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THE EDGE
TAX & LEGAL UPDATE

 

 

Vol 3, Part 63

Sunday, Dec 15, 2019

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

 

Ghiya Legal wishes you all a Merry Christmas and a Happy New Year 2020

 

 

Ghiya Legal invites articles for publishing in THE EDGE.

 

Send your contributions to contact@ghiya.in.

 

 

ITAT JUDGEMENTS

 

 

JAIPUR BENCH

 

Shri Rajendra Shringi vs. DCIT, Central Circle, Kota
Even if some discrepancies were found during the survey resulting in surrender of income by the assessee, once the assessee has declared the said income in the return of income filed under Section 139(1) of the Income Tax Act, then the penalty cannot be levied on assessee on contention that he would not have disclosed the income but for survey. Read More

 

MUMBAI BENCH

 

M/s. Solitaire CHS Ltd. vs. Principal Commissioner of Income Tax, Mumbai
The Income Tax Appellate Tribunal (ITAT) held that interest income derived by a co-operative society from its investments held with a co-operative bank would be entitled to claim of deduction under Sec.80P(2)(d) of the Act. Read More

 

MUMBAI BENCH

 

Assistant Commissioner of Income-tax v. JSW Steel Ltd
When a particular receipt is exempt from tax under Income tax law, then same cannot be considered for purpose of computation of book profit under section 115JB of the Income-tax Act 1961 Read More

 

KOLKATA BENCH

 

Bodhisattva Chattopadhyay v. Commissioner of Income-tax, Kolkata
Where Assessing officer after enquiring and recording a specific finding that assessee was in India only for 16 days and for rest of period he was in assignment to Switzerland and had received foreign assignment allowance, had taken a view to allow claim of assessee that this foreign assignment allowance is not taxable in India, it could not be said that assessment order was result of non-enquiry or non-application of mind or assumption of wrong facts. While passing assessment order, Assessing Officer had followed permissible view in law which could not be said to be 'unsustainable in law'. In circumstances therefore, jurisdictional facts for usurping jurisdiction under section 263, being absent, action of Commissioner in setting aside assessment order without establishing that Assessing Officer's order was erroneous as well as prejudicial to interest of revenue and directing Assessing Officer to pass order afresh in accordance with law was without jurisdiction and hence was to be quashed and set aside Read More

 

FROM THE BENCH

 

 

SUPREME COURT OF INDIA

 

Union of India & Ors. vs. AAP & Co.:

 

Supreme Court stays Gujarat HC Ruling which partly strikes down Press Release extending Last Date to avail ITC in respect of Invoices or Debit Notes Read More

 

JHARKHAND HIGH COURT
Godavari Commodities Ltd. v. The Union of India
Section 73(1) Show-Cause Notice mandatory in cases Where Tax was not Paid for Any Reason other than Fraud, says Jharkhand HC Read More

 

GUJARAT HIGH COURT

 

Navkar Ispat (P.) Ltd. vs. State of Gujarat
Where Competent Authority visited business premises of assessee and recovered certain amount from it on premise that certain input tax credit was not allowable and there was some difference in stock, said authority was directed to frame assessment of assessee at earliest and thereafter it shall be open to assessee to proceed further in accordance with law Read More

 

GUJARAT HIGH COURT

 

Md. Tajal Hussain vs. State of Assam & Ors.
Search and Seizure by Police Officials without Invoking Provisions of Section 67 of the AGST Act is against the Law. Read More

 

 

◔ TIMELINES

 

Upcoming due dates under GST & Income Tax Laws:

 

Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of November, 2019 30th December
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of November, 2019 30th December
Due Date for filing GSTR-3B for the month of December, 2019 20th January
Due Date for filing GSTR-1 for the month of December, 2019 (monthly) 11th January
Due Date for filing GSTR-1 for the month of Oct - Dec, 2019 (Quarterly) 30th January
Due Date for filing CMP-08 for the month of Oct - Dec, 2019 18th January

 

 

 

WEEKLY QUIZ

 

 

The revised rate of 28% GST on lotteries is applicable to:

A: State-owned Lotteries

B. State-authorised Lotteries

c. Both

Click here

Last date to participate:
December 31, 2019

 

PREVIOUS WEEK'S WINNERS

 

Madhava Bhotla, Mandapeta (AP)
Pawan Kumar, Gangapur City (RJ)
Sanjeeva Rao, Visakhapatnam

 

 

NOTIFICATIONS / AMENDMENTS

 

CENTRAL TAX

 

Notification No. 52/2019-Central Tax ,dt. 14-11-2019:
Seeks to extend the due date for furnishing FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover of up to 1.5 crore rupees for the quarter July, 2019 to September, 2019 Read More

 

Notification No. 53/2019-Central Tax ,dt. 14-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the months of July, 2019 to September, 2019 Read More

 

Notification No. 54/2019-Central Tax ,dt. 14-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019 Read More

 

Notification No. 55/2019-Central Tax ,dt. 14-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019 Read More

 

Notification No. 56/2019-Central Tax ,dt. 14-11-2019:
Seeks to carry out Seventh amendment (2019) in the CGST Rules, 2017. [Primarily related to Simplification of the Annual Return / Reconciliation Statement] Read More

 

Notification No. 57/2019-Central Tax ,dt. 26-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the months of July, 2019 to September, 2019 Read More

 

Notification No. 58/2019-Central Tax ,dt. 26-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the month of October, 2019. Read More

 

Notification No. 59/2019-Central Tax ,dt. 26-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to October, 2019. Read More

 

Notification No. 60/2019-Central Tax ,dt. 26-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019 Read More

 

Notification No. 61/2019-Central Tax ,dt. 26-11-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the month of October, 2019 Read More

 

Notification No. 62/2019-Central Tax ,dt. 26-11-2019:
Seeks to notify the transition plan with respect to J&K reorganization w.e.f. 31.10.2019 Read More

 

Notification No. 63/2019-Central Tax ,dt. 12-12-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the months of July, 2019 to September, 2019 Read More

 

Notification No. 64/2019-Central Tax ,dt. 12-12-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the month of October, 2019. Read More

 

Notification No. 65/2019-Central Tax ,dt. 12-12-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to October, 2019. Read More

 

Notification No. 66/2019-Central Tax ,dt. 12-12-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019 Read More

 

Notification No. 67/2019-Central Tax ,dt. 12-12-2019:
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the month of October, 2019 Read More

 

Notification No. 68/2019-Central Tax ,dt. 13-12-2019:
Seeks to carry out changes in the CGST Rules, 2017. Read More

 

Notification No. 69/2019-Central Tax ,dt. 13-12-2019:
Seeks to notify the common portal for the purpose of e-invoice. Read More

 

Notification No. 70/2019-Central Tax ,dt. 13-12-2019:
Seeks to notify the class of registered person required to issue e-invoice. Read More

 

Notification No. 71/2019-Central Tax ,dt. 13-12-2019:
Seeks to give effect to the provisions of rule 46 of the CGST Rules, 2017. Read More

 

Notification No. 72/2019-Central Tax ,dt. 13-12-2019:
Seeks to notify the class of registered person required to issue invoice having QR Code. Read More

 

 

CENTRAL TAX RATE

 

Notification No. 26/2019- Central Tax (Rate) dt. 22-11-2019:
Seeks to insert explanation regarding Bus Body Building in Notification No. 11/2017-Central Tax (Rate) dt. 28.06.2017. Read More

 

 

CENTRAL TAX CIRCULAR

 

Circular no. 123/42/2019-GST dated 11.11.2019:
Seeks to clarify restrictions in availment of input tax credit in terms of sub-rule (4) of rule 36 of CGST Rules, 2017. Read More

 

Circular no. 124/43/2019-GST dated 18.11.2019:
Seeks to clarify optional filing of annual return under notification No. 47/2019-Central Tax dated 9th October, 2019. Read More

 

Circular no. 125/44/2019-GST dated 18.11.2019:
Seeks to clarify the fully electronic refund process through FORM GST RFD-01 and single disbursement. Read More

 

Circular no. 126/45/2019-GST dated 22.11.2019:
Clarification on scope of the notification entry at item (id), related to job work, under heading 9988 of Notification No. 11/2017-Central Tax (Rate) dated 28-06-2017-reg. Read More

 

Circular no. 127/46/2019-GST dated 04.12.2019:
seeks to ab-initio withdraw the Circular No. 107/26/2019 dated 18.07.2019. Read More

 

 

CUSTOMS – NON-TARIFF

 

Notification No. 82/2019-Cus (NT) d.t 15.11.2019:
Amendment to All Industry Rates of duty drawback effective from 16.11.2019 Read More

 

Notification No. 83/2019-Cus (NT) d.t 15.11.2019:
Exercise of powers of Commissioner of Customs (Appeals), Delhi in certain cases by Commissioner of Customs (Audit), Delhi Read More

 

Notification No. 84/2019-Cus (NT) d.t 15.11.2019:
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. 85/2019-Cus (NT) d.t 21.11.2019:
Exchange Rates Notification No.85/2019-Custom (NT) dated 21.11.2019 -Reg Read More

 

Notification No. 86/2019-Cus (NT) d.t 29.11.2019:
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. 87/2019-Cus (NT) d.t 02.12.2019:
Notification of Vizinjham International Seaport and Muthalapozhi u/s 7(d) of the Customs Act for unloading and loading of boulders for breakwater construction. Read More

 

Notification No. 88/2019-Cus (NT) d.t 05.12.2019:
Exchange Rates Notification No.88/2019-Customs (NT) dated 5.12.2019 Read More

 

Notification No. 89/2019-Cus (NT) d.t 10.12.2019:
Appointing the date for enforcing section 88 (b) of the Finance (No. 2) Act, 2019 to bring out the changes in the First Schedule to the Customs Tariff Act, 1975. Read More

 

Notification No. 90/2019-Cus (NT) d.t 13.12.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seed, Areca nut, Gold & Silver - reg. Read More

 

 

ANTI DUMPING DUTY

 

NOTIFICATION No. 45/2019-Customs (ADD) dated 10.12.2019:
Seeks to impose anti-dumping duty on imports of Clear float glass originating in or exported from Pakistan, Saudi Arabia and UAE in pursuance of Final findings of Designated Authority in sunset review of notification No. 48/2014-Customs (ADD) dated 11.12.2014 Read More

 

 

MISCELLANEOUS

 

  • FM holds 6th Pre-Budget Consultation with prominent Industrialists dt. 19th December Read More
  • FM holds Pre-Budget Consultation with representatives of various Trade Unions and Labour Organisations dt. 19th December Read More
  • Tripura gets its first SEZ dt. 18th December Read More
  • GST Council’s decisions regarding Law and Procedure related changes dt. 18th December Read More
  • GST Council’s decisions On Rate Changes dt. 18th December Read More

 

 

 

Editorial Team : Meenal Ghiya, Priyamvada Joshi & Deepak Garg

 

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