Tax Compliance & Litigation Expert | Author: Speaker: Leader | At War for Justice & Simplification in Tax Laws | Loves Information Technology | 9810638155
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Apr 8 โข 9 tweets โข 2 min read
๐ฅ GST & Restaurant Services: A Fresh Take with Swiggy, Zomato & Compliance! ๐
โ What constitutes 'Restaurant Service'?
๐ข As per Notification No. 20/2019-CT (Rate), โRestaurant Serviceโ refers to the offering of food and beverages for consumption on the premises or taken away, including services provided by restaurants, messes, canteens, etc.
โ GST Rates for Restaurant Services
โก๏ธ 5% without ITC - Standard case for regular restaurant services
โก๏ธ 18% with ITC - Applied when the restaurant operates in specified premises (e.g., hotels with room tariffs exceeding โน7,500 per day)
Apr 1 โข 10 tweets โข 3 min read
FAQ's on ISD Issue..!!
โข From April 1, 2025, offices receiving tax invoices for common input services must register as Input Service Distributors (ISDs) under Indian GST, as per the Finance Act, 2024.
โข It seems likely that not every office needs to register, only those receiving invoices for multiple branches, with no clear exceptions noted.
Here are few FAQ's that could be helpful to reduce the confusion.
Please bookmark/save this post.
Q1: We currently distribute common expenses through cross-charge. Do we need to register as an ISD after April 1st, 2025?
A: Yes. The option to distribute ITC through cross-charge will no longer be available for input services received on behalf of distinct persons. You will need to register each office receiving such invoices as an ISD and distribute the ITC as per Section 20 of the CGST Act.
Seeking to become an expert in Indian Income Tax Laws requires a structured approach and sustained effort.
๐ญ. ๐๐ผ๐๐ป๐ฑ๐ฎ๐๐ถ๐ผ๐ป ๐๐ถ๐ฟ๐๐
๐นBegin with a comprehensive understanding of the foundational principles.
๐นDelve deep into the Income Tax Act, 1961, making sure to grasp its core concepts thoroughly.
๐นPay attention to the schedules and amendments, as they often carry crucial details.
Mar 14 โข 19 tweets โข 4 min read
As you are aware, on 1st April 2025, the ISD will become mandatory for many entities. Our team has prepared a few FAQs on the issue of ISD. I hope you will find them helpful.
Thoughts, Insight and Research by: Abhishek Raja Ram, 9810638155
FAQs on Input Service Distributor (ISD) Registration under GST
1. What is the legal definition of an Input Service Distributor (ISD) under GST? ARR
As per Section 2(61) of the CGST Act, 2017, an Input Service Distributor (ISD) refers to an office of the supplier of goods and/or services that:
โข Receives tax invoices for the procurement of input services; and
โข Issues a prescribed document (as per Rule 54(1) of the CGST Rules, 2017) for the purpose of distributing the Input Tax Credit (ITC) of CGST, SGST/UTGST, and IGST to other units registered under the same PAN.
Feb 18 โข 8 tweets โข 2 min read
Burning Issues on GST Registration..!!
Thoughts, Insight and Research by: Abhishek Raja Ram, 9810638155
Q1. Is having more than one GST registration at the same address permissible?
A1. YES, AAR-Kerala in Spacelance Office Solutions P Ltd. In re (2019) 108 taxmann com 234
The applicant was engaged in sub-leasing of office spaces as 'co-working spaces'. There were multiple companies functioning from same address with distinct desk numbers (with co-working spaces i.e. shared office space). It was held that each company can obtain separate GST registration with respective desk number (As per this principle, it can be cabin number also).
Feb 16 โข 7 tweets โข 2 min read
In the era of #AI, here are some essential Excel tips and formulas for tax professionals.
Ready to Enhance Your Excel Mastery?
These Excel tricks can make daily tax tasks (TDS, GST, ITR data compilation) more efficient and less error-prone.
Bookmark or share this post with your fellow professionalsโevery support matters!
1. IF and Nested IF for TDS Calculation
Why Use It?
- Automate TDS rate calculations based on income slabs or transaction types.
Formula:
=IF(condition, value_if_true, value_if_false)
For multiple conditions, you can nest IFs.
Example:
If income > โน5,00,000, TDS = 10%
Else if income > โน2,50,000, TDS = 5%
Otherwise 0%
=IF(A2>500000, 0.10, IF(A2>250000, 0.05, 0))
2. SUMIF / SUMIFS for GST Calculations
Why Use It?
- Consolidate taxable value or total tax amount based on specific criteria like GST rate or invoice category.
Example (SUMIFS):
Calculate the total GST collected from invoices in January (Column B for invoice month) at 18% GST rate (Column C for GST%):
=SUMIFS(D:D, B:B, "January", C:C, 18%)
Feb 3 โข 7 tweets โข 2 min read
Depositing tax is essential when GST officials visit your premisesโan open secret. Regardless of what the law states, the practical scenario remains the same: a search or inspection.
Thoughts, Insight and Research by: Abhishek Raja Ram, 9810638155
Please follow me for similar research work..
Here are some judgments that might help you:
1. Payment made under GST before adjudication of tax liability during revenue officials visit cannot be treated as voluntary and is refundable with interest.
Bombay High Court in Shiva Structures Pvt. Ltd. (2025) 26 CENTAX 157
๐ฆ๐๐บ๐บ๐ฎ๐ฟ๐ ๐ผ๐ณ ๐๐ต๐ฒ ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐ฃ๐ฎ๐๐๐ฒ๐ฑ ๐ฏ๐ ๐ก๐๐๐ฅ๐ (๐ก๐ฎ๐๐ถ๐ผ๐ป๐ฎ๐น ๐๐ถ๐ป๐ฎ๐ป๐ฐ๐ถ๐ฎ๐น ๐ฅ๐ฒ๐ฝ๐ผ๐ฟ๐๐ถ๐ป๐ด ๐๐๐๐ต๐ผ๐ฟ๐ถ๐๐)
๐๐ฎ๐๐ฒ: Religare Finvest Limited vs. CA Neeraj Bansal (FY 2017-18)
๐๐ฎ๐๐น๐ ๐ฎ๐ป๐ฑ ๐๐ฒ๐ด๐ฎ๐น ๐๐ฎ๐๐ถ๐
The National Financial Reporting Authority (NAFRA) issued an order against CA Neeraj Bansal, a partner at SCV & Co. LLP, for professional misconduct in his role as the Statutory Auditor of Religare Finvest Limited (RFL) for the financial year 2017-18.
Jan 31 โข 10 tweets โข 3 min read
Due to delayed TRAN-1 functionality, the Assessee paid GST in cash instead of using transitional credit, and the Madras High Court allowed a refund upon revising GSTR-3B.
Dell International Services India Pvt. Ltd. vs Union of India [W. P. No. 1924 of 2021; dated 02-Jan-2025: 2025:MHC:251]
โก๏ธFacts of the case:
๐นThe Assessee had accumulated โInput Tax Credit (ITC)โ under the pre-GST regime.
๐น GST came into force on 01.07.2017, but the โForm TRAN-1โ portal was enabled only on 25.08.2017.
๐น The Assessee filed its TRAN-1 belatedly on 27.12.2017, by which time it had partly discharged its output GST liability in cash and partly by fresh ITC earned under GST.
๐น The Department passed an order stating there was no provision to revise โGSTR-3Bโ for July to November 2017.
Jan 26 โข 10 tweets โข 2 min read
Constitution and GST Registration
Thoughts, Insight and Research by: Abhishek Raja Ram, 9810638155
Despite its unique structure, GST registrations and the law governing them remain subject to the overarching principles and provisions enshrined in the Constitution of India. This note examines the applicability of key constitutional articles to GST registrations.
1. Article Article 14: Equality before the law
Applicability: Article 14 guarantees equality before the law and equal protection of the laws within the territory of India. In the context of GST, this implies that the registration process, criteria, and related provisions must be non-discriminatory and apply uniformly to all similarly situated individuals and entities.
๐๐ฎ๐๐น๐ ๐ฎ๐ป๐ฑ ๐๐ฒ๐ด๐ฎ๐น ๐๐ฎ๐๐ถ๐
The Registrar of Companies (ROC), Mumbai, issued a penalty order against TPI India Limited under Section 454 of the Companies Act, 2013, for violating Section 149(1) and Rule 3 of Companies (Appointment and Qualification of Directors) Rules, 2014.
๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ญ๐ฐ๐ต(๐ญ): Mandates that listed companies must appoint at least one woman director.
๐ฅ๐๐น๐ฒ ๐ฏ: Requires filling any intermittent vacancy of a woman director within three months or by the next board meeting, whichever is earlier.
Jan 15 โข 6 tweets โข 2 min read
UNJUST ENRICHMENT: A Deep Dive
Thoughts, Insight and Research by: Abhishek Raja Ram, 9810638155
Principle of unjust enrichment does not apply to refund of electronic cash ledger in terms of section 49(6) read with section 54. HC sets aside rejection of refund claim for left over TDS accumulated as credit balance in cash ledger with a direction for โreconsiderationโ.
2. M/s NAM Estates Pvt. Ltd. - Karnataka High Court
2025-VIL-39-KAR
Respondent contracted for goods and paid an advance including GST. The supplier didn't deliver, so the contract was canceled. The respondent then applied for a GST refund.
HELD: Tax is on the transaction, so if it fails, advance payments should be refunded. With no GST liability, the respondent is entitled to a refund.
Dec 30, 2024 โข 9 tweets โข 2 min read
"RECTIFICATION IN RETURNS"
GST returns lack a revision option, and since humans are prone to errors, mistakes will inevitably occur. While the Department's decision to reject rectification might be legally valid, it goes against the spirit of the law. Laws should not be designed to penalize individuals for honest mistakes.
Here are a few judgments where courts have favoured the assessee.
Research by: Abhishek Raja Ram; 9810638155
1. M/s Vijay Bhogilal - Gujarat High Court (2024) 12 TMI 1399 :: 2024:GujHC:70800-DB
Error in GSTR-3B returns for 2018-19: The case is remanded to the respondent authority, allowing the petitioner to apply for Input Tax Credit entitlement by 30-Nov-2021. The Assessing Officer will issue a new order after reviewing the petitioner's application per Sections 16(5) and 16(6) of the GST Act.
Dec 17, 2024 โข 10 tweets โข 2 min read
Summary of GSTR-9 & GSTR-9C Reporting Requirements for FY 2023-24
(Updated as per Notification No. 12/2024 โ Central Tax dated 11/07/2024)
A. GSTR-9: Annual Return
A.1. GSTR-9 Tables: Mandatory Tables/Section
4A to 4G: Taxable outward supplies, tax on advances, and RCM.
โข 4I to 4L: Credit/Debit Notes (CN/DN) and amendments related to supplies reported in 4B to 4E.
โข A to 5C: Zero-rated supplies without tax payment, supplies where the recipient discharges tax.
โข 6E: Import of goods.
โข 6F to 6M: Other ITC details.
Nov 1, 2024 โข 6 tweets โข 1 min read
๐ฐ ๐๐ฎ๐ฟ๐ป๐ฎ๐๐ฎ๐ธ๐ฎ ๐๐ถ๐ด๐ต ๐๐ผ๐๐ฟ๐ ๐ฅ๐๐น๐ถ๐ป๐ด: ๐ฅ๐. ๐ฎ๐ญ,๐ฌ๐ฌ๐ฌ ๐๐ฟ๐ผ๐ฟ๐ฒ ๐๐ฆ๐ง ๐๐ฒ๐บ๐ฎ๐ป๐ฑ ๐ค๐๐ฎ๐๐ต๐ฒ๐ฑ ๐ณ๐ผ๐ฟ ๐ข๐ป๐น๐ถ๐ป๐ฒ ๐๐ฎ๐บ๐ถ๐ป๐ด ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐
๐ข The court ruled, "Games such as rummy, which are predominantly skill-based, cannot be taxed under the 'gambling and betting' category, and are therefore not subject to the GST rate applied to gambling."
๐ข The Tribunal ruled:
"Demand of service tax cannot be confirmed merely based on figures in statutory records; the Department must prove the service was rendered."
๐ข New Tax Regulation Introduced:
"Registered persons involved in the supply of metal scrap, under Chapters 72 to 81 of the Customs Tariff Act, 1975, are now subject to GST collection regulations starting October 10, 2024."
Sep 25, 2024 โข 6 tweets โข 1 min read
๐จ Karnataka High Court Quashes Common Show Cause Notice (SCN) for Multiple Tax Periods: "Fundamentally Flawed" ๐จ
Veremax Technologie Services Limited Vs The Assistant Commissioner Of Central Tax
The Karnataka High Court has held that issuing a consolidated SCN for multiple Assessment Years (AYs) is "fundamentally flawed" and contravenes the provisions of the CGST Act.
Jul 29, 2024 โข 10 tweets โข 2 min read
"BURDEN OF PROOF"
We usually believe that burden of proof lies on the Assessee but it's not in all cases. When the Assessing Officer levies allegations then the onus is on them
Let's decode few critical aspects of this
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Raja Abhishek
Your NIRC Candidate
1. Burden of proof vis-ร -vis invocation of charging provisions 1.1 Ambalal Sarabhai Enterprises - Supreme Court (1989) 43 ELT 214
Central Excise - Dutiability - Burden on the department to prove that goods were marketable hence liable to excise duty -
Jul 19, 2024 โข 11 tweets โข 2 min read
"REVERSAL OF ITC FROM CANCELLED DEALERS": Part-2
In the landmark judgment of State of Maharashtra vs Suresh Trading Company [(1997) 11 SCC 378], the Supreme Court held that the subsequent retrospective cancellation of the seller's registration does not affect the deduction (ITC)
2. Madras High Court 2.1 TVL. SRI ESWARI TEXTILES (2017) 5 GSTL 256
Tamil Nadu VAT: Subsequent registration cancellation does not affect the purchasing dealer's right to a deduction.
Jul 16, 2024 โข 10 tweets โข 2 min read
Your GST Registration cannot be cancelled on hyper-technical grounds as GST Laws cannot override the Right to Livelihood under Article 21 of the Constitution of India.
Bookmark/Save this post for the future.
Research by: Raja Abhishek, NIRC Candidate 2024
1. Poonamchand Saran - Rajasthan High Court
2022-TIOL-1278
Assessee Cannot Be Deprived Of Its Livelihood By Cancelling The GST Registration.