Wednesday, 30 December 2020

30 December 2020 News and updates

30th December 2K20

Ø  EU chiefs to sign Brexit trade deal Wednesday
Ø  India may impose anti-dumping duty on Chinese PET Resin
Ø  Future group firms receive large orders from Reliance
Ø  Godrej Consumer forays into home cleaning products
Ø  Rolling back of Covid related policy relaxation could impact banks: RBI
Ø  Container shortage and high freight likely to affect India’s agricultural exports
Ø  Bank asset quality may see sharp deterioration post-moratorium: RBI
Ø  AMP Capital forms $1 bn power transmission platform with Sterlite
Ø  PE/VC investments into India from China, Hong Kong fall 72% in CY20
Ø  Promoters of Vedanta raises $1.4 billion to retire debt, says report
Ø  PSBs need to raise additional Rs 43,000 crore in FY22, says Icra
Ø  Steel cos blame high cost of iron ore for price hike
Ø  Great Eastern pips SCI to become India’s top ship owner by fleet size
Ø  DGFT defers certification requirement for rice exports to EU
Ø  AirIndia sale: Interups withdraws from race
Ø  Jindal Stainless (Hisar) to get merged into Jindal Stainless
Ø  Biocon launches Tacrolimus capsules in US
Ø  RBI flags post-covid challenges for banks
Ø  TTK Prestige scrip captures near-term demand potential
Ø  Borrowing 43% more in first 9 months, states fall deeper into debt trap
Ø  SEC green-lights direct listing on NYSE
Ø  Mexico expects 100,000 Pfizer vaccines by early January
Ø  Britain, Turkey reach post-Brexit free trade agreement
Ø  India starts probe into alleged exports subsidisation of aluminium item by Malaysia
Ø  Maintaining 4 per cent inflation appropriate for India: RBI paper
Ø  IBC dominant mode of recovery in 2019-20
Ø  Tesla's wait to run on Indian roads in 2021 gets longer
Ø  Tata Sons to buy 32.67% stake of AirAsia Group in AirAsia India


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🍊Q. New Due Dates compliance alert

Income Tax and Tax Audit Date Extended.

Tax Audit 15.01.2021

ITR whose Accounts are required to be Audited
15.02.2021

Other ITRs 10.01.2021

Declaration for Vivad se Vishwas 31.01.2021

GST Annual Return for 2019-20 - 28.02.2021

No extension for GST Audit & GST Return for FY 2018-19.

https://twitter.com/IncomeTaxIndia/status/1344260412355665920?s=08

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⚫India has cornered the biggest chunk of overseas investor flows into the emerging markets, after China, in CY20. FPI flows in India for the year stood at $22.6 billion, 58% higher than that in 2019, with energy and financials absorbing the biggest share of flows.
⚫The banking and non banking financial sectors in India showed resilience in 2019-20, but with nearly 40% of the outstanding loans under a moratorium, the system may face a sharp deterioration in asset quality, as per the RBI’s annual publication.
⚫97% Nifty 500 stocks trade above their respective 200 DMA. Stocks crossing 200 DMA are expected to attract more buying momentum with prices seen rallying further
⚫Public sector banks in India will need to raise additional capital worth Rs 43,000 crore in 2021-22.Capital requirement has increased because the call option for their additional tier 1 bonds of Rs 23,000 crore is due in the next financial year.
⚫Private equity/venture capital investments into India from China and Hong Kong have seen a substantial drop in 2020.The new Press Note 3 norms and lack of clarity on what constitutes beneficial ownership are the primary reasons for the decline in investments from China and Hong Kong. 
⚫British Prime Minister  said a variant of the coronavirus, which could be up to 70% more transmissible, is spreading rapidly in Britain. A separate variant, first found in South Africa, is also causing concern.

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Tuesday, 29 December 2020

29 December 2020 News and Updates

29th December 2K20

Ø  Rs 3,500 crore sugar subsidy to help sustain exports at last year's level: Crisil
Ø  Bangladesh reduces import duty on rice to 25%
Ø  India office leasing continues recovery; Q4 absorption up 52% sequentially
Ø  Axis Bank prunes overseas presence as it consolidates local business
Ø  Dixon Technologies arm inks deal with Motorola Mobility LLC for manufacturing of smartphones
Ø  India to benefit from shifting of global supply chains from China: Survey
Ø  Container shortage affecting shipment schedules: TEXPROCIL
Ø  Sebi's one-time settlement scheme for entities to end on Thursday
Ø  DLF's rental subsidiary plans to put 'One Horizon Center' in REIT
Ø  Tata Power subsidiary inaugurates 5 kilowatt biogas plant in Bihar
Ø  Appellate body upholds I-T relief to 3 Tata Trusts
Ø  CCI requests farmers to bring cotton crop in phased manner
Ø  Rubber board to conduct Dry Rubber Content test training
Ø  APSEZ-Terminal Investment JV raises $300 million in bonds to refinance debt
Ø  Hero Electric partners with eBikeGo for last-mile connectivity
Ø  Chinese regulators order Ant Group to rectify its businesses
Ø  RBI paper, co-authored by MPC member, argues for inflation target at 4%
Ø  Bitcoin on longest winning run since 2019 after topping $28,000
Ø  PE firm Apax to acquire 3i Infotech’s software products business for Rs1,000 cr
Ø  Debt recasts by banks to be lower than estimated at 2.5-4.5% of loans: Icra
Ø  India’s mining sector to witness reforms, flurry of activities in 2021
Ø  No takers for 18-GW solar power projects
Ø  Gross NPAs of banks may rise to 10.1-10.6% by March 2021: Icra
Ø  Skyroot Aerospace becomes first Indian company to test-fire solid-fueled rocket engine
Ø  Tesla to start operations in India next year: Nitin Gadkari
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🌺 One-time Condonation Scheme to regularize UDIN
 
To reinvigorate the Profession of Accountancy in this fast changing digitalized World and to curb the prevalent malpractice of fake certificates forged by non CAs, an innovative concept of Unique Document Identification Number (UDIN) was introduced by the Council of ICAI as mandatory Council Guidelines in phased manner from *1st Feb., 2019 onwards for Certificates, GST/Tax Audit & all other Attest, Assurance and Audit functions.
  
👉 The UDIN Portal facilitates the Regulators and Stakeholders to check the authenticity of the repors, certificates, etc.  on real-time basis. Gradually many Regulators and Stakeholders like SEBI, RERA, CBDT, RBI and Banks are insisting upon UDIN on all documents issued by CAs. Recently, CBDT has made mandatory validation of UDIN in all their IT Forms and Reports which are issued by members of ICAI.  
  
👉 ICAI has been receiving representations from its Members that they have unintentionally missed to generate UDINs on their Audit and Assurance Reports and Certificates due to prolonged lockdown, closure of offices, non-availability of human resources in offices and therefore, allow them to generate UDIN after the expiry of the permissible time limit as a one-time measure. Few members have also requested to condone the delay in generation of UDIN due to unawareness or inadvertent error.  
  
👉 Considering various representations and the fact that UDIN being a new initiative and by the time the members were becoming well-versed and accustomed to it, the life including office work got stucked due to this pandemic, the competent authority has decided to allow one-time condonation to its members for their earlier missed or late generated UDINs.  
  
🌺 DECISIONS:
  
👉 1. As an One-time condonation scheme, to regularize the non-generation of UDIN, it has been decided that Members will be allowed to generate the earlier missed UDINs for the documents signed between 1st February 2019 to 31st December, 2020. The scheme will be made available from 1st January 2021 till 31st January, 2021.  
  
👉 2. With this announcement, all delays in generation of UDINs by the members of ICAI for UDINs generated during 1st February 2019 till 31st December 2020 as an one-time measure stand condoned.  
  
👉 3. Members may please note that the above one-time condonation scheme would not be applicable for the documents and forms where the respective Regulators or other stakeholders require UDIN on real-time or as per their specified requirement.  
  
👉 4. Further, UDIN so generated has to be communicated to “Management” or “Those Charged with Governance” for disseminating it to the stakeholders from their end.  
  
👉 5. UDIN generated under this scheme would be treated as UDIN generated without any violation of the Gazette dated 2nd August 2019 read with 15 days window allowed for exceptional circumstances and clause 4 as stated above.
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⚫PM said Indians must use domestically made products to replace foreign ones as their resolution for the New Year, reiterating his govt's plan to become "self reliant" in manufacturing. I appeal to you to make a list of goods of daily-use imported articles that have unconsciously become part of our lives and made us their captive. Let us find out their Indian alternatives and resolve to use products produced by the hard work of Indians.
⚫The Finance ministry today defended the recent move of asking co's above a threshold to pay at least 1% tax liability through cash under the GST, on the grounds that it will impact only risky or fly-by-night operators.The seriousness of this menace to GST ecosystem may even be understood by the fact that in the recent nationwide drive against GST fake invoice frauds that was launched in the second week of November and still going on, has resulted in the arrest of more than 175 fraudsters and more than 1800 cases are booked against 8000 fake entities in just 45 days.
⚫In search of Covid capital, co's raised Rs 1.7 trillion in 2020. Of this, Rs 1.44 trillion was raised through QIPs and rights issues.
⚫Gold gave 24% returns to investors in CY20, the highest since 2011. As global economies passed through one of their worst phases because of Covid, investors sought refuge in safe-haven assets, such as gold.
⚫Air India staff unions are protesting what they call an 'unfair' pay cut and have demanded continuation of medical benefits and payment of arrears before privatisation of the company takes place.

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GST Update- 

1. Rule 86B (Restriction on use of Input Tax Credit for discharging the output liability) has been inserted into CGST Rules, 2017 vide notification no. 94/2020-Central Tax Dated 22nd December 2020 (Central Goods and Services Tax (Fourteenth Amendment) Rules, 2020, to be implemented w.e.f.1st January, 2021. Announced at midnight, nonetheless.

2. This rule basically says that if the taxpayer’s taxable turnover exceeds above Rs.50,00,000/- in a given month, then in that month, the taxpayer is required to pay 1% of output liability of such taxable turnover by cash ledger i.e. ITC is restricted to 99% even though taxpayer may have sufficient balance in his credit ledger.
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ICAI has issued various publications on following topics:

1. Handbook on Finalisation of Accounts with GST perspective-23-12-2020

https://idtc-icai.s3.ap-southeast-1.amazonaws.com/download/pdf20/Handbook-on-Finalisation-of-Accounts-with-GST-perspective-23-12-2020.pdf

2. Handbook on Liability to Pay in Certain Cases under GST-23-12-2020

https://idtc-icai.s3.ap-southeast-1.amazonaws.com/download/pdf20/Handbook-on-Liability-to-Pay-in-Certain-Cases-under-GST-23-12-2020.pdf

3. Handbook on Returns and Payments under GST-23-12-2020

https://idtc-icai.s3.ap-southeast-1.amazonaws.com/download/pdf20/Handbook-on-Returns-and-Payments-under-GST-23-12-2020.pdf

4. Practical FAQ's under GST-23-12-2020

https://idtc-icai.s3.ap-southeast-1.amazonaws.com/download/pdf20/Practical-FAQ's-under-GST-23-12-2020.pdf
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Last date to file return for all companies is 31.01.2021 whether or not tax audit is required

There is some confusion going on amongst the professionals as to what is the last date for furnishing the return under section 139 in respect of companies in whose case there is no requirement to get the tax audit done. In this regard, it is to be noted that the last date to file return for all companies including such companies which are not subject to Tax Audit is the same i.e. 31.01.2021.

Vide clause (i) of third proviso to section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, the due date for furnishing the return of income in respect of all assessee’s was extended till 30.11.2020. Subsequently, vide Notification No. 88/2020 dated 29.10.2020, the due date of furnishing the return of income in respect of the assessees referred to in clauses (a) and (aa) of Explanation 2 to sub-section (1) of the section 139, has been extended to the 31.01.2021; whereas the due date in respect of all other assessees has been extended to 31.12.2020.

It may be noted that sub-clause (i) of clause (a) of Explanation 2 to section 139(1) includes a company. Thus, for all companies, the last date to file the return shall be the same i.e. 30.01.2021 whether or not there is any requirement to get the tax audit done.

Additionally, it may be noted that in respect of a person (other than a company) whose accounts are required to be audited under Income Tax Act or under any other law for the time being in force; or a partner of a firm whose accounts are required to be audited under Income Tax Act or under any other law for the time being in force, or in case of an assessee who is required to furnish TP report under section 92E, the last date to file the return of income shall also be 31.01.2021. In respect of all other assessee’s, the last date to file the return of income shall be 31.12.2020.

It may be clarified that in all the above cases where tax audit is required, the last date to file the tax audit report shall be 31.12.2020.

Further, it may also be clarified that the above said various extensions have been given only in respect of filing the return of income. The interest under section 234A shall continue to be leiviable in case the return is filed after the due date that is prescribed under the Act i.e. 30.11.2020 for companies and cases where audit is required and 30.07.2020 for all other cases, and where the amount of self-assessment tax payable exceeds Rs. 1 lakh

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⚫The Indian equity benchmark indices closed at yet another record high on the first day of the year's final week. Continuing FPI flows and positive global cues on US President signing a $2.3-trillion spending Bill, including a $900 billion coronavirus relief package, helped the benchmark Sensex to end higher and breach the 47,000-mark.
⚫Maintaining 4% inflation is appropriate for India as targeting a lower rate could impart deflationary bias to the monetary policy, said Reserve Bank. Under the current dispensation, the RBI has been mandated by the Govt to maintain retail inflation at 4% with a margin of 2% on either side.
⚫Sebi's one-time settlement scheme for the entities that executed reversal of trades in the stock options segment of BSE during 2014 and 2015 will end this Thursday. After the expiry of the scheme, entities who do not avail the one-time settlement opportunity will be liable for action.
⚫The construction of the Ram Temple complex in Ayodhya, including the main structure, is estimated to cost around Rs 1,100 crore and is expected to be completed in 3-1/2 years.
⚫More than 1500 telecom towers in Punjab have been damaged by farmers protesting against the three farm laws, disrupting services in some pockets. The farmers vented their anger on the infrastructure owned by Jio as they saw him along with Adani as major beneficiaries of the new laws. Neither Reliance group nor Adani's co's are into the business of procuring foodgrains from farmers.
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Sunday, 27 December 2020

27 December 2020 Updates

👉 Companies (Auditor's Report) Second Amendment Order, 2020Pdf(1.37 MB)
http://www.mca.gov.in/Ministry/pdf/CompaniesSecondAmdtOrder_22122020.pdf

👉 Advisory to follow the ICAI Valuation Standards 2018 while conducting any type of Valuation Engagement to ensure uniformity and transparency issued by Valuation Standards Board ICAI - (21-12-2020)
https://www.icai.org/post/advisory-icai-valuation-standards-2018

👉 Advanced Integrated Course on Information Technology and Soft Skills (Advanced ICITSS)-Adv. Information Technology Test - Computer Based Mode on 12th January, 2021 - (22-12-2020)
https://resource.cdn.icai.org/62523exam50565.pdf

👉 Important Announcement for January 2021 Examination and Exam City Change Application. - (23-12-2020)
https://www.icai.org/post/january2021exam-city-change

👉 Result of the online Examination of the Certificate Course on Forex and Treasury Management held on 7th & 8th November, 2020. - (23-12-2020)
https://resource.cdn.icai.org/62528ccmip50576.pdf
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👉🏻RBI Cautions against unauthorised Digital Lending Platforms/Mobile Apps
(RBI cautioned users against unauthorised digital lending platforms and mobile applications that promise quick loans)
👇🏻 👇🏻 👇🏻
http://bit.ly/3aHNMIi

👉🏻Govt issued notification to curb menace of fake GST invoice by fraudsters
(FM Nirmala Sitharaman has said that the Govt has issued a notification to curb the menace of fake GST invoice by fraudsters or fly-by-night firms)  
👇🏻 👇🏻 👇🏻
http://bit.ly/2JfLjcM

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⚫Indian economy is recovering faster than expected and may post minor positive growth in the third quarter, but efforts need to be redoubled to fight inflation so that it doesn’t hurt the incipient growth impulses, according to the RBI. Indian economy is pulling out of Covid-19’s deep abyss and is reflating at a pace that beats most predictions.
⚫Pandemic pain over, sales show e-commerce to accelerate in India in 2021. E-commerce firms like Amazon, Flipkart, Myntra and others witnessed successful festive season sales this year.
⚫The issue price for the next series of sovereign gold bonds has been fixed at Rs 5,000/gm of gold. The Sovereign Gold Bond Scheme 2020-21, Series IX will be open for subscription from Dec 28, 2020 to Jan 1, 2021.
⚫The Govt extended a fresh invite to protesting farmer unions for talks, but made it clear that it would not be "logical" to include in the agenda any new demand related to MSP, saying it was out of the purview of three new farm laws. Previous five rounds of talks between the Govt and the unions have failed to break the deadlock with the farmers insisting on the repeal of the three laws and camping at various border points of Delhi for nearly a month now.
⚫The mutated coronavirus strain that’s been spreading in the UK appears to be more contagious and will likely lead to higher levels of hospitalizations and deaths next year. The variant is 56% more transmissible than other strains.

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NN: 94/2020/CT Dtd. 22.12.2020

Central  Goods and Services Tax (FourteenthAmendment) Rules, 2020.

Substitution of Sub-Rule 4A of Rule 8

In the Central Goods and Services Tax Rules, 2017 (here in after referred to as the said rules), in rule 8, for sub-rule (4A), *with effect from a date to be notified*, the following sub-rule shall be substituted, namely: -

“(4A)Every application made under rule (4) shall be followed by—

(a) biometric-based  Aadhaar  authentication and taking  photograph,  unless  exempted under  sub-section  (6D)  of  section  25,  if  he  has  opted  for  authentication  of  Aadhaar number;
or
(b)  taking  biometric  information,  photograph and  verification  of  such  other  KYC documents,  as  notified,  unless  the  applicant  is  exempted  under  sub-section  (6D)  of section 25, if he has opted not to get Aadhaar authentication done,
of  the  applicant  where  the  applicant  is  an  individual  or  of  such  individuals  in  relation  to  the applicant as notified under sub-section (6C) of section 25 where the applicant is not an individual, along with the verification of the original copy of the documents uploaded with the application in FORM GST REG-01at one of the Facilitation Centres notified by the Commissioner for the purpose of this sub-rule and the application shall be deemed to be complete only after completion of the process laid down under this sub-rule.”

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☀️☀️#GST Updates

The Government has notified various changes in the GST Act,mostly effective from 1st of January,2020 which includes the following-
✔️Time limit for system-based GST Registration increased
✔️Cancellation of GST Registration in case ITC exceeds than that permissible u/s 16
✔️Restriction on claim of ITC as per Rule 36(4) (reduced from 10% to 5%)
✔️Blocking of GSTR 1 in case of non-filing of GSTR 3B(in addition to blocking of E-wayBill)
✔️Newly inserted Rule 86B-Restriction on Utilization of Input Tax Credit
✔️Validity of E way bill

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LEGAL-KNOWLEDGE CAPSULE

✒ Supreme Court issues show-cause notice to convict for misleading it to get favourable order.

✒ Delhi High Court seeks response in Indian singers rights association's plea seeking royalty for perfomance in Gunjan Saxena. 

✒ *Bombay High court increases rapist's jail term from the original 3 years to 7 years and stated "A sentence should be proportionate to gravity of offence . Social position of the accused is irrelevant "

✒ Karnataka High court ordered SHO to clean road in front of police station he is in charge of, for one week for failing to register FIR, Cops to file qppeal .
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⚫India, which appears to have been pushed back to being the world's sixth biggest economy in 2020, will again overtake the UK to become the fifth largest in 2025 and race to the third spot by 2030, a think tank said.
⚫PM launched the Ayushman Bharat scheme to extend health insurance coverage to all residents of Jammu and Kashmir.The scheme will provide free-of-cost insurance cover to all residents of the UT of Jammu and Kashmir, adding that it will extend financial cover of up to Rs 5 lakh per family on a floater basis to all residents of the UT.
⚫Coal India Ltd is set to diversify into non-coal mining areas as well as make major investments in clean technology in 2021 after demand for the dry fuel remained muted for most of this year amid the coronavirus pandemic impacting economic activities.
⚫The mandatory requirement of 1% cash payment of GST liability with effect from January 1 would be applicable to about 45,000 taxpayers, which is only 0.37% of the total businesses registered in the GST system.
⚫The protesting farmers accepted the Govt's offer of talks and said that they are willing to come for discussion on Dec 29, provided the Centre lays down the modalities for repeal of three controversial farm acts, comes out with an action plan on providing a legal guarantee for procurement of crops at the MSP and also clear its stand on the draft electricity amendment bill and pollution ordinance.
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Thanks for reading

Saturday, 26 December 2020

26 December 2020 News and updates

👉 Companies (Auditor's Report) Second Amendment Order, 2020Pdf(1.37 MB)
http://www.mca.gov.in/Ministry/pdf/CompaniesSecondAmdtOrder_22122020.pdf

👉 Advisory to follow the ICAI Valuation Standards 2018 while conducting any type of Valuation Engagement to ensure uniformity and transparency issued by Valuation Standards Board ICAI - (21-12-2020)
https://www.icai.org/post/advisory-icai-valuation-standards-2018

👉 Advanced Integrated Course on Information Technology and Soft Skills (Advanced ICITSS)-Adv. Information Technology Test - Computer Based Mode on 12th January, 2021 - (22-12-2020)
https://resource.cdn.icai.org/62523exam50565.pdf

👉 Important Announcement for January 2021 Examination and Exam City Change Application. - (23-12-2020)
https://www.icai.org/post/january2021exam-city-change

👉 Result of the online Examination of the Certificate Course on Forex and Treasury Management held on 7th & 8th November, 2020. - (23-12-2020)
https://resource.cdn.icai.org/62528ccmip50576.pdf
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👉🏻RBI Cautions against unauthorised Digital Lending Platforms/Mobile Apps
(RBI cautioned users against unauthorised digital lending platforms and mobile applications that promise quick loans)
👇🏻 👇🏻 👇🏻
http://bit.ly/3aHNMIi

👉🏻Govt issued notification to curb menace of fake GST invoice by fraudsters
(FM Nirmala Sitharaman has said that the Govt has issued a notification to curb the menace of fake GST invoice by fraudsters or fly-by-night firms)  
👇🏻 👇🏻 👇🏻
http://bit.ly/2JfLjcM

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⚫Indian economy is recovering faster than expected and may post minor positive growth in the third quarter, but efforts need to be redoubled to fight inflation so that it doesn’t hurt the incipient growth impulses, according to the RBI. Indian economy is pulling out of Covid-19’s deep abyss and is reflating at a pace that beats most predictions.
⚫Pandemic pain over, sales show e-commerce to accelerate in India in 2021. E-commerce firms like Amazon, Flipkart, Myntra and others witnessed successful festive season sales this year.
⚫The issue price for the next series of sovereign gold bonds has been fixed at Rs 5,000/gm of gold. The Sovereign Gold Bond Scheme 2020-21, Series IX will be open for subscription from Dec 28, 2020 to Jan 1, 2021.
⚫The Govt extended a fresh invite to protesting farmer unions for talks, but made it clear that it would not be "logical" to include in the agenda any new demand related to MSP, saying it was out of the purview of three new farm laws. Previous five rounds of talks between the Govt and the unions have failed to break the deadlock with the farmers insisting on the repeal of the three laws and camping at various border points of Delhi for nearly a month now.
⚫The mutated coronavirus strain that’s been spreading in the UK appears to be more contagious and will likely lead to higher levels of hospitalizations and deaths next year. The variant is 56% more transmissible than other strains.

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.NN: 94/2020/CT Dtd. 22.12.2020

Central  Goods and Services Tax (FourteenthAmendment) Rules, 2020.

Substitution of Sub-Rule 4A of Rule 8

In the Central Goods and Services Tax Rules, 2017 (here in after referred to as the said rules), in rule 8, for sub-rule (4A), *with effect from a date to be notified*, the following sub-rule shall be substituted, namely: -

“(4A)Every application made under rule (4) shall be followed by—

(a) biometric-based  Aadhaar  authentication and taking  photograph,  unless  exempted under  sub-section  (6D)  of  section  25,  if  he  has  opted  for  authentication  of  Aadhaar number;
or
(b)  taking  biometric  information,  photograph and  verification  of  such  other  KYC documents,  as  notified,  unless  the  applicant  is  exempted  under  sub-section  (6D)  of section 25, if he has opted not to get Aadhaar authentication done,
of  the  applicant  where  the  applicant  is  an  individual  or  of  such  individuals  in  relation  to  the applicant as notified under sub-section (6C) of section 25 where the applicant is not an individual, along with the verification of the original copy of the documents uploaded with the application in FORM GST REG-01at one of the Facilitation Centres notified by the Commissioner for the purpose of this sub-rule and the application shall be deemed to be complete only after completion of the process laid down under this sub-rule.”
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Analysis

Now, the government made it mandatory to take Adhaar based biometric authentication of all the GST applicants to avoid GST evasion and to issue GST no. to genuine parties. It is just the same as we take a SIM from the dealer of the mobile network operator. Being consultant we have to keep a camera and finger-based biometric device to fatch the detail of parties via Adhaar KYC

If the applicant doesn't opt for Biometric-based aadhaar Authentication, then the proper office will take physical verification of the business place

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#INDIRECT TAXATION
• A facility of 'Communication Between Taxpayers' has been provided on the GST Portal, for sending a notification by recipient (or supplier) taxpayers to their supplier (or recipient) taxpayers, regarding missing documents or any shortcomings in the documents or any other issue related to it. This facility is available to all registered persons, except those registered as TDS, TCS or NRTP.
• Features: The counter party taxpayer will receive an e-mail on their registered e-mail address and an SMS on his registered mobile number for all notifications received. An alert will also be given to Recipient/Supplier on logging into the GST portal.
• A taxpayer is allowed to send up to 100 notifications to a single GSTIN for a particular tax period.
• The recipient can upload the details of missing documents (not uploaded by their supplier in his Form GSTR-1) and send a notification to their supplier, using this facility. Supplier can then add such documents directly in their Form GSTR-1, if not reported earlier.
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☀️☀️☀️
#GST Updates
The Government has notified various changes in the GST Act,mostly effective from 1st of January,2020 which includes the following-
✔️Time limit for system-based GST Registration increased
✔️Cancellation of GST Registration in case ITC exceeds than that permissible u/s 16
✔️Restriction on claim of ITC as per Rule 36(4) (reduced from 10% to 5%)
✔️Blocking of GSTR 1 in case of non-filing of GSTR 3B(in addition to blocking of E-wayBill)
✔️Newly inserted Rule 86B-Restriction on Utilization of Input Tax Credit
✔️Validity of E way bill

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MAJOR CHANGES in GST RULES:
Effective from 01st Jan 2021:
•••••••••••••••••••••••••••••••••••••••
A. ITC LIMIT: Maximum permissible limit for ITC over and above GSTR 2A amount is reduced from 10% to 5%.

B. GSTR 1 FILING:
a. Henceforth, mere uploading of invoice in GSTR-1 will not suffice; GSTR1 has to be mandatorily FILED by supplier.

 b. GSTR 1 cannot be filed if GSTR 3B is not filed for preceding 2 months / one tax period (under QRMP scheme)

c. CASH PAYMENT:  Persons with Taxable Turnover > 50 lakhs per Month / tax period shall pay atleast 1% of tax through cash ledger compulsorily even though balance is available in credit ledger. (New Rule 86B inserted – subject to exemptions)
Effective from 22nd  Dec 2020:
•••••••••••••••••••••••••••••••••••••••
A. CANCELLATION OF RC: Now the officer can proceed for cancellation of GSTIN where a taxpayer :
i. avails Input Tax Credit (ITC) exceeding than what is permissible

ii. declares liability in GSTR 3B < GSTR 1 in a particular month

iii. Fails to pay 1% of tax liability as cash if turnover is > Rs. 50 Lakhs (subject to conditions)

B. SUSPENSION OF RC:                   Now, NO opportunity of being heard shall be given for SUSPENSION OF GSTIN, i.e., GSTIN will be suspended if the officer has reasons to believe that the registration of person is liable to be cancelled. 

When a GSTIN is suspended:
i. no refund can be availed by the taxpayer
ii. e-way bill cannot be generated

C. E-WAY BILL: e-way bill travel time reduced:
- Minimum kms. to be covered has been increased from 100 kms/day  to 200 kms/day.

D. REGISTRATION:
i. Maximum time to review and grant registration is increased to 7 days instead of 3 days;
ii. the time limit for physical verification for grant of registration is increased to 30 days instead of 7 days.
where the applicant does not do Adhaar authentication or
where department feels fit to carry out;.
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Rules changing from January 1: Everything you need to know in detail
As some rules are changing from January 1, 2021, it is necessary to know about them in detail.

Many rules from cheque payment, LPG Cylinder prices, GST to UPI transaction payment are changing from January 1, 2021. As these rules are linked to everyone’s day to day life, therefore you need to know about these rules.

1. Cheque payments
To keep a check on banking frauds, the Reserve Bank of India decided to introduce the ''positive pay system'' for cheque payments. In this system, there may be a requirement of re-confirmation of the key details for the payments above Rs 50,000. This rule of a positive pay system will come into effect from January 1, 2021. The positive pay system facility can be availed by the account holders of their choice. Banks may think about making it necessary for cheques with amounts of Rs 5 lakh and higher.

2. Contactless card transactions limit
From January 1, the RBI has said to increase the limits from Rs 2,000 to Rs 5,000 for contactless card transactions and e-mandates for regularly occurring transactions through cards and UPI. The move by RBI is to enhance digital payment. This will ensure a safe and secure manner, especially during the Covid-19 pandemic. RBI Governor Shaktikanta Das has said that this will depend on the mandate and discretion of customers.

3. Car prices
‘Maruti Suzuki’ India and ‘Mahindra and Mahindra’ will increase vehicle prices from January 1 to cope up with the impact of increasing input costs.

4. WhatsApp to stop working on select phones
Famous messaging service WhatsApp is going to withdraw support from some platforms from January 1. WhatsApp page has mentioned the operating systems that it provides support for and recommends using these devices: Android running OS 4.0.3 and newer; iPhone running iOS 9 and newer; and select phones running KaiOS 2.5.1 newer, including JioPhone and JioPhone 2.


5. Landline to Mobile phone calls
You will be required to prefix '0' for making calls from landlines to mobile phones in the country. The telecom department has asked telcos to work on the required infrastructure by January 1 in order to implement the new system effectively. This move will create enough numbering space for telecom services.

6. FASTag for all four-wheelers
The Union Ministry of Road Transport and Highways has made FASTag mandatory for all four-wheel vehicles from January 1, 2021, through a notification. FASTag will be mandatory for M and N class four-wheelers sold before December 1, 2017. The Central Motor Vehicles Rules, 1989 were also amended for the same. The notification regarding this was issued on November 6, 2020.

7. UPI Payment
From January 1, 2021, the users may need to pay additional charges while making transactions from Amazon Pay, Google Pay, and Phone Pay. National Payments Corporation of India (NPCI) will impose an additional charge on UPI Payment Service (UPI Payment) run by a third-party app beginning from January 1. NPCI has applied a 30 percent cap on third-party apps starting the new year. Paytm will also need to pay this charge.

8. Google Pay web app
Google Pay is all set to kill the user to user payments facility on its web app and add a fee for instant money transfers in January. Till now, the customers were able to manage payments and send money over the mobile app or from pay.google.com. According to the recent notification of Google, the web app site will no longer work from January 2021.

9. LPG prices
On the first day of every month, the oil marketing companies revise the prices of LPG on the basis of crude rates in the global markets.

10. GST-registered small business
The businesses with a turnover of up to Rs 5 crores will require to file only 4 GST sales returns, or GSTR-3B, instead of 12 ( now) from January, as per PTI. This change would impact about 94 lakh taxpayers, i.e. about 92 percent of the entire GST tax base. Now, small taxpayers would be filing only eight returns (four GSTR-3B and four GSTR-1 returns) yearly

 Implication of new 26AS Form of Income Tax

Background:

On 18July20, Income Tax Dept informed that new 26AS form is implemented

New 26AS will now include certain high value transactions explained How does it impact u is what this explains

First let's start with basics

Q: What is Form 26AS Form?

Ans: Till now Form 26AS, was a statement that IT dept used to provide u to capture

(a) TDS deducted from u (For eg: Ur company deducting TDS on ur salary)
(b) TCS: Tax collected at source (house property etc)

Now what has changed?

Now Form 26AS, will have a new section known as Section E

Section E will also capture certain high value transactions that you do in a financial year

So at a glance it will help u see you large txns in a year. And we explain below which txns

Q: Tell me which txns & what do u mean by large txns (how large?)

Ans: For eg: if u invest in a mutual fund > 10 lacs in a year. That is a large txn and it will be captured in this statement

Not a single txn, but cumulative in a year if in a single MF u invest > 10 lacs

Q: Ok I get it, tell me more which all txns will be included?

Ans: 14 types of txns are included and here is the full list:

1) Fixed Deposits together in Bank > 10 lacs in a year

2) Credit Card Bills > 10 lacs (in a year) if paid by cheque
and > 1 lacs if paid by cash

3) If u buy bonds > 10 lacs in a year

4) If u buy shares > 10 lacs in a year

5) If u tender shares for buyback > 10 lacs in a year

6) If u buy Fx > 10 lacs in a year

7) If u buy MFs > 10 lacs in a year

8) Real Estate > 30 lacs

9) Purchase of Bank drafts > 10 lacs with cash

10) If u deposit cash in savings bank account > 10 lacs

11) Cash deposts or withdrawals from current account > 10 lacs

And some other routine ones (related to demonetisation)

All this will be shown in Section E in your Form 26AS of your previous years also!


Q: How does all this impact us?

Ans For honest tax payers, it is actually beneficial. Now we have a single point source of all large txns which will help us.

For those who evaded taxes - earlier also IT dept knew it - Now it is putting it in their face and telling IT knows

Q: So does it mean u should do txns < 10 lacs. For eg: Make a FD < 10 lacs or  split it to keep those below 10 lakh?

Ans: First, this is not single txn value. Anyways all ur FDs (or other txns as detailed above) will be cumulatively (in a single bank) looked at,
So no point trying to make smaller txns or splitting it.


Q: I am worried will IT dept harass me now, if I spend too much on credit cards?

Ans: Again, honest tax payers need not worry.

But if someone is not paying any taxes saying negligible income but spends > 10 lacs, IT dept will surely Q him on how he can spend so much
Or for eg:, if u say u hv negligible income in ur tax return and make FDs in Bank of > 10 lacs or invest in MFs > 10 lacs , be ready for Q on without income, how can u save so much

In fact for last year, based on this data, people hv been identified already by IT dept

Q: Where can I check my Form 26AS?

Ans:
1) Log in to ur account

 incometaxindiaefiling.gov.in

2) Go to My Account -> View Form 26AS
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👉🏻Income Tax dept tightens noose around those ignoring notices
(Income Tax department has launched a nationwide campaign to identify people who have deliberately chosen to ignore the notices calling for enquiry and verification of the tax returns, to catch tax evaders and collect due taxes and penalties from them)
👇🏻 👇🏻 👇🏻
http://bit.ly/3hpOlI7

👉🏻Whether a Chartered Accountant can Certify ITR as Certified True Copy?
(Whether a Chartered Accountant can Certify Income Tax Return (ITR) as Certified True Copy? FaQ of ICAI discussed by CA.Vivek Khurana)
👇🏻 👇🏻 👇🏻
https://bit.ly/2UPjdac

👉🏻Extension of Due Dates - Request ICAI, CCMs for Tweets / Retweets
(Humble Request to CCMs, Plz do have meeting with the authorities at Finance Ministry and Tweet (request for date extension) from ICAI Twitter handle and personal Twitter handles)
👇🏻 👇🏻 👇🏻
https://bit.ly/2WI9cwV
 
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Communication between Recipient and Supplier Taxpayers on GST Portal
Dated 25/12/2020

A facility of ‘Communication Between Taxpayers’ has been provided on the GST Portal, for sending a notification by recipient (or supplier) taxpayers to their supplier (or recipient) taxpayers, regarding missing documents or any shortcomings in the documents or any other issue related to it. This facility is available to all registered persons, except those registered as TDS, TCS or NRTP.

The main features of this facility are summarized as below:

A.How to use the facility on GST Portal : Taxpayers can send notification, view notification, send reply and view replies to the notifications on their dashboard after login.
a.To send notification navigate to - Services > User Services > Communication Between Taxpayers > and select Compose option.
b.To view any new notification received or any reply received select Inbox (Notification & Reply Received) option.
c.To view any new notification sent or reply sent select Outbox (Notification & Reply Sent) option.

B.How to send a Notification
a.While composing a notification under Send New Notification tab, select the Supplier option to send notification to a Supplier, otherwise select Recipient.
b.In the Document Details section, select the Action Required by Supplier/ Recipient from the drop-down list and enter required details.
c.Up to fifty documents can be added in a notification.
d.The sender can also add Remarks (upto 200 Characters) in the box provided for the same.
C. Some other features
a. The counter party taxpayer will receive an e-mail on their registered e-mail address and an SMS on his registered mobile number for all notifications received.
b. An alert will also be given to Recipient/Supplier on logging into the GST portal.
c. A taxpayer is allowed to send up to 100 notifications to a single GSTIN for a particular tax period.
d. The recipient can upload the details of missing documents (not uploaded by their supplier in his Form GSTR-1) and send a notification to their supplier, using this facility. Supplier can then add such documents directly in their Form GSTR-1, if not reported earlier.
e. The functionality to upload and download the documents will be made available soon.

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Thursday, 24 December 2020

24 December 2020 News and Updates

24th December 2K20

Ø  RBI meets bankers, takes stock of Covid related stress & credit growth
Ø  Tata Communications buys 58.1% stake in French e-SIM tech company
Ø  FM Nirmala Sitharaman concludes pre-budget consultations
Ø  Delhi High Court rules Amazon's attempt to control Future violative of FEMA FDI
Ø  Essar Projects wins USD 62 million contract from Papua New Guinea
Ø  NBFC collection efficiencies at their highest this fiscal says Crisil
Ø  Cabinet paves way for 100% FDI in DTH services; licences for 20 years
Ø  PE inflows to realty sector seen growing 30% to $6 bn in 2021: Report
Ø  US consumer spending drops 0.4% in Nov, first decline since April
Ø  Vedanta promoters to raise stake by 5% in Indian arm via block deals
Ø  Pharma revenue, margins likely to remain healthy in next fiscal: ICRA
Ø  DHFL's sale poses legal hurdle for Oaktree due to insurance JV stake
Ø  Centre to implement Coal Import Monitoring System from February 1
Ø  Cabinet okays merger of four film media units with NFDC
Ø  Unpaid dues for airport services: SpiceJet to pay ₹100 crore to AAI
Ø  Cairn Energy wins arbitration against India in tax dispute
Ø  Emami plants get WHO-GMP, CoPP certification
Ø  Firstsource buys US-based PatientMatters for $13 m
Ø  Govt approves new DTH service norms, licences to be issued for 20 years
Ø  UTI Small Cap Fund gets 86,000 applications, garners ₹920 cr during NFO period
Ø  Airtel again pips Reliance Jio in mobile customer addition in October
Ø  Indian  firms invested in  farm, financials  abroad amid covid
Ø  Honda Shine achieves 39% market share in 125cc segment
Ø  Sebi’s relaxed IPO norms for startups may prompt more exits
Ø  L&T's construction arm wins large contracts in Madhya Pradesh
Ø  Chinese proposals worth Rs 12,000-13,000 crore await govt nod
Ø  Flipkart arm Instakart found availing GST credit fraudulently
Ø  Residential sales see recovery in the Oct-Dec period: JLL India
Ø  Power ministry brings new rules to protect consumers
Ø  COVID-19: UK reports another new variant to coronavirus from South Africa
Ø  Pfizer to supply US with 100 million more COVID-19 shots by July

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⚫The Centre has inserted rule 86B to make it difficult to fraudulently claim input tax credit under the GST system. Now, businesses with monthly turnover of over Rs 50 lakh will have to mandatorily pay at least 1% of their GST liability in cash. Also, for missing invoices, businesses can now claim input tax credit on up to 5% of the amount, against 10% allowed earlier.
⚫The Union Cabinet approved changes to the guidelines for providing DTH services to bring it in line with the existing policy that allows 100% FDI in the DTH broadcasting services sector.
⚫The RBI Governor has asked banks to take proactive measures to strengthen their resilience and lending capacity by raising capital.The governor emphasised on the need to remain vigilant and make provisions against bad loans proactively.
⚫In a major setback, the Indian Govt has lost an international arbitration case to energy giant Cairn Plc over the retrospective levy of taxes, and has been asked to pay damages worth Rs 8,842 crore to the UK firm.
⚫With 19,174 fresh Covid-19 cases, India's caseload now stands at 10,111,256. At least 20 passengers from the UK tested positive as the Govt issued a stringent set of SOPs mandating RT-PCR tests at airports for each traveller from the country and isolation in a separate unit of an institutional facility for positive cases in view of the new coronavirus strain.
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Wednesday, 23 December 2020

23 December 2020 News and updates

23rd December 2K20

Ø  SBI Life and Apollo join the race for RCap assets
Ø  No benefits if tax haven route not justified: Madras HC
Ø  Government plans to set up a development finance institution in 3-4 months: DFS Secy
Ø  Larger crop, lack of rupees curb Iran's record Indian sugar appetite
Ø  Bharat Biotech, Ocugen to co-develop Covaxin for US market
Ø  AstraZeneca gets DCGI nod for asthma drug
Ø  JP Morgan demands loan repayment of 40 billion wons from SsangYong
Ø  Private thermal power cos get Rs 40,000 cr liquidity boost: Report
Ø  Govt has received 120-130 FDI proposals from China since April: Report
Ø  Wipro's Rs 9,500-crore share buyback offer to open on December 29
Ø  Reliance emerges as biggest wealth creator over last 25 years, finds study
Ø  Govt invites bids for sale of its 63.75% stake in Shipping Corporation
Ø  Anil Ambani's Reliance Capital gets 10 more bids for subsidiaries
Ø  Oil India signs MoU with Assam’s AHECL
Ø  FSSAI notifies standards for fortification of processed food products
Ø  India, World Bank sign $500-million pact for safe, green
Ø  Wipro inks $700-million takeover deal with Metro AG
Ø  Dr Reddy’s, partners file for Canada nod to favipiravir tablets
Ø  Sadbhav Engineering jt venture lowest bidder for part of Rs 780-cr
Ø  Ruchi Soya shareholders approve appointment of Baba Ramdev, Acharya Balkrishna
Ø  Udaan sees sharp spike in food biz in 2020
Ø  Oaktree Capital writes to DHFL lenders urging fair treatment
Ø  Saudi Arabia sees foreign investment boost from India, Egypt
Ø  Vedanta pledges to move towards carbon-neutrality
Ø  Singapore’s GIC, Hong-Kong-based ESR form JV to invest USD 750 mn in Indian industrial and logistics realty
Ø  New rules to compensate consumers for power cuts and defective meters
Ø  Power ministry brings new rules to protect consumers
Ø  Delhi High Court dismisses Future Group's plea against Amazon
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⚫PM invited the global community to innovate in India, invest in the country and its talent and said the Govt is ready to accept any challenge and improve research environment in the country. The PM said the biggest long term challenge science faces is to attract high quality youngsters and retain them. He said the Govt's efforts are aimed at making India the most trustw­orthy centre for scientific learning.
⚫India and Bangladesh should work with greater collaboration in the agriculture sector as it can be a game-changer for both the countries, Commerce and Industry Minister said. He said the bilateral cooperation can pave the way for overcoming the current economic challenges. India has offered duty-free market access to Bangladesh in many products, including agri-exports.
⚫The World Bank and the Govt of India inked a pact for a USD 500million project to build safe and green national highway corridors.The highway corridors will be developed in Rajasthan, Himachal Pradesh, Uttar Pradesh and Andhra Pradesh. It said it will invest USD 54 million in equity for the National Investment and Infrastructure Fund in India to support the development of critical infrastructure projects.
⚫With a daily increase of 19,556 in total cases, the lowest daily spike since July 2, India’s tally of coronavirus cases has risen to 10075116, an increase of 0.2%. Death toll has reached 146,111, with 301 fatalities in a day, the fewest in a day since June 10.
⚫Protesting farmer unions said that a decision on the central Govt's offer for fresh talks has been deferred to Wednesday, even as agriculture minister remained hopeful that the unions will soon complete their internal discussions and resume talks with the Govt to resolve the crisis.


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#extension #duedates

Sources: Fin Min receives many representations to extend deadlines for GSTR 9A & 9C for FY 2018 -19 & FY2019-20 & ITR for AY 20-21 & income tax audit which expires on Dec 31. 

Fin Min likely to extend deadlines by 1-2 months. Formal decision yet to be taken.

Source: CNBC
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Important Changes introduced CGST(Fourteenth Amendment) Rules 2020


Time limit for system-based GST Registration increased

1. The time for system-based registration has been enhanced from 3 days to 7 days. That means, now department shall be required to review and grant registration within 7 days against 3 days as provided earlier from the date of filing of registration application. Where the applicant does not do adhaar authentication or where department feels fit to carry out physical verification the time limit for grant of registration shall be 30 days instead of 7 days. 

More Powers to GST department in cancellation of GSTIN
 
2. Now the officer can proceed for cancellation of GSTIN where a taxpayer avails Input Tax Credit (ITC) exceeding than that permissible in Section 16. Clause (e) has been inserted in Rule 21 of CGST Rules 2017.

3. Now where the liability declared in GSTR 3B is less than that declared in GSTR 1 in a particular month, department may now proceed with cancellation of GSTIN. There might be some practical difficulties in implementing such a provision as there are number of corrections which are made in GSTR 3B which may result in lower tax liability as compared with GSTR 1. The clause (f) newly inserted talks about details of outward supply to which we understand that Taxable value and tax both should be in synchronization between GSTR 1 and GSTR 3B.

4. Now, no opportunity of being heard shall be given to a taxpayer for suspension of GSTIN, where the proper officer (PO) has reasons to believe that the registration of person is liable to be cancelled. The words “opportunity of being heard has been omitted from clause (2) of Rule 21A. 

5. Where there are significant deviation/anomalies between details of outward supply between GSTR 3B and GSTR1 or inward supplies (ITC) between GSTR 3B and GSTR 2B which indicate contravention of Act, department shall now serve a notice in FORM GST REG 31 to call explanation as to why GSTIN should not be cancelled. Taxpayer shall be required to submit his reply within 30 days of such notice being served to him. 

6. Where a GSTIN is suspended no refund u/s 54 of CGST Act 2017 can be availed by the taxpayer. This means that first GSTIN Suspension proceedings have to be closed before applying refund. 

Restriction on claim of ITC as per Rule 36(4)

7. The claim of ITC in respect of invoices not furnished by the corresponding vendors has now been restricted to 5% of the credit available in GSTR 2B. This limit earlier was 10% of ITC available. This would be mean that a taxpayer’s ITC claim shall now be restricted to 105% of the Credit reflected in his GSTR 2B. Any claim exceeding the specified limit shall result in violation of CGST Act read with rules which may result into suspension of GSTIN as described above. The provision shall come into effect from 1st January 2021.

GSTR 1 to be blocked in case of non-filing of GSTR 3B

8. Where a taxpayer fails to file GSTR 3B for two subsequent months, his GSTR 1 shall now be blocked. Earlier non filing of GSTR 3B used to result in blocking of E-way Bill facility but from now on it shall also result in blocking of GSTR 1 of the taxpayer. Similarly, for quarterly return filers, the taxpayer failing to file GSTR 3B for the preceding quarter shall not be permitted to file GSTR 1 of subsequent quarter.   

9. A taxpayer whose is restricted to avail ITC as per rule 86B shall also not be permitted to file GSTR 1 where he has not filed GSTR 3b for the preceding tax period.

Restriction on Utilization of Input Tax Credit – Rule 86B

10. New Rule 86B shall be affected from 1st January 2021 wherein restriction has been placed on setting off more than 99% of tax liability from Input tax credit where the value of taxable supplies other than exempt supply and zero rated supply exceeds Rs. 50 lakhs in a month. Though few exceptions have been provided to this rule which are as follows:

(i) Where the taxpayer has paid Income Tax exceeding Rs. 1 lakh in two preceding financial year.
(ii) Where taxpayer has received refund exceeding Rs. 1 lakhs u/s 54 of CGST Act 2017.
(iii) Where taxpayer has used electronic cash ledger to pay of liability on outward supplies which cumulatively makes 1% of the total liability up to the said month
(iv) Where a person is a Government Department, Public Sector Undertaking (PSU), local authority or a statutory body.

Narrowing the validity of Eway bill

11. Earlier one day was permitted for distance up to 100 kms under e way bill provision. Now the same has been increased to 200 kms. This means that only one day validity shall be granted to cover a distance up to 200 kms which was earlier 100 kms.

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Tuesday, 22 December 2020

22 December 2020 News and Updates

22nd December 2K20

Ø  CAIT says Amazon's arbitrary policies to dominate India's retail trade should end
Ø  India's quarterly GDP contraction to end in December quarter: NCAER
Ø  Importers challenge notices seeking duty on EOU imports
Ø  Pillai panel begins verification of benefit rates under RoDTEP
Ø  Coal India's fuel allocation under spot e-auction rises 59 pc during Apr-Nov
Ø  30,000 power looms fall silent as rayon yarn price goes up
Ø  Mahindra's South Korean arm SsangYong Motor files for bankruptcy
Ø  IBC to remain 'rightfully' suspended till FY21 end: FM Sitharaman
Ø  CII urges finance ministry to impose basic custom duty on solar equipment
Ø  Indian economy to clock double-digit growth next fiscal: Deloitte report
Ø  Corporate profits touch all-time high in the September qtr: Crisil
Ø  NIIF completes fund raise for $2.3 bn Master Fund in fifth and final round
Ø  Oil tumbles as new Covid-19 virus strain revives demand worries
Ø  Centralised investment clearance cell by April 15
Ø  Ramco Systems to implement aviation software for Europe’s
Ø  Tata Motors to increase CV prices from January 1
Ø  Bombay Shaving Company eyes bigger share in personal care
Ø  AstraZeneca Pharma gets DCGI nod to market asthma drug
Ø  Mahindra & Mahindra’s Farm Equipment Sector announces price increase from January 1
Ø  IFC and arm to invest $76 m in Puravankara Group affordable
Ø  KKR's Moneyline Portfolio sells 37.40 lakh shares in Max Financial for ₹245 cr
Ø  Karnataka approves EV manufacturing projects of nearly ₹23,000 cr
Ø  Singapore gets Asia's first Pfizer-BioNTech covid-19 vaccine doses
Ø  Sebi comes out with new stress testing perimeters for commodity derivatives
Ø  JPMorgan’s Jamie Dimon gets his $30 billion buyback wish
Ø  India to witness double-digit growth in next fiscal: Report
Ø  EU-UK trade talks slog on past another Brexit deadline
Ø  New coronavirus strain hits British pound, euro as investors seek dollars
Ø  Invoicemart discounts Rs 10,000-cr MSME invoices
Ø  Pharma chief urges transparency in virus vaccine rollout
Ø  Cotton farmers facing hardships as CCI fails to buy produce

Ø  Corporate Affairs Ministry defers implementation of CARO order
Ø  EPFO net new enrolments rises 56% to 11.55 lakh in October
Ø  India Inc bats for a bad bank in pre-budget consultations
Ø  6 suitors submit bids for acquiring Reliance Home Finance
Ø  All three bidders for Dewan Housing Finance are likely to junk some conditions
Ø  Delhi High Court to give verdict on Future Retail-Amazon case on December 21
Ø  Reliance, BP to get govt capped price of $4.06 for new gas from KG-D6
Ø  Integrating ESG into financial sector to benefit all stakeholders: Report
Ø  Compliance with new rules for audit reports deferred to April 2021-22
Ø  Bombay HC asks Essar to deposit security payable to AM/NS with court
Ø  Fuel supply by CIL to power sector drops 5% to 277 MT in April-November
Ø  Waiver norms for independent directors eased
Ø  India, Vietnam to sign pacts on defence, energy, healthcare
Ø  Solar power tariff sees a new low of ₹1.99/kWh
Ø  Amul records 55% increase in consumer pack exports at ₹250
Ø  Govt moves to address woes of EXIM trade, shipping lines
Ø  Tatas looking to acquire bigbasket, CCD vending machine business
Ø  Iraq devalues its currency by a record as economy unravels
Ø  Minutes show the hawkish side of RBI’s monetary policy committee
Ø  Govt may invite EoIs for Shipping Corporation sale this week
Ø  Amazon India adds 1.5 lakh sellers, 70000 exporters in 2020
Ø  Johnson’s emergency lockdown adds pressure to Brexit talks
Ø  The world’s largest sovereign-wealth fund weighs a more active approach
Ø  Power consumption grows 4.8% in first half of December
Ø  Max Ventilators eyes over 20 per cent growth in 2021
Ø  Indian banks pursue UK bankruptcy order against Vijay Mallya
Ø  Pharma chief urges transparency in virus vaccine rollout
Ø  Amazon, publisher told to pay Rs 10,000 compensation to book buyer
Ø  Cotton farmers facing hardships as CCI fails to buy produce
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QRMP Message Update

Dear All,

You or your client may be receiving SMS from GST department today regarding QRMP (Quarterly Return Monthly Payment) scheme. 
This is only intimation regarding your default status under QRMP scheme. 

1. If you were filing monthly GSTR1, you are by default selected for monthly GSTR1 and GSTR3B return filing. 

2. If you were filing Quarterly GSTR1 and monthly GSTR3B, you are by default selected for quarterly GSTR1 and GSTR3B. 

Above is applicable for Turnover less than 5 Crores. 

Please not that GST payment under QRMP needs to be done on monthly basis only although returns are quarterly. 

So select the option accordingly. 
You can opt out from QRMP scheme if you want to file monthly returns.
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⚫The Govt has suspended all flights originating from the UK to India until Dec 31, in view of the rising spread of a new coronavirus strain there. With the travel ban, India joins 30 other countries in Europe, Asia, and South America, which have restricted travel from the island nation.
⚫The gravity defying run on the Indian bourses came to an abrupt halt on Monday as investors braced for a fresh round of economic disruption after a new fast spreading strain of coronavirus was detected in the UK. The benchmark indices witnessed their biggest one day fall since March this year. The widely traded Nifty50 closed the day 432 points lower while the Sensex was down 1,407 points.
⚫FM said the Insolvency and Bankruptcy Code would remain suspended until the end of the current financial year in view of “major stress” owing to the Covid-19 pandemic
⚫The ministerial committee on divestment has approved the proposal to invite bids for the privatisation of Shipping Corporation of India. This would push the pedal on Govt’s drive to privatise state-owned firms that were approved last year. 
⚫Maharashtra will from Tuesday put Mumbai and other major cities under curfew from 11 pm to 6 am till January 5 to counter a threat from a new strain of the coronavirus.
⚫The UK Govt announced a lockdown in various parts of the country, including London, saying that more than half of all new Covid-19 cases had been caused by a mutated, more infectious coronavirus strain. The new virus strain is said to be 70% more transmissible.
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⚫PM indicated that the controversial farm laws would not be repealed, saying farmers have started getting benefits of agricultural reforms. PM said the country has made up its mind to embrace the changes in various rules and regulations being made by his Govt to meet the goal of Atmanirbhar Bharat. PM said his Govt has repealed more than 1500 archaic laws and is continuously making efforts to frame new legislations.
⚫Union Minister of Highways and Road Transports & MSME said that the Govt will soon come out with a new ethanol policy aimed at protecting the interests of sugarcane and paddy growers.
⚫PSBs may find it hard to raise money on asset quality, governance concerns. While the banks have cleaned up books and the space has seen consolidation after the merger exercise, the impact of big-ticket frauds of the past and the bad-loan burden remain an issue.
⚫Defence Minister inaugurated the advanced Hypersonic Wind Tunnel test facility here, making India the third country after the US and Russia to have such a facility.
⚫President Trump on Friday signed legislation that could kick Chinese companies off of US exchanges unless American regulators can review their financial audits, a move likely to further escalate tensions between the two countries.

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⚫Economists have urged FM to relax fiscal deficit consolidation in the Budget for FY22 & make efforts to enhance exports from the country. They also called for raising expenditure on health and focusing on agriculture infra without which the recent reforms would not hold ground.
⚫Foreign portfolio investors pumped in Rs 48858 crore into equities and Rs 6122 crore into debt segment in Indian markets in December.
⚫Incidents of corporate loans turning bad could be less than anticipated, but the banks challenge will be retail loans. Large scale job losses will have a bearing on the retail portfolio.
⚫A writ petition has been filed in the Bombay High Court challenging the arrest provisions under the GST laws.  While the Govt claims firms are booked under GST laws for fraudulently claiming ITC, experts find loopholes in the provisions, particularly those related to arrests.
⚫The Govt on Sunday asked protesting farmer unions to specify their concerns over its earlier proposal of amendments in the new agri laws and choose a convenient date for the next round of talks so that the ongoing agitation could end at the earliest.
 ⚫With 25153 new infections in the last 24 hours, India's Covid-19 case tally crossed the 10-million mark.




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👉 Ignore prompt on liability for inward supplies attracting reverse charge in Table-3.1 (d)
https://www.gst.gov.in/newsandupdates/read/429

👉 Companies (Appointment and Qualification of Directors) Fifth Amendment Rules 2020Pdf(117 KB)
http://www.mca.gov.in/Ministry/pdf/FifthAmdtRules_18122020.pdf

👉 Companies (Compromises, Arrangement and Amalgamations) Second Amdt Rules 2020Pdf(193 KB)
http://www.mca.gov.in/Ministry/pdf/SecondAmdtRules_18122020.pdf

👉 Mandatory validation of UDIN in all Income Tax Forms - (19-12-2020)
https://www.icai.org/post/mandatory-validation-of-udin-in-all-income-tax-forms

👉 Announcement regarding Further extension of applicability date of CARO, 2020 for one year, i.e., upto 1st April, 2021 by CL&CGC ICAI - (19-12-2020)
https://www.icai.org/post/extension-applicability-date-caro-2020-for-one-year

👉 Announcement regarding Further relaxations by the Ministry of Corporate Affairs till December 1, 2021 for inclusion of the name of Independent Directors in the Independent Directors Data Bank and criteria for registration by CL&CGC ICAI - (19-12-2020)
https://www.icai.org/post/relaxations-mca-inclusion-name-iddb

👉 Minutes of the Monetary Policy Committee Meeting December 2 to 4, 2020
https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=50831
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👉🏻Govt likely to extend IBC suspension to prevent cos from being forced into insolvency proceedings
(Much to the relief of small businesses, the Govt is likely to extend IBC suspension further to prevent companies from being forced into insolvency proceedings due to debt defaults triggered by the COVID-19 crisis)
👇🏻 👇🏻 👇🏻
http://bit.ly/34wry8t

👉🏻MCA provides additional relaxations to independent directors for Online Proficiency Test
(MCA has relaxed the criteria for taking the online self-proficiency test mandated for all independent directors)
👇🏻 👇🏻 👇🏻
http://bit.ly/34yKCme

👉🏻Tax Audit - Important issues and possible solutions on Tax Audit
(Solutions of the Important issues faced by members during Tax Audit under Income Tax, Link of the Recording)
👇🏻 👇🏻 👇🏻
 https://bit.ly/34jQiR7 

👉🏻EOI for Engaging of CA Firms for Internal Audit of 36 States/UTs
(Expressions of Interest for Engaging of CA Firms for Internal Audit of 36 States/UTs across the country.)
👇🏻 👇🏻 👇🏻
http://bit.ly/37s9hL6

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Saturday, 19 December 2020

19 December 2020 Updates

👉🏻Email ID to register grievance under Faceless Assessment Scheme
(Exclusive email ID- "feedback.notice.neac@incometax.gov.in" enabled to register grievance regarding S. 142(1) notices (including roving questionnaires) issued under the Faceless Assessment Scheme)
👇🏻 👇🏻 👇🏻
http://bit.ly/3alpunf

👉🏻GST - ITC Claims auto-populated in GSTR-3B
(Big Relief in GSTR-3B, GSTN enables auto-populated GSTR-3B return, GST - ITC Claims auto-populated in GSTR 3B.)
👇🏻 👇🏻 👇🏻
https://bit.ly/3msJ4Aj

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LEGAL-KNOWLEDGE CAPSULE

✒ Supreme Court stays Andhra Pradesh High Court's "disturbing" order to examine "breakdown of constitutional machinery" in Andhra pradesh.

✒ Supreme court has ruled that the Muslim women declaring triple talaq among muslims as *illegal , did not take away a person's right to seek anticipatory bail* from a competent court.

✒ Delhi High Court has held that pending disciplinary proceedings and absence of eyewitness do not diminish credibility of woman alleging sexual harassment at work place .
 
✒ Madras High court orders interim ban on sale of edible oil in loose packets also suggests punishing *ood adulterers under Goondas Act .
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MCA Updates
Dated 18.12.2020

1. Companies (Compromises, Arrangement and Amalgamations) Second Amdt Rules 2020
http://www.mca.gov.in/Ministry/pdf/SecondAmdtRules_18122020.pdf

2. Companies (Appointment and Qualification of Directors) Fifth Amendment Rules 2020
http://www.mca.gov.in/Ministry/pdf/FifthAmdtRules_18122020.pdf
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⚫On the back of softer than expected economic contraction in the July- Sept quarter, around 15 major agencies, banks, and research firms have lowered their forecast of negative GDP growth for the full year. SBI also forecast a GDP growth of 0.1% for the Oct-Dec quarter. Positive momentum of various economic indicators including RTO transactions, revenue collection, revenue earning of freight traffic, weekly food arrival, petrol and diesel consumption continued in Nov. Even the business activity index which is based on high frequency indicators shows improving momentum after a modest decline in the week of Diwali.
⚫PM reiterated his earlier accusations against the Opposition about stoking the ongoing farmers protests.The PM requested other political parties with folded hands to keep all the credit for the farm laws and said he just wants ease in the life of farmers.
⚫The RBI has extended the restrictions on the troubled Punjab and Maharashtra Cooperative Bank by three months till March 31, 2021.The bank has informed RBI that it has received four proposals from investors to revive the bank in response to the EoI it had invited.
⚫Hackers from China targeted millions of Indians with shopping scams during the e-commerce festive season sales in Oct & Nov.The hackers created bogus links and asked internet users to click on them to participate in online contests and win prizes. The links were distributed through WhatsApp messages and it is believed they have been sent to many people. Some of these scam contests imitated the actual sales campaigns run by Amazon and Flipkart to make them look genuine and trick the consumers.
⚫The CBI has booked Hyderabad based Transstroy (India) Ltd and its directors for alleged bank fraud of over Rs 7926 crore in a consortium led by Canara Bank.

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📄💡MCA Notification: CARO, 2020 Applicable w.e.f. 01.04.2021 – 📍MCA Notification

https://enlightengovernance.blogspot.com/2020/12/caro-2020-applicable-wef-01042021-mca.html
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Friday, 18 December 2020

18 December 2020 News and updates

18th December 2K20

Ø  Indian companies' oil & gas output from overseas fields drops 11%
Ø  Advance corporate tax mop-up jumps 49 per cent to Rs 1.09 lakh crore in Q3: CBDT source
Ø  Natco Pharma launches anti blood clot medication, Rivaroxaban, in India
Ø  L&T slated to win orders worth Rs 13,000 crore from HPCL JV: Sources
Ø  India plans $60-bn investment in gas infrastructure: Dharmendra Pradhan
Ø  PE/VC investments decline 27 pc in November at USD 3.9 billion: Report
Ø  BPCL board approves buying out Oman Oil's stake in Bina refinery
Ø  Icra narrows its GDP decline forecast for FY21 to 7.8% from 11% earlier
Ø  S&P affirms Union Bank's long, short term rating, revises SACP to 'BB-'
Ø  Sebi suggests relaxing of norms to boost listing of start-ups
Ø  India's smartphone market up 42% in Oct with shipment of 21 mn units: IDC
Ø  US jobless claims rise to 885,000 amid resurgence of coronavirus
Ø  ICRA assigns its first rating for electric bus project in India
Ø  Tata Motors buys out Brazil’s Marcopolo S.A in bus JV for ₹100 crore
Ø  DAC approves procurement worth ₹28,000 crore
Ø  Sugar production up by 60% at 74 lakh tonnes till Dec 15
Ø  BPCL likely to merge Bharat Oman Refineries after buying out
Ø  Bombay Rayon hives off Tarapur unit as part of revival plan
Ø  Pfizer hits snags registering vaccine for emergency use in Brazil
Ø  Mutual fund assets to touch ₹50 lakh crore by 2025: Crisil
Ø  RBI to conduct 3rd OMO purchase of SDLs aggregating ₹ 10,000 cr on Dec 23
Ø  Walmart partners with TikTok to sell merchandise while livestreaming
Ø  UK says chances of Brexit trade deal below 50%, despite EU optimism
Ø  Govt to press ahead with PSU stake sale: FM Nirmala Sitharaman
Ø  India’s economy showing signs of bottoming out: Credit Suisse
Ø  Google wins EU antitrust nod for $2.1 billion Fitbit deal
Ø  Apache to build a Rs. 70-crore leather industry in Pulivendula.

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Mandatory Validation of UDIN by CBDT

There are Lot of Queries with regard to Validation of UDIN by CBDT. From 27th November the CBDT has made it Mandatory to Mention the UDIN alongwith Tax Audit Reports/ Other Forms uploaded on e-filing portal, Either at the time of Uploading the Forms or Update the UDIN within 15 Days from the Filing of the Form. The Tax Reports / Forms will be treated valid only if their UDINs have been validated by CBDT E-filing Portal. 

It is being observed that some members though might have generated UDIN for IT Forms well in time but some-how missed to update the same on e-filing portal.
To remove this difficulty the CBDT has given a one-time relaxation by allowing them to update UDINs latest by 31st December, 2020.

In view of the same, such members are requested to update the UDINs on the e-filing Portal at the earliest but not later than 31st December, 2020 for all such IT Forms which have been uploaded by them from 27th April, 2020 onwards till 26th November, 2020. 

The procedure to update the UDIN is as under

Step-1
Login to Income Tax Portal through ARCA Login Credentials

Step-2, 
Click on the Tab -- My Account – View/ Update UDIN

Step-3
Enter PAN No. of the Client

Step-4
Enter UDIN and Press Update UDIN

||Gyan-Kranti Abhiyan ||

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M/s ARYAN TRADELINK Vs THE UNION OF INDIA
GST - Validity of blocking of credit ledger under Rule 86A of the Central Goods and Services Tax Rules, 2017 without assigning any reason – HELD - Rule 86A mandates that the Commissioner or Officer who is authorized, can block credit ledger if there are reasons to believe that any of the circumstances enumerated under the Rules exist and such officer must record reasons - In the present case, no reasons have been assigned and as such, the blockage of the credit ledger and the impugned order cannot be sustained – Respondent is directed pass a detailed reasoned order as required under Rule 86A of the CGST Rules - for the purposes of Rule 86A(3) which stipulates that the blockage shall cease to have effect after the expiry of a period of one year from the date of blocking, the effective date shall continue to the date of blocking of credit ledger - The writ petition is disposed of
[17/12, 11:30 pm] +91 93111 62970: It has also decided on 'MSME Lending' as the theme for the third cohort, details of which it will announce in due course. "To encourage innovation and broad base the eligibility criteria, the enabling framework has been modified by reducing net worth requirement from the existing Rs 25 lakh to Rs 10 lakh, as also including Partnership firms and Limited Liability Partnership (LLPs) to participate in the RS," the RBI said in a statement.

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System generated summary is a summary of FORM GSTR-3B which will be generated for every registered person based on the following:

a. Liabilities in tables-3.1 & 3.2 of GSTR-3B, except pertaining to inward supplies liable to reverse charge, are computed on the basis of details of outward supplies as filed by you in FORM GSTR-1 for the period.

b. Input Tax Credit (ITC) details and details of inward supplies liable to reverse charge, to be reported in Tables-4 and 3.1 (d) respectively, are computed as per your system generated FORM GSTR-2B for the period.

2. Values are auto-populated in GSTR-3B for the assistance of taxpayers. Consequently, the auto-populated values can be edited by the taxpayers, if required. The system will prompt the taxpayers with an alert in cases where the variance of the edited values from the auto-populated values is higher than a particular threshold. However, the taxpayers may continue their filing with the edited values, and system will not restrict the same.

3. If any invoice and credit note have been issued in same month, then both have to be reported separately.

4. In case net ITC available in table 4C is in negative, then such negative value shall be considered as liability.
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✒ Supreme Court has issued notices to the centre on two public interest litigations seeking uniform grounds of divorce and payments of maintenance and alimony to women across religion. 

✒ Supreme court grants Ekta Kapoor interim protection from arrest in FIR over web series "XXX" stating "We don't like the High Court Order".

✒ Delhi High Court has held that sex on promise of marriage doesn't constitute rape if a woman has consensual sex over a long period. 

✒ Madras High court has rejected the plea seeking direction against authority to pay 15% interest towards seized travelers cheques on the ground of undue delay or laches in claiming the same.
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⚫Indicating a sharp revival in direct tax, advance tax paid by co's in the December quarter rose by 50% compared with the corresponding period last year, owing to a low base effect. The robust revenue collection reinforces hope of a good economic performance in Q3FY21 after the surprising pickup seen in Q2. At Rs 1.41 trillion, overall advance tax collection, including corporation and personal income tax, rose by 33% in Q3. 
⚫The Supreme Court asked the attorney general of India if the Central Govt could give a commitment that the contentious farm laws would not be put into effect while the petitions seeking the removal of farmers from protest sites to facilitate negotiations were being heard.
⚫FM said that strong decisions taken by the Govt have ensured steady flow of FDI into the country which is far greater than what comparable economies have attracted during the pandemic. She reminded  that FDI is not hot money but reflects the commitment of investors to remain invested in India. 
⚫India reported 24037 new infections on Thursday, taking its total to 9.96 million, the second highest in the world.
⚫India will have to spend $1.4 billion to $1.8 billion in the first phase of a coronavirus vaccination programme, even after getting support under the COVAX global vaccine sharing scheme.


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👉🏻Email ID to register grievance under Faceless Assessment Scheme
(Exclusive email ID- "feedback.notice.neac@incometax.gov.in" enabled to register grievance regarding S. 142(1) notices (including roving questionnaires) issued under the Faceless Assessment Scheme)
👇🏻 👇🏻 👇🏻
http://bit.ly/3alpunf

👉🏻GST - ITC Claims auto-populated in GSTR-3B
(Big Relief in GSTR-3B, GSTN enables auto-populated GSTR-3B return, GST - ITC Claims auto-populated in GSTR 3B.)
👇🏻 👇🏻 👇🏻
https://bit.ly/3msJ4Aj

👉 CAI-Empanelment of Chartered Accountant firms/LLPs with the O/o C&AG of India for the year 2021-2022 (17-12-2020)
https://www.icai.org/post/empanelment-ca-firms-llps-with-cag-2021-2022

👉 The ones who are desirous in giving Observer ship Duty for Cycle II (21st January 2021 to 7th February 2021) Examinations ; may visit Observer Portal i.e. http://observers.icaiexam.icai.org    
and make online application to act as Observer.

👉 IT Dept - One time relaxation to update UDIN Kindly update the UDIN before 31st December, 2020 of audit report/certificates to avoid invalidation.

👉 Due dates for filing of Form GSTR-3B for the Tax Periods from October, 2020 till March, 2021
https://www.gst.gov.in/newsandupdates/read/413

👉 Filling up of the posts in the Competition Commission of India (CCI) on deputation basis.Pdf(373 KB)
http://www.mca.gov.in/Ministry/pdf/VacancyCircularCCI_17122020.pdf

👉 Empanelment of Chartered Accountant firms/LLPs with the O/o C&AG of India for the year 2021-2022 - (17-12-2020)
https://www.icai.org/post/empanelment-ca-firms-llps-with-cag-2021-2022

👉 Announcement for Registration to 3rd batch of Certificate Course on CSR - (17-12-2020)
https://www.icai.org/post/reg-3rdbatch-cc-csr

👉 Reserve Bank announces opening of Second Cohort under the Regulatory Sandbox
https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=50814
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