Direct & Indirect Taxes Updates- July 2020

DIRECT TAXES UPDATES

Recent circulars/ notifications/ rules/ clarifications/News

♦ CBDT extends due date for Income Tax Returns for FY 2018-19 from 31^st July 2020 to 30^th September 2020 (Notification no. 56/2020 dated 29th July 2020).

♦ CMDT amends rule 31a and form 26Q from 3rd July 2020 w.r.t. providing certain information related to cash withdrawals under section 194N in form no. 26Q mandatorily. It also mandates that details of interest liable to TDS (sec 194A), even where tax has not been deducted or deducted at lower rate (Notification no. 43/2020 dated 3^rd July 2020)

♦ CBDT clarifies on validity of Section 194N exemptions i.e. shall be deemed to be issued under fourth proviso to Section 194N as amended by FA 2020 (Circular 14/2020 dated 20/07/2020)

♦ CBDT has given 1 time relaxation for verification of last 5 years “E-filed” income Tax returns i.e. for AY 2015-16 to 2019-20- time provided upto 30^th September 2020 (Circular no. 13/2020 dated 13/07/2020)

♦ CBDT notifies / amends rule for furnishing party wise break up of TCS (Notification no. 54/2020 dated 24th July 2020).

Income Tax Compliance calendar – August 2020

Things to remember
Due Date	Particulars
7th August 2020	Due date for deposit of Tax deducted/collected for the month of July, 2020. However, all sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan
14th August 2020	Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of June, 2020 Due date for issue of TDS Certificate for tax deducted under Section 194-IB in the month of June, 2020 Due date for issue of TDS Certificate for tax deducted under Section 194M in the month of June, 2020
15th August 2020	Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of July, 2020 has been paid without the production of a challan ​Due date for furnishing statement in Form no. 3BB by a stock exchange in respect of transactions in which client codes been modified after registering in the system for the month of July, 2020 Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending June 30, 2020 Certificate of tax deducted at source to employees in respect of salary paid and tax deducted during Financial Year 2019-20. The due date for issuing certificate has been extended from June 15, 2020 to August 15, 2020 vide the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 read with Notification No. 35 /2020, dated 24-06-2020.
30th August 2020	Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA for the month of July, 2020 ​Due date for furnishing of challan-cum-statement in respect of tax deducted under Section 194-IB in the month of July, 2020 ​Due date for furnishing of challan-cum-statement in respect of tax deducted under Section 194M in the month of July, 2020

Important cases decided

♦ Rectification u/s 154 can be exercised only if their is mistake apparent from records i.e. a matter which is incapable of any argument or debate (JMD auto Pvt Ltd vs ACIT)

♦ Section 11 exemption cannot be denied merely because income is exempt from Principles of mutuality (Confederation of Indian Textile Industry vs ITO)

♦ Disallowance for depreciation on Brand License fees is unjustified (Star India (P) Ltd vs ACIT)

♦ Stay of Demand extended by ITAT in case where delay was not attributable to Assessee (Infosys Ltd Vs ACIT)

♦ Ex-parte order for non – attendance during lockdown is unjustified (Uttar Pradesh Water Supply and Sanitation Mission vs ACIT)

♦ MD fined and Sentenced for TDS default of concerned company – Due to non-deposit of deducted TDS on time- Fine of Rs. 5000 & Imprisonment of 3 months (Suryodaya Infrastructure (P) Ltd vs ITO)

♦ Withholding of refund for non-completion of assessment is invalid (Cooner institute of Health care and Research Centre (P) Ltd vs ITO)

♦ Mere expense on electricity and water bills wont covert the status of plot to residential for claiming exemption u/s 54 of Income Tax Act (Shri Shailesh Kumar Chaturvedi vs ITO)

♦ TDS u/s 194C is applicable on payment made for advertisement expenses. In case of non deduction, disallowance is made u/s 40(a)(ia) (Mehra Eyetech (P) Ltd. Vs Add. CIT)

INDIRECT TAXES UPDATES

GST

GST Compliance Calendar – Returns to be filed in the M/O August 2020

GST Return Form Name	Filing Period	Due Dates in August 2020
GSTR 01 (T.O. up to 1.5 Crore)	Quarterly (April – June 2020)	03rd August
GSTR 01 (T.O. more than 1.5 Crore)	Monthly (June 2020)	05th August
GSTR 5A	Monthly (June)	20th August
GSTR 04	FY 2019-20	31st August
GSTR 05	Monthly (March 2020 to July 2020)	31st August
GSTR 06	Monthly (March 2020 to July 2020 )	31st August
GSTR 07	Monthly (March 2020 to July 2020)	31st August
GSTR 08	Monthly (March 2020 to July 2020)	31st August
GSTR-1	July’2020	11th August
GSTR 3B	July ‘2020	20th August
ITC-04	April to June 2020	31st August

Nil GSTR-1 can be filed through short   message service (SMS) from 01-07-2020: Form GSTR-1, relating to outward supplies, for a   month having nil or no entry in all the Tables can   be filed through a SMS using the registered mobile number. As per new Rule 67A of the Central Goods and Services Tax Rules, 2017, which is effective from 01-07-2020, the said form having details of outward supplies can be verified by a registered mobile number based One Time Password facility. It may be noted that Form GSTR-3B can also be filed through SMS and the provisions relating to the latter were made effective from 08-06-2020. (Notification No. 58/2020-Central Tax, dated 01-07-2020)

Due date for filing FORM GSTR-4 for financial year 2019-2020 has been extended to 31^st Day of August, 2020” – Earlier date of filing was “15th day of July, 2020” .(Notification No. 59/2020-Central Tax, dated 13-07-2020)

Cases Law

TRAN-1 – Rule 117 of CGST Rules is not ultra vires Section 140 of CGST Act – Time limit provided therein is mandatory:  [P.R. Mani Electronics v. Union of India & Ors. Judgment dated 13-07-2020 in WP. No. 8890 of 2020 and WMP No. 10803 of 2020, Madras High Court]

ITC available on steel structures used to install water slides:  (Atriwal Amusement Park – 2020 VIL 218 AAR)

ITC not available on lift installed in hotel intended for providing taxable service:  (Jabalpur Hotels Private Limited – 2020 VIL 220 AAR)

Value of HSD supplied free of cost by service recipient, includible in value of supply:  (Pulluri Mining & Logistics Private Limited – 2020 VIL 198 AAR)

Membership/subscription fees and admission fees collected by a club from members when not ‘supply’: (Rotary Club of Mumbai Queens Necklace – 2020 VIL 38 AAAR)

Customs

Contactless Customs – Turant Suvidha Kendra and other initiatives by Customs: CBIC has extended the facility of Turant Suvidha Kendras to all the Customs formations for carrying out various functions as specified in its Circular dated 05-06-2020 issued earlier to provide for setting up of such Kendras in Bengaluru and Chennai for the purpose of implementation of 1st phase of Faceless Assessment. Further, CBIC has enabled, w.e.f 06-07-2020, certain functionalities in ICEGATE which would reduce the need for physical interaction between Customs and trade and also speed up the Customs clearance process. the new facilities will allow registration of Authorised Dealer Code and Bank Accounts through ICEGATE, automated debit of bond after assessment, and  simplified registration of importers/exporters in ICEGATE. (Circular No. 32/2020-Customs, dated 06-07- 2020)

All Industry Rates of Duty Drawback – Changes effective from 15-07-2020: Ministry of Finance has made certain changes in the All Industry Rates (“AIRs”) of Duty Drawback which are effective from 15-07-2020. As per CBIC Circular No. 33/2020-Cus., dated 15-07-2020 while AIRs/caps of duty drawback have been enhanced for certain footwear items made of leather covered under Chapter 64 and gold jewellery covered under Chapter 71, rates of drawback have been rationalised for silver jewellery/articles covered under Chapter 71. Further, description of TIs 870301, 870303, 870305 and 870307 pertaining to motor cars of various engine capacities with Manual Transmission (“MT”) has been changed. Accordingly, the change in description will allow motor cars with Automated Manual Transmission (“AMT”) to claim the same AIRs of duty drawback as given to motor cars with MT. (Notification No. 56/2020-Cus. (N.T.), dated 13-07-2020)

Personal protection equipment (PPE) and masks – Export Policy revised: The export of the following types of personal protection equipment (PPEs), either as part of kits or individual items, falling under ITC HS Codes 901850, 901890, 9020, 392690, 621790 and 630790, is prohibited:

• Medical coveralls of all classes/categories, Medical goggles,
• All masks other than non-medical/non-surgical-masks (cotton, silk, wool, polyester, nylon, rayon, viscose – knitted, woven or blended).
• Nitrile/NBR Gloves, Face Shield

It may be noted that though the above-mentioned prohibitions were introduced by Notification No. 14/2015-2020, dated 22-06-2020, Notification No. 20/2015-20, dated 21-07-2020 removes from prohibition surgical drapes, isolation aprons, surgical wraps and X-Ray gowns under the medical coveralls of all classes and categories. It may be noted that export of PPE medical coveralls for COVID-19 was also made restricted (earlier prohibited) by Notification No. 16/2015-2020, dated 29-06-2020, with a monthly export quota of 50 Lakh PPE medical coveralls for COVID-19. Trade Notice No. 18/2020-21, dated 20-07-2020 lays down the procedure and criteria for submission and approval of applications for export of PPE medical coveralls for COVID-19.

Cases Law

Valuation – Import prices as per international journals on date of contract between related parties, acceptable: (Mosaic India Pvt. Ltd. v. Commissioner – 2020 TIOL 998-CESTAT AHMD)

Amendment is retrospective if it introduces anything omitted by mistake in original provision.  (Director General of Foreign Trade v. Ruis Cotex Ltd. – 2020 (6) TMI 500 – Calcutta High Court)

Excise & Service Tax

Multi-level car parking at airport is part of airport – Construction not liable under Works Contract service:  (GMR Projects Pvt. Limited v. Commissioner – Final Order No. 20363/2020, dated 17-06-2020, CESTAT Bengaluru)

Refund of duty paid by EOU on exports when rebate claim denied: (Leo Prime Comp Private Limited v. Deputy Commissioner – 2020 VIL 286 MAD CE)

CMA Rakesh Bhalla 9779010685 [email protected]

Information Source – M/s LKS, CBIC.gov.in., various internet websites including Income tax website, Dailyhunt, Deloitte, livemint.com,  related links and various notifications, circulars, orders, press releases and other sources-many thanks to all.