“ 5th Annual Intensive Workshop on Goods and Services Tax ”
From concepts to expertise……

Coverage in Session

Inaugural Session

Guest of Honour: CA K. G. Somani

CA K.G. Somani

Past President – ICAI (1988-89)

New Delhi

Intrinsic Issues in the Concepts of Supply, Business, Taxable Person and Valuation

• Difference between various components of Supply
• Precautions needed to establish genuinity of Supply
• Sales Return – Adverse Impact of Issuing Supply Invoices instead of Debit Note
• Exemptions under Reverse Charge Mechanism
• Can the GST under Reverse Charge paid after 30th November of next financial year, be availed as Input?
• Consideration vs. Value
• Interplay between Section 15 and Valuation Rules
• Facilities provided to receive a supply-Whether Consideration?
• Issues in Post Supply Discount or incentives and Linking with Credit Notes
• Concept of Pure Agent vs taxability of Reimbursements vs expenses incurred, or supplies provided by the buyer of Services or goods
• GST on Personal Guarantees, Corporate Guarantees, Usage of Common Brand, etc
• Important related AARs, High Court and Supreme Court Rulings

Adv (CA) Rakesh Garg

Senior Partner – SAR LEGAL, Advocates & Consultants

New Delhi

Writ Jurisdiction under GST

• Absence of GST Tribunal – What Matters can be taken to writ jurisdiction and related strategy
• Coercive Action by Department – Writ Defense
  • Cancellation of Registration
  • Impounding of Books and Records
  • Blocking of ITC Ledger
• Alternative Remedies to be exhausted before a maintainable writ can be filed.
• Case Study
• Important related AARs, High Court and Supreme Court Rulings

Adv (CA) Jai Kumar Mittal

Advocate – Supreme Court of India

New Delhi

Cross Charge and Input Service Distributor (ISD)

• Concept of ISD in GST and its relevance
• ISD Vs. Cross Charge : suitability in different cases
• Cost Allocation within same PAN or to other PAN and Taxability
• Taxability of HO vs Marketing Office
• Case Study on ISD vs Cross Charge
• Identification of point of Supply within same company
• Issues & Limitations of ISD registration
• Important related AARs, High Court and Supreme Court Rulings

CA Manmohan Khemka

Partner – Samynk & Co

New Delhi

Tea with Snacks (5:15pm - 5:45pm)

Critical Issues in Supply

• Types of Supply (Composite and Mixed Supply) and Classification Methodology
• Intermediary Supply – Classification, Litigation, and Refund
• Important related AARs, High Court and Supreme Court Rulings

Adv (CA) Puneet Agrawal

Senior Partner – ALA Legal, Advocates & Solicitors

New Delhi

Input Tax Credit

• Basic Understanding of Concept of Input Tax Credit
• Key Conditions for Availment of ITC
• Practical Issues Including which Input should not be taken and which are to be surrendered (at what stage) along with Implications
• Issues in Revival of ITC claim successfully - when and how including
  • implication of settlement of underlying payment on arbitration or court judgement or
  • late filing of GSTR1 and/or GSTR3B by Supplier or
  • Material amounts payable on milestones or satisfaction
• Part receipt of Goods, Services received in part/ lots,
• Relevance of receipt of goods under deemed service transaction,
• Payment of invoices within 180 days and business concept of Credit Period,
• Effect of discount and settlement, SD & ED deductions,
• Computation of D2 (in Rule 42) whether mandatory?
• Credit eligibility: Festival expenses, business gift items, Job Works
• Credit Eligibility: Motor Vehicle related supplies, Works Contract, Construction, P&M, Telecom towers.
• Key issues in rule 43 (not annual review) and rule 42 (approach to annual review of multi-year supplies)
• ITC Reversal for non-payment of tax by supplier rule 37A
• how to take credit of GST paid under protest or voluntarily at time of survey or search
• Taxability on Cancellation Charges of Hotel Bookings, Flight Ticketing etc -Rate and Implications
• ITC Eligibility and Planning in Rentable Assets like Shopping Mall, Commercial Buildings, Hotels etc.
• GSTR2A Matching for 2017-18 and 2018-19
• Important related AARs, High Court and Supreme Court Rulings

Adv. Shivam Mehta

Executive Partner – Lakshmikumaran & Sridharan

New Delhi

Coverage in Session

Finalization of Accounts from GST perspective

• Disclosures in Audited Financial Statements on GST-
• Reporting under CARO for GST
• Year End provisions, corrections and related adjustment entries and impact on GST
• Reconciliation of GSTR, Annual Return and Books of Accounts
• How to present the Reconciliation Statement under GST Annual Return
• Reporting of reconciliation and variation reasons
• Key learnings from GST related practices in computerized environment and precautions to be taken
• Tax Audit (Income Tax) – GST Reporting impact

CA Atul Gupta

Past President – The Institute of Chartered Accountants of India

Senior Partner – APRA & Associates LLP

New Delhi

Place of Supply – Critical Issues

• Difference between POS and Address for Delivery
• Difference between Section 10(1)(a) and 10(1)(c) of IGST Act
• Constructive delivery
• Specific Case Studies of POS for:
• Travel Industry
• Transportation Industry
• Real Estate and its allied Services (including Renting)
• Training Services
• IT Industry
• Exhibitions, Events, Conferences (Physical / Online / Hybrid)
• OIDAR (IT Enabled or digital delivery)
• Important related High Court and Supreme Court Rulings

CA Bimal Jain

Founder & Managing Partner – A2Z Taxcorp LLP

New Delhi

Complex Issues for GST Practitioners & Annual Return under GSTR 9 and GSTR 9C

• Approaches to calculate Exempt supply aggregate turnover and ITC Reversal
• Identifying Fixed establishment for Supplier of Service
• Refunds under Various Categories – Practical Problems and Litigations
• Specific Issues in refund of ITC- Capital Goods, Input Services
• Various Certificates to be issued by Chartered Accountants under GST- Precautions to be taken
• Reconciliation of various figures with Audited Financials
• Importance of Reconciliation of Branch Trials and state wise GSTR 9
• Additional Annexure / Explanation / Workings to be enclosed with GSTR 9C – advisability

CA Nimisha Chaudhary

Director – BSR & Co LLP

Gurugram

Tea with Snacks (5:40pm -6:00pm)

Tax Policy: Way Forward

• Recent Trends in GST Tax Policy
• International Trends
• Key Learnings

CA Pratik Jain

Partner – Price Waterhouse & Co LLP

Gurugram

Critical Issues in Fake Supply, E-Invoicing and E-Way Bill

• Lessons to be Learnt: Safeguards and Evidences to prove genuineness of transactions
• Role of Artificial Intelligence (AI) and Big Data Analytics by Government, sharing of info by others
• Integration & Cross verification between NHAI, State Toll Gates, Invoice and E-Way Bill Records
• Key issues in alleged Fake Invoicing and Fake Supply
• Case Study
• Penal consequences & Journey of Litigation Important related AARs, High Court and Supreme Court Rulings

CA Vaibhav Jain

Partner – Mehra Goel & Co

New Delhi

Inspection (Survey) by Tax Authorities Search, Seizure & Recovery

• Inspection Vs. Search
  • taxable person,
  • other persons, and
  • of residential house
• Inspection Vs. Search
• Search: Approach, Powers, Limits, Challenges and rights of taxable persons
• Seizure: Approach, powers, limits and rights of taxable persons
• Offences by individuals – approach and remedies
• Offences by companies – approach and remedies
• Compounding of Offences – Eligibility & Strategy
• Summons – nature of power, refusal to attend, representation by AR, refusal of service and nature of statements
• Prosecution: Power and Limits
• Proceedings involving offense – Inapplicability of Limitation Act, Simultaneous proceedings, malicious proceedings, bail/ bonds
• Pre-emptive measure – Legal remedies
• Tax Recovery: Approach, Powers, Limits & Rights of taxable person
• Payment of tax in Instalments
• Important related High Court and Supreme Court Rulings

Adv. Manoj Mishra

Partner – Grant Thornton Bharat LLP

New Delhi

Major controversies in GST regime

• Disputed Classifications
• Cross-charge vs. ISD
• Discounts & Incentives
• Schemes & FOC supplies
• Waste/scrap left with Job Worker
• Liquidate damages
• Employee recoveries
• Secondment
• Personal & corporate guarantee
• ITC related disputes
• Important related AARs, High Court and Supreme Court Rulings

Adv (CA) Puneet Bansal

Managing Partner – Nitya Tax Associates

New Delhi

Major Supreme Court Judgements – Lessons Learnt

• Judgements which can be used in Most Common Situations
• Defense through Revenue Neutral Technical Default Related Judgements
• Writ Petition under GST pending formation of Appellate Tribunals
• Key Judgements as Grounds of Defense at Investigation Stage and at Appellate Stage

Adv Sushil Verma

Senior Attorney – SV Consultants

New Delhi

Convenor

Co-Convenor

CA Manmohan Khemka
+91 98100 64427

CA Rajesh Jain
+91 98114 40043

CA Rahul Kant
+91 98101 72936

CA. Vaibhav Jain
+91 97113 10004

Advisor

Member

CA Praveen Sharma
+91 98100 11802

CA Pramod Jain
+91 99110 73867

CA Rishabh Sawansukha
+91 98734 16002

CA Rajat Mohan
+91 99100 44223

With Best Regards,
For AICAS, CFO World & FICAF

CA Vinod Jain
Founder
+91 98110 40004

CA Pramod Kapur
President
+91 98107 30568

CA. Anil Sharma
Vice President
+91 98113 20203

CA Vaibhav Jain
General Secretary
+91 97113 10004