OF SOUTHERN INDIA REGIONAL COUNCIL (SIRC) OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (ICAI)

August 2021 Vol: 6 Issue No: 124 Ernakulam Branch of SIRC of ICAI e-NEWSLETTER MessageChairman’s

Beloved Members,

I wish to start my communique by placing on record my deepest gratefulness for your extraordinary support, guidance and blessings as we complete 6 months of the term 2021-22. The journey so far has truly been a boundless learning and most importantly a really satisfying one. I hope and pray that I meet your expectations or at least reach half the benchmark set by my honorable forerunners. I humbly request for your continued in plan for the month such as financial literacy programmes, support, feedback and guidance so as to work better for our career counseling sessions, faculty development workshops for fraternity. college teachers, etc., apart from Independence Day and Onam celebrations. The recent notification regarding Multi-Disciplinary Firms on 8th July, 2021 could be a game changer to the profession as the I am sure the tax audit season is keeping you busy and hectic but reach, visibility and opportunity of our vocation widens multifold I wish to remind you to stay safe from the pandemic as the covid as we partner with the right and permitted experts. This I am sure cases are heaving in the State especially in Ernakulam District. would help the members to serve in a wider scope beyond the We would be arranging the second dose of vaccines for the ones traditional audit and tax practice. I feel it is a very welcome move who took in May. We shall soon be sending out the details. Safety by our Institute. and health have remained our priority.

July month was a crazy run for us at the committee with loads of As we celebrate our 75th Independence Day, it is also a reminder technical and non-technical activities. The CA Day celebrations to our responsibility towards this Nation in our capacity as in the virtual presence of Padmashri Sri. M.A Yusuff Ali was Chartered Accountants and thereby upholding the morals and very thrilling along with the games and cultural activities by integrity of our profession and most importantly of this Nation. members and family. The CA month began with some noble These challenging times would pass and the glory of our nation CSR interventions for the poor and needy by distributing food and profession would continue to surge ahead and sail high. kits, distributing mobile tablets to the needy children, etc., by the Before I conclude, let me take this opportunity to wish my fellow branch. The 50 mobile phones were distributed in the presence members and family a very happy and prosperous Onam. May of four MLAs in Ernakulam District. On the technical front, we the bright colors of Pookalam and sweetness of the lovely could also successfully complete another 25 hours of CPE in July Payasam fill your life and remain forever. May all your dreams with great participation for each one of the seminars. and efforts be accomplished.

August is all set for a refresher course on Corporate Laws and Yours truly, also the plans are on for the second edition of the Navarathna Conference. There are also several brand building activities CA. Renjith R. Warrier Chairman CONTENTS 2 Chairman’s Message 3 Branch Activity 5 Onam to me, you and all of us CA. Vijay Narayan Govind FCA 6 A full time Farmer- CA.Abraham K George 7 Prostate Gland Cancer can be treated effectively - Dr R Vijayan,MS, DNB, FRCS(E), FRCS(G), Dip Urol (Lon) 8 Judicial Decisions on Direct Taxes CA. P.M.Veeramani FCA 9 Proposed Programmes - Aug & Sept 2021 Interactive meeting with Sri. Pinarayi Vijayan, Hon’ble Chief Minister of Kerala, for presenting memorandum regarding Cooperative audits and other matters of professional interest. 10 Judicial Decisions on Indirect Taxes CA. Babu Abraham Kallivayalil, Central Council Member, ICAI, CA. Jomon K.George, CA. P.J Johney, FCA Past Chairman & Member, SIRC of ICAI, CA. Renjith R.Warrier, Chairman, Ernakulam ICAI, CA. Jose.K.V, Vice Chairman, Ernakulam ICAI, CA. Remesh Kumar S, Chairman, 12 Compliance Calendar - August 2021 Thiruvananthapuram ICAI & CA. Balasubramanian N

2 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI e-NEWSLETTER BranchErnakulam Activities Branch - Julyof SIRC 2021 of ICAI

73rd CA Day Celebrations CA. Renjith Warrier, Chairman of the Ernakulam Branch of SIRC of ICAI hoisted the CA Day Flag on 1st July, 2021 . The recorded address of Hon’ble President & Vice President’s of ICAI to the CA fraternity on the occasion of 73rd Chartered Accountants’ Day were webcasted at the branch.

A Mega Tree Plantation Drive, organised by the CSR Committee of ICAI, the branch planted saplings in

On 3rd July Virtual CA Day Celebrations were organised. Padmashri Dr. M A Yusuff Ali, Chairman and MD, Lulu Group International graced the celebrations with his presence and our own premises and also inaugural address. Online Tambola game was conducted. distributed 200 saplings Members and their family members presented various in the neighbouringhood entertainment programmes. 355 members joined the programme of the branch, nearby government schools and colleges and at on this ocassion. nearby temple and church.

The branch in association with Muthoot Finance Group distributed 150 grocery kits to the needy and deserving families who are affected by the covid pandemic at Elankunnapuzha Panchayat. Hon’ble MLA Shri K.N. Unnikrishnan, inaugurated the CSR activity of distributing grocery kits.

“We Care” Alumni Programme- Honouring members who have attained 50 years in profession. As part of “We Care” Alumni Programme, on 10th July, 2021 the chairman and managing committee members visited the resi- dence of members who have completed 50 years in service in On 2nd July, the branch distributed mobile tablets to the poor and the CA profession and honoured them by presenting mementoes deserving students who are unable to attend online classes. 50 and bestowing shawl. CA. Kesavan Nair K (CA. K K Nair), CA. mobile tablets were distributed in association with Manappuram Jacob T Abraham, CA. P.V. Chacko, CA. Pankajakshan T and Foundation to the students of 5 schools viz. St. Jude karanakkodam, CA. K J Anto were honoured on the occasion. Govt. Higher Secondary School, Ernakulam, LMCC High School, Pachalam, Holy Infants BHS, Varapuzha, Karthedom Church School, Njarakkal. Shri P.T. Thomas MLA, Shri K Babu, MLA, Shri T J Vinod, MLA, Shri K.N. Unnikrishnan, MLA and Shri P AshwaKumar, DYSP Narcotics were the chief guests at 5 different schools.

Meetings/Seminars Virtual CPE Seminar on “How to face department Virtual CPE Seminar on “ Wealth creation through investigations – fake invoices – demand show Mutual Funds” was held on 13th July, 2021. cause notices, adjudication appeal procedures – CA. Sachin Aggrawal, New Delhi was the speaker. circumstances of invoking writ jurisdiction in High Courts” was held on 24th July, 2021. Adv J K Mittal, Virtual CPE Seminar on “Formation of multi New Delhi was the speaker. disciplinary CA firms – The way forward and salient features” was held on 15th July, 2021. CA. G. Sekar, Virtual CPE Seminar on “Standards on Auditing – Central Council Member of ICAI was the speaker. A practical study” was held on 26th July, 2021. CA. Govind P, Ernakulam was the speaker. On 17th July, 2021 Virtual CPE Seminar on “Excel utilities for audit and professional services” was CA. Rahul Jindal from New Delhi deliberated organized. CA. Vinodh Kothari, Chennai took the on the topic on “CARO 2020 – Applicability and session. Amendments” at the Virtual CPE Seminar held on Virtual CPE Seminar on “NBFC Audit and recent RBI 29th July, 2021. Circulars” was held on 19th July, 2021. CA. Govind Sekar, Ernakulam was the speaker. Virtual CPE Seminar on “Intricacies in ITC under GST Adv. V. Raghuraman, Bengaluru took the session on and way forward” was held on 31st July, 2021. the topic “Refund of GST under various situations” on Adv G Shivadass, Bengaluru was the speaker. 23rd July, 2021

Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 3 Ernakulam Branch of SIRC of ICAI e-NEWSLETTER

CSR Activities undertaken Ernakulam Branch of SIRC of ICAI arranged the Fourth & Fifth Ernakulam Branch of SIRC of ICAI arranged vaccination facility phase of vaccination facility at Aster Medicity Hospital for the at Adlux Apollo Hospital for the members of the branch and their members of the branch on 1st and 15th July 2021. Members of family. 3 Members and family took vaccine on 25th July, 2021. Ernakulam Branch and their family took part in this vaccination drive. 330 persons (members and family) took vaccine. Alltogether 1402 persons took the vaccination in the vaccination facility arranged by the branch from March 2021 to 15th July, 2021. Other Programmes Joint Programme with MSTU, Kochi : A session was conducted Public Awareness Programme on Financial Independence : jointly by MSTU Kochi and Ernakulam Branch on “Applicability & Ernakulam Branch of SIRC of ICAI jointly with Positive Ideas Impact of ICDS Taxable Income” on 9th of July 2021. Chairman of Corner Clubhouse organized a programme on the topic “Thoughts the branch CA. Renjith R. Warrier delivered the keynote address to change Financial freedom” on 24th July, 2021. CA. Renjith and CA P.T Joy, Past Chairman, Ernakulam Branch of SIRC of Warrier Chairman took the session at the virtual programme. Dr. ICAI delivered the technical session. The session was attended Soumya sarin, Mr Vinu George, Ms. Lakshmi Menon, Ms. Gopika by around 65 income tax officers from Kerala and karnataka. Nandu, Ms. Nisary Mahesh, Mr Sree Kiran shared their views at the programme. CA Career Awareness programme : CA. Renjith Warrier, Chairman addressed Nanma Foundation programme and also Income Tax Day Celebrations 2021 : Ernakulam Branch of SIRC of gave CA career awareness to students of 8 schools in Ernakulam ICAI joins the Income Tax Department, Kerala in the celebration of on 10.07.2021. 440 students participated. Shri P. Vijayan IPS 161st Income Tax Day. Our esteemed Past Chairman and Senior and Cine Actor Shri Jayasurya were the Chief Guests. Member CA. Venugopal C. Govind delivered the key note address at the virtual function held on 27th July, 2021. Representation submitted to Hon’ble Minister for Cooperation and Registrations, Shri. V. N. Vasavan : A representation in Financial and Tax Literacy Drive- Vitiya Gyan – ICAI Ka Abhiyaan: favour of alloting cooperative audits for CAs was submitted to CA. Renjith Warrier, Chairman, Ernakulam Branch of SIRC of ICAI Hon’ble Minister for Registrations and Cooperation Shri V. N. attended the National Webinar on financial and tax literacy drive Vasavan in the presence of Hon’ble Member of Parliament CA – Vitiya Gyan conducted by ICAI, New Delhi on 28th July, 2021, Thomas Chazhikadan on 11 th July, 2021. CA. Babu Abraham conducted to discuss the road map and connecting strategies Kallivayalil, Chairman, Professional Development Committee of with Employee Work Force, Army/ Police/ Doctors/Technocrats, ICAI, CA. Jomon K George, Past Chairman and Member, SIRC Housewives, Senior citizens, Teachers & Professors, Students, of ICAI and CA. Renjith Warrier, Chairman, Ernakulam Branch Farmers & Rural Households, MSMEs, Entrepreneurs, Start-ups of ICAI. and Businessmen so as to enable them financially literate and tax compliant.

Inauguration of Certificate Programme at St. Alberts’ College, Ernakulam : The branch in association with Department of Commerce of St. Albert’s College, Ernakulam inaugurated Certificate Programmes in Taxation and Computerised Accounting on 31st July, 2021.CA. Renjith Warrier, Chairman inaugurated the Certificate Courses at St. Albert’s College, Ernakulam.

CA. Babu Abraham Kallivayalil, Central Council Member, ICAI & CA. Jomon Virtual Career Counselling Programme: The branch organized K.George, Past Chairman & Member, SIRC of ICAI visiting Shri. K.N.Balagopal, a career counselling programme on 31st July, 2021 for the Hon’ble Finance Minister, Kerala along with CA. Renjith R.Warrier, Chairman, Commerce students of St. Albert’s College, Ernakulam. CA. Ernakulam ICAI, CA. Jose.K.V, Vice Chairman, Ernakulam ICAI, CA. Remesh Kumar S, Chairman, Thiruvananthapuram ICAI & CA. Balasubramanian N Renjith Warrier, Chairman took the counselling session. 75 students attended the programme. Students Activities Programme on “Be a Better Communicator” Motivation Class for Youth Ernakulam Branch of SICASA conducted a Special programme on Ernakulam Branch of SICASA jointly with YMCA Ernakulam conducted English “Be A Better Communicator” (Virtual) on 3rd, 10th, 17th , 24th a Motivational Class for Youth –“Follow Your Dream” on 16th July 2021. & 31st July 2021, . CA. CA. Nagarajan P. A led the Sessions. CA. Salim Hon’ble Mr. Justice J.B. Koshy (Retd), President, National Council of A, Chairman SICASA, Ernakulam Branch spoke at the Sessions. The YMCAs of India inaugurated the programme. Mr. Santhosh George, student’s speakers of the session were Shimy Shaji, Secretary, SICASA Regional Director, Y’s Men International Mid West India Region, CA. K. Ernakulam, Gowri J, Fameena K, Rajat Santhosh, Sneha Jose, Aaisha P. Paulson, President, YMCA, Ernakulam were the Guest of Honours. Sulaiman, Faslu Rahman, Phoebae Reena George, Harikrishnan Motivation talk were given by Mrs. Annie Shiva, Sub Inspector of Police, R(Former Vice Chairman, SICASA Ernakulam), Fathima A M, Sreehari Central Police Station, Ernakulam. Sunil, Fathima Zakir, Najlah Noushad, Joyal Thomas, Sruthi M, Sharmik Pradeep, Swathi Sarath, Anjana Madhavan, Neena George, Athira Biju, Virtual Half Day Seminar on Measures of Disperson for Foundation Priya Stephen and Agisham R. On 31st July 2021 and Installation of Students New Club Officers also held at the meetng . The Guests for the meeting Ernakulam Branch of SICASA of ICAI conducted Half Day Seminar on included CA Babu Abraham Kallivayalil (Central Council Member, ICAI), Measures of dispersion for Foundation Students on 11.07.2021. CA. CA Renjith R Warrier (Chairman, ICAI Ernakulam), CA Sreenivasan P R Akshay Kumar K was the speaker. (Past Chairman, ICAI Ernakulam), CA Salim Abdul Rasheed (Chairman, SICASA Ernakulam), CA Nagarajan P A (Club Mentor), CA Shawn Workshop on an insight on “My Articleship” Jeff Christopher (Past District Finance Manager, Toastmasters), Shimy Ernakulam branch of SICASA jointly with Palakkad, Kozhikode and Shaji (Secretary, SICASA Ernakulam). Entertainment programmes also Kottayam Branches of SIRC of ICAI conducted a Workshop on “An conducted. Entertainment sessions included Songs, Dances, Stand Up Insight on My Articleship, what is in it for me?” on 31.07.2021 Virtually. Comedy and Ottanthullal. 51 students participated the programme The session was taken by CA. B. Jayarajan. 76 students participated.

4 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI e-NEWSLETTER Ernakulam Branch of SIRC of ICAI

CA. Vijay Narayan Govind FCA hen the dark chains of Karkidakam are flung aside and the skies clear to the allure of Chingam, (the first month made his divine appearances on earth. Even though time is Wof the Malayalam Calendar) one starts getting a whiff of Onam undoubtedly a very relative concept, texts agree that Lord in the air (yes…even if there are the exceptional years like this Parasurama, sixth among the famous ten incarnations, Kolla Varsham 1196 when Atham rang in Onam during Karkidam descended in his role as the angry destroyer of evil rule only itself).There are ever so many wonderful traditions linked with after Vamana. And while Mahabali is at best a seasonal affair, the season and despite some divisive efforts, thankfully remains who can challenge that it was indeed Parasurama’s great axe something everyone in Malayalakara proudly shares as their flung into the seas that brought up the land mass called Kerala – own. Although, thinking more about it (as we Malayali’s are of well after Vamana’s (and Mahabali’s) time. Hence the argument course disposed to about everything), we must not miss one that Onam is really this great day too holds ground, and there are tradition which has also persisted despite time – the analysis of many places where this is Onam. what exactly Onam signifies? “All religious connotations are farcical… for Onam is a true harvest Thankfully there are no clear answers: meaning the Q &A shall festival “- a more recent line from the dialectically-material (also go on. read – Leninist-Marxist) thinkers, which represents the common man’s celebration of his (or her) hard labours. A form of liberation “Ugh…how can anyone be so cheap?” - it is of course with too. While this could be good cause for the festival too, the fact contemptuous disdain that we shall dismiss the most obvious remains that the crop-harvest (essentially the reference in Kerala answer: that Onam is about the annual bonus and lot of is to paddy of course) is practically spread across three seasons buying (including of course the bottles to which this state owes here - Virippu (the autumn first crop season which starts in April/ everything). May and extends up to September/October) Mundakan (the winter second crop season, which starts in September/October “Come on… even little children know that it’s about Maveli…his and extends up to December/January) and Puncha (the summer annual homecoming to see his folks and all” - sure, it is, and one season crop season, which starts in December/January and could well be publicly chastised to even try and think differently. extends up to March/April) with certain distinctions across various Yet, might not one at least casually wonder how Maveli (hopefully agroclimatic situations. So why should one harvest season alone folks know that this is the same old Asura Emperor Mahabali who be Onam? was rudely pushed down to pathalam in the third mega-step by Lord Vamana, the fifth incarnation of Lord Vishnu), has come to “Onam is… be known as a former ruler of this tiny land mass down south of the Indian continent. Does it not seem rather obscure that the Kindly stop the endless diatribe – the publisher has already been great Emperor actually chose little Kerala to rule all the mythical signaling many times – for the word count is well-past So, for worlds from? Sadly, (for we do certainly cannot imagine a Kerala now, shall we just leave Onam to the Onnakodi, Pookkalam, without Mahabali) there is very little scriptural evidence of such Thirvathira, Kummatti, Pulikali, Thumbithullal, Vallamkali, an occurrence and experts feel that it was probably the influence Onathallu, Uriyady and of course – a couple of huge Onasadyas, of early Deccan settlers (many communities of whom were so that come Avittom day, even with a few uncomfortable burps, known to be devotees of Mahabali himself) who fled to Kerala we can let Maveli return happily to wherever he came from, and during Northern invasions that brought this connection. Certain hope that he’ll be back next year too…to shower yet another safe 11th century inscriptions in the famous (and very rare) temple and peaceful Onam on all of us. dedicated to Lord Vamana at Trikkakara proclaiming the three days leading to Thiruvonam as most auspicious to the temple, may have fortified the relationship. Even though the practice of CA Vijay Narayan Govind, son of CA Venugopal C Govind and Rema actually offering a seat of worship to Mahabali is likely to have Venugopal is a Senior Partner of the leading CA Firm Varma & Varma. happened much later, over time, the lines have become so He is married to Gayathri, who is in the teaching profession. They blurred that the traditional “Onathappan” (clay or mud shapes have two sons- Pranav who has done his LLM in Corporate Law and worshiped during Onam) represent both Vamana and Mahabali Finance is working in a leading Corporate Law Firm in Bangalore and equally now. Though the question does remain – which food and Madhav who is doing his LLB at National Law School, drink loving artist decided to quietly add the typically Malayali Kolkata. He has authored two novels titled Maze of overhanging beer-belly to this great warrior. deceit (2018) and Follow the Wall (2021) which have been generally well received. Affable, caring and “It was Lord Parasurama… Onam is the day he flung his axe” – socially committed, Vijay is a regular contributor to probably, the argument which makes the Mahabali association many Journals. His classes at the CA forums are even more murky is the scriptural order in which Lord Vishnu much looked forward to by many.

Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 5 Ernakulam Branch of SIRC of ICAI e-NEWSLETTER

This month we have CA Abraham K George who at the pinnacle of his career in the industry, said goodbye to it and decided to help his father in CA. Abraham K.George agriculture- la The Monk Who Sold His Ferrari.

exited the corporate world, at the peak of my career, The transition from a corporate honcho to a full-time farmer I while I was still the President & CEO of a Bangalore- has been an exciting and eventful journey! No regrets at based Software services Company. I was just 49 at that all. Working in the outdoors, fresh air in plenty, Vitamin D time, having served a quarter of a century in Industry. There levels hovering around 25,000, and last but not the least, were two reasons for doing so. Firstly, the extraordinary is the joy and satisfaction of seeing new produces rolling stress levels I was subjected to was taking a toll on my out from the farm. Building up the farm infrastructure, health, and, secondly, a call from my aging father to return ensuring a better standard of living for my co-workers at to Kerala and manage the family’s agricultural properties. the farm, knowledge sharing, better documentation, are Else, he would sell off. ‘Wisdom’ is the accumulation of some of the successful initiatives undertaken. A farmer will years of experience, is what they say. However, it was always be at the receiving end, and he will never receive a ‘no-brainer’ to heed his call and return to my roots, in the deserved compensation for his efforts, hard work and Kerala. After couple of years of apprenticeship, the baton sacrifices. To move up the value chain and get into direct was handed over, and I could feel a surge of excitement at marketing of farm produce, branding and achieve market the thought of independent control. share. That is the next challenge.

Conversations with relatives, acquaintances and even Anything is achievable in life. The prerequisites are a strangers triggered ideas of going beyond the traditional great attitude and a passion for excellence! A structured, stuff we were engaged in, and, venturing into new areas systematic, well thought-out approach – very similar to in farming. The professional background and Industry preparing for the CA exams – will stand you in good experience certainly helped in taking ‘considered stead, whatever you attempt. Life’s lessons: (1) Don’t wait decisions’. While I could notice many around me just for things to happen, make things happen. (2) Take risks sitting back and waiting for things to happen (improvement in life if you want growth. Status quo is not the place to in prices of Farm products, etc), I could also see few be. (3) Innovate, try new things. (Trying out a new wife is visionaries moving forward into new areas of farming (fruits excluded ). (4) Lead from the front, have compassion for and vegetables), employing improved farming techniques, your co-workers, be a team player. and so on. I, too, decided that innovation would be the only way to succeed and measured, calculated risks would have to be taken. Thank you,

Over the past decade, I am happy with the decisions we be safe and God bless! took, the progress we have made, and, the results of our labour and efforts. Extensive use of spreadsheets, Abraham K George jargon such as COP, Monthly and Annual accounts, yield per tree, yield per acre, measuring productivity of farm CA Abraham K George graduated from Loyola College, Chennai, workers, etc is commonplace now in our traditional farming in 1980 and did his articleship at Varma & Varma, Ernakulam. He passed out in 1986 and joined the industry. He is happily establishment. Even the Supervisors are becoming aware! married to Chartered Accountant Rajni and they have two sons. Elder son George, an MBA from ISB, Hyderabad is happily married to Mahak Makhijani, both of whom are working in Dubai. Younger Son Abraham is a Chartered Accountant with PwC, TRS Practice, at Bangalore. A jolly good fellow, Abe loves travelling and is a Sports enthusiast. He is an avid Golfer and a connoisseur of Malts.

6 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI e-NEWSLETTER Ernakulam Branch of SIRC of ICAI

Dr. R.Vijayan, MS, DNB, FRCS(E), FRCS(G), Dip Urol (Lon) Sr. Consultant Urologist Specialists’ Hospital, Kochi

he prostate is a gland, about the size of a lime, found only screening is started from 40 years of age. Prostate cancer is a in males and contributes to the production of semen. It is very slow growing disease and hence the benefit of screening Tsituated at the lower end of the bladder. The bladder outlet is as yet not conclusive. The issue is that some prostate continues as the urethra - the water passage, which passes cancers would not affect a person and screening might pick through the prostate. up these cancers resulting in unnecessary treatment.

The two common diseases affecting the prostate are Effective treatment is available. enlargement without cancerous change and cancer. Curative treatment for prostate cancer can be by surgery or Enlargement of the prostate is very common after the age of radiotherapy each method having its own advantages and 50. Prostate cancer though much rarer is one among the top disadvantages. When detected early, the prostate can be ten leading cancers in India. However, when detected early, removed completely surgically. The surgery may be open, it can be treated effectively. Thus, the five-year survival of laparoscopic or robot assisted laparoscopic. All three methods prostate cancer after diagnosis increases from 64% to 91% have their own advantages and disadvantages. However as when treated early. far as the effectiveness is concerned, all three techniques are equal. Laparoscopy causes less morbidity and faster Risk Factors recovery, and Robotic assistance makes the laparoscopic Prostate cancer incidence increases with age. According to surgery faster. Western statistics, from an incidence of only 1 in 350 men under the age of 50 years, the rate of Prostate cancer Radiotherapy is an alternative to surgery with almost equal increases up to 1 in every 52 men for ages 50 to 59 years. It efficacy. The advantage of radiotherapy is that curative is 60% in men over the age of 65. However, the good news is treatment can be offered to a person who, due to advanced that the incidence in India is about ten times less. age or co morbidities is unfit for surgery. However, if a person requires surgery after radiotherapy, it becomes extremely Other than age the only other definitive risk factor is genetic. difficult. On the other hand, radiotherapy after surgery is easy. If your father or brother had prostate cancer, your risk nearly doubles. Ongoing research has identified genetic mutations The growth of prostate cancer is very often dependent on that cause prostate cancer. male hormone Testosterone. Therefore, in situations where surgery or radiotherapy is not applicable, hormone treatment Other factors such as diet, smoking, obesity etc have not to neutralise Testosterone, effectively controls the progress of been proven to be definitive risk factors. the disease.

Diagnosis Prostate Cancer is a very slow growing The symptoms of both cancerous and non-cancerous Unlike most other cancers prostate cancer is very slow disease of the prostate gland are the same. These include growing with a cell doubling time (time for one cell to double obstruction in passing urine, pain, bleeding or frequency of into two) of about 2 years in majority of people. Hence when micturition. Therefore, for proper diagnosis one has to consult detected early, one can take a very unhurried decision on the a doctor. Besides discussing your symptoms, the doctor very effective treatment alternatives available. may do an internal examination through the anus using a lubricated gloved finger and blood tests to help him diagnose Dr. Vijayan after his schooling at Loyola School prostatic disease. Special scans like Ultrasound scan of the Trivandrum took his MBBS and Postgraduation abdomen, MRI scan, PET scan etc may be required. The final in Surgery from Trivandrum Medical College diagnosis if the tests are abnormal, is confirmed by taking and travelled to UK for higher training in Urology multiple mapping biopsies from the gland to get samples from and Renal Transplantation. From UK he took his all areas of the gland. FRCS and Diploma in Urology and returned to India in 1994. He was the first to perform laparoscopic Urological surgeries Screening in Kerala. He also conducted the first laparoscopic Urology The key to effective treatment lies in early diagnosis by workshop to spread the awareness of laparoscopy among other screening and before the onset of symptoms. PSA - Urologists in Kerala. He later trained in advanced laparoscopic Prostate Specific Antigen - is a simple blood test which when techniques in Taiwan. He is currently the head of the department combined with medical examination enables early diagnosis of Urology at Specialists’ Hospital, Kochi, Kerala. A clinically of the disease. Screening is done from 50 years of age once perfect golfer and a wildlife photography enthusiast is always a a year. However, if your father or brother had prostate cancer, phone call away for any help.

Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 7 Ernakulam Branch of SIRC of ICAI e-NEWSLETTER Reported Direct Tax Judicial Decisions CA. P.M. Veeramani FCA

Statute: Income Tax Act Assessee accounting input services exclusive of service Sec.9(1)(vi), 195 – Sale of shrink wrapped software tax and treated service tax component as input tax Decision in favour of : Assessee pending adjustment. When application for refund was rejected, assesse wrote off the input tax credit to profit and Title : Engineering Analysis Centre of Excellence loss account. When the input service tax credit is carried Private Ltd vs CIT forward from earlier financial year and debited to profit and Citation: 199 DTR SC 361 loss account, it partakes the nature of taxes paid for the : current financial year and hence deductible as and when the assesse has debited to the P & L account . Amount paid by resident Indian end-users/distributors to non-resident computer software manufacturer/supplier as Statute: Income Tax Act consideration for the resale/use of the computer software Sec.40b, 44AD – Interest, remuneration not business is not payment of royalty for the use of copyright in the income computer software and the same does not give rise to any Decision in favour of : Revenue income taxable in India as a result of which the persons referred to sec.195 were not liable to deduct TDS Title : Anand Kumar vs ACIT Citation: 199 DTR 289 Statute: Income Tax Act Bench: Madras HC Sec.11 – Income from business used for medical relief Decision in favour of : Assessee Tribunal was right in holding that interest and salary received by the assesse from firm in which he was a Title : Bharathakshemam vs Principal CIT partner, which is assessed under section 44AD, cannot Citation: 198 DTR 113 be construed as business income under section 28(v) and Bench: Kerala HC therefore not eligible for applying presumptive rate of tax

Income from business utilized for achieving the objects Statute: Income Tax Act of the trust of providing medical relief, then business is Sec.144C,153 – Time limit applicable for DRP also incidental to attainment of the objects; assesse entitled to Decision in favour of : Assessee exemption in respect of income from business fully utilized for the purpose of medical relief Title : ROCA Bathroom Products Private Ltd vs DRP Citation: 432 ITR 192 Statute: Income Tax Act Bench: Madras HC Sec.12AA, 80G(5)(vi) Decision in favour of : Assessee Notice issued by the Dispute Resolution Panel after a period of four year from the date of order of the tribunal Title : Ess Kay Foundation vs CIT would be barred by limitation by application of provisions Citation: 199 DTR Trib 225 of section 153(2A) of the Act Bench: ITAT Jaipur Statute: Income Tax Act Assessee having made the application in February and Sec.147 – E filing portal not permitting filing of return the CIT(E) having granted registration under section 12AA Decision in favour of : Assessee in September , the provisions of section 11 and 12 shall apply from 1st April of the financial year following the year Title : Oasys Green Tech Private Ltd vs ITO of making the application and not from 1st April of the next Citation: 199 DTR Mad 521 financial year of passing of the order granting registration Bench: Madras HC by CIT There is no provision for filing of the income tax return Statute: Income Tax Act electronically under the e portal system maintained Sec.37(1) – Input tax credit written off by the respondents in respect of a company which has Decision in favour of : Assessee been merged with another company pursuant to an amalgamation order passed by the court; there fore Title : FIH India (P) Ltd vs DCIT principles of natural justice have been violated by the Citation: 198 DTR Trib 250 respondents while passing the impugned assessment Bench: ITAT Chennai

8 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI e-NEWSLETTER Ernakulam Branch of SIRC of ICAI

order, as no opportunity was given to the assesse to file Citation: 431 ITR 654 return, seek reasons for reopening ; assessment order is Bench: Telegana HC quashed and matter is remanded for fresh consideration Once an absolute stay of recovery of demand of tax is Statute: Income Tax Act granted to the assesse, it is improper and inappropriate Sec.151 – CIT not to give reasons for the revenue to recover the money through adjustment Decision in favour of : Revenue of refunds. A stay order passed by an appellate or higher authority must be respected and deviancy or breach Title : Sanjay Agarwal vs PCIT should be made CA. P.M. Veeramani FCA Citation: 199 DTR 533 Bench: Chattisgarh HC Statute: Income Tax Act Covid – period of limitation Plain reading of section 151 would clearly reflect that Decision in favour of : Directions provision does not envisage the PCIT to separately give reasons while approving the reasons recorded by the Title : Cognisance for extension of limitation , In Re AO for re-opening of the assessment. He has only to be Citation: 432 ITR 206 SC satisfied with the reasons recorded by AO , which has Bench: Supreme Court of India been forwarded to him for sanction and approval In cases where the limitation would have expired during Statute: Income Tax Act the period 15.3.2020 to 14.3.2021 , notwithstanding the Sec.245 – Adjustment of refund actual balance period of limitation remaining, all persons Decision in favour of : Assessee shall have a limitation period of 90 days from 15.3.2021 . In Title : TSI Business Parks Hyderabad Private Ltd vs the event the actual balance period of limitation remaining ADIT(CPC) , with effect from March 15 , 2021 is greater than 90 days, that longer period shall apply.

PROPOSED PROGRAMMES AUGUST & SEPTEMBER 2021 Date Event CPE 4th August - 7th August 2021 Virtual Refresher Course on Corporate Laws 12 Hours 9th August - 14th August 2021 Faculty Development workshop on Goods and Service Tax for the faculty member of NA Commerce and Research scholars 11th August -19th August 2021 Navaratna Conference -Season 2. All Kerala Virtual CPE Conference 20 Hours

Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 9 RECENT ADVANCEErnakulam RULINGS Branch UNDER of SIRC of ICAI e-NEWSLETTER GOODS AND SERVICES TAX Indirect Tax JUDICIAL DECISIONS ON INDIRECT TAXES

CA.P.J.Johney FCA A. RECENT ADVANCE RULINGS UNDER GST

Statute: Goods and Services Tax By Way of “Education as A Part of Curriculum in Line With Conditions Specified By RBI Decision in favour of: Department for Obtaining A Qualification Recognized Amount to Supply Under Section 7(1)(C)— Title: Acharya Shree Mahashraman Chaturmas By Any Law for Time Being in Force’ -Not Inter-State Supply of Services-Applicant Pravas Vyavastha Samiti Trust, In re Eligible for Exemption Under Entry No. Required to Be Registered Under CGST Harish Dharnia and Dr. Ravi Prasad M.P. 66(A) of notification No. 12/2017-CT (Rate) Act, 2017-Liable to Pay GST If Place of (Members) Dated June 28, 2017, as Amended-Charges Supply of Services Is India- Central Goods Citation: [2021] 85 GSTR 341 (AAR) Collected for Providing Accommodation and Services Tax Act (12 of 2017), ss. 7(1) Bench/Court: [Before the Authority for Advance to Students Undergoing Above Courses- (C),24-Integrated Goods and Services Tax Ruling], (Goods and Services Tax, Karnataka) Not Eligible for Exemption Under Entry No. Act (13 of 2017), S. 7(5). 14 of Notification No. 12/2017-Ct (Rate) Goods and Services Tax-Religious Charitable Dated June 28, 2017-Charges Collected By Statute: Goods and Services Tax Trust Carrying Out Religious and Charitable Applicant for Catering Service By Supplying Decision in favour of: Department Activities-Liable to Pay Tax on Renting Food to Students Undergoing Above Title: NURSERYMEN CO-OPERATIVE of Temporary Residential Rooms for Courses Not Eligible for Exemption Under SOCIETY LTD., in re Consideration to Devotees and Renting of Entry No. 66(A) of Notification No. 12/2017- D. P. Nagendra Kumar and M. S. Srikar Space for Shops and Stalls-Liable to Pay Tax CT (Rate) Dated June 28, 2017-Andhra (Members) on Renting of Temporary Residential Rooms Pradesh Goods and Services Tax Act (16 of Citation: [2021] 85 GSTR 367 (AAAR) of all Categories If Declared Tariff of A Unit of 2017). Bench/Court: [Before The Appellate Authority Accommodation Is Rs. 1000 or More Per Day For Advance Ruling] (Goods and Services Tax, or Equivalent-Liable to Pay Tax on Supply of Statute: Goods and Services Tax Karnataka) Food and Beverages At Subsidized Rates Decision in favour of: Department to Devotees -Liable to Pay Tax on Providing Title: Fraunhofer-Gessellschaft Goods and Services Tax-Supply of Services Space for Registered Person Without Zur Forderung Der Angewwandten -Exemption - Maintaining Gardens and Consideration (The Consideration for Supply Forschung E.v, in re Landscape Development for State and of Food and Beverages Is Directly Received Dr. Ravi Prasad M. P. and Mashhood Ur Central Governments, Local Bodies and From Devotees By Applicant) If Applicant Rehman Farooqui (Members) Government Undertakings -Supply of and Such Registered Person Covered Under Services By Sub-Contractors to Appellant Definition of “Related Persons” as Defined in Citation: [2021] 85 GSTR 122 (AAR) Not Eligible for Benefit of Exemption Under Explanation to Section 15 of CGST Act-Liable Bench/Court: [Before the Authority for Advance Either Sl. No. 3 or 3A of Notification No. to Tax for Acting as Intermediary for Booking Ruling], (Goods and Services Tax, Karnataka) 12/2017-Ct (R) Dated. June 28, 2017 as of Hotel Rooms to Pilgrims From Outside, If Appellant-Recipient of Supply From Sub- Not A Pure Agent (i.e., The Services Must Be Goods and Services Tax-Supply of Service- Contractor is Co-Operative Society and Procured From Suppliers of Accommodation Applicant-Liaison Office Established in India, not an Entity Specified in Sl. Nos. 3 and Service in Addition to Service He Supplies for Business of Promoting Applied Research 3A-Central Goods and Services Tax Act (12 on His Own Account- Karnataka Goods and With Head Office Incorporated in Germany- of 2017). Construction of Taxing Statutes - Services Tax Act ( 27 of 2017) Income Tax Act Liaison Activities Undertaken By Applicant Exemption- Exemption Notification to be (43 of 1961) S. 12AA Interpreted Strictly. Statute: Goods and Services Tax Decision in favour of: Department B.JUDICIAL DECISIONS on INDIRECT TAXES Title: MASTER MINDS, in re Statute: CENTRAL SALES TAX State Sale Does Not Become Local Sale- D. Ramesh and M. Sreekanth (Members) Decision in favour of: ASSESSEE Central Sales Tax Act (74 of 1956), S. 3(A), Title: National Engineering Industries V. (B). Citation: [2021] 85 GSTR 218 (AAR) State Of Tamil Nadu Bench/Court: [Before the Authority onr Advance Dr. Vineet Kothari and Krishnan Ramasamy JJ. Statute: VALUE ADDED TAX Ruling] (Goods and Services Tax, ANDHRA Decision in favour of: ASSESSEE PRADESH) Citation: [2021] 85 GSTR 152 (Mad) Title: B. K. Traders V. State Of Gujarat Bench/Court: [IN THE MADRAS HIGH Ms. Sonia Gokani and N.V. Anjaria JJ. COURT] Citation: [2021] 85 GSTR 157 (Guj) Goods and Services Tax-Supply of Service Bench/Court: [IN THE GUJARAT HIGH of Education-Educational Institution- Central Sales Tax-Inter-State Sale or Local COURT] Definition - Exemption- Educational Institution Sale-Purchase order Placed By Party in Providing Coaching to Students for Chartered Pondicherry on Seller in Chennai-Seller in Value Added Tax-Writs Under Constitution Accountancy Certificate (CA), Cost and Terms of Purchase order Placing Purchase -Existence of Alternative Remedy - Works Accountancy Certificate (ICWA) order on Dealer in Chennai to Supply Goods Reassessment - Natural Justice- Notice Not and Intermediate Certificate-on Facts Not in Question Directly to Buyer in Pondicherry- - Stating Reasons for Reassessment-Dealer “Educational Institution” as Defined Under Transaction Was Inter-State Sale-Merely Filing Reply Seeking Details and Documents GST Act in Notification No. 12/2017-Central Because Seller and Dealer Situate in Same on Basis of Which Case Selected for Re- Tax (Rate), Dated June 28, 2017-Not A Service 10 August 2021 | e-Newsletter Ernakulam Branch of SIRC of ICAI e-NEWSLETTER Ernakulam Branch of SIRC of ICAI

Assessment-order of Reassessment Passed of Ticket Which Entitles Person to Gain Bench/Court:[Before the Customs, Excise Ignoring Request and Raising Demand Entry Into Cinema Hall or Theatre-Tamil and Service Tax Appellate Tribunal - Mumbai] on Ground Registration of Vendor From Nadu Entertainments Tax Act (10 of 1939), Which Dealer Made Purchases Cancelled ss. 3(4), (7), 4. Service Tax-Banking and Other Financial With Retrospective Effect-Failure to Supply Services- Taxable Value-Collection Fee- Basic Documents and Failure to Consider Statute: Goods and Services Tax Special Purpose Vehicle-Period Between Case of Dealer Independently, on Its Own. DECISION IN FAVOUR of: Department October, 2007 and March, 2012-Receipts Merits-Failure of Natural Justice-Ground for TITLE: Valimohammed Jusab And Co. V. Generated From Securitization Agreements Grant of Writ-order Set Aside and Matter State of Gujarat Entered Into By Appellant-Bank Prior to Remanded for Adjudication De Novo-Gujarat J. B. Pardiwala and Bhargav D. Karia JJ. February, 2006 That Continued to Subsist Value Added Tax Act, 2003 (1 of 2005), S. Citation: [2021] 85 GSTR 211 (Guj) During Period of Dispute-Not Taxable- 35-Constitution of India, Art. 226. Bench/Court: [IN THE GUJARAT HIGH Finance Act (32 of 1994), s. 65(12), (105) COURT] (zm)—Service Tax (Determination of Statute: VALUE ADDED TAX Valuation) Rules, 2006, r. 3. Decision in favour of: ASSESSEE Goods and Services Tax-Confiscation- Title: VIVAA Tradecom Pvt. Ltd. and Assessee’s Case That Old and Used Machine Service Tax- Best Judgment Assessment another V. State of Gujarat and another Was Being Transported Back to Customer’s Explained-Finance Act(32 of 1994), s. 72. Vikram Nath C. J. and J. B. Pardiwala J. Premises From Premises of Dealer After Citation: [2021] 85 GSTR 169 (Guj) Repairs and Not A Taxable Supply-Writ- Statute: SERVICE TAX Bench/Court: [In The Gujarat High Court] Court By Interim order, Directing Release Decision in favour of: ASSESSEE of Truck With Goods Subject to Assessee Title: Fork Media Private Limited Value Added Tax-Assessment-Natural Depositing Rs. 10,000-Assessee Obtaining V.union Of India And Others Justice-order Passed on Next Day After Release- Proceedings At Stage of Show Ujjal Bhuyan and Abhay Ahuja JJ. Service of Notice on Dealer-Demand Cause Notice to Go Ahead in Accordance Citation: [2021] 85 GSTR 385 (Bom) Raised Denying Input Tax Credit on Ground With Law-Assessee to Make Good Its Case Bench/Court: [IN THE BOMBAY HIGH Registration of Selling Dealer Cancelled That Show Cause Notice Deserved to Be COURT] With Retrospective Effect-order Liable to Discharged-Central Goods and Services Tax Be Quashed and Matter Remanded for Act (12 of 2017), ss. 2(108), 122(xiv), 130. Service Tax-Sabka Vishwas (Legacy Dispute Fresh Hearing-Claim to Input Tax Credit to Resolution) Scheme, 2019-Estimate By Be Considered Afresh After Giving Dealer Statute: VALUE ADDED TAX Designated Committee of Amount Payable Due Opportunity of Hearing and Providing Decision in favour of: Department By Assessee Exceeding Amount Declared It Copies of Assessment orders and order Title: Bagadia Brothers V. Additional By Assessee- Discretion with Designated of Cancellation of Registration of Vendor- Commissioner Of Commercial Taxes, Committee to Grant One Adjournment of Gujarat Value Added Tax Act, 2003 (1 of Gandhinagar, Bengaluru Personal Hearing- Hearing Not Taking 2005), S. 34(2). Aravind Kumar and E. S. Indiresh JJ. Place on Adjourned Date for Reasons Citation: [2021] 85 GSTR 247 (Karn) Beyond Control of Designated Committee Statute: VALUE ADDED TAX Bench/Court: [IN THE Karnataka HIGH or Assessee or for any Act of God-Fresh Decision in favour of: ASSESSEE COURT] Date of Personal Hearing Should Be Title: Mata Transport Private Limited Granted- Assessee Unable to Appear on V. State Of and Others Reassessment - Jurisdiction - Prescribed Adjourned Date Owing to Complete National Akil Kureshi C. J. and Arindam Lodh J. Authority -order Passed By Commissioner Lockdown Due to Covid-19 Pandemic-order Citation: [2021] 85 GSTR 180 (Tripura) Specifically Stating That Reassessment Passed Without Grant of Further Hearing- Bench/Court: [IN THE TRIPURA HIGH Proceedings to Be Taken By Authorities Not Sustainable- order Quashed- Matter COURT] Indicated Therein, and Annexure Containing Remanded- Finance (No. 2) Act (23 of Names of Dealers Against Whom Permission 2019), Ss. 124, 127-Sabka Vishwas (Legacy Value Added Tax-Certificate of Registration- Accorded to Carry Out Reassessment - Dispute Resolution) Scheme Rules, 2019, Amendment of Registration-Transporter- Reassessment Competent -Karnataka R. 6. Security Deposit-Amendment of Value Added Tax Act, 2003 (32 of 2004), ss. Registration to Include New Premises in 2(24), 39(1). Service Tax-Sabka Vishwas (Legacy List of Places Used as Godown and Treated Dispute Resolution) Scheme, 2019-Estimate as Delivery Point-No Material to Indicate Revision-Input Tax Credit-Principle That By Designated Committee Denying Benefit Godown Intended to Be Used as Branch Once Purchasing Dealer Satisfactorily of CENVAT Credit Based on Reports of Office- Demand for Security Deposit Not Demonstrates That He Has Paid Tax to Revenue Intelligence-Reports Not Furnished Sustainable- Tripura Value Added Tax Act, Selling Dealer, He Was Entitled to Claim Input to Assessee-Failure of Natural Justice-order 2004 (1 of 2005), S. 22(3)—Tripura Value Tax Credit-Not Applicable Where There Was Vitiated. Added Tax Rules, 2005, rr. 12(4),17. Allegation of Fraud-Selling Dealer Found to Be Mere Bill Trader and Having Issued Fake Statute: SERVICE TAX Statute: ENTERTAINMENT TAX Bills to Facilitate Claim to Input Tax Credit Decision in favour of: ASSESSEE Decision in favour of: ASSESSEE By Other Dealers-Additional Commissioner Title: Assam Cricket Association Title: PVR ltd. (formerly known as SPI Holding Claim to Input Tax Credit Made By V. Union of India And Others Cinemas pvt. ltd.) v. Commercial Tax Dealer Not Sustainable-Justified in Revising Achintya Malla Bujor Barua J. Officer, Royapettah Assessment Circle, order of First Appellate Authority Allowing Citation: [2021] 85 GSTR 426 (Gauhati) Chennai Input Tax Credit and Restoring order of Bench/Court: [In The ] Dr. Vineet Kothari and M. S. Ramesh JJ. Assessment - Karnataka Value Added Tax Citation: [2021] 85 GSTR 187 (Mad) Act, 2003 (32 of 2004), ss. 64(1), 70. Service Tax-Sabka Vishwas (Legacy Dispute Bench/Court: [IN THE MADRAS HIGH Resolution) Scheme, 2019-Declaration COURT] Statute: VALUE ADDED TAX Under Scheme-Assessee in Declaration Decision in favour of: ASSESSEE Declaring Penalty Levied At “Zero” -Not Entertainment Tax-Charge of Tax-Online Title: ICICI Bank Ltd. V. Commissioner A Mistake With A View to Claiming Undue Booking Charges-Separate Payment for Of Central Excise, Thane-II, Mumbai Benefit-Assessee Allowed to File Fresh Separate Facility-Not Uniformly Charged C. J. Mathew (Technical Member) and Declaration - Finance (No. 2) Act (23 of From all Customers for Having Entry Into Ajay Sharma (Judicial Member) 2019). Cinema Hall-Nor Payment for Admission- Citation: [2021] 85 GSTR 313 (CESTAT- Not Liable to Tax-Tax Leviable Only on Cost Mum) 11 Ernakulam Branch of SIRC of ICAI e-Newsletter | August 2021 Ernakulam Branch of SIRC of ICAI e-NEWSLETTER

Statute: Goods and Services Tax Bench/Court [In The Kerala High Court] Levied and Appeal Dismissed-Tribunal on Decision in favour of: ASSESSEE Revision Petitions Setting Aside Penalty Title: Cosmo Films Limited Goods and Services Tax-Detention, Seizure Under Section 4((2) But Sustaining Penalty V. Union of India And Others and Release of Goods and Conveyance Under Section 70(5)(B)—Writ Petition- J. B. Pardiwala and Bhargav D. Karia JJ. in Transit- Detention of Goods Belonging Show Cause Notice Issued to Petitioner Citation: [2021] 85 GSTR 79 (Guj) to Petitioner-Consignor on Ground That Not Containing Gist of Accusations- Entire Bench/Court: [In The Gujarat High Court] Number of Vehicle Owned By Other Proceedings Under Section 70(5)(B) Void Petitioner Shown in E-Way Bill Not Ab Initio-Tribunal Based Its Findings Upon Goods and Services Tax- Exporters Holding Matching With Actual Vehicle Number- Incorrect Provisions of Law-Gone Beyond Advance Authorisation Licences Issued Notice Demanding Security Mentioning Penalty order By Observing original By Department of Foreign Trade- Effect of Two Different Amounts One Under Section Documents Not Produced-Failed to Consider Notification No. 54/2018- Amendment With 129(1)(A) in Respect of A Scenario Involving Facts as Well as Relevant Provisions of Law Retrospective Effect From October 23, 2017 Owner and Another Under Section 129(1) and Proceeded to Pass Totally Erroneous Clarifying That Option of Claiming Refund (B) in Respect of Scenario Involving Person order-Authorities Below as Well as Tribunal Not Restricted to Exporters Who Avail of Other Than Owner-Consignor Prepared to Failed to Consider Return Filed By Petitioner Basic Customs Duty Exemption and Pay Offer Bank Guarantee to Value of Higher to Find Out If At all There Was Any Evasion Integrated Goods and Services Tax on Raw Amount and Owner of Vehicle Willing That of Tax-order of Penalty, Appellate order as Materials- Exporters Claiming Refund Under His Seized Vehicle Might Be Released to Well as order of Tribunal So Far They Relate Second Option Can Change-Anomaly Consignor-Direction to Release Vehicle and to Imposition of Penalty Under Section 70(5) Addressed-Grievance of Exporters That Goods to Consignor on Furnishing of Bank (B) Set Aside-Jharkhand Value Added Tax Till October 23, 2017, They Were Eligible Guarantee for Higher Amount By Consignor- Act, 2005 (5 of 2006), ss. 40(2), 70(5)(B). to Opt for Rebate of Integrated Goods Kerala State Goods and Services Tax Act and Services Tax Paid on Exports Without (20 of 2017), S.129. Statute: SERVICE TAX Restriction, But With Effect From October Decision in favour of: ASSESSEE 23, 2017 They Were Not Able to Avail of Statute: VALUE ADDED TAX Export Benefits, Addressed-Notification Title: Kiran Gems Private Limited Decision in favour of: ASSESSEE No. 54/2018 Applicable With Effect From V. Union of India And Others Ujjal Bhuyan and Milind N. Jadhav JJ. October 23, 2017 and Not From Inception of Title: Bihar Sponge Iron Ltd. Citation: [2021] 87 GSTR 250 (Bom) Rule 96(10)—Central Goops and Services v. State of Jharkhand And Others H. C. MISHRA and DEEPAK ROSHAN JJ. Bench/Court [In The Bombay High Court] Tax Act (12 of 2017) S.54 Integrated Goods Citation: [2021] 87 GSTR 284 (Jharkhand) and Services Tax Act (13 of 2017) S. Bench/Court [IN THE JHARKHAND HIGH Service Tax- Audit- Notice Proposing Special 16-Central Goods and Services Tax Rules, COURT] Audit By Central Excise Revenue Audit Team- 2017, r. 96(10)—Notification No. 54/2018 Notice Not Contemplated Under Service Tax Dated 9th October 2018. Value Added Tax-Penalty-Evasion of Tax- Rules or Under Goods and Services Tax Show-Cause Notice- Tribunal-Goods Law- Notice Without Jurisdiction- Finance Statute: Goods and Services Tax Seized Under Section 70(5)(A) Pursuant to Act (32 of 1994), S. 72a-Central Goods and Decision in favour of: Asseessee Inspection on Ground Entries Not Made in Services Tax Act (12 of 2017)—Comptroller Title: Exide Industries Limited Books of Account of Goods Purchased in Year and Auditor General’s (Duties, Powers and V. Assistant State Tax Officer, State GST 2010-11 By Petitioner-Manufacturer-Show- Conditions of Service) Act (56 of 1971), Ss. Department, Mananthavady Cause Notice Issued for Levy of Penalty Citation: [2021] 85 GSTR 256 (Ker) 2(A), 10, 16, 20-Service Tax Rules, 1994, t. Under Sections 40(2) and 70(5)(B)—Penalty 5A-Constitution of India, Arts. 148, 149, 151.

Compliance Calendar August 2021 Due Date Particulars Description 07-Aug-21 TDS/TCS payment Deposit TDS/TCS for the month of July 2021 10-Aug-21 GSTR-7 TDS deductor for the month of July 2021- Form GSTR-2 GSTR-8 TDS deductor for the month of July 2021- Form GSTR-8 11-Aug-21 GSTR-1 Aggregate turnover of more than INR 5Cr.- July 2021 GSTR-1 Aggregate turnover of upto INR 5 Cr. and opted to file monthly return - July 2021 13- Aug-21 GSTR-1 Aggregate turnover upto 5 Cr. and opted to file QRMP Scheme July 2021 (IFF) GSTR-6 Input Service Distributors (ISD)- July 2021 - Form GSTR-6 14-Aug-21 TDS Certificates Due date for issue of TDS Certificate for tax deducted under section 194M/1A/1B in the month of June 2021 15-Aug-21 TDS Certificates Quarterly TDS Certificate(other than salary) for the quarter ending June 30, 2021 PF Payment of Provident Fund for the month of July 2021- Form ECR ESI Payment of ESI for the month of July 2021- ESi Challan 20-Aug-21 GSTR-3B Aggregate turnover more than INR 5 Cr. in preceeding previous year or have not opted for QRMP Scheme for the quarter (Q2)- July 2021 GSTR-5/5A Non-Resident Taxpayers and ODIAR services provider 25-Aug-21 PMT-06 Challan for depositing GST by taxpayers who have opted for the quarterly filing of GSTR-3B under QRMP scheme 31-Aug-21 Vivad Se Viswas Payment under the Direct Tax Vivad Se Viswas Act, 2020 without additional amount Form LLP 11 Annual statement for submitting details of the business of the LLP and its partners for the FY-2020-21 - Form LLP11(***) DPT 3 Annual statement for submiting details Outstanding Loan for the FY 2020-21: For Companies - Form DPT-3 (***) CFSS 2020 Companies Fresh Start Scheme 2020 (CFSS) for FY 2019-20: for Companies - Form CFSS (***) GST Amnesty Scheme End date for the new GST Amnesty Scheme for filing GSTR 3B with reduced late fee *** Extended due dates Due Date for filing GST 3 B for small taxpayers are not yet notified, it appears as 20th Aug 2021 in the GST portal

E-Newsletter Released by CA.Renjith R.Warrier, Chairman, Ernakulam Branch of SIRC of ICAI , ‘ICAI Bhawan’, Diwan’s Road, Ernakulam, Kochi - 682016 Phone:July 2021 0484- 2362027. Email:| [email protected] Website: Ernakulam www.ernakulam-icai.org Branch of SIRC of Editor:ICAI CA.Renjith R.Warrier, Chairman, Ernakulam Branch of SIRC of ICAI.