Read Deloitte India's Indirect Tax Newsletter to stay updated with important judgments/advance rulings passed under the Goods and Services Tax (GST), Customs, Central Excise, and Service Tax available in public domain. We have also covered the updates from indirect tax perspective.
INCOME TAX – INTERNATIONAL TAXATION
Tax Residency Certificate – DTAA Benefits
The Punjab and Haryana High Court, has held that Tax Residency Certificate issued by a foreign country can be considered valid for the purpose of claiming benefit under the Indo – Mauritius DTAA. The Court reversed the AAR Ruling and relied upon CBDT Circular No. 789 to the effect that certificate of residence issued by the Mauritius Authorities constitute sufficient evidence for residential status.
Weekly Tax Newsletter 07-06-2020- N Pahilwani & AssociatesNitin Pahilwani
The document discusses self-invoicing under the GST regime. Self-invoicing is required when goods or services are purchased from an unregistered supplier and the liability to pay tax is under reverse charge. Since the unregistered supplier cannot issue a GST invoice, the recipient must issue a self-invoice for documenting the tax liability and availing input tax credit. The key details are:
1. Self-invoicing is required for purchases covered under reverse charge as per Sections 9(3), 9(4) of the CGST Act and Sections 5(3), 5(4) of the IGST Act.
2. The recipient must issue an invoice within 30 days for goods and 60 days for services from
TransPrice Times - October & November 2017Akshay KENKRE
Dear Members,
We are pleased to present TransPrice Times for the month of October & November 2017.
This periodical covers key court rulings on the issues of entity level approach over transactional approach, treaty benefits, receivables from an associated enterprise, royalty & TDS provisions, and real income theory. Apart from this, recent news relating to India's stand on MAP and bilateral APA applications has been discussed in the periodical.
Thank You and Happy Reading!!
The document provides a taxation update with the following key information:
1. It summarizes recent notifications and circulars from the government regarding inverted duty refunds, transitional credit claims, and changes replacing the National Anti-Profiteering Authority with the Competition Commission of India.
2. It outlines recent case laws around who qualifies as an intermediary under GST, whether a lessee can transfer the right to use goods, and eligibility for IGST exemption on EPCG imports.
3. It summarizes advance rulings regarding availability of ITC for CSR expenses, applicability of GST on recovery of diesel costs for DG set rentals, and GST liability under reverse charge for suppliers of
1. The document summarizes key updates from the Tax Bulletin of June 2020 regarding direct tax matters in India.
2. It discusses two judicial cases - in the first case, the ITAT held that no disallowance under section 14A can be made if the assessee has not earned any tax-exempt income. In the second case, the ITAT allowed depreciation on the cost of a golf course by considering it as "plant and machinery".
3. It also summarizes three circulars/notifications issued by the CBDT - reduction of TDS/TCS rates and extension of various compliance due dates in light of COVID-19; deferring new procedures for approval/registration
The document provides a summary of recent indirect tax judicial precedents from June 2016. Some key highlights include:
- The High Court struck down service tax audit rules and circulars as being ultra vires the Finance Act.
- In the absence of rules to identify the service element, no service tax can be levied on composite contracts involving land or immovable property.
- It is not compulsory under service tax law to claim unconditional exemptions. Exemptions do not need to be claimed.
- Incentives or volume discounts received from media owners are not consideration for services and not liable to service tax.
- Cenvat credit can be claimed even if the process carried out on
This document summarizes a Supreme Court of Pakistan case regarding a sales tax dispute from 1995-96 that was appealed through various levels over 28 years. The initial audit found that M/s Qadbros Engineering claimed input tax adjustments on purchases from its alleged sister company M/s Qadri Brothers. Tribunal members disagreed on whether input tax was allowable. The appellate tribunal partly allowed the appeal but made no findings on the company relationship. The Supreme Court found the department did not prove the companies were related due to lack of SECP records. The main issue was whether M/s Qadri Brothers' invoices improperly allowed M/s Qadbros' input tax claims, but invoices alone did not prohibit deductions if legal.
Tax weekly 19 july-2020- N Pahilwani and AssociatesNitin Pahilwani
This document provides a summary of updates related to GST and income tax for the week of July 19th, 2020.
Some key updates include:
1) The CBIC has granted deemed approval for pending GST registration applications and extended the due date for filing GSTR-4 returns for financial year 2019-20 to August 31st, 2020.
2) Several advance rulings addressed the classification and taxation of various supplies such as reimbursements, charges by chit companies, rental properties, free supplies, consultancy services and medicines supplied by hospitals.
3) The new Form 26AS will display additional transaction details to facilitate voluntary tax compliance and ease of income tax filing.
4) The
INCOME TAX – INTERNATIONAL TAXATION
Tax Residency Certificate – DTAA Benefits
The Punjab and Haryana High Court, has held that Tax Residency Certificate issued by a foreign country can be considered valid for the purpose of claiming benefit under the Indo – Mauritius DTAA. The Court reversed the AAR Ruling and relied upon CBDT Circular No. 789 to the effect that certificate of residence issued by the Mauritius Authorities constitute sufficient evidence for residential status.
Weekly Tax Newsletter 07-06-2020- N Pahilwani & AssociatesNitin Pahilwani
The document discusses self-invoicing under the GST regime. Self-invoicing is required when goods or services are purchased from an unregistered supplier and the liability to pay tax is under reverse charge. Since the unregistered supplier cannot issue a GST invoice, the recipient must issue a self-invoice for documenting the tax liability and availing input tax credit. The key details are:
1. Self-invoicing is required for purchases covered under reverse charge as per Sections 9(3), 9(4) of the CGST Act and Sections 5(3), 5(4) of the IGST Act.
2. The recipient must issue an invoice within 30 days for goods and 60 days for services from
TransPrice Times - October & November 2017Akshay KENKRE
Dear Members,
We are pleased to present TransPrice Times for the month of October & November 2017.
This periodical covers key court rulings on the issues of entity level approach over transactional approach, treaty benefits, receivables from an associated enterprise, royalty & TDS provisions, and real income theory. Apart from this, recent news relating to India's stand on MAP and bilateral APA applications has been discussed in the periodical.
Thank You and Happy Reading!!
The document provides a taxation update with the following key information:
1. It summarizes recent notifications and circulars from the government regarding inverted duty refunds, transitional credit claims, and changes replacing the National Anti-Profiteering Authority with the Competition Commission of India.
2. It outlines recent case laws around who qualifies as an intermediary under GST, whether a lessee can transfer the right to use goods, and eligibility for IGST exemption on EPCG imports.
3. It summarizes advance rulings regarding availability of ITC for CSR expenses, applicability of GST on recovery of diesel costs for DG set rentals, and GST liability under reverse charge for suppliers of
1. The document summarizes key updates from the Tax Bulletin of June 2020 regarding direct tax matters in India.
2. It discusses two judicial cases - in the first case, the ITAT held that no disallowance under section 14A can be made if the assessee has not earned any tax-exempt income. In the second case, the ITAT allowed depreciation on the cost of a golf course by considering it as "plant and machinery".
3. It also summarizes three circulars/notifications issued by the CBDT - reduction of TDS/TCS rates and extension of various compliance due dates in light of COVID-19; deferring new procedures for approval/registration
The document provides a summary of recent indirect tax judicial precedents from June 2016. Some key highlights include:
- The High Court struck down service tax audit rules and circulars as being ultra vires the Finance Act.
- In the absence of rules to identify the service element, no service tax can be levied on composite contracts involving land or immovable property.
- It is not compulsory under service tax law to claim unconditional exemptions. Exemptions do not need to be claimed.
- Incentives or volume discounts received from media owners are not consideration for services and not liable to service tax.
- Cenvat credit can be claimed even if the process carried out on
This document summarizes a Supreme Court of Pakistan case regarding a sales tax dispute from 1995-96 that was appealed through various levels over 28 years. The initial audit found that M/s Qadbros Engineering claimed input tax adjustments on purchases from its alleged sister company M/s Qadri Brothers. Tribunal members disagreed on whether input tax was allowable. The appellate tribunal partly allowed the appeal but made no findings on the company relationship. The Supreme Court found the department did not prove the companies were related due to lack of SECP records. The main issue was whether M/s Qadri Brothers' invoices improperly allowed M/s Qadbros' input tax claims, but invoices alone did not prohibit deductions if legal.
Tax weekly 19 july-2020- N Pahilwani and AssociatesNitin Pahilwani
This document provides a summary of updates related to GST and income tax for the week of July 19th, 2020.
Some key updates include:
1) The CBIC has granted deemed approval for pending GST registration applications and extended the due date for filing GSTR-4 returns for financial year 2019-20 to August 31st, 2020.
2) Several advance rulings addressed the classification and taxation of various supplies such as reimbursements, charges by chit companies, rental properties, free supplies, consultancy services and medicines supplied by hospitals.
3) The new Form 26AS will display additional transaction details to facilitate voluntary tax compliance and ease of income tax filing.
4) The
This document provides a summary of various tax law updates across Income Tax, Service Tax, Excise, Customs and VAT for November 2015 from K. Vaitheeswaran & Co., Advocates and Tax Consultants. Key highlights include the Bangalore Tribunal holding that software development and software product companies cannot be comparable for transfer pricing, the Karnataka High Court allowing foreign tax credit on Section 10A income, and the Supreme Court ruling that landing and parking charges for aircraft are not rent.
This document summarizes several transfer pricing cases from the TransPrice Times publication.
The first case discusses Vodafone Essar Digilink Ltd. where the ITAT rejected the use of a foreign comparable transaction to benchmark royalty payments. However, it also rejected the tax officer's argument of nil royalty.
The second case discusses Blue Scope Steel India Private Limited, where the ITAT accepted the taxpayer's argument that seconded employees were on its payroll, so salary reimbursements should be allowed.
The third case discusses Amphenol Interconnect India Private Ltd. where the High Court upheld the Tax Court's use of TNMM over CUP and rejected differences in sales commissions.
The last case
Indirect Tax_ Latest Judicial Precedents July 2016Ashish Chaudhary
This document provides a summary of 18 judicial precedents related to indirect taxes from July 2016. Key points include:
- Input tax credits can be claimed on the gross invoice amount even if goods are sold at a discounted price.
- Activation of SIM cards is considered a service, not a sale, so VAT cannot be levied on it.
- Cost of additional testing done at a customer's request is not includible in assessable value for excise duty.
- Used video cameras imported for business use are considered second-hand capital goods and freely importable.
This document is a newsletter from Utsav Shah & Associates that provides summaries of recent tax law developments in India. It discusses several Circulars and clarifications issued by the Central Board of Direct Taxes regarding issues like indirect transfers, cash transaction reporting requirements, identification of potential non-filers, and the Direct Tax Dispute Resolution Scheme. It also summarizes several important court judgments dealing with issues such as depreciation of goodwill, attribution of profits to a permanent establishment, and the applicability of Section 14A disallowance.
Indirect tax latest judicial precedents december 2015Ashish Chaudhary
The document provides a summary of recent indirect tax judicial precedents from December 2015.
Three key cases are summarized:
1. The High Court held that credit of duty paid for installing telecommunication towers is not eligible as the towers are considered immovable property.
2. The High Court dismissed a writ petition claiming film actors should receive the same tax exemption as native artists, finding the two categories are distinct.
3. The High Court held that recovery proceedings cannot be initiated before an adjudication order determines the demand amount.
The document discusses input tax credit under GST and summarizes key points from AAR rulings on blocked credits.
It covers major conditions for claiming ITC such as payment of tax to the government within 180 days. It discusses Rule 36(4) and Section 16(2)(aa) regarding matching invoices. It summarizes AAR rulings on blocked credits for demo cars, CSR expenses, canteen expenses, and business promotion expenditure.
The document analyzes conditions favorable and unfavorable for claiming ITC in various AAR rulings and points of difference between rulings. It discusses arguments against unfavorable AAR rulings on certain expenditures.
We are pleased to share our June 2022 edition of the GST Bulletin covering recent amendments/ updates in the realm of GST.
This issue covers in detail the following:
1. Judicial Updates
• No GST on services by security manager located outside India for subscription to secured notes placed in USA.
• Concessional GST rate of 0.75% on construction applies to promoter and not to sub-contractor.
• Ocean freight levy violates 'Composite supply' principle under GST.
• Secondment of employees by Overseas Group Company is covered under Manpower Supply & liable to service tax.
• Charitable clubs imparting sports training exempt, however entrance/membership fees taxable.
2. Notifications/ Circulars
• Due date for filing GSTR-3B for April 2022 extended.
• Due date for payment of tax in GST PMT-06 for April 2022 extended.
• Late fee for delay in filing of Form GSTR-4 waived off.
3. GST Compliance Calendar for June 2022
TransPrice Times 17th - 30th April 2015Akshay KENKRE
Dear Readers,
We present ‘TransPrice Times’ for the second fortnight of April 2015. It provides you with the highlights on range of transfer pricing issues like transactions of intra-group services, selection of comparable and multiple year data which has far-reaching implications in Indian Transfer Pricing landscape.
Trust you will find it useful.
Happy reading !!!
Presentation on GST Transitional Credits - Disputes & Way ForwardTaxmann
Topics Covered in this Presentation:
1. Background of Transitional provisions
A. Different circumstances under Section 140
2. Practical Issues
A. Judgments on Transitional Credits
B. Deemed Credit
3. Impact of transitional provisions amendment
Here we are with the Thirtieth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in thecontents. We would very much
appreciate your feedback which consistently helps us in improving and upgrading the contents.
Dear Members,
We are pleased to present TransPrice Times for the first fortnight of April 2017.
This periodical covers some key aspects from transfer pricing and international taxation, including rulings on foreign tax credit, royalties, benefit test and withholding taxes. For all the innovators, it is important to note the release of Form No. 3CFA for obtaining tax relief under patent box regime under S. 115BBF of the Income-tax Act 1961.
We would be happy to know your suggestions. You can write to us at akshaykenkre@transprice.in
Thank You and Happy Reading!!
Dear Patron
Here we are with the Twenty Sixth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in the contents. We would very much appreciate your feedback which consistently helps us in improving and upgrading the contents.
Thanks and regards,
Knowledge Management Team
S.P.Nagrath & Co.
This document provides a summary of recent taxation updates in India covering direct and indirect tax laws. It discusses key issues from recent case laws pertaining to direct and indirect taxes. Some of the direct tax issues covered in the document include transactions involving bogus shares being treated as a colorable device, rejection of a writ petition where an alternate remedy was available, allowing a writ petition for violation of principles of natural justice, and organizing the Indian Premier League not being considered a dilution of fundamental charitable objects. The document also provides summaries of recent advance tax rulings and notifications.
TransPrice Times - 16th - 28th February 2018Akshay KENKRE
Dear Members,
We are pleased to present to you ‘TransPrice Times – edition 16th - 28th February 2018’.
This periodical covers key court rulings on Transfer Pricing documentation, attribution of income to a permanent establishment; and advertising, marketing & promotion expenses. Apart from this, recent news relating to Advance Pricing Agreements and OECD updated guidance on Country-by-Country Reporting have been discussed in the periodical.
Thank You and Happy Reading!!
The document discusses various transitional provisions under GST relating to input tax credit (ITC). Section 140 provides for ITC on taxes paid under previous laws including CENVAT credit carried forward and unavailed credit on capital goods. It also allows credit of eligible duties on inputs held in stock or contained in final products on the appointed GST date. Certain conditions must be satisfied for claiming this ITC. If conditions are not met, deemed credit will be allowed at a prescribed rate subject to specified limitations and safeguards. Precautions for availing ITC and deemed credit provisions are also summarized.
The document discusses various case studies related to tax deduction at source (TDS) under the Indian Income Tax Act and analyzes related legal issues and case laws. It covers topics like TDS on salary, interest, rent, technical services fees, etc. and discusses whether the relevant sections were applicable in each case and if penalties for non-deduction/short deduction of TDS were justified. It also briefly discusses some other related topics like consequences of failure to deduct TDS and provisions for disallowance of expenses if TDS is not deducted.
India economic outlook _ Deloitte Insights.pdfaakash malhotra
India’s GDP took a big leap on Leap Day in 2024: The country’s remarkable growth rate of 8.4% in the third quarter of the fiscal year 20241 surpassed all expectations, as market analysts had penciled in a slower growth this quarter, between 6.6% and 7.2%. Deloitte’s projected growth for the quarter was between 7.1% and 7.4% (as published in January 2024). With substantial revisions to the data from the past three quarters of the fiscal year, India’s GDP growth already touched 8.2% year over year (YoY) in these quarters.
Now in its fourth year, Deloitte’s Women @ Work report examines some of the critical workplace and societal factors that have a profound impact on women’s careers. Representing the views
of 5,000 women from organizations across 10 countries, the report seeks to understand the lived experiences of women at work—and the ways in which aspects of their lives outside work can
impact these experiences. Past reports were dominated by the negative impacts of the pandemic and the resulting challenges as we emerged from it. This year’s report continues to explore
these issues, while also delving deeper into women’s experiences with their health, safety, rights, and household responsibilities.
This document provides a summary of various tax law updates across Income Tax, Service Tax, Excise, Customs and VAT for November 2015 from K. Vaitheeswaran & Co., Advocates and Tax Consultants. Key highlights include the Bangalore Tribunal holding that software development and software product companies cannot be comparable for transfer pricing, the Karnataka High Court allowing foreign tax credit on Section 10A income, and the Supreme Court ruling that landing and parking charges for aircraft are not rent.
This document summarizes several transfer pricing cases from the TransPrice Times publication.
The first case discusses Vodafone Essar Digilink Ltd. where the ITAT rejected the use of a foreign comparable transaction to benchmark royalty payments. However, it also rejected the tax officer's argument of nil royalty.
The second case discusses Blue Scope Steel India Private Limited, where the ITAT accepted the taxpayer's argument that seconded employees were on its payroll, so salary reimbursements should be allowed.
The third case discusses Amphenol Interconnect India Private Ltd. where the High Court upheld the Tax Court's use of TNMM over CUP and rejected differences in sales commissions.
The last case
Indirect Tax_ Latest Judicial Precedents July 2016Ashish Chaudhary
This document provides a summary of 18 judicial precedents related to indirect taxes from July 2016. Key points include:
- Input tax credits can be claimed on the gross invoice amount even if goods are sold at a discounted price.
- Activation of SIM cards is considered a service, not a sale, so VAT cannot be levied on it.
- Cost of additional testing done at a customer's request is not includible in assessable value for excise duty.
- Used video cameras imported for business use are considered second-hand capital goods and freely importable.
This document is a newsletter from Utsav Shah & Associates that provides summaries of recent tax law developments in India. It discusses several Circulars and clarifications issued by the Central Board of Direct Taxes regarding issues like indirect transfers, cash transaction reporting requirements, identification of potential non-filers, and the Direct Tax Dispute Resolution Scheme. It also summarizes several important court judgments dealing with issues such as depreciation of goodwill, attribution of profits to a permanent establishment, and the applicability of Section 14A disallowance.
Indirect tax latest judicial precedents december 2015Ashish Chaudhary
The document provides a summary of recent indirect tax judicial precedents from December 2015.
Three key cases are summarized:
1. The High Court held that credit of duty paid for installing telecommunication towers is not eligible as the towers are considered immovable property.
2. The High Court dismissed a writ petition claiming film actors should receive the same tax exemption as native artists, finding the two categories are distinct.
3. The High Court held that recovery proceedings cannot be initiated before an adjudication order determines the demand amount.
The document discusses input tax credit under GST and summarizes key points from AAR rulings on blocked credits.
It covers major conditions for claiming ITC such as payment of tax to the government within 180 days. It discusses Rule 36(4) and Section 16(2)(aa) regarding matching invoices. It summarizes AAR rulings on blocked credits for demo cars, CSR expenses, canteen expenses, and business promotion expenditure.
The document analyzes conditions favorable and unfavorable for claiming ITC in various AAR rulings and points of difference between rulings. It discusses arguments against unfavorable AAR rulings on certain expenditures.
We are pleased to share our June 2022 edition of the GST Bulletin covering recent amendments/ updates in the realm of GST.
This issue covers in detail the following:
1. Judicial Updates
• No GST on services by security manager located outside India for subscription to secured notes placed in USA.
• Concessional GST rate of 0.75% on construction applies to promoter and not to sub-contractor.
• Ocean freight levy violates 'Composite supply' principle under GST.
• Secondment of employees by Overseas Group Company is covered under Manpower Supply & liable to service tax.
• Charitable clubs imparting sports training exempt, however entrance/membership fees taxable.
2. Notifications/ Circulars
• Due date for filing GSTR-3B for April 2022 extended.
• Due date for payment of tax in GST PMT-06 for April 2022 extended.
• Late fee for delay in filing of Form GSTR-4 waived off.
3. GST Compliance Calendar for June 2022
TransPrice Times 17th - 30th April 2015Akshay KENKRE
Dear Readers,
We present ‘TransPrice Times’ for the second fortnight of April 2015. It provides you with the highlights on range of transfer pricing issues like transactions of intra-group services, selection of comparable and multiple year data which has far-reaching implications in Indian Transfer Pricing landscape.
Trust you will find it useful.
Happy reading !!!
Presentation on GST Transitional Credits - Disputes & Way ForwardTaxmann
Topics Covered in this Presentation:
1. Background of Transitional provisions
A. Different circumstances under Section 140
2. Practical Issues
A. Judgments on Transitional Credits
B. Deemed Credit
3. Impact of transitional provisions amendment
Here we are with the Thirtieth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in thecontents. We would very much
appreciate your feedback which consistently helps us in improving and upgrading the contents.
Dear Members,
We are pleased to present TransPrice Times for the first fortnight of April 2017.
This periodical covers some key aspects from transfer pricing and international taxation, including rulings on foreign tax credit, royalties, benefit test and withholding taxes. For all the innovators, it is important to note the release of Form No. 3CFA for obtaining tax relief under patent box regime under S. 115BBF of the Income-tax Act 1961.
We would be happy to know your suggestions. You can write to us at akshaykenkre@transprice.in
Thank You and Happy Reading!!
Dear Patron
Here we are with the Twenty Sixth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in the contents. We would very much appreciate your feedback which consistently helps us in improving and upgrading the contents.
Thanks and regards,
Knowledge Management Team
S.P.Nagrath & Co.
This document provides a summary of recent taxation updates in India covering direct and indirect tax laws. It discusses key issues from recent case laws pertaining to direct and indirect taxes. Some of the direct tax issues covered in the document include transactions involving bogus shares being treated as a colorable device, rejection of a writ petition where an alternate remedy was available, allowing a writ petition for violation of principles of natural justice, and organizing the Indian Premier League not being considered a dilution of fundamental charitable objects. The document also provides summaries of recent advance tax rulings and notifications.
TransPrice Times - 16th - 28th February 2018Akshay KENKRE
Dear Members,
We are pleased to present to you ‘TransPrice Times – edition 16th - 28th February 2018’.
This periodical covers key court rulings on Transfer Pricing documentation, attribution of income to a permanent establishment; and advertising, marketing & promotion expenses. Apart from this, recent news relating to Advance Pricing Agreements and OECD updated guidance on Country-by-Country Reporting have been discussed in the periodical.
Thank You and Happy Reading!!
The document discusses various transitional provisions under GST relating to input tax credit (ITC). Section 140 provides for ITC on taxes paid under previous laws including CENVAT credit carried forward and unavailed credit on capital goods. It also allows credit of eligible duties on inputs held in stock or contained in final products on the appointed GST date. Certain conditions must be satisfied for claiming this ITC. If conditions are not met, deemed credit will be allowed at a prescribed rate subject to specified limitations and safeguards. Precautions for availing ITC and deemed credit provisions are also summarized.
The document discusses various case studies related to tax deduction at source (TDS) under the Indian Income Tax Act and analyzes related legal issues and case laws. It covers topics like TDS on salary, interest, rent, technical services fees, etc. and discusses whether the relevant sections were applicable in each case and if penalties for non-deduction/short deduction of TDS were justified. It also briefly discusses some other related topics like consequences of failure to deduct TDS and provisions for disallowance of expenses if TDS is not deducted.
India economic outlook _ Deloitte Insights.pdfaakash malhotra
India’s GDP took a big leap on Leap Day in 2024: The country’s remarkable growth rate of 8.4% in the third quarter of the fiscal year 20241 surpassed all expectations, as market analysts had penciled in a slower growth this quarter, between 6.6% and 7.2%. Deloitte’s projected growth for the quarter was between 7.1% and 7.4% (as published in January 2024). With substantial revisions to the data from the past three quarters of the fiscal year, India’s GDP growth already touched 8.2% year over year (YoY) in these quarters.
Now in its fourth year, Deloitte’s Women @ Work report examines some of the critical workplace and societal factors that have a profound impact on women’s careers. Representing the views
of 5,000 women from organizations across 10 countries, the report seeks to understand the lived experiences of women at work—and the ways in which aspects of their lives outside work can
impact these experiences. Past reports were dominated by the negative impacts of the pandemic and the resulting challenges as we emerged from it. This year’s report continues to explore
these issues, while also delving deeper into women’s experiences with their health, safety, rights, and household responsibilities.
Now in its fourth year, Deloitte’s Women @ Work report examines some of the critical workplace and societal factors that have a profound impact on women’s careers. Representing the views
of 5,000 women from organizations across 10 countries, the report seeks to understand the lived experiences of women at work—and the ways in which aspects of their lives outside work can
impact these experiences. Past reports were dominated by the negative impacts of the pandemic and the resulting challenges as we emerged from it. This year’s report continues to explore
these issues, while also delving deeper into women’s experiences with their health, safety, rights, and household responsibilities.
Operational Transfer Pricing (OTP) – Delivering future solutionsaakash malhotra
While TP policies are set by tax teams, implementation responsibility lies with finance
function, which may result in data definition gaps
• With different finance personnel working on different entities, the TP policies / cost
allocation logics may not be consistently applied to all the entities within the Group
• Manual computations are prone to errors; increasing the TP risk significantly
• Legal entity P&L
New criminal laws— Future of criminal justice system in Indiaaakash malhotra
The three new criminal laws, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, which replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively, will come into force from 1 July this year
Evolving Technology Trends Is your bank ready for tomorrow?aakash malhotra
Banks around the world have been
racing to catch up with the ever-evolving
technological trends shaping the way they
operate and serve their clients.
Prior to COVID-19, the Middle East
financial services industry was evolving
at a measured pace, driven by changing
customer expectations, heightened
competition from incumbents and
new entrants, evolving regulations, and
advancements in technology. In a matter
of weeks, COVID-19 upended those
conventions
With the advent of the digital era, technology has continued to be the primary catalyst in shaping the world, and has led to an unprecedented amount of change, both at work and at home. As a result of the pandemic, there has been a significant impact that has begun to break the inertia of digital adoption due to several government policies and initiatives, driving the adoption of emerging technologies across various industries
E VOLVING STRATEGIC BUSINESS imperatives, trends, and disrupters are driving a seismic shift in the way IT organizations operate. This report-part of a series exploring the merger of business and technology strategies and the reimag- ination of technology's role in the business-aims to address fundamental questions about the future of work in technology
Toward True Organizational Resilience | Deloitte’s Global Resilience Reportaakash malhotra
Deloitte's Global Resilience Report for insights into how organizations worldwide are navigating challenges and building resilience in an ever-evolving landscape.
Risk Advisory’s new narrative Mitigate risks effectivelyaakash malhotra
Deloitte's India risk advisory services to fortify your business resilience. Deloitte offers expert insights and solutions to mitigate risks effectively.
India Banking Fraud Survey Edition IV - Deloitteaakash malhotra
Deloitte's India Banking Fraud Survey Edition IV for insights into the latest trends and challenges in the financial industry. Explore strategies to combat fraud risks. #BankingFraud #DeloitteSurvey
Deloitte's Sustainability Perspectives for valuable insights on monitoring and enhancing sustainability practices. Download the PDF for expert perspectives on sustainable business strategies.
Delve into the key findings and interesting facts on building organizational resilience from the Deloitte Global Resilience Report. Learn how to build a path towards organizational resilience and see why it is important to have organizational resilience. Discover the whole new world of opportunities that abound. Check out the report now!
Deloitte Risk Advisory New Narrative takes you from your 'now' to your 'next'. The detailed report gives us a snapshot of building and shaping businesses that can sustain and grow in an increasingly unpredictable world. It also covers Deloitte’s proprietary tools, enablers, market offerings, etc. Check out the report now!
Yearly Status of School Education in states and union territories of India - ...aakash malhotra
The CII-Deloitte Report on School Education, titled Yearly Status of School Education (YeSSE), is conceptualized to present school sector information in a simplified way, providing a snapshot of the status of school education in each state andunion territory. It also provides insights on focused school education themes.
Annual Status of Higher Education (ASHE), 2023 In states and union territorie...aakash malhotra
Indian higher education is at an inflection point. Explore Deloitte's insightful report in collaboration with CII on the Annual Status of Higher Education (ASHE), 2023, which offers in-depth insights into the key themes and developments made in the HEIs in India. Discover the key statistics, trends, the impact of national education policy, and much more.
Deloitte Tech Trends 2023 is a comprehensive report that delves into the impact of adopting new-age technologies on ground-breaking innovations and foundational business industries such as BFSI, health care and pharmaceuticals, e-commerce, retail, and manufacturing. This report outlines expected trends that can disrupt businesses.
The global economy remains fragile going into 2023. There are possibilities of mild recession and stagflation in some economies. Deloitte 2023 Banking & Capital Markets Outlook shares comprehensive overview insights into the Banking and Capital market segments. Uncover about Retail Banking: Envisioning new ways to serve and engage with customers, Consumer Payments- build deeper financial relationships beyond transaction flows.
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Deloitte - Indirect Tax Newsletter
1. We are delighted to share a few important judgments/advance rulings passed under the Goods and Services Tax (GST),
Customs, Central Excise, and Service Tax available in public domain from March to April 2022. This issue also covers
some of the updates from indirect tax perspective as well.
Goods and Services Tax
Indirect Tax Newsletter
Updates: Indirect tax judgments
M/s Shivaco Associates & Another vs. Joint Commissioner of State Tax, Directorate of Commercial
Taxes & Ors.
2022-VIL-209-CAL
The petitioner was engaged in the business of purchasing LPG gas in bulk through a tanker (taxable at 18 percent)
and thereafter, filling it in bottles/cylinders for supplying to customers at applicable GST rates. As the rate of
output tax on domestic LPG was 5 percent, the petitioner filed a refund claim on account of inverted duty
structure. The refund was rejected by the revenue authorities on the ground that a circular issued in March 2020
prescribed that taxpayers cannot claim refund on account of the inverted duty structure where input and output
supplies remain unchanged. The Calcutta High Court observed that the GST law provides that refund is permissible
in respect of all classes where the input tax is higher than the output tax. By way of the circular, the said benefit is
being curtailed and making refund permissible only if input and output supplies are different. A circular is issued
only for the purpose of bringing uniformity in the implementation of the law. As the wordings of the law are clear
and unambiguous, refund under the inverted duty structure would be allowed in all cases where the input tax is
more than the output tax. Therefore, the order rejecting the refund was set aside.
2. Indirect tax newsletter
M/s BMW India Pvt. Ltd.
2022-VIL-17-AAAR
The appellant approached the Haryana Appellate Authority for Advance Ruling (AAAR) against the order of the
Haryana Authority for Advance Ruling (AAR) where it was held that as ITC on motor vehicles has been specifically
restricted under the GST law, the appellant was not entitled to avail ITC on demo cars. In appeal, the appellant
submitted that ITC should be admissible on these vehicles as ‘capital goods’ since these are being capitalised in the
books of accounts. In addition, as demo cars are sold after a specified period, they are used for further supply.
Hence, ITC is eligible on them. The AAAR observed that the said cars are first put to a different use (demonstration)
before selling. Therefore, it cannot be said that the motor vehicles were to be used for further supply. Hence, ITC on
demo cars would not be available to the appellant.
M/s New Nalbandh Traders vs. State of Gujarat and 2 Other(s)
2022-TIOL-360-HC-AHM-GST
The revenue authorities blocked the Electronic Credit Ledger (ECL) of the petitioner without providing any reason.
Thereafter, the petitioner was informed that the ECL was blocked due to the purchases made from a suspicious
taxpayer. The petitioner submitted that the Input Tax Credit (ITC) on the supplies from the suspicious taxpayer were
duly reflected in the Form GSTR - 3B, Form GSTR - 2A, and Form GSTR - 2B, respectively. Further, as no reason was
provided for blocking the ECL. The prescribed procedure was not followed, deeming the proceedings illegal. While
relying on various precedents, the Gujarat High Court observed that where the selling dealer has failed to deposit tax,
the remedy for the authorities is to proceed against the defaulting selling dealer to recover such tax and not to deny
the purchasing dealer his input tax credit. Further, in the instant case, the ECL was blocked without providing any
cogent reasons to the petitioner and accordingly, the proceedings were quashed.
R K Transport Pvt. Ltd. vs. The Union of India & Others
TS-96-HC(JHAR)-2022-GST
The petitioner approached the Jharkhand High Court against a demand raised by revenue authorities for recovery of
interest due to a delay in furnishing Form GSTR-3B. The petitioner submitted that the said demand was raised
without initiating any adjudication proceedings under the relevant provisions of GST law. While relying on the
decision of the same Court in the case of Mahadeo Construction Co., the High Court observed that the amount of
interest is not calculated automatically. It has to be informed to the taxpayer upon calculation. If the taxpayer
disputes the liability of interest (either the calculation or the levy of interest), the assessing officer should initiate
proceedings under the relevant provisions of GST law for adjudication of the liability of interest. As it was not done in
the instant case, the demand notice was quashed.
Gamma Gaana Ltd. vs. Union of India and 3 Others
2022-TIOL-361-HC-ALL-GST
The petitioner had filed a refund application for a tax period from April−December 2018 on 31 March 2021. The
application was rejected by the adjudicating authority on the ground of delay. The petitioner approached the
Allahabad High Court assailing the rejection order citing that in terms of an order of the Supreme Court, the period
between 15 March 2020 and 28 February 2022 was excluded for the purposes of limitation as prescribed under any
general or special laws in respect of all judicial or quasi-judicial proceedings. Accordingly, the instant refund
application was filed within the extended period of limitation granted by the Supreme Court. The Court, while
allowing the writ petition, observed that the refund application of the petitioner could not have been rejected by the
adjudicating authority merely on the ground of delay, ignoring the order of the Supreme Court.
3. Indirect tax newsletter
Dhingra Trucking Pvt. Ltd
TS-1268-AAAR(HAR)-2020-GST
The appellant approached the Haryana AAAR against the order of the Haryana AAR holding that the appellant was
not entitled to avail ITC in respect of inputs/capital goods used or intended to be used for creation of covered
logistics facility to be rented out for storage purposes. While relying on the decision of the Orissa High Court in the
case of Safari Retreats, the appellant submitted that ITC is eligible on inputs/capital goods used for construction of
premises intended to be leased out. While upholding the order of the AAR, the Haryana AAAR observed that the
decision of the Orissa High Court has been challenged before the Supreme Court. As the matter has not attained
finality, the decision of the Orissa High Court is not binding and ITC would not be available to the appellant.
Beumer India Pvt Ltd
TS-1265-AAAR(HAR)-2020-GST
The appellant hired motor vehicles on a contract basis to provide transportation facilities to employees in line with
their HR policy at either a nominal cost where vehicles are air conditioned or free of cost otherwise. The Haryana AAR
had held that transportation facilities are services provided by employers and not by employees; it is in the
furtherance of his business. Hence, GST is applicable on the recoveries made from employees. In appeal, the Haryana
AAAR observed that the optional transport facility is optional for employees. Further, providing transport facility by
the Appellant is exclusive of the contractual obligation of the employer in the course of employment. Hence, the
recovery made from the employees for such facility is liable to GST.
Precision Camshafts Ltd.
TS-132-AAR(MAH)-2022-GST
The applicant was engaged in the business of manufacturing camshafts for OEMs located outside India. For
manufacturing such camshafts, the applicant needs tools and patterns according to the specifications of OEMs. For
operational efficiency, the applicant assists overseas OEMs in designing and process planning the manufacturing of
tools. On instructions from OEMs, the applicant identifies and engages a third-party Indian manufacturer to
manufacture the pattern and tools that are then delivered to the applicant on behalf of overseas OEMs. The
applicant approached the Maharashtra AAR on the question as to whether the activity of design and development of
patterns used for manufacturing camshafts is a composite supply (the principal supply being supply of services). The
AAR observed that in the instant case, the applicant is located in India and represents its overseas OEMs. The
applicant was effectively connecting third-party vendors in India with the OEM for supplying patterns and tools to the
applicant on behalf of OEMs. Hence, the conditions for intermediary service are being fulfilled and the activity of
design and development of patterns for manufacturing camshafts was held to be intermediary service.
M/s Carboline India Pvt. Ltd. vs. Commissioner of Customs
2022-TIOL-168-CESTAT-MAD
The appellant had exported certain goods against which an advance authorisation licence was obtained. However,
at the time of export, shipping bills were not generated as advance authorisation shipping bills. The request for
conversion of free shipping bills was rejected by the Commissioner of Customs. The CESTAT Chennai observed that
the relevant provisions of the Customs law do not stipulate any time period to seek amendment of a shipping bill.
Further, the relevant provisions of the law do not require physical examination of goods before export as a pre-
condition to amend shipping bills. Accordingly, the request for conversion of free shipping bills to advance
authorisation scheme shipping bills was allowed.
Customs
4. Indirect tax newsletter
Infosys BPO Ltd. vs. Commissioner of Central Excise and Commissioner, Service Tax
2022-TIOL-272-CESTAT-BANG
Being a 100 percent software export oriented unit, the appellant filed refund claims under the service tax laws.
During the scrutiny of refund claims, certain services were held to be ineligible and refund on them was disallowed
by the revenue authorities. The CESTAT Bangalore observed that as the revenue authorities had not objected to the
availment of credit on input services, refunds on the ground of ineligibility cannot be denied. The CESTAT,
accordingly, allowed the appeal.
Excelpoint Systems India Pvt. Ltd. vs. Commissioner of Service Tax
2022-TIOL-303-CESTAT-BANG
The appellant was providing management and technical support services to the recipient located outside India on a
cost-plus markup basis for which remittance was received in foreign currency. The appellant considered this
arrangement as export of services and filed refund claims before the adjudicating authority. The refunds were
rejected on the ground that the services of the appellant were intermediary. The CESTAT Bangalore observed that
per the agreement of the appellant with the recipient of services, the appellant was neither involved in
sale/purchase of goods nor collection of sale proceeds from customers of the recipient. As no third party was
involved, the CESTAT held that services of the appellant were not intermediary services.
Fun Multiplex Pvt. Ltd. vs. Commissioner of Central Excise, Thane-II
2022-VIL-238-CESTAT-MUM-ST
The appellant was engaged in the business of exhibiting cinematographic films in theatres owned by it or taken on
rent. The appellant acquired a licence to exhibit films at theatres from distributors by entering into agreements and
paid consideration per agreed percentage of box office collection. The revenue authorities raised a demand for
recovery of service tax on the ground that the appellant was providing infrastructure support services to
producers/distributors of films under “support services of business or commerce”. The CESTAT Mumbai observed
that under the agreement, the appellant was merely screening films on a revenue sharing basis. This does not
necessarily imply provision of services, unless relationship of service provider and service recipient is established.
The demand notice was accordingly set aside.
Service Tax
Nu Vista Limited1 (formerly Emami Cement Limited) vs. Commissioner (Appeals), CGST, Central Excise, Raipur
2022-TIOL-280-CESTAT-DEL
The appellant filed refund of accumulated balance of credit on Education Cess (EC) and Secondary and Higher
Education Cess (SHEC,) which was exempted from 1 March 2015 but carried forward in the central excise returns of
the appellant until the introduction of GST. The refund application was rejected on the ground that ascesses were
phased out and no new liability to pay such cesses arose, no vested right can be said to exist in relation to the
accumulated credit of the past. While relying on various precedents, the CESTAT Delhi observed that change of law
cannot be a ground to divest an assessee from this valuable right. The CESTAT allowed the appeal and held that the
appellant is entitled to refund accumulated balance of credit on EC and SHEC.
Central Excise
5. Indirect tax newsletter
Instruction No. 02/2022-GST dated 22 March 2022
CBIC has issued a Standard Operating Procedure (SOP) for the scrutiny of GST returns pertaining to FY 2017-18 and
2018-19. SOPs provide the selection criteria, preparation of a scrutiny schedule, process, and timelines for scrutiny.
These also provide for an indicative list of parameters on which the authorities conduct a scrutiny.
Delhi GST guidelines dated 8 March 2022
The Delhi GST department has issued guidelines to proper officers in respect of blocked credit ledgers wherein the
proper officers have been directed to take steps to finalise the investigation/proceedings of cases where taxpayers’
ITC would have been blocked by the proper officers on account of some mismatches/investigation/non-existence or
receipt of alert notices, etc.
Maharashtra GST Internal Circular dated 25 February 2022
The Maharashtra State Tax Department issued an internal circular providing various clarifications to field officers for
bonafide compliance-related errors committed by taxpayers in FY 2017-18 and 2018-19.
Maharashtra Amnesty Scheme
Amnesty Scheme is introduced vide ‘Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late fee Act
2022’. This scheme provides settlement options for pending dues under various tax laws levied by the state of
Maharashtra. These include central sales tax, Maharashtra VAT and others, before introduction of GST, i.e., pre-GST
era.
Rajasthan Amnesty Scheme
Amnesty Scheme is providing for settlement options for pending dues under various tax laws levied by the state of
Rajasthan. These include Central Sales Tax, Rajasthan VAT, and others for goods, whether subsumed under GST or
not.
Constitution of advisory council for developing a Federal Fiscal Model on revenue and tax (including GST) legislations in
Tamil Nadu
In the budget for FY 2021-22, the government of Tamil Nadu had announced setting up an advisory council to
develop a federal fiscal model. A six-member council has been set up in this regard, which will be headed by Arvind
P. Datar, a senior advocate at the Supreme Court. It will comprise experts on legislation involving revenue and
taxation (including GST).
NASSCOM report for creating a conducive environment under GST for MSMEs selling online
In March 2022, NASSCOM released a report providing recommendations for creating an all-inclusive ecosystem,
along with an e-commerce marketplace under GST for MSMEs. The recommendations include allowing composition
dealers to operate through e-commerce platforms, allowing registration of warehouses of e-commerce operators
on the basis of a single permanent place of business in home state of the seller, permitting a virtual place of
business to streamline GST compliances, etc.
Updates
For more information, please connect with:
Mahesh Jaising Saloni Roy
Deloitte Touche Tohmatsu India LLP Deloitte Touche Tohmatsu India LLP