NAA Asks Tax Officials to Ensure Tax Rate Cut on Covid Supplies Reaches Consumer

The National Anti-profiteering Authority (NAA) has instructed the top brass of the Goods and Services Tax (GST) administration to ensure that producers and suppliers of medical devices and drugs lower prices of covid related supplies to pass on the benefit of recent tax rate cuts to consumers.

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More at livemint

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Anil Ambani- The Prodigal Son Returns?

Anil Ambani has been India’s poster boy about how to not run a business for a decade. Once one of the richest person on the planet, he declared his net worth to be 0 before a court a few years ago.

But in the last year, the stocks of his companies have done spectacularly well, with Reliance Infra and Reliance Communications delivering returns of more than 270 percent.

And something that seemed unimaginable a few years ago, the stocks of Anil Ambani’s companies actually hit the upper circuit last week.

This is because of chatter about a positive outcome from his companies under NCLT resolutions, which are due to make key financial decisions.

Positive news like this is spilling over to other companies of Anil Ambani’s group and is causing a rally in shares.

Amit Mitra Suggests ‘Course Correction’ to Steer Functioning of GST Council

Bengal finance minister Amit Mitra has suggested a ‘course correction’ to steer the functioning of the GST Council and bring back a ‘consensual atmosphere’ instead of the ‘acrimonious’ undercurrent which has engulfed this top federal decision-making body of indirect tax.

In a letter written to Union finance minister Nirmala Sitharaman, Mitra noted how the GST regime is going through a ‘dangerous time’ with the shortfall in tax collection and fraudulent transactions hitting a peak. He called for the need to ‘rebuild trust and faith’ among diverse political constituents who are part of the Council.

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“What pains me most is that the GST Council meetings have become acrimonious, vexing and almost toxic with erosion of mutual trust that had held fast between states and the Centre since the inception of the GST Council,” Mitra wrote in his latest letter to Sitharaman.

The Bengal FM cited many past instances when the chair of the council, which is constitutionally filled by the Union FM, yielded to suggestions from even a single state and in return, states agreed to central proposals despite their reservations.

“But I am afraid that arriving at such consensus, even for simple matters, have become elusive,” Mitra wrote, adding that “…an undercurrent has emerged in the recent times that while the chair hears the submissions of all the states very patiently, there is a predetermined conclusion with which the government of India, aided by its top bureaucrats, comes to the GST Council meetings.”

While Mitra did not name anyone, his examples suggested that Sitharaman’s predecessor Arun Jaitley used to be more patient with Council constituents and worked to build consensus.

Compensation balloons

The Centre may have to arrange Rs 74,398 crore to compensate the states on account of a shortfall in GST collection in 2020-21.

This amount would be payable to the states by factoring in a 3 per cent negative growth during 2020-21, and over and above the Rs 1,10,000 crore borrowed by the Centre and transferred back to back to the states to meet the shortfall in the compensation cess pool.

The cess collection in the last fiscal stood at Rs 91,000 crore. Bengal is expected to get Rs 3,850 crore from the outstanding payment from the Centre.

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Tips on How to Manage Income Tax on Earnings from Mutual Funds

Income from mutual fund can be categorised into two streams: Dividends and appreciation when realised is taxed as capital gains. The mutual fund schemes can be divided into two categories for tax purposes. In first category, fall all equity oriented scheme and rest of the schemes fall in the second category.

Any mutual fund scheme which keeps minimum of 65% of their corpus invested in the Indian companies which are listed in India fall under equity oriented schemes. Likewise, any fund which invests minimum 90% of its corpus in an ETF which in turn invests minimum of 90% of its corpus in these companies is also treated like equity oriented schemes. One of the popular scheme amongst taxpayers ELSS eligible for deduction under Section 80C, falls under this category. By this definition all aggressive hybrid funds which maintain their minimum 65% investment in such companies are treated as equity oriented schemes. All other schemes like conservative hybrid schemes, debts funds, gold ETF, gold funds and international funds fall in the second category……………………………

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Any profit realised on equity oriented scheme sold/redeemed after 12 months are treated as long term capital gains and taxed at flat rate of 10% after initial exemption of one lakhs without indexation. The profits on such schemes realised within 12 months are treated as short term capital gains and are taxed at flat rate of 15%.

In case investments in such schemes was made before 31st January 2018 the profits accrued till 31st January 2018 are grandfathered and the NAV as on 31st January 2018 is to be taken as your cost for computing long term capital gains.

For the second category the profits are treated as long term capital gains if sold/redeemed after 36 months. Long term capital gains are taxed at 20% after applying indexation on your cost of acquisition. Any profits made before 36 months are treated as short term capital gains and are added to your regular income and taxed at the slab rate applicable to you.

Set off of losses of capital gains on mutual funds: All short term capital gains and long term capital gains are aggregated separately. Short term loss can be adjusted against long term gains but long term loss cannot be adjusted against short term gains. Loss under the head capital gains cannot be adjusted against income under any other head. Any capital loss not adjusted during the current year is allowed to be carried forward for next 8 years for set off in subsequent years.

How dividends from mutual fund are taxed: Dividends are taxed like your regular income under the head income from other sources. The mutual fund house deduct tax at 10% on dividends, in case the aggregate dividends likely to exceed five thousand in a year for all the schemes of the same fund house. If you have borrowed to invest in mutual funds, you can claim interest up to 20% of the aggregate dividend amount against such income.

Taxation rules for Non Residents: There is no difference between resident and non-resident for holding period criteria and rates of tax applicable for capital gains but the mutual fund house deduct TDS at the time of redemption on the amount of capital gains. No TDS is required to be made for resident tax payers.

Non-residents do not enjoy the benefit of basic exemption in respect of all long term capital gains and short term capital gains on equity schemes and they have to pay full tax at the flat rate on such capital gains in case their income comprises only such capital gains. Likewise, non-residents are not entitled to avail rebate under Section 87A upto Rs. 12,500/-. This rebate is of tax available to a resident tax payer with income up to five lakhs against tax liability of all nature except tax on long term capital gains on equity schemes.

Tips to manage tax on mutual funds: As long term capital gains on equity are exempt up to one lakh every year, you can look to book minimum of 1 lakh long term capital gain on equity schemes for each of your family members. Even if you wish to continue with the same scheme you can redeem and buy the same scheme on the same day with the same NAV and you have to pay just small amount as STT and stamp duty.

Moreover, for those whose taxable income does not exceed five lakhs in a year can plan their capital gains in such a way that they are able to get tax free capital gains within the tax rebate of Rs. 12,500/- under Section 87A. Please note that this rebate under Section 87A is not available for long term capital gains on equity schemes.

In case you are planning to buy a residential house and you do not own more than one house, you can plan your long term capital gains in such a way so as to avail exemption under Section 54F for long term capital gains on your mutual fund investments in case you are sitting on huge unrealised long term capital gains.

No tax deductions are available under Chapter VIA against all the long term capital gains and short term capital gains from equity schemes. This includes various section like Section 80 C covering deductions for LIP, PF, PPF, School Fee, Repayment of home loan, ELSS etc., Section 80 CCD covering NPS, Section 80 D for Mediclaim, Section 80 G for donation etc. No in case you do not have sufficient income on which tax is payable at your regular slab rates, do not invest in products which are eligible for these deductions.

Balwant Jain is a tax and investment expert. He can be reached at jainbalwant@gmail.com

With Inputs from LiveMint

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Why It is Important to Show Exempt Income in Income Tax Return

Income tax return (ITR) should be filed with utmost care, but people make some common mistakes during the process, which may have consequences. One common mistake is the failure to disclose tax-exempted income in ITR.

To understand its implications, let us first understand what are the common exempt incomes that you might knowingly or unknowingly miss out on disclosing in the tax forms.

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Exempted income: Agriculture income of up to ₹5,000, gift from certain relatives, sum received under a life insurance policy or bonus from a life insurance company other than what is mentioned in sub-clauses (a) to (d) of Section 10(10D) of the Income-Tax Act, sum received from statutory provident fund, approved superannuation and scholarship for education rank among income exempted from tax.

Implications: The income may be exempt, but any income earned by investing the exempted income may be taxable. So, not disclosing the same may result in the tax department asking for the source of income. “For example, if a father receives a certain sum of money from his son and invests it in the purchase of property, the income tax department may ask the father to explain the source of funds for the purchase since such funds may not be commensurate with his income, as disclosed in the ITR form,” said Neha Malhotra, director, Nangia Andersen LLP.

“The tax department captures information regarding high-value transactions from banks, registrars, companies, mutual funds and authorized dealers, etc. Taxpayers must therefore be vigilant and mindful of their sources of income and expenses,” she added.

Disclosure: Taxpayers must disclose exempt income in the schedule called ‘Exempt Income, “which is automatically excluded while computation of final tax liability”, said Malhotra.

Exempt income of minor children clubbed with parent also needs to be reported in ITR. “In computing the total income of an individual taxpayer, income accruing or arising to his minor child (not being a differently-abled child or a child who earns such income on the application of his skill or talent) is clubbed in the hands of the parent whose total income is greater, or the one who maintains the child. However, exemption up to ₹1,500 is allowed to the parent. Income so clubbed in the hands of the individual parent is required to be disclosed in schedule SPI (statement of income) and schedule EI (exempted income) of the ITR form,” said Malhotra.

With inputs from LiveMint

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Text of Prime Minister Modi’s Blog on LinkedIn

The Covid-19 pandemic has come with whole new set of challenges to Governments across the world in terms of policy-making. India is no exception. Raising enough resources for public welfare while ensuring sustainability is proving to be one of the biggest challenges.

In this back-drop of financial crunch seen across the world, do you know that Indian states were able to borrow significantly more in 2020-21? It would perhaps pleasantly surprise you that states were able to raise an extra Rs 1.06 lakh crores in 2020-21. This significant increase in availability of resources was made possible by an approach of Centre-State bhagidari.

When we formulated our economic response to the Covid-19 pandemic, we wanted to ensure that our solutions do not follow a ‘one size fits all’ model. For a federal country of continental dimensions, finding policy instruments at the national level to promote reforms by State Governments is indeed challenging. But, we had faith in the robustness of our federal polity and we moved ahead in the spirit of Centre-State bhagidari.

In May 2020, as part of the Aatmanirbhar Bharat package, the Government of India announced that State Governments would be allowed enhanced borrowing for 2020-21. An extra 2% of GSDP was allowed, of which 1% was made conditional on the implementation of certain economic reforms. This nudge for reform is rare in Indian public finance. This was a nudge, incentivising the states to adopt progressive policies to avail additional funds. The results of this exercise are not only encouraging but also run contrary to the notion that there are limited takers for sound economic policies.

The four reforms to which additional borrowings were linked (with 0.25% of GDP tied to each one) had two characteristics. Firstly, each of the reforms was linked to improving the Ease of Living to the public and particularly the poor, the vulnerable, and the middle class. Secondly, they also promoted fiscal sustainability.

The first reform under the ‘One Nation One Ration Card’ policy required State Governments to ensure that all ration cards in the State under the National Food Security Act (NFSA) were seeded with the Aadhaar number of all family members and that all Fair Price Shops had Electronic Point of Sale devices. The main benefit from this is that migrant workers can draw their food ration from anywhere in the country. Apart from these benefits to citizens, there is the financial benefit from the elimination of bogus cards & duplicate members. 17 states completed this reform and were granted additional borrowings amounting to Rs. 37,600 crores.

The second reform, aimed at improving ease of doing business, required states to ensure that renewal of business-related licences under 7 Acts is made automatic, online and non-discretionary on mere payment of fees. Another requirement was implementation of a computerized random inspection system and prior notice of inspection to reduce harassment and corruption under a further 12 Acts. This reform (covering 19 laws) is of particular help to micro and small enterprises, who suffer the most from the burden of the ‘inspector raj’. It also promotes an improved investment climate, greater investment and faster growth. 20 states completed this reform and were allowed additional borrowing of Rs. 39,521 crores.

The 15th Finance Commission and several academics have emphasised the crucial importance of sound property taxation. The third reform required states to notify floor rates of property tax and of water & sewerage charges, in consonance with stamp duty guideline values for property transactions and current costs respectively, in urban areas. This would enable better quality of services to the urban poor and middle class, support better infrastructure and stimulate growth. Property tax is also progressive in its incidence and thus the poor in urban areas would benefit the most. This reform also benefits municipal staff who often face delay in payment of wages. 11 states completed these reforms and were granted additional borrowing of Rs. 15,957 crores.

The fourth reform was introduction of Direct Benefit Transfer (DBT) in lieu of free electricity supply to farmers. The requirement was for formulation of a state-wide scheme with actual implementation in one district on a pilot basis by year end. Additional borrowing of 0.15% of GSDP was linked to this. A component was also provided for reduction in technical & commercial losses and another for reducing the gap between revenues and costs (0.05% of GSDP for each). This improves the finances of distribution companies, promotes conservation of water and energy and improves service quality through better financial and technical performance. 13 states implemented at least one component, while 6 states implemented the DBT component. As a result, Rs. 13,201 crore of additional borrowings was permitted.

Overall, 23 states availed of additional borrowings of Rs. 1.06 lakh crores out of a potential of Rs. 2.14 lakh crores. As a result, the aggregate borrowing permission granted to states for 2020-21 (conditional and unconditional) was 4.5% of the initially estimated GSDP.

For a large nation with complex challenges as ours, this was a unique experience. We have often seen that for various reasons, schemes and reforms remain un-operational often for years. This was a pleasant departure from the past where the Centre & States came together to roll out public friendly reforms in a short span of time amidst the pandemic. This was made possible due to our approach of Sabka Saath, Sabka Vikas and Sabka Vishwas. Officials who have been working on these reforms suggest that without this incentive of additional funds, enactment of these policies would have taken years. India has seen a model of ‘reforms by stealth and compulsion’. This is a new model of ‘reforms by conviction and incentives’. I am thankful to all the states who took the lead in ushering in these policies amidst tough times for the betterment of their citizens. We shall continue working together for the rapid progress of 130 crore Indians.

Webinar on Understanding Complete Code of GST Litigation

RTCA/TCA is Organising Two Day Webinar with Dr (CA) Jatin Harjai to Understand the Complete Code of GST Litigation.

Speaker: Dr (CA Jatin Harjai)

Date and Time: 24 & 25th June (Evening 4-7 PM)

Link: https://us02web.zoom.us/j/5193972690

Meeting ID: 519 397 2690
Passcode: RTCA

Regards
Team RTCA/TCA

Summary of Circular No. 11 Issued by the CBDT on 21st June 2021

Under Sec 206AB and 206CCA, the Deductor has to verify if the Vendor has filed the Return of Income for the Previous 2 years. If not, a higher rate of TDS will be applicable for that particular Vendor. The Income Tax and CBDT have enabled a new feature and clarified as follows:

i) A New Feature called “Compliance Check for Sec 206AB & 206CCA”will be enabled on the IT Website.

ii) The IT Department has already compiled the list of persons who have complied with the provision, as before every compliance date (known as specified persons).

iii) The Deductor needs to check if the Vendor has complied by feeding the PAN Number.

iv) If it is confirmed the Vendor has complied, it is enough if the Deductor has noted the compliance once for each Financial Year. It _NEED NOT BE CHECKED BEFORE EACH TRANSACTION IF HE HAS COMPLIED.

v) Where a Vendor has not complied, the Deductor will check before each transaction as the Vendor will move out of the specified persons list only after compliance.

vi) Belated returns will also be valid compliances to be removed from the specified persons list if it is filed within the belated due date.

AAR Gujarat’s Judgement on Some Services Related to Gold [Read Judgement]

Case: Uday Laxman Jadhav (Legal name), Shree Ashapuri Touch Refinery (Trade Name). Dated: 14.10.2020

Query: What will be the applicable GST rate for the activity carried out by the applicant? (supply of Labour)

To Download the Judgement, Please Click Here

Free Certificate Course on International Taxation

Free Certification Course on INTERNATIONAL TAXATION SERIES

Association of Finance and Tax Professionals (AFTP) welcomes you all to a 4 day series on International Taxation.

CA Amarjit Chopra Ji, Past President of the ICAI will be our Guest of Honour and will grace the session with his presence.

An expert panel of CA Nitin Kanwar, CA Alok Gupta, CA Pankaj Saraogi, CA Karanjot Singh and CA Harshit Khurana will take the participants through various pressing issues around International Taxation and opportunities available for practicing Chartered Accountants.

Date: 26 June 2021 to 30 June 2021 (Sunday off)

Time: 05:00 to 07:00 PM

Register on

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Register on: bit.ly/3cSwFE7

As always, AFTP brings this course to you as no charge. Registration on first come first basis. REGISTER NOW !!

Regards,

CA Pitam Goel

Team AFTP

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All About Mobile App Launched by the Income Tax Department

With phones widely used, the department has claimed that new IT return e-filing portal and the new mobile app will be easy to use for taxpayers. It will help taxpayers to gather information like ITR form, pre-filled income tax details, Saral income tax facility, refund claim and other facilities. The mobile app has various other features like Locate a Tax Return Preparer near you, Tools for calculating your taxes, ASK IT – A ChatBot, Tax Gyaan – A Game; and a lot more. How to Install

  • Give a missed call on +91-7306 52 52 52
  • The Department will SMS the installation link 

Install it from the Portal

35th & 36th Weekly Corporate Affairs Newsletter

“Knowledge is of no value unless you put it into practice”.

We thought it would help to give you a sense of what’s available to you by subscribing to this 35th & 36th  WEEKLY CORPORATE AFFAIRS Newsletter-

·  SEBI Updates

·  MCA Updates

·  RBI Updates

·  IBC Law Updates

·  Labour Law Updates

·  PRESS Information

·  IPO & Investment Section

·  IRDAI (Insurance Sector) Updates

·  Department of Telecommunication 

·  MSME Updates

·  Competition Commission of India

·  Current Affairs

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We have been thrilled with the amazing response we received from our passionate community of readers and fellow professionals and are pleased to share our 35th & 36th Newsletter Editions – “Weekly Corporate Affairs  Newsletter, Vol-35 & 36” (from  02nd June, 2021 to 17th June, 2021 ) with you all. We’re excited to help you get the most from this newsletter.

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AAR Gujarat’s Judgement on Services Provided by Way of Appointing Doctors, Nursing Staffs etc [Read Judgement]

Case: Sparsh OHC Manpower Services. Dated: 30.07.2020

Query: Specified services i.e. appointing Doctors, Nursing Staffs, and Ambulances and relating administrative services etc. covered under GST, whether it falls in the category of taxable or exempted services?

Ruling by AAR: In view of the above discussion, services provided by the applicant fall under the category of taxable services.

To Download the Judgement, Please Click Here

Accumulated Savings are Acceptable Reason u/s 69A for Cash Deposit upto Rs 2.5 Lacs by Housewives under Demonetization: ITAT

Agra ITAT upholds cash deposit of Rs. 2.11 lacs into bank account during demonetisation period by the Assessee-individual for AY 2017-18; Assessee is a housewife having no source of income and claimed that the cash deposited into the account are sourced from her earlier years savings.

During scrutiny, Revenue made the addition of Rs. 2.11 Lacs u/s 69A r.w.s. 115BBE on the belief that a person having no source of income cannot accumulate such amount, which was further upheld by National Faceless Appeal Centre.

ITAT accepts Assessee’s submission that due to the declaration made by the Prime Minister followed by a CBDT public notice dated November 18, 2016 if the deposits made by housewives were upto Rs.2.5 lacs, Revenue could not probe such deposits. Also, ITAT takes note of Instruction No. 03/2017 dated Feb 21, 2017 listing the guidelines for verification of cash deposit during demonetization.

ITAT remarks that Government of India considered various aspects of a women’s life in India while issuing the CBDT notice giving exemption to bank deposits upto Rs.2.5 Lacs by individual or housewives having no business income. Further, analyses Section 69A and states that the Revenue did not bring any document/ evidence on record to show that the Assessee was having any income from any other source and the section requires that money or other asset must be ‘found’ and the Assessee is found to be the owner of the same.

Thus, ITAT holds that since Assessee duly explained the source of deposit, it is for the AO to bring on record some cogent evidence to prove the amount deposited in the bank was undisclosed income arising from the business or from any other activities.

Ruling by AAR Gujarat on Grinding of Plastic Material [Read Judgement]

Case: Manishbhai Champakbhai Mehta. Dated: 30.07.2020

Query: What is the HSN code of grinding of plastic material and what is the tax rate of said goods?

Ruling by AAR: HSN code of grinding of plastic depends upon the type of polymers in primary forms of the heading 3901 to 3914 and GST rate would be 18% {9% CGST+ 9% SGST} as per the entry No. 100 and 101 of Notification No. 01/2017-CT (Rate) dated 28.06.2017.

To Download the Judgement

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Weekly Taxation Newsletter

Newsletter Contents:

  • Upcoming Due Dates
  • Weekly Departmental updates
  • Important Notifications & Circulars
  • Important Case-laws
  • International Taxation Corner (ITC)
  • Knowledge bucket for NRI
  • Brain Bites- Do you Know?

Think before you speak. Read before you think.

– Fran Lebowitz

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18% GST will be Charged on Labour Supply if the Registered Person Does Not Meet the Criteria of Pure Agent: AAR Gujarat [Read Judgement]

Case: Bhadresh Kumar Rameshchandra Dave. Dated: 14.10.2020

Query: What will be the applicable GST rate for the activity carried out by the applicant?

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Ruling by AAR: In view of the above discussion GST rate for the activity carried out by the applicant i.e. supply of labour would be 18% {CGST-9% +SGST-9%} in terms of Sr. No. 23 of Notification No. 11/2017-CT (Rate) dated 28.06.2017.

To Download the Judgement

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CBIC has issued various Circulars on Various Issues on 17-06-2021 pursuant to the decision taken in 43rd GST Council Meeting

Short Background and Analysis:

  1. Circular No. 149/05/2021-GST Applicability of GST on supply of food in Anganwadis and Schools- Anganwadis to be part of pre-school whether or not sponsored by govt. grant. The same shall be duly covered by Entry 66 clause (b)(ii) of NN-12/2017-CT (R) dated 28-06-2017.
  2. Circular No. 150/06/2021-GST Applicability of GST on the activity of construction of road where considerations are received in deferred payment (annuity)- As recommended by the GST Council, it is hereby clarified that Entry 23A of NN-12/2017-CT(R) does not exempt GST on the annuity (deferred payments) paid for the construction of roads.
  3. Circular No. 151/07/2021-GST GST on supply of various services by Central and State Board (such as National Board of Examination)-

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(i) GST is exempt on services by Central or State Boards or NBE of conduct of exam including entrance exam vide S. No. 66 (aa) of NN-12/2017-CT(R).

(ii) GST is also exempt on input services relating to admission, exam, such as online testing service, result publication, the printing of notification for examination, admit card & questions papers, etc, vide S. No. 66 (b) (iv) of NN-12/2017-CT(R).

(iii) GST @ 18% applies to other services provided by such Boards, such as accreditation to an institution or to a professional to authorize them to provide their respective services.

  1. Circular No. 152/08/2021-GST Rate of tax applicable on construction services provided to a Government Entity, in relation to construction such as of a Ropeway on turnkey basis. It is has been clarified that works contract service provided by way of construction such as of ropeway shall fall under S. No. 3(xii) of NN-11/2017-CT(R) and attract GST at the rate of 18% and not 12%.
  2. Circular No. 153/09/2021-GST GST on milling of wheat into flour or paddy into rice for distribution by State Governments under PDS- The said supply is not eligible for exemption in S.No. 3A of NN-12/2017-CT (R) dated 28-06-2017 if the value of goods supply in such a composite supply exceeds 25%, then GST will be 5% provided to a registered person by a job worker. (entry S.No. 26 of NN-12/2017-CT (R) dated 28-06-2017.
  3. Circular No. 154/10/2021-GST GST on service supplied by State Govt. to their undertakings or PSUs by way of guaranteeing loans taken by them such service is specifically exempt under S.No. 34A of NN-12/2017-CT (R) dated 28-06-2017.
  4. Circular No. 155/11/2021-GST Clarification regarding GST rate on laterals/parts of Sprinklers or Drip Irrigation System. GST rate on these items and related components shall be 12% and for any other components, respective rate notification shall be referred.

PS: This is just a small summary or gist of these circulars for detailed analysis please go through the circular attached herewith.

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NEW TDS PROVISION ON PURCHASES OF GOODS- FROM 1ST. July 2021

NEW TDS PROVISION ON PURCHASES OF GOODS-194 Q – ANALYSIS OF SECTION 194Q

A new provision of TDS is coming into force on the purchase of “goods” with effect from 1st July 2021

Read Pdf

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State Wise List of A&H Centres for Hallmarking of Gold Jewellery

Under Hallmarking scheme of Bureau of Indian Standards, Jewellers are registered for selling hallmarked jewellery and recognise testing and hallmarking centres. BIS (Hallmarking) Regulations were implemented w.e.f. 14.06.2018. Hallmarking will enable Consumers i.e. Jewellery buyers to make a right choice and save them from any unnecessary confusion while buying gold.

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The Hallmarking of jewellery/artefacts has been required to enhance the credibility of gold Jewellery and Customer satisfaction through third party assurance for the marked purity/fineness of gold, consumer protection. This step will also help to develop India as a leading gold market centre in the World.

It is to be noted that there has been 25% increase every year in A&H centres in the last five years. The numbers of A&H centres have increased from 454 to 943 in the last five years. At present 943 Assaying and Hallmarking centres are operative. Out of this 84 AHCs have been setup under Govt. subsidy scheme in various Districts.

To Download the List of State Wise A&H Centres, Please Click Here

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Virtual Course on Standards of Auditing

Join Virtual course: Standards of Auditing

Dates: 24, 25, 26 & 27 June

Time: 3 PM to 5.30 PM

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  • 23 SA Covered by expert faculties

     

  • Case study competition under expert’s guidance

  • Access to recorded sessions for re-study

  • Course completion Certificate

Register: https://t.co/fHzSZFLmyW

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Services Provided by an Indian Firm to Foreign Firm as an Intermediary will be Liable to CGST+SGST Instead of IGST: AAR Gujarat [Read Judgement]

Case: M/s Sagar Powertex Private Limited Clause(s) of Section 97(2) of CGST/GGST Act, 2017, under which the question(s) raised: (e) determination of the liability to pay tax on any goods or services or both. Ruling Sought for: M/s. Sagar Powertex Pvt. Ltd., Sagar House, Indian Red Cross Society, Nr. Old Vadaj Circle, Ashram Road, Ahmedabad

 

-380013 having a GSTIN: 24AADCS0473P1Z3, is a company filed an application for Advance Ruling under Section 97 of CGST Act, 2017 and Section 97 of the GGST Act, 2017 in FORM GST ARA-01 discharging the fee of Rs. 5,000/- each under the CGST Act and the GGST Act. Question: In the said transaction, whether IGST is applicable or CGST+ SGST is applicable? Ruling by AAR: In view of the above discussion, applicant is liable to payment of CGST and SGST for the services provided as an “intermediary”. To read complete facts of the case, 

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Mandatory Hallmarking of Gold Jewellery Comes into force from 16th June 2021. Know the Decisions Taken by the Government

Mandatory Hallmarking of Gold Jewellery is going to come into force from tomorrow, 16th June, 2021.

Based on extensive consultations with stakeholders, following decisions were taken-

  1. Hallmarking will be initially be starting from.256 districts of the country which have Assaying marking centres.
  2. Jewellers with annual turnover upto Rs. 40 lac will be exempted from mandatory Hall Marking.
  3. Export and re-import of jewelry as per Trade Policy of Government of India – Jewellery for international exhibitions, jewellery for government approved B2B domestic exhibitions will be exempted from mandatory Hall Marking.
  4. Gold of Additional carats 20, 23 and 24 will also be allowed for Hall Marking.
  5. Watches, fountain pens and special types of jewellery viz. Kundan, Polki and Jadau will be exempted from Hall Marking.
  6. Jewellers can continue to buy back old gold jewellery without hallmark from consumer.
  7. In order to give adequate time to the manufacturers, wholesalers and retailers of Gold Jewellery, there would be No penalties till August end.

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Old jewellery can be got hallmarked as it is, if feasible by the jeweller or after melting and making new jewellery.

A committee constituting of representatives of all stake holders, revenue officials and legal experts will.be formed to look into the issues that may possibly emerge during the implementation of the scheme.

Shri Goyal said that constructive suggestions are always welcome and implementation should be effective.  It may be noted that Hallmarking of Gold Jewellery was earlier set to begin from 15th June 2021.

Under Hallmarking scheme of Bureau of Indian Standards, Jewellers are registered for selling hallmarked jewellery and recognise testing and Hallmarking centres. BIS (Hallmarking) Regulations, were implemented w.e.f. 14.06.2018. Hallmarking will enable Consumers/Jewellery buyers to make a right choice and save them from any unnecessary confusion while buying gold. At present, only 30% of Indian Gold Jewellery is hallmarked.

The Hallmarking of jewellery/artefacts is required to enhance the credibility of gold Jewellry and Customer satisfaction through third party assurance for the marked purity/fineness of gold , consumer protection. This step will also help to develop India as a leading gold market center in the World.

It is to be noted that there has been 25% increase in A&H centers in the last five years. The number of A&H centers have increased from 454 to 945 in the last five years. At present 940 Assaying and Hallmarking centers are operative. Out of this 84 AHCs have been setup under Govt. subsidy scheme in various Districts.

Presently A&H Centre’s can hallmark 1500 articles in a day, the estimated hallmarking capacity of A&H Centre’s per year are 14 crore articles (Assuming 500 articles per shift &300 working days.

According to World Gold Council, India has around 4 lakh jewellers, out of this only 35879 have been BIS certified.

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Unique Webinar on Right To Information Act, 2005 (RTI)

Unique Webinar on Right To Information Act, 2005 (RTI)

Date: 18th June 2021

Time: 6 PM to 8 PM

Coverage :

✏ Overview of RTI Act

✏ History of the Act

✏ Important Definitions

✏ What is Information?

✏ What is Right to Information?

✏ Where RTI can be Filed?

✏ Who can file RTI?

✏ Drafting of RTI

✏ Drafting and Case Studies in Relation to Income Tax, GST, Companies Act Etc.

Guest Speakers :
🎤 Adv. (CA.) Nipun Singhvi,
RTI, Social and Financial Activist with Rrich Experience of filing 500+ RTI in span of over 15 years

🎤 CA. Mahadev Birla,
13+ Years of Experience

Keynote Speaker :
🎤  CA. Durgesh Kabra,
CCM, ICAI

Fee Registration Link………

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Free Registration: http://tiny.cc/RTIAct

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Special Webinar on Recent Issues and Developments in GST

Tax Bar Association, Jodhpur is inviting you to a scheduled Zoom meeting.

Topic: GST- Recent Issues And Developments (01.01.2021 to 15.06.2021)
Time: Jun 16, 2021 05:00 PM

Speaker: CA Rajesh Kumar Khandelwal, Faridabad

Join Zoom Meeting: https://us02web.zoom.us/j/88081390803?pwd=aWhTVXdIdDdZNm91UWlkdVR2SXYxUT09

Meeting ID: 880 8139 0803
Passcode: 485959

15 Point Summary of New Income Tax E-filing Portal

(1.) The new IT Portal gets information/ data/ linkages from various other authorities such as BANKS, CIBIL, CAMS, TRACES, CDSL, IRDA, GSTN, STOCK EXCHANGES.

It is possible that the data obtained from above will be soon appearing in Form 26AS.

(2.) It is likely that for faster refunds, there would be automatic 18-20 validation stages/ model wherein if the assessee passes through it refund would be issued.

(3.) Figures of following will be appeared:I

NSURANCE PREMIUMB/ ANK INTEREST

SALE/ PURCHASE OF SECURITIES/ PPF CONTRIBUTIONS.

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(4.) PAN application will soon be online without any additional charges. An E-PAN can be downloaded.

(5.) Going forward it seems that they would have an option on the portal that a person can view whether other person has filed his IT return or not.

(6.) Going forward the new portal will also verify whether PAN Number is correct or not. This may reduce TDS notices for wrong PAN’s.

(7.) Authorised Person can be assigned by the assessee.

(8.) A transaction ID will be generated when CAs accept the Form 15CB and will also receive an email. Do keep a record of it.

(9.) All the manual Form 15CA/ 15CB will have to be filled online on portal at a later stage when the website permits.

(10.) Since the new portal has an option of TDS/ TCS deductor and collector it seems that TRACES website will be done away wilth going forward.

(11.) Though Traces and IT Portal are linked, you will be able to file TDS Returns for Q4. If not it is advised to file offline.

(12.) Please download new DSC Management Utility from the new portal.

(13.) A nice summary of last 8 years IT Returns filed can be downloaded in excel file.

(14.) Based on PAN No, various applicable IT Forms will be appeared, however if any form is applicable and not appearing on the tab due to upgradation it is advised to raise Grievance.

(15.) E-Proceedings, DSC Registration and re-registration option for Trusts (12AA, 80G, etc.) is presently not functional and there are still many challenges on the new IT portal such as data not being saved, mismatch of data based on Aadhar and Pan, Authorised Representative (legal heir), UDIN Updates, etc.

On a positive note:

A great Data Analytics measure initiated by the Finance Ministry.

Be Patience as Change is Inevitable.

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Rule 4 of The Companies (Meeting of Board and its Powers) Rules, 2014

Deals with Matters Not to be Dealt With in a Meeting Through Video Conferencing or Other Audio Visual Means
Omitted via this amendment

  • With the said amendment, restriction on agenda items to be transacted only at physical meeting of Board of Directors are done away with.
  • With MCA Amendment 15th June, 2021. Now following resolution can be passed through Video Conference mode:-

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(i) the approval of the annual financial statements;
(ii) the approval of the Board’s report;
(iii) the approval of the prospectus;
(iv) the Audit Committee Meetings for consideration of financial statement including consolidated financial statement, if any, to be approved by the Board under sub-section (1) of section 134 of the Act;* *and
(v) the approval of the matter relating to amalgamation, merger, demerger, acquisition and takeover.

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