“22- September: Important IDT Notification & Circulars”

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  • Instruction: Central Excise:

Instructions regarding immunity granted to a person from prosecution and penalty

The Central Board of Excise and Customs (“the Board”) vide Instruction F. No. 275/29/2016-CX.8 A dated September 21, 2016 has stated that as per Section 32K(2) of the Central Excise Act, 1944, also made applicable to Service tax matters and Customs, immunity granted to a person from prosecution, penalty and fine shall stand withdrawn if such person fails to pay any sums specified under order of settlement within the stipulated time.

In this regard, it has been brought to the notice of the Board that the conditions subject to which the immunity has been granted have not been complied with by the applicants in some cases, thereby rendering the order of settlement void.

Now, the Board has instructed field formations to closely monitor and ensure strict compliance with the conditions stipulated in the order of Settlement Commission. In cases of any violations, the jurisdictional Commissioner should initiate necessary action under the relevant law after bringing it to the notice of the Commission.

Read more at: http://www.cbec.gov.in/resources//htdocs-cbec/excise/cx-instructions/cx-instructions-2016/settcomm.pdf

  • Notification: West Bengal VAT/Sales Tax:
  1. Amendment in West Bengal Value Added Tax Rules, 2005

The West Bengal Government vide Notification No. 1024-F.T. dated July 21, 2016 has made amendments in the West Bengal Value Added Tax Rules, 2005 (“the WBVAT Rules”) thereby amending the following –

  • Amendment in Rule 34A dealing with Section of dealers for electronically transmitting data in the return in Form 14 or Form 14 D and manner in which quarterly returns to be furnished by dealers so selected
  •   Substitution of Rule 34A(3) of the WBVAT Rules
  •   Omission of Rule 34A (3A), Rule 34A(3B) and Rule 34A(4) of the WBVAT Rules.
  • Amendment in Rule 34AA dealing with Selection of dealers for electronically transmitting data in the return in Form 15 and manner in which quarterly returns to be furnished by dealers so selected
  • Substitution of Rule 34AA(3) of the WBVAT Rules
  • Omission of Rule 34AA (4) of the WBVAT Rules
  • Amendment in Rule 34AB dealing with Selection of dealers for electronically transmitting data in return in Form 15R and manner in which annual returns to be furnished by dealers so selected.-
  • Substitution of Rule 34AB(3) of the WBVAT Rules
  • Omission of Rule 34AB (4) of the WBVAT Rules

Further the said notification is effective from July 1, 2016.

Read More at: http://wbcomtax.nic.in/notification/1024_FT_20160721.pdf

  1. Amendment in condition for imposing Nil rate of tax on sale of tea in course of inter -state trade or commerce

The West Bengal Government vide Notification No. 1195-F.T. dated August 16, 2016 has amended Notification No. 2373-F.T. dated August 2, 2002, which prescribed that no tax under the Central Sales Tax Act, 1956 shall be payable by a dealer having his place of business in West Bengal in respect of sales by him, in the course of inter-State trade or commerce to a registered dealer from such place of business, of specified goods, on the fulfilment of the requirements laid down in this regard and subject to the specified conditions, thereby substituting  “the 31st day of March, 2017” for the words, figures and letters “the 31st day of March. 2016” in the entry in column (3) against serial No 6 in column (1) of the table.

The amended entry is as follows-

SI. No. Description of goods Conditions, if any
(1) (2) (3)
6 Tea Where such goods are purchased by the dealer at auction held at Jalpaiguri under the auspices of the North Bengal Tea Auction Committee and such Sales are effected during the period from the 1st day of December, 2004 to the 31st day of March, 2017 and the dealer keeps separate records for such purchases

Further, the said notification is effective from April 1, 2016.

 Read more at: http://wbcomtax.nic.in/notification/1195_FT_20160816.pdf

  1. Amendment in Notification No. 2372-F.T. dated August 2, 2002, which prescribed rate of tax for specified goods in respect of sales in the course of inter-State trade or commerce on fulfilment of certain conditions

The West Bengal Government vide Notification No. 1196-F.T. dated August 16, 2016 has amended Notification No. 2372-F.T. dated August 2, 2002, which prescribed that the tax payable under the Central Sales Tax Act, 1956 by a dealer having place of business in West Bengal in respect of sales by him, in the course of inter-State trade or commerce to a registered dealer from such place of business, of specified goods shall be, on the fulfilment of the requirements laid down in this regard and subject to the conditions prescribed be calculated on the turnover of the dealer as relates to such sales, at the rate specified in the Notification, thereby  Substitutingthe 31st day of March, 2017″ for the words, figures and letters “the 31st day of March. 2016” in the entry in item (ii) of clause (c) in column (3) against serial No 1 in column (1) of the table.

The amended entry is as follows-

SI. No. Description of goods Conditions, if any Rate of Tax (per centum)
(1) (2) (3) (4)
1 Tea

 

(c) at auction held at Siliguri under the auspices of the Siliguri Tea Auction Committee and such sales are effected

 

(i) during the period from the 1st day of June, 2002 2% to the 31st day of March, 2007

(ii) during the period from the 1st day of April, 2007 1% to the 31st day of March, 2017.

Further, the said notification is effective from April 1, 2016.

 Read more at: http://wbcomtax.nic.in/notification/1196_FT_20160816.pdf

  1. Amendment in West Bengal Sales Tax Rules, 1995

The West Bengal Government vide Notification No. 1198-F.T. dated August 16, 2016 has made amendments in the West Bengal Sales Tax Rules, 1995 (“the WBST Rules”) thereby amending the following

  • Insertion of following entries in the table in Rule 152A in sub-rule (4), in clause (c), in the TABLE, after serial No. 3. as follows-
4 Q.E. 30.09.2013 Form 25E As specified in rule 163 30.11.2013 07.12.2013
5 Q.E. 31.12.2013 Form 25E As specified in rule 163 15.02.2014 22.02.2014
6 Q.E. 31.03.2014 Form 25E As specified in rule 163 20.05.2014 27.05.2014
7 Q.E. 30.06.2014 Form 25E As specified in rule 163 15.08.2014 22.08.2014
8 Q.E. 30.09.2014 Form 25E As specified in rule 163 30.11.2014 08.12.2014
9 Q.E. 31.12.2014 Form 25E As specified in rule 163 28.02.2015 10.02.2015
10 Q.E. 31.03.2015 Form 25E As specified in rule 163 15.05.2015 22.05.2015
11 Q.E. 30.06.2015 Form 25E As specified in rule 163 31.08.2015 07.09.2015
12 Q.E. 30.09.2015 Form 25E As specified in rule 163 16.11.2015 23.11.2015
13 Q.E. 31.12.2015 Form 25E As specified in rule 163 07.02.2016 22.02.2016
14 Q.E. 31.03.2016 Form 25E As specified in rule 163 16.05.2016 23.05.2016
  • Insertion of rule 157A after rule 157,as follows-

         “157A. Power of the Commissioner to extend the date of furnishing return, etc. —

           The Commissioner may, by general or special order, extend the due date of submission of return by a dealer”

 Further, this amendment is effective from immediate effect.

 Read more at: http://wbcomtax.nic.in/notification/1198_FT_20160816.pdf

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