OF SOUTHERN INDIA REGIONAL COUNCIL (SIRC) OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (ICAI) - August 2021 - Ernakulam Branch of SIRC of ICAI
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
OF SOUTHERN INDIA REGIONAL COUNCIL (SIRC) OF
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (ICAI)
August 2021 Vol: 6 Issue No: 124
Ernakulam Branch of SIRC of ICAI e-NEWSLETTER
Message Chairman’s
Beloved Members,
I wish to start my communique by placing on record my deepest
gratefulness for your extraordinary support, guidance and
blessings as we complete 6 months of the term 2021-22. The
journey so far has truly been a boundless learning and most
importantly a really satisfying one. I hope and pray that I meet
your expectations or at least reach half the benchmark set by
my honorable forerunners. I humbly request for your continued in plan for the month such as financial literacy programmes,
support, feedback and guidance so as to work better for our career counseling sessions, faculty development workshops for
fraternity. college teachers, etc., apart from Independence Day and Onam
celebrations.
The recent notification regarding Multi-Disciplinary Firms on 8th
July, 2021 could be a game changer to the profession as the I am sure the tax audit season is keeping you busy and hectic but
reach, visibility and opportunity of our vocation widens multifold I wish to remind you to stay safe from the pandemic as the covid
as we partner with the right and permitted experts. This I am sure cases are heaving in the State especially in Ernakulam District.
would help the members to serve in a wider scope beyond the We would be arranging the second dose of vaccines for the ones
traditional audit and tax practice. I feel it is a very welcome move who took in May. We shall soon be sending out the details. Safety
by our Institute. and health have remained our priority.
July month was a crazy run for us at the committee with loads of As we celebrate our 75th Independence Day, it is also a reminder
technical and non-technical activities. The CA Day celebrations to our responsibility towards this Nation in our capacity as
in the virtual presence of Padmashri Sri. M.A Yusuff Ali was Chartered Accountants and thereby upholding the morals and
very thrilling along with the games and cultural activities by integrity of our profession and most importantly of this Nation.
members and family. The CA month began with some noble These challenging times would pass and the glory of our nation
CSR interventions for the poor and needy by distributing food and profession would continue to surge ahead and sail high.
kits, distributing mobile tablets to the needy children, etc., by the Before I conclude, let me take this opportunity to wish my fellow
branch. The 50 mobile phones were distributed in the presence members and family a very happy and prosperous Onam. May
of four MLAs in Ernakulam District. On the technical front, we the bright colors of Pookalam and sweetness of the lovely
could also successfully complete another 25 hours of CPE in July Payasam fill your life and remain forever. May all your dreams
with great participation for each one of the seminars. and efforts be accomplished.
August is all set for a refresher course on Corporate Laws and Yours truly,
also the plans are on for the second edition of the Navarathna
Conference. There are also several brand building activities CA. Renjith R. Warrier
Chairman
CONTENTS
2 Chairman’s Message
3 Branch Activity
5 Onam to me, you and all of us
CA. Vijay Narayan Govind FCA
6 A full time Farmer- CA.Abraham K George
7 Prostate Gland Cancer can be treated
effectively - Dr R Vijayan,MS, DNB,
FRCS(E), FRCS(G), Dip Urol (Lon)
8 Judicial Decisions on Direct Taxes
CA. P.M.Veeramani FCA
9 Proposed Programmes - Aug & Sept 2021 Interactive meeting with Sri. Pinarayi Vijayan, Hon’ble Chief Minister of Kerala, for presenting
memorandum regarding Cooperative audits and other matters of professional interest.
10 Judicial Decisions on Indirect Taxes CA. Babu Abraham Kallivayalil, Central Council Member, ICAI, CA. Jomon K.George,
CA. P.J Johney, FCA 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,
12 Compliance Calendar - August 2021 Thiruvananthapuram ICAI & CA. Balasubramanian N
2 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI
e-NEWSLETTER Branch Activities
Ernakulam - July
Branch 2021
of SIRC of ICAI
73rd CA Day Celebrations
CA. Renjith Warrier, Chairman of
the Ernakulam Branch of SIRC of
ICAI hoisted the CA Day Flag on 1st
July, 2021 . The recorded address of
Hon’ble President & Vice President’s
of ICAI to the CA fraternity on the
occasion of 73rd C h a r t e r e d
Accountants’ Day were webcasted
at the branch.
A Mega Tree Plantation Drive,
organised by the CSR Committee of
ICAI, the branch planted saplings in
On 3rd July Virtual CA Day Celebrations were organised.
Padmashri Dr. M A Yusuff Ali, Chairman and MD, Lulu Group
International graced the celebrations with his presence and
our own premises and also inaugural address. Online Tambola game was conducted.
distributed 200 saplings Members and their family members presented various
in the neighbouringhood entertainment programmes. 355 members joined the programme
of the branch, nearby government schools and colleges and at on this ocassion.
nearby temple and church.
The branch in association with Muthoot Finance Group distributed
150 grocery kits to the needy and deserving families who are
affected by the covid pandemic at Elankunnapuzha Panchayat.
Hon’ble MLA Shri K.N. Unnikrishnan, inaugurated the CSR
activity of distributing grocery kits.
“We Care” Alumni Programme- Honouring members who have
attained 50 years in profession.
As part of “We Care” Alumni Programme, on 10th July, 2021 the
chairman and managing committee members visited the resi-
dence of members who have completed 50 years in service in
On 2nd July, the branch distributed mobile tablets to the poor and the CA profession and honoured them by presenting mementoes
deserving students who are unable to attend online classes. 50 and bestowing shawl. CA. Kesavan Nair K (CA. K K Nair), CA.
mobile tablets were distributed in association with Manappuram Jacob T Abraham, CA. P.V. Chacko, CA. Pankajakshan T and
Foundation to the students of 5 schools viz. St. Jude karanakkodam, CA. K J Anto were honoured on the occasion.
Govt. Higher Secondary School, Ernakulam, LMCC High School,
Pachalam, Holy Infants BHS, Varapuzha, Karthedom Church
School, Njarakkal. Shri P.T. Thomas MLA, Shri K Babu, MLA,
Shri T J Vinod, MLA, Shri K.N. Unnikrishnan, MLA and Shri P
AshwaKumar, DYSP Narcotics were the chief guests at 5 different
schools.
Meetings/Seminars
Virtual CPE Seminar on “How to face department
Virtual CPE Seminar on “ Wealth creation through investigations – fake invoices – demand show
Mutual Funds” was held on 13th July, 2021. cause notices, adjudication appeal procedures –
CA. Sachin Aggrawal, New Delhi was the speaker. circumstances of invoking writ jurisdiction in High
Courts” was held on 24th July, 2021. Adv J K Mittal,
Virtual CPE Seminar on “Formation of multi New Delhi was the speaker.
disciplinary CA firms – The way forward and salient
features” was held on 15th July, 2021. CA. G. Sekar, Virtual CPE Seminar on “Standards on Auditing –
Central Council Member of ICAI was the speaker. A practical study” was held on 26th July, 2021.
CA. Govind P, Ernakulam was the speaker.
On 17th July, 2021 Virtual CPE Seminar on “Excel
utilities for audit and professional services” was
CA. Rahul Jindal from New Delhi deliberated
organized. CA. Vinodh Kothari, Chennai took the
on the topic on “CARO 2020 – Applicability and
session.
Amendments” at the Virtual CPE Seminar held on
Virtual CPE Seminar on “NBFC Audit and recent RBI 29th July, 2021.
Circulars” was held on 19th July, 2021. CA. Govind
Sekar, Ernakulam was the speaker.
Virtual CPE Seminar on “Intricacies in ITC under GST
Adv. V. Raghuraman, Bengaluru took the session on and way forward” was held on 31st July, 2021.
the topic “Refund of GST under various situations” on Adv G Shivadass, Bengaluru was the speaker.
23rd July, 2021
Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 3
Ernakulam Branch of SIRC of ICAI e-NEWSLETTER
CSR Activities undertaken
Ernakulam Branch of SIRC of ICAI arranged the Fourth & Fifth Ernakulam Branch of SIRC of ICAI arranged vaccination facility
phase of vaccination facility at Aster Medicity Hospital for the at Adlux Apollo Hospital for the members of the branch and their
members of the branch on 1st and 15th July 2021. Members of family. 3 Members and family took vaccine on 25th July, 2021.
Ernakulam Branch and their family took part in this vaccination
drive. 330 persons (members and family) took vaccine. Alltogether 1402 persons took the vaccination in the vaccination
facility arranged by the branch from March 2021 to 15th July, 2021.
Other Programmes
Joint Programme with MSTU, Kochi : A session was conducted Public Awareness Programme on Financial Independence :
jointly by MSTU Kochi and Ernakulam Branch on “Applicability & Ernakulam Branch of SIRC of ICAI jointly with Positive Ideas
Impact of ICDS Taxable Income” on 9th of July 2021. Chairman of Corner Clubhouse organized a programme on the topic “Thoughts
the branch CA. Renjith R. Warrier delivered the keynote address to change Financial freedom” on 24th July, 2021. CA. Renjith
and CA P.T Joy, Past Chairman, Ernakulam Branch of SIRC of Warrier Chairman took the session at the virtual programme. Dr.
ICAI delivered the technical session. The session was attended Soumya sarin, Mr Vinu George, Ms. Lakshmi Menon, Ms. Gopika
by around 65 income tax officers from Kerala and karnataka. Nandu, Ms. Nisary Mahesh, Mr Sree Kiran shared their views at
the programme.
CA Career Awareness programme : CA. Renjith Warrier,
Chairman addressed Nanma Foundation programme and also Income Tax Day Celebrations 2021 : Ernakulam Branch of SIRC of
gave CA career awareness to students of 8 schools in Ernakulam ICAI joins the Income Tax Department, Kerala in the celebration of
on 10.07.2021. 440 students participated. Shri P. Vijayan IPS 161st Income Tax Day. Our esteemed Past Chairman and Senior
and Cine Actor Shri Jayasurya were the Chief Guests. Member CA. Venugopal C. Govind delivered the key note address
at the virtual function held on 27th July, 2021.
Representation submitted to Hon’ble Minister for Cooperation
and Registrations, Shri. V. N. Vasavan : A representation in Financial and Tax Literacy Drive- Vitiya Gyan – ICAI Ka Abhiyaan:
favour of alloting cooperative audits for CAs was submitted to CA. Renjith Warrier, Chairman, Ernakulam Branch of SIRC of ICAI
Hon’ble Minister for Registrations and Cooperation Shri V. N. attended the National Webinar on financial and tax literacy drive
Vasavan in the presence of Hon’ble Member of Parliament CA – Vitiya Gyan conducted by ICAI, New Delhi on 28th July, 2021,
Thomas Chazhikadan on 11 th July, 2021. CA. Babu Abraham conducted to discuss the road map and connecting strategies
Kallivayalil, Chairman, Professional Development Committee of with Employee Work Force, Army/ Police/ Doctors/Technocrats,
ICAI, CA. Jomon K George, Past Chairman and Member, SIRC Housewives, Senior citizens, Teachers & Professors, Students,
of ICAI and CA. Renjith Warrier, Chairman, Ernakulam Branch Farmers & Rural Households, MSMEs, Entrepreneurs, Start-ups
of ICAI. and Businessmen so as to enable them financially literate and tax
compliant.
Inauguration of Certificate Programme at St. Alberts’ College,
Ernakulam : The branch in association with Department of
Commerce of St. Albert’s College, Ernakulam inaugurated
Certificate Programmes in Taxation and Computerised Accounting
on 31st July, 2021.CA. Renjith Warrier, Chairman inaugurated the
Certificate Courses at St. Albert’s College, Ernakulam.
CA. Babu Abraham Kallivayalil, Central Council Member, ICAI & CA. Jomon Virtual Career Counselling Programme: The branch organized
K.George, Past Chairman & Member, SIRC of ICAI visiting Shri. K.N.Balagopal,
a career counselling programme on 31st July, 2021 for the
Hon’ble Finance Minister, Kerala along with CA. Renjith R.Warrier, Chairman,
Commerce students of St. Albert’s College, Ernakulam. CA.
Ernakulam ICAI, CA. Jose.K.V, Vice Chairman, Ernakulam ICAI, CA. Remesh
Kumar S, Chairman, Thiruvananthapuram ICAI & CA. Balasubramanian N
Renjith Warrier, Chairman took the counselling session. 75
students attended the programme.
Students Activities
Programme on “Be a Better Communicator” Motivation Class for Youth
Ernakulam Branch of SICASA conducted a Special programme on Ernakulam Branch of SICASA jointly with YMCA Ernakulam conducted
English “Be A Better Communicator” (Virtual) on 3rd, 10th, 17th , 24th a Motivational Class for Youth –“Follow Your Dream” on 16th July 2021.
& 31st July 2021, . CA. CA. Nagarajan P. A led the Sessions. CA. Salim Hon’ble Mr. Justice J.B. Koshy (Retd), President, National Council of
A, Chairman SICASA, Ernakulam Branch spoke at the Sessions. The YMCAs of India inaugurated the programme. Mr. Santhosh George,
student’s speakers of the session were Shimy Shaji, Secretary, SICASA Regional Director, Y’s Men International Mid West India Region, CA. K.
Ernakulam, Gowri J, Fameena K, Rajat Santhosh, Sneha Jose, Aaisha P. Paulson, President, YMCA, Ernakulam were the Guest of Honours.
Sulaiman, Faslu Rahman, Phoebae Reena George, Harikrishnan Motivation talk were given by Mrs. Annie Shiva, Sub Inspector of Police,
R(Former Vice Chairman, SICASA Ernakulam), Fathima A M, Sreehari Central Police Station, Ernakulam.
Sunil, Fathima Zakir, Najlah Noushad, Joyal Thomas, Sruthi M, Sharmik
Pradeep, Swathi Sarath, Anjana Madhavan, Neena George, Athira Biju, Virtual Half Day Seminar on Measures of Disperson for Foundation
Priya Stephen and Agisham R. On 31st July 2021 and Installation of Students
New Club Officers also held at the meetng . The Guests for the meeting Ernakulam Branch of SICASA of ICAI conducted Half Day Seminar on
included CA Babu Abraham Kallivayalil (Central Council Member, ICAI), Measures of dispersion for Foundation Students on 11.07.2021. CA.
CA Renjith R Warrier (Chairman, ICAI Ernakulam), CA Sreenivasan P R Akshay Kumar K was the speaker.
(Past Chairman, ICAI Ernakulam), CA Salim Abdul Rasheed (Chairman,
SICASA Ernakulam), CA Nagarajan P A (Club Mentor), CA Shawn Workshop on an insight on “My Articleship”
Jeff Christopher (Past District Finance Manager, Toastmasters), Shimy Ernakulam branch of SICASA jointly with Palakkad, Kozhikode and
Shaji (Secretary, SICASA Ernakulam). Entertainment programmes also Kottayam Branches of SIRC of ICAI conducted a Workshop on “An
conducted. Entertainment sessions included Songs, Dances, Stand Up Insight on My Articleship, what is in it for me?” on 31.07.2021 Virtually.
Comedy and Ottanthullal. 51 students participated the programme The session was taken by CA. B. Jayarajan. 76 students participated.
4 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI
e-NEWSLETTER Ernakulam Branch of SIRC of ICAI
CA. Vijay Narayan Govind FCA
W hen the dark chains of Karkidakam are flung aside and
the skies clear to the allure of Chingam, (the first month
of the Malayalam Calendar) one starts getting a whiff of Onam
made his divine appearances on earth. Even though time is
undoubtedly a very relative concept, texts agree that Lord
in the air (yes…even if there are the exceptional years like this Parasurama, sixth among the famous ten incarnations,
Kolla Varsham 1196 when Atham rang in Onam during Karkidam descended in his role as the angry destroyer of evil rule only
itself).There are ever so many wonderful traditions linked with after Vamana. And while Mahabali is at best a seasonal affair,
the season and despite some divisive efforts, thankfully remains who can challenge that it was indeed Parasurama’s great axe
something everyone in Malayalakara proudly shares as their flung into the seas that brought up the land mass called Kerala –
own. Although, thinking more about it (as we Malayali’s are of well after Vamana’s (and Mahabali’s) time. Hence the argument
course disposed to about everything), we must not miss one that Onam is really this great day too holds ground, and there are
tradition which has also persisted despite time – the analysis of many places where this is Onam.
what exactly Onam signifies?
“All religious connotations are farcical… for Onam is a true harvest
Thankfully there are no clear answers: meaning the Q &A shall festival “- a more recent line from the dialectically-material (also
go on. read – Leninist-Marxist) thinkers, which represents the common
man’s celebration of his (or her) hard labours. A form of liberation
“Ugh…how can anyone be so cheap?” - it is of course with too. While this could be good cause for the festival too, the fact
contemptuous disdain that we shall dismiss the most obvious remains that the crop-harvest (essentially the reference in Kerala
answer: that Onam is about the annual bonus and lot of is to paddy of course) is practically spread across three seasons
buying (including of course the bottles to which this state owes here - Virippu (the autumn first crop season which starts in April/
everything). May and extends up to September/October) Mundakan (the
winter second crop season, which starts in September/October
“Come on… even little children know that it’s about Maveli…his and extends up to December/January) and Puncha (the summer
annual homecoming to see his folks and all” - sure, it is, and one season crop season, which starts in December/January and
could well be publicly chastised to even try and think differently. extends up to March/April) with certain distinctions across various
Yet, might not one at least casually wonder how Maveli (hopefully agroclimatic situations. So why should one harvest season alone
folks know that this is the same old Asura Emperor Mahabali who be Onam?
was rudely pushed down to pathalam in the third mega-step by
Lord Vamana, the fifth incarnation of Lord Vishnu), has come to “Onam is…
be known as a former ruler of this tiny land mass down south of
the Indian continent. Does it not seem rather obscure that the Kindly stop the endless diatribe – the publisher has already been
great Emperor actually chose little Kerala to rule all the mythical signaling many times – for the word count is well-past So, for
worlds from? Sadly, (for we do certainly cannot imagine a Kerala now, shall we just leave Onam to the Onnakodi, Pookkalam,
without Mahabali) there is very little scriptural evidence of such Thirvathira, Kummatti, Pulikali, Thumbithullal, Vallamkali,
an occurrence and experts feel that it was probably the influence Onathallu, Uriyady and of course – a couple of huge Onasadyas,
of early Deccan settlers (many communities of whom were so that come Avittom day, even with a few uncomfortable burps,
known to be devotees of Mahabali himself) who fled to Kerala we can let Maveli return happily to wherever he came from, and
during Northern invasions that brought this connection. Certain hope that he’ll be back next year too…to shower yet another safe
11th century inscriptions in the famous (and very rare) temple and peaceful Onam on all of us.
dedicated to Lord Vamana at Trikkakara proclaiming the three
days leading to Thiruvonam as most auspicious to the temple,
may have fortified the relationship. Even though the practice of CA Vijay Narayan Govind, son of CA Venugopal C Govind and Rema
actually offering a seat of worship to Mahabali is likely to have Venugopal is a Senior Partner of the leading CA Firm Varma & Varma.
happened much later, over time, the lines have become so He is married to Gayathri, who is in the teaching profession. They
blurred that the traditional “Onathappan” (clay or mud shapes have two sons- Pranav who has done his LLM in Corporate Law and
worshiped during Onam) represent both Vamana and Mahabali Finance is working in a leading Corporate Law Firm in Bangalore and
equally now. Though the question does remain – which food and Madhav who is doing his LLB at National Law School,
drink loving artist decided to quietly add the typically Malayali Kolkata. He has authored two novels titled Maze of
overhanging beer-belly to this great warrior. deceit (2018) and Follow the Wall (2021) which have
been generally well received. Affable, caring and
“It was Lord Parasurama… Onam is the day he flung his axe” – socially committed, Vijay is a regular contributor to
probably, the argument which makes the Mahabali association many Journals. His classes at the CA forums are
even more murky is the scriptural order in which Lord Vishnu much looked forward to by many.
Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 5
Ernakulam Branch of SIRC of ICAI e-NEWSLETTER
This month we have CA Abraham K George who at the pinnacle of his
career in the industry, said goodbye to it and decided to help his father in CA. Abraham K.George
agriculture- la The Monk Who Sold His Ferrari.
I exited the corporate world, at the peak of my career,
while I was still the President & CEO of a Bangalore-
based Software services Company. I was just 49 at that
The transition from a corporate honcho to a full-time farmer
has been an exciting and eventful journey! No regrets at
all. Working in the outdoors, fresh air in plenty, Vitamin D
time, having served a quarter of a century in Industry. There levels hovering around 25,000, and last but not the least,
were two reasons for doing so. Firstly, the extraordinary is the joy and satisfaction of seeing new produces rolling
stress levels I was subjected to was taking a toll on my out from the farm. Building up the farm infrastructure,
health, and, secondly, a call from my aging father to return ensuring a better standard of living for my co-workers at
to Kerala and manage the family’s agricultural properties. the farm, knowledge sharing, better documentation, are
Else, he would sell off. ‘Wisdom’ is the accumulation of some of the successful initiatives undertaken. A farmer will
years of experience, is what they say. However, it was always be at the receiving end, and he will never receive
a ‘no-brainer’ to heed his call and return to my roots, in the deserved compensation for his efforts, hard work and
Kerala. After couple of years of apprenticeship, the baton sacrifices. To move up the value chain and get into direct
was handed over, and I could feel a surge of excitement at marketing of farm produce, branding and achieve market
the thought of independent control. share. That is the next challenge.
Conversations with relatives, acquaintances and even Anything is achievable in life. The prerequisites are a
strangers triggered ideas of going beyond the traditional great attitude and a passion for excellence! A structured,
stuff we were engaged in, and, venturing into new areas systematic, well thought-out approach – very similar to
in farming. The professional background and Industry preparing for the CA exams – will stand you in good
experience certainly helped in taking ‘considered stead, whatever you attempt. Life’s lessons: (1) Don’t wait
decisions’. While I could notice many around me just for things to happen, make things happen. (2) Take risks
sitting back and waiting for things to happen (improvement in life if you want growth. Status quo is not the place to
in prices of Farm products, etc), I could also see few be. (3) Innovate, try new things. (Trying out a new wife is
visionaries moving forward into new areas of farming (fruits excluded ). (4) Lead from the front, have compassion for
and vegetables), employing improved farming techniques, your co-workers, be a team player.
and so on. I, too, decided that innovation would be the
only way to succeed and measured, calculated risks
would have to be taken. Thank you,
Over the past decade, I am happy with the decisions we be safe and God bless!
took, the progress we have made, and, the results of
our labour and efforts. Extensive use of spreadsheets, Abraham K George
jargon such as COP, Monthly and Annual accounts, yield
per tree, yield per acre, measuring productivity of farm CA Abraham K George graduated from Loyola College, Chennai,
in 1980 and did his articleship at Varma & Varma, Ernakulam.
workers, etc is commonplace now in our traditional farming
He passed out in 1986 and joined the industry. He is happily
establishment. Even the Supervisors are becoming aware! married to Chartered Accountant Rajni and they have two sons.
Elder son George, an MBA from
ISB, Hyderabad is happily married
to Mahak Makhijani, both of whom
are working in Dubai. Younger Son
Abraham is a Chartered Accountant
with PwC, TRS Practice, at
Bangalore. A jolly good fellow, Abe
loves travelling and is a Sports
enthusiast. He is an avid Golfer and
a connoisseur of Malts.
6 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI
e-NEWSLETTER Ernakulam Branch of SIRC of ICAI
Dr. R.Vijayan, MS, DNB, FRCS(E), FRCS(G), Dip Urol (Lon)
Sr. Consultant Urologist
Specialists’ Hospital, Kochi
T he prostate is a gland, about the size of a lime, found only
in males and contributes to the production of semen. It is
situated at the lower end of the bladder. The bladder outlet
screening is started from 40 years of age. Prostate cancer is a
very slow growing disease and hence the benefit of screening
is as yet not conclusive. The issue is that some prostate
continues as the urethra - the water passage, which passes cancers would not affect a person and screening might pick
through the prostate. up these cancers resulting in unnecessary treatment.
The two common diseases affecting the prostate are Effective treatment is available.
enlargement without cancerous change and cancer. Curative treatment for prostate cancer can be by surgery or
Enlargement of the prostate is very common after the age of radiotherapy each method having its own advantages and
50. Prostate cancer though much rarer is one among the top disadvantages. When detected early, the prostate can be
ten leading cancers in India. However, when detected early, removed completely surgically. The surgery may be open,
it can be treated effectively. Thus, the five-year survival of laparoscopic or robot assisted laparoscopic. All three methods
prostate cancer after diagnosis increases from 64% to 91% have their own advantages and disadvantages. However as
when treated early. far as the effectiveness is concerned, all three techniques
are equal. Laparoscopy causes less morbidity and faster
Risk Factors recovery, and Robotic assistance makes the laparoscopic
Prostate cancer incidence increases with age. According to surgery faster.
Western statistics, from an incidence of only 1 in 350 men
under the age of 50 years, the rate of Prostate cancer Radiotherapy is an alternative to surgery with almost equal
increases up to 1 in every 52 men for ages 50 to 59 years. It efficacy. The advantage of radiotherapy is that curative
is 60% in men over the age of 65. However, the good news is treatment can be offered to a person who, due to advanced
that the incidence in India is about ten times less. age or co morbidities is unfit for surgery. However, if a person
requires surgery after radiotherapy, it becomes extremely
Other than age the only other definitive risk factor is genetic. difficult. On the other hand, radiotherapy after surgery is easy.
If your father or brother had prostate cancer, your risk nearly
doubles. Ongoing research has identified genetic mutations The growth of prostate cancer is very often dependent on
that cause prostate cancer. male hormone Testosterone. Therefore, in situations where
surgery or radiotherapy is not applicable, hormone treatment
Other factors such as diet, smoking, obesity etc have not to neutralise Testosterone, effectively controls the progress of
been proven to be definitive risk factors. the disease.
Diagnosis Prostate Cancer is a very slow growing
The symptoms of both cancerous and non-cancerous Unlike most other cancers prostate cancer is very slow
disease of the prostate gland are the same. These include growing with a cell doubling time (time for one cell to double
obstruction in passing urine, pain, bleeding or frequency of into two) of about 2 years in majority of people. Hence when
micturition. Therefore, for proper diagnosis one has to consult detected early, one can take a very unhurried decision on the
a doctor. Besides discussing your symptoms, the doctor very effective treatment alternatives available.
may do an internal examination through the anus using a
lubricated gloved finger and blood tests to help him diagnose
Dr. Vijayan after his schooling at Loyola School
prostatic disease. Special scans like Ultrasound scan of the
Trivandrum took his MBBS and Postgraduation
abdomen, MRI scan, PET scan etc may be required. The final
in Surgery from Trivandrum Medical College
diagnosis if the tests are abnormal, is confirmed by taking and travelled to UK for higher training in Urology
multiple mapping biopsies from the gland to get samples from and Renal Transplantation. From UK he took his
all areas of the gland. FRCS and Diploma in Urology and returned to India in 1994.
He was the first to perform laparoscopic Urological surgeries
Screening in Kerala. He also conducted the first laparoscopic Urology
The key to effective treatment lies in early diagnosis by workshop to spread the awareness of laparoscopy among other
screening and before the onset of symptoms. PSA - Urologists in Kerala. He later trained in advanced laparoscopic
Prostate Specific Antigen - is a simple blood test which when techniques in Taiwan. He is currently the head of the department
combined with medical examination enables early diagnosis of Urology at Specialists’ Hospital, Kochi, Kerala. A clinically
of the disease. Screening is done from 50 years of age once perfect golfer and a wildlife photography enthusiast is always a
a year. However, if your father or brother had prostate cancer, phone call away for any help.
Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 7Ernakulam Branch of SIRC of ICAI e-NEWSLETTER
Reported Direct Tax
Judicial Decisions
CA. P.M. Veeramani FCA
Statute: Income Tax Act Assessee accounting input services exclusive of service
Sec.9(1)(vi), 195 – Sale of shrink wrapped software tax and treated service tax component as input tax
Decision in favour of : Assessee pending adjustment. When application for refund was
rejected, assesse wrote off the input tax credit to profit and
Title : Engineering Analysis Centre of Excellence loss account. When the input service tax credit is carried
Private Ltd vs CIT forward from earlier financial year and debited to profit and
Citation: 199 DTR SC 361 loss account, it partakes the nature of taxes paid for the
Bench: Supreme Court of India current financial year and hence deductible as and when
the assesse has debited to the P & L account .
Amount paid by resident Indian end-users/distributors to
non-resident computer software manufacturer/supplier as Statute: Income Tax Act
consideration for the resale/use of the computer software Sec.40b, 44AD – Interest, remuneration not business
is not payment of royalty for the use of copyright in the income
computer software and the same does not give rise to any Decision in favour of : Revenue
income taxable in India as a result of which the persons
referred to sec.195 were not liable to deduct TDS Title : Anand Kumar vs ACIT
Citation: 199 DTR 289
Statute: Income Tax Act Bench: Madras HC
Sec.11 – Income from business used for medical relief
Decision in favour of : Assessee Tribunal was right in holding that interest and salary
received by the assesse from firm in which he was a
Title : Bharathakshemam vs Principal CIT partner, which is assessed under section 44AD, cannot
Citation: 198 DTR 113 be construed as business income under section 28(v) and
Bench: Kerala HC therefore not eligible for applying presumptive rate of tax
Income from business utilized for achieving the objects Statute: Income Tax Act
of the trust of providing medical relief, then business is Sec.144C,153 – Time limit applicable for DRP also
incidental to attainment of the objects; assesse entitled to Decision in favour of : Assessee
exemption in respect of income from business fully utilized
for the purpose of medical relief Title : ROCA Bathroom Products Private Ltd vs DRP
Citation: 432 ITR 192
Statute: Income Tax Act Bench: Madras HC
Sec.12AA, 80G(5)(vi)
Decision in favour of : Assessee Notice issued by the Dispute Resolution Panel after a
period of four year from the date of order of the tribunal
Title : Ess Kay Foundation vs CIT would be barred by limitation by application of provisions
Citation: 199 DTR Trib 225 of section 153(2A) of the Act
Bench: ITAT Jaipur
Statute: Income Tax Act
Assessee having made the application in February and Sec.147 – E filing portal not permitting filing of return
the CIT(E) having granted registration under section 12AA Decision in favour of : Assessee
in September , the provisions of section 11 and 12 shall
apply from 1st April of the financial year following the year Title : Oasys Green Tech Private Ltd vs ITO
of making the application and not from 1st April of the next Citation: 199 DTR Mad 521
financial year of passing of the order granting registration Bench: Madras HC
by CIT
There is no provision for filing of the income tax return
Statute: Income Tax Act electronically under the e portal system maintained
Sec.37(1) – Input tax credit written off by the respondents in respect of a company which has
Decision in favour of : Assessee been merged with another company pursuant to an
amalgamation order passed by the court; there fore
Title : FIH India (P) Ltd vs DCIT principles of natural justice have been violated by the
Citation: 198 DTR Trib 250 respondents while passing the impugned assessment
Bench: ITAT Chennai
8 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAIe-NEWSLETTER Ernakulam Branch of SIRC of ICAI
order, as no opportunity was given to the assesse to file Citation: 431 ITR 654
return, seek reasons for reopening ; assessment order is Bench: Telegana HC
quashed and matter is remanded for fresh consideration
Once an absolute stay of recovery of demand of tax is
Statute: Income Tax Act granted to the assesse, it is improper and inappropriate
Sec.151 – CIT not to give reasons for the revenue to recover the money through adjustment
Decision in favour of : Revenue of refunds. A stay order passed by an appellate or higher
authority must be respected and deviancy or breach
Title : Sanjay Agarwal vs PCIT should be made
Citation: 199 DTR 533
Bench: Chattisgarh HC Statute: Income Tax Act
Covid – period of limitation
Plain reading of section 151 would clearly reflect that Decision in favour of : Directions
provision does not envisage the PCIT to separately give
reasons while approving the reasons recorded by the Title : Cognisance for extension of limitation , In Re
AO for re-opening of the assessment. He has only to be Citation: 432 ITR 206 SC
satisfied with the reasons recorded by AO , which has Bench: Supreme Court of India
been forwarded to him for sanction and approval
In cases where the limitation would have expired during
Statute: Income Tax Act the period 15.3.2020 to 14.3.2021 , notwithstanding the
Sec.245 – Adjustment of refund actual balance period of limitation remaining, all persons
Decision in favour of : Assessee shall have a limitation period of 90 days from 15.3.2021 . In
Title : TSI Business Parks Hyderabad Private Ltd vs the event the actual balance period of limitation remaining
ADIT(CPC) , with effect from March 15 , 2021 is greater than 90 days,
that longer period shall apply.
PROPOSED PROGRAMMES AUGUST & SEPTEMBER 2021
Date Event CPE
4th August - 7th August 2021 Virtual Refresher Course on Corporate Laws 12 Hours
9th August - 14th August 2021 Faculty Development workshop on Goods and Service Tax for the faculty member of NA
Commerce and Research scholars
11th August -19th August 2021 Navaratna Conference -Season 2. All Kerala Virtual CPE Conference 20 Hours
Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 9RECENT ADVANCEErnakulam
RULINGS BranchUNDER
of SIRC of ICAI e-NEWSLETTER
GOODS AND SERVICES TAX Indirect Tax
JUDICIAL DECISIONS ON INDIRECT TAXES
CA.P.J.Johney FCA
A. RECENT ADVANCE RULINGS UNDER GST
Statute: Goods and Services Tax By Way of “Education as A Part of Curriculum in Line With Conditions Specified By RBI
Decision in favour of: Department for Obtaining A Qualification Recognized Amount to Supply Under Section 7(1)(C)—
Title: Acharya Shree Mahashraman Chaturmas By Any Law for Time Being in Force’ -Not Inter-State Supply of Services-Applicant
Pravas Vyavastha Samiti Trust, In re Eligible for Exemption Under Entry No. Required to Be Registered Under CGST
Harish Dharnia and Dr. Ravi Prasad M.P. 66(A) of notification No. 12/2017-CT (Rate) Act, 2017-Liable to Pay GST If Place of
(Members) Dated June 28, 2017, as Amended-Charges Supply of Services Is India- Central Goods
Citation: [2021] 85 GSTR 341 (AAR) Collected for Providing Accommodation and Services Tax Act (12 of 2017), ss. 7(1)
Bench/Court: [Before the Authority for Advance to Students Undergoing Above Courses- (C),24-Integrated Goods and Services Tax
Ruling], (Goods and Services Tax, Karnataka) Not Eligible for Exemption Under Entry No. Act (13 of 2017), S. 7(5).
14 of Notification No. 12/2017-Ct (Rate)
Goods and Services Tax-Religious Charitable Dated June 28, 2017-Charges Collected By Statute: Goods and Services Tax
Trust Carrying Out Religious and Charitable Applicant for Catering Service By Supplying Decision in favour of: Department
Activities-Liable to Pay Tax on Renting Food to Students Undergoing Above Title: NURSERYMEN CO-OPERATIVE
of Temporary Residential Rooms for Courses Not Eligible for Exemption Under SOCIETY LTD., in re
Consideration to Devotees and Renting of Entry No. 66(A) of Notification No. 12/2017- D. P. Nagendra Kumar and M. S. Srikar
Space for Shops and Stalls-Liable to Pay Tax CT (Rate) Dated June 28, 2017-Andhra (Members)
on Renting of Temporary Residential Rooms Pradesh Goods and Services Tax Act (16 of Citation: [2021] 85 GSTR 367 (AAAR)
of all Categories If Declared Tariff of A Unit of 2017). Bench/Court: [Before The Appellate Authority
Accommodation Is Rs. 1000 or More Per Day
For Advance Ruling] (Goods and Services Tax,
or Equivalent-Liable to Pay Tax on Supply of Statute: Goods and Services Tax Karnataka)
Food and Beverages At Subsidized Rates Decision in favour of: Department
to Devotees -Liable to Pay Tax on Providing Title: Fraunhofer-Gessellschaft Goods and Services Tax-Supply of Services
Space for Registered Person Without Zur Forderung Der Angewwandten -Exemption - Maintaining Gardens and
Consideration (The Consideration for Supply Forschung E.v, in re Landscape Development for State and
of Food and Beverages Is Directly Received Dr. Ravi Prasad M. P. and Mashhood Ur Central Governments, Local Bodies and
From Devotees By Applicant) If Applicant Rehman Farooqui (Members) Government Undertakings -Supply of
and Such Registered Person Covered Under
Services By Sub-Contractors to Appellant
Definition of “Related Persons” as Defined in Citation: [2021] 85 GSTR 122 (AAR) Not Eligible for Benefit of Exemption Under
Explanation to Section 15 of CGST Act-Liable Bench/Court: [Before the Authority for Advance Either Sl. No. 3 or 3A of Notification No.
to Tax for Acting as Intermediary for Booking Ruling], (Goods and Services Tax, Karnataka) 12/2017-Ct (R) Dated. June 28, 2017 as
of Hotel Rooms to Pilgrims From Outside, If
Appellant-Recipient of Supply From Sub-
Not A Pure Agent (i.e., The Services Must Be Goods and Services Tax-Supply of Service- Contractor is Co-Operative Society and
Procured From Suppliers of Accommodation Applicant-Liaison Office Established in India, not an Entity Specified in Sl. Nos. 3 and
Service in Addition to Service He Supplies for Business of Promoting Applied Research 3A-Central Goods and Services Tax Act (12
on His Own Account- Karnataka Goods and With Head Office Incorporated in Germany- of 2017). Construction of Taxing Statutes -
Services Tax Act ( 27 of 2017) Income Tax Act Liaison Activities Undertaken By Applicant Exemption- Exemption Notification to be
(43 of 1961) S. 12AA
Interpreted Strictly.
Statute: Goods and Services Tax
Decision in favour of: Department
B.JUDICIAL DECISIONS on INDIRECT TAXES
Title: MASTER MINDS, in re Statute: CENTRAL SALES TAX State Sale Does Not Become Local Sale-
D. Ramesh and M. Sreekanth (Members) Decision in favour of: ASSESSEE Central Sales Tax Act (74 of 1956), S. 3(A),
Title: National Engineering Industries V. (B).
Citation: [2021] 85 GSTR 218 (AAR) State Of Tamil Nadu
Bench/Court: [Before the Authority onr Advance Dr. Vineet Kothari and Krishnan Ramasamy JJ. Statute: VALUE ADDED TAX
Ruling] (Goods and Services Tax, ANDHRA
Decision in favour of: ASSESSEE
Citation: [2021] 85 GSTR 152 (Mad) Title: B. K. Traders V. State Of Gujarat
PRADESH)
Bench/Court: [IN THE MADRAS HIGH Ms. Sonia Gokani and N.V. Anjaria JJ.
COURT] Citation: [2021] 85 GSTR 157 (Guj)
Goods and Services Tax-Supply of Service Bench/Court: [IN THE GUJARAT HIGH
of Education-Educational Institution- Central Sales Tax-Inter-State Sale or Local COURT]
Definition - Exemption- Educational Institution Sale-Purchase order Placed By Party in
Providing Coaching to Students for Chartered Pondicherry on Seller in Chennai-Seller in Value Added Tax-Writs Under Constitution
Accountancy Certificate (CA), Cost and Terms of Purchase order Placing Purchase -Existence of Alternative Remedy -
Works Accountancy Certificate (ICWA) order on Dealer in Chennai to Supply Goods Reassessment - Natural Justice- Notice Not
and Intermediate Certificate-on Facts Not in Question Directly to Buyer in Pondicherry- - Stating Reasons for Reassessment-Dealer
“Educational Institution” as Defined Under Transaction Was Inter-State Sale-Merely Filing Reply Seeking Details and Documents
GST Act in Notification No. 12/2017-Central Because Seller and Dealer Situate in Same on Basis of Which Case Selected for Re-
Tax (Rate), Dated June 28, 2017-Not A Service
10
August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAIe-NEWSLETTER Ernakulam Branch of SIRC of ICAI
Assessment-order of Reassessment Passed of Ticket Which Entitles Person to Gain Bench/Court:[Before the Customs, Excise
Ignoring Request and Raising Demand Entry Into Cinema Hall or Theatre-Tamil and Service Tax Appellate Tribunal - Mumbai]
on Ground Registration of Vendor From Nadu Entertainments Tax Act (10 of 1939),
Which Dealer Made Purchases Cancelled ss. 3(4), (7), 4. Service Tax-Banking and Other Financial
With Retrospective Effect-Failure to Supply Services- Taxable Value-Collection Fee-
Basic Documents and Failure to Consider Statute: Goods and Services Tax Special Purpose Vehicle-Period Between
Case of Dealer Independently, on Its Own. DECISION IN FAVOUR of: Department October, 2007 and March, 2012-Receipts
Merits-Failure of Natural Justice-Ground for TITLE: Valimohammed Jusab And Co. V. Generated From Securitization Agreements
Grant of Writ-order Set Aside and Matter State of Gujarat Entered Into By Appellant-Bank Prior to
Remanded for Adjudication De Novo-Gujarat J. B. Pardiwala and Bhargav D. Karia JJ. February, 2006 That Continued to Subsist
Value Added Tax Act, 2003 (1 of 2005), S. Citation: [2021] 85 GSTR 211 (Guj) During Period of Dispute-Not Taxable-
35-Constitution of India, Art. 226. Bench/Court: [IN THE GUJARAT HIGH Finance Act (32 of 1994), s. 65(12), (105)
COURT] (zm)—Service Tax (Determination of
Statute: VALUE ADDED TAX Valuation) Rules, 2006, r. 3.
Decision in favour of: ASSESSEE Goods and Services Tax-Confiscation-
Title: VIVAA Tradecom Pvt. Ltd. and Assessee’s Case That Old and Used Machine Service Tax- Best Judgment Assessment
another V. State of Gujarat and another Was Being Transported Back to Customer’s Explained-Finance Act(32 of 1994), s. 72.
Vikram Nath C. J. and J. B. Pardiwala J. Premises From Premises of Dealer After
Citation: [2021] 85 GSTR 169 (Guj) Repairs and Not A Taxable Supply-Writ- Statute: SERVICE TAX
Bench/Court: [In The Gujarat High Court] Court By Interim order, Directing Release Decision in favour of: ASSESSEE
of Truck With Goods Subject to Assessee Title: Fork Media Private Limited
Value Added Tax-Assessment-Natural Depositing Rs. 10,000-Assessee Obtaining V.union Of India And Others
Justice-order Passed on Next Day After Release- Proceedings At Stage of Show Ujjal Bhuyan and Abhay Ahuja JJ.
Service of Notice on Dealer-Demand Cause Notice to Go Ahead in Accordance Citation: [2021] 85 GSTR 385 (Bom)
Raised Denying Input Tax Credit on Ground With Law-Assessee to Make Good Its Case Bench/Court: [IN THE BOMBAY HIGH
Registration of Selling Dealer Cancelled That Show Cause Notice Deserved to Be COURT]
With Retrospective Effect-order Liable to Discharged-Central Goods and Services Tax
Be Quashed and Matter Remanded for Act (12 of 2017), ss. 2(108), 122(xiv), 130. Service Tax-Sabka Vishwas (Legacy Dispute
Fresh Hearing-Claim to Input Tax Credit to Resolution) Scheme, 2019-Estimate By
Be Considered Afresh After Giving Dealer Statute: VALUE ADDED TAX Designated Committee of Amount Payable
Due Opportunity of Hearing and Providing Decision in favour of: Department By Assessee Exceeding Amount Declared
It Copies of Assessment orders and order Title: Bagadia Brothers V. Additional By Assessee- Discretion with Designated
of Cancellation of Registration of Vendor- Commissioner Of Commercial Taxes, Committee to Grant One Adjournment of
Gujarat Value Added Tax Act, 2003 (1 of Gandhinagar, Bengaluru Personal Hearing- Hearing Not Taking
2005), S. 34(2). Aravind Kumar and E. S. Indiresh JJ. Place on Adjourned Date for Reasons
Citation: [2021] 85 GSTR 247 (Karn) Beyond Control of Designated Committee
Statute: VALUE ADDED TAX Bench/Court: [IN THE Karnataka HIGH or Assessee or for any Act of God-Fresh
Decision in favour of: ASSESSEE COURT] Date of Personal Hearing Should Be
Title: Mata Transport Private Limited Granted- Assessee Unable to Appear on
V. State Of Tripura and Others Reassessment - Jurisdiction - Prescribed Adjourned Date Owing to Complete National
Akil Kureshi C. J. and Arindam Lodh J. Authority -order Passed By Commissioner Lockdown Due to Covid-19 Pandemic-order
Citation: [2021] 85 GSTR 180 (Tripura) Specifically Stating That Reassessment Passed Without Grant of Further Hearing-
Bench/Court: [IN THE TRIPURA HIGH Proceedings to Be Taken By Authorities Not Sustainable- order Quashed- Matter
COURT] Indicated Therein, and Annexure Containing Remanded- Finance (No. 2) Act (23 of
Names of Dealers Against Whom Permission 2019), Ss. 124, 127-Sabka Vishwas (Legacy
Value Added Tax-Certificate of Registration- Accorded to Carry Out Reassessment - Dispute Resolution) Scheme Rules, 2019,
Amendment of Registration-Transporter- Reassessment Competent -Karnataka R. 6.
Security Deposit-Amendment of Value Added Tax Act, 2003 (32 of 2004), ss.
Registration to Include New Premises in 2(24), 39(1). Service Tax-Sabka Vishwas (Legacy
List of Places Used as Godown and Treated Dispute Resolution) Scheme, 2019-Estimate
as Delivery Point-No Material to Indicate Revision-Input Tax Credit-Principle That By Designated Committee Denying Benefit
Godown Intended to Be Used as Branch Once Purchasing Dealer Satisfactorily of CENVAT Credit Based on Reports of
Office- Demand for Security Deposit Not Demonstrates That He Has Paid Tax to Revenue Intelligence-Reports Not Furnished
Sustainable- Tripura Value Added Tax Act, Selling Dealer, He Was Entitled to Claim Input to Assessee-Failure of Natural Justice-order
2004 (1 of 2005), S. 22(3)—Tripura Value Tax Credit-Not Applicable Where There Was Vitiated.
Added Tax Rules, 2005, rr. 12(4),17. Allegation of Fraud-Selling Dealer Found to
Be Mere Bill Trader and Having Issued Fake Statute: SERVICE TAX
Statute: ENTERTAINMENT TAX Bills to Facilitate Claim to Input Tax Credit Decision in favour of: ASSESSEE
Decision in favour of: ASSESSEE By Other Dealers-Additional Commissioner Title: Assam Cricket Association
Title: PVR ltd. (formerly known as SPI Holding Claim to Input Tax Credit Made By V. Union of India And Others
Cinemas pvt. ltd.) v. Commercial Tax Dealer Not Sustainable-Justified in Revising Achintya Malla Bujor Barua J.
Officer, Royapettah Assessment Circle, order of First Appellate Authority Allowing Citation: [2021] 85 GSTR 426 (Gauhati)
Chennai Input Tax Credit and Restoring order of Bench/Court: [In The Gauhati High Court]
Dr. Vineet Kothari and M. S. Ramesh JJ. Assessment - Karnataka Value Added Tax
Citation: [2021] 85 GSTR 187 (Mad) Act, 2003 (32 of 2004), ss. 64(1), 70. Service Tax-Sabka Vishwas (Legacy Dispute
Bench/Court: [IN THE MADRAS HIGH Resolution) Scheme, 2019-Declaration
COURT] Statute: VALUE ADDED TAX Under Scheme-Assessee in Declaration
Decision in favour of: ASSESSEE Declaring Penalty Levied At “Zero” -Not
Entertainment Tax-Charge of Tax-Online Title: ICICI Bank Ltd. V. Commissioner A Mistake With A View to Claiming Undue
Booking Charges-Separate Payment for Of Central Excise, Thane-II, Mumbai Benefit-Assessee Allowed to File Fresh
Separate Facility-Not Uniformly Charged C. J. Mathew (Technical Member) and Declaration - Finance (No. 2) Act (23 of
From all Customers for Having Entry Into Ajay Sharma (Judicial Member) 2019).
Cinema Hall-Nor Payment for Admission- Citation: [2021] 85 GSTR 313 (CESTAT-
Not Liable to Tax-Tax Leviable Only on Cost Mum)
11
Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021Ernakulam Branch of SIRC of ICAI e-NEWSLETTER
Statute: Goods and Services Tax
Bench/Court [In The Kerala High Court] Levied and Appeal Dismissed-Tribunal on
Decision in favour of: ASSESSEE
Revision Petitions Setting Aside Penalty
Title: Cosmo Films Limited
Goods and Services Tax-Detention, Seizure Under Section 4((2) But Sustaining Penalty
V. Union of India And Others
and Release of Goods and Conveyance Under Section 70(5)(B)—Writ Petition-
J. B. Pardiwala and Bhargav D. Karia JJ.
in Transit- Detention of Goods Belonging Show Cause Notice Issued to Petitioner
Citation: [2021] 85 GSTR 79 (Guj)
to Petitioner-Consignor on Ground That Not Containing Gist of Accusations- Entire
Bench/Court: [In The Gujarat High Court]
Number of Vehicle Owned By Other Proceedings Under Section 70(5)(B) Void
Petitioner Shown in E-Way Bill Not Ab Initio-Tribunal Based Its Findings Upon
Goods and Services Tax- Exporters Holding
Matching With Actual Vehicle Number- Incorrect Provisions of Law-Gone Beyond
Advance Authorisation Licences Issued
Notice Demanding Security Mentioning Penalty order By Observing original
By Department of Foreign Trade- Effect of
Two Different Amounts One Under Section Documents Not Produced-Failed to Consider
Notification No. 54/2018- Amendment With
129(1)(A) in Respect of A Scenario Involving Facts as Well as Relevant Provisions of Law
Retrospective Effect From October 23, 2017
Owner and Another Under Section 129(1) and Proceeded to Pass Totally Erroneous
Clarifying That Option of Claiming Refund
(B) in Respect of Scenario Involving Person order-Authorities Below as Well as Tribunal
Not Restricted to Exporters Who Avail of
Other Than Owner-Consignor Prepared to Failed to Consider Return Filed By Petitioner
Basic Customs Duty Exemption and Pay
Offer Bank Guarantee to Value of Higher to Find Out If At all There Was Any Evasion
Integrated Goods and Services Tax on Raw
Amount and Owner of Vehicle Willing That of Tax-order of Penalty, Appellate order as
Materials- Exporters Claiming Refund Under
His Seized Vehicle Might Be Released to Well as order of Tribunal So Far They Relate
Second Option Can Change-Anomaly
Consignor-Direction to Release Vehicle and to Imposition of Penalty Under Section 70(5)
Addressed-Grievance of Exporters That
Goods to Consignor on Furnishing of Bank (B) Set Aside-Jharkhand Value Added Tax
Till October 23, 2017, They Were Eligible
Guarantee for Higher Amount By Consignor- Act, 2005 (5 of 2006), ss. 40(2), 70(5)(B).
to Opt for Rebate of Integrated Goods
Kerala State Goods and Services Tax Act
and Services Tax Paid on Exports Without
(20 of 2017), S.129. Statute: SERVICE TAX
Restriction, But With Effect From October
Decision in favour of: ASSESSEE
23, 2017 They Were Not Able to Avail of
Statute: VALUE ADDED TAX Title: Kiran Gems Private Limited
Export Benefits, Addressed-Notification
Decision in favour of: ASSESSEE V. Union of India And Others
No. 54/2018 Applicable With Effect From
Title: Bihar Sponge Iron Ltd. Ujjal Bhuyan and Milind N. Jadhav JJ.
October 23, 2017 and Not From Inception of
v. State of Jharkhand And Others Citation: [2021] 87 GSTR 250 (Bom)
Rule 96(10)—Central Goops and Services
H. C. MISHRA and DEEPAK ROSHAN JJ. Bench/Court [In The Bombay High Court]
Tax Act (12 of 2017) S.54 Integrated Goods
Citation: [2021] 87 GSTR 284 (Jharkhand)
and Services Tax Act (13 of 2017) S.
Bench/Court [IN THE JHARKHAND HIGH Service Tax- Audit- Notice Proposing Special
16-Central Goods and Services Tax Rules,
COURT] Audit By Central Excise Revenue Audit Team-
2017, r. 96(10)—Notification No. 54/2018
Notice Not Contemplated Under Service Tax
Dated 9th October 2018.
Value Added Tax-Penalty-Evasion of Tax- Rules or Under Goods and Services Tax
Show-Cause Notice- Tribunal-Goods Law- Notice Without Jurisdiction- Finance
Statute: Goods and Services Tax
Seized Under Section 70(5)(A) Pursuant to Act (32 of 1994), S. 72a-Central Goods and
Decision in favour of: Asseessee
Inspection on Ground Entries Not Made in Services Tax Act (12 of 2017)—Comptroller
Title: Exide Industries Limited
Books of Account of Goods Purchased in Year and Auditor General’s (Duties, Powers and
V. Assistant State Tax Officer, State GST
2010-11 By Petitioner-Manufacturer-Show- Conditions of Service) Act (56 of 1971), Ss.
Department, Mananthavady
Cause Notice Issued for Levy of Penalty 2(A), 10, 16, 20-Service Tax Rules, 1994, t.
Citation: [2021] 85 GSTR 256 (Ker)
Under Sections 40(2) and 70(5)(B)—Penalty 5A-Constitution of India, Arts. 148, 149, 151.
Compliance Calendar August 2021
Due Date Particulars Description
07-Aug-21 TDS/TCS payment Deposit TDS/TCS for the month of July 2021
10-Aug-21 GSTR-7 TDS deductor for the month of July 2021- Form GSTR-2
GSTR-8 TDS deductor for the month of July 2021- Form GSTR-8
11-Aug-21 GSTR-1 Aggregate turnover of more than INR 5Cr.- July 2021
GSTR-1 Aggregate turnover of upto INR 5 Cr. and opted to file monthly return - July 2021
13- Aug-21 GSTR-1 Aggregate turnover upto 5 Cr. and opted to file QRMP Scheme July 2021 (IFF)
GSTR-6 Input Service Distributors (ISD)- July 2021 - Form GSTR-6
14-Aug-21 TDS Certificates Due date for issue of TDS Certificate for tax deducted under section 194M/1A/1B in the month of June 2021
15-Aug-21 TDS Certificates Quarterly TDS Certificate(other than salary) for the quarter ending June 30, 2021
PF Payment of Provident Fund for the month of July 2021- Form ECR
ESI Payment of ESI for the month of July 2021- ESi Challan
20-Aug-21 GSTR-3B Aggregate turnover more than INR 5 Cr. in preceeding previous year or have not opted for QRMP Scheme for the quarter
(Q2)- July 2021
GSTR-5/5A Non-Resident Taxpayers and ODIAR services provider
25-Aug-21 PMT-06 Challan for depositing GST by taxpayers who have opted for the quarterly filing of GSTR-3B under QRMP scheme
31-Aug-21 Vivad Se Viswas Payment under the Direct Tax Vivad Se Viswas Act, 2020 without additional amount
Form LLP 11 Annual statement for submitting details of the business of the LLP and its partners for the FY-2020-21 - Form LLP11(***)
DPT 3 Annual statement for submiting details Outstanding Loan for the FY 2020-21: For Companies - Form DPT-3 (***)
CFSS 2020 Companies Fresh Start Scheme 2020 (CFSS) for FY 2019-20: for Companies - Form CFSS (***)
GST Amnesty Scheme End date for the new GST Amnesty Scheme for filing GSTR 3B with reduced late fee
*** Extended due dates
Due Date for filing GST 3 B for small taxpayers are not yet notified, it appears as 20th Aug 2021 in the GST portal
E-Newsletter Released by CA.Renjith R.Warrier, Chairman, Ernakulam Branch of SIRC of ICAI , ‘ICAI Bhawan’, Diwan’s Road, Ernakulam, Kochi - 682016
July 2021
Phone: |
0484- 2362027. Email: e-NewsletterWebsite:
ernakulam@icai.org. Ernakulam Branch of SIRC of Editor:
www.ernakulam-icai.org ICAI CA.Renjith R.Warrier, Chairman, Ernakulam Branch of SIRC of ICAI.You can also read
