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Non-Constitution of GSTAT: Orissa HC Directs Payment of Entire Tax Demand

The Goods and Services Tax Appellate Tribunal (GSTAT) plays a critical role in resolving disputes related to GST. However, the non-constitution of GSTAT in certain states has been a matter of concern for taxpayers. Recently, the Orissa High Court made a significant ruling regarding this issue, directing the payment of the entire tax demand despite the absence of a functional GSTAT. This blog delves into the implications of the Orissa HC's decision and the broader implications of the non-constitution of GSTAT.

Understanding the Role of GSTAT:

GSTAT is an essential institution under the Goods and Services Tax (GST) framework in India. It serves as an appellate authority to adjudicate appeals against orders passed by the Appellate Authorities or the Revisional Authorities. GSTAT provides taxpayers with a platform to challenge decisions concerning tax liability, input tax credit, and other GST-related matters.

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Navigating the New Tax Regime (NTR) for Financial Year 2023-24

As we stepped into the Financial Year 2023-24, there was a significant change awaiting us in the realm of taxation - the New Tax Regime (NTR). The government has introduced this new tax system to simplify the tax structure and bring greater transparency to the process. In this blog post, we'll explore the ins and outs of the NTR and how it will impact individual taxpayers.

Understanding the New Tax Regime:

The New Tax Regime (NTR) is an optional tax system introduced by the government for individuals and Hindu Undivided Families (HUFs). It's designed to provide taxpayers with a choice between the existing tax regime and a new, more straightforward tax structure.

Under the NTR, taxpayers will have the option to forgo various deductions and exemptions that were available in the old tax regime. Instead, they can opt for lower tax rates, making tax compliance more accessible and less cumbersome.

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Tax Saving Instruments for Salaried Employees in India

As the end of the financial year approaches, salaried employees in India often find themselves on the lookout for effective tax-saving strategies. Fortunately, the Indian government offers a range of tax-saving instruments to help reduce taxable income and increase take-home pay. In this blog, we'll explore some of the best tax-saving instruments available to salaried employees in India.

Employee Provident Fund (EPF):

The Employee Provident Fund (EPF) is one of the most popular tax-saving instruments for salaried employees. It is a mandatory deduction from the employee's salary, with an equal contribution from the employer. The contributions made towards EPF are eligible for tax deduction under Section 80C of the Income Tax Act, up to a specified limit.

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The TDS Rate Chart for FY 2023-24 / AY 2024-25

TDS, abbreviated as Tax Deducted at Source, is a mechanism through which the government collects taxes from various sources of income at the time of making payments. As we step into the Financial Year (FY) 2023-24, it is crucial for taxpayers and businesses to be familiar with the updated TDS rate chart applicable for this period. In this blog post, we'll dive into the TDS rate chart for FY 2023-24 / AY 2024-25, helping you navigate the TDS deductions.

Understanding TDS:

TDS is a system designed to ensure a steady flow of tax revenue to the government. It requires the payer (deductor) to deduct a certain percentage of the payment made to the payee (deductee) and remit it to the government on their behalf. This helps in widening the tax base and increasing compliance.

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GST Case Law Compendium – July Edition

Indirect taxes have always been a complex subject for businesses, with their ever-changing nature and intricate legal interpretations. The Goods and Services Tax (GST) system, introduced in India on July 1, 2017, aimed to simplify the indirect tax structure. However, as with any new tax regime, challenges and disputes are bound to arise. In this blog, we will look  into the significance of the GST Case Law Compendium – July Edition, exploring how it provides valuable insights into the evolving GST landscape and its impact on businesses.

Understanding the GST Case Law Compendium

The GST Case Law Compendium is a comprehensive compilation of judicial decisions and rulings related to GST. It offers a consolidated summary of key judgments delivered by various courts and authorities, such as the Supreme Court, High Courts, and the National Appellate Authority for Advance Ruling (NAAAR). The July Edition specifically covers cases and rulings from the month of July, providing up-to-date insights for taxpayers, tax professionals, and policymakers.

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Battle of Vahe Imperial Gardens

Today, let us take a look at a tale of resilience, unity, and victory for the people. The Battle of Vahe Imperial Gardens was an epic struggle that showcased the power of collective action against a deceitful real estate developer. In this blog post, we will look into the inspiring story of how consumers joined forces to reclaim their rights, protect their community, and bring justice to those who sought to exploit them.

The Rise of Vahe Imperial Gardens: 

Vahe Imperial Gardens, a once-promising housing project, had captured the dreams of numerous families seeking their own piece of heaven. With grand promises of luxurious amenities, lush greenery, and a serene lifestyle, the real estate developer lured in potential buyers from all walks of life. Excitement and anticipation filled the air as people eagerly invested their hard-earned savings into what they believed was their future sanctuary.

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Admissibility of Refund Despite Delay: Rule 96A

Today, we will take a look  into a critical aspect of consumer rights and government regulations in the context of refunds. Rule 96A is a game-changer that ensures that consumers have recourse even if there is a delay in receiving their refunds. In this blog post, we will explore the significance of Rule 96A and shed light on its impact on consumer protection and business practices.

Understanding Rule 96A: 

Rule 96A, a significant addition to consumer protection laws, addresses the issue of delayed refunds faced by consumers in various industries. It was introduced as a measure to safeguard the interests of customers and create a fair and transparent refund process.

The Plight of Delayed Refunds: 

Picture this: you make a purchase, but due to unforeseen circumstances, the product or service fails to meet your expectations. You request a refund, hoping for a swift resolution. Yet, days turn into weeks, and weeks turn into months, leaving you frustrated and financially burdened. Until recently, many consumers faced this ordeal without any legal recourse.

The Emergence of Rule 96A: 

Recognizing the need for a better system, consumer rights advocates and lawmakers collaborated to formulate Rule 96A. This rule aims to enforce a stricter timeline for businesses to process refunds and protect consumers from undue delays.

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Simplifying LLP Compliance:Forms Business Owner Should Know

Limited Liability Partnerships (LLPs) offer a compelling business structure that combines the benefits of a traditional partnership with the liability protection of a corporation. However, like any other business entity, LLPs are subject to compliance requirements to maintain their legal status. In this blog post, we will explore the important forms that LLPs must be familiar with to ensure smooth operations and stay in line with legal regulations.

LLP Agreement: 

The LLP Agreement is the foundational document that governs the relationship between partners, their rights, responsibilities, and profit-sharing arrangements. It is essential to draft a comprehensive and well-defined LLP Agreement during the formation of the LLP. This document serves as a crucial reference point for resolving disputes and setting the groundwork for the LLP's future growth.

LLP Incorporation Form: 

To establish an LLP, the first step is to file an LLP Incorporation Form with the Registrar of Companies (RoC). This form typically includes information about the LLP's name, registered office address, partners' details, and designated partners' consent. It is vital to ensure accurate and up-to-date information while submitting this form.

LLP Annual Return (Form 11): 

LLPs are required to file an Annual Return (Form 11) with the RoC. This form includes essential details like the LLP's financial statements, partners' details, and changes, if any, that occurred during the financial year. Timely submission of the Annual Return is crucial to maintain compliance and avoid penalties.

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The Evolution of Online Bill Generators with GST: 

The evolution of online bill generators with GST has transformed the way businesses handle their billing processes. In today's fast-paced, digitally-driven business world, the importance of efficient and accurate billing processes cannot be overstated. Traditional methods of generating bills can be time-consuming and prone to errors, leading to delays and potential financial discrepancies. This is where online bill generators with Goods and Services Tax (GST) come into play, revolutionizing the way businesses handle their billing processes.

The Significance of Online Bill Generators for Businesses

Online bill generators have emerged as essential tools for businesses, providing a streamlined and automated approach to generating invoices. These platforms offer numerous benefits, such as increased efficiency, reduced costs, and improved accuracy. By automating the billing process, businesses can focus on other critical aspects of their operations, ensuring smoother financial transactions and customer satisfaction.

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A Detailed Overview on highlights of the 50th GST Council Meeting

The 50th GST Council meeting, led by Union Finance Minister Nirmala Sitharaman, was held on July 11, 2023, at Vigyan Bhawan, New Delhi. This meeting focused on rate decisions, clarifications, and recommendations related to GST on goods and services. In this blog post, we will delve into the highlights of the 50th GST Council meeting and explore the key takeaways.

Recommendations with regard to GST on goods

Reduction of GST rates on specific goods

1. Uncooked/unfried snack pellets: Rate reduced from 18% to 5%. 2. Fish soluble paste: Rate reduced from 18% to 5%. 3. Imitation zari threads/yarn: Rate reduced from 12% to 5%. 4. LD slag: Rate reduced from 18% to 5% to be at par with blast furnace slag and fly ash.

IGST exemption on certain medicines and FSMP

1. Dinutuximab (Quarziba) medicine imported for personal use.

2. Medicines and FSMP used in the treatment of rare diseases when imported by Centres of Excellence for Rare Diseases or any recommended person/institution.

Clarification on the taxable nature of supply

Supply of raw cotton by agriculturists to cooperatives, including kala cotton, is taxable under reverse charge mechanism.

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Place of Supply for Services of Immovable Property

In international trade and commerce, the concept of the place of supply plays a crucial role in determining the taxation and regulatory framework for various goods and services. When it comes to services related to immovable property, understanding the rules and regulations surrounding the place of supply becomes particularly important. This blog aims to focus on the essential aspects of the place of supply for services of immovable property, providing a comprehensive understanding of this.

What is the Place of Supply?

The place of supply refers to the jurisdiction where a service is considered to be provided for taxation purposes. It determines which country's tax laws and regulations apply to a particular transaction. For services related to immovable property, such as construction, renting, or consulting services, determining the place of supply becomes crucial for correctly applying taxes and complying with legal requirements.

General Rule for Place of Supply of Services: 

The general rule for determining the place of supply of services of immovable property is based on the location of the property itself. In most cases, the supply of services is considered to be made at the place where the immovable property is situated. This means that the tax laws and regulations of the country in which the property is located will be applicable.

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The Place of Supply for Telecommunication Services

In today's interconnected world, telecommunications services play a vital role in connecting people and businesses across geographical boundaries.  it is essential to know about the telecommunications industry. One crucial aspect that deserves attention is the concept of the "Place of Supply" for telecommunication services. In this blog post, we will explore what the Place of Supply is, its significance, and how it affects the taxation and regulatory framework in the telecommunications sector.

Defining the Place of Supply:

The Place of Supply refers to the location where a particular service is considered to be provided for tax purposes. It determines the jurisdiction under which the service is subject to taxation, regulatory compliance, and reporting obligations. For telecommunication services, the Place of Supply is of utmost importance due to the nature of these services, which are often delivered remotely.

Determining the Place of Supply:

The Place of Supply for telecommunication services can be determined through various criteria. One common method is to identify the location of the recipient of the service. However, this approach may not always be straightforward, especially in situations where the service involves multiple parties or the recipient is not clearly identifiable.

To address these complexities, many countries have established specific rules and guidelines for determining the Place of Supply of telecommunication services. These rules often consider factors such as the physical location of network infrastructure, the billing address of the recipient, the location of the SIM card or the device, and the intended use or consumption of the service.

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Challenges and concerns surrounding e-Invoicing

e-Invoicing was first introduced on October 1, 2020, by the Indian government. for taxpayers with a turnover over Rs. 500 crore. Now, the mandatory e-Invoicing is applicable to taxpayers with a turnover of more than Rs. 5 crore as of August 1, 2023.

So, it is important for business owners to stay updated on e-Invoicing. In this article lets know more about mandatory e-Invoicing. The issues and concerns surrounding the e-Invoicing system.

Crucial changes to the ERP system and integration: 

Integrating enterprise resource planning (ERP) systems with the Invoice Registration Portal (IRP), GST Suvidha Provider (GSP), and Application Suvidha Provider (ASP) is vital for the smooth flow of invoice data. However, customizing ERPs to align with the standard e-invoice schema can be a complex task. Non-integration may pose challenges for companies dealing with large invoice volumes, emphasizing the need for seamless integration to ensure compliance.

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Avoid e-Invoicing scams by checking vendor compliance

According to economic times, by 2020, India was losing 75,000 crores due to tax evasion. In an effort to combat tax evasion and promote transparency in business transactions, the government of India has implemented e-invoicing. With real-time data availability and authentication of invoices through the Invoice Registration Portal, the scope for fake invoices has significantly reduced, enabling the claiming of genuine Input Tax Credits. To ensure compliance and claim eligible credits, buyers must verify whether their suppliers are e-invoicing compliant. In this blog post, we will discuss the steps buyers can take to check if a GSTIN (Goods and Services Tax Identification Number) is required to raise an e-invoice and how to determine if e-invoicing is enabled for a particular GSTIN.

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Amendment and cancellation of e-Invoice 

e-invoicing has changed the way businesses manage their invoicing processes. By automating the filing and reporting of invoices, the e-Invoicing system brings many benefits. It also includes improved controls against tax evasion for tax authorities. In this blog post, we will explore more about the IRN and the process of amending and canceling e-invoices.

Functions of IRP

Firstly, IRP means Invoice Registration Portal that is responsible for authenticating e-invoices. It also ensures compliance with the prescribed format and parameters, and verifying the uniqueness of the IRN. The IRP operates separately from the GST portal, upon successful validation. It forwards the invoice details to the GST portal.

Any e-invoice is a digital invoice generated using a specific format and assigned a unique Invoice Reference Number (IRN) through a hash generation algorithm.

This process can be carried out either by the taxpayer or by uploading the invoice to the IRP. For taxpayers with an annual turnover of Rs.100 crore or more, it is mandatory to report tax invoices and credit-debit notes to the IRP. That must be done within 7 days of issuance, starting from 1st May 2023, as per the GSTN advisory. 

However, on 6th May 2023, the department decided to defer the reporting deadline by three months for old e-invoices. The new implementation date for reporting old e-Invoices is yet to be announced.

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An Introduction to e-Invoicing under 10 minutes

E-Invoicing under GST means creating electronic invoices as per the GST law. Just like how businesses use e-way bills for moving goods. Certain GST-registered businesses need to generate e-invoices for their transactions. This e-Invoicing has begun as a mandate for businesses exceeding 500 crore turnover. Now, extending to businesses with 5 crore turnover.

Time limit to generate e-Invoice

As of April 30, 2023, there was no specific time limit imposed by the GST systems for generating e-invoices in India. However, starting from May 1, 2023, a new requirement was introduced for taxpayers with an AATO equal to or exceeding INR 100 crore. These taxpayers now need to generate e-invoices for their tax invoices and credit-debit notes within 7 days of the invoice date. Failure to comply with this timeline will result in such invoices and CDNs being considered non-compliant.

On May 6, 2023, the department decided to defer the implementation of the 7-day time limit. For reporting old e-invoices on the IRP time limit was extended by three months. To provide businesses with additional time to adjust to the new reporting requirements. Also, there is still no defined time limit or period within which e-invoices must be generated for other applicable taxpayers.

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Ineligible ITC Section 16(4) of CGST Act

According to economic times by 2018 there are 1.03 crore GST Registered businesses. In this GST system one of the key aspect that simplify the tax regime and benefits the tax payers is ITC. This allows taxpayers to offset the tax paid on inputs against the tax liability on outputs. So, this blog explores the Section 16(4) of the CGST Act, 2017. Which presents a challenge for taxpayers to avail ITC within the time limit.

Section 16(4) and its Implications

Section 16(4) of the CGST Act, 2017, governs the time limit for availing ITC. According to this provision, taxpayers cannot claim ITC for invoices or debit notes. That are issued after the thirtieth day of November. Following the end of the financial year to which they pertain or the filing of the relevant annual return, whichever comes first.

While this condition seems reasonable in the normal course of business. It becomes problematic when taxpayers face unforeseen circumstances such as cancellation of their GST registrations.

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