308th Issue of Tax Connect

Tax Calendar

Income Tax

Press Release

CBDT Grants Further Relaxation In Electronic Filing Of Income Tax Forms 15CA/15CB:

OUR COMMENTS: As per the Income-tax Act, 1961, there is a requirement to furnish Form 15CA/15CB electronically. Presently, taxpayers upload the Form 15CA, along with the Chartered Accountant Certificate in Form 15CB, wherever applicable, on the e-filing portal, before submitting the copy to the authorized dealer for any foreign remittance.

In view of the difficulties reported by taxpayers in electronic filing of Income Tax Forms 15CA/15CB on the portal wwwdotincometaxdotgovdotin, it had earlier been decided by CBDT that taxpayers could submit Forms 15CA/15CB in manual format to the authorized dealer till 15th July 2021.

It has now been decided to extend the aforesaid date to 15th August 2021. In view thereof, taxpayers can now submit the said Forms in manual format to the authorized dealers till 15th August 2021. Authorized dealers are advised to accept such Forms till 15th August 2021 for the purpose of foreign remittances. A facility will be provided on the new e-filing portal to upload these forms at a later date for the purpose of generation of the Document Identification Number.

Notification

CBDT Vide Notification 2/21, Dated 20 July 2021 Allocated Areas Of Jurisdiction Among The Competent Authorities

OUR COMMENTS: The Central Government is pleased to allocate the following areas of jurisdiction among the Competent Authorities authorized under sub-section (1) of section 5 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) for the purpose of the said Act:

* The territorial area-wise jurisdiction of the respective Income Tax Authorities in this regard will be the same as provided for in CBDT Notification No 40/2017/F. No. 173/429/2016-ITA-I dated 18-05-2017 [S.O. 1621(E)] published in Part II, Section 3, Sub-section (ii) of the Gazette of India, Extraordinary. The work performed by the Competent Authorities authorized under sub-section (1) of section 5 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) in the exercise of powers conferred under section 7 of the Prohibition of Benami Property Transactions Act 1988 will be in addition to the work already being performed by the Competent Authorities.

Related Topic:
Tax Connect: 310th Issue

[For further details please refer to the notification]

GST

Case Law

Naggaraj Anooradha Vs The State Tax Officer (Circle) Koyambedu (C) No. 4/109, Chennai Bangalore Dated 8th July 2021

BRIEF: According to the Madras High Court the petitioner has made a claim for refund of Input Tax, in respect of which a deficiency memo had been raised by respondent calling for documents in support of the claim – An e-application for refund was once again filed – A SCN was issued proposing rejection of refund stating that there was a mismatch between the export value and the net ITC when compared to monthly returns – The case of the petitioner is that two invoices relating to the month of March 2020 had been inadvertently omitted to be taken into account and this would account for mismatch – The impugned order is non-speaking – In fact, there is a column available for reasons on the basis of which the claim has been either accepted or rejected – However, this column in the impugned order is conspicuously blank and no reasons have been adduced for the rejection of the request – Bearing in mind the violation of principles of natural justice, the impugned order of rejection is set aside.

OUR COMMENTS: The petitioner challenges the order dated 22.07.2020 rejecting its request for a refund. The petitioner is a registered assessee on the files of the State Tax Officer/sole respondent under the Goods and Services Tax Act, 2017 (in short ‘Act’). The petitioner has made a claim for refund of Input Tax, in respect of which a deficiency memo had been raised by the respondent on 15.06.2020 calling for documents in support of the claim. An e-application for refund was once again filed on 16.06.2020. This was followed by a show-cause notice dated 25.06.2020 proposing rejection of refund stating that there was a mismatch between the export value and the net ITC when compared to monthly returns. The petitioner has responded to the show-cause notice to vide reply dated 07.07.2020 enclosing copies of the export invoice, inward supply bills, and bank realization statements. The case of the petitioner appears to be that two invoices relating to the month of March 2020 had been inadvertently omitted to be taken into account and this would account for the mismatch. Had a personal hearing been afforded to the petitioner prior to adjudication of the request for a refund, this point would have been explained. However, since the impugned order has come to be passed without affording an opportunity for personal hearing, this point has not been put forth to the respondent for consideration effectively. Moreover, the impugned order is non-speaking. In fact, there is a column available for reasons on the basis of which the claim has been either accepted or rejected. However, this column in the impugned order is conspicuously blank and no reasons have been adduced for the rejection of the request. Bearing in mind the violation of principles of natural justice, the impugned order of rejection is set aside. The petitioner will appear before the respondent on Monday, the 19th of July, 2021 at 10.30 a.m. without expecting any further notice in this regard. After hearing the petitioner, the respondent shall pass an order of adjudication on the request of refund, de novo within a period of four (4) weeks from the date of personal hearing, in accordance with the law. This Writ Petition is disposed of as above. No costs. Connected Miscellaneous Petitions are closed

[In favour of the petitioner].

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