Author: inavatiq

Case Details: 63 Ideas Infolabs (P.) Ltd., In re - [2025] 181 taxmann.com 431 (AAR-GUJARAT)

Judiciary and Counsel Details

• Sushma Vora & Vishal Malani, Member
• N.R. Badrinath for the Applicant.

Facts of the Case

The applicant engaged in wholesale trading of agricultural produce and staples across India, had developed a supply chain management platform accessible through its website. It was submitted that consideration for such supply of services would be received from foreign clients in the form of non-voting, irredeemable preference shares issued by the overseas entity. The applicant sought an advance ruling on whether receipt of consideration in such form would fulfil the requirement of receipt of consideration in convertible foreign exchange and, consequently, whether there would be no liability to pay GST on the supply of services to overseas clients. The matter was accordingly placed before the Authority for Advance Ruling (AAR).

AAR Held

The AAR held that the primary issue raised by the applicant pertained to whether export proceeds received in the form of non-voting, irredeemable preference shares of a foreign entity satisfy the condition of receipt of consideration in convertible foreign exchange as per Section 2(6) of the IGST Act. It was held that this foundational question does not fall within the scope of matters on which an advance ruling can be pronounced under Section 97 of the CGST Act. It was further held that unless the primary issue relating to convertible foreign exchange is decided, the consequential question regarding GST liability on the supply of services cannot be examined.

List of Cases Referred to

• Malabar Gold (P) Ltd., In re [2023] 78 GSTL 129 (AAR-GST-Ker) (para 5)
• J.B. Boda & Co. (P.) Ltd. v. CBDT [1996] 89 Taxman 311 (SC) (para 5).

The post AAR Can’t Decide GST Liability Beyond Its Jurisdiction | Gujarat AAR appeared first on Taxmann Blog.

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1. Introduction

Indian Accounting Standards (Ind AS) are largely converged with the IFRS Standards issued by the International Accounting Standards Board (IASB) of the IFRS Foundation. To ensure transparency and global participation in its standard setting process, the IASB follows a rigorous due process, which includes issuing consultative documents such as exposure drafts and inviting public comments from stakeholders worldwide.

The Accounting Standards Board (ASB) of the Institute of Chartered Accountants of India (ICAI) actively encourages its stakeholders to participate in this process. By inviting comments on IASB consultative documents, the ASB provides an opportunity to identify practical challenges, industry-specific concerns and implementation issues at an early stage.

2. Exposure Draft on Risk Mitigation Accounting Including Proposed Amendments to IFRS 9 and IFRS 7

The exposure draft issued by IASB has proposed amendment to IFRS 9, Financial Instruments and IFRS 7, Financial Instruments: Disclosures. Under the said exposure draft, the IASB focuses on addressing challenges faced by entities, particularly financial institutions, in accounting for re-pricing risk (such as interest rate risk) when it is managed on a net basis rather than on an individual instrument basis. Further, it is also requiring companies to disclose its strategy for managing re-pricing risk and the effects of its risk management activities.

2.1 Condition for Application of Risk Mitigation Accounting

To ensure that risk mitigation accounting provides useful information to users of financial statements, an entity is permitted to apply risk mitigation accounting if, and only if:

• the entity’s business activities give rise to the recognition and de-recognition of financial instruments that expose it to re-pricing risk
• the entity’s risk management strategy specifies risk limits within which re-pricing risk, based on a mitigated rate, is to be mitigated
• the entity mitigates re-pricing risk arising from underlying portfolios on a net basis using derivatives in accordance with its risk management strategy.

2.2 Disclosures to Be Made in Respect of Risk Mitigation Accounting

The proposed amendments emphasise the importance of transparent and decision-useful disclosures in respect of risk mitigation accounting. These disclosures are intended to enable users of financial statements to understand an entity’s strategy for managing re-pricing risk, the rationale for applying risk mitigation accounting, and the effects of such risk management activities on the entity’s financial position and performance.An entity shall disclose following information regarding risk mitigation accounting separately from other line items:

(a) the risk mitigation adjustment recognised either as part of the entity’s assets (when it has a debit balance) or as part of its liabilities (when it has a credit balance) in the statement of financial position

(b) the amount of the risk mitigation adjustment recognised in profit or loss during the reporting period in the statement of comprehensive income.

3. Why This Matters for Indian Stakeholders?

Although the proposals are currently at the IFRS level, they are highly relevant for Indian entities, especially banks, NBFCs and other financial institutions, given the close alignment between Ind AS and IFRS. Early awareness and participation will help stakeholders in following aspects:

(a) anticipate potential future amendments to Ind AS

(b) assess system, process and data implications;

(c) provide India-specific feedback based on local market practices and regulatory environment.

Click Here To Read The Full Story

The post IASB Proposes Risk Mitigation Accounting Changes | ASB Invites Comments appeared first on Taxmann Blog.

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Basic Services Demat Account (BSDA) is a low-cost dematerialised securities account introduced to promote financial inclusion and encourage retail investors to hold securities in electronic form. It offers limited but essential demat services at reduced or nil annual maintenance charges, subject to prescribed eligibility conditions such as individual holding, single demat account, and a capped value of securities held, as specified by SEBI.

Table of Contents

1. Introduction to Basic Services Demat Account (BSDA)
2. Operations of a Joint Account
3. Internet Based Depository Operations of NSDL

Check out Taxmann's Depository Operations which offers a clear, authoritative, and practice-focused understanding of India's depository ecosystem, explaining its institutional architecture, regulatory framework, and the full lifecycle of electronic securities. It distils complex processes—such as account opening, KYC, dematerialisation, settlements, pledging, and corporate actions—into structured, accessible learning. Designed for DPs, compliance teams, students, market professionals, and policymakers, it supports both examination preparation and operational excellence. Developed in collaboration with NISM experts and strengthened by contributions from NSDL/CDSL, the September 2025 edition delivers updated regulatory insights, step-by-step workflows, and a robust exam-oriented design.

1. Introduction to Basic Services Demat Account (BSDA)

With a view to achieve wider financial inclusion, encourage holding of demat accounts and to reduce the cost of maintaining securities in demat accounts for retail individual investors, depository participants (DPs) are required to make available a “Basic Services Demat Account” (BSDA) with limited services as per terms specified herein. In order to facilitate the eligible individuals to avail the benefits of BSDA, DPs are advised to convert all such eligible demat accounts into BSDA unless such Beneficial Owners (BOs) specifically opt to continue to avail the facility of a regular demat account.¹

1.1 Eligibility Conditions for Opening BSDA²

Individuals shall be eligible to opt for BSDA subject to the following conditions:

1. Demat accounts shall be under individual category and shall have only one demat account where the person should be the sole or first holder;
2. The individuals shall have only one BSDA in their name across all
   depositories;
3. Value of securities held in demat account shall not exceed Rs. 10 lakhs for debt and other than debt securities combined at any point of time;
4. Demat accounts shall be registered for SMART facility;
5. One demat account of first holder across depository where verified PAN of the first holder is available. This criteria has not been applied in case of
   PAN exempt entities.

Option to open BSDA – The DP shall give option:

1. To open BSDA to all eligible individuals who open a demat account after the date of applicability of SEBI circular CIR/MRD/DP/22/2012 dated August 27, 2012;
2. To all the eligible individuals to avail the benefits of BSDA, and convert all such eligible demat accounts into BSDA unless such Beneficial Owners (BOs) specifically opt to continue to avail the facility of a regular demat account.

1.2 Annual Maintenance Charges

a. The charge structure may be on a slab basis as indicated below:

Slabs	Charges
Value of Holdings in the Demat Account (debt as well as other than debt securities combined)
Upto Rs. 4,00,000	No AMC
4,00,001 to 10,00,000	Maximum Rs. 100
More than 10,00,000	Not a BSDA. Regular AMC may be levied.

b. The value of holding shall be determined by the DPs on the basis of the daily closing price or NAV of the securities or units of mutual funds, as the case may be. Where such price is not available the last traded price may be taken into account and for unlisted securities other than units of mutual funds, face value may be taken in to account. For the purpose of valuation of holdings in an account, it is clarified that the value of suspended securities may not be considered for the purpose of determining eligibility of demat account as BSDA.

c. If the value of holding in such BSDA exceeds the prescribed criteria at any date, the DPs may levy charges as applicable to regular accounts (non-BSDA) from that date onwards.

d. The DPs shall reassess the eligibility of the BOs at the end of every billing cycle and give option to the BOs who are eligible to opt for BSDA.

1.3 Services Offered to Basic Services Demat Account Holders

• Transaction Statements:

1. 1. Transaction statements shall be sent to the BO at the end of each quarter. If there are no transactions in any quarter, no transaction statement may be sent for that quarter.
   2. If there are no transactions and no security balance in an account, then no further transaction statement needs to be provided.
   3. Transaction statement shall be required to be provided for the quarter in which the account became a zero balance account.

• Holding Statement:

1. 1. One annual physical statement of holding shall be sent to the stated address of the BO in respect of accounts with no transaction and nil balance even after the account has remained in such a state for one year. The DP shall inform the BO that the despatch of physical statement may be discontinued if the account balance remains zero balance even after one year.
   2. One annual statement of holding shall be sent in respect of remaining accounts in physical or electronic form as opted for by the BO.

• Charges for Statements – Electronic statements shall be provided free of cost. In case of physical statements, the DP shall provide at least two statements free of cost during the billing cycle. Additional physical statement may be charged at a fee not exceeding Rs. 25 per statement.
• SMS Alert Facility – All BOs opting for the facility of BSDA, shall register their mobile number for availing the SMS alert facility for debit transactions.
• Delivery Instruction Slip – At least Two Delivery Instruction Slips (DIS) shall be issued at the time of account opening.
• All other conditions as applicable to regular demat accounts, other than the ones mentioned above shall continue to apply to basic services demat account.

2. Operations of a Joint Account

A depository account may be opened and maintained in the names of more than one person. All the joint-holders have to sign the application form and acknowledge receipt of copy of the Rights and Obligations document. The supporting documents and photograph should also be provided for all joint holders. The account opening module presently provides only for (up to) three joint names.³ Though the beneficial ownership of jointly held securities vests in all joint holders, communications about the joint depository account are provided only to the first holder. The dividend and interest warrants, annual reports and notices for meetings are also issued to the first-named joint holder only.

In the event of the death of a joint holder, the balance lying in the account can be transmitted, on request of the surviving holders, to a new account to be opened by the surviving holders. The earlier account having the deceased holder’s name is closed after such transmission. The chapter on Transmission gives the detailed procedure to give effect to this type of request.

In addition to the existing option of opening new account, the surviving account holders continue the existing account by deleting the name of deceased account holder(s) from the account, the surviving account holders shall make an application to the DP in the form specified for deletion of deceased account holder(s) alongwith a copy of death certificate duly attested by a Notary Public or by a Gazetted Officer. The DP shall verify the documents submitted and the signature of surviving Client(s). The DP after being fully satisfied on all aspects, shall then effect the deletion of name.

2.1 Opening of Depository Account in Joint Names With an Individual and a Body Corporate

Section 187 of the Companies Act, 2013 requires companies to hold all investments made or held by it in any property, security or other asset in its own name. However, the proviso to sub-section (1) grants exemption to holding companies in case of holding shares of its subsidiary companies. The exemption allows holding companies to appoint nominees for itself to hold shares in the subsidiary/wholly-owned subsidiary companies in order to meet the statutory minimum limit of members in a company. Share certificates in such cases are usually issued in the name of registered holder (nominee), but the name of the holding company is also mentioned along with the name of the nominee.

DPs can facilitate opening of depository account of the nominee shareholders as follows:

1. An individual and body corporate can open a depository account in joint names. In case the first holder is an individual, the account needs to be opened in individual category whereas, if the first holder is a body corporate then the account type will be “Body Corporate”. The KYC documents, along with PAN of both these entities will have to be obtained by the DP. Further, Board Resolution to open a joint depository account along with the list of persons authorised to open and operate the accounts is required for the corporate entity. DPs are requested to ensure compliance with the procedure mentioned in various circulars issued by NSDL/CDSL with regards to account opening and KYC norms of both individual and corporates, for the respective holders.
2. It may be mentioned that since a body corporate would be a joint holder, nomination facility cannot be availed in these cases.

Further, DPs may facilitate capturing the bank account of the joint holder in the demat account for such nominee holdings after obtaining an undertaking from the client in the enclosed format.

3. Internet Based Depository Operations of NSDL

3.1 Internet–Based Demat Account Statement (IDeAS)

IDeAS is the facility for viewing balances and transactions in the demat account updated on an online basis with a delay of maximum 30 minutes. This facility is available to the users of SPEED-e, clearing members who have subscribed to IDeAS and to those clients whose DPs are registered for IDeAS. A demat account holder or a clearing member will have the option to access IDeAS either as a Password or a Smart Card/e-Token User.

NSDL has launched a facility called IDeAS from January 1, 2004 for investors to view balances and transactions in demat accounts updated on an online but not real time basis. This facility is available to all the clients including Clearing Members (CMs) who have opened an account with any of the Participants under NSDL system.

IDeAS enables Clients (Beneficial owners) to view the latest balances and transactions that have taken place in the last five days, in their depository accounts. Clients now are able to view the transactions for a period of past 30 days. Clients can select the period upto 30 days from the current date, to view the transactions.

IDeAs facility has been further enhanced to display the values:

• In respect of mutual fund units (security type code ‘20’) (held by the Clients in their demat accounts) based on the NAVs (i.e., Net Asset Value) including the date of NAV and in E-series ICINs (Commodity Identifier) of National Spot Exchange Limited for the previous business date, held by Clients in their demat accounts.
• Further, Price/face value and indicative value will be displayed in respect of non-convertible debentures, bonds, ETFs, unlisted equity shares etc., held by Clients in their demat accounts.
• IDeAS facility has been further enhanced to display the price as of the previous date and value in respect of ISINs pertaining Sovereign Gold Bonds held by Clients in their demat accounts.

In addition to the above, Clearing Members (CMs) can view and download latest balances and transactions executed in their CM Pool accounts in respect of settlements for the current pay-in date, previous four and next four pay-in dates, through IDeAS facility.

3.2 SPEED-e

NSDL launched SPEED-e (pronounced as speedy) in September, 2001. Any DP of NSDL can subscribe to SPEED-e, the common infrastructure of NSDL. SPEED-e enables demat account holders (including Clearing Members) to submit delivery instructions directly on the Internet through SPEED-e website https://eservices.nsdl.com. SPEED-e is available only to those DPs who have subscribed to it and the Users sign an agreement with the DP.

A demat account holder will have the option of accessing SPEED-e either as a Password User or as a Smart Card/e-Token User. A Clearing Member must be a Smart Card/e-Token User to be able to access SPEED-e. Password Users can debit their demat accounts only in favour of specified Pre-Notified Clearing Member accounts (upto six), while Smart Card/e-Token User can submit instructions in favour of any number of accounts.

Further, as a smart card user, clients can also freeze or unfreeze their accounts by giving instructions through SPEED-e.

Some features have been added to enhance the facility of SPEED-e:

Facility for Participants to Mark Holiday(s) on SPEED-e – A facility of Holiday Master feature on SPEED-e facilitate Participants (subscribed for SPEED-e facility) to mark holiday(s) on SPEED-e. After the Participant has marked holiday(s) on SPEED-e, Clients/Clearing Members (CMs) of the Participant shall not be allowed to submit/authorise instructions on SPEED-e with execution date as the holiday date.

Facility to Submit Inter-Depository Delivery Instructions on SPEED-e – SPEED-e facility has a feature of enabling investors/clearing members (CMs) to submit Inter Depository Delivery (IDD) instructions.

Facility to Reset Password, View & Change Email ID – Password Users of SPEED-e facility shall be given the ability to reset passwords themselves by keying-in few parameters on SPEED-e website.

Launch of Redemption of Mutual Fund Units Through SPEED-e Facility

SPEED-e facility for Beneficial Owner (i.e. password users and e-token users) also include the feature of enabling clients to redeem ‘Mutual Fund Redemption Units’ through SPEED-e facility. This facility enable both type of users viz., password and e-Token users to give request to redeem the mutual fund units.

Further, the facility for on-boarding clients on SPEED-e has been simplified; wherein the agreement between Participant and client is no longer required.

3.3 Submission of Power of Attorney Based Instructions for Clients Electronically (SPICE)

Clearing Members (Clients who have given Power of Attorney (POA) in favour of the Clearing Member) can submit auto pay-in instructions to DPs (where Clients maintain demat accounts) on SPEED-e facility to debit the demat accounts of the Clients and credit their Clearing Member (CM) Pool Accounts. Thus, eliminating the need to give paper based delivery instructions to the DPs.

3.4 NSDL/CDSL Mobile App

NSDL has developed a Mobile App for esteemed investors, where an investor can download and use the Mobile App to view balances in the demat account on the mobile anytime, anywhere. NSDL Mobile App is available on Google Playstore and Apple App Store and it is absolutely free for all demat account holders.

3.5 Submission of Instruction Through Mobile Phone Login Easily (SIMPLE)

SIMPLE, a facility that enables the password based users of SPEED-e facility to submit Client to Clearing Member Pool Account transfer instructions, on SPEED-e website through their mobile phones (enabled with GPRS).

3.6 SMS Alert Facility for NSDL/CDSL Demat Account Holders

NSDL/CDSL provides SMS alert facility for demat account holders whereby they can receive SMS alerts directly from NSDL/CDSL for following:

(1) All Debit Transfers

(2) Credits for IPO, sub-division and bonus

(3) Failed instructions

(4) Overdue instructions

(5) Change of mobile number

(6) Change of address

(7) Debit of Mutual Fund units

(8) Invocation of pledged securities

(9) Registration and De-registration of Power of Attorney

(10) Modification/Cancellation of nominee name

(11) Initiation/Confirmation of pledge instructions

(12) Mutual fund redemption request submission by client and acceptance/rejection of the same by RTA.

(13) Blocking/Debit of shares in demat account in respect of Tender Offer instruction (option available only with NDSL).

Charges

NSDL/CDSL does not levy any charges on the DPs for providing this facility to investors.

Registration

• This facility is available to the investors provided the investors have given their mobile numbers to their DPs and the DPs have captured the numbers in the NSDL/CDSL System and have also enabled (ticked) the SMS flag in NSDL and/or CDSL system.
• Those investors who have provided their mobile numbers to their DPs but do not wish to avail this facility shall inform their DPs to disable the SMS flag. However, such accounts should not be operated by Power of Attorney (PoA).
• For change of address and registration & de-registration of Power of Attorney in NSDL System, SMS alerts shall be sent to Client’s mobile phone (captured in NSDL System) irrespective of Client availing SMS Alert facility.

4. Internet Based Depository Operations of CDSL

CDSL offers its demat account holders with two internet based facility Electronic Access to Securities Information [EASI] whereby beneficial owner can view their demat account holding, download the transaction statements and Electronic Access to Securities Information and Execution of Secured Transaction [easiest] which permits BOs/CMs to submit debit/credit transaction instructions to effect off-market, on-market, inter-depository and early pay-in of transactions, freeze/unfreeze and pledge, unpledged and confiscation.

Through the easiest facility, the BO can freeze their demat account at BO level, ISIN level as well as can initiate partial level freeze.

Further, the BO can pledge the securities as a pledgor, and Pledgee BO can accept the pledge as a pledgee if both the BOs are registered for CDSLs easiest facility. Further, the pledgee can execute the confiscation if the pledgor fails to fulfil the obligation. BO also has the facility to initiate the pledge for the purpose of Margin from their easiest login.

CM has the facility to accept the Margin pledge from its easiest login as a pledgee and the CM has the facility to re-pledge the securities to the CC as a pledgor.

A sole holder beneficial owner is not required to submit any registration forms to DP for authentication nor the trusted account declaration in case of easiest trusted account user.

In case of a beneficial owner holding a joint demat account, the beneficial owner is required to submit the duly signed registration form to the DP for authentication to his/her DP.

SMS Alert Facility is also provided for CDSL demat account holders who are registered for SMART, wherein various types of alerts are being sent to registered mobile number of demat account holder on the same day of transaction.

The sole holder BO can update the nomination details or opt out of nomination details in their demat account through CDSL’s easi/easiest facility as well as from the website of CDSL.

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1. SEBI Circular Ref No. CIR/MRD/DP/20/2015 dated December 11, 2015.
2. SEBI Circular Ref. No. SEBI/HO/MIRSD-PoD1/P/CIR/2024/91 dated June 28, 2024 which shall come into effect from September 1, 2024.
3. Separate set of rule has been prescribed for handling of cases of four or more joint holders:

• • A separate account could be opened in the name of the joint holders with four or more names.
  • No standing instructions to receive credits, receipt instructions, new issue applications and any other instruction which has the effect of crediting this account should be accepted in respect of such account.
  • Appropriate annexure should be attached to the account opening form to include various details, viz., name, address, signatures, etc. of more than three holders.
  • An undertaking should be obtained from the client that he will not use this account for the purpose of allotments in the primary market or for purchases from the secondary market. Hence the client will give no instructions (other than for dematerialisation, bonus, rights and preferential offer) to any person which has the effect of crediting this account.
  • While opening the account, the DP should capture the names of the four or more joint holders by numbering them in his system and entering the first holder’s name in the first holder’s field. The rest of the names have to be accommodated in the fields for second and third holder.
  • The DP should process the dematerialisation request as per the usual procedure while ensuring that the pattern of holding for each certificate tallies with the pattern of holding of the account.
  • After all shares have been demateralised, the BO shall open a anew demat account in the name of three holders (max) and transfer all securities from the previous account to the new account. After all the balances in such a joint account become nil, the account should be closed.
  • For holdings of a Trust in the joint names of four or more trustees, this procedure for opening the account can be adopted without any restrictions on receiving credits into that account.

The post Basic Services Demat Account (BSDA) – Features | Eligibility appeared first on Taxmann Blog.

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Notification No. F. No. IBBI/2025-26/GN/REG133., Dated 22.12.2025

For years, the Indian insolvency landscape has wrestled with a ‘shadow’ problem – Who is really behind the wheel? While the Insolvency and Bankruptcy Code (IBC) was designed to rescue distressed assets, it occasionally faced the risk of being gamed by opaque structures or ineligible entities hiding behind complex layers of shell companies. Without knowing the ‘Ultimate Beneficial Owner’ (UBO), the system remained vulnerable to back-door entries by unscrupulous promoters or entities that shouldn’t legally be at the table.

To address these gaps in accountability and eligibility, the Insolvency and Bankruptcy Board of India (IBBI) issued a critical update on December 22, 2025. The Seventh Amendment Regulations, 2025, marks a significant shift toward absolute transparency in the resolution process.

1. The Core Mandate – What has Changed?

The amendment introduces two mandatory requirements for every resolution plan submitted under Regulation 38:

• The Beneficial-Ownership Statement – Resolution applicants must now provide a detailed statement disclosing all natural persons who ultimately own or control the applicant. This includes a complete map of the shareholding structure and the jurisdiction of every intermediate entity involved.
• Section 32A Eligibility Affidavit – Applicants must provide a formal affidavit stating whether they are eligible for the benefits of Section 32A of the Code. This section typically provides immunity to the corporate debtor and its assets from prior offenses, provided there is a change in management to an unrelated party.
  

  2. Impact – Why This Matters

This amendment isn’t just a paperwork exercise; it is a strategic move to fortify the integrity of the IBC.

1. Stripping Away the Corporate Mask – By demanding the details of the ‘natural persons’ at the top of the chain, the IBBI is effectively ending the era of anonymous bidding. Resolution Professionals (RPs) and the Committee of Creditors (CoC) can now see exactly who is funding the rescue, ensuring that the spirit of Section 29A (which bars certain ineligible persons from bidding) is upheld.
2. Jurisdictional Clarity – Requiring the disclosure of jurisdictions for intermediate entities is a direct hit at tax havens and ‘round-tripping’. It allows regulators to track if funds are being routed through questionable corridors, bringing the IBC in line with global Anti-Money Laundering (AML) standards.
3. Streamlining Section 32A Immunity – The requirement for a specific affidavit regarding Section 32A forces applicants to be upfront about their legal standing. This prevents future litigation where the ‘clean slate’ principle might be challenged because the new management was secretly related to the old, defaulting promoters.

3. Conclusion

With these regulations coming into force immediately upon their publication in the Official Gazette, the IBBI has sent a clear message – The privilege of acquiring a distressed asset comes with the price of total transparency. For investors, this means more due diligence; for the Indian economy, it means a cleaner, more robust insolvency framework.

Click Here To Read The Full Notification

The post IBBI Mandates Beneficial Ownership and Section 32A Disclosure in Resolution Plans appeared first on Taxmann Blog.

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CA Aakansha Tuteja & Vedansh Gupta – [2025] 181 taxmann.com 814 (Article)

“Your money may not talk but if it is unexplained the department will make it sing”

1. Introduction

Traditionally, income means any money arising out of known source like business, salary, or investments. But this leaves a gap that what if a person is found with cash, assets or heavy spending that cannot be traced to any source? If the law ignored such cases then the concealed wealth would easily escape taxation. To prevent this, the legislature had introduced “deeming fictions”. The sections 68 to 69D of ITA, 1961 deal with such unexplained income, investments, assets, and expenditure. The logic is simple that – if you have it and cannot explain it, it is taxable. The burden of proof lies entirely on the assessee, and the law imposes higher tax rates on such deemed incomes to discourage evasion.

The Income Tax Act, 2025 makes a wild card entry, assented to by the President on 21st August, 2025, introduced significant changes to such deeming fictions i.e. Section 68 to 69D of the ITA 1961. These provisions have been the most litigative provisions and with the enactment of the new act these provisions have undergone substantial restructuring.

This article is structured as a journey, which will first take you to the relevant provisions under the old law, then providing a comparative overview of the restructuring done, and finally taking through the key changes brought in by the Income-tax Act, 2025.

So let’s start with what these provisions said as per the ITA, 1961:

2. Section 68 (Cash Credits)

Where any sum is found credited in the books and the explanation offered by assessee is not satisfactory in the opinion of the AO, such sum may be charged to income-tax as income of that previous year.

3. Section 69 (Unexplained Investments)

If the assessee has made investments not recorded in the books of account and doesn’t offer satisfactory explanation to AO, the value of investments may be deemed income for that financial year.

4. Section 69A (Unexplained Money)

Unrecorded money, bullion, jewellery, or valuables found in an assessee’s ownership can be taxed as deemed income if the source of acquisition isn’t satisfactorily explained.

5. Section 69B (Investments Not Fully Disclosed)

If actual amount spent on investments, bullion, jewellery, or valuables exceeds the amount recorded in books and the difference can’t be satisfactorily explained, the excess may be treated as deemed income.

6. Section 69C (Unexplained Expenditure)

If an assessee incurs any expenditure but can’t satisfactorily explain the source of such expenditure, such expenditure may be deemed to be income for that financial year.

7. Section 69D (Borrowing or Repayment on Hundi)

Any amount borrowed or repaid on a hundi otherwise than through an account payee cheque is deemed income of the borrower for that financial year.

Click Here To Read The Full Article

The post [Opinion] Unexplained Income – Sections 68-69D Under ITA 1961 vs ITA 2025 appeared first on Taxmann Blog.

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Case Details: Shriyaa Enterprises vs. State Tax Officer - [2025] 181 taxmann.com 655 (Bombay)

Judiciary and Counsel Details

• M.S. Sonak & Advait M. Sethna, JJ.
• Keval Shah for the Petitioner.
• Himanshu Takke, Amar Mishra, AGPs & Siddharth Chandrashekhar for the Respondent.

Facts of the Case

The petitioners challenged the cancellation of their registration by the jurisdictional officer under the CGST Act on the ground of non-filing of returns for a continuous period of six months. It was submitted that one petitioner had undergone a cardiology-related medical procedure. At the same time, the other faced severe financial constraints, resulting in the non-filing of returns within the prescribed time. It was affirmed that they were ready and willing to discharge the entire tax dues, along with applicable interest and penalties, for the relevant periods within 15 days from the date of intimation. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that the explanations offered by the petitioners for non-filing of returns did not appear to be mala fide or unreasonable, particularly since the default periods were proximate to and overlapped with the COVID-19 pandemic. The Court submitted that there were no allegations of unlawful activity or revenue fraud by the petitioners. The Court, upon construing Section 29 of the CGST Act held that registration may be restored where sufficient cause exists and compliance is undertaken. It was directed the cancellation orders shall be quashed.

List of Cases Reviewed

• Azaria corp LLP v. Deputy Commissioner of State Tax [2025] 178 taxmann.com 618/112 GST 166 (Bombay) (Para 13) followed

List of Cases Referred to

• Azaria corp LLP v. Deputy Commissioner of State Tax [2025] 178 taxmann.com 618/112 GST 166 (Bombay) (para 6).

The post GST Registration Restored for Non-Malafide Return Defaults | HC appeared first on Taxmann Blog.

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The Prevention of Money Laundering Act, 2002 is a special law enacted to prevent money laundering, prohibit the use of proceeds of crime, and provide for attachment, confiscation, and punishment in respect of property derived from criminal activities. It seeks to combat the conversion of tainted or illegal money into legitimate assets by prescribing criminal liability, civil measures such as attachment and confiscation of property, and regulatory obligations on reporting entities to detect and report suspicious financial transactions.

Table of Contents

1. Need for Special Act on Money Laundering
2. Implementation of Prevention of Money Laundering Act, 2002
3. Scheme of the Prevention of Money Laundering Act
4. Provisions for Prevention of Money Laundering in the Act
5. Definition of ‘Money Laundering’

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1. Need for Special Act on Money Laundering

Money is generated in a very large scale due to crimes. These crimes cover trade in narcotics, smuggling, trade in banned/prohibited articles, antics, corruption, counterfeiting currency, gambling, trade in prohibited arms/ammunition, selling national secrets etc.

This money is required to be converted into untainted money so that it can be used in big way, as such huge quantum of money cannot be transferred and used without banking channels.

In common terminology, money laundering is understood as converting black money or Number Two money into white money or Number One money.

In brief, converting tainted money into untainted money is called ‘money laundering’.

‘Laundering’ is to switch black money or dirty money into clean money. ‘Clean money’ means money coming from known or legal sources, while ‘dirty money’ means money coming from illegal activities.

As per sub-committee on Narcotics and Terrorism of US Senate Foreign Relations Committee, ‘Money Laundering’ is the conversion of profits from illegal activities into financial assets which appear to have legitimate origins.

As per definition adopted in Interpol General Secretariat Assembly in 1995, money laundering is any act or attempted act to conceal or disguise the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources.

Loss of tax revenue is also involved but comparatively that is minor issue.

The major issue is that the tainted money is used for funding terrorist activities. This problem has become more acute in many countries, including India, as our neighbouring countries themselves are involved in such activities.

The menace is at international level at a much larger scale.

One way to prevent serious crime is to make it difficult to convert black money into white money.

General Assembly of United Nations adopted a political declaration in June 1998, calling upon member States to adopt national money laundering legislation and programme. The present ‘Prevention of Money Laundering Act’ is passed to implement the UN resolution.

UN Security Council Resolution 1373 of 28-9-2001 empowers Security Council to enforce terms of UN Convention for Suppression of the Financing of Terrorism. The convention was proposed in 1999 and became effective from 10-4-2002.

European Union had issued new Money Laundering Directive in 2001 to amend the 1991 directive.

1.1 Why the Term ‘Laundering’

General impression is that ‘money laundering’ term is used as it converts black money into white money. It may be so, but that is not the origin of the word ‘money laundering’.

There is interesting history behind the word ‘laundering’. Al Capone, notorious mafia in USA, obtained lot of money from criminal enterprises. He established laundry machines all over USA at various public places. The machines could be used by public by putting coins.

Since this laundry business was a cash business, he was able to covert his cash into legitimate earnings and hence the name ‘money laundering’.

1.2 Process of Money Laundering

Money laundering involves three stages:

1. Placement (of hot money in financial system or retail economy)
2. Layering (separating money from its source through series of financial transactions i.e. concealing source of ownership of funds by creating layers of transactions to disguise audit trail and provide anonymity. It is now comparatively easy due to electronic funds transfer) and
3. Integrating (of hot money with legitimate money. Money is assimilated with other legitimate assets).

Popular places of money laundering are stock markets, agricultural products (as there is no income tax on agricultural income and transactions are mostly on cash basis), real estate, property market, gold and precious metals, high value consumer goods, bogus imports/exports etc.

Creating of bogus companies, showing loans or investments, false export-import invoices etc. are various methods adopted. The transactions are so large that transactions have to be routed through Banks, Financial Institutions, intermediaries etc.

1.3 Rogue Countries

The menace of money laundering has increased almost beyond control as Governments of some countries like Nigeria, Pakistan, Afghanistan etc. are themselves involved and are supporting money laundering activities and terrorism. Such rogue countries make the control over money laundering very difficult.

1.4 Rogue Banks

Like rouge countries, there are rogue banks also, which support money transfers through questionable means.

In our own country, it is widely believed that Jammu and Kashmir Bank was involved in activities of such money transfers, which had questionable origin. Of course, there are many such banks in India with different degree of ‘roughness’.

2. Implementation of Prevention of Money Laundering Act, 2002

The ‘Prevention of Money Laundering Act, 2002’ was passed on
17-1-2003. The Act was notified and became effective from 1-7-2005.

Directorate of Financial Intelligence Unit, India (FIU-IND), under Ministry of Finance is empowered to implement part of the Act, relating to collecting and processing financial intelligence.

Directorate of Enforcement under FEMA is also empowered to exercise various powers under Prevention of Money Laundering Act, 2002 in respect of confiscation, arrest, punishment etc.

2.1 Amendments to Prevention of Money Laundering Act

The Prevention of Money Laundering Act has been amended from time to time. Latest amendments are made on 1-8-2019 through Finance (No. 2) Act, 2019.

The changes made w.e.f. 1-8-2019 is summarised below:

• Definition of ‘intermediary’ amended to exclude sub-broker – section 2(n) amended
• Definition of ‘person carrying on designated business or profession’ has been amended to include Inspector General of Registration and exclude Registrar and Sub-Registrar appointed under Registration Act – section 2(sa) amended
• Definition of ‘offence of money laundering’ widened to include knowingly concealment, possession, use, projecting/claiming as untainted money etc. It is also clarified that this is a continuing offence – section 3 amended
• Responsibility of reporting entity widened to undertake enhanced diligence in respect of specified transactions beyond prescribed limit, not to undertake suspicious transactions, monitor suspicious specified transactions and keep record of such transactions and their KYC for five years – section 12AA inserted
• Provision of carrying out search of premises only after forwarding a report to Magistrate has been omitted. Thus, search of can be made by authorised officer directly – section 17 amended
• Provision of carrying out search of a person only after forwarding a report to Magistrate has been omitted. Thus, search of a person can be made by authorised officer directly – section 18 amended
• Authority can close complaint even after Special Court has taken cognizance, if Authority finds that no offence has been made out – proviso to section 44(1)(b)
• Trial under scheduled offence and offence under Prevention of Money Laundering Act will be independent. It will not be joint trial – Explanation (i) to section 44(1).
• Subsequent complaint can be added to original complaint is same trial if further evidence found – Explanation (ii) to section 44(1).
• Offence under Prevention of Money Laundering Act is cognizable and non-bailable. Empowered Officer can arrest without warrant – Explanation to section 45(2) [This is given retrospective effect as drafting of section 45 was faulty].
• Formation of inter-ministerial coordination committee for inter-departmental and inter-agency coordination.

3. Scheme of the Prevention of Money Laundering Act

Money Laundering basically is knowingly dealing with proceeds of crime, directly or indirectly.

The Act provides both for civil and criminal liability.

3.1 Criminal Liability under Prevention of Money Laundering Act

Crime which results in tainted money is a separate offence
under various laws as specified in Schedule to Prevention of Money Laundering Act. These offences are punishable under those Acts. The punishment is to the person/s who is/are involved in actually committing that offence.

The offence as specified in section 4 of Prevention of Money Laundering Act is a separate offence. The punishment under section 4 of Prevention of Money Laundering Act is not only to those who are actually involved in dealing with tainted money but also on those who are knowingly involved, directly or indirectly, in dealing with proceeds of crime.

This is a criminal offence, which will be tried by special courts designated for this purpose under section 2(z) of Prevention of Money Laundering Act. The trial will be both for charges under the specific Act which is a crime and also offence of money laundering under Prevention of Money Laundering Act. However, it is not ‘joint trial’.

The Special Count is Court of Sessions which is designated as special court under section 43 of Prevention of Money Laundering Act.

Appeal against decision of Special Court lies with High Court as per powers under Code of Criminal Procedure – section 47 of Prevention of Money Laundering Act.

3.2 Civil Liability i.e. Confiscation of Tainted Property

In addition to criminal liability, the property involved in money laundering can be attached and frozen by Central Government and later confiscated.

The procedure is as follows.

Order of provisional attachment or freezing will be issued by Director, Joint Director or Deputy Director empowered under Prevention of Money Laundering Act (who is empowered under the Act) for upto 180 days – section 5(1) of Prevention of Money Laundering Act.

The director will send copy of order of provisional attachment or freezing of assets to Adjudicating Authority – section 5(2) of Prevention of Money Laundering Act.

The procedure to be followed and the forms to be used have been specified in Prevention of Money Laundering (the Manner of Forwarding a Copy of the Order of Provisional Attachment of Property along with the Material, and Copy of the Reasons along with the Material in respect of Survey, to the Adjudicating Authority and its Period of Retention) Rules, 2005.

Adjudicating Authority is appointed under section 6(1) of Prevention of Money Laundering Act.

Final order of attachment or freezing will be issued by Adjudicating Authority under section 8(3) Prevention of Money Laundering Act. This order of seizure or freezing continues till Special Court disposes of the criminal matter.

Appeal against order of Adjudicating Authority will lie before Appellate Tribunal constituted under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 [SAFEMA] – section 26(1) of Prevention of Money Laundering Act.

It is not necessary to wait till appeal period is over to commence proceedings with attachment as order passed by Adjudicating Authority is just like a decree of civil court, which becomes executable moment it is drawn – Syed Akeel Shah v. Directorate of Enforcement (2023) 175 SCL 494 = 145 taxmann.com 532 (J&K and Ladakh HC DB).

Appeal against order of Appellate Tribunal lies before High Court both on question of law and facts – section 42 of Prevention of Money Laundering Act.

3.3 Order of Confiscation by Special Court

After conclusion of Trial of accused, if Special Court finds that offence of money laundering has been committed, it (special court) shall order that property involved in money laundering or which has been used for money laundering, shall be confiscated – section 8(5) of Prevention of Money Laundering Act.

After confirmation of order, some persons may have claims in respect of such confiscated property, if they had acted in good faith but suffered quantifiable loss. Such claims should apply to Special Court. The procedure to be followed has been specified in Prevention of Money Laundering (Restoration of Confiscated Property) Rules, 2016.

After order of confiscation by Special Court, the property shall vest absolutely in Central Government – section 9 of Prevention of Money Laundering Act.

If after conclusion of Trial, if Special Court finds that offence of money laundering has not been committed, it (special court) shall order release of property – section 8(6) of Prevention of Money Laundering Act.

4. Provisions for Prevention of Money Laundering in the Act

Though the Act talks about ‘prevention’ of Money Laundering, actually, there were very few provisions for ‘preventing’ money laundering.

The Prevention of Money Laundering Act mainly provided for civil and criminal punishments in respect of money laundering after the offence is already committed, which is only a deterrent to commit crime.

Provision for informing suspicious transactions was contained only in rule 8 of Prevention of Money Laundering (Maintenance of Records) Rules, 2005.

However, now section 12AA of Prevention of Money Laundering Act has been inserted to cast responsibility of ‘reporting entity’ to undertake enhanced diligence in respect of specified transactions beyond prescribed limit, not to undertake suspicious transactions, monitor suspicious specified transactions and keep record of such transactions and their KYC for five years.

In addition, the Prevention of Money Laundering Act casts responsibility on ‘reporting entities’ (like banking companies, financial institutions, intermediaries and others) to furnish information. They have to inform all suspicious transactions to Director, Financial Intelligence Unit [FIU-IND], under Ministry of Finance.

The Act provides for KYC norms (Know Your Customer) to ensure identity of their customers, to ensure that they are genuine, identifiable and traceable.

The ‘reporting entity’ is required to undertake ‘client due diligence’ under rule 9 of Prevention of Money Laundering (Maintenance of Records) Rules, 2005.

5. Definition of ‘Money Laundering’

The related definitions are as follows.

Money Laundering – Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering.

Explanation – (i) For the removal of doubts, it is hereby clarified that:

(i) a person shall be guilty of offence of money-laundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime, namely:

(a) concealment or

(b) possession or

(c) acquisition or

(d) use or

(e) projecting as untainted property or

(f) claiming as untainted property in any manner whatsoever

(ii) the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever – Section 3 of Prevention of Money Laundering Act as amended w.e.f. 1-8-2019.

The ‘Explanation’ has been inserted w.e.f. 1-8-2019. The words ‘in any manner whatsoever’ appearing in Explanation (i) apply to all clauses (a) to (f) of the Explanation (i).

The amendment made w.e.f. 1-8-2019 has been held valid in Vijay Madanlal Choudhary v. UOI [2022] 140 taxmann.com 610 (SC 3 member bench).

Proceeds of Crime – ‘Proceeds of crime’ means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property, or where such property is taken or held outside the country, then the property equivalent in value held within the country or abroad.

Explanation – For the removal of doubts, it is hereby clarified that ‘proceeds of crime’ include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence – section 2(1)(u) of Prevention of Money Laundering Act. The explanation has been inserted w.e.f. 1-8-2019.

Any Bribe Given With the Requisite Intent Shall Be Considered As ‘Proceeds of Crime’ Under PMLA, 2002, Bribe Giver Can Also Be Prosecuted – Any bribe given with the requisite intent shall be considered as ‘proceeds of crime’ under PMLA, 2002. Bribe-giver can also be proceeded against for offence of money laundering u/s 3 of the PMLA, 2002 – Directorate of Enforcement v. Padmanabhan Kishore [2022] 144 taxmann.com 28 (SC).

Acquisition of bribe money is ‘proceeds of crime’ and hence money laundering – Acquisition of bribe money by a public servant qualifies as an act of money laundering, and illegal gratification represents proceeds of crime. Wherever there are allegations of corruption, there is acquisition of proceeds of crime which itself tantamount to money-laundering, since ‘use’ is one of the six activities mentioned in section 3 – Y Balaji v. Karthik Desari [2023] 150 taxmann.com 329 = 179 SCL 49 (SC).

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Editorial Team – [2025] 181 taxmann.com 762 (Article)

Global IDT Insights provides a weekly snippet of tax news specifically related to Indirect Taxes from around the globe.

1. UAE Issues VAT Amendments Effective 01-01-2026

The United Arab Emirates (UAE) has issued amendments to its Value Added Tax (VAT) framework. The amendments are intended to simplify tax procedures, ensure transparency, and strengthen governance. These provisions will take effect from 01-01-2026.

The amendments focus on procedural simplifications, treatment of reverse charge transactions, input tax deductions, and time limits for reclaiming excess refundable tax. The Executive Regulation specifies documentation and compliance requirements under these amendments.

Key aspects of this update include:

(a) Relief from issuing self-invoices under reverse charge mechanism – Taxable persons are not required to issue self-invoices when applying the reverse charge mechanism. They must retain supporting documents for supply transactions as specified by the Executive Regulation. This ensures that relevant documentation is available for review while streamlining procedural requirements.

(b) Time limit for reclaiming excess refundable tax – A five-year period is established for submitting requests to reclaim any excess refundable tax following reconciliation. After this period, the right to reclaim expires, regulating the review and processing of refunds.

(c) Denial of input tax deduction in tax-evasion arrangements – The Federal Tax Authority (FTA) may deny input tax deductions if a supply is determined to be part of a tax-evasion arrangement. Taxpayers must verify the legitimacy and integrity of supplies before claiming input tax, in accordance with procedures set by the FTA.

Source – Official Source

2. EU Imposes Anti-dumping Duties on Steel Track Shoes

The European Union (EU) has imposed anti-dumping measures on imports of steel track shoes and screws without heads originating in the People’s Republic of China. The measures follow investigations that determined these products were being imported at dumped prices, causing injury to the EU industries producing the same goods.

The duties aim to restore fair competitive conditions in the EU market and apply to specific categories of steel track shoes and headless screws, as identified by the investigations.

Key aspects of these measures include – Anti-dumping duties on steel track shoes – A definitive anti-dumping duty of 62.5% has been imposed on imports of steel track shoes from China. Provisional duties have been collected since 22-04-2025. Steel track shoes are components used in tracked equipment for the construction and mining sectors, such as bulldozers and excavators. The EU industry producing these products is primarily located in Italy, valued at approximately €30 million, and employs 190 people.

Source – Anti-dumping Duty – Steel Track Shoes

Click Here To Read The Full Article

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Case Details: Oravel Stays Ltd. vs. Deputy Commissioner of Income-tax - [2025] 181 taxmann.com 155 (Delhi-Trib.)

Judiciary and Counsel Details

• Yogesh Kumar U.S., Judicial Member & Avdhesh Kumar Mishra, Accountant Member
• Ajay Vohra, Sr. Adv. & Ms Somya Jain, CA for the Appellant.
• Sumer Singh Meena, CIT-DR & Gouranga Chandra, Sr. DR for the Respondent.

Facts of the Case

The assessee, Oravel Stays Ltd., operated an online platform for booking hotel and guesthouse rooms across India and entered into agreements with various hotels under a Minimum Guarantee Revenue Model (MGRM).

Under this model, the assessee assured hotels of a minimum revenue. In the event of a shortfall in bookings or in the sale of rooms below the agreed tariff, the assessee paid a minimum guarantee fee to the hotels. The assessee did not have any exclusive right to use or occupy the hotel rooms, which were made available to the general public through its platform.

The Assessing Officer (TDS) treated the minimum guarantee fee paid to hotels as rent and held that the assessee was liable to deduct tax at source under section 194-I, thereby raising a demand under section 201. The Commissioner (Appeals) upheld the Assessing Officer’s action. The matter reached before the Delhi Tribunal.

The Tribunal examined the nature of the agreements and observed that the assessee neither had exclusive possession nor any right to use the hotel rooms for its own use. The rooms were booked directly by customers, and the payments made by the assessee were compensation for failure to achieve minimum guaranteed bookings or tariffs, not for the use of any property.

Relying on the decision of the Supreme Court in Japan Airlines Co. Ltd. v. CIT [2015] 60 taxmann.com 71 (SC), the Tribunal held that for the applicability of section 194-I, there must be a payment for the use of land or a building coupled with a lessor-lessee relationship. In the present case, no such relationship existed, and the payments were not for the use of rooms but for a business shortfall under the contractual arrangement.

ITAT Held

Accordingly, the Tribunal held that the minimum guarantee fee paid by the assessee did not constitute rent under section 194-I and that the Assessing Officer was not justified in treating the assessee as an assessee in default. The TDS demands raised were deleted, and the appeals were allowed in favour of the assessee.

List of Cases Reviewed

• Japan Airlines Co. Ltd. v. CIT [2015] 60 taxmann.com 71 (SC)/[2015] 234 Taxman 175 (SC)/[2015] 377 ITR 372 (SC)(para17) – followed.

List of Cases Referred to

• Japan Airlines Co. Ltd. v. CIT [2015] 60 taxmann.com 71 (SC)/[2015] 234 Taxman 175 (SC)/[2015] 377 ITR 372 (SC) (para 9)
• Apeejay Surrendera Park Hotels Ltd. v. Union of India [2016] 67 taxmann.com 291 (Delhi)/[2016] 383 ITR 697 (Delhi) (para 9)
• Krishna Oberoi v. Union of India [2002] 123 Taxman 709 (Andhra Pradesh)/[2002] 257 ITR 105 (Andhra Pradesh) (para 9)
• Sahana Dwellers (P.) Ltd. v. ITO [2016] 67 taxmann.com 202 (Mumbai)/[2016] 158 ITD 78 (Mumbai) (para 9)
• Johnson Watch Company (P.) Ltd. v. ACIT [ITAppeal No. 1738(Del) of 2020. dated 9-11-2022] (para 9)
• Oravel Stays (P.) Ltd. v. ACIT [2024] 159 taxmann.com 423/206 ITD 74 (Delhi – Trib.) (para 22).

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Case Details: Karthik & Co., In re - [2025] 181 taxmann.com 596 (AAR-TAMILNADU)

Judiciary and Counsel Details

• C. Thiyagarajan & B. Suseel Kumar, Member

Facts of the Case

The applicant, a wholesale and retail dealer in paints and related products holding a franchise from principal paint manufacturers, submitted that it received non-monetary benefits, including free gifts, compliments, and tour packages, for itself and its customers who purchased the manufacturers’ products. The applicant stated that the manufacturers had deducted TDS under Section 194R of the Income Tax Act. It contended that the applicant was not required to raise any tax invoice for the benefits received and submitted that such transactions did not constitute a supply under the CGST Act. The matter was placed before the Authority for Advance Ruling (AAR).

AAR Held

The Authority for Advance Ruling (AAR) held that all conditions constituting a supply under the GST law were satisfied and that the non-monetary benefits received by the applicant constituted a supply of services taxable at the rate of 18%. The AAR observed that the applicant provided augmentation, and business support to the manufacturers by achieving the desired actions and targets as expected by the manufacturers. The AAR directed that the applicant shall raise a tax invoice for the benefits received, with the value of services determined based on the benefits recorded in the TDS certificate issued by the manufacturers, in accordance with Section 7 of the CGST Act.

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