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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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2964 Replies on 2309 Issues
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Issue Id: 121103
import demonstration equipment and instruments to customer for one year after one year return the same - gst applicibility
Date 05 Sep 2026
Replies 2 Replies
Views 186 Views
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Issue Id: 121102
An assessee challenged an appellate order under GST before the High Court by way of a writ petition because the GSTAT was not constituted at the ... Read Full Issue
Date 03 Sep 2026
Replies 1 Reply
Views 646 Views
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Issue Id: 121101
Under the GST regime, an assessee filed a writ petition before the High Court challenging an order of the Appellate Authority because the GSTAT had ... Read Full Issue
Date 03 Sep 2026
Replies 1 Reply
Views 353 Views
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Issue Id: 121100
M/S Mahavir has Filed GSTR-1 for Qt Ending June 2026 with outward tax liability of 34220+34220 (CGST + SGST) After deducting available ITC the Tax ... Read Full Issue
Date 03 Sep 2026
Replies 1 Reply
Views 582 Views
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Issue Id: 121096
The Registered Taxable Person (RTP) is engaged in making both taxable and exempt supplies. The RTP has availed Input Tax Credit (ITC) on the ... Read Full Issue
Author
Date 31 Aug 2026
Replies 1 Reply
Views 506 Views
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Issue Id: 121094
The financial statements disclose that the company had provided a cross charge/security for borrowings availed by a related party, which continues to ... Read Full Issue
Date 30 Aug 2026
Replies 1 Reply
Views 439 Views
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Issue Id: 121091
Respected Sir, One of my client is a works Contractor dealing in Govt. Civil works only. He has received during F.Y. 2025-26 he has received an ... Read Full Issue
Date 28 Aug 2026
Replies 1 Reply
Views 394 Views
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Issue Id: 121085
A company has two classes of equity shares, one carrying economic rights and the other carrying voting rights. Under a Shareholders' Agreement ... Read Full Issue
Date 24 Aug 2026
Replies 1 Reply
Views 293 Views
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Issue Id: 121083
In an agreement instead of receiving 20% referral invoice which attracts GST @ 18% to the supplier who is engaged in restaurent services being sale ... Read Full Issue
Date 24 Aug 2026
Replies 1 Reply
Views 353 Views
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Issue Id: 121082
Dear Experts, We have applied for registration under the MOOWR Scheme (Manufacture and Other Operations in Warehouse Regulations, 2019) through ... Read Full Issue
Date 24 Aug 2026
Replies 1 Reply
Views 280 Views
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Issue Id: 121081
Dear Experts, We seek your views on the following GST issue: A registered person has availed Input Tax Credit (ITC) on certain vendor invoices. ... Read Full Issue
Date 24 Aug 2026
Replies 1 Reply
Views 277 Views
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Issue Id: 121080
I seek views on an apparent inconsistency between the FTP provisions and the specific Customs NN governing RoDTEP and Duty Drawback for exports to ... Read Full Issue
Date 23 Aug 2026
Replies 1 Reply
Views 484 Views
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Issue Id: 121079
Under Rule 50, if at the time of receipt of advance the nature of supply is not determinable, the supply is deemed to be an inter-State supply and ... Read Full Issue
Date 22 Aug 2026
Replies 1 Reply
Views 538 Views
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Issue Id: 121078
A taxpayer did not comply with Rule 86B during FY 2022-23 and discharged 100% of output tax liability through eligible ITC instead of paying the ... Read Full Issue
Date 21 Aug 2026
Replies 1 Reply
Views 483 Views
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Issue Id: 121077
Query - Supply to SEZ with Payment of IGST I have a query regarding zero-rated supply to an SEZ Unit/Developer with payment of IGST. Suppose a ... Read Full Issue
Date 21 Aug 2026
Replies 1 Reply
Views 516 Views
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Issue Id: 121069
A client (Individual) has income from Bank Fixed Deposits (which is exempt) and renting of commercial property to a registered entity (which is ... Read Full Issue
Date 15 Aug 2026
Replies 1 Reply
Views 580 Views
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Issue Id: 121068
Dear Experts, We have exported a shipment under Free shipping bill in the year 2023. now can we convert the Free shipping bill into Duty Drawback ... Read Full Issue
Date 14 Aug 2026
Replies 1 Reply
Views 524 Views
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Issue Id: 121067
ABC is a specialised oncology hospital and educational institution for certain recognised courses and is affiliated/recognised by university and ... Read Full Issue
Author
Date 14 Aug 2026
Replies 1 Reply
Views 758 Views
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Issue Id: 121066
Respected professionals, one of my clients is an registered composition dealer in GST. He receives payment from Different state thus selling them ... Read Full Issue
Date 13 Aug 2026
Replies 1 Reply
Views 631 Views
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Issue Id: 121065
A unit has exited from an SEZ and, at the time of exit, handed over certain goods/assets to the SEZ Developer. The Developer paid the applicable ... Read Full Issue
Author
Date 12 Aug 2026
Replies 2 Replies
Views 554 Views
Showing 1 to 20 of 45 Results
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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)
Author
Date 06 Apr 2026
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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)
Date 09 Mar 2026
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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)
Author
Date 16 Feb 2026
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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)
Author
Date 23 Jan 2026
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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)
Date 13 Oct 2025
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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)
Author
Date 30 Sep 2025
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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)
Author
Date 14 Aug 2025
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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)
Author
Date 03 Jul 2025
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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)
Author
Date 12 Jun 2025
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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)
Author
Date 26 Mar 2025
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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)
Date 05 Nov 2024
Replies 1 Reply
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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)
Date 26 Sep 2024
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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)
Date 12 Sep 2024
Replies 2 Replies
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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)
Author
Date 01 Aug 2024
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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)
Author
Date 20 Jul 2024
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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)
Author
Date 13 Jul 2024
Replies 1 Reply
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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)
Date 13 Jun 2024
Replies 1 Reply
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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)
Date 15 Mar 2024
Replies 1 Reply
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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)
Author
Date 27 Oct 2023
Replies 2 Replies
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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)
Author
Date 15 Jan 2022
Replies 5 Replies
Shilpi Jain
Organization
Organization

HNA & Co LLP

Connected
Connected

November 2018