Venkataprasad Pasupuleti
Arguing Counsel for Taxation, Corporate and Commercial disputes
Contact Info
A law graduate from Osmania University and Practicing Advocate at High court. He is also Chartered Accountant and was a Partner in Hiregange & Associates LLP before starting of advocate practice. He has cleared ‘Certificate course on IBC’ conducted by ICAI.
He practices in litigation and consultation in various fields of law like Indirect and Direct Taxation, Constitutional Law, Companies law, Alternative Dispute Resolution (ADR), Banking and Securitization Laws, Economic offences, Consumer Laws, and General Corporate & Commercial Laws. He has litigation experience of over 14 years and has various numbers of reported Judgments to his credit.
He regularly appears before High court of Andhra Pradesh and Telangana, CESTAT and various authorities and represented 1300+ clients before various forums.
He is regular speaker at ICAI, NACIN, FIEO and various other trade & professional forums for more than 150+ sessions.
He is an active contributor of articles in ICAI Hyderabad monthly newsletter, GST law times, Taxguru, TMI, Caclubindia, and other professional forums. He has written 100+ articles.
He authorised a book on ‘GST Judicial precedents’ published by ‘Taxsutra’ and been part of various books written on indirect taxes.
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Showing 1 to 20 of 27 Results
Assignment of tax dues to private parties changes creditor status and CoC voting rights in insolvency proceedings.
The Tribunal treated tax amounts admitted in CIRP as crystallised debt under the IBC and held that, absent a statutory prohibition, such debts are assignable; an assignee of a valid assignment steps into the assignor's position and may be recognised as an operational creditor, entitled to participation and voting in the Committee of Creditors, with CoC decisions taken with such participation remaining valid. (AI Summary)
Corporate Laws / IBC / SEBI
Intermediary services rule change may restore zero-rating for services supplied to foreign recipients paid in foreign exchange.
The GST Council recommended removing the specific intermediary provision so that general place-of-supply rules determine export status, restoring zero-rating for services supplied to foreign recipients with payment in convertible foreign exchange; legislative amendment to the IGST Act is required and the retrospective versus prospective application remains a crucial unresolved question. (AI Summary)
Goods and Services Tax - GST
Royalty as contractual consideration may preclude GST or service tax on mineral rights under constitutional distribution
Royalty is a contractual consideration payable by a lessee for enjoyment of mineral rights, not a tax; State legislatures retain exclusive power to tax mineral rights under Entry 50 of List II, and such taxation may include aspects of extraction and dispatch but must not assume the character of excise or a tax on sale. (AI Summary)
Goods and Services Tax - GST
Invoice matching for input tax credit now required, altering claimability and prompting focused legal challenge and calls for safeguards.
Invoice matching has been advanced as a condition for claiming Input Tax Credit, shifting from a returns-driven statutory match to a rule-based cap and a recent amendment making supplier furnishing of outward-supply details a formal eligibility requirement; this raises ultra vires, practical impossibility, and equality concerns, and the article urges limiting denial to non bonafide transactions while ensuring recovery action against defaulting suppliers and mechanisms to recredit recipients when suppliers subsequently pay. (AI Summary)
Goods and Services Tax - GST
Debit note timing rule: amendment lets recipients claim input tax credit based on the debit note date, easing late corrections.
The Finance Act, 2020 amended Section 16(4) to delink the ITC time limit from the original invoice date and treat the date of issuance of the debit note as the relevant cut off for claiming input tax credit on additional tax charged through debit notes, thereby allowing recipients to claim ITC where suppliers raise debit notes for past under charging, including cases of rate errors, disputed exemptions, undervaluation, and contractual price revisions. (AI Summary)
Goods and Services Tax - GST
Interest on Net Tax Liability: amendment limits interest to net cash liability; past recoveries addressed by official assurance.
The central legal point is whether interest for delayed GST remittance is payable on the net tax liability after input tax credit adjustment or on gross output tax. Conflicting high court rulings and administrative actions produced uncertainty. The Finance Act amended the law to restrict interest to the net liability with effect from a specified date, leaving pre amendment periods unsettled. The revenue issued assurances against past recoveries; affected taxpayers are advised to quote that assurance in proceedings, inform courts, or seek refunds where payments were made. (AI Summary)
Goods and Services Tax - GST
Input tax credit refund: allowance for input services ITC in inverted duty cases expands refundable ITC scope.
The statute provides refund of unutilized input tax credit under an inverted duty structure for all ITC categories including inputs, input services and capital goods; an implementing rule limits refund to inputs only. A High Court read down that rule to permit refund of input services ITC as being inconsistent with the statute, and the court's reasoning may be extended to capital goods and to analogous refunds for zero-rated supplies under LUT. Taxpayers are advised to include all ITC when claiming refunds and to pursue amendments or appeals where administrative practice excludes service or capital goods credits. (AI Summary)
Goods and Services Tax - GST
Late fee waiver and interest concessions tied to preceding-year turnover; timely filing required to avail relief measures.
Relief measures for GST returns Feb-Aug 2020 are limited to late fee waiver and interest concessions, not general due date extensions. Eligibility depends on PAN wide aggregate turnover in the preceding year (different base years for Feb-Mar and Apr onward), state group classification, and actual filing of returns (mere tax deposit insufficient). Notifications set specific waiver periods, concessional interest windows, form specific treatment, and a nil late fee for nil returns. (AI Summary)
Goods and Services Tax - GST
Transitional Input Tax Credit rights preserved despite retrospective amendment; litigation avenues remain for missed Tran form filings.
The note examines the conflict between the taxpayer's right to carry forward pre GST input tax credits and the rule based filing requirement for Form Tran 1, noting High Court authority treating accrued transitional credit as a vested right and construing portal difficulties broadly. It explains that a retrospective amendment validated rule making power to prescribe time limits but did not, in the authors' view, displace the substantive rationales of the High Court decisions. Taxpayers are advised to seek nodal officer portal enablement and, if refused, file writ petitions. (AI Summary)
Goods and Services Tax - GST
Restriction of ITC refunds to invoices reflected in GSTR 2A challenged as inconsistent with matching rules and statutory rights.
CBIC Circular No. 135 restricts refunds of accumulated Input Tax Credit to amounts supported by invoices reflected in FORM GSTR-2A, modifying earlier guidance after a Rule 36 amendment. The author argues this restriction conflicts with Rule 36's consolidated matching method and its additional allowable percentage, that circulars cannot impose statutory limitations, and that the circular is being inappropriately applied to periods before the amendment, causing hardship to exporters. (AI Summary)
Goods and Services Tax - GST
Validity of GST notices: verify jurisdiction, service, and officer's power before responding to avoid procedural waiver.
Taxpayers must verify jurisdiction, the issuing officer's delegated powers, and proper service before replying to GST notices; ensure notices state specific contraventions and relied documents, quote DIN for central communications where applicable, and comply with service modes under Section 169. Preserve postal acknowledgements and official e mails, expressly reserve rights when replying to avoid waiver under Section 160(2), and check officers' monetary competence per departmental circulars. Present complete facts early, document all exchanges, and engage professionals where complexity or high stakes exist. (AI Summary)
Goods and Services Tax - GST
Refund of input tax credit on capital goods may be claimable as statute entitles zero-rated suppliers despite rule exclusion.
Statutory provisions entitle zero-rated suppliers to refund of unutilised input tax credit inclusive of inputs, input services and capital goods, but the procedural formula in the rules defines Net ITC to exclude capital goods, creating a conflict whereby the rule restricts refunds that the statute appears to permit; such subordinate rule(s) risk being ultra vires and susceptible to challenge, with adverse competitiveness consequences for exporters. (AI Summary)
Goods and Services Tax - GST
Refund option for exporters restored where IGST was paid but only basic customs duty was exempted, permitting IGST refund choice.
A retrospective amendment to Rule 96(10) provides that notifications granting exemptions are not treated as availed where the registered person has paid Integrated Goods and Services Tax and has availed only Basic Customs Duty exemption. Consequently, exporters who paid IGST but only availed BCD exemption may claim refund of IGST on exports, while those who availed both BCD and IGST exemptions must repay IGST with interest to switch to the IGST-refund option; otherwise they remain on the LUT/ITC route. (AI Summary)
Goods and Services Tax - GST
Interest on net tax liability - proposed clarification limits interest to tax payable after input credit, affecting notices and refunds.
The article addresses whether GST interest on delayed remittance is payable on the gross tax liability or only on the net tax liability after adjusting Input Tax Credit, noting administrative demands on gross tax, taxpayer challenges, and uncertainty about whether a proposed amendment clarifying interest applies retrospectively. It recommends that recipients of notices invoke the amendment to seek withdrawal, pending litigants rely on it to obtain relief, and payers or those from whom revenue recovered amounts seek refunds once a refund mechanism is prescribed. (AI Summary)
Goods and Services Tax - GST
Notice period recovery GST liability: recoveries generally not treated as a taxable supply under current interpretive reasoning.
Notice period recoveries arise when employees do not serve contractual notice and Revenue has treated employer acceptance of compensation as a taxable supply relying on the "toleration"/declared service entry. Recent decisions held such recoveries are not taxable-finding the employer does not render a service and that recoveries are tied to salary- and the Schedule II classification approach under GST supports applying that rationale. Recommended responses include contesting demands, seeking Unjust Enrichment-compliant refunds when tax was paid, or paying under protest pending refund claims. (AI Summary)
Goods and Services Tax - GST
Natural justice requires show-cause notice before direct recovery of GST interest, barring coercive bank attachments by authorities.
Direct recovery of GST interest without issuance of a show-cause notice and an opportunity for a personal hearing conflicts with the principle of natural justice. Judicial authorities have held that determination of interest liability and ensuing coercive recoveries require prior adjudicatory notice; bypassing that procedure-often justified by revenue as recovery under administrative provisions-has been quashed where no notice or hearing occurred. The procedural entitlement extends to disputes over gross versus net interest computation and to bank attachments effected without prior adjudication. (AI Summary)
Goods and Services Tax - GST
Transitional input tax credit preservation upheld despite portal failures; remedial filing and judicial relief available for missed TRAN 1 claims.
Section 140 and Rule 117 permit carry forward of unutilized pre GST input tax credit contingent on filing Form GST TRAN 1; due to technical failures in the electronic filing system the Government allowed an extended remedial window on production of digital evidence and application to the IT redressal nodal officer, while High Courts have held that the right to transitional credit is substantive and procedural time limits should not extinguish that right, directing administrative relief or judicial remedies where portal failures prevented filing. (AI Summary)
Goods and Services Tax - GST
Pre-import condition for IGST exemption causes exporters to face demands; options include contesting, paying under protest, or paying with ITC.
The Advance Authorisation IGST exemption was restored but made subject to an undefined pre-import condition, which customs interprets to require import before manufacture and export; this led to denials of exemption for exports made from existing stock, divergent High Court rulings, a Supreme Court stay, and reassessment demands. Affected exporters may contest demands without payment, pay IGST under protest (with restricted ITC availing), or pay IGST and interest and take immediate ITC, each option carrying distinct refund, interest and litigation consequences. (AI Summary)
Goods and Services Tax - GST
Denial of cess credit carryforward increases reversal and interest obligations where such credits were utilized, requiring repayment and procedural steps.
Retrospective amendment to Section 140(1) excludes Cess credit from carry forward into GST, requiring taxpayers who carried forward such balances to reverse them as irregular ITC. Unused carried-forward Cess credit attracts no interest for mere availment, but where such credit was utilized to pay GST, the tax must be repaid with interest from the date of utilization until reversal. Taxpayers should reverse via GSTR 3B entries, notify the department, pay in cash if ledger credit is insufficient, pursue representations for waiver, or seek refund under pre GST law where available. (AI Summary)
Goods and Services Tax - GST
GST treatment of free supplies depends on whether the supplier benefits-only supplier borne or amortised costs form taxable value.
Whether materials provided free by a customer constitute consideration for GST valuation hinges on whether the supplier benefits or contracts to procure those materials. If the supplier neither retains nor amortises the free inputs and did not incur their cost, those supplies do not constitute consideration and need not be included in the supplier's taxable value. Conversely, where the contract contemplated the supplier bearing the cost or amortising inputs but the customer supplied them instead, the amortised cost may be includible and attract tax and potential input tax credit reversal. (AI Summary)
Goods and Services Tax - GST
TaxTMI 
TaxTMI 
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05 Sep 2020 
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