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		 TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 1                                                                        SERVICES LLP 
        
                                
 
      
      
    
TAX CONNECT  
83rd
 
Issue 
28 AUG 2016  – 03 SEP  2016 
INCOME TAX 
CENTRAL EXCISE  SERVICE TAX 
GST 
 
CUSTOMS 
STATE TAXES 
  
TAX CONNECT ADVISORY  
SERVICES LLP  
      
1, Old Court House Corner  
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Kolkata-70001                         
West Bengal                                  
     
 
       
Contact: 
+919331042424; +919831594980;  +918697575185; +913322625203  Email: 
tb.chatterjee@yahoo.co.in;  cavivekjalan@gmail.com;  vivek.jalan@icai.org
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 2                                                                        SERVICES LLP 
 
                           
  
Friends,    
Nagaland  has  become  the  9th  State  to  pass  the  GST  Bill 
iv  its  “tate’s  Legislature.  Heve  vow  ovl tates  uore  
are  required  to  pass  the  bill  before  it  goes  for  
presidential ascent.  
As we have already said in the past that GST is not just a  
change in tax, it is expected to have a far reaching impact  
on  each  facet of  business operations  in  the  country  such  
as  pricing  of  products  and  services,  supply  chain 
optimization, IT, accounting and tax compliance systems.
 
It  will  impact  the  tax  structure,  tax  incidence,  tax  
computation,  tax  payment,  compliance,  credit  utilization 
and  reporting,  leading  to  a  complete  overhaul  of  the  
current  indirect  tax  system.  If  proper  GST  structure  is  
established,  it  is  estimated  that  the  corporates  can 
reduce  their  material  cost  by  2-5  %  and  logistic  cost  by  10 -15%.
 
Hence  to  reap  the  benefits,  it  could  be  a  good  idea  to  
start GST Implementation from now!  
The CBEC, for the purpose of Service Tax, Central Excise  
and  Customs,  has  invested  all  Principal  Commissioners 
who  have  been  given  additional  charge  of  a  Chief  
Commissioner vide  Office Orders  of the  Central  Board  of  
Excise  and  Customs  No.  79/2016  dated  the  14th  July, 
2016 and 86/2016 dated the 26th July, 2016 respectively 
with the powers of Chief Commissioner.  
In  Customs,  Customs  (Provisional  Duty  Assessment) 
Regulations, 201l has been cancelled . In  Service  Tax,  i
t has  been  brought  to  notice  that  the 
services  of  construction  of  tubewells  provided  to  the  
government,  a  local  authority  or  a  governmental  
authority  are  exempted  from  service  tax  under  
notification 25/2012-Service Tax dated 20-6-2012.  
In  Income-Tax , the CBDT has inserted Rule 37CB and has 
specified  th at  provisions  of  sub-section  (1D)  of  section 
206C  (collection  of  TCS)  shall  not  apply  to  Government , 
Embassies,  Consulates,  High  Commissions,  Legation  or  
Commission  and  trade  representation,  of  a  foreign  State  
and institutions notified under United Nations (Privileges  
and Immunities) Act, 1947  
In  Delhi,  the Department has  withdrawn  the mandatory 
requirement of filing returns in form DVAT 16 or in form  
17  with  digital  signatures   vide  Notification  No. 
F.3(643)/Policy/VAT/2016/658-68 dated 24.08.2016   
The  referred  notifications/circulars/case  laws  have  been  
discussed in detail further in the bulletin.   
Just  to  reiterate  that  we  remain  available  over  a 
telecom or e-mail.  
Truly Yours    
Timir Baran Chatterjee  
M.Com, FCS, MBA (International Business)-IIFT, ACMA    
Vivek Jalan  
FCA, CIDT (ICAI), B. Com  
                      
EDITORIAL
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 3                                                                        SERVICES LLP 
   
S. NO. TOPICS  
PAGE    
NO. 
1] COMPLIANCE CALENDAR 4 
2] ^CA“UAL TAXA BLE PER“ON_ AND ^NON -RE“IDENT TAXABLE PER“ON_ UNDER G“T LAW  5 
3] CENTRAL TAXES   
a) SERVICE TAX 6 
Notification/Circular Powers of Chief Commissioner provided To Principal Commissioner who have b een given  the 
additional charge vide office orders no. 79/2016 dated 14.07.2016 and 86/2016 dated 26.07.2016  
Notification/Circular Services of construction of tubewells provided to the government, a local authority or a 
governmental authority are exempted from service tax under notification 25/2012-Serv ice Tax 
dated 20-6-2012  
b) Central Excise 7 
Notification/Circular Powers of Chief Commissioner provided To Principal Commissioner who have b een given the 
additional charge vide office orders no. 79/2016 dated 14.07.2016 and 86/2016 dated 26.07.2016 
 Notification/Circular Amendment in Notification No.22/2003-Central Excise Dated 31.3.2003 
 Case Law The activity of repair and maintenance of plant and machinery is an activity which has dir ect nexus 
with manufacture of final products and the goods used in this activity would be eligible for Cenvat 
Credit 
 c) Customs 8 
Notification/Circular Powers of Chief Commissioner provided To Principal Commissioner who have b een given the 
additional charge vide office orders no. 79/2016 dated 14.07.2016 and 86/2016 dated 26.07.2016 
 Notification/Circular Cancellation of Customs (Provisional Duty Assessment) Regulations, 2011 and gui delines regarding 
provisional assessment under section 18 of the Customs Act, 1962   
 Notification/Circular Exemption for import of fabrics under Special Advance Authorization Scheme for manufactu re and 
export of garments 
 Notification/Circular Republic Of Guinea-Bissau included in the list of countries eligible for preferential tariff 
 d) Income tax 9 
Notification/Circular  Section 206C(1D) providing for collection of TCS shall not apply on specified buyers 
 Notification/Circular Additional Bodies specified for Section 10(46) of The Income-Tax Act, 1961 
Case Law Income can be said to accrue only when it becomes due and must be accompanied by 
corresponding liability of the other party to pay the amount. Then only  it can be said that the 
income has accrued to the assessee  
4] State Taxes 10 
Notification/Circular 
Chhattisgarh: Withdrawal of exemption to mobile phone  Delhi: Withdrawal of mandatory requirement of filing returns in form DVAT 16 or  in form 17 with 
digital signatures  
Haryana: Mehandi leaves and its powder exempted from tax  Kerala: Last date for filing option for payment of compounded tax extended to 31.08.2016 
 Madhya Pradesh: Enhancement in additional tax on petrol  West Bengal: Last date for filing VAT return for q.e. 30/06/2016 extended to 05.09.2016  
5] IN STANDS - GST: MODEL LAW 2016 & BUSINESS PROCESSES : A TECHNICAL COMMENTARY 11 
6] BOOK EXCLUSIVELY ON WORKS CONTRACT ( SERVICE TAX AND  VAT) 
 12  
 
INDEX
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 4                                                                        SERVICES LLP 
Due date COMPLIANCES FROM 28th August, 
2016 to 03rd
 September, 2016 
STATUTE 
28th August, 
2016 
Deposit of  VAT of previous month (VAT 
Act) 
Arunachal Pradesh  
Filing of VAT return (VAT Act) Arunachal Pradesh (Monthly, if  turnover>Rs. 1 crore) 
30th August, 
2016 
Deposit of  VAT of previous month (VAT 
Act) 
Punjab (if payment otherwise than by cheque) 
Tripura  
Himachal Pradesh  
Goa (if Tax < Rs. 1 lac) 
 
Filing of VAT return (VAT Act) Punjab (if payment otherwise than by cheque) 
Himachal Pradesh (Monthly, if PY turnover is>Rs 5 cr) 
 
Deposit of WCT of previous month (VAT 
Act) 
Goa (Monthly, if Tax< Rs. 1 lac)) 
 Filing of WCT return (VAT Act) Rajasthan (Monthly) 
 
Deposit of Entry tax of previous month 
(Entry Tax Act) 
Goa  
31st August, 
2016 
Deposit of  VAT of previous month (VAT 
Act) 
Mizoram, Jammu & Kashmir  
 
Filing of VAT return (VAT Act) Tripura (Monthly/Quarterly) 
Assam (Annual, for non-audit)  
 
Filing of WCT return (VAT Act) Bihar (Monthly) 
Chandigarh (Monthly) 
Tamil Nadu (Monthly) 
 Issuance of WCT certificate (VAT Act) Assam (Monthly) 
 
Deposit of Ptax of previous month 
(Commercial Tax Act) 
Maharashtra  
 
Deposit of Entry tax of previous month 
(Entry Tax Act) 
Assam  
               
COMPLIANCE CALENDAR
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 5                                                                        SERVICES LLP 
 
^CA“UAL TAXABLE  PERSON _  AND  ^NON-RESIDENT 
TAXABLE PER“ON_  UNDER GST LAW 
    ^asual  tale  persov_  ueavs  a  persov  who  
occasionally undertakes transactions involving supply 
of goods and/or services in the course or furtherance 
of  business  whether  as  principal,  agent  or  in  any 
other capacity, in a taxable territory where he has no 
fixed place of business.    
Under  the  prevailing  central  laws,  casual  taxable 
person is not provided for.  
   ^vov -residevt  tale  persov_  ueavs  a  tale 
person  who  occasionally  undertakes  transactions 
involving supply of goods and/or services whether as 
principal  or  agent  or  in  any  other  capacity  but  who 
has no fixed place of business in India.   
   A  non-resident  taxable  person  may  be  granted  
registration  on  the  basis  of  any  other  prescribed  
document in the absence of PAN.  
   A  ^asual  tale  persov_  avd  a  ^vov -resident 
taxable  person  is  listed  in  Schedule  III  and  
accordingly  required  to  obtain  registration  under  
Section  19  of  the  GST  Act  irrespective  of  the 
threshold  limit  as  specified  in  sub  section  1  &  2  of 
section 19.   
   The  certificate  of  registration  shall  be  valid  for  90 
days  from  the  date  of  registration.  This  period  may  
however be extended by a proper officer by a period  
not exceeding 90 days.  
   Such  dealers  shall  be  required  to  make  payment  in 
advance separately for SGST and CGST.  
   At the time of registration, such persons are required  
to  pay  advance  tax  equivalent  to  the  estimated  tax  
liability  for  the  period  for  which  the  registration  is 
sought.  
 
In  case  of  extension  of  time,  advance  tax  equivalent 
to the estimated tax liability for the extension period 
is required to be deposited.  
  The  amount  deposited  shall  be  credited  to  the  
electronic  cash  ledger  of  such  person  and  shall  be  
utilized in the manner provided under section 35.  
   The  concept  of  registration  of  non-resident  taxable 
person  and  casual  taxable  person  is  new  which  has 
led to extra burden. Also, as specified, such assessees 
shall pay advance tax which may affect the cash flow  
and block the working capital of the assessee. 
 
   Casual  taxable  persons  and  non-resident  taxable  
persons  shall  not  be  required  to  furnish  an  annual  
return (GSTR  – 8) .  
                                                 
GOODS & SERVICE TAX (GST)
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 6                                                                        SERVICES LLP 
 
SERVICE TAX 
NOTIFICATIONS/CIRCULARS 
 
POWERS  OF  CHIEF  COMMISSIONER  PROVIDED  TO 
PRINCIPAL  COMMISSIONER  WHO  HAVE  BEEN  GIVEN 
THE  ADDITIONAL  CHARGE  VIDE  OFFICE  ORDERS  NO. 
79/2016  DATED  14.07.2016  AND  86/2016  DAT ED 
26.07.2016  
 
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry 
of  Finance,  Government  of  India  vide  Notification  No. 
37 /2016-Service  Tax  dated  18.08.2016  has  invested  all 
Principal Commissioners who have been given additional  
charge of a Chief Commissioner vide Office Orders of the 
Central  Board  of  Excise  and  Customs  No.  79/2016  dated 
the  14th  July,  2016  and  86/2016  dated  the  26th  July, 
2016  respectively  with  the  powers  of  Chief 
Commissioner.
 
 
SERVICES OF CONSTRUCTION OF TUBEWELLS PROVIDED 
TO  THE  GOVERNMENT,  A  LOCAL  AUTHORITY  OR  A 
GOVERNMENTAL  AUTHORI TY  ARE  EXEMPTED  FROM 
SERVICE  TAX  UNDER  NOTIFICATION  25/2012-SERVICE 
TAX DATED 20-6-2012 
 
OUR  COMMENTS : In  some  cases,  services  of 
construction  of  tube  wells  for  the  Government  have  
been considered to be liable to pay service tax. 
Therefore,  the  Service  Tax  Wing,  CBEC  (Dept.  of  
Revenue),  Ministry  of  Finance,  Government  of  India  vide  
Circular  No  199 /09/2016-Service  Tax  dated  22.08.2016 
has  brought  to  notice  that  such  services  are  exempt  
under  notification  25/2012-Service  Tax  dated  20-6-2012 
as follows:  
-vide Serial No. 12 (e)   
"Services  provided  to  the  Government,  a  local  authority  
or  a  governmental  authority  by  way  of  construction,  
erection,  commissioning,  installation,  completion,  fitting 
out,  repair,  maintenance,  renovation  or  alteration  of 
pipeline,  conduit  or  plant  for  (i)  water  supply  (ii)  water 
treatment, or (iii) sewerage treatment or disposal".    
-vide Serial No. 25(a)  
-In the period 1-7-2012 to 10-7-2014   "Services  provided  to  Government,  a  local  authority  or  a 
governmental  authority  by  way  of  carrying  out  any 
activity in relation to any function ordinarily entrusted to 
a  municipality  in  relation  to  water  supply,  public  health, 
sanitation conservancy, solid waste management or slum 
improvement and up-gradation".  
-In the period 11-7-2014 onwards    
"Services  provided  to  Government,  a  local  authority  or  a 
governmental  authority  by  way  of  water  supply,  public  
health,  sanitation  conservancy,  solid  waste  management  
or slum improvement and up-gradation".  
From  the  above  description,  it  is  clear  that  following 
services provided to the Government, a local authority or 
a governmental authority are exempted:   
(a)  construction,  erection,  commissioning,  installation,  
completion,  fitting  out,  repair,  maintenance,  renovation 
or  alteration  of  pipeline,  conduit  or  plant  for  (i)  water 
supply (ii) water treatment, and    
(b) water supply - it will involve providing users, access to 
a source of water. The source may be natural or artificial 
like tanks, wells, tube wells etc.                                    
CENTRAL TAXES
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 7                                                                        SERVICES LLP 
. 
 
CENTRAL EXCISE 
     
NOTIFICATIONS/CIRCULARS 
 
POWERS  OF  CHIEF  COMMISSIONER  PROVIDED  TO 
PRINCIPAL  COMMISSIONER  WHO  HAVE  BEEN  GIVEN 
THE  ADDITIONAL  CHARGE  VIDE  OFFICE  ORDERS  NO. 
79/2016  DATED  14.07.2016  AND  86/2016  DAT ED 
26.07.2016  
 
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry 
of  Finance,  Government  of  India  vide  Notification  No. 
43 /2016-Central  Excise  (N.T.)  dated  18.08.2016  has 
invested  all  Principal  Commissioners  who  have  been  
given  additional  charge  of  a  Chief  Commissioner  vide 
Office Orders of the Central Board of Excise and Customs 
No.  79/2016  dated  the  14th  July,  2016  and  86/2016 
dated the 26th July, 2016 respectively with the powers of 
Chief Commissioner.
 
   
AMENDMENT  IN  NOTIFICATION  NO.22/2003-CENTRAL 
EXCISE DATED 31.3.20 03 
 
OUR  COMMENTS: The  CBEC,  Dept.  of  Revenue,  Ministry 
of  Finance,  Government  of  India  vide  Notification  No. 
31 /2016-Central  Excise  dated  24.08.2016  has  further 
amended  Notification  No.22/2003-Central  Excise  dated  
31.3.2003  by  substituting  the  words  ^preuises  of  the 
uvit_  with words  ^ovded preuises_.  
 
COURT DECISIONS 
   
M/S.  J.K.  CEMENT  WORKS  VERSUS  C.C.E.  JAIPUR-II 
[CESTAT NEW DELHI] 
 
BRIEF:  The  activity  of  repair  and  maintenance  of  plant 
and  machinery  is  an  activity  which  has  direct  nexus  
with  manufacture  of  final  products  and  the  goods  used 
in this activity would be eligible for Cenvat Credit.   
OUR  COMMENTS : In  the  above  case,  the  issue  is 
whether the assessee is entitled to avail Cenvat Credit on  
duty paid on various items like lining plates, HRCS lifters, 
coolers, etc. used in the Clinker and Hammer, etc., which 
are  used  by  the  assessee  for  replacement,  repair  and 
maintenance of their Clinker and other machines.    
The  Hon’ble  CE“TAT  found  that the  above  issue  is  no 
more  res  integra  and  stands  decided  by  various  High 
Courts.  
   
It was held that:  ^
Repairs  and  maintenance  of  plant  and  machinery  is  an 
activity  without  which  smooth  manufacturing  is  not  
possible.  Commercially,  manufacturing  activity  is  not  
possible  with  malfunctioning  machines,  and  leaking 
tanks,  pipes  and  tubes.  Therefore,  the  activity  of  repair 
and  maintenance  of  plant  and  machinery  is  an  activity 
which  has  direct  nexus  with  manufacture  of  final 
products  and  the  goods  used  in  this  activity  would  be 
eligible  for  Cenvat  Credit.  For  eligibility  of  an  input  for 
Cenvat  Credit  what  is  relevant  is  whether  the  activity  in 
which  that  input  is  used  has  nexus  with  the  manufacture 
of  final  product  and  the  nexus  has  to  be  determined  on  
the  basis  of  criteria  as  to  whether  that  activity  is  
commercially  essential  for  manufacture  of  the  final 
products ._ 
 
The following cases of the Tribunal may be referred:  
Panipat  Co-operative  Sugar  Mills  Ltd.  Vs.  CCE  Rohtak-
2013 (293) ELT 66 (Tri-Del)   
Metrochem  Industries  Ltd.  Vs.  CCE  Vadodara-2013  (292)  
ELT 578 (Tri-Amd).    
Accordingly, the assessee is entitled to take cenvat credit  
in the given case.  
[Decided in favour of assessee]
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 8                                                                        SERVICES LLP 
    
            
CUSTOMS 
NOTIFICATIONS/CIRCULARS 
 
POWERS  OF  CHIEF  COMMISSIONER  PROVIDED  TO 
PRINCIPAL  COMMISSIONER  WHO  HAVE  BEEN  GIVEN 
THE  ADDITIONAL  CHARGE  VIDE  OFFICE  ORDERS  NO. 
79/2016  DATED  14.07.2016  AND  86/2016  DAT ED 
26.07.2016  
 
OUR COMMENTS: The CBEC (Dept. of Revenue), Ministry 
of  Finance,  Government  of  India  vide  Notification  No. 
111/2016-Customs (N.T.) dated 18.08.2016  has invested 
all  Principal  Commissioners  who  have  been  given  
additional  charge  of  a  Chief  Commissioner  vide  Office  
Orders  of  the  Central  Board  of  Excise  and  Customs  No.  
79/2016  dated  the  14th  July,  2016  and  86/2016  dated 
the 26th July, 2016 respectively with the powers of Chief 
Commissioner.
 
   
CANCELLATION  OF CUSTOMS  (PROVISIONAL  DUTY 
ASSESSMENT)  REGULATIONS,  2011  AND  GUIDELINES 
REGARDING  PROVISIONAL  ASSESSMENT  UNDER 
SECTION 18 OF THE CUSTOMS ACT, 1962 
 
OUR COMMENTS : The CBEC (Dept. of Revenue), Ministry 
of  Finance,  Government  of  India  vide  Notification  No. 
113/2016-Customs  (N.T.)  dated  18.08.2016  has 
rescinded  the  Notification  No.  81/2011-Customs  (N.T.)  
dated  the  25th  November,  2011  which  notified  the 
Customs  (Provisional  Duty  Assessment)  Regulations, 
2011.   
As  per  clarification  provided  vide  Circular  No.  38/  2016-
Customs  dated  22.08.2016,   the  cancellation  has  been 
done  as  section  18  of  the  Customs  Act,  1962,  itself  lays  
down  the  procedure  to  be  followed  in  the  case  of 
provisional assessment.   
The  only  issue  which  is  required  to  be  addressed  is 
regarding  the  amount  of  security  since  section  18 
requires the same to be obtained as "deemed fit" by the 
proper officer.     
To  address  the  above  issue  and  for  uniformity  of 
practice,  transparency  and  predictability  for  the  tax 
payer,  the  Board  has  provided  guidelines  to  be  followed 
by  all  Customs  stations  while  assessing  goods 
provisionally.
 
  
The readers may refer the circular for the details.      
EXEMPTION  FOR  IMPORT  OF  FABRICS  UNDER  SPECIAL 
ADVANCE  AUTHORIZATION  SCHEME  FOR 
MANUFACTURE AND EXPORT OF GARMENTS 
  
OUR  COMMENTS
: 
The  Dept.  of  Revenue,  Ministry  of 
Finance,  Government  of  India  vide  Notification  No. 
45 /2016-Customs dated 13.08.201  has exempted fabrics 
(including  interlining)  imported  into  India  against  a  valid  
Special Advance Authorisation issued in terms of Foreign 
Trade  Policy  from  the  custom  duty  specified  in  the  First 
Schedule  and  from  the  additional  duty,  safeguard  duty  
and  anti-dumping  duty  under  sections  3,  8B  and  9A  of  
the Customs Tariff Act, subject to specified conditions.    
If  the  fabrics  are  found  defective  or  unfit  for  use,  the 
same  may  be  re-exported  within  6  months  or  such 
extended  period  not  exceeding  a  further  period  of  6 
months.    
The readers may refer the notification for the details.  
 
REPUBLIC  OF GUINEA-BISSAU  INCLUDED IN THE  LIST OF 
COUNTRIES ELIGIBLE FOR PREFERENTIAL TARI FF 
  
OUR  COMMENTS: 
The  Dept.  of  Revenue,  Ministry  of 
Finance,  Government  of  India  vide  Notification  No. 
46/2016-Customs  dated  23.08.2016  respectively  has 
further  amend ed  Notification  No.  96/2008-Customs 
dated  13.08.2008  and  included  Republic  of  Guinea- 
Bissau  in  the  list  of  countries  eligible  for  preferential  
tariff under the said notification.
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page 9                                                                        SERVICES LLP 
 
INCOME TAX 
NOTIFICATIONS & CIRCULARS  
 
SECTION  206C(1D) PROVIDING  FOR  COLLECTION  OF  TCS 
SHALL NOT APPLY ON SPECIFIED BUYERS 
  
OUR  COMMENTS : The  CBDT,  Department  of  Revenue, 
Ministry  of  Finance,  Government  of  India  vide  
NOTIFICATION  No.  75/2016  dated  19 .08.2016  has 
inserted  Rule  37CB  in  the  Income  Tax  Rules,  1962  and  
has  specified  the  following  class  or  classes  of  buyers  to  
whom  provisions  of  sub-section  (1D)  of  section  206C  
(collection  of  TCS)  in  relation  to  sale  of  any  goods  (other  
than  bullion  or  jewellery)  or  providing  any  service  shall  
not apply:  
(i) Government;  
(ii) embassies, Consulates, High Commissions, Legation or  
Commission and trade representation, of a foreign State;  
(iii)  institutions  notified  under  United  Nations  (Privileges  
and Immunities)  At, 194 
ADDITONAL  BODIES  SPECIFIED  FOR  SECTION  10(46)  OF 
THE INCOME-TAX ACT, 1961 
  
OUR  COMMENTS :  The  CBDT,  Department  of  Revenue, 
Ministry  of  Finance,  Government  of  India  has  specified  
the  following  bodies  in  respect  to  specified  income  for 
the purpose of section 10(46) of the Income-Tax Act:    
-notified National  Skill  Development  Corporation,  a 
body  constituted  by  Central  Government,   vide 
Notification No.  71/2016 dated 17.08.2016  
 
-notified  Tamil  Nadu  Electricity  Regulatory  Commission, 
a  body  constituted  by  Government  of  Tamil  Nadu,   vide 
Notification No.  72/2016 dated 17.08.2016  
 
-notified Uttarakhand  Environment  Protection  and 
Pollution  Control  Board,  a  body  constituted  by  
Government  of  Uttarakhand,   vide Notification  No. 
73 /2016 dated 17.08.2016  
  The  notifications  shall  be  effective  subject  to  the 
conditions that the bodies-   
(a) shall not engage in any commercial activity;  (b)  activities  and  the  nature  of  the  specified  income 
remain unchanged throughout the financial years; and 
(c)  shall  file  return  as  per  139(4C)(g)  of  the  Income-tax 
Act, 1961.   
The readers may refer the notifications for the details. 
 
 
COURT DECISIONS 
   
1 AND 2. GUJARAT CHEMICAL PORT TERMINAL CO. LTD. 
VERSUS 1 AND 2. THE ACIT, CIRCLE-1 (1) , BARODA [ITAT 
AHMEDABAD 
 
BRIEF:  The  activity  of  repair  and  maintenance  of  plant 
and  machinery  is  an  activity  which  has  direct  nexus  
with  manufacture  of  final  products  and  the  goods  used 
in this activity would be eligible for Cenvat Credit.   
OUR  COMMENTS : In  the  above  case,  the  assessee  is 
engaged in the business of providing various port related  
services  for  import  and  export  of  bulk  liquid  cargos.  The 
assessee  had  entered  into  agreement  with  other  PSUs 
that  if  those  PSUs  failed  to  discharge  and  evacuate  the  
material  to  the  extent  stated  in  the  agreement,  then  it  
was  required  to  make  payment  towards  the  shortfall  of 
the quantities discharged.     
The  revenue  issued  a  show  cause  notice  as  to  why  the 
charges  for  shortfall  in  quantities  for  non-usage  by  the 
prouoters  uvder  the  ^take  or  pa agreeuev t  shall  be 
ivluded iv the assessee’s ivoue as it  follows mercantile 
system of accounting.    
The  H on’ble  ITAT  held  that  It  is  a  fact  that  assessee  is 
following  mercantile  system  of  accounting,  but  income 
can  be  said  to  accrue  only  when  it  becomes  due  and 
must  be  accompanied  by  corresponding  liability  of  the  
other  party  to  pay  the  amount  and  only  then  it  can  be  
said  that  for  the  purpose  of  income-tax  that  the  income 
has accrued.   
Accordingly,  the  amount  of  shortfall  in  the  minimum  
guaranteed quantity amount cannot be brought to tax. 
 
 
[Decided in favour of assessee]
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page  10                                                                       SERVICES LLP 
CHHATTISGARH  
 
WITHDRAWAL OF EXEMPTION TO MOBILE PHONE 
  
OUR  COMMENTS   The  Commercial  Taxes  Department, 
Government  of  Chhattisgarh,  vide Notification No.  F-
10/34/2016/CT/V  (68)  dated  22.08.2016   has  amended 
notification  No.  F- 10-17/2016/CT/V  (26),  dated  31st 
March,  2016  and  withdrawn  the  exemption  which  
reduced the tax rate on mobile phone to 5%.    
 
DELHI  
 
WITHDRAWAL  OF  MANDATORY  REQUIREMENT  OF 
FILING  RETURNS  IN  FORM  DVAT  16  OR  IN  FORM  17 
WITH DIGITAL SIGNATURES  
  
OUR  COMMENTS   The  Department  of  Trade  And  Taxes , 
Government  of  National  Capital  Territory  of  Delhi,  vide  
Notification  No.  F.3(643)/Policy/VAT/2016/658- 68 
dated  24.08.2016  has  withdrawn  notifications 
No.F.3(643)/Policy/VAT/2016/1585-1597  dated  1st 
March,  2016,  and  notifications  
No.F.3(643)/Policy/VAT/2016/419-431  dated  1st  July,  
2016,  regarding  mandatory  requirement  of  filing  returns  
in Form DVAT 16/ 17 with digital signatures. 
HARYANA  
 
'MEHANDI  LEAVES  AND  ITS  POWDER  EXEMPTED  FROM 
TAX 
  
OUR  COMMENTS   The  Excise  and  Taxation  Department, 
Government  of  Haryana,  vide Notification  No.  18  /H.A. 
6/2003/S.59/2016  dated  16.08.2016   has  exempted 
Mehandi leaves and its powder from tax by inserting the  saue iv “hedule B avd ouittivg ^Hevva_ frou “hedule  C
. 
KERALA
 
 
LAST  DATE  FOR  FILING  OPTION  FOR  PAYMENT  O F 
COMPOUNDED TAX EXTENDED TO 31.08.2016 
 
OUR  COMMENTS  The  Office  of  the  Commissioner  of 
Commercial  Taxes,  Government  of  Kerala,  vide No.C1-
14373/16/CT  dated  19.08.2016   has  extended  the  last 
date  for  filing  option  for  payment  of  compounded  tax  
under  section  8  of  Kerala  Value  Added  Tax  Act,  for  the  
year 2016-17  to 31st August, 2016.
 
MADHYA PRADESH  
 
ENHANCEMENT IN ADDITIONAL TAX ON PETROL 
  
OUR  COMMENTS   The  Commercial  Taxes  Department , 
Government  of  Madhya  Pradesh,  vide No.  A  3-60-2015-
19 -FIVE-(39)  dated  16.08.2016   has  enhanced  the 
additional  tax  on  petrol  from  Rs.  3/-  per  liter  to Rs.  4/ - 
per liter w.e.f 18th August 2016. 
WEST BENGAL 
 
LAST  DATE  FOR  FILING  VAT  RETURN  FOR  Q.E. 
30/06/2016 EXTENDED TO 05.09.20 16 
  
OUR  COMMENTS  The  Directorate  of  Commercial  Taxes, 
Government  of  West  Bengal  vide  Order  Memo No. 
742CT/PRO/3C/PRO/2015  dated  23.08.2016   has 
extend ed  the  due  date  of  submission  of  return  in  Form 
14/14D/15    for  Q.E.  30.06.2016  from  31.07.2016  to   
05.09.2016 and for Form 14e/15e to 20.09.2016.
 
Disclaimer: This e-bulletin is for private circulation only. Views  expressed herein are of the editorial team. TAX CONNECT ADVISORY SERVICES LLP  or 
any  of  its  employees  do  not  accept  any  liability  whatsoever  direct  or  indirect  that  may  arise  from  the  use  of  the  information   contained  herein.  No 
matter  contained  herein  may  be  reproduced  without  prior  consent  of    TAX  CONNECT  ADVISORY  SERVICES  LLP.  While  this  e-bulletin  has  been 
prepared  on  the  basis  of  published/other  publicly  available  in formation  considered  reliable,  we  do  not  accept  any  liability  f o r  the  accuracy  of  its 
contents. 
STATE TAXES
TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page  11                                                                       SERVICES LLP 
  
IN STANDS - GST: MODEL LAW 2016 & BUSINESS PROCESSES : A TECHNICAL COMMENTARY
 
                                                        
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5.    The Integrated Goods and Services Tax Act,  2016 
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Published  by:  
  
BOOK CORPORATION  
4,  R.  N.  Mukherjee Road  
Kolkata 700001  
Phones: (033) 64547999,  22306669, 22205367  
Cell :  9830010297 , 9331018333  
Order  by email: 
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TAX CONNECT – 83rd Issue                                                                                                                        TAX CONNECT ADVISORY 
(28 Aug 2016 – 03  Sep 2016)                                                   Page  12                                                                       SERVICES LLP 
 
BOOK EXCLUSIVELY  ON WORKS CONTRACT ( SERVICE TAX AND  VAT)  
AVAILABLE IN ALL LEADING LEGAL BOOK SHOPS INCLUDING BOOK CORPORATION 
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Authors:  
  
Timir Baran Chatterjee   
M.Com, FCS, MBA (International Business)-IIFT, ACMA  
  
Vivek Jalan  
B.  Com, FCA, CIDT (ICAI)  
   
Published  by:  
  
BOOK CORPORATION  
  4,  R.  N.  Mukherjee Road  
Kolkata 700001  
Phones: (033) 64547999,  22306669, 22205367  
Cell :  9830010297 , 9331018333  
Order  by email: 
bookcorporation@gmail.com 
Website : www.bookcorporation.com