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A P R I L 0 7 , 2 0 2 0 | T U E S D A Y I S S U E 2 0 3
THE DAILY
LIFELINE
Official Newsletter of Diucon
BIGGEST CHALLENGE-
HOW TO KEEP UPDATED
ON DAILY BASIS
Laws are changing frequently in India, there are big
developments and announcements on daily basis in
Economic & Finance world and many other reforms are on
the way. This newsletter will keep you updated on daily
basis along with documents taken from authentic sources.
By Pradeep Goyal, FCA | CFA | CPA, Australia |
Registered Valuer | Insolvency Professional |
ID-IICA | ICAI Certified GST Expert
WHAT'S NEW IN
PROFESSIONAL/
BUSINESS
WORLD TODAY
Goods & Service Tax
Direct Tax Code
Income Tax
Economy | Finance
Insolvency Laws
Corporate Laws
INDEX
UPDATES RELATED TO
 New Direct Tax Code
 Goods & Service Tax & Other Indirect Taxes
 Income Tax
 Announcements by ICAI
 Announcements by ICSI
 Corporate Laws
 The Insolvency and Bankruptcy Law
 Security and Exchange Board of India (SEBI)
 Director General of Foreign Trade (DGFT)
 Start-ups
 Micro, Small & Medium Enterprises
 Reserve Bank of India
 New acts notified/Bills introduced in parliament or Executive
orders by President
 Economy & Finance.
[From Monday to Friday 5 days a week as Saturdays and Sundays being holiday and
closure of all government departments hence no updates]
Page 1 of 5
 Goods & Service Tax & other Indirect taxes
 Notifications/Circulars/Press releases/FAQs/Portal Updates/Write-ups by
CBIC/Government
 GSTN release details of filing Dates extended for providing relief to taxpayers in
view of COVID-19 pandemic in 2 parts-
 Download Part- 1 here
 Download Part-2 here
 Legal updates- Advance Ruling Authorities/Tribunals/High Courts/Supreme Court
Sr.No.
Key to find the
document
Authority who
passed the order
Details of decision
Provisions
discussed
Decision
1 [2020] 116
taxmann.com 19
Essar Power
Gujarat Ltd.
v.
Union of India
R/SPECIAL CIVIL
APPLICATION NO.
1417 OF 2020
JANUARY 29, 2020
Gujrat High Court Section 5
of IGST
Act.
Notifications levying
IGST on importer on
‘Ocean Freight’
component are ultra
vires to the IGST Act
Notification No.
8/2017-Integrated Tax
(Rate), dated 28-6-
2017 and Entry 10 of
Notification No.
10/2017 - Integrated
Tax (Rate), dated 28-
6-2017 are ultra vires
to Integrated Goods
and Services Tax Act
on ground of lack
legislative
competency.
Page 2 of 5
Sr.No.
Key to find the
document
Authority
who
passed
the order
Details of decision
Provisions
discussed
Decision
2 [2020] 116
taxmann.com 23
Mahendrasinh
(Mahendraji)
Chaganji Gohel
v. State of Gujarat
R/CRIMINAL MISC
APPLICATION NO.
22110 OF 2019
DECEMBER 18,
2019
Gujrat
High
Court
Section 132
of CGST
Act.
Where assessee for offence
punishable under section
132(1)(b) was in custody
since 17-10-2019, considering
fact that GST Authorities
were unable to bring on
record any special
circumstances against
assessee, he was ordered to
be released on regular bail.
3 [2020] 116
taxmann.com 24
Vikas Goel v.
Deputy Director,
DDGSIC, Gurugram
CRM-M NO. 18992
OF 2019
JULY 24, 2019
High
Court of
Punjab
and
Haryana
Section 132
of CGST
Act
Where assessee for offence
punishable under section 132
was in custody and
allegations against him were
that he had wrongly claimed
relief of more than Rs. 80
crores, assessee was not
entitled to benefit of regular
bail.
4 [2020] 116
taxmann.com 25
Meghmani
Organics Ltd.
v. State of Gujarat
R/SPECIAL CIVIL
APPLICATION NO.
14008 OF 2019
JANUARY 8, 2020
Gujrat
High
Court
Section 129
of CGST
Act
Where Competent Authority
had detained goods of
assessee under transport
and passed order under
section 129(3) imposing tax
and penalty without giving
opportunity of hearing,
impugned order deserved to
be set aside and Competent
Authority was to be directed
to pass appropriate order
after giving opportunity of
hearing to assessee
Page 3 of 5
 News/Latest Developments/Other updates
 Coronavirus lockdown: Over 1,700 GST officers get work from home access
The goods and services network (GSTN) said in its release that the tax officers
have processed over 10,000 new registrations and about 8,000 refund
applications in the first 10 days of lockdown until April 3, working through Virtual
Private Network (VPN).
Business Today report
ET Report
 Income Tax
 Legal updates- Tribunals, High Court & Supreme Court judgements
Sr.No. Key to find the
document
Authority
who
passed
the order
Details of decision
Provisions
discussed
Decision
1 [2020] 116
taxmann.com 27
Jivraj Tea Ltd.
v.
Assistant
Commissioner of
Income-tax, Circle
1(1)(2)
R/SPECIAL CIVIL
APPLICATION
NO. 20820 OF
2018
JANUARY 27,
2020
Gujrat
High
Court
Section
37(1), read
with
sections
147 and
148, of the
Income-
tax Act,
1961
Gujarat HC quashes
reassessment as there was no
failure on part of assessee to
disclose material facts
Where Assessing Officer
completed assessment of
assessee under section 143(3)
and later reopened same for
reason that income during year
had escaped assessment and
issued notice under section 148
beyond period of four years,
since in facts of case there was
hardly anything on record to
indicate that there was failure
on part of assessee to disclose
truly and fully all material facts
and also there was no tangible
material available for purpose
of issuing notice for reopening
beyond period of four years,
impugned notice under section
148 required to be quashed.
Page 4 of 5
 News/Latest Developments/Other updates
 Income Tax Appellate Tribunal holds All India Video Conference on ‘The Direct
Tax Vivad Se Vishwas Act, 2020’
ITAT President Justice P.P. Bhatt encourages stakeholders to avail the Scheme
so as reduce pending tax litigation/ Government open to suggestions for better
implementation of the scheme and propose amendments to the Bill, says Mr.
P.C. Mody, Chairman, CBDT.
Law Ministry Press Release
 Announcement by ICAI
 Auditing and Assurance Standards Board of ICAI is organizing Live Webcast on
“COVID 19: Impact on audit processes, including observation of stock
verification; audit of estimates; recoverability assessments; electronic audit
evidence instead of original documents, etc.” jointly with Committee for
Members in Practice, ICAI on 8th April 2020.
More details here
 The Insolvency and Bankruptcy Law
 Legal updates- NCLT | NCLAT | SUPREME COURT
Sr.No. Key to find the
document
Authority
who passed
the order
Details of decision
Provisions
discussed
Decision
1 [2020] 115
taxmann.com 378
Punjab National Bank
v. Ionik Casting (P.)
Ltd.
C.P. (IB) NO.
129/7/NCLT/AHM/2017
JANUARY 1, 2020
NCLT
Ahmedabad
Section
238A of
IBC 2016
Matter referred to
president of NCLT as there
were difference of
opinion between
members
Where on point of
limitation there was
difference of opinion
between members of
NCLT regarding admission
of petition to initiate CIRP,
matter referred.
Page 5 of 5
 News/Latest Developments/Other updates
 Covid shadow hangs heavy over insolvency proceedings.
Besides denting valuation of assets, lockdown seen delaying resolution. The
hiatus in insolvency proceedings could have an adverse impact on the valuations
of already stressed assets and possibly lead to a further delay in finding a
resolution.
Business Line Report
 Indian Institute of Insolvency Professionals of ICAI(IIIPI) advised its members
not to submit the Half Yearly Return (Oct'19-Mar'20) due as on 31/03/2020 till
receipt of further communication from us in this regard.
 Economy & Finance
 India Inc steps up efforts to mitigate impact of coronavirus pandemic.
It is not just governments and central banks which have stepped up the efforts
to fight the coronavirus pandemic. The private sector, too, is doing its part.
According to BoFA Securities, the measures announced by private firms will not
only help fight the virus, but will also boost their prospects at the bourses.
“Companies allocating resources to fight the crisis are likely to foster employee
and community goodwill and to enhance brand and reputation — all of which
have been critical drivers of performance in general and even more so recently.
In fact, companies with a track record of good employer/employee relations
have markedly outperformed peers during this bear market,” says BofA in a
note. Here is a list of Indian firms and their initiatives, compiled by the
brokerage.
Business Standard Report
STAY HOME || STAY SAFE
SAVE WATER || SAVE UNIVERSE
=============================================
About Scribbler
PRADEEP GOYAL
 Fellow Member of the Institute of
Chartered Accountants of India.
 Associate member of Professional
Accounting Body of Certified
Practising Accountants (CPA),
Australia.
 Registered Valuer with IBBI- Asset
Class- Securities or Financial Assets
 CFA (Corporate Finance)- Columbia
Business School, USA | EMERITUS
Institute of Management, Singapore.
 Certified Goods & Service Tax
Practitioner from ICAI & Ministry of
Micro, Small & Medium Enterprises,
Government of India.
================================
Connect
pradeep@pgaa.in +91-9811777103
[Double click on icons to open]
Page
http://www.pgaa.in
Knowledge shared= Knowledge2
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Newsletter on daily professional updates- 07/04/2020

  • 1. A P R I L 0 7 , 2 0 2 0 | T U E S D A Y I S S U E 2 0 3 THE DAILY LIFELINE Official Newsletter of Diucon BIGGEST CHALLENGE- HOW TO KEEP UPDATED ON DAILY BASIS Laws are changing frequently in India, there are big developments and announcements on daily basis in Economic & Finance world and many other reforms are on the way. This newsletter will keep you updated on daily basis along with documents taken from authentic sources. By Pradeep Goyal, FCA | CFA | CPA, Australia | Registered Valuer | Insolvency Professional | ID-IICA | ICAI Certified GST Expert WHAT'S NEW IN PROFESSIONAL/ BUSINESS WORLD TODAY Goods & Service Tax Direct Tax Code Income Tax Economy | Finance Insolvency Laws Corporate Laws
  • 2. INDEX UPDATES RELATED TO  New Direct Tax Code  Goods & Service Tax & Other Indirect Taxes  Income Tax  Announcements by ICAI  Announcements by ICSI  Corporate Laws  The Insolvency and Bankruptcy Law  Security and Exchange Board of India (SEBI)  Director General of Foreign Trade (DGFT)  Start-ups  Micro, Small & Medium Enterprises  Reserve Bank of India  New acts notified/Bills introduced in parliament or Executive orders by President  Economy & Finance. [From Monday to Friday 5 days a week as Saturdays and Sundays being holiday and closure of all government departments hence no updates]
  • 3. Page 1 of 5  Goods & Service Tax & other Indirect taxes  Notifications/Circulars/Press releases/FAQs/Portal Updates/Write-ups by CBIC/Government  GSTN release details of filing Dates extended for providing relief to taxpayers in view of COVID-19 pandemic in 2 parts-  Download Part- 1 here  Download Part-2 here  Legal updates- Advance Ruling Authorities/Tribunals/High Courts/Supreme Court Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 1 [2020] 116 taxmann.com 19 Essar Power Gujarat Ltd. v. Union of India R/SPECIAL CIVIL APPLICATION NO. 1417 OF 2020 JANUARY 29, 2020 Gujrat High Court Section 5 of IGST Act. Notifications levying IGST on importer on ‘Ocean Freight’ component are ultra vires to the IGST Act Notification No. 8/2017-Integrated Tax (Rate), dated 28-6- 2017 and Entry 10 of Notification No. 10/2017 - Integrated Tax (Rate), dated 28- 6-2017 are ultra vires to Integrated Goods and Services Tax Act on ground of lack legislative competency.
  • 4. Page 2 of 5 Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 2 [2020] 116 taxmann.com 23 Mahendrasinh (Mahendraji) Chaganji Gohel v. State of Gujarat R/CRIMINAL MISC APPLICATION NO. 22110 OF 2019 DECEMBER 18, 2019 Gujrat High Court Section 132 of CGST Act. Where assessee for offence punishable under section 132(1)(b) was in custody since 17-10-2019, considering fact that GST Authorities were unable to bring on record any special circumstances against assessee, he was ordered to be released on regular bail. 3 [2020] 116 taxmann.com 24 Vikas Goel v. Deputy Director, DDGSIC, Gurugram CRM-M NO. 18992 OF 2019 JULY 24, 2019 High Court of Punjab and Haryana Section 132 of CGST Act Where assessee for offence punishable under section 132 was in custody and allegations against him were that he had wrongly claimed relief of more than Rs. 80 crores, assessee was not entitled to benefit of regular bail. 4 [2020] 116 taxmann.com 25 Meghmani Organics Ltd. v. State of Gujarat R/SPECIAL CIVIL APPLICATION NO. 14008 OF 2019 JANUARY 8, 2020 Gujrat High Court Section 129 of CGST Act Where Competent Authority had detained goods of assessee under transport and passed order under section 129(3) imposing tax and penalty without giving opportunity of hearing, impugned order deserved to be set aside and Competent Authority was to be directed to pass appropriate order after giving opportunity of hearing to assessee
  • 5. Page 3 of 5  News/Latest Developments/Other updates  Coronavirus lockdown: Over 1,700 GST officers get work from home access The goods and services network (GSTN) said in its release that the tax officers have processed over 10,000 new registrations and about 8,000 refund applications in the first 10 days of lockdown until April 3, working through Virtual Private Network (VPN). Business Today report ET Report  Income Tax  Legal updates- Tribunals, High Court & Supreme Court judgements Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 1 [2020] 116 taxmann.com 27 Jivraj Tea Ltd. v. Assistant Commissioner of Income-tax, Circle 1(1)(2) R/SPECIAL CIVIL APPLICATION NO. 20820 OF 2018 JANUARY 27, 2020 Gujrat High Court Section 37(1), read with sections 147 and 148, of the Income- tax Act, 1961 Gujarat HC quashes reassessment as there was no failure on part of assessee to disclose material facts Where Assessing Officer completed assessment of assessee under section 143(3) and later reopened same for reason that income during year had escaped assessment and issued notice under section 148 beyond period of four years, since in facts of case there was hardly anything on record to indicate that there was failure on part of assessee to disclose truly and fully all material facts and also there was no tangible material available for purpose of issuing notice for reopening beyond period of four years, impugned notice under section 148 required to be quashed.
  • 6. Page 4 of 5  News/Latest Developments/Other updates  Income Tax Appellate Tribunal holds All India Video Conference on ‘The Direct Tax Vivad Se Vishwas Act, 2020’ ITAT President Justice P.P. Bhatt encourages stakeholders to avail the Scheme so as reduce pending tax litigation/ Government open to suggestions for better implementation of the scheme and propose amendments to the Bill, says Mr. P.C. Mody, Chairman, CBDT. Law Ministry Press Release  Announcement by ICAI  Auditing and Assurance Standards Board of ICAI is organizing Live Webcast on “COVID 19: Impact on audit processes, including observation of stock verification; audit of estimates; recoverability assessments; electronic audit evidence instead of original documents, etc.” jointly with Committee for Members in Practice, ICAI on 8th April 2020. More details here  The Insolvency and Bankruptcy Law  Legal updates- NCLT | NCLAT | SUPREME COURT Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 1 [2020] 115 taxmann.com 378 Punjab National Bank v. Ionik Casting (P.) Ltd. C.P. (IB) NO. 129/7/NCLT/AHM/2017 JANUARY 1, 2020 NCLT Ahmedabad Section 238A of IBC 2016 Matter referred to president of NCLT as there were difference of opinion between members Where on point of limitation there was difference of opinion between members of NCLT regarding admission of petition to initiate CIRP, matter referred.
  • 7. Page 5 of 5  News/Latest Developments/Other updates  Covid shadow hangs heavy over insolvency proceedings. Besides denting valuation of assets, lockdown seen delaying resolution. The hiatus in insolvency proceedings could have an adverse impact on the valuations of already stressed assets and possibly lead to a further delay in finding a resolution. Business Line Report  Indian Institute of Insolvency Professionals of ICAI(IIIPI) advised its members not to submit the Half Yearly Return (Oct'19-Mar'20) due as on 31/03/2020 till receipt of further communication from us in this regard.  Economy & Finance  India Inc steps up efforts to mitigate impact of coronavirus pandemic. It is not just governments and central banks which have stepped up the efforts to fight the coronavirus pandemic. The private sector, too, is doing its part. According to BoFA Securities, the measures announced by private firms will not only help fight the virus, but will also boost their prospects at the bourses. “Companies allocating resources to fight the crisis are likely to foster employee and community goodwill and to enhance brand and reputation — all of which have been critical drivers of performance in general and even more so recently. In fact, companies with a track record of good employer/employee relations have markedly outperformed peers during this bear market,” says BofA in a note. Here is a list of Indian firms and their initiatives, compiled by the brokerage. Business Standard Report STAY HOME || STAY SAFE SAVE WATER || SAVE UNIVERSE
  • 8. ============================================= About Scribbler PRADEEP GOYAL  Fellow Member of the Institute of Chartered Accountants of India.  Associate member of Professional Accounting Body of Certified Practising Accountants (CPA), Australia.  Registered Valuer with IBBI- Asset Class- Securities or Financial Assets  CFA (Corporate Finance)- Columbia Business School, USA | EMERITUS Institute of Management, Singapore.  Certified Goods & Service Tax Practitioner from ICAI & Ministry of Micro, Small & Medium Enterprises, Government of India. ================================ Connect pradeep@pgaa.in +91-9811777103 [Double click on icons to open] Page http://www.pgaa.in Knowledge shared= Knowledge2 Profile