Latest Blogs from SBS and Company LLP

    Job Work - Certain Issues

    One of the main reasons that goods and services tax (for brevity ‘GST’) laws were introduced is to bring numerous indirect legislations under one single law to the extent possible. By doing this, the service tax law, excise law and value added tax law have repealed and subsumed into GST laws. Everyone was happy, because there is no requirement to understand, what is manufacture, what is goods, what is service, what is negative list, what is positive list and so on. Simply, the GST law promised, if there is a supply, there is a tax. However, that was so in the dream land and not in reality. We continue to face issues in different shapes and that was the only change, one can perceive.

    In this article, we tried to write on the issues surrounding the job work. Before deliberating on the issues, we will take a look on the concept of job work under the GST laws. The expression ‘job work’ is laid down under Section 2(68) of CT Act[1] to mean any treatment or process undertaken by a person on goods belonging to another registered person and the expression ‘job worker’ shall be construed accordingly. Section 143 details the procedures pertaining to the job work, which we will deal at appropriate place. With the above in mind, let us now proceed to examine certain issues pertaining to job work.

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    SBS Wiki E Journal September 2021

    In this edition, we bring you, an article on various shades of draft assessment orders and issue surrounding them. This is a two part series article. The next part would be in the upcoming editions.

    The next article is on certain issues surrounding the job work vis-à-vis manufacture.

    I hope that you will have good time reading this edition and please do share your feedback. I will also urge clients to mail us topics or issues on which you want us to deliberate in our future editions, so that we can contribute to the same.

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    Issue of Debentures vis - a-vis Actually Paid - Section 43B - Supreme Court Decision in MM Aqua Technologies Limited

    Claiming of a deduction in respect of expenditure which are covered under Section 43B is always a discussion point at various appellate fora. Section 43B was introduced into the Income Tax Act, 1961 (for brevity ‘ITA’) through the Finance Act, 1983, making it effective from April 01, 1984. The primary objective of Section 43B is to compel the assessee to discharge certain liabilities by actually making the payment in order to claim such expenditure. Earlier to this, the assessee was creating a provision and claiming the said expenditure as deduction while computing business profits, without actually paying them. The Government after observing this, has introduced the said section to allow the said expenses as deduction only if the same are being paid.

    The payments covered under Section 43B inter-alia includes ‘interest payable on any loan or borrowing from public financial institution in accordance with the terms and conditions of the agreement governing such loan’. This clause (d) has been inserted in Section 43B through the Finance Act, 1988 with effective from 01st April 1989.

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    Where does this ‘road’ lead to? - Taxability on Annuities - HAM Projects

    The construction of road is quintessentially a primary infrastructure and boost to the national infrastructure. The construction of road and maintenance thereof, is one of the important factors to boost the national income and economic productivity. The taxation of construction of road under the service tax regime was completely exempted from tax. Though, there was a lot of confusion on the taxation of maintenance of roads under the service tax regime, the ambiguity was put into rest by creating a specific entry for exemption. This was a huge relief to the sector and the service providers, considering the huge stakes of demands.

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    SBS Wiki E Journal August 2021

    In this edition, we bring you, an article on the issue of deduction available on basis of payment in terms of Section 43B of Income Tax Act. As all of us are aware, that Section 43B allows certain expenditures as deductions only on payment basis, there always exist a question as to the meaning of ‘payment’. Whether the payment made by way of issue of debentures would still qualify as ‘payment’ under Section 43B was recently decided by Honourable Supreme Court in the matter of MM Aqua Technologies Limited. We have surveyed the said matter right from the inception to the Honourable Supreme Court and laid down our understanding and conclusions.

    The next article is on one of the recent disturbances caused by a Circular in GST laws, which was released post GST Council meeting. The Circular tried to unsettle a settled understanding of taxability of annuities in case of Hybrid Annuity Model. The unsettling of taxability, apart from the main issue also will unsettle other issues. In this article, we have coined the problem, the issue created by circular, our conclusion on the main issue and the possible issues and their solutions, if at all tax would exist.

    I hope that you will have good time reading this edition and please do share your feedback. I will also urge clients to mail us topics or issues on which you want us to deliberate in our future editions, so that we can contribute to the same.

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