"14 July 2019" Archive

ITC Benefits cannot be denied to purchaser merely for subsequent de-registration of selling dealers

M/s Onyx Designs Vs Assistant Commissioner of Commercial Taxes (Karnataka High Court)

M/s Onyx Designs Vs The Assistant Commissioner of Commercial Taxes (Karnataka High Court) Conclusion: In absence of any other allegations made against the purchasing dealer in the assessment orders, merely for the reason that selling dealers had not deposited the collected tax amount or some of the selling dealers had been subsequently de...

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Notice u/s 143(2) is invalid if it is issued but not served

Anil Kisanlal Marda Vs ITO (ITAT Pune)

Since no effort was made by AO to serve another notice u/s. 143(2) before the deadline after returning from postal authorities the original notice u/s 143(2) thus, the jurisdictional condition of `service’ of notice u/s. 143(2) and not its `issue’ was not satisfied  and accordingly, assessment order passed in absence of a valid juris...

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Reassessment on Investigation Wing report without further enquiry was invalid

Mohan Aggarwal Vs ACIT (ITAT Delhi)

Reassessment under section 147 on the basis of report of Investigation Wing without conducting further enquiry on the same was invalid and liable to be set aside....

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No order of CIT(A) was valid if it failed to comply rule 46A while admitting additional evidences

ITO Vs M/s. Theobroma Foods Pvt. Ltd. (ITAT Mumbai)

Since CIT(A) had admitted additional evidences without complying with rule 46A which was fatal to sustaining of appellate order passed by CIT(A), therefore, the matter was restored to CIT(A) for fresh adjudication....

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Components of Levy of GST

Provisions of GST Acts, which provide for levy and collection of tax, provide that tax shall be levied on supply of goods or services or both. In my personal opinion, expression supply of goods or services or both used in Article 366(12A) of the Constitution refers to completed supply of goods or services or both and expression supply of ...

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GSTR-3B is not a “Return” : Gujarat High Court

On 24th June 2019 the Hon’ble Gujarat High Court has given a landmark ruling in the case of AAP & Company, Chartered Accountants v/s Union of India that the FORM GSTR-3B is not a 'Return', rather Return specified for Section 39 in FORM GSTR-3 is a 'Return'....

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Summary of Amendments made by Finance Bill, 2019

This Budget Bulletin is divided into three parts: Part I – Provides Rates of Taxes applicable for A.Y. 2019-20 and A.Y. 2020-21 (given as a comparison). Part II – Provides the summary of amendments made by Interim Finance Bill, 2019. Part III – Provides the summary of amendments made by Finance (No. 2) Bill, 2019....

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Body Building of Buses Whether Supply of Goods or Services

Whether the activity of building and mounting of the body on the chassis by the applicant will result in supply of goods under HSN 8707 or supply of services under SAC 9988? The above question is related to Section 97 (2) (a) of CGST Act,2017 as it is with regard to Classification & hence permitted under the said act....

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GST Implications on inter-unit service cost cross charges

GST implementation in India piloted various new concepts of indirect taxation. The cause for the levy of indirect taxes shifted from the concept of manufacturing, service and sales to the concept of ‘supply’. The indirect tax system itself transitioned from an origin-based taxation to a largely destination / consumption-based taxation...

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GST on educational service provided by IIM

Indian institution of Management Act, 2018 which came into force from 31.01.2018 states  that IIM’s listed in the schedule of the said Act shall be consider the ‘institute of national Importance’. Thus the same has been defined as educational institute under notification no.12/2017 –CT (R) dated 28.06.2017 as they provide...

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GST on sprinklers irrigation system

Initially w.e.f. 01.07.2018 mechanical appliances (whether or not home operated) for projecting, dispersing or spraying the liquid or powder spray guns and similar appliances stem or sand blasting machines and similar jet projecting machines (other than fire extinguishers, whether or not charged), vide HSN 8424 were placed under 18% slab....

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GST Audit Questionnaire for review of internal control & walk through

GST AUDIT QUESTIONNARE FOR REVIEW OF INTERNAL CONTROL SYSTEM AND WALK THROUGH. PURCHASES – INWARD SUPPLIES 1. Whether all purchases are centralised or de-centralised. If all purchases are authorised by few key persons like owner or Managing Director etc, it may require in-depth study of purchases. 2. Whether all the purchases are made o...

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Ratio Analysis of Database for GST Audit by Department

RATIO ANALYSIS OF DATABASE FOR AUDIT BY GST DEPARTMENT to detect wrong Input Tax Credit availed, To identify under valuation of goods as value-addition should involve adequate difference between the two, To identify removal of goods without payment of duty, To identify claiming of input tax credit on inputs used in exempted products, to i...

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Guidelines for filling GST Audit Plan

GST AUDIT PLAN Part-A for Goods Note: This is only an illustrative Audit Plan for M/s ABC Paper Mills. Plan for each unit should be prepared based on the specific requirement. Guidelines for filling in the Audit Plan: Sl. No. Subject Specific Issue Source Document Back-up Document (Records/ Registers/ Ac counts maintained U/S 35 CGST [&he...

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List of Documents required for GST Scrutiny at Desk Review Stage

ILLUSTRATIVE LIST OF IMPORTANT DOCUMENTS FOR GST SCRUTINY AT DESK REVIEW STAGE PART-A (FOR GOODS) I. Check of Documents during Desk Review – Sr. No. Name of the Record/Document Relevance of the documents and checks to be done 1. Annual Report & Director’s Report The Annual Report prepared prepared by a company inter alia contains...

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Local Risk Parameters for selection of units for GST audit

Local Risk Parameters The following are example of local risk parameters criteria that may be considered during selection of units for audit. The planning section, Hqrs of Audit Commissionerate may consider all or some of the below criteria, depending on available data and resources, and may also use additional criteria not listed below. ...

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STT on option in securities on difference between strike & settlement price

As per the existing provisions section 99 of the Finance (No.2) Act, 2004, the value of taxable securities transaction in respect of sale of an option in securities, where option is exercised, shall be, the settlement price. In order to rationalise the levy of STT where the option is exercised, it is proposed to amend […]...

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Refund of Tax & Penalty paid under Income Declaration Scheme, 2016

The existing provisions of section 187 of the Finance Act, 2016 provide, inter alia, that the tax, surcharge and penalty in respect of the undisclosed income, declared under the Income Declaration Scheme, 2016 (the Scheme) shall be paid on or before a notified due date. In order to address genuine concern of the declarants, it […]...

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Rationalisation of Provisions of Black Money Act

Rationalisation of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 The existing provisions of section 2 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (the BM Act) provide inter alia that the “assessee” means a person who is resident in India within [&...

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Budget 2019: Provision of credit of relief provided under section 89

Section 89 of the Income-tax Act contains provisions for providing tax relief where salary, etc. is paid in arrears or in advance. The existing provisions of section 140A, section 143, section 234A, section 234B and section 234C contain provisions relating to computation of tax liability after allowing credit for prepaid taxes and certain...

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Enhancing time limitation for sale of attached property under rule 68B

Enhancing time limitation for sale of attached property under rule 68B of Second Schedule of the Income Tax Act, 1961 The existing provisions of rule 68B of the Second Schedule of the Act provide that no sale of immovable property attached towards the recovery of tax, penalty etc. shall be made after the expiry of […]...

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Clarification on definition of “accounting year” in section 286

Clarification regarding definition of the “accounting year” in section 286 of the Income Tax Act, 1961 vide Union Budget 2019 Section 286 of the Act contains provisions relating to specific reporting regime in the form of Country-by-Country Report (CbCR) in respect of an international group. It provides that every parent entity or the...

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TDS on non exempt portion of life insurance pay-out on net basis

Under section 194DA of the Act, a person is obliged to deduct tax at source, if it pays any sum to a resident under a life insurance policy, which is not exempt under sub-section (10D) of section 10. The present requirement is to deduct tax at the rate of one per cent. of such sum […]...

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Section 192A – TDS on Premature withdrawal from EPF

The Employees Provident Fund (EPF) is a saving scheme introduced, under the Employees Provident Fund and Miscellaneous Act, 1952, with an aim to promote savings which can be used post-retirement of an employee. Section 192A was inserted vide the Finance Act 2015 applying the tax deduction at source (TDS) provisions in case of the prematur...

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