APPOINTMENT DATE FOR SECTION 23 AND 45 COMPANIES (AMENDMENT) ACT, 2020

 COMPANIES (AMENDMENT) ACT, 2020

Section 124 (7) of the Companies Act, 2013 provides penalty if a company fails to comply with the provisions of section 124 (unpaid dividend).  The original penalty on the company is - penalty which shall not be less than Rs.5 lakhs but which may extend to Rs.25 lakhs.  Officer-in-default shall be imposed penalty not less than Rs.1 lakh but which may extend to Rs.5 lakhs.

Section 23 of Companies (Amendment) Act, 2020 caused an amendment to section 127(7) and substituted a new provision to section 127(7).  The penalty is reduced by amendment.  The new penalty is Rs.1 lakh.  If the offence is a continuous one, a further penalty of Rs.100/- for each day subject to a maximum of Rs.10 lakhs.  The officer in default is liable to a fine of Rs.25,000/-; if the offence is a continuous one, a further penalty of Rs.100/- for each day subject to a maximum of Rs.2 lakhs.

Section 23 which amends section 124(7) of the Companies Act came into effect from 24.03.2021.

Section 45 of Companies (Amendment) Act, 2020 substitutes the penalty imposed under section 247 for the Registered Valuer contravening the provisions of section 247 and the rules made there under.  The penalty imposed on registered valuer is not less than Rs.25,000/- but may be extended to Rs.1 lakhs.

The amendment reduces the penalty.  The new penalty amount is Rs.50,000/-

Section 45 which amends section 247(3) of the Companies Act came into effect from 24.03.2021.

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Extension of Cheque Truncation System (CTS) across all bank branches in the country

 The CTS is in use since 2010 and presently covers around 1,50,000 branches. All the erstwhile 1219 non-CTS clearing houses (ECCS centres) have been migrated to CTS effective September 2020. It is, however, seen that there are branches of banks that are outside any formal clearing arrangement and their customers face hardships due to longer time taken and cost involved in collection of cheques presented by them.

To leverage the availability of CTS and provide uniform customer experience irrespective of location of her/his bank branch, it has been decided to extend CTS across all bank branches in the country. To facilitate this, banks shall have to ensure that all their branches participate in image-based CTS under respective grids by September 30, 2021. They are free to adopt a model of their choice, like deploying suitable infrastructure in every branch or following a hub & spoke model, etc. and concerned banks shall coordinate with the respective Regional Offices of RBI to operationalise this.

Banks are advised to inform RBI (helpdpss@rbi.org.in) the roadmap to achieve pan India coverage of CTS and submit a status report before April 30, 2021.

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EXTENSION OF DUE DATE FOR FURNISHING GSTR - 9 AND GSTR - 9C

 The Department of Finance issued a press note today.

In this press note the Department indicated that the due date for furnishing of the Annual Returns - GSTR - 9 and GSTR - 9C specified under section 44 of the CGST Act read with Rule 80 of the CGST Rules for the financial year 2019-20 was earlier extended from 31.12.2020 to 28.02.2021 vide Notification No. 95/2020-Central Tax, dated 30.12.2020.  In view of the difficulties experienced by the taxpayers in the meeting this time limit, Government has decided to further extend the due date for furnishing GSTR - 9 and GSTR - 9C for the financial year 2019 - 20 to 31.03.2021 with the approval of Election Commission of India.  

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EXEMPTION FROM AADHAAR AUTHENTICATION - GST REGISTRATION

Section 25 (6B) and 6(C) of CGST Act, 2017 provides that  every individual or other than individuals, shall, in order to be eligible for grant of registration, undergo authentication, or furnish proof of possession of Aadhaar number.

Vide Notification No. 03/2021-Central Tax, dated 23.02.2021,the Central Government exempted the following categories from aadhaar authentication for registration under GST laws-

1. a person not a citizen of India; or

2.  a Department or establishment of the Central Government or State Government; or

3. a local authority; or

4. a statutory body; or

5.  a Public Sector Undertaking; or

6. a person applying for registration under the provisions of sub-section (9) of section 25 of the said Act-

   a. any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947) Consulate or Embassy of foreign countries ; and

b. any other person or class of persons, as may be notified by the Commissioner,

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Extension for filing of e-forms under Companies Act, 2013

 Ministry of Corporate Affairs, General Circular No. 04/2021, dated 28.01.2021 extended the due date of filing e-forms - AOC 4 ; AOC 4 (CFS), AOC  (XBRL), AOC 4 (Non XBRL) to 15.02.2021 without filing any additional fee in respect of financial year 2019-2020.

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Clarifications regarding availment of exemption on temporary import of durable Containers - Customs

 

Circular No.51/2020-Customs F. No. 450/41/2005-Cus IV Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes & Customs) ***** Room No.229A, North Block. New Delhi, dated the 20th of November, 2020 To, All Principal Chief Commissioners/ Chief Commissioners of Customs/ Customs (Preventive), All Principal Chief Commissioners/ Chief Commissioners of Customs & Central tax, All Principal Commissioners/ Commissioners of Customs/ Customs (Preventive), All Principal Commissioners/ Commissioners of Customs & Central tax. Madam/Sir, Subject: Clarifications regarding availment of exemption on temporary import of durable Containers - reg. Kind attention is invited to Notification No.104/94-Cus., dated 16.03.1994 (as amended) which grants exemption to import of containers of durable nature, from the whole of the duty of customs and the whole of the integrated tax leviable. The exemption is subject to the condition that such containers are re-exported within 6 months from the date of importation and that the importer executes a bond and furnishes documentary evidence to the satisfaction of the Assistant Commissioner/Deputy Commissioner to safeguard the duty in the event of non-compliance. 2. A representation has been received in Board regarding the eligibility of the exemption available under No.104/94-Cus. dated 16.03.1994, for durable containers which do not conform to the standard marine container dimensions, but which are intended for temporary import and eventual re-export. There is also a perceived ambiguity regarding procedural and system readiness regarding the import and re-export of such durable containers, which are not explicitly covered by the guidelines as provided under Circular No.31/2005-Cus., dated 25.07.2005. 3. The issue has been examined. Regarding the eligibility of the duty exemption, reference is invited to Board Circulars No.69/2002-Customs, dated 25.10.2002 and No.73/2002-Customs, dated 07.11.2002. These said circulars clarify that “As per the meanings assigned to the words `durable` and `container` in various Dictionaries, it would appear that any goods (containers) used for packaging or transporting other goods, and capable of being used several times, would fall in the category of `containers of durable nature". Further, `durable containers` covers within its ambit “any type of reusable packaging containers such as cases, boxes, cartons, trays, etc., made up of metals or plastics”. Thus, it is hereby reiterated that containers that satisfy following conditions are eligible for the said duty exemption: a) that are durable, b) capable of being re-used multiple times, c) capable of being identified at the time of re-export viz. a viz. the imported containers, and d) satisfy all the other stipulated conditions in the notification. 4. The procedure to be followed for import and re-export of marine containers would continue to be governed by guidelines provided in Circular No. 31/2005-Cus., dated 25.07.2005. 5. For durable containers which do not conform to the standard marine container dimensions, but which are intended for temporary import and eventual re-export, the procedure to be is followed is given below:- a) When empty containers are imported into India -The empty containers shall be required to be declared as an item in the bill of entry filed under section 46 of the Customs Act, 1962. The containers would be eligible for exemption from all the applicable customs duties as per Notification No.104/94-Cus.,dated 16.03.1994, as amended, subject to fulfilment of conditions therein. However, the bond for re-export and the security if applicable shall be required to be furnished at the time of import in the Customs System. Importers are advised to register the same as continuity bond for ease of compliance. b) When empty containers are moved out of India by sea or air - The empty containers shall be required to be declared as an item in the shipping bill filed under Section 50 of the Customs Act, 1962. The unique identifier for the containers would require to be verified at the time of the export by Customs. c) When containers are imported laden with import cargo - In addition to the declaration of items as per the invoice, such containers shall also be required to be declared as a separate item in the bill of entry filed under section 46 of the Customs Act, 1962. While applicable duties on the imported cargo shall be required to be duly discharged as per the applicable tariff rates under the Customs Tariff Act, 1975, the containers would be eligible for duty exemption as per Notification No.104/94-Cus., dated 16.03.1994, as amended, subject to fulfilment of conditions therein. After Customs clearance, the empty containers can be moved, subject to the conditions of the bond and the security if applicable. d) When containers are exported with export cargo - The durable container shall be required to be filed as separate item (either in the same invoice or in different invoice as per commercial agreement) in addition to the export laden cargo under Section 50 of the Customs Act, 1962, for the goods meant for export. The stuffing of the export cargo at the airport or the exporter`s premises would not be relevant to Customs, as long as the Unique Identifier for the container is verifiable at any time of the export by Customs. The export cargo and the declaration in the shipping bill will be subjected to assessment and examination as per instructions in the Customs Automated System. e) Conditions of bond- A continuity re-export bond and security, if applicable at the port of import shall be required to be furnished by the importer for the durable containers that are temporarily imported. The processes involved in imports of durable containers for re-export within the stipulated period including facility of partial crediting the bond after export are available in the Customs Automated System. 6. Directorate General of Systems would issue a detailed Systems Advisory in this regard, for guidance of the trade and departmental officers. 7. Any difficulties faced in the implementation of this circular may please be brought to the notice of the Board. Yours faithfully, (Eric. C. Lallawmpuia) OSD (Customs-IV)

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Imports from North Korea (KP)/Exports to North Korea(KP)

 

Instruction No. 19/2020-Customs F. No.450/88/2016-Cus- IV Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes & Customs) ***** Room No.227B, North Block, New Delhi, dated the 18th of November, 2020. To, All Principal Chief Commissioners/ Chief Commissioners of Customs/ Customs (Preventive), All Principal Chief Commissioners/ Chief Commissioners of Customs & Central tax, All Principal Commissioners/ Commissioners of Customs/ Customs (Preventive), All Principal Commissioners/ Commissioners of Customs & Central tax. All Principal Director Generals/Director Generals under CBIC. Madam/Sir, Subject: Imports from North Korea (KP)/Exports to North Korea(KP)- reg. The undersigned is directed to refer to the United Nations Security Council’s (UNSC) Resolution relating to the above subject, the latest being 2397 (2017). The UNSC`s resolutions have been adopted by Government of India and the above stated resolution has been given force in law by way of DGFT Notification No.52/2015-20 dated 07.03.2018. 2. Vide the above said Notification dated 07.03.2019, the import and export policy of DGFT has been further amended outlining the prohibitions on imports from North Korea and exports to North Korea in para 2.17 of the Foreign Trade Policy 2015-20. DGFT has also issued Trade Notice No.16/2020 dated 16th May 2019 to further clarify item descriptions and corresponding HS codes relevant to the said notification dated 07.03.2018. 3. It is noticed that several consignments have been interdicted by RMS in this regard. Upon scrutiny of these instances of imports/exports, it has been found that these are due to inadvertent data entry mistakes at the time of filing the Bills of Entry and Shipping Bills. However, despite instructions from the RMS to amend such data entry errors, Customs field formations have been clearing such import/export consignments without the requisite amendments. It may be appreciated that, once OOC/LEO is given without amendments, the data gets published by Directorate General of Commercial Intelligence and Statistics (DGCIS) leading to avoidable misinformation of violations of import/export prohibitions in this regard. 4. All Customs field formations are directed to ensure strict compliance of the legal prohibitions in force in regard to imports/exports from/to North Korea, and in case of bonafide errors in data entry, the Customs clearance (OOC/LEO) are to be allowed only after amending the data entry to delete the incorrect reference to North Korea and mention the correct Country of import/export (other than North Korea). 5. Suitable amendments in the RMS would also be made promptly. 6. Any difficulty in this regard may be informed to Board. Yours faithfully, (Ananth Rathakrishnan) Deputy Secretary (Customs) Email : dircus@nic.in Ph 01123095551

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Extending the levy of Anti-Dumping duty on Phthalic Anhydride

                                                 GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 38/2020 -Customs (ADD)

New Delhi, the 19th November, 2020

G.S.R. 730 (E). -Whereas, the designated authority vide initiation notification No. 7/11/2020-DGTR, dated the 11th May, 2020, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th May, 2020, has initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of ‘Phthalic Anhydride’ originating in or exported from Japan and Russia, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 56/2015-Customs (ADD), dated the 4th December, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 933(E), dated the 4th December, 2015, and has requested for extension of the said anti-dumping duty in terms of sub-section (5) of section 9A of the Customs Tariff Act.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with rules 18 and 23 of the said rules, the Central Government hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 56/2015-Customs (ADD), dated the 4th December, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 933(E), dated the 4th December, 2015, namely:-

In the said notification, after paragraph 2 and before the Explanation, the following paragraph shall be inserted, namely: -

“3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed under this notification shall remain in force up to and inclusive of the 31st January, 2021, unless revoked, superseded or amended earlier.”.

[F. No. 354/39/2015-TRU(Pt-I)]

(Gaurav Singh)

Deputy Secretary to the Government of India

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Rate of exchange of conversion of each of the foreign currencies as on 20.11.2020

 

Sl. No.	Foreign Currency	Rate of exchange of one unit of foreign currency equivalent to Indian rupees
(1)	(2)	(3)
		(a)	(b)
		(For Imported Goods)	(For Exported Goods)
1.	Australian Dollar	55.40	53.10
2.	Bahraini Dinar	203.55	191.10
3.	Canadian Dollar	57.80	55.80
4.	Chinese Yuan	11.50	11.15
5.	Danish Kroner	12.00	11.60
6.	EURO	89.65	86.45
7.	Hong Kong Dollar	9.75	9.40
8.	Kuwaiti Dinar	251.05	235.40
9.	New Zealand Dollar	52.70	50.40
10.	Norwegian Kroner	8.35	8.10
11.	Pound Sterling	100.05	96.65
12.	Qatari Riyal	20.80	19.45
13.	Saudi Arabian Riyal	20.45	19.20
14.	Singapore Dollar	56.30	54.40
15.	South African Rand	4.95	4.65
16.	Swedish Kroner	8.80	8.50
17.	Swiss Franc	83.20	79.95
18.	Turkish Lira	9.90	9.35
19.	UAE Dirham	20.90	19.60
20.	US Dollar	75.20	73.50

SCHEDULE-II

Sl. No.	Foreign Currency	Rate of exchange of 100 units of foreign currency equivalent to Indian rupees
(1)	(2)	(3)
		(a)	(b)
		(For Imported Goods)	(For Export Goods)
1.	Japanese Yen	73.00	70.35
2.	Korean Won	6.90	6.45

Notification No. 108/2020 - Customs (N.T.)

Dated: 19.11.2020

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REJECTION OF RESOLUTION PLAN

 2020 (10) TMI 913 - NATIONAL COMPANY LAW APPEALLATE TRIBUNAL, NEW DELHI

PANNA PRAGATI INFRASTRUCTURE PVT. LTD. & ANOTHER VERSUS AMIT PAREEK & OTHERS

Delay of 2 days in filing revised Resolution Plan - CIRP process still ongoing - Direction to Resolution Professional to take on record and consider the revised offer submitted by e-mail dated 14th February, 2020 - rejection on the ground that the Resolution Plan of the highest bidder has already been approved with 100% voting and the Application of Appellant suffered from latches and lacked bonafidies - HELD THAT:- In the instant case, Appellants submitted the Resolution Plan only two days after the revised plan of Respondent No.4 and well within the 180 days of ordinary timelines of CIRP under ‘I&B Code’. There was no justification for its rejection by the Resolution Professional who was duty bound to place the same before the Committee of Creditors especially when the ordinary CIRP period of 180 days was still subsisting.

The impugned orders suffer from grave legal infirmity besides involving factual frailty. The impugned orders are accordingly set aside and the appeals are allowed. The CIRP is directed to resume from the stage of consideration of the Resolution Plans. The Resolution Professional shall place the Resolution Plans of H1 and H2 besides revised Resolution Plan of Appellants before the Committee of Creditors for consideration. The Committee of Creditors would take a call in according consideration to such Resolution Plans keeping in view the extended timelines. The period of judicial intervention shall stand excluded while computing the extended timelines of 270 days.

No.- Company Appeal (AT) (Insolvency) No. 515 of 2020 Company Appeal (AT) (Insolvency) No. 516 of 2020

Dated.- October 19, 2020

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INITIATION OF CIRP - MAINTAINABILITY OF PETITION

 2020 (10) TMI 964 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCH

P.H. COMBINES (A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR, MR PRAVINKUMAR SURESHCHANDRA BHOOT) VERSUS MDA AGROCOT PRIVATE LIMITED

Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - claim of Financial Creditor - time limitation - amount in question has been claimed in a civil suit before the Civil Judge (Senior Division), Amravati, by the Financial Creditor, which dismissed the application of the Financial Creditor for attachment before judgment, the appeal against the order has also been dismissed by the Hon’ble Bombay High Court - suppression of facts by Financial Creditor or not.

Time Limitation - HELD THAT:- The date of default mentioned in the application to be 21.09.2013. Also, the Financial Creditor has relied heavily on the acknowledgements in the balance sheets for the Financial Years 31.03.2013, 31.03.2014, 31.03.2015, 31.03.2016, 31.03.2017 and 31.03.2018, which have been attached to the petition at pp.133-219, to contend that the application filed under section 7 of the Code to be within the period of limitation.

The present application filed under section 7 of the Code fails the test of limitation in so far as the Code is concerned - Application dismissed.

No.- CP (IB) No.4276/MB.II/2018

Dated.- October 16, 2020

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APPROVAL SCHEME OF AMALGAMATION

 2020 (10) TMI 966 - NATIONAL COMPANY LAW TRIBUNAL , KOCHI BENCH

IN RE : KUNNATH PAPER MILLS PRIVATE LTD, MUNDASSERY BOARD AND PAPER MILLS PRIVATE LTD

Approval of Scheme of Amalgamation - Section 230-232 of the Companies Act, 2013 - HELD THAT:- Under Section 230(9) of the Companies Act, 2013, the Tribunal may dispense with calling of a meeting of Creditor or class of Creditors where such Creditor or class of Creditors, having at least 90% value, agree and confirm, by way of affidavit, to the scheme of compromise or arrangement.

More than 99% of the Shareholders, all Secured Creditors and more than 94% of the Unsecured Creditors of the Transferee Company as well as more than 99% of the shareholders and the only one Unsecured Creditor in the Transferor Company have been supporting and agreeing to the Scheme of Amalgamation and for dispensation of their meeting for approval of the scheme by way of their consent affidavits. There is no Secured Creditor in the Transferor Company.

Calling of the meetings of the members of the Transferor Company and Transferee Company as envisaged under Section 230(1) of the Companies Act, 2013 is not necessary and will not serve any purpose, if called.

Application disposed off.

No.- CA(CAA)/06/KOB/2020

Dated.- October 5, 2020

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RESTORATION OF NAME OF COMPANY IN THE REGISTER OF COMPANIES

 2020 (10) TMI 969 - NATIONAL COMPANY LAW TRIBUNAL , KOCHI BENCH

M/S WHITE FORT CONSTRCUCTIONS AND ENGINEERS PRIVATE LIMITED VERSUS THE REGISTRAR OF COMPANIES, KERALA AND LAKSHADWEEP

Restoration of name of the Company in the Register of Companies, maintained by the Registrar of Companies, Kochi - delay in filing the Balance Sheets and Annual Returns - Section 252(3) of the Companies Act, 2013 - HELD THAT:- It appears from the records that vide order dated 28.07.2020, the appellant was directed to produce the Financial Statements of the Company for the Financial Year 2018-19 along with the GST Returns. The appellants produced the same on 23.09.2020.

This Tribunal is of the opinion that it would be just and equitable to order restoration of the name of the Company in the Register of Companies - Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the company has not been struck off from the Register of Companies and take all consequential actions like change of company’s status from ‘Strike off’ to Active (for e-filing) and to intimate the bankers about restoration of the name of the company so as to defreeze its accounts - Application allowed.

No.- CA/36/KOB/2020

Dated.- October 16, 2020

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EXEMPTION FROM GST

 2020 (10) TMI 811 - AUTHORITY FOR ADVANCE RULINGS, KARNATAKA

IN RE: M/S. VIMOS TECHNOCRATS PRIVATE LIMITED,

Exemption from GST - benefit of N/N. 12/2017-Central tax (Rate) dated 28.06.2017 - pure consultancy services provided to the Municipalities and Corporations - taxability of pure consultancy services provided to the private individuals - rate of tax - input tax paid on the purchase of capital goods like furniture, computer, lab equipments, drone cameras, total station, auto level instruments, etc., and on certain services.

HELD THAT:- The applicant is involved in the rendering pure consultancy services like project management consultancy services including construction, supervision, quality control, rejuvenation and development of lakes. The applicant is also involved in the preparation of detailed project report for pumping treated water, scientific landfill at Bengaluru quarries, construction of Raja Nala and Other development civil works etc. The applicant provides these services mainly to the Municipalities, Corporations (i.e. local bodies) and to Government Departments and only in a few cases, a pure consultancy service is being provided to private parties - the work undertaken by the applicant reveals that he is providing majority of his services to the BBMP and Government Departments and to the smaller extent to the private individuals.

The ‘pure services’ provided to Central Government or State Government or to a local authority or Governmental authority in relation to any function entrusted to a Municipality under Article 243W of the Constitution is exempt from payment of tax - the BBMP and Sindhanur Municipality come under the definition of local authority and the service provided by the applicant to BBMP and Sindhanur Municipality is the service rendered to the local authority.

The applicant providing pure services (without supply of goods) to the Local bodies and to the Department of the State Government. The services provided by the applicant are in relation to the function entrusted to the Municipality under article 243W of the constitution. Hence the applicant is entitled to the benefit of Sl. No. 3 of Notification No.12/2017-Central Tax (Rate), dated 28th June 2017.

Benefit of Input Tax Credit - HELD THAT:- Sub-section 2 of section 17 of the CGST Act 2017 clearly says that, the amount of credit shall be restricted to so much of the input tax as is attributable to the taxable supplies including zero-rated supplies - Since the applicant providing both taxable and exempted supplies, applicant has to restrict the input tax paid on the capital goods to the extent of taxable supply of services.

No.- KAR ADRG 52/2020

Dated.- October 9, 2020

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TAXABLE SUPPLY OR NOT

 2020 (10) TMI 812 - AUTHORITY FOR ADVANCE RULINGS, KARNATAKA

IN RE: M/S THE KARNATAKA STATE CO-OPERATIVE MARKETING FEDERATION LIMITED

Taxable supply or not - transaction of supplying Kharif Arhar (Tur) Crops and Green Gram crops from farmers to NAFED - rate of tax to be charged for sale of Agricultural produce to NAFED - Input tax credit on GST paid on purchase of Gunny bags by KSCMFL - deduction of TDS - applicability of Section 51 and Notification 50/2018 - Central Tax dated 13^th September 2018.

HELD THAT:- In the instant case, the applicant is involved in the supply of the Kharif Arhar (Tur) and Kharif Green Gram to NAFED procured from the farmers for which applicant receives consideration in the course or furtherance of business. Hence the supply of Kharif Arhar (Tur) and Kharif Green Gram to NAFED by the applicant amounts to supply in terms of Section 7(l)(a) of the CGST Act 2017.

Exempted supply or not - HELD THAT:- The tariff item 0713 relating to Dried Leguminous Vegetables, shelled, whether or not skinned or split listed under the entry No.45 of the Notification No.2/2017- Central Tax(Rate) dated 28th June, 2017. Hence the supply of tur dal and green gram without any brand name by the applicant to NAFED is an exempted supply as per entry No.45 of the Notification No.2/2017- Central Tax(Rate) dated 28th June, 2017.

Input tax credit - HELD THAT:- The applicant purchasing gunny bags from third parties to pack the procured Kharif Arhar (Tur) and Kharif Green Gram from the farmers, by paying GST @ 5%. Since the supply of tur dal and green gram is an exempted supply as per entry No.45 of the Notification No.2/2017- Central Tax(Rate) dated 28th June, 2017 the input paid on purchase of gunny bags is ineligible to claim as input tax credit as per subsection 2 of section 17 of the CGST Act, 2017. The subsection 2 of section 17 of the CGST Act 2017 clearly says that, the amount of credit shall be restricted to so much of the input tax as is attributable to the taxable supplies including zero-rated supplies - hence, input tax paid on the purchase of gunny bags shall not be claimed as input tax credit as per subsection 2 of section 17 of the CGST Act 2017 as the applicant used the said gunny bags for packing and supplying exempted goods.

Deduction of TDS - HELD THAT:- The applicant is neither established by any Government with 51% or more participation by way of equity or control, to carry out its function nor is a Society established by the Central Government or the State Government or a local authority under the Society Registration Act, 1860. Hence the applicant is not covered under the list provided either in the Notification 50/2018 - Central Tax dated 13/09/2018or under the list prescribed under Section 51 of CGST/KGST Act,2017.Therefore the provisions of TDS as prescribed under section 51 of CGST/KGST Act, 2017 are not applicable to the applicant.

No.- KAR ADRG 53/2020

Dated.- October 12, 2020

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EXEMPTION FROM GST TO SATELLITE LAUNCH SERVICES

 Vide NOTIFICATION NO. 05/2020-Central Tax (Rate), dated 16.10.2020, 

the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, amended Notification No. 12/2017-Central Tax (Rate), dated 28.06.2017 by inserting Sl. No. 19C after Sl. No. 19B which reads as below-

19C

9965

Satellite launch services supplied by Indian Space Research Organisation, Antrix Corporation Limited or New Space India Limited.

Nil

Nil.

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Number of Digits of Harmonised System of Nomenclature Code

 Vide NOTIFICATION NO. 78/2020 – Central Tax, dated    15.10.2020, 

the Central Board of Indirect Taxes and Customs, on the recommendations of the Council, made amendments to Notification No.12/2017-Central Tax, dated 28.06.2017 by substituting the following table (With effect from 01.04.2021)

TABLE

Serial Number	Aggregate Turnover in the preceding Financial Year	Number of Digits of Harmonised System of Nomenclature Code (HSN Code)
(1)	(2)	(3)
1.	Up to rupees five crores	4
2.	more than rupees five crores	6

Provided that a registered person having aggregate turnover up to five crores rupees in the previous financial year may not mention the number of digits of HSN Code, as specified in the corresponding entry in column (3) of the said Table in a tax invoice issued by him under the said rules in respect of supplies made to unregistered persons.

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DUE DATE FOR FILING OF GSTR - 3B

 Vide NOTIFICATION NO. 76/2020 – Central Tax, dated 15.10.2020, 

The Commissioner, on the recommendations of the Council, hereby specifies that the return in FORM GSTR-3B of the said rules for each of the months from October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twentieth day of the month succeeding such month:

Provided that, for taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twenty-second day of the month succeeding such month:

Provided further that, for taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twenty-fourth day of the month succeeding such month.

Payment of taxes for discharge of tax liability as per FORM GSTR-3B. – Every registered person furnishing the return in FORM GSTR-3B of the said rules shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax by debiting the electronic cash ledger or electronic credit ledger, as the case may be and his liability towards interest, penalty, fees or any other amount payable under the said Act by debiting the electronic cash ledger, not later than the last date, as specified in the first paragraph, on which he is required to furnish the said return.

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