-rate entries provide the condition that ITC on goods/services"has not been ... Read Full Issue
Goods and Services Tax - GST
Author
Date 15 Oct 2026
Replies 1 Reply
Views 549 Views
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Issue Id: 121174
GST invoice break up- Bank charges
I got ITC on checking 2B saw that bank had added ITC for charges deducted by bank for foreign exch remittance on service export. GST has been in ... Read Full Issue
Goods and Services Tax - GST
Author
Date 15 Oct 2026
Replies 1 Reply
Views 469 Views
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Issue Id: 121173
Delivery challan for sales return
While creating delivery challan for sales return do we need not to select gst rate in delivery challan and while creating e way bill too ??
Goods and Services Tax - GST
Author
Date 14 Oct 2026
Replies 1 Reply
Views 624 Views
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Issue Id: 121171
Refund disbursement stuck due to bank validation failure
1) Our Company ABC had a registration in Gujarat and Maharashtra. 2) A litigation was ongoing in Gujarat for which we paid pre-deposit in cash for ... Read Full Issue
Goods and Services Tax - GST
Author
Date 13 Oct 2026
Replies 1 Reply
Views 374 Views
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Issue Id: 121169
ITC claimed in GSTR-3B exceeds GSTR-2B due to supplier's late GSTR-1 filing: how to handle?
A supplier filed his GSTR-1 for [month] after the due date, so the invoice did not appear in my GSTR-2B for that month. I have received the goods and ... Read Full Issue
Goods and Services Tax - GST
Author
Date 12 Oct 2026
Replies 1 Reply
Views 512 Views
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Issue Id: 121166
Non-filing of ITC-03 - does it attract penalty u/s.125
Client with rental income below Rs.50 lakhs had opted for composition scheme. As no ITC was availed against the said supply Form ITC-03 was not ... Read Full Issue
Goods and Services Tax - GST
Author
Date 08 Oct 2026
Replies 1 Reply
Views 848 Views
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Issue Id: 121162
Gst case law required S.16(2)(c) of GST can't be applied Mechanically to Deny ITC: P&H HC issues 14 Guidelines for Dept.
S.16(2)(c) of GST can't be applied Mechanically to Deny ITC: P&H HC issues 14 Guidelines for Dept. Sir Kindly get this case law
Goods and Services Tax - GST
Author
Date 04 Oct 2026
Replies 1 Reply
Views 743 Views
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Issue Id: 121161
Nil Tax Collection at Source on LRS can apply
Respected Sir A private discretionary trust created through a `Will', who will be planned to remit the funds more than Rs.10 L out of its ... Read Full Issue
Income Tax
Author
Date 03 Oct 2026
Replies 1 Reply
Views 229 Views
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Issue Id: 121160
Replenishment against Advance Authorisation
Dear Members, An advance authorisation was obtained during March 2026 to import goods without duty. During April 2026 a notification ... Read Full Issue
Customs - Exim - SEZ
Author
Date 03 Oct 2026
Replies 1 Reply
Views 270 Views
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Issue Id: 121156
Eway bill comparision with purchases and its itc in adt 02 and demand itc diffrence
how can we counter i had written purcahse ewaybill were generated by supplier and not our responsibility and could be due to less than 50000 bills ... Read Full Issue
Goods and Services Tax - GST
Author
Date 02 Oct 2026
Replies 1 Reply
Views 793 Views
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Issue Id: 121154
Refund of Pre Deposit After Partial Favorable Order Comm (A)
We have received favorable order from commissioner (A) for one issue and for another issue no 2 the order is negative. Assess want to file GSTAT ... Read Full Issue
Goods and Services Tax - GST
Author
Date 01 Oct 2026
Replies 1 Reply
Views 615 Views
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Issue Id: 121152
Interest on Refund of Pre-deposit pursuant to Order by Appellate authority in favour
Recently, Appellate authority passed OIA in our favour. At the time of filing Refund application online on GSTN portal when we entered the interest ... Read Full Issue
Goods and Services Tax - GST
Author
Date 30 Sep 2026
Replies 1 Reply
Views 555 Views
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Issue Id: 121149
EDF Form For every exporters goods and services
Hi Manisha, Have you analysed "The FEMA (Export and Import of Goods and Services) Regulations, 2026 vide NN. FEMA 23(R)/2026-RB dated 13 January ... Read Full Issue
Customs - Exim - SEZ
Author
Date 29 Sep 2026
Replies 1 Reply
Views 531 Views
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Issue Id: 121147
RCM on Delhi office rent by a Punjab-registered company
A private limited company is GST registered only in Punjab, where its manufacturing plant is located and all outward supplies are made from ... Read Full Issue
Goods and Services Tax - GST
Author
Date 29 Sep 2026
Replies 1 Reply
Views 425 Views
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Issue Id: 121145
Gst credit note for post sale discount and correction in invoice
Sir Can i issue gst credit note in tally prime under item mode without enetring quantity and rate for post sale discount and correction in invoice ... Read Full Issue
Goods and Services Tax - GST
Author
Date 28 Sep 2026
Replies 1 Reply
Views 490 Views
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Issue Id: 121144
Gst applicability on reimbursement of internet charges by client
Internet Service is registered in individual freelancer name, and the amount of internet charge is reimbursed by the foreign client on monthly basis, ... Read Full Issue
Goods and Services Tax - GST
Author
Date 26 Sep 2026
Replies 1 Reply
Views 817 Views
Showing 1 to 20 of 45 Results
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Acquiring Immovable Property Outside India by Resident Individuals
Foreign property purchase rules under FEMA restrict resident individuals to permitted funds, routes, and ownership structures only.
Resident individuals may acquire immovable property outside India only where expressly permitted under FEMA and the Overseas Investment Rules, including purchase, gift, or inheritance from another resident individual with lawful title, and acquisition from a person resident outside India through inheritance, RFC funds, LRS remittances, joint purchase with a non-resident relative, or foreign income and foreign asset sale proceeds, subject to conditions. The article also identifies impermissible routes such as cash, credit card payments, borrowed funds, deferred payment arrangements, joint purchase with a non-relative non-resident, use of ODI disinvestment proceeds, and gifts from persons resident outside India not specifically permitted. (AI Summary)
FEMA - Foreign Exchange Management
Author
Date 06 Apr 2026
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Exchange Control Risk related to new Income Tax Disclosure Scheme
Foreign assets disclosure scheme requires separate FEMA review for overseas investments, reporting gaps, and funds parked abroad.
Budget 2026 introduced a Foreign Assets Disclosure Scheme for eligible individuals to regularise prior non-disclosure of foreign income and foreign assets, subject to tax and penalty, with immunity under income-tax and black-money laws. The Scheme does not regularise FEMA violations, so taxpayers must separately assess outbound investments, unauthorised funding, reporting obligations, and foreign balances parked abroad. FEMA contraventions may require post-facto remediation through statutory exceptions, Late Submission Fee, or compounding, depending on the nature of the breach. (AI Summary)
FEMA - Foreign Exchange Management
Author
Date 09 Mar 2026
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Amalgamation - GST Cannot Ignore Corporate Death and Consequent Refund Rights
Transfer of unutilised ITC: statutory transfer mechanism bars refund by a transferor after amalgamation.
The statutory scheme governing amalgamation requires transfer of the transferor's entire unutilised ITC to the transferee through FORM GST ITC-02; the scheme does not contemplate encashment of residual ITC by the transferor as an alternative, and once the amalgamation becomes effective the transferor ceases to exist as a separate legal person, precluding post-amalgamation refund claims by the transferor. (AI Summary)
Goods and Services Tax - GST
Author
Date 16 Feb 2026
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Important updates under FEMA for GCCs in India – Export of services and Imports
GCCs in India face stricter FEMA rules: 15 month export realisation, EDF filing for all service exports, and AD oversight.
The 2026 FEMA Export and Import Regulations require export proceeds to be realised within 15 months, mandate EDF declarations for all service exports, and expand the monitoring and compliance responsibilities of Authorised Dealers, including routing of advances through the same AD, AD discretion on third party payments, set off rules across goods and services, SBLC or guarantee requirements for advance imports, and AD published SOPs governing transaction handling and reporting. (AI Summary)
FEMA - Foreign Exchange Management
Author
Date 23 Jan 2026
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Credit eligibility under GST w.r.t pre-fabricated buildings/structures
Input tax credit eligibility for prefabricated buildings hinges on whether the structure is immovable or plant and machinery.
ITC eligibility for GST on prefabricated buildings depends on whether a PEB is treated as immovable property or as plant and machinery. The AAR treated installation and erection of a PEB as creating immovable property, blocking ITC under the statutory bar for works contracts and construction-related inputs, while taxpayers may rely on HSN classification, movability indicia, engineer certifications and contractual terms to support ITC claims and consider administrative alternatives such as claiming under protest or seeking refunds. (AI Summary)
Goods and Services Tax - GST
Author
Date 13 Oct 2025
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Taxability of sharing of costs or reimbursements between related/distinct persons – Drawing Parallels Between Income-tax and GST
Reimbursement of expenses not taxable where no service exists; GST requires an identifiable supply beyond cost-sharing.
Pure cost-to-cost recoveries supported by third-party invoices and without any markup do not constitute taxable receipts because no service is rendered by the recipient. Under GST, taxability requires a supply-the presence of a service or good; mere inter-entity cost-sharing where a paying entity acts as a pass-through for third-party services should not attract GST if invoices match amounts and no profit element exists. Contracts and documentation should therefore establish the absence of a service element to resist tax claims. (AI Summary)
Goods and Services Tax - GST
Author
Date 30 Sep 2025
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ITC eligibility w.r.t. electricity used at residential township/colony and reversal w.r.t. duty credit scrips
Input Tax Credit entitlement: ITC reversed for township electricity; Duty Credit Scrip exclusion applies only from the amendment date.
The court treated electricity supplied to an employee township as a welfare activity incidental to business, not part of manufacturing, and held that ITC on coal attributable to township consumption must be reversed under Rule 42. The court also held that the amendment excluding Duty Credit Scrips from the exempt supply base is substantive and prospective, so its benefit applies only from the amendment's operative date and not to prior periods. (AI Summary)
Goods and Services Tax - GST
Author
Date 14 Aug 2025
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EVALUATION CRITERIA FOR EXPORT BENEFITS UNDER CUSTOMS AND FOREIGN TRADE POLICY
Duty remission options shape exporter cash flow and compliance through refunds, exemptions and convertible scrip mechanisms.
Selection among export incentive mechanisms requires balancing working capital effects, the nature of reimbursed charges, eligibility conditions and compliance burdens. GST refunds address input tax but cause working capital blockage and do not refund import duties; duty drawback reimburses embedded customs duty via AIR or brand rates. RoDTEP refunds local duties and levies not otherwise recredited, is claimed at shipping bill filing and converts to scrips usable against basic customs duty. Exemption schemes (Advance Authorisation, EPCG, EOU) and MOOWR defer or exempt duties subject to export obligations, validity periods and procedural conditions. (AI Summary)
Customs - Import - Export - SEZ
Author
Date 03 Jul 2025
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Common mistakes while filing RoDTEP Annual Return
RoDTEP ARR: file when claims exceed Rs.1 crore; report only taxes tied to exported products and keep documented estimates.
RoDTEP Annual Return is mandatory where an IEC's RoDTEP claims exceed Rs. 1 crore, with separate returns for DTA and AA/EOU/SEZ and per 8 digit HS code filing where individual claims exceed Rs. 50 lakh. Only duties and taxes attributable to exports for which RoDTEP is claimed are includible. Key reportable items include VAT/excise on inbound/outbound transport, fuel for captive power, electricity duty for production/warehousing, stamp duty, and embedded GST from unregistered dealers directly linked to the exported product. Estimates must be reasonable, documented and defensible as authorities may require refund or surrender if bases are unsupported. (AI Summary)
Customs - Import - Export - SEZ
Author
Date 12 Jun 2025
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SCOMET GAER – ONLY FOR RELATED PARTIES AND TRUSTED ENTITIES!!
Restriction on re-export of SCOMET items limits exports to related entities and repair supply chain under GAER.
GAER now permits re-export of repaired SCOMET items from India only to related entities or entities within the repair supply chain; re-exports to unrelated original senders require specific authorisation under paragraph 10.12(C). Conditions include import for repair under contract/MSA, no change in item characteristics, single-party and single-item GAER valid for one year, initial submission of bill of entry and foreign export authorisation (or exemption evidence), and post-export reporting for subsequent shipments. Mandatory compliance measures include an Internal Compliance Programme for intra-company transfers and AEO certification plus ICP for repair supply chain recipients. (AI Summary)
Customs - Import - Export - SEZ
Author
Date 26 Mar 2025
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Tax deduction at source(TDS) under GST - Inter State supply
Tax deduction at source under GST applies to inter-state supplies where supplier location and place of supply differ from recipient.
Section 51 mandates TDS by certain recipients, but a proviso exempts deduction when the supplier's location and place of supply are in the same State or Union territory that differs from the recipient's registration State. Applying that rule, TDS is required except where the supplier charges intrastate tax (CGST and SGST) of a State other than the recipient's registration State. TDS credited to the supplier's cash ledger can be used against liabilities or refunded under the Act. (AI Summary)
Goods and Services Tax - GST
Author
Date 05 Nov 2024
Replies 1 Reply
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Invoice Management System – New Compliance – Part 1
Invoice Management System enables pre filing invoice actions, altering GSTR 2B composition and increasing reconciliation obligations for taxpayers.
The Invoice Management System (IMS) allows recipients to take "accept", "pending" or "reject" actions on supplier invoices, debit notes and credit notes before supplier filing. Entries are frozen once suppliers file GSTR 1; a recomputed GSTR 2B will include only accepted and no action items, excluding rejected and pending records. Taxpayers can alter IMS entries until filing their GSTR 3B, but supplier amendments prior to filing reset IMS entries, requiring renewed recipient action. (AI Summary)
Goods and Services Tax - GST
Author
Date 26 Sep 2024
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Introduction of RCM liability/ITC statement
RCM reconciliation: disclose opening balance for mismatches between RCM tax paid and ITC claimed to enable future credit adjustments.
Taxpayers must declare an opening balance in the RCM Liability/ITC Statement when there is a mismatch between RCM tax paid and ITC claimed in GSTR 3B: disclose a positive opening balance where RCM paid exceeds ITC claimed (and was not reversed), and disclose a negative opening balance where ITC claimed exceeds RCM paid. No disclosure is required when there is no mismatch, when lower ITC reflects ineligible credit, or when short availments were already recorded as temporary reversals intended for future reclaim. (AI Summary)
Goods and Services Tax - GST
Author
Date 12 Sep 2024
Replies 2 Replies
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Way forward for the Clubs/associations - Amounts collected from members
Taxation of member contributions: only contributions for supply are taxable and refunds may be available for prior payments.
The Kerala High Court upheld the GST amendment but limited its operation prospectively from 01-01-2022 and confined taxability to contributions made for supply of goods or services. Consequently, clubs and associations can claim refunds for GST paid on member contributions prior to 01-01-2022 and for post-2022 contributions that were not for supply. Where tax was not separately collected, unjust enrichment will not ordinarily bar refunds. Clubs may remit tax with interest where liable, and consider paying under protest while seeking higher forum review and administrative relief. (AI Summary)
Goods and Services Tax - GST
Author
Date 01 Aug 2024
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Ownership and bearing of cost - whether relevant for availing ITC under GST?
Input tax credit entitlement depends on legal liability to bear costs under GST, not ownership of goods.
Entitlement to input tax credit under GST depends on who is legally liable to bear the expense and whether the recipient holds the invoice and corresponding input entries; ownership of the goods is not determinative. Where reimbursement is partial, credit is allowed only to the extent of cost borne by the claimant. Recoveries after incurring the cost do not automatically disqualify initial ITC if documentary evidence and return entries support the claim; agreements and accounting should reflect initial liability and subsequent recoveries. (AI Summary)
Goods and Services Tax - GST
Author
Date 20 Jul 2024
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No GST liability on any portion of income – ITC reversal not required in all cases
Input tax credit reversal: statutory value deductions do not trigger reversal when taxable value is reduced, not exempted.
Supplies subject to statutory value reductions for computing taxable value (such as life insurance premium valuation adjustments and pure agent reimbursements) are taxable supplies with reduced taxable value; the excluded portion is not an exempt or non-taxable supply and therefore does not require reversal of input tax credit. A tax administration circular confirms that these value deductions are not nil rated, wholly exempt, or non-taxable, so no credit reversal is needed for the deducted portion, though blocked credits and wholly exempt receipts remain ineligible for credit. (AI Summary)
Goods and Services Tax - GST
Author
Date 13 Jul 2024
Replies 1 Reply
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Requirement of GST Registration for landowners in respect of Land given on Development
GST registration for landowners may be required when aggregate taxable supplies exceed threshold; pre-completion sales trigger liability.
Development agreements create separate supplies: developer services and landowner development rights; each supply attracts independent GST analysis. Sales or leases by the landowner, particularly sales before the Completion date and commercial leases, are taxable and may require GST registration if aggregate turnover exceeds the statutory threshold. Where taxable activity exists, registration enables claiming input tax credit on GST charged by the developer; alternatively an agent-sale arrangement with the developer taking separate registration can be used to discharge and account for GST on the landowner's units. (AI Summary)
Goods and Services Tax - GST
Author
Date 13 Jun 2024
Replies 1 Reply
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Choosing RCM or FCM on GST portal – GTA taxpayers
Choice of charge mechanism on GST portal: GTA may elect forward or reverse charge, altering tax liability and ITC entitlement.
GTAs may elect forward or reverse charge on the GST portal by filing specified annexure forms; the chosen option holds for the financial year and can be changed for the next year only by timely filing the relevant annexure. Forward charge permits the GTA to charge differing tax rates and, if electing the higher rate, to claim input tax credit; reverse charge makes the recipient liable to pay tax and the GTA ineligible for ITC. Failure to file within the prescribed window results in continuation of the existing mechanism. (AI Summary)
Goods and Services Tax - GST
Author
Date 15 Mar 2024
Replies 1 Reply
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GST Portal Changes – Electronic Credit Reversal and Re-claimed Statement
Electronic credit reversal statement: portal disclosure reconciles future ITC re claims against past reversals to flag exceptions.
The article explains the Electronic Credit Reversal and Re claimed Statement on the GST portal: taxpayers should disclose opening balances of ITC that appeared in GSTR 2B but were not availed in the corresponding GSTR 3B and which are realistically re claimable. Monthly filers must cumulate reversals up to the July reporting period and quarterly filers up to April-June. The portal uses the disclosure to reconcile future re claims in GSTR 3B table 4D(1) against past reversals and may flag exceptions; disclosure does not replace statutory substantiation and the department may still verify eligibility. (AI Summary)
Goods and Services Tax - GST
Author
Date 27 Oct 2023
Replies 2 Replies
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Is Reversal of Credit Required for Non-payment within 180 days?
Input tax credit reversal applies where payment exceeds the prescribed period, prompting addition to output tax liability and interest.
The article explains that when input tax credit is availed but payment to the supplier is not made within the prescribed period, the recipient must reverse the ITC by adding an equal amount to output tax liability and pay interest from the date of availing the credit until reversal. The rules require disclosure and addition in a specified return and month, but practical compliance is impeded because that return was not implemented on the portal; alternative disclosures may be made but do not strictly follow the prescribed procedure. (AI Summary)
Goods and Services Tax - GST
Author
Date 15 Jan 2022
Replies 5 Replies
Shilpi Jain
╳
Organization
Organization

HNA & Co LLP

Email
Email

[email protected]

Connected
Connected

November 2018