Sunday, 20 March 2022

20 March 2022 Updates

⏺️ Master Circular - Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances Dated October 01, 2021

https://m.rbi.org.in//scripts/NotificationUser.aspx?Id=12171&Mode=0

⏺️ RBI issued one more clarification circular on IRAC norms pertaining to Advances - 
RBI/2021-2022/158
DOR.STR.REC.85/21.04.048/2021-22
February 15, 2022

https://m.rbi.org.in/Scripts/BS_CircularIndexDisplay.aspx

⏺️ ICAI Bank Audit Guidance Note 2022 edition including Relevant Master Circulars issued by RBI
https://www.icai.org/post/guidance-note-on-audit-of-banks-2022-edition
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Delhi Govt. issued guidelines for unblocking of ITC on expiry of 1 year from the date of blocking

1️⃣ The Department of Trade & Taxes, Government of N.C.T. of Delhi issued guidelines vide F.3(429)/GST/Policy/2022/1067-1072 dated March 08, 2022 regarding unblocking of ITC on expiry of one year from the date of blocking.

2️⃣ Rule 86A(3) stipulates that the ITC so blocked shall cease to have effect after the expiry of a period of one year from the date of blocking in case no action has been taken by the officers.

3️⃣ GSTN to introduce the functionality of automatically unblocking of such ITCs, which may result in such ITC becoming available to the taxpayers for utilisation.

4️⃣ An immediate field visit of all such GSTINs whose credit have been blocked, be conducted.

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👉 Online Examination of the 'Certificate Course on Indian Accounting Standards (Ind AS)' to be held on 24th April 2022 
https://resource.cdn.icai.org/69628asb100322.pdf

👉 Enhanced Registration application user interface (UI)
https://www.gst.gov.in/newsandupdates/read/530

👉 CBIC notified the foreign currency exchange rates for Imports and Exports
https://www.cbic.gov.in/resources//htdocs-cbec/customs/cs-act/notifications/notfns-2022/cs-nt2022/csnt10-2022.pdf

👉 Govt appoints ex-finance secretary Ajay Bhushan Pandey as NFRA chief for a period of three years.
https://www.news18.com/news/india/govt-appoints-ex-finance-secretary-ajay-bhushan-pandey-as-nfra-chief-4862378.html

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👉🏻CVC recommends Special CAG Audit of ICAI’s books
(The recommendations came after CVC was asked to examine complaints of alleged financial irregularities in the institute in the years 2019-20 and 2020-21)
👇🏻 👇🏻 👇🏻
https://bit.ly/3J8yc6O

👉🏻Prudential (IRAC) Norms on Advances and Clarifications in Bank Branch Audit
(NPA Identification & Classification as per IRAC Norms in Bank Branch Audit | Prudential (IRAC) Norms discussed by CA. Vivek Khurana)
👇🏻 👇🏻 👇🏻
https://youtu.be/t5CkgTRFxu0 

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📜Major MCA Update : DSc

Ministry Back with old Associate DSC option
MCA Associate DSC Link💡👇👇
https://www.mca.gov.in/mcafoportal/showAssociateDSC.do

✅ The CBIC issued Circular No.169/01/2022-GST dated March 12, 2022 regarding the amendment to Circular No. 31/05/2018-GST, dated February 09, 2018 on ‘Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”)* and under the Integrated Goods and Services Tax Act, 2017 *(“the IGST Act”)'.

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Some tips for current MCA Filing:

1. MCA site is crashing in Google Chrome
2. Please use internet explorer or Firefox
3. Associate DSC is working with few glitches
4. If any error is there please raise tickets immediately
5. In case challan problems - file form then go to track SRN and enter the SRN and download the challan copies - working fine in explorer and Firefox
6. Update Java and use latest version of emsigner/embridge
7. Please create additional Account for emergency purpose.
8. If unable to login in 2 attempts, wait for 20 minutes atleast and then login otherwise Id may get blocked for 2 hours.
9. Clear history, temp files on frequent basis.
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Income Tax dept reopening old tax assessments based on new algorithm tax assessments

Tax Assessments: Many people wait for their ITR refunds, the Income Tax Department has begun using an algorithm to reopen old assessment cases. The Income Tax Department is utilizing ‘INSIGHT,’ a platform that spits out the names of tax evaders after sifting through massive amounts of data.
 
Tax officials now take action based on the name generated by the platform, according to the new rule. Previously, tax officials reopened old tax assessments based on information that the assessee may have tried to conceal some income-related information.

The names are chosen at random. It’s possible that tax evasion took place four years ago, and already have evidence in the form of an income tax return. The INSIGHT system is also dependent on the information to be uploaded in order to throw up a name.

After being tipped by the algorithm, the I-T Department is required to send a preliminary notice to the concerned taxpayer under the newly created Section 148A of the I-T Act, informing him or her that his or her information has been flagged for a specific financial year. The system involves informing the assessee that their profile has been flagged as a “high-risk VRU (variable report upload)” under the “risk management system” by the Directorate of Income Tax (Systems), in accordance with the “risk management strategy” developed by the Central Board of Direct Taxes. After that, the taxpayer has one week to respond, after which the case will be automatically reopened.

If the new algorithm generates enough names, the I-T department can issue as many as 50,000 letters under section 148A in the Mumbai region alone, which accounts for 30% of all I-T collections.

Tax experts praised the move to give taxpayers a chance to explain themselves; they added that if the assessee responds satisfactorily, the case may not be reopened. Since, earlier cases were reopened without the taxpayer’s knowledge.
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⏺️Re-schedulement of Foundation Course Examination, May 2022 -
Starting date is now 24th June.

⏺️Employees' Provident Fund EPFO interest rate for 2021-22 slashed from 8.5% to 8.1%.

⏺️CBDT releases Detailed Circular regarding TDS and Income Tax Deduction on Salaries for AY 2021-22.

⏺️Master Circular - Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances Dated October 01, 2021
https://m.rbi.org.in//scripts/NotificationUser.aspx?Id=12171&Mode=0

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👉🏻Banks Board Bureau shortlists MDs for four public sector banks
(BBB has identified managing directors for four lenders – Union Bank of India, Indian Overseas Bank, Punjab & Sind Bank and State Bank of India)
👇🏻 👇🏻 👇🏻
https://bit.ly/3MUKodV
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The CBDT issued Order vide F. No. 187/3/2020-ITA -I dated March 17, 2022  under section 119 of Income-tax Act, 1961 (“the IT Act”) providing exclusions to section 144B of the IT Act.

In partial modification of Order under section 119 of the Income-tax Act, 1961 (the Act) by F.No.187/3/2020-ITA-1 dated March 31, 2021 as modified by orders of even number dated September 06 2021, September 22, 2021 and December 16, 2021, the Central Board of Direct Taxes (the Board) in exercise of powers under section 119 of the Act, hereby directs that in addition to the exceptions as provided in the said orders, the following exception is hereby added as under:

vi. Assessment orders in all cases for which the time limit for completion expires on  March 31, 2022 pending with the jurisdictional Assessing Officer as on March 15, 2022 or thereafter, which cannot be completed as per the procedure laid down under Section 144B of the Act due to technical procedural constraints in the given period of limitation.

Accordingly, the Board clarifies that assessment in cases at (vi) above shall be completed by the jurisdictional Assessing Officer.

The Board further reiterates that the exception at (vi) above is applicable only to the cases for which the time limit for completion expires on March 31, 2022.
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🌺 Relief for Taxpayers who have not filed Form 10-IC for AY 2020-21

👉CBDT has issued general circular condoning delay in filing form 10-IC for Asstt year 2020-21 to *claim concessional rate of tax of 22% under section 115BAA of the Act

👉Now this form can be filed up to 30.6.2022

👉Many companies though have opted for new lower rate of 22% tax in AY 2020-21 but has not filed this form which was statutory requirement to switch over to new rate. While processing return of AY 2020-21, huge demands were created as higher rate of 30% was applied in processing. This will be a big relief

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This is a very recent decision by Allahabad HC (DB) which elaborately discusses the meaning of issuance/electronic issuance of notice under Income Tax Act with reference to Information Technology Act, 2000. 

I found it interesting and relevant for GST also. The correct understanding of meaning of "issuance" might help assessee(s) to challenge the validity of notice on the ground of limitation.

Held that "the  point  of  time  when  a digitally  signed  notice  in  the  form  of  electronic  record  is  entered  in computer  resources  outside  the  control  of  the  originator  i.e.  the assessing  authority  that  shall  the  date  and  time  of  issuance  of  notice under  section 148 read with Section 149 of  the Income Tax Act, 1961. "
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👉 Circular 6/2022: CBDT condoned delay in filing Form 10-IC for AY 20-21 subject to conditions attached.
https://www.incometax.gov.in/iec/foportal/sites/default/files/2022-03/Click%20Here.pdf

 👉 Circular 5/2022: CBDT allowed filing of Form 3CF manually for limited period. 
https://www.incometax.gov.in/iec/foportal/sites/default/files/2022-03/Click%20Here_0.pdf

👉 Banks in India may face headwinds from Russia-Ukraine crisis: S&P
https://economictimes.indiatimes.com/industry/banking/finance/banking/banks-in-india-may-face-headwinds-from-russia-ukraine-crisis-sp/articleshow/90265065.cms

👉 Fewer EMI bounces point to drop in loan defaults
https://economictimes.indiatimes.com/industry/banking/finance/banking/fewer-emi-bounces-point-to-drop-in-loan-defaults/articleshow/90283489.cms
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Tuesday, 8 March 2022

8 March 2022 Updates

No capital gain if the developer was allowed to enter property for mere construction under Joint Development Agreement. Case Name : Anugraha Shelters (P) Ltd. Vs DCIT (ITAT Bangalore) Appeal Number : ITA No. 2314/Bang/2016.

Income Tax: Market Rent is not Sole Yardstick to treat rent inadequate to invoke the deeming provision of Section 13(2)(b) held by Delhi High court in the case of Commissioner of Income-tax Vs. Hamdard National Foundation (India). 

The Ministry of Corporate Affairs has directed Registrars of Companies and Regional Directors to enter all complaints received against companies and LLPs in the ministry’s electronic registry. Once the details are entered in the electronic registry MCA21, then a Service Request Number (SRN) is generated for the particular complaint and going forward, the same will be used in all communications related to that case. 

DGFT issued Trade Notice No. 36/2021-2022 dated February 25, 2022 regarding helpdesk for Russia-Ukraine related operationalised support and seek suitable resolutions to the issues related to India’s International Trade.

Export-Import community may submit details of their issues on the DGFT website, on which support is required, using the following steps–

Navigate to the DGFT Website (https://dgft.gov.in) — > Services — > DGFT Helpdesk Service

‘Create New Request’ and select the Category as ‘Russia-Ukraine’

Alternatively, send issues directly over email to: dgftedi@nic.in with the subject header: ‘Russia-Ukraine Trade Helpdesk’, or call the Toll-Free No at 1800-111-550. 

The Union Cabinet  cleared an amendment to the FDI Policy to allow foreign direct investment (FDI) up to 20 per cent under the “automatic route” in the state-owned LIC. This comes ahead of its proposed initial public offer (IPO), which is expected to be the largest in the Indian capital markets so far.

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GST Case Laws Updates

1️⃣ GUJARAT HIGH COURT in the case of Sreejith K vs. State of Gujarat direct the respondent to release the goods as well as the conveyance at the earliest. If the Department wants to proceed further with the inquiry, it may do so in accordance with law.

2️⃣ DELHI HIGH COURT in the case of Antia Agarwal vs. Assistant Commissioner CGST & Ors. The Petitioner seeks a direction to quash the order rejecting refund claims on ground that the refund claims are inadmissible as the same are time-barred in terms of Section 54(1) of the CGST Act, 2017.

3️⃣ CALCUTTA HIGH COURT in the case of P. Bhogilal Pvt. Ltd. Vs. Union of India & Ors. The petitioner is making prayer for relief/direction upon the respondent concerned to allow filing of declaration in form GST TRAN-1, to enable it to take in his electronic credit ledger, the transitional credit. Petitioner also submits that the Credit could not be availed as prescribed in law because of technical problem to upload such date on his GST portal. Liberty is granted to the petitioner/assessee to file individual transitional tax credit in GSTR-3B Forms for the month of February, 2022 which is to be filed in the month of March, 2022 and the concerned authority/Assessing Officer would be at liberty to verify the genuineness of such claim.

4️⃣ ALLAHABAD HIGH COURT in the case of Kuldeep Sing vs. State of U.P. and 4 others. The Court would like to know as to why action could not have been taken under Section 161 when there was definitely an error which was apparently there, namely, the details of the owners which were produced by the drivers were different from the details available on the GST portal.
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⏺️ GST: Google Location need to enter for exact location of premises while doing registration and it's related amendment on GST portal.

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Note 1: Not Opting for QRMP Scheme- Due Date for filling GSTR - 3B with Annual Turnover up to 5 Crore in State 1 Group (Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu, and Dadra & Nagar Haveli, Puducherry, Andaman, and Nicobar Islands, Lakshadweep).

Note 2: Not Opting for QRMP Scheme- Due Date for filling GSTR - 3B with Annual Turnover up to 5 Crore in State 2 Group (Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi).
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👉🏻CBIC cautions against sharing Aadhaar, PAN details without valid reasons
(CBIC cautioned the public and said that the information could be misused by fraudsters for GST evasion)
👇🏻 👇🏻 👇🏻
https://bit.ly/3CcpqSM
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⏺️CBIC has enabled the facility to Taxpayers to check the eligibility of E-Invoice on GST Portal. 

⏺️The CBIC had notified the reduction in the Applicability of GST E-invoicing threshold from Rs.50 Crores to Rs.20 Crores with effect from April 1, 2022.

⏺️ ICAI clarified that CAs in Practice/Firms of CAs permitted to register on GeM Portal for rendering professional services https://www.icai.org/post/clarification-ca-in-practice-firms-of-ca-registering-gemportal

⏺️Employee PF/ESI contribution before ITR filing eligible for income tax deduction: ITAT 

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Limited Liability Partnership (Second Amendment) Rules, 2022
https://www.mca.gov.in/bin/dms/getdocument?mds=iorXjBHYBr94XltGw2NNBA%253D%253D&type=open

Now, as part of MCA V3 initiative, LLP related compliances will have below major changes:

1. There can be 5 Desiganted partners (without having DIN) at the time of Incorporation. (Earlier 2 was allowed)

2. LLP Formation Process became web based Just like the SPICE Forms for Company formation. Further, now Latitude and longitude is compulsory to mention in Address block.

3. Directors Details can be fetched from Digi Locker Database.

4. PAN TAN of LLP will be available along with LLP Incorporation (Earlier same were to be applied saperately)

5. All Forms of LLP now became web based.

6. Each and every change in LLP Deed will have to be marked in Form 3 with precise information. (Earlier just deed was to be attached)

7. Form 8 (Statement of Solvency and Annual Return) to specifically include Contingent Liability reporting.

8. Web Based Form 9 Consent of Partners is available (earlier offline format was to be signed). Resultantly, all Designated Partners Digital Signatures will be required at the time of Incorporation of LLP, earlier only 1 DSC of any one DP was required.

9. Form 11, Penalties and Compunding of offences to report now.

10. Just like AOC-5 (In case of Companies), place of maintenance of Accounts, Form 12 in case of LLP, Place other than Registered office of LLP where service of notice can be made is notified.
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👉 CBIC notifies the Shipping Bill (Post export conversion in relation to instrument based scheme) Regulations, 2022
https://www.cbic.gov.in/resources//htdocs-cbec/customs/cs-act/notifications/notfns-2022/cs-nt2022/csnt11-2022.pdf

👉 Clarification with regard to Chartered Accountants in Practice/Firms of Chartered Accountants registering themselves on GeM (Government e- marketplace) Portal
https://www.icai.org/post/clarification-ca-in-practice-firms-of-ca-registering-gemportal

👉 Huge Cash Found During Tax Raids At Tamil Nadu Warehouse
https://www.ndtv.com/tamil-nadu-news/lok-sabha-election-huge-cash-found-from-dmks-duraimurugans-sons-associates-warehouse-2015946


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