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THE EDGE
TAX & LEGAL UPDATE

 

 

Vol 3, Part 59

Tuesday, Sep 10, 2019

Fortnightly on GST, FSSAI, RERA & More...

 

Ghiya Legal invites articles for publishing in THE EDGE.

 

Send your contributions to contact@ghiya.in.

 

 

ITAT JUDGEMENTS

 

 

JAIPUR BENCH

 

Principal Shri Sathya Sai College for Women vs. ITO, Jaipur dated 19.08.2019
The Income Tax Appellate Tribunal (ITAT), Jaipur has held that the salary paid to teachers, lectures and staff by the college would not amount to the fee for technical services and the same is subject to TDS under Section 192 of the Income Tax Act. Read More

 

DELHI BENCH

 

Shri Harish Narinder Salve vs. Assistant Commissioner of Income Tax dated 13.08.2019
The Delhi bench of the Income Tax Appellate Tribunal (ITAT), has accepted the claim of Senior Advocate Harish Salve for deduction of the foreign scholarship given by him to two Indian students as “expenditure solely and exclusively for the purposes of business”. Read More

 

MUMBAI BENCH

 

ACIT VS. Shri Anil Gulabdas Shah dated 09.08.2019
The Income Tax Appellate Tribunal (ITAT), Mumbai has held that the assessee cannot be assessed for capital gain on the ground of transfer of right to sue. Read More

 

PUNE BENCH

 

ACIT VS. Bhaawani Shankar Ginning Factory dated 01.08.2019
The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that deemed dividend cannot be applied when the assessee was not a shareholder at the time of the advance. Read More

 

FROM THE BENCH

 

 

GST

 

Pankaj Agarwal vs. Union of India [2019] 108 taxmann.com 191 (Chhattisgarh) dated 24.06.2019

 

Where Competent Authority had arrested assessee under section 69 for offence punishable under section 132 alleging that he had deprived Government Exchequer of more than Rs. 100 crores of GST by way of creating and utilising irregular and inadmissible ITC, application for grant of bail was to be rejected. Read More

 

SERVICE TAX

 

Bihar Industrial Area Development Authority vs. Commissioner of Central Excise & Service Tax, Bihar dated 02.07.2019
The Patna High Court has recently held that if the service tax burden has already been shifted to the customers, the assessee cannot claim a refund of the same since it would amount to unjust enrichment. Read More

 

CUSTOMS

 

Faisal Afmed Abdul Malik Zaveri vs. Union of India dated 26.06.2019
A two-judge bench of the Bombay High Court, while dismissing a bunch of petitions, held that the requirement of pre-deposit to file an appeal before the authorities and Tribunal cannot be waived since the constitutionality of the provision is already upheld by the High Court in Haresh N. Vora vs. Union of India. Read More

 

VAT

 

Micromax Informatics Ltd. vs. State of Gujarat dated 07.08.2019
The division bench of the Gujarat High Court has slammed sales tax authority for collecting revenue from a private firm Micromax Informatics Limited. The High Court has termed the action of state tax authorities to collect revenue from a private firm as “nothing short of extortion”, and ordered the return of Rs 1.49 crore recovered from it along with an interest of six per cent. Read More

 

 

◔ TIMELINES

 

Upcoming due dates under GST & Income Tax Laws:

 

Due date for issue of TDS Certificate for tax deducted under section 194-IA & Section 194-IB in the month of July, 2019 14th September
Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of August, 2019 has been paid without the production of a challan 15th September
Second instalment of advance tax for the assessment year 2020-21 15th September
Due date for GSTR-7 for the month of July 2019 for taxpayers having a principal place of business in J&K and certain districts of Bihar, Gujarat, Karnataka, Kerala, Maharashtra, Odisha, and Uttarakhand. 20th September
Due Date for filing GSTR-3B for the month of August, 2019 20th September
Audit report under section 44AB for the assessment year 2019-20 in the case of a corporate-assessee or non-corporate assessee (who is required to submit his/its return of income on September 30, 2019). 30th September
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA & Section 194-IB in the month of August, 2019 30th September

 

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WEEKLY QUIZ

 

 

Sabka Vishwas - Legacy Dispute Resolution Scheme, 2019 offers relief of ___% from the duty demand if it is Rs.50 lakhs or less. Fill in the Blank:

A: 50%

B. 70%

Click here

Last date to participate:
September 15, 2019

 

PREVIOUS WEEK'S WINNERS

 

Ujjwal Goyal, Alwar
Zala Rajendra Singh, Jaipur
CA Vikas Chhabra, Sri Ganganagar

 

 

NOTIFICATIONS / AMENDMENTS

 

CGST

 

Notification No. 36/2019-Central Tax ,dt. 20-08-2019:
Seeks to extend the date from which the facility of blocking and unblocking of e-way bill facility as per the provision of Rule 138E of CGST Rules, 2017 shall be brought into force to 21.11.2019. Read More

 

Notification No. 37/2019-Central Tax ,dt. 21-08-2019:
Seeks to extend the due date for furnishing FORM GSTR-3B for the month of July, 2019. Read More

 

Notification No. 38/2019-Central Tax ,dt. 31-08-2019:
Seeks to waive filing of FORM ITC-04 for F.Y. 2017-18 & 2018-19. Read More

 

Notification No. 39/2019-Central Tax ,dt. 31-08-2019:
Seeks to bring Section 103 of the Finance (No. 2) Act, 2019 in to force. Read More

 

Notification No. 40/2019-Central Tax ,dt. 31-08-2019:
Seeks to extend the last date in certain cases for furnishing GSTR-7 for the month of July, 2019. Read More

 

Notification No. 41/2019-Central Tax ,dt. 31-08-2019:
Seeks to waive the late fees in certain cases for the month of July, 2019 for FORM GSTR-1 and GSTR-6 provided the said returns are furnished by 20.09.2019. Read More

 

 

CGST – ORDER (REMOVAL OF DIFFICULTIES)

 

Order No. 7/2019 - Central Tax dated 26.08.2019:
seeks to remove difficulties regarding filing of Annual returns by extending the due date for filing of Annual return / Reconciliation Statement for the Financial year 2017-18 in FORMs GSTR-9, GSTR-9A and GSTR-9C to 30th November, 2019. Read More

 

CUSTOMS

 

Notification No. 28/2019 – Customs dt. 02.09.2019:
Amendment to the Notification No. 57/2000-Customs dated 08.05.2000 Read More

 

Notification No. 29/2019-Customs dt. 04-09-2019:
Seeks to further amend notification no. 53/2011 dated 01.07.2011, to increase the rate of duty of customs by 5 percent, for a period of 180 days, on imports of RBD Palmolein/Palm Oil originating in Malaysia and imported under India-Malaysia Comprehensive Economic Cooperation Agreement, on recommendation of preliminary findings of Directorate General of Trade Remedies under India-Malaysia Comprehensive Economic Cooperation Agreement (Bilateral Safeguard Measures) Rules, 2017. Read More

 

CUSTOMS – NON-TARIFF

 

Notification No. 57/2019-Cus (NT) d.t 08.08.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver. Read More

 

Notification No.58/2019-Cus (NT) d.t 08.08.2019:
Further amending Notification No. 12/97-CUSTOMS (N.T.), dated the 2nd April, 1997 Read More

 

Notification No. 59/2019-Cus (NT) d.t 13.08.2019:
Exchange Rates Notification No.59/2019-Custom(NT) dated 13.08.2019. Read More

 

Notification No. 60/2019-Cus (NT) d.t 14.08.2019:
Exchange Rates Notification No.60/2019-Custom(NT) dated 14.08.2019. Read More

 

Notification No. 61/2019-Cus (NT) d.t 14.08.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver- Reg. Read More

 

Notification No. 62/2019-Cus (NT) d.t 30.08.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver- Reg. Read More

 

Notification No. 63/2019-Cus (NT) d.t 05.09.2019:
Exchange Rates Notification No.63/2019-Custom(NT) dated 05.09.2019 Read More

 

ANTI-DUMPING DUTY

 

Notification No. 32/2019-Cus (ADD), dt. 10-08-2019:
Seeks to impose anti-dumping duty on imports of "Homopolymer of vinyl chloride monomer (suspension grade)" originating in or exported from China PR and USA for 30 months with effect from 13th August, 2019, in pursuance of SSR investigation by DGTR. Read More

 

Notification No. 33/2019-Cus (ADD), dt. 26-08-2019:
Seeks to impose provisional anti-dumping duty on imports of "Chlorinated Polyvinyl Chloride Resin (CPVC)-whether or not further processed into compound" originating in or exported from China PR and Korea RP for 06 months , in pursuance of anti-dumping investigation by DGTR. Read More Read More

 

Notification No. 34/2019-Cus (ADD), dt. 06-09-2019:
Seeks to amend notification No. 2/2016-Customs (ADD), dated 28.1.2016, in pursuance of New Shipper Review final findings issued by DGTR Read More

 

Notification No. 35/2019-Cus (ADD), dt. 06-09-2019:
Seeks to rescind notification No. 11/2018-Customs (ADD), dated 20.3.2018, in pursuance of New Shipper Review final findings issued by DGTR. Read More

 

CVD

 

Notification No. 2/2019-Customs (CVD) dt. 30.08.2019:
Seeks to impose countervailing duty on imports of 'Saccharin in all its forms' originating in or exported from People’s Republic of China in pursuance of countervailing duty/anti-subsidy investigation issued by DGTR. Read More

 

CUSTOMS - CIRCULAR

 

Circular No. 24/2019-Customs dt. 08.08.2019:
Clarification regarding applicability of All Industry Rates of duty drawback while fixing Brand Rate of duty drawback in post GST era Read More

 

Circular No. 25/2019-Customs dt. 27.08.2019:
IGST refunds- mechanism to verify the IGST payments for goods exported out of India in certain cases. Read More

 

Circular No. 26/2019-Customs dt. 27.08.2019:
IGST Export refunds- extension in SB005 alternate mechanism and revised processing in certain cases including disbursal of Compensation cess Read More

 

Circular No. 27/2019-Customs dt. 03.09.2019:
I Roll out of Project Import Module in ICES. Read More

 

Circular No. 28/2019-Customs dt. 03.09.2019:
Putting of mono-cartons on Bottled in Origin alcoholic beverages in both Public and Private bonded warehouses Read More

 

Circular No. 29/2019-Customs dt. 05.09.2019:
Eligibility Criteria for availing of DPD Scheme by Importers Read More

 

CENTRAL EXCISE

 

Notification No. 07/2019-Central Excise dated 22.08.2019:
Seeks to extend the validity of 2% Basic Excise Duty on ATF drawn from RCS-UDAN airport or heliport or waterdrome. Read More

 

CENTRAL EXCISE – NON-TARIFF

 

Notification No. 04/2019-CE(NT), dt. 21-08-2019:
Implementation of Sabka Vishwas (Legacy Dispute Resolution)Scheme (SVLDRS), 2019 Read More

 

Notification No. 05/2019-CE(NT), dt. 21-08-2019:
Rules under SVLDRS, 2019. Read More

 

MISCELLANEOUS

 

  • Press release by CBIC on 22.08.2019: Legacy Dispute Resolution Scheme, 2019. Read More
  • Press release by CBIC on 23.08.2019: Notice regarding Customs Brokers Examination, 2020. Read More
  • Press release by CBIC on 26.08.2019: Press release for extension of due date for furnishing Annual Return and Reconciliation Statement. Read More

 

 

 

Editorial Team : Meenal Ghiya, Priyamvada Joshi & Deepak Garg

 

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