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Companies (cost records and audit) Amendment Rules, 2018 Dated 3.12.2018

Companies (cost records and audit) Amendment Rules, 2018 Dated 3.12.2018

 

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 3rd December, 2018

G S R………………… (E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 469 and section 148 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (cost records and audit) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (cost records and audit) Amendment Rules, 2018.

(2) They shall come into force on the date of their publication in the official Gazette.

2. In the Companies (cost records and audit) Rules, 2014 (hereinafter referred to as the Principal Rules). in rule 3. in TABLE, under the heading (B) Non-regulated Sectors,-

(i) against Si. No. 7 for the words “services rendered by a Port in relation to a vessel or goods regulated by the Tariff Authority for Major Ports” the words, figures and brackets “services rendered for a Port in relation to a vessel or goods regulated by the Tariff Authority for Major Ports under the Major Port Trusts Act, 1963 (38 of 1963)”, shall be substituted;

(ii) against Sl. No. 8 for the words `by airports’ the words ‘at the airports’ shall he substituted;

(iii) against Sl. No. 13, after the entry ‘8608’, the entry ‘8609’ shall be inserted.,

(iv) against Si. No. 19, after the entry ‘5303’, the entry ‘5307’ shall be inserted;

(v) against Sl. No. 28, for the words ‘Paper’, the words ‘Pulp and Paper’ shall be substituted and before the entry ‘4801 to 4802’ the entry ‘4701 to 4704’ shall be inserted ;

(vi) against Sl. No. 29, after the entry ‘5303’, the entry ‘5307’ shall be inserted;

(vii) against Sl. No. 33, in point no. (xiii), for the word `deflobillator’ the word `defibrillators’ shall be substituted:

3. in rule 6, in sub-rule (6), the following proviso shall be inserted, namely:-

Provided that the Companies which have got extension of time of holding Annual General Meeting under section 96 (1) of the Companies Act, 2013, may file form CRA-4 within resultant extended period of filing financial statements under section 137 of the Companies Act, 2013..

4. In the principal rules, in Annexure,-

(i) in Form CRA-1, paragraph number 31 shall be inserted, namely:-

“31. Unit of Measurement (UOM).

The Unit of Measurement (UOM) for each Customs Tariff Act Heading, wherever applicable, shall be the same as provided for in the Customs Tariff Act, 1975 (51 of 1975) corresponding to that particular Customs Tariff Act Heading.”;

(ii) in form CRA-3, in Note, Note (3) shall be added, namely:-

Note (3) The Unit of Measurement (UOM) for each Customs Tariff Act Heading, wherever applicable, shall be the same as provided for in the Customs Tariff Act, 1975 (51 of 1975) corresponding to that particular Customs Tariff Act Heading.”

[F.No. 1/40/2013-CL-V Part 1]

K.V. . MURTY,
Jt. Secy., Government of India

Note.- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 425 (E), dated the 30th June, 2014 and amended vide number G.S.R. 01(E), dated the 31″ December, 2014 and vide number G.S.R. 486 (E), Dated the 12th June, 2015 and vide number G.S.R. 695 (E), dated the 14th July, 2016 and vide number G.S.R. 1498 (E), dated the 7th December, 2017 and vide number G.S.R. 1526 (E), dated the 20th December, 2017.

Linkhttp://www.mca.gov.in/Ministry/pdf/CompaniesAmendmentRulesCostAndAudit_03122018.pdf

Printing ,publishing and sale of books

Download Gst for printing and advertising agency list here

 

GST rate

Sale of printed books Nil
Printing service (content only provided) 12%
Printing service ,binding and publishing etc 18%

In the case of printing of books, pamphlets, brochures, annual reports, and the like, where
only content is supplied by the publisher or the person who owns the usage rights to the
intangible inputs while the physical inputs including paper used for printing belong to the printer,
supply of printing [of the content supplied by the recipient of supply] is the principal supply and
therefore such supplies would constitute supply of service falling under heading 9989 of the
scheme of classification of services.

Other type of printing

1) Printed Vinyl, One Way Vision, BACKLIT, Printed Clear vinyl –

HSN code – 3919909 @ 18%

2) Printed Vinyl paste on Sunboard –

HSN code -39219029@ 18%

3) Printed Flex and Printed Sunboard –

HSN code – 49111090@ 12%

4) Printed Flex or Printed GSB Board with Iron Frame –

HSN code – 73012090@ 18%

5) Aluminium Rollup Standee With Printed Flex –

HSN code – 76169090@ 18%

6) Acrylic Sandwich Board –

HSN code – 39205111@ 18%

7) LED Board ( electric sound or visual signalling apparatus)

HSN code – 85312000@ 28%

 

 

 

Posted in GST

GSTP exam and CA/CMA/CS

For clarification on the issue whether this GSTP exam is to be passed by all Chartered Accountants (CAs), etc. qualified professionals, please read Rule 83 of CGST Rules 2017: Provisions relating to a Goods and Services Tax (GST) Practitioner. It’s amply clear that there a separate category of GSTPs those who have to pass the exam, which is indicated in Clause (b) of Sub Rule (1) of Rule 83. This category of GSTPs represent the Sales Tax Practitioners (STPs) or Tax Return Preparers (TRPs) in the existing/ erstwhile VAT, Service Tax, etc. laws. However those who fall in clause (a) or (c) of the said Sub Rule (1) of Rule 83 need not go for this GSTP Exam

https://caclub.in/nacin-exam-on-31-oct-2018-for-confirmation-of-gstp-enrollment-on-gst-network/

Posted in GST

Notification to amend rule 96(10) Central Goods and Services Tax Rules, 2017.

This notification amends rule 96(10) to allow exporters who have received capital goods under the EPCG scheme to claim refund of the IGST paid on exports and align rule 89(4B) to make it consistent with rule 96(10)

In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said
rules), in rule 89, for sub-rule (4B), the following sub-rule shall be substituted, namely:-
“(4B) Where the person claiming refund of unutilised input tax credit on account of zero
rated supplies without payment of tax has –
(a) received supplies on which the supplier has availed the benefit of the Government of
India, Ministry of Finance, notification No. 40/2017-Central Tax (Rate), dated the
23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R 1320 (E), dated the 23rd October, 2017 or
notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 2017,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R 1321(E), dated the 23rd October, 2017; or
(b) availed the benefit of notification No. 78/2017-Customs, dated the 13th October,
2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection
(i), vide number G.S.R 1272(E), dated the 13th October, 2017 or notification
No. 79/2017-Customs, dated the 13th October, 2017, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1299(E),
dated the 13th October, 2017,
the refund of input tax credit, availed in respect of inputs received under the said
notifications for export of goods and the input tax credit availed in respect of other
inputs or input services to the extent used in making such export of goods, shall be
granted.”.
3. In the said rules, in rule 96, for sub-rule (10), the following sub-rule shall be substituted,
namely:-
“(10) The persons claiming refund of integrated tax paid on exports of goods or services
should not have –
(a) received supplies on which the benefit of the Government of India, Ministry of
Finance notification No. 48/2017-Central Tax, dated the 18th October, 2017, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R 1305 (E), dated the 18th October, 2017 except so far it relates to receipt of capital
goods by such person against Export Promotion Capital Goods Scheme or notification
No. 40/2017-Central Tax (Rate), dated the 23rd October, 2017, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1320 (E),
dated the 23rd October, 2017 or notification No. 41/2017-Integrated Tax (Rate), dated
the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R 1321 (E), dated the 23rd October, 2017 has been
availed; or
(b) availed the benefit under notification No. 78/2017-Customs, dated the 13th October,
2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i), vide number G.S.R 1272(E), dated the 13th October, 2017 or notification No.
79/2017-Customs, dated the 13th October, 2017, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1299 (E), dated
the 13th October, 2017 except so far it relates to receipt of capital goods by such person
against Export Promotion Capital Goods Scheme.”.

Notification to amend rule 96(10) Central Goods and Services Tax Rules, 2017

Due date of the return in FORM GSTR-3B September, 2018 25th October, 2018

Due date of the return in FORM GSTR-3B September, 2018 25th October, 2018

The deadline for filing the GSTR-3B summary return of sales for September2018 extended till October 25

The last date for claiming Input Tax Credit (ITC) for the July 2017-March 2018 period stands similarly extended to October 25

“With a view to give some more time for the same, the last date for furnishing GSTR-3B for the month of September, 2018 is being extended up to 25th October, 2018,”

The last date for availing ITC in relation to the period from July 2017 to March 2018 is the last date for the filing of return in the Form GSTR-3B for the month of September 2018.

GSTR3B due date extended to 25.10.2018

Posted in GST

Clarification on the manner of filing the Quarterly Return by Composition Dealers in FORM GSTR-4

Clarification on the manner of filing the Quarterly Return by Composition Dealers in FORM GSTR-4

Press Information Bureau
Government of India
Ministry of Finance
17 APR 2018 3:07PM by PIB Delhi

Doubts are being raised about the manner of filing the quarterly return by composition dealers in FORM GSTR-4. In particular, there is a doubt with respect to the instruction at Sl. No. 10 appended to the said FORM which reads as below:

For the tax periods July, 2017 to September, 2017 and October, 2017 to December, 2017, serial 4A of Table 4 shall not be furnished.

In this regard, it is hereby clarified that since auto-population of the details of the inward supplies including supplies on which tax is to be paid on reverse charge is not taking place, taxpayers who have opted to pay tax under the composition levy shall not furnish the data in serial number 4A of Table 4 of FORM GSTR-4 for the tax periods January, 2018 to March, 2018 and subsequent tax periods.

Serial number 4A of Table 4 of FORM GSTR-4

How do I file an appeal against a Demand Order?

How do I file an appeal against a Demand Order?

To file an appeal against a demand order, perform following steps:

1. Access the www.gst.gov.in URL. The GST Home page is displayed.

2. Login to the GST Portal with valid credentials i.e. your User Id and Password.

Click the links below to know more about it.

A. Creating Appeal to Appellate Authority

B. Upload Annexure to GST APL-01

C. Disputed Amount/ Payment Details

D. Pre-deposit % of disputed tax

E. Utilize Cash/ ITC

F. Add any Other Supporting Document

G. Preview the Application and Proceed to File

How to file an appeal?

Posted in GST

File Refund for Multiple Tax period

Advisory for Taxpayers to file Refund for Multiple Tax period
16/10/2018

Refund application filing for multiple tax period is available for below grounds of refund:
a.Export of Goods & Services-Without payment of Tax
b.Export of services with payment of tax
c.Supplies made to SEZ Unit/SEZ Developer-Without payment of Tax
d.Supplies made to SEZ Unit/SEZ Developer-With payment of Tax
e.ITC accumulated due to inverted tax structure
f.Claim by recipient /supplier of deemed exports
Refund application can be filed using refund application Form GST-RFD-01A & selecting the tax period range
The multiple tax period application has following restrictions:
a.Multiple tax period selection should be within a single financial year
b.Application has to be filed chronologically for tax periods and in case refund application is not to be filed for any tax period, a declaration of “No Refund Application” is to be provided.
-For e.g.: If tax payer wants to file refund application for period April 2018 to June 2018 and there is no refund application filed for period previous to April 2018, then: First, taxpayer would have to file No refund application till April 2018 & Post that file refund application for April 2018 to June 2018
For claiming refund, taxpayer would have to upload invoice details mandatorily in the statement template available in the refund application itself. The statement uploaded by taxpayers will be validated by system from the invoice data declared/provided by the taxpayer at the time of filing return for that period for which refund is claimed. Only after validating data from system, the taxpayer would be able to file refund application
All the invoice details are to be provided in a single statement. Taxpayer is not required to upload multiple statements for different periods separately
After filing refund application, taxpayer would not be able to claim refund for that invoice again in some other refund application as the system will lock the invoice for which refund is claimed in one application. Also, taxpayer would not be able to amend invoice details after claiming refund
Taxpayer can also attach any other supporting document (maximum 4 documents in pdf format of size 5MB each)
After filing of refund application by taxpayer, refund application Form GST-RFD-01A along with the statement and documents uploaded shall be available to jurisdictional tax officer for review and processing of refund

Advisory for Taxpayers to file Refund for Multiple Tax period
16/10/2018

Refund application filing for multiple tax period is available for below grounds of refund:
a.Export of Goods & Services-Without payment of Tax
b.Export of services with payment of tax
c.Supplies made to SEZ Unit/SEZ Developer-Without payment of Tax
d.Supplies made to SEZ Unit/SEZ Developer-With payment of Tax
e.ITC accumulated due to inverted tax structure
f.Claim by recipient /supplier of deemed exports
Refund application can be filed using refund application Form GST-RFD-01A & selecting the tax period range
The multiple tax period application has following restrictions:
a.Multiple tax period selection should be within a single financial year
b.Application has to be filed chronologically for tax periods and in case refund application is not to be filed for any tax period, a declaration of “No Refund Application” is to be provided.
-For e.g.: If tax payer wants to file refund application for period April 2018 to June 2018 and there is no refund application filed for period previous to April 2018, then: First, taxpayer would have to file No refund application till April 2018 & Post that file refund application for April 2018 to June 2018
For claiming refund, taxpayer would have to upload invoice details mandatorily in the statement template available in the refund application itself. The statement uploaded by taxpayers will be validated by system from the invoice data declared/provided by the taxpayer at the time of filing return for that period for which refund is claimed. Only after validating data from system, the taxpayer would be able to file refund application
All the invoice details are to be provided in a single statement. Taxpayer is not required to upload multiple statements for different periods separately
After filing refund application, taxpayer would not be able to claim refund for that invoice again in some other refund application as the system will lock the invoice for which refund is claimed in one application. Also, taxpayer would not be able to amend invoice details after claiming refund
Taxpayer can also attach any other supporting document (maximum 4 documents in pdf format of size 5MB each)
After filing of refund application by taxpayer, refund application Form GST-RFD-01A along with the statement and documents uploaded shall be available to jurisdictional tax officer for review and processing of refund

File Refund for Multiple Tax period

Posted in GST