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THE EDGE
TAX & LEGAL UPDATE
Vol 1, Part 13
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Wednesday, Nov 22, 2017
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Weekly on GST, FSSAI, RERA & More...
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FROM EDITOR'S DESK
GST is on a road to simplification but there still a few key issues related to Returns, Invoice matching, HSN Code, Rate of Tax, Reverse Charge Mechanism, etc. All these issues have just been postponed and not resolved yet. Clarity in GST law is a necessary requirement for regular compliance and future planning by business houses. As continuation of confusion is not good for the economy. We expect early resolution to all the pending issues.
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-6 (July, Input Service Distributor) |
31st Dec |
ESI & PF |
15th Nov |
Q2 TDS certificate (Payments other than salary) |
15th Nov |
GSTR-5 (July, August, September, October) |
11th Dec |
GSTR-5A (OIDAR) (July, August, September, October) |
15th Dec |
GSTR-3B (Nov) |
20th Dec |
AOC 4 and MGT 7 with ROC |
28th Nov |
GST ITC-01 |
30th Nov |
GST ITC-04 |
31st Dec |
GST CMP-03 |
30th Nov |
IT Audit International TP and Domestic TP Cases & Returns |
30th Nov |
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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FORTHCOMING EVENTS
2nd-3rd Dec 2017
AIFTP National Tax Convention at Jabalpur - To be inaugrated by Hon'ble Chief Justice of India
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MISCELLANEOUS
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CBEC issues Press Release for citizens to take note of the reduced Tax Rates on various commodities.
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The Central Board of Direct Taxes (CBDT) has notified 'M/s International Crops Research Institute for the Semi- Arid Tropics (ICRISAT)' as 'Scientific Research Association' from assessment year 2017-18 onwards for the purpose of section 35(1)(ii) of the Income-tax Act, 1961
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Cabinet approves the establishment of the National Anti-profiteering Authority under GST
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Moody's upgrade Sovereign Credit Rating of Inida to "Baa2" from "Baa3"
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GST receipts – Agency commission to banks – Mumbai office of RBI to settle all claims
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ITAT JUDGEMENTS
JAIPUR BENCH
DCIT vs. Pyramid Tradelinks Pvt. Ltd.
Counsel : Shri P. C. Parwal (CA)
Issue: Whether losses booked through NMCE were bogus and liable to be disallowed. Held in favour of the Assessee
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BANGALORE BENCH
Deputy Commissioner of Income-tax, Circle 11 (5), Bangalore v. Izmo Ltd.
Where in immediately preceding year in assessee's own case, Tribunal had examined issue of computation of interest on outstanding debt and had concluded that instead of LIBOR rate, Indian rate was to be applied and directed Assessing Officer to compute arm's length interest rate @5% as against 10.25% adopted by Assessing Officer on similar fact situation, same rate was to be applied in relevant year also
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DELHI BENCH
Toluna India (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle-12 (1), New Delhi
A renowned manufacturer of TMT bar, having a completely different FAR, should be excluded from comparable list to a marketing support service provider
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RECENT AMENDMENTS
GST
Earlier GST Notifications
Notification No.12/2017-Integrated Tax dt. 15.11.2017
Apportionment of IGST with respect to advertisement services under section 12 (14) of the IGST Act, 2017
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GST - CIRCULARS / ORDERS
Circular No. 17/17/2017-GST dt. 15.11.2017
Manual filing and processing of refund claims in respect of zero-rated supplies
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Circular No. 18/18/2017-GST dt. 16.11.2017
Refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics.
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Circular No. 19/19/2017-GST dt. 20.11.2017
Clarification on taxability of custom milling of paddy.
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CUSTOMS (TARIFF)
Notification No. 84/2017-Customs dt. 08.11.2017
seek to (i) increase rate of basic customs duty on Peas, (Pisum sativum) from present Nil rate to 50%. (ii) increase rate of basic customs duty on wheat from 10% to 20%.
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Notification No. 85/2017-Customs dt. 14.11.2017
Seeks to amend notification No. 50/2017-Customs dated 28.06.2017, so as to exempt life saving drugs supplied free of cost; and exempt IGST on goods imported on lease.
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Notification No. 86/2017-Customs dt. 14.11.2017
Seeks to exempt import of goods specified goods when imported by eminent sportsperson.
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Notification No. 87/2017-Customs dt. 17.11.2017
Seeks to increase the BCD on certain edible oils.
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Notification No. 88/2017-Customs dt. 17.11.2017
Seeks to increase import tariff rate of soya beans from 30% to 45%.
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CUSTOMS (NON-TARIFF)
Notification No. 104/2017 - Cus (NT) dt. 06.11.2017, 105/2017 dt. 07.11.2017, 106/2017 dt. 07.11.2017, 107/2017 dt. 09.11.2017, 108/2017 dt. 14.11.2017, 110/2017 dt. 16.11.2017
Exchange Rate Notifications
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Notification No. 109/2017-Cus (NT) dt. 15.11.2017
Regarding 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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ANTI DUMPING DUTY
Notification No. 54/2017-Cus (ADD) dt. 17.11.2017
Seeks to impose anti-dumping duty on rubber chemical PX 13 originating in and exported from EU and rubber chemical MOR originating in and exported from China PR.
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Circular No. 42/2017 dt. 07.11.2017
Refund of IGST paid on export of goods under rule 96 of CGST Rules, 2017
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Circular No. 43/2017 dt. 16.11.2017
Forwarding of samples for testing to the Outside Laboratories- reg.
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Circular No. 44/2017 dt. 18.11.2017
Implementing Electronic sealing for Containers by exporters under self-sealing procedure by Circular 26/2017-Cus dated 01.07.2017, 36/2017 dated 28.08.2017, 37/2017 dated 20.09.2017 and 41/2017 dated 30-10-2017
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FSSAI
Notification dt. 24.10.2017
Gazette notification of Food Safety and Standards (Licensing and Registration) First Amendment Regulation, 2017 relating to inclusion of total polar compound as a criterion for quality of vegetable oil.
Read More
Notification dt. 24.10.2017
Gazette Notification on FSS (Food product Standard and Food Additives) Amendment Regulation related to standards of Tapioca Sago.
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FROM THE BENCH
GST
W. S. Retail Services (Pvt.) Ltd. vs. State of Karnataka
Sum paid by "W.S. Retail" during pendency of Appeal was first to be adjusted against tax and not with interest.
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INCOME TAX
Berger Paints India Ltd. vs. CIT
'Premium' collected by assessee-company on its subscribed share capital is not 'capital employed in business of company' within meaning of section 35D so as to enable company to claim deduction of said amount
Read More
K. Lakshmanya & Co. vs. CITT
Assessee was entitled to interest under section 244A, when refund arose to it on account of interest partially waived off under sections 234A to 234C by an order of Settlement Commission
Read More
CST / VAT
Commissioner of Trade Tax & Ors. Vs. Ahluwalia Contracts (India) Ltd.
Clause 8(3) of Amnesty Scheme will have no application where initial show cause notice issued under clause 8, though issued by Additional Commissioner who was not competent to do so, was issued within time and its legitimacy was not contested by assessee at stage of reply or even in course of adjudication proceedings.
Read More
Weekly Quiz
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RECENT PUBLICATIONS
GST Law & Practice, 4th Edition, Released at National Tax Conference, Kolkata by Hon'ble Mr. Justice A.K.Goel Judge, Supreme Court of India on 02.09.2017
Buy Now
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PAYMENT BANKS - Ms. AASTHA GOLECHA, GOVT. LAW COLLEGE, MUMBAI
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Payments banks are a new model of banks conceptualised by Reserve Bank Of India (RBI).The idea was first floated by RBI Committee led by Board member Nachiket Mor. The committee on comprehensive financial services for small businesses and low income formed in 2013 came out with its report in early-2014. As a part of the recommendations of the Nachiket MOR Committee, a special category called ‘Payment Banks’ had been proposed. Main objective of Payment bank is to reduce the working burden of Commercial banks. The concept of payments bank kills two birds with one stone.
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Firstly, it gives an impetus to the financial inclusion initiative by widening the digital payment infrastructure. Secondly, it encourages the FinTech culture in the Indian banking landscape and indicates RBI is in tune with times, despite its legacy.It is a bank whose banking services have been striped-down to only use mobile phones for availing its services instead of traditional bank branches.
These banks can accept a restricted deposit, which is currently limited to ₹1 lakh per customer and may be increased further. These banks cannot issue loans and credit cards. Both current account and savings accounts can be operated by such banks. Payments banks can issue services like ATM cards, debit cards, net-banking and mobile-banking. The banks will be licensed as payments banks under Section 22 of the Banking Regulation Act, 1949, and will be registered as public limited company under the Companies Act, 2013
Airtel has launched India's first live payment banks. Paytm is the second such service to be launched in the country. India Post Payments Bank is the third entity to receive payments bank permit after Bharti Airtel and Paytm. After a lot of scrutiny and examination, RBI finally gave ‘in-principle’ licences to various entities to launch payments banks on August 19, 2015 butby May 2016, some entities dropped out, leaving only some in functioning.
Further, the RBI was to consider granting full licenses under Section 22 of the Banking Regulation Act, 1949 and this is for the first time in the history of India’s banking industry that the RBI has given out differentiated licenses for specific activities. The move is seen as a major step in pushing financial inclusion in the country and the expectations with India’s payment banks are huge. It’s majorly to serve India’s migrant labourers, low-income households and small businesses, offering savings accounts and remittance services with a low transaction cost.
There are further many benefits of payments bank account such as it’s a zero balance account, higher interest rate, account number is same as the mobile number, cashback and discount offers, approachable, convenient, safe and secure
Thus, Payment Banks promise to be a successful step because of the use of mobile platform to provide basic banking transactions. The decision to license some of the country’s biggest corporate and mobile telecom firms to start payment banks is a positive move towards the success of Payment Banks.
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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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