Saturday, 8 December 2018

8 December 2018 Updates

Press Release
7th December, 2018

Extension of due date for filing FORM GSTR-9, FORM GSTR-9A and FORM GSTR-9C

FORM GSTR-9 and FORM GSTR-9A have been notified vide notification No. 39/2018-Central Tax, dated 04.09.2018 while FORM GSTR-9C has been notified vide notification no. 49/2018-Central Tax, dated 13.09.2018 as part of the CGST Rules.

2. The competent authority has decided to extend the due date for filing FORM GSTR-9, FORM GSTR-9A and FORM GSTR-9C till 31st March, 2019. The requisite FORMs shall be made available on the GST common portal shortly. Relevant order is being issued.
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Press Council of India passes Orders against Newspapers for publishing Misleading News against CA Profession

Read more at: http://www.taxscan.in/press-council-news-publishing-misleading-ca/31306/
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Supreme Court has allowed the Income Tax Department to reopen the tax assessment of Congress leaders Rahul and Sonia Gandhi for 2011-12 in connection with the National Herald case.
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Supreme Court has reiterated that any challenge to arbitrator appointed should be raised before arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996, in the first instance and thereafter under Section 34 of the Act.
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Supreme Court in question to it as to whether Section 34(5) of the Arbitration and Conciliation Act, 1996, inserted by Amending Act 3 of 2016, is mandatory or directory? Held, it is directory.
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Supreme Court, while disposing of an appeal against a 60-page ‘remand order’ by the Himachal Pradesh High Court, has observed that brevity being a virtue, it must be observed as far as possible while expressing an opinion.
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Supreme Court has granted interim protection from arrest to a ‘rape’ accused who was accused of kidnapping a girl and committing rape on her and later married the victim.
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Supreme Court has asserted that an order of acquittal cannot be interfered with on the ground that a different view was possible on the basis of evidence available on record.
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Supreme Court has reduced the sentence of one-year imprisonment to three months to a medical shop owner who stored certain drugs without a valid drug licence taking into account his plea that he was not aware that he has to obtain such a licence for sale of drugs.
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Delhi High Court has held that the acknowledgement of the debt in the balance sheet extends the period of limitation.
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Kerala High Court has directed that government should give wide publicity about the flood benefit scheme with the objective of making maximum persons aware of the flood benefit scheme mooted by the Kerala Government.
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Delhi High Court has allowed a 16-year-old rape survivor, who was 22 weeks pregnant, to terminate her pregnancy even after the medical board constituted at GTB hospital said abortion at this stage would carry a higher risk of ‘mortality’ and ‘morbidity’.
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Delhi High Court has pulled up Delhi Transport Corporation (DTC) for its “unnecessary/indiscriminate litigation” and imposed cost of Rs. 1 lakh on it, while suggesting that it revamp its legal department.

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CAIT urges Due Date Extension for GST Return Filing

Read more at: http://www.taxscan.in/due-date-extension-gst/31308/
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Non-fulfillment of Part-B of E-Way Bill not a Minor Omission, Goods can be released by complying Statutory Mandate: Kerala HC [Read Judgment]

Read more at: http://www.taxscan.in/part-b-e-way-bill-released-statutory-mandate-kerala-hc/31312/
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CBDT Chairman said The process of filing tax returns will soon become a lot easier, with the tax department planning to introduce pre-filled fields based on information already available with it, cutting out the tediousness of this annual chore.

One month after the Authority of Advance Ruling (AAR) ruled that back office support services qualify as “intermediary” support services and not exports, officers of the indirect tax department have started issuing preliminary notices to captive units of multinationals and Indian companies exporting offshore support services.

Food supplied in restaurant-cum-sweet shop to be treated as service, attract 5% GST: The AAR ruled, “The supply shall be treated as supply of services and sweet shop shall be treated as extension of restaurants. The rate of GST on the aforesaid activity will be 5 per cent as on date, on the condition that credit of input tax charged on goods and services used in supplying the said services has not been taken.” Even takeaways would attract GST at the rate of 5 per cent.

GSTR-3B is not in addition to GSTR-3: Delhi High Court admits Petition, seeks Response from Govt. Read more at: http://www.taxscan.in/gstr-3b-gstr-3-delhi-hc-petition/31284/

SEBI has proposed a framework for warehouse companies and other allied service providers engaged in non-agricultural goods, a move which will help in improving the delivery and settlement mechanism. The proposed guidelines would be applicable for warehouses and assayers engaged in non-agricultural commodities such as precious metals, gems and stones, metals, minerals and alloys but excludes crude oil, electricity and natural gas.

MCA Form GNL-1 is revised on MCA21 Company Forms Download page w.e.f 7th December, 2018. Stakeholders are advised to check the latest version before filing.