Athena Law Associates is one of the leading law firms in India providing entire gamut of legal services being - litigation, representation, advisory, consulting, tax reviews, training and workshop/seminars in the area of Indirect Taxation, International Trade Law, Competition Law and Direct Tax. The core competence of Athena is its highly specialized indirect tax practice. Over the years, with experience, constant training and updation of knowledge, the firm has developed unique expertise in the entire spectrum of indirect taxes. The firm does specialized work in: (a) International Trade Law Matters under the World Trade Organization (WTO) umbrella which includes matters relating to anti dumping duty, safeguard duty and countervailing duty; (b) Central/ Federal Taxes i.e. Central Excise, Customs and Service Tax, and (c) Domestic/ State Taxes i.e. Value Added Tax (VAT)/ Sales Tax, Entry Tax/ Octroi, Entertainment tax, Luxury Tax and Professional Tax. Founded by Mr. Pramod Kumar Rai, the firm has its two offices in New Delhi. The firm is well-known for its highly ethical standards, quality work and transparency. The biggest strength of Athena is its core values and experienced personnel from varying backgrounds. This helps Athena respond to clients complex business challenges with a broad range of services across industry sectors. The efficient and dedicated teams are fully geared to take on the toughest of challenges faced by its clients and provide them with best of the solutions.
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Benami transactions: expanded definition and enforcement, including confiscation and adjudication, to curb concealed beneficial ownership.
Benami transactions separate legal title from beneficial ownership where consideration is paid by another; historically recognised as tripartite or sham transfers. The Amending Act of 2016 expands the definition to include transfers with third-party consideration, fictitious names, unaware ostensible owners, and untraceable payors, and establishes adjudicating authorities, penal provisions, confiscation of Benami property, and a prohibition on re-transfer, with retrospective effect to earlier enactments. (AI Summary)
Income Tax
Non discriminatory taxation permitted: only protectionist discriminatory entry taxes violate constitutional trade freedom.
The nine judge reference held that Article 301 does not preclude taxation generally; only protectionist or hostile discriminatory taxes are prohibited by Article 304(a). Clauses (a) and (b) of Article 304 are disjunctive; a levy breaching 304(a) cannot be validated by 304(b). The compensatory tax theory was rejected and earlier cases to that effect were overruled. A tax on entry of goods into a local area is permissible if non discriminatory, and States may equalise burdens or grant non hostile incentives; certain issues were reserved for later proceedings. (AI Summary)
Other Topics
GST migration requires portal enrolment with OTP verification, DSC or e sign, provisional registration and verification for final GSTIN.
Enrollment on the GST common portal requires receipt of state issued login credentials, OTP verification of authorised signatory contact details, completion of mandatory fields, prescribed document uploads, digital signing (DSC mandatory for companies and LLPs; e sign for others), and submission which generates an Application Reference Number. A Provisional Registration Certificate (Form GST REG 21) appears on the portal on the appointed date and final GSTIN is issued after verification within the prescribed verification timeframe. Taxpayers must determine appropriate state wise registrations and contact jurisdictional authorities if login details are not received. (AI Summary)
Goods and Services Tax - GST
Tax invoice requirements: issuance, contents and timing determine tax liability and input tax credit entitlement.
Registered taxable persons must issue a tax invoice for taxable supplies: at the time of supply for goods (including advances) and within prescribed time for services; invoices for goods must state description, quantity, value and tax charged, while non taxable supplies or composition dealers must issue a bill of supply. Revised invoices are required for supplies between effective registration date and issuance of registration certificate. Incorrect or delayed issuance attracts penalty under Section 66. Tax invoices are essential for claiming input tax credit and tax amounts borne by the supplier must be indicated. A proviso to section 24(1) bars issuing credit notes if tax and interest incidence has been passed to another person. (AI Summary)
Goods and Services Tax - GST
GST migration enrolment: existing taxpayers must verify contacts, upload documents, use DSC or e sign, and obtain ARN.
Enrolment on the GST portal for existing taxpayers requires authorised signatory verification via OTP, completion of mandatory fields, document upload, digital signing, and submission; a digitally signed application generates an Application Reference Number (ARN) for tracking, leads to issuance of a Provisional Registration Certificate (Form GST REG 21) on the dashboard, and culminates in allocation of a GSTIN after verification. DSC is mandatory for Companies, Foreign Companies, LLPs and foreign LLPs, while e sign is permitted for others. Separate state registrations are required where supplies originate. (AI Summary)
Goods and Services Tax - GST
Time of supply of services: invoice or payment timing determines the taxable event and proportional recognition for GST.
Time of supply of services under Section 13 is determined by invoice and payment timing: if invoice is issued within the prescribed period, the earlier of invoice date or receipt of payment; if not, the earlier of completion of service or receipt of payment; otherwise when the recipient records the service. Payment-linked or invoice-linked supplies are deemed only to the extent covered. "Date of receipt of payment" is the earlier of entry in supplier's books or bank credit. Special rules apply for continuous supply, reverse charge, cessation before completion, and residuary cases tied to return filing or tax payment. (AI Summary)
Goods and Services Tax - GST
Time of supply of goods determines GST liability: earliest of removal, delivery, invoice issuance, payment, or accounting entry.
Time of supply for goods fixes the CGST/SGST liability and is the earliest of: removal by the supplier where applicable; placing goods at recipient's disposal where removal is not required; invoice issuance; receipt of payment recorded in books or credited to bank; or entry of receipt in books. Continuous supplies use the period expiry tied to successive statements or payments, or otherwise earlier of invoice or payment. Reverse charge supplies use the earliest of receipt of goods, payment entry or bank debit by recipient, receipt of invoice, or debit in recipient's books. Residuary rule applies where none earlier apply. (AI Summary)
Goods and Services Tax - GST
Input tax credit entitlement requires invoice, receipt, tax payment and matched return filings to validate GST credit claims.
Input tax credit is available to a registered taxable person for taxes charged on supplies used in the course or furtherance of business, subject to possession of prescribed tax documents, receipt of goods or services, actual payment of the tax to government, and filing of the relevant return. Credit is provisionally self-assessed and recorded in the electronic credit ledger, and is finally accepted only after matching recipients' inward supplies with suppliers' outward supplies; unresolved discrepancies convert excess claims into output tax liability with interest. Certain supplies and uses are blocked or restricted from credit. (AI Summary)
Goods and Services Tax - GST
Supply under GST expands to include imports, transactions without consideration, and deemed supplies by agents and aggregators.
The term supply is defined inclusively to cover provision of goods and services for consideration and expressly includes importation of services even without consideration. Schedule I treats specific transactions as deemed supplies absent consideration-permanent disposal of business assets, temporary private use of business assets, and services used for non business purposes-thereby capturing free samples and certain digital or free services. Principal agent dealings where the agent supplies or receives on behalf of the principal are also treated as supplies, and aggregators are deemed suppliers of branded services. (AI Summary)
Goods and Services Tax - GST
GST treatment of real estate increases buyer costs due to inclusion of land and denial of input tax credit.
The Model Goods and Services Tax framework will raise acquisition costs for residential buyers by applying GST to the full transaction price, including land, and by excluding construction supplies from Input Tax Credit relief. Developers cannot set off GST paid to contractors, converting deductible taxes into cost. Valuation rules further treat materials and developer-arranged services as part of the contractor's taxable supply, creating double taxation on inputs and a cascading tax burden that increases housing transaction tax incidence. (AI Summary)
Goods and Services Tax - GST
Charging section for GST establishes central and state tax on intra state supplies; integrated tax applies to inter state supplies.
The statute implements constitutional allocations by prescribing charging mechanisms: Section 7 levies CGST and SGST concurrently on intra state supplies where supplier location and place of supply are in the same State, while Section 4 of the IGST Act levies Integrated Goods and Services Tax on supplies in the course of inter state trade or commerce where supplier location and place of supply are in different States. (AI Summary)
Goods and Services Tax - GST
Compulsory GST registration requires suppliers to register in each state of taxable supply, with PAN-based registrations and local compliance.
Compulsory registration under GST is required where a supplier's aggregate turnover exceeds the threshold and taxable supplies are made from a state; registration is required only in those states from which taxable supplies originate. Aggregate turnover is computed on an all India basis for persons with the same PAN, excludes taxes and reverse charge/inward supplies, and supplies outside the levy do not attract registration. Certain categories must register irrespective of threshold. Registration is PAN based and a supplier must obtain registration and meet filing and recordkeeping obligations in each state of taxable supply; there is no centralized registration. (AI Summary)
Goods and Services Tax - GST
GST registration requirement: separate state registrations and procedural obligations, with penalties for non compliance and special rules for casual suppliers.
Registration under GST creates a distinct legal identity and compliance obligations. Persons compulsorily liable must apply in each State where they are liable, and may obtain separate registrations for different business verticals. Existing registrants under an undefined earlier law need not re register. Applicants receive a 15 digit GSTIN. Failure to register attracts penalties and allows the proper officer to register the person; registration is to be granted or rejected within prescribed periods, with deemed registration if no deficiency is communicated. Casual and non resident taxable persons follow a separate short term registration procedure. (AI Summary)
Goods and Services Tax - GST
Valuation of goods in works contracts: VAT limited to value of goods incorporated after agreement, excluding subcontractor taxed materials.
Valuation for VAT in developer activity is governed by works contract principles: taxable event is transfer of property in goods when goods are incorporated, and taxable turnover equals the value of goods at incorporation. Proper books determine turnover; absent credible books, a legislatively prescribed deductive method is permissible only if it specifies allowable deductions and includes a residuary clause to exclude non goods expenditures. Materials already taxed when incorporated by subcontractors must be excluded. Rule provisions were read down and required to be amended to reflect these limits. (AI Summary)
Value Added Tax - VAT and CST
Inherent powers of courts enable quasi judicial bodies to issue ancillary orders ensuring effective implementation of their decisions.
The article contends that quasi judicial bodies, including the Settlement Commission, qualify as courts because they are authorized to take evidence and decide disputes, and therefore possess inherent powers-ancillary and incidental to statutory grants-to make their statutory jurisdiction effective. These inherent powers permit the Commission to entertain applications and issue orders to secure the ends of justice and prevent abuse of process, subject to the limitation that such powers cannot be exercised inconsistently with express or exhaustive statutory provisions; the absence of an express rule identical to the Tribunal's procedural rule does not by itself negate that authority. (AI Summary)
Central Excise
Regulatory reform to decriminalize minor tax defaults and enforce time bound permissions, and reward judicious officers.
The article urges regulatory overhaul to support Make In India by decriminalising minor tax defaults, restructuring or abolishing departmental adjudication in tax disputes, and introducing administrative dispute resolution modeled on preliminary non statutory notices and independent internal appeals. It calls for incentive reforms to reward judicious officials, time bound and transparent digital permissions with deemed approvals, and specific NOC reforms for non lethal exports including auto, in principle and debitable bulk NOCs, all to reduce delays, litigation and compliance costs. (AI Summary)
Other Topics
TaxTMI 
TaxTMI 
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02 Nov 2012 
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