TRADE NOTICE NO. 13/2021-22, DATED 04-08-2021
DGFT allows uploading of e-BRC by Sep 15, 2021 for shipping bills with LEO up to Mar 31, 2020 on which RoSCTL scrip claimed.
Editorial Note: The DGFT has issued trade notice to allow the uploading of e-BRC by Sep 15, 2021 for shipping bills with LEO up to Mar 31, 2020 on which RoSCTL scrip claimed as it is observed in several cases that e-BRC as a proof of export proceeds realisation is not uploaded yet.
NOTIFICATION NO. 65/2021-CUSTOMS (N.T.), DATED-05-08-2021
CBIC notified exchange rates effective from August 6, 2021
Editorial Note: The Central Board of Indirect Taxes and Customs has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa,with effect from 6th August, 2021, for import and export of goods.
PUBLIC NOTICE NO. 20/2015-20, DATED 6-08-2021
Last date for exports or replenishment etc. of precious metals falling between 1.2.21 to 30.6.21 extended by 6 months
Editorial Note: The DGFT has issued notice to extend the last date forexports/replenishment/imports/dr awal of precious metals which expires between 1.2.21 to 30.6.21 by 6 months. This step is taken as one time measure due to COVID-19 situation.
TRADE NOTICE NO. 15/2021-22, DATED 09-8-2021
Quota for export of several diagnostic kits & their components is fixed for July-Sep, 2021
Editorial Note: The DGFT has issued trade notice to fix the quota forexportofseveraldiagnostickits& their components for the period of July-Sep, 2021. Now, the exporters have to apply online for the export of these kits between August 10, 2021 to August 17, 2021.
NOTIFICATION NO. 16/2015-20, DATED 09-08-2021
Period of modification of IEC is extended for the year 2021-22 till 31.08.2021
Editorial Note: An IEC holder has to ensure that details in its IEC are updated electronically every year, during April-June period. However, for the current year i. e. 2021-22, this period is further extended by another month i.e. till 31st August, 2021.
NOTIFICATION NO. 16/2015-20, DATED 09-08-2021
Period of modification of IEC is extended for the year 2021-22 till 31.08.2021
Editorial Note: An IEC holder has to ensure that details in its IEC are updated electronically every year, during April-June period. However, for the current year i. e. 2021-22, this period is further extended by another month i.e. till 31st August, 2021.
NOTIFICATION NO. 15/2015-20, DATED 09-08-2021
Facility of online Registration for CHIMS Portal will be available w.e.f Oct 1st, 2021
Editorial Note: The trial period of chip imports monitoring system (CHIMS) is extended by further two months i.e. up to 30.09.2021 and the registration at CHIMS portal will be effective from 01.10.2021.
NOTIFICATIONF.NO.12015/11/ 2020- TTP, DATED 13-08-2021
RoSCTL Scheme to be continued till March 31, 2024
Editorial Note: The Government has decided to continue RoSCTL Scheme till March 31, 2021 to provide rebate from all Central and State Taxes on export ofApparels, Garments and their made-ups.
New Functionalities made available for Taxpayers on GST Portal: GSTN Update
Editorial Note: The GSTN has issued document to provide the details of new functionalities made available for taxpayers on GST Portal in July 2021. The GSTN has provided several functionalities such as facility to submit a complaint of misuse of PAN, for getting a registration in GST, download of Form GSTR-4A in excel for the composition taxpayers, auto population of GSTR-3B liability from IFF and Form GSTR 1 for taxpayers under QRMP Scheme etc.
NOTIFICATION NO. 19/2015-2020, DATED 17-08-2021
Scheme for Remission of Duties and Taxes on Export Products (RoDTEP) notified
Editorial Note: The Department of Commerce has notified scheme and Rates under the Remission of Duties and Taxes on Export Products (RoDTEP). The scheme has been made part of the existing Foreign Trade Policy.
CIRCULAR NO. 19/2021- CUSTOMS, DATED 16-08-2021
Commissioner allowed to reduce the amount of security required in case of provisional assessment under Customs.
Editorial Note: The CBIC has issued circular to allow the Commissioners to reduce the amount of security required in case of provisional assessment under Customs. This has beendone in order to provide themflexibility to reduce security amount in suitable cases.
CIRCULAR NO. 20/2021- CUSTOMS, DATED 16-08-2021
CBIC prescribes procedure for De-Notification of Inland Container Depot/Container Freight Station/Air Freight Station.
Editorial Note: The CBIC has noted that the custodians are facing difficulty where they intend to wind up the operations in Inland Container Depot/Container Freight Station/Air Freight Station. Therefore, in order to remove difficulties, CBIC has issued circular to prescribe procedure for De-Notification of Inland Container Depot/Container Freight Station/Air Freight Station and approach custom formations in this regard.
NOTIFICATION NO. 18/2015-2020, DATED 16-08-2021
Restriction imposed on export of COVID-19 Rapid Antigen testing kits: DGFT Notification
Editorial Note: The export of COVID-19 Rapid Antigen testing kits falling under any HSN Code has been put under Restricted category, with immediate effect. The DGFT has issued notification in this regard.
CIRCULAR NO. 19/2021, DATED 17-08-2021
Directorates / Commissionerates shall not issue any circular or alert regarding clarification or interpretation of classification of goods: Customs Circular
Editorial Note: The CBIC has issued circular to direct Directorates / Commissionerates that they shall not issue any circular or alert regarding clarification or interpretation of classification of goods. It was observed by CBIC on several occasions that such communications were contrary to existing circular by Board.
TRADE NOTICE NO. 16/2021-22, DATED 17-08-2021
DGFT issued procedure and criteria for submission and approval of application for export of COVID-19 Rapid Antigen Test Kits
Editorial Note: The DGFT has issued the detailed procedure and criteria for submission and approval of application for export of COVID-19 Rapid Antigen Test Kits. In this regard, trade notice has been issued.
NOTIFICATION NO. 68/2021 – CUSTOMS (N.T.), DATED 19-08-2021
CBIC notified exchange rates effective from August 20, 2021
Editorial Note: The Central Board of Indirect Taxes and Customs has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 20th August, 2021, for import and export of goods.
NOTIFICATION NO. 1225, DATED 19-08-2021
Delhi Govt. notifies Medical Oxygen Production Promotion Policy of Delhi, 2021. allows 100% reimbursement of SGST
Editorial Note: The Govt. of National Capital Territory of Delhi has approved the Medical Oxygen Production Promotion Policy of Delhi – 2021. This policy has been introduced with an aim to make Delhi self-reliant in production of Medical Oxygen to meet with any such crisis/medical emergency in future.
GSTN issued advisory on HSN and GSTR-1 filing
Editorial Note: GSTN noted that HSN used by few taxpayers for reporting in GSTR-1 is not available in the Table 12 HSN drop-down. They have further stated that they are facing issues in adding the required HSN details in Table 12 and filing of statement of outward supplies in form GSTR-1 of July 2021. In this regard, the advisory has been issued by GSTN.
Rule-59(6) implemented on GST Portal to check filing of GSTR-3B of last 2 months before filing GSTR-1
Editorial Note: The Rule-59(6) will be implemented on GST Portal with effect from 1st September, 2021. Now the system will check whether taxpayers have done filing of GSTR-3B of last 2 months before filing of GSTR-1. This check will operate on clicking the SUBMIT button of GSTR-1 and the system will give an error message if the condition of Rule-59(6) is not met.
CBIC has further extended late fees amnesty scheme & timelines for revocation of cancellation of registration
Editorial Note : CBIC has further extendedthelastdatetoavailthe benefit of amnesty scheme to November 30, 2021. The last for revocation of cancellation of registration has also been extended to September 30, 2021 where cancellation falls during 01.03.2020 to 31.08.2021.
NOTIFICATION NO. 48/2021-CUSTOMS (ADD), DATED 27-08-2021
Anti-Dumping Duty on Uncoated Copier Paper imported from Indonesia & Singapore further extended
Editorial Note : The Govt. has issued Notification No. 48/2021- Customs (ADD) in order to extend the applicability of Anti-Dumping Duty (‘ADD’) on import of Uncoated Copier Paper originating & exported from Indonesia and Singapore till 28-Feb-2022. Currently, ADD is payable on the import of Uncoated Copier Paper originating/exported from Thailand, Indonesia & Singapore, which is applicable till 03-12-2021 vide Notification No. 56/2018 dated 04-12-2018.
NOTIFICATION NO. 34/2021 – CENTRAL TAX, DATED 29-08-2021
Last date to file revocation application for registration cancelled for non-filing of returns till 30th Sep: Notification
Editorial Note: The Government has extended the timelines for filing of application for revocation of cancellation of registration to 30th September, 2021, where the due date of filing of application for revocation of cancellation of registration falls between 1st March, 2020 to 31st August, 2021. The extension would be applicable only in those cases where registrations have been cancelled due to non-filing of returns under GST.
NOTIFICATION NO. 32/2021 – CENTRAL TAX, DATED 29-08-2021
Companies can file GSTR-3B and GSTR-1 via EVC instead of DSC till 31st October
Editorial Note: The filing of FORM GSTR-3B and FORM GSTR-1/ IFF by companies using electronic
verification code (EVC), instead of Digital Signature certificate (DSC) has been further extended till 31st October. This facility was already enabled from 27th April, 2021.
NOTIFICATION NO. 41/2021, DATED 31-08-2021
Exemption on Custom Duty for import of COVID-19 relief items further extended till 30th September
Editorial Note: CBIC has further extended the exemption on Custom Duty for import of COVID-19 relief items including COVID-19 vaccine till 30th September. In this regard, notification has been issued.
NOTIFICATION NO. 33/2021 – CENTRAL TAX, DATED 29-08-2021
Last Date to avail GST Amnesty Scheme to reduce/waive late fees for GSTR-3B extended till 30th November.
Editorial Note: The Government had provided relief to the taxpayers by reducing / waiving late fee for non-furnishing FORM GSTR-3B for the tax periods from July, 2017 to April, 2021, if the returns for these tax periods would be furnished between 1st June, 2021 to 31st August, 2021. Now, the last date to avail benefit of the late fee amnesty scheme, has now been extended till 30th November, 2021.
RECENT JUDICIAL RULINGS ON GST
SECTION 29 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – REGISTRATION
Cancellation of : Where Competent Authority cancelled registration of assessee for non filing of returns for a continuous period of more than two years and Single Judge of High Court by an interim order permitted assessee to continue its business as a registered dealer, impugned order deserved to be set aside – Union of India v. Aditya Auto Engineering (P.) Ltd. – [2021] 129 taxmann.com 247 (Karnataka)
SECTION 39 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – RETURNS
Furnishing of : Where assessee did not file returns for period from September, 2018 to October, 2020 and Competent Authority passed assessment orders under section 62 on assessee and Single Judge of High Court by an interim order permitted assessee to file manual returns for backlog period, as GST law did not permit for filing of manual returns, impugned interim order
deserved to be set aside – Union of India v. Aditya Auto Engineering (P.) Ltd. – [2021] 129 taxmann.com 247 (Karnataka)
RULE 74 OF THE SPECIAL ECONOMIC ZONE RULES, 2006 – SELF DECLARATION
Where petitioner has challenged Rules 53 and 80 of the Special Economic Zone Rules, 2006 (SEZ Rules) inserted by way of Clauses 28 and 33 of the Special Economic Zone (Amendment) Rules, 2018 dated 21-9-2018 as ultra vires theConstitution of India as well as SEZ Act, 2005 and has furnished the Bank Guarantee equivalent to the amount of the penalty imposed for NFE shortfall, penal proceedings was to be stayed and competent authority was to be directed to process the application of the Petitioner seeking exit from SEZ under Rule 74 of SEZ Rules, subject to petitioner extending Bank Guarantee for a further period of two years – Nokia Solutions & Networks India (P.) Ltd. v. Union of India – [2021] 129 taxmann.com 399 (Delhi)
SECTION 132 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – OFFENCES
Punishments for certain offences : Where assessee, a Chartered Accountant, for offence punishable under section 132(1)(b), (c), (f) and (i) was in custody since 19-2-2021 and allegation against him was of availment by passing of input tax credit wrongfully to tune of Rs. 6.36
crores by creating 36 fake firms, bail application deserved to be dismissed – Abhishek Singhal v. Union of India – [2021] 129 taxmann.com 248 (Rajasthan)
CLASSIFICATION OF SERVICES Healthcare Services: Supply of medicines, surgical items, implants, stents, and other consumables to inpatients admitted to hospital for diagnosis, or medical treatment or procedures is a composite supply where principal supply ishealthcare services falling under Heading No.999311, which is exempted as per Sl. No. 74 of Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017 – ST. Thomas Hospital, In re – [2021] 129 taxmann.com 246 (AAR – KERALA)
Healthcare Services: Supply of food to inpatients admitted to hospital for diagnosis, or medical treatment or procedures is a component of composite supply where principal supply is healthcare services falling under heading No. 999311, which is exempted as per Sl. No. 74 of Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017 – ST. Thomas Hospital, In re – [2021] 129 taxmann.com 246 (AAR – KERALA)
Leasing of wet land for fish farming: Where applicant, a Gram Panchayat, allotted some wet land, i.e., water channel on lease to be used for fish farming, lease rent charged by applicant is eligible for GST exemption as per SI. No. 54 of Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017 – Chellanam Grama Panchayath, In re – [2021] 129 taxmann.com 245 (AAR – KERALA)
SECTION 13 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – SUPPLY
Time of supply of services: Where applicant-builder is seeking advance ruling on question as regards time of supply and point of taxation with respect to flatsallotted tolandownerby way of supplementary agreement before GST regime whereas construction will be completed during GST regime, as per Notification No. 4/2018, dated 25-1-2018 date of transfer of possession of building or right in it to person supplying development rights will be time of supply and liability to pay tax on said services shall arise on that day, therefore, if applicant has handed over building after inception of CGST & SGST, then liability to pay tax will arise under CGST & SGST – Vajra Infracorp India (P.) Ltd., In re – [2021] 129 taxmann.com 227 (AAR- TELANGANA)
SECTION 17 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – INPUT TAX CREDIT
Credit and blocked credits, apportionment of: Where common credit on input or input services partly used for effecting taxable supplies and partly for effecting exempt supplies are availed, eligible input credit shall be calculated as per formula prescribed in rule 42 of CGST Rules, 2017 and common credit pertaining to exempt supplies calculated as per said formula shall be reversed – ST. Thomas Hospital, In re – [2021] 129 taxmann.com 246 (AAR – KERALA)
SECTION 140 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – TRANSITIONAL PROVISIONS – INPUT TAX CREDIT – TRANSITIONAL ARRANGEMENT FOR
Where assessee filed declaration in time for transitioning credit of Rs. 21 lakhs and also received acknowledgement of same but said credit was not transitioned in assessee’s electronic credit ledger, Competent Authority was to be directed to transition credit of Rs. 21 lakhs claimed by assessee into assessee’s electronic credit ledger in Form GST PMT-2 maintained on portal – BMW India Financial Services (P.) Ltd. v. Union of India – [2021] 129 taxmann.com 377 (Telangana)
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