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Bombay High Court Directs CBDT to Extend ITR Filing Deadline

Introduction

On December 20, 2024, the Bombay High Court issued an important directive to the Central Board of Direct Taxes (CBDT) (@IncomeTaxIndia). The court instructed the CBDT to extend the deadline for filing revised and belated Income Tax Returns (ITR) for the financial year 2023-24 to at least January 15, 2025. This move was made to ensure that taxpayers eligible for relief under Section 87A of the Income Tax Act have adequate time to exercise their statutory rights.

Key Details of the Court Order

The directive was part of the proceedings in Public Interest Litigation (L) No.32465 of 2024, filed by The Chamber of Tax Consultants through its President, Vijay Bhatt, against the Director General of Income Tax (Systems) & Ors.. The court emphasized the importance of procedural fairness for taxpayers and directed the CBDT to issue the requisite notification under Section 119 of the Income Tax Act to extend the deadline.

Court's Observations

In its order, the court noted:

  • The original deadline for filing revised and belated ITRs was December 31, 2024.

  • Taxpayers eligible for the Section 87A rebate faced procedural impediments due to the tight timeline.

  • Extending the deadline to January 15, 2025, would allow taxpayers to comply without undue pressure.

Current Situation

Despite the High Court's directive, as of now, no official notification has been issued by the CBDT to extend the deadline. This has led to confusion among taxpayers who are awaiting clarity on the matter.

Implications for Taxpayers

The lack of a notification leaves taxpayers in a precarious situation, especially those relying on the extended timeline to fulfill their filing obligations. Timely compliance is crucial for individuals claiming rebates or seeking to avoid penalties for late filing.

Next Steps

Taxpayers are advised to:

  1. Monitor Official Announcements: Keep a close eye on updates from the CBDT on the Income Tax India website or its official social media handles.

  2. File Proactively: While awaiting the notification, taxpayers who can complete their filings before December 31, 2024, should do so to avoid last-minute challenges.

  3. Seek Professional Guidance: Consult a tax advisor to ensure compliance with the existing deadlines and prepare for potential changes.

Conclusion

The Bombay High Court's directive underscores the importance of procedural fairness in tax compliance. However, the delay in issuing the notification raises concerns about administrative responsiveness. Taxpayers must remain vigilant and prepared for updates while hoping for timely action from the authorities to honor the court's order.

 

GSTN Advisory for Waiver Scheme under Section 128A

Introduction

Taxpayers are urged to take note of the recent advisory issued by the GSTN on November 8, 2024, regarding the Waiver Scheme under Section 128A. This scheme provides relief to taxpayers facing demand notices or orders issued under Section 73 for tax periods between July 2017 and March 2020. Below, we outline the key details and actions required to ensure compliance.

Key Highlights

Advisory and Resources

The official advisory can be accessed through the following link: Advisory on Waiver Scheme.

Applicability

The scheme applies to demand notices, statements, or orders issued under Section 73 for tax periods spanning July 2017 to March 2020.

Forms for Application

To avail of the benefits under this scheme, taxpayers are required to file applications through the GST portal using one of the following forms:

  • FORM GST SPL-01: Availability pending on the GST portal (to be launched soon).

  • FORM GST SPL-02: Already available on the GST portal for electronic filing.

Filing Process for FORM GST SPL-02

Detailed instructions for electronically filing FORM GST SPL-02 are provided in the help document available here: Help Document on Filing of SPL-02.

Steps to File SPL-02

  1. Log in to the GST portal with your credentials.

  2. Navigate to the Waiver Scheme section and select FORM GST SPL-02.

  3. Complete the form as per the guidelines outlined in the help document.

  4. Review and submit the application.

  5. Retain the acknowledgment for future reference.

Reporting Issues

In case of any difficulties encountered during the filing process, taxpayers can raise a ticket on the GST portal at Self-Service GST System. Use the category "Issues related to Waiver Scheme" for quick resolution.

Conclusion

The Waiver Scheme under Section 128A provides an excellent opportunity for taxpayers to resolve their tax obligations efficiently for the specified periods. Timely action and accurate filing are crucial to leveraging this benefit. Stay updated on the availability of FORM GST SPL-01 and ensure all submissions are completed within the stipulated timelines.

Hindalco Industries Faces GST Demand of Over Rs. 52 Crore on Reverse Charge Mechanism

Hindalco Industries Limited, one of India's leading aluminium and copper manufacturing giants, has received a significant tax demand from the Office of the Commissioner of Central Goods and Services Tax (CGST) in Rourkela, Odisha. According to a recent regulatory filing, the company has been served orders-in-original, levying a total of ₹52,66,58,508 in taxes and penalties under the Goods and Services Tax (GST) framework.

The Core Issue

The GST demand pertains to payments made by Hindalco under the Reverse Charge Mechanism (RCM) on water charges to the State Government. The Reverse Charge Mechanism is a compliance requirement under GST, where the recipient of certain goods or services is liable to pay tax instead of the supplier.

Hindalco disclosed that it received the order on December 24, 2024, though it is yet to receive a physical copy from the concerned authorities. The company believes it has strong legal grounds to contest the matter and intends to appeal against the demand.

Regulatory Compliance

The disclosure was made in accordance with Regulation 30(6) and paragraph 20 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. This ensures that Hindalco remains transparent in its dealings with investors and complies with market norms.

Impact on Share Price

Following the announcement, the shares of Hindalco were observed trading at ₹625.55, reflecting a slight dip of 0.51% from the previous closing price. This indicates a measured response from investors, who may be waiting for further clarity on the appeal's outcome.

About Hindalco Industries

Hindalco Industries Limited, a flagship company of the Aditya Birla Group, is a prominent player in the aluminium and copper manufacturing sectors. With its headquarters in Mumbai, Maharashtra, Hindalco holds the 661st position on the prestigious Forbes Global 2000 list. The company is renowned for its operational excellence and contribution to India's industrial growth.

Looking Ahead

The case represents a significant moment not just for Hindalco but also for corporate taxpayers navigating complex GST provisions in India. The company's decision to appeal will be closely watched by industry peers and financial markets alike, as the outcome could set a precedent for similar RCM-related disputes.

 

GSTN Advisory: Accurate Entry of Receipt Numbers for Leased Wagons in the E-Way Bill System

As part of the ongoing efforts to streamline the Goods and Services Tax (GST) processes, the GST Network (GSTN) has issued a critical advisory for taxpayers. This advisory provides specific guidelines on accurately entering Receipt Numbers related to Leased Wagons in the E-Way Bill (EWB) system. Here’s what you need to know to comply with the updated requirements.


Key Updates on Receipt Numbers in the EWB System

1. Prefixing Receipt Numbers

Taxpayers using Leased Wagons for transporting goods must adhere to the following:

  • Use the Prefix "L": Receipt Numbers must be prefixed with the identifier “L” when entering them into the EWB system.

  • Alignment with Existing Systems: For goods transported under:

    • Parcel Management System (PMS): Prefix “P” to Parcel Way Bill (PWB) numbers.

    • Freight Operations Information System (FOIS): Prefix “F” to Railway Receipt (RR) numbers.

The requirement for proper prefixing of PWB/RR numbers has already been communicated in prior advisories. The inclusion of the prefix “L” for Leased Wagons aligns with this standard and ensures uniformity.

Effective Date: These changes will be enforced starting January 1, 2025.


2. Updating Part-B of the EWB for Rail Transport

When generating an EWB for goods transported via rail, ensure the following:

  • Select "Rail" as Transport Mode: Use the "Multi-Transport Mode" option on the EWB portal to specify rail as the mode of transport.

  • Enter Receipt Numbers with Prefix “L”: This indicates that the transport is via Leased Wagons and ensures proper validation in the system.


3. Format for Receipt Number Entry

To avoid errors, taxpayers must adhere to the prescribed format for entering Receipt Numbers related to Leased Wagons:

  • Format: L

  • Example: If the Receipt Number is 123456789, enter it as L123456789.


4. Validation in the EWB System

Once the Receipt Number is entered into the system:

  • Automated Validation: The EWB system will validate the prefix and number against the designated database for Leased Wagons.

  • Error Alerts: In cases of mismatched or missing numbers, the system will generate an alert. Taxpayers must rectify any discrepancies promptly to ensure compliance.


5. Assistance and Support

Taxpayers who face challenges with the new system or need clarification can:

  • Raise a Support Ticket: Use the EWB support portal to lodge a ticket.

  • Provide Details: Include specific details such as the Receipt Number and the prefix used for faster resolution.


Why This Matters

Accurate entry of Receipt Numbers is critical to:

  • Ensure Smooth Goods Transportation: Prevent delays and disruptions in rail-based logistics.

  • Streamline Compliance: Maintain consistency and transparency in EWB documentation.

  • Facilitate System Efficiency: Minimize errors and enhance validation processes.


Conclusion

Adhering to these guidelines will help taxpayers seamlessly generate E-Way Bills for goods transported via Leased Wagons while avoiding potential errors and compliance issues. Start preparing now to ensure a smooth transition when the changes take effect on January 1, 2025.

For further details, visit the GSTN portal or contact the EWB support team. Stay compliant and keep your goods moving efficiently!

Recommendations from the 55th GST Council Meeting

The 55th GST Council meeting, chaired by Union Finance Minister Smt. Nirmala Sitharaman, took place in Jaisalmer, Rajasthan. This meeting brought together various state Finance Ministers and officials to discuss and recommend significant changes to the Goods and Services Tax (GST) framework. Below are the key decisions and recommendations made during the meeting:

Changes in GST Rates for Goods

  1. Fortified Rice Kernel (FRK): GST rate reduced to 5%.

  2. Gene Therapy: Exempted from GST.

  3. LRSAM Systems: IGST exemption extended to components used in assembly and manufacturing.

  4. Merchant Exporters: Compensation cess reduced to 0.1% on specific supplies.

  5. IAEA Inspection Team: IGST exemption on imports of equipment and consumables under specified conditions.

  6. Food Preparations: Concessional 5% GST rate extended for government programs aimed at economically weaker sections.

Changes in GST Rates for Services

  1. Sponsorship Services: To be brought under Forward Charge Mechanism.

  2. Motor Vehicle Accident Fund: GST exemption on contributions by general insurance companies.

  3. Accommodation Services: Redefined applicability of GST rates based on actual value of supply, effective from April 1, 2025.

  4. Composition Levy Scheme: Exclusion of taxpayers under this scheme from reverse charge mechanism for specific rentals.

  5. Old and Used Vehicles: GST rate increased from 12% to 18% for vehicles meeting certain criteria, with tax applied only to the supplier’s margin.

  6. Autoclaved Aerated Concrete Blocks: GST clarified at 12% for blocks with over 50% fly ash content.

  7. Agricultural Produce: Fresh green or dried pepper and raisins by agriculturists exempt from GST.

  8. Pre-Packaged Commodities: Definition amended to include items under 25 kg/litre for retail sale.

  9. Popcorn: Tax rates clarified based on ingredients and classification.

Trade Facilitation Measures

  1. Schedule III Amendment: Explicitly excludes warehoused goods in SEZs or FTWZs from GST as supplies of goods or services.

  2. Vouchers: Simplified provisions clarifying non-taxability of transactions involving vouchers, except for specific associated services.

  3. Circular Clarifications: Issuance of clarifications to resolve disputes, including reversal of ITC for electronic commerce operators and eligibility for ITC in Ex-Works contracts.

Streamlining GST Compliance

  1. Track and Trace Mechanism: Introduction of a Unique Identification Marking system to trace commodities throughout the supply chain.

  2. Online Services: Mandatory recording of the state name of unregistered recipients in invoices.

  3. Pre-Deposit for Appeals: Reduction of pre-deposit requirements to 10% for appeals involving only penalties.

  4. Temporary Identification Numbers: New provisions for issuing temporary IDs to non-registered persons for specific payments.

Legal and Procedural Changes

  1. Input Services Distributor (ISD): Inclusion of inter-state reverse charge mechanism transactions.

  2. Invoice Management System (IMS): Enhancements to streamline filing processes and ensure accurate ITC claims.

  3. Compensation for Road Accidents: Clarified that contributions to the Motor Vehicle Accident Fund are exempt from GST.

Other Decisions

  1. Natural Disaster Levy: Formation of a Group of Ministers to evaluate policies for natural disaster levies.

  2. Operationalizing GSTAT: Approval of procedural rules for the GST Appellate Tribunal.

  3. GST Compensation: Extended timeline for the restructuring of GST compensation till June 30, 2025.

Notes:

The recommendations will be implemented through corresponding amendments, circulars, and notifications, which will have the force of law.