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THE EDGE
TAX & LEGAL UPDATE
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Vol 3, Part 62
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Wednesday, Nov 06, 2019
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Fortnightly on GST, FSSAI, RERA & More...
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Ghiya Legal wishes you a very "Happy Diwali"
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Ghiya Legal invites articles for publishing in THE EDGE.
Send your contributions to contact@ghiya.in.
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CHANDIGARH BENCH
Punjab Cricket Association vs. ACIT dt. 12.09.2019
Where assessee cricket association was contributing towards promotion and popularity of cricket but at same time its activities were also concentrated for generation and augmentation of revenue by exploiting popularity of game and towards monopolisation and having dominant control over cricket, to exclusion of others, assessee would not be entitled to exemption under section 11 as its activities no more fall under definition of charitable purposes as per provisions of section 2(15)
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GUWAHATI BENCH
Hotel Centre Point v. Income Tax Officer dt. 13.09.2019
Where assessee, a partnership firm, claimed exemption under section 10(26) contending that partners of firm belonged to Khasi Scheduled Tribe under article 366 of the Constitution and, thus, firm was entitled to section 10(26) exemption, since a partnership firm cannot be accepted as a member of Scheduled Tribe, said exemption could not be granted to assessee
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DELHI BENCH
Yum! Restaurants Marketing (P.) Ltd. v. Income Tax Officer, Word-18(4), New Delhi dt. 09.09.2019
Where aspect about taxability of amount received by assessee from franchisees towards advertisement contribution had been considered by High Court, Tribunal was precluded from dealing with any matter relating to aspect of that particular ground.
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JAIPUR BENCH
Om Prakash Gupta v. Assistant Commissioner of Income-tax, Jaipur dt. 07.08.2019
Where AO made addition of capital gain to assessee's income by invoking provisions of section 50C, in view of fact that at time of entering into agreement to sell assessee had received certain amount by account payee cheque, assessee's plea that DLC rate existed on date of agreement was to be adopted to compute capital gain, was to be accepted and since, as per DLC rates, declared sale consideration was in accordance with section 50C, impugned addition was to be deleted
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GST
KERALA ADVANCE RULING
Baby Memorial Hospital Ltd., In re [2019] 110 taxmann.com 514 (AAR - KERALA) dt. 05.09.2019
The Kerala bench of the Authority of Advance Ruling ( AAR ) in an application filed by M/s Baby Memorial Hospital Ltd held that artificial body parts / devices implanted in the body by means of a surgical procedure shall be classified as a composite supply which shall be exempt since the principal supply is healthcare service.
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NATIONAL ANTI PROFITEERING AUTHORITY
Sandeep Kumar vs. Nani Resorts dt. 21.10.2019
The National Anti-Profiteering Authority ( NAA ) in the matter of Sh Sandeep Kumar v M/s Nani Resorts held the respondents guilty of profiteering and hence a refund of the profiteered amount. The profiteering has been alleged in respect of the purchase of a flat in Nani Resorts’ Project wherein the benefit of input tax credit had not been passed by way of commensurate reduction in price at the time of introduction of GST.
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INCOME TAX
Principal Commissioner of Income Tax vs. NRA Iron & Steel Pvt. Ltd. dt. 25.10.2019
The Supreme Court of India has rejected a plea seeking to recall an ex-parte order citing the reason that if in-person notice was served to company’s Chartered Accountant (CA ).
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Principal Commr of Income Tax v M/s I-Ven Interactive Ltd dt. 18.10.2019
The Supreme Court of India in the case of Principal Commr of Income Tax v M/s I-Ven Interactive Ltd holding in favour of the department, ruled that notice sent to wrong address of the assessee due to non-updating of new address in PAN by the assessee is not bad in law.
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Upcoming due dates under GST & Income Tax Laws:
| Due date for deposit of Tax deducted/collected for the month of October, 2019. |
7th November |
| Due date for issue of TDS Certificate for tax deducted under section 194-IA & 194-IB in the month of September, 2019. |
14th November |
| Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending September 30, 2019 |
15th November |
| Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of October, 2019 has been paid without the production of a challan |
15th November |
| Due date for furnishing statement in Form no. 3BB by a stock exchange in respect of transactions in which client codes been modified after registering in the system for the month of October, 2019 |
15th November |
| Due Date for filing GSTR-3B for the month of October, 2019 |
20th November |
| Due date for filing GSTR-1 for the month of October, 2019 (turnover more than 1.5 cr) |
11th November |
Service by way of grant of alcoholic liquor licence, against consideration in the form of licence fee or application fee or by whatever name it is called is a:
A: Supply of goods
B. Supply of Service
c. Neither
Click here
Last date to participate: November 9, 2019
PREVIOUS WEEK'S WINNERS
• Zala Rajendra Singh, Jaipur
• Ravikumar Doddi, Hyderabad
• CA Harjeet Hasija, Allahabad
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NOTIFICATIONS / AMENDMENTS
CENTRAL TAX
Notification No. 50/2019-Central Tax , dt. 24-10-2019:
Seeks to extend the last date for filing of FORM GST CMP-08 for the quarter July-September 2019 by four days from 18.10.2019 till 22.10.2019.
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Notification No. 51/2019-Central Tax ,dt. 31-10-2019:
Seeks to amend notification no. 2/2017- Central Tax in order to notify jurisdiction of Jammu Commissionerate over UT of J&K and UT of Ladakh
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CUSTOMS – NON-TARIFF
Notification No. 75/2019-Cus (NT) d.t 15.10.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver- Reg
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Notification No. 76/2019-Cus (NT) d.t 17.10.2019:
Exchange Rates Notification No.76/2019-Custom (NT) dated 17.10.2019
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Notification No. 77/2019-Cus (NT) d.t 18.10.2019:
Road from Nongjri (Barapunji), East Khasi Hills District, Meghalaya, to Kalairag (Bangladesh) between BP No. 1251/11-S-12-S
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Notification No. 78/2019-Cus (NT) d.t 31.10.2019:
Extension in date of Sea Cargo Manifest Regulations
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Notification No. 79/2019-Cus (NT) d.t 31.10.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver- Reg
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Notification No. 80/2019-Cus (NT) d.t 01.11.2019:
Appointment of Common Adjudicating Authority for the purpose of adjudication of SCNs issued to M/s Fujirebio India Pvt. Ltd, New Delhi
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ANTI DUMPING DUTY
Notification No. 40/2019-Cus (ADD), dt. 15-10-2019:
Seeks to impose anti-dumping duty on imports of Flat rolled product of steel, plated or coated with alloy of Aluminium and Zinc originating in, or exported from China PR, Vietnam and Korea RP.
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Notification No. 41/2019-Cus (ADD), dt. 25-10-2019:
Seeks to amend notification No. 28/2018-Customs (ADD) dated 25th may, 2018, in pursuance of New Shipper Review investigation issued by DGTR.
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Notification No. 42/2019-Cus (ADD), dt. 25-10-2019:
Seeks to rescind notification No. 13/2019-Customs (ADD) dated 14th March, 2019, in pursuance of New Shipper Review investigation issued by DGTR.
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Rs 95,380 crore gross GST Revenue collected in October
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Status Report on implementation of several measures announced by Finance Minister to boost Economy
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PFRDA permitted now Overseas Citizen of India to enroll in NPS at par with Non-Resident Indians
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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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