The new BER-SER structure separates GST from commissions, reducing base payouts. Non-registered distributors face direct income loss as GST is no longer embedded.
The guide explains practical steps to identify MSME-registered vendors despite no official lookup system. It highlights documentation-based verification as the most reliable approach.
Companies that settle all MSME dues within 45 days are not required to file MSME Form 1 under original provisions. The rule focuses on delayed payments rather than routine reporting. Maintaining prompt payment practices avoids compliance burden.
Refunds under customs law are allowed only when the claimant proves the duty burden was not passed to another. Courts have held that failure to establish this results in denial of refund and credit to the Consumer Welfare Fund.
The requirement to file MSME-1 arises only when payments to Micro and Small Enterprises remain outstanding beyond 45 days. The framework clarifies that timely payments eliminate the filing obligation, making it a conditional compliance requirement.
Reimbursements are taxable if they form part of consideration under GST valuation rules, regardless of their label. Only limited cases meeting strict pure-agent conditions qualify for exclusion.
The court recognized cryptocurrency as property, but lack of statutory clarity leaves companies uncertain about holding, accounting, and liquidating crypto assets.
Failure to serve notices at the updated registered address invalidates GST proceedings. The Court emphasized strict adherence to proper service requirements and natural justice.
Courts held that investment in under-construction property qualifies as construction under Sections 54/54F. Deduction cannot be denied if investment is completed within the prescribed period, even if started earlier.
The new Act retains the arm’s-length principle but introduces refined definitions, stricter compliance, and enhanced penalties for related-party transactions.
