Saturday, August 31, 2019

Last date for furnishing GSTR-7 for the month of July, 19 extended to 20.09.2019 in J&K and 58 flood affected districts

Last date for furnishing GSTR-7 for the month of July, 19 extended to 20.09.2019 in J&K and 58 flood affected districts

Notification No. 40/2019- Central Tax dated 31.08.2019 issued to extend the last date for furnishing GSTR-7 for the month of July, 2019 to 20.09.2019 in J&K and specified 58 flood affected districts of 7 States.

Notification is given below for referance:

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)

NOTIFICATION

New Delhi, the 31st August, 2019

No. 40/2019 – Central Tax

G.S.R. 617(E).— In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Commissioner hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance, Department of Revenue No. 26/2019-Central Tax, dated the 28th June, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 452(E), dated the 28th June, 2019, namely: –

In the said notification, after the portion beginning with the words “except as respects things done” and ending with the words, figures and letters “for the months of October, 2018 to July, 2019 till the 31st day of August, 2019”, the following provisos shall be inserted, namely: –

Table

Sl. No. Name of State Name of District
(1) (2) (3)
1. Bihar Araria, Kishanganj, Madhubani, East Champaran, Sitamarhi, Sheohar, Supaul, Darbhanga, Muzaffarpur, Saharsa, Katihar, Purnia, West Champaran.
2. Gujarat Vadodara.
3. Karnataka Bagalkot, Ballari, Belagavi, Chamarajanagar, Chikkamagalur, Dakshina Kannada, Davanagere, Dharwad, Gadag, Hassan, Haveri, Kalaburagi, Kodagu, Koppal, Mandya, Mysuru, Raichur,
Shivamogga, Udupi, Uttara Kannada, Vijayapura, Yadgir.
4. Kerala Idukki, Malappuram, Wayanad, Kozhikode.
5. Maharashtra Kolhapur, Sangli, Satara, Ratnagiri, Sindhudurg, Palghar, Nashik, Ahmednagar.
6. Odisha Balangir, Sonepur, Kalahandi, Nuapada, Koraput, Malkangiri, Rayagada, Nawarangpur.
7. Uttarakhand Uttarkashi and Chamoli:

Provided further that the return by a registered person, required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 of the Central Goods and Services Tax Rules, 2017 under sub-section (3) of section 39 of the said Act read with rule 66 of the Central Goods and Services Tax Rules, 2017, for the month of July, 2019, whose principal place of business is in the State of Jammu and Kashmir shall be furnished electronically through the common portal, on or before the 20th September, 2019.”.

[F. No. 20/06/07/2019-GST]

RUCHI BISHT, Under Secy.

Note : The principal notification No. 26/2019- Central Tax, dated the 28th June, 2019 was published in the Gazette of India, Extraordinary, vide number G.S.R. 452(E), dated the 28th June, 2019.

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GSTR-1 and GSTR-6 late fees for the month of July 19 waived for J&K & 58 flood affected districts

GSTR-1 and GSTR-6 late fees for the month of July 19 waived for J&K & 58 flood affected districts

Notification No. 41/2019- Central Tax dated 31.08.2019 issued to waive the late fees for the month of July, 2019 for FORM GSTR-1 and GSTR-6 to be filed by taxpayers in J&K and 58 flood affected districts across 7 States provided the said returns are furnished by 20.09.2019.

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)

NOTIFICATION

New Delhi, the 31st August, 2019

No. 40/2019 – Central Tax

G.S.R. 617(E).— In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Commissioner hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance, Department of Revenue No. 26/2019-Central Tax, dated the 28th June, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 452(E), dated the 28th June, 2019, namely: –

In the said notification, after the portion beginning with the words “except as respects things done” and ending with the words, figures and letters “for the months of October, 2018 to July, 2019 till the 31st day of August, 2019”, the following provisos shall be inserted, namely: –

“Provided that the return by a registered person, required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 of the Central Goods and Services Tax Rules, 2017 under sub-section (3) of section 39 of the said Act read with rule 66 of the Central Goods and Services Tax Rules, 2017, for the month of July, 2019, whose principal place of business is in the district mentioned in column (3) of the Table below, of the State as mentioned in column (2) of the said Table, shall be furnished electronically through the common portal, on or before the 20th September, 2019:–

Table

Sl. No. Name of State Name of District
(1) (2) (3)
1. Bihar Araria, Kishanganj, Madhubani, East Champaran, Sitamarhi, Sheohar, Supaul, Darbhanga, Muzaffarpur, Saharsa, Katihar, Purnia, West Champaran.
2. Gujarat Vadodara.
3. Karnataka Bagalkot, Ballari, Belagavi, Chamarajanagar, Chikkamagalur, Dakshina Kannada, Davanagere, Dharwad, Gadag, Hassan, Haveri, Kalaburagi, Kodagu, Koppal, Mandya, Mysuru, Raichur,
Shivamogga, Udupi, Uttara Kannada, Vijayapura, Yadgir.
4. Kerala Idukki, Malappuram, Wayanad, Kozhikode.
5. Maharashtra Kolhapur, Sangli, Satara, Ratnagiri, Sindhudurg, Palghar, Nashik, Ahmednagar.
6. Odisha Balangir, Sonepur, Kalahandi, Nuapada, Koraput, Malkangiri, Rayagada, Nawarangpur.
7. Uttarakhand Uttarkashi and Chamoli:

Provided further that the return by a registered person, required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 of the Central Goods and Services Tax Rules, 2017 under sub-section (3) of section 39 of the said Act read with rule 66 of the Central Goods and Services Tax Rules, 2017, for the month of July, 2019, whose principal place of business is in the State of Jammu and Kashmir shall be furnished electronically through the common portal, on or before the 20th September, 2019.”.

[F. No. 20/06/07/2019-GST]

RUCHI BISHT, Under Secy.

Note : The principal notification No. 26/2019- Central Tax, dated the 28th June, 2019 was published in the Gazette of India, Extraordinary, vide number G.S.R. 452(E), dated the 28th June, 2019.

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No need to furnish FORM ITC-04 for the period July 2017-March 2019

No need to furnish FORM ITC-04 for the period July 2017-March 2019

Notification 38/2019-CT dated 31.08.2019 has been issued by GOM waiving requirement to furnish declaration in FORM ITC-04 for the period July, 2017-March 2018 and FY 2018-19.

Notification is given below for reference:

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)

NOTIFICATION

New Delhi, the 31st August, 2019

No. 38/2019–Central Tax

G.S.R. 615(E).—In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Central Government, on the recommendations of the Council, hereby notifies the registered persons required to furnish the details of challans in FORM ITC-04 under sub-rule (3) of rule 45 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), read with section 143 of the said Act, as the class of registered
persons who shall follow the special procedure such that the said persons shall not be required to furnish FORM ITC-04 under sub-rule (3) of rule 45 of the said rules for the period July, 2017 to March, 2019:

Provided that the said persons shall furnish the details of all the challans in respect of goods dispatched to a job worker in the period July, 2017 to March, 2019 but not received from a job worker or not supplied from the place of business of the job worker as on the 31st March, 2019, in serial number 4 of FORM ITC-04 for the quarter April-June, 2019.

[F. No. 20/06/09/2019-GST]

RUCHI BISHT, Under Secy.

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Requirement to furnish declaration in FORM ITC-04 for the period July, 2017-March 2018 waived

ICAI president’s message

ICAI president’s message

My dear Professional Colleagues,

While our Government has always been ready to take up all possible dynamic, innovative and futuristic measures to boost our national economy in the best interests of our nation, we Chartered Accountants are also equally committed towards our nation. We constantly keep playing on priority the desired role of partnersin- nation-building as well as contributing to the economic health of our nation. ICAI past President CA. C. P. Mukherjee had proclaimed in 1961: The state of the national economy is of special interest to the Chartered Accountant. The fortunes of his clients are closely connected with the level of economic activity.

Whatever we decide to do in life, our sincerity and dedication towards our chosen profession is what makes us stand out from others, since we Chartered Accountants would never avoid our foundations in integrity and accountability. I sincerely believe that CA professionals will keep on discharging their professional obligations with absolute diligence, pushing forward the economic agenda of our nation and playing the role of both saints and sages of the Indian economy. Realising its responsibility to contribute to the growth of Jammu & Kashmir and Ladakh, ICAI has recently decided to open its Representative Office covering the two jurisdictions, which will be our tool for social empowerment since this will facilitate in spreading awareness about the CA Course.

What the then ICAI President CA. M. P. Chitale had said in 1966, still holds true and pertinent: We, Chartered Accountants, should be on the front in this plan of economic independence. After all, measurement of productivity and profitability and increasing the efficiency of organisation through improved accounting techniques is pre-eminently the task of Chartered Accountants…the strength of a profession does not depend on mere expertise, or skill, or technical competence of its members…Prestige and dignity of the profession is determined by the restless urge of its members, by their will to apply their knowledge and experience in solution of current social and economic problems. As members of the CA community, we will remain guided by this wisdom.

Now let me bring some of the most important professional developments that have taken place in the last one month:

We Lost a True Friend, Philosopher and Guide in Shri Arun Jaitley

An icon of Indian polity and former Union Finance and Corporate Affairs Minister Shri Arun Jaitley left us for heavenly abode on 24th August 2019, and in him ICAI has lost a true friend, philosopher and guide. Being a proponent of ICAI’s integral and enabling role in national economy, Shri Jaitley had always been supportive of our endeavours. He had extensively shared our platform on a number of occasions offering his guidance and vision. With his untimely demise, a void has been created which is hard to fill. On behalf of Indian accountancy profession, I pay my heartfelt tribute to the great leader and pray that the noble soul rests in peace.

New Government nominee from MCA

I am delighted to inform that the Ministry of Corporate Affairs has communicated us about the nomination of MCA Joint Secretary Shri Manoj Pandey on the ICAI Council for the current term succeeding Shri Anurag Agarwal, previous Joint Secretary of MCA. We welcome Shri Manoj Pandey and are confident that the Council will benefit from his rich experience and valuable insight. On behalf of the Council, I also wish to place on record our sincere appreciations and gratitude for the constant support and guidance that we received from Shri Anurag Agarwal in the matters of Council, especially relating to the GST Account Assistant Scheme.

ICAI International Conference in December 2019

I am glad to inform that we have decided to hold the next International Conference of ICAI on Accountancy Profession: Catalysing Reforms, Creating Values, on 6th- 7th December 2019 in Mumbai. It may appear premature, but I would request all my professional colleagues to block these dates now and plan their visit to Mumbai to actively participate in the Conference and make that a grand success.

Management Development Programme for Newly-Qualified CAs

CAI in collaboration with Manipal Global Education has developed a customised 23-day residential Management Development Programme which is being organised from 22nd August – 13th September 2019, to ensure professional grooming of the rank-holders and develop various managerial and leadership skills in them. This will be followed by a Special Placement Programme for the participants of this programme, in which reputed organisations would participate in addition to regular campus. I request my professional colleagues to help me in popularising the programme.

As part of the 50th Campus Placement programme, interviews have been scheduled in September-October 2019 in 18 cities across the country. To prepare the newlyqualified CAs for their employment, mock interviews and group discussions have also been scheduled on 3rd- 7th September 2019 in those cities.

Concerns Submitted to Union Finance Minister regarding Definition of Accountant in Income-tax Act, 1961

Recently, the Institute of Cost Accountants of India and the Institute of Company Secretaries of India have submitted representations to the Government requesting for an amendment in the definition of term ‘Accountant’ in the Explanation to Section 288(2) of the Income-tax Act, 1961. Taking note of this development, we have submitted our detailed concerns in respect of the same to the Union Finance Minister vide separate letters. We have mentioned that the role of an “accountant” as defined under section 288 should continue to be restricted exclusively to chartered accountants in practice, who alone possess the requisite professional competence to perform the said role efficiently and effectively.

ICAI Initiatives Appreciated at SAFA

As you may be aware, appreciating the Unique Document Identification Number (UDIN) initiative that ICAI has introduced to safeguard its members from misrepresentation by miscreants vis-à-vis the attestation of financial documents/ certificates, SAFA has formed a taskforce to implement the UDIN in SAFA member bodies. First meeting of this taskforce was held in Colombo where my Council colleague CA. Ranjeet Kumar Agarwal gave a detailed presentation on UDIN as Chairman of the taskforce. I am pleased to inform that ICA Bangladesh, ICA Pakistan & ICA Nepal have requested for the technical assistance of ICAI to implement UDIN in their respective member bodies. As on date more than 25 lakh UDINs have already been generated.

In the SAFA Board Meeting held in Colombo, ICAI Vice President CA Atul Kumar Gupta gave a presentation on ICAI e-Learning Platform and informed that SAFA’s request has been accepted and the members in good standing of the SAFA Member Bodies would be offered the portal at a token fee of USD 1 per annum, against the normal fee of USD 200 per annum. SAFA Board has appreciated the ICAI’s gesture. It has been decided to form a Committee on Information Technology under the Chairmanship of ICAI which will address the impact of technological advancement on the accountancy profession.

Renewal of MRA between ICAI & CPA Australia
As qualification reciprocity arrangement between ICAI and CPA Australia regarding qualification expires in the coming month, it is satisfying to inform that a delegation from CPA Australia had visited ICAI proposing to renew the agreement on the existing terms.

Developments in GST

e-Invoice under GST: GST Council has decided to introduce electronic invoice on voluntary basis from January 2020. In this regard based on the request received, ICAI has supported the Goods and Services Tax Network (GSTN) in drafting an e-invoice template, which also takes into account the requirement of tax laws, having the features required for international trade. 

Survey on GST Implementation in India: It has been two years since the most ambitious taxation reform, i.e. GST, was implemented in India. After the initial hiccup, the industries have started showing the signs of stabilization. Therefore, it has been deemed fit to conduct a survey on the entire gamut of GST to assess the achievement, glitches and areas that needs attention for going forward. I request my professional colleagues to give their feedback, since this would help in making the GST system a more robust, simple, fair and transparent law that would improve the ease of doing business and facilitate trade. 

Representation for extending date for filing GST Annual Return and Audit: ICAI had submitted a representation to the Government on 21st August 2019 to extend the due date of filing GST annual return and audit by three months, i.e. till November 2019, since the taxpayers were facing difficulties in filing the same. I am happy to inform that the last date for furnishing the annual return has been extended to 30th November 2019.

Building and Strengthening Ties

Regional Meet of Members in Public Service: I am happy to inform that we recently organised a regional meet of our members in Public Service in New Delhi, with an objective to enable an interface between ICAI and them, and to attain the leverage of their vision and insight in enhancing our professional efficacy and explore avenues and opportunities for our members. The views exchanged during the regional meet will help us to further strengthen the image of accountancy profession. 

Meeting with officials of NABARD & IBA: Recently my Central Council Colleagues CA. Jay Chhaira and CA. Prakash Sharma had meetings with the officials of NABARD and IBA. In NABARD, the issues relating to the fee revision of the Audit Fee of RRBs, concerns relating to audit, inspection report, LFAR and auditors’ qualification and adherence to Accounting Standards etc. were discussed. 

With IBA, ICAI will be presenting a demonstration to all the banks on the Software developed by ICAI for the selection and allotment of Bank Branch Auditors to create awareness so that maximum banks may use the software for selection and allotment.

Understanding and e-filing Income Tax Return Forms

As it is known, the Income-tax Department had made significant changes in the ITR forms applicable for the AY 2019-20. To facilitate our members in discharging their professional duties in more effective manner, ICAI had organised a webcast on Understanding and e-filing Income Tax Return Forms in July 2019, which was addressed by the officials of CBDT. Arising from the deliberations over the webcast, CBDT issued a clarification in the form of FAQs in respect of various issues in filing of ITR forms for AY 2019-20; FAQs are based on the queries raised by our members during the webcast. CBDT has also issued a comprehensive checklist (instructions) to assist the taxpayers in submitting the ITR Form No. 7.

Representation in E-Assessments Set Up by CBDT

While the Government is committed to introduce faceless assessments, Union Finance Minister, including the Prime Minister too, has repeatedly highlighted this as the biggest procedural reform in their addresses to various industry associations. CBDT has set up a committee to evaluate the Data Structure and Modalities of Upload of Data for E-Assessments. My Council colleague CA. N. C. Hegde has been invited to be part of that Committee. Direct Tax Committee of the Institute will be proactively providing comments on the E-Assessments.

ICAI Awards for Excellence in Financial Reporting for the Year 2018-19

Continuing with the tradition of bringing out the Awards for Excellence in Financial Reporting since last five decades, Research Committee of ICAI has announced the annual completion for the year 2018-19 and the last for applying for the said competition is September 30, 2019. The other details are available on the website of the Institute www.icai.org. Members may bring this to the notice of the Corporates with which they are associated/ working so that more and more companies can participate.

Results of Examinations Declared

Results of CA Final Examination (Old & New Syllabus), Intermediate Examination (Old & New Course), and Foundation Examination held in May 2019 have been declared. 

I congratulate Mr. Ajay Agarwal from Kotputli (Rajasthan) and Mr. Nayan Goyal from Bhopal for achieving first rank in the Final Examinations Old and New Course respectively held in May 2019. I also congratulate Mr. Abhinav Prakash Mishra from Kolkata and Mr. Shripal P. Doshi from Mumbai for sharing the first rank in the Intermediate (Old) Examinations, and to Mr. Akshat Goyal from Jaipur for achieving the first rank in the Intermediate (New) Examinations. Also, Mr. Rajat Sachin Rathi from Pune has achieved the first rank in the Foundation Examinations held in May 2019. 

While I congratulate all successful candidates and wish them my best wishes for a bright future ahead, I would advise all those who could not succeed to continue to work hard and come back again. I am sure they will eventually succeed in their efforts.

Technology, a mandatory know-how of our times, makes us all-time approachable and responsive. Here I have a suggestion for my professional colleagues that though use of technology is inevitable, due care must be taken while making use of it. With the growing use of technology in all spheres of life, experts warn us that we are battling an attention economy, where companies are successfully racing to grab the consumers’ attention. So, the result is: more than one fourth of smartphone users are always online, without even receiving any alerts. With this, we are losing out on the most valuable asset of our life, and that is time. This is just an example. Let us get on to the right perspective of our life. We just require time to introspect and analyse our experiences and then integrate the learning outcome with our vision for success in life. 

I would like to quote the ICAI past President CA. Rameshwar Thakur: Honesty and integrity should be your watchwords. You should bear yourselves with self-respect and dignity. The path you have to tread may be very hard and beset with difficulties and temptations but if you closely follow my advice unswervingly, I have no doubt that you would emerge successful. By mere joining the CA profession, we have taken a step forward in the direction of conscientiousness and benevolence and a satisfying professional life. Our noble CA profession has always been a congregation of partners-in-nation-building. Let us understand our responsibility and contribute to the economic health of our nation for which the CA profession stands and exists. 

Before I conclude, I would like to extend my best wishes to all on Vinayak or Ganesh Chaturthi, Onam, and Paryushan Parv. Let us celebrate our festivals together with joy. 

Best wishes,


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Interest/late fees for services of pre-GST era, received after 1st July 2017, are liable to GST

Interest/late fees for services of pre-GST era, received after 1st July 2017, are liable to GST

Synopsis: The AAR, Tamil Nadu in the case of M/s Chennai Port Trust has held that the amounts received on or after July 1, 2017 towards interest, late fees, penalty relating to services of lease/rent, due to delayed payment of consideration for those services rendered by Applicant before July 1, 2017, are liable to GST.

Facts:

M/s Chennai Port Trust (“the Applicant”) is engaged in supply of port services and incidental supply of goods like disposal of discarded assets.The Applicant is functioning under the administrative control and supervision of Ministry of shipping of Government of India.

In quite a few cases, the Applicant has raised invoices during Service Tax regime and paid the Service Tax as per the then existed Point of Taxation Rules (“POT Rules”), but they are receiving interest, late fee, penalty in the GST regime for the reason that consideration for such services are received belatedly.

Issue involved:

Whether the amount received on or after July 1, 2017 towards interest, late fee penalty relating to the services other than continuous supply of services rendered by the Applicant before July 1, 2017 are liable to GST?

Held:

The Hon’ble Authority of Advance Ruling (AAR), Tamil Nadu, while observing Section 1(3), Section 7(1)(a) and Section 13 of the CGST Act, 2017 (“CGST Act”) and the Tamil Nadu Goods and Services Tax Act, 2017 (“TNGST Act”), vide Order No. 35/AAR/2019 dated July 26, 2019 held as under:

  • From July 1, 2017 onwards, the liability to pay GST on supply of services is determined by the time of supply provisions in Section 13 of CGST Act and TNGST Act.
  • The invoices for the supply of services have been issued before July 1, 2017, but the payment of the consideration was received late. Hence, the date of issue of invoice which is earlier is the time of supply as per Section 13(2) (a) of CGST and TNGST Act. In this case, the time of supply would be before July 1, 2017, and accordingly the supply of original service of leasing/renting is not covered under GST.
  • However, the amount of interest/ late fee/ penalty for the delayed payment of consideration for the original service, is received after July 1, 2017 and separate invoices viz. Rent Claim Advance (RCA) Receipt are raised by the Applicant, both only after July 1, 2017.
  • There is a payment of a separate consideration for this tolerance of delayed payment of lease/rent. This payment is a part of the contract for supply of services of the Applicant to the port user in the course of their business.
  • It can be said that as the Applicant has tolerated the delayed payment of consideration of lease/rent which the recipients should have paid much before, therefore, this tolerance on the part of the Applicant for the delayed payment of lease/rent by collecting an interest/late fee/penalty is a separate supply of service as covered under Section 7(1)(a) of the of CGST Act and TNGST Act.
  • Accordingly, the time of supply for this supply will be determined by Section 13(2) of CGST Act and TNGST Act depending on the facts in each case. In any case, it would be after July 1, 2017 and hence, this supply is liable to GST.
Citation: Click here to download the order

Our Comments: It is worthwhile to note here that under the erstwhile provisions of Service Tax era, Rule 6 of the Service Tax (Determination of Value) Rules, 2006, specifically excluded the interest on delayed payment of any consideration for the provision of services, from the value of taxable services. In other words, no Service Tax was leviable on interest for delayed payment of consideration.

On the contrary, Section 15(2)(d) of the CGST Act, categorically provides that the value of supply in GST shall include interest or late fee or penalty for delayed payment of any consideration for any supply. Further, as per Section 12(6) and Section 13(6) of the CGST Act,the time of supply, to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration, shall be the date on which the supplier receives such addition in value.

Considering the above conflicting provisions under pre-GST and GST regime, an important question arises as to whether a levy which was not there at the time of provision of services, can be charged in the guise of provisions of new law, merely because the point of collection of that amount falls after implementation of new law?

Though the above advance ruling has considered such interest for delayed payment of consideration as a separate consideration for tolerance of act in GST, but one can vehemently argue to say that such interest is merely an additional consideration for the services which were rendered in pre-GST era, when its taxability did not exist. Reference here can be drawn from the decision of the Hon’ble Supreme Court in the case of Collector of C. Ex., Hyderabad vs Vazir Sultan Tobacco Co. Ltd. [1996 (83) E.L.T. 3 (S.C.)], wherein the Apex Court set aside levy of Excise duty on goods which were manufactured prior to levy of Excise Duty but, cleared thereafter.

Even, as per the transitional provisions under Section 142(11)(b) of the CGST Act, “notwithstanding anything contained in section 13, no tax shall be payable on services under this Act to the extent the tax was leviable on the said services under Chapter V of the Finance Act, 1994”. Thus, ideally, such interest for delayed payment of consideration forms part of services which were rendered prior to GST and were leviable to tax under the provisions of the Finance Act, 1994. Hence, liability of GST must not be fastened on the same, merely because its collection has happened in GST regime.

At the same time, the pretext of above advance ruling cannot be negated completely, more so in the light of provisions of time of supply under Section 13(6) of the CGST Act, which prescribes receipt of such additional amount of interest as the point for levying GST. In nutshell, such issues are bound to suffer litigation in the absence of any clear provisions.

Relevant provisions:

Section 13 of CGST and TNGST Act

“(1) the liability to pay tax on services shall arise at the time of supply, as determined in accordance with the provisions of this section.

(2) The time of supply of services shall be the earliest of the following dates, namely:-

(a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or

(b) the date of provision of service, if the invoice is not issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or

(c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisions of clause (a) or clause (b) do not apply.

………….

(6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value.”

DISCLAIMER: The views expressed are strictly of the author and A2Z Taxcorp LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

Tags : invoice raised before gst and payment received after gst, interest on late payment of gst, pending service tax after gst, gst transitional provisions with examples, advance received before gst, applicability of tax on services provided before june 30, 2017 under gst, gst late fee calculator, transitional provisions under gst 2017

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Be Ready for 7 changes in income tax that will come into effect from Sept 1

Union Minister of Finance & Corporate Affairs Smt. Nirmala Sitharaman’s Presentation on amalgamation of National Banks

FAQ’s on Practical problems for filling Income Tax Returns

FAQ’s on Practical problems for filling Income Tax Returns

1. Deduction(s) u/c VI-A is not allowing?

Answer: Deduction u/c VI-A is not allowing may be because there is no Income being offered in the Return. Please fill some Income and then proceed to fill deduction(s) u/c VI-A, the same shall be allowed up to the maximum eligible amount.

2. Unable to fill the details in Schedule FA or Schedule FA is grayed out in ITR?

Answer: Select the appropriate option from the drop down in sheet Part B -TI-TTI at serial number 19 (Do you at any time during the previous year) select as “Yes” to proceed further.

3. Unable to claim benefits U/S 80 TTA/TTB not enabled in Chapter VI A?

Answer: The deduction u/s 80 TTA and 80 TTB will be applicable as per the DOB/Residential status entered in the Personal Information sheet. This deduction shall be allowed only if the income has been offered in “Interest from Savings Bank” or/and “Interest from Deposits (Bank/Post Office/Co-Operative Society) in Schedule OS in Return.

For more information refer to instructions for limits on Amount of Deductions as per ‘Income Tax Act’.

4. Taxpayer is Unable to claim benefits U/S 80 CCD (2)?

Answer: To claim the benefits u/s 80 CCD (2), kindly select the appropriate option in the utility under ‘PART (A) General Information/Personal Info tab > Select ‘Nature of employment’ in ITR1 & ITR4 and in Schedule Salary in ITR2 & ITR3 to proceed further. The deduction under this section shall be limited to 10% of “Net salary – Value of perquisites as per Section 17(2)”

5. Unable to upload XML file generated by using Excel software, error is reflecting as ‘Invalid XML Please generate XML again using the latest utility’?

Answer: Invalid XML error may arise due to the following reasons,

1. The taxpayer might have altered or edited the XML file generated from the ITR utility before uploading the same to the Portal.

2. The taxpayer might have generated the XML file from the older version of ITR utility.

3. In the case Excel utility, the PC used for generating the XML in which the .Net 3.5 frame work might have not installed or not enabled.

To install the .Net 3.5 Framework please visit the link provided (https://ift.tt/1TrqULM)

To enable .Net Framework

Go to Control Panel ⇒ Programs ⇒ Programs and Features ⇒ Turn Windows features on or off ⇒ Select the .NET Framework 3.5 (includes .NET 2.0 and 3.0) check box, select OK and Restart the System and the generate the XML afresh.

The XML file uploaded to the portal must be generated from the latest version of ITR utility available in the e-Filing Portal.

6. Unable to claim the whole donation amount claimed in ‘Donation in cash’ in 80G sec?

Answer: Deduction u/s 80G shall auto-populate from Schedule 80G provided in the utilities. To claim the same user needs to fill Schedule 80G.

Moreover the limit for Donations in Cash is Rs. 2000/- (Two thousand Rupees only), so if the amount in Donation in Cash exceeds Rs.2,000 the same is not eligible for deduction. If you have paid donations in other modes kindly enter the details in appropriate cells for claiming eligible amount of donation in returns of income for A.Y 2019-20.

7. Invalid Aadhaar OTP while entering to e-verify the income tax return?

Answer: You are requested to retry after sometime by generating the fresh Aadhaar OTP and proceed further.

Or Kindly contact the UIDAI Helpdesk at 1947 for Aadhaar OTP related issues.

Alternatively, you may e-Verify the income tax return through options given below:

Login to e-Filing through Net Banking

EVC through pre-validating Bank Account

EVC through pre-validating Demat Account

EVC through Bank ATM

For more information, kindly go through the HELP option provided in e-Filing website https://ift.tt/1dxxFKf.

Help> Taxpayer > e-Verification > e-Verification options.

8. Unable to open the EXCEL utility and buttons are not working?

Answer: Download the required form from e-Filing https://ift.tt/1dxxFKf Main Screen > Downloads >Offline Utilities > Click on Income Tax return Forms > Download the required form > extract the downloaded ITR in a folder > open the excel utility > enable protected view and macros button found on the top ribbon bar.

Note: Follow the given steps to enable the macros:

For MS-Office 2003

Go to Tools > Macros > Security >Select Low or Medium, save the excel-utility and re-open it.

For MS-Office 2007

Go to Excel Options > Trust Centre > Trust Centre Settings > Macro Settings > Enable all macros and Go to Excel Options > Trust Centre > Trust Centre Settings > ActiveX Settings > enable all controls without restriction and without prompting Save the excel-utility and re-open it.

For MS-Office 2010 and 2013

When you open the Excel Utility, the yellow Message Bar appears with a shield icon and the Enable Content button. Click on the Enable Content to enable the macros.

9. Unable to Link Aadhaar with PAN due to profile mismatch and unable to file the income tax return?

Answer : The mentioning the valid 12 digit Aadhaar number/ 28 digit Enrolment ID [for those who are yet to get Aadhaar but enrolled] in the ITR form is made mandatory for filing of returns.

1. If you have obtained AADHAAR then kindly enter the 12digit AADHAAR number in the ITR.

2. If you have not obtained AADHAAR then kindly enter the 28 digit Enrolment ID in the ITR.

10. I have made the tax payments successfully and still the pending tax is showing in Tax Paid Verification sheet?

Answer : You are requested to enter the e-Pay tax payment details (BSR Code, Challan Details etc) manually while filing the income tax return in ‘Tax Details’ sheet under ‘Sch IT – Details of Advance tax and self-assessment tax payments’ and proceed further.

11. Unable to Generate XML ITR through Java software error states “Please enter the Date of Filing”?

Answer: Date of Filing need to be entered in CFL Schedule of ITR for successful generation of XML

12. In schedule TR filed Taxpayer Identification Number is not matching with taxpayer identification Number entered in schedule FSI?

Answer: Kindly download latest ITR software and proceed further

13. In Schedule S in Field 3 drop down value of: Sec 10(13A) – Allowance to meet expenditure incurred on house rent” is more than (50% of drop down value of “Basic Salary and Dearness Allowance) or House Rent Allowance” in the Sl. No 1a of all employees of Sch. S or in Sch. S in Field 3 dropdown value of “Sec 10(10AA)- Earned leave encashment” is more than dropdown value of “Leave Encashment” in the Sl. No. 1a of all employers of Sch. S

Answer: Deduction for House Rent Allowance u/s 10(13A) at Point-3 can be claimed only if the same is offered as Salary Income in “Salary as per Section 17(1)”in “House Rent Allowance”. Similarly any Salary exemption claimed u/s 10 should be offered in schedule salary (Salary as per 17(1), Salary as per 17(2) and salary as per 17(3), whichever applicable).

14. Getting error “Amount should be numeric, on negative, no decimal, up to 14 digits” in Schedule Tool 112A/115AD(1)(iii)proviso?

Answer: The amount needs to be entered manually up to two decimal Values.

15. Please fill the amount field at point B or and Point D, If not applicable, enter zeros in Schedule AL?

Answer: If Yes is selected in Point A of AL Schedule than the all the details in Point A needs to be mentioned. Point B, C, D has to be filled accordingly.

If No is secluded in Point A of AL Schedule than also value has to be mentioned in Point B, C, D.

16. Unable to Select 115H?

Answer: Question related to selection of 115H would be enabled only if the Residential status is selected as “Resident” and Status selected as “Individual”.

Tags : FAQ’s on Practical problems for filling Income Tax Returns, how to file income tax return, income tax return 2019, file tax return online

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CBDT constitutes Start-up Cell for redressal of grievances related to Start-ups

CBDT constitutes Start-up Cell for redressal of grievances related to Start-ups

One of the measures pertaining to taxation announced by the Hon’ble Finance Minister as part of the several measures to boost the economy, was the withdrawal of ‘Angel Tax’ provisions for Start-ups and their investors. As part of the measures for mitigating the genuine difficulties of Start-ups, it was decided that a dedicated cell would be set up under a Member of CBDT for addressing the specific problems of Start-ups.

In order to redress grievances and address various tax related issues in the cases of Start-ups, a Start-up Cell has been constituted by CBDT on 30.08.2019 with the following ex-officio members:

SN Portfolio Designation
1 Member (IT &C) Chairman
2 JS-TPL-II Member
3 CIT(ITA) Member
4 Director (ITA-I) Member Secretary
5 Under Secretary(ITA-I) Member

The Cell will work towards redressal of grievances and mitigate tax-related issues in case of Start-up entities with respect to administration of the Income-tax Act, 1961.

Grievances relating to Start-ups may be filed with the O/o Under Secretary, ITA-I, Room No.245A, North Block, New Delhi – 110001 as well as online at startupcell.cbdt@gov.in. The Cell will also be accessible telephonically on 011-23095479 /23093070 (F).

Start-up entities can approach the Cell for speedy resolution of their grievances. This initiative is the latest amongst the recent initiatives taken by CBDT to further ease the compliance issues pertaining to Start-ups.

You May Also Refer : Clarification on applicability of Tax Deduction at Source on cash withdrawals

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Clarification on applicability of Tax Deduction at Source on cash withdrawals

Clarification on applicability of Tax Deduction at Source on cash withdrawals

In order to discourage cash transactions and move towards less cash economy, the Finance (No. 2) Act, 2019 has inserted a new section 194N in the Income-tax Act,1961 (the ‘Act’), to provide for levy of tax deduction at source (TDS) @2% on cash payments in excess of one crore rupees in aggregate made during the year, by a banking company or cooperative bank or post office, to any person from one or more accounts maintained with it by the recipient. The above section shall come into effect from 1st September, 2019.

Since the section provided that the person responsible for paying any sum, or, as the case may be, aggregate of sums, in cash, in excess of one crore rupees during the previous year to deduct income tax @2% on cash payment in excess of rupees one crore,queries were received from the general public through social media on the applicability of this section on withdrawal of cash from 01.04.2019 to 31.08.2019.

The CBDT, having considered the concerns of the people, hereby clarifies that section 194N inserted in the Act, is to come into effect from 1st September, 2019. Hence, any cash withdrawal prior to 1st September, 2019 will not be subjected to the TDS under section 194N of the Act. However, since the threshold of Rs. 1 crore is with respect to the previous year, calculation of amount of cash withdrawal for triggering deduction under section 194N of the Act shall be counted from 1st April, 2019. Hence, if a person has already withdrawn Rs. 1 crore or more in cash upto 31st August, 2019 from one or more accounts maintained with a banking company or a cooperative bank or a post office, the two per cent TDS shall apply on all subsequent cash withdrawals.

You May Also Refer : CBDT constitutes Start-up Cell for redressal of grievances related to Start-ups

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Friday, August 30, 2019

PSU Bank Merger : From 27 PSU banks in 2017, it’s only 12 now in 2019

Article 370 scrapped: ICAI to open chapter in Jammu-Kashmir, Ladakh

Article 370 scrapped: ICAI to open chapter in Jammu-Kashmir, Ladakh

The Council of the Institute of Chartered Accountants of India (ICAI) has recently decided to open a Representative Office of the Institute covering the Union Territories of Jammu & Kashmir and Ladakh.

ICAI, being a true Partner in Nation Building has always collaborated with various initiatives of the Government and is proud to become part of the development of the newly formed Union Territories.

The ICAI office will act as a facilitation centre to spread awareness about Chartered Accountancy Course as a tool for social empowerment and provide much needed professional employment opportunities to the local youth.

By opening up the office in Srinagar, the Chartered Accountancy Course, one among the most economical courses, will be provided to the interested candidates at their doorstep and thus empower the youth through skill development as also to equip them to be a part of the mainstream / economy.

This step would enable the Institute to spread knowledge in the field of accountancy, Corporate Governance and facilitate services to the Members, Students and Stakeholders in the aforesaid Union Territory.

Tags : Article 370 scrapped: ICAI to open chapter in Jammu-Kashmir, Ladakh,

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Individuals must deduct TDS on payments to contractors, professionals from Sept 1: Know all about it

CBDT Denies Rumors Regarding Extension Of Due Date For Filing Return

GST leviable on ‘Mobilization Advance’ as on July 1, 2017 received for works contract service: AAR

GST leviable on ‘Mobilization Advance’ as on July 1, 2017 received for works contract service: AAR

Synopsis: The West Bengal AAR in the matter of Siemens Ltd. has ruled that the Applicant is deemed to have supplied works contract service to KMRCL on July 1, 2017 to the extent covered by the lump-sum that stood credited to its account on that date as mobilisation advance and GST is leviable thereon accordingly.

Facts:

M/s Siemens Ltd. (“the Applicant”) entered into a contract with M/s Kolkata Metro Rail Corporation (“KMRCL”) for ‘design, supply, installation, testing and commissioning’ of the power supply and distribution system, third rail system and SCADA system for the entire line and depot of the Kolkata East-West Metro Rail Project.

The contract included supply of equipment, training of the personnel, etc. The Applicant has been awarded onshore scope of work for the contract under an open consortium arrangement with the offshore contractor Siemens AG.

In accordance with the contract, the Applicant received ₹ 16,33,33,924/- on June 24, 2011 as mobilisation advance, which was 10% of the original contract value. The lump-sum mobilisation amount so received is recoverable as adjustment towards the payment due for the tax invoices that the Applicant raises on attaining contract progress milestones. Of the total lump-sum amount ₹ 13,80,74,549/- is stated to be outstanding on June 30, 2017.

Issue involved:

Whether GST shall be charged on the gross amount of the invoice or the net amount after adjusting the lump-sum amount outstanding as on June 30, 2017?

Held:

The Hon’ble Authority for Advance Ruling (AAR), West Bengal while observing Section 13(2) and Section 15(1) of the CGST Act, 2017 (“CGST Act”), Rule 2A(i) of the Service Tax (Determination of Value) Rules, 2006 (“Service Tax Valuation Rules”), vide Order No. 18/WBAAR/2019-20 dated August 19, 2019 held as under:

• ln the pre-GST regime, the Contract was divisible for the purpose of taxation as a contract for the sale of goods and a service contract. However, no tax was leviable on the advance payment under either the West Bengal Value Added Tax Act, 2003 or the Central Sales Tax Act, 1956.

• As the value of the taxable service was not ascertainable before the invoice was raised, no payment received in advance could be included in the gross amount charged for such taxable service except the portion adjusted in the service bills, as per Rule 2A(i) of the Service Tax Valuation Rules.

• Therefore, the unadjusted portion of the advance as on July 1, 2017 has not suffered tax under the pre-GST regime under either of the above Acts.

• After the GST comes into force, the works contract is no longer divisible, and it is a service contract. The entire unadjusted mobilisation advance as on July 1, 2017, according to the Contract, applies towards payment of consideration for the works contract service.

• Mobilisation advance is meant specifically for inducing the contractor to spend for provisioning the works contract service. The contract provides a mechanism in the form of a bank guarantee that ensures that the advance is not diverted or misappropriated. It’s application as payment for inducing the supply is, therefore, direct and unambiguous. lt is, therefore, ‘consideration’, whether or not in the form of a deposit, for the supply of the works contract service.

• The Applicant is, therefore, deemed to have supplied works contract service to KMRCL on July 1, 2017 to the extent covered by the lump-sum that stood credited to its account on that date as mobilisation advancein terms of Section 13(2) of CGST Act; and GST is leviable thereon accordingly.

• The value of the supply of works contract service in the subsequent invoices as and when raised should, therefore, be reduced to the extent of the advance adjusted in such invoices, and GST should be charged on the net amount that remains after such adjustment to avoid double taxation.

Citation:TS-650-AAR-2019-NT

Our Comments: The AAR in the given case has relied upon provisions of Section 13(2) of the CGST Act to fasten liability of GST on the Applicant. Importantly, it has been held that the Applicant is deemed to have supplied works contract services to recipient on July 1, 2017. The basis for the same lies under Explanation (i) to Section 13(2) of the CGST Act, according to which, if the supplier receives any advance payment as consideration, the supply shall be deemed to have been made to the extent covered by the payment.

As a matter of fact, the AAR has wisely considered the aspect of avoiding double taxation by holding that value of supply of works contract service in the subsequent invoices, as and when raised, should be reduced to the extent of advance adjusted in such invoices, and GST should be charged on the net amount that remains after such adjustment. But, at first place, can it be said that taxability on such mobilisation advance arose on July 1, 2017 ?

At this juncture, it is important to note that the definition of ‘consideration’ under Section 2(31) of the CGST Act, categorically provides that a ‘deposit’ given in respect of the supply of goods or services shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply. Hence, till such time the amount of initial deposit is appropriated towards supply of services, the same may not constitute ‘consideration’ for chargeability of GST. Accordingly, even in above case, taxability of mobilization advance, ideally, must arise at the time of appropriation of such amount against the estimated expenditure and not on July 1, 2017.

Further, next important question arises that if we go hypothetically with the above ruling, then, leviability of interest on such advance amount may arise, considering as supply made as on July 1, 2017.

In recent times it is seen that majority of AAR rulings are driven on ‘pro-revenue’ trends, deciding the matter in favour of the Department. At the same time, it is also seen that there are divergent rulings also on same transaction. Though envisaged as a forum for GST dispute redressal, the AAR & AAAR are losing their importance in the eyes of taxpayers, making them hesitant to take recourse to this route.

To promote ease-of-doing business and to generate confidence amongst assessees, it is mandatory that the Authority, which at present is manned only by revenue officers, should be a quasi-judicial body consisting of a Judicial Member and a Technical Member. In this manner, the AAR & AAAR would act independently and judiciously to decide the disputes coming up to them.

Relevant provisions:

Section 13(2) of CGST Act:

“(2) The time of supply of services shall be the earliest of the following dates, namely:-

(a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under section 31 or the date of receipt of payment, whichever is earlier; or

(b) the date of provision of service, if the invoice is not issued within the period prescribed under section 31 or the date of receipt of payment, whichever is earlier”

Section 2(31) of the CGST Act:

“(31) “consideration” in relation to the supply of goods or services or both includes––

(a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government;

(b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government:

Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply”

DISCLAIMER: The views expressed are strictly of the author and A2Z Taxcorp LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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Tally ERP 9 Launched New Version having Features for GST Annual Computation

How to Setup GST in Tally

How to Setup GST in Tally
To record a GST transaction, you have to activate GST and also update or create the required ledgers.

To know more about using Tally.ERP 9 for GST compliance, watch the following video to use Tally.ERP 9 for GST compliance,

1. Activate GST
2. Set up tax rates
3. Update or create ledgers as required.

Depending on the business requirements you will need to update the following ledgers, either immediately or later.

  • Update stock items, and stock groups to include GST details.
  • Update sales and purchase ledgers to use in GST transactions.
  • It is recommended that you restart voucher numbering for GST transactions to ensure that unique voucher numbers are used for all your vouchers. If Automatic (Manual Override) is set as the method of voucher numbering, it ensures that unique voucher numbers are set for your vouchers.
  • Update party GSTIN/UIN for parties buying from you or selling items to you.
  • Create GST tax ledgers to calculate taxes in transactions.
  • Create income and expense ledgers to distribute the expenses and incomes against items appropriately.

 Refer Below Video to know How to Setup GST on Tally

https://www.youtube.com/watch?v=BCpZZu-DwjI&t=2s
 
Your company is ready with all the masters.

  • Recording Sales
  • Recording Purchases

Source tallysolutions.com


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Thursday, August 29, 2019

No ITC on inward supplies for in-house hospital providing free medical facilities to employees: AAR

No ITC on inward supplies for in-house hospital providing free medical facilities to employees: AAR

Synopsis:

The Tamil Nadu AAR in the matter of Chennai Port Trust has ruled that the Applicant, providing medical services and medicines as part of mandated rules, is not entitled to take credit of input tax on the inward supply of medicines used in providing free medical facilities to the employees, pensioners and their dependents in the in-house hospital.

Facts:

Chennai Port Trust (“the Applicant”) is engaged in supply of port services and incidental supply of goods like disposal of discarded assets.The Applicant has their own in-house hospital for use by the employees, retirees and their dependents, which is basically, a free centre where all the services and medicines are provided free to the employees. This provision of free medical care is mandatory as per the Regulations made under Major Port Trusts Act, 1963.

In the course of above, the Applicant uses following goods and services-

1.) Medical and diagnostic equipment;

2.) Medical apparatus & instruments, medical consumables & disposable items and other machinery installed in the in-house hospital;

3.) NSpares for medical and diagnostic equipment, medical apparatus & instruments and other machinery installed in the in-house hospital;

4.) Repairing Services of medical and diagnostic equipment, medical apparatus & instruments and other machinery installed in the in-house hospital.

Issue involved:

Whether the Applicant is entitled to take input tax credit (“ITC”) charged on the above-mentioned supply of goods and services which are used w.r.t. in-house hospital?

Held:

The Hon’ble Authority of Advance Ruling (AAR), Tamil Nadu,while observing Section 16(1) and Section 17(5)(g) of the CGST Act, 2017 (“CGST Act”)& Tamil Nadu GST Act, 2017(“TNGST Act”) vide Order No. 32/AAR/2019 dated July 25, 2019,denied ITC to the Applicant on following grounds:

1.) The Applicant is maintaining an in-house hospital within its port premises for providing health and medical cover exclusively to its employees and pensioners. The hospital is only a cost centre and the inward supply of medicine and related services is provided to the employees and pensioners without charging any separate consideration.

2.) No outsiders are treated except on recommendation by employees and the payment for that is recovered from the salary of such employees. In the case the employees are referred to empanelled hospitals, the costs are borne by the Applicant themselves.

3.) Evidently, the impugned goods and services are used for providing personal medical care to the individuals who are the employees and pensioners of the Applicant. They are ineffect used for personal consumption of the employees, pensioners and dependents.

4.) Therefore, as per Section 17(5)(g) of CGST/TNGST Act, ITC is not available for medical, diagnostic equipment, apparatus, instruments, consumables, disposables, spares and repairing services for these, which the Applicant is procuring for the consumption of its employees and pensioners and their dependents.

5.) Argument of the Applicant to the effect that these are not “goods or services used for personal consumption” as the Applicant pays for the same, does not hold as the fact of who pays for the goods and services is irrelevant to the usage of the said goods and services.

Our Comments: As per Section 17(5)(g) of the CGST Act, ITC is not available in respect of goods or services used for personal consumption. Ironically, the extent of term ‘personal consumption’ for the purposes of blocked credit is not defined under the GST Law. This leaves the term open for interpretation by the taxpayers as well as tax collectors, as existent in Pre-GST as well as in GST era

The above ruling is an example of such interpretational issue that are bound to litigation in future.There are many such expenditures incurred by business houses which may fall in between the thin line of distinction between ‘personal’ or ‘business’ consumption.For example, packs of tissue papers put on cubicles of employees – whether it can be said to have used for personal consumption or business purposes?

Going by the above ruling, it may be contemplated that the same is being used for the personal consumption of employees and hence no ITC is eligible, but it is too far-fetched from reality as these expenditures are always meant in the course or furtherance of business. The other school of thought may argue to say that having tissue papers on seats is one of the basic requirements of good hygiene of employees, hence, falling under ambit of business expenses.

The term ‘personal consumption’ is sure to have divergent interpretations till its actual scope for denying ITC is defined in clear terms. At the same time, it needs to be appreciated that ideally what the law mandates as obligatory on employer, the same must not be dragged into the ambit of ‘personal consumption’ to deny ITC. It is in this respect that Section 17(5)(b) of the CGST Act was amended w.e.f. February 1, 2019 vide the CGST Amendment Act, 2018, inserting a proviso to provide that ITC in respect of goods or services mentioned therein shall be available where the provision of such goods or services is obligatory for an employer to provide to its employees under any law for time being in force.The above list also includes medical services as one of the eligible services, which is allowable as ITC when provided to employees as a part of obligatory legal requirement.

Hence, the above advance ruling needs to be reconsidered in the light of such provisions, while appreciating the broad-based intent of legislature.Nonetheless, this triggers the urgent need to identify such expenses which should be avoided for litigation in the guise of ‘personal consumption’ of employees.

Citation:[2019] 108 taxmann.com 466 (AAR – TAMILNADU)

Relevant provisions:

Section 16(1) of the CGST/TNGST Act:

(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.”

Section 17(5)(g) of CGST/TNGST Act:

“(5) Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:-

(g) goods or services or both used for personal consumption;”

DISCLAIMER: The views expressed are strictly of the author and A2Z Taxcorp LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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Wednesday, August 28, 2019

CBIC circular clarifying various open issues under the Sabka Vishwas (Legacy Dispute Resolution Scheme), 2019

CBIC circular clarifying various open issues under the Sabka Vishwas (Legacy Dispute Resolution Scheme), 2019

The brief highlights of the CBIC circular no. 1071/4/2019-CX.8 dated 27.08.2019 clarifying various open issues under the Sabka Vishwas (Legacy Dispute Resolution Scheme), 2019 effective from 01.09.2019 are as under:

Key clarifications

1. Opting for the scheme will not be assumed as admission of the position by the Declarant.

2. Similarly issuance of discharge certificate cannot be treated as acceptance of disputed position by the department.

3. Any amount paid as pre-deposit during appellate proceedings or as deposit during enquiry, investigation or audit, either by cash or utilising input tax credit shall be adjusted while determining final amount payable under the scheme.

4. In matters where hearing is typically rescheduled even after the final hearing due to new bench or change in officer or any other reason, the restriction will apply only to those cases where the appellate forum has heard the matter finally as on 30.06.2019.

5. Cases outside the purview of the settlement commission can be covered in the scheme. This also includes any pending appeals, reference or writ petition filed against or any arrears emerging out of the orders of settlement commission.

6. Amount of duty also includes demand for CENVAT credit.

7. The scheme covers all kinds of pending disputes including call book cases with following exceptions:

  • Cases in respect of goods still subject to levy of Central excise (petroleum products and tobacco)
  • Cases for which the taxpayer/notice has already been convicted in a court of law
  • Cases under adjudication or litigation where final hearing has taken place before 30.06.2019
  • Cases of erroneous refunds
  • Cases pending before settlement commission

8. Discharge certificate shall be conclusive as to the matter and time period stated therein and no matter and time period covered therein can be reopened in any other proceedings under said indirect tax enactments. The only exception is that in case of voluntary disclosure of liability, declaration can be reopened within one year of issue of discharge certificate, if subsequently any material particular is found to be false.

Key functionalities:

1. Dedicated portal www.cbic-gst.gov.in for online filing of declaration and communication of final decision

2. User manual for online facility to be issued soon

3. Fixed timelines to be strictly adhered to complete entire process from filing of declaration to communication of department’s decision to payment within 90 days

4. No scope for extension of time period for the complete process / sub-process.

5. Automated calculation of relief

6. No verification by the department in case of voluntary disclosure; however, opportunity of being heard to be provided in case the same is sought by the declarant

7. Instructions to finalise the cases within 15 days of receipt of application where particular are found to be correct as per declaration filed and the department records

Further, an extensive out-reach programme to create awareness among the trade and industry is also proposed wherein the department is instructed to itself assess the eligible tax payers and issue polite email or phone call or letter or periodic SMS to such eligible tax payers informing them about the scheme.

Click here to Read the Circular

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CBDT clarifies differential regime between domestic investors and FPIs existed even prior to Budget 2019

CBDT clarifies differential regime between domestic investors and FPIs existed even prior to Budget 2019

CBDT clarifies differential regime between domestic investors (including AIF category III) and FPIs existed even prior to General Budget 2019 and was not creation of the Finance (No. 2) Act, 2019

The Central Board of Direct Taxes (CBDT) said today that an incorrect perception is being created in a section of media as if announcements made by Smt. Nirmala Sitharaman, Union Minister of Finance & Corporate Affairs, in a press conference on 23rd August 2019, which brought in a number of responsive structural measures to boost up the economy, have created a differential regime between FPIs and domestic investors including AIF category III.

Dispelling this false impression being created in certain sections of media including social media, CBDT said that differential regime between domestic investors (including AIF category III) and FPIs existed even prior to the General Budget 2019 and was therefore not the creation of the Finance (No. 2) Act, 2019 or the announcement made by the Finance Ministry on 23rd August 2019.

In this regard, CBDT has further stated that in case of Foreign Institutional Investors (FPIs), Income Tax Act, 1961 (the Act) contains special provisions [section 115AD read with section 2(14) of the Act] for taxation of income from derivatives. Under this regime, income of FPIs arising from derivatives was treated as capital gains and liable for special rate of tax as per section 115AD of the Act. However, income arising from derivatives for the domestic investors including Alternative Investment Funds (AIFs) category-III as well as for foreign investors who are not FPIs, has always been treated as business income and not as capital gains, and taxed at applicable normal income tax rates. The differential regime therefore already existed for FPIs through Section 115 AD. Therefore, to say that General Budget 2019 or FM’s announcement on 23rd August 2019 created a differential regime between FPI and domestic investor is incorrect.

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ICMAI Announced Intermediate & Final Course Dec 2019 Exam Time Table & Fees

ICMAI Announced Intermediate & Final Course Dec 2019 Exam Time Table & Fees

THE INSTITUTE OF COST ACCOUNTANTS OF INDIA
(STATUTORY BODY UNDER AN ACT OF PARLIAMENT)

1. Application Forms for Intermediate and Final Examination has to be filled up through online only and fees will be accepted through online mode only (including Payfee Module of IDBI Bank). No Offline form and DD payment will be accepted for domestic candidate.

2. STUDENTS OPTING FOR OVERSEAS CENTRES HAVE TO APPLY OFFLINE AND SEND DD ALONGWITH THE FORM.

3. (a) Students can login to the website www.icmai.in and apply online through payment gateway by using Credit/Debit card or Net banking.

(b) Students can also pay their requisite fee through pay-fee module of IDBI Bank.

4. Last date for receipt of Examination Application Forms is 10th October, 2019.

5. The provisions of direct tax laws and indirect tax laws, as amended by the Finance Act, 2018, including notifications and circulars issued up to 31st May, 2019, are applicable for December, 2019 term of examination for the Subjects Direct Taxation, Indirect Taxation (Intermediate), Direct Tax laws and International Taxation and Indirect Tax laws & Practice (Final) under Syllabus 2016. The relevant assessment year is 2019-20. For statutory updates and amendments please refer to: http://icmai.in/studentswebsite/Syl-2016.php

6. Companies (Cost Records and Audit) Rules, 2014 as amended till 31st May, 2019 is applicable for December, 2019 examination for Paper 12- Company Accounts and Audit (Intermediate) and Paper 19-Cost and Management Audit (Final) under Syllabus 2016.

7. The provisions of the Companies Act 2013 are applicable for Paper 6-Laws and Ethics (Intermediate) and Paper 13-Corporate Laws and Compliance (Final) under Syllabus 2016 to the extent notified by the Government up to 31st May, 2019 for December, 2019 term of examination. Additionally, for applicability of ICDR, 2018 for Paper-13-Corporate Laws & Compliance (Final) under Syllabus 2016 refer to relevant circular in website for December, 2019 term examination by following link: http://icmai.in/studentswebsite/Syl-2016.php

8. For Applicability of IND AS and AS for Paper 5 – Financial Accounting, Paper 12 – Company Accounts and Audit (Intermediate) and Paper 17 – Corporate Financial Reporting (Final) refer to relevant circulars and notifications in website for December, 2019 term examination in the given link: http://icmai.in/studentswebsite/Syl-2016.php

9. Pension Fund Regulatory and Development Authority Act, 2013 is being included in Paper 6-Laws and Ethics (Intermediate) and Insolvency and Bankruptcy Code 2016 is being included in Paper 13-Corporate Laws and Compliance (Final) under Syllabus 2016 for December, 2019 term of examination. Please refer to http://icmai.in/studentswebsite/Syl-2016.php

10. Examination Centres: Adipur-Kachchh (Gujarat), Agartala, Agra, Ahmedabad, Akurdi, Allahabad, Asansol, Aurangabad, Bangalore, Baroda, Berhampur (Ganjam), Bhilai, Bhilwara, Bhopal, Bewar City(Rajasthan), Bhubaneswar, Bilaspur, Bikaner (Rajasthan), Bokaro, Calicut, Chandigarh, Chennai, Coimbatore, Cuttack, Dehradun, Delhi, Dhanbad, Duliajan (Assam), Durgapur, Ernakulam, Erode, Faridabad, Ghaziabad, Guntur, Guwahati, Haridwar, Hazaribagh, Howrah, Hyderabad, Indore, Jaipur, Jabalpur, Jalandhar, Jammu, Jamshedpur, Jodhpur, Kalyan, Kannur, Kanpur, Kolhapur, Kolkata, Kota, Kottakkal (Malappuram), Kottayam, Lucknow, Ludhiana, Madurai, Mangalore, Mumbai, Mysore, Nagpur, Naihati, Nasik, Nellore, Neyveli, Noida, Palakkad, Panaji (Goa), Patiala, Patna, Pondicherry, Port Blair, Pune, Raipur, Rajahmundry, Ranchi, Rourkela, Salem, Sambalpur, Shillong, Siliguri, Solapur, Srinagar, Surat, Thrissur, Tiruchirapalli, Tirunelveli, Trivandrum, Udaipur, Vapi, Vashi, Vellore, Vijayawada, Vindhyanagar, Waltair and Overseas Centres at Bahrain, Dubai and Muscat.

11. A candidate who is fulfilling all conditions specified for appearing in examination will only be allowed to appear for examination.

12. Probable date of publication of result: Inter & Final – 21st February, 2020.

* For any examination related query, please contact exam.helpdesk@icmai.in

EXAMINATION FEES

Group (s)   Final Examination Intermediate Examination
One Group (Inland Centres)(Overseas Centres) Rs. 1400/-
US $ 100
Rs. 1200/-
US $ 90
Two Groups (Inland Centres)(Overseas Centres) Rs. 2800/-
US $ 100
Rs. 2400/-
US $ 90


CMA S. C. Gupta

Secretary (Acting)

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ICMAI Announced Foundation Course Dec 2019 Exam Time Table & Fees

ICMAI Announced Foundation Course Dec 2019 Exam Time Table & Fees

THE INSTITUTE OF COST ACCOUNTANTS OF INDIA
(STATUTORY BODY UNDER AN ACT OF PARLIAMENT)

1. The Foundation Examination will be conducted in Offline, descriptive (Pen & Paper) mode only. Each paper will be of 100 marks and for 3 hours duration.

2. Application Forms for Foundation Examination has to be filled up through online and fees will be accepted through online mode (including Payfee Module of IDBI Bank).

3. STUDENTS OPTING FOR OVERSEAS CENTRES HAVE TO APPLY OFFLINE AND SEND DD ALONGWITH THE FORM.

4. (a) Students can login to the website www.icmai.in and apply online through payment gateway by using Credit/Debit card or Net banking.

(b) Students can also pay their requisite fee through pay-fee module of IDBI Bank.

5. Last date for receipt of Examination Application Forms is 10th October, 2019.

6. Examination Centres : Adipur-Kachchh(Gujarat), Agartala, Agra, Ahmedabad, Akurdi, Allahabad, Asansol, Aurangabad, Bangalore, Baroda, Berhampur(Ganjam), Bhilai, Bhilwara, Bhopal, Bewar City(Rajasthan), Bhubaneswar, Bilaspur, Bikaner (Rajasthan), Bokaro, Calicut, Chandigarh, Chennai, Coimbatore, Cuttack, Dehradun, Delhi, Dhanbad, Duliajan (Assam), Durgapur, Ernakulam, Erode, Faridabad, Ghaziabad, Guntur, Guwahati, Haridwar, Hazaribagh, Howrah, Hyderabad, Indore, Jaipur, Jabalpur, Jalandhar, Jammu, Jamshedpur, Jodhpur, Kalyan, Kannur, Kanpur, Kolhapur, Kolkata, Kota, Kottakkal (Malappuram), Kottayam, Lucknow, Ludhiana, Madurai, Mangalore, Mumbai, Mysore, Nagpur, Naihati, Nasik, Nellore, Neyveli, Noida, Palakkad, Panaji (Goa), Patiala, Patna, Pondicherry, Port Blair, Pune, Raipur,Rajahmundry, Ranchi, Rourkela, Salem, Sambalpur, Shillong, Siliguri, Solapur, Srinagar, Surat, Thrissur, Tiruchirapalli,Tirunelveli, Trivandrum, Udaipur, Vapi, Vashi, Vellore, Vijayawada, Vindhyanagar, Waltair and Overseas Centres at Bahrain, Dubai and Muscat.

7. A candidate who is completing all conditions for appearing the examination as per Regulation will only be allowed to appear for examination.

8. Probable date of publication of result: 21st February, 2020.

* For any examination related query, please contact exam.helpdesk@icmai.in

EXAMINATION TIME TABLE & PROGRAMME – DECEMBER 2019
FOUNDATION COURSE EXAMINATION

Day & Date Foundation Course Examination Syllabus-2016
Time 2.00 p.m. to 5.00 p.m.
Tuesday,
10th December, 2019
Fundamentals of Economics & Management
Wednesday,
11th December, 2019
Fundamentals of Accounting
Thursday,
12th December, 2019
Fundamentals of Laws & Ethics
Friday,
13th December, 2019
Fundamentals of Business Mathematics & Statistics

Examination Fees

Foundation Course Examination Inland Centres Rs. 1200/-
Overseas Centres US $ 60

CMA S. C. Gupta
Secretary (Acting)

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Board resolution for resignation of old auditor and appointment of new auditor

Board resolution for resignation of old auditor and appointment of new auditor

CERTIFIED TRUE COPY OF THE MEETING OF FINANCIAL YEAR 2019-20 OF BOARD OF DIRECTORS OF ………………………….. PRIVATE LIMITED HELD ON WEDNESDAY, 21stDAY August, 2019 AT 11 A.M. AT ITS REGISTERED OFFICE at S………………… New Delhi 110062

“RESOLVED THAT pursuant to the provisions of Section 139(8) and other applicable provisions, if any, of the Companies Act, 2013 as amended from time to time or any other law for the time being in force (including any statutory modification or amendment thereto or re-enactment thereof for the time being in force), M/s…………………………., Chartered Accountants having registration number: ……………………  is be and are hereby appointed as Statutory Auditors of the Company from for the Financial Year 2018-19 to fill the casual vacancy caused by the resignation of M/s. ……………………………… ,Chartered Accountants, FRN: ………

“RESOLVED FURTHER THAT M/s……………………………….., Chartered Accountants will hold office from the conclusion of this meeting until the conclusion of the ensuing Annual General Meeting and they shall conduct the Statutory Audit for the financial year ended 31st March, 2019 on such remuneration and reimbursement of out of pocket expenses for the purpose of audit as may be approved the Board of Directors.”

“FURTHER RESOLVED THAT any of the Board of Directors, be and is, hereby empowered and authorized to take such steps, in relation to the above and to do all such acts, deeds, matters and things as may be necessary, proper, expedient or incidental for giving effect to this resolution and to file necessary E Forms with Registrar of Companies.”

FOR ……………………. PRIVATE LIMITED

…………………………………        

Director

DIN:………………………………

Address: 

CLICK HERE – To Download Board resolution for resignation of old auditor and appointment of new auditor Word Doc

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CBDT issues clarification on perceived differential taxation of FPIs and domestic investors

CBDT issues clarification on perceived differential taxation of FPIs and domestic investors

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi, 28th August, 2019


PRESS RELEASE

CBDT issues clarification on perceived differential taxation of FPIs and domestic investors

It has come to the notice of the Central Board of Direct Taxes (CBDT) that an incorrect perception was being created in a section of the media inasmuch as if the announcements made by the Hon’ble Finance Minister on last Friday, which brought in a number of responsive structural measures to boost up the economy, had created a differential regime between FPIs and domestic investors including AIF category III.

Dispelling this false impression being created in certain sections of the media including social media, it is clarified that differential regime between domestic investors (including AIF category III) and FPIs existed even prior to the 2019 budget and was therefore not the creation of the Finance (No 2) Act, 2019 or the announcement made by the Finance Minister on last Friday.

In this regard, it is further stated, that, in case of Foreign Institutional Investors (FPIs), Income Tax Act, 1961 (the ‘Act’) contains special provisions [section 115AD read with section 2(14) of the Act] for taxation of income from derivatives. Under this regime, income of FPIs arising from derivatives was treated as capital gains and liable for special rate of tax as per section 115AD of the Act. However income arising from derivatives for the domestic investors including Alternative Investment Funds (AIFs) category-III as well as for foreign investors who are not FPIs, has always been treated as business income and not as capital gains, and taxed at applicable normal income tax rates. The differential regime therefore already existed for FPIs through Section 115 AD. Therefore to say, that this year’s budget or FM‘s announcement of last Friday created a differential regime between FPIs and domestic investors is incorrect.

(Surabhi Ahluwalia)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT

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