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TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 1 Chartered Accountants
TAX CONNECT
73rd
Issue
19 Jun 2016 – 25 Jun 2016
INCOME TAX
CENTRAL EXCISE SERVICE TAX
GST
CUSTOMS
STATE TAXES
JAV & ASSOCIATES
Chartered Accountants
Kolkata:
1, Old Court House Corner
^Toao House_ 1 st
Floor
Room No.-13 (North)
Kolkata-70001
West Bengal
Vadodara:
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 – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 2 Chartered Accountants
WORKSHOP ON GOODS AND SERVICE TAX with our module 1
01.30 p.m. onwards, 5
th
August, 2016
Bharatiya Bhasha Parishad
36A, Shakespeare Sarani; Theatre Road; Kolkata-700017
“TAX CONNECT” is organizing a Workshop on GOODS & SERVICE TAX [GST] in Bharatiya Bhasha Parishad from 01.30
p.m. onwards on 5 th
August, 2016.
The Workshop will cover important topics/issues o n Goods & Service Tax [GST] like Registration, Return, Payments, Refunds Under
GST, Planning for GST - Logistics, Contracts, Stock, Credit
, Draft of Goods and Service Tax Act 2016,etc. The programme schedule
with names of speakers is enclosed for your kind reference.
We do hope that, the programme will be relevant to you. You may please also n ominate suitable representatives to attend the
programme. For the purposes of registration, please email the enclosed Ready Rep ly Form, suitably filled in, to
p3.javaa@gmail.com
The overheads per participant are Rs.1500/-. This will include our “MODULE 1 on GOODS & SERVICE TAX – UPDATED
TECHNICAL GUIDE”. 10% discount for Early Bird Registrations till 30th June 2016 !! 15% discount for a group of more than
3 registrations!!
(For Further information, please contact Mr. Gaurav Pandit, Tel – +91 80173 87083; +91 33 2262 5203)
Following is the Tentative Programme:
TIMING EVENT CONDUCTED BY
01.30 p.m. – 02.15 p.m. Registration
02.15 p.m. – 02.30 p.m. Welcome & Keynote Address TAX CONNECT
02.30 p.m. – 03.15 p.m. Technical Session I by Guest of Honor: Sri. S.K.Panda, IRS, Chief Commissioner of Service Tax, Chief Guest
Sri. Binod Kumar, IAS, Commissioner of Commercial Taxes, Chief
Guest*
GST – An Overview 03.15 p.m. – 04.15 p.m. Technical Session II: GST – Planning for
GST - Constitutional amendment Bill in
the monsoon session; Implementation
from 1st April'17; Planning required from
NOW to reduce Costs - Logistics,
Contracts, Stock, Credit;
Mr. T B Chatterjee, Chairperson, Indirect Taxes Committee, The
Bengal Chamber of Commerce and Industry & Chief Corporate
Officer, Legal and Corporate Affairs, DIC India Ltd
04.15 P.m. – 05.15 p.m. Technical Session III: GST – GST Health
Check Up, Returns, Registration,
Payments, Refunds, Draft of Goods and
Service Tax Act 2016
Mr. Vivek Jalan, FCA, CIDT [ICAI], Member, Indirect Taxes
Committee, The Bengal Chamber of Commerce and Industry
05.15 p.m. – 05.55 p.m. Technical Session III: GST – Political
Deadlock & the Way Forward
Sri Khalid Anwar, Joint Commissioner, West Bengal Commercial
Taxes *
Snacks & Tea/Coffee
WORKSHOP ON GST
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 3 Chartered Accountants
Friends
The biggest Story of The Week is that The State Finance
Mivisters’ Eupored Couuittee has released the draft
GST model law. As expected a substantial part of it is
taken from the Draft Model Law which somehow found
its way in public domain for some time. Anyways, what is
important is that now it seems that GST hopefully would
be a reality from 1 st
April 2017.
It is high time that the law needs to be analyzed
especially from the perspective of each business and set
the ball rolling in terms of preparation. GST is not just a
change in tax, it is expected to have a far reaching impact
on each facet of business operations in the country such
as pricing of products and services, supply chain
optimisation, IT, accounting and tax compliance systems.
It will impact the tax structure, tax incidence, tax
computation, tax payment, compliance, credit utilisation
and reporting, leading to a complete overhaul of the
current indirect tax system. Hence it is imperative that
should start avalivg the ^as is iupat_ s -à-vis the
impact under GST. To start this process, we from Tax
Connect have started the process of making the
Corporates GST READY. GST readiness can be broadly
classified into the following –
1. Assessment of the impact of GST on different
business functions -
2. What-if scenario analysis
3. Implementation Management
4. Transition Management
5. Project management 6.
Representation to various statutory bodies the
GST Provisions detrimental to the Industry.
7. Initial Across The Boar User Training
As regards the GST Draft Law, we would be analyzing
each part of the law in our various issues starting from
today. Just to share a first hand glimpse of the same
with you, we have provided you a synopsis in this issue.
In Service Tax, Circular No. 195/05/2016-Service Tax
dated 15.06.2016 has been issued with a clarification on
the scheme of Speedy disbursal of pending refund claims
of exporters of services under rule 5 of the CENVAT
Credit Rules, 2004. We have covered the circular in detail
in this issue.
In Central Excise, It was in dispute whether excise duty
would be chargeable on readymade garments or made
up articles of textiles sold by a retail store which merely
purchases the said goods from the open market and
affixes the retail sale price on them.
In this matter, the Dept. of Revenue, Ministry of Finance,
Government of India vide Circular No. 1031/19/2016-CX
dated 14.06.2016 has issued various clarifications which
we have covered in this issue. Just to reiterate that we remain available over a
telecom or e-mail.
Tr uly Yours
Timir Baran Chatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
Vivek Jalan
FCA, CIDT (ICAI), B. Com
EDITORIAL
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 4 Chartered Accountants
S.
NO. TOPICS
PAGE
NO.
1] COMPLIANCE CALENDAR 5
2] GOODS & SERVICE TAX (GST) - MODEL GST LAW 2016: CHAPTER II - ADMINISTRATION 6
3] CENTRAL TAXES
a) SERVICE TAX 7
Notification/Circular Clarification on speedy disbursal of pending refund claims of exporters under th e Cenvat Credit
Rules, 2004
Case Law The assessee can self adjust excess service tax paid with the service tax liabilities for subsequent
period.
b) CENTRAL EXCISE 8
Notification/Circular Clarification on levy of excise duty on readymade garments and made articles of te xtiles
bearing/sold under a brand name and having a retail sale price of Rs. 1000 or more
Notification/Circular Amendment In Notification No.214/86-Central Excises Dated 25.03.1986
Notification/Circular Amendment In Notification No.67/95-Central Excises Dated 16.03.1995
c) CUSTOMS 9
Notification/Circular Revision of exchange rate of foreign currencies into Rupee & vice versa
Notification/Circular Fixation of TV of edible oil, brass, poppy seed, areca nut, gold and sliver
Notification/Circular Amendment to notification no. 61/94-customs (N.T.) dated 21.11.1994
d) INCOME TAX 10
Notification/Circular Clarification regarding simplification of procedure for form No. 15G & 15H
Notification/Circular Extension of time limit for e-filing of appeals
Notification/Circular Clarification regarding cancellation of registration u/s 12 AA in certain circumstances
4] STATE TAXES 11
Notification/Circular
Delhi: Reward/appreciation scheme for good dealers
Orissa: Delegation of power
Punjab: Advance tax on shoddy yarn
Telangana: Telangana Taxing Statutes (Providing For Constitution Of State Level Authority Fo r
Clarification And Advance Rulings) (Amendment) Ordinance, 2016
5] BOOK ON GOODS AND SERVICE TAX ( CONCEPT, ISSUES, MODEL AND ROAD MAP) 12
6] BOOK EXCLUSIVELY ON WORKS CONTRACT ( SERVICE TAX AND VAT)
13
INDEX
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 5 Chartered Accountants
Due date COMPLIANCES FROM 19th June, 2016
to 25th June, 2016
STATUTE
20th June, 2016 Deposit of VAT of previous month Andhra Pradesh VAT Act, Karnataka VAT Act,
Tamil Nadu VAT Act, Chandigarh VAT Act
Punjab VAT Act (if payment by cheque)
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
Punjab VAT Act (Monthly, if payment is through cheque)
Manipur VAT Act (Monthly, if PY turnover is >Rs. 40 lacs)
Deposit of P Tax of previous month Karnataka Commercial Tax Act, West Bengal Commercial
Tax Act
Deposit of Entry tax of previous month Andhra Pradesh Entry Tax Act, Karnataka Entry Tax Act
Uttar Pradesh Entry Tax Act, Uttarakhand Entry Tax 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 (Tax >/= Rs. 1 lac)
Filing of monthly/quarterly WCT return Karnataka VAT Act (Monthly)
Issuance of WCT certificate Uttar Pradesh VAT Act , Manipur VAT Act
21st June, 2016 Deposit of VAT of previous month Delhi VAT Act, Maharashtra VAT Act,
Odisha VAT Act, West Bengal VAT Act
Assam 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 Entry Tax Act, West Bengal Entry Tax Act
Deposit of Ptax of previous month Odisha Commercial Tax Act
ESI deposit of previous month ESI Act
22nd June, 2016 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 Entry Tax Act
25th June, 2016 Filing of monthly/quarterly VAT return Jharkhand VAT Act (Monthly)
Issuance of WCT certificate West Bengal VAT Act (Monthly)
Mizoram VAT Act (Monthly
Deposit of Entry tax of previous month Maharashtra Entry Tax Act (if registered dealer)
COMPLIANCE CALENDAR
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 6 Chartered Accountants
MODEL GST LAW 2016
: CHAPTER II - ADMINISTRATION
The following will be the classes of officers in GST
regime:
Classes of officers under the CGST Act
a. Principal Chief Commissioners of CGST or Principal
Directors General of CGST,
b. Chief Commissioners of CGST or Directors General of
CGST,
c. Principal Commissioners of CGST or Principal
Additional Directors General of CGST,
d. Commissioners of CGST or Additional Directors
General of CGST,
e. First Appellate Authority
f. Additional Commissioners of CGST or Additional
Directors of CGST,
g. Joint Commissioners of CGST or Joint Directors of
CGST,
h. Deputy Commissioners of CGST or Deputy Directors
of CGST,
i. Assistant Commissioners of CGST or Assistant
Directors of CGST, and
j. such other class of officers as may be appointed for
the purposes of this Act.
Classes of officers under the State Goods and Services
Tax Act
a. Commissioner of SGST,
b. Special Commissioners of SGST,
c. Additional Commissioners of SGST,
d. Joint Commissioners of SGST,
e. Deputy Commissioners of SGST,
f. Assistant Commissioners of SGST, and
g. such other class of officers and persons as may be
appointed for the purposes of this Act. [List is indicative]
The Commissioner shall have jurisdiction over the whole
of the State and all other officers shall have jurisdiction
over the whole of the State or over such areas as the
Commissioner may specify. Appointment of Officers
The Board may appoint such persons as it may think fit to
be officers under the CGST Act. The Board may authorize
a Principal Chief Commissioner/Chief Commissioner of
CGST or a Principal Commissioner/Commissioner of CGST
or an Additional/Joint or Deputy/Assistant Commissioner
of CGST to appoint officers of CGST below the rank of
Assistant Commissioner of CGST.
Powers of officers
An officer of the CGST may exercise the powers and
discharge the duties conferred or imposed on him or on
any other officer subordinate to him.
A First Appellate
Authority shall not exercise the powers and discharge the
duties conferred or imposed on an officer of Central
Goods and Services Tax other than those specified
Section 79 of the Act.
GOODS & SERVICE TAX (GST)
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 7 Chartered Accountants
SERVICE TAX
NOTIFICATIONS/CIRCULARS
CLARIFICATION ON SPEEDY DISBURSAL OF PENDING
REFUND CLAIMS OF EXPORTERS UNDER THE CENVAT
CREDIT RULES, 2004
OUR COMMENTS :
The CBEC, Dept. of Revenue, Ministry
of Finance, Government of India vide Circular No.
195/05/2016-Service Tax dated 15.06.2016 has issued a
clarification on the scheme of Speedy disbursal of
pending refund claims of exporters of services under rule
5 of the CENVAT Credit Rules, 2004 as follows:
Applicability of the scheme - The scheme is not a substitute for various
notifications but is a complement to them. It has to
operate within the general parameters of the
notifications governing such refunds.
- It is applicable only to service tax registrants who are
exporters of services, with respect to refund claims
under rule 5 of the CENVAT Credit Rules, 2004 filed
on or before 31-3-2015 and not disposed of as on the
date of the issue of the relevant circular dated 10- 11-
2015. Therefore, claims which have been remanded
are out of the purview of this scheme.
- The certificate has to be furnished by the statutory
auditor in the case of companies, and from a
chartered accountant in the case of assessees who
are not companies, in the prescribed format.. The
certificate cannot be furnished by a Cost and
Management Accountant or a Company Secretary.
- The certificate has to be given in the format given in
Annexure-1 to the circular dated 10- 11-2015.
- The auditors are bound by the provisions of the
statute governing them as well as Guidance Notes,
Accounting Standards etc relating to their profession.
They need to indicate the manner in which the audit
was done, assumptions, limitations in scope and
reference to information and explanations obtained
in the certificate. Adherence to these requirements should not be considered to be violations of the
circular.
- It is also clarified that as long as the points in
Annexure-1 are present, the certificate should not be
rejected on the ground of any disclaimers which the
auditor has to give, owing to the Guidance Notes.
CASE LAW
M/S PUNJAB NATIONAL BANK VERSUS C.C.E. & S.T.
CHANDIGARH [CESTAT NEW DELHI]
BRIEF: The assessee can self adjust excess service tax
paid with the service tax liabilities for subsequent
period.
OUR COMMENTS : In the above case, the assessee pays
service tax on gross amount realized towards the
services rendered. Later, it refunds certain amounts to
the recipient of the service based on their credibility. The
assessee use to reduce the taxable value of services by
the amount so refunded and pay service tax on the net
amount .
The service tax department objected the above
adjustment and raised service tax demand along with
interest and imposition of equal amount of penalty.
The Hon’b le CESTAT held that Rule 6(3) of the Service
Tax Rules clearly provides for such adjustment as follows: “ Where an assessee has paid to the credit of Central
Government service tax in respect of a taxable service,
which is not so provided by him either wholly or partially
for any reason, the assessee may adjust the excess
service tax so paid by him (calculated on a pro rata basis)
against his service tax liability for the subsequent period,
if the assessee has refunded the value of taxable service
and the service tax thereon to the person from whom it
was received. “
Accordingly, the appeal was allowed in favour of the
assessee.
[Decided in favour of assessee]
CENTRAL TAXES
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 8 Chartered Accountants
CENTRAL EXCISE
NOTIFICATIONS/CIRCULARS
CLARIFICATION ON LEVY OF EXCISE DUTY ON
READYMADE GARMENTS AND MADE ARTICLES OF
TEXTILES BEARING/SOLD UNDER A BRAND NAME AND
HAVING A RETAIL SALE PRICE OF RS. 1000 OR MORE
OUR COMMENTS : It was in dispute whether excise duty
would be chargeable on readymade garments or made
up articles of textiles sold by a retail store which merely
purchases the said goods from the open market and
affixes the retail sale price on them.
In this matter, t
he Dept. of Revenue, Ministry of Finance,
Government of India vide Circular No. 1031/19/2016- CX
dated 14.06.2016 has issued the following clarifications:
- The levy of excise duty is restricted only to
readymade garments and made up articles of textiles
bearing a brand name or sold under a brand name
and having retail sale price (RSP) of Rs. 1000 or
above. The said levy will not be on retail houses who
only stock the goods of brand manufacturers.
- If a retailer, affix es a brand name on the product or
performs any packing or repacking, the same will
amount to deemed manufacture and made liable to
excise duty.
However, such retailer shall not be liable to pa y
excise duty if:
a) the RSP of the given goods is less than Rs1000, or
b) the aggregate value of clearances for home
consumption by such retailer is less than Rs 1.5 crore
in a year [provided aggregate value of clearances
during previous financial year was less than Rs. 4
crore].
- For this purpose, ^Bravd vaue_ ueavs a ravd
name, whether registered or not, that is to say, a
name or a mark, such as a symbol monogram, label,
signature or invented words or any writing which is
used in relation to a product, for the purpose of
indicating, or so as to indicate, a connection in the
course of trade between the product and some
- person using such name or mark with or without any
indication of the identity of that person.
Also, merely if the retailer, has a name, say, M/s XYZ and
Sons, the readymade garments or made ups sold by such
retailer cannot be held as branded.
AMENDMENT IN NOTIFICATION NO.214/ 86-CENTRAL
EXCISES DATED 25.03.1986
OUR COMMENTS : The Dept. of Revenue, Ministry of
Finance, Government of India vide Notification
No.24/2016 – Central Excise dated 14.06.2016 has
amended Notification No.214/86-Central Excises, dated
the 25th March, 1986, and has substituted the words
^“peial Eovoui Zove_ for the words ^free trade zove"
therein.
AMENDMENT IN NOTIFICATION NO.67/95-CENTRAL
EXCISES DATED 16.03.1995
OUR COMMENTS : The Dept. of Revenue, Ministry of
Finance, Government of India vide Notification
No.25/2016 – Central Excise dated 14.06.2016 has
amended Notification No. 67/95 -Central Excises, dated
the 16th March, 19 95, and has substituted the words
^“peial Eovoui Zove_ for the words ^free trade zove"
therein.
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 9 Chartered Accountants
CUSTOMS
NOTIFICATIONS/CIRCULARS
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.
87/2016-Customs (N.T.) dated 16.06.2016 & in
supersession of Notification No. 80/2016-Customs
(N.T.) dated 02.06.2016 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. 17.06.2016 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 50.55 48.75
2. Bahrain Dinar 184.50 172.20
3. Canadian Dollar 52.75 51.15
4. Danish Kroner 10.35 10.00
5. EURO 76.90 74.30
6. Hong Kong Dollar 8.75 8.55
7. Kuwait Dinar 230.50 215.70
8. New Zealand Dollar 48.50 46.60
9. Norwegian Kroner 8.25 7.95
10. Pound Sterling 96.95 93.90
11. Singapore Dollar 50.50 48.95
12. South African Rand 4.55 4.25
13. Saudi Arabian Riyal 18.50 17.35
14. Swedish Kroner 8.25 7.95
15. Swiss Franc 71.25 68.75
16. UAE Dirham 18.90 17.70
17. US Dollar 68.05 66.35
18. Chinese Yuan 10.40 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 65.25 63.10
2. Kenya Shilling 68.60 64.15
FIXATION OF TV OF EDIBLE OIL, BRASS, POPPY SEED,
ARECA NUT, GOLD AND SLIVER
OUR COMMENTS :
The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.
85/2016-Customs (N.T.) & 86/2016-Customs (N.T.)
dated 14.06.2016 and 15.06.2016 respectively has
amended Notification No. 36/2001 -Customs, dated
03.08.2001 and fixed tariff value of edible oil, brass,
poppy seed, areca nut, gold and silver by substituting
tables, TABLE – 1, TABLE – 2 and TABLE – 3.
AMENDMENT TO NOTIFICATION NO. 61/94-CUSTOMS
(N.T.) DATED 21.11.1994
OUR COMMENTS :
The CBEC (Dept. of Revenue), Ministr y
of Finance, Government of India vide Notification No.
83/2016-Customs (N.T.) dated 09.06.2016 has amended
Notification No. 61/94 - Customs (N.T.), dated
21 .11 .1994 as follows:
In the said notification, in the Table against serial
number 13 relating to the State of Punjab, in column (4),
for items (i) and (ii) against item (b) in column (3), the
following shall be substituted, namely : -
^Uvloadivg of iuported goods avd the loadivg of eort
goods or avlass of suh goods_
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 10 Chartered Accountants
INCOME TAX
NOTIFICATIONS & CIRCULARS
CLARIFICATION REGARDING SIMPLIFICATION OF
PROCEDURE FOR FORM NO. 15G & 15H
OUR COMMENTS : The CBDT,
Ministry of Finance,
Government of India vide Notification No. 9/2016 dated
09.06.2016 has issued clarification on the following
issues:
(a) Due date for quarterly uploading of 15G/H
declarations by payers on e-filing portal,
(b) The manner for dealing with Form 15G/15H received
by payer during the period from 1.10.2015 to 31.3.2016..
It has been clarified that (a) The due date for quarterly furnishing of 15G/15H
declarations received by the payer from 1.4.2016
onwards shall be as given below:
S.No.. Quarter ending
date of the
financial year Due Date
1. 30 th
June 15 th
July
2. 30 th
September 15h October
3. 3. 31 st
December 15 th
January
4. 31 st
March 30 th
April of the financial year
immediately following the
financial year in which declaration
is made.
(b) The payer shall furnish 15G/15H declarations
received during the period from 1.10.2015 to
31.3.2016 on e-filing portal in the given format on or
before 30th June, 2016.
EXTENSION OF TIME LIMIT FOR E-FILING OF APPEALS
OUR COMMENTS :
In order to mitigate any
inconvenience caused to the taxpayers on account of the
new requirement of mandatory e-filing appeals,
the
CBDT,
Dept. of Revenue, Ministry of Finance,
Government of India vide Circular No. 20/2016 dated
26.05.2016 has decided to extend the time limit for filing
of such e-appeals.
E-appeals which were due to be filed by 15.05.2016 can
be filed up to 15.06.2016. Also, the taxpayers who could
not successfully e-file their appeal and had filed paper
appeals are required to file an e-appeal in accordance
with Rule 45 before the extended period i.e. 15.06.2016.
All such e-appeals would be treated as appeals filed
within time.
CLARIFICATION REGARDING CANCELLATION OF
REGISTRATION U/S 12AA IN CERTAIN CIRCUMSTANCES
OUR COMMENTS
: The CBDT,
Dept. of Revenue, Ministry
of Finance, Government of India vide Circular No.
21/2016 dated 27.05.2016 has clarified that cancelling
the registration of a charitable institution granted u/s
12AA is not mandatory merely on the ground that the
cut-off specified in the proviso to section 2(15) is
exceeded in a particular year if there is no change in the
nature of activities of the institution.
If in any particular year, the specified cut-off is exceeded,
the tax exemption would be denied to the institution in
that year and cancellation of registration would not be
mandatory unless such cancellation becomes necessary
on others ground(s) prescribed under the Act.
The cancellation may lead the charitable institution to
get hit by section 115TD(3) and become liable to tax on
accreted income.
The process for cancellation of registration is to be
initiated strictly in accordance with section 12AA(3) and
12AA(4) after carefully examining the applicability of
these provisions.
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 11 Chartered Accountants
DELHI
REWARD/APPRECIATION SCHEME FOR SUCH GOOD
DEALERS
OUR COMMENTS : The Department Of Trade And Taxes ,
Government Of National Capital Territory Of Delhi vide
Notification No. F.3(632)/Policy/VAT/2015/PF/363- 69
dated 10.06.2016 has decided to introduce a
Reward/Appreciation scheme for Good dealers to further
encourage them to continue their efforts for better tax
compliance and also to set examples for other dealers. A Reward Evaluation Committee, constituted for the
purpose, shall work out the claims of the winners for
reward/appreciation under the scheme.
The Rewards shall be given to the good tax paying
dealers failing under the Wowing categories.
Eligibility for the Scheme:
1. Admitted tax due and paid (VAT/CST) with the return
will be accounted for.
2. Refund claimed and tax credit carried forward would
be deducted from the tax collected, meaning thereby
that the net tax paid will be compared for working out
the quantum of tax.
3. Tax, Interest, penalty or any other dues pertaining to
past period(s) but deposited during the current year will
not be taken into account for the Reward purposes.
4. Dealers showing decline in tax shall not be eligible for
the Reward purposes.
5. No adverse material should be on record against the
dealer.
6. There should be no outstanding un-stayed
demand(s)/dues against the dealer.
7. The dealer should not be a return defaulter during the
financial year. 8. There should not be imposition of any penalty against
the dealer, by the Department, during the preceding two
years.
ORISSA
DELEGATION OF POWER
COMMENTS
: The Office of The Commissioner o f
Commercial Taxes, Government of Odisha vide
Notification No. 9336/CT. dated 08.06.2016 has
delegated the powers and duties of the Commissioner to
be exercised by the officers appointed under Section 3(2)
to Joint Commissioner of Sales tax (in charge of the
Range ) w.e.f.01.10.2015. The relevant rules are Sub-rule
(1)(a) of Rule 86 of OVAT (Amendment) Rule 2016.
PUNJAB
ADVANCE TAX ON SHODDY YARN
OUR COMMENTS : The Department of Excise a nd
Taxation, Government of Punjab vide Notification No.
S.O.46/P.A.8/2005/S.6/2016 dated 06.06.2016 has
amended Notification No. S.O.90/P.A.8/2005/S.6/2013,
dated 4th October, 2013 (which imposed advance tax
on certain items) and has substituted the words ^ including cotton yarn (excluding shoddy yarn)" for the
words "(Including cotton yarn)".
TELANGANA
TELANGANA TAXING STATUTES (PROVIDING FOR
CONSTITUTION OF STATE LEVEL AUTHORITY FO R
CLARIFICATION AND ADVANCE RULINGS)
(AMENDMENT) ORDINANCE, 2016
OUR COMMENTS: The Telangana Acts, Ordinances And
Regulations e tc, Government of Telangana has
promulgated Telangana Ordinance No. 2 dated
14 .06.201 6 to amend certain taxing statutes to provide
for constitution of a state level authority for clarification
and advance rulings and for matters connected
therewith or incidental thereto.
The Ordinance is self-explanatory. The readers may refer
the same.
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STATE TAXES STATE TAXES STATE TAXES
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 12 Chartered Accountants
BOOK ON GOODS AND SERVICE TAX ( CONCEPT, ISSUES, MODEL AND ROAD MAP)
AVAILABLE IN ALL LEADING LEGAL BOOK SHOPS INCLUDING TAX N L AW
There will be significant changes in Indirect Tax system in India with the implementation of GST
effective from1st April'2016. The concept of GST being a destination based tax is totally new in India.
At present we follow origin based tax . We have to unlearn most of the present tax system and to
relearn the new GST structure for effective implementation. ERP system will undergo major changes.
On a rough estimate the corporates are expected to reduce its material cost by minimum 1% and
logistic cost by 10 -15% provided proper GST structure is established. It means lot of money provided
the benefits are not passed on to the customers. It is expected that the country's GDP will increase by
2% on implementation of GST.
In the background of the above, we are pleased to inform you that we have launched a book on '
GOODS AND SERVICE TAX (CONCEPT, ISSUES, MODEL AND ROAD MAP) on All India basis.
We solicit your blessings and good wishes in the whole endeavour.
Authors:
Timir Baran Chatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
Knowledge Partner:
Bengal Chamber of Commerce and Industry ( the first chamber of the Country)
Published by:
Tax N Law, Kolka ta
6, Old Post Office St., B. B. D. Bag
Kolkata- 700001
Phone: 033 2242 7092
TAX CONNECT – 73 rd
Issue JAV & ASSOCIATES
(19 Jun 2016 – 25 Jun 2016) Page 13 Chartered Accountants
BOOK EXCLUSIVELY ON WORKS CONTRACT ( SERVICE TAX AND VAT)
AVAILABLE IN ALL LEADING LEGAL BOOK SHOPS INCLUDING BOOK CORPORATION
Works Contract has been one of the most complex and litigation prone areas in Indirect Taxes.
However with good understanding of all the provisions under Service Tax & VAT which hit W orks
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Vide this publication, we have made an attempt to cover in detail all issues related to Service
Tax: Valuation, Point of Taxation, Place of Taxation, Abatement, Reverse Charge, Input Tax Credit
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have also focused on the issues faced by various sectors on account of Works Contract.
This book is divided into Seven Parts covering several broad areas. Each area has the
provisions directly from the Statue in the beginning and detailed discussions on the provisions
in the form of questions and answers thereafter. Since litigations on the subject have been
manifold, we have also covered judicial pronouncements extensively.
Authors:
Timir Baran Chatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
Vivek Jalan
B. Com, FCA, CIDT (ICAI)
Published by:
BOOK CORPORATION
4, R. N. Mukherjee Road
Kolkata 700001
Phones: (033) 64547999, 22306669, 22205367
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