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THE EDGE
TAX & LEGAL UPDATE
Vol 1, Part 17
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Wednesday, Dec 20, 2017
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Weekly on GST, FSSAI, RERA & More...
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FROM EDITOR'S DESK
Recent judgments of various Hon’ble High Courts on GST shows that disputed issues are being taken up by the High Courts and are entertaining the Petition on merits . We expect more changes in GST after the results of Gujarat Elections. More simplification and removal of procedural difficulties are in the pipeline. Reference to the Notification in this edition of Newsletter on the starting of E-Way bill in Rajasthan for Inter-state movement of goods should be taken into consideration and acted upon and such information should be conveyed to the clients. We are expecting your valuable comments and suggestions for improving our Newsletter.
Please contact us at contact@ghiya.in
PANKAJ GHIYA, ADVOCATE
Mobile: +91 98290 13626
TIMELINES
Upcoming due dates under GST & Income Tax Laws:
GSTR-4 (July-Sep, Composition Dealers) |
24th Dec (No need to file GSTR-4A) |
GSTR-3B (Nov) |
20th Dec |
GSTR-6 (July, Input Service Distributor) |
31st Dec |
GST ITC-04 |
31st Dec |
GSTR-1 (Jul-Sep) Turnover upto 1.5 Cr, Quarterly Return |
31st Dec |
GSTR-1 (Jul-Oct) Turnover above 1.5 Cr, Monthly Return |
31st Dec |
GSTR REG-26 |
31st Dec |
GST TRAN-1 (With Revision Facility) |
27th Dec |
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MISCELLANEOUS
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Press release dt. 16.12.2017 on decisions of GST Council on Interstate E-Way bill in its 24th Council Meeting.
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Press release dt. 12.12.2017 on filing of FORM TRAN-1 to avail ITC.
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Press release dt. 12.12.2017 on export of IT / ITES Services.
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Clarification by the Revenue on levy of GST on Flats / Residential Complexes and Buildings.
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Government sets up Central Advisory Council for effective implementation of RERA
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GST FORM TRAN-2 now available on portal.
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Delhi High Court grants interim relief allowing ITC on stock lying unsold which is more than 12 months old.
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Guwahati High Court stays the Show Cause Notices in respect of Service Tax issued after 01.07.2017 as prima facie without jurisdiction.
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Weekly Quiz
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E-WAY BILL
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E-Way Bill made applicable in Rajasthan with effect from 20.12.2017
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Applicable on inter-state inward and outward movement of taxable goods as mentioned in Annexure appended to Notification
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33 items mentioned in Annexure on which E-Way Bill will be applicable
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Consignment Value should exceed Rs. 50,000
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E-Way bill to be generated through portal
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Details as mentioned in the Notification are to be provided
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Cancellation of generated E-Way bill is also possible subject to conditions
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Period of validity of E-Way bill is linked to distance
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RECENT AMENDMENTS
RAJASTHAN GST
Notification No. F.12(46) FD/Tax/2017-Pt.-IV-145 dt. 18.12.2017
Notification under section 68 of RGST Act, 2017 read with Rule 138 of RGST Rules, 2017 regarding e-way Bill.
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CUSTOMS (TARIFF)
Notification No. 91/2017-Customs dt. 14.12.2017
Seeks to increase import tariff rate on specified electronic goods under First Schedule to the Customs Tariff Act by invoking section 8A (1) of the Customs Tariff Act.
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Notification No. 92/2017-Customs dt. 14.12.2017
Seeks to further amend notification No. 50/2017-Customs so as to prescribe effective rate of BCD on various goods.
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CUSTOMS (NON TARIFF)
Notification No. 114/2017-Customs (NT) dt. 14.12.2017
Customs (Furnishing of Information) Rules, 2017
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Notification No. 115/2017-Customs (NT) dt. 14.12.2017
Amendment to notification no 40/2012-Cus (N.T.) dt 02.05.2012
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Notification No. 116/2017-Customs (NT) dt. 15.12.2017
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver
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CUSTOMS CIRCULARS
Circular No. 49/2017-Customs dt. 12.12.2017
Refund/Claim of Countervailing duty as Duty Drawback.
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COMPANIES ACT
General Circular No. 15/2017 dt. 04.12.2017
Relaxation of additional fees and extension of last date for filing form CRA-4 under the Companies Act, 2013
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INCOME TAX
Circular No. 28/2017 dt. 07.11.2017
Clarification on Indirect Transfer provisions in case of redemption of share or interest outside India under the Income-tax Act, 1961
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ITAT JUDGEMENTS
JAIPUR BENCH
DCIT, JAIPUR VS. SHRI PRATEEK KOTHARI
Counsel: Shri Vijay Goel (CA)
The issue is whether the CIT(A) erred in deleting the trading addition on account of unexplained loans taken and on account of interest paid on unexplained loans, and deleting additions while placing reliance on the Judgment of the Hon’ble ITAT dt. 16.12.2016.
HELD: IN FAVOUR OF THE ASSESSEE
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NEW DELHI BENCH
DCIT, NEW DELHI VS. M/S. ORACLE (OFSS) BPO SERVICES LTD.
The Issue is whether when eligibility of Assessee Company to get deduction u/s 10A is not in dispute, then the ITO should not disallow such deduction by selectively accepting the revised computation of income, to the extent it is beneficial to I-T Department.
HELD: YES
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HYDERABAD BENCH
M/S. SCL INFRATECH LTD., HYDERABAD VS. DCIT
The Issue is whether figures mentioned in loose sheet can automatically be treated as undisclosed income / incriminating material, so as to initiate reopening proceedings.
HELD: NO
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MUMBAI BENCH
DCIT, MUMBAI VS. CENTURY TEXTILE AND INDUSTRIES LTD.
THE issue is - Whether since the Apex Court categorically held that export benefits such as duty drawback and DEPB are not profits eligible for tax holiday under the provisions of section 80IB of the Act, any opinion formed by the AO contrary to Apex Court decision is bad in law and is non-est and therefore, reopening u/s 147 will not fall under the ambit of change of opinion.
HELD: YES
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FROM THE BENCH
GST
M/S. MASCOT ENTRADE PVT. LTD. VS. UNION OF INDIA & ORS.
Guwahati High Court stays the Show Cause Notices in respect of Service Tax issued after 01.07.2017 as prima facie without jurisdiction.
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ADVOCATES ACT
KAUSHAL KISHORE AWASTHI VS. BALWANT SINGH THAKUR & ANR. C.A
No Disciplinary Proceedings can be initiated against lawyers for their acts unrelated to Professional Conduct.
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INCOME TAX
UNION OF INDIA VS. TATA TEA CO. LTD
SC upholds levy of DDT on dividends paid by companies having agricultural income. Provisions of Section 115-O were held constitutionally valid.
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JUSTICE K S PUTTASWAMY (RETD) AND ANR VS. UNION OF INDIA
SC extends the deadline for linking of Adhaar with phone no., Schemes of Ministries and Bank Account to 31.03.2018
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VAT/CST
INDIAN OIL CORPORATION LTD. VS. STATE OF BIHAR
Set off of Entry Tax can only be granted if assessee is an importer of scheduled goods who is liable to pay tax under VAT Act; assessee must incur tax liability at rates specified under section 14 of VAT Act and this must only be by virtue of sale of imported scheduled goods.
Read More
RECENT PUBLICATIONS
GST Law & Practice, 5th Edition, updated till 21st Nov 2017, released at AIFTP National Tax Convention at Jabalpur by Hon'ble Chief Justice of India, Mr. Justice Deepak Misra on 02.12.2017
Buy Now
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Editorial Team :
Meenal Ghiya, Priyamvada Joshi, Ankit Agrawal, 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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