News Update

Tax rate reduced w.e.f January 2019 - Respondent reducing cinema ticket prices from 11.03.2019 and later increasing same from May 2019 which increase cannot be correlated to s.171 - Profiteering only during the period up to 10.03.2019: NAASales figures of BOGO Offer rolled out on World Sandwich Day excluded while arriving at the profiteered amount - in similar cases, DGAP had included the same, therefore, the present computation is an aberration and unacceptable - reinvestigation ordered: NAACus - Alleged non-submission of Bank Realization Certificate after receipt of remittance on successful completion of an export cannot be construed to be a government due: HCCus - When Respondents had already issued licence and granted partial benefit under Target Plus Scheme, there cannot be any valid and justifiable reason for non-release of balance amount of benefit which has now become due: HCIBC - In order to avoid any confusion and divergence of opinions expressed by different HC it is better that interpretation of provisions of IBC is taken up by SC: SC (See 'http://tiolcorplaws.com/')Cus - Article 226 is not meant to short-circuit or circumvent statutory procedures - no acceptable explanation for not having resorted to alternative remedy provided in statute - Petition dismissed: HCGST - Whole objective of digitization is to convenience taxpayers and not to harass them - merely because there were no technical glitches on GSTN side, transitioning of credit could not have been rejected by IT-GRC: HCMethodology adopted is not in line with that adopted by the DGAP himself in similar cases of profiteering wherein average pre-rate reduction base prices have been compared with actual post rate reduction prices to compute profiteered amount - re-investigation ordered: NAASteps being taken to moderate prices of pulses, onions & potato: GoyalCOVID-19 - Belgium goes for 6-week lockdown of non-essential activitiesMassive undersea quake of 7-magnitude kills many in Turkey & GreeceKVIC launches Muslin fabric masks for DiwaliSCN u/s 143(2) issued at the old address of taxpayer is void ab initio, if it was issued at the old address even though the AO was made aware of the new address: ITATIncome tax raids contractors in Bihar; seizes cash & FDsWhere expenses are incurred in respect of a capital asset, such expenses do not mechanically become capital in nature: ITATAtmanirbhar Bharat is about relying on private sector: CEACX - As the order was passed by the authorities below before issuance of s.11C notification, matter is remanded to determine applicability of the exemption notification: CESTATCus - 228-day delay in filing appeal is condoned where assessee's employee who was handling the matter, indulged in theft & left the assessee's employment without informing anybody, leading to disruption of normal functioning of the office - Cost of Rs 1 lakh imposed on assessee: CESTATFinance Commission concludes deliberationsGovt working on production-linked sops for more sectorsOfficers who are invested with powers u/s 53 of the NDPS Act are 'police officers' within the meaning of s.25 of the Evidence Act: SC by MajorityCus - 200% Customs duty on imports from Pakistan not applicable as goods entered territory of India prior to the issuance/uploading of the notification 5/2019-Cus dt. 16.02.2019 at 8.45 pm: HCIDS - Input Services & capital goods - Awaiting their fateCus - Kerala gold smuggling case - Power of Customs Department to question applicant u/s 108 cannot be curtailed by granting anticipatory bail: HCStatement recorded u/s 67 cannot be used as a confessional statement in the trial of an offence under the NDPS Act: SC by MajorityCOVID-19 - Second wave is back with vengeance - Over 5 lakh daily global caseload is backFinance Commission to submit its report to President of India on Nov 9ITR filing - CBDT extends due date including that of Audit reportCOVID Effect - Devolution of taxes - States get Rs 51K Crore less so farPakistan wittingly admits a hand in Pulwama terror attackCX - Once the proportionate reversal of CENVAT credit takes place, it tantamounts to non-availing of credit: CESTATCus - Ignorance of law and cooperation in investigation are mitigating factors & per se cannot take away the guilt of attempting to bring goods into India without payment of duty: CESTAT'Filthy Air' Saga - Is it not a case of Pot calling Kettle black!GST - DGGI nabs man accused of Rs 392 Cr ITC fraud
 
Rights of power consumer - Govt invites inputs to Draft Rules

By TIOL News Service

NEW DELHI, SEPT 16, 2020: Union Power Ministry has drafted Rules providing for Rights of Electricity Consumers for the First Time. Electricity Consumers are the most important stakeholders in the power sector. The sector exists because of them. Having provided access to electricity to all citizens, it is now important to focus on consumer satisfaction. For this, it is imperative to identify the key services, prescribe minimum service levels and standards with respect to these services and recognize them as rights of consumers.

With this objective, a draft of Electricity (Rights of Consumers) Rules, 2020 have been prepared for the first time by the Government.

The main features are –

•Reliability of service: SERCs to fix average number and duration of outages per consumer per year for DISCOMs.

•Timely and simplified procedure for connection: Only two documents for connection up to load of 10 kw and no estimation of demand charges for loads up to 150 kw to expedite giving connection.

•Time period of not more than 7 days in metro cities, 15 days in other municipal areas and 30 days in rural areas, to provide new connection and modify existing connection.

•2 to 5% rebate on serving bills with delay of sixty days or more.

•Option to pay bills in cash, cheque, debit cards, net banking etc but bills of Rs. 1000 or more to be paid online.

•Provisions related to disconnection, reconnection, meter replacement, billing, payment, etc.

•Recognition to the emerging category of consumers known as “Prosumers”. Persons who are consumers and have also set up a rooftop units or solarised their irrigation pumps. They will have right to produce electricity for self-use and inject excess in the grid using same point of connection up to limits prescribed by the SERC.

•Compensation/penalties for delay in service by DISCOMs; compensation to be automatic as far as possible, to be passed on in the bill.

•24x7 toll free call centre, web-based and mobile applications for common services like new connection, disconnection, reconnection, shifting of connection, change in name and particulars, load change, replacement of meter, no supply, etc with facilities for sms/email alerts, online status tracking and auto escalation.

•Consumer Grievance Redressal Forum with 2-3 representatives of consumers at various levels starting from Sub-division for ease of consumer grievance redressal.

Draft Rules have been circulated by Ministry of Power on 9th September 2020 for seeking comments/views/suggestions of Consumers up to 30th September 2020. They shall be finalized after taking into account all the suggestions received and issued.


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