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4 Replies on 3 Issues
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Issue Id: 116876
Sir. For the financial year 2018-2019 assessee failed to file GSTR 3B returns bur he has filed GSTR-1 and he has now filed GSTR-3B for all the ... Read Full Issue
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Date 27 Nov 2020
Replies 1 Reply
Views 7954 Views
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Issue Id: 116815
Sir,My client is in the business of running a Commercial Training and Coaching centre in Kerala for students enrolled for chartered Accountancy ... Read Full Issue
Date 28 Oct 2020
Replies 2 Replies
Views 5813 Views
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Issue Id: 116488
Dear Experts, We had paid GST as per RCM for F.Y.17-18 while filling annual return GSTR-9 through DRC-03. My first question is that ,I want to ... Read Full Issue
Date 16 Jun 2020
Replies 1 Reply
Views 14831 Views
Showing 1 to 5 of 5 Results
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Anti profiteering obligations require tax reductions and input tax credit benefits be reflected in consumer prices, limiting allowable offsets.
Section 171 requires pass through of tax rate reductions and ITC benefits to recipients; DGAP computes profiteered amounts by comparing pre and post GST ITC to turnover ratios and recalibrating base prices, a method criticized for ignoring increased costs and compliance expenses. NAPA rulings disallow deduction of ordinary business costs from profiteering calculations and prohibit adjusting excess benefit to some buyers against shortfall to others, treating the obligation as applying to each supply. (AI Summary)
Date 04 Jan 2021
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Exempt supply in composite supply: treat exempt elements separately to preserve exemption and avoid unintended taxation.
Exempt supplies should not be absorbed into the tax net merely because they accompany taxable supplies as part of a composite supply; the composite-supply concept aims to simplify classification of integrated taxable elements, not to undermine exemptions. Conflicting advance rulings-one extending exemption from an exempt principal to ancillary supplies, another rejecting composite treatment where an element is exempt-demonstrate the need for clear administrative guidance to preserve exemptions and avoid undue taxation and litigation. (AI Summary)
Date 05 Nov 2020
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GST refund procedures: claimants must meet prescribed eligibility, documentation and validation requirements to secure input tax or IGST refunds.
Refunds under the GST regime are governed by Section 54 and related rules, distinguishing claims for zero-rated supplies, exports with tax payment, SEZ supplies, and unutilized input tax credit. Eligibility and computation follow prescribed formulas and forms, require validation of shipping and invoice data with customs EDI, and exclude certain items like duty drawback and, under rules, ITC on capital goods. Practical issues include invoice mismatches, differing high-court rulings on input services credit, and departmental recovery for erroneous refunds. (AI Summary)
Date 27 Oct 2020
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Input tax credit restriction on missing supplier invoices applied cumulatively, changing how returns must adjust deferred credits.
Administrative GST rules make buyers accountable for suppliers' missing invoice uploads by limiting input tax credit claimable for invoices not appearing in Form GSTR 2A. The rule caps the credit available for such missing invoices and requires monthly reconciliation between books and GSTR 2A, maintaining records of deferred credit. A temporary relaxation permitted applying the restriction cumulatively over multiple tax periods, with the cumulative adjustment effected when filing the subsequent month's return, illustrated by a numerical example. (AI Summary)
Date 12 Oct 2020
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Tax collection at source on specified high-value receipts requires sellers above turnover threshold to collect advance tax from buyers.
Section 206C(1H) requires sellers whose prior-year turnover exceeds the statutory threshold to collect TCS from a buyer when aggregate receipts from that buyer in the previous year exceed the receipt threshold; collection is triggered by receipt of sale consideration on or after the statutory commencement date, excludes certain categories and transactions, and allows modified collection where buyer fails to furnish PAN/Aadhaar. Administrative guidance clarifies aggregation from the start of the previous year, exclusion of specified exchange-traded transactions, interplay with other subsections for specified goods, and that TCS is an advance tax credit for the buyer. (AI Summary)
Date 08 Oct 2020
Replies 4 Replies
Chandani Nawalkha
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October 2020