e-newsletter september- 2021 - ernakulam branch of sirc of

September 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI 2

e-NEWSLETTERErnakulam Branch of SIRC of ICAI

Chairman’sMessage

CONTENTS

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12

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5

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8

7

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Proposed Programmes - Sept 2021

Compliance Calendar - Sept 2021

Chairman’s Message

Eulogy on CA. Balagopal Ramamohan our Past Chairman

Judicial Decisions on Indirect TaxesCA. P.J Johney, FCA

Judicial Decisions on Direct TaxesCA. P.M.Veeramani FCA

Priorities in Child Health- Dr.M.Narayanan, MD,DCH,FIAP

Branch ActivityStudent Activity

Respected Colleagues,

I pay my humble respects and tribute to our esteemed Past Chairman CA. Balagopal Ramamohan who has reached the almighty on the 30th of August, 2021. These are times that we feel God is very unfair and cruel but as it is said “He has a better plan, always”. May the dear good soul of this extremely fine, energetic, ever smiling gentleman rest in eternal peace and may his wife Mrs. Radhika Balagopal, his sons Dr. Srikanth Balagopal, Sriram Balagopal and friends have enough strength and courage to fight the times in his absence.

Month of August began with the refresher course on Corporate Laws and then saw some really elite speakers at the Navarathra All Kerala Conference hosted and organized by all the 9 branches of Kerala. Hon’ble Justice Dr. (CA) Vineeth Kothari was kind enough to be present at the inaugural day of the Corporate Law Refresher Course on 4th of August and to share his thoughts with the participants along with Hon’ble Past president of ICAI, CA. Manoj Fadnis who handled a session on Corporate Social Responsibility. Being a national event, members from across the country attended the sessions. The signature event, Navarathna All Kerala Conference was conducted from 11th to 19th of August which was organized and hosted by all 9 branches of Kerala. The event saw phenomenal participation of at least 400 members on an average on all 9 days of the event. Greats like CA. Banusekar, CA. Pattabhi Ram, CA. Bimal Jain, CA. G. Sekar, CA. M. Kandasamy, etc., addressed at the conference on various topics.

Another important event was the Faculty Development Programme that was conducted under the auspices of Committee on GST and Indirect Taxes of ICAI, hosted by Ernakulam Branch for the faculty members of Mahatma Gandhi

University, Kottayam. This was conducted from 9th to 14th of August, 2021. The workshop was attended by atleast 150 faculty members of various Colleges under M.G University. The inaugural was graced by the presence of Hon’ble Vice Chancellor of M.G University, Dr Sabu Thomas.

On 6th August, 2021 Hon’ble CCM CA. Babu Abraham Kallivayalil, RCM CA. Jomon K. George, Vice Chairman CA. Jose K.V, Senior member CA. Balasubramanian and myself had the good opportunity to meet and interact with the Hon’ble Chief Minister Sri. Pinarayi Vijayan and Hon’ble Finance Minister Sri. Balagopal at Cliff house and Secretariate respectively at Thiruvananthapuram. Memorandum pertaining to Cooperative Audit and other matters of professional interest were submitted after an elaborate discussion with them. I have no words to thank the humungous efforts of Past Chairman, CA. Joseph Thomas sir in getting the newsletters composed and arranged every month. It is a great give by him to all the readers and members of the Branch. Truly applaud his energy and dedication to help the branch in its various activities.

Its Tax Audit season ahead and I wish each one of you a busy yet a safe and peaceful time ahead. The branch intends to host several meetings on DT in September. To conclude, the example of Late CA. Balagopal Ramamohan is truly an eyeopener that none of us have no clue about God’s plans. So for all the time we have in this world, ensure that we live fully by helping each other spreading happiness around. God bless all.

Yours truly

CA. Renjith R. WarrierChairman

CA. Babu Abraham KallivayalilCentral Council Member, ICAI

for being appointed as a Director

of the Kerala State Industrial Development Corporation (KSIDC)

Congratulations

Ernakulam Branch of SIRC of ICAI e-Newsletter | September 2021 3

e-NEWSLETTER Ernakulam Branch of SIRC of ICAIBranch Activities - August 2021Meetings/Seminars / Refresher Course

Faculty Development Programme on GST

Virtual Refresher Course on Corporate Laws was organized by the Corporate laws & Corporate Governance Committee, ICAI and hosted by the branch from 4th August to 7th August, 2021. Hon’ble Justice (CA.) Dr. Vineet Kothari, Senior Judge of Gujarat High Court was the Chief Guest. The topics on Corporate Social Responsibility (including recent amendments). Audit & Auditors (Roles, Duties & Responsibilities), Role and Responsibilities of Directors including Independent Directors & Women Independent Directors, Internal Financial Controls over Financial Reporting, Recent Amendments in the Schedule III vis – a – vis CARO, 2020, Various Filings under the Companies Act, 2013, Loans, Advances, Deposits, Inter Corporate Laws were deliberated at the refresher course. CA. Manoj Fadnis, Hon’ble Past President of ICAI, CA. Jomon K George, Past Chairman & Member, SIRC , CA. Anil Sharma, New Delhi, CA. Chinnsamy Ganesan, Chennai, CA. Padmashree Crasto, Mumbai, CA. Sumit Dhadda, Jaipur and CA. Manoj Pati, Mumbai. At the valedictory session of the course Sri. B. Anilkumar FCS, Hon’ble Technical Member, NCLT, Chennai Bench was the Chief Guest.

All Kerala Virtual CPE Conference “NAVARATNA” was organized by 9 branches in Kerala from 11-08-2021 to 19-08-2021. CA Babu Abraham Kallivayalil, Central Council Member inaugurated the Conference. CA. Jomon K George, Past Chairman, SIRC of ICAI addressed the gathering. The topics on “Reopening of Assessments under Income Tax Act”, “Brand Building by CAs and Up scaling of CA Practice”, “Information Technology – New possibilities”, “Insolvency & Bankruptcy Practice – Recent Developments and Professional Opportunities”, “The Companies Act, 2013 – Loans, Deposits & Related Party Transactions”, “Multidisciplinary Partnerships and Revised Networking Guidelines”, “Intricacies in Input Tax Credit under GST”, “SA Planning, Documentation & Reporting” , “Registration, Renewals and Audit of Non-Profit Organizations” was deliberated at the conference. CA. Banusekar T, Chennai, CA. Pattabhi Ram, Chennai, CA. Vittal Raj, Chennai, CS. Dhanapal, Chennai, CA. Punarwas Jayakumar, Bengaluru, CA. G. Sekar, Chennai, CA. Bimal Jain, New Delhi, CA. Mohan R Lavi, Bengaluru and CA. Kandasamy M, Chennai were the speakers. CA. Nihar N Jambusaria, Hon’ble President of ICAI was the Chief Guest in the Valedictory function.CA. (Dr.) Debashis Mitra, Honourable Vice President of ICAI, was the Guest of Honour.

A Faculty Development Programme on Goods and Services Tax for the faculty members and research scholars in Commerce and Management was conducted with the support of the GST & Indirect Taxes Committee of ICAI and School of Management & Business Studies, Mahatma Gandhi University, Kottayam from 9th to 14th August, 2021. On 9th August, 2021, Prof (Dr.) Sabu Thomas, Hon’ble Vice Chancellor, M.G. University inaugurated the programme. CA. Babu Abraham Kallivayalil, Central Council Member of ICAI, Dr. Siby Zachairas, Director, School of Management & Business Studies, M G University, Dr. Sajimon Abraham, Professor, School of Management & Business Studies, M.G. University and CA. Renjith R.Warrier, Chairman, Ernakulam Branch of SIRC of ICAI addressed the gathering. The topics on “Supply – Concept, taxable, non-taxable & exempt supply, Composite and mixed supplies and application of the tax liability,Schedules I, II and III”, “Levy and collection of tax; Reverse Charge Mechanism in GST; Composition Levy”, “Time of supply;

Value of taxable supply; and Place of supply in respect of goods and services”, “Input Tax Credit- Eligibility and conditions; Apportionment of credit & Blocked Credits and Reversal of credit; Returns filing, utilization of Input Tax Credit and payment of tax”, “Registration in GST; Issue of Tax Invoice, Debit / Credit notes and E-invoice; E Way bill in transportation of goods” and “Assessment, adjudication, demand and recovery proceedings; offences and penalties” was deliberated at the programme. CA. Shankara Narayanan V, Chennai, CA. Cyrjoe V.J, Kochi,CA. Soman N.L , Kochi, CA. P.T. Rajeev, Chennai and CA. Sushil Kumar Goyal, Vice Chairman, GST & Indirect Taxes Committee & Central Council Member of ICAI were the speakers. CA. (Dr.) Debashis Mitra, Hon’ble Vice President of ICAI address at the Valedictory Session. Dr. E. Sulaiman, Professor, School of Management & Business Studies, M.G. University proposed vote of thanks.

Independence Day Celebrations : CA. Renjith Warrier, Chairman, Ernakulam Branch of SIRC of ICAI hoisted the flag at the Independence Day Celebrations at ICAI Bhawan, Ernakulam. The celebrations were followed by breakfast. 22 persons were present at the celebrations.

Representation submitted to Hon’ble Chief Minister of Kerala : An Interactive meeting was arranged on 6th August, 2021 with Sri. Pinarayi Vijayan, Hon’ble Chief Minister of Kerala, for presenting memorandum

regarding Cooperative audits and other matters of professional interest. The memorandum was presented by CA. Babu Abraham Kallivayalil, Chairman, Professional Development Committee of ICAI and Central Council Member in the presence of CA. Jomon K.George, Past Chairman & Member, SIRC of ICAI, CA. Renjith R.Warrier, Chairman, Ernakulam ICAI, CA. Jose.K.V, Vice Chairman, Ernakulam ICAI, CA. Remesh Kumar S, Chairman, Thiruvananthapuram ICAI and CA.Balasubramanian N.

Other Activities



CA Students Talent Search 2021 – Elocution Competition Ernakulam SICASA conducted CA Students Talent Search - 2021 –Elocution competitions on 5th August 2021 at ICAI Bhawan, Ernakulam. CA. Salim A, Chairman SICASA Ernakulam inaugurated the Competition. Mr. Rajat Santhosh was the inners of the Competitions and Ms. Beegam Shajahan Shabnam was the runner up. The Prizes were distributed to the winners by CA. Renjith R Warrier, Chairman, Ernakulam Branch of SIRC of ICAI

CA Students Talent Search 2021 – Quiz Competition SICASA conducted CA Students Talent Search - 2021 –Quiz competitions on 6th August 2021 at ICAI Bhawan, Ernakulam. The Quiz master for the competition was CA. Giri Sankar G and winners of the Competitions were Mr. Ajin Babu Lamannil and Ms. Beegam Shajahan Shabnam . Mr. Binjoel P John and Ms. Keerthi Ramachandran were runners up.

Programme on “Be a Better Communicator” : Conducted a Special programme on English “Be A Better Communicator” (Virtual) on 7th, 14th, 17th & 28th August 2021. The student’s speakers of the session were Rajat Santhosh, Shruthi Soman, Indraja Warrier, Shruthi M, Aaisha Sulaiman, Nandita D Menon, Phoebae Reena George, Poornendu M Nair, Rinta Sara Raju, Swathi Sarath, Fathima Zakir, Harikrishnan R,Najlah Noushad ,Shimy Shaji (Secretary, SICASA Ernakulam), Neena George, Sharmik Pradeep, Aaisha Sulaiman. The session on 17th is led by CA. Sreenivasan P.R, Past Chairman, Ernakulam Branch of ICAI an d the session on 28th is led by CA. Nagarajan P. A. CA. Salim A, Chairman SICASA, Ernakulam Branch spoke at the Session.

Virtual Football CompetitionOrganized Online Football Competition for students on 7th and 8th August 2021. 110 students participated the online football competition. Mr. Eldhose John was the winner of the competition.

Regional level elocution & quiz competition The winners of the Ernakulam Branch participated the Regional Level Elocution and Quiz Competitions held at Chennai on 12th August, 2021. Ms. Beegam Shajahan Shabnam ( SRO0637293) were selected to the National Level Elocution Competition to be held at Odisha

Intra branch Indoor Games SICASA conducted Intra branch Indoor games for CA Students on 14th & 15th August 2021 at Regional Sports Centre, Ernakulam. The games were inaugurated by

Smt. Aarathi Sara Sunil, National Badminton Player. CA. Renjith R Warrier, Chairman Ernakulam branch of SIRC of ICAI also spoke at the inaugural function. The following games were conducted : Basket ball (Boys & Girls),Volley Ball (Boys & Girls), Shuttle Badminton (Singles & doubles), Shoot out (Girls ) and Table Tennis (Singles & Doubles).The trophies and certificates were distributed to the winners of the competition by CA. Jomon K. George, Past Chairman, SIRC of ICAI and CA. Salim A, Chairman, SICASA Ernakulam Branch of ICAI.

National Level Elouction & Quiz CompetitionThe winner of the Ernakulam Branch & Regional Level Ms. Beegam Shajahan Shabnam were selected to the National Level Elocution Competition held at Odisha and bagged First prize at National Level Elocution Competition on 28th August, 2021.

Students Activities

Representation submitted to Hon’ble Finance Minster of Kerala : On 6th August, 2021 CA. Babu Abraham Kallivayalil, Chairman, Professional Development Committee of ICAI and Central Council Member & CA. Jomon K.George, Past Chairman & Member, SIRC of ICAI visited Shri. K.N. Balagopal, Hon’ble Finance Minister, Kerala along with CA. Renjith R.Warrier, Chairman, Ernakulam ICAI, CA. Jose.K.V, Vice Chairman, Ernakulam ICAI, CA. Remesh Kumar S, Chairman, Thiruvananthapuram ICAI &

CA. Balasubramanian N. CA. Babu Abraham Kallivayalil presented the representation on Cooperative audits and matters of professional interest to Hon’ble Minister in their presence.

Condolence meeting of CA. Balagopal Ramamohan on 31st August, 2021 : Virtual Condolence meeting was held on 31st August 2021 of CA. Balagopal Ramamohan, Past Chairman of the branch who left for heavenly abode on 30th August, 2021.

“IDAM” (Virtual Platform for performing cultural programmes of CA Students) Ernakulam branch of SICASA is conducting “Idam” (Virtual platform for performing Cultural programmes for CA Sudents). An initiative of SICASA Ernakulam to showcase the talents of CA Students. Here students are encouraged to exhibit their singing, dancing, acting, or any other special talents, video record it and send it to the SICASA Committee. The committee will be posting these entries weekly in their social media platforms. Since this is not a competition, there is no cutoff date for the event.

Online classes were arranged for students due to the outbreak of Coronavirus – Covid – 19In view of the outbreak of Coronavirus – Covid – 19 throughout the country ICAI the branch, we have arranged online classes for the students of Intermediate (Foundation Route), Intermediate Direct Entry students Foundation for May 2021 , Intermediate Direct Entry Students November 2021 and Final Coaching classes November 2021 through virtual platform.


e-NEWSLETTER Ernakulam Branch of SIRC of ICAI

Bala was the Secretary at ICAI Ernakulam branch during the year 2013-14, when I was the Chairman of the branch. He was an outspoken and great humane person who brought in lot of positive vibes in all our meetings. His contribution to the branch and profession is really commendable and has given us lot of sweet memories to be quietly remembered every day. My Prayers and Condolences.

CA. Mathew JosephPast Chairman (2013-2014)

Bala sir was among the first few seniors I had met at branch after I qualified and someone who always had gracious words of encouragement for young members. He always loved to talk and was always vocal in his views and opinions. He always worked in the best interest of our students and members. He was a true asset to Ernakulam Branch and members. I will always remember and cherish my fond memories with him. May the Lord Almighty bless him with eternal peace

CA. Renjith R.WarrierChairman

A dear friend and colleague CA. Balagopal Ramamohan was a person with firm commitment and passion for the profession and Institute. As Chairman of Ernakulam Branch (2015-2016) he won the hearts of all by his exemplary leadership, commitment, character besides compassion. He had clear and firm views on any issue and ability to take the branch along with him. He was a role model who lived according to the motto of Service above self.

He has served the Branch in all capacities and did an extraordinary job in various positions he has held, bringing laurels to the branch. He was equally active in social life as a Rotarian, Management Association Member etc leaving a mark of his own. It may be hard for many of us to believe that our Balagopal is no more with us, but I am sure he will live lively in our memories. May God give strength to wife Radhika and his two sons to withstand these difficult times.

CA. Babu Abraham KallivayalilCentral Council Member, ICAI

CA Balagopal Rammohana Kurup was born on 4th December 1967 at Thiruvananthapuram. He was born as the second child of Mrs. Vijayam Kurup and Mr. V Rammohana Kurup who was Senior Audit Officer at AG’s Office. Balagopal was called Unni at home and Bala by friends. He has 2 sisters.

He did his schooling at Carmel School and Model School and Pre-Degree at Arts College Trivandrum. When his father was on deputation at Cochin Port Trust, the family shifted to Ernakulum, and he graduated in Commerce from Sacred Heart College Thevara and then joined for CA. He did his articleship with M/s Menon and Menon and qualified as a CA in 1992.

He was married to Radhika K.T who was his contemporary during CA articleship. They were blessed with 2 sons Sreeram who has completed his MD in Anaesthesia and Sreekanth who is an Engineer.

He had great interest in social and charitable works. He was an active Rotarian and served as its Assistant Governor.

He was diagnosed with “fatty liver” for which he had undergone Liver transplant and was gradually recovering. However, his condition deteriorated and finally succumbed to the illness. Ominously, we lost Balagopal- Baby Krishna on the day of the last Sreekrishna Jayanthi.

Words of sympathy cannot compensate the loss of a dear one for the family. But we, the members of the Ernakulam Branch join in expressing our heartfelt sympathies to the family and fervently wish that God give the family the inner strength to carry on ahead in his absence. May the good God give the departed soul eternal peace.

Bala is remembered by his friends as an energetic, enthusiastic personality with an ever-smiling face. For the members of Ernakulam branch, we have lost a charming CA and a leader of the profession. His services as SICASA Chairman, Secretary, Vice Chairman and as Chairman will be ever remembered.

Adieu dear Friend……

CA. Joseph ThomasPast Chairman (2001-2002)

I was fortunate to share a very close relationship with him – both professionally and personally. For me he was like a mentor – Guiding me during my period in the Branch Managing Committee. He always kept our profession above him complying with the ethics of our profession. He will always live in the hearts of all those who interacted with him – whether professionally or personally. Dear sir, we are trying to come to terms with your loss. We wish you farewell in your journey to eternity

CA. T.N. SureshPast Chairman (2016-2017)

He always dared to call spade a spade. A great human being who took lead for many charitable and social activities. As Chairman, he was very keen in guiding, encouraging, and helping youngsters to take roles in activities. His presence always created positive energy. He proved to me the meaning of the word “a friend in need is a friend indeed” and we were often called “Lavakushas” and I am proud and happy that I could work as Secretary when he was Chairman of Ernakulam Branch. May his soul Rest in Peace.

CA. Lukose JosephPast Chairman (2017-2018)

RememberingCA. Balagopal RamamohanOur Past Chairman ( 2015-2016)



Children are the supreme assets of a nation. The future of a nation rests

on healthy, protected, educated and well developed children. 41% of population of India account for children,less than 18 years of age. First thousand days of life is counted by adding 270 days (9 months) of lifein the womb and 730 days (365 x2) when the child reaches his second birthday. During this critical period of life 80% off our brain growth, 50% of the adult height and 20% of adult weight are achieved. Proper care during pregnancy and early childhood determines physical and mental development of the adult. Breast feeding supplies 50% of food requirements of the child during first year and one third of the requirement during the second year of life. It protects from infections and improves intelligence.

The society should promote breast feeding and discourage bottle feeding.Growth and development during the first 1000 days must be properly monitored and interventions taken. For example, at two months of age, the baby should have hearing, vision and smile.

Immunization is the best tool to prevent many childhood diseases. Vaccines are available in India which can protect from 20 serious diseases like tetanus, diphtheria, whooping cough, tuberculosis, measles, pneumonia, meningitis, mumps etc. Majority of these vaccines are available in governmenthospitals, free of cost. Parents must be educated about them. Majority of families have one or two children. So proper medical care with early diagnosis of illness, and expert treatment are required to save these precious lives.

Children and the Pandemic

Children are one among the worst affected groups in Covid 19 pandemic. Cut off from their school campuses, forbidden to play outdoors and attend social functions, they have been literally locked inside their homes during the last one and a half years. They have been attending online classes during this period. These life style changes have led to serious physical and mental health problems. Overeating and lack of exercises have caused too much weight gain and obesity during this period. Children must stick to a correct diet pattern and do exercises indoor or outdoor. Children are advised to have a maximum of one hour of screen time a day, mobile phone and TV combined.

Dr.M.Narayanan MD,DCH,FIAP completed his Schooling from Loyola School Trivandrum where he was the School General Captain, did his MBBS from Calicut Medical college and MD from Madras Medical College. He is currently the Pediatric consultant at Ernakulam Medical Centre, Cochin in addition to his own practice at SAN Children’s Clinic at Mamangalam. He is presently the President of Indian Association of Pediatrics (IAP) Kerala Branch and Convener of “Child Health” IMA Kerala State Branch and National Treasurer, Neurodevelopmental Chapter of IAP. He is a past President of the prestigious IMA, Cochin Branch. He is happily married to Sheeba Narayanan and have two sons Dr. Arjun Narayanan and Mr. Akhil Narayanan who is an Engineer.

Dr.M.Narayanan, MD,DCH,FIAPConsultant Pediatrician, SAN Children’s Clinic, Kochi-25President of Indian Academy of Pediatrics, Kerala 2020

Excess screen time has caused visual problems, head ache, neck pain, irritability and sleep problems in many. Social media addiction and online gaming has been on the rise during this period. It is painful to hear that many teenagers have committed suicide prevention during the lockdown period mainly due to depressive illness. Parents and caregivers must keep constant vigil on media use by children.



Statute: Income Tax ActVivaad Se Viswas Scheme-Wrong rejection of declaration Decision in favour of : Assessee

Title : Shyam Sunder Sethi vs Principal CITCitation: 200 DTR 49 Bench: Delhi HCPetition for condoning delay in filing of appeal by itself does not efface the fact the appeal was pending when Forms 1 and 2 were filed by the assesse, CIT(A) was seized of the appeal, which included, plea for condoning the delay; therefore the order of rejection of declaration is bad in law

Statute: Income Tax ActSec.10(10D) – Assignment of Keyman policy Decision in favour of : Revenue

Title : Allu Arvind Babu vs ACITCitation: 200 DTR 169 Bench: Madras HC

On the basis of section 10(10D) with its explanation 1, the clear position of law which emerges is that the character of keyman policy does not get converted into ordinary life insurance policy despite its assignment and therefore, any benefit accruing to the employee upon its surrender or encashment will be taxable in the hands of the employee as ‘perquisite’

Statute: Income Tax ActSec.11- Enabling clause Decision in favour of : Assessee

Title : Roland Educational & Charitable Trust vs DCITCitation: 87 ITR Trib 52 Bench: ITAT Cuttack

Once registration has been granted by the department under section 12AA by the CIT and it has not been withdrawn, if the assesse is complying with the other provisions of the Act, it cannot be held that there is escapement of income.

Where the assesse is already granted registration and the trust deed contained multiple clauses for carrying on other than educational activity, but merely because one of these clauses stipulated that the assesse might also carry on other business, that would not per se make it not entitled for deduction

Statute: Income Tax ActSec.12A – Cancellation of registration Decision in favour of : Assessee

Title : Navajbai Ratan Tata Trust vs Principal CITCitation: 200 DTR Trib 9 Bench: ITAT Mumbai

An assesse unwilling to avail the benefit of registration obtained under section 12A cannot be compelled by the Revenue to continue with the registration ‘obtained’ by the trust. Since the assesse had intimated the CIT that it is no longer eligible for continuance of registration and does not desired to continue to avail be benefit of registration , the cancellation shall be effective from the date of such intimation and not from the date of cancellation by CIT, which happened four years later

Direct TaxReported Judicial Decisions

CA. P.M. Veeramani FCA

Statute: Income Tax ActSec.13(1)(d) – Loan to group trust Decision in favour of : AssesseeTitle : CIT vs Society of Daughters of Mary ImmaculateCitation: 200 DTR 210 Bench: Madras HC

Tribunal was right in holding that the assesse is entitled to exemption under section 11 by observing that the grant of loan by assesse trust to its group trust cannot be treated as deposit or investment made in violation of section 13(1)(d) rws 11(5)

Statute: Income Tax ActSec.28(i) – License fee is business income Decision in favour of : Assessee

Title : Dodla International Ltd vs ACITCitation: 187 ITD 693 Bench: ITAT Chennai

License fee received by assessee engaged in business of running a hotel, for licensing a fully furnished hotel along with license to run hotel is a business receipt, assessable under head ‘income from business or profession’ and not a rental income assessable under head ‘income from house property

Statute: Income Tax Act Sec.36(1)(iii) – Disallowance of interest Decision in favour of : Assessee

Title : Coffeeday Global Ltd vs Addl CIT Citation: 433 ITR 321 Bench: Karnataka HC

The words ‘expansion’ and ‘extension’ connote different meaning under the income tax law and therefore the words cannot be used synonymously. It is only after the amendment with effect from 1.4.2016, the proviso is attracted for expansion of business. The presumption in law arose that when the assesse had enough own funds in the form of capital, the investments have come from own funds only and the burden is on the Revenue to show that it had come from borrowed funds. The amendment made with effect from 1.4.2016 does not have a retrospective effect.

Statute: Income Tax ActSec.40(a)(ia) – Commission on sale of property Decision in favour of : Assessee

Title : R K Associates vs ITOCitation: 187 ITD 827 Bench: ITAT Bangalore

The assesse had sold an immovable property and offered the income from the sale as long term capital gains, provisions of section 40(a)(ia) is not attracted in respect of commission paid on the sale of property

Statute: Income Tax Act80P - No more Resintegra Decision in favour of : Assessee

In view of the lockdown in many states , there were not many reported cases



CA. P.M. Veeramani FCA

Title : Tellicherry Public Servants Co-operative Bank Ltd vs CIT

Citation: 433 ITR 60 Bench: Kerala HC

Deduction under 80P is no more res integra and is covered in favour of the assesse by the judgment of SC in Mavilayi Service Co-operative Bank Ltd vs CIT ( 431 ITR 1 SC) and assesse is eligible for deduction

Statute: Income Tax ActSec.195 – No TDS on shrink wrapped software Decision in favour of : Assessee

Title: Engineering Analysis Centre of Excellence Private Ltd vs CIT

Citation: 432 ITR 471 SC Bench: Supreme Court of India

The ownership of copyright in a work is different from the ownership of the physical material in which the copyrighted work may happen to be embedded. It is only when the non-resident is liable to pay income tax in India on income deemed to arise in India, the provisions of section 195 are attracted. Royalty under section 9(1)(vi) means transfer of all or any rights including the granting of a license in respect of any right in a literary work. In the sale of software the license granted was with restrictions and conditions for the use of computer software . The end user license agreements conveyed the title to the material object embedded with a copy of the computer software to the distributors or end users. Such a license would not constitute an interest in copyright necessitating TDS under section 195 of the Act

Statute: Income Tax ActSec.245(2A) – Vacation of stay Decision in favour of : Assessee

Title : DCIT vs Pepsi Foods LtdCitation: 200 DTR SC 185; 433 ITR 295 SC Bench: Supreme Court of India

Third proviso to section 254(2A) introduced by Finance Act 2008 is both arbitrary and discriminatory and therefore, liable to be struck down as offending Article 14 of the Constitution of India; any order of stay shall stand vacated after the expiry of the period mentioned in the section only if the delay in disposing off the appeal is attributable to the assesse.

Statute: Income Tax ActSec.271(1)(c ) – Not Striking off irrevelant portion Decision in favour of : Assessee

Title : Mohd.Farhan Shaikh vs DCITCitation:200 DTR Bom FB65 Bench: Mumbai Full Bench

An ombinus notice suffers from the vice of vagueness. Supreme Court in Dilip Shroff vs JCIT disapproves of routine , ritualistic practice of issuing omnibus show cause notices. That practice betrays non-application of mind. Therefore, the infraction of mandatory procedure leading to penal consequences assumes or implies prejudice

Statute: Income Tax ActSec.271(1)(c ) – Error in the notice Decision in favour of : Assessee

Title : Mohammed Farhan A Shaikh vs DCITCitation: 200 DTR 65 FB Bench: Mumbai Full Bench

If the assessment order clearly records satisfaction for imposing penalty on one or the other, or both grounds mentioned in section , a defect in the notice , not striking off the irrelevant matter, vitiates the penalty proceedings; the assesse must be informed of the grounds of the penalty proceedings only through statutory notice; an omnibus notice suffers from the vice of vagueness

Date Event Time CPE

03-09-2021 Virtual CPE Seminar on Filing of return of individuals and Tax plan-ing for salaried employees

3 pm - 6 pm 3 Hrs

06-09-2021 to 10-09-2021 Virtual Refresher Course on Direct Taxes 3 pm - 6 pm 15 Hrs

14-09-2021 Virtual CPE Seminar on Audit features and tips for professionals in Tally

3 pm - 6 pm 3 Hrs

18-09-2021 Virtual CPE Seminar on International Taxation - Overview and treaty of discussion

10 am - 1 pm 3 Hrs

20-09-2021 Virtual CPE Seminar on Decoding Cryptocurrency and its way forward for our members

3 pm - 6 pm 3 Hrs

23-09-2021 Virtual Chain Seminar on Tax Audit 3 pm - 6 pm 3 Hrs

25-09-2021 Virtual Chain Seminar on Tax Audit 10 am - 1 pm 3 Hrs

28-09-2021 to 29-09-2021 Virtual CPE Workshop on Digital Technologies 12 noon - 2 pm 4 Hrs

PROPOSED PROGRAMMES FOR SEPTEMBER 2021

August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI 10

e-NEWSLETTERErnakulam Branch of SIRC of ICAIRECENT ADVANCE RULINGS UNDER GOODS AND SERVICES TAXJUDICIAL DECISIONS ON INDIRECT TAXES

Indirect Tax

CA.P.J.Johney FCA

A. RECENT ADVANCE RULINGS UNDER GST

Statute: Goods and Services Tax Decision in favour of: Applicant

Title: Kumaran Oil Mill, In reB. Senthil Velavan and Kurinji Selvaan V. S.

(Members)Citation: [2021] 90 GSTR 250 (AAR)Bench/Court:[Before the Authority for Advance Ruling] (Goods and Services Tax, Tamilnadu)

Goods and Services Tax-Input Tax Credit-Total Turnover-Applicant engaged In Business of Edible Oil Starting New Business Dealing in “Generation and Distribution of Renewable Energy’ -Eligible for Proportionate Claim of Input Tax Credit as per Section 17(2) of CGST/TNGST Act read with Rule 42 or Rule 43 of CGST or TNGST Rules, 2017 On Goods or Services Used in Installation of Renewable Power Generation Plant Under “Rec Scheme”-Capital Goods-Capitalised in Their Books of Account-Apportioning Common Credit Using Total Turnover of Registered Person-Total Turnover Includes Turnover of Edible Oil Business and Total Turnover of Power Generation Business-Central Goods and Services Tax Act (12 of 2017), S. I7(2) Tamil Nadu Goods and Services Tax Act

(19 of 2017), S. I7(2)-Central Goods and Services Tax Rules, 2017, rr. 42, 43-Tamil Nadu Goods and Services Tax Rules, 2017, rr. 42, 43.

Statute: Goods and Services Tax Decision in favour of: APPELLANT

Title: Fraunhofer- Gesellschaft Zur Forderung Der Angewandten Forschung

E.V, Germany, In reD. P. Nagendra Kumar and M. S. Srikar

(Members)Citation: [2021] 90 GSTR 311 (AAAR) Bench/Court: [Before the Appellate Authority for Advance Ruling] (Goods and Services Tax, Karnataka)

Goods and Services Tax-Supply of Services -Appellant-Organisation Incorporated in Germany Engaged in Promoting Applied Research and Development for Benefit of Industry and Society-Established a Liaison Office in Bengaluru, An Extended Arm of Head Office to carry out Activities As Permitted By Reserve Bank of India-Activities of Liaison Office Not Supply of Services - Not Required to Be Registered Under Goods and Services

Tax Act-Not Liable to Pay Goods and Services Tax-Central Goods and Services Tax Act (12 of 2017), ss. 2(84), 7(1)(A), 22, 25—Companies Act (18 of 2013), S. 2(42).

Statute: Goods and Services TaxDecision in favour of: Department

Title: Vilas Chandanmal Gandhi In reSmt. P. Vinitha Sekhar and A. A. Chahure

(Members)Citation: [2021] 90 GSTR 351(AAR)Bench/Court: [Before the Authority for Advance Ruling] (Goods and Services Tax, Mharashtra) Goods and Services Tax-Sale of Transferable Development Rights/Floor Space Index-Rate of Tax-Sale of Transferable Development Rights/Floor Space Index Received as Consideration for Surrendering Joint Rights in Land in Terms of Development Control Regulations -Liable Under SL. No. 16, Item (III) of Notification No. 11/2017-C. T. (Rate) Dated June 28, 2017 Under Heading 9972 At 18 Per Cent. (Nine Per Cent CGST + Nine Per Cent SGST)-Maharashtra Goods and Services Tax Act (43 of 2017)

B.JUDICIAL DECISIONS ON INDIRECT TAXES

Statute: Goods and Services Tax Decision in favour of: Assessee

Title: Agarwal Foundries Private Limited and others V. Union of India and others

M.S. Ramachandra Rao and T. Amarnath Goud JJ.

Citation: [2021] 90 GSTR 83 (Telangana)Bench/Court: [In the Telengana High Court]

Goods and Services Tax-Search and Seizure-Procedure-No Provision Entitling Officials of Department to use physical violence against persons they suspect of being guilty of tax evasion-Central Goods and Services Tax Act (12 of 2017).Writs Under Constitution-Maintainability-Application for Pre-Arrest Protection-Existence of Alternative Remedy-Search and Seizure-Conflicting Versions As to Events Which Transpired During Search-Allegation By Assessee of Use of Violence and Assault By Officials and Denial By Latter-Outpatient Discharge Advice of Hospital Suggesting Injury to Extent That He Was Unable to Walk and Required Medical Treatment-Acknowledgment By Police of Call Made By Employee of Assessee and Case Assigned to Police Station—Prima Facie Possibility of

Use of Violence By Officials not Ruled out-Case Falling Under Exceptional Category-Petition Maintainable-Offending Officer Not to Participate in Enquiry- Directions Given-Central Goods and Services Tax Act (12 of 2017), S. 70-Constitution of India, Art. 226. Fundamental Rights-Right to Liberty-Search and Seizure-Detention of Director in Office of Assessee Till After Midnight-Prima Facie Deprivation of Liberty of Director-to Be Construed As Informal Custody and Law Relating to Accused in Custody to Be Applied-Department’s Contention That Established Procedure Followed, and No Harm or Damage Done to Any Person or Property-Not Tenable- Constitution of India, Art. 21.Search and Seizure-Investigation-Inquiry-No Absolute Bar to Permit Interrogation in Presence of Lawyer Within Visible Range.

Statute: SERVICE TAXDecision in favour of: AssesseeTitle: Omaxe New Chandigarh Developers Pvt. Ltd, and Another (Formerly Known as Omaxe Chandigarh Extension Developers

Pvt. Ltd) V. Union Of India and Others

Rajiv Shakdher and Talwant Singh JJ.Citation: [2021] 90 GSTR 152 (Delhi)Bench/Court: [In the Delhi High Court]

Service Tax-Show Cause Notice-Whether Department Mandatorily Required to Hold Pre-Show-Cause Notice Consultation with Assessee Prior to Initiation of Proceedings-Scope of Master Circular of Board-Directions to Hold Pre-Show-Cause Notice Consultations-Finance Act (32 of 1994)-Central Board of Excise and Customs Instruction Dated December 21, 2015 Bearing E No. 1080/09/DLA/MISC/15/757-Central Board of Excise and Customs Master Circular Dated March 10, 2017.

Statute: VALUE ADDED TAXDecision in favour of: Assessee

Title: Kaushalesh Steels V. Additional Commissioner of Commercial Taxes, Gandhinagar, Bangalore and Others

Alok Aradhe and Nataraj Rangaswamy JJ.Citation: [2021] 90 GSTR 156 (Karn)Bench/Court: [In the Karnataka High Court]

Value Added Tax- Penalty-Check-Post-Inspection of Goods in Movement-Revision-

Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 11


Additional Commissioner-Dispatch of Goods Purchased From R in Hyderabad Against Form C for Resale in State of Karnataka Under 12 Separate Invoices and 12 Goods Vehicles-All Vehicles Entered State of Karnataka and Stationed Near Hebbagodi for Goods to Be Weighed Before Delivery-Commercial Tax Officer Imposing Penalty in Respect of All 12 Vehicles and Appeals Preferred By Appellant Dismissed By Joint Commissioner-Commercial Tax Officer Pursuant to Remand By Tribunal, Examined Documents, Accepted Submission Made By Appellant That Vehicles Stationed At Hebbagodi for Weighment and Passed Fresh Orders Levying Penalty in Respect of 6 Vehicles Only Not Reporting At Entry Point Check-Post for Violation of Section 93(2)(C) and (D)-No Appeal Filed Against Order Passed By Commercial Tax Officer Under Section 53(2)(C) in Respect of 6 Vehicles- Additional Commissioner Invoking - Provisions of Section 64(1) of Act, Levying Enhanced Check-Post Penalty Under Section 53(2)(B) in Respect of 12 Goods Vehicles and Under Section 53(2)(C) and (D) in Respect of 6 Goods Vethcles - Section 53(2)(D) Not Applicable As No Inter-State Movement Involved-On Facts Two Views Possible Regarding Applicability of Penalty Under Section 53(2)(B) Order Passed By Commercial Tax Officers Neither Erroneous Nor Prejudicial to Interest of Revenue-Additional Commissioner Cannot Invoke Provisions of Section 64(1)-Karnataka Value Added Tax Act, 2003 (32 of 2004), ss. 52(2)(B), (C), (D),53(12), 64(1).

Statute: SALES TAXDecision in favour of: Assessee

Title: State of Karnataka v. KAP Steel LtdAlok Aradhe And H. T. Narendra Prasad JJ.Citation: [2021] 90 GSTR 172 (Karn)Bench/Court: [[In the Karnataka High Court]

Sales Tax-Refund-Government Order Dated June 30, 1969 Providing for Refund of Tax Paid On Purchases of Raw Materials Subject to Certificate Issued By Department of Industries and Commerce to Dealer-Law Department of Government Expressing Opinion That Dealer Entitled to Benefit of Refund of Tax-Tribunal Holding Dealer Entitled to Refund of Tax-Proper-Karnataka Sales Tax Act (25 of 1957).

Statute: VALUE ADDED TAXDecision in favour of: Department

Title: THAKKARAM RESTAURANT . v. STATE OF KERALA

K. Vinod Chandran and T.R.Ravi JJ.Citation: [2021] 90 GSTR 180 (Ker)Bench/Court: [In the Kerala High Court]

Value Added Tax-Dealer In Cooked Food-Compounding of Tax-Failure to Pay Tax-Cancellation of permission for Compounding Proper-Dealer Filing Revised Return After Finalisation of Penalty Proceedings and Payment of compounding fee and tax Shortfall with Interest-Dealer May Still Suffer

best Judgement Assessment If Pattern of Suppression Detected-Substantial Suppression of More Than Rs. 10 Lakhs-Valid Inference of Pattern of Suppression-Best Judgment Assessment Proper-Section 25aa Not Applicable-Kerala Value Added Tax Act, 2003 (30 of 2004), ss. 6(2), 8(C)(I), 25aa-Kerala Value Added Tax Rules, 2005, R. 11(6).

Statute: VALUE ADDED TAXDecision in favour of: DepartmentTITLE: D Carnival Foods & Beverages Pvt.

Ltd. V. State of KeralaS.V. Bhatti and Bechu Kurian THOMAS JJ.Citation: [2021] 90 GSTR 183 (Ker)Bench/Court: [In the Kerala High Court]

Value Added Tax-Dealer in Cooked Food-Compounding of Tax-Cancellation of Permission for Compounding-Regular Assessment can be Made Thereafter-Kerala Value Tax Act, 2003 (30 of 2004), Ss. 6(2), 8(C)(I), 22(10) -Kerala Value Added Tax Rules, 2005, R. 11 (6).

Statute: SALES TAXDecision in favour of: DepartmentTitle: Shree Durga Rice Mill v. State of OrissaDr. S. Muralidhar C. J. and B. P. Routray J.Citation: [2021] 90 GSTR 185 (Orissa)Bench/Court: [n the Orissa High Court] (video conferencing) Sales Tax-Packing Material-Rate of Tax-Sale of Levy Rice to Food Corporation of India in Gunny Bags-New Gunny Bags Separately Sold and Paid for By Corporation-Gunny Bags Taxable At Rate Applicable to Jute Products, Not Rice-Orissa Sales Tax Act(14 of 1947), S. 5(1).

Statute: Goods and Services TaxDecision in favour of: Assessee

Title: Kamlesh Steels v. Deputy State Tax Officer, Hyderabad and Others

M. S. Ramachandra Rao and T. Amarnath Goud JJ.

Citation: [2021] 90 GSTR 189 (Telangana)Bench/Court: [In The Telangana High Court]

Writs Under Constitution-Existence of Alternative Remedy -Goods and Services Tax-Detention of Goods- Appellate Remedy Only Against Decision or Order of Adjudicatory Authority - No Reasoned Order Passed and Communicated to Assessee After Considering Assessee’s Explanation- Assessee Could Not Have Availed of Remedy of Appeal-Writ Petition Maintainable-Constitution of India, Art. 226-Telangana Goods and Services Tax Act (23 of 2017), S. 107. Goods and Services Tax-Detention of Goods-General, Principles-Detention on Ground Documents Tendered Found Defective-Which Document was Defective and Why, Not Mentioned-Vehicle Carrying Tax Invoice and E-Way Bill-Documents Tendered Clearly Showing Goods to Be Delivered At Secunderabad-Movement of Goods Could Not Be Stopped-Explanation Offered By

Assessee Plausible and Officer Failing to Consider It- Detention Not Permissible On Sole Ground That Vehicle Found At Wrong Destination Without Anything More-Noting to Show Attempt By Assessee to Sell Goods in Local Market Evading Tax -Detention of Vehicle and Collection of Tax and Penalty Not Justified-Direction for Refund-Telangana Goods and Services Rules, 2017, R. 68-Central Board of Indirect Taxes and Customs Circulars Dated April 13, 2018 and September 14, 2018-Constitution of India, Arts. 14, 265, 301.

Central Board of Indirect Taxes and Customs-Circulars-Binding On Officers of Department. Interpretation of Taxing Statutes-Must Facilitate Business-Must not Result in Impediment of Business or Harassment.

Statute: VALUE ADDED TAXDecision in favour of: Department Title: Sojitz India Private Limited V. Commercial

Tax Officer (Enf.), Vellore and Another P. D. Audikesavalu J.

Citation: [2021] 90 GSTR 207 (Mad)Bench/Court: [in the Madras High Court] (Video conferencing)

Writs Under Constitution-Existence of Alternative Remedy-Order Fixing Compounding Fees Payable-Revision Petition Not Filed Against Order Within Time Allowed and Order Attaining Finality -Writ Petition Against Notice of Demand Not Maintainable-Tamil Nadu Value Added Tax Act (32 of 2006), S. 57-Constitution of India, Art. 226. Statute: Goods and Services TaxDecision in favour of: AssesseeTitle: LM Wind Power Blades India Pvt. Ltd.

V. State of Maharashtra and OthersUjjal Bhuyan and Abhay Ahuja JJ.

Citation: [2021] 90 GSTR 218 (Bom)Bench/Court: [In the Bombay High Court] Goods and Services Tax-Detention of Goods-Release Against Bank Guarantee-Appeals of Assessee Dismissed-Assessee Requesting Bank Guarantees Not Be Encashed in View of Proposal to File Appeal to Tribunal-Department Encashing Bank Guarantees -High Court-Amount with Department Including Sums Paid As Pre-Deposit Before Appellate Authorities Far in Excess of Sum Likely to Be Due From Assessee Even If Appeal Dismissed By Tribunal-Direction to Department to Refund Amount Covered by Encashed Bank Guarantees with Interest and to Assessee to Furnish Fresh Bank Guarantees for Balance—Central Goods and Services Tax Act (12 of 2017), ss. 107, 112, 129. Statute: Goods and Services Tax Decision in favour of: AssesseeTitle: Mysore Race Club Limited V. State of

Karnataka and OthersM. Nagaprasanna J.

July 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI


E-Newsletter Released by CA.Renjith R.Warrier, Chairman, Ernakulam Branch of SIRC of ICAI , ‘ICAI Bhawan’, Diwan’s Road, Ernakulam, Kochi - 682016Phone: 0484- 2362027. Email: [email protected]. Website: www.ernakulam-icai.org Editor: CA.Renjith R.Warrier, Chairman, Ernakulam Branch of SIRC of ICAI.

Citation: [2021] 90 GSTR 264 (Karn)Bench/Court: [n the Karnataka High Court]

Goods and Services Tax-Charge of Tax-Actionable Claim- Taxable Value-Provision that Value of Actionable Claim in Form of Chance to Win in Horse Race of Race Club Is 100 Per Cent, of Face Value of Bet- Ultra Vires Act-Race Club Providing Totalisator Service and Receiving Commission for Providing Such Service- No Supply of Goods or Bets By Assessee-Commission Not in Respect of or in Response to an Inducement of Supply of Betting Transactions- Totalisator Holding Money in Trust on Behalf of Punter Before Redistribution to Winner Not “Consideration” -Assessee Liable for Payment of Goods and Services Tax on Commission Received for Service Rendered Through Totalisator and not on Total Amount Collected in Totalisator-Central Goods and Services Tax Act (12 of 2017), Ss. 2(1), (17), (31), (52), (93), (105), (107), 7,9 ; SCH III Ch. 6- Karnataka Goods and Services Tax Act (27 of 2017) - Karnataka Goods and Services Tax Rules, 2017, R. 31a-Central Goods and Services Tax Rules, 2017, R. 31a(3)-Constitution of India, Arts. 246a, 366(12a).

Statute: Goods and Services TaxDecision in favour of: Asseessee/Department

Title: Khushi Sarees V. State of GujaratVikram Nath C.J. and J. B. Pardiwala J.

Citation: [2021] 90 GSTR 299 (Guj)Bench/Court [In the Gujarat High Court]

Goods and Services Tax-Recovery of Tax-Provisional Attachment -Condition Precedent-Opinion Necessary to Be Formed for Purpose of Protecting Interest of

Government Revenue-Order of Provisional Attachment Bereft of Any Reason-Nothing in File to Show Genuineness of Belief Formed By Authority -Order of Provisional Attachment of Immovable Property Not Sustainable - Central Goods and Services Tax Act (12 of 2017), S.83.

Statute: Goods and Services TaxDecision in favour of: Assessee

Title: Benq Catering and Allied Services Private Limited V. Assistant Commissioner

and OthersJoymalya Bagchi and K. Suresh Reddy JJ.

Citation: [2021] 90 GSTR 326 (AP)Bench/Court:[In the Andra Pradesh High Court](video conferencing)

Goods and Services Tax- Assessment-Natural Justice-Assessment Order Passed Without Granting Opportunity of Hearing to Assessee Despite Prayer Therefor-to be Set aside-Central Goods and Services Tax Act (12 of 2017), S. 75(4).

Statute: SERVICE TAXDecision in favour of: Assessee

Title: J Ram Mech & Tech India P. Ltd. V. Union of India and Others

Ujjal Bhuyan and Milind N. Jadhav JJ.Citation: [2021] 90 GSTR 329 (Bom)Bench/Court [In the Bombay High Court]

Service Tax- Dispute Resolution-Declaration-Eligibility-Category “Investigation, Enquiry or Audit” -Written Communication of Duty Payable-Quantification Need Not be on Completion of Investigation

- Director of Assessee in Statement Before Superintendent (Prev.) Admitting Approximate Net Service Tax Liability of Rs. 40 to Rs. 45 Lakhs Subject to Verification of Books-Sum Broadly Corresponding to Figure Disclosed By Assessee in Declaration, I.E., Rs. 43,37,865-Designated Authority Rejecting Declaration On Ground of Ineligibility As Liability Not Quantified Before June 30, 2019-Not Sustainable-Designated Authority to Consider Declaration As Valid Declaration and Pass Speaking Order~ Finance (No. 2) Act (23 of 2019), S. 125(1)(E) -Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019.

Statute: SALES TAXDecision in favour of: AssesseeTitle: Bajrangballi Wire Products Pvt. Ltd. V.

State of OrissaDr. S. Muralidhar C.J. and B.P.Routray J.

Citation: [2021] 90 GSTR 343 (Oriss)Bench/Court [In the Orissa High Court]

Sales Tax -Exemption-Certificate Issued By District Industries Centre Expressly Granting Dealer Exemption From Payment of Sales Tax On Mild Steel Wires Produced From Mild Steel Rods As Raw Material- Whether Drawing of Mild Steel Wires From Mild Steel Rods Amounted to Manufacture Not Relevant-That Dealer Took Different Contention in Later Year Not Relevant-Tax Liability for Each Assessment Year to Be Decided On Law Prevailing in That Assessment Year-Dealer Entitled to Exemption Subject to Fulfilment of Conditions in Eligibility Certificate-Orissa Sales Tax Act (14 of 1947), S. 12(4).

Due Date Particulars Description07-Sep-21 TDS/TCS payment Deposit TDS/TCS for the month of August 202110-Sep-21 GSTR-7 TDS deductor for the month of August 2021- Form GSTR-7

GSTR-8 TCS(Collector- e commerce operators) for the month of August 2021- Form GSTR-811-Sep-21 GSTR-1 Aggregate turnover of more than INR 5Cr.- during preceeding year- August 2021

GSTR-1 Aggregate turnover of upto INR 5 Cr. and opted to file monthly return - August 202113-Sep-21 GSTR-1 Aggregate turnover upto 5 Cr. and opted to file QRMP Scheme - August 2021 (IFF)

GSTR-6 Input Service Distributors (ISD)- August 2021 - Form GSTR-614-Sep-21 TDS Certificates Due date for issue of TDS Certificate for tax deducted under section 194M/1A/1B in the month of July 202115-Sep-21 Advance Tax Advance Tax Payement for 2nd Qtr (July-Sept ) for FY 21-22

PF Payment of Provident Fund for the month of August 2021ESI Payment of ESI for the month of August 2021- ESI Challan

20-Sep-21 GSTR-3B Aggregate turnover more than INR 5 Cr. in preceeding year or have not opted to file monthly return - August 2021GSTR-5/5A Non-Resident Taxpayers and ODIAR services provider

25-Sep-21 PMT-06 Challan for depositing GST by taxpayers who have opted for the quarterly filing of GSTR-3B under QRMP scheme30-Sep-21 Income Tax Return ITR filing for non audit cases and who have not entered into any international or specified domestic transactions for FY

2020-2021Aadhaar LInking Due date for linking of Aadhaar number with PANChallan -cum-state-ment

Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA/IB/M in the month of August 2021

DIR- 3 KYC KYC of Directors

Compliance Calendar for September 2021