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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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Update on Foreign Trade Policy 2015-20 and Handbook of Procedures 2015-20 - 009/2020-21

Update on Foreign Trade Policy 2015-20 and Handbook of Procedures 2015-20 - 009/2020-21
Update on Foreign Trade Policy 2015-20 and Handbook of Procedures 2015-20
 
The Central Govt. has made following changes, with immediate effect in respect of Foreign Trade Policy 2015-20 vide notification no. 57/2015-2020 dated 31st March, 2020 and public Notice no. 67/2015-2020 dated 31.03.2020:-
  1. Foreign Trade Policy and Handbook of procedures 2015-20- Existing Foreign Trade Policy 2015-20 and Handbook of Procedures 2015-20 shall continue till 31st March 2021. The FTP 2015-2020 w.e.f. 05.12.2017 incorporating was earlier valid  up to 31st March, 2020, unless otherwise specified
 
  1. SEIS Scheme(Service Exports from India Scheme)
  2. DGFT has extended the last date of filing application for SEIS for the F.Y. 2018-19 to 31-12-2020.
  3. SEIS Scheme shall be in force for FY 2019-20 as well. However, services which would be covered under SEIS scheme for the said period shall be notified by government.
  4. Decision regarding whether to continue the SEIS scheme for FY 20-21 shall be taken by the Government later and notified accordingly.
 
  1. Advance Authorisation
  2. The exemption from payment of IGST and compensation cess in case of import against advance authorisation for physical exports has been extended for 1 year i.e. till 31.03.2021.
  3. Moreover, Validity period for making imports under various duty free import authorizations (AA/DFIA/EPCG)  and export obligations expiring between 01.02.2020 and 31.07.2020, has been allowed automatic extension for another six months from the date of expiry, without requirement of obtaining such endorsement on these authorizations.
  4. Last date for filing Replenishment Authorisation Application extended by six month, if the last date of the same is falling between 01.02.2020 to 31.07.2020.
 
  1. DFIA
  2. Validity of DFIA (Including transferable DFIA) to be extended by six months, in case the same is getting expired between 01.02.2020 to31.07.2020.
 
  1. EPCG Scheme
  2. The exemption from payment of IGST and compensation cess in case of capital goods imported under EPCG Scheme for physical exports has been extended for 1 year i.e. till 31.03.2021
  3. Where the validity period for making import under this scheme or submission of installation certificate or export obligation period expires during 01.02.2020 to 31.07.2020, the same shall get automatically extended by 6 months.
  4. Whereever the period to make export is expiring between 01.02.2020 and 31.07.2020 under this scheme, automatic extension in the export obligation period is allowed for another six months from the date of expiry, without payment of any composition fee
 
  1. EOU/ EHTP/STP/BTP
  2. The imports and/ or procurement from bonded warehouse in DTA or from international exhibition held in India shall be allowed without payment of duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 and additional duty, if any, leviable thereon under Section 3(1), 3(3) and 3(5) of the said Customs Tariff Act, Integrated tax and compensation cess leviable thereon under section 3(7) and 3(9) of the Customs Tariff Act, 1975 and such exemptions would be available upto 31.03.2021.
  3.  LOP/ LOI whose validity expires on or after 01.03.2020 shall be deemed to be valid upto 31.12.2020.
  4. Export Obligation Period for certain commodities under para 6.06(c) of HoP, in case expires between 1-3-2020 to 30-6-2020, it would be deemed to be valid up to 30-9-2020.
  5. QPR for quarter ending March, 2020 and June, 2020 & APR for Financial Year 2019-20 can now be filed till 30-9-2020.
 
  1. MEIS
  2. Exports for which Let Export Order (LEO) date is between 1-2-2019 and 31-5-2019, the applications can be filed within 15 months from LEO date, instead of 12 months.
 
  1. RoSCTL Scheme-
a. Last date for filing RoSCTL (Rebate of State and Central Levies and Taxes) application for shipping bills having LEO date from 7-3-2019 to 31-12-2019, has been extended from 30-6-2020 to 31-12-2020.
 
  1. DFIA Scheme
a. All DFIAs (including transferable DFIAs), where the validity for import is expiring between 1-2-2020 to 31-7-2020, the validity stands extended by six months from the date of expiry.
 
  1. Miscellaneous
  2. Under the Import of branded jewellery and precious metals & Re-export Scheme, and Exports against Supply by Foreign Buyer, in case the last date for export falls between 1-2-2020 to 31-7-2020, the same will get extended by 6 months. However, relaxation in repatriation of sale proceeds/Forex realisation period in case of export of branded jewellery and precious metal as provided in Para 4.80 and 4.85A of HBP 2015-20 would be equal to period as allowed plus six months, or subject to RBI guidelines, whichever is less.
  3. Date of filing of applications for TED Refund/ Drawback extended upto 30.09.2020, in case it falls on after 01.03.2020.
  4. Validity of Status holder certificate has been extended up to 31-3-2021.
  5. Application for claiming benefits under the Transport and Marketing Assistance for Specified Agriculture Products Scheme for the quarter ending 31-3-2019 and 30-6-2019 can be filed till 30-9-2020.
  6. Late cut fee under para 9.02 must only be imposed on application filed after expiry of due date prescribed under the PN 67/2015-20 dated 31-3-2020.
 This is solely for educaational purpose.

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