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Knowledge Partner:
The Bengal Chamber of Commerce & Industry
[
147th Issue: 26th
November 2017 – 02nd
December2017
TAX CONNECT
Kolkata
Delhi
Gujarat
: 1, Old Court House Corner, “Tobacco House” 1st
Floor, R.No.-13 (North), Kolkata-700001
: B 42 Retreat Apartments, 20 IP Extension, Delhi 110 092
: Quarter no. 3/174, Gujarat Refinery Township, Jawaharnagar, Vadodara-391320
Contact
Website
Email
: +919331042424; +919831594980; +913322625203
: www.taxconnect.co.in
: tb.chatterjee@taxconnect.co.in;vivek.jalan@taxconnect.co.in
TAX CONNECT
INCOME TAX CUSTOMS
EDITORIAL
Friends,
Goods and Services Tax (GST), introduced from July 1,
2017 is now about 150 days old and has resulted in
operational and implementation issues affecting all
stakeholders. GST law, as drafted and legislated, is not
free from the interpretational hassles. Taxpayers have
started challenging various provisions of GST laws and
rules framed there under. High courts have taken a liberal
stand so far in view of the fact that law is new and is yet
evolving. However, CBEC may move to supreme court
where the verdict is against the Government.
Here are few judicial pronouncements for information and
guidance of various stakeholders. It is expected that the
litigation is bound to go up as time passes by.
 In case the assessee was registered as sole
proprietor instead of partnership firm, it was held
and directed to the department that the
necessary GST ID/ password in the name of
partnership firm shall be issued within a period of
two weeks and the registration certificate be
corrected within a week thereafter.
 In case the assessee supplied goods to customer
of Punjab, which it brought from its warehouse
situated outside State of Punjab to its delivery hub
located in Punjab and mentioned its TIN of Punjab
in VAT -36 return, it was held that the said supply
shall have to be treated as inter-state supply.
 In case the assessee on enforcement of GST
regime got itself migrated for purposes of GST as a
partnership firm, but Adjudicating Authority had
registered it as a sole proprietorship, it was held
that Adjudicating Authority shall have to rectify
this mistake.
 In case the period for applying under Composition
Scheme was extended upto 30.9.2017, it was held
that those assessees who could not apply under
Composition Scheme upto 16.8.2017, their
applications would be accepted and shall have
effect from 1.7.2017.
 In case the assessee was permitted to avail
benefit of a Scheme issued under UP
Entertainments and Betting Tax Act, 1979 even
after shift to GST regime with effect from 1.7.2017
as there is no notification repealing the benefit as
in the past till 31.3.2020 and to retain percentage
of it, subject to final disposal of writ.
 In case the assessee has already paid clean energy
cess on purchase of coal, it was held that the
assessee may be given credit for such payment
and will not be required to make any further
payment under GST for effecting sales and
clearances, subject to the furnishing of proof of
such payment by assessee to officers.
Applicability of IGST/GST on goods transferred/sold while
being deposited in a warehouse
As per Circular No. 46/2017-Customs, Dated- 24th
November, 2017 Government has clarified the
Applicability of IGST/GST on goods transferred / sold while
being deposited in a custom bonded warehouse.
Customs Act provides for deposit of goods into a customs
bonded warehouse licensed under Section 57 or 58 or 58A
without payment of duty and the procedures to be
followed with respect to the warehoused goods.
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 2
EDITORIAL
Sub-section (5) of section 59 provides that the importer is
at liberty to transfer the ownership of such goods to
another person while the goods remain deposited in the
warehouse.
It is to be noted that the value of imported goods, for
purposes of charging customs duty, is determined as per
section 14 of the Customs Act, 1962 at the time of import
i.e. at the time of filing of the into-bond Bill of Entry.
Any costs incurred after the import of goods, such as, port
charges / port demurrage charges or costs for customs
clearing or transporting the goods from the port to the
customs bonded warehouse or costs of storage at the
customs bonded warehouse, cannot be added to the value
of the goods, for the purpose of levy of duties of customs
at the stage of ex-bonding.
Further, Section15 (1)(b) of the Customs Act provides that
the rate of duty or tariff valuation for an ex-bond Bill of
Entry shall be the date on which it is filed.
There is no provision to vary the assessable value of the
goods at the ex-bond stage unless they are such goods on
which tariff valuation applies. Therefore, duties of
customs (BCD + IGST) shall be paid on the imported goods
at the stage of ex-bonding on the value determined under
section 14 of the Customs Act.
However, the transaction of sale / transfer etc. of the
warehoused goods between the importer and any other
person may be at a price higher than the assessable value
of such goods. Such a transaction squarely falls within the
definition of "supply" as per section 7 of the CGST Act,
2017 and shall be taxable in terms of section 9 of the CGST
Act read with section 20 of IGST Act.
It may be noted that as per sub-section (2) of section 7 of
the IGST Act, any supply of imported goods which takes
place before they cross the customs frontiers of India,
shall be treated as an inter-State supply. Thus, such a
transaction of sale/transfer will be subject to IGST under
the IGST Act. The value of such supply shall be determined
in terms of section 15 of the CGST Act read with section 20
of the IGST Act and the rules madethereunder,
without prejudice to the fact that customs duty (which
includes BCD and applicable IGST payable under the
Customs Tariff Act) will be levied and collected at the ex-
bond stage.
Thus, in respect of goods stored in a customs bonded
warehouse, there is a possibility that certain cases may
involve an additional taxable event, if a transfer of
ownership of warehoused goods takes place between the
importer and another person, before clearance of the
goods, whether for home consumption or for export.
In other words, when goods remain deposited in a
customs bonded warehouse and are transferred by the
importer to another person, the transaction will be subject
to payment of IGST at the value determined as per section
20 of the IGST Act read with section 15 of the CGST Act,
2017 and the rules made thereunder and the tax liability
shall be reckoned as per section 9 of the CGST Act, 2017.
However, it may be noted that so long as such goods
remain deposited in the warehouse the customs duty to
be collected shall remain deferred.
Further, it is only when such goods are ex-bonded under
section 68, shall the deferred duty be collected, at the
value as had been determined under section 14 of the
Customs Act, 1962 in addition to IGST leviable.
We do hope that this bulletin adds value to your
professional sphere.
Just to reiterate that we remain available over telecom
or e-mail.
Truly Yours
TimirBaranChatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
VivekJalan
FCA, LL.B, B. Com(H)
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 3
SYNOPSIS
S.NO. TOPICS
PAGE
NO.
1] TAX CALENDAR 5
2] GOODS & SERVICE TAX (GST)
a) GST: CGST 6
Notification/Circular CHANGES CGST RATES FOR SUPPLY OF SERVICES
Notification/Circular EXEMPTION OF ADMISSION TO 'PROTECTED MONUMENT'
Notification/Circular FURNISHING OF RETURN IN FORM GSTR-3B TILL MARCH, 2018 IS MANDATORY
Notification/Circular QUARTERLY FURNISHING OF FORM GSTR-1
Notification/Circular DUE DATES FOR THE FURNISHING OF FORM GSTR-1
b) GST: IGST 7
Notification/Circular EXEMPTION TO ADMISSION TO “PROTECTED MONUMENT”
Notification/Circular EXTENTION OF THE BENEFIT OF IGST EXEMPTION
Notification/Circular AMENDMENT IN INTEGRATED GOODS AND SERVICES TAX RULES, 2017
c) GST: SGST/UTGST 8
Notification/Circular
WAIVER OF THE LATE FEE PAYABLE ON RETURN IN FORM GSTR-3B FOR THE MONTH OF
JULY, 2017
Notification/Circular
EXTENTION OF THE TIME LIMIT FOR FURNISHING THE RETURN FOR THE MONTH OF JULY,
2017
Notification/Circular TDS DEDUCTION ON PAYMENT
Notification/Circular INTER-STATE TAXABLE SUPPLIES OF HANDICRAFT GOODS
Notification/Circular DUE DATE FOR FILING OF RETURN IN FORM GSTR-3B
3] INCOME TAXES 9
Notification/Circular INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE SEMI-ARID TROPICS
Notification/Circular INDIRECT TRANSFER PROVISIONS IN CASE OF REDEMPTION OF SHARE OR INTEREST
OUTSIDE INDIA UNDER THE INCOME-TAX ACT, 1961
4] CUSTOMS 10
Notification/Circular EXEMPTION OF DRUGS AND IGST ON GOODS IMPORTED ON LEASE
Notification/Circular EXEMPTION TO IMPORT OF SPECIFIED GOODS WHEN IMPORTED BY EMINENT
SPORTSPERSON
Notification/Circular FIXATION OF TARIFF VALUE OF EDIBLE OILS, BRASS SCRAP, POPPY SEEDS, ARECA NUT,
GOLD AND SLIVER
Notification/Circular FORWARDING OF SAMPLES FOR TESTING TO THE OUTSIDE LABORATORIES
5] IN STANDS: A COMPENDIUM ON GOODS & SERVICES TAX 11
6] IN STANDS: A COMPENDIUM ON WEST BENGAL GOODS & SERVICES TAX 12
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 4
TAX CALENDAR
Due date
COMPLIANCES FROM 26th
November,
2017 to 02nd
December,2017
Description
30th
Nov
2017
IncomeTax
Form: 64A
Annual statement (of income distributed during the financial
year 2014-2015) by business trust to be electronically
submitted to the Principal Commissioner /Commissioner
30th Nov
2017
IncomeTax
Form: 64
Statement of Income distribution by venture capital company
or venture capital fund in respect of income distributed
during 2014-2015
30th Nov
2017
Income Tax Return (ITR) Due date of filing of return in the case of an assessee, which
is required to furnish a report referred to in section 92E
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 5
GST: CGST
NOTIFICATIONS/CIRCULARS
CHANGES CGST RATES FOR SUPPLY OF SERVICES
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
46/2017 - Central Tax (Rate)dated the 14th November,
2017 hereby makes amendments in the Notification No.
11/2017- Central Tax (Rate), dated 28th June, 2017
regarding the rates of supply of services under CGST Act,
2017.
Further it has been notified that specific rate of CGST
applied to the standalone restaurants is @ 2.5%, other
restaurant @ 9% and for handicraft goods the rate of job
work has been reduced to 2.5%.
It shall come into force with effect from the 15th day of
November, 2017.
EXEMPTION OF ADMISSION TO 'PROTECTED
MONUMENT'
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
47/2017 - Central Tax (Rate) dated 14th November,
2017 hereby makes amendments in the Notification No.
12/2017- Central Tax (Rate), dated 28th June, 2017
regarding exemption to admission to 'protected
monument'.
It further notifies that the Services by the way of
admission to a protected monument under the Ancient
Monuments and Archaeological Sites have been
exempted under CGST Act with effect from 15th of
November, 2017.
FURNISHING OF RETURN IN FORM GSTR-3B TILL
MARCH, 2018 IS MANDATORY
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
56/2017 - Central Tax dated 15th November, 2017
hereby specifies that the last date for filing of return in
FORM GSTR-3Bfor the month of January , February,
March 2018 are 20th
February , 20th
March, 20th
April
2018 respectively.
Moreover, every registered person furnishing the return
in FORM GSTR-3B discharge his liability towards tax,
interest, penalty, fees or any other amount payable by
debiting the electronic cash ledger or electronic credit
ledger, as the case may be, not later than the last date,
as mentioned above on which he is required to furnish
the GSTR 3B return.
QUARTERLY FURNISHING OF FORM GSTR-1
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
57/2017 - Central Tax dated 15th November, 2017
hereby notifies that the registered persons having
aggregate turnover of up to 1.5 crore rupees in the
preceding financial year or the current financial year shall
follow the special procedure for furnishing the details of
outward supply of goods or services or both in FORM
GSTR-1 effected during the quarter i.e., the time period
for furnishing the details in FORM GSTR-1 for the quarter
July - September, 2017 is 31st December, 2017, October -
December, 2017 is 15th February, 2018, January - March,
2018 is 30th April, 2018 respectively.
DUE DATES FOR THE FURNISHING OF FORM GSTR-1
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
58/2017 - Central Tax dated 15th November, 2017
hereby extends the time limit for furnishing the details of
outward supplies in FORM GSTR-1 for such class of
registered persons having aggregate turnover of more
than 1.5 crore rupees in the preceding financial year or
the current financial year as per following schedule:-
Months for which the
details in FORM GSTR-1
are furnished
Time period for furnishing the
details in FORM GSTR-1
July - October, 2017 31st December,2017
November, 2017 10th January, 2018
December, 2017 10th February,2018
January, 2018 10th March, 2018
February, 2018 10th April, 2018
March, 2018 10th May, 2018
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 6
GST: IGST
NOTIFICATIONS/CIRCULARS
EXEMPTION
MONUMENT”
TO ADMISSION TO “PROTECTED
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
49/2017-Integrated Tax (Rate) dated 14th November,
2017 hereby makes amendments in the Notification No.
9/2017- Integrated Tax (Rate), dated 28th June, 2017
regarding exemption to admission to 'protected
monument'.
It further notifies that the Services by the way of
admission to a protected monument under the Ancient
Monuments and Archaeological Sites have been
exempted under IGST Act with effect from 15th of
November, 2017.
For detailed description readers may refer the above
mentioned notification.
EXTENTION OF THE BENEFIT OF IGST EXEMPTION
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
50/2017-Integrated Tax (Rate) dated 14th November,
2017 hereby makes amendments in the Notification No.
30/2017- Integrated Tax (Rate), dated 22nd
September,
2017 regarding exemption of IGST on the supply of
Skimmed milk powder, or concentrated milk for use in
the production of milk.
Further it has been notified that the supply of Skimmed
milkpowder, or concentrated milk for use in the
production of milk will be exempted from IGST provided
that the distribution should be done through dairy co-
operatives to the companies that are registered under
the Companies Act, 2013.
It shall come into force on the 15th day of November
2017.
AMENDMENT IN INTEGRATED GOODS AND SERVICES
TAX RULES, 2017
OUR COMMENTS: The Department of Revenue, Ministry
of Finance, Government of India, vide Notification No.
12/2017 - Integrated Tax dated 15th November, 2017
hereby makes the following rules to amend the IGST
Rules 2017 regarding apportionment of IGST with respect
to advertisement services:-
The proportion of value attributable to different States or
Union territories, in the case of supply of advertisement
services to the Central Government, a State Government,
a statutory body or a local authority, of the IGST Act,
2017, in the absence of any contract between the
supplier of service and recipient of services, the value
shall be determined accordingly by such State or Union
territory, as the case may be. Following are some cases
listed below :-
 newspapers and publications, the amount payable
for publishing an advertisement in all the editions
of a newspaper or publication, which are published
in a State or Union territory.
 printed material like pamphlets, leaflets, diaries,
calendars, T-shirts etc, the amount payable for the
distribution of a specific number of such material
in a particular State or Union territory
 hoardings other than those on trains, the amount
payable for the hoardings located in each State or
Union territory and the advertisements placed on
trains, the breakup, calculated on the basis of the
ratio of the length of the railway track in each
State for that train, of the amount payable for such
advertisements.
 advertisements over radio stations the amount
payable to such radio station, which by virtue of its
name is part of a State or Unionterritory.
 advertisements at cinema halls the amount
payable to a cinema hall or screens in a multiplex,
in a State or Union territory, as the case may be
For detailed description readers may refer the above
mentioned notification.
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 7
GST: SGST/UTGST
NOTIFICATIONS/CIRCULARS
WAIVER OF THE LATE FEE PAYABLE ON RETURN IN
FORM GSTR-3B FOR THE MONTH OF JULY, 2017
OUR COMMENTS: The Commercial Taxes Department,
Government of Meghalaya vide Notification No.
65/2017/Pt/024 dated 1st November, 2017 hereby
waives the late fee payable for all registered persons
who failed to furnish the return in FORM GSTR-3B for the
month of July, 2017 by the due date i.e., 20th
August
2017.
EXTENTION OF THE TIME LIMIT FOR FURNISHING THE
RETURN FOR THE MONTH OF JULY, 2017
OUR COMMENTS: The Commercial Taxes Department,
Government of Meghalaya vide Notification No.
65/2017/Pt/025 dated 1st November, 2017 hereby
extends the time limit for furnishing the return for the
month of July, 2017, by a person supplying online
information and database access or retrieval services
from a place outside India to a non-taxable online
recipient till 15th
day of September,2017.
This notification is deemed to have come into force from
the 28th August, 2017.
TDS DEDUCTION ON PAYMENT
OUR COMMENTS: The Commercial Taxes Department,
Government of Meghalaya vide Notification No.
65/2017/Pt/026 dated 1st November, 2017 hereby
appoints 18th September, 2017 as the date on which the
provisions of tax deduction at source of the SGST Act
shall come into force with respect to persons as specified
in SGST Act and the persons specified below provided
that the said persons shall be liable to deduct tax from
the payment made or credited to the supplier of taxable
goods or services or both :-
 an authority or a board or any other body either
set up by an Act of Parliament or a State
Legislature or established by any Government,with
fifty-one percent or more participation by way of
equity or control, to carry out any function
 society established by the Central Government or
the State Government or a Local Authority under
the Societies Registration Act, 1860
 public sector undertakings
INTER-STATE TAXABLE SUPPLIES OF HANDICRAFT
GOODS
OUR COMMENTS: The Commercial Taxes Department,
Government of Meghalaya vide Notification No.
65/2017/Pt/027dated 1st Nov, 2017 hereby specifies
that the casual taxable persons who are making taxable
supplies of handicraft goods are exempted from
obtaining registration under SGST Act provided that the
aggregate value of supplies, does not exceed an amount
of twenty lakh rupees or ten lakh rupees as the case may
be in a financial year.
DUE DATE FOR FILING OF RETURN IN FORM GSTR-3B
OUR COMMENTS: The Commercial Taxes Department,
Government of West Bengal vide Notification No.
56/2017 – State Tax dated 15th
November, 2017 hereby
specifies that the return for the month as specified below
shall be furnished in FORM GSTR-3B electronically
through the common portal on or before the last dates as
the following :-
Month
Last Date for filing of return in FORM
GSTR-3B
January, 2018 20th February, 2018
February,2018 20th March, 2018
March, 2018 20th April, 2018
Moreover, every registered person furnishing the return
in FORM GSTR-3B discharge his liability towards tax,
interest, penalty, fees or any other amount payable by
debiting the electronic cash ledger or electronic credit
ledger.
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 8
INCOME TAXES
NOTIFICATIONS/CIRCULARS
INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE
SEMI-ARID TROPICS
OUR COMMENTS: The CBDT (Department of Revenue),
Ministry of Finance, Government of India vide
Notification No.96/2017 dated 14th
November, 2017
hereby notifies that the organization M/s International
Crops Research Institute for the Semi-Arid Tropics
('ICRISAT') has been approved by the Central
Government for the purpose of Expenditure on scientific
research of the from Assessment year 2017-2018
onwards in the category of 'Scientific Research
Association', subject to the following conditions:-
 The sole objective of the approved 'Scientific
Research Association' 'ICRISAT' shall be to
undertake scientific research.
 The approved organization shall carry out scientific
research by itself.
 The approved organization shall maintain separate
books of accounts for its activities and operations
performed by it through grants received.
'ICRISAT' in respect of the sums received by it for
scientific research, reflect therein the amounts
used for carrying out research, get such books
audited by an accountant and furnish the report of
such audit duly signed and verified by such
accountant to the Commissioner of Income-tax or
the Director of Income-tax having jurisdiction over
the case, by the due date of furnishing the return
of income.
 The approved organization shall maintain a
separate statement of donations received and
amounts applied for scientific research for
'ICRISAT' and a copy of such statement duly
certified by the auditor shall accompany the report
of audit referred to above.
The Central Government shall withdraw the approval if
the approved organization:-
 Fails to maintain separate books of accounts.
 Fails to furnish its audit report.
 Fails to furnish its statement of the donations
received and sums applied for scientific research.
 Ceases to carry on its research activities or its
research activities are not found to be genuine.
 Ceases to conform to and comply with the
provisions of Expenditure on scientific research .
INDIRECT TRANSFER PROVISIONS IN CASE OF
REDEMPTION OF SHARE OR INTEREST OUTSIDE INDIA
UNDER THE INCOME-TAX ACT, 1961
OUR COMMENTS: The CBDT (Department of Revenue),
Ministry of Finance, Government of India vide Circular
07th
No. 28/2017dated November, 2017 hereby
circulates regarding the clarification on Indirect Transfer
provisions in case of redemption of share or interest
outside India under the Income-tax Act, 1961.
Further it has been notified that all income accruing or
arising, whether directly or indirectly, through or from
any business connection in India, or through or from any
property in India, or through or from any asset or source
of income in India or through the transfer of a capital
asset situate in India, shall be deemed to accrue or arise
in India.
In multi-tiered investment structures, where interest or
share held indirectly by a non-resident in an Investment
Fund or a Venture Capital Company or a Venture Capital
Fund), is redeemed in an upstream entity outside India in
consequence of transfer of shares or securities held in
India by the specified funds, the income of which have
been subject to tax in India. In such cases, application of
indirect transfer provisions on redemption of share or
interest in the upstream entity may lead to multiple
taxation of the same income.
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 9
CUSTOMS
NOTIFICATIONS/CIRCULARS
EXEMPTION OF DRUGS AND IGST ON GOODS IMPORTED
ON LEASE
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.
85/2017-Customs dated 14th
November, 2017 hereby
makes amendments in the Notification No. 50/2017
Customs, dated 30th June, 2017, regarding the
exemption of life saving drugs that are supplied free of
cost and exemption of IGST on goods imported on lease.
Moreover it is further notified that all goods, vessels,
ships [other than motor vehicles] imported under lease,
by the importer for use after import and Lifesaving
drugs/medicines for personal use, supplied free of cost by
overseas supplier has been exempted under the Custom
duty.
For detailed description readers may refer the above
mentioned notification.
EXEMPTION TO IMPORT OF SPECIFIED GOODS WHEN
IMPORTED BY EMINENT SPORTSPERSON
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No.
86/2017 - Customs –Tariff dated 14th
November, 2017
hereby exempts the goods falling under the First
Schedule of the Customs Tariff Act, 1975 , in case it is
imported into India, by eminent sportsperson from whole
of the integrated tax leviable thereon subject to the
certain specified conditions.
For detailed description readers may refer the above
mentioned notification.
FIXATION OF TARIFF VALUE OF EDIBLE OILS, BRASS
SCRAP, POPPY SEEDS, ARECA NUT, GOLD AND SLIVER
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide Notification No
109/2017-Customs (N.T.) dated 15th
November, 2017
hereby makes amendment in the Notification No.
36/2001-Customs (N.T.), dated 3rd
August, 2001
regarding the Fixation of Tariff Value of Edible Oils, Brass
Scrap, Poppy Seeds, Areca Nut, Gold and Silver in the
following table:-
Description of goods Tariff value (US $Per
Metric Tonne)
Crude Palm Oil 729
RBD Palm Oil 762
Others – Palm Oil 746
Crude Palmolein 764
RBD Palmolein 767
Others – Palmolein 766
Crude Soya bean Oil 862
Brass Scrap (allgrades) 3675
Poppy seeds 2667
Gold 410 per 10 grams
Silver 546 per kilogram
Areca nuts 3965
FORWARDING OF SAMPLES FOR TESTING TO THE
OUTSIDE LABORATORIES
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry
of Finance, Government of India vide 43 /2017-Customs
dated 16th
November, 2017 hereby circulates regarding
forwarding of samples for testing to the outside
Laboratories.
Further it has been notified that CRCL has shortlisted the
items whose samples cannot be tested in their
Laboratories at present and also identified the
Laboratories functioning under
Ministries/Departments/Organizations
the
where
other
such
samples could be tested. Moreover the Commissioners of
Customs are requested to issue suitable Public Notice
based on aforementioned guidelines, prescribing detailed
procedures for empanelment of laboratories, techniques
for drawing & dispatching of samples, mechanism to
receive online reports etc., for guidance of all concerned.
For procedure of forwarding the samples to the
laboratories the reader may refer to the above
mentioned circular.
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 10
AVAILABLE IN STANDS
A COMPENDIUM ON GOODS & SERVICES TAX
(Including ALL Notifications till 09th July, 2017)
ABOUT THE BOOK: PART A of the Book provides a Chapter wise and Topic wise Analysis of the Law.
Along with this it provides Section and Rules where in the reader may find the Legal Provisions. It will
help the reader to first understand the provision and then to exactly locate the provision. It provides
an insight into the following:
1. Section-wise Compilation of IT Changes under GST
2. The GST Rates as finalised by The GST Council along with the HSN Code Referencer.
3. FAQs on GST
4. CGST, IGST, UTGST and The GST Compensation to States Acts
5. The Rules related to GST available in public Domain as on 17th June 2017.
6. The Forms and formats related to GST available in public Domain as on 17th June 2017.
Authors:
TimirBaranChatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
VivekJalan
FCA, LL.B., B.Com (Hons.)
Published by:
BOOK CORPORATION
4, R. N. Mukherjee Road
Kolkata 700001
Phones: (033) 64547999, 22306669, 22205367
Cell : 9830010297, 9331018333
Order by email:bookcorporation@gmail.com
Website :www.bookcorporation.com
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 11
AVAILABLE IN STANDS
A COMPENDIUM ON WEST BENGAL GOODS & SERVICES TAX
(Including ALL Notifications till date)
ABOUT THE BOOK: PART A of the Book provides a Chapter wise and Topic wise Analysis of the Law.
Along with this it provides Section and Rules where in the reader may find the Legal Provisions. It will
help the reader to first understand the provision and then to exactly locate the provision. It provides
an insight into the following:
1. The Rules related to WBGST available in public Domain till date.
2. The Notifications, Circulars and Orders issued by The SGST Authority till date.
3. The Forms and formats related to GST available in public Domain till date.
Authors:
TimirBaranChatterjee
M.Com, FCS, MBA (International Business)-IIFT, ACMA
VivekJalan
FCA, LL.B., B.Com (Hons.)
Published by:
BOOK CORPORATION
4, R. N. Mukherjee Road
Kolkata 700001
Phones: (033) 64547999, 22306669, 22205367
Cell : 9830010297, 9331018333
Order by email:bookcorporation@gmail.com
Website :www.bookcorporation.com
Tax Connect: 147th Issue
26th November 2017- 02nd December2017
Page 12

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Tax connect - 147th Issue

  • 1. Knowledge Partner: The Bengal Chamber of Commerce & Industry [ 147th Issue: 26th November 2017 – 02nd December2017 TAX CONNECT Kolkata Delhi Gujarat : 1, Old Court House Corner, “Tobacco House” 1st Floor, R.No.-13 (North), Kolkata-700001 : B 42 Retreat Apartments, 20 IP Extension, Delhi 110 092 : Quarter no. 3/174, Gujarat Refinery Township, Jawaharnagar, Vadodara-391320 Contact Website Email : +919331042424; +919831594980; +913322625203 : www.taxconnect.co.in : tb.chatterjee@taxconnect.co.in;vivek.jalan@taxconnect.co.in TAX CONNECT INCOME TAX CUSTOMS
  • 2. EDITORIAL Friends, Goods and Services Tax (GST), introduced from July 1, 2017 is now about 150 days old and has resulted in operational and implementation issues affecting all stakeholders. GST law, as drafted and legislated, is not free from the interpretational hassles. Taxpayers have started challenging various provisions of GST laws and rules framed there under. High courts have taken a liberal stand so far in view of the fact that law is new and is yet evolving. However, CBEC may move to supreme court where the verdict is against the Government. Here are few judicial pronouncements for information and guidance of various stakeholders. It is expected that the litigation is bound to go up as time passes by.  In case the assessee was registered as sole proprietor instead of partnership firm, it was held and directed to the department that the necessary GST ID/ password in the name of partnership firm shall be issued within a period of two weeks and the registration certificate be corrected within a week thereafter.  In case the assessee supplied goods to customer of Punjab, which it brought from its warehouse situated outside State of Punjab to its delivery hub located in Punjab and mentioned its TIN of Punjab in VAT -36 return, it was held that the said supply shall have to be treated as inter-state supply.  In case the assessee on enforcement of GST regime got itself migrated for purposes of GST as a partnership firm, but Adjudicating Authority had registered it as a sole proprietorship, it was held that Adjudicating Authority shall have to rectify this mistake.  In case the period for applying under Composition Scheme was extended upto 30.9.2017, it was held that those assessees who could not apply under Composition Scheme upto 16.8.2017, their applications would be accepted and shall have effect from 1.7.2017.  In case the assessee was permitted to avail benefit of a Scheme issued under UP Entertainments and Betting Tax Act, 1979 even after shift to GST regime with effect from 1.7.2017 as there is no notification repealing the benefit as in the past till 31.3.2020 and to retain percentage of it, subject to final disposal of writ.  In case the assessee has already paid clean energy cess on purchase of coal, it was held that the assessee may be given credit for such payment and will not be required to make any further payment under GST for effecting sales and clearances, subject to the furnishing of proof of such payment by assessee to officers. Applicability of IGST/GST on goods transferred/sold while being deposited in a warehouse As per Circular No. 46/2017-Customs, Dated- 24th November, 2017 Government has clarified the Applicability of IGST/GST on goods transferred / sold while being deposited in a custom bonded warehouse. Customs Act provides for deposit of goods into a customs bonded warehouse licensed under Section 57 or 58 or 58A without payment of duty and the procedures to be followed with respect to the warehoused goods. Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 2
  • 3. EDITORIAL Sub-section (5) of section 59 provides that the importer is at liberty to transfer the ownership of such goods to another person while the goods remain deposited in the warehouse. It is to be noted that the value of imported goods, for purposes of charging customs duty, is determined as per section 14 of the Customs Act, 1962 at the time of import i.e. at the time of filing of the into-bond Bill of Entry. Any costs incurred after the import of goods, such as, port charges / port demurrage charges or costs for customs clearing or transporting the goods from the port to the customs bonded warehouse or costs of storage at the customs bonded warehouse, cannot be added to the value of the goods, for the purpose of levy of duties of customs at the stage of ex-bonding. Further, Section15 (1)(b) of the Customs Act provides that the rate of duty or tariff valuation for an ex-bond Bill of Entry shall be the date on which it is filed. There is no provision to vary the assessable value of the goods at the ex-bond stage unless they are such goods on which tariff valuation applies. Therefore, duties of customs (BCD + IGST) shall be paid on the imported goods at the stage of ex-bonding on the value determined under section 14 of the Customs Act. However, the transaction of sale / transfer etc. of the warehoused goods between the importer and any other person may be at a price higher than the assessable value of such goods. Such a transaction squarely falls within the definition of "supply" as per section 7 of the CGST Act, 2017 and shall be taxable in terms of section 9 of the CGST Act read with section 20 of IGST Act. It may be noted that as per sub-section (2) of section 7 of the IGST Act, any supply of imported goods which takes place before they cross the customs frontiers of India, shall be treated as an inter-State supply. Thus, such a transaction of sale/transfer will be subject to IGST under the IGST Act. The value of such supply shall be determined in terms of section 15 of the CGST Act read with section 20 of the IGST Act and the rules madethereunder, without prejudice to the fact that customs duty (which includes BCD and applicable IGST payable under the Customs Tariff Act) will be levied and collected at the ex- bond stage. Thus, in respect of goods stored in a customs bonded warehouse, there is a possibility that certain cases may involve an additional taxable event, if a transfer of ownership of warehoused goods takes place between the importer and another person, before clearance of the goods, whether for home consumption or for export. In other words, when goods remain deposited in a customs bonded warehouse and are transferred by the importer to another person, the transaction will be subject to payment of IGST at the value determined as per section 20 of the IGST Act read with section 15 of the CGST Act, 2017 and the rules made thereunder and the tax liability shall be reckoned as per section 9 of the CGST Act, 2017. However, it may be noted that so long as such goods remain deposited in the warehouse the customs duty to be collected shall remain deferred. Further, it is only when such goods are ex-bonded under section 68, shall the deferred duty be collected, at the value as had been determined under section 14 of the Customs Act, 1962 in addition to IGST leviable. We do hope that this bulletin adds value to your professional sphere. Just to reiterate that we remain available over telecom or e-mail. Truly Yours TimirBaranChatterjee M.Com, FCS, MBA (International Business)-IIFT, ACMA VivekJalan FCA, LL.B, B. Com(H) Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 3
  • 4. SYNOPSIS S.NO. TOPICS PAGE NO. 1] TAX CALENDAR 5 2] GOODS & SERVICE TAX (GST) a) GST: CGST 6 Notification/Circular CHANGES CGST RATES FOR SUPPLY OF SERVICES Notification/Circular EXEMPTION OF ADMISSION TO 'PROTECTED MONUMENT' Notification/Circular FURNISHING OF RETURN IN FORM GSTR-3B TILL MARCH, 2018 IS MANDATORY Notification/Circular QUARTERLY FURNISHING OF FORM GSTR-1 Notification/Circular DUE DATES FOR THE FURNISHING OF FORM GSTR-1 b) GST: IGST 7 Notification/Circular EXEMPTION TO ADMISSION TO “PROTECTED MONUMENT” Notification/Circular EXTENTION OF THE BENEFIT OF IGST EXEMPTION Notification/Circular AMENDMENT IN INTEGRATED GOODS AND SERVICES TAX RULES, 2017 c) GST: SGST/UTGST 8 Notification/Circular WAIVER OF THE LATE FEE PAYABLE ON RETURN IN FORM GSTR-3B FOR THE MONTH OF JULY, 2017 Notification/Circular EXTENTION OF THE TIME LIMIT FOR FURNISHING THE RETURN FOR THE MONTH OF JULY, 2017 Notification/Circular TDS DEDUCTION ON PAYMENT Notification/Circular INTER-STATE TAXABLE SUPPLIES OF HANDICRAFT GOODS Notification/Circular DUE DATE FOR FILING OF RETURN IN FORM GSTR-3B 3] INCOME TAXES 9 Notification/Circular INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE SEMI-ARID TROPICS Notification/Circular INDIRECT TRANSFER PROVISIONS IN CASE OF REDEMPTION OF SHARE OR INTEREST OUTSIDE INDIA UNDER THE INCOME-TAX ACT, 1961 4] CUSTOMS 10 Notification/Circular EXEMPTION OF DRUGS AND IGST ON GOODS IMPORTED ON LEASE Notification/Circular EXEMPTION TO IMPORT OF SPECIFIED GOODS WHEN IMPORTED BY EMINENT SPORTSPERSON Notification/Circular FIXATION OF TARIFF VALUE OF EDIBLE OILS, BRASS SCRAP, POPPY SEEDS, ARECA NUT, GOLD AND SLIVER Notification/Circular FORWARDING OF SAMPLES FOR TESTING TO THE OUTSIDE LABORATORIES 5] IN STANDS: A COMPENDIUM ON GOODS & SERVICES TAX 11 6] IN STANDS: A COMPENDIUM ON WEST BENGAL GOODS & SERVICES TAX 12 Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 4
  • 5. TAX CALENDAR Due date COMPLIANCES FROM 26th November, 2017 to 02nd December,2017 Description 30th Nov 2017 IncomeTax Form: 64A Annual statement (of income distributed during the financial year 2014-2015) by business trust to be electronically submitted to the Principal Commissioner /Commissioner 30th Nov 2017 IncomeTax Form: 64 Statement of Income distribution by venture capital company or venture capital fund in respect of income distributed during 2014-2015 30th Nov 2017 Income Tax Return (ITR) Due date of filing of return in the case of an assessee, which is required to furnish a report referred to in section 92E Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 5
  • 6. GST: CGST NOTIFICATIONS/CIRCULARS CHANGES CGST RATES FOR SUPPLY OF SERVICES OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 46/2017 - Central Tax (Rate)dated the 14th November, 2017 hereby makes amendments in the Notification No. 11/2017- Central Tax (Rate), dated 28th June, 2017 regarding the rates of supply of services under CGST Act, 2017. Further it has been notified that specific rate of CGST applied to the standalone restaurants is @ 2.5%, other restaurant @ 9% and for handicraft goods the rate of job work has been reduced to 2.5%. It shall come into force with effect from the 15th day of November, 2017. EXEMPTION OF ADMISSION TO 'PROTECTED MONUMENT' OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 47/2017 - Central Tax (Rate) dated 14th November, 2017 hereby makes amendments in the Notification No. 12/2017- Central Tax (Rate), dated 28th June, 2017 regarding exemption to admission to 'protected monument'. It further notifies that the Services by the way of admission to a protected monument under the Ancient Monuments and Archaeological Sites have been exempted under CGST Act with effect from 15th of November, 2017. FURNISHING OF RETURN IN FORM GSTR-3B TILL MARCH, 2018 IS MANDATORY OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 56/2017 - Central Tax dated 15th November, 2017 hereby specifies that the last date for filing of return in FORM GSTR-3Bfor the month of January , February, March 2018 are 20th February , 20th March, 20th April 2018 respectively. Moreover, every registered person furnishing the return in FORM GSTR-3B discharge his liability towards tax, interest, penalty, fees or any other amount payable by debiting the electronic cash ledger or electronic credit ledger, as the case may be, not later than the last date, as mentioned above on which he is required to furnish the GSTR 3B return. QUARTERLY FURNISHING OF FORM GSTR-1 OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 57/2017 - Central Tax dated 15th November, 2017 hereby notifies that the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year shall follow the special procedure for furnishing the details of outward supply of goods or services or both in FORM GSTR-1 effected during the quarter i.e., the time period for furnishing the details in FORM GSTR-1 for the quarter July - September, 2017 is 31st December, 2017, October - December, 2017 is 15th February, 2018, January - March, 2018 is 30th April, 2018 respectively. DUE DATES FOR THE FURNISHING OF FORM GSTR-1 OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 58/2017 - Central Tax dated 15th November, 2017 hereby extends the time limit for furnishing the details of outward supplies in FORM GSTR-1 for such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year as per following schedule:- Months for which the details in FORM GSTR-1 are furnished Time period for furnishing the details in FORM GSTR-1 July - October, 2017 31st December,2017 November, 2017 10th January, 2018 December, 2017 10th February,2018 January, 2018 10th March, 2018 February, 2018 10th April, 2018 March, 2018 10th May, 2018 Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 6
  • 7. GST: IGST NOTIFICATIONS/CIRCULARS EXEMPTION MONUMENT” TO ADMISSION TO “PROTECTED OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 49/2017-Integrated Tax (Rate) dated 14th November, 2017 hereby makes amendments in the Notification No. 9/2017- Integrated Tax (Rate), dated 28th June, 2017 regarding exemption to admission to 'protected monument'. It further notifies that the Services by the way of admission to a protected monument under the Ancient Monuments and Archaeological Sites have been exempted under IGST Act with effect from 15th of November, 2017. For detailed description readers may refer the above mentioned notification. EXTENTION OF THE BENEFIT OF IGST EXEMPTION OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 50/2017-Integrated Tax (Rate) dated 14th November, 2017 hereby makes amendments in the Notification No. 30/2017- Integrated Tax (Rate), dated 22nd September, 2017 regarding exemption of IGST on the supply of Skimmed milk powder, or concentrated milk for use in the production of milk. Further it has been notified that the supply of Skimmed milkpowder, or concentrated milk for use in the production of milk will be exempted from IGST provided that the distribution should be done through dairy co- operatives to the companies that are registered under the Companies Act, 2013. It shall come into force on the 15th day of November 2017. AMENDMENT IN INTEGRATED GOODS AND SERVICES TAX RULES, 2017 OUR COMMENTS: The Department of Revenue, Ministry of Finance, Government of India, vide Notification No. 12/2017 - Integrated Tax dated 15th November, 2017 hereby makes the following rules to amend the IGST Rules 2017 regarding apportionment of IGST with respect to advertisement services:- The proportion of value attributable to different States or Union territories, in the case of supply of advertisement services to the Central Government, a State Government, a statutory body or a local authority, of the IGST Act, 2017, in the absence of any contract between the supplier of service and recipient of services, the value shall be determined accordingly by such State or Union territory, as the case may be. Following are some cases listed below :-  newspapers and publications, the amount payable for publishing an advertisement in all the editions of a newspaper or publication, which are published in a State or Union territory.  printed material like pamphlets, leaflets, diaries, calendars, T-shirts etc, the amount payable for the distribution of a specific number of such material in a particular State or Union territory  hoardings other than those on trains, the amount payable for the hoardings located in each State or Union territory and the advertisements placed on trains, the breakup, calculated on the basis of the ratio of the length of the railway track in each State for that train, of the amount payable for such advertisements.  advertisements over radio stations the amount payable to such radio station, which by virtue of its name is part of a State or Unionterritory.  advertisements at cinema halls the amount payable to a cinema hall or screens in a multiplex, in a State or Union territory, as the case may be For detailed description readers may refer the above mentioned notification. Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 7
  • 8. GST: SGST/UTGST NOTIFICATIONS/CIRCULARS WAIVER OF THE LATE FEE PAYABLE ON RETURN IN FORM GSTR-3B FOR THE MONTH OF JULY, 2017 OUR COMMENTS: The Commercial Taxes Department, Government of Meghalaya vide Notification No. 65/2017/Pt/024 dated 1st November, 2017 hereby waives the late fee payable for all registered persons who failed to furnish the return in FORM GSTR-3B for the month of July, 2017 by the due date i.e., 20th August 2017. EXTENTION OF THE TIME LIMIT FOR FURNISHING THE RETURN FOR THE MONTH OF JULY, 2017 OUR COMMENTS: The Commercial Taxes Department, Government of Meghalaya vide Notification No. 65/2017/Pt/025 dated 1st November, 2017 hereby extends the time limit for furnishing the return for the month of July, 2017, by a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient till 15th day of September,2017. This notification is deemed to have come into force from the 28th August, 2017. TDS DEDUCTION ON PAYMENT OUR COMMENTS: The Commercial Taxes Department, Government of Meghalaya vide Notification No. 65/2017/Pt/026 dated 1st November, 2017 hereby appoints 18th September, 2017 as the date on which the provisions of tax deduction at source of the SGST Act shall come into force with respect to persons as specified in SGST Act and the persons specified below provided that the said persons shall be liable to deduct tax from the payment made or credited to the supplier of taxable goods or services or both :-  an authority or a board or any other body either set up by an Act of Parliament or a State Legislature or established by any Government,with fifty-one percent or more participation by way of equity or control, to carry out any function  society established by the Central Government or the State Government or a Local Authority under the Societies Registration Act, 1860  public sector undertakings INTER-STATE TAXABLE SUPPLIES OF HANDICRAFT GOODS OUR COMMENTS: The Commercial Taxes Department, Government of Meghalaya vide Notification No. 65/2017/Pt/027dated 1st Nov, 2017 hereby specifies that the casual taxable persons who are making taxable supplies of handicraft goods are exempted from obtaining registration under SGST Act provided that the aggregate value of supplies, does not exceed an amount of twenty lakh rupees or ten lakh rupees as the case may be in a financial year. DUE DATE FOR FILING OF RETURN IN FORM GSTR-3B OUR COMMENTS: The Commercial Taxes Department, Government of West Bengal vide Notification No. 56/2017 – State Tax dated 15th November, 2017 hereby specifies that the return for the month as specified below shall be furnished in FORM GSTR-3B electronically through the common portal on or before the last dates as the following :- Month Last Date for filing of return in FORM GSTR-3B January, 2018 20th February, 2018 February,2018 20th March, 2018 March, 2018 20th April, 2018 Moreover, every registered person furnishing the return in FORM GSTR-3B discharge his liability towards tax, interest, penalty, fees or any other amount payable by debiting the electronic cash ledger or electronic credit ledger. Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 8
  • 9. INCOME TAXES NOTIFICATIONS/CIRCULARS INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE SEMI-ARID TROPICS OUR COMMENTS: The CBDT (Department of Revenue), Ministry of Finance, Government of India vide Notification No.96/2017 dated 14th November, 2017 hereby notifies that the organization M/s International Crops Research Institute for the Semi-Arid Tropics ('ICRISAT') has been approved by the Central Government for the purpose of Expenditure on scientific research of the from Assessment year 2017-2018 onwards in the category of 'Scientific Research Association', subject to the following conditions:-  The sole objective of the approved 'Scientific Research Association' 'ICRISAT' shall be to undertake scientific research.  The approved organization shall carry out scientific research by itself.  The approved organization shall maintain separate books of accounts for its activities and operations performed by it through grants received. 'ICRISAT' in respect of the sums received by it for scientific research, reflect therein the amounts used for carrying out research, get such books audited by an accountant and furnish the report of such audit duly signed and verified by such accountant to the Commissioner of Income-tax or the Director of Income-tax having jurisdiction over the case, by the due date of furnishing the return of income.  The approved organization shall maintain a separate statement of donations received and amounts applied for scientific research for 'ICRISAT' and a copy of such statement duly certified by the auditor shall accompany the report of audit referred to above. The Central Government shall withdraw the approval if the approved organization:-  Fails to maintain separate books of accounts.  Fails to furnish its audit report.  Fails to furnish its statement of the donations received and sums applied for scientific research.  Ceases to carry on its research activities or its research activities are not found to be genuine.  Ceases to conform to and comply with the provisions of Expenditure on scientific research . INDIRECT TRANSFER PROVISIONS IN CASE OF REDEMPTION OF SHARE OR INTEREST OUTSIDE INDIA UNDER THE INCOME-TAX ACT, 1961 OUR COMMENTS: The CBDT (Department of Revenue), Ministry of Finance, Government of India vide Circular 07th No. 28/2017dated November, 2017 hereby circulates regarding the clarification on Indirect Transfer provisions in case of redemption of share or interest outside India under the Income-tax Act, 1961. Further it has been notified that all income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India or through the transfer of a capital asset situate in India, shall be deemed to accrue or arise in India. In multi-tiered investment structures, where interest or share held indirectly by a non-resident in an Investment Fund or a Venture Capital Company or a Venture Capital Fund), is redeemed in an upstream entity outside India in consequence of transfer of shares or securities held in India by the specified funds, the income of which have been subject to tax in India. In such cases, application of indirect transfer provisions on redemption of share or interest in the upstream entity may lead to multiple taxation of the same income. Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 9
  • 10. CUSTOMS NOTIFICATIONS/CIRCULARS EXEMPTION OF DRUGS AND IGST ON GOODS IMPORTED ON LEASE OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry of Finance, Government of India vide Notification No. 85/2017-Customs dated 14th November, 2017 hereby makes amendments in the Notification No. 50/2017 Customs, dated 30th June, 2017, regarding the exemption of life saving drugs that are supplied free of cost and exemption of IGST on goods imported on lease. Moreover it is further notified that all goods, vessels, ships [other than motor vehicles] imported under lease, by the importer for use after import and Lifesaving drugs/medicines for personal use, supplied free of cost by overseas supplier has been exempted under the Custom duty. For detailed description readers may refer the above mentioned notification. EXEMPTION TO IMPORT OF SPECIFIED GOODS WHEN IMPORTED BY EMINENT SPORTSPERSON OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry of Finance, Government of India vide Notification No. 86/2017 - Customs –Tariff dated 14th November, 2017 hereby exempts the goods falling under the First Schedule of the Customs Tariff Act, 1975 , in case it is imported into India, by eminent sportsperson from whole of the integrated tax leviable thereon subject to the certain specified conditions. For detailed description readers may refer the above mentioned notification. FIXATION OF TARIFF VALUE OF EDIBLE OILS, BRASS SCRAP, POPPY SEEDS, ARECA NUT, GOLD AND SLIVER OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry of Finance, Government of India vide Notification No 109/2017-Customs (N.T.) dated 15th November, 2017 hereby makes amendment in the Notification No. 36/2001-Customs (N.T.), dated 3rd August, 2001 regarding the Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver in the following table:- Description of goods Tariff value (US $Per Metric Tonne) Crude Palm Oil 729 RBD Palm Oil 762 Others – Palm Oil 746 Crude Palmolein 764 RBD Palmolein 767 Others – Palmolein 766 Crude Soya bean Oil 862 Brass Scrap (allgrades) 3675 Poppy seeds 2667 Gold 410 per 10 grams Silver 546 per kilogram Areca nuts 3965 FORWARDING OF SAMPLES FOR TESTING TO THE OUTSIDE LABORATORIES OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry of Finance, Government of India vide 43 /2017-Customs dated 16th November, 2017 hereby circulates regarding forwarding of samples for testing to the outside Laboratories. Further it has been notified that CRCL has shortlisted the items whose samples cannot be tested in their Laboratories at present and also identified the Laboratories functioning under Ministries/Departments/Organizations the where other such samples could be tested. Moreover the Commissioners of Customs are requested to issue suitable Public Notice based on aforementioned guidelines, prescribing detailed procedures for empanelment of laboratories, techniques for drawing & dispatching of samples, mechanism to receive online reports etc., for guidance of all concerned. For procedure of forwarding the samples to the laboratories the reader may refer to the above mentioned circular. Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 10
  • 11. AVAILABLE IN STANDS A COMPENDIUM ON GOODS & SERVICES TAX (Including ALL Notifications till 09th July, 2017) ABOUT THE BOOK: PART A of the Book provides a Chapter wise and Topic wise Analysis of the Law. Along with this it provides Section and Rules where in the reader may find the Legal Provisions. It will help the reader to first understand the provision and then to exactly locate the provision. It provides an insight into the following: 1. Section-wise Compilation of IT Changes under GST 2. The GST Rates as finalised by The GST Council along with the HSN Code Referencer. 3. FAQs on GST 4. CGST, IGST, UTGST and The GST Compensation to States Acts 5. The Rules related to GST available in public Domain as on 17th June 2017. 6. The Forms and formats related to GST available in public Domain as on 17th June 2017. Authors: TimirBaranChatterjee M.Com, FCS, MBA (International Business)-IIFT, ACMA VivekJalan FCA, LL.B., B.Com (Hons.) Published by: BOOK CORPORATION 4, R. N. Mukherjee Road Kolkata 700001 Phones: (033) 64547999, 22306669, 22205367 Cell : 9830010297, 9331018333 Order by email:bookcorporation@gmail.com Website :www.bookcorporation.com Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 11
  • 12. AVAILABLE IN STANDS A COMPENDIUM ON WEST BENGAL GOODS & SERVICES TAX (Including ALL Notifications till date) ABOUT THE BOOK: PART A of the Book provides a Chapter wise and Topic wise Analysis of the Law. Along with this it provides Section and Rules where in the reader may find the Legal Provisions. It will help the reader to first understand the provision and then to exactly locate the provision. It provides an insight into the following: 1. The Rules related to WBGST available in public Domain till date. 2. The Notifications, Circulars and Orders issued by The SGST Authority till date. 3. The Forms and formats related to GST available in public Domain till date. Authors: TimirBaranChatterjee M.Com, FCS, MBA (International Business)-IIFT, ACMA VivekJalan FCA, LL.B., B.Com (Hons.) Published by: BOOK CORPORATION 4, R. N. Mukherjee Road Kolkata 700001 Phones: (033) 64547999, 22306669, 22205367 Cell : 9830010297, 9331018333 Order by email:bookcorporation@gmail.com Website :www.bookcorporation.com Tax Connect: 147th Issue 26th November 2017- 02nd December2017 Page 12