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GST - Payment of pre-deposit through Form GST DRC-03 instead of the prescribed Form APL-01 - Petitioner attributes it to technical glitches - Respondent is the proper authority to decide the question of fact: HC2nd Session of India-Nigeria Joint Trade Committee held in AbujaGST - Since SCN is bereft of any details and suffers from infirmities that go to the root of the cause, SCN is quashed and set aside: HC1717 candidates to contest elections in phase 4 of Lok Sabha ElectionsGST - Once Appellate Authority comes to the conclusion that SCN was issued by an officer who was not competent; reply was also considered by an incompetent authority and the Competent Authority had not applied its independent mind, Appellate Authority could not have assumed original jurisdiction and proceeded further with the matter: HC7th India-Indonesia Joint Defence Cooperation Committee meeting held in New DelhiGST - Neither the Show Cause Notice nor the order spell out the reasons for retrospective cancellation of registration, therefore, the same cannot be sustained: HCMining sector registers record production in FY 2023-24GST - If the proper officer was of the view that the reply is unclear and unsatisfactory, he could have sought further details by providing such opportunity - Having failed to do so, order cannot be sustained - Matter remanded: HCAnother quake of 6.0 magnitude rocks Philippines; No damage reported so farI-T - Initial burden of proof rested on assessee to substantiate his claim of having incurred expenditure on improvement of property: ITATTrade ban: Israel hits back against Turkey with counter-measuresI-T - Agricultural income can be treated by ITO as undisclosed income in absence of any substantial / corroborative material to prove same: ITATCanada arrests three persons in alleged killing of Sikh separatistI-T - Income from sale of property has to be classified & characterised only in manner of computation as per section 45(2): ITATCus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
What can Audit do after the mission has failed?

TIOL-DDT 206
21 09 2005
Wednesday

It was the scientist President speaking bytes of his mind to traditional AGs yesterday. The missile expert that he is, he fired a few at the prim and papered (no I don’t mean, pampered) Generals of Audit at their annual conference. Citing from his missile experience, he said, “the missile successfully reaches the target with the partnership of guidance and control system which is able to foresee the deviation and error and provide continuous correction. If the correction is provided after the event is over, you can see that the mission will not succeed. Similarly, if the auditors audit after the event is over or the mission is completed they will see many deviations but they are too late to correct. I am sure you can realize the importance of providing online corrections to the deviations”

In one of his best speeches which must have been just lost on the AGs, the President asked questions, wondered loud, suggested measures and patted the CAG for the great job. Here some quotable quotes.

Can the auditors become like partners in a partnership firm? I am sure this is possible since both the executives and the audit are working for the common cause i.e. delivery of good governance to the citizens

• In the world of computers, software developers use the process control mechanism which ensures that the software developed, is nearly bug free and the programmer is almost prevented from making mistakes. CAG can perform the same role by developing process controls, guidelines and checks for auditing in the IT environment so that the irregularities will not enter into the financial management of government and public sector institutions.

• Today in our computerization attempts the paper trail is still maintained for fear of mistrust and untested authentication mechanisms in the world of computers. Hence computerization has nearly become an act of impediment and we merely enter the paper transactions on the computers. This has to be changed in such a way that the transactions are born digital and automatically captured; we should spend more time on thinking rather than data entry

• While the advantages of speed and efficiency can not be questioned, the frauds are also equally possible.

• The money can be transferred at blinding speeds and often without an acknowledgement or a trace. (He should know – a smart clerk in the State Bank of India simply withdrew a lakh of rupees from Mr. Kalam’s dormant account and it was with the interference of Prime Minister Vajpayee that he got his money back)

• Sooner or later, we will see an accounting in a borderless world.

• The aim of the audit should be to detect the deviations in near real time when the project is in progress and provide constructive solutions so that the objective of the project is met well in time.

• CAG may consider creation and maintenance of a centralized national asset register. The salient features of the asset can be put on the website for public awareness. Periodically the status of the asset may be reviewed and updated since CAG is the custodian of national wealth. This is indeed a big mission and challenge.

• Audit should be sensitive to the fact that E-commerce and a borderless world would soon be a reality.

• Auditing in the modern sense is a quality assurance phenomenon. It has to move from the conventional quality control mechanism to quality assurance of institutions through the establishment of internal controls and self-controls

Audit has to be proactive and alert the system before occurrence of low performance.

• Apart from the planned audit CAG teams must be observant and be able to detect areas of immediate national concern and find urgent solutions through timely intervention.

The 80 – 20 phenomenon

• 20 percent of your sales force produce 80 percent of revenues
• 20 percent of your products account for 80 percent of product sales
• 80 percent of your visitors see only 20 percent of your Web site pages
• 80 percent of delays arise from 20 percent of the possible causes of delay
• 80 percent of customer complaints arise from 20 percent of your products or services
• 80 percent of complaints come from 20 percent of the employees
• 20 percent of you stock takes up 80 percent of your warehouse space
• 20 percent of your staff will cause 80 percent of your problems
• 20 percent of your staff will provide 80 percent of your production

And now Government has realized that 90% of the revenue comes from 10% of the assessees and may be 10% of your staff is responsible for this 90% revenue. Then do you need the rest of 90% of the staff and shouldn’t you pay this 10% a fat salary?

See our special column today for an interesting analysis of the LTU scene with reference to the 80 – 20 phenomenon.

Import of metallic scrap – only shredded scrap from Bandar Abbas, Iran

DGFT has amended the HOP and the Appendix-V to prescribe that only shredded scrap will be allowed import if the port of shipment is Bandar Abbas, Iran

DGFT PUBLIC NOTICE NO. 53/ 2004 –09, Dated: September 19, 2005

DGFT amends DEPB rates

DGFT has made amendments to the description value caps and rates of DEPB for certain commodities.

DGFT PUBLIC NOTICE NO. 54/ 2004 –09, Dated: September 19, 2005

Standard Input Output Norms (SION) - changes

DGFT has amended, deleted and added certain entries in the SION

DGFT PUBLIC NOTICE NO. 55/ 2004 –09, Dated: September 19, 2005

So long as authority inspires awe, confusion and absurdity enhance conservative tendencies in society. Firstly, because clear and logical thinking leads to accumulation of knowledge and the advance of knowledge sooner or later undermines the traditional order. Confused thinking, on the other hand, leads nowhere in particular and can be indulged indefinitely without producing any impact upon the world. --Stanislav Andreski,

Until tomorrow with more DDT

Have a nice day.

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vijaywrite@taxindiaonline.com

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