Tushar Malik, Corporate Counsel
Senior Partner, Shree Aashkaran Taxation Services LLP
Managing Director, Tushar Malik Corporate Counsel (OPC) Private Limited
About Tushar Malik
Tushar Malik is a distinguished corporate lawyer and tax consultant with over 12 years of extensive experience in corporate laws and litigation. With a strong foundation in both Indirect and Direct Tax Laws, he is recognized as an expert in navigating complex legal and taxation frameworks.
His areas of specialization include:
- Goods and Services Tax (GST)
- Income Tax
- Excise, Service Tax, Customs, and VAT/Sales Tax Laws
- Company Law & other Corporate Matters
Tushar has developed a stellar reputation for his in-depth knowledge and innovative solutions in taxation, particularly in GST-related matters. Following the introduction of the Goods and Services Tax in 2017, he pursued advanced studies and professional training, establishing himself as a thought leader in this domain. In addition to practicing law, Tushar also offers education and training programs on GST compliance and litigation, empowering professionals and businesses with actionable insights.
Professional Journey
Before founding Shree Aashkaran Taxation Services LLP and Tushar Malik Corporate Counsel (OPC) Private Limited, Tushar worked independently, providing bespoke taxation and corporate advisory services to a diverse clientele. Over the years, his practice has grown to include a team of seasoned Chartered Accountants, Company Secretaries, and corporate advocates, ensuring comprehensive solutions for his clients.
Tushars extensive experience in GST litigation has enabled him to master departmental litigation processes, offering unmatched expertise in resolving complex legal disputes. His blend of industrial exposure and professional acumen positions him as a trusted advisor to businesses navigating India’s dynamic taxation landscape.
Showing 1 to 3 of 3 Results
Issue Id: 120605
Our client is a Delhi-based subsidiary of a foreign company. The Indian subsidiary provides IT and support services to its parent company located ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 120333
I provided services to a foreign company (based in Malaysia) for: Opening its Demat account in India, Obtaining its PAN number in India, ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 120175
Dear Members, One of our clients by mistake claimed more ITC in FY 2019–20, but at the same time, he also paid extra tax in GSTR-3B compared ...
Read Full Issue Goods and Services Tax - GST
Showing 1 to 16 of 16 Results
Unbilled revenue recognition can trigger income tax accrual and, when time of supply arises, GST liability applies.
Unbilled Revenue recognised on an accrual basis is recorded as revenue in the profit and loss account and as a current asset on the balance sheet. For income tax purposes it is taxable when earned under the mercantile system, subject to the assessee's accounting method. GST is not automatically payable on recognition; GST liability depends on the time of supply rules-invoice date, payment receipt, or specified completion triggers-and advances trigger immediate GST. (AI Summary)
Goods and Services Tax - GST
Restriction on input tax credit: mandatory minimum cash payment required to limit ITC utilisation and curb fraudulent credit claims.
Restriction on utilisation of Input Tax Credit under Rule 86B requires large registered persons whose monthly taxable supplies excluding exempt and zero rated supplies exceed the threshold to pay a minimum portion of output tax in cash, limiting ITC use to a capped percentage. Exceptions include specified income tax payment history, prior refunds for unutilised ITC or inverted duty structure, cumulative cash payments already made in the year, exempted public entities, and Commissioner discretion to lift the restriction after verification. (AI Summary)
Goods and Services Tax - GST
Detention of goods under GST requires bond or security for provisional release while final tax and penalty may follow.
Section 129 authorises temporary detention of goods and conveyances where GST compliance defects are found; inspection is recorded in MOV-02 and detention in MOV-06. Provisional release under the rules requires furnishing a bond (MOV-08) and security by bank guarantee or cash deposit equal to tax and penalty, permitting use of the goods pending final action. A subsequent MOV-09 may demand tax and an enhanced penalty if evasion is suspected. The assessee may seek provisional release or contest the detention through statutory replies and judicial remedies, and must maintain required transport and tax documents. (AI Summary)
Goods and Services Tax - GST
Reverse charge on legal services shifts GST liability to business recipients when advocates or firms supply taxable legal services.
RCM applies to legal services supplied by an individual advocate (including a senior advocate) or a firm of advocates to a business entity in the taxable territory, making the business recipient liable to pay GST. Legal services include advice, consultancy, assistance and representational services. Exemptions apply for supplies to non-business persons, advocates/advocate firms in certain cases, government entities, and business entities whose preceding-year turnover falls below the GST registration threshold. Non-legal services provided by advocates are subject to forward charge. (AI Summary)
Goods and Services Tax - GST
Waiver of interest and penalties under Section 128A permits closure of specified GST demands upon full tax payment.
Section 128A permits waiver of interest and penalties for specified GST demands tied to tax periods between July 1, 2017 and March 31, 2020 where the full tax is paid by the statutory cutoff and prescribed applications and withdrawals of appeals are submitted; exclusions include erroneous refunds and pending unwithdrawn appeals, and payments may be from electronic cash or credit ledgers except in specified cases. Section 16(5) permits retrospective claiming of Input Tax Credit for supplies in specified financial years where claims were filed by the stated return cutoff, conditioned on valid invoices, receipt of supplies, supplier tax payment, and return filing, with rectification processed by the proper officer and no refund of past payments. (AI Summary)
Goods and Services Tax - GST
GST on cloud kitchen services: e commerce operators must collect and remit tax, affecting compliance and pricing.
Cloud kitchens supplying food are taxed under GST with concessional treatment for retail food supplies without input tax credit and higher rates for catering services; composition scheme retains concessional rates but disallows ITC. E commerce platforms carrying out sales for cloud kitchens bear responsibility for tax collection, invoicing, reporting and remittance, including handling supplies by unregistered vendors and reverse charge or TCS obligations, while separate charges like delivery and packaging may attract distinct tax treatment. (AI Summary)
Goods and Services Tax - GST
Export compliance to Nepal requires designated customs clearance, GST zero-rating or LUT use, and product-specific licensing for exports.
Exporting goods to Nepal requires compliance with bilateral trade arrangements, designated land customs procedures, GST-specific export mechanisms including zero-rating or export under a Letter of Undertaking, and product-specific licensing where applicable. Exporters must hold an Importer Exporter Code, complete GST and corporate registration, engage a Customs House Agent, file electronic customs declarations, present required documents (commercial and Nepal invoices, delivery order, packing list, product certificates), undergo customs examination and sealing, and follow rebate and payment processes until final Nepalese verification and clearance. (AI Summary)
Customs - Import - Export - SEZ
Reverse Charge Mechanism requires registered recipients to self-assess and remit GST on metal scrap from unregistered suppliers.
Reverse Charge Mechanism requires registered recipients procuring metal scrap from unregistered suppliers to self-assess and remit GST; the recipient must pay the applicable tax rate for the scrap directly to the government and may claim Input Tax Credit. The provision applies only when the supplier is unregistered and does not apply to purchases from registered suppliers. (AI Summary)
Goods and Services Tax - GST
TDS on metal scrap requires buyers to deduct tax when transactions cross the statutory threshold, with registration and filing obligations.
Notification No. 25/2024-Central Tax brings supplies of metal scrap under Section 51 GST TDS, requiring registered buyers to deduct tax at source at the prescribed rate when transaction value exceeds the statutory threshold. Buyers must obtain a separate GST TDS registration, deduct and deposit TDS on the taxable value excluding GST, file monthly TDS returns, and issue TDS certificates; deducted amounts are credited to the supplier's cash ledger monthly. The amendment covers metal scrap within Chapters 72-81 and is effective from the notified date. (AI Summary)
Goods and Services Tax - GST
Importer Exporter Code requirement: mandatory compliance enabling exports, customs filing, and access to export incentives.
Exporting from India requires a mandatory Importer Exporter Code (IEC), verification of product permissibility and licences for restricted items, registration with Export Promotion Councils, and appropriate quality certifications. Commercial steps include contracting with clear Incoterms, arranging export finance and insurance, and appointing a forwarding agent. Logistical compliance requires filing a Shipping Bill via ICEGATE, submitting prescribed shipping documents for customs clearance, and post-shipment submission of documents to collect payment. Exporters may claim Duty Drawback, GST refunds and RoDTEP benefits. (AI Summary)
Customs - Import - Export - SEZ
Import compliance ensures licensing, customs clearance, foreign exchange approval and duty payment obligations are met for lawful imports.
Import transactions require securing an Importer Exporter Code, determining import policy restrictions and licenses, arranging financing and bank-mediated Foreign Exchange Approval, and managing shipment and payment security through a Letter of Credit. On arrival, electronic filing of a Bill of Entry via ICEGATE with supporting documents, payment of customs duty and taxes, inspection, and receipt of a delivery order complete customs clearance and enable transportation to the importer's premises. (AI Summary)
Customs - Import - Export - SEZ
Reverse charge mechanism: mandatory GST registration for recipients liable under RCM, regardless of turnover, and compliance obligations.
Reverse charge imposes mandatory GST registration on any recipient liable to pay tax under the reverse charge mechanism irrespective of turnover; this includes notified supplies, imports of services, transactions from unregistered suppliers requiring self invoicing, and supplies involving casual taxable persons and e commerce facilitators. The recipient must pay tax in cash without using Input Tax Credit, and the time of supply for services follows the earliest of payment or recipient's invoice issuance; delays attract interest and penal consequences for non compliance. (AI Summary)
Goods and Services Tax - GST
GST on jewellery applies to total supply including making charges; composite supply treatment allows ITC for inputs and capital goods.
GST on jewellery is levied on the total value of the supply, including materials and making charges; the sale is a composite supply with the principal supply being the metal and making charges treated as job work. The same GST treatment applies to digital gold. Manufacturers and job workers can claim ITC on inputs and capital goods; principals can claim ITC on GST paid to job workers. Compliance obligations include e-way bill rules, time-limited movement-to-job-worker exemptions, and tax treatment of waste and scrap, with registration required when turnover exceeds statutory limits. (AI Summary)
Goods and Services Tax - GST
GST on job work services requires rate application, ITC eligibility, movement documentation and specific filing obligations.
Job work in the jewellery sector is a taxable service with GST charged on the job worker's service value and the principal eligible for input tax credit subject to statutory conditions. Goods may move to job workers without payment of tax if returned within prescribed periods or when the job worker's premises are declared an additional place of business; movements must be accompanied by a delivery challan. Principals must report movements in Form GST ITC-04 per prescribed filing periodicity, and disposal of waste or scrap and transport of high-value metals may attract additional GST and e-way bill requirements. (AI Summary)
Goods and Services Tax - GST
GST on advances requires payment at the applicable rate and issuance of receipt vouchers; refunds need refund vouchers or adjustment.
Service providers must treat payments received before supply as GST on advances, with GST payable at the rate applicable to the service. The time of supply is the earlier of invoice or receipt of payment, requiring issuance of a receipt voucher on receipt of an advance. GST paid on advances is adjustable against the final invoice; excess tax may be refundable, while refunds of advances before supply require a refund voucher and reversal of tax. Input Tax Credit on advances is not available until services are received. (AI Summary)
Goods and Services Tax - GST
E-invoicing requirement for large taxpayers mandates electronic reporting and timely generation; noncompliance can block invoicing and attract interest and penalties.
E-invoicing under GST mandates electronic reporting for B2B supplies by persons above the aggregate turnover threshold, where Aggregate Turnover includes taxable supplies, exports, exempt supplies and inter-state supplies under the same PAN. Covered documents include invoices, credit notes and debit notes for B2B, export, deemed export and supplies to government departments. Specified sectoral exemptions apply. Operational rules set generation and IRP reporting time limits for higher turnover taxpayers, allow 24-hour cancellation or alteration, and provide that non-compliance can block further e-invoicing and attract interest and penalties while requiring reporting in Form GSTR-1. (AI Summary)
Goods and Services Tax - GST
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20 Nov 2025 
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