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THE EDGE
TAX & LEGAL UPDATE
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Vol 5, Part 56
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Wednesday, June 05, 2019
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Fortnightly on GST, FSSAI, RERA & More...
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REMEMBERING MR. N. M. RANKA SR. ADV..
We deeply mourn the sad demise of the tax legend Shri N. M. Ranka Sr. Adv. He was a guardian, philosopher and guide to all the legal professionals. He was a great philanthropist and contributed towards the legal education of young law students by organising Moot Court Competitions, lectures, etc. He was a living legend of the tax profession and with his demise there is a vacuum in the legal fraternity.
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Ghiya Legal invites articles for publishing in THE EDGE.
Send your contributions to contact@ghiya.in.
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CAE India (P.) Ltd. v. Commissioner of Income-tax [2019] 106 taxmann.com 4 (Bengaluru – Trib) MAY 17, 2019
ITAT uphold applicability of AS-7 to contract of building Simulators for Ministry of Defence.
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Ralhan Construction Company, New Delhi vs. ACIT, New Delhi dated APRIL 09, 2019
The element of personal use has a significant role to play while granting depreciation on any vehicle under Section 32 of the Income Tax Act, 1961.
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Sushil tuli, Shahjahanpur vs. Income Tax Officer 1(5) Shahjahanpur dated MAY 23, 2019
The income received by the assessee by sub-letting a property (warehouse) for commercial purpose would be taxable as “Income from other sources” and not under the head “income from house property” under the Income Tax law.
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St. Wilfred Educational Society v. Principal Commissioner of Income-tax (Central), Rajasthan MARCH 18, 2019
Where registration of assessee educational society under section 12AA was cancelled on ground that huge cash amount belonging to assessee in old denomination notes was found during search on premises of assessee's bank where management of assessee had effective control and same was kept there with an intention to get it exchanged with new currency, since source of such cash was established to be fees collected from students and such fees was recorded in books of account and cash was physically found in possession of assessee's bank, impugned withdrawal of registration was unjustified.
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Commissioner of Income-tax, International Taxation v. Shanghai Electric Group Co. Ltd. [2019] 105 taxmann.com 312 (SC) FEBRUARY 1, 2019
Where High Court upheld Tribunal's order deciding issue of levy of interest under section 234B in assessee's favour merely on basis of its earlier order passed in another case, SLP filed against said decision of High Court was to be granted.
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GST
Patran Steel Rolling Mill v. Assistant Commissioner of State Tax [2019] 105 taxmann.com 263 (Gujarat) APRIL 15, 2019
Where Competent Authority, exercising under section 83, had attached bank accounts of assessee and High Court by a judgment and order dated 20-12-2018 had set aside impugned order and Competent Authority, by order dated 8-3-2019, once again had attached very same bank accounts of assessee by an identically worded order, Competent Authority was called upon to show cause as to why he should not be made personally liable to pay costs of petition.
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Octagon Communications (P.) Ltd. v. Union of India [2019] 105 taxmann.com 262 (Gujarat) APRIL 18, 2019
Where assessee was not able to file returns in Form GSTR-3B for months November, 2017 onwards and it filed writ petition contending that there was no condition for making payment of tax as a pre-condition for filing return of Form GSTR-3B and in absence of any such provision, on-line system of department, which did not allow filing of returns without payment of tax liability admitted as per such returns, was contrary to legal provisions, assessee was permitted to file manual returns in Form GSTR-3B, which would be subject to final outcome of petition.
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Pankaj Advertising v. State of U.P. [2019] 103 taxmann.com 109 (Allahabad) FEBRUARY 8, 2019
Where assessee was engaged in advertising business and Nagar Palika Parishad, Hathras, under provisions of Nagar Palika Parishad, Hathras (Vigyapan Kar Ka Nirdharan Aur Wasuli Viniyaman) Upvidhi, 2005, had levied advertisement tax upon assessee, in view of omission of section 128(3)(vii) of Uttar Pradesh Municipalities Act, 1916 by virtue of section 173 of Uttar Pradesh Goods and Services Tax Act, 2017, levy of advertisement taxwas without legislative or statutory competence.
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Upcoming due dates under GST & Income Tax Laws:
| GSTR-6 |
13th Jun |
| GSTR-7 (May 2019) |
10th Jun |
| Statement by e-commerce companies (May 2019) |
10th Jun |
| GSTR-1 (Apr 2019) for the specified 14 districts in Odisha. |
10th Jun |
| GSTR-1 (May 2019) |
11th Jun |
| PF Payment (May 2019) |
15th Jun |
| ESIC Payment (May 2019) |
15th Jun |
| GSTR-3B (May 2019) |
20th Jun |
| GSTR-5 & GSTR-5A (May 2019) |
20th Jun |
| GSTR-9, GSTR-9A and GSTR-9C (2017–18) |
30th Jun |
| GSTR-1 (Qtr Apr – Jun 2019) |
31st Jul |
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NOTIFICATIONS / AMENDMENTS
CUSTOMS - CIRCULAR
Circular No. 13/2019-Customs dated 03.06.2019:
Implementation of PGA eSanchit- Paperless processing under Swift- Uploading of Licenses/Permits/Certificates/Other Authorizations (LPCOs) by PGAs.
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Circular No. 14/2019-Customs dated 03.06.2019:
Simplified auto-registration of beneficiaries (IEC holders) on ICEGATE for eSanchit and Other benefits.
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CUSTOMS – NON TARIFF
Notification No. 37/2019-Cus(NT) dated 16.05.2019:
Exchange Rates Notification No.37/2019-Custom(NT) dated 16.05.2019
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Notification No. 38/2019-Cus(NT) dated 31.05.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver- Reg
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Notification No. 39/2019-Cus(NT) dated 31.05.2019:
Exchange Rates Notification No.39/2019-Custom(NT) dated 31.05.2019.
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INCOME TAX ORDERS
Extending the due date for filing TDS statement in Form 24Q and issue of TDS certificate dt. 04.06.2019.
Order u/s. 119 extending due date for TDS Odisha.
Read More
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New threshold limit of Rs. 40 lakh for GST registration is applicable on:
A: Supply of goods only
B. Supply of goods and services
C. Supply of services only
Click here
Last date to participate: Jun 09, 2019
PREVIOUS WEEK'S WINNERS
Sunil Maheshwari, Alwar
Govind Agarwal, Indore
Harjeet Hasija, Bhopal
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The Real Estate Regulatory Authority (RERA):
Bihar has slapped penalty of Rs 32 lakh and Rs 27 lakh on Aryavart Lifespaces Private Limited and Patligram Builders Private Limited, respectively, for non-compliance of the provision of Section 3 of the Real Estate (Regulation & Development) Act 2016.
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Press Release by CBIC:
Clarifications on filing of Annual Return (FORM GSTR-9)
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Press Release by PIB:
GST Revenue collection for May, 2019
Read More
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Editorial Team :
Meenal Ghiya, Priyamvada Joshi & Deepak Garg
Disclaimer: "The Edge" is meant for informational purpose only and does not claim to be advice or opinion, legal or otherwise, whatsoever. The information provided is not intended to create any advocate-client relationship and is not for advertising. The views expressed by the Author(s) are their personal views.
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