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THE EDGE

TAX & LEGAL UPDATE

Vol 3, Part 61	Tuesday, Oct 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

ITAT PUNE BENCH 'C'

Deputy Commissioner of Income-tax, Circle-7 v. TriZetto Services India (P.) Ltd. [2019] 110 taxmann.com 1 (Pune - Trib.)
Extraordinary items such as 'one-time price rebate' granted by assessee to its foreign based parent company pertaining to preceding assessment year could not be taken into account for computation of operating profit for year under consideration. Read More

ITAT DELHI BENCH 'A'

Assistant Commissioner of Income-tax, New Delhi v. Bulland Buildtech (P.) Ltd. [2019] 109 taxmann.com 397 (Delhi - Trib.)
In order to file appeal before Tribunal, revised/enhanced minimum threshold limit of tax effect of Rs. 50 lakhs vide CBDT Circular No. 17/2019 dated 8-8-2019 is applicable not only for appeals to be filed by revenue in future but also for appeals already filed by revenue. Read More

ITAT JAIPUR BENCH 'A'

Assistant Commissioner of Income Tax v. Ginni Global (P.) Ltd. [2019] 109 taxmann.com 333 (Jaipur - Trib.)
Income from sale of Carbon Emission Reduction Certificates is capital receipt. Read More

ITAT BENCH GUWAHATI

Hotel Centre Point v. Income Tax Officer [2019] 109 taxmann.com 223 (Guwahati - Trib.)
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. Read More

FROM THE BENCH

INCOME TAX

Hinal Estates (P.) Ltd. v. Union of India [2019] 109 taxmann.com 465 (Bombay)

Where a company 'M' was amalgamated with assessee-company, Tax Recovery Officer could not seek recovery of taxes due of 'M' arising out of order of reassessment from assessee-company inasmuch as assessee neither had been served with notice of reopening of assessment, nor had any occasion to participate in such reassessment proceedings. Read More

GST

K.R.G. Textile Mills v. State of Tamil Nadu [2019] 109 taxmann.com 476 (Madras)
Where assessee was making inter-State purchases of High Speed Diesel Oil on concessional rate of tax by way of Form 'C' and after introduction of GST regime, Department's site had been blocked to deny access to assessee and other similarly placed persons from downloading Form 'C', GST Authorities were directed to permit assessee to download Form 'C' and take necessary action in this regard. Read More

Sandeep Patil v. Union of India [2019] 110 taxmann.com 155 (Bombay)
Supply by Duty Free Shops of petitioner at international Airport to outbound passenger constitutes exports by DFS. Consequently, in terms of section 16(1) of IGST Act, 2017, it becomes a zero rate supply. Further, as per article 286 of the Constitution of India, supply made in course of import into India or in course of export out of India, can not be subjected to any tax. Read More

GST - AUTHORITY FOR ADVANCE RULINGS, WEST BENGAL Metro Dairy Ltd., In re

[2019] 109 taxmann.com 455 (AAR-WEST BENGAL)
Where applicant, who has set up a manufacturing facility for UHT milk, milkshake, curd and lassi which are taxable as well as exempted under GST Act and has procured capital goods and input services that are common to production of both taxable and exempted goods, wants to know to what extent and in what proportion input tax credit is admissible on such capital goods and input services, based on proviso to rule 43(1)(d) of GST Rules and further prescriptions under rule 43(1)(e), (f) and (g) of GST Rules, applicant should compute admissible amount of input tax credit on capital goods used for both taxable and exempt supplies in tax periods over useful life of such capital goods, calculated from date of invoice. Read More

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◔ 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	15th October
Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of September, 2019 has been paid without the production of a challan	15th October
Due date for Quarterly return for Composite taxable persons in CMP-08 (July – Sept, 2019)	18th October
Due Date for filing GSTR-3B for the month of September, 2019	20th October
Due date for filing GSTR-1 for the months of July - September, 2019 (turnover less than 1.5 cr)	31st October
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA & Section 194-IB in the month of September, 2019	30th October

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WEEKLY QUIZ

Where a person supplies any goods or services or both without issue of any invoice, in violation of the provisions of this Act or the rules made thereunder, with the intention to evade tax; and where the amount of tax evaded exceeds five hundred lakh rupees, such an offence is a :

A: Bailable & non-cognizable offence

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October 19, 2019

PREVIOUS WEEK'S WINNERS

• Ravi Kumar, Hyderabad
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NOTIFICATIONS / AMENDMENTS

GST - CENTRAL TAX

Notification No. 44/2019-Central Tax, dt. 09-10-2019:
Seeks to prescribe the due date for furnishing of return in FORM GSTR-3B for the months of October, 2019 to March, 2020. Read More

Notification No. 45/2019-Central Tax , dt. 09-10-2019:
Seeks to prescribe the due date for furnishing FORM GSTR-1 for registered persons having aggregate turnover of up to 1.5 crore rupees for the quarters from October, 2019 to March, 2020. Read More

Notification No. 46/2019-Central Tax , dt. 09-10-2019:
Seeks to prescribe the due date for furnishing of return in FORM GSTR-1 for registered persons having aggregate turnover more than 1.5 crore rupees for the months of October, 2019 to March, 2020. Read More

Notification No. 47/2019-Central Tax , dt. 09-10-2019:
Seeks to make filing of annual return under section 44 (1) of CGST Act for F.Y. 2017-18 and 2018-19 optional for small taxpayers whose aggregate turnover is less than Rs 2 crores and who have not filed the said return before the due date. Read More

Notification No. 48/2019-Central Tax , dt. 09-10-2019:
Seeks to amend notification No. 41/2019 – Central Tax, dated the 31st August, 2019. Read More

Notification No. 49/2019-Central Tax , dt. 09-10-2019:
Seeks to carry out changes in the CGST Rules, 2017. Read More

CIRCULAR

Circular No. 110/2019-GST dt. 03.10.2019:
Seeks to clarify the eligibility to file a refund application in FORM GST RFD-01 for a period and category. Read More

Circular No. 111/2019-GST dt. 03.10.2019:
Seeks to clarify procedure to claim refund in FORM GST RFD-01 subsequent to favourable order in appeal or any other forum. Read More

Circular No. 112/2019-GST dt. 03.10.2019:
Seeks to withdraw Circular No. 105/24/2019-GST dated 28.06.2019. Read More

Circular No. 113/2019-GST dt. 11.10.2019:
Clarification regarding GST rates & classification (goods) Circular–reg. Read More

Circular No. 114/2019-GST dt. 11.10.2019:
Clarification on scope of support services to exploration, mining or drilling of petroleum crude or natural gas or both. Read More

Circular No. 115/2019-GST dt. 11.10.2019:
Clarification on issue of GST on Airport levies. Read More

Circular No. 116/2019-GST dt. 11.10.2019 :
Levy of GST on the service of display of name or placing of name plates of the donor in the premises of charitable organisations receiving donation or gifts by individual donors. Read More

Circular No. 117/2019-GST dt. 11.10.2019:
Clarification on applicability of GST exemption to the DG Shipping approved maritime courses conducted by Maritime Training Institutes of India. Read More

Circular No. 118/2019-GST dt. 11.10.2019:
Clarification regarding determination of place of supply in case of software/design services related to Electronics Semi-conductor and Design Manufacturing (ESDM) industry. Read More

Circular No. 119/2019-GST dt. 11.10.2019:
Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997. Read More

Circular No. 120/2019-GST dt. 11.10.2019:
Clarification on the effective date of explanation inserted in notification No. 11/2017- CTR dated 28.06.2017, Sr. No. 3(vi). Read More

Circular No. 121/2019-GST dt. 11.10.2019:
Clarification related to supply of grant of alcoholic liquor license. Read More

CUSTOMS – TARIFF

Notification No. 32/2019-Cus,dt. 30-09-2019:
Seeks to exempt imports by FAO for specified projects. Read More

Notification No. 33/2019-Cus,dt. 30-09-2019:
Seeks to amend notification No. 39/96-Customs dated 23.07.1996 so as to extend the exemption provided to the Light Combat Aircraft Programme of the Ministry of Defence till 03.12.2021. Read More

Notification No. 34/2019-Cus,dt. 30-09-2019:
Seeks to further amend notification No 50/2017-Customs dated 30th June, 2017 to give effect to the recommendations of the GST Council in its 37th meeting dated 20.09.2019. Read More

Notification No. 35/2019-Cus,dt. 30-09-2019:
Seeks to amend notification No. 19/2019- Customs, dated the 6th July, 2019 so as to exempt from IGST specified defence goods, to give effect to the recommendations of the GST Council in its 37th meeting dated 20.09.2019. Read More

CUSTOMS – NON-TARIFF

Notification No. 67/2019-Cus (NT) d.t 30.09.2019:
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. 68/2019-Cus (NT) d.t 30.09.2019:
Transshipment of Cargo to Nepal under Electronic Cargo Tracking System Regulations, 2019. Read More

Notification No. 69/2019-Cus (NT) d.t 01.10.2019:
Manufacture and Other Operations in Warehouse (no.2) Regulations, 2019. Read More

Notification No. 70/2019-Cus (NT) d.t 01.10.2019:
Warehouse (Custody and Handling of Goods) Amendment Regulations, 2019 Read More

Notification No. 71/2019-Cus (NT) d.t 01.10.2019:
Warehoused Goods (Removal) Amendment Regulations, 2019 Read More

Notification No. 72/2019-Cus (NT) d.t 03.10.2019:
Exchange Rates Notification No.72/2019-Customs (NT) dated 03.10.2019-reg Read More

Notification No. 73/2019-Cus (NT) d.t 09.10.2019:
Notification to amend Courier Regulations 1998 -reg Read More

Notification No. 74/2019-Cus (NT) d.t 09.10.2019:
Notification to amend Courier Regulations 2010 –reg Read More

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. Read More

MISCELLANEOUS

PIB Press Note dated 12.10.2019:

PIB Press Note dated 11.10.2019:

PIB Press Note dated 09.10.2019:

Editorial Team : Meenal Ghiya, Priyamvada Joshi & Deepak Garg

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