Minister of Law and Justice to launch the Tele Law Mobile App on 13th November 2021 (Ministry of Law & Justice dated 08 Nov 2021)

Department of Justice launches “Tele-Law on Wheels” Campaign as a part of its weeklong Azadi Ka Amrit Mahotsav celebrations from 8th to 14th November 2021


Minister of Law and Justice to launch the Tele Law Mobile App on 13th November 2021

Joining the country-wide celebrations of Azadi Ka Amrit Mahotsav, the Department of Justice kicked-off the week- long “Tele-Law on Wheels” campaign from 8th to 14th November, 2021. As part of this campaign, a series of activities are being undertaken to empower people through pre-litigation advice for rightfully claiming their entitlements and for timely redressal of their difficulties.

Dedicating this one week for ensuring Justice for All by digital legal empowerment of the needy and disadvantaged would be another one in the series of Azadi ka Amrit Mahotsav events which was launched by the Hon’ble Prime Minister, Shri Narendra Modiji to realize the dreams of progressive and New India and to celebrate the glorious history of our people, culture and achievements.

 A special Login week is being organized throughout the country for encouraging those in need to seek legal advice and consultation through tele-and video conferencing facilities by urging them to visit their nearest Common Service Centers(CSCs) offering Tele-Law services. These CSCs have been branded as Kanooni Salah Sahahyak Kendra (कानूनी सलाह सहायक केंद्र”) for this purpose. The Tele-Law on Wheels Campaign is being conducted with aid of CSC e Governance which has a network of 4lakth + digitally enabled CSCs across the country.

Special Mobile vans displaying the message of the Campaign has also been rolled out with the first one being flagged off by Secretary, Department of Justice from the premises of Department of Justice. These vans would travel a distance of 30-40 kilometres daily, distribute Information Leaflets on Tele-Law, broadcast films and Radio jingle about the Tele-Law Services etc. Simultaneously SMS in Hindi and English would be pushed sensitizing villagers to register their cases or matters under Tele-Law for legal advice, consultation and information.

The key highlight of the week-long Campaign would be the launch of the Citizens’ Tele-Law Mobile App by Minister of Law and Justice and Minister of State for Law and Justice on 13th November, 2021. This App would connect the beneficiaries directly with Panel Lawyers offering legal advice and consultation. Post this launch this Mobile App (in Android version) would be available on Google Playstore for download. The event would also witness the felicitation of 126 Frontline Functionaries including Para Legal Volunteers, Village Level Entrepreneurs, Panel Lawyers and State Coordinators chosen from six different zones viz (North, South, East, West, North- east and Central zones) whose relentless endeavors have successfully given last mile connectivity to the legal aid outreach.

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VRRKRelease Id :-1770010

GST में ITC कैसे, कब और कब तक क्लेम कर सकते हैं? II GST ITC-Eligibility, Conditions & Time period of ITC claim

Dear Sir,

Please find below YouTube video link on GST में ITC कैसे, कब और कब तक क्लेम कर सकते हैं? II GST ITC-Eligibility, Conditions & Time period of ITC claim
https://youtu.be/e7xxM8LOfto

Regards,
Bipul Kumar

Judiciary updates (Direct Tax, Indirect tax & Corporate Laws)-07 Nov 2021

HC directs dept to refund GST paid under wrong head by petitioner

SBI Cards & Payment Services Limited Vs Union of India (Punjab & Haryana High Court) dated 08/10/2021

Section 148 reassessment based on mere change of opinion is invalid

Jagannath Promoters & Builders Vs DCIT (Orissa High Court) dated 26/10/2021

Capital subsidy liable to be excluded from computation of book profit

Sunrise Biscuit Co. Pvt. Ltd. Vs ITO (ITAT Gauhati) dated 28/10/2021

No bail to person alleged of fraudulently inducing people to invest in Crypto Currency Chit Fund

Grant of bail was refused as applicant did not return the amounts due to the complainants and there was a breach of trust and faith and was against the national economy and national interest, whereby a large number of innocent investors had been duped of their hard-earned money.

Umesh Verma Vs State (Delhi High Court) dated 26/10/2021

Judgment cannot be given based on evidence recorded in other trial despite same offence

A.T. Mydeen and Another Vs Assistant Commissioner, Customs Department (Supreme Court of India) dated 29/10/2021

There Cannot Be Total Ban on Firecrackers : SC

Goutam Roy And Anr. Vs State of West Bengal & Ors. (Supreme Court of India) dated 01/11/2021

Regards

Bipul Kumar

Income Tax Department conducts searches on Urban Credit Cooperative Bank in Maharashtra (MoF Press Release dated 06 Nov 2021)

The Income Tax Department carried out search and seizure operations on 27.10.2021 at the Headquarter and one of the branches of an Urban Credit Cooperative Bank located in Maharashtra. The residence of the Chairman and one of its directors were also covered.

The analysis of bank data on Core Banking Solutions (CBS) and the statements of key persons recorded during the search action has revealed the glaring irregularities in opening the bank accounts. More than 1200 new bank accounts were opened in the said branch without PAN. The investigations have revealed that these bank accounts were opened without following KYC norms and all account opening forms are filled in by the bank staff and they have put their signature/thumb impressions.

In these accounts, multiple cash deposits each of exact denomination of Rs. 1.9 lakh, were made totalling to Rs. 53.72 crore.  Out of these, more than 700 bank accounts have been identified which were opened in series, where cash deposits of more than Rs. 34.10 crore were made immediately within 7 days of opening of bank accounts mainly during the period August, 2020 to May, 2021. These deposits have been structured to avoid mandatory PAN requirement for cash deposits over Rs. 2 lakh. The money has been subsequently converted into fixed deposits in the same branch.

Local enquiries in few cases of such account holders, has demonstrated that these persons are not aware of cash deposits in the bank and categorically denied any knowledge of such bank accounts or even the fixed deposits.

The Chairman, CMD and the manager of the branch, could not explain the source of cash deposits and accepted that these were done at the behest of one of the directors of the bank, who is a prominent local businessman engaged in trading of grains.

 On the basis of the evidences gathered and statements recorded, the entire amount of Rs. 53.72 crore has been restrained. 

Further investigations are in progress.

New Annual Information Statement (AIS)

Dear Sir,

Please find below YouTube video link on New Annual Information Statement (AIS)
https://youtu.be/mRy13ukmO3o

New Annual Information Statement (AIS)

🖊️ Logic & Legal provisions of new AIS

🖊️ Format of AIS

🖊️ Objective of AIS

🖊️ AIS Features

🖊️ AIS Preparation

🖊️ AIS feedback & processing System

🖊️ How it will effect taxpayers?

🖊️ FAQs on AIS

Regards,
Bipul Kumar

Income Tax Department conducts searches in Rajasthan (MoF Press Release dated 04 Nov 2021)

The Income Tax Department carried out search and seizure operations in border districts of Rajasthan on 28.10.2021 covering 33 premises at different locations, where the groups are carrying on business of real estate, sand-mining and liquor trade.

During the course of the search, documentary evidences were found and seized indicating receipt of unaccounted cash as well as utilisation of the same towards purchase of land. Further, documentary evidence of cash sales of sand has been found and seized. The analysis of the same reveals that part of these cash sales have not been recorded in the books of accounts.

The search operation has resulted in seizure of unaccounted cash of Rs. 2.31 crore and unexplained jewellery of Rs. 2.48 crore.

The search action has led to the detection of total unaccounted income exceeding Rs.50 crore. Out of the above, the assessees have admitted unaccounted income exceeding Rs. 35 crore and offered to pay due taxes on the same.

Further investigations are in progress.

Income Tax Department conducts searches in Jammu & Kashmir and Punjab (MoF Press Release dated 05 Nov 2021)

Section 80IB of the Income-tax Act, 1961 has been found to be not genuine and is estimated to be around Rs. 30 crore.

 Excess stock to the tune of Rs. 40 crore has been found.

Benami proprietary concern

 Detection of unaccounted income exceeding Rs. 200 crore. 

 Fourteen bank lockers have been placed under restraint.

The Income Tax Department carried out search and seizure operations on 28.10.2021 in the cases of persons engaged in the business of processing & trading of dry fruits. 

During the search operations, many incriminating documents including digital evidence were found and seized indicating that the assessee group has been inflating purchases of dry fruits exorbitantly over the years. Seized evidences also support the fact that unaccounted cash has been received back by the directors of the group against payment made for such purchases. Evidence was also unearthed that one of the assessees was maintaining a parallel set of books of accounts and there was a huge difference between the sales and purchases recorded in both the sets of books of accounts. One of the groups is also indulging in unaccounted purchases and sales of dry fruits.  Excess stock to the tune of Rs. 40 crore has been found. The analysis of seized material and evidence collected reveals that one of the groups is also running a benami proprietary concern.  

In both the groups, the claim of deduction under section 80IB of the Income-tax Act, 1961 has been found to be not genuine and is estimated to be around Rs. 30 crore. 

The search action has resulted in seizure of unaccounted cash of Rs. 63 lakh and jewellery of Rs. 2 crore. Fourteen bank lockers have been placed under restraint. The search action has led to the detection of unaccounted income exceeding Rs. 200 crore. 

Further investigations are in progress.

Judiciary updates (GST)- 05 Nov 2021

TDS under GST applicable if services not exempt from GST

In re Tukaram Pundalik Borade (GST AAR Maharashtra) dated 02/11/2021

Bail granted to person accused of availing ITC fraudulently

Krishan Lal Chopra Vs Director General of GST Intelligence (Punjab and Haryana High Court) dated 28/10/2021

GST advance rulings are applicable within the particular state only

In re Kamdhenu Agrochem Industries LLP (GST AAR Maharashtra) dated 02/11/2021

Society claiming INR 7500 exemption cannot avail ITC

 In re Vishal Cooperative Housing Society Limited (GST AAR Maharashtra) dated 02/11/2021

No GST exemption on renting of property to Govt for under-privileged Girl in absence of Proper Info: AAR

In re Meerabai Tukaram Borade (GST AAR Maharashtra) dated 02/11/2021

Manpower Agency cannot escape GST liability on Gross amount by showing Services Charges and Salary/Wages Separately

 In re Prodip Nandi (GST AAR West Bengal) dated 08/10/2021

Regards,

Bipul Kumar

Centre releases Rs. 17,000 crore as GST Compensation to States/UTs (MoF Press Release dated 03rd Nov 2021)

The Central Government has released GST Compensation of Rs. 17,000 crore to States today. The total amount of compensation released to the States/UTs so far including the aforesaid amount during the year 2021-22 is Rs. 60,000 crore. As per the decision of GST Council, back to back loan of Rs.1.59 lakh crore has already been released in lieu of shortfall in release of GST Compensation during the current financial year

The table below shows the State-wise GST compensation released to States/UTs on 3rd November  2021:

Centre releases Rs. 17,000 crore as GST Compensation to States/UTs

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1769214&RegID=3&LID=1

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