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GST
Frequently Asked Question
This FAQ section provides clear, expert answers to your questions regarding GST compliance, Income Tax regulations, and professional legal representation.
GST 2.0 is a major reform that simplified the tax structure into a primary two-slab system (5% and 18%), alongside a 40% rate for luxury goods. For businesses, this means many items previously taxed at 12% or 28% have been reclassified. It also introduces automated portal-driven compliance, making real-time reconciliation of GSTR-2B and GSTR-3B mandatory to avoid auto-blocking of returns.
Yes. As of the latest 2026 updates, individual life and health insurance premiums (including family floaters and senior citizen plans) are exempt from GST (0% rate). However, please note that Group Insurance provided by employers and Motor Insurance still attract the standard 18% GST.
From January 2026, the GST portal automatically calculates late fees for GSTR-9 and GSTR-9C based on your turnover. There is no longer manual flexibility to waive these fees. Additionally, failing to update your bank account details on the portal can now lead to an automatic suspension of your GST registration.
Under the latest 2026 automated compliance rules, every GST-registered taxpayer must furnish and validate their bank account details on the portal within 30 days of registration (or before filing the first GSTR-1, whichever is earlier). Failure to comply leads to automatic system-generated suspension of your GSTIN, which blocks your ability to issue invoices, file returns, or generate e-way bills.
This is a common point of confusion, but it boils down to whether the items "naturally" belong together:
| Feature | Composite Supply | Mixed Supply |
| Nature | Naturally bundled (e.g., flight + meal). | Artificially bundled (e.g., a gift hamper with chocolate and juice). |
| Principal Item | One item is clearly the main focus. | No single principal item; sold for a single price. |
| Tax Rate | Rate of the principal supply applies. | Highest rate among all items in the bundle applies. |
This is governed by Section 14. You must look at the "Point of Taxation" based on three events: (1) Date of Supply, (2) Date of Invoice, and (3) Date of Payment.
If two out of three events occur after the rate change: The new rate (5%) applies.
If two out of three events occurred before the rate change: The old rate (12%) applies.
Generally, no. For the supply of goods, the liability to pay GST arises at the time of issue of the invoice (or the last date the invoice should have been issued). However, for services, advance payments do trigger GST liability at the time the payment is received.
Yes. Budget 2026 amended Sections 15 and 34 to remove the rigid requirement of linking every post-sale discount to a specific prior agreement or invoice. If a supplier issues a credit note and the recipient reverses the corresponding ITC, the discount can now be deducted from the taxable value more easily, reducing litigation.
You cannot simply use the invoice price if it is influenced by the relationship. You must use the Open Market Value (OMV). If OMV isn't available, the value is determined as 110% of the cost of production or by comparing it to "goods of like kind and quality."
The authority rests on three primary pillars:
Article 246A: Grants both Parliament and State Legislatures the power to make laws with respect to GST.
Article 269A: Governs GST on supplies in the course of inter-state trade (IGST) and dictates how the revenue is apportioned between the Center and States.
Article 279A: Provisions for the creation of the GST Council, the joint forum that makes all major policy decisions.
No. Under Article 279A, any recommendation regarding rates, exemptions, or thresholds must come from the GST Council. This ensures the "One Nation, One Tax" remains uniform across state lines.
To reduce classification disputes and simplify compliance, the middle-tier 12% slab has been merged into the 18% standard rate, while most items previously at 28% have shifted to either 18% or the 40% demerit slab (reserved for luxury goods and tobacco).
Yes. The 5% tier remains the "merit rate," primarily covering mass-consumption items, basic food products, and essential services to protect lower-income consumers from inflation.
Usually, the supplier collects tax from the buyer (Forward Charge). However, under RCM, the recipient of the goods or services is liable to pay the tax directly to the government. This commonly applies to:
Services from an unregistered dealer to a registered person.
Specific services like Legal services by advocates or Goods Transport Agencies (GTA).
Yes. If the goods or services are used for business purposes, the tax paid under RCM can be claimed as ITC in the same month, provided all other eligibility criteria are met.
To boost global competitiveness, the law now aligns the POS for intermediary services with the location of the recipient. Previously, it was often tied to the supplier's location, which caused issues for Indian companies serving global clients. Now, if the recipient is outside India, the supply can be treated as an export (Zero-rated).
This is a "Bill-To Ship-To" scenario under Section 10(1)(b). The Place of Supply is the location of the person who directed the shipment (the "Bill-To" party).
If the "Bill-To" client is in Odisha (same as supplier), charge CGST + SGST.
If the "Bill-To" client is in Gujarat, charge IGST.
To combat inflation, several items moved from 5% to 0% (Exempt), including:
UHT Milk, Paneer, and Curd (Pre-packaged and labeled).
Life-saving drugs (e.g., Cancer treatment drugs like Keytruda).
Educational materials (Notebooks, erasers, and pencils).
No. A landmark change in the 2026 framework exempted GST on premiums for individual health insurance, senior citizen policies, and life insurance (pure term plans) to support the "Insurance for All" mission.
Income tax
Frequently Asked Question
This FAQ section provides clear, expert answers to your questions regarding GST compliance, Income Tax regulations, and professional legal representation.
Income tax is a direct tax paid to the Government of India. Unlike indirect taxes (like GST) which are applied to goods, this is levied directly on the annual earnings of individuals, corporate businesses, and other legal entities.
The revenue generated is the lifeblood of national development. It is specifically used for:
Public Services: Healthcare, education, and social welfare.
Infrastructure: Building roads, bridges, and railways.
National Security: Funding the armed forces and internal safety.
Until the new transition is complete, the Income Tax Act, 1961 remains the governing statute. It has been the primary legal framework for over six decades, though it has undergone thousands of amendments during that time.
The primary objectives are simplification and modernization. The government aims to make the tax code easier to read, reduce litigation, and create a framework that better fits the modern digital economy.
No. You calculate the income under each head separately, applying specific deductions allowed for that category. These are then added together to arrive at your Gross Total Income, which is taxed according to your applicable slab.
Yes, but usually with a benefit. For a self-occupied property, the "Annual Value" is considered Nil. However, you can still use this head to claim deductions on the interest paid on your home loan, which can actually reduce your overall taxable income.
It depends on your intent.
If you buy and sell shares every day as a trader, it is PGBP (Business Income).
If you buy shares to hold them for years as an investment, the profit you make when you finally sell is a Capital Gain.
In tax law, every rupee must have a "home." If an income (like winning a reality show prize, getting a gift from a non-relative, or earning interest on a savings account) doesn't fit into the first four specific categories, it automatically falls into "Other Sources."
