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Sunday, 30 September 2018

30 September 2018 News


आज का विचार

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जो "प्रतिशोध" के बजाय "परिवर्तन"
की सोच रखते है...
शुभ प्रभात 🙏

30 September 2018 News

*Mint*

=> E-commerce companies will have to register in every state for collecting TCS

=> LIC, SBI, Orix to subscribe to Rs 4500 crore IL&FS rights issue

=> IL&FS AGM: Company outlines three-pronged strategy to tackle financial crisis

=> Vijaya Bank board approves merger proposal with Bank of Baroda, Dena Bank

=> MCA orders probe into Vakrangee’s accounts

=> WhatsApp message destroys 71% of Infibeam share price
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*Business Standard*

=> Pakistan glorifies killers, India can't pursue talks: Sushma Swaraj at UNGA

=> 58 mn living sans pension, govt spends 0.4% of GDP on key scheme: Survey

=> No let up in fuel prices, petrol nears Rs 91 a litre in Mumbai

=> LIC, Orix, SBI to subscribe to Rs 45 billion IL&FS rights issue

=> KKR and Blackstone Group consider $3 billion Shriram deal: Sources

=> Number of Indians arrested for illegally entering US nearly triples
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*Economic Times*

=> Government waives import duty on 35 capital goods to boost mobile phone manufacturing

=> Sushma Swaraj at UN: Pakistan is harboring terrorists

=> Elon Musk out as Tesla chair, remains CEO in $40 mn SEC settlement

=> Bandhan Bank to explore way to pare promoter stake

=> Verdicts make SC supreme champion of individuals

=>  Indrani Mukerjea discharged from JJ Hospital
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*Financial Express*

=> US-China trade war: Beijing to resume Oil meal imports from New Delhi after 5 years

=> Shah Mehmood Qureshi's remarks on Peshawar school attack dishonour memory of children killed: India

=> Elon Musk to resign as Tesla chairman, continue as CEO in SEC settlement

=> Oil sales to India will continue despite US sanctions: Iran

=> Vijaya Bank board approves merger proposal with Bank of Baroda, Dena Bank

=> PM Narendra Modi to inaugurate Amul's ultra modern chocolate plant, other projects in Gujarat on Sunday
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*Hindustan Times*

=> Amid US sanctions, India set to sign S-400 deal with Russia next week

=> Pakistan lies, glorifies killers: Sushma Swaraj in UN tough talk

=> Elon Musk to step down as Tesla chairman, will remain CEO

=> CJI-designate Ranjan Gogoi says he has a plan to tackle judicial backlog

=> One­way, diversion part of plan to free up choked Delhi roads

=> India squad for West Indies Tests: Mayank, Siraj included; Dhawan dropped
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*Indian Express*

=> Pendency can make the system irrelevant, have a plan: CJI-designate Ranjan Gogoi

=> Elon Musk to resign as Tesla chairman, remains CEO in $40M SEC settlement

=> At UN, Sushma Swaraj tears into Pakistan ‘malevolence, verbal duplicity’

=> Islampur violence: Bengal school has 50% vacancy, no science teachers for senior classes

=> J&K cop killed in militant attack on Shopian police station

=> Knock after knock, Mayank Agarwal brings down the Test door
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*The Hindu*

=> Pak. duplicity key hurdle in fight against terror: Sushma

=> IMD allays fears over Kerala rain

=> Elon Musk to resign as Tesla chairman, pay $20 million in SEC settlement

=> Sabarimala temple may open for more days

=> Pehlu Khan case witnesses fired upon

=> Indonesia quake-tsunami death toll jumps to 384
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*The Times of India*

=> Sushma slams Pak for duplicity, killing talks

=> Will invest Rs 1L crore by 2022 to boost edu: PM

=> Musk to resign as Tesla board chair, fined $20m

=> Indians arrested for illegally entering US triples

=> Govt's share in BPL pension at Rs 200/mth: Report

=> Witnesses in Pehlu Khan case allege attack
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*अमर उजाला*

=> ट्रेनों में भरकर भारी संख्या में परिवार सहित केरल पहुंच रहे हैं रोहिंग्या, पुलिस अलर्ट

=> पाक के मुंह पर भारत के 'दस तमाचे', दुनिया के सबसे बड़े मंच से आतंकवाद पर हमला

=> प्रधानमंत्री मोदी आज गुजरात दौरे पर, राजकोट में महात्मा गांधी म्यूजियम कार्यक्रम में लेंगे हिस्सा

=> इस वर्ष नहीं दिया जाएगा साहित्य का नोबेल पुरस्कार, 117 साल के इतिहास में दूसरी बार रुका सिलसिला

=> आसाराम की सहयोगी शिल्पी को बड़ी राहत, अब नहीं काटने होंगे जेल में 20 साल

=> इराक में कट्टरपंथियों ने की 22 साल की मशहूर मॉडल की हत्या, इंस्टाग्राम पर हैं 27 लाख फॉलोअर्स
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*हिन्दुस्तान*

=> UNGA में पाकिस्तान विदेश मंत्री कुरैशी ने उठाया कश्मीर मुद्दा

=> इंडोनेशिया में भूकंप और सोनामी की चपेट में आने से अब तक 420 की मौत

=> मयंक अग्रवाल का शानदार फॉर्म जारी, वेस्टइंडीज के खिलाफ बनाए 90 रन

=> एस-400 मिसाइलों के लिए भारत-रूस में करार संभव

=> UNGA : डाक टिकटों से किया जा रहा आतंकियों का महिमामंडन - सुषमा

=> Bigg Boss 12: घर से बेघर हुई घर की पहली कैप्टन रही कृति-रोशमी की जोड़ी
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*दैनिक जागरण*

=> एक और सर्जिकल स्ट्राइक, पाक के 15 सैनिक ढेर; भारत ने लिया बदला

=> संयुक्त राष्ट्र में पाकिस्‍तान पर बरसीं सुषमा- आतंकियों को करता है सम्‍मानित

=> सरकार कुछ बहुमूल्य वस्तुओं पर बढ़ा सकती है आयात शुल्क, सोने को रखा जाएगा दूर

=> आ गया मानसून की विदाई का समय, लेकिन 251 जिले रह गए सूखे

=> स्टार्टअप के लिए युवाओं को बिना ब्याज मिलेगा 10 लाख तक का लोन

=> 'मी टू' अभियान की छाया, इस साल साहित्य का नोबेल पुरस्कार किसी को नहीं
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*प्रभात ख़बर*

=> सुषमा ने पाक को लगायी फटकार कहा- हत्यारों का महिमामंडन करने वालों से बातचीत नहीं

=> आज डलवा लें अपने गाडि़यों में पेट्रोल-डीजल, एक को बंद रहेंगे झारखंड के पेट्रोल पंप

=>  पटना : रेलवे का निजीकरण असंभव चाहकर भी कोई नहीं कर सकता : नीतीश

=> सुप्रीम कोर्ट ने दी केंद्र सरकार को राहत आधार को हरी झंडी
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30 September 2018 Updates

Remuneration Paid to Trustees can’t be treated as Excessive without Sufficient Proof: ITAT [Read Order]

Read more at: http://www.taxscan.in/remuneration-paid-trustees-treated-excessive-sufficient-proof-itat/28856/

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Govt allows rendering of Valuation Services without Registration till 31st March 2019 [Read Notification]

Read more at: http://www.taxscan.in/govt-allows-rendering-valuation-services-registration-31st-march-2019/28936/
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CBDT notifies Ex-Servicemen Contributory Health Scheme for purpose of section 80D of the Income Tax Act, 1961 vide notification number 50/2018 dated 26th September, 2018

Penalty under section 271B justified on Assessee who was Partner in M/s. Price Waterhouse which is a partnership firm for his Failure to get his accounts audited as his remuneration was exceeding the limit specified U/s. 44AB.Sagar Dutta Vs DCIT (ITAT Kolkata)

Gujarat High Court directs CBDT to respond on Tax Audit Due date Extension filed by All Gujarat Federation of Tax Consultants Versus Union of India (Gujarat High Court)

Internal Auditor cannot undertake GST Audit simultaneously : ICAI in an announcement dated 28th September 2018 has clarified that Internal Auditor cannot undertake Goods and Service Tax (GST) Audit simultaneously.

Union Cabinet, chaired by the Prime Minister Shri Narendra Modi has approved increasing of Government ownership in Goods and Services Tax Network (GSTN) and change in the existing structure with transitional plan.

The Securities and Exchange Board of India (Sebi) has sent letters to mutual funds seeking details about their exposure to all NBFCs and housing finance companies, regulatory and industry sources said.

Finance Minister launched a transformative initiative in MSME credit space. The webportal www.psbloansin59minutes.comwill enable in principle approval for MSME loans up to Rs. 1 crore within 59 minutes from SIDBI and 5 Public Sector Banks (PSBs).

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👉🏻Rangachari Sridharan appoints as first chief of NFRA
(Former IAS officer Rangachari Sridharan appointed as the first chief of National Financial Reporting Authority (NFRA)
👇🏻 👇🏻 👇🏻
https://goo.gl/a4e7P1

👉🏻Internal Auditor not to undertake GST Audit simultaneously - ICAI
(ICAI Council has decided that based on the conflict in roles as statutory and internal auditor simultaneously, the bar on internal auditor of an entity to accept tax audit will also be applicable to GST Audit)
👇🏻 👇🏻 👇🏻
https://goo.gl/CbPQLD

👉🏻High Level Committee Constituted on Corporate Social Responsibility
(The Committee is expected to review the existing CSR framework as per Act, Rules and Circulars issued from time to time and recommend guidelines for better enforcement of CSR provisions)
👇🏻 👇🏻 👇🏻
https://goo.gl/Xy2cu9

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Justice Dilip Gupta appointed as CESTAT President

Read more at: http://www.taxscan.in/justice-dilip-gupta-cestat-president/29001/
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Updates:

1) Last date to pay ICAI memberships & COP fees: https://memfee.icai.org/memfee.html
2) Internal auditor can't be GST auditor of same company: ICAI
3) Banks expect to recover Rs 1.80 lakh cr from NPAs: FM Arun Jaitley: http://www.moneycontrol.com/news/business/banks-expect-to-recover-rs-180-lakh-crnpas-fm-arun-jaitley_11466961.html
4) Don’t sign any Project Report or Estimates or Provisional Figures - https://thetaxtalk.com/2018/09/28/dear-cas-dont-sign-any-project-report-or-estimates-or-provisional-figures/
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No GST on Residential Programmes for Advancement of Religion, Spirituality or Yoga: CBIC [Read Circular]

Read more at: http://www.taxscan.in/no-gst-residential-programmes-advancement-religion-spirituality-yoga-cbic/29011/
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No TCS on Exempted Supplies, Supplies Taxable under RCM & Imports / Exports: CBIC issues FAQs

Read more at: http://www.taxscan.in/no-tcs-exempted-supplies-supplies-taxable-rcm-imports-exports-cbic/29017/
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CBIC lays down Standard Operating Procedure on TDS

Read more at: http://www.taxscan.in/cbic-standard-operating-procedure-tds/29023/
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1. The 30th meeting of the GST decides to set up a Seven- Council Member Group of Ministers to make suggestions on the demand for 10% cess on SGST for Kerala rehabilitation, the GoM may also study  other options such as National Disaster Cess as well.

2. CBIC releases Frequently Asked Questions (FAQs) on TCS under GST containing 29 question. To download click, https://goo.gl/qZGGx2

3. Mumbai police’s Economic Offence Wing(EOW) files case against 300 Brokers in NSEL Scam Case on SEBI complaint. SEBI has filed a complaint against them with EOW Mumbai, on the basis of which the latter has registered case under the Forward Contracts (Regulation) Act, 1952.

4.RBI imposes a penalty of Rs 5 Crore on Karur Vysya Bank for Non-Compliance of its Directives on "Income Recognition and Asset Classification (IRAC) Norms, reporting of frauds, and on the need for discipline at the time of opening of current accounts".

5. RBI Freezes Salary of Bandhan Bank CEO & stops Branch Expansion for Non-Compliance of Promoter Holding Rules.

6. RBI issues the Draft Guidelines on Prohibiting Market Abuse which propose to Debar Errant Participants from accessing the market. The Directions, called the Reserve Bank of India (Prohibition of Market Abuse) Directions 2018 define what is Market Manipulation, Benchmark Manipulation and Misuse of Information as well.

7. MCA constitutes High Level Committee on Corporate Social Responsibility– 2018 (HLC-2018) to review the Existing Framework and Guide and formulate the roadmap for a Coherent Policy on CSR.

8. ICAI clarifies that an Internal Auditor of an entity Cannot Undertake GST Audit of the Same Entity.

9. Government hikes Duty Incentives for Exports of as many as 28 Milk Related Products under a scheme to boost their overseas shipments. The Duty Benefits are enhanced under the Merchandise Export from India Scheme (MEIS).

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RFID Sealing mandatory from 1st November: CBIC [Read Circular]

Read more at: http://www.taxscan.in/rfid-sealing-mandatory-1st-november-cbic/29052/
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Printing of Question Papers for Educational Institutions Exempt from GST: AAR [Read Order]

Read more at: http://www.taxscan.in/printing-question-papers-educational-institutions-exempt-gst-aar/29043/
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Most Important GST News:

Don’t miss the last chance to rectify errors of FY 2017-18

Nothing is more expensive than a missed opportunity

Any rectifications in the details already furnished in returns of July 2017 to March 2018 may be corrected/added in the return to be filed for the month of September 2018.

Details of outward supplies can be modified on or before 10.10.2018 (being due date for filing GSTR 1 monthly) and details of inward supplies on or before 20.10.2018 (being due date for filing GSTR 3B).

In this article, I have focused on most probable errors in the returns and way to correct them.

Outward Supplies:-

1.  Invoice / Credit Note pertaining to FY 2017-18 missed in GSTR 1 – The invoice/Credit Note may be added in  GSTR 1 along with invoices/Credit Note of September 2018 return with original date. If the tax pertaining to invoice is also not paid, the same may be added to taxable value and tax of the month of September, 2018 and pay the tax along with interest from due date of payment of tax till date of actual payment.

2.  B2B Invoice details wrongly entered in GSTR 1–Here is a case where the invoice details are entered in GSTR 1 but some fields are wrongly mentioned. Some of the situations are:-

·        Error in GSTIN i.e. Invoice is in name of Mr. X but GSTR 1 is filed mentioning GSTIN of Mr. Y,

·        Error in taxable value,

·        Error in tax rate, etc.,

These details may be modified in September, 2018 return.

       3. B2C details wrongly entered in GSTR 1–There will be again 2 types of errors in B2C details.

3A. B2B invoice entered as B2C – If an B2B invoice pertaining to month of January 2018 entered as B2C in GSTR 1 of January 2018, this error can be rectified by adding the invoice details in GSTR 1 of September 2018 along with September B2B invoices and amending the B2C supplies of January 2018 GSTR 1.

3B. B2C Intra-state supplies entered as Inter-state – If B2C supplies of an assessee from the state of Maharashtra entered as B2C supplies of Andhra Pradesh i.e. Intra state entered as inter-state, the same may be rectified in GSTR 1. However, if the same error is also continued in GSTR 3B too, the liability may be affected since IGST is paid instead of CGST+SGST. This can be rectified by paying CGST+SGST and claiming refund of IGST.

3C. B2C Inter-State supplies wrongly entered as different state– If B2C supplies made to Andhra Pradesh was entered as B2C supplies to Telangana by a supplier registered in Odisha; the tax liability doesn’t change but the state mentioned is wrong. This also doesn’t affect the liability but the wrong details needs to be rectified for correct disclosure.

Inward Supplies:-

1. Failed to avail ITC / Debit Note– Did you miss claiming ITC on any invoice/Debit Note pertaining to FY 2017-18. No Worries, the same can be claimed upto the month of September 2018. Include the same in GSTR 3B of September 2018 and the ITC can be availed and utilised.

2. GSTR 2A Vs GSTR 3B – We had already mailed you the Monthly data of GSTR 2A  downloaded in Excel format from GST Portal. Many have been ignoring the reconciliation of ITC as per GSTR 3B with details available in GSTR 2A. This reconciliation exercise should be a continuous process since it is a time consuming one but major outcomes are as under:-

·        Unearthing any missed credits i.e. supplies on which ITC is available but not availed will come into light when the reconciliation is done. It is important to note that the ITC pertaining to FY 2017-18 cannot be availed after the return for the month of September 2018 is filed.

·        There may be situations where ITC has been claimed as per Invoice issued by the supplier but the supplier failed to file GSTR 1. If supplier doesn’t file GSTR 1, the invoice details doesn’t appear in GSTR 2A. This exercise helps us to follow up with the supplier and intimating/educating them to file their GSTR 1.

3. RCM payable not shown or less shown in GSTR 3B returns filed for the period    2017-18 should be reconcile & consider now & pay the Tax on RCM in          September-2018 return to avail ITC of same.

4. Excess ITC claimed / Debit Note not accounted – There may be situations where excess ITC would have been claimed due to error. For example, instead of entering only tax amount in ITC IGST column in GSTR 3B, amount of purchases may be entered which inflates IGST ITC. The same may be rectified now by reversing the excess ITC availed by entering the amount to be reversed in GSTR 3B for the month of September 2018.

The situations discussed above are the most common issues which are required to be addressed in this September return. Now, one may agree that September month return is made crucial and hence please be cautious and re visit all the returns filed, reconcile with books of accounts and GSTR 3 B, GSTR 2A & GSTR 1 and claim/reverse the missed ITC and also rectify any errors that were made while filing the returns for FY 2017-18.
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The Karnataka High Court has held that confiscation of goods under GST law is permitted only there is  violation of law and not mere breach of.technical procedure of not uploading aforesaid transport document in respect of non taxable supply I.e.  supply of construction material to its own site.  Confiscation set aside. CCE VS Indus Towers Ltd 2018 (16) GSTL 531. 

The Bombay High Court observed that when appellant substantially complied with the conditions of stay order passed in 1997 but fully complied with terms of stay  before dismissal of appeal in  2013 hence dismissal of appeal on the ground that there was   delayed compliance of stay order is not tenable when admittedly duty fine and penalty paid before dismissal of appeal due to Non compliance. The order of dismissal of appeal set aside appeal to be heard on merits.  Techno Forge Ltd 2018 (16) GSTL 373 Bom. High Court.

Saturday, 29 September 2018

29 September 2018 Updates

Service Tax due but not actually Collected from Customers eligible for Income Tax Deduction: Bombay HC [Read Judgment]

Read more at: http://www.taxscan.in/service-tax-due-collected-customers-eligible-income-tax-deduction-bombay-hc/28913/
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Dear CAs, don't sign any Project Report or Estimates or Provisional Figures,

Now Calcutta High Court comes hammer & tongs at CAs

In the latest judgement in Binod Kumar Agarwala vs. CIT, the Hon’ble Calcutta High Court has signaled a zero-tolerance policy towards the alleged nefarious practice of CAs.

The High Court slammed the CAs for certifying bogus loans and misleading lenders, which in turn has led to the colossal NPAs.

“The matter is typical of how business is conducted in this country and why loans obtained from banks remain unpaid,” the High Court observed.

The assessee committed fraud on the bank and obtained credit facilities by misrepresenting its financial position.

To aid him in the criminal act, a firm of chartered accountants named
‘Roy Ghosh and Associates’ issued a certified balance sheet containing 
bogus figures.

The CA firm boldly issued a disclaimer stating that the figures “have no relation with the actual figures”.

“We are giving the information and explanations herewith purely 
based on estimate basis and have no relation with the actual figures and
to avail the bank loan.”, it was stated.

The High Court seethed with anger at the blatant temerity of the Chartered Accountant in certifying the bogus balance sheet.

“The substance of the appellant’s submission is that to suit a 
person’s purposes before one authority or the other, different pictures 
as to the financial position of such person or any entity under the 
control of such person may be presented.

This is a question larger than any legal issue under the Income Tax Act and is a matter of public policy.

It is inconceivable that a person may approach a bank by 
inflating the value of his assets and a few months down the line he can 
deflate the value of the assets, so to say, while queuing up to pay tax.”

It is scarcely expected of a banker to question the veracity of 
any accounts certified by a firm of chartered accountants or to look 
into the fine print and comprehend therefrom that utterly bogus figures 
had been furnished only for the purpose of availing of the credit 
facilities from the bank”, it was observed.

The High Court came down heavily on the practice of painting a rosy 
picture as to the financial position of the applicant seeking credit 
facilities while at the same time slipping in another balance-sheet and 
P&L A/c in the income-tax records indicating a less robust financial
position of the constituent.

It described Roy Ghosh and Associates as a “willing accomplice” to this criminal and fraudulent practice.

It also held that the accounts cannot be “tailor-made to suit a 
particular purpose or window-dressed to make it attractive for bankers 
to rely thereupon and all the gloss and sheen removed thereafter when it
was the time to pay tax.”

ITAT hauled up for not reporting the CA to the ICAI

The ITAT passed strictures and observed that a Chartered
Accountant
is governed by certain discipline and he has to conduct audit in 
accordance with the provisions and rules of the Chartered Accountants Act.

It also noted that Schedule II and Part 1 holds a chartered 
accountant guilty of professional misconduct if he permits his name or 
name of his firm to be used in connection with the audit based on estimate.

However, the High Court hinted that the ITAT should have gone further and been vigilant towards the abetment by the CA in the “commission of a colossal act of misrepresentation”.

“Indeed the Appellate Tribunal may only be faulted for not 
reporting Roy Ghosh and Associates to the Institute of Chartered 
Accountants for having apparently abetted in the commission of a 
colossal act of misrepresentation which the appellant assessee undertook
before his bankers for the purpose of obtaining credit facilities by 
indicating a financial position that was not warranted by the books of 
the assessee”, it held.

ICAI directed to examine the issue

Ultimately, the Hon’ble High Court directed that a copy of the order 
be sent to the ICAI for appropriate steps, if thought fit, to be taken 
against Roy Ghosh and Associates in accordance with law and upon due 
notice to such firm of CAs.

Whether the ICAI has taken any steps pursuant to the directions of the High Court is not known as of date.

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1. AADHAAR: The Supreme Court upheld the constitutional validity of the government’s Aadhaar scheme as pro-poor and inclusionary. Linking Aadhaar with PAN is mandatory and so filing of ITRs and for transfer of subsidies benefits or services provided by the Govts. The Aadhaar won’t be mandatory for opening bank accounts, getting a phone connection or school admissions.

2. GST:  30 SEP 2018 is the last date for filing GSTR-6 for Jul'17 to Aug'18.

3. GST: Taxmen arrest three Businessmen in Bengaluru for issuing fake GST invoices to claim input tax credit.

4. GST: Supply of solar inverter, controller, battery and panels would covered under “Solar Power Generating System” as a whole in terms of Serial No.234 of Schedule-I of the NN.01/2017-CT(Rate) - applicable rate of GST on such supply will be 5% IGST (2.5% CGST + 2.5% SGST) – AAR, Uttarakhand in Eapro Global Ltd. (2018 (9) TMI 1526).

5. IT: Claim of expenditure - Damages paid by the assessee to Microsoft Corporation USA for unauthorized use of software / operating system - the payment of such damages is allowable business expenditure u/s. 37(1) – MD India Healthcare Services (TPA) Pvt. Ltd., Vs ACIT (2018 (9) TMI 1548 - ITAT Pune).

6. IT: The loss caused by embezzlement by the employee was incidental to the employment and entrustment of duty and should be allowed in computing the business income of the year under consideration -DCIT Vs. National Engineering Industries Ltd. (2018 (9) TMI 1545 - ITAT Kolkata).

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# ICAI Election 2018 :  Nominations for 32 Central Council (CC) Seats and 64 Regional Council (RC) Seats have been completed y’day (26.09.18). The Region wise list of probable candidates is expected soon.

# ICAI has launched A unique and exclusive Job Portal for CAs https://cajobs.icai.org where no. of companies and vacancies increasing every day. Members can find a best job on this portal that matches their interest.

# GST: MoF issues a circular clarifying applicability of GST on Residential programs or camps meant for advancement of religion, spirituality or yoga by religious and charitable trusts – C.N.66/2018, dt.26.09.2018.

# GST: Marg Sudharan Shulk charged and collected by applicant for the maintenance of forest road, from non-govt, pvt and commercial vehicles engaged in mining work in lieu of use of forest road - Levy of GST confirmed – AAR, UK in DFO, Dehradun (2018 (9) TMI 1647).

# GST: Post GST regime, the pending refund claim of CENVAT credit under Central Excise, if sanctioned, will necessarily have to be paid in cash – Toshiba Machine (Chennai) Pvt. Ltd. Vs CCE (2018 (9) TMI 1576 - CESTAT Chennai).

# IT: Credit of TDS deducted from salary - Revenue directed to give the credit even if employer failed to deposit TDS amount with the Govt. – Devarsh Pravinbhai Patel Vs ACIT (2018 (9) TMI 1635 - Gujarat HC).

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Due Dates to claim Transitional Credit is Procedural in Nature, Input Credits can’t be denied on Procedural Grounds: Madras HC [Read Judgment]

Read more at: http://www.taxscan.in/due-dates-claim-transitional-credit-procedural-nature-input-credits-procedural-grounds-madras-hc/28964/
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NCLT (Guwahati Bench) : In IDBI Bank Limited vs. Kitply Industries Ltd.

Where the financial creditor instead of proposing name of Insolvency Resolution Professional (IRP) for appointment by Adjudicating Authority travels beyond its assigned territory appointing IRP, such minor lapses have to be ignored if the person concerned otherwise fulfils the requirements which law requires.

Read full case law at : https://dasgovernance.com/2018/09/28/nclt-guwahati-bench-in-idbi-bank-limited-vs-kitply-industries-ltd/
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Calculation of Turnover for Tax Audit  u/s 44 AB of Income Tax Act, 1961:

(i)For Assessee in share trading business to give them clear understanding whether they are liable to get their accounts audited for tax audit u/s 44AB of the Income Tax Audit. So, let's check what law dictates about it.

Tax Audit Applicability under section 44AB:

(i)An individual who is engaged in business and the annual turnover of his/her business is Rs 1 crore and above.

(ii) Determination of turnover u/s 44AB of income tax act,1961, in case of trading of shares either on speculation or non speculation basis

(iii) “As per Section 43(5) of the Income Tax Act, 1961, INTRA-DAY TRADING shall be considered as SPECULATIVE BUSINESS TRANSACTIONS and the income therefrom would be either speculation gains or speculation losses. Income from speculation gains is taxed at the normal rates.”

(iv) However, Income from trading F&O (both intraday and overnight) on all the exchanges is considered as NON-SPECULATIVE BUSINESS TRANSACTIONS as it has been specifically defined this way.

(v) Income from shorter term equity delivery based trades (held for between 1 day to 1 year) are also best to be considered as non-speculative business income if frequency of such trades executed by you is high or if investing/trading in the markets is your main source of income.

Turnover or gross receipts in respect of transactions in shares,securities and derivatives may be determined in the following manner:

(i)As per  Para 5 of “Guidance Note on Tax Audit under Section 44AB of the Income Tax Act,1961″ issued by The Institute of Chartered Accountants of India (ICAI):

(a) For Speculative Transactions:

“The Turnover is net of all positive and negative income from various transaction and not total of all Sales transaction.So if your Net Income > 1 Crores rs., you are liable to tax audit.”

(b) Derivatives, Futures And Options (Non- Speculative Transactions)

“The turnover in such types of transactions is to be determined as follows:

(i) The total of favourable and unfavourable differences shall be taken as turnover.(i.e suppose in 1st transaction you have incurred loss of Rs 65 Lacs and after that you entered in profit transaction in which you have earned Rs 36 lacs, Then as per this guidance note you are liable to tax audit because total of  of Profit and Loss a/c exceed Rs 1 Crore)

(ii) Premium received on sale of options is also to be included in turnover.(Call or Put Premium paid/received)

(iii) In respect of any reverse trades entered, the difference thereon, should also form part of the turnover.”

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Profiteering Charges against Restaurant can’t be made for Increase in Base Price to Compensate Denial of ITC post Rate Reduction: NAA [Read Order]

Read more at: http://www.taxscan.in/profiteering-charges-restaurant-increase-base-price-compensate-denial-itc-post-rate-reduction-naa/28987/
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30th GST Council Meeting: Key Decisions

Read more at: http://www.taxscan.in/30th-gst-council-meeting-key-decisions/28994/
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Highlights of the Aadhar judgement given by Honorable Supreme Court of India:

1. Aadhaar mandatory for filing of IT returns and allotment of Permanent Account Number;

2. Not mandatory to link Aadhaar to bank accounts;

3. Telecom service providers can't seek linking of Aadhaar;

4. Nothing in Aadhaar Act that violates right to privacy of individual

5. SC upholds passing of Aadhaar Bill as Money Bill by Lok Sabha;

6. No child can be denied benefits of any schemes on not being able to bring their Aadhaar number;

7. Government not to give Aadhaar to illegal immigrants

8. CBSE, NEET, UGC cannot make Aadhaar mandatory, also not compulsory for school admissions;

9. Aadhaar authentication data cannot be stored for more than six months;

10. SC Constitution Bench strikes down the National security exception under the Aadhaar Act

11. Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data struck down

12. Robust data protection regime has to be brought in place as early as possible, says Justice Sikri in majority verdict

13. There is sufficient defence mechanism for authentication in Aadhaar scheme: Justice Sikri

14. The concept of human dignity has been enlarged in the judgement, says Justice Sikri

15. SC declares Aadhaar scheme as constitutionally valid

16. There is no possibility of obtaining a duplicate Aadhaar card: Justice Sikri

17. It is better to be unique than being best; Aadhaar means Unique: SC

18. SC says there has been minimal demographic and biometric data collected by UIDAI for Aadhaar enrolment

19. Attack on Aadhaar by petitioners is based on violation of rights, will lead to a surveillance State

20. Justice A K Sikri pronounces judgement on Aadhaar for himself, Chief Justice of India Dipak Misra and Justice A M Khanwilkar
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No sec. 43B disallowance on unpaid service tax if amount on which service tax was payable not received*

[2018] 97 taxmann.com 525 (Bombay)

HIGH COURT OF BOMBAY
Principal Commissioner of Income Tax-II, Mumbai
v.
Tops Security Ltd.

Section 43B of the Income-tax Act, 1961 - Business disallowance - Certain deduction to be allowed only on actual payment (Service tax) - Assessment year 2006-07 - Assessee provided detection and security services to its clients - Assessee did not receive any amount from its clients, on which services tax was payable - Assessee claimed unpaid services tax as its liability - Assessing Officer was of a view that by virtue of section 43B, service tax could be allowed only when paid, thus, amount was not liable for deduction - Whether section 43B does not contemplate liability to pay services tax before actual receipt of funds in account of assessee - Held, Yes - Whether since services were rendered, liability to pay service tax in respect of consideration would arise only upon assessee receiving funds and not otherwise, thus, liability claimed by assessee could not be disallowed under section 43B - Held, Yes [Para 10] [In favour of assessee]
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5% GST applicable to Food, Soft Drinks and Snacks supplied in Snack Bar and Food Court: AAR [Read Order]

Read more at: http://www.taxscan.in/5-gst-applicable-food-soft-drinks-snacks-supplied-snack-bar-food-court-aar/28971/
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GST Audit can’t be done by an Internal Auditor: ICAI

Read more at: http://www.taxscan.in/internal-auditor-entity-gst-audit-icai/29005/
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Shareholders reject re-appointment of Apollo Tyres MD

Minority shareholders of Apollo Tyres have rejected the re-appointment of Neeraj Kanwar as managing director in a major defeat of the promoter at the hands of shareholders. Kanwar is also the vice-chairman of Apollo which is the country’s second-largest tyre maker. Apollo Tyres’ board of directors will discuss the resolution in the next meeting and determine the course of action to be taken with respect to it. The company would like to reiterate that it is the vision and resolve of the company, and its senior leadership, to deliver value to all its stakeholders including employees, shareholders, customers, partners and other relevant communities, it said in a statement. Some Indian institutional investors including mutual funds are believed to have voted against Kanwar on the issue of high compensation. The voting result is more a reflection of the compensation drawn by Kanwar than his ability to manage the company, said the source cited above. Kanwar took home an annual compensation of ₹42.8 crore in 2017, a 43% hike over his take-home of ₹30 crore in 2016. Apollo’s annual standalone net profit in 2017 was ₹622.4 crore, a decline of 23% over last year. Annual consolidated net profit also declined by 34% at ₹724 crore. This is the first instance where the shareholders have questioned the controlling shareholders on their right to manage their own company, said Amit Tandon, a proxy advisory firm. This is also a signal that promoters should be more thoughtful in the resolutions they propose and have an open channel of communication with investors to understand their thinking, Tandon said. Minority shareholders, including local and foreign institutional ones, have been using every opportunity to vote against resolutions that they consider to be unfair or against the interests of the firm, scuppering management and promoter plans. The most high-profile case was that of HDFC where chairman Deepak Parekh was almost voted out in July when foreign proxy firms advised clients to vote against him.

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Internal Auditor can not be a GST Auditor - ICAI

Announcement Sub. : Internal Auditor not to undertake Goods and Service Tax (GST) Audit simultaneously
We have received enquiries from the members at large and other stakeholders as to whether an internal auditor of an entity can also undertake GST Audit of the same entity as required under the Central Goods and Service Act, 2017.

The Council of the Institute, while considering the issue at its 378th Meeting held on 26th and 27th September, 2018, noted its earlier
decision taken at its 281st Meeting held from 3rd to 5th October, 2008, that internal auditor of an assesee, whether working with the organization or independently practising Chartered Accountant being an individual chartered accountant or a firm of chartered accountants, cannot be appointed as his Tax auditor (under the Income Tax Act, 1961).
Upon consideration, the Council has decided that based on the conflict in roles as statutory and internal auditor simultaneously, the bar on internal auditor of an entity to accept tax audit (under Income Tax Act, 1961) will also be applicable to GST Audit (under the Central Goods and Service Act, 2017).

Accordingly, it is clarified that an Internal Auditor of an entity cannot undertake GST Audit of the same entity.
28.9.2018

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No GST on services of religious and charitable trusts by way of residential programmes or camps*

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Internal Auditor can not be a GST Auditor - ICAI

Announcement Sub. : Internal Auditor not to undertake Goods and Service Tax (GST) Audit simultaneously

We have received enquiries from the members at large and other stakeholders as to whether an internal auditor of an entity can also undertake GST Audit of the same entity as required under the Central Goods and Service Act, 2017.

The Council of the Institute, while considering the issue at its 378th Meeting held on 26th and 27th September, 2018, noted its earlier decision taken at its 281st Meeting held from 3rd to 5th October, 2008, that internal auditor of an assesee, whether working with the organization or independently practising Chartered Accountant being an individual chartered accountant or a firm of chartered accountants, cannot be appointed as his Tax auditor (under the Income Tax Act, 1961).

Upon consideration, the Council has decided that based on the conflict in roles as statutory and internal auditor simultaneously, the bar on internal auditor of an entity to accept tax audit (under Income Tax Act, 1961) will also be applicable to GST Audit (under the Central Goods and Service Act, 2017).

Accordingly, it is clarified that an Internal Auditor of an entity cannot undertake GST Audit of the same entity.

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NCLT (Delhi Bench) : In Seatel Electronics (India) (P.) Ltd.

Where the applicant has not come with clean hands and has suppressed facts, cannot be a ground to reject the application if it is otherwise complete in all aspects.

Read full case law at : https://dasgovernance.com/2018/09/29/nclt-delhi-bench-in-seatel-electronics-india-p-ltd/

29 September 2018 News

Quote of D-DAY:

Never waste Your Energy in Worrying About What You did in the Past, *Show Your Best Today,* Because,,,,,
*Everyone wants to read Today's Newspaper* and Not Yesterday's.

  Good Morning 🌹🌹

Happy Reading on 29.09.2018

*Mint*

=> *RBI bars Bandhan Bank from opening new branches*

=> Wipro vice-president quits in second high-profile exit in two months

=> KKR, Blackstone Group weigh $3 billion Shriram deal

=> Ministerial panel to study need for disaster levy in GST

=> Sushma Swaraj snubs Pakistan at Saarc foreign ministers’ meet

=> Indian Hotels retains iconic Taj Mansingh
...........................................

*Business Standard*

=> Modi govt cuts gross market borrowings by Rs 700 billion for FY19

=> Tata's Indian Hotels outbids ITC, retains Taj Mansingh for another 33 years

=> RBI cracks whip on Bandhan Bank for violating shareholding norms

=> Custom duty hike on 19 items hit consumer durable makers the most
...........................................

*Economic Times*

=> *🇮🇳 India 🇮🇳wins Asia Cup final in dramatic style on last ball*

=> RBI slaps Rs 5 crore penalty on Karur Vysya Bank

=> Singapore, Mauritius fight for relevance after DTAA amendments in 2016

=> Fertiliser prices may rise 5-26 per cent

=> Government extends import restrictions on peas till Dec 31

=> Airlines set to connect Mumbai with 6 new global destinations
...........................................

*Financial Express*

=> India's external debt declines 2.8% to USD 514.4 billion at end-June, says RBI

=> China says it won't be pushed around by US on trade

=> Facebook says security flaw affected 50 million accounts

=> Tesla faces a reckoning with CEO Elon Musk's job in jeopardy

=> Asia Cup 2018: India pip Bangladesh in thriller to win final

=> Uttarakhand receives investment proposals worth whopping Rs 74,000 crore, confirms CM Trivendra Singh Rawat
...........................................

*Hindustan Times*

=> Women of all ages can enter Sabarimala temple, rules Supreme Court

=> US Senate panel approves Trump’s Supreme Court pick Brett Kavanaugh

=> India beat Bangladesh in last ball thriller to clinch Asia Cup 2018 title

=> *Facebook says 50 million users affected by security breach*

=> Indian warship picks up Commander Tomy from remote Indian Ocean island

=> Supreme Court allows Pune police to continue activists’ probe
............................................
*Indian Express*
=> NCP in damage limitation mode after two party leaders quit over Pawar's Rafale remarks

=> Were you logged out of Facebook today? Well, you were among 90 million whose accounts were compromised

=> India win second consecutive Asia Cup title, beat Bangladesh by three wickets

=> Tsunami strikes Indonesian island Sulawesi after 7.5 magnitude quake

=> Elgaar Parishad case: Activists' arrest not due to dissent, says SC; rejects demand for SIT

=> Sabarimala verdict: CPM happy, Congress treads middle path, BJP seeks consensus
...........................................

*The Hindu*

=> Facebook reveals security breach affecting 50 million user accounts

=> Senate panel backs Trump's court pick, but Flake seeks FBI probe

=> Gutkha scam: more police officers under CBI scanner

=> Major quake and tsunami cause deaths in Indonesian city

=> Imran Khan’s bid to crowdfund $14 billion for Pakistan dams dubbed unrealistic
...........................................

*The Times of India*

=> India beat Bangladesh, win seventh Asia Cup title

=> FB reveals security incident affecting 50m users

=> Eradicated polio virus found in vaccine batches

=> Sushma ignores Pak counterpart Qureshi at UN

=> Pawar has not given ‘clean chit’ to PM Modi: Cong

=> Bhima-Koregaon: SC refuses to constitute SIT
..........................................

*अमर उजाला*
=> बीएसएफ जवान से बर्बरता का भारत ने लिया बदला, मार गिराए 11 पाकिस्तानी सैनिक, सीमा छोड़ भागे दुश्मन

=> बांग्लादेश को रौंदकर एशिया का चैंपियन बना भारत, सातवीं बार खिताब पर किया कब्जा

=> 5 करोड़ यूजर्स के डाटा में हुई सेंधमारी, फेसबुक ने हटाया फीचर

=> डीजल-पेट्रोल के बाद अब वाहन और रसोई गैस भी होंगे महंगे

=> दिल्ली में बच्चों के मरने का सिलसिला जारी, डिप्थीरिया से 3 और की मौत, आंकड़ा पहुंचा 24

=> सर्जिकल स्ट्राइक की दूसरी सालगिरह, पीएम ने पराक्रम प्रदर्शनी का उद्घाटन किया
...........................................

*हिन्दुस्तान*

=> राजधानी-शताब्दी से भी तेज चलेगी T18 ट्रेन, दौड़ने को तैयार

=> पटना में 30 किमी प्रति घंटा की रफ्तार से दौड़ेगी मेट्रो,होंगे छह डिब्बे

=> इंडोनेशियाः भूकंप के बाद पालू शहर में सुनामी, 3.5 लाख है शहर की आबादी

=> ईरानी सेना ने सऊदी अरब,UAE को 'लक्ष्मण रेखा' पार ना करने के लिए चेताया

=> IndvsBan Final: लिटन दास ने मचाया धमाल, शतक मारकर तोड़े कई रिकॉर्ड
...........................................

*दैनिक जागरण*

=> फिर हैकर्स के हाथ लगा फेसबुक के 5 करोड़ यूजर्स का डाटा

=> *खुशखबरी : अगले चार महीने में 6000 रेलवे स्टेशनों पर मिलेगा वाई-फाई कनेक्शन*

=> *कुंभ के दौरान इलाहाबाद में देखने को मिलेगी शहीद भगत सिंह की पिस्टल*

=> राफेल पर शरद पवार के बयान से नाराज तारिक अनवर ने दिया NCP से इस्तीफा

=> पीडीपी विधायक का अंगरक्षक आठ राइफलें और पिस्तौल लेकर फरार,पूरी वादी में एलर्ट
...........................................

*प्रभात ख़बर*

=> Asia Cup 2018 Final : भारत ने आखिरी गेंद पर बांग्लादेश को हराकर सातवीं बार एशिया कप जीता

=> झारखंड सरकार के मुख्य सचिव बने रहेंगे सुधीर त्रिपाठी, मिला तीन माह का एक्सटेंशन

=> होटल ताज मानसिंह पर बना रहेगा टाटा समूह का कंट्रोल, नीलामी में ITC को पछाड़ा

=> राफेल डील मामला : NCP अध्यक्ष शरद पवार के बयान से नाराज तारिक अनवर ने पार्टी और लोकसभा से दिया इस्तीफा

=> Reliance Jio की 5G सर्विस 2020 तक...!

=> 1,000 लीटर शुद्ध पानी अब 60 रुपये में, आइआइटी खड़गपुर का कमाल
...........................................

29.09.18 Economic News

👉The 30th meeting of the GST Council decides to set up a Seven- Member Group of Ministers to make suggestions on the demand for 10% cess on SGST for Kerala rehabilitation, the GoM may also study  other options such as National Disaster Cess as well.

👉CBIC releases Frequently Asked Questions (FAQs) on TCS under GST containing 29 question. To download click, https://goo.gl/qZGGx2

👉Mumbai police’s Economic Offence Wing(EOW) files case against 300 Brokers in NSEL Scam Case on SEBI complaint. SEBI has filed a complaint against them with EOW Mumbai, on the basis of which the latter has registered case under the Forward Contracts (Regulation) Act, 1952

👉RBI imposes a penalty of Rs 5 Crore on Karur Vysya Bank for Non-Compliance of its Directives on "Income Recognition and Asset Classification (IRAC) Norms, reporting of frauds, and on the need for discipline at the time of opening of current accounts".

👉RBI Freezes Salary of Bandhan Bank CEO & stops Branch Expansion for Non-Compliance of Promoter Holding Rules

👉RBI issues the Draft Guidelines on Prohibiting Market Abuse which propose to Debar Errant Participants from accessing the market. The Directions, called the Reserve Bank of India (Prohibition of Market Abuse) Directions 2018 define what is Market Manipulation, Benchmark Manipulation and Misuse of Information as well.

👉MCA constitutes High Level Committee on Corporate Social Responsibility– 2018 (HLC-2018) to review the Existing Framework and Guide and formulate the roadmap for a Coherent Policy on CSR

👉ICAI clarifies that an Internal Auditor of an entity Cannot Undertake GST Audit of the Same Entity.

👉Government hikes Duty Incentives for Exports of as many as 28 Milk Related Products under a scheme to boost their overseas shipments. The Duty Benefits are enhanced under the Merchandise Export from India Scheme (MEIS).

Friday, 28 September 2018

28 September 2018 Updates

CBI Arrests Asst Commissioner of Customs in a Bribery Case

Read more at: http://www.taxscan.in/cbi-asst-commissioner-customs-bribery/28927/
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Date of submission of ‘Tax Audit Report and Income Tax Return’ has been extended to 15th of October 2018. Effects of the same would be:

Late Fees, of Rs.1000/- and 500/-, u/s 234F will not be levied in case ITR is filed on or before 15th of October 2018

Expenses u/s Sec 43B, which are allowed on the basis of actual payment made, will be allowed if paid on or before 15th of October 2018.

TDS, which has already been deducted on or before 31st of March 2018, deposited on or before 15th of October 2018 will not result into  disallowance of expenses u/s 40(a)(i) & 40(a)(ia)

Loss under the head “Business of Profession” and “Capital Gains” can be carried forward even ITR is filed after 30th of Sep., 2018
but on or  before 15th of October 2018.

Profit Linked deductions (Section 80-IA to 80-IE), deduction under Section 10AA of the Income tax Act, 1961 will be allowed even if ITR is filed after 30th of Sep., 2018 but on or before 15-Oct-2018.

Better to pay Self Assessment Tax till 30th of Sep., 2018 in order to save interest u/s 234A of the Act and File Income Tax Return on or before 15th of October 2018.

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#Breaking: NAA confirms Anti-Profiteering Charges on Maybelline Dealer [Read Order]

Read more at: http://www.taxscan.in/naa-confirms-anti-profiteering-charges-on-maybelline-dealer/28921/
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Kin reveals Rs. 81 Lakh Tax Evasion by Uncle: Gujarat HC directs to Register FIR [Read Order]

Read more at: http://www.taxscan.in/kin-reveals-rs-81-lakh-tax-evasion-uncle-gujarat-hc-directs-register-fir/28899/
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PILCOM can be treated as Agent of Cricket Boards of Sri Lanka and Pakistan for imposing Tax on 1996 World Cup Receipts: Calcutta HC [Read Judgment]

Read more at: http://www.taxscan.in/pilcom-treated-agent-cricket-boards-sri-lanka-pakistan-imposing-tax-1996-world-cup-receipts-calcutta-hc/28940/
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Please do not get confused !!

1. The first phase of GST Practitioners Exam to be held on 31.10.2018 will be only for those persons who are Sales Tax Practitioners (STP) or Tax Return Preparers (TRP).  [ Rule 83(1)(b) of (CGST) Rules 2017 ]

2. The above STP & TRP should have at least five years of practice tenure. [ Rule 83(1)(b) of (CGST) Rules 2017 ]

3. The above STP & TRP should also have Enrolled as GST Practitioners on the GST Common Portal. [ Rule 83(2) of (CGST) Rules 2017 ]

4. The Enrolment ID of the above Enrolled persons should be approved upto 24.09.2018. [ As per guidelines rules of NACIN, Faridabad ]

- So the other persons who do not fall in the above points should wait for the further notifications of next phase of GST Practitioners Exam.

- And it should be noted clearly that everyone who have enrolled as GST Practitioner on the GST Common Portal are required to appear and clear this exam, either in this phase or the next upcoming phases otherwise their Enrolment ID will not be held as valid. [ Rule 83(3) & 84 of (CGST) Rules 2017 ]
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ICAI submits Suggestions on GST Annual Return Form to Govt [Read Suggestions]

Read more at: http://www.taxscan.in/icai-submits-suggestions-gst-annual-return-form-govt/28950/
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ANNOUNCEMENT Unique Document Identification Number (UDIN)

It has been noticed that financial documents/ certificates attested by third person misrepresenting themselves as CA Members are misleading the Authorities and stakeholder. ICAI is also receiving number of complaints of forged signatures. To curb the malpractices, the Professional Development Committee of ICAI has implemented an innovative concept of UDIN i.e. Unique Document Identification Number to secure the certificates/documents attested/certified by practicing Chartered Accountants which will be made 👉 mandatory with effect from 1st January, 2019.

👉 Full time Practicing CAs can register them by visiting at https://udin.icai.org/ and generate UDIN by registering the certificates/documents attested/certified by them.

👉 To generate UDIN, Members are required to provide only 3-5 key fields of the certificate/ document which is being attested and there is no need to upload it.

👉 Through UDIN and the key fields as mentioned by CAs, the Regulators/Banks/third parties will be able to check the authenticity of the documents/reports/certificate. Further, this portal would help in tracing forged/wrong documents prepared by any third person misrepresenting himself as a Chartered Accountant, as any person other than Chartered Accountant will not be able to upload the documents.

👉 For Process and related Frequently-Asked Questions, please visit https://udin.icai.org/ . For any other further assistance/clarification, you may reach us at 011–30110411/444 or email at udin@icai.in .

👉 MEMBERS ARE ADVISED TO REGISTER THE DOCUMENTS CERTIFIED BY THEM & GET THESE SECURED.

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ICAI submits Suggestions on GST Annual Return Form to Govt [Read Suggestions]

Read more at: http://www.taxscan.in/icai-submits-suggestions-gst-annual-return-form-govt/28950/
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Mumbai to host World Congress of Accountants in 2022

Read more at: http://www.taxscan.in/mumbai-world-congress-accountants/28957/
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TDS, TCS for GST kick-in from October 1: Deduction, registration, compliance, challenges – All you need to know

The GST law requires TDS to be deducted by certain specified Government bodies/ PSUs, where the total value of supply, under a contract, exceeds Rs. 2,50,000.

The sudden but delayed implementation of TDS provisions from 1 st October 2018 has presented certain challenges amongst the industry.

After the GST regime gained momentum, the government decided to introduce TDS and TCS provisions. The GST law requires TDS to be deducted by certain specified government bodies/ PSUs, where the total value of supply, under a contract, exceeds Rs 2,50,000.

The recipient of supply i.e. the TDS Deductor is obligated to deduct 2% (1% CGST + 1% SGST) from the payment made or credited for taxable goods or services or both. The aim to bring this provision is to keep a watch on tax evasion and leakages to the extent possible.

The sudden but delayed implementation of TDS provisions from 1st October 2018 has presented certain challenges amongst the industry. The challenges would range from initial hiccups to long-lasting impact on the business of companies. Some noticeable challenges with this implementation are outlined below.

Transitioning to TDS:

The priority for the deductors at this stage is smooth transition considering the additional compliance and legal requirements to deduct tax. This has resulted in businesses analyzing the trigger point for deduction of tax. One key issue is whether TDS provisions apply to supplies made prior to 1st October but where payments are received after this date. In order to answer this question, the interpretation of legal provisions becomes critical.

TDS on inter-State supplies:

The GST Law excludes TDS where the supplier registration and the place of supply registration of the TDS deductor are in different states. The provisions do not say that TDS is not applicable to inter-State supplies. However, the FAQ released by Karnataka Government seems to indicate TDS is not to be deducted on inter-State supplies (irrespective of the location of supplier/ place of supply/ location of recipient).

Although the understanding in the FAQ seems to be incorrect, the Department is yet to clarify this position or make the relevant changes to the law. Till then, it remains unclear whether TDS is to be deducted on inter-State supplies.

TDS on inter-unit transactions:

The transactions between two registrations of a same company (even without any consideration) are taxable under GST. As per the provision under TDS, deduction is to be made on payment made or credited to the supplier.

Different companies follow different practices with respect to the compensation mechanisms between its units. In such cases, TDS provisions may pose significant accounting and legal challenges.

Contract value or supply value?

The TDS provision specifies that the tax is to be deducted where the total value of such supply, under a contract, exceeds 2.5 lakh. The question that arises is whether the tax is to be deducted for all supplies under one contract, where the contract value exceeds 2.5 lakh, or the value qua each supply is to be considered irrespective of the contract value. In absence of clarification, the provision could have serious ramifications.

Deduction of exempt supplies?

As per the legal provisions, TDS is to be deducted from payments made or credited for taxable goods or services or both. Taxable supplies have been defined as “supply of good or services or both leviable to tax under the Act”. Therefore, the supplies which have been made exempt by virtue of exemption notifications would also be considered as taxable supplies.

This brings us to the question, whether TDS is to be deducted on payments pertaining to supplies which have been made exempt? Under the Income Tax Law, various Circulars have clarified the non-requirement of deduction in situations where the income is unconditionally exempt. Under GST laws, similar clarifications have not been issued and have been a concern for companies.

Compulsory registration for deductors:

Persons who are required to deduct tax are required to obtain registration (whether or not registered separately). The provision does not address the situation where a person is operating through multiple places of business in one State. It remains unanswered whether such a person would require separate registration for each place of business to comply with the compulsory registration provision or a single registration for the entire State would be enough.

Additional compliance burden:

In addition to legal issues, the business would be required to prepare themselves for certain compliance requirements. Over and above the existing returns, the person deducting the tax would also be required to file GSTR-7 for furnishing the details of tax deducted.vinay

The Deductor would also be required to furnish to the Deductee (supplier of goods or services) a TDS certificate mentioning the contract value, rate of deduction, amount deducted, and amount paid to the government within 5 days from the date the TDS is deposited.

With fresh challenges under the GST, all the stakeholders must be ready for implementation of the TDS provisions before 1st October 2018. There is a dire need to clarify the open issues to avoid confusion.

It will be interesting to see whether the issues relevant for TDS implementation are discussed and clarified during the 30th GST Council Meeting scheduled on 28.09.2018. We can only wait and watch.

28 September 2018 News

Quote of D-DAY

*Singleness of Purpose is One of the Chief Essentials for Success* in Life, No matter What may be One's Aim.

Good Morning !!!

Happy Reading on 28.09.2018

*Mint*

=> *IL&FS Financial Services declares fresh defaults of ₹395 crore*

=> *Yes Bank erodes nearly half of its market value in five weeks*

=> As harvesting season nears, Union govt directs northern states to control stubble burning

=> All eyes on Swaraj’s meeting with Saarc ministers

=> EC sets the stage for Telangana elections
...........................................

*Business Standard*

=> *Warren Buffett's Berkshire Hathaway closes $300 million investment in Paytm*

=> Numetal to match ArcelorMittal's $5.8-billion bid for Essar Steel

=> *SoftBank to raise $100-billion fund every 2-3 years, says Masayoshi Son*

=> Are mosques integral to Islam? SC declines to refer issue to 5-judge bench

=> RBI frees up about Rs 2 trillion worth of liquidity for the banking system

=> FPIs pull out Rs 196 billion in September; quantum of MF flows slows
...........................................

*Economic Times*
=> DoT to consult UIDAI, law ministry on road ahead post Aadhaar order

=> After big bang entry, Ikea faces tariff test

=> *Top management rejig likely at IDFC bank*

=> Aadhaar ruling may hurt state, private services too

=> Myanmar does India-China balancing act in Rakhine

=> Supreme Court to decide on issue of women of all ages entering Sabarimala today
...........................................

*Financial Express*

=> Russia, Pakistan sign MoU on gas pipeline from Iran

=> Sushma Swaraj discusses economy, security with BRICS foreign ministers

=> Commerce Minister Suresh Prabhu removes value limit for exports through post

=> Telecom ministry blames people obstructing mobile tower installation for call drops

=> Last 3 days for tenants in Gautam Buddh Nagar to get rent agreements registered

=> *Surgical Strike 2nd Anniversary:* PM Narendra Modi to attend Combined Commanders' Conference, open Army exhibition
...........................................

*Hindustan Times*

=> India will continue to buy Iran’s oil, says Iran minister after Sushma meet

=> *Asia Cup Final:* India’s predicted XI– Big boys return; Rahul In,Karthik Out

=> Supreme Court likely to deliver verdict on arrest of 5 activists today

=> Supreme Court refuses to review of mosque order, main Ayodhya hearing next

=> ‘Husband not master’: Supreme Court scraps adultery law

=> Last week, Macron’s approval rating was 29 percent, down from a high of 66.
...........................................

*Indian Express*

=> *Lokpal search committee constituted, Justice Ranjana Prakash Desai appointed as chair*

=> SC to decide tomorrow on Elgaar Parishad, Sabarimala temple

=> Model code to kick in right after premature dissolution of Assembly: EC

=> Ayodhya-linked verdict: SC refuses to review 1994 judgment that said 'mosque is not integral to Islam'

=> Govt releases new video of 2016 surgical strikes

=> *Thugs of Hindostan trailer: Aamir Khan and Amitabh Bachchan face off in this action drama*
...........................................

*The Hindu*

=> SC to decide on arrest of activists in riots case

=> Sabarimala temple entry verdict today

=> Uzbek President to invite India to join Afghan rail project

=> Antigua offers to assist on Mehul Choksi

=> Centre appoints search committee for Lokpal

=> Adultery no longer a criminal offence as SC scraps Section 497 of IPC
...........................................

*The Times of India*

=> Government fights rupee drop in policy moves

=> Adultery no longer a criminal affair, SC rules

=> India will continue to buy Iran's oil: Iranian min

=> US to deport overstaying foreigners from October

=> *Govt. constitutes 8-member search panel for Lokpal*

=> Govt releases new video of 2016 surgical strikes
...........................................

*अमर उजाला*

=> आर्थिक संकट से जूझ रही पाकिस्तान सरकार ने भैंस बेचकर कमाए 23 लाख रुपये

=> 200 साल बाद खुला श्रीकाशी विश्वनाथ मंदिर का पांचवां प्रवेशद्वार, अब तक का सबसे चौड़ा द्वार

=> सबरीमाला मंदिर में महिलाओं का प्रवेश हो या नहीं, सुप्रीम कोर्ट आज सुना सकता है फैसला

=> कोरेगांव-भीमा मामला : गिरफ्तार पांच कार्यकर्ताओं पर सुप्रीम कोर्ट आज सुनायेगा फैसला

=> सर्जिकल स्ट्राइक: कमांडरों की बैठक में शामिल होंगे पीएम मोदी, सैन्य प्रदर्शनी का करेंगे उद्घाटन

=> सीलिंग और एफडीआई के खिलाफ आज जंतर मंतर पर प्रदर्शन करेंगे व्यापारी
...........................................

*हिन्दुस्तान*

=> भीमा-कोरेगांव हिंसा: नजरबंद 5 कार्यकर्ताओं पर SC का फैसला आज

=> चीन-भारत ने बढ़ाया दोस्ती का हाथ, सीमा पर तनाव कम करने की हो रही कोशिश

=> अमेरिका में रहने की वैध अवधि खत्म होने पर स्वदेश भेजा जाएगा

=> पाकिस्तान ने डॉन दाऊद के साथी को अच्छे चरित्र का इंसान बताया

=> राफेल पर रार: असहमति जताने वाले अफसर ने ही किए थे हस्ताक्षर- सीतारमण

=> यूनियन बैंक ने नीरव मोदी को हांगकांग की अदालत में घसीटा : रिपोर्ट
...........................................

*दैनिक जागरण*

=> चुनाव आयोग का बड़ा फैसला, अब विधानसभा भंग होते ही लागू होगी आचार संहिता

=> पीएम मोदी सर्जिकल स्ट्राइक प्रदर्शनी का करेंगे उद्घाटन

=> नागरिकता और जाति मामले में पूर्व सीएम अजीत जोगी के बेटे की मुश्किलें बढ़ीं, गवाह मुकरा

=> राफेल की रार पर कांग्रेस का दावा, मैक्रां ने नहीं किया ओलांद का खंडन

=> वुहान शिखर वार्ता के साए में मजबूत हो रहे हैं भारत और चीन के रिश्ते

=> पाकिस्तान ने OIC में उठाया कश्मीर का मुद्दा, भारत हुआ नाराज, कहा- यह अंदरूनी मामला
...........................................

*प्रभात ख़बर*

=> कश्मीर में अलग-अलग मुठभेड़ों में लश्कर आैर हिजबुल के तीन आतंकी ढेर, एक जवान शहीद

=> लोकपाल अध्यक्ष की तलाश के लिए सरकार ने गठित की आठ सदस्यीय समिति

=> Eureka: वैज्ञानिकों ने बनाया दिल की धड़कन जांचने वाला वियरेबल मॉनीटर

=> बोले वेंकैया नायडू : राष्ट्र का निर्माण जन आकांक्षाओं से ही, भारत चाहता है कि पूरा विश्व शांति के साथ रहे

=> आमिर खान के कहने पर नागराज मंजुले की 'झुंड' में शामिल हुए अमिताभ बच्चन

=> मालदीव में बहाल हुआ लोकतंत्र, भारत को संबंधों में मजबूती की आस
..........................................

28.09.18 Economic News

👉Ministry of Finance announces that the Fifth Phase of the Electoral Bond Scheme, 2018, a new scheme for ‘Transparent’ Political Funding, will start from 1st October to 10th October 2018. In the fifth Phase, SBI has been authorized to issue and encash Electoral Bonds through its 29 Authorised Branches

👉In a drive to Ensure Companies passed on the benefits of reduction in GST to consumers, the Centre has directed State Metrology Controllers to assist GST Officers to Cross-Verify Revised Sales Price (MRP) of Pre -Packaged Commodities and Consumer Authorities will undertake a drive to check Labelling.

👉Govt will relax Foreign Direct Investment (FDI) Regulations in the Food Processing Sector to give a Boost to it, which has already attracted $8.7 Billion of Investment. MNCs and investors were facing some hurdles, which has now been removed in terms of Modifications & Harmonisation.

👉Commerce Ministry constitutes a 12-Member High-Level Advisory Group which would suggest ways to promote the Country's Trade & on New Foreign Trade Policy. It would look at areas including Exchange Rate Management, Impact of Trade Wars and Strategy to Manage Consequences of Unprecedented De-Stabilising Conflict Oriented Trade Dynamics.

👉RBI allows Banks to consider a further 2% of their Govt Securities Investments as High Quality Liquid Assets (HQLAs) under the Basel-III Calculations, potentially releasing up to Rs 2 Lakh Crore liquidity in market and soothing a market which is jittery about lending to NBFCs.

👉Government plans to set up 8 Special Courts under the National Company Law Tribunal(NCLT) to handle rising number of cases under the Insolvency Law. NCLT handles Company Law Cases and Merger and Acquisitions, apart from Insolvency and Bankruptcy Cases.

👉SEBI has sought details from Mutual Funds about their exposure to all NBFCs and Housing Finance Companies, amid concerns over liquidity in the system

28th September 2K18

Economic Times

Ø  Sebi asks MFs for details on exposure to NBFCs
Ø  India will continue to buy Iran's oil: Iranian minister
Ø  IL&FS Finserv misses loan repayments due this month
Ø  PNB approves proposal to raise Rs 5,431 cr from govt
Ø  Commerce min forms panel on new foreign trade policy
Ø  UCBs converting to SFBs must set up a public co: RBI
Ø  Thyssenkrupp mulls separation of major biz

Business Standard

Ø  Govt fights rupee drop as RBI takes steps to ease liquidity for banks
Ø  Linking Aadhaar becomes mandatory for subscribers availing EPS benefits
Ø  Govt may announce steps to boost exports, further curbs on imports: FinMin
Ø  SBI to issue and encash electoral bonds from Oct 1 to 10, says FinMin
Ø  RBI to meet large shareholders of IL&FS on Friday, discuss turnaround plan

Business Line

Ø  NCDEX starts clearing operations via subsidiary
Ø  Centre to relax FDI regulations in food processing sector
Ø  L&T’s power arm bags orders worth Rs 1,400 cr
Ø  WTO slashes global trade growth forecast to 3.9%
Ø  NMDC to commission Nagarnar coke oven unit, also steel plant
Ø  UST Global acquires Bengaluru-based SeviTech Systems

Mint

Ø  Bitcoin mining giant Bitmain reveals IPO plan
Ø  Yes Bank erodes nearly half of its market value in five weeks
Ø  Anil Ambani seeks to sell control of Reliance Communications
Ø  Aavas Financiers share sale subscribed 97% on last day
Ø  Spot power tariff climbs to 9-year high of ₹15.37 at IEX

Financial Express

Ø  RBI eases cash reserve rules to ease liquidity
Ø  Competition Commission penalises Esaote for unfair business ways
Ø  French government rules out selling Air France-KLM stake
Ø  DoT defers mandatory security testing of telecom gears till January 1
Ø  DPE to issue advisories to PSUs to implement strategic HR practices

Financial Chronicle

Ø  RBI relaxes SLR norms to ease liquidity crunch
Ø  5th tranche of electoral bonds sale from Oct 1
Ø  Indian realty market set to touch $1 trillion by 2030
Ø  Import duty on ATF not to make big impact on airlines