👉LIC Mutual Fund seeks SEBI's Approval to launch LIC Overnight Fund, an Open-Ended Debt Scheme investing in Overnight Securities. The scheme will deploy its entire assets in overnight securities, which includes debt and money market instruments with residual maturity of a single business day.
👉NCLT rejects Arcelor-Mittal India’s plea to set aside the resolution plan submitted by Royale Partners Investment Fund (RPIF) for EPC Construction India (EPIL), formerly Essar Projects India. The lenders of EPC Construction India have approved RPIF’s revival plans with 73% voting.
👉NCLAT states in an order recently that the IBBI will be the Competent Authority and not the NCLT to act against any Resolution Professional (RP) for dereliction of duty. This will encourage professionals who find huge career opportunity in this new-age profession that plays a crucial role in the fight against bad loans.
👉Forensic audit of over 200 companies facing Corporate Insolvency Resolution Action under the Insolvency and Bankruptcy Code (IBC) has revealed irregularities of more than Rs 1 Lakh Crore, including possible diversion of funds. The Ministry of Corporate Affairs (MCA), which is responsible for implementation of IBC, is expected to initiate action against the Promoters, Directors and even Auditors in some cases
👉IBC is in the process of being changed to be effective from the next fiscal to accomodate the Fast Changing Creditor-Debtor Scenario, according to the IBBI. IBBI invites comments from stakeholders and the public on making changes to the current regulations notified under the IBC, 2016.
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GST: Government or state banks – who is to blame for India’s slowdown?
READ MORE- https://www.gststation.in/gst-government-or-state-banks-who-is-to-blame-for-indias-slowdown/
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Punjab: Assistant commissioner GST caught taking bribe by Vigilance Bureau:
READ MORE- https://www.gststation.in/punjab-assistant-commissioner-gst-caught-taking-bribe-by-vigilance-bureau/
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P&G profiteered Rs 250 cr from GST rate cuts, says DGAP report:
READ MORE- https://www.gststation.in/pg-profiteered-rs-250-cr-from-gst-rate-cuts-says-dgap-report/
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IBC UPDATES
1. NCLT held that demand notice being undated is not valid notice and hence the petition u/s 9 is dismissed.
M/s MG Electricals v. Power deal Energy System (India) P. Ltd. Decided on 29.03.2019 [2281/IBC/NCLT/MAH/2018]
2. NCLT held that though subsidiary company has provided security for loan taken by its holding company the Lender can not be termed as Financial Creditor of subsidiary compnay.
Phoenix ARC P. Ltd. [1752/IBC/NCLT/MB/MAH/2017]
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Press Release regarding examination for GST Practitioners on 14.06.2019:
READ MORE- https://www.gststation.in/press-release-regarding-examination-for-gst-practitioners-on-14-06-2019/
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GST rate cuts now benefits consumers more than before: Survey:
READ MORE- https://www.gststation.in/new-gst-rates-will-benefit-builders-more-than-old-ones/
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CBIC has released a new functionalities on GST Website:
READ MORE- https://www.gststation.in/cbic-has-released-a-new-functionalities-on-gst-website/
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Discussion Outcome held two days bacm at NIRC on FORM INC-22A:
1) Date extended
2) In case GNL 2 relief will given to those who filed GNL 2 Form In-between 1 April, 2014 to 20th October 2014.
Thearafter filed GNL 2 will not consider and they have to file immediate effect, No Wait for MCA CLARFICATION. you have to file ADT 1 WITH ADDITIONAL FEE.
3) IN case STK-2 filing if company status showing Active , please file INC22A FORM.
IN case liquidation/amalgamation INC22A need not required to file.
4) Govt Cos under section 139/139(5) if ADT 1 not filed, need to intimation ROC and file ADT 1 WITH ADDITIONAL FEE, There is no exemption for Govt Companies.
5) No updation through ACTIVE Form ( like details of Company ) However the *Email I'd* of the only information that can be edited while filing the form
6) LLP or Foreign Company having Branch office(In India) is not required to file ACTIVE Form.
7) it is advisible to creat a separate email I'd of the company.
8) Two pics: one out side of permise and another inside of permise of the Reg. Office.
9) One time Compliance for all Companies incorporated on or before 31st December 2017.
10) for the purpose of Address of Reg. Office follow the provision of Section 12 of Companies Act 2013.
11) All STP FORM (Inculding ACTIVE FORM) If filled wrongly , Go to conern Roc make application "mark as defective form", If conern ROC agree...will make that form defective..then file a NEW FORM.
12) if Shifting of Reg. office in WIP AND R.D. Approval awaited and company status showing Active then we have to file ACTIVE FORM.
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👉The Bombay High Court has set aside that portion of CBDT’s Action Plan that sought To Incentivise Commissioners of Income Tax-Appeals (CITs-A) who pass ‘Quality’ Orders, which could be detrimental to taxpayers.
👉The Income Tax department detects a Tax Evasion of more than Rs 1,350 Crore during Search and Seizure Operations conducted against Hindustan Powerprojects, a company owned by the nephew of Madhya Pradesh Congress Chief Minister Kamal Nath.
👉With the CBDT setting June 30 as the deadline to Dispose Off Demonetisation Cases, the Income Tax Officials are scanning upon 50,000 Businesses and High Net-Worth Individuals (HNI) over High-Value Unexplained & Dubious Transactions during the demonetization period, for further action.
👉BSE enters into a Memorandum of Understanding (MoU) with Network Intelligence, a Global Cybersecurity Services Provider & CERT-IN empanelled vendor to provide Cyber-Security Services to its members in line with the Cybersecurity Framework set by SEBI.
👉The Chennai Bench of the NCLT imposes a fine on CaratLane Trading Pvt Ltd, a Tata Group company and subsidiary of Titan, its Managing Director and Company Secretary, for not constituting a Nomination & Remuneration Committee in 2016 — as mandated under Section 178 of the Companies Act, 2013 — when the company’s turnover had crossed ₹100 crore.
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GST investigation arm finds P&G India guilty of profiteering Rs 250 crore:
READ MORE- https://www.gststation.in/gst-investigation-arm-finds-pg-india-guilty-of-profiteering-rs-250-crore/
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With GST impact withering away, Surat textile traders are cautiously optimistic:
READ MORE- https://www.gststation.in/with-gst-impact-withering-away-surat-textile-traders-are-cautiously-optimistic/
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ITC ON MOTOR VEHICLE CREDIT
Background
Input tax credit can be availed on the goods/services used in course of business of making taxable supplies of goods/services or exports. The credit can be availed subject to list of blocked credit. ITC pertaining to motor vehicles is restricted in few cases. From the time of introduction of GST, there has been confusion on eligibility of credit on motor vehicles. This has led to non-availment of eligible credit in several instances by assesses.
There has also been a recent advance ruling in case of YKK India Private Limited (2019 (2) TMI 1081) [Authority for Advance Ruling, Haryana] which has held that the credit on rent/hire of buses/cars cannot be availed.
In this backdrop, the paper writer has examined the eligibility to credit related to vehicles, both prior to and post amendment in the list of restricted credit as well as important issues in this context.
Availment of credit related to motor vehicles
ITC on Motor vehicles from July 2017 to Jan 2019:
ITC of the tax paid on the motor vehicles was blocked and should not be availed by a registered person. Such ITC could be availed by a person if the motor vehicles are used for-
a. further supply of such vehicles;
b. transportation of passengers;
c. imparting training on driving, flying, navigating such vehicles;
d. For transport of goods
ITC on Motor vehicles purchased post Feb 2019: The eligibility of ITC depends on the approved seating capacity of the motor vehicle, as under:
a. Approved seating capacity, not more than thirteen, including the driver: ITC is blocked/ ineligible. However, ITC of motor vehicles would be availed only if it is used for making the following taxable supplies:
i. Further supply of such motor vehicles, or
ii. Transportation of passengers, or
iii. Imparting training on driving such motor vehicles
b. Approved seating capacity, more than thirteen, including the driver: No restriction and can avail credit.
Credit on motor vehicles used for transport of goods from July 2017 onwards
There is no restriction on availment of credit on vehicles used in course of business, for transport of goods from July 2017 onwards as well as post amendment in Feb 2019.
Example: When a truck belongs to a company engaged in business of supplying taxable goods. Truck is used to transport raw materials to factory premises/send finished goods to customer, whereby the truck ITC can be availed. Similarly, when the materials are transported to site in truck by contractor supplying taxable construction services. ITC is available on truck.
The person engaged in such transportation using motor vehicle, may have to take care that he cannot avail credit if he pays GST at concessional rate under notification where there is restriction to avail credit or the recipient pays under reverse charge[RCM]-such as GTA[where transporter of goods by road is done and vendor issues consignment note/bilti and recipient registered person pays freight and GST under RCM]
Credit on motor vehicle insurance, repairs: For period till Jan 2019
Section 17(5) of CGST Act restricts ITC 'in respect of' motor vehicles. The term 'in respect of' is usually treated as similar to 'in relation to'. This is a broad term and it is expansive. In the case of UOI vs. Vijay Chand Jain AIR 1977 SC 1302, it was held by the Supreme Court that the words 'in respect of' is of a wide connotation.
The said entry may cover expenses relating to repair, insurance and maintenance of motor vehicles and ITC on such services could be availed only in the same circumstance as applicable to the motor vehicles.[given below]-
Such ITC could be available, only if the motor vehicles are used for-
a. further supply of such vehicles or conveyances;
b. transportation of passengers;
c. imparting training on driving, flying, navigating such vehicles or conveyances;
Credit on motor vehicle insurance, repairs: Post Feb 2019
Credit on general insurance/repairs/maintenance in respect of such motor vehicles[with seating capacity of 13[including driver] is available as follows:
- When used for specified purposes - onward supply of vehicle/supply of transport of passengers/ training services on motor vehicle driving
- Allowed for manufacturer of Motor Vehicle/vessel/aircraft + to supplier of general insurance services-of Motor Vehicle/vessel/aircraft insured by him
For motor vehicle with approved seating capacity of more than 13 persons, no restrictions on availing vehicle related credit, say on insurance, repairs.
ITC on renting of motor vehicles for period from 1.7.2017 to Jan 2019
There was specific restriction on the ITC of the rent-a-cab services and it could be availed only if such services are used for-
a. making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply; or
b. Govt notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in force.
The paper writer has examined what is meant by 'rent', 'motor cab' and 'rent-a-cab'.
Meaning of Rent: The term rent is not defined under GST. Random House Websters Unabridged Dictionary sets out what is meant by 'rent' as:
Rent is usually applied to paying a set sum once or at regular intervals for the use of a dwelling, room, personal effects, an automobile.
The term ‘rent-a-cab' and ‘motor cab' is not defined under GST. However, the term 'motor vehicle' has been defined in GST to have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988. Taking cue from same, accordingly we could refer said Motor Vehicles Act, to understand what is meant by 'cab' under GST, for which we see definition of ‘motor cab', ‘maxi cab' in Motor Vehicles Act, 1988
Motor cab in the Motor Vehicles Act, 1988 is defined therein to mean, any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward...
Maxi cab in the Motor Vehicles Act, 1988: It is defined to mean any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver for hire or reward.
However Section 65(20) of the erstwhile Service Act, 1994 defined 'cab' to mean a motor cab, a maxi cab, or any motor vehicle constructed or adapted to carry more than twelve passengers, excluding the driver, for hire or reward.
From the reading of the above definition, provided in erstwhile Service Act [prior to 1.7.2012], cab could cover motor cab/maxi cab/any motor vehicle constructed or adapted to carry more than twelve passengers excluding the driver.
The department may take a view that 'cab' covers motor cab and maxi cab/any motor vehicle to carry more than 12 passengers excluding driver. Therefore, it could dispute and seek to deny the ITC pertaining to renting of the maxi cabs/buses also. Such a view arrived at by relying on definition given under erstwhile Service Tax law may not be correct .
Rent-a-cab under Motor Vehicles Act, 1988: On going to Motor Vehicles Act, 1988 it does not define the term ‘rent-a-cab'. The concept of rent-a-cab is originating from ‘rent-a-cab' scheme, 1989 framed u/s 75 of Motor Vehicles Act, 1988. On referring to the said section or scheme it only refers to motor cab or motor cycle and not other motor vehicles. Therefore, the restriction of credit in the said provision may be said to be limited to motor cabs [constructed or adapted to carry not more than six passengers excluding the driver] and not other motor vehicles.
If such stance were taken then credit would be restricted on renting of only motor cabs to carry not more than 6 passengers[excluding driver].
If call was taken to avail credit on renting of motor vehicle to carry more than 6 passengers[excluding driver] avail such credit under intimation to dept by RPAD letter and seek confirmation to ensure that there are no demands to reverse/pay back such credit availed along with interest at 24%. We caution dept may further dispute such credit, when for employee pick and drop, by alleging it is for personal use of employees.
ITC on renting motor vehicles for period from Feb 2019
ITC on renting or hiring of motor vehicles with capacity of 13 persons[including driver] for transport of persons is available as follows:
• When used for the purpose specified- onward supply of vehicle/supply of transport of passengers/ training services of motor vehicle driving
• Where inward supply of such service is used by the registered person for making an outward taxable supply of same category of goods or services/ or as an element of a taxable composite or mixed supply
• Where it is obligatory for an employer to provide such services to its employees under any law for time being in force
Credit on leasing of motor vehicles for period till Jan 2019
Meaning of Lease: The term lease is not defined in CGST Act, 2017. According to P Ramanatha Aiyer's Advanced Law Lexicon the term 'lease' means any agreement or arrangement whereby the right to use any goods for any purpose is transferred by one person to another whether or not for specified period for cash, deferred payment or other valuable consideration without the transfer of ownership and includes a sub–lease but does not include any transfer on hire purchase or any system of payment by installments.
The terms renting and leasing of motor vehicles are different and only ITC of the renting of motor cab is restricted under GST. However, the ITC on leasing services of motor vehicle is not restricted under GST.
Credit on leasing of motor vehicles for period from Feb 2019 onwards
ITC on leasing, renting or hiring of such motor vehicles with capacity of 13 persons[including driver] for transport of persons is available as follows:
• When used for the purpose specified- onward supply of vehicle/supply of transport of passengers/ training services of motor vehicle driving
• Where inward supply of such service is used by the registered person for making an outward taxable supply of same category of goods or services/ or as an element of a taxable composite or mixed supply
• Where it is obligatory for an employer to provide such services to its employees under any law for time being in force
The leasing services of motor vehicle, with capacity more than 13 persons[including driver] for transport of persons is available and is not restricted under GST.
Note:
It maybe noted that when person is engaged in making taxable supply of transport of passengers by any motor vehicles on which output GST was paid at 5%, ITC on goods and services used for such outward supply could not be availed from July 2017 to 13th Oct 2017[refer notification no.11/2017-CT(rate)] and thereafter can avail credit on input services of a vendor who is in same line of business.
Recent advance ruling under GST
In Re: M/S. YKK India Private Limited (2019 (2) TMI 1081) [Authority for Advance Ruling, Haryana]GST was charged by the Contractor for hiring of buses for transportation of employees. GST charged by the Contractor for hiring of cars for transportation of employees.
Question raised was on eligibility to such credit.
Held that:-
• Where any commercial vehicle is hired for transportation of passengers, it would be squarely covered by the phrase 'rent-a-cab' In other words, any person who provides motor vehicle designed to carry ‘passengers', on rent, would be included.
• This also implies that it includes renting of motor cars, motor cabs, maxi cabs, mini buses, buses and all other motor vehicles which are designed to carry passengers, irrespective of their capacity to carry passengers.
• The contentions of the applicant that hiring of buses which can carry large number of passengers would not qualify under 'rent-a-cab' is found to be untenable and the activity of the contractor in the instant case, providing buses or cars on hire to the applicant, is specifically covered under the meaning of 'rent-a-cab', which makes the supply as ineligible for ITC in terms of Section 17(5) of the CGST/HGST Act, 2017.
• The applicant is not eligible for input tax credit of GST charged by the Contractor for hiring of buses/cars for transportation of employees.
Comments:
This ruling is based on the list of restricted credit in GST as it stood prior to amendment in Feb 2019. Further this ruling is based on definition of rent a cab under erstwhile ST law as it stood till 30.6.2012 and not applicable thereafter under GST. In paper writers view, further the AAR may not be legally valid as in common understanding, thebusesare not considered as cab
Conclusion
It is suggested to examine the vehicle related credit and if found eligible can proceed to avail same, under intimation to dept by RPAD letter and seek confirmation to ensure that there are no demands to reverse/pay back such credit availed along with interest at 24%. It maybe noted that the missed out credit related to 2017-18 maybe availed before the filing of GSTR 3B returns for March 2019. This last chance maybe taken to ensure that all eligible credit of 2017-18 is availed.
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Gang of GST frauds busted, five arrested:
READ MORE- https://www.gststation.in/gang-of-gst-frauds-busted-five-arrested/
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CL: Where during investigation by SFIO it was found that company and its directors committed serious violations of Act, existing management of company would cease and Government nominated directors were to be appointed to manage affairs of company
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Irregularities found in companies under IBC:
Forensic audit of over 200 companies facing corporate insolvency resolution action under the Insolvency and Bankruptcy Code (IBC) has revealed irregularities of more than Rs 1 lakh crore, including possible diversion of funds. The ministry of corporate affairs, which is responsible for implementation of IBC, is expected to initiate action against the promoters, directors and even auditors in some cases, although it is stretched for manpower and resources, sources told TOI.
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Govt mulling changes in IBC to allow mediation to cut costs, time: Report
The Centre is planning to amend the Insolvency and Bankruptcy Code (IBC) to add a provision for mediation to slash the cost and time taken for the resolution of cases, Business Standard reported. This will allow the government to work out the pre-packaged resolution scheme, the individual bankruptcy scheme and the use of artificial intelligence. After a case is admitted to the National Company Law Tribunal (NCLT), it has to be solved within 180 days, which can be extended by another 90 days. These timelines are not followed strictly. For example, the Essar Steel resolution is still unfinished even though it has been nearly 600 days since the case's admission.
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New Enhancements in E-Way Bill System dated April 23, 2019
Following are the enhancements in E-Way Bill System:
1.Auto calculation of distance based on PIN Codes for generation of e-Way Bill: The e-Way bill system has enhanced with auto calculation of distance between the source and destination, based on the PIN Codes. The e-waybill system will calculate and display the estimated motorable distance between the supplier and recipient addresses.
2.Knowing the distance between two PIN codes: Route distance calculation between source and destination uses the data from various electronic sources.
3.Blocking the generation of multiple E-Way Bills on one Invoice/Document: If the e-way Bill is generated once with a particular invoice number, then none of the parties – consignor, consignee or transporter, can generate the e-Way Bill with the same invoice number.
4.Extension of E-Way Bill in case the consignment is in Transit/Movement: The transporters had proposed to incorporate the provision to extend the e-way Bill, when the goods are in Transit/Movement.
5.Report on list of E-Way Bills about to expire: Taxpayers or transporters can now view the list of e-Way Bills about to expire in a period of 4 days [From current date (T) then (T)-1, (T)+1, (T)+2]. They can keep track of expiry dates for each of the consignments generated.
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GST Notifications
👉🏻Central Goods and Services Tax (Third Amendment) Rules, 2019.
(Notification No. 20/2019–Central Tax)
http://bit.ly/2vldbBE
👉🏻Tax payment & GST Return Filing by 6% Composition Scheme dealers.
(Notification No. 21/2019–Central Tax)
http://bit.ly/2GBrlDU
👉🏻Restriction on furnishing of info in PART A of GST EWB-01 WEF 21.06.2019.
(Notification No. 22/2019–Central Tax)
http://bit.ly/2Dv4Zn0
GST Circulars
👉🏻CBIC clarifies manner of utilization of GST input tax credit.
(Circular No. 98/17/2019-GST)
http://bit.ly/2ITrSUK
👉🏻Opportunity to apply for revocation of cancellation of GST registration.
(Circular No. 99/18/2019-GST)
http://bit.ly/2IZnNOX
GST Order
👉🏻Time limit for revocation of cancellation of GST registration extended.
(Order No. 5/2019-GST)
http://bit.ly/2ICCZ52
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GST: Amazon India charts out B2B plan to take on global rival Alibaba:
READ MORE- https://www.gststation.in/gst-amazon-india-charts-out-b2b-plan-to-take-on-global-rival-alibaba/
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👉CBIC issues Notification No. 22 /2019 – Central Tax dated 23rd April, 2019 which seeks to notify the provisions of rule 138E of the CGST Rules w.e.f 21st June, 2019. As per rule 138E of the CGST Rules any tax payer paying tax under Composition Scheme or a Normal Tax Payer, who has not furnished the returns for a consecutive period of 2 months will not be able to generate E-Way Bill.
👉CBIC vide Circular No. 99/18/2019-GST clarifies that where the registration has been cancelled with retrospective effect, the common portal does not allow furnishing of returns after the effective date of cancellation. In such cases it was not possible to file the application for revocation of cancellation of registration.
👉CBIC recently clarifies various issues on GST Input Tax Credit Set off Rules vide Circular No. 98/17/2019-GST. The Circular has clarified that IGST Credit will be first used to offset IGST Liability and thereafter it can be used to offset CGST and SGST/UGST liability in and order and in any proportion.
👉RBI in exercise of powers conferred on it under Section 45 -IA (6) of the Reserve Bank of India Act, 1934, has cancelled the Certificate of Registration 24 NBFCs
👉SEBI reduces the Minimum Subscription Requirement as well as Defined Trading Lots For Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs). REITs have to offer their units in lots worth at least Rs 50,000 in initial and follow on public offers. The minimum value of a single lot should be Rs 1 lakh in the case of InvITs.
👉Further addressing the liquidity concerns in the country, the RBI informs that it will buy Government Securities worth Rs 25,000 Crore next month in May, through two auctions of Rs 12,500 crore each. Open market operations (OMOs) are conducted by the RBI by sale or purchase of Government Securities (G-Secs) to regulate Money Supply in the market.
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Businesses must pay interest on entire tax liability: Telangana HC:
READ MORE- https://www.gststation.in/businesses-must-pay-interest-on-entire-tax-liability-telangana-hc/
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Bizmen demand relief in high GST, panel to solve issues:
*READ MORE-* https://www.gststation.in/bizmen-demand-relief-in-high-gst-panel-to-solve-issues/
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GST Council recalls rule that raised tax outgo of large companies:
READ MORE- https://www.gststation.in/gst-council-recalls-rule-that-raised-tax-outgo-of-large-companies/
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Non-filers of GST returns for 2 months to be barred from generating e-way bills from June 21:
READ MORE- https://www.gststation.in/non-filers-of-gst-returns-for-2-months-to-be-barred-from-generating-e-way-bills-from-june-21/
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Companies get time till June 15 to submit ACTIVE form 22A
Kindly note that👇🏻👇🏻
A non-compliant company would not be able to amend its capital structure or carry out any merger or amalgamation.
https://www.google.com/amp/s/m.economictimes.com/news/company/corporate-trends/companies-get-time-till-june-15-to-submit-active-form/amp_articleshow/69031617.cms
