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THE EDGE
TAX & LEGAL UPDATE
Vol 1, Part 14
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Wednesday, Nov 29, 2017
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Weekly on GST, FSSAI, RERA & More...
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FROM EDITOR'S DESK
We request our readers to contribute in our newsletter by sending us their Articles and comments in order to enrich us with their knowledge. We would be delighted to publish the same.
With the major developments in the GST law regarding the Return Filing Procedure and Rate of Taxes of various items the next stage is that of compliance. GSTR-3B for every month has to be regularly filed. Even though the penalty for late filing is reduced, one should file their Returns before the deadline. GSTR-1 is also to be filed as specified in the Notifications keeping in consideration the Annual Turnover of the Assessee. After all the relaxation in the procedural aspect we now need to kick start our GST compliances. The Government has also recently created a task force for drafting a new Direct Tax Code and we are expecting major revamping of the Direct Tax Law in India. The year 2018 will bring humongous changes in the Tax Policies of our nation.
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 |
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 |
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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Government constitutes a task force for drafting new Direct Tax Law.
Read More
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President approves ordinance to amend Insolvency and Bankruptcy Code, 2016
Read More
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Post-GST rates Notified to boost exports and employment generation in the labour intensive textiles and apparel sector
Read More
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15th Finance Commission to examine efforts by States to deepen GST tax net
Read More
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RECENT AMENDMENTS
GST
Earlier GST Notifications
Circular No. 20/2017-GST dt. 22.11.2017
Clarify classification and GST rate on Terracotta idols
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Circular No. 21/2017-GST dt. 22.11.2017
Clarify on Inter-state movement of rigs, tools and spares, and all goods on wheels [like cranes]
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CUSTOMS (TARIFF)
Notification No. 89/2017-Cus dt. 24.11.2017
Seeks to further amend notification No. 50/2017-Customs so as to amend the condition with regard to provisional mega power projects and permit proportionate release of FDR or BG based on proportionate mega certificate issued by Ministry of Power.
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Notification No. 90/2017-Cus dt. 27.11.2017
Regarding Amendment to Notification No. 56/2000 dt. 05.05.2000
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CUSTOMS CIRCULARS
Circular No. 46/2017-Customs
Applicability of IGST / GST on goods transferred / sold while being deposited in a warehouse. -reg.
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ANTI DUMPING DUTY
Notification No. 55/2017-Cus (ADD)
Seeks to extend levy of ADD on imports of caustic soda originating in or exported from Saudi Arabia and United States of America by one year, upto 25.11.2018.
Read More
Circular No. 45/2017-Customs(ADD)
Seeks to issue clarification in respect of anti-dumping duty on imports of color coated aluminium foil from China PR
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FSSAI
Gazette Notification (S.O. 3695 (E) dated 20th Nov, 2017)
Regarding referral food testing laboratories.
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ITAT JUDGEMENTS
MUMBAI TRIBUNAL
Tata Industries Ltd. v. Assistant Commissioner of Income-tax, Range-2(3), Mumbai
Where wholly owned subsidiary of assessee, namely 'Apex', a Mauritius based company, sold shares held by it of another company namely 'IDEA' to an unrelated Indian company, since there was absence of transfer of assets by resident to a non-resident, transaction in question would not fall within ambit of section 93 and, therefore, capital gain arising out of sale of shares of 'IDEA' by 'Apex' was not taxable in hands of assessee
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BANGALORE TRIBUNAL
Deputy Commissioner of Income-tax, Circle 12(1), Bangalore v. Misys Software Solutions (India) (P.) Ltd.
A company engaged in development of products in field of bio-technology, pharmaceuticals, etc. is not functionally comparable to a software service provider
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JAIPUR BENCH
M/s. R. F. Properties Pvt. Ltd. vs. The ACIT (TDS)
Counsel : Shri Rajive Sahai & Shri Ashish Sharma (Advocates)
Issue: Pertaining to liability of Tax deduction at source
Held: There were 3 Appeals filed - One by the Asseessee and Two by the Revenue. All Appeals Allowed.
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FROM THE BENCH
SALES / TRADE TAX
Star Paper Mills Limited vs. Commissioner, Commercial Taxes
Where department in three preceding assessment years had proceeded to accept burnt coal to be taxable at rate of 4 per cent under entry 'coal including coke in all its form', in later years same could not be treated as 'unclassified' to be taxable at rate 10 percent unless there was new material and evidence which could justify or warrant a change in stance.
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SERVICE TAX
CCE Vs PSL Ltd
ST – Goods Transport Operator - As per the Finance Act, 2004, Section 73(1)(a) of the Finance Act was amended with effect from 10.09.2004 validating the notice issued to Goods Transport Operators Service recipients by removing the clause "the persons liable to file the returns under Section 70" from erstwhile Section 73 of the Finance Act – SCN in C.M.A.No.1066/2010 was issued on 03.06.2002, therefore, very initiation of proceedings by issuance of show cause notice has been held to be bad in law by Division Bench of High Court in its order dated 24.10.2013 - When the adjudication itself is set aside, the assessee respondent is entitled to refund – Civil Miscellaneous appeal is dismissed: High Court
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CENTRAL EXCISE
Commissioner of Central Excise & Service Tax, Bangalore vs. Karnataka Soaps & Detergents Ltd.
Agarbathi perfume is an excisable product capable of being stored/transported/sold and bought by agarbathi industries; not covered by CBEC Circular No. 495/61/99-CX.3, dated 22-11-1999
Read More
MONEY LAUNDERING ACT
Nikesh Tarachand Shah vs. Union of India
Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India
Read More
Weekly Quiz
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RECENT PUBLICATIONS
GST Law & Practice, 5th Edition, updated till 21st Nov 2017
Buy Now
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DUTIES AND OBLIGATIONS OF PROMOTERS UNDER RERA - CA SANJAY GHIYA
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The RERA, 2016 ensures accountability towards consumer and attempts to balance the interest of consumers and promoters, through its provisions which has imposed certain obligations over promoters to make them answerable and accountable towards consumers.
Prior registration of real estate project with RERA in cases where the area of proposed land to be developed exceeds 500 sq metres, or where the number of apartments proposed to be developed exceeds 8, is now mandatory. It is the obligation of promoter to enclose all necessary documents with the applications.
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Promoters are responsible to make allottee available all the necessary documents.
The promoters are not allowed to accept as advance or deposit or application fee more than 10% of cost of the apartment without entering into the agreement for sale that too has to be registered.
Promoters are bound to keep 70% of the amounts realized from allottees, deposited in schedule bank and the same is used only for meeting the cost of construction and land cost. Withdrawal is safeguarded by certification from an engineer, an architect and CA in practice.
There may be a revocation of registration if there is any violation of terms and conditions of approval.
Liability to rectify structural defect upto five years from the date of possession or any other obligations of the promoters as per the agreement for sale within 30 days of the issue of the notice.
Liability to compensate allottees for loss caused by defective title and there is no time limit for the same.
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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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