Jaiswal Amrish And Associates

Jaiswal Amrish And Associates PAN/TAN (CORRECTION/FRESH),Accounts finalization,Bank proposal & analysis statement /Documentatation,E-TDS/TCS(SALARIED/NON SALARIED, INTERNATIONAL TDS)

CAT ICMAI Accounts & Taxation Professional (ACCOUNTS FINALIZATION, GST, CMA DATA, INCOME TAX RETURN, BANK PROPOSAL, ROC COMPLIANCES,DIN KYC,BANK PROPOSAL,CMA RATING,LCM INPUT GST REGISTRATION, GST RETURN FILLING QUATERLY/MONTHLY, PAN/TAN, TDS/TCS RETUN)

15/04/2026

अगर आपको Stage V chronic kidney disease, तो भी GST Returns time से भरिये ..!!

अगर health issues की वजह से, आपका business बंद है , तो भी physical verification में अपने business premises में मिलिए , वार्ना आपका registration cancel हो जायेगा !!

Hello Friends,
This is not a joke, but brief facts of the case before the Honourable Bombay High Court.

The Assessee was a proprietary concern engaged in collecting used plastic PET bottles and supplying them in bulk for recycling. It had obtained GST registration effective from 16.03.2023 and had been discharging tax obligations.

In March 2024, the proprietor was diagnosed with Stage V chronic kidney disease, because of which the business became temporarily non-operational, though returns continued to be filed through the consultant. On 29.05.2024, the Department conducted a field visit and found the business non-operational. On 11.06.2024, a show cause notice was issued under Rule 21(a) alleging that no business was being carried on from the declared place of business, and the registration was suspended from the same date. On 26.06.2024, the Assessee filed a detailed reply manually, and on 27.06.2024, the representative personally appeared and explained that the stoppage was temporary due to the proprietor’s illness. Despite this, the Department passed the cancellation order on 22.08.2024 under Section 29(a) read with Rule 21(a). Thereafter, the Assessee applied for revocation, but another show cause notice dated 27.09.2024 was issued proposing rejection, and an ex parte order dated 10.10.2024 rejected the revocation application on the ground that no reply had been filed.

Whether cancellation of GST registration under Section 29(a) read with Rule 21(a), when the business was temporarily non-operational due to the proprietor’s serious illness, could be sustained when the show cause notices and impugned orders did not contain reasons or deal with the Assessee’s reply.

The Bombay High Court held that this was a genuine case where the proprietor’s serious ill-health had led to the temporary discontinuance of business, but the Department failed to consider that explanation at all. The Court found that neither the show cause notices nor the impugned orders contained any discussion, reasoning, or findings on the Assessee’s reply, and therefore the action was mechanical, standardised, arbitrary and without authority of law. Accordingly, the Court quashed the show cause notices dated 11.06.2024 and 27.09.2024, set aside the cancellation order dated 22.08.2024 and the revocation rejection order dated 10.10.2024, and directed that the setting aside of these orders should result in restoration of the Assessee’s registration. Liberty was, however, given to the Department to initiate fresh proceedings in accordance with law, with proper reasons and a hearing.

G.B. Traders v. Union of India - Bombay High Court
Writ Petition No. 8990 of 2025 | 01-Apr-2026

14/04/2026

Whether the commission paid to PIGMY agents attracts GST under reverse charge?

Pigmy agents = Employees → Services fully exempt under GST Schedule III → Karnataka HC quashes entire demand & SCNs in favour of the Assessee Bank! 🏆

Section 7(2)(a) read with Schedule III Sl. No. 1 treats services by an employee to the employer in the course of employment as neither supply of goods nor services; judicial tests of control, supervision and economic dependence determine employer-employee relationship (Supreme Court precedents).

The Hon’ble Court applied the tests from Indian Banks Association (2001), Dharangadhara, Hussainbhai and Sushilaben cases, examined the Memorandum of Agreement and found pervasive control, security deposit, minimum wages, gratuity and disciplinary oversight – all hallmarks of employment. Pigmy agents do not fit the RBI definition of business facilitators.

HELD: The Court held that pigmy agents are employees of the Assessee; their services fall squarely within the exemption under Section 7(2)(a) read with Schedule III Sl.No.1 and are neither supply of goods nor services. They cannot be treated as business facilitators. Validity of time-extension Notifications was left open. Writ Petition allowed and SCNs quashed.

Services exempt; SCNs quashed.

Precedent Analysis: 📖

INDIAN BANKS ASSOCIATION v. WORKMEN OF SYNDICATE BANK (2001) 3 SCC 36 – Affirmed & relied upon: Pigmy agents/deposit collectors are “workmen”; commission is “wages” under Section 2(rr) ID Act; bank exercises pervasive control – master-servant relationship established.

DHARANGADHARA CHEMICAL WORKS LIMITED v. STATE OF SAURASHTRA 1956 SCC OnLine SC 11 – Relied upon: Prima facie test of employment is employer’s right to control not only the work but the manner of its ex*****on.

HUSSAINBHAI v. ALATH FACTORY THEZHILALI UNION (1978) 4 SCC 257 – Relied upon: Real test is economic control and whether worker labours for the business of another.

SUSHILABEN INDRAVADAN GANDHI v. NEW INDIA ASSURANCE COMPANY LIMITED (2021) 7 SCC 151 – Relied upon: Modern multi-factor test (control, integration into business, economic dependence) applied; all factors taken in totality.

All precedents were affirmed and applied to hold that pigmy agents are employees.

KARNATAKA VIKAS GRAMEENA BANK BELGAUM ROAD vs. DEPUTY COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT-2) NAVANAGAR

Karnataka High Court
WRIT PETITION NO.100806 OF 2024 (T - RES)
08-Apr-2026

08/04/2026

"FINANCIAL CREDIT NOTE"

The Department treats every financial credit note as a taxable supply, which makes zero legal sense...!!!

What is the legal position?
Let's understand through case laws.

1. Andhra Pradesh AAR
1.1 Vedmutha Electricals India Pvt. Ltd. (26-May-2023)

ARR: Assessee need not reverse ITC for financial/commercial credit notes if they pay the reduced supply value after adjusting post-sale discount from supplier plus the original tax charged.

2. Madras High Court
2.1 Supreme Paradise (10-Jan-2024)

When the assessee engaged in retail sales, the supplier's discount affected only the supplier's transaction value. Further sales by the assessee at a discount couldn't be part of the assessee's "transaction value" unless the discount was a subsidy, so the tax order on the discount should be set aside. ARR

2.2 Tvl. Shivam Steels (25-Jun-2024)
Taxable person cannot be held to be providing a service to supplier by taking a discount; it cannot be said that facilitating supplier's volume increase was a service. Such a conclusion by Assessing Authority was erroneous and contrary to GST law; thus, the adjudication order related to reversal of ITC for supplier's credit notes was to be set aside and matter readjudicated.

3. Madhya Pradesh AAR
3.1 Rajesh Kumar Gupta (06-Jan-2022)
A trader can avail ITC of the full GST charged on a supply invoice where the supplier issued a credit note for an early payment discount and target incentive schemes without GST adjustment, and such a discount is neither covered under section 15(3)(b) nor provided in terms of a prior agreement.

Credit Notes issued for early payment discount and target incentive schemes without GST adjustment are not liable to GST as the trader does not provide any service.

4. Karnataka AAR
4.1 Kwality Mobikes Pvt. Ltd. (24-Sep-2019)
Volume discount via credit note - No input tax credit reversal by assessee - Supplier's credit note adjusts accounts, not supply value - No GST effect - Volume discount without GST adjustment - Not GST liable - Retail volume discount via credit note also not GST liable - Credit note as discount, not assessee supply - No tax invoice needed - Section 15(3) GST Act.

CONCLUSION:

The consistent judicial position across multiple jurisdictions establishes beyond doubt that financial credit notes issued by suppliers towards post-sale discounts, volume incentives, or early payment schemes do not constitute a taxable supply in the hands of the recipient.

The fallacious departmental theory that accepting a discount amounts to rendering a service stands categorically rejected by reasoned adjudication. The statutory framework under Section 15(3) and the definition of 'supply' under Section 7 do not contemplate such an artificial levy.

Recipients are not obligated to reverse input tax credit merely because their supplier issued a credit note for commercial reasons, provided the transaction is bona fide and not a supply masquerading as a credit note.

Departments attempting to sustain demands on this premise are proceeding on erroneous interpretation, and such orders cannot withstand judicial scrutiny.

With Jaiswal Amrish – I'm on a streak! I've been a top fan for 9 months in a row. 🎉
20/02/2026

With Jaiswal Amrish – I'm on a streak! I've been a top fan for 9 months in a row. 🎉

Security Transaction Tax was brought in because LTCG was exempt. Later, they started taxing LTCG also.Now they have enha...
04/02/2026

Security Transaction Tax was brought in because LTCG was exempt. Later, they started taxing LTCG also.

Now they have enhanced STT.

That's why I have trust issues.

they introduced Servcie tax on 3 services for 1 year
then every year they added, Service Tax never had any act, Only Finance Act'1994

This is not ranting but my version of trust issues

04/02/2026

*Budget 2026: Important Tax Proposals*

1. Failure to furnish audit report shall now invite mandatory fee of ₹75000/- for delay up to one month and Rs. 1.5 lacs thereafter. It has been replaced by penalty provisions.

2. No exemption on transfer of sovereign gold bonds where gold bond is not subscribed at the time of original issue and is held.

3. TDS limit for Interest to senior citizens increased from ₹50,000 to ₹1,00,000.

4. TDS limit for rent increased from ₹2.40 lakh to 6 lakh

5. TDS rate on supply of manpower services has been clarified to be covered by TDS on works being 1% when payment is made to individual /HUF and 2% in other cases.

6. TCS limit on remittance outside India being increased from 7 lakh to 10 lakh. Hence no TCS on remittance outside India up to Rs. 10 lacs

7. TCS on remittance for education on loan taken from specified financial institutions being exempted. General rate of TCS on remittance for education or medical treatment has been reduced from 5% to 2%.

8. TCS on remittance for overseas tour has been reduced to 2%.

9. TCS on sale of goods transactions being removed

10. Higher TDS deduction in non-PAN cases

11. Increase in period of registration for trusts from 5 years to 10 years

12. No disproportionate consequences for incomplete applications being filed by charitable entities.

13. Exemption of withdrawals from NSS accounts of senior and very senior citizens on or after 29th August 2024. No Interest is being awarded on these accounts. Similar treatment for NPS Vaatsalya accounts subject to overall limits

14. Extension of period of incorporation by 5 years to startups extended till 1st April 2030.

15. Assesses having business income but whose accounts are not required to be audited and also the partners of a firm whose accounts are not required to be audited shall file their return of income till 31st of August. Earlier, it was 31st of July. Here, it is important to mention that it is not mentioned in Finance Bill that in case of a partner, the firm should have business income. Therefore, partner of a non-business firm whose accounts are not required to be audited can also file return till 31st of August.

16. Time for filing revised return has been extended from 31st December to 31st March of assessment year. However, time for filing belated return still remains 31st December. Therefore, belated return can also be revised till 31st of March. However, if revised return is filed after 31st of December but before 31st of March, late fees of ₹1000/5000 shall be paid depending upon total income upto ₹5,00,000/exceeding ₹5,00,000.

17. Earlier, the tax payer was not allowed to file updated return where reassessment notice under section 148 had been issued. However, now updated return can also be filed in cases were reassessment notice has been issued. However, in such cases, further additional tax and interest of 10% shall be paid. In such cases, no penalty under section 270A shall be imposed, where additional income tax is paid in updated return.

18. Earlier, loss return could be updated by a return of income only. However, now, return of loss can also be filed with reduced loss.

19. To put at rest the controversy of notices issued under section 150 issues by JAO instead of FAO, retrospective amendment is being brought with effect from 1st April 2021 to the effect that notices issued by an officer other than FAO shall also be treated as valid.

20. No demand for interest on penalty can be raised till an order of commissioner appeals or an ITAT order (for DRP orders) is passed.

21. Immunity from penalty and prosecution subject to non-filing of appeal has been amended to include cases of misreporting as well, subject to an additional condition that in cases of misreporting, 100% of tax has to be paid to avoid penalty equivalent to 200% of tax.

22. Approval of joint commissioner for passing an order of assessment shall be deemed to be approval for imposition of penalty

23. Prosecution for failure to afford facility of inspection of books of accounts has been reduced from rigorous imprisonment of 2 years to simple imprisonment upto 6 months.

24. Prosecution for removal, concealment, transfer, or delivery of property to thwart tax recovery has been reduced from rigorous imprisonment to simple imprisonment for a term upto 2 years.

25. Prosecution for non-payment of TDS/TCS/non-filing of return/wilful attempt to evade tax/underreporting of income/failure to furnish return of income in search cases/false statement in verification/falsification of books of accounts/abetment has been made contingent upon amount of tax involved. For cases involving tax lesser than 10 lakh, only fine shall be imposed, between 10 lakhs to 50 lakhs, simple imprisonment for a term upto 6 months, and for amount of tax more than 50 lakh, simple imprisonment for a term up to 2 months. Earlier, for all evasions, there was prosecution for a period ranging anywhere between 3 months to 7 years.

26. Prosecution for failure to produce account books or respond to notice under section 142(1) waived.

27. Prosecution for failure to comply with direction for special audit has been reduced from rigorous imprisonment upto 1 year to simple imprisonment for a term upto 6 months.

28. Controversy of allowance for depositing employee contribution upto due date specified under the Provident Fund Act, which was earlier pronounced in the favour of revenue in Checkmate Services Pvt. Ltd. by Supreme Court has been put to rest by allowing deposit of employee contribution to PF/ESI till the due date of filing of return.

29. Exemption on interest for third party compensation awarded by Motor Accidents Claims Tribunal. Also, no tax deduction to be made.

30. Certificate for lower deduction or nil deduction of tax can also be obtained by making an online application and on mere electronic verification of contents of application.

31. Resident, individual or HUF, are no longer required to obtain TAN for deduction and collection of tax at source where property is sold by non-resident seller. It brings the law at par relating to purchase of property from a resident seller.

32. Declaration for non deduction of tax on interest on securities, dividend can be filed with depository instead of concerned company where securities are held by depository and are listed on recognized stock exchange.

33. Exemption on compulsory acquisition Compensation for land to Individual and HUF to bring at par with RFCTLARR Act read with Circular 36/2016

34. Exemption for disability pension to armed forces and para military forces to be awarded when invalidated out of service on account of bodily disability and not on superannuation/retirement.

35. Scheme of disclosure of foreign assets by small tax payers being launched to allow declaration of foreign assets in legacy cases

36. No penalty for non-disclosure of foreign asset, other than immovable property, up to 20 lacs

37. Persons, other than searched person, shall now not be assessed for full block period but shall be assessed only for period for which undisclosed income is found.

38. Penalty for underreporting to be imposed in the assessment order itself.

39. Penalty for failure to provide information by person carrying out business increased from Rs. 1000/- to Rs. 25000/-.

40. Tax on undisclosed income has been reduced from 60% to 30% and penalty of 10% has been merged with general penalty for under/and misreporting of income. Since penalty has been merged with general penalty, therefore, to obtain immunity from penalty, 120% of the Tax has to be paid.

41. MAT rate reduced from 15% to 14%. Credit of MAT limited to credit under old regime, and no new MAT credit to be allowed. Further, set-off of old MAT credit to be restricted to 25% of tax liability.

42. Penalty for not sharing information relating to crypto assets imposed at ₹200 per day and ₹50,000 for furnishing inaccurate particulars.

43. Belated filing of return allowed in case of trusts.

44. No interest deduction to be allowed against dividend income .

45. No assessment can be invalidated on account of mistake, defect, or omission in respect of quoting of DIN, if assessment order contains reference to such number in any manner.

46. Condition of having post sale discount as per agreement before or at the time of supply has been done away with.

47. Credit note to be issued in case of post-sale discount also.

48. Provisional refunds to be allowed in case of inverted duty structures also.

49. Threshold of refund claim being higher than ₹1000 removed for refunds against export with payment of tax.

50. Place of supply for intermediary services shall be the location of recipient of service. Earlier, the place of supply in case of intermediary services was location of supplier. This will provide relief in case of export of services by intermediaries.

51. Presumptive taxation for non-residents providing service to resident company establishing electronic manufacturing facility

52. Tonnage tax scheme for inland vessels.

Budget Proposal:📌Post-sale discounts made easier (Sec. 15(3) + Sec. 34 linkage)👉Sec. 34 is proposed to be amended to spe...
04/02/2026

Budget Proposal:

📌Post-sale discounts made easier (Sec. 15(3) + Sec. 34 linkage)

👉Sec. 34 is proposed to be amended to specifically include reference of Sec. 15. (Budget Speech Annexure, p.53; Memo p.97)

👉What changed?
→Sec. 15(3) is proposed to be amended to remove the requirement of linking post-sale discounts with a pre-existing agreement, and instead to refer to the issuance of a credit note u/s 34, with a clear condition that the recipient reverses the ITC.

👉Impact/benefit
→Big relief for industry where year-end discounts/volume rebates/performance incentives are decided later.

→Likely reduces disputes on “agreement existing at or before supply” for discount exclusion from value.

→Improves commercial flexibility—but makes ITC reversal by recipient the hard compliance pivot.

01/02/2026

🚨 GST Update Alert – Effective Jan 2026
New interest calculation system in GSTR-3B is here!
Now interest will be calculated after giving benefit of minimum cash balance, helping businesses reduce extra interest burden.

✔ Auto interest calculation
✔ Better tax liability reporting
✔ More ITC utilization flexibility
✔ Transparent & accurate GST compliance



Jaiswal Amrish And Associates Jaiswal Amrish

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Chamber No. 4 First Floor Sanjay Complex, Near Popular Medical Store Infront Domino'Z Building, PNB BANK CIVIL LINE GOAL CHAURAHA
Raebareli
229001

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