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TAX CONNECT – 51 st
Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 1 Chartered Accountants
TAX CONNECT
51st
Issue
17 Jan 2016 – 23 Jan 2016
INCOME TAX
CENTRAL EXCISE SERVICE TAX
GST
CUSTOMS
STATE TAXES
JAV & ASSOCIATES
Chartered Accountants
Head Office:
1, Old Court House Corner
^Toao House_ 1 st
Floor
Room No.-13 (North)
Kolkata-70001
West Bengal
Branch Office:
Quarter no. 3/174
Gujarat Refinery Township
Jawaharnagar
Vadodara-391320
Gujarat
Contact:
+919331042424; +91931594980;
+918697575185; +913322625203 Email:
tb.chatterjee@dic.co.in;
tb.chatterjee@yahoo.co.in;
cavivekjalan@gmail.com; vivek.jalan@icai.org
TAX CONNECT – 51 st
Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 2 Chartered Accountants
Friends,
In GST, the Goods & Service Tax Network (GSTN) has
released a publication on GST Eco Systems and GST
Service Providers (GSP). As we all know that GSTN shall
work in GST almost in the same way as NSDL is working
in Income tax. This documents provides a good
understanding on the Application Programme Interface
(API) systems & the Eco Systems which GSTN will work
wi th. Further it is also provides an opportunity to
become enrolled as GSPs . Present Accounting &
Accounting software concerns should seize this
opportunity to be a part of the biggest Tax reform in
the country. Also this can be a good opportunity for
start ups.
In Excise & Service Tax, a step towards expediting
refunds has been taken by the CBEC by issuing General
Guidelines w.r.t. e-payment of refund/rebate vide
Circular No. 1013/1/2016-CX dated 12thJan,2016.
While this is a positive step, yet the greater area of
concern is the attitude & pace of the sanctioning of
refunds and the related harassments and costs
thereto. While Income Tax has to a great extent eased
the process, in Indirect Tax refunds still remains an
area of concern.
A brief of the prescribed procedure for e-payment of
refund/rebate is as follows -
I . E.PAYMENT THROUGH AUTHORIZED BANKS
a. The Commissioner after obtaining
concurrence from authorized banks shall
authorize the refund sanctioning authorities to
make e-payment of refund/rebate.
b. The banks may charge the refund
applicant claimant fee for remitting the refund
amount through RTGS/NEFT and the claimant
would get only the net amount.
II. PROCEDURE FOR E-PAYMENT
Detailed procedure to be followed by the claimant and
the refund sanctioning authority for e-payment have
been laid down in the circular in prescribed format.
III. PROCEDURE FOR RECONCILIATION
Detailed procedure to be followed by the banks and
the refund sanctioning authority for reconciliation of
payment made through RTGS/NEFT to the claimant
have been laid down in the circular along with the
prescribed format.
In PF, the 5 day grace period in respect of payment of
provident fund contribution by employers has been
removed. The Employee Provident Fund Organization
(EPFO) brought out a circular to this effect which shall
come into force from February 2016. The reason
behind this decision was due to ease in calculations and
deposition of challan online which has reduced the
entire process.
Just to reiterate that we remain available over a
telecom or e-mail.
Truly Yours
Timir Baran Chatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
Vivek Jalan
FCA, CIDT (ICAI), B. Com
EDITORIAL
TAX CONNECT – 51 st
Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 3 Chartered Accountants
S.
NO. TOPICS
PAGE
NO.
1] COMPLIANCE CALENDAR 4
2]
GOODS & SERVICE TAX (GST) - REPORT OF SUB COMMITTEE - II ON MODEL GST ACT, 2016 – LEVY &
COLLECTION OF TAX : : VALUE OF SUPPLY OF GOODS & SERVICES 5
3] CENTRAL TAXES
a) SERVICE TAX 6
Case Law If a person is discharging service tax liability from his registered premises, th e benefit of cenvat credit on
the service tax paid by the service provider cannot be denied, only on the ground that the invoices are
in the name of branch offices which were not separately registered. Case Law Courtesy services or assistance rendered by the service provider to the se rvice receiver beyond the
scope of the contractual obligations shall not be included in the taxable value of services.
b) CENTRAL EXCISE 7
Notification/Circular Implementation of e-payment of refund/ rebate
Case Law Charges towards training provided to the customer's staff is not includab le in the assessable value.
Case Law Cash discounts for prompt payment of price of goods on delivery, are admi ssible in arriving at the
assessable value if they are available to all buyers.
c) CUSTOMS 8
Notification/Circular Deeper tariff concessions in respect of specified goods imported from Korea RP under the India-Korea
Comprehensive Economic Partnership Agreement (CEPA) w.e.f. 01.01.2016
Notification/Circular Export duty on Iron ore pellets reduced to Nil rate from 5%
Notification/Circular Rescinding Notification No. 09/95-Customs dated 06.03.1995: Exemption to specified goods w hen
Notification/Circular Revision of Exchange Rate of Foreign Currencies into Rupee & vice versa
d) INCOME TAX 9
Case Law Interest income on the fixed deposits kept for arranging bank guarantees in the formative/pre-operative
period of the business shall not be treated as surplus funds utilized for earning additional interest
ivoue avd uade liale to tauvder the head ^Ivoue frou other soures_ ut set o ff agaivst the pre-
operative expenses.
Case Law In the case of trust or institution, if the dominant/primary purpose is chari table, another object which
by itself may not be charitable, would not prevent the trust or institution from being a valid charity.
4] STATE TAXES 10
Notification/Circular
Andhra Pradesh: Order regarding passing on the Purchase Tax amount of Rs.60/- per M.T. to the cane
growers as Incentive for 2014-2015 crushing season
Delhi: Filing of Form GE-I and GE-II by Government Entity
Karnataka: Submission of statement in Form VAT-125 containing particulars of tax deducted during
preceding month electronically
Rajasthan: Amendment in Rajasthan Investment Promotion Scheme - 2014
West Bengal: Amendment in WBVAT Schedule A and Schedule C regarding Solar devices
INDEX
TAX CONNECT – 51st Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 4 Chartered Accountants
Due date COMPLIANCES FROM 10th January, 2016
to 16th January, 2016
STATUTE
20 th January,
2016
Deposit of VAT of previous month Andhra Pradesh VAT Act , Chandigarh VAT Act
Karnataka VAT Act, Punjab VAT Act (if payment by cheque)
Tamil Nadu VAT Act , Uttar Pradesh VAT Act
Uttarakhand VAT Act , Manipur VAT Act
Goa VAT Act (if Tax> or = Rs. 1 lac)
Filing of monthly/quarterly
VAT return
Andhra Pradesh VAT Act (Monthly)
Karnataka VAT Act (Monthly)
Tamil Nadu VAT Act(Monthly)
Uttar Pradesh VAT Act (Monthly)
Uttarakhand VAT Act (Quarterly),
Punjab VAT Act (Monthly, if payment is through cheque)
Manipur VAT Act (Monthly, if Turnover in PY is > Rs. 40 lacs)
Manipur VAT Act (Quarterly, if Turnover in PY is < Rs 40 lacs)
Deposit of P T ax of previous month Karnataka VAT Act, West Bengal VAT Act
Deposit of Entry tax of previous month Andhra Pradesh VAT Act, Karnataka VAT Act
Uttar Pradesh VAT Act, Uttarakhand VAT Act
Deposit of WCT of previous month Andhra Pradesh VAT Act, Karnataka VAT Act
Tamil Nadu VAT Act , Uttar Pradesh VAT Act
Uttarakhand VAT Act, Goa VAT Act (if Tax> or = Rs. 1 lac)
Filing of monthly/quarterly WCT return Karnataka VAT Act (Monthly)
Uttarakhand VAT Act (Quarterly)
Issuance of WCT certificate Uttar Pradesh VAT Act
Manipur VAT Act
21st January,
2016
Deposit of VAT of previous month Assam VAT Act, Delhi VAT Act,
Maharashtra VAT Act, Odisha VAT Act ,
Nagaland VAT Act
Meghalaya VAT Act
Filing of monthly/quarterly VAT return Assam VAT Act (Monthly),
Maharashtra VAT Act (Monthly),
Odisha VAT Act (Monthly),
Meghalaya VAT Act (Monthly)
Deposit of WCT of previous month Maharashtra VAT Act
Deposit of Entry tax of previous month Odisha VAT Act, West Bengal VAT Act
Deposit of Ptax of previous month Odisha VAT Act
22nd January,
2016
ESI deposit of previous month ESI Act
Deposit of VAT of previous month Gujarat VAT Act
Deposit of WCT of previous month Gujarat VAT Act
Issuance of WCT certificate Delhi VAT Act
Deposit of Entry tax of previous month Gujarat VAT Act
COMPLIANCE CALENDAR
TAX CONNECT – 51st Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 5 Chartered Accountants
REPORT OF SUB COMMITTEE - II ON MODEL GST ACT,
2016 – MANNER OF TAKING INPUT TAX CREDIT AND ITS
UTILIZATION
CHAPTER IV of the model GST Act deals with the
manner of input tax credit (ITC) and utilization thereof: (1) Every taxable person shall be entitled to take credit
of input tax for payment of output tax to the
appropriate Government.
(2) Where the goods and/or services are used by the
taxable person:
- for both business and other purposes: ITC shall be
restricted tax to tax attributable to business
purpose.
- for effecting both taxable supplies and non-taxable
supplies (including exempt supplies but excluding
zero-rated supplies): ITC shall be restricted tax to
tax attributable to the taxable supplies including
zero-rated supplies.
(3) Utilization of ITC
- ITC on account of IGST shall first be utilized for
payment of IGST, then SGST and finally CGST
- ITC on account of CGST shall first be utilized
towards payment of CGST and then IGST.
- ITC on account of SGST shall first be utilized
towards payment of SGST and then IGST.
- ITC on account of CGST shall not be utilized
towards payment of SGST and vice versa
(4) Unadjusted credit at the end of the year can be
carried forward or claimed as refund as per section
22 of the Act . Where any refund is due to a taxable
person who has defaulted in furnishing any return or
who is required to pay any tax or penalty not been
stayed by any Court, Tribunal or Appellate Authority,
the proper officer may withhold refund payment or
deduct tax due from the refund due.
(5) No ITC shall be available unless the taxable person is
in possession of a tax invoice issued by a supplier
registered under this Act or the IGST Act and the tax charged has been paid to the appropriate
Government.
(6) On sale, merger, demerger, amalgamation, lease or
transfer of the business with the specific provision
for transfer of liabilities, the taxable person shall be
allowed to transfer the input tax credit that remains
unadjusted in its books of accounts to such
transferred, sold, merged, demerged, leased or
amalgamated business in the manner prescribed.
(7) ITC shall not be available in respect of the following:
(a) motor vehicles, except when they are supplied in the
usual course of business or are used for
transportation of passenger, goods or imparting
training on motor driving skills
(b) HSD oil, petrol, aviation turbine fuel, petroleum
crude oil and aviation gasoline
(c) goods or services provided in relation to outdoor
catering, beauty treatment, health services, cosmetic
and plastic surgery, membership of a club, health
and fitness centre, life insurance, health insurance
and travel benefits to employees, when such goods
and/or services are used primarily for personal use
or consumption of any employee
(d) goods and/or services acquired by the principal in
the execution of works contract when such contract
results in construction of immovable property, other
than plant and machinery
(e) goods acquired by a principal, the property in which
is not transferred (whether as goods or in some
other form) to any other person, which are used in
the construction of immovable property, other than
plant and machinery
(f) goods and/or services on which tax has been paid
under section 8 of the Act
(g) goods and/or services consumed for personal
purpose.
GOODS & SERVICE TAX (GST)
TAX CONNECT – 51st Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 6 Chartered Accountants
SERVICE TAX
COURT DECISIONS
GAIL INDIA LTD. VERSUS COMMISSIONER OF CENTRAL
EXCISE AND SERVICE TAX, LTU, NEW DELHI E [CESTAT
NEW DELHI]
BRIEF: If a person is discharging service tax liability fr om
his registered premises, the benefit of cenvat credit on
the service tax paid by the service provider cannot be
denied, only on the ground that the invoices are in the
name of branch offices which were not separately
registered.
OUR COMMENTS: The assessee is in the business of
natural gas to industrial and other consumers. One of its
unit was providing the taxable output service of supply of
goods through pipeline to local consumers and others
from piplelines at various other destinations. It also had
various compressor stations supplying output service of
conveyance of gas. It took cenvat credit on the basis of
invoices raised by one of its compressor stations which
was not registered separately .
The Department issued a show cause notice proposing
denial of cenvat credit along with interest and penalties.
The Hov’le CE“TAT held that if a person is discharging
service tax liability from his registered premises, the
benefit of cenvat credit on the service tax paid by the
service provider cannot be denied, only on the ground
that the invoices are in the name of branch offices which
were not separately registered.
Accordingly, the impugned order was unsustainable and
quashed.
[Decided in favor of assessee]
CST, CHENNAI - I VERSUS M/S. J.M. BAXI & CO.
[CESTAT CHENNAI]
BRIEF: Courtesy services or assistance rendered by the
service provider to the service receiver beyond the
scope of the contractual obligations shall not be
included in the taxable value of services.
OUR COMMENTS : In the above case, the assessee is
registered in the category of steamer agent and pays
service tax on the service charges collected from their
customers (shipping lines) accordingly. It also incurs
additional expenditure towards arranging drinking water,
garbage clearance, transport for crew etc. The shipping
line reimburses these expenses to the assessee and the
same does not form part of the service charges. The
charges for providing steamer agent services are
collected separately and service tax is being paid on the
said amount.
The Department contended that sum reimbursed by the
shipping lines against additional expenditure incurred by
the asessee should be included in the value of taxable
services.
The Hov’le CE“TAT held that the additional expenditure
incurred by the assessee are only courtesy services or
assistance rendered to shipping lines, beyond the scope
of any contractual obligations. The assesee is the ship’s
conduit in the port of call for contracted steamer agency
service. There can arise requests for assistance for the
ship o r her offiers, ov issues vot related to ship’s
husbandry or booking etc. of cargo. And, because of
ongoing relationship with the shipping line, the steamer
agents extend such assistance.
Therefore, the value reimbursed thereof is not required
to be added to the value of taxable services and hence
no tax liability will arise on such value.
[Decided in favor of assessee]
CENTRAL TAXES
TAX CONNECT – 51st Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 7 Chartered Accountants
CENTRAL EXCISE
NOTIFICATIONS/CIRCULARS
GENERAL GUIDELINES FOR IMPLEMENTATION OF
E-PAYMENT OF REFUND/ REBATE
OUR COMMENTS
:
The Dept. of Revenue, Ministry of
Finance, Government of India vide Circular No.
1013/1/2016- CX dated 12.01.2016 has prescribed
guidelines for implementation of e-payment of refund/
rebate in order to speed up the transfer of the fund
directly to the beneficiary's bank account after sanction
of the refund/rebate claim and thereby promote ease of
doing business.
This circular is self-explanatory. The readers may refer
the said circular.
COURT DECISIONS
AQUARIUS TECHNOLOGIES PVT. LTD. VERSUS
COMMISSIONER OF CENTRAL EXCISE, PUNE [CESTAT
MUMBAI]
BRIEF: Charges towards training provided to the
customer's staff is not includable in the assessable
value.
OUR COMMENTS : The assessee is an SSI unit engaged in
the manufacture and sale of machines, mechanical
appliances and parts thereof. The customer of the
assessee is at liberty to get their staff trained from the
assessee or not. Thus, these charges are not recovered
from every customer. The charges on account of training are separately shown in the invoices wherever charged
and recovered.
The Departuevt’s ovtevt ion is that these training
charges should be included in the assessable value for
the purpose of imposition of excise duty.
The Hov’le CE“TAT held as per the concept of
transaction value, any charges in connection with the
manufacture, marketing, selling of excisable goods shall
form part of the assessable value.
In this case, training provided to the customer's staff has
no nexus with the activity of manufacturing, sale or
marketing of the product and it does not enrich the value
of their products.
Therefore, training charges are not includable in the
assessable value.
[Decided in favour of the assessee]
M/S SARADA PAPERS LTD. VERSUS COMMISSIONER OF
CENTRAL EXCISE, NASHIK [CESTAT MUMBAI]
BRIEF: Cash discounts for prompt payment of price of
goods on delivery, are admissible in arriving at the
assessable value if they are available to all buyers.
OUR COMMENTS : In the above case, the assessee give s
his customers discount for prompt payment i.e. they
charge a lesser price for cash sale, but higher price for
credit sale.
The Revenue puts up a case that the assessee has not
passed the cash discount to the customers but deducted
the quantum of cash discount from the assessable value
at the time of clearance. It contended that cash discount
which is not passed on to the customers is to be included
in the assessable value.
The Hov’le CE“TAT referred to the Central Board of
Excise and Customs Bulletin for the period January-
March, 1975 in which the Board laid down:-
"Cash Discounts
That is, discounts for prompt payment of price of goods
on delivery, are admissible in arriving at the assessable
value if they are available to all buyers. This aspect has
been dealt with in detail under the heading "price".
"…“oue assessee ua give to all his urs ash
discount, that is a discount for prompt payment. In other
words, they charge a somewhat lesser price where there
is cash payment, but charge a higher price (i.e. without
deduction of the cash discount) if the payment is not
made in cash. In such cases, the cash discount, if allowed,
will be admissible on the principle that only the net price
obtained after deduction of the cash discount is the price
of the goods."
Accordingly, Cash discounts for prompt payment of price
of goods on delivery, are admissible in arriving at the
assessable value if they are available to all buyers.
[Decided in favour of the assessee]
TAX CONNECT – 51st Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 8 Chartered Accountants
CUSTOMS
NOTIFICATIONS & CIRCULARS
DEEPER TARIFF CONCESSIONS IN RESPECT OF SPECIFIED
GOODS IMPORTED FROM KOREA RP UNDER THE INDIA-
KOREA COMPREHENSIVE ECONOMIC PARTNERSHIP
AGREEMENT (CEPA) W.E.F. 01.01.2016
OUR COMMENTS
:
The Dept. of Revenue, Ministry of
Finance, Government of India vide Notification No.
60/2015 – Customs dated 30.12.2015 has amended
N otification No. 152/20 09-Customs dated 31.12.2009
and provided deeper tariff concessions in respect of
specified goods imported from Korea RP under the India-
Korea Comprehensive Economic Partnership Agreement
(CEPA) w.e.f. 01.01.2016.
The notification is self-explanatory. The readers may
refer the said notification.
EXPORT DUTY ON IRON ORE PELLETS REDUCED TO NIL
RAT E FROM 5%
OUR COMMENTS :
The Dept. of Revenue, Ministry of
Finance, Government of India vide Notification No.
01/2016 – Customs dated 04.01.2016 has reduced the
export duty on Iron ore pellets from 5% to Nil rate.
RESCINDING NOTIFICATION NO. 09/95-CUSTOMS
DATED 06.03.1995 : EXEMPTION TO SPECIFIED GOODS
WHEN IMPORTED INTO INDIA FROM THE UNION OF
MYANMAR
OUR COMMENTS :
The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.
03/2016-Customs dated 11.01.2016 has rescind ed
Notification No. 09/95-Customs dated 06.03.1995
Exemption to specified goods when imported into India
from the Union of Myanmar, except as respects things
done or omitted to be done before such rescission.
REVISION OF EXCHANGE RATE OF FOREIGN CURRENCIES
INTO RUPEE & VICE VERSA
OUR COMMENTS :
The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.
02/2016-Customs (N.T.) dated 07.01.2016 & in
supersession of Notification No. 144/2015-Customs (N.T.) dated 17.12.2015
has revised the exchange rate
of foreign currencies specified in col.(2) of each of
Schedule I and Schedule II annexed hereto, into Indian
currency or vice versa, w.e.f. 08.01.2016 to be the rate
mentioned against it in the corresponding entry in
column (3) thereof, for the purpose of the said section,
relating to imported and export goods.
SCHEDULE-I
Sl. No Foreign Currency Rate of exchange of one unit
of foreign currency equivalent
to Indian rupees
(1) (2) (3)
(a) (b)
(For
Imported
Goods)
(For Export
Goods)
1. Australian Dollar 47.70 46.50
2. Bahrain Dinar 182.95 172.40
3. Canadian Dollar 48.00 46.95
4. Danish Kroner 9.85 9.55
5. EURO 73.35 71.55
6. Hong Kong Dollar 8.70 8.55
7. Kuwait Dinar 226.45 213.95
8. New Zealand Dollar 45.00 43.80
9. Norwegian Kroner 7.60 7.40
10. Pound Sterling 98.95 96.80
11. Singapore Dollar 47.15 46.10
12. South African Rand
(w.e.f 08.01.2016)
South African Rand
(w.e.f 13.01.2016)
4.30
4.10
4.10
3.85
13. Saudi Arabian Riyal 18.35 17.35
14. Swedish Kroner 7.90 7.70
15. Swiss Franc 67.60 65.90
16. UAE Dirham 18.75 17.70
17. US Dollar 67.45 66.40
18. Chinese Yuan 0.25 10.05
SCHEDULE- II
Sl. No Foreign Currency Rate of exchange of 100 units
of foreign currency equv. to
Indian rupees
(1) (2) (3)
(a) (b)
(For
Imported
Goods)
(For Export
Goods)
1. Japanese Yen 57.30 56.05
2. Kenya Shilling 67.40 63.65
TAX CONNECT – 51st Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 9 Chartered Accountants
INCOME TAX
NOTIFICATIONS & CIRCULARS
COMMISSIONER OF INCOME TAX-II, CHANDIGARH
VERSUS M/S ESSAR COMMVISION LTD. (NOW HFCL
INFOTEL LTD.), MOHALI [PUNJAB & HARYANA HIGH
COURT]
BRIEF: Interest income on the fixed deposits kept for
arranging bank guarantees in the formative/pre-
operative period of the business shall not be treated as
surplus funds utilized for earning additional interest
income
avd uade liale to tax uvder the head ^Ivoue
frou other soures_ ut set off agaivst the pre -
operative expenses.
OUR COMMENTS : The assessee is engaged in the
business of providing telecommunication services. In the
pre-operative period it earned interest on the fixed
deposit kept to open a letter of credit under the terms of
the agreement with the supplier of the machine. It
adjusted the interest income against the pre-operative
expenses.
The Assessing Officer framed the assessment under
Section 143(3) holding that the interest earned on the
fixed deposit relating to pre-operative period constitutes
income assessable under the head 'Income from other
sources' and such income could not be set off against the
pre-operative expenses
The Hov’l e High Court held that the activity of
depositing money out of the share capital was incidental
to the acquisition of the asset and not a case where
surplus share capital money was deposited with the bank
because it was lying unutilised and idle.
The assessee deposited the money with the bank with a
definite purpose of acquiring the machine. There is a
direct nexus between the purchase of the machinery and
the deposit of money in the -bank. This nexus supports
the presumption that the money was deposited not
without a purpose but with the object of acquiring a
machine from the supplier.
Therefore, such interest income for acquiring a business
asset should go to reduce the cost of the asset.
[Decided against revenue]
ASSISTANT. COMMISSIONER OF INCOME TAX VERSUS
M/S. SHRI PANCHYATI DHARAMSHALANFOTEL LTD.),
[ITAT JAIPUR]
BRIEF: In the case of trust or institution, if the
dominant/primary purpose is charitable, another object
which by itself may not be charitable, would not
prevent the trust or institution from being a valid
charity.
OUR COMMENTS : The assessee is a Trust registered
under section 12A(a) of the I.T. Act, 1961. It is engaged in
the charitable activity of running a Dharamshala and
receipt of rent is in the nature of maintenance charges
and is incidental to the main activity of trust.
The Assessing Officer noted that the activities of the
assessee trust, its charitable purpose is that of
advancement of general public utility i.e. commercial
activities, hit by first proviso to section 2(15) of the I.T.
Act. Therefore, exemption under section 11 & 12 to the
assessee is not justified.
The Hov’le ITAT held the first and second proviso to
section 2(15) are attracted only when the activity being
arried out the assessee is iv the vature of ^trade,
ouuere or usivess_ . And, for any activity to be
defived as ^usivess_, profit uotive may not be the sole
criteria but is an important criteria, particularly when it is
a case of a trust or society.
In the given case, the assessee is registered under the
Societies Registration Act, 1860 and is now governed by
the Rajasthan Society Registration Act, 1958. The terms
of the society clearly provide that all the moveable and
immovable property, in present or in future, shall belong
to the society and all the savings of income and
expenditure account shall be utilized for the
developmental work of the society.
Therefore, it is clear that the dominant motive in this
case is not earning profit but to do charity in the form of
public service by providing accommodation to the
common man at affordable rates. The activities of the
assessee cannot be characterized as business activities.
Hence, proviso to section 2(15) is not attracted in this
case and the disallowance of exemption u/s 11 & 12 is
unjustified.
[Decided against revenue]
TAX CONNECT – 51st Issue JAV & ASSOCIATES
(17 Jan. 2016 – 23 Jan. 2016) Page 10 Chartered Accountants
ANDHRA PRADESH
ORDER REGARDING PASSING ON THE PURCHASE TAX
AMOUNT OF RS.60/- PER M.T. TO THE CANE GROWERS
AS INCENTIVE FOR 2014-2015 CRUSHING SEASON
OUR COMMENTS : The Industries & Commerce
Department, Government of Andhra Pradesh vide Order
No. G.O.RT No.13 dated 09.01 .2016 has ordered to pass
on the Purchase Tax amount of Rs.60/- per M.T. to the
cane suppliers as Incentive for 2014-2015 crushing
season with the involvement of Rs. 30.30 crores.
DELHI
FILING OF FORM GE-I AND GE-II BY GOVERNMENT
ENTITY
OUR COMMENTS : The Department of Trade & Taxes ,
Government of National Capital Territory of Delhi vide
Notification No. F3(619)/Policy/VAT/2016/1291-1304
dated 12.01 .2016 has required all Government Entities
having their offices functioning within the National
Capital Territory of Delhi, to furnish an online quarterly
return of purchases made by them for the purpose of
consumption or use by, them from the dealers registered
under the said Act and having a valid TIN/Registration
Number in 'Form GE-I' & 'Form GE-II'.
The notification is self-explanatory. The readers may
refer the said notification for details.
KARNATAKA
SUBMISSION OF STATEMENT IN FORM VAT-125
CONTAINING PARTICULARS OF TAX DEDUCTED DURING
PRECEDING MONTH ELECTRONICALLY
OUR COMMENTS : The Office of the Commissioner of
Commercial Taxes, Government of Karnataka vide
Notification No.EG1.CR-30/2014- 15 dated 06.01 .2016
has notified tax deducting authorities to submit a
monthly statement in Form VAT-125 to the jurisdictional
Local VAT Officer (LVO) or VAT Sub Officer (VSO) with
particulars of tax deducted during preceding month
electronically w.e.f. December, 2015 and to pay full
amount of tax so deducted by it electronically or in any
other form as applicable.
The notification is self-explanatory. The readers may
refer the said notification for details.
RAJASTHAN
AMENDMENT IN RAJASTHAN INVESTMENT
PROMOTION SCHEME - 2014
OUR COMMENTS : The Finance Department, Government
of Rajasthan vide Order No. F. 12(105)FD/Tax/2014- pt-
II -112 dated 11.01 .2016 has amended clauses 2, 8.1 &
9.7 in Rajasthan Investment Protection Scheme, 2014.
The order is self-explanatory. The readers may refer the
said order for details.
WEST BENGAL
AMENDMENT IN WBVAT SCHEDULE A AND SCHEDULE C
REGARDING SOLAR DEVICES
OUR COMMENTS : The Finance Department, Government
of West Bengal vide Notification No. 25 FT . dated
07 .01.2016 has made amendments in WBVAT Schedule A
and Schedule C regarding solar devices.
The notification is self-explanatory. The readers may
refer the said notification for details.
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STATE TAXES