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Cus - Export of non-basmati rice - Notification 20/2023 insofar as it denies the benefit of the transitional arrangement as contained in para-1.05 of the FTP 2023, is bad in law: HCCus - Refund of SAD - 102/2007-Cus - Areca Nut and Supari are one and the same - Objections with regard to name, nature and status of importer or buyers or the end use of goods purchased by them etc. are extraneous: HCCX - Interest on Refund - Since wrong order annexed by petitioner in paper book, Bench is unable to proceed further - Petition is dismissed with liberty to file a fresh one: HCGST - No E-way bill - When petitioner imports machinery and after Customs clearance, transports same to his own factory, it cannot be said that such a transportation would fall within the definition of term 'supply' - Penalty imposable under second limb of s.129(1)(a): HCGST - Fix responsibility on officers who allowed BG to lapse - Petitioner not justified in not renewing BG - Cost of Rs.15 lacs imposed, to be paid to PM Cares Fund: HCGST - Since the parties agree that petition can be disposed of on the basis of records available before Appellate Authority, petitioner is directed to enclose all documents filed before Appellate Authority in a compilation, in form of a paper book: HCWrong RoadST - Whether any service is used for personal consumption or not is certainly question of fact and being question of fact, no substantial question of law arises: HCGovt proposes to amend Geographical Indication of Goods Rules; Draft issued for feedbackST - If what has been paid as tax is without authority of law, Revenue should refund the same - Denial of credit would result in the whole exercise being tax neutral: HCWarehousing Authority notifies several agri goods to be stored in only registered warehousesST - Even if the petitioner may have a case on merits, it is best left to be decided by the Appellate Authority under the hierarchy prescribed under the FA, 1994: HCUS FDA okays Eli Lilly Alzheimer’s drugGST - Petitioner challenges jurisdiction of assessing officer - Petitioner is entitled to file an appeal u/s 107 by availing an alternate efficacious remedy: HCFive from Telangana killed in car accident on Pune-Solapur HighwayGST - Existence of an alternative remedy is a material consideration but not a bar to the exercise of jurisdiction: HCHush money case against Donald Trump - Sentencing deferred to Sept 18GST - It is open to a trader to take goods by whichever route he opts, unless the law otherwise requires, destination point being intact: HCDeadly hurricane Beryl smashes properties in JamaicaGST - Conclusion that taxable person is providing a service to supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier is ex facie erroneous and contrary to the fundamental tenets of GST law: HCIsrael claims 900 militants killed in Rafah since May monthGST - Order expressly records that personal hearing notice was returned with endorsement 'no such person at address' - Since petitioner has shifted to a new premises, it is just and necessary to provide an opportunity to contest demand: HC116 die in stampede at UP ’Satsang’I-T- Application for revision of order dismissed in limine on grounds of delay; case remanded for re-consideration: HCWe are deepening economic ties with India, says US officialI-T- As per Section 119(2)(b), power to condone applications relate to claims for amount exceeding Rs 50 lakhs are to be considered by CBDT; however it is impermissible for CBDT to pass order on merits: HC8 Dutch engineers build world’s longest bicycle - 180 feet, 11 inchesI-T- Additions framed u/s 68 for unexplained income & u/s 69 for unexplained expenditure not tenable where complete transactional details are furnished & not doubted: HCRailways earns Rs 14798 Crore from Freight loading in June monthI-T- Delay in filing ITR is per se insufficient reason to estimate assessee's profit @15% on turnover, more so where audited financial report is filed in timely manner: ITATMoD inks MoU to set up testing facilities in Unmanned Aerial System in TN Defence Industrial CorridorI-T- For invoking section 69A, assessee should be found to be owner of any money, bullion, jewellery or other valuable article & which is not recorded in the books of account: ITATGovt proposes Guidelines for ethical approach to Coal MiningI-T- TDS credit can be allowed based on AIS, where details pertaining to TDS, advance tax & other payments are reflected in Form 26AS: ITATVaishnaw to inaugurate Global IndiaAI Summit 2024I-T- Lending money with the primary intention of earning interest can be considered a business activity, but nature and manner of lending, as well as the frequency, should be taken into account: ITAT
 
CBDT, GST Council need to extend due dates for Corporate tax return filing & GSTR-2

By TIOL News Service

NEW DELHI, OCT 29, 2017: OCTOBER 31 is the deadline for filing GSTR-2 but the Infosys-cushioned GSTN is not able to support the taxpayers. Too many errors have been reported by taxpayers from all over the country. As a result, a large number have not been able to file it. Those who have done it, are not sure of whether they have done it right.

After concluding the third meeting on GSTN-related issues, the Sushil Modi-headed Panel said that about 12 lakh GSTR-2 have been filed so far but experts believe that a good number of these filed GSTR-2 would have serious error which would cost the taxpayers heavily and may be detected later. Ideally, experts believe that the GSTN should also provide a step-wise guidance note online when one opts to file GSTR-2 so that the scope of error is reduced. Some sort of FAQ should also be provided on the screen based on the errors reported so far.

In this background, it is high time the GIC extends the date for filing GSTR-2 which is clashing with the deadline for filing corporate tax returns and the professionals are feeling hugely squeezed. The GST Council and the CBDT both need to give more time to professionals by extending the due dates by at least 15 days. With the CBDT amending the tax audit format and the GSTN still struggling with the GSTR-2 errors, the days ahead are going to be more challenging for the taxpayers and professionals.

Meanwhile, after concluding the third review meeting, Mr Sushil Modi told the mediapersons that 47 functionalities of the GSTN were prioritised with Oct 30 as the deadline and the Infosys has completed 27 of them so far. Out of the 27, the GSTN has operationalised 18 of them. He said the Infosys has deployed workforce of over 100 personnel and has been directed to put its best men on the job to meet the deadline.

He also informed that for the month of July, the total GSTR-3B was 56 lakh; for August it was 53 lakh and for September it is about 46 lakh. The GSTR-1 for July was about 47 lakh but only about 12 lakh GSTR-2 has been filed. He also hinted that about 10 lakh dealers are required to file NIL returns. Since they have no tax liability they have not done it but they are required by the law to file the returns.

TIOL Observation: The Union Finance Minister needs to take a taxpayer-friendly decision to extend the due dates for both the corporate tax return-filing as well as GSTR-2. Professionals need not be forced to burn midnight oil and maker errors in order to meet the unrealistic deadlines.


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