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 GST Notifications issued on 19th 

Date : 20th June, 2017

The Central Government through a number of notifications issued yesterday kicked off the implementation of the historic GST in India.

The notifications bring into force large sections of the CGST and IGST Acts and rules which are necessary legal and administrative infrastructure for the full implementation of GST from 1st July, 2017.

The charging sections under these Acts to implement GST will obviously come into force only from the appointed date i.e. 1st July, 2017

The Central and Integrated tax notifications are all dated 19th June, 2017 :

 

 *****

 

 

Getting Ready for GST

Date : 31st March 2017

 https://www.gst.gov.in/

Pic Source : https://www.gst.gov.in/

GST - when will it be introduced?

Though GST missed the 1st April, 2017 deadline, it seems poised to get introduced very soon! The date is likely to be 1st July, 2017.

In a worst case scenario it may be 1st September, 2017. But, it is very unlikely to be any later than that. This is because of the unique situation created by provisions in the “The Constitution (101st Amendment) Act 2016” (The Act).  

What the FM said

Speaking about this unique situation, on 11th November, 2016, the FM, Mr Arun Jaitley was reported to have said “We are making all efforts to introduce GST from April 1, 2017. GST has to be implemented latest by September 16, 2017, and if it is not implemented by then, states will not be able to collect their share of taxes, and hence, there is not enough scope to further delay the decision,…”

Constitutional compulsion explained

This constitutional compulsion arises from the fact that “The Constitution (101st Amendment) Act 2016” (The Act), after being passed by the Parliament and receiving  Presidential assent was notified on 8th  & 16th September, 2016. Section 12 of the Act (which provides for constituting the GST Council) was notified effective from 8th September, 2016 and the remaining 19 sections were notified on 16th September.

Section 19 in the Act is important and sets out the time table to implement GST.  It mandates an outer limit of “one year” to implement GST and provides for the current tax laws to operate in any State ONLY FOR ONE YEAR FROM COMMENCEMENT (notification).


Section 19 of the Act:

“19. Notwithstanding anything in this Act, any provision of any law relating to tax on goods or services or on both in force in any State immediately before the commencement of this Act, which is inconsistent with the provisions of the Constitution as amended by this Act shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until expiration of one year from such commencement, whichever is earlier.”

So we can safely assume that 1st July, 2017 target which may very well be achieved. But as stated above, in the worst case scenario, it will be 1st September, 2017. The chances of the extraordinary powers being exercised by the President under section 20 of the Act  seems very unlikely.


So what must be done now? Get enrolled for registration!

The process of migration of tax payers and dealers (registered upto 31st Jan 2016) under central excise, service tax and VAT into GST Portal has already begun. The deadline to complete this has been extended upto 30th April, 2017.

This enrollment process is naturally meant to smoothen GST implementation and prevent tax payers queuing up at the last minute to register.

If you or your firm/company hasn’t enrolled yet for the registration already, its good time to do it now.  


Where & how to enroll?

The link for enrollment of existing tax payers is :  https://www.gst.gov.in/

This site also provides you with video tutorials, FAQs, manuals etc. to assist you with understanding GST and the steps towards smoothly implementing it for your company.

The link for enrollment schedule for the various States is : https://www.gst.gov.in/enrolplan

You can check your registration status at this link : https://services.gst.gov.in/services/check-registration-status

It may be noted that enrollment /registration may be made necessary to allow the transfer of cenvat or VAT credit lying in balance as on the appointed date (date when GST gets implemented) to the GST credit account.  So this is important.


Manage your Cenvat & VAT credit balances carefully towards the appointed date when GST will come into effect

Ideally, during the 2nd half of June, 2017, you should plan your tax payments (cash tax payment) more rigorously based on your despatch, sales plan such that credit balances are  fully utilised to avoid the needless hassles of transfer. Not that the transfer may be difficult, but then it is best avoided. Also it will improve your cash flow.



Links for more information on GST:

Constitution 101 Amendment Act, 2016 (Act to amend the Constitution for GST) assent by President on 8th September, 2016

GST - Central & State Circulars & instructions for migration to GST : Registration/Enrollment in GST for existing tax payers.

Revised GST Law - November, 2016

Revised IGST Law - November, 2016

FAQ on GST - Published by CBEC on 21st September, 2016

 

This is just one of the instalments in a GST series intended to assist taxpayers in implementing GST more to follow.

 

For any queries or help on indirect taxation in India contact:

anthony.fernandes@taxquotient.com
Phone : +91 9820215006

 

 

 Most Recent Judgements 2016 & 2017

 

The Supreme Court of India

28th Mar 2017 : Berger Paints India Ltd. Vs CIT, Delhi-V

24th Mar 2017 : Bhuwalka Steel Inds Ltd. & Anr Vs UOI& Ors

9th Mar 2017 : Hussain and Anr. Vs UOI

15th Feb 2017 : CCE, Chandigarh Vs M/s Stesalit Limited

18th Jan, 2017 : Southern Motors Vs State of Karnataka & Ors

18th Jan 2017 : Saftey Retreading Co (P) Ltd. Vs CCE, Salem with Ors

5th Jan 2017 : CCE, Bangalore Vs United Spirits Ltd. & Anr.

4th Jan 2017 : Gautam Jain Vs UOI & Anr.

4th Jan 2017 : Patel Bros Vs State of Assam

4th Jan 2017 : Gopal and Sons (HUF) Vs CIT Kolkata -XI

2nd Dec : UOI & Ors. Vs Paliwal Overseas Pvt. Ltd.

1st Dec : Dilbagh Singh Vs St of Punjab

1st Dec : State of AP Vs Chief Commr of IT & Ors

 

Madras High Court 

15th Feb 2017 : Australian Foods (P) Ltd. & Anr Vs CCE, Chennai II

4th Jan 2017 : Adhar Digital Vision Pvt. Ltd. Vs. The State of Tamilnadu & Ors

2nd Dec 2016 : The Southern Pressure Castings Vs Asst Commr of Customs (EPCG) Chennai& Anr

 

Gujarat High Court 

16th Jan 2017 : Devraj Tobacco Co Vs UOI & 3 Ors

12th Jan 2017 : New Industrial Security Services Vs CESTAT & 1

1st Dec 2016 : Flipkart Internet Pvt. Ltd. Vs State of Gujarat & 1.

 

Delhi High Court 

27th Feb 2017 : ABB India Ltd Vs Commr of Trade & Taxes

20th Feb 2017 : CCE & Ors Vs Usha Vaish & Ors

15th Feb 2017 : VPSSR Facilities Vs Commr OF VAT & ANR.

14th Feb 2017 : Prin Commr of Customs Air Cargo (Imp) Vs Escorts Heart Inst & Research Centre

3rd Jan 2017 : Akshey Gupta Vs Commr of Customs (Gen)

 

Kerala High Court

5th Sept : Roche Diagnostics I Pvt. Ltd. Vs The CTO, (ENQUIRY) & Ors

 

Calcutta High Court

15th Sept : Mishra & Mishra Agencies & Anr. Vs UOI & Anr.

 

Allahabad High Court

18th Jan, 2017 : Ginni Filaments Ltd Unit -1 Vs Commisioner Of C.Ex.

23 Dec : Keshav Kumar Vs Union Of India 

 

Bombay High Court 

20th Dec : Atlas Automotive Components Pvt. Ltd. & Anr. Vs UOI & Ors.


 Please click Recent Judgements from Courts

Please click for Supreme Court Judgements passed in 2016

Click for : Advanced Case Law Search

Links to new judgements

 

CESTAT 2016

17th March

MUM : SMV Beverages Pvt. Ltd. Vs. CCE, Nagpur 
CHE : Omega Global Logistics (P) Ltd. Vs. CCE, Tirunelveli 
MUM : Shree Vaibhav Laxmi Co. Vs. CCE, Raigad 
MUM : Central Mine Planning & Design Inst Ltd. Vs. CCE, Nagpur 
CHE : Solocare Medicals (P) Ltd. Vs. CCE, Chennai IV 
MUM : Kinetic Engg Ltd. Vs. CC, Pune 
MUM : Allana Impex Ltd Vs. CC(Import) MUM

16th March

CHE : Kwality Impex Versus CC, CHE 
AHD : CC, Jamnagar Vs. SCIof India Ltd 
AHD : IRM Trust Vs. CST, AHD 

15th March

KOL : BMN Alloy Steels Pvt.Ltd. Vs. CCE, Kolkata-IV 
CHE : Mayur Textile Processors Vs. CCE, Salem 
BANG : Bombay Rayons Fashions Ltd & Anr Vs CCE Bangalore 
KOL : Md. Abdul Majed Sarder Vs. CC (Prev.),WB, Kolkata
KOL : Eastern Metallizing Ltd Vs. CC, Kolkata

14th March

CHE : S.R. Cabs & Ors Vs CCE, & ST Tiruchirapalli 
KOL : CCE, Patna Vs. Dina Metals Ltd. 
CHE : Arullagam Pharma Pvt. Ltd. & Ors Vs. CCE, Chennai - IV

13th March

CHE : TIL Ltd. Vs CCE, Puducherry 
CHE : SPIC Ltd. Vs CCE, Tirunelveli
CHE : CCE, Coimbatore Vs Sakthi Finance Ltd.
 
CHE : Sterlite Inds (I) Ltd. Vs CC, Chennai 
CHE : The Coimbatore City Municipal Corpn Vs CCE, Coimbatore 

10th March

AHD : Universal Medicap Ltd Vs. CCE&C (A)- Vadodara-I 
CHE : Best & Co. Vs. CST, Chennai 
CHE : Gemini Traders & Ors Vs. CC(Import), Chennai 
CHE : Roots Multiclean Ltd. Vs. CCE, Coimbatore 
CHE : M.M.Engineers Pvt.Ltd. Vs CCE, Coimbatore 
CHE : EID Parry (India) Ltd Vs. CCE, Puducherry 
CHE : East Coast Construction & Ind Ltd. Vs. CST, Chennai 
AHD : Shri Jawandamal Dhannamal Vs. CC (Appeals) -Jamnagar 
AHD : Shah Paperplast Ind Ltd Vs. CCEST-Ahd-III etc 
AHD : Pravin S Patel Vs. CCE,C & ST (Appeals)-Anand 
AHD : Polycab Wires Pvt Ltd Vs. CCECST(Appeals) Vadodara-II 
CHE : CCE, Chennai II Vs. BOC India Ltd 
CHE : Hardy Exploration & Production (I) Inc. Vs. CST, Chennai 
KOL : Sri Utpal Kumar Dey & Ors Vs CC (P), WB 
MUM : Punj Lloyd Ltd. Vs. CC (I), Mumbai 
MUM : Seema Intermet Pvt. Ltd. Vs. CC (I), Nhava Sheva 
MUM : Indorama Synthetics (I) Ltd. Vs. CC&CE, Nagpur

9th March

KOL : Chandan Sahani Vs. CC (Appeals), Kolkata 
MUM : Cable Corporation of India Ltd. Vs. CCE, Mumbai-V 
MUM : Gujarat Ambuja Exports Ltd. Vs. CC&CE Nagpur

8th March

KOL : Patton Intl Ltd. Vs. CCE, Kolkata -VII 
KOL : The Superintendent of Post Office Vs CCE, Guwahati 
AHD : Gujitron Electronics Pvt. Ltd. Vs CCEST, Daman 
AHD : X L Plastics Vs. CCEST, Vadodara 
CHE : Acme Indl Corporation Vs CC (Sea-Imports) Cnennai
KOL : B. P. C. L. Vs CC (Port), Kolkata 
KOL : Manaksia Ltd. Vs. CCE, Haldia
MUM : Savita Polymers Ltd. Vs. CCE, Raigad Mumbai
MUM : Bhagyashree Ent & Ors Vs. CCE Pune I 
MUM : Vista Processed Foods Pvt. Ltd. Vs. CST, Mumbai II
AHD : CC, Jamnagar Vs. Baijnath Melaram
AHD : Columbia Packona Engg. Pvt. Ltd. Vs. CCEST, Vadodara-II
CHE : Teakrafts Vs CCE, Coimbatore 
AHD : Systematic Steel Ind Ltd. & Ors Vs. CCEST, Vapi 
CHE : Baburam Premchand Vs CCE (Adjn.) Chennai 
CHE : Lotte India Corpn Ltd. Vs. CCE, Puducherry


Click here for CESTAT judgements for previous month

Please click for earlier CESTAT decisions

Click for : Advanced Case Law Search

Welcome to Tax Quotient


This site is dedicated to assist businesses in India to comply with tax laws even as they achieve their business goals. The Indian tax environment is challenging. It's complex, ever-changing and tax authorities often seen as "aggressive". There are some celebrated cases like the one where the revenue after losing in the Supreme Court, amended the Income Tax law retroactively going back 62 years. With very serious adverse implications for the taxpayer and India's image abroad!

Even if one ignores such goal post shifting retroactive amendments, Indian taxes still remain a mine field of uncertainties. Taxpayers should know their taxes and the risks well. Every business step should be taken with caution to avoid serious repercussions sometimes several years later! It’s not just about mistakes. Sometimes critical operations get stalled due to tax glitches.


Tax Quotient is dedicated to guide and assist tax payers to avoid such problems. However, Tax Quotient strongly believes that legitimate taxes must be paid and unfair taxes or tax proceedings strongly resisted using legal remedies.

Today, we are not geared to continuously splash instant tax news. Initially, our focus will be on indirect taxes and we will eventually provide a more comprehensive coverage including direct taxes. However, whatever we do, we intend to bring the most incisive, helpful, comprehensive and critical analyses of taxes and implications for business. We also intend to cover gradually areas tax risk management, in-congruent tax laws, strange interpretations and absurd taxes. We hope that this will not only help tax practitioners but the content is equally palatable to all business persons who may not be familiar with taxes.

To improve the quality of our output we will need continuous feedback from reader. While positive feedback will encourage us, we would also like your criticism to improve.


Happy reading!
Tax Quotient!

GST A Brief Presentation dated 6th April, 2017

Click Here

GST News : The Constitutional Amendment & GST Law

 

GST Acts passed & which received Presidential assent on 12th April, 2017

GST Tariff as decided by GST Council

GST - Classification Scheme, Schedule & Services under Reverse Charge

Final GST Rules

GST Notifications

 

 

 

The Finance Act 2017 comes into effect from 31st March 2017

All changes introduced through various sections in Central Acts, through the Finance Bill will therefore take effect from 31st March, 2017 unless specified.

A New Feature :

Advanced Case Law Search

 

7th April, 2016

The “Advanced Case Law Search” feature in TaxQuotient  enables search on separate parameters such as Court, Tax Type, Date (from & to Range), appellant, respondent and even keywords. This helps you in locating case law you are searching for swiftly.

TIP: #1 : If you want to view the latest cases, just enter the start and end dates keeping all other boxes blank. You will get a list of all available indirect tax cases during that period.

TIP # 2 : Please keep the date range (start to end date) for upto 6 months.

TIP # 3 : Don't forget to reset the search to clear the earlier results before a new search.

Click to enter Advanced Case Law Search

Indirect Risk Tax Management
 

 

 

 

 GST Bill passed by Parliament

 

 

 

The 122nd Constitution Amendment Bill introduced in Parliament in December 2014 has been passed by the Rajya Sabha and now also by the Lok Sabha with the amendments.  Now the Bill must get ratified by at least half the number of 31 State Legislatures which means 16 States and then finally get the approval from the President.

Thereafter the GST Council has to be set up which will determine the GST design at the granular level. This will include the structure of GST including scope of CGST, SGST and IGST, the taxes subsumed, the items/commodities covered and other critical aspects such as the threshold limits for taxability, exemptions, and several other parameters critical for an ideal  GST.

Further, for the GST to operate smoothly, the taxes paid on goods and services at every stage in the value chain needs to be tracked. This requires an IT infrastructure which will track the transactions and taxes paid and form the back-bone of GST. Reportedly considerable work has been already done on it, nevertheless it will need changes to correctly reflect the GST Law proposed by the GST Council and accepted by the Central & State Legislatures.

Last but not the least,  the tax authorities and other stakeholders who will implement the GST need to be trained for a smooth introduction.

Seven questions to know if you 

are paying taxes 

correctly?

If you are the CFO or the Tax Head you ought to read this. Click Here

CESTAT rejects appeal, holds - sample testing a must as importer didn't produce any certificate

On 7th April, 2017 in Maa Bhagwati Coke Vs CC,Jamnagar, CESTAT Ahmedabad rejected the appeal for exemption on imported coal claiming the ash content was <12% and distinguished a SC judgment relied upon by the appellant. The Tribunal held that on testing the coal samples, the report confirmed ash content at 13.1% also the test was necessary saying:

"....it is seen that the appellant have relied on the decision of Honble Apex Court to assure that there was no reason to get the coal tested. However, in the said case, the importer had produced a certificate of CASCOs regarding the ash content of the imported coal. In the instant case, the record shows that no such certificate was produced. In absence of the certificate, it was necessary to get the sample tested in view of the claim of notification by the appellant."

Recent Tax Judgements from Courts & Tribunal

Recent Judgements from Courts & Tribunal

Click for : All Recent Judgements

 

CESTAT Updates

June- July 2016

 

Brief update on CESTAT judgements passed during June 2016 to July 2016. Please note this update is not a summary of the cases but only leads on important issues decided. The links to the judgments are also provided for the full text.

Click here for update

Recent Judgements Published

CESTAT Chandigarh : M/s. AVI International : Vs. Commissioner of Customs, Ludhiana : 12th April, 2017

CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SCO 147-148, SECTOR 17-C, CHANDIGARH 160 017Read more..

CESTAT Kolkata : Commissioner of Central Excise, Bolpur Vs. M/s KIC Metaliks Ltd. : 12th April, 2017,

IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL,
EAST REGIONAL BENCH
KOLKATA
Read more..

CESTAT Chennai : Superfil Products Pvt. Ltd. Versus Principal Commissioner of Central Excise, Chennai-I : 12th April, 2017


IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH AT CHENNAIRead more..

CESTAT Chennai : Rane TRW Steering Systems Ltd. Versus Commissioner of Central Excise & ST LTU, Chennai : 12th April, 2017

IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH AT CHENNAI
Read more..

CESTAT Chennai : Rane TRW Steering Systems Ltd. Versus Commissioner of Central Excise, LTU, Chennai : 12th April, 2017

IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH AT CHENNAI
Read more..

CESTAT Ahmedabad : M/s Economic Packaging Vs. Commissioner of CUSTOMS KANDLA : 6th April, 2017

CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
O-20, New Mental Hospital Compound, Meghani... Read more..

CESTAT Chandigarh : Commissioner of Central Excise, Chandigarh. Vs. M/s Cheema Spintex Ltd. 100% EOU : 6th April, 2017

CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SCO 147-148, SECTOR 17-C, CHANDIGARH  160 017Read more..

CESTAT Chandigarh : M/s. Vij Engineers & Consultants Pvt. Limited : Vs. Commissioner of Central Excise & Service Tax., Rohtak : 6th April, 2017

CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SCO 147-148, SECTOR 17-C, CHANDIGARH  160 017Read more..

CESTAT Ahmedabad : M/s Pioneer Industries Versus Commissioner of Central Excise & S.T.-Bhavnagar : 7th April, 2017

In The Customs, Excise & Service Tax Appellate Tribunal
West Zonal Bench At Ahmedabad
Read more..

Tax Management

 

 

Tax Risk Management Part 1

An Introduction

 

Risk comes from not 

knowing what you’re doing. 

- Warren Buffet

Read the Article

 

Tax Risk Management Part 2

Tax Risks as 

Black Swan Events!

If you were asked "

What 'tax risks' 

you perceive in your 

business?" 

What would be 

your answer?

Read the Article

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