Latest Blogs from SBS and Company LLP

    SBS Wiki E Journal November 2021

    In this edition, we bring you, Part III of various shades of draft assessment orders and issue surrounding them. In this piece, we have dealt on the issues arising of the e-assessment and faceless assessment schemes.

    The next article is on the recent judgment of Honourable Supreme Court in the matter of Bharati Airtel Limited, wherein the judgment of Delhi High Court was struck down. The Supreme Court has asked right questions which the Delhi High Court failed to ask and stated that GSTR-2A is only a facilitator and non-availability of the same cannot be used at a later point of time to swap the entries. The Supreme Court upheld the Para 4 of Circular 26/26/2017 – CT since the same is within the ambit of Section 39(9) of Central Goods and Services Tax Act, 2017. The Supreme Court has distinguished the various High Court judgments which have held that GSTR-3B is a stop-gap arrangement and not a return under Section 39 by relying on the amendment made to Section 39 and finally giving a sanctity to GSTR-3B as return.

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    SBS I 18th Edition

    Filing of Form 67 as specified in Rule 128(9) is directory in nature and provisions of Rule 128 cannot override the provisions of DTAA.

    Background:

    Section 90 of the Income Tax Act, 1961 provides that the Central Government may enter into agreement with Government any country or territory outside India to eliminate double taxation of income.

    In this regard, Article 25 of DTAA provides mechanism for elimination of double taxation by way of allowing credit of tax paid in other country against the tax payable in India (in most cases).

    In order to streamline the process of claiming of credit under DTAA, Government of India has incorporated Rule 128 into the Income Tax Rules, 1962. Rule 128 states that in order to claim foreign tax credit, assessee is required to file Form 67 on or before the due date specified for filing return of income under section 139 (1).

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    SBS Wiki E Journal October 2021

    In this edition, we bring you, Part II of various shades of draft assessment orders and issue surrounding them. In this piece, we have dealt on the issues namely, can the DRP condone the delay in submission,  whether ITAT would have jurisdiction in case DRP rejects the submission because they are filed after time period and what would be the recourse for the assessee in case of non-condonation of delay by DRP?

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    The Sage of Refund of Input Services vis-à-vis Inverted Duty Structure

    The recent judgment of Honourable Supreme Court in the matter of Union of India vs. VKC Footsteps India Private Limited[1] is a bitter pill but much needed one. The said judgment serves as a foundation for the future of the goods and service tax litigation in the country. The much hyped belief ‘one nation, one tax’ needed a jolt and the same was served by the Honourable Supreme Court. In this piece, we would provide a detailed analysis of the issue, the history before the matter reached to Supreme Court, the verdict of Supreme Court and conclude the piece by contributing our view and the impact of the said judgment on the future cases.

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    Various hues of Draft Assessment Orders – Section 144B and Section 144C

    The concept of draft assessment order and final assessment order is an interesting concept to study under the Transfer Pricing (for brevity ‘TP’) Regulations. Under the old provisions of the Income Tax Act, 1961 (for brevity ‘ITA’), the concept of passing of draft assessment order was limited to transfer pricing matters and adjustment made in respect of a non-residents. Section 144C of ITA mandates the assessing officer to pass a draft of the assessment order in respect of an eligible assessee before passing the final assessment order. The objective of insertion of Section 14CC is to speedy redressal of the issue by a three-member forum called ‘dispute resolution panel’ (for brevity ‘DRP’) instead of single member forum of Commissioner of Income Tax (Appeals). Even though Section 144C was effective from October 01, 2009, the concept of draft assessment order is still a contentious issue at appellate fora.

    While the issue surrounding the concept of draft assessment order under Section 144C is settling down, a new concept of draft ‘assessment order’, ‘final draft assessment order’ or ‘revised draft assessment order’ under Section 144B has come up with litigation at the judicial fora. In this article, the concept of draft assessment order under 144C and 144B has been dealt with in detail.

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