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THE EDGE
TAX & LEGAL UPDATE

 

 

Vol 2, Part 39

Wednesday, Sep 26, 2018

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

 

Ghiya Legal invites articles for publishing in THE EDGE.

 

Send your contributions to contact@ghiya.in.

 

 

ADVANCE RULING – WHAT TO DO?

 

Advance Ruling is the decision of the Authority for Advance Ruling or the Appellate Authority on questions relating to supply of goods or services or both being undertaken or proposed to be undertaken. The provisions of the same are specified under Section 95 to 106 of the CGST Act, 2017 and its Counterpart State Goods & Services Tax Acts. As we have seen with the introduction of GST the Taxpayers are facing a lot of issues as to the Rate of Tax of certain goods and services or whether Input Tax Credit is available or not or as to exemption of certain goods or services. The Authority for Advance Rulings established in different states have started delivering Advance Rulings on different Aspects of GST, but mostly the decisions are favoring the Government / Department. The Authority is taking a risk free view and in some cases even though the case of the Applicant is favoring the Taxpayer, the Authority for Advance Ruling is taking a view which is pro Government. For example, if the Rate of Tax for a certain item is to be determined, the higher rate is preferred. Confusions are also arising out of the decisions, as an Authority in one State may have a different view than the Authority is another State on the same issue. Even Appellate Authorities in different states prefer different views in queries of the same nature. Thereby making the remedy of Appeal ineffective. The Advance Ruling is binding only on the Applicant and the concerned officer. So if one is thinking of filing an Application of Advance Ruling they should not have a casual approach and should weigh out the pros and cons as it would be binding on the Taxpayer and should be ready to bear the consequences.

 

 

◔ TIMELINES

 

Upcoming due dates under GST & Income Tax Laws:

 

GSTR-6 (July, 2017 – June, 2018) 30th Sept
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA or under section 194-IB in the month of August, 2018 30th Sept
Audit report under section 44AB for the assessment year 2018-19 in the case of a corporate-assessee or non-corporate assessee (who is required to submit his/its return of income on September 30, 2018). 15th Oct
GSTR-3B (September, 2018) 20th Oct
GSTR-1 (Quarterly Return for July – September, 2018) 31st Oct
GSTR-1 MONTHLY (July, 2017-September, 2018) 31st Oct
GSTR-3B (Taxpayers obtaining GSTIN in the light of Notification No. 31/2018 dt. 06.08.2018) MONTHLY December, 2018

 

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NOTIFICATIONS / AMENDMENTS

 

CUSTOMS – TARIFF

 

Notification No. 65/2018-Cus d.t 24.09.2018:
Seeks to extend the exemption from Integrated Tax and Compensation Cess upto 31.03.2019 on goods imported by EOU Read More

 

Notification No. 63/2018-Cus d.t 18.09.2018:
Amendment to Customs Exemption Notifications No. 24/2015-Customs dated 08.04.2015 to align it with amendment in Foreign Trade Policy. Read More

 

CUSTOMS - NON-TARIFF

 

Notification No. 20/2018- Cus (NT/CAA/DRI) d.t 24.09.2018:
Appointment of Common Adjudicating Authority by DGRI Read More

 

Notification No. 82/2018-Cus (NT) d.t 24.09.2018:
Regarding amendment in notification No. 89/2017-Cus (N.T.) dated 21.09.2017 relating to AIRs of Duty Drawback on Gold Jewellery, Silver Jewellery and Silver Articles Read More

 

Notification No. 81/2018-Cus (NT) d.t 20.09.2018:
Exchange Rates Notification. Read More

 

Notification No. 80/2018-Cus (NT) d.t 19.09.2018:
Exchange Rates Notification. Read More

 

CUSTOMS – CIRCULARS

 

Circular No. 33/2018, dt. 19.09.2018:
Sanction of pending IGST refund claims where the records have not been transmitted from GSTN to DG (System) Read More

 

CGST

 

Notification No. 52/2018-Central Tax dt. 20.09.2018:
Seeks to notify the rate of tax collection at source (TCS) to be collected by every electronic commerce operator for intra-State taxable supplies Read More

 

CGST (RATE)

 

Notification No. 23/2018-Central Tax (Rate) dt. 20.09.2018:
Seeks to insert explanation in an entry in notification No. 12/2017 – Central Tax (Rate) by exercising powers conferred under section 11(3) of CGST Act, 2017. Read More

 

IGST

 

Notification No. 02/2018- Integrated Tax dt. 20.09.2018:
Seeks to notify the rate of tax collection at source (TCS) to be collected by every electronic commerce operator for inter-State taxable supplies Read More

 

IGST (RATE)

 

Notification No. 24/2018- Integrated Tax (Rate) dt. 20.09.2018:> Seeks to insert explanation in an entry in notification No. 9/2017 – Integrated Tax (Rate) by exercising powers conferred under section 6(3) of IGST Act, 2017. Read More

 

UTGST (RATE)

 

Notification No. 24/2018- Integrated Tax (Rate) dt. 20.09.2018:> Seeks to insert explanation in an entry in notification No. 12/2017 – Union Territory Tax (Rate) by exercising powers conferred under section 8(3) of UTGST Act, 2017. Read More

 

 

WEEKLY QUIZ

 

 

Last date for filing of Income Tax Returns and Audit Reports :

A: 15th Oct, 2018

B. 30th Oct, 2018

Click here

Last date to participate:
Sep 29, 2018

 

PREVIOUS WEEK'S WINNERS

 

Gajanand Baheti, Delhi | Darshan Tanna, Junagadh | Shiv Ratan Sharma, Jaipur

 

ITAT JUDGEMENTS

 

JAIPUR BENCH

 

Shri Nitesh Agarwal, Prop.- M/s S.S. Diam, Jaipur vs Assistant Commissioner of Income Tax, Circle-5, Jaipur.
The Jaipur bench of the Income Tax Appellate Tribunal (ITAT) has condoned a delay of 387 days in filing the appeal by the assessee by finding that there was a reasonable cause for such a delay as the assessee was fighting with his Chartered Accountant who filed false returns based on false accounts. Read More

 

Shri Ram Karan Yadav vs The Income Tax Officer, Ward 2(3), Ajmer
The Jaipur bench of the Income Tax Appellate Tribunal (ITAT) has held that the depreciation claim in respect of JCB cannot be disallowed merely on the ground that there was a delay in registration of the same. Read More

 

CUTTACK BENCH

 

Income Tax Officer, Ward2(1), Bhubaneswar Vs. Adhikar, Plot No.-113/2524, Khandagiri Vihar, Khandagiri, Bhubaneswar
The Cuttack bench of the Income Tax Appellate Tribunal (ITAT) has held that the activity of obtaining loan from banks to advance self-help groups and poor persons can be treated as the charitable activity. Read More

 

DELHI BENCH

 

Galgotia (HUF), New Delhi 110 092 vs ACIT, Central Circle, Noida
The Delhi bench of the Income Tax Appellate Tribunal (ITAT), while deleting an addition against the assessee-Company, held that the personal expenses of the Directors/ Office bearers cannot be disallowed without having sufficient proof. Read More

 

 

FROM THE BENCH

 

 

GST

 

VANRAJBHAI HASMUKHBHAI CHAUHAN VS. STATE OF GUJARAT DATED 30.07.2018 [GUJARAT HIGH COURT]
Good detained for want of E-Way Bill; When the Court is satisfied that the Petitioner is a habitual offender it refused to release the vehicle Read More

 

M/S. INFINITY BNKE INFOCITY PVT. LTD. VS. UNION OF INDIA & ORS. DATED 30.08.2018 [CALCUTTA HIGH COURT]
While granting an interim relief to the petitioners, Infinity Bnke and Infinity Infotech, the Calcutta High Court has granted stay against audit notices issued by Central Tax officers for conducting audit of last 5 years under service tax, after the introduction of GST. Read More

 

BOMBAY VAT ACT

 

COMMISSIONER OF SALES TAX, MUMBAI VS. KHUSH BHAKT ELECTRONIC ENGINEERS PVT. LTD., MUMBAI DATED 14.09.2018 [BOMBAY HIGH COURT]
Hybrid Amplifier comes within Residuary Entry under Bombay Sales Tax Act. Read More

 

INCOME TAX

 

HITECH OUTSOURCING SERVICES VS. COMMISSIONER OF INCOME TAX 3, AHMEDABAD DATED 18.09.2018 [GUJARAT HIGH COURT]
Re-Assessment can’t be done merely because some Aspects of Deduction Claim was not examined in Original Assessment. Read More

 

 

MISCELLANEOUS

 

  • Press Release by PIB dt. 20.09.2018: Press Note on arresting two businessmenin a case of fraudulent issuance of Input Tax Credit (ITC) invoices without actual supply of goods. Read More
  • Press Release by PIB dt. 20.09.2018: Press Note on Exchange Rate of Foreign Currency Relating To Imported and Export Goods. Read More
  • Press Release by PIB dt. 24.09.2018: Press Note onAuction for Sale (Re-issue) of Government Stocks Read More
  • Press Release by INCOME TAX DEPARTMENT dt. 24.09.2018: Press Note on Extension of date for filing of Income Tax Returns and Audit Reports from 30th September, 2018 to 15th October, 2018 (Order u/s. 119 of Income tax Act, 1961 vide F. No. 225/358/2018/ITA.II). Read More

 

 

 

Editorial Team : Meenal Ghiya, Priyamvada Joshi & 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. Click here to Unsubscribe 

 

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