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O C T O B E R 2 4 , 2 0 1 9 | T H U R S D A Y I S S U E 9 8
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 | ACPA, Australia
WHAT'S NEW IN
PROFESSIONAL/
BUSINESS
WORLD TODAY:
Goods & Service Tax
Direct Tax Code
Income Tax
Economy | Finance
INDEX
UPDATES RELATED TO
 New Direct Tax Code-Ministry of Finance
 Goods & Service Tax by CBIC
 Income Tax by CBDT
 Announcement by ICAI
 Announcements by ICSI
 Corporate Laws by MCA
 The Insolvency and Bankruptcy Law by IBBI
 Listing/Market by SEBI
 Foreign Trade Policy by DGFT
 Start-ups by Start Up India Department
 Micro, Small & Medium Enterprises
by Ministry of MSME
 Money Market/Banks by RBI
 New acts notified/Bills introduced in
parliament or Executive orders
by President
 Latest developments in Economy &
Finance world.
Page 1 of 5
 Updates related to Goods & Service Tax & other Indirect taxes
by CBIC
 Legal updates- Court/AAARA judgements/Advance Rulings
[AAARA- Appellate Authority for Advance Ruling | ARA- Advance Ruling Authority]
Sr.No. Key to find
the document
Court/ARA/AAAR Description
Ruling/
Judgement
Summary
1 [2019] 110
taxmann.com
439
Sri Balaji Rice
Mill, In re
ADVANCE
RULING NO.
KAR ADRG
72/2019
SEPTEMBER
23, 2019
Authority for
Advance Rulings,
Karnataka
Advance
Ruling
Sale of rice under
Registered Brand name
liable to 5% GST.
Manufacturers can hold
registered brand name
while selling rice under
unregistered brand,
however, if they sell in
registered brand name,
they would not be eligible
for exemption.
2 [2019] 110
taxmann.com
440
Teamview
Developers
LLP, In re
ADVANCE
RULING NO.
KAR ADRG
104/2019
SEPTEMBER
30, 2019
Authority for
Advance Rulings,
Karnataka
Advance
Ruling
Where landowners
transferring development
rights of land in lieu of
construction service to
applicant & applicant is
providing construction
services to landowners to
extent of value of rights in
land, tax rate applicable on
supply of construction
service to land owner in lieu
of transfer of development
rights to promoters portion
is 9 % CGST & 9 % KGST under
entry No. 3(xii) of
Notification No. 11/2017 CT-
R. applicant is eligible for
ITC on same
Page 2 of 5
Sr.No. Key to find
the document
Court/ARA/AAAR Description
Ruling/
Judgement
Summary
3 [2019] 110
taxmann.com
427
Matrix
Imaging
Solutions
India (P.) Ltd.,
In re
ADVANCE
RULING NO.
KAR ADRG 105
OF 2019
SEPTEMBER
30, 2019
Authority for
Advance Rulings,
Karnataka
Advance
Ruling
Where applicant entered
into contract with
contractee (Hospital) for
providing diagnostic
services in their premises
for patients referred to by
Hospital; consideration is
also payable by contractee
to applicant and, hence,
contractee is recipient of
services and not patients,
therefore such services
would be covered under
'clinical establishment'
under Entry No. 74 of
Notification No. 12/2017 -
Central Tax (Rate) dated 28-
6-2017 and, hence,
exempted from CGST and
similarly same is exempted
under Karnataka Goods and
Services Act, under Entry
No. 74 of Notification
(12/2017) No. FD 48 CSL 2017
dated 29-6-2017
4 [2019] 110
taxmann.com
133
Khamal
Rameshbhai
Valabhai v.
State of
Gujarat
Gujrat High Court Order Authority seized truck of
assessee transporter along
with goods in transit, said
authority was directed to
release truck as well as
goods seized, as assessee
had deposited amount of
tax and penalty as
determined.
Page 3 of 5
 Updates related to Income Tax by CBDT
 Notification/Circular/Press release/FAQs
 India concluded a Protocol to amend the Convention between the Government
of the Republic of India and the Government of the Kingdom of Morocco for the
Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect
to Taxes on Income.
Here is gazetted notification
 Legal updates- Tribunals, High Court & Supreme Court judgements
Sr.No.
Key to find the
document
Description
Tribunal/Court Brief judgement
1 [2019] 110
taxmann.com 56
Chheda Housing
Development
Corpn. v.
ACIT, 32(1),
Mumbai
IT APPEAL NO. 86
(MUM.) OF 2017
MAY 29, 2019
Mumbai
Tribunal
Where pursuant to cancellation of land
development agreement, amount
received by assessee was in excess of
advance and same was on account of
compensation for extinction of its right
to sue landowner, since said receipt was
not in ordinary course of its business,
same was to be construed as capital
receipt not liable to tax.
 News/Latest Developments/Other updates
 Income Tax Department detects Rs 1,000-cr tax evasion, links to choppers scam
after raids on Delhi business house.
Department conducted search operation on a group based in Delhi in
connection with tax evasion and money laundering. The group is engaged in
various e-governance projects and financial services. It has presence across
several cities in India and also in Dubai. The search and seizure action have led
to unearthing of several incriminating evidence establishing large scale tax
evasion, hawala transaction and money laundering by the said taxpayer group.
Page 4 of 5
The group has taken recourse to use of shell companies based in Delhi / Kolkata
to route unaccounted money.
Here is MoF Press Release
 Updates related to Announcement by ICAI
 Ethical Standards Board of ICAI issued advisory for Members in Practice listing
themselves and their services with Online Application based service provider
Aggregators and warned that the disciplinary proceedings would be initiated
accordingly.
Read this release
 Corporate Laws by MCA
 Cabinet approves Mood between India and Kuwait in the field of accounting,
finance and audit knowledge base
The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has
approved the Memorandum of Understanding (MoU) for capacity building and
strengthening the accounting, financial and audit knowledge base in Kuwait.
Read this release
 The Insolvency and Bankruptcy Law.
 Legal updates- NCLAT | Court
Sr.No. Key to find the
document
NCLAT/Court Summary
1 [2019] 110 taxmann.com
6 Oyster Steel & Iron (P.)
Ltd.
v.
Royal Kitchen Appliances
(P.) Ltd.
NCLT Delhi
bench
CIRP plea admitted when ledger
of Corporate debtor itself
showed part payment of debt
Page 5 of 5
 Updates related to Latest developments in Economy &
Finance world
 India jumps 14 spots to 63rd in World Bank's Ease of Doing Business ranking
India was ranked 142nd among 190 nations when Prime Minister Narendra Modi
took office in 2014. Four years of reform pushed up India's rank to 100th in World
Bank's 'Doing Business' 2018 report. It was 130th in 2017 when it was ranked
lower than Iran and Uganda. Last year, the country jumped 23 places to the 77th
position on the back of reforms related to insolvency, taxation and other areas.
Read this report
 India Inc Q2 earnings start on positive note, tax rate cut boosts profit
The July-September 2019 quarter (Q2) earnings season has started on an
optimistic note for corporate India. Excluding the exceptional gains and losses,
the combined net profit of 200 companies that have declared their results so far
is up 15 per cent year-on-year (y-o-y), while profit before tax (PBT) has risen by a
higher rate of 20.7 per cent, thanks to the cut in tax rates.
Read this report
 Govt approves BSNL-MTNL merger, clears Rs 70,000-crore relief package
Just days before Diwali, the government has taken a decision to lift the air of
uncertainty over the two public sector telecom behemoths — Bharat Sanchar
Nigam Ltd (BSNL) and Mahanagar Telephone Nigam Ltd (MTNL). While
approving a package of nearly Rs 70,000 crore for the two financially stressed
entities, the Union Cabinet on Wednesday also drew up a timeline to merge
them. Monetising real estate assets worth Rs 37,500 crore is part of the overall
relief package that would be used to retire debts, upgrade networks and offer
a voluntary retirement scheme (VRS) aimed at reducing the companies’
employee strength by half.
Read this report
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.
 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.
================================
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pradeep@pgaa.in +91-9811777103
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Newsletter on daily professional updates- 24th October 2019

  • 1. O C T O B E R 2 4 , 2 0 1 9 | T H U R S D A Y I S S U E 9 8 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 | ACPA, Australia WHAT'S NEW IN PROFESSIONAL/ BUSINESS WORLD TODAY: Goods & Service Tax Direct Tax Code Income Tax Economy | Finance
  • 2. INDEX UPDATES RELATED TO  New Direct Tax Code-Ministry of Finance  Goods & Service Tax by CBIC  Income Tax by CBDT  Announcement by ICAI  Announcements by ICSI  Corporate Laws by MCA  The Insolvency and Bankruptcy Law by IBBI  Listing/Market by SEBI  Foreign Trade Policy by DGFT  Start-ups by Start Up India Department  Micro, Small & Medium Enterprises by Ministry of MSME  Money Market/Banks by RBI  New acts notified/Bills introduced in parliament or Executive orders by President  Latest developments in Economy & Finance world.
  • 3. Page 1 of 5  Updates related to Goods & Service Tax & other Indirect taxes by CBIC  Legal updates- Court/AAARA judgements/Advance Rulings [AAARA- Appellate Authority for Advance Ruling | ARA- Advance Ruling Authority] Sr.No. Key to find the document Court/ARA/AAAR Description Ruling/ Judgement Summary 1 [2019] 110 taxmann.com 439 Sri Balaji Rice Mill, In re ADVANCE RULING NO. KAR ADRG 72/2019 SEPTEMBER 23, 2019 Authority for Advance Rulings, Karnataka Advance Ruling Sale of rice under Registered Brand name liable to 5% GST. Manufacturers can hold registered brand name while selling rice under unregistered brand, however, if they sell in registered brand name, they would not be eligible for exemption. 2 [2019] 110 taxmann.com 440 Teamview Developers LLP, In re ADVANCE RULING NO. KAR ADRG 104/2019 SEPTEMBER 30, 2019 Authority for Advance Rulings, Karnataka Advance Ruling Where landowners transferring development rights of land in lieu of construction service to applicant & applicant is providing construction services to landowners to extent of value of rights in land, tax rate applicable on supply of construction service to land owner in lieu of transfer of development rights to promoters portion is 9 % CGST & 9 % KGST under entry No. 3(xii) of Notification No. 11/2017 CT- R. applicant is eligible for ITC on same
  • 4. Page 2 of 5 Sr.No. Key to find the document Court/ARA/AAAR Description Ruling/ Judgement Summary 3 [2019] 110 taxmann.com 427 Matrix Imaging Solutions India (P.) Ltd., In re ADVANCE RULING NO. KAR ADRG 105 OF 2019 SEPTEMBER 30, 2019 Authority for Advance Rulings, Karnataka Advance Ruling Where applicant entered into contract with contractee (Hospital) for providing diagnostic services in their premises for patients referred to by Hospital; consideration is also payable by contractee to applicant and, hence, contractee is recipient of services and not patients, therefore such services would be covered under 'clinical establishment' under Entry No. 74 of Notification No. 12/2017 - Central Tax (Rate) dated 28- 6-2017 and, hence, exempted from CGST and similarly same is exempted under Karnataka Goods and Services Act, under Entry No. 74 of Notification (12/2017) No. FD 48 CSL 2017 dated 29-6-2017 4 [2019] 110 taxmann.com 133 Khamal Rameshbhai Valabhai v. State of Gujarat Gujrat High Court Order Authority seized truck of assessee transporter along with goods in transit, said authority was directed to release truck as well as goods seized, as assessee had deposited amount of tax and penalty as determined.
  • 5. Page 3 of 5  Updates related to Income Tax by CBDT  Notification/Circular/Press release/FAQs  India concluded a Protocol to amend the Convention between the Government of the Republic of India and the Government of the Kingdom of Morocco for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income. Here is gazetted notification  Legal updates- Tribunals, High Court & Supreme Court judgements Sr.No. Key to find the document Description Tribunal/Court Brief judgement 1 [2019] 110 taxmann.com 56 Chheda Housing Development Corpn. v. ACIT, 32(1), Mumbai IT APPEAL NO. 86 (MUM.) OF 2017 MAY 29, 2019 Mumbai Tribunal Where pursuant to cancellation of land development agreement, amount received by assessee was in excess of advance and same was on account of compensation for extinction of its right to sue landowner, since said receipt was not in ordinary course of its business, same was to be construed as capital receipt not liable to tax.  News/Latest Developments/Other updates  Income Tax Department detects Rs 1,000-cr tax evasion, links to choppers scam after raids on Delhi business house. Department conducted search operation on a group based in Delhi in connection with tax evasion and money laundering. The group is engaged in various e-governance projects and financial services. It has presence across several cities in India and also in Dubai. The search and seizure action have led to unearthing of several incriminating evidence establishing large scale tax evasion, hawala transaction and money laundering by the said taxpayer group.
  • 6. Page 4 of 5 The group has taken recourse to use of shell companies based in Delhi / Kolkata to route unaccounted money. Here is MoF Press Release  Updates related to Announcement by ICAI  Ethical Standards Board of ICAI issued advisory for Members in Practice listing themselves and their services with Online Application based service provider Aggregators and warned that the disciplinary proceedings would be initiated accordingly. Read this release  Corporate Laws by MCA  Cabinet approves Mood between India and Kuwait in the field of accounting, finance and audit knowledge base The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the Memorandum of Understanding (MoU) for capacity building and strengthening the accounting, financial and audit knowledge base in Kuwait. Read this release  The Insolvency and Bankruptcy Law.  Legal updates- NCLAT | Court Sr.No. Key to find the document NCLAT/Court Summary 1 [2019] 110 taxmann.com 6 Oyster Steel & Iron (P.) Ltd. v. Royal Kitchen Appliances (P.) Ltd. NCLT Delhi bench CIRP plea admitted when ledger of Corporate debtor itself showed part payment of debt
  • 7. Page 5 of 5  Updates related to Latest developments in Economy & Finance world  India jumps 14 spots to 63rd in World Bank's Ease of Doing Business ranking India was ranked 142nd among 190 nations when Prime Minister Narendra Modi took office in 2014. Four years of reform pushed up India's rank to 100th in World Bank's 'Doing Business' 2018 report. It was 130th in 2017 when it was ranked lower than Iran and Uganda. Last year, the country jumped 23 places to the 77th position on the back of reforms related to insolvency, taxation and other areas. Read this report  India Inc Q2 earnings start on positive note, tax rate cut boosts profit The July-September 2019 quarter (Q2) earnings season has started on an optimistic note for corporate India. Excluding the exceptional gains and losses, the combined net profit of 200 companies that have declared their results so far is up 15 per cent year-on-year (y-o-y), while profit before tax (PBT) has risen by a higher rate of 20.7 per cent, thanks to the cut in tax rates. Read this report  Govt approves BSNL-MTNL merger, clears Rs 70,000-crore relief package Just days before Diwali, the government has taken a decision to lift the air of uncertainty over the two public sector telecom behemoths — Bharat Sanchar Nigam Ltd (BSNL) and Mahanagar Telephone Nigam Ltd (MTNL). While approving a package of nearly Rs 70,000 crore for the two financially stressed entities, the Union Cabinet on Wednesday also drew up a timeline to merge them. Monetising real estate assets worth Rs 37,500 crore is part of the overall relief package that would be used to retire debts, upgrade networks and offer a voluntary retirement scheme (VRS) aimed at reducing the companies’ employee strength by half. Read this report 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.  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