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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
 
CBIC brave fight against Covid-19

APRIL 27, 2020

By Anil Kumar Gupta, IRS

THE world is passing through difficult and testing times as it is in the grip of Corona virus Pandemic. It is facing the biggest Challenge of the Century after the Flu Pandemic of 1918-1920 which has shocked the very existence of humanity. The scale of the Challenge is such a mammoth that countries after country are forced to lockdown their country and quarantine the humans. It looks as if the wheels of the world have halted resulting in shutting of Economies.

India is not immune from this Covid-19 Pandemic. Lockdown may cost Rs. 8 Lakh Crores (USD 98). GDP growth is expected to dive to barely 1.9% in 2020, vis a vis 4.2% in 2019. Millions of workers have overnight become jobless. As per ILO, 40 crore Indians may sink into poverty. The World Health Organization (WHO) called India's response to the Corona Pandemic "Impressive". Despite being second most populated federal democratic country with more than 1.35 billion people having different cultures & religions India's decision to go for early lockdown and shut down all domestic and international flights on 23rd March, 2020, when the numbers of Corona positive cases were barely 500 hundred, has been appreciated worldwide specially WHO.

More than the policy decision, the enforcement and implementation of the lockdown in vast country threw many new challenges of ensuing home quarantine as well as supplies of essential food and vegetables, drugs and medicines as well as creation of and supplementing health infrastructure by making arrangements of isolation wards and Corona positive beds in the existing hospitals and other establishments. Central Board of Indirect Taxes & Customs (CBIC) stands hand in hand with Trade and Industry ensuring no supply disruptions and maintaining business continuity as India fight Covid-19.

Realizing to importance and efficiency of CBIC, the government inducted Chairman and two Members of CBIC in the 3 Important Empowered groups constituted vide MHA order dated 29th March, 2020 under the Disaster Management Act, 2005 for ensuring availability of essential medical equipments, facilitating supply chain and logistics management for availability of necessary items such as food and medicine and for coordinating with private sector, NGO's and International organizations for response related activities.

CBIC, with the dedicated force of 3500 IRS Officers (Indian Revenue Service) and staff of about 35000 rose to the occasion by not only ensuring smooth, swift and hassle free clearance of Import and Export Cargo at Ports, Air Cargo Stations and Land Customs Stations (LCS), but also facilitating faster passenger clearance of thousands of stranded people Indian as well as foreigner arriving and departing at various International airports. Officers and staff of Indian Customs helped in swift clearance of thousands of Indians brought by many Special planes from various countries observing precautions, Social distancing / Masks/Gloves thus following all the norms of proper safety without bothering for the risk involved in handling such passengers. Though Customs Officers have been taking due precautions in passengers and cargo clearances, but many staff/officers while ensuring speedy and swift clearance in Kerala & Mumbai have been infected and quarantined.

CBIC through the team of efficient workers is working day and night for bringing required changes in the Law as well as Rules and Procedure so as the ensure that there is not an iota of delay in clearance and movement essential landed cargo as well as export cargo. Some of such initiatives taken by CBIC during lockdown for relief of trade are -24*7 Customs clearance of EXIM cargo, waiver of late fee on delayed filling of bills of entry of Import consignments from COVID19 affected countries; for facilitation of work from home, computers and related accessories transferred to residence of STIPs; acceptance of documents and request via E-mail to avoid physical visit/contact; Extension in completion of proceeding and filling of Appeals till 30th June, 2020; Exemption of Basic Custom duty and Health Cess on Import of ventilators, face mask, surgical mask, personal protection equipments (PPE), COVID-19 kits etc till 30th Sept, 2020 (Vide Notification on 9th April, 2020).

Again on 14th April, CBIC decided to start electronic clearance i.e. electronic communication of PDF based final e-DOC(electronic Out of Charge) copy of Bill of Entry(BOE) and e-gate pass to Importers/Customs brokers. So that there is minimum Physical Contact and social-distancing is maintained. This is another feather in the cap of CBIC which has taken a series of steps to facilitate and expedite Customs Clearance process, making it more and more contactless as well as paperless to tackle the scourge of covid-19 Pandemic that has roiled export-import (EXIM) trade.

All this has facilitated in processing and clearance of 52000 Import consignment, 50000 Export consignment and delivery of 37000 courier shipments since lockdown, thus ensuring that wheels of supply chain managements kept rolling. Not only this, to support business continuity as India fights COVID-19, Customs have sanctioned 78000 IGST refunds involving Rs.2619 Crores and 134000 drawback claims involving Rs.602 Crores to the exporters providing them the much needed working capital during these days of lockdown since 25th March, 2020. CBIC is currently engaged in expediting the sanction of pending GST & Customs refund which would provide benefits to around 1 Lakh business entities including MSME amounting to Rs.18,000/- Crores approximately.

Though Customs clearance was mandated and included in the list of essential services issued by National Disaster Management Authority(NDMA) under Ministry of Home Affairs (MHA), yet GST was not included in essential services hence with the imposition of complete lockdown, the smooth working of GST was halted as GST locations became inaccessible to the officers and hence GST IT system could not be assessed by the CBIC GST officers. Without wasting any time, the entire CBIC team rose to the occasion, and ensured smooth operation by making IT system available for about 13,000 CBIC field offices pan India to facilitate work from home(WFH) on various GST business applications for processing of tax payers GST registration, returns, refunds etc. It is worth to mention that GSTN has so far enabled VPN access to about 1700 state tax officers only while CBIC has provided access to 13085 officers and that too without VPN. In this way CBIC has processed about 18,000 GST refund claims involving sanction of Rs.8200 Crores to the taxpayers in these testing times when every payment matters to the MSME sectors.

Government has also relaxed many provisions & Rules of GST providing relief to taxpayer by extending date of filing GSTR 3B, GST Annual Return for Financial Year 2018-19, date for opting for composition Scheme till 30th June 2020. No interest, late fee & Penalty would be charged from those tax payers with aggregate annual turnover of < than Rs.5 crores.

CBIC team has not only been innovating and introducing new measures to facilitate smooth & swift Customs clearance of EXIM trade as well as GST operations. In addition, officers and staff through various associations such as IRS Association, CENGO (Central Excise, Service Tax and Customs Gazetted Executive Officers), Action Group of Bangalore GST & Customs Zone, IRS woman officers in Mumbai have been doing yeomen services to the humanity in the fight against COVID-19 Pandemic by distributing free food packets, dry ration kits, medicines, PPEs, masks etc to the poor, weaker and needy persons as well as designated Hospitals across India. In addition officers and staff of the CBIC have voluntarily pledged to contribute Rs. 11.5 crores to PM Care Fund.

(The author is an IRS Officer of CBIC and is presently working as Principal Additional Director General, NACIN (National Academy of Customs, Indirect Taxes and Narcotics). The views expressed by the officer are his personal views.)

(DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the site)

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Sub: CBIC brave fight against Covid-19

A morale boosting article by one of the most distinguished officers of CBIC. A timely write-up.

Posted by NACIN NACIN
 
Sub: CBIC brave fight against Covid-19

A morale boosting article by one of the most distinguished officers of CBIC. A timely write-up.
Baljit Singh Khara

Posted by NACIN NACIN
 

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