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US Nurse convicted of killing 17 patients - 700 yrs of jail-term awardedGST - 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 AmethiGST -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 - 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): ITATGirl students advised by Pak college to keep away from political events
 
Provisions relating to GST Council to come into force from Monday; RS speeds up preparations and selection of officials required for Council; Constitution of Council to be notified within 60 days from Sept 12

By TIOL News Service

NEW DELHI, SEPT 11, 2016: IN a rapid-fire development the Union Ministry of Finance has notified the provisions relating to constitution of the much-awaited GST Council with effect from Monday. The notification issued yesterday brings into force Section 12 of the Constitution Act, 2016 which means the clock for maximum period of 60 days allowed for notifying the GST Counil will start ticking from Monday. As per the provisions, the President of India will notify the constitution of the GST Counil within 60 days from the date on which the provisions of the Act come into froce.

This is the second speedy development after the President of India granted his assent to the 122nd Constitution Amendment Bill on September 8, 2016.

These quick initiatives need to be seen and analysed in the background of what the Union Finance Minister, Mr Arun Jaitley, said the other day in the context of GST roll-out from April 1, 2017 - "We are running against time."

Senior officials in the MoF say that the Centre is too keen to give a serious TRY to meet the April 1 deadline but a lot would depend on other federal partners. Whether States are also equally comfortable with this deadline or only the Centre wants to pull it off.

Going by the ground realities, it may be noted that a good number of States are yet to ratify the GST Bill. Although their ratification after a couple of weeks may be a significant event of irrelevance but from the GST Council's perspective it is important to take them on board to pursue the politics of consensus democracy.

Now that the provisions relating to GST Council will officially come into force from Monday, what it immediately needs are an independent building on loan basis (may build and own its own building later); a Secretary General, some Joint Secretaries, Directors, Under Secretaries, Technical Officers and other support staff. TIOL has come to know that Dr Hasmukh Adhia himself has expedited the work on this front and has begun to interact with officers willing to 'shift' to a new ship.

Since GST Council would require its own sets of rules and procedures to conduct its business, the Centre badly needs to stitch together a working team which can do the necessary work, including the polishing of some rudimentary works done so far. For the first meeting of the GST Council to happen, all these rules have to be put in place at the earliest.

(See MoF Notification notifying provisions relating to GST Council)


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