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Wednesday, 29 December 2021

29 December 2021 Updates

✅ Check ICAI Counting Update
https://www.icai.org/post/election2021-from-the-counting-venue

✅ Due Date for GSTR 3B For November - 20th December

✅ Delhi High Court has quashed all Notices issued under Section 148 on or after 1.4.2021. Judgement pronounced on 15/12/2021. Big relief for all & this precedence now shall be followed by all other high courts also.

✅ ICAI Convocation Year 2021-22 scheduled for Members who have been enrolled as a Chartered Accountant (CA) between November, 2019 and August, 2021 and For Rank Holders of CA Final Examination held in July 2021.

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Forthcoming Due Dates and Compliances

1. ITR Non-Audit due dates 31.12.2021
2. Tax audit 15.1.2022
3. Trust compliance by 31.12.2021
4 GST Annual Return filing due date for FY 2020-21 is 31.12.2021
5. Companies ROC complianced (see below)
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GST Notification 39/2021 w.e.f. 01st Jan, 2022

- Aadhar authentication has been made mandatory for Refund application
- Revocation application
w.e.f 1st Jan 2022
- Legal sanctity to 2B w.e.f. 1st Jan 2022 as Section 16(aa) of CGST Act applicable
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๐ŸŒบ GST Updates

๐Ÿ‘‰ GST Amendment: - Section 16(2)(aa) notified from 1 Jan 2022

(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37

Conclusion- It means from 1st Jan 2022 Input available only as when as come in GSTR-2B

๐Ÿ‘‰ Effects of New Sub-clause 16(2)(aa)

๐ŸŒป ITC cannot be availed beyond GSTR-2B

๐ŸŒป No concept of Provisional Credit(now 5% ITC Provision applicable but from 1st January no provisional ITC)

๐ŸŒป If GSTR-1 is filled by the supplier beyond the cutoff date, then ITC will not be available in the Same month 

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✅ Trust Audit & Return
Form 10B - 15th Jan 2022
ITR 7 - 15th Feb 2022

✅The Central Board of Indirect Taxes and Customs (CBIC) has removed the 5% Provisional ITC, Only ITC Reflected in GSTR-2B can be taken from 1st January 2022. The CBIC notified the sections 108, 109, and 113 to 122 of the Finance Act, 2021 to be effective from 1 January 2022.

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ICAI on Tuesday said the decision to refer a bill to amend the law governing chartered accountants to a Parliamentary standing committee was a good step and the institute will put across its concerns over certain provisions of the proposed legislation before the panel.

Pr. CIT incharge of CPC to refund the amount due to the petitioner within two week otherwise grim view will be taken: Bombay High Court. In the case of Rochem Separation Systems India Pvt Ltd Vs. Deputy Commissioner of Income tax. 

Section 109 of the Finance Act 2021 made applicable w.e.f 01-01-2022. Section 109 of Finance Act brought sec 16(2) (aa) of the CGST Act. Therefore, now ITC can be claimed only in relation to invoices furnished by supplier in GSTR-1.There will be no additional window of 5% as earlier and it will also rest disputed validity of Rule 36(4).

GST Notification no 39/2021–Central Tax dated 21/12/2021 Applicable w.e.f. 01.01.2022: 

Introduction of section 16(2)(aa) to the CGST Act to give powers to the govt to restrict availment of itc to the extent of auto population in GSTR 2B thus paving the path for support in the act to notify provisions of rule 36(4) of CGST Rules which is under challenge in various writ petitions across the nation.

Definition of supply to include services provided by members to club/AOP and vice Versa to overcome the judgment of Apex court in Calcutta Club case for service tax regime which would have been applicable under GST regime also. The above amendment is made applicable retrospectively w.e.f 01/07/2017 opening bell of new litigation.

Sec 129 for detention of conveyance and goods in transit has been amended to provide levy of penalty of 200% of tax amount in case of movement of vehicles without proper documents as per law.

A very big change as earlier the provisions stated for 100% and 100% penalty leading to double tax and many appeals had been filed for refund of tax paid twice. With this amendment now only penalty will be payable which would be equal to 200% of tax. If the assessee wants to prefer an appeal, then 25% of above penalty has to be paid during first appeal proceedings u/s 107 of the act.

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๐Ÿ‘‰ Assistance in filing Form 10E
https://www.incometax.gov.in/iec/foportal/e-Campaigns/e-mail/detail/9157

๐Ÿ‘‰ Assistance in filing Form 10BA
https://www.incometax.gov.in/iec/foportal//e-Campaigns/e-mail#1b3322c9-2a2e-4a9d-8d3a-68a00890de87

๐Ÿ‘‰ Mandatory Aadhaar authentication for registered person
https://www.gst.gov.in/newsandupdates/read/514
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31.12.21 is extended last date to file ITR for AY 21-22 for non-audit cases & form 10-IE for exercise of option of New Scheme of income tax in ITR. 

More than 4 crore ITRs for the last fiscal have been efiled, with around 8.7 lakh returns being filed on December 21 alone. With December 31 being the last date for filing FY’21 income tax returns (ITRs) for individual taxpayers, there has been surge in e-filing and 46.77 lakh returns were filed in the last seven days.

Wef 1.1.22, ITC to be available only for invoices/ Dr notes shown by supplier in GSTR-1/IFF & communicated to Buyer in GSTR-2B. (Sec 16(2)(aa)). 

Central Government vide Notification No. 38/2021-CT dated 21.12.2021 has notified January 1, 2022 as the implementation date for Rule 10B of CGST Rules, 2017. In the said rule, it is mandatory for the registered person to undergo Aadhaar authentication for the below purposes, Filing of application for revocation of cancellation of registration in FORM GST REG-21 under Rule 23 of CGST Rules, 2017 Filing of refund application in FORM RFD-01 under Rule 89 of CGST Rules, 2017 Refund of the IGST paid on goods exported out of India under Rule 96 of CGST Rules, 2017.

If your aggregate turnover is above Rs. 2 crores, then it's mandatory to file GSTR-9 before the 31st of December, 2021 for FY 2020-21.

Union Cabinet gave its nod for the signing of MoU between ICAI and the Polish Chamber of Statutory Auditors (PIBR). The MoU aims to strengthen cooperation in the matters of study and application of new innovative methods in the field of audit and accounting, including application of blockchain, smart contract system, transition from traditional accounting to cloud accounting.

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1️⃣ ECO is now made liable to pay GST on "restaurant services" provided through the e-commerce platform.

2️⃣ This change is not applicable for restaurant services provided from a premise with declared tariff of Rs. 7,500/- or above per day.

3️⃣ This provision shall be effective from January 01,2022.

4️⃣ Swiggy, Zomato qualifies etc is qualify as an "e-commerce operator" under Section 2(45) of CGST Act, 2017. 

5️⃣ Notification read with Section 9(5) of CGST Act, 2017, Swiggy, Zomato will be responsible to pay GST on restaurant services provided through it's website/app from January 01, 2022
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We would like to inform you that CBIC has notified the specific provisions to be effective from 1st January 2022.

We have summarized a few of them below. For any queries or clarifications, do get in touch with us.

Blocking of GSTR-1 for non-filing of GSTR 3B.

The GSTR-1 return filing facility will be blocked if you have not submitted the return in FORM GSTR-3B for the previous two return periods. For example, if a taxpayer has not filed GSTR-3B for October 2021 and November 2021, the GSTR-1 filing facility will be blocked from the 1st January 2022.

Aadhaar authentication is compulsory.

The Central Board of Indirect Taxes and Customs (CBIC) has notified that Rules related to Mandatory Aadhaar authentication for
Filing of application for revocation of cancellation of registration in Form GST REG-21 under Rule 23;

Filing of refund application in Form RFD-01 under rule 89;

Refund under Rule 96 of the IGST paid on goods exported out of India;

The pre-deposit amount for filing eWayBill Appeal increased from 10% to 25%.

It will not make much difference as the goods are not released by the Intercepting Officer without payment of total tax and penalty. However, it will affect those who will get the goods released by giving security.

Time limit specified for the issue of Notice and Order in case of eWayBill Proceeding.

The Intercepting Officer detaining or seizing goods or conveyance shall issue a notice within 7 days of such detention or seizure, specifying the penalty payable. After that, pass an Order within 7 days from the service date of such notice for a penalty payment.

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What is Restaurant and Non-Restaurant Services?

1️⃣ As per NN.11/2017 - CTR, "Restaurant service means supply, by way of or as part of any service, of goods, being food or any other article for human consumption or any drink, provided by a restaurant, eating joint including mess, canteen, whether for consumption on or away from the premises where such food or any other article for human consumption or drink is supplied".

2️⃣ A restaurant is a place which is in the business of preparing and serving food in the premises or as takeaway. 

An illustration under this category is provided below:

a) Restaurants located in a premise where declared tariff is not exceeding Rs. 7,500 per day and providing restaurant services.

b) Food and beverage sold as a part of restaurant services and which qualifies as restaurant services.

c) Cloud kitchens providing restaurant services etc.

d) Stand alone restaurants which are not ice cream parlors or bakeries.

3️⃣ As per NN. 17/2021, Zomato, Swiggy shall be responsible for charging, collecting and paying GST @ 5% on supply of "restaurant
services" made by such restaurent thru the ECO platform. The payments will be made after deducting such GST.

4️⃣ For Restaurent with No GSTIN, ECO will be responsible for charging, collecting, paying GST @5% on total order value.

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IMPORTANT GST UPDATES APPLICABLE FROM 1ST JANUARY 2022

1. NO ITC UNLESS REFLECTED IN GSTR 2A/2B

Input Tax Credit shall not be available unless details of invoices uploaded by supplier in Form GSTR-1 are communicated to the recipient (i.e reflected in GSTR 2A/2B). Margin of 5% will no more be available.

2. DIFFERENCE B/W GSTR -1 & 3B: DIRECT RECOVERY

Section 75(12) is amended to provide that tax declared under GSTR-1 but not included in GSTR-3B, will be considered as “Self Assessed Tax” and hence, direct recovery of such tax under Section 79 will be possible even without issuing any Show Cause Notice.

3. E-WAY BILL: 200% PENALTY TO RELEASE GOODS

At present, full tax and 100% penalty is required to be paid to release the goods which are seized for violation of E-way Bill related provisions and for non-carrying of other documents under Section 129. Now, it is provided that goods will be released on payment of penalty equal to 200% of tax and tax will be recovered through separate proceedings.

4. PROVISIONAL ATTACHMENT OF ASSETS OF BOGUS BILLING BENFICIARIES ALSO

Not only supplier and recipients but assets of the beneficiaries of bogus billing can also be provisionally attached.

5. SCOPE OF PROVISIONAL ATTACHMENT WIDENED

Provisional attachment is made applicable in all cases of proceedings of Assessment, Inspection, Search, Seizure and Arrest or Demands and recovery. Now, provisional attachment of property, like bank accounts, can be done not only in the case of Show Cause Notices and investigation but also for other proceedings like Scrutiny of Returns and tax collected but not paid.

6. 25% PRE-DEPOSIT FOR E-WAY BILL APPEALS

For filing appeals, before first appellate authority against order for violation of E-way bill and other provisions, it will be mandatory to pay pre-deposit of amount equal to 25% of penalty imposed.

7. E-WAY BILL CO-NOTICEE MAY NOT GET FREE BY PAYMENT OF 200% PENALTY BY MAIN NOTICEE

Where proceedings against main person liable to pay tax have been concluded under Section 74, proceedings against co-noticee are also deemed to be concluded as provided under Explanation 1(ii) to Section 74. However, now, such benefit will not be available to co-noticee for proceedings initiated to impose penalties for violation of E-way bill.
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✅ GST CREDIT
Wef 01.01.2022, ITC to be available only for invoices/ Dr notes shown by supplier in GSTR-1/IFF & communicated to Buyer in GSTR-2B. (Sec 16(2)(aa)).

✅ GST Annual Return
If your aggregate turnover is above Rs. 2 crores, then it's mandatory to file GSTR-9 before the 31st of December, 2021 for FY 2020-21.

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Income Tax Section 54 doesn’t say that construction of houses should necessarily be completed within two years: MP High Court.  

RBI instructions for bank safe deposit lockers:
In line with the SC order, RBI introduced revised instructions for Bank safe deposit lockers. These instructions are applicable from Jan 1st, 2022. Following are some of the highlights of the instructions:

Banks should carry out due diligence for all the customers who have applied for a locker.

The locker agreements with existing locker customers should be renewed by 2023. Banks have been asked to incorporate a clause in the locker agreement that the locker-hirer/s shall not keep anything illegal or any hazardous substance in the Safe Deposit locker.

Banks are permitted to take a ‘Term Deposit’, at the time of allotment of the locker. The ‘Term Deposit’ would cover three years’ rent and the charges for breaking open the locker in case of such eventuality. Banks cannot insist on ‘Term Deposits’ from the existing locker holders or those who have a satisfactory operative account.

CCTVs and ‘Access Control Systems’ should be installed for stronger security. The recordings of the CCTV camera should be preserved for 180 days. With respect to accessing the locker, banks should send an email and SMS alert to the registered email ID and mobile number of the customer before the end of the day as a positive confirmation intimating the date and time of the locker operation.

The claims in case of death of a customer should take place within 15 days from receipt of claim and submission of requisite documents.

The liability of the bank has been limited to 100 times its annual rent in case of fire, theft, frauds by employees, or building collapse. Banks should not offer any insurance product to their locker hirers for insurance of locker contents.

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Gujarat High Court deleted Section 68 additions of receipt of Unsecured loans as Identity, Credit worthiness and genuineness of transactions proved in the case of Principal Commissioner of Income-Tax Vs. Gopal Heritage (P.) Ltd.

GST UPDATES APPLICABLE FROM 1ST JANUARY 2022: 
 NO ITC UNLESS REFLECTED IN GSTR 2A/2B: Input Tax Credit shall not be available unless details of invoices uploaded by supplier in Form GSTR-1 are communicated to the recipient (i.e reflected in GSTR 2A/2B). Margin of 5% will no more be available.
DIFFERENCE B/W GSTR -1 & 3B: DIRECT RECOVERY: Section 75(12) is amended to provide that tax declared under GSTR-1 but not included in GSTR-3B, will be considered as “Self Assessed Tax” and hence, direct recovery of such tax under Section 79 will be possible even without issuing any Show Cause Notice.
E-WAY BILL: 200% PENALTY TO RELEASE GOODS: At present, full tax and 100% penalty is required to be paid to release the goods which are seized for violation of E-way Bill related provisions and for non-carrying of other documents under Section 129. Now, it is provided that goods will be released on payment of penalty equal to 200% of tax and tax will be recovered through separate proceedings.

India has imposed antidumping duties on five Chinese products, including certain aluminium goods and some chemicals, for five years to guard local manufacturers from cheap imports from the neighbouring country.

Proposal to introduce non-CA members into the ICAI disciplinary committee and the CA Bill, which was sent by Lok Sabha to a Parliamentary standing committee for scrutiny on December 21st, has caused growing angst and nervousness among CA firms and accounting professionals. CA, CMA and CS (Amendment) Bill, 2021, has proposed the inclusion of two CAs and three non-CAs (often government nominees) in the ICAI disciplinary committee, a change from the current setup comprising two non-CA nominees and three ICAI members.
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๐Ÿต️ One-time relaxation for verification of all income tax returns e-filed for the Assessment Year 2020-21

๐Ÿ‘‰ Verification can be done till 28/02/2022

๐Ÿ‘‰ Processing u/s 143(1) will be done till 30/06/2022

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ECO-Restaurant Services at a glance

1️⃣ Outlets that provide purely restaurant services (for eg. dal, rice, roti, biryani, dosa,
etc): GST of 5% will be applicable on all items and collected from customers who
order from these outlets. Zomato, Swiggy will pay the entire GST amount collected to the
government on behalf of the outlet.

2️⃣ Outlets that provide only non-restaurant services (for eg. bakery items, sweets,
 ice-creams, etc.): GST as mentioned by the outlet on all items will be applicable and
collected from customers who order from these outlets. Zomato, Swiggy will remit the GST amount to the outlet after deducting a TCS of 1%; the outlet will be liable to pay the GST to
the government directly.

3️⃣ Outlets that provide both restaurant and non-restaurant services: GST from
customers will be collected by Zomato, Swiggy as per the nature of items sold and paid to the
tax authorities.

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Faceless scheme

As per new scheme a personal hearing through Video Conference can be requested and when request is made the same shall be allowed . No discretion with the CIT (A ) to refuse such request of oral hearing through VC. The relevant part of scheme reads as under:-

“12. No personal appearance in the Centres or Units.––(1) A person shall not be required to appear either personally or through authorised representative in connection with any proceedings under this Scheme before the income-tax authority at the National Faceless Appeal Centre or appeal unit set up under this Scheme.

(2) The appellant or his authorised representative, as the case may be, may request for personal hearing so as to make his oral submissions or present his case before the Commissioner (Appeals), through the National Faceless Appeal Centre, under this Scheme.

(3) The concerned Commissioner (Appeals) shall allow the request for personal hearing and communicate the date and time of hearing to the appellant through the National Faceless Appeal Centre.

(4) Such hearing shall be conducted through video conferencing or video telephony, including use of any telecommunication application software which supports video conferencing or video telephony, to the extent technologically feasible, in accordance with the procedure 

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Annual Information Statement (AIS) is a comprehensive statement containing details of 46 of the financial transactions (income, investment, expenditure) undertaken by you in a financial year (FY). AIS is an information statement. It provides details of all the income received from various sources irrespective of whether tax has been deducted on such income or not. Further, any investments made by you will be reflected in the AIS as well. 

Central Board of Indirect Taxes & Customs had issued Notification No. 17/2021-Integrated Tax (Rate) dated November 18, 2021, regarding to amend Notification No. 14/2017- Integrated Tax (Rate) dated June 28, 2017. Resulting E-commerce operators to pay tax on the following services provided through them from January 01, 2022. 

 Transport of passengers, by any type of motor vehicles through it;

 Restaurant services provided through it with some exceptions. 

Karnataka High Court has stayed proceedings initiated by GST authorities seeking retrospective payment of tax on annuity to infrastructure companies. The high court, on December 23, stayed the proceedings initiated after summons were issued by the authorities as well as the circular issued by the CBIC in June clarifying that GST was leviable on annuity payments.
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MCA Update

Relaxation on levy of additional fees in filing of e-forms AOC-4, AOC-4(CFS), AOC-4 XBRL, AOC-4 Non-XBRL and MGT-7/MGT-7A for the financial year ended on 31.03.2021 under the Companies Act, 2013.

Please find the link

https://www.mca.gov.in/bin/dms/getdocument?mds=y7MsuJR2BoOvDvpg8FREsg%253D%253D&type=open
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Thanks for reading

Sunday, 19 December 2021

19 December 2021 Updates


⚫The Union Cabinet cleared a comprehensive Rs 76,000-crore package to build a semiconductor ecosystem in the country. The incentives will be extended to a range of new units -- greenfield chip fab and display fab units, apart from compound semiconductor and ATMP facilities.
⚫Steady depreciation in rupee spells trouble for stock prices. Analysts say a currency depreciation creates an inflationary overhang in the economy, depressing equity valuation.
⚫The RBI will introduce revised norms for banks for setting aside capital for operational risks from April 01, 2023, to ensure robustness in working of banking entities.
⚫The Union Cabinet have cleared a bill on electoral reforms, including the one to link electoral roll with Aadhaar on a voluntary basis to root out multiple enrolments.
⚫The I-Tax Dept has found an "unholy nexus" between four ARCs based in Mumbai and borrower groups after they were raided recently.The searches were launched on Dec 8, and a total of 60 premises in Mumbai, Ahmedabad, Delhi and few other places were covered.

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Judgement on Rule 86A – Blocking of Electronic Credit Ledger

ADVENT INDIA PE ADVISORS PRIVATE LIMITED Vs THE UNION OF INDIA AND ORS_ (WP)
HIGH COURT OF BOMBAY

1️⃣ Present case the GST Officer blocked the credit ledger even after elapsed of one year on the ground that the petitioner had not provided reconciliation statement between GSTR-2A and ITC availed.

2️⃣ The Court directed to unblock the credit ledger on following grounds.

3️⃣ Curiously, the instructions do not refer to sub-rule (3) of rule 86A. The respondent no. 2 appears to be oblivious of such provision. Having regard to the statutory mandate in sub-rule (3) of rule 86A, the petitioner is entitled to claim that the ITC ought to have been unblocked immediately after one year of the restriction being imposed. 

4️⃣ If indeed the respondents were of the view that the petitioner had not been cooperating with the department, they ought to have proceeded against it in a manner known to law.

5️⃣ However, to say that reply is awaited and hence lifting of the restriction has not been resorted to is clearly illegal.

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This ruling is delivered by the Division Bench of the Delhi High Court comprising Justice Manmohan and Justice Navin Chawla

Senior Advocates S. Ganesh and Percy Pardiwalla and Advocates Kavita Jha,  Sachit Jolly, Vaibhav Kulkarni, Ved Jain, Neeraj Jain,  Rohit Jain, T.M. Shivakumar, Dr. Rakesh Gupta, Salil Kapoor, Aseem Chawla, Mayank Nagi, Piyush Kaushik, Kishore Kunal, Kapil Goel, Puneet Agarwal, Mani Bhadra Jain along with the battery of lawyers appeared for the Assessees.

Senior Standing Counsel Zoheb Hossain, Sunil Agarwal, Sanjay Kumar, Ruchir Bhatia, Puneet Rai and Junior Standing Counsel Shailendra Singh appeared for the Revenue.
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CBDT has rolled out the e-Verification Scheme, 2021 for the Collection of Information of Assessee by the AO. This Scheme will be applicable for calling for information under section 133 of the Act; collecting certain information under section 133B of the Act; calling for information by the prescribed income-tax authority under section 133C of the Act; (iv) exercise of power to inspect registers of companies under section 134 of the Act; and exercise of the power of Assessing Officer under section 135 of the Act.

Delhi High Court has quashed all Notices issued under Section 148 on or after 1.4.2021. There were 1353 writ petitions. Judgement pronounced on 15/12/2021. Big relief for all & this precedence now shall be followed by all other high courts also.

45th meeting, the GST Council unanimously decided to keep petrol & Diesel products out of the GST ambit, the government told the Kerala High Court in an affidavit. The response, filed jointly by the government and the GST Council, has come after the high court issued notice on a public interest litigation seeking inclusion of petroleum products under the GST.

World Trade Organization Director-General Ngozi Okonjo-Iweala on Tuesday said that India’s policy on foreign direct investment is ambiguous and can be strengthened. At the CII Partnership Summit, she said that companies trying to invest in India face lengthy approval processes. “There are still some policies to strengthen.

ICAI Convocation Year 2021-22 scheduled for Members who have been enrolled as a Chartered Accountant (CA) between November, 2019 and August, 2021 and For Rank Holders of CA Final Examination held in July 2021. 

For ICAI Elections (North Region) Live update, The counting will start on 16th December 2021 at 9.30AM , on the first day (16th Dec) any where voting ballot boxes will be opened and will be sent to their respective regions and on the second day (17th Dec) the first count will start and is expected to complete by 20th December 2021.  please visit our blog  https://icaielection2021.blogspot.com/

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⚫Spread of digital economy, fuelled by increasing cloud enablement among tech giants, has led to a surge in demand for digital skills. Large digital transformation deals, hybrid cloud adoption, automation of front and back-end systems, and investments in tech enabled assets have und­er­pinned business performances and manpower hiring sprees in the last leg of 2021. 
⚫Industry bodies advised FM and top Budget makers that the Govt continue its thrust on public investment in infrastructure and capital expenditure to enable sustained economic recovery.
⚫Infosys sets up dedicated war room as deadline for ITR filings nears.
⚫Govt rolls back proposals in draft power Bill, drops subsidy abolition.
⚫Work at banks across India is likely to suffer on Friday as lakhs of PSB employees continue their two day strike protesting privatisation of state owned lenders.

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CBDT asks AO  to upload information on the portal of assessee by 31.12.2021 for AY 2015-16 & 2018-19 for reopening of Assessment. 

CBDT has issued refunds of over Rs 1,36,779 crore to more than 1.27 crore taxpayers from April 1 to December 13. 

The Chief Justice of the International Court of Justice has been elected from the Indian community .Justice Dalveer Bhandari has been elected as The Chief Justice of the International Court of Justice.

RBI has sounded out some of the financial institutions to sense the possible demand for 'inflation indexed bonds'. An inflation-linked government security, which serves as a hedge when real returns from fixed deposits and bonds have declined sharply, has the potential to draw large institutional investors like life insurance companies as well as retail savers.

For ICAI Elections (North Region) Live update, The counting has been started  on 16th December 2021, on the first day anywhere voting ballot boxes, postal boxes were opened and sent to their respective regions after Booth wise reconciliation was started and expected to complete today (17th Dec) afternoon. After that the first count will start and is expected to complete by late evening.  please visit our blog more https://icaielection2021.blogspot.com/

Supreme Court held that the National Company Law Tribunal and the National Company Law Appellate Tribunal cannot act as “courts of equity” and compel parties to settle their disputes during the insolvency resolution process.A Bench led by Justice DY Chandrachud said that the NCLT is empowered only to verify whether a default has occurred or not. Based upon its decision, the NCLT “must then either admit or reject an application respectively. 

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Chartered Accountant Amendment Bill 2021 summary:

1. Council term will be 4 year

2. Cooling will be at every two term.

3. Co-ordination committee will be constitute, every institute president, Vice President and secretary will be the part of this. Meeting of committee will be chaired by secretary of MCA.

4. Accounts of the Institute will be the audit by C&AG No council members firm will involved in this audit.

5. Complaints file with the disciplinary directorate shall not be withdrawn in any circumstances 

6. Disciplinary committee constituted under this act will be appointed by CG and council but more officer will be appointed by CG

7. Penalties will be between 1L to 5L and 2L to 10L under different schedule.

8. Timeline fix to dispose off disciplinary complaints.
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⚫Net direct tax collection in FY22 as of Dec 16 rose 60.8% to Rs 9.5 trillion, signalling that the Govt may end up this fiscal year with a comfortable revenue position.
⚫The Ministry of Road Transport and Highways of India has planned investment worth Rs 7 trillion for infrastructure projects to be spent over the next 2-3 years.
⚫Pawan Hans privatisation: Govt gets financial bids in fourth attempt.
⚫The UK recorded its highest daily cases of Covid19 crossing the 78,000 mark, prompting Govts across the world to take notice. 
⚫India's Omicron COVID count crossed the 100 mark on Friday after recording the highest single day rise of 24 fresh cases of the new variant, even as the Centre advised people to avoid non-essential travel and mass gatherings.

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CBDT, vide Order dated 16.12.2021 modifies its earlier order, directs transfer of all the cases, except the cases of International Taxation, to the Central Charges where assessment proceedings are pending/initiated pursuant to survey under section 133A or where survey is conducted in the course of the assessment proceedings; The cases are directed to be transferred irrespective of presence/ absence of impounded material and completed by Central Charges only. 

CBDT, vide another Order dated 16.12.2021, modifies its earlier order to exclude these cases from the purview of Section 144B; Both the orders come into effect, immediately.

Advance tax collections in the third quarter of the fiscal year almost doubled from the year-earlier period, underscoring hopes of a sustained economic recovery amid the threat from the Omicron Covid-19 variant. The advance tax mopup in the December quarter was 94,107 crore, up 90% from 49,536 crore in the same period last year. 

Revenue Secretary meet Infosys team on the preparedness of the e-filing website during the peak filing period; So far 3.59 Cr ITRs have been filed on the new e-filing portal with number of ITRs filed per day crossing 6 lakh increasing everyday with the extended due date of December 31, 2021 approaching. 

Union Of India & Ors. Vs. AAP And Company (Supreme Court) Hon’ble Supreme Court has reversed the Judgment of High Court of Gujarat in which high court has held that GSTR-3B is not a return under GST Act. 

Finance Minister has introduced the Chartered Accountants, the Cost And Works, Accountants and the Company Secretaries (Amendment) Bill, 2021 in Lok Sabha. The Bill aims to reform the three professions' disciplinary mechanisms and streamline the institutions' functioning, namely the Institute of Chartered Accountants of India, the Institute of Company Secretaries of India, and the Institute of Cost Accountants of India.
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Thursday, 16 December 2021

16 December 2021 Updates

๐ŸŒบ Empanelment of Chartered Accountant firms/LLPs for CAGs for the year 2022-2023

๐Ÿ‘‰ Online Applications are invited from Chartered Accountant firms/LLPs who desire to be empanelled with the office of the *Comptroller and Auditor General of India for the year 2022-2023* for considering for appointment as auditors of Companies as per Sections 139(5) and 139(7) of the Companies Act 2013 and of Statutory Corporations/Autonomous Bodies as per the provisions of their respective Acts.

๐Ÿ‘‰ Online application form along with detailed instructions in this regard will be available on the website www.cag.gov.in from 1 January 2022 to 15 February 2022.

๐ŸŒฝ The applicant firms/LLPs will have to fill/update the data showing the status of their firm as on 1 January 2022. 
๐Ÿ‘‰ After filling/updating the data, the firms/LLPs will be required to generate online acknowledgement letter for the year. If the firms/LLPs fail to generate online acknowledgment letter, their application would not be considered for empanelment.
๐Ÿ‘‰ The firms/LLPs will be required to submit a print out of the acknowledgement letter generated online and also hard copies of the documents in support of their online application to this office by 28 February 2022.
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๐Ÿ‘‰ DoT moves NCLAT against resolution of Videocon; claims Rs 881.92 cr due from Videocon Telecom
https://economictimes.indiatimes.com/industry/telecom/telecom-news/dot-moves-nclat-against-resolution-of-videocon-claims-rs-881-92-cr-due-from-videocon-telecom/articleshow/88207695.cms

๐Ÿ‘‰ Adoption of viable green steel-producing methods a decade away: Sajjan Jindal
https://economictimes.indiatimes.com/industry/indl-goods/svs/adoption-of-viable-green-steel-producing-methods-a-decade-away-sajjan-jindal/articleshow/88208481.cms

๐Ÿ‘‰ ICAI - Empanelment of Chartered Accountant firms/LLPs for the year 2022-2023
https://www.icai.org/post/empanelment-of-chartered-accountant-firms-llps-for-the-year-2022-2023

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⚫GST Council likely to meet early Jan to discuss rate rationalisation. At the 45th GST Council Meeting, the Council had decided to rectify the inverted duty structure for footwear and textiles.
⚫India exports about US$ 10 billion worth of goods to Bangladesh, which is about 15% of total imports of Bangladesh.
⚫Micro-finance institutions want the RBI to hike the qualifying threshold of inflation adjusted household income for taking loans to Rs 3 lakh a year to widen the scope of eligible borrowers.
⚫RBI announces proposal to push UPI payments through feature phones.
⚫The Omicron coronavirus variant is more transmissible than the Delta strain and reduces vaccine efficacy but causes less severe symptoms according to  the WHO.
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✅ Upcoming Due Dates

✅Clarification of holding of Annual General Meeting (AGM) through Video Conference (VC) or Other Audio Visual Means (OAVM)

https://www.mca.gov.in/bin/dms/getdocument?mds=LzJdfoYrL7zlnxT8HWRv5Q%253D%253D&type=open
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Breather for tax payer; AIS data not for tax calculation: CBDT December 08, 21. On the alleged discrepancies related to stock sale and purchase data of assessees on newly-introduced Annual Information System (AIS), the Central Board of Direct Taxes (CBDT) has said that AIS data is not being used for suo moto tax liability calculation as of now.

In many cases AIS is showing pledged shares as sale of shares, an entry which will enhance tax liability. The data on sale/purchase of shares is showing the day’s closing prices rather than prices at which the sale/purchase was executed.

Clarifying the points, a top official from CBDT, clarified that “The equity data being reflected in AIS is based on inputs from depositories.”

The data is just there to make the tax payer aware about transactions that have been reported to the tax department by depositories and other third parties.

We are not taking those transactions into account for pre-filling income tax return forms or calculating capital gains, etc, as of now, as it is a third party data,” the official added.

“No tax liability computation will be done based on the data,” the official pointed out. The official also said that AIS gives an option in the drop-down menu for raising a red flag on data sourced from third parties.

The CBDT has rolled out AIS to capture information related to interest, dividend, securities transactions, mutual fund transactions and foreign remittances, among others, for 360-degree profiling of tax payers to plug evasion.

It will replace Form 26AS. The data is collected from agencies like depositories, property registrars and asset management companies.

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⚫The benchmark indices fell on Monday amidst concerns about rising Omicron cases in Europe and the possibility of more aggressive tapering measures by the US Federal Reserve.
⚫Attendance at workplace rises to pre Covid levels. Power generation also moves higher than the previous week.
⚫NITI Aayog CEO said that the going forward India is determined to carry out more reforms across all sectors because the country needs more of them, not less.
⚫An online system that enables people to file corruption complaints with the Lokpal was inaugurated by the anti-graft ombudsman. It can be accessed by the citizens and complaints can be filed from anywhere, anytime at lokpalonline.gov.in
⚫Netflix cut the prices of all its four subscription plans in India, moving aggressively to expand its base in a country that is crucial for its business and still has millions of untapped users.

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๐Ÿ’ก⚖️MCA Update 

Clarification of holdi of Annual General Meeting (AGM) through Video Conference (VC) or Other Audio Visual Means (OAVM)-reg.
In continuation of Ministry's General Circular No. 20/2020 dated 05.05.2020, General Circular No. 02/2021 dated 13.01.2021 and General Circular No. 19/2021 dated 08.12.2021, it has also been decided to allow the companies who are proposing to organize AGMs in 2022 for the Financial Year ended/ending any time before/on 31.03.2022 through VC or OAVM as per the respective due dates by 30th June, 2022 in accordance with the requirements laid down in Para 3 and Para 4 of the General Circular No. 20/2020 dated 05.05.2020.

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Important_Announcement

ICAI_Convocation_Year_2021_22 scheduled for Members who have been enrolled as a Chartered Accountant (CA) between November, 2019 and August, 2021 and For Rank Holders of CA Final Examination held in July 2021.

Region Wise Schedule is Attached Hereby...

https://www.icai.org/post/convocation-2021-22

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⚫WPI-based inflation rate had galloped to 14.23% in Nov from 12.54% a month earlier. Higher food and fuel prices pushed the WPI rate to a record high, raising fears that this may translate into elevated retail inflation in coming months as well.
⚫Tata Group in talks with Taiwan co's to make chips in India. Indian conglomerate has a captive requirement for semiconductors.
⚫The RBI introduced a  PCA framework for large NBFCs putting restrictions on para banks whenever vital financial metrics dip below the prescribed threshold.
⚫Cryptos may figure on RBI central board meet agenda on December 17. It is not unusual for the RBI board to deliberate on matters not listed on the agenda.
⚫World Trade Organization panel ruled in favour of Brazil, Australia and Guatemala in their trade disputes with India over sugar subsidies and asked New Delhi to conform with global rules. The rival producers alleged that India had broken WTO rules by providing excessive domestic support and export subsidies for sugar and sugarcane.
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๐Ÿ“ฒ Download my official Android app "Updates by CARJ" ๐Ÿ“š to stay connected with latest news and updates ๐Ÿ“


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Sunday, 12 December 2021

12 December 2021 Updates

๐Ÿ”ฎ Ethics of the Day๐Ÿ•ต๐Ÿป‍♀️

๐Ÿต️ FAQ: Whether a CA Firm can be registered with the Institute as a Limited Liability partnership?

๐ŸŒ€ Ans: Yes, vide the Chartered Accountants (Amendment) Act, 2011, the definition of “Firm” has been amended to include the Limited Liability partnership as defined in Clause (n) of sub-section (1) of Section 2 of the Limited Liability Partnership Act, 2008.

๐Ÿต️ FAQ: Can a member in practice render Management Consultancy and other services?

๐ŸŒ€ Ans: Yes, however, the areas covered under the Management Consultancy and other services have been summarized by the Council.

๐Ÿต️ FAQ: Whether a member in practice is permitted to undertake the management of NRI funds?

๐ŸŒ€ Ans: No, the member is not permitted to undertake such assignment Frequently Asked Questions on Ethical Issues 4 because the same is not covered under “Management Consultancy and Other Services” permitted to be rendered by the practicing members of the Institute.
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✅ ITD Press release on number of ITRs filed
As per press release more than 3 crore ITRs filed on the new e-Filing portal of the ITD, Taxpayers who are yet to file their ITRs for AY 2021- 22 advised to file at the earliest.
https://www.incometaxindia.gov.in/Lists/Press%20Releases/Attachments/1026/Press-Release-More-than-3-crore-ITR-filed-on-the-new-e-Filing-portal-dated-05-12-2021.pdf 

✅ GST - Module wise new functionalities deployed on the GST Portal for taxpayers
Various new functionalities are implemented on the GST Portal and available to view on official You Tube channel of GSTN
https://www.gst.gov.in/newsandupdates/read/496 

✅ Vodafone confirms filing for retro tax dispute settlement with India
Vodafone Group has filed an application with the government to settle its ₹20,000-crore retrospective tax dispute.
https://economictimes.indiatimes.com/news/economy/policy/vodafone-confirms-filing-for-retro-tax-dispute-settlement-with-india/articleshow/88082563.cms 

✅ Access to ICAI e-Journal for December-2021
http://anax8a.pressmart.com/TheCharteredAccountant 

✅ IBBI Press Release for Syllabus for Limited Insolvency Exam w.e.f. 01/03/2022*
https://ibbi.gov.in//uploads/press/4a516765a9e826b156d77df5bbec5976.pdf
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⚫Govt makes largest ever payment for slashing oil bond dues. Total interest outgo to top Rs 1.6 trn, against bonds of Rs 1.44 trn since FY10.
⚫The finance ministry said over three crore income tax returns have been filed for the financial year 2020-21.
⚫The RBI Monetary Policy Committee is expected to hold lending rates when its decision is announced Wednesday.
⚫Microfinance business may attract closer scrutiny on the way it is done. The outstanding microfinance portfolio at Rs 236.1K crore as of June 2021 marks a 7% qoq de-growth and less than 1% in year-on-year growth.
⚫India reported seventeen cases of the Omicron variant of Covid-19, taking the total to 21 as states and cities stepped up testing travelers and enforcing safety measures.

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ITC on Import in 2A: Solutions?

Many taxpayers are facing technical issues on the GST Portal that Import ITC of some Bill of Entries is not getting reflected in GSTR 2A/2B. Due to this many taxpayers are receiving notices from the department for excess claims of ITC.

1️⃣ Click the Services > User Services > Search BoE option.

2️⃣ Enter the Port Code, BOE No, BOE Date, and Reference Date.

3️⃣ Check Search Results, Click History of ICEGATE to view the History of query ICEGATE.

4️⃣ Click the BACK button to go back to the Search BoE Records page.

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⚫The key benchmark indices extended Friday's fall as investors continued to adopt a cautious approach given the uncertainity around the Omicron virus and the upcoming RBI policy meeting on Dec 08.
⚫FPIs dump $2.1 bn worth bank shares in Nov, pump $2.7 bn into FMCG stocks.
⚫The finance ministry told Parliament that the Govt had no plans for boosting cryptocurrency sector in India.
⚫Cases of the Omicron coronavirus variant have risen to 23 in India in two days, as Govt announced more than half of the country’s eligible adult population is fully vaccinated against the disease.

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✅ The online examination application form for ISA-AT scheduled to be held on 8th January, 2022 has been hosted on https://isaat.icaiexam.icai.org.  All the eligible members may apply for the same. The last date for submitting the ISA-AT exam application form is 10th December, 2021.

✅ Procedure under Section 148A & the Substituted Sections 147 to 149 & 151 applies to Reassessment initiated on or after 01.04.2021. Hence the Reassessment notice issued under Section 148 deserves to be quashed held by High Court of Rajasthan in the case of Bpip Infra (P.) Ltd. Vs. ITO, Jaipur

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Updates and Improvements in GSTR-1

A revamped & enhanced version of GSTR-1/IFF is being made available on the GST Portal to improve the taxpayer experience. Here are the latest features.

1️⃣ GSTR-1/IFF has been grouped in two sections ADD RECORD Details and AMEND RECORD Details.

2️⃣ E-Invoice advisory and Help Button have been moved to the top of the dashboard page.

3️⃣ Table/Title Document Counts with color coding. 
Saved- Green color
Pending- Brinjal color
Errored- Red color

4️⃣ B2B and CDNR Title- New Record Detail Table with the details of the recipient wise count of records.

5️⃣ Records per page increases to 50 records per page.

6️⃣ When new records has been added, the SUBMIT and PREVIEW buttons will be disabled till a new summary has been generated after updating records.

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⚫India and Russia are eyeing deeper participation in the infrastructure sector with a host of memorandums being signed during Russian President brief visit. The agreements cover crude oil supply deals, manpower training, technology transfer for oil refineries, and research in the field of metallurgical technologies.
⚫After inaugurating the Rs 8,600 crore Gorakhpur fertiliser factory, PM said soil nutrients NPK and urea accounted for central subsidies worth Rs 43,000 crore and Rs 33,000 crore, respectively this year.
⚫In a stern action against industries, the Commission for Air Quality Management ordered immediate closure of all those NCR industries which have not switched to cleaner fuels in industrial areas despite their availability.
⚫India unseats Brazil as No.1 food supplier to Arab nations after 15 years.
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⚫Fitch Ratings cut India's economic growth forecast to 8.4% for the year ending March 31, 2022, but raised GDP growth projection for the next financial year to 10.3%.
⚫GST recommendation may cause immediate spike in inflation. The 5% tax rate broadly covers most food items, so an increase here would directly impact the monthly grocery budget of households.
⚫Power ministry approves new inter-state projects worth Rs 15893 cr.
⚫UP, Delhi & Karnataka have emerged as top three states in terms of registration of electric vehicles in India.
⚫The Samyukt Kisan Morcha intends calling off protests against three agriculture laws, but only after receiving a final copy of Govt’s revised proposal about its demands.
⚫Over 93% of villages in the country now have mobile broadband coverage through 3G and 4G technologies.

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 ๐ŸŒบ Tender for CA Firms
NBCC (India) Ltd., Greater Noida, Uttar Pradesh

๐Ÿ‘‰Tender for Engagement of Partnership/ Limited Liability Partnership firms of Chartered Accountants firms for conducting a special audit of stalled projects of erstwhile Amrapali group being executed by NBCC (India) Limited under the direction of Hon’ble Supreme Court of India for the financial years 2021-22, and 2022-23.”

๐Ÿ‘‰Last Date: 13/12/2021

Email : rbg.amrapali@nbccindia.com

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⚫Credit Suisse expects the economy to continue to show positive surprises and record up to 9% growth in the next fiscal.
⚫Top 500 Indian firms added $1.2 trn wealth so far in CY21. This comes on the back of record highs in the stock markets, caused by a fast-growing digital economy and greater optimism for the post-Covid growth trajectory.
⚫The third tranche of Bharat Bond ETF was oversubscribed 6.2 times against the base issue size of Rs 1,000 crore.
Bharat Bond ETF invests in the debt of public sector companies.
⚫The Ministry of Railways will get Rs 20,000 crore under the second tranche of the supplementary demand for grants. This will take the allocation for the railways’ capital exp to more than Rs 2.35 trillion in 2021-22.
⚫Normal international flights suspended till Jan 31 over Omicron scare.

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The due date for deposit of advance Tax is 15-12-2021. You are requested to please deposit upto 75% For   3rd installment on or before 15-12-2021 to avoid interest on income tax not allowable as expense , However Bank interest paid on advance tax is allowable as expense. 

High Court of Delhi dismissed the vexatious appeal with cost filed against CA whose Audit report passed Judicial Scrutiny in the case of Wholesale Trading Services (P.) Ltd. Vs. Institute of Chartered Accountants of India. 

Allahabad High Court admits assessee's appeal challenging ITAT order upholding TP-adjustment on account of corporate guarantee for AY 2014-15, frames 2 substantial questions of law; Admits question on whether ITAT was legally correct in holding that corporate guarantee given by the assessee on behalf of its AEs is an “international transaction” within the meaning of Sec.92B of the Act, without recording finding that the transaction is of such a nature as to have bearing on profits, income, losses or assets of the entity. 

MCA clarified that the deadline for holding annual general meetings (AGMs) due in the current year (2021) will not be extended further. The deadline to conduct AGMs ended on November 30. However, it has decided to allow companies to hold their AGMs through video conferencing or other audio-visual modes till June 30, 2022, given the threat imposed by the new variant.

RBI has proposed issuing a discussion paper on all aspects of digital payment charges, including the ones incurred while using credit cards, debit cards, prepaid payment instruments, Unified Payment Interface (UPI), among others. The central bank also proposed launching a UPI-based payment product for feature phone users.

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⚫IIP growth dips to eight-month low of 3.2% in Oct as manufacturing drags.
⚫Govt fails to join IPO bandwagon, share of PSUs less than 5% in 2021. Only two PSUs have managed to launch their IPOs, together raising less than Rs 5,500 crore.
⚫The RBI has approved the LIC of India to raise its stake in IndusInd Bank by up to 9.99%. The insurer holds 4.95% in the private lender.
⚫In India, nearly 38% of the total population is fully immunised and 60% have received at least one dose of the vaccination by December 10, 2021.

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✅ICAI - Empanelment of Chartered Accountant firms/LLPs for the year 2022-2023 - (10-12-2021) - https://www.icai.org/post/empanelment-of-chartered-accountant-firms-llps-for-the-year-2022-2023

✅CBIC has amended Bill of Entry Regulations to ensure faster clearances of Imports. https://twitter.com/CASumitGarg3/status/1469518996332421120?t=1t31qQeso53hZQNyTM0WLQ&s=08

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Empanelment of Chartered Accountant firms/LLPs for the year 2022-2023

Online Applications are invited from Chartered Accountant firms/LLPs who desire to be empanelled with the office of the Comptroller and Auditor General of India for the year 2022-2023 for considering for appointment as auditors of Companies as per Sections 139(5) and 139(7) of the Companies Act 2013 and of Statutory Corporations/Autonomous Bodies as per the provisions of their respective Acts. Online application form along with detailed instructions in this regard will be available on the *website www.cag.gov.in from 1 January 2022 to 15 February 2022.* The applicant firms/LLPs will have to fill/update the data showing the status of their firm as on 1 January 2022. After filling/updating the data, the firms/LLPs will be required to generate online acknowledgement letter for the year. If the firms/LLPs fail to generate online acknowledgment letter, their application would not be considered for empanelment. The firms/LLPs will be required to submit a print out of the acknowledgement letter generated online and also hard copies of the documents in support of their online application to this office by 28 February 2022.
[11/12, 3:56 pm] SN > CA Raj Chawla-2: Faith makes everything possible. Hope makes everything work. Love makes everything beautiful.Have all the three as you begin your day.

Every beautiful thing is not always GOOD. But every GOOD thing is always beautiful. being Important is not always GOOD. But being GOOD is always Important.

The deadline to file income tax returns (ITR) for assessment year 2021-22 is 31 December. Though the income tax (I-T) department has introduced an automated filing system, annual information statement (AIS) along with other initiatives to ease the filing process, filing tax returns can be cumbersome.

Delhi ITAT allows Vedanta Ltd. (Successor to Cairn India Ltd.) to withdraw its appeal for assessment year 2007-08 in pursuance of amendment to section 9(1)(i) made by Taxation Laws (Amendment Act), 2021 and Rules framed thereunder. 

Due date to file GST Annual Return for F.Y.2020-21 is 31.12.2021. The requirement of filing annual return is given u/s 44 of CGST Act, 2017 read with rule 80 of CGST Rules, 2017. The substituted rule 80 effective from 01.08.2021 provides for the filing of annual return and a reconciliation statement on a self-certified basis. An option is also provided to the taxpayer to furnish information in certain tables of GSTR-9 & 9C.

Equity-linked mutual fund schemes saw net inflows of over Rs 11,614.73 crore in November, as per the data furnished by the Association of Mutual Funds in India (AMFI) on Thursday. In October, the net inflows had stood over Rs 5,214 crore.

Insolvency & Bankruptcy Board’s move to make the committee of creditors (CoC) more accountable for its actions appears to have run into rough weather. The government is apprehensive about handing the oversight of CoC to the Insolvency & Bankruptcy Board (IBBI), as proposed in the code of conduct, and this could delay its implementation. 
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๐ŸŒบ Breather for tax payer; AIS data not for tax calculation: CBDT December 08, 21

๐ŸŒด On the alleged discrepancies related to stock sale and purchase data of assessees on newly-introduced Annual Information System (AIS), the *Central Board of Direct Taxes (CBDT)* has said that AIS data is not being used for suo moto tax liability calculation as of now.

๐ŸŽฏ In many cases AIS is showing pledged shares as sale of shares, an entry which will enhance tax liability. The data on sale/purchase of shares is showing the day’s closing prices rather than prices at which the sale/purchase was executed.

๐ŸŒ€ Clarifying the points, a top official from CBDT, clarified that “The equity data being reflected in AIS is based on inputs from depositories.”
๐Ÿ‘‰ The data is just
 there to make the tax payer aware about transactions that have been reported to the tax department by depositories and other third parties.

๐Ÿซ We are not taking those transactions into account for pre-filling income tax return forms or calculating capital gains, etc, as of now, as it is a third party data,” the official added. 

๐Ÿฅญ “No tax liability computation will be done based on the data,” the official pointed out.

๐Ÿ‘ The official also said that AIS gives an option in the drop-down menu for raising a red flag on data sourced from third parties.

๐Ÿ The CBDT has rolled out AIS to capture information related to interest, dividend, securities transactions, mutual fund transactions and foreign remittances, among others, for 360-degree profiling of tax payers to plug evasion. 

๐Ÿ“ It will replace Form 26AS. The data is collected from agencies like depositories, property registrars and asset management companies.

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๐ŸŒบ The MCA vide  General Circular No. 19/2021 dated December 08, 2021  issued clarification w.r.t. holding of Annual General Meeting (“AGM”) through Video Conference (“VC”) or Other Audio Visual Means (“OAVM”).

๐Ÿ‘‰With reference to Ministry’s General Circular No. 20/2020 dated May 05, 2020 and General Circular No. 02/2021 dated January 13, 2021, it has been decided to allow the companies whose AGMs are due in the Year 2021, to conduct their AGMs on or before June 30, 2022 in accordance with the requirements laid down in Para 3 and Para 4 of the General Circular No. 20/2020 dated May 05, 2020.

๐Ÿ‘‰It is clarified that this Circular shall not be construed as conferring any extension of time for holding of AGMs by the companies under the Companies Act, 2013 (“the Act”) and the companies which have not adhered to the relevant timelines shall be liable to legal action under the appropriate provisions of the Act.

๐Ÿ‘‰The General Circular can be accessed at: 
https://www.mca.gov.in/bin/dms/getdocument?mds=LzJdfoYrL7zlnxT8HWRv5Q%253D%253D&type=open
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๐Ÿ“ฒ Download my official Android app "Updates by CARJ" ๐Ÿ“š to stay connected with latest news and updates ๐Ÿ“


Thanks for reading

Wednesday, 1 December 2021

1 December 2021 Updates

⚫The net direct tax collection grew nearly 68% during April 1 to November 23 to more than Rs 6.92 lakh crore.
⚫Investments worth Rs 91,000 crore will be made for developing existing and new airports in different parts of the country, as several measures are being taken to boost the civil aviation sector.
⚫India's economic recovery strengthened in the July-Sept quarter, helped by a pick-up in consumer spending, though the spread of the Omicron coronavirus variant raised fears for the future. The economy has been seeing a rebound from last year's deep slump, boosted by rising vaccination rates and a pick-up in Govt spending.
⚫Nearly 33% of India's medical devices capacity lying unused. Industry faces stiff competition from China as imports from country rise 75% in FY21.
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⚫India economy remained on track to post the fastest growth among major economies this year as its GDP expanded by a better than expected 8.4% in the July-Sept quarter to cross pre pandemic levels.
⚫Financial markets fell sharply after the head of drugmaker Moderna said existing COVID-19 vaccines would be less effective against the Omicron variant. Stocks across the globe shed 1.39% a day after broad declines in Europe and Asia.
⚫The Govt’s fiscal deficit for the April-Oct period came in at Rs 5.47 trillion or 36.3% of the Budget estimates. In the corresponding period last year, the country’s fiscal deficit was 119.7%.
⚫The Govt asked states to ramp up testing for Covid-19 and monitor home-quarantined international passengers, responding to a new variant of the virus called Omicron. It extended the nationwide Covid-19 containment measures till December 31. 

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⚫Govt working on new legal framework on tech, internet: MoS IT. The digitalisation of the govt and public services is going to be "rapid" and soon to be unveiled. Digital India 2.0 will seek to accelerate on the gains made over the past few years.
⚫The volatility in the Indian equity markets has led to a slowdown in mobilisation by equity funds, with inflows trending downward in the past few months as lump-sum investors have stayed away due to lofty valuations.
⚫Govt to amend banking laws to facilitate privatisation of two PSU banks.
⚫The Centre asked states and UT's to conduct rigorous screening and testing of all international travellers coming from or transiting through South Africa, Hong Kong and Botswana, where a new Covid-19 variant of serious public health implications has been reported.

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⚫The discovery of a new Coronavirus variant named Omicron triggered global alarm as countries rushed to suspend travel from southern Africa and stock markets on both sides of the Atlantic suffered their biggest falls in more than a year. The WHO said Omicron may spread more quickly than other forms, and preliminary evidence suggested there is an increased risk of reinfection.
⚫RBI stance signals easier framework for setting up banks, say experts. The RBI is yet to clearly spell out its position on conversion of NBFC's into banks.
⚫Blow to consumers as India's leading FMCG companies hike prices again by 5-10% across its product portfolio in this quarter.

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✅ New improved  GSTR-1/ IFF

GSTN issued advisory on 26/11/21 regarding revamped & enhanced version of GSTR-1/IFF is being made available on the GST Portal to improve the taxpayer experience

https://www.gst.gov.in/newsandupdates/read/513

✅ CBDT clarification for TDS/TCS u/s 194-O, 194Q & 206C(1H)

The CBDT vide Circular No. 20 dated 25/11/21  clarified that if the component of VAT, sales tax, excise duty, CST, GST, etc., have been indicated separately in the invoice, then TDS under section 194Q is to be deducted without including such indirect taxes and no TDS on sale through e auction

https://www.incometaxindia.gov.in/pages/communications/circulars.aspx

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⚫Britain, Germany and Italy detected cases of the new omicron coronavirus variant on Saturday, while more nations imposed restrictions on travel from southern Africa.
⚫The Farm Laws Repeal Bill, 2021 has been listed for introduction and passage in Lok Sabha on the first day of the Winter Session of Parliament on Monday. The ruling BJP and main opposition party Congress have issued whips to their MPs to be present on the day.
⚫Indian OMC's are unlikely to provide immediate relief to consumers from high petrol and diesel prices. 
⚫Samples of two South African nationals in Bengaluru have been sent for further tests after the individuals tested positive for the coronavirus.

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⚫PM said India is leading the world in this field with more than 70 start-ups having crossed the valuation of USD 1 billion.
⚫International passengers to India must give 14 days' travel history and upload negative Covid test results, the Govt, revising its guidelines for, a new variant of Covid-19.
⚫Centre's expenditure budget for FY22-23 likely to remain flat. The fiscal deficit of the Union Budget for FY23 could stay around 6.8%, the same as expected for FY22.
⚫Parliament meets Monday for its Winter Session when the Govt will move a Bill to withdraw the three farm laws and the Opposition plans to seek debate on the Pegasus spyware, the economy, the women’s reservation bill and other issues.

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๐Ÿ”ฎ Ethics of the Day๐Ÿ•ต๐Ÿป

๐Ÿต️ FAQ : Whether a Chartered Accountant in practice can give public interviews and also whether he can furnish details about himself or his firm in such interviews? 
๐Ÿ‘‰ Ans :As per paragraph 2.14.1.6(iv)O under Clause (6) of Part I of the First Schedule to the Act, appearing in Volume-II of Code of Ethics, a Chartered Accountant in practice can give public interviews. While doing so, due care should be taken to ensure that such interviews or details about the members or their firms are not given in a manner highlighting their professional attainments, Any detail which is given must, in addition to meeting above requirements, be given only as a response to specific question , and of factual nature only.

๐Ÿต️ FAQ: Whether a member can appear on television, films, internet and broadcast in the Radio or give lectures at forums?
๐Ÿ‘‰ Ans : Yes, Council direction under Paragraph 2.14.1.7(x) under Clause (7) of Part I of the First Schedule to the Act, as appearing in Volume-II of Code of Ethics prescribes that a member may appear on television, films and internet and agree to broadcast in the Radio or give lectures at forums and may give his name and describe himself as chartered accountant. Special qualifications or specialized knowledge directly relevant to the subject matter of the programme may also be given. Firm name may also be mentioned, however, any exaggerated claim or any kind of comparison is not permissible.. What he may say or write must not be promotional of him or his firm but must be an objective professional view of the topic under consideration.

๐Ÿต️ FAQ: A Chartered Accountant in practice during a TV interview, handed over a bio-data of his firm to the Chairperson. Such bio-data detailed the standing of the international firm with which the firm was associated. It also detailed the achievements of the concerned partner and his recognition as an expert in the field of taxation in the country. The chairperson read out the said bio-data during the interview. Is it a professional misconduct? 
๐Ÿ‘‰ Ans :Yes, Clause (6) of Part I of the First Schedule to the Act prohibits solicitation of client or professional work either directly or indirectly by circular, advertisement, personal communication or interview or by any other means since it shall constitute professional misconduct. The member would be held guilty of professional misconduct under Clause (6) of Part I of the First Schedule to the Act under the given circumstances. 

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๐Ÿ”ฎ Ethics of the Day๐Ÿ•ต๐Ÿป

๐Ÿต️ FAQ : Whether an auditor is required to provide to the client or to main auditor of the Head Office of the same enterprise access to his audit working papers? 
๐Ÿ‘‰ Ans :No, working papers are the property of an auditor. An auditor is not required to provide the client access to his audit working papers. The main auditors of an enterprise do not have right of access to the audit working papers of the branch auditors. The auditor, may at his discretion, in cases considered appropriate by him, make portions of, or extracts from his working papers available to the client.

๐Ÿต️ FAQ: Whether Joint Auditors can demand the working papers of one another?
๐Ÿ‘‰ Ans :No, the working papers are the property of an auditor. Therefore, no Joint Auditor can demand the working papers of the other auditor. 

๐Ÿต️ FAQ: Whether a joint auditor will be responsible for the work done by other joint auditor? 
๐Ÿ‘‰ Ans :The Council direction under Paragraph 2.15.1.2(ii) under Clause (2) of Part I of the Second Schedule to the Act, appearing in Volume II of the Code of Ethics, prescribes that in respect of audit work divided among the joint auditors, each joint auditor is responsible only for the work allocated to him including proper execution of the audit procedures. However, on the other hand, all the joint auditors are jointly and severally responsible for the work which is not inter-se divided among the auditors.
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๐ŸŒบ Extension of Last Date for Updation of UDINs at e-filing Portal

๐ŸŽฏ Dear Professional Colleague,

๐ŸŒด The CBDT has extended the last date for updating UDINs for all the IT forms at the e-filing portal to 31st January, 2022.

๐Ÿ‘‰ For any clarification, please write at udin@icai.in.

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 ๐Ÿ”ฎ Ethics of the Day๐Ÿ•ต๐Ÿป

๐Ÿต️ FAQ : Whether a Chartered Accountant in practice can use expression like Income Tax Consultant, Cost Accountant, Company Secretary, Cost Consultant or a Management Consultant? 
๐Ÿ‘‰ Ans :No, Council direction under Paragraph 2.14.1.7(ii) of Clause (7) of Part I of the First Schedule to the Act, appearing in Volume II of the Code of Ethics prescribes that it is improper for a Chartered Accountant to state on his professional documents that he is an Income-tax Consultant, Cost Accountant, Company Secretary, Cost Consultant or a Management Consultant 

๐Ÿต️ FAQ: Can a Chartered Accountant in practice give the date of setting up the practice or date of establishment on the letterheads and other professional documents, etc.?
๐Ÿ‘‰ Ans : No,Council direction under Paragraph 2.14.1.7(iv) of Clause (7) of Part I of the First Schedule to the Act, appearing in Volume-II of Code of Ethics prescribes that the date of setting up of the firm on the letterheads and the professional documents, etc. should not be mentioned. However, in the Website, the year of establishment can be given.

๐Ÿต️ FAQ: Can a Chartered Accountant in practice also practice as an Advocate? 
๐Ÿ‘‰ Ans :Yes, Council direction under Paragraph 2.14.1.7(v) under Clause (7) of Part I of the First Schedule to the Act , appearing in Volume-II of Code of Ethics prescribes that a Chartered Accountant in practice who is otherwise eligible may practice as an Advocate subject to the permission of the Bar Council but in such cases, he should not use designation 'Chartered Accountant' in respect of the matters involving the practice as an Advocate. In respect of other matters he should use the designation 'Chartered Accountant' but he should not use the designation 'Chartered Accountant' and 'Advocate' simultaneously.
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