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AUGUST 2021 | VOLUME 157 WEEKLY UPDATE ...thinking of GST, think ! by BIZSOLINDIA SERVICES PVT. LTD. BUSINESS ADVISORY & ASSURANCE | TAXES AND REGULATORY OUTSOURCING | IT SOLUTIONS Whastapp Update Email Website +91 77 090 41000 corporate@bizsolindia.com www.bizsolindia.com
AUGUST 2021 | VOLUME 157 Table of Content WEEKLY UPDATE Goods and Services Tax 05 Customs 05 Foreign Trade Policy 08 Income Tax 08 Company Law 10 SEBI 11 RBI 12 Other Important Updates 13 Digital Updates 18 4 ...thinking of GST, think !
AUGUST 2021 | VOLUME 157 Update GST • Provisions of Section 110 w.r.t. President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc. and Section 111 about procedure before Appellate Tribunal has been notified and effective from 1st Aug 2021. [Notification No.29/2021- Central Tax dated 30th July 2021] • Amendment to Rule 80 of the CGST Rules, 2017 and notify Form GSTR 9 and 9C for FY 2020-21. Rule 80 provides for exemption from GSTR- 9C to taxpayers having Annual Aggregate Turnover up to Rs. 5 crores and Part B about certification is deleted. [Notification No.30/2021- Central Tax dated 30th July 2021] • Exemptions to the taxpayers having Annual Aggregate Turnover up to Rs. 2 crores from the requirement of furnishing Annual Return for FY 2020-21. [Notification No.31/2021-Central Tax dated 30th July 2021] • Blocking of E-Way Bill generation facility to extend and resume after 15.08.2021 [Press Release dated 4th August 2021] Update Customs NOTIFICATION NON-TARIFF • CBEC Notified Exchange Rate for Conversion of Foreign Currency w. e. f. 6th August 2021 [Notification No. 65/2021 - Customs (N.T.) dated 5th August 2021] ...thinking of GST, think ! 5
AUGUST 2021 | VOLUME 157 Update Customs SCHEDULE-I Rate of exchange of one unit of foreign currency Sl. equivalent to Indian rupees Foreign Currency No. [a] [b] [For Imports] [For Exports] 1. Australian Dollar 56.15 53.75 2. Bahraini Dinar 203.30 190.85 3. Canadian Dollar 60.35 58.20 4. Chinese Yuan 11.65 11.30 5. Danish Kroner 12.05 11.60 6. EURO 89.45 86.30 7. Hong Kong Dollar 9.70 9.35 8. Kuwaiti Dinar 255.60 239.35 9. New Zealand Dollar 53.75 51.35 10. Norwegian Kroner 8.55 8.25 11. Pound Sterling 104.90 101.40 12. Qatari Riyal 21.05 19.75 13. Saudi Arabian Riyal 20.45 19.20 14. Singapore Dollar 55.90 54.00 15. South African Rand 5.35 5.00 16. Swedish Kroner 8.75 8.45 17. Swiss Franc 83.45 80.20 18. Turkish Lira 9.05 8.45 19. UAE Dirham 20.85 19.60 20. US Dollar 75.10 73.40 SCHEDULE-II S. Rate of Exchange of one unit of foreign currency Foreign Currency No. equivalent to Indian rupees (1) (2) (3) (a) (b) (For Imports) (For Exports) 1 Japanese Yen 68.95 66.45 2 Korean Won 6.70 6.30 6 ...thinking of GST, think !
AUGUST 2021 | VOLUME 157 Update Customs ANTI DUMPING DUTY • Anti-dumping duty further extended on Polytetrafluoroethylene originating in or exported from Russia, up to and inclusive of 30th November, 2021. [Notification No. 31/2021 -Customs (ADD) dated 31st July 2021]. • Anti-Dumping investigation on imports of “Viscose Staple Fibre” which was extended till 31st October 2021 [Notification dtd. 31st July 2021-Department of Commerce – Director General Trade & Remedies] • Anti-dumping duty further extended on ‘Wire Rod of Alloy or Non- Alloy Steel’ originating in or exported from China PR up to and inclusive of 31st January, 2022. [Notification No. 32/2021 -Customs (ADD) dated 1st Aug 2021]. • Anti-Circumvention investigation concerning circumvention of anti-dumping duty imposed on imports of “Ceramic Tableware and Kitchenware, excluding knives and toilet items” [DGTR Notification dtd 3rd August 2021] • Anti-dumping investigation on imports of “Self-adhesive Polyvinyl Chloride Film” [DGTR Termination Notification dtd 3rd August 2021] CIRCULARS: • Amendments in AEO Programme done so as to facilitate the Auto- Renewal of AEO-T1 validity for continuous certification based on the continuous compliance monitoring and annual self-declaration. Such annual self-declarations to be filed between 1st Oct to 31st Dec every year. All AEO-T1 entities certified on or after 1st April 2019 shall stand migrated to the auto renewal process w.e.f. 1st Aug 2021. [Circular No.18/2021 Cus dated 31st July 21] ...thinking of GST, think ! 7
AUGUST 2021 | VOLUME 157 Update Foreign Trade Policy TRADE NOTICE: • All IECs. / Firms, who have been issued scrips under RoSCTL for shipping bills up to 31st Mar 2020 are requested to get the related e-BRCs uploaded in the DGFT portal by their AD Banks latest by 15th Sept 2021 failing which action would be initiated by jurisdictional RAs. [Trade Notice 13/2021-22 dated 4th Aug 2021]. • An online procedure is notified to provide for online filing and transfer of Advance Authorization(s) and EPCG Authorisation(s) from the earlier entity to the new entity(s) in case of amalgamation/de-merger/ acquisition etc. [Trade Notice 14/2021-22 dated 4th Aug 2021]. PUBLIC NOTICE: • DGFT notifies revised process for online refund of user charges/penalty/ fees [Public Notice No.19/2015-2020 dtd. 30th July 2021] Update Income Tax NOTIFICATIONS • CBDT notifies tax exemption up to 31/03/2024, for ‘2726247 Ontario Inc.’ (a pension fund), as eligible investment fund u/s 10(23FE), subject to certain terms & conditions. [Notification No. 84/2021-Income Tax Dated 3rd Aug 2021]. • CBDT notifies exemption from specified incomes u/s 10(46) subject to certain conditions in the case of ‘National Council of Science Museums, Kolkata’ for FY 2021-22 to 2025-26. [Notification No. 85/2021-Income Tax Dated 4th Aug 2021]. 8 ...thinking of GST, think !
AUGUST 2021 | VOLUME 157 Update Income Tax • CBDT notifies exemption from specified incomes u/s 10(46) subject to certain conditions in the case of ‘Real Estate Regulatory Authority, Himachal Pradesh’ for FY 2020-21 to 2024-25. [Notification No. 86/2021-Income Tax Dated 4th Aug 2021]. • Government designates Special Court(s) in various districts of the State of Gujarat in consultation with the Hon’ble Chief Justice of the Gujarat High Court, in terms of Section 280A(1) of the Income-tax Act, 1961 and Section 84 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. [Notification No. 87/2021-Income Tax Dated 4th Aug 2021]. • Government designates Special Court for the State of Meghalaya, in consultation with the Hon’ble Chief Justice of the Meghalaya High Court, in terms of Section 280A (1) of the Income-tax Act, 1961 and Section 84 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. [Notification No. 88/2021-Income Tax Dated 4th Aug 2021]. • Government designates Special Court for the State of Telangana, in consultation with the Hon’ble Chief Justice of the Telangana High Court, in terms of Section 280A (1) of the Income-tax Act, 1961 and Section 84 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. [Notification No. 89/2021-Income Tax Dated 4th Aug 2021]. ...thinking of GST, think ! 9
AUGUST 2021 | VOLUME 157 Update Income Tax CIRCULAR: • CBDT extended timelines for electronic filing of various Forms under the Income Tax Act, 1961 as under: Extended Due Particulars Period Form No. date The Quarterly statement to be furnished by authorized dealer in respect of remit- Apr-June 2021 Form No. 15CC 31st Aug 2021 tances made for the quarter ending on Quarter 30th June, 2021 The Equalization Levy Statement FY 2020-21 Form No.1 31st Aug 2021 The Statement of Income paid or credited FY 2020-21 Form No. 64D 15th Sept 2021 by an investment fund to its unit holder. The Statement of Income paid or credited FY 2020-21 Form No.64C 30th Sept 2021 by an investment fund to its unit holder Intimation to be made by a Pension Fund Arp-June 21 Form No. in respect of each investment made by it in 30th Sept 2021 Quarter 10BBB India. Intimation to be made by Sovereign Arp-June 21 Wealth Fund in respect of investments Form II SWF 30th Sept 2021 Quarter made by it in India. [Circular 15/2021 dated 3rd Aug 2021] Update Company Law CIRCULAR: • Spending of CSR funds for COVID-19 vaccination for persons other than the employees and their families is an eligible CSR activity under item No. (i) of Schedule VII of the Companies Act, 2013 relating to promotion of health care including preventive health care and item No. (xii) relating to disaster management. [Circular 13/2021 dated 30th July 2021] 10 ...thinking of GST, think !
AUGUST 2021 | VOLUME 157 Update SEBI CIRCULAR • SEBI has now permitted Non-Scheduled payments Banks to register as Bankers to an Issue. [Circular SEBI/HO/MIRSD/MIRSD_ DOR/P/CIR/605/2021 dated 3 Aug 2021]. rd • Modification in Operational Guidelines for FPIs (Foreign Portfolio Investors) and DDPs (Designated Depository Participants) pursuant to amendment in SEBI (Foreign Portfolio Investors) Regulations, 2019 [Circular SEBI/ HO/FPI&C/P/CIR/2021/609 dated 4th Aug 2021] • It is clarified that mutual funds should maintain current accounts in an appropriate number of banks for the purpose of receiving subscription amount and for payment of redemption / dividend / brokerage / commission etc. to facilitate financial inclusion, convenience of investors and ease of doing business. [CIRCULAR SEBI/HO/IMD/ IMD-I/DOF5/P/CIR/2021/610 dated 4th Aug 2021] • Registered unlisted InvITs (Infrastructure Investment Trusts) which have already issued units as on the date of this circular, shall comply with the requirement of minimum number and holding of unit holder as per the provisions of sub - regulation (3) of Regulation 26B of the InvIT Regulations within a period of six months from the date of this circular. [CIRCULAR SEBI/HO/DDHS/DDHS_Div3/P/CIR/2021/611 dated 4th Aug 2021] ...thinking of GST, think ! 11
AUGUST 2021 | VOLUME 157 Update RBI (Reserve Bank Of India) • Maintenance of State Government Accounts – Recovery of Interest on Excess put through/ Double claim (State Government Transactions): (a) To ensure prompt/immediate refund/credit to the government account in the cases of excess put through/ double claim in the payment scrolls by the agency banks, it has been decided in consultation with the office of The Comptroller and Auditor General of India (C&AG) that penal interest for excess put through/ double claim amount may be levied by State Government as in the case of delayed credit of receipts.(b) The penal interest period for such double claim/ excess put through may start from the date on which the agency bank has received the excess put through / double claim amount and up to previous date to actual date of return of such excess put through / double claim amount by agency banks to concerned state government account (excluding the date of return of such excess payment/ double claim amount by the agency banks to government account(s) (c) The rate of penal interest is Bank rate plus 2%. (The Bank Rate will be the rate notified by the RBI from time to time as applicable at the time of transaction). [NOTIFICATION NO. RBI/2021-22/75/DGBA.GBD.No. S391/42.01.011/2021-22 dated 2nd Aug 2021] • Framework for Outsourcing of Payment and Settlement- related Activities by Payment System Operators: In order to enable effective management of attendant risks in outsourcing of such activities, it was announced in the Statement on Developmental and Regulatory Policies released with the bi-monthly Monetary Policy Statement 2020-21 on February 05, 2021, that a framework for outsourcing of payment and settlement-related activities by PSOs, will be issued by the Reserve Bank of India. Accordingly, a framework for the same is provided in the Annex. The PSOs shall ensure that all 12 ...thinking of GST, think !
AUGUST 2021 | VOLUME 157 Update RBI (Reserve Bank Of India) their outsourcing arrangements, including the existing ones, are in compliance with this framework by March 31, 2022. [NOTIFICATION NO. RBI/2021-22/76 CO.DPSS.POLC.No.S-384/02.32.001/2021-2022 dated 3rd Aug 2021] • Guidelines are issued on Opening of Current Accounts by Bank in order to enforce credit discipline amongst the borrowers as well as to facilitate better monitoring by the lenders. [RBI/2021-22/77 DOR. CRE.REC.35/21.04.048/2021-22 dtd 4th August, 2021] • Guidelines issued for Implementation of the circular on Opening of Current Accounts by Banks. [NOTIFICATION NO. RBI/2021-22/77 DOR.CRE.REC.35/21.04.048/2021-22 dated 4th Aug 2021] • Exim Bank’s Government of India supported Line of Credit (LoC) of USD 30.00 million to the Government of the Republic of Sierra Leone [RBI/2021-2022/78 A.P. (DIR Series) Circular No.08 dated 5th Aug 2021] Update Others • Taxation Laws (Amendment) Bill, 2021 is introduced in Lok Sabha on 05th August 2021 to amend the Income-tax Act, 1961 and the Finance Act, 2012. [Bill No. 120 of 2021] ...thinking of GST, think ! 13
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