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Introduction: Why These IMS Updates Matter

The Goods and Services Tax Network (GSTN) is the backbone of India’s GST system. It powers the filing of returns, reconciliation of invoices, and the management of Input Tax Credit (ITC). To make compliance more seamless and taxpayer-friendly, the Invoice Management System (IMS) within the GSTN has undergone significant updates, which will be effective from the October 2025 tax period.

These updates have been introduced after extensive feedback from businesses and tax professionals. They aim to:

1. Simplify GST compliance

2. Reduce confusion in ITC reversals

3. Improve communication between buyers and suppliers

4. Provide flexibility to taxpayers dealing with large transaction volumes

If you are a business owner, CFO, or tax consultant, understanding these changes in advance will help you avoid compliance errors, reduce disputes, and streamline your GST processes.

What Is the Invoice Management System (IMS)?

Before diving into the new updates, let’s understand the basics.

The Invoice Management System (IMS) is an integrated feature in the GST portal that helps:

1. Track invoices, debit notes, and credit notes shared by suppliers

2. Reconcile them with your purchase records

3. Manage ITC claims efficiently

Essentially, IMS acts as a bridge between suppliers and buyers by displaying invoice data in GSTR-2B (for recipients) and ensuring that tax credits are claimed accurately.

With the new changes coming in October 2025, the IMS will become more flexible, transparent, and accurate, reducing compliance burdens.

Key Highlights of the October 2025 IMS Updates

GSTN has focused on three major areas for improvement:

1. Pending Action for Specified Records
   (Flexibility to defer action on certain invoices or notes)

2. Declaring ITC Reduction Amount
   (Precision in ITC reversals—no more guesswork)

3. Option to Save Remarks
   (Enhanced communication between buyers and suppliers)

Each of these updates has practical implications for businesses. Let’s break them down one by one.

1. Pending Action for Specified Records

What Has Changed

Previously, businesses were required to take immediate action on all records (invoices, debit notes, credit notes, etc.) communicated by suppliers. This caused challenges:

1. Companies with high transaction volumes struggled to review each record within the same tax period.

2. Errors often occurred when premature acceptance or rejection of documents took place.

3. Once action was taken, reversing it later became cumbersome.

To resolve these issues, GSTN now allows taxpayers to keep certain records in a “Pending” status for a limited period.

Who Can Use This Feature

• Monthly taxpayers: Can defer action for one month

• Quarterly taxpayers: Can defer action for one quarter

This provides much-needed breathing space to verify documents before finalizing them.

Records Eligible for Pending Action

Taxpayers can keep the following records pending:

1. Credit Notes or Upward Amendments of Credit Notes

2. Downward Amendments of Credit Notes, but only if the original credit note was rejected earlier

3. Downward Amendments of Invoices or Debit Notes, provided that:

   1. The original invoice was accepted, and

   2. GSTR-3B for that period has already been filed

4. Downward Amendments of ECO-Documents (E-Commerce Operator Records), provided that:

   1. The original document was accepted, and

   2. GSTR-3B has been filed

Important Timeline

The due date for keeping records pending is linked to the tax period or date in which the supplier communicated the document.

For example:

• If your supplier issues a credit note in August 2025 but you file monthly returns, you may choose to keep it pending only until your September 2025 return.

Benefits of the Pending Option

• Flexibility: Allows businesses to conduct internal verifications before acting.

• Reduced Errors: Minimizes mistakes caused by rushed accept/reject decisions.

• Better Reconciliation: Facilitates smoother invoice matching and ITC claims.

2. Declaring ITC Reduction Amount

Earlier Challenges

Earlier, businesses often had to reverse ITC without clear guidance on:

1. How much ITC was originally availed on a particular invoice

2. Whether any ITC was availed at all

This lack of clarity led to:

1. Over-reversals or under-reversals

2. Compliance disputes and audit issues

3. Additional financial burden for businesses

What’s New in October 2025

The IMS now includes a dedicated facility to declare the ITC reduction amount more accurately.

Key clarifications by GSTN:

1. If no ITC was availed on an invoice, no reversal is required.

2. If partial ITC was availed, only that portion needs to be reversed.

This feature introduces data-driven accuracy into ITC management.

How It Works

Businesses can now:

1. Declare the exact amount of ITC availed on each invoice.

2. Reverse ITC fully or partially as per actual availment.

3. Apply the feature even if a reversal was already made earlier.

4. Avoid reversals entirely if ITC was never claimed.

Example for Better Understanding

Let’s consider a real-world example.

1. A supplier issues an invoice of ₹1,00,000 with GST of ₹18,000.

2. The recipient avails only ₹10,000 of ITC (due to partial eligibility).

Earlier:
Reversal often applied to the entire ₹18,000, creating a mismatch.

Now:
Reversal will apply only to the ₹10,000 actually availed.

If no ITC was claimed, no reversal is needed.

Benefits for Businesses

• Reduced Compliance Burden: Pay only what is necessary.

• Lower Dispute Risk: Ensures audit-friendly documentation.

• Enhanced Transparency: Aligns ITC reversals with actual claims.

3. Option to Save Remarks

Why This Matters

Disputes and delays often arise due to lack of clarity between buyers and suppliers regarding why a record was kept pending or rejected.

New Feature in IMS

Taxpayers can now add optional remarks when taking action on records such as invoices, credit notes, or ECO-documents.

How It Works

1. While marking a record as Pending or Rejected, a taxpayer can add a brief remark.

2. This remark will be visible:

   1. To the recipient in GSTR-2B

   2. To the supplier in their Outward Supplies Dashboard

Benefits of Using Remarks

• Improved Transparency: Both parties can see the reason for action.

• Fewer Disputes: Suppliers get clear feedback and can act accordingly.

• Better Documentation: Creates an audit trail for future reference.

Example Scenario

Suppose a business marks a credit note as pending and adds the remark:

“Awaiting supplier confirmation on GST rate change.”

This remark alerts the supplier to review and resolve the issue promptly, reducing delays and confusion.

Applicability and Timeline of New Features

1. The new ITC declaration and reversal feature will be effective from the October 2025 tax period.

2. It will apply only to records filed by suppliers after the rollout date.

3. Older records filed before the rollout will remain unaffected.

Practical Steps Businesses Should Take

1. Review All Invoices and Credit Notes

Ensure that all documents received from suppliers are accurate and complete before acting in IMS.

2. Train Finance and Tax Teams

Teams should be well-versed in:

1. Using the Pending Action feature

2. Entering exact ITC amounts

3. Adding remarks effectively

3. Improve Communication with Suppliers

Leverage the new remarks feature to:

1. Flag discrepancies early

2. Speed up resolution of mismatches

3. Maintain strong vendor relationships

4. Maintain Proper Documentation

Ensure that all pending records, ITC declarations, and remarks are properly archived for:

• Internal audits

• Statutory audits

• Future reference

5. Consult Professionals if Needed

For businesses with large transaction volumes or complex ITC structures, consulting a GST expert can help ensure a smooth transition.

Benefits of the IMS Updates for Businesses

Key Takeaways

• Flexibility in Compliance: Pending action option reduces compliance pressure.

• Precision in ITC Reversals: Avoids unnecessary payments or disputes.

• Transparency and Communication: Remarks feature improves coordination between buyers and suppliers.

• Audit-Friendly System: Reduces risks during GST audits.

Conclusion: Embrace the Change for Better GST Compliance

The October 2025 IMS updates by GSTN mark a significant shift toward simplified, transparent, and accurate GST compliance. By adopting the new features proactively, businesses can:

1. Avoid last-minute compliance challenges

2. Minimize disputes and mismatches

3. Build better relationships with suppliers

4. Enhance overall operational efficiency

As India’s GST ecosystem continues to evolve, staying informed and compliant is key to hassle-free business operations. Start preparing now to leverage the full benefits of the IMS updates.

Introduction

The relationship between law enforcement and economic growth has always been delicate in India’s fast-evolving commercial landscape. When powerful legal mechanisms like the Prevention of Money Laundering Act, 2002 (PMLA) intersect with industries that employ thousands, the stakes are enormous. A recent Supreme Court development involving Roop Bansal, a senior figure in M3M, a major real estate developer, has reignited debate on whether India’s enforcement framework should evolve beyond rigid asset freezes toward balanced solutions that also protect innocent stakeholders.

In July 2025, the Supreme Court allowed the substitution of provisionally attached properties—a decision that could reshape the way enforcement agencies act under PMLA. Although the order is case-specific and does not create binding precedent, it has raised critical policy questions. Could litigation like this pave the way for new legislation that balances robust enforcement with economic continuity? This blog examines the Roop Bansal case, explores its legal and economic context, and considers its long-term implications for India’s enforcement policies.

Background: PMLA and Its Enforcement Mandate

The Purpose of PMLA

The PMLA was enacted in 2002 to combat money laundering and confiscate assets derived from crime. Section 5 empowers the Enforcement Directorate (ED) to provisionally attach property suspected to be “proceeds of crime” even before trial or conviction. The idea is to prevent accused parties from dissipating assets before the law can act.

The Enforcement Dilemma

While pre-emptive attachment safeguards public funds, it can also halt legitimate commercial activity. Real estate projects, for instance, involve investments from homebuyers, banks, and contractors—many of whom have no connection to alleged offences. Freezing operational assets midstream can:

1. Leave homebuyers stranded without possession or refunds.

2. Put workers and vendors out of jobs.

3. Trigger defaults on loans, affecting financial institutions.

4. Reduce tax revenues for state governments.

The Roop Bansal matter exposes this tension between strict enforcement and economic stability.

The Roop Bansal Case: What Happened

Facts in Brief

1. The ED provisionally attached properties linked to M3M under suspicion of being connected to proceeds of crime.

2. Instead of contesting the attachment outright, Roop Bansal’s legal team proposed substitution—offering built-up commercial assets of equal value to the ED.

3. The Supreme Court accepted this substitution, ensuring enforcement interests were protected while allowing ongoing projects to continue.

Why It Matters

This is the first high-profile instance where asset substitution has been allowed at this scale. The Court’s reasoning was rooted in:

1. Protecting innocent third parties (homebuyers, employees).

2. Preserving economic activity that generates taxes and jobs.

3. Maintaining ED’s security interest against dissipation of alleged proceeds of crime.

Judicial Discretion as a Policy Catalyst

Silence in the Statute

The PMLA does not explicitly allow substitution of attached properties. Chapter III outlines attachment and adjudication procedures but remains silent on alternatives.

Inherent Powers of the Supreme Court

The Court relied on its inherent powers to balance enforcement objectives with public interest. By crafting a solution outside statutory text, it demonstrated how judicial discretion can catalyze policy innovation.

A Precedent for Discussion, Not for Courts Alone

While this order does not bind lower courts, it sets a persuasive example. Future litigants and policymakers may look to it as evidence that enforcement rigidity can be tempered when wider socio-economic consequences are at stake.

Economic Impact: Real Estate, Employment, and Public Interest

The Scale of M3M’s Operations

M3M’s projects reportedly created over 1 lakh jobs and affected 5 lakh stakeholders. A blanket freeze could have disrupted:

1. Home deliveries to thousands of buyers.

2. Livelihoods for construction workers.

3. State revenues from stamp duty and GST.

Ripple Effects on the Economy

Freezing operational assets in such cases could lead to:

1. Investor flight—both domestic and foreign.

2. Delayed infrastructure projects, increasing costs.

3. Loss of public trust in regulatory fairness.

The substitution approach preserved economic continuity without compromising enforcement.

Key Legal Questions Raised

Should Substitution Be Codified?

A statutory framework could formalize substitution, ensuring:

1. Clear guidelines on when and how substitution is permissible.

2. Transparency for all stakeholders.

3. Reduced litigation due to consistent procedures.

How to Assess Proportionality?

Policymakers must define proportionality standards:

1. Should the value of substituted assets exceed the original attachment by a buffer?

2. How to ensure liquidity and marketability of substituted assets?

Public Interest Considerations

Future enforcement policy might explicitly weigh public interest, especially for industries like real estate or infrastructure.

Comparative Perspective: Global Practices

Many jurisdictions allow alternative enforcement mechanisms:

• United Kingdom: Courts may permit undertakings or charge replacements.

• United States: Asset substitution is codified under specific statutes to prevent disruption of ongoing businesses.

• Singapore: Authorities balance asset freezes with economic continuity in large-scale projects.

India’s move toward substitution could align its enforcement with international best practices.

Potential Legislative Pathways

Amendments to PMLA

Parliament could:

1. Add a new section explicitly permitting substitution under strict safeguards.

2. Define time limits for evaluating substitution proposals.

3. Mandate public interest impact assessments for large-scale attachments.

Guidelines for ED

Even without immediate legislative change, the Ministry of Finance or ED could issue operational guidelines. This would:

1. Provide certainty to businesses.

2. Reduce judicial workload by preventing repetitive litigation.

3. Protect innocent third parties.

Implications for Real Estate and Infrastructure

Boosting Investor Confidence

Clear rules on substitution can:

1. Encourage foreign direct investment.

2. Reassure domestic developers that genuine projects won’t be unnecessarily stalled.

Protecting Homebuyers and Workers

By preventing project stoppages, substitution safeguards:

1. Homebuyers’ investments.

2. Jobs and wages for workers.

3. Timely delivery of urban infrastructure.

Challenges and Criticisms

Risk of Abuse

Critics may argue that substitution could become a loophole for offenders to shield ill-gotten assets. Safeguards are crucial:

1. Rigorous valuation of substituted assets.

2. Independent verification by neutral experts.

3. Continuous monitoring of substituted property status.

Administrative Burden

The ED may face increased workload in evaluating and monitoring substituted assets. Adequate training and resources will be essential.

Broader Policy Implications

Balancing Enforcement and Economy

The case highlights the need for holistic policy design—one that deters crime but does not cripple economic engines.

A Template for Other Sectors

Beyond real estate, industries such as banking, telecom, and infrastructure could benefit from similar approaches when enforcement action risks widespread disruption.

The Role of Stakeholders

Judiciary

Courts can continue to fill legislative gaps where urgent economic interests are at stake.

Legislature

Lawmakers can use this case as a reference point to introduce amendments.

Businesses

Corporations must maintain robust compliance frameworks to minimize risk and demonstrate good faith during investigations.

Civil Society and Media

Public scrutiny ensures that flexibility in enforcement is not misused for favoritism or corruption.

Lessons for Compliance and Risk Management

Strengthening Internal Controls

Companies should:

1. Maintain transparent records.

2. Regularly audit financial transactions.

3. Develop contingency plans for enforcement actions.

Engaging Proactively with Regulators

Proactive communication with enforcement agencies can build trust and may open doors for negotiated solutions like substitution.

From Litigation to Legislation: The Road Ahead

The Roop Bansal case underscores a broader truth: litigation often drives legislative evolution. Similar to how landmark judgments in privacy or environmental law shaped India’s statutes, this matter could prompt Parliament to refine the PMLA framework.

Possible future developments include:

1. Introduction of a Substitution Clause within PMLA.

2. Creation of Public Interest Impact Reports for major attachments.

3. Establishment of special benches to expedite substitution matters.

Practical Takeaways for Legal Practitioners and Businesses

• Lawyers: Stay updated on emerging substitution practices to advise clients effectively.

• Developers: Maintain clean financial practices to qualify for relief measures like substitution.

• Investors: Factor in enforcement flexibility when evaluating Indian markets.

• Policy Analysts: Monitor similar cases for signals of upcoming legislative change.

Conclusion

The Roop Bansal case is more than a single dispute—it’s a turning point in how India may balance strict anti-money laundering enforcement with economic pragmatism. By recognizing the real-world consequences of asset freezes and exploring substitution mechanisms, the Supreme Court has opened the door to progressive legislative reform.

If lawmakers codify substitution under strict safeguards, India’s enforcement framework could become both robust and responsive, ensuring that justice is served without crippling legitimate enterprise or punishing innocent stakeholders. The journey from litigation to legislation is not new in Indian law—but in the context of economic enforcement, the Roop Bansal matter could be a landmark moment that reshapes the future of compliance, risk management, and business confidence in the country.

Introduction

For decades, transgender persons in India faced systemic discrimination, invisibility, and denial of basic dignity. From being excluded from education and employment to enduring violence and harassment, their struggle for recognition was long and difficult. But over the past decade, India has witnessed a transformative shift. Through landmark Supreme Court judgments, constitutional interpretations, and parliamentary enactments, transgender persons are now recognised as equal citizens with enforceable legal rights.

Who Is a Transgender Person?

The Transgender Persons (Protection of Rights) Act, 2019 defines a transgender person as someone whose gender identity does not match the sex assigned at birth. This includes:

1. Trans men and trans women (individuals transitioning from male to female or vice versa).

2. People with intersex variations.

3. Genderqueer persons who don’t fit into the binary male-female categories.

4. Socio-cultural identities such as Hijras, Kinnars, Jogtas, and Aravanis, who have historically formed distinct communities in India.

This legal recognition affirms that gender identity is self-determined—it does not depend on medical surgeries or third-party approval.

Recognition as the Third Gender

In NALSA v. Union of India (2014), the Supreme Court made a historic ruling:

1. Transgender persons are to be legally recognised as “third gender.”

2. Self-identification of gender is a fundamental right.

3. Central and state governments must treat transgender persons as socially and educationally backward classes to provide reservations in education and employment.

4. Governments must create public awareness campaigns and welfare programmes to reduce stigma.

This judgment was a turning point—for the first time, the Indian judiciary explicitly stated that denying recognition violates Articles 14, 15, 16, and 21 of the Constitution.

Constitutional Protections

The Indian Constitution ensures transgender persons enjoy the same fundamental rights as every other citizen:

● Article 14 – Equality Before Law

No person can be denied equality before the law or equal protection under it.

● Article 15 – Prohibition of Discrimination

The State cannot discriminate on the grounds of sex, gender, caste, or religion. Courts have held that “sex” includes gender identity.

● Article 16 – Equal Opportunity in Public Employment

Transgender persons cannot be denied government jobs or promotions based on gender identity.

● Article 19(1)(a) – Freedom of Expression

Individuals may express their gender identity through dress, speech, or mannerisms.

● Article 21 – Right to Life and Dignity

This broad provision guarantees privacy, autonomy, and the right to live with dignity—including the choice of one’s gender identity.

The Transgender Persons (Protection of Rights) Act, 2019

To implement NALSA’s directions, Parliament enacted the Transgender Persons (Protection of Rights) Act, 2019. Its key features include:

a. Self-Identification of Gender

1. Transgender persons can legally identify their gender without undergoing surgery.

2. Application to the District Magistrate allows for a Certificate of Identity, which can later be updated after gender-affirming procedures.

b. Non-Discrimination

• Schools, employers, hospitals, and public offices cannot deny services or opportunities based on gender identity.

c. Right to Residence

• Families cannot force a transgender person out of their home. If neglected, rehabilitation centres must be provided.

d. Healthcare Rights

1. Government hospitals must provide separate wards, hormone therapy, and gender-affirming surgeries where feasible.

2. Health insurance schemes should cover transgender-specific needs.

e. Complaint Mechanism

• Establishments with more than 100 employees must appoint a Complaints Officer to address discrimination cases.

f. Penalties

Section 18 of the Act criminalises physical, sexual, verbal, emotional, or economic abuse of transgender persons, with imprisonment ranging from 6 months to 2 years.

Gender Identity and Transition

While medical procedures are not mandatory, transgender persons may choose:

1. Hormone therapy to develop physical traits aligning with their gender.

2. Gender-affirmative surgeries for physical transition.

3. Counselling and mental health support to navigate emotional and social changes.

The Supreme Court has affirmed that gender identity is valid regardless of surgical status. Employers, schools, and families cannot demand proof of surgery.

Key Judgments Strengthening Transgender Rights

Beyond NALSA, several cases have advanced protections:

• Navtej Singh Johar v. Union of India (2018): Decriminalised consensual same-sex relations under Section 377 IPC, affirming dignity for LGBTQ+ communities.

• Justice K.S. Puttaswamy v. Union of India (2017): Recognised privacy as a fundamental right, protecting sexual orientation and gender identity.

• Arun Kumar v. Inspector General of Registration (2019): Validated the marriage of a man and a transgender woman under Hindu Marriage Act.

• Anjali Guru Sanjana Jaan v. State of Maharashtra (2021): Held that a transgender woman could contest elections as a woman.

• Nangai v. Superintendent of Police (2014): Declared forced gender tests unconstitutional.

These decisions reinforce that transgender rights are human rights.

Specific Rights and Welfare Measures

Education Rights

1. Schools and colleges must provide equal opportunities and safe environments.

2. Many states extend scholarships and free uniforms to transgender students.

3. The University Grants Commission (UGC) has urged universities to include “other” as a gender category.

Employment Rights

1. Employers cannot deny jobs or promotions based on gender identity.

2. Some states classify transgender persons as OBC for reservations.

3. The Ministry of Social Justice runs skill development programmes to improve employability.

Healthcare Rights

1. Government hospitals must not deny treatment.

2. Free HIV screening and mental health services are available.

3. Private hospitals are encouraged to adopt inclusive policies.

Housing Rights

1. Transgender persons can reside in family homes or seek Garima Greh shelters (safe homes funded by the Ministry of Social Justice).

2. They must be allowed access to public spaces, transport, and housing without discrimination.

Social Welfare Schemes

SMILE Scheme (Support for Marginalised Individuals for Livelihood and Enterprise):

1. Provides scholarships, skill training, and healthcare support.

2. Aims to reintegrate transgender persons into society through economic empowerment.

Garima Greh Programme:

• Offers housing, counselling, food, and vocational training to homeless or abandoned transgender persons.

Protection from Abuse and Harassment

• Section 18 of the 2019 Act: Punishes abuse with imprisonment.

• Domestic Violence Act, 2005: Protects transgender women in family settings.

• POSH Act, 2013: Extends sexual harassment protections to transgender employees and students.

• Victims can file complaints through the National Transgender Portal or approach the District Legal Services Authority for free legal aid.

Political and Public Rights

1. Voter ID forms include an “Other” option.

2. Transgender persons can contest elections and hold public office.

3. Access to public transport and amenities cannot be denied.

Practical Steps to Claim Your Rights

1. Obtain a Certificate of Identity from the District Magistrate to update documents like Aadhaar, PAN, and passports.

2. Report discrimination at workplaces to the Complaints Officer or labour commissioner.

3. File an FIR if facing harassment or abuse—citing Section 18 of the 2019 Act or IPC provisions.

4. Approach NGOs or Legal Services Authorities for free legal aid or counselling.

5. Use the National Portal for Transgender Persons for grievance redressal or welfare scheme applications.

Challenges That Remain

Despite robust legal protections, challenges persist:

• Social Stigma: Prejudice often prevents transgender persons from accessing opportunities.

• Implementation Gaps: Many institutions fail to comply with the 2019 Act’s provisions.

• Healthcare Barriers: Few hospitals provide affordable gender-affirming care.

• Employment Discrimination: Workplace inclusivity is still evolving.

Addressing these issues requires consistent enforcement, public awareness, and community support.

How Society Can Contribute

• Employers: Adopt inclusive hiring policies and sensitivity training.

• Schools: Provide awareness programmes and anti-bullying measures.

• Families: Offer emotional and financial support to transgender members.

• Citizens: Use correct pronouns, challenge stereotypes, and advocate for equality.

Conclusion

The rights of transgender persons in India are no longer invisible—they are enshrined in the Constitution, upheld by Supreme Court judgments, and codified in Parliamentary law. From NALSA (2014) to the 2019 Act, India has moved toward a more inclusive society. But the journey doesn’t end with legal recognition. Real equality requires changing hearts and minds, enforcing laws effectively, and ensuring that every transgender person can live with dignity, safety, and opportunity.

Whether you are transgender or an ally, know the law, use your voice, and stand for justice—because equality is not a privilege; it is a fundamental right.