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THE EDGE
TAX & LEGAL UPDATE

 

 

Vol 3, Part 53

Monday, April 15, 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

 

Deputy Commissioner of Income-tax, Central Circle, Ajmer v. Rajlaxmi Denim [2019] 104 taxmann.com 65 (Jaipur - Trib.)
Where assessee challenged validity of assessment order for want of issue of notice under section 143(2), in view of fact that prior to completion of assessment for relevant year, a search was carried out in case of assessee and, thus assessee's income had to be determined as per provisions of section 153A, question raised by assessee became academic. Read More

 

MUMBAI BENCH

 

Administrator of Estate of Lt. Edulji Framroze Dinshaw v. Commissioner of Income-tax, Mumbai [2019] 103 taxmann.com 452 (Mumbai - Trib.)
If under provision of section 4 an amount does not bear character of income and, hence, not chargeable to tax then same cannot be converted into an 'income' only because payer of sum deducts tax under misconception of law Read More

 

DELHI BENCH

 

Vodafone India Ltd. v. Assistant Commissioner of Income-tax [2019] 103 taxmann.com 390 (Delhi - Trib.)
Matter remanded back to TPO to examine comparability analysis for determination of ALP of royalty fee paid by assessee, a telecommunication service provider, for use of Vodafone and Essar Trademark in terms of trademark licence agreement in view of inadequate facts about product comparability for technology for which trademark fees is paid as Royalty Read More

 

BENGALURU BENCH

 

Deputy Commissioner of Income-tax, Circle- 5 (3) (1), Bangalore v. Shri Kumar Sanjeev Ranjan [2019] 104 taxmann.com 183 (Bangalore - Trib.)
Where assessee succeeded in establishing that he was a resident of US under article 4 of DTAA between India and USA for period he was on Indian assignment , assessee would be entitled to treaty exemption and accordingly, his income for aforesaid period could not have been brought to tax in India. Read More

 

FROM THE BENCH

 

 

GST

 

Union of India vs. Filco Trade Centre (P) Ltd. [2019] 104 taxmann.com 187 (SC)
High Court's judgment striking off clause (iv) of sub-section (3) of section 140 which took away right of first stage dealers with retrospective effect to avail benefit of cenvat credit in relation to goods which were purchased prior to one year from date when GST came into effect i.e. 1-7-2017 holding it as unconstitutional was to be stayed. Read More

 

Mehul Kheria v. Commissioner, CGST & Central Excise, Indore [2019] 104 taxmann.com 19 (Madhya Pradesh)
Where Competent Authority having found that petitioner and his partner defrauded Government Exchequer and evaded GST by creating bogus firms had arrested petitioner for offence punishable under section 132(1) (a), (b) and (c), petitioner's application for grant of bail was rejected by High Court. Read More

 

NATIONAL ANTI-PROFITEERING AUTHORITY

 

kerala Screening Committee on Anti-Profiteering v. Saint Gobain India (P.) Ltd. [2019] 104 taxmann.com 119 (NAA)
There was no reduction in rate of tax on Gypsum Board (HSN Code 6809 11 00) w.e.f. 1-7-2017 instead rate of tax in pre GST era which was 14.75% has increased to GST @ 28% in post GST era; therefore, allegation of profiteering against respondent supplier on supply of Gypsum Board is not sustainable in terms of section 171 of the CGST Act, 2017. Read More

 

INCOME TAX

 

Khoday Distilleries Ltd. v. Mahadeshwara Sahakara Sakkare Karkhane Ltd. [2019] 104 taxmann.com 25 (SC)
Where special leave petition was dismissed against High Court order in limine without giving any reasons, review petition filed by appellant, in High Court would be maintainable. Read More

 

 

◔ TIMELINES

 

Upcoming due dates under GST & Income Tax Laws:

 

Due date for filing GSTR-4 for the period Jan to March 18th April
Due date for filing GSTR-5 & 5A (to be filed by the Non-Resident taxable person & OIDAR for the m/o March 19. 20th April
Due date for filing GSTR-3B for the month of March 20th April
Due date for filing GSTR-1 for the period Jan to March 30th April
Due date for deposit of Tax deducted by an assessee other than an office of the Government for the month of March 19 30th April
Due date for furnishing of challan-cum-statement in respect of tax deducted u/s 194-IA and 194-IB in month of March 19 30th April
Due date for furnishing the annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the Financial Year 2017 – 2018 30th June

 

 

WEEKLY QUIZ

 

 

The threshold limit of Rs. 40 L has been increased in respect of Supply of?

A: Goods

B. Services

C. Both

Click here

Last date to participate:
April 17, 2019

 

PREVIOUS WEEK'S WINNERS

 

CA Vikas Chhabra, Sri Ganganagar
CA Ekta Jain, Jaipur
Krunal Shashikant, Rajkot

 

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NOTIFICATIONS / AMENDMENTS

 

CUSTOMS (TARIFF)

 

Notification No. 10/2019-Cus,dt. 28-03-2019:
Amend notification No. 69/2011-Customs dated 29.07.2011 to extend deeper tariff concessions to imports of specified goods from Japan under India-Japan CEPA (IJCEPA) with effect from 1st April, 2019. Read More

 

Notification No. 11/2019-Cus,dt. 29-03-2019:
Amend notification No. 50/2017-customs dated 30th June 2017 to postpone the implementation of increased customs duty on specified imports originating in USA from 1st April, 2019 to 2nd May, 2019. Read More

 

CUSTOMS (NON-TARIFF)

 

Notification No. 27/2019-Cus (NT) d.t 29.03.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver- Reg. Read More

 

Notification No. 28/2019-Cus (NT) d.t 01.04.2019:
Denotification of ICD Kheda\ Read More

 

Notification No. 29/2019-Cus (NT) d.t 01.04.2019:
Handling of Cargo in Customs Areas (Amendment) Regulations, 2019. Read More

 

Notification No. 30/2019-Cus (NT) d.t 04.04.2019:
Exchange Rates Notification No.30/2019-Custom(NT) dated 04.04.2019. Read More

 

ANTI DUMPING DUTY

 

Notification No. 15/2019-Cus (ADD), dt. 29-03-2019:
Seeks to impose definitive anti-dumping duty on 'Ethylene Vinyl Acetate (EVA) sheet for Solar Module', originating in or exported from China PR, Malaysia, Saudi Arabia and Thailand. Read More

 

Notification No. 16/2019-Cus (ADD), dt. 09-04-2019:
Seeks to rescind notification No. 21/2015-Customs(ADD), dated the 22nd May, 2015 Read More

 

Notification No. 17/2019-Cus (ADD), dt. 09-04-2019:
seeks to impose definitive anti-dumping duty on Cast Aluminium Alloy Wheels or Alloy Road Wheels used in Motor Vehicles originating in or exported from China PR, Korea RP and Thailand. Read More

 

Notification No. 18/2019-Cus (ADD), dt. 10-04-2019:
Seeks to amend notification No. 23/2013-Customs(ADD), dated the 10th October, 2013 to extend the anti-dumping duty on ductile iron pipes originating in, or exported from China PR till 9th May, 2019. Read More

 

CGST

 

Notification No. 15/2019-Central Tax ,dt. 28-03-2019:
Notification to extend the due date for furnishing of FORM GST ITC-04 for theperiod July 2017 to March 2019 till 30th June 2019 issued. Read More

 

Notification No. 16/2019-Central Tax ,dt. 29-03-2019:
Seeks to make Second Amendment (2019) to CGST Rules. Read More

 

Notification No. 17/2019-Central Tax ,dt. 10-04-2019:
Seeks to extend the due date for furnishing FORM GSTR-1 for taxpayers having aggregate turnover more than Rs. 1.5 crores for the month of March, 2019 from 11.04.2019 to 13.04.2019 Read More

 

Notification No. 18/2019-Central Tax ,dt. 10-04-2019:
Seeks to extend the due date for furnishing FORM GSTR-7 for the month of March, 2019 from 10.04.2019 to 12.04.2019 Read More

 

CGST (RATE)

 

Notification No. 03/2019-Central Tax (Rate) ,dt. 29-03-2019:
Seeks to amend notification No. 11/2017- Central Tax (Rate) so as to notify CGST rates of various services as recommended by Goods and Services Tax Council for real estate sector. Read More

 

Notification No. 04/2019-Central Tax (Rate) ,dt. 29-03-2019:
Seeks to amend notification No. 12/2017- Central Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council for real estate sector. Read More

 

Notification No. 05/2019-Central Tax (Rate) ,dt. 29-03-2019:
Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council for real estate sector. Read More

 

Notification No. 06/2019-Central Tax (Rate) ,dt. 29-03-2019:
Seeks to notify certain class of persons by exercising powers conferred under section 148 of CGST Act, 2017. Read More

 

Notification No. 07/2019-Central Tax (Rate) ,dt. 29-03-2019:
Seeks to notify certain services to be taxed under RCM under section 9(4) of CGST Act as recommended by Goods and Services Tax Council for real estate sector. Read More

 

Notification No. 08/2019-Central Tax (Rate) ,dt. 29-03-2019:
Seeks to amend notification No. 1/2017- Central Tax (Rate) so as to notify CGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector. Read More

 

Notification No. 09/2019-Central Tax (Rate) ,dt. 29-03-2019:
Seeks to amend notification No. 02/2019- Central Tax (Rate) so as to provide for application of Composition rules to persons opting to pay tax under notification no. 2/2019- Central Tax (Rate). Read More

 

GST – CIRCULAR

 

Circular No. 94/13/2019-GST dated 28.03.2019:
Seeks to clarify certain refund related issues under GST. Read More

 

Circular No. 95/14/2019-GST dated 28.03.2019:
Seeks to clarify verification for grant of new registration. Read More

 

Circular No. 96/15/2019-GST dated 28.03.2019:
Seeks to clarify issues in respect of transfer of input tax credit in case of death of sole proprietor. Read More

 

Circular No. 97/16/2019-GST dated 05.04.2019:
Circular clarifying issues regarding exercise of option to pay tax under notification No. 2/2019- CT(R) dt 07.03.2019 issued. Read More

 

SEVA BHOJ YOJANA – REIMBURSEMENT OF GST PAID ON PURCHASE OF RAW FOOD ITEMS

 

The Ministry of Culture along with the Department of Revenue has introduced a scheme by the name of “Seva Bhoj Yojana” by way of which the charitable / religious institutions can claim refund of the CGST and the Central Government’s share of IGST paid at the time of purchase of certain raw food items such as ghee, sugar, atta, etc. used in the preparation of food articles which is distributed free of cost to the devotes or general public. The said scheme was introduced by way of an Order dated 31st May, 2018 and guidelines vide F. No. 13- 1/2018-US (S&F) dated 01.08.2018 was issued in this regard. The scheme has been made operational from 01.08.2018.
There shall be a onetime enrollment till 31.03.2020 after which the enrollment shall be reviewed and then renewed. The charitable / religious institution has to first register on “Darpan portal” and get a Unique ID after which the institute shall enroll itself in CSMS Portal on the Ministry of Culture website. After the enrollment on the CSMS Portal, the organization shall submit an application in the format prescribed with a copy of the registration certificate issued by the Ministry of Culture to the Nodal Central Tax Officer in the state / UT. He shall then generate a Unique Identity Number (UIN).
The maximum amount of financial assistance which can be claimed in the Financial Year 2019-2020 is limited to the amount of financial assistance in 2018-19 plus 10% of that amount.
The refund applications are to be furnished on quarterly basis within a period of six months from the last date of the quarter in which the purchases are made.
However, such Scheme is not to be misused as Inspection and monitoring will be carried out at least once a year in 5% of the cases and in case of misuse the organizations would be liable for recovery of the misused grant.
Note: For further clarification kindly refer to The Guidelines Issued by the Ministry of Culture on 01.08.2018 and Circular No. 75/49/2018-GST dated 27.12.2018 issued by the Department of Revenue.

 

 

MISCELLANEOUS

 

  • Press release by PIB dated 11.04.2019:
    Ministry of Rural Development presents Recommendations for Fostering Higher Inclusive Growth to the Finance Commission. Read More
  • Press release by PIB dated 08.04.2019:
    Auction for Sale (Re-Issue) of Government Stocks. Read More
  • Press release by PIB dated 04.04.2019:
    Exchange Rates of conversion of Foreign Currencies notified for Imported and Export Goods. Read More
  • Press release by PIB dated 03.04.2019:
    Indian Advance Pricing Agreement regime moves forward with signing of 18 APAs by CBDT in March, 2019. Read More
  • Press release by PIB dated 01.04.2019:
    GST Revenue collection for March, 2019 crossed Rupees One Lakh Crore and recorded Highest Collections in the FY 2018-19. Read More

 

 

 

Editorial Team : Meenal Ghiya, Priyamvada Joshi & Deepak Garg

 

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