tax connect€¦ · relaxation in return filing procedure for first 2 months of gst implementation:...
TRANSCRIPT
Knowledge Partner:
The Bengal Chamber of Commerce & Industry
[
126th Issue:25 June 2017 – 01 July 2017
TAX CONNECT Kolkata: 1, Old Court House Corner, To a o House 1st
Floor, R.No.-13 (North), Kolkata-700001 Gujarat: Quarter no. 3/174, Gujarat Refinery Township, Jawaharnagar, Vadodara-391320
Contact: +919331042424; +919831594980; +913322625203
Email: [email protected];[email protected]
TAX CONNECT
INCOME TAX
CUSTOMS
Page 2 Tax Connect: 125th Issue
25 June 2017 – 01 July 2017
EDITORIAL
Friends,
The Coming week is historical! The Goods and Services
Tax (GST) will be rolled out from June 30 midnight.
As per discussions in the 17th GST Council Meeting held
on 18th June, 2017 (Sunday) officials agreed on several
sets of GST rules, including anti-profiteering guidelines.
The major points decided in the meetings are the
following:
Approved the rules for Advance ruling, Appeals
and revisions, Assessment and Anti-
profiteering.
State-run lotteries will fall in the 12% tax
bracket, while State authorized Lotteries will be
taxed at 28%.
The Council also decided to defer the dates of
filing the detailed return for July and August.
To give some relief to businesses getting ready,
GST council has decided to introduce a new
form GSTR 3B that will need to be filed by
August 20 for July and September 20 for
August.
The invoice-wise details needed in GSTR 1 for
July can be filed by September 5, and for
August by September 20.
The returns for September will follow the
original dates.
E-Way Bills delayed:
On e-waybills, GST Council decided that the existing
system would continue until consensus was reached on
the rules.
Recommendations regarding GST rate on certain goods
and Composition levy
Composition Scheme:
GST Council has recommended that the turnover limit
for Composition Levy shall be Rs.75 lakh for
Uttarakhand and Rs.50 lakh in respect of the following
Special Category States namely:
1. Arunachal Pradesh,
2. Assam,
3. Manipur,
4. Meghalaya,
5. Mizoram,
6. Nagaland,
7. Sikkim,
8. Tripura, and
9. Himachal Pradesh.
However, turnover limit for the Composition levy for the
State of Jammu & Kashmir will be decided in due course.
GST Council has also recommended that manufacturers
of the following goods shall not be eligible for the
Composition Levy:
i. Pan Masala,
ii. Tobacco and manufactured tobacco substitutes,
and
iii. Ice cream and other edible ice, whether or not
containing cocoa
Negative list for the composition scheme :
GST Council has also recommended that rate of GST will
be 5 % on dried Singhada and Makhana.
GST Rates for Services:
1. Service of transport of goods by a vessel:
- GST rate of 5% will be applicable.
- ITC in respect of input services and GST paid on
ships, vessels including bulk carriers and tankers
will be allowed
2. GST rate of 18% with full ITC is applicable on renting
of hotels, inns, guest houses, clubs, campsites or
other commercial places meant for residential or
Page 3 Tax Connect: 125th Issue
25 June 2017 – 01 July 2017
EDITORIAL
lodging purposes where room tariff is Rs 2500/ and
above but less than Rs 7500/- per room per day
3. GST rate of 28% with full ITC is applicable on
accommodation in hotels including 5 star and above
rated hotels, inns, guest houses, clubs, campsites or
other commercial places meant for residential or
lodging purposes, where room rent is Rs 7500/- and
above per room per day
4. GST rate of 18% with full ITC shall attract on supply of
Food/drinks in air-conditioned restaurant in 5-star or
above rated Hotel.
Relaxation in return filing procedure for first 2 months
of GST implementation:
With the intention to provide a sense of comfort to the
taxpayers and to provide an opportunity to the taxpayers
to be ready for this historic reform the relaxation in GST
implementation has been given as under:
For the month of July and August 2017 the tax
would be payable based on a simple return i.e.
Form GSTR-3B:
- GSTR-3B containing summary of outward and
inward supplies.
- GSTR-3B will be submitted before 20th
August
(for July) and 20th
September 2017 (for August).
However, the invoice-wise details in regular
GSTR – 1 would have to be filed for the month of
July and August, 2017 during the period 1st
to 5th
September (for July) and 16th
to 20th
September
2017 (for August).
GSTR-2 needs to be reconcile during the period
6th
to 10th
September (for July) and 21st
to 25th
September (for August) 2017.
It is to be noted that facility for uploading of
outward supplies for July, 2017 will be available
from 15th July, 2017.
No late fees and penalty would be levied for the
interim period.
In the mean time The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.18
/2017 dated 22.06.2017 has notified that Service Tax
Return for the period from April 2017 to June 2017 shall
be submitted by 15th August 2017.
We do hope that this bulletin adds value to your
professional sphere.
Just to reiterate that we remain available over a
telecom or e-mail.
Truly Yours
Timir Baran Chatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
Vivek Jalan
FCA, LL.B, B. Com (Hons.)
Page 4 Tax Connect: 125th Issue
25 June 2017 – 01 July 2017
SYNOPSIS
S.NO. TOPICS PAGE NO.
1] TAX CALENDAR 5
2] GOODS & SERVICE TAX (GST)
a) GST Levy, Supply, Place & Time of Supply 6
Analysis Notification No. 4/2017 dated 19.06.2017 and (GHN-23) GST -2017-S.1(1)/TH dated 21.06.2017 Analysis Rules Notified under CGST Act.
b) Input Tax Credit (ITC) under GST 7
Analysis Notification No. 4/2017 dated 19.06.2017 and (GHN-24) GST -2017-S.146/TH dated 21.06.2017
Analysis Notification No. 5/2017 dated 19.06.2017 and (GHN-25) GST -2017-S.23/TH dated 21.06.2017
Analysis Notification No. 6/2017 dated 19.06.2017
c) GST return, payments & refunds 8
Analysis Notification No. 1/2017 – Integrated Tax dated 19.06.2017
Analysis Notification No. 2/2017 – Integrated Tax dated 19.06.2017
Analysis How to be Ready for GST.
d) Invoice & Accounts under GST 9
Analysis How to be Ready for GST.
e] GST authority interface - assessments & appeals 10
Analysis Transition Provision under GST
f] Other Topics under GST 11
Analysis Transition Provision under GST
3] INCOME TAXES
12
Notification/Circular Case Law- MEHSANA DISTRICT CENTRAL CO-OP BANK LTD (GUJARAT HIGH COURT)
Notification/Circular Case Law -GUJARAT ENVIRO PROTECTION AND INFRASTRUCTURE (GUJARAT HIGH COURT)
4] CUSTOMS
13
Notification/Circular Notification No. 24/2017- dated 23.06.2017
Notification/Circular Notification No. 31/2017- dated 22.06.2017
Notification/Circular Notification No. 30/2017- dated 16.06.2017
Notification/Circular Notification No. 56/2017-Customs (N.T.) dated 23.06.2017
5] IN STANDS: REVISED MODEL GST LAWS : A COMPREHENSIVE TECHNICAL COMMENTARY
14
Page 5 Tax Connect: 125th Issue
25 June 2017 – 01 July 2017
TAX CALENDAR
Due date COMPLIANCES FROM 25th Jun, 2017
to 30th Jun, 2017
State/Region
25th June, 2017 Filing of monthly/quarterly
VAT return (VAT Act)
Jharkhand
Issuance of WCT certificate (VAT Act) West Bengal, Mizoram
28th June, 2017 Deposit of VAT of previous month (VAT
Act)
Arunachal Pradesh
Filing of monthly/quarterly VAT return
(VAT Act)
Arunachal Pradesh (Monthly, if turnover>Rs. 1
crore)
30th
June, 2017 Deposit of VAT of previous month (VAT
Act)
Tripura, Himachal Pradesh
Punjab (if payment otherwise than by cheque)
Goa (if Tax < Rs. 1 lac), Mizoram, Jammu & Kashmir
Filing of monthly/quarterly/annual VAT
return (VAT Act)
Himachal Pradesh , Punjab (if payment otherwise than
by cheque), Bihar, Gujarat, Jharkhand (Annual),
Uttarakhand, Tripura,
Deposit of WCT of previous month (VAT
Act)
Goa (Monthly, if Tax< Rs. 1 lac)
Filing of monthly/quarterly WCT
return(VAT Act)
Rajasthan, Bihar, Chandigarh, Tamil Nadu
Deposit of Entry tax of previous month
(Entry Tax Act)
Maharashtra , Goa
Issuance of WCT certificate (VAT Act) Orissa
Deposit of P tax of previous month
(Commercial Tax Act)
Maharashtra
Page 6
GST LEVY, SUPPLY, PLACE & TIME OF SUPPLY
Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
NOTIFICATIONS/CIRCULARS
SECTIONS NOTIFIED UNDER C.G.S.T. ACT AND GUJARAT
GST ACT, 2017 W.E.F. 22.06.2017
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India and Finance Dept. ,
Govt. of Gujarat vide Notification No. 1/2017-Central
Tax dated 19.06.2017 and Notification No. (GHN-
23)GST-2017-S.1(1)/TH-dated 21.06.2017 the Central
Government and Government of Gujarat notified that
the provisions of following Section will apply from 22nd
June, 2017:
Sec. No. Description
1 Short title, extent and commencement.
2 Definitions.
3 Officers under CGST Act.
4 Appointment of officers.
5 Powers of officers
10 Composition levy.
22 Persons liable for registration.
23 Persons not liable for registration
24 Compulsory registration in certain cases
25 Procedure for registration
26 Deemed registration
27
Special provisions relating to casual
taxable person and non-resident taxable
person.
28 Amendment of registration.
29 Cancellation of registration.
30 Revocation of cancellation of
registration.
139 Migration of existing taxpayers.
146 Common Portal.
164 Power of Government to make rules
RULES NOTIFIED UNDER C.G.S.T. ACT
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.
3/2017-Central Tax dated 19.06.2017 and Notification
No. (GHN-26)GST-2017-S.23(1)/TH-dated 21.06.2017
the Central Government and Gujarat Government
notified the Rules under C.G.S.T. Act, 2017 and Gujarat
GST Act, 2017:
Chapter- I-Preliminary
Rule
No.
Description
1 Short title, Extent and Commencement.
2 Definitions
Chapter- I-Composition Rules
3 Intimation for composition levy
4 Effective date for composition levy
5 Conditions and restrictions for composition
levy
6 Validity of composition levy
7 Rate of tax of the composition levy.
Chapter- I-Registration
8 Application for registration
9 Verification of the application and approval
10 Issue of registration certificate
11 Separate registration for multiple business
verticals within a State or a Union territory
12 Grant of registration to persons required to
deduct tax at source or to collect tax at
source
13 Grant of registration to non-resident taxable
person
14 Grant of registration to a person supplying
online information and database access or
retrieval services from a place outside India
to a non-taxable online recipient
15 Extension in period of operation by casual
taxable person and non-resident taxable
person.
16 Suo moto registration.-
17 Assignment of Unique Identity Number to
certain special entities
18 Display of registration certificate and Goods
and Services Tax Identification Number on
the name board.
19 Amendment of registration.-
20 Application for cancellation of registration.
Page 7 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
INPUT TAX CREDIT UNDER GST
21 Registration to be cancelled in certain cases
22 Cancellation of registration
23 Revocation of cancellation of registration
24 Migration of persons registered under the
existing law.-
25 Physical verification of business premises in
certain cases
26 Method of authentication
NOTIFICATIONS/CIRCULARS
WWW.GST.GOV.IN NOTIFIED AS THE COMMON GOODS
AND SERVICES TAX ELECTRONIC PORTAL OUR COMMENTS: The CBEC (Dept. of Revenue),
Ministry of Finance, Government of India and
Finance Dept. , Govt. of Gujarat vide Notification
No. 4/2017-Central Tax dated 19.06.2017 and
Notification No. (GHN-24)GST-2017-S.146(1)/TH-
dated 21.06.2017 the Central Government and
Government of Gujarat notified www.gst.gov.in as
the Common Goods and Services Tax Electronic
Portal for facilitating registration, payment of tax,
furnishing of returns, computation and settlement
of integrated tax and electronic way bill w.e.f. 22nd
June, 2017.
www.gst.gov.in means the website managed by the
Goods and Services Tax Network, a company
incorporated under the provisions of section 8 of
the Companies Act, 2013.
UNDER CGST ACT, 2017 THE CG SPECIFIES THE
PERSONS EXEMPTED FROM OBTAINING
REGISTRATION
OUR COMMENTS: The CBEC (Dept. of Revenue),
Ministry of Finance, Government of India and
Finance Dept. , Govt. of Gujarat vide Notification
No. 5/2017-Central Tax dated 19.06.2017 and
Notification No. (GHN-25)GST-2017-S.23(1)/TH-
dated 21.06.2017 the Central Government specifies
the following category of persons exempted from
obtaining registration under Central Goods and
Services Tax Act, 2017 w.e.f. 22.06.2017:
- who are only engaged in making supplies of
taxable goods, or
- who are only engaged in making supplies of
taxable services, or
- Both of the above
the total tax on which is liable to be paid on reverse
charge basis by the:
- recipient of such goods, or
- Recipient of such services, or
- Both of the above
CBEC NOTIFIED THE MODE OF VERIFICATION OF
DOCUMENTS
OUR COMMENTS: The CBEC (Dept. of Revenue),
Ministry of Finance, Government of India vide
Notification No. 6/2017-Central Tax dated
19.06.2017 the Central Government notified the
following modes of verification of any documnts
w.e.f. 22.06.2017:
Aadhaar based Electronic Verification Code
(EVC);
Bank account based One Time Password
(OTP)
Such verification shall be done within two days of
furnishing the documents.
Page 8 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
GST: GST RETURN, PAYMENTS & RECEIPTS
NOTIFICATIONS/CIRCULARS
SECTIONS NOTIFIED UNDER I.G.S.T. ACT W.E.F.
22.06.2017
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.
1/2017- Integrated Tax dated 19.06.2017 the Central
Government notified that the provisions of following
Section will apply from 22nd
June, 2017:
Sec. No. Description
1 Short title, extent and commencement.
2 Definitions.
3 Appointment of officers.
14
Special provision for payment of tax by a
supplier of online information and
database access or retrieval services.
20 Application of provisions of Central
Goods and Services Tax Act.
22 Power to make rules.
PRINCIPAL COMMISSIONER OF CENTRAL TAX,
BENGALURU WEST AND ALL THE OFFICERS
SUBORDINATE TO HIM AS THE OFFICERS EMPOWERED
TO GRANT REGISTRATION.
OUR COMMENTS: The CBEC (Dept. of Revenue),
Ministry of Finance, Government of India vide
Notification No. 2/2017-Integrated Tax dated
19.06.2017 the Central Government empowered
the Principal Commissioner of Central Tax,
Bengaluru West and all the officers subordinate to
him as the officers to grant registration in case of
online information and database access or retrieval
services provided or agreed to be provided by a
person located in non-taxable territory and received
by a non-taxable online recipient w.e.f. 22.06.2017.
HOW TO BE READY FOR GST
1. Get Complete your working for Closing Stock
for the period 31.3.2017 / 30.6.2017 before
GST Implementation date.
2. Allocate your such stock into quantative
mode.
3. Get the A/c Statement from your Suppliers /
Creditors for the year ended 31/3/2017 &
compiled them from your books.
4. Rectify *Mismatch Reports of Purchases *, if
persists .
5. Revise your Vat Returns if point no.4 applies
to you.
6. Make strict follow-up to Collect all the C
forms/H Form/ I forms.
7. Get your Books Finalise for FY 2016-17
8. Make a separate file of those items which
are shown in your Unsold stock as on
30.6.2017 e.g. Purchase Bills/ Bill of Entry/
Excise Paying Documents etc.
9. Stock ageing be made to ascertain if any
stock is more than 1yr old. If yes then
dispose it off immediately or sell it to your
sister concern against Tax Invoice locally.
10. Classify stock tax rate wise, purchased locally
to get ITC into SGST.
11. Classify stock purchased on invoices bearing
Duty Payment & non duty payments to get
ITC transferred to CGST.
12. Inform your GSTIN / ARN to all suppliers of
Goods & Services.
Page 9 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
INVOICE AND ACCOUNTS & AUDIT UNDER GST
13. Obtain GSTIN of all Suppliers & Buyers.
14. Apply for migration in all states if you have
centralised registration under Service Tax.
15. Train your accountants for GST accounting
and returns formats.
16. Make Chart of HSN CODES & GST Rates on
your goods & services to be purchased &
Sold.
17. Check whether any stock of one year old is
lying with you .
18. Analyse P and L and see which expenses are
liable to RCM.
19. Be in regular touch with your GST Consultant
.
20. Kindly Place the order to your printer for *
Draft Format *of Tax Invoice/ Bill of Supply/
Debit - Credit Note etc ( as applicable to
your business )
21. If you are planning to generate , invoices
through any Software , do align with
Software Consulting firm.
22. And Get approved the Draft ( pt no. 20-21)
from your GST Expert.
23. Use only original Softwares for Accounting &
Invoicing purposes.
24. Pl pay special attentions for any Calls, mails ,
messages or communication of your GST
Consultant/ Department.
25. Make a practise to Upload your Sales /
purchases on regular basis at GST Portal
26. GST / Interest/ penalty or any levy may be
paid through RTGS/ NEFT/ Debit Card/ Credit
Card Etc.
27. Penalty Provisions for non submission of GST
returns : Rs 100/- per day but subject to
max. Rs.5000/- in each acts.
28. Penalty Provisions for non submission of
Annual Return is 0.25% of Annual Turnover .
29. Please Final the terms & remuneration of
your GST Service provider before GST
Implementation Date .
30. Option of revising the return is not available
in GST Regime but you can modify your
uploaded data by Debit & Credit Notes.
31. Every Normal Dealer filing GSTR 1 -3
required to submit Annual Return in GSTR 9
by the due date .
32. Late filing would be permitted on payment
of late fees only. Hence late filing of return
will not be possible without payment of fees.
33. A return furnished without payment of full
tax due as per such return shall not be
treated as a valid return for allowing input
tax credit in respect of supplies made by
such person.
34. Input tax credit is eligible only after filing a
valid GST return.
Page 10 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
GST AUTHORITY INTERFACE, ASSESSMENT AND APPEAL
ANALYSIS
TRANSITION PROVISIONS UNDER GST GST is a significant reform in the field of indirect taxes in
our country. Multiple taxes lev-ied and collected by the
Centre and States would be replaced by one tax called
Goods and Services Tax (GST).
GST is a multi-stage value added tax on consumption of
goods or ser-vices or both. As GST seeks to consolidate
multiple taxes into one, it is very essential to have
transitional provisions to ensure that the transition to
the GST regime is very smooth and hassle-free and no
ITC (Input Tax Credit)/benefits earned in the existing
regime are lost.
The transi-tion provisions can be categorised under three
heads:
- Relating to Input Tax Credit
- Continuance of existing procedures such as job
work for a reasonable period without any
adverse consequence under GST law
- All claims (pending as well as future) pertaining
to existing laws filed before, on or after the
appointed day.
Transitional arrangements for ITC Elaborate
provisions have been made to carry forward the
ITC earned under the existing law.
Such credit should be permissible under the GST
law. However, the taxable person opting for
composition scheme would not be eligible for
carry forward of the existing ITC.
ITC of various taxes under the existing laws
(CENVAT credit, VAT etc.) would be carried
forward as under:
- Closing balance of the credit in the last
returns: The closing balance of the CENVAT
credit/VAT in the last returns filed under the
existing law can be taken as credit in electronic
credit ledger. Such credit would be available only
when returns for the previous last six months
have been filed under the existing law. In order
to claim this credit, declaration in form GST TRAN
1 is required to be furnished on the common
portal within ninety days from the appointed day
i.e. the day on which the GST law would come
into force.
- Un-availed credit on capital goods: The
balance instalment of un-availed credit on capital
goods credit can also be taken by filing the
requisite declaration in the GST TRAN 1.
- Credit on duty paid stock: A registered
taxable person, other than the manufacturer or
service provider, may have duty paid goods in his
stock on the appointed day. GST would be
payable on all supplies of goods or services made
after the appointed day. It is not the intention of
the Govern-ment to collect tax twice on the
same goods. Hence, in such cases, it has been
provided that the credit of the duty/tax paid
earlier would be admissible as credit. Such credit
can be taken as under:
- Credit shall be taken on the basis of
invoice evidencing payment of duty of excise or
VAT
- Such invoices should be less than one-
year old
- Declare the stock of duty paid goods
within the prescribed time on the common
portal
Page 11 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
OTHER TOPICS UNDER GST
TRANSITION PROVISIONS UNDER GST
Credit on duty paid stock whenRegistered Person
does not possess the docu-m-ent evidencing
payment of excise duty/VAT For traders who do
not have excise or VAT invoice, there is a scheme
to allow credit to them on the duty paid stock.
The features of this scheme are as under:
- The scheme is operative only for six
months from the appointed day. It is not
available to manufacturer or supplier of
service. It is available to traders only.
Credit @ 60% on such goods which attract
central tax @ 9% or more and @ 40% for other
goods of GST paid on the stock cleared after the
appointed day would be allowed. However, such
goods should not be unconditionally exempted
goods or taxed at nil rate under the existing law.
It has also been provided that where integrated
tax is paid on such goods, the
- amount of credit shall be allowed at @
30% and 20% respectively of the said tax.
- Credit would be allowed after the GST is
paid on such goods subject to the
condition that the benefit of such credit is
passed on to the customer by way of
reduced prices.
- The statement of supply of such goods in
each of the six tax periods has to be
submit-ted.
- Stocks stored should be easily identifiable.
- Credit relating to exempted goods under
the existing law which are now taxable
Input Tax Credit of CENVAT/VAT in respect
of input, semi-finished and finished goods
in stock attributable to exempted goods or
services which are now taxable can also be
taken in the same manner.
- Input/input services in transit There might
be a scenario where input or input services
are received on or after the ap-pointed day
but the duty or tax on the same was paid
by the supplier
under the existing law. Registered person (RP) may take
credit of eligible duties and taxes, provided the in-voice
has been recorded in the books within 30 days from the
appointed day. The period can be extended by the
Commissioner GST by another 30 days. A statement of
such in-voices have to be furnished. ISD can
alsoIdistribute such credit.
Tax paid under the existing law under
composition scheme Those taxpayers who paid
tax at fixed rate or fixed amount in lieu of the tax
payable un-der the existing law but are working
under normal scheme under GST can claim credit
on their input stock, semi-finished and finished
stock on the appointed date, subject to the
following conditions:
- Such input stock used for taxable supply under
this Act
- Registered Person is not covered under section
10 (composition scheme) of this Act
- Registered Person is eligible for ITC under this
Act
- Registered Person is in possession of the invoice
or other duty payment documents
- Such invoices are not more than twelve months
old on the appointed day
- ITC in case of Centralised Registration under
service tax Such Registered Person can take
credit of the amount of CENVAT carry forward-ed
in return furnished under the existing law, if the
original/revised return under the ex-isting law
has been filed within three months. Such credit
may be transferred to any of the Registered
Persons having the same PAN for which the
centralised registration was ob-tained.
Page 12 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
INCOME TAXES
ANALYSIS
COURT DECISION
MEHSANA DISTRICT CENTRAL CO-OP BANK LTD
(GUJARAT HIGH COURT)
Brief: Assessee raised objections against reopening of
the case by the Assessing officer even after the A.O. has
maintained an opinion that no income chargeable to tax
had escaped assessment.
OUR COMMENTS: In the given case, Petitioner is a
cooperative bank. For the assessment year 2007-2008,
the return of income was taken in scrutiny by the
Assessing Officer. He passed the order of assessment on
27.10.2009. To reopen such assessment the Assessing
Officer issued the impugned notice.
Assessee filed the petition challenging the notice issued
by the A.O. who is seeking to reopen the assessment for
earlier year.
The Hon’ble High Court after considering the decision
take by Hon’ble Supreme Court in the case of GKN
Driveshafts (India) Ltd. held that the Assessing Officer
was clearly acting under the dictates of the audit party.
Even after issuing the notice, he still maintained an
opinion that no income chargeable to tax had escaped
assessment. If that be so, he ought to have dropped the
assessment proceedings, at least at that stage when the
petitioner raised the objections which even without such
objections, the Assessing Officer was convinced.
[Decided in favour of Assessee]
GUJARAT ENVIRO PROTECTION AND
INFRASTRUCTURE (GUJARAT HIGH COURT)
Brief: Assessee raised objections against Reopening of
assessment - disallow the assessee's claim of deduction
under Section 80IA.
OUR COMMENTS: As there was no failure on the part of
the assessee to disclose necessary facts documents in
the nature of contracts between the government and
other agencies were very much part of the record.
Assessee filed the petition challenging the notice issued
by the A.O. who is seeking to reopen the assessment for
earlier year.
The Hon’ble High Court Held that Under similar
circumstances, in case of this very assessee for the earler
assessment year we set aside the notice for reopening as
held that there was no failure on the part of the assessee
to disclose necessary facts. The documents in the nature
of contracts between the government and other
agencies were very much part of the record. Further,
during the assessment pursuant to the first notice for
reopening, the Assessing Officer had examined the claim
of deduction under Section 80IA (4) of the Act. It may be
that the Assessing Officer had only one of the units of
the assessee in mind when such assessment was being
framed. Nevertheless nothing prevented him from
disallowing such deduction qua other units also if similar
situation obtained.
[Decided in favour of Assessee]
Page 13 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
CUSTOMS
NOTIFICATIONS/CIRCULARS
NOTIFIED PROJECT IMPORTS (AMENDMENT)
REGULATIONS, 2017
OUR COMMENTS: The (Dept. of Revenue), Ministry of
Finance, Government of India vide Notification No.
24/2017- dated 23.06.2017 the Central Board of Excise
and Customs makes the following regulations to amend
the Project Imports Regulations, 1986, and named the
new regulation as Project Imports (Amendment)
Regulations, 2017, which shall come into force on the
23.06.2017.
In the Project Imports Regulations, 1986, in the Table,
after serial number 3F and the entries relating thereto,
further serial number and entries shall be inserted.
Readers may refer to the above notification for the
details.
CG IMPOSES ANTI DUMPING DUTY ON SEWING
MACHINE NEEDLES
OUR COMMENTS: The (Dept. of Revenue), Ministry of
Finance, Government of India vide Notification No.
31/2017- dated 22.06.2017 the Central Board of Excise
and Customs hereby seeks to impose anti-dumping duty
on imports of sewing machine needles originating in or
exported from China PR .
CG IMPOSES ANTI DUMPING DUTY ON CLEAR
FLOAT GLASS
OUR COMMENTS: The (Dept. of Revenue), Ministry of
Finance, Government of India vide Notification No.
30/2017- dated 16.06.2017 the Central Board of Excise
and Customs hereby seeks to impose anti-dumping duty
on Clear Float Glass of nominal thickness ranging from
4mm to 12mm (both inclusive), the nominal thickness
being as per BIS 14900:2000
KANNUR INTERNATIONAL AIRPORT DECLARED AS
CUSTOM AIRPORT
OUR COMMENTS: The (Dept. of Revenue), Ministry of
Finance, Government of India vide Notification No.
56/2017-Customs (N.T.) dated 23.06.2017 the Central
Board of Excise and Customs makes Seeks to amend
Notification No. 61/94(NT) - Customs, dated the 21st
November, 1994 to declare Kannur International Airport
as Customs Airport under sub-section (2) of section 7 of
the Customs Act, 1962.
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Page 14 Tax Connect: 125th Issue
18 June 2017 – 24 June 2017
IN STANDS: REVISED MODEL GST LAWS : A COMPREHENSIVE TECHNICAL COMMENTARY
ABOUT THE BOOK: While the Government is moving at a rapid pace, yet it is still a question whether the Corporates are GST Ready or not. It is high time that the law needs to be analysed and implemented into every facet of the business including sales and marketing, Logistics, procurement, HR, IT and of course Finance and Taxation. The book contains an exhaustive coverage of the Revised Model GST in the form of a Section wise technical commentary. It provides an insight into the following:
1. Brief about the major changes between the Revised law and the earlier law. 2. Revised Model GST Law November 2016 3. Revised Model IGST Law November 2016 4. GST Compensation Law 5. GST Return Rules 6. GST Refund Rules 7. GST Registration Rules 8. GST Payment Rules 9. GST Invoice Rules
Authors:
Timir Baran Chatterjee M.Com, FCS, MBA (International Business)-IIFT, ACMA
Vivek Jalan
B. Com, FCA, LLb, CIDT (ICAI)
Knowledge Partner:
Bengal Chamber of Commerce and Industry (the first chamber of the Country)
Published by: BOOK CORPORATION
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