Indirect Tax Amicus

2024

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Indirect Tax Amicus, September 2024

Goods and Services Tax (GST) Notifications and Circulars • 54th Meeting of GST Council – Highlights of important recommendations • Dates for amendments by the Finance (No.2) Act, 2024 in CGST Act and IGST Act notified • Sunset clause for Anti-profiteering – No request for examination to be accepted from 1 April 2025 • IGST refund on exports do not contravene Rule 96(10) if IGST and compensation cess, along with interest, is paid on imported inputs later • Demo vehicles – Input Tax Credit is available, subject to conditions • Advertisement services provided by an advertising agency in India to foreign company under a comprehensive agreement for one-stop solution is export of services, subject to conditions • Data hosting services provided by service providers in India to cloud computing service providers located outside India is export of services, subject to conditions

Indirect Tax Amicus, August 2024

Goods and Services Tax (GST) Notifications and Circulars • Distribution of credit by Input Service Distributor will be mandatory w.e.f. 1 April 2025 • Penalty for running unregistered machines for manufacture of pan masala, tobacco, etc., as per special procedure, effective from 1 October 2024

Indirect Tax Amicus, July 2024

The article in this issue of Indirect Tax Amicus attempts to explore the ramifications of a specific legislative change introduced in the Union Budget 2024-25 vide Clause 101 of Finance (No.2) Bill, 2024 which seeks to amend Section 65 of the Customs Act, 1962.

Indirect Tax Amicus, June 2024

The article in this issue of Indirect Tax Amicus traces the history of the dispute, analyses number of case law and GST Council Meetings, and observe that though the taxability of ENA would get settled from the perspective of GST based on the recommendations of the 53rd GST Council Meeting, the issue will continue from the perspective of levy of VAT and excise duty.

Indirect Tax Amicus: May 2024

This article in this issue of Direct Tax Amicus seeks to analyze the applicability of the non-discrimination article in tax treaties on disallowance of expenses on payment made to non-residents without withholding the applicable taxes.

Indirect Tax Amicus: April 2024

Pan masala, tobacco and tobacco products – Effective date for implementation of new special procedure extended to 15 May 2024

Indirect Tax Amicus: March 2024

Last few years have seen a huge surge in sports marketing, where companies sponsor leagues, display billboards during sports matches or display their logo on the players’ jersey. The article in this issue of Tax Amicus highlights that one needs to examine...

Indirect Tax Amicus: February 2024

The article in this issue of Tax Amicus discusses the observation of the Supreme Court in Northern Operating Systems case, recent investigations on the issue, CBIC Instruction, interim orders passed by different High Courts on factual matrix of the cases, legal position under the GST law and the way forward

Indirect Tax Amicus: January 2024

The article in this 151st edition of LKS Tax Amicus covers the issue of taxability of grants. It notes that given the voluntary and unilateral nature of a grant, there exists ambiguity whether the provision of a grant qualifies to be a taxable supply under the scheme of GST law, as to qualify as a supply it is essential that a good or service is provided for a consideration.

Indirect Tax Amicus: December 2023

The concept of ‘restriction’ imposed on export of goods as indicated in the Indian Trade Classification (‘ITC (HS)’) has been the subject matter of judicial interpretation before various forums.

Indirect Tax Amicus: November 2023

Classification of goods under the correct tariff item is the first, and arguably, most important step for a taxpayer. This is also the most litigative issue in any tax jurisdiction. The article hence analyses the implications of a recent Madras High Court decision in the case of Parle Agro Pvt. Ltd.

Indirect Tax Amicus: October 2023

The article in this issue of Tax Amicus discusses the recent decision of the Supreme Court wherein the Apex Court has held that the amendments to the Telangana VAT Act, the Gujarat VAT Act and Maharashtra VAT Act, after 1 July 2017 were not correct

Indirect Tax Amicus: September 2023

The article in this issue of Tax Amicus discusses the problem of absence of mechanism for matching Input Tax Credit (‘ITC’). It analyses a recent Rajasthan High Court decision in the case of Hindustan Lever Ltd., where the practicality of this matching exercise has come into question.

Indirect Tax Amicus: August 2023

The article in this issue of Tax Amicus revolves around the recommendation of the 50th Meeting of the GST Council and the clarification brought in by the CBIC Circular No. 199/2023-GST, dated 17 July 2023 with respect to distribution of credit through Input Service Distributor (‘ISD’)

Indirect Tax Amicus: July 2023

The article in this issue of Tax Amicus seeks to analyse the GST implications on leasing of capital goods between ‘distinct persons’, in the light of a recent ruling of the Maharashtra Appellate Authority of Advance Ruling.

Indirect Tax Amicus: June 2023

The article in this issue of Tax Amicus discusses a recent decision of the Larger Bench of the CESTAT which settles, in favour of assessee, the issue as to whether Business Auxiliary Services (BAS) provided by Indian agents to foreign entities qualify as export of services under the service tax regime

Indirect Tax Amicus: May 2023

The Division Bench of Hon’ble Madras High Court recently in the case of Eastman Exports Global Clothing, settled an interesting question of law pertaining to the reversal of Input Tax Credit (‘ITC’) on the loss of inputs which is inherent to the process of manufacturing.

Indirect Tax Amicus: April 2023

The article in this issue of Tax Amicus highlights the intricacies of TDS withholding, under the income tax provisions, which appear to impact the taxable value under GST in case of import of services.

Indirect Tax Amicus: March 2023

The article in this issue of Tax Amicus discusses elaborately the problems of classification and rate of GST in case of dry leasing of an aircraft. In respect of classification, the authors note that ..

Indirect Tax Amicus: February 2023

The issue of classification of the product ‘Rab’ (semi-solid sugarcane juice) and applicable rate of tax on its supply has been a subject matter of dispute for a long time. The article in this issue of Tax Amicus intends to highlight the divergent practices followed by the industry..

Indirect Tax Amicus: January 2023

Post introduction of GST, the State Governments of Kerala, Gujarat and Telangana have amended their VAT laws with the objective of enhancing the limitation period in different forms.

Indirect Tax Amicus: December 2022

The article in this issue of Tax Amicus discusses the GST liability on arbitral awards. It notes that though the CBIC Circular No. 178/10/2022-GST, dated 3 August 2022 has paved the way in understanding the GST implications on arbitral awards, determination.

Indirect Tax Amicus: November 2022

The Government has with effect from 19 November 2022 rolled back export duty on iron ore pellets and steel products, including pig iron, flat-rolled products of carbon steel and stainless steel, bars, rods and non-alloy steel, etc.

Indirect Tax Amicus: October 2022

The article in this issue of Tax Amicus discusses certain exemptions and concessions available under Customs and GST laws in respect of goods involved in petroleum operations. It also underlines amendments introduced in one law and shadowing the other.

Indirect Tax Amicus: September 2022

Procurement by Government or Public Sector Undertakings through tenders has been subject to frequent litigations. The article in this issue of Tax Amicus in this regard discusses the recent decision of Supreme Court in Bharat Forge Limited which will have widespread implications on the whole procurement process.

Indirect Tax Amicus: August 2022

Recently, the Central Goods and Services Tax Rules, 2017 have been amended to introduce a new Rule 88B, retrospectively with effect from 1 July 2017. The Article in this issue of Tax Amicus intends to analyze the nuances of this new Rule and the implications arising therefrom.

Indirect Tax Amicus: July 2022

The article in this issue of Tax Amicus discusses elaborately an amendment in Section 132 of the Central Goods and Services Tax Act, 2017 by the Finance Act, 2020, relating to punishment to perpetrators for fraudulent passing and availing Input Tax Credit in GST.

Indirect Tax Amicus: June 2022

On the 5th Anniversary of implementation of GST in India, the article in this issue of Tax Amicus discusses the levy of compensation cess which was initially imposed to compensate the States for their revenue loss due to GST implementation, and which was supposed to expire after 5 years. Elaborately discussing the levy, the article proceeds to deliberate the background of the recommendation of the GST Council to extend the levy till March 2026.

Indirect Tax Amicus: May 2022

The article in this issue of Tax Amicus analyses provisions of Section 50 of the Central Goods and Services Tax Act, 2017 in the light of recent Madras High Court decision in the case of Srinivasa Stampings.

Indirect Tax Amicus: April 2022

The article in this issue of Tax Amicus discusses at length the significance of ‘appointed date’, ‘effective date’ and various clauses of the scheme of amalgamation/ merger/ demerger in the light of indirect tax laws. Elaborating upon the concepts, the author deliberates on a dispute in respect of those transactions which are undertaken between the appointed date and the effective date/till the fresh registration under indirect tax is obtained by the successor in its own name.

Indirect Tax Amicus: March 2022

The article in this issue of Tax Amicus discusses a recent decision of the Division Bench of the Karnataka High Court in the case of Bundl Technologies upholding the view of the Single Bench that the amounts deposited with the Department at odd hours during the DGGI investigations were paid involuntarily.

Indirect Tax Amicus: February 2022

The article in this issue of Tax Amicus highlights the changes in entries relating to electric vehicles (‘EV’) and their probable impact on the EV ecosystem in India. Elaborately discussing the amendments made by a notification issued as part of Budget 2022 proposals, the authors ...

Indirect Tax Amicus: January 2022

The article in this issue of Tax Amicus explores the on-ground impact of the recent CBIC Instruction dated 5 January 2022 on the Supreme Court’s decision in Westinghouse Saxby Farmer Ltd. v. CCE, Calcutta case.

Indirect Tax Amicus: December 2021

The textile sector has recently been in news for various reasons. The article in this issue of Tax Amicus intends to highlight the possible consequences arising out of the recent changes in the GST rates of textiles and textile articles.

Indirect Tax Amicus: November 2021

Under margin scheme, a registered person may at his option, discharge tax on sale of used or second-hand goods on the margin amount which is the difference between selling price and purchase price of the goods.

Indirect Tax Amicus: September 2021

It is not an aberrant practice for partnership firms to distribute assets to its partners at the time of retirement. However, such distribution of assets is an area of concern as far as GST is concerned.

Indirect Tax Amicus: October 2021

The article in this issue of Tax Amicus discusses a recent CBIC Circular 159/15/2021-GST on intermediary services. Dissecting the definition of ‘intermediary’ as given under Section 2(13) of the IGST Act, 2017, the author tries to be optimistic and analyses how the Circular instils hope or at least ensures that it should not be ignored.

Indirect Tax Amicus: August 2021

The Central Government recently notified the much-awaited Remission of Duties and Taxes on Exported Products Scheme (‘RoDTEP Scheme’) with retrospective effect i.e., for exports from 1 January 2021, with certain exclusions.

Indirect Tax Amicus: July 2021

It is common in commercial transactions to negotiate and record specific terms regarding which party would bear the burden of indirect tax in the agreement governing the transaction. Observing that if a person chooses to, or mistakenly, not shifts the burden of tax contractually, it will still not alter the nature of the tax, the article in this 10th Anniversary Issue of Tax Amicus analyses few select situations for highlighting the importance of drafting contracts with a proper tax clause..

Indirect Tax Amicus: June 2021

The article in this 120th issue of Tax Amicus discusses an amendment made in the Central Goods and Services Tax Act, 2017 with effect from 1 January 2021 which has resulted in delinking the date of issuance of the debit note from the date of original / parent invoice against which the GST debit note is issued.

Indirect Tax Amicus: April 2021

As an industry with multitude of components and parts, the automotive industry is always under the scanner of the taxmen. Particularly, in respect of indirect taxes, there has been emergence of many new complicated issues. The article in this issue of Tax Amicus discusses some of these issues which plague this industry.

Indirect Tax Amicus: May 2021

The article in this issue of Tax Amicus discusses various recent significant developments in the e-way system and their implications for the business. It explains the integration of the e-way bill system with the RFID tag and how this is helping the authorities to validate supplies, detect cases of bill trading or circular trading, etc.

Indirect Tax Amicus: March 2021

The article in this issue of Tax Amicus attempts to discuss the dispute on the scope of distribution of electricity services by DISCOMs.

Indirect Tax Amicus: February 2021

There is no doubt that the GST regime has not seen a rule so debated as Rule 96(10) of the Central Goods and Services Tax Rules, 2017.

Indirect Tax Amicus: January 2021

The article in this issue of Tax Amicus intends to demystify the controversial issue relating to the classification of different kinds of toys under GST. It notes that tariff headings under the Customs Tariff Act are broadly divided into two categories under GST - electronic products and non-electronic products.

Indirect Tax Amicus: December 2020

Employers often arrange for various facilities such as transportation, canteen, healthcare, insurance, for their employees.

Indirect Tax Amicus: November 2020

With export promotion schemes like EOU, SEZ and EPCG being challenged at the international forums, alleged to be in violation of the WTO agreement, the thrust of the government has now shifted to age old scheme of duty deferment and manufacturing in customs bonded warehouse.

Indirect Tax Amicus: October 2020

Analysing Section 15(2)(d) of the Central Goods and Services Tax Act, 2017, the article in this issue of Tax Amicus elaborately discusses the question as to whether every charge paid for delayed payment of any amount form part of the value of supply. In the opinion of the authors, Section 15(2)(d) does not cover all scenarios where additional charges are paid.

Indirect Tax Amicus: September 2020

Employee recoveries have always been a contentious issue, both in pre-GST era and under GST. The article in this issue of Tax Amicus elaborately discusses a recent decision of Maharashtra AAR in the case of Tata Motors, where the Authority has held that the provision of bus facilities by the employer to the employee on a nominal price falls under ‘employer-employee’ relation and is not a ‘supply’.

Indirect Tax Amicus: August 2020

The first article in this issue of Tax Amicus discusses at length the issue as to whether an intermediary suppling service to a foreign customer should discharge CGST+SGST or IGST. It notes that Section 8(2) of the Integrated Goods and Services Tax Act, 2017 dealing with ‘intra-State supply’ begins with the term ‘subject to…’ thereby giving a meaning that Section 8 is inextricably conditional upon Section 12 and does not have its own identity unless the later section is invoked.

Indirect Tax Amicus: July 2020

Question whether the time limit imposed on transitioning the credit into GST from the erstwhile regime is sacrosanct has now been decided by various High Courts and interestingly, not all of them have taken the same view.

Indirect Tax Amicus: June 2020

The decisions of the GST Council’s 40th Meeting have failed to cheer the industry as the GST Council merely announced procedural relief rather than substantive measures to boost the demand and revive the economy.

Indirect Tax Amicus: May 2020

Though the Government has announced various relief measures by way of waiver of interest, penalty, extension in statutory due dates, etc., for exporters, their woes seem to be increasing under GST.

Indirect Tax Amicus: April 2020

Elaborately discussing various recent notifications issued by CBIC, the first article in this issue of Tax Amicus states that even though the Government has brought in various relief measures for the taxpayers, the same are not free from arbitrariness.

Indirect Tax Amicus: March 2020

The Indian commercial airline industry mostly takes aircrafts on lease from foreign vendors, where the lease agreement usually also covers engine, landing gear, auxiliary power unit and maintenance / replacement / refurbishment clauses. Recognising that the transaction is service and not for goods, Sl. No. 547A of Notification No. 50/2017-Cus.

Indirect Tax Amicus: February 2020

The article in this issue of Tax Amicus elaborately discusses the recent Gujarat High Court decision in the case of Mohit Minerals Pvt. Ltd. v. UOI, where the Court has struck down the levy of GST on ocean freight in case of imports. Tracing the history of the dispute, the authors analyse the impact of the decision and discuss what the assessees may have to do. The authors opine that so long as the matter is not stayed by the Supreme Court, the decision of the High Court would be binding, howeve.

Indirect Tax Amicus: January 2020

Cross-border supplies (import and export) of goods and services generally entail the presence of an intermediary. It involves provision of two independent supplies, i.e., one from the principal to the ultimate customer and another from the agent to the principal.

Recent Articles

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Applicability of Doctrine of Merger between intimation under Section 143(1) and assessment order under Section 143(3)

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GST Council’s recommendation is mandatory if Central/State Act stipulates an act to be done on such recommendations

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