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UPDATE ...thinkingofGST,think ! - Bizsolindia
APRIL 2021 | VOLUME 140

WEEKLY
UPDATE
...thinking of GST, think                       !
                                       by
                         BIZSOLINDIA SERVCES 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
UPDATE ...thinkingofGST,think ! - Bizsolindia
APRIL 2021 | VOLUME 140

Table of Content
WEEKLY UPDATE

Goods and Services Tax                                                03

Customs                                                               06

Foreign Trade Policy                                                  08

Income Tax                                                            09

Digital Updates                                                       11

2
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Update
GST
New Functionalities made available for Taxpayers on GST Portal in
March, 2021
  1) Registration:

 Sr.         Form/Functionality                      Functionality made available for Taxpayers
 No.
  1    Assignment of new applications        New registration applications of the applicants, whose previ-
       of registration, in certain cases,     ous application for registration were either rejected by Tax
        with same PAN and in same            Officer or whose GSTIN was cancelled (either suo-moto or if
                   State/ UT                   surrendered by the taxpayer), will now be assigned to the
                                             respective authority of the State or Centre (who have earlier
                                            rejected the same), whenever these applicants/ taxpayers apply
                                               for registration under the same PAN and within the same
                                                                        State/ UT.
  2    Aadhaar Authentication enabled          Persons/ applicants applying for new registration in GST,
       for Persons/ applicants applying     through MCA portal in SPICe -AGILE Form, can now opt for
         for GST registration through          Aadhaar Authentication (while applying for registration).
                MCA portal in
            SPICe -AGILE Form
  3      Disabling entering Aadhaar         The field for entering Aadhaar number has been disabled for:
       number by Taxpayers/Applicants
         in registration application                      •Taxpayers in following scenarios.
                                            - While adding Authorised Signatory/Authorised Representa-
                                                tive through Non- Core amendment of registration.
                                            - While adding Promoter/ Partner through Core amendment
                                                                 of registration.
                                         •Applicants/ taxpayers adding details of Authorised Represen-
                                                     tative in New Registration application.
  4       Selection of Core Business     The existing taxpayers have been provided with a functionality
       Activity by existing Taxpayers on on the GST portal to select their core business activity. They
                the GST Portal           can select one of the following categories as their core business
                                                        activity, based on their turnover:
                                                                   • Manufacturer
                                                        • Wholesaler/Distributors/ Retailers
                                                            •Service Providers and others

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Update
GST
     2) Returns:

    Sr.         Form/Functionality                     Functionality made available for Taxpayers
    No.
     1     RESET button enabled on GST        Normal taxpayers, irrespective of their filing profile (of quar-
            Portal for Form GSTR-1/ IFF         terly or monthly), have now been provided with a RESET
             (Invoice Furnishing Facility        button on the GST Portal, in Form GSTR-1/IFF. This will
                                                enable them to delete the entire saved data, for the specific
                                                  return period, but not yet submitted or filed their Form
                                                                         GSTR-1/IFF.
     2    Reporting and paying interest &      A person registered as OIDAR can now declare interest and
          other amounts, in Form GSTR-       any other liabilities in Table 6 - Interest or any other amount of
             5A by OIDAR registrants         their Form GSTR 5A and discharge it through Electronic Cash
                                                                           Ledger.
     3    Download of Table 5 data, after      Registered manufacturers who are required to file quarterly
           filing, enabled for Form GST          Form GST ITC-04 (to furnish details of inputs or capital
                       ITC-04                 goods, sent to a job worker without payment of tax), can now
                                               download the data of Table 5 of Form GST ITC-04 (on the
                                              GST Portal), after filing the Form, when there is change in the
                                              state code, due to merger or creation of a State/ UT. This is to
                                             download data, when there is change in State/ UT code, before
                                                                 the goods are received back
     3) Refunds:

    Sr.         Form/Functionality                     Functionality made available for Taxpayers
    No.
     1      Filing of refund application in  The system earlier validated the refund amount claimed by the
           Form GST RFD-01, by exporter        exporter of services (with payment of tax), against the pro-
          of services (with payment of tax), ceeds realised (against exports, as submitted by the claimant in
             in cases of Foreign exchange     form of FIRC). If the value realised mentioned in BRC/FIRC
                      fluctuations            column, was less than the refund amount claimed, then such
                                              taxpayers were not allowed to file their refund application on
                                                 GST Portal. This validation has now been removed and
                                               taxpayer will be able to file refund application now in such
                                             cases (As the value realised in BRC/FIRC may fluctuate due to
                                              foreign exchange fluctuations and net realisation may be less
                                                                than the refund amount).

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Update
GST
   4) Audit:

 Sr.           Form/Functionality                   Functionality made available for Taxpayers
 No.
  1     Audit related functionalities made   • All notices and report issued by tax official will be avail-
              available to taxpayers          able to taxpayers under ‘Additional Notices and Orders’
                                              • Taxpayer can reply to the audit notices and can upload
                                                                     document
                                             • Taxpayer can accept/reject/pay the liabilities, discrepan-
                                             cy-wise, as outlined in the Notice for Discrepancies or in
                                             Addl. Notice for Discrepancies (if any) or in Audit Report
                                                               (Form GST ADT-02).
                                             • Taxpayers can apply for Adjournment or for extension of
                                                         the date of Audit to the tax officer
   5) Front Office

 Sr.           Form/Functionality                   Functionality made available for Taxpayers
 No.
  1    Status of Aadhaar authentication or   In the Search Taxpayer functionality (both pre-login and
        E- KYC verification of a GSTIN in    post login), the user will now be shown status of Aadhaar
          search tax payer functionality       authentication or E-KYC verification of the searched
                                                                        GSTIN.
  2    Change in label and functionality of The label for “Search HSN / Service Classification Code Tax
        HSN / Service Classification Code    Rate” has now been changed to “Search HSN Code”. The
                Tax Rate search              functionality also has been enhanced wherein if the user
                                            searches for an item or a HSN code, the output is displayed
                                               systematically under the associated Chapter head, the
                                               description of the keyed- in HSN code and also other
                                               associated HSN codes (all hyperlinked) along with it.
                                                   (Services> User Services > Search HSN Code).
Source: GSTN

• SYSTEMS     AND   DATA    MANAGEMENT,     BENGALURU
  has issued the advisory No. 03 dtd 06-04-2021    w.r.t.
  Issuance of SCN based on Order-in-Review & Call Book.

• MINISTRY OF LAW AND JUSTICE (Legislative Department) has issued
  the corrigendum and for amendment in the FINANCE ACT, 2021 (13
  OF 2021), as published in the Gazette of India, Extraordinary, Part II,
  Section 1, dated the 28th March, 2021, Issue No. 15:

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APRIL 2021 | VOLUME 140

Update
GST
    Page No.   Line(s) No.                For                                Read
      27           26        “from receipt of such money by”         “from such receipt by”
      28           17                   “asseet”                             “asset”
      34           31                    “Zone”                             “Zones”
      47           18             “1st February, 2021”             “1st day of February, 2021”
      69           02                 “who-time”                         “whole-time”
      102          38               “be notification”                   “by notification”
      115          33               “on the income”                       “on income”
      121          18              “income-tax; and”                     “income-tax;”
      121          26              “income-tax; and”                     “income-tax;”
      121          29                “income-tax;”                     “income-tax; and”.

Update
Customs
• Central Government has introduced Customs (Verification of Identity
  and Compliance) Regulations, 2021. These regulations apply to
  importers, exporters and custom brokers who are newly engaging in
  import or export activity after commencement of this regulation.

• Person who is newly engaging in import or export activity after the
  commencement of these regulations shall furnish below documents not
  later than thirty days of engaging in import or export activity:
  1. Document of incorporation, in case of persons other than individuals
     shall be the following, namely:-
         a) in case of partnership firm, partnership deed or agreement;
         b) in case of Limited Liability Partnership, Certification of
            Registration issued by Registrar and LLP Agreement;
         c) in case of company, Certificate of Registration issued by
            Registrar and Memorandum of Understanding and Articles of

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Update
Customs
                Association;
             d) in case of trusts/foundations, Certificate of Registration and
                Memorandum of Understanding and Articles of Association;
             e) in any other case, any document evidencing constitution.

       2. Document evidencing appointment of authorised signatories, if
          applicable.
       3. Permanent Account Number
       4. GST Identification Number
       5. Document such as bank statement, Income Tax Return etc. evidencing
          financial standing of the person

• The Commissioner of Customs may select any existing importer or
  exporter and demand such documents as mentioned above. These
  documents are to be submitted within 15 days of intimation.

• On furnishing of documents or information stipulated every individual,
  karta, managing director, whole time director, partners, member of
  managing committee of association, board of trustees, authorised
  representative, authorized signatory, shall, within the prescribed time
  limit, undergo on the Common Portal-
         (i) authentication of Aadhaar; and
         (ii) verification of Permanent Account Number
         [Notification 41/2021 – Customs (NT) dated 5th April 2021]

• Anti-dumping duty is imposed on the following pending investigation:
 S.       Sub-           Description of           Country of   Country of   Producer     Duty    Curren-   Unit
 No.     heading             group                  origin       export                 amount     cy

 (1)       (2)                 (3)                   (4)          (5)         (6)         (7)      (8)     (9)

  1      3907.20   Flexible Slabstock Polyol of     Saudi         Any        Sadara     150.06    USD      MT
                    molecular weight    3000-       Arabia                  Chemical
                               4000                                         Company

                                     ...thinking of GST, think                      !                        7
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Update
Customs
    2      3907.20   Flexible Slabstock Polyol of      Saudi         Any         Any other              235.02   USD   MT
                      molecular weight    3000-        Arabia                     than at
                                 4000                                              Sl. No            
                                                                                  1 above

    3      3907.20   Flexible Slabstock Polyol of        Any        Saudi              Any              235.02   USD   MT
                      molecular weight    3000-        country      Arabia
                                 4000                other   than
                                                       country
                                                      attracting
                                                    antidumping
                                                         duty

    4      3907.20   Flexible Slabstock Polyol of       UAE          Any               Any              101.81   USD   MT
                      molecular weight    3000-
                                 4000

    5.     3907.20   Flexible Slabstock Polyol of        Any         UAE               Any              101.81   USD   MT
                      molecular weight    3000-        country
                                 4000                other   than
                                                       country
                                                      attracting
                                                    antidumping
                                                         duty

         Notification No. 20/2021 -Customs dtd 5th April 2021

Update
Foreign Trade Policy
• New address of Regional authority, Ahmedabad is notified through the
  Public Notice.
         [Public Notice 52/2015-20 dated 31st March 2021]

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                           ...thinking of GST, think                         !
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Update
Income Tax
• CBDT revised Form 3CD and Rule 6G. Now assesse can revise Form
  3CD which is necessitated by recalculation of disallowance under
  Section 40 or Section 43B. [Notification no.28/2021 dated 1st April 2021]

• Agreement between India and Iran for the avoidance of Double Taxation
  and the prevention of Fiscal evasion with respect to taxes on Income has
  been notified. [Notification no.29/2021 dated 1st April 2021]

• Following amendments has been made in Rule 10DA and Rule 10DB
        • The information and document specified under Rule 10DA(1) of
          Income tax rules shall be furnished to the Joint Director (earlier
          it was Commissioner) referred to in rule 10DB(1), in Form No.
          3CEAA on or before the due date for furnishing the return of
          income as specified under sub-section (1) of section 139.

        • Where there are more than one constituent entities of an
          international group required to file the information and
          document under Rule 10DA (2), the Form No. 3CEAA may
          be furnished by any one constituent entity. The condition of
          constituent entities Resident in India has been taken away.

        • The income-tax authority for the purposes of section 286 shall
          be the Joint Director (earlier it was Joint Commissioner) as may
          be designated by the Principal Director General of Income-tax
          (Systems) or the Director General of Income-tax (Systems), as
          the case may be.

        • The total consolidated group revenue of the international group
          has been changed to six thousand four hundred crore rupees
          from five thousand five hundred crore rupees for the purpose of
          Section 286(7) of Income Tax Act.

        • The words Resident in India has been omitted from the heading
          of Appendix II in Form No.3CEAB.
   [Notification no.31/2021 dated 5th April 2021]
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"                                           APRIL 2021 | VOLUME 140

Eleanor Roosevelt

"If life were predictable it
would cease to be life, and be
without flavor."

10
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