"14 September 2020" Archive

Banking Regulation (Amendment) BIll, 2020 introduced in Lok Sabha

Bill No. 114 of 2020 (14/09/2020)

Banking Regulation (Amendment) Bill, 2020 which seeks to replace the Banking Regulation (Amendment) Ordinance, 2020 (Ord. 12 of 2020) provides for the following, namely:— (i) substitution of section 3 to provide that the Act shall not apply to— (a) a primary agricultural credit society; or (b) a co-operative society whose primary obje...

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Say Hi to stock trading & mutual fund investment with Geojit WhatsApp Channel

While spending immeasurable time on WhatsApp everyday, people can now take care of their short-term or long-term financial needs using that popular messaging app. Geojit Financial Services Ltd., one of the leading investment services companies in India, has made it possible with the launch of their custom-made WhatsApp channel. Develope...

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Posted Under: Fema / RBI |

Section 54/54F- Purchase of under construction flat from builder- Purchase or Construction?

PCIT Vs Akshay Sobti (Delhi High Court)

The issue under consideration is whether agreement for construction of house interpreted as agreement for purchase for availing benefits of deduction u/s 54F if construction completed within three years?...

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CPC TDS Wing is not an ‘External Agency’ for CBDT Circular

ITO Vs Ajmer Vidhyut Vitran Nigam Ltd (ITAT Jaipur)

ITO Vs Ajmer Vidhyut Vitran Nigam Ltd (ITAT Jaipur) Exception 10(e) to the aforesaid CBDT Circular relates to cases where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ ED/ DRI/ SFIO/ Directorate General of GST Intelligence (DGGI). In the instant case, the assessee ha...

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e-Submission & e-Hearing in MVAT Assessment Proceedings

Trade Circular No. 12T of 2020 (14/09/2020)

MGSTD has made available the facility to carry e-Submission & e-Hearing in MVAT Assessment Proceedings electronically, wherein the officers as well as dealers would be able to carry out their part of the assessment process without personal attendance. ...

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GST evasion of Rs. 96.06 crore detected in Shillong

D.O.No.32/CH(IC)/2020 (14/09/2020)

Based on data analytics, the CGST Commissionerate, Shillong, detected ineligible availment of ITC by some Units primarily engaged in supply of electrical energy during the period July 2017 to March 2020. The exercise led to recovery of Rs. 44.80 crore against the detection of GST evasion of Rs. 96.06 crore....

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Factoring Regulation (Amendment) Bill, 2020 introduced in Lok Sabha

Bill No. 115 of 2020 (14/09/2020)

Factoring Regulation (Amendment) Bill, 2020, inter alia, seeks to— (i) amend the definitions of ‘assignment’, ‘factoring business’ and ‘receivables’, so as to bring them in consonance with international definitions and also to insert a new definition of ‘Trade Receivables Discounting System̵...

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Automation of Income Recognition, Asset Classification and Provisioning processes in banks

RBI/2020-21/37 Ref. No. DoS.CO.PPG./SEC.03/11.01.005/2020-21 (14/09/2020)

In order to ensure the completeness and integrity of the automated Asset Classification (classification of advances/investments as NPA/NPI and their upgradation), Provisioning calculation and Income Recognition processes, banks are advised to put in place / upgrade their systems to conform to the following guidelines latest by June 30, 20...

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Bilateral Netting of Qualified Financial Contracts Bill, 2020 introduced in Lok Sabha

Bill No. 98 of 2020 (14/09/2020)

The Bilateral Netting of Qualified Financial Contracts Bill, 2020, inter alia, seeks to provide for— (a) designation of any bilateral agreement or contract or transaction, or type of contract, as qualified financial contract by the Central Government or any of the regulatory authorities as specified in the First Schedule; (b) enforceabi...

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Amendment in Export Policy of Onions

Notification No. 31/2015-20-DGFT [S.O. 3130(E)] (14/09/2020)

The Export of all varieties of Onions, as described above, is prohibited, with immediate effect. The provisions under Transitional Arrangement (Para 1.05 of the FTP 2015-20) shall not be applicable under this notification. MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) NOTIFICATION NO. 31...

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Streamlining of Unit Quantity Codes in DGFT’s EDI system & Customs’

Trade Notice No. 27/2020-21-DGFT (14/09/2020)

No new authorizations mentioning Non-standard units such as BoU, packs, Boxes cartons and bottles etc would be issued by RAs. For this necessary changes are being carried out in the DGFT EDI system also....

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JDA: No transfer when even permissive possession was not given

Shri A. R. Prasad Vs ITO (ITAT Bangalore)

Shri A. R. Prasad Vs ITO (ITAT Bangalore) When we compare the terms of possession in the said case as per Para 4 of the tribunal order reproduced above and the terms of JDA in the present case as reproduced above, we find that in both cases, the possession is handed over to the builder […]...

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100% of Bogus Purchase cannot be disallowed as Sales are linked with Purchases

ACIT Vs Rashmikant V. Shah (ITAT Mumbai)

The issue under consideration is whether the CIT is correct in restricting the disallowance u/s 69C against bogus purchase at rate of 12.5% of the bogus purchases?...

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Posted Under: Fema / RBI |

Guide on issuing NCDs by Private Placement

Article covers Compliance related to issue of Non - Convertible Debentures (NCD) by Private Placement which includes procedures, Post issuance Compliances etc. under Companies Act, 2013 and SEBI (Listing Obligation and Disclosures Requirements) Regulations, 2018....

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Posted Under: Fema / RBI |

Risk Management Committee

Risk Management Committee is the committee formed by board of directors to oversee the risk management policy and global risk management framework of the business....

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Posted Under: Fema / RBI |

Moratorium accounts not to be declared as NPA until further notice: SC

Moratorium accounts not to be declared as NPA until further notice: Order by Apex Court on September 03, 2020 & September 10, 2020 The apex court heard petition of borrowers on September 03, 2020 seeking interest waiver on loan moratorium granted previously by Reserve Bank of India (“RBI”). In the backdrop of COVID-19, banks had [...

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Posted Under: Fema / RBI |

“Risks” As in Internal Audit

Risk-based internal audit is an internal methodology which is primarily focused on the inherent risks involved in the activities or system and provide assurance that risk is being managed by the management within the defined risk appetite level. Risk is defined as ‘the possibility of an event occurring that will have an impact on th...

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Posted Under: Fema / RBI |

Not to declare petitioner as NPA till Further Order: SC

Gajendra Sharma Vs Union of India (Supreme Court)

Gajendra Sharma Vs Union of India (Supreme Court ) The issue under consideration is whether the interest will be charged on loan during moratorium period which is declared by RBI due to COVID-19? As per RBI’s circular dated 27th March, 2020 the RBI has extended the moratorium period from June 01 to 31st August, 2020 […]...

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SC Sustains Imposition of Restrictions on Import of Peas & Pulses

Union of India Vs Agricas LLP and Others etc. (Supreme Court of India)

Union of India Vs Agricas LLP and Others etc. (Supreme Court) In the instant case, the Writ Petition is filed by challenging the imposition of restrictions on import of Peas and pulses. As per petitioner, the notifications issued by the DGFT had the effect of modifying or amending the EXIM policy as the specified items […]...

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Notification No. 44/2020-Customs (N.T./CAA/DRI), Dated:14.09.2020

Notification No. 44/2020-Customs (N.T./CAA/DRI) [S.O. 3169(E)] (14/09/2020)

Notification No. 44/2020-Customs (N.T./CAA/DRI), Dated:14.09.2020- Appointment of Common Adjudicating Authority MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) (DIRECTORATE OF REVENUE INTELLIGENCE) Notification No. 44/2020-Customs (N.T./CAA/DRI) New Delhi, the 14th September, 2020 S.O. 3169(E).—...

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EPFO: Attachment of bank accounts for enforcing appearance

File No: LC 4(42) 2020/ E- 26035/794 (14/09/2020)

Instances have been noticed in which the officers conducting inquiries u/s 7A have issued orders to attach/freeze bank accounts of the establishments/ personal accounts of the employers for alleged non-appearance in such inquiries. Such practices have attracted a lot of adverse observations from Constitutional Courts and other quarters....

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Two major enhancements on GST portal to make monthly return filing easier

Two major enhancements on GST portal to make monthly return filing easier – GSTN deployed two major functionalities in view of the simplifying GSTR-3B filing – System will compute liability and Input tax credit availability for the filer – 1.03 crore normal taxpayers are required to file monthly tax return, GSTR-3B New D...

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Posted Under: Fema / RBI |

T. R. Ramnani appointed as member of Advance Ruling Authority, Maharashtra

No. GST.1020/C.R.84/Taxation-1 (14/09/2020)

Shri. T. R. Ramnani has been appointed as member of Advance Ruling Authority in place of Shri. A. A. Chahure. FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 14th September 2020. NOTIFICATION MAHARASHTRA GOODS AND SERVICES TAX ACT, 2017. No. GST.1020/C.R.84/Taxation-1.— In exercise of the...

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Turant Customs – All India roll-out of Faceless Assessment

Standing Order No. 31/2020-JNCH (14/09/2020)

Identification of Customs site performing Faceless Assessment within each Zone of a National Assessment Centre (NAC) :- Board has decided to constitute total eleven (11) National Assessment Centres (NACs) for performing Faceless Assessment....

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ICAI – Clear Assessment if applying for membership after 3 years

Notification No.1-CA(7)/195/2020 (14/09/2020)

ICAI proposes following Draft Regulations which provides that A Chartered Accountants has to appear and pass the Assessment if applying for membership after 3 years of clearing CA Finals or Members who have not renewed their membership for 3 years....

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4 important Videos on GST Credit & RCM liability

Videos on multiple topics of Outward supply and GST ITC for preparation & hand holding of GSTR 9/GSTR 9C for FY 2018-19.  These videos are very important for basic understanding of taxpayers, professionals, etc. Speaker in the all the Videos is Learned CA Bimal Jain. Videos are on following for Topics- 1. Reconciliation of GST [&hell...

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Posted Under: Fema / RBI |

Will Equity Support Grant is considered as subsidy in case of construction contract ???

A subsidy is an incentive given by the government to individuals or businesses in the form of cash, grants, or tax breaks that improve the supply of certain Goods and Services. With subsidies, consumers are able to access cheaper products and commodities. Markets that have positive externalities, which are extra benefits to society, tend ...

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Posted Under: Fema / RBI |

4 Representations by ICAI to GST Council on 10th Sep 2020

The Indirect Tax Committee of ICAI  have made following 4 representations to GST council on 10 September 2020 which relates to request for Extension of due date of Annual Returns in GSTR-9/GSTR-9A and GSTR-9C for the year 2018-19 by 3 months to December 31, 2020, request to  Permit availment of input tax credit under GST […]...

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Posted Under: Fema / RBI | ,

ITC cannot be denied for charge by seller at Higher than specified rate

Visteon Automotive Systems Pvt. Ltd. Vs Deputy Commissioner (CT) (Madras High Court)

The issue under consideration is whether the respondent was justified in directing the petitioner to reverse the input tax credit availed on capital goods in excess of 4% vide the impugned order?...

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Indian economy: Pradhan Mantri Matsya Sampada Yojana

Fisheries and aquaculture are an important sources of food, nutrition, employment, and income in India. The sector provides livelihood to about 16 million fishers and fish farmers at the primary level and almost twice the number along the value chain. Looking at its potential and necessity to utilize for economic growth, Pradhan Mantri Ma...

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Posted Under: Fema / RBI |

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