Change of email and mobile number of the authorized signatory by taxpayers with assistance from the jurisdictional tax officer under GST system

Complaints are being received from taxpayers that the intermediaries who were authorized by them to apply for registration on their behalf had used their own email and mobile number during the process. They are now not sharing the user credentials with the taxpayer on whose behalf they had done the registration in the first place and the taxpayer is at their mercy.

With a view to address this difficulty of the taxpayer, a functionality to update email and mobile number of the authorized signatory is available in the GST System. The email and mobile number can be updated by the concerned Jurisdictional tax authority of the taxpayer as per the following procedure:

Steps to be followed:-

• Taxpayer is required to approach the concerned jurisdictional Tax Officer to get the password for the GSTIN allotted to the business.
• https://www.gst.gov.in,>. Allotted jurisdiction is displayed in red text>
• Taxpayer would be required to provide valid documents to the tax officer as proof of his/her identity and to validate the business details related to his GSTIN.
• Tax officer will check if the said person is added as a Stakeholder or Authorized Signatory for that GSTIN in the system.
• Tax officer will upload necessary proof on the GST Portal in support to authenticate the activity.
• Tax officer will enter the new email address and mobile phone number provided by the Taxpayer.
• After upload of document, Tax officer will reset the password for the GSTIN in the system.
• Username and Temporary password reset will be communicated to the email address as entered by the Tax Officer.
• Taxpayer need to login on GST Portal https://www.gst.gov.in/ using the First time login link.
• After first time login with the Username and Temporary password that was emailed to him, system would prompt the taxpayer to change username and password. The said username and password can now be used by the taxpayer.

Roll-out of e-Way Bill system for Intra-State movement of goods in the States of Andhra Pradesh, Gujarat, Kerala, Telangana and Uttar Pradesh from 15th April, 2018.

As per the decision of GST Council, e-Way Bill system for all inter-State movement of goods has been rolled-out from 01st April, 2018. E-way Bill system for Intra-State movement of goods in the State of Karnataka is also operational from the said date. E-Way Bills are getting generated successfully and till 09th April, 2018 more than sixty three lakh e-Way Bills have been successfully generated.

It is hereby informed that e-Way Bill system for Intra-State movement of goods would be implemented from 15th April, 2018 in the following States:-

(i) Andhra Pradesh

(ii) Gujarat 

(iii) Kerala

(iv) Telangana

(v) Uttar Pradesh

With the roll-out of e-Way Bill system in these States, it is expected that trade and industry will be further facilitated insofar as the transport of goods is concerned, thereby eventually paving the way for a nation-wide single e-Way Bill system. Trade and industry and transporters located in these States may obtain registration/ enrolment on e-Way Bill portal namely https://www.ewaybillgst.gov.in at the earliest without waiting for the last date.

CBDT notifies Income Tax Return Forms for Assessment Year 2018-19

The Central Board of Direct Taxes(CBDT) has notified Income Tax Return Forms (ITR Forms) for the Assessment Year 2018-19. For Assessment Year 2017-18, a one page simplified ITR Form-1(Sahaj) was notified. This initiative benefited around 3 crore taxpayers, who have filed their return in this simplified Form. For Assessment Year 2018-19 also, a one page simplified ITR Form-1(Sahaj) has been notified. This ITR Form-1 (Sahaj) can be filed by an individual who is resident other than not ordinarily resident, having income upto Rs.50 lakh and who is receiving income from salary, one house property / other income (interest etc.). Further, the parts relating to salary and house property have been rationalised and furnishing of basic details of salary (as available in Form 16) and income from house property have been mandated.

ITR Form-2 has also been rationalised by providing that Individuals and HUFs having income under any head other than business or profession shall be eligible to file ITR Form-2. The Individuals and HUFs having income under the head business or profession shall file either ITR Form-3 or ITR Form-4 (in presumptive income cases).

In case of non-residents, the requirement of furnishing details of any one foreign Bank Account has been provided for the purpose of credit of refund. Further, the requirement of furnishing details of cash deposit made during a specified period as provided in ITR Form for the Assessment Year 2017-18 has been done away with from Assessment Year 2018-19.

There is no change in the manner of filing of ITR Forms as compared to last year. All these ITR Forms are to be filed electronically. However, where return is furnished in ITR Form-1 (Sahaj) or ITR-4 (Sugam), the following persons have an option to file return in paper form:-

(i) an Individual of the age of 80 years or more at any time during the previous year; or

(ii) an Individual or HUF whose income does not exceed five lakh rupees and who has not claimed any refund in the Return of Income. 

The notified ITR Forms are available on the official website of the Department www.incometaxindia.gov.in.

Linking of SWIFT to the Core Banking System

Department of Economic Affairs has apprised that in pursuance to the announcement made in the Budget Speech 2018-19 (para75), a Steering Committee on Fintech related issues was constituted to consider various issues relating to development of Fintech space in India with a view to make Fintech related regulations more flexible and generate enhanced entrepreneurship in an area where India has distinctive comparative strengths vis-a-vis other emerging economies and to focus on how Fintech can be leveraged to enhance financial inclusion of MSMEs. The first meeting of committee was held on 10.3.2018.

Reserve Bank of India (RBI) has informed that it has reiterated its instructions regarding “Cyber Security Controls - SWIFT” and “Cyber Security Controls – frauds related to trade finance transactions – misuse of SWIFT”, and mandated banks to implement the prescribed measures for strengthening the SWIFT operating environment in banks within the stipulated deadlines.

These instructions aim to strengthen SWIFT-related operational controls and reinforce fraud prevention and detection frameworks in place in banks, with a view to avoid misuse of SWIFT.

Clarity on E-Way Bill

Government has received various representations from Association of Exporters as well as Corporate Bodies seeking clarity on e-way bill regarding movement of goods from dry-ports to sea ports and from SEZs within the zone. Some of the queries regarding applicability of e-way bill provisions are as below:

• Exemption for export consignments during custom bonded movement from one airport o another;
• Movement from SEZ/FTWZ (Free Trade Warehousing Zone) to port and vice versa;
• Parity in movement of export cargo with import cargo.

To clarify this issue the Central Goods and Services tax Rules, 2017 (CGST Rules) have been amended vide notification No. 12/2018-Central Tax dated 07.03.2018. As per sub-clauses (c) and (h) of sub-rule (14) of rule 138 of the CGST Rules, no e-way bill is required to be generated where the goods are being transported:

• from the customs port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs;
• under customs bond from an inland container depot or a container freight station to a customs port, airport, air cargo complex and land customs station, or from one customs station or customs port to another customs station or customs port;
• under customs supervision or under customs seal.

Rates of small savings schemes

The revised Rates of Interest on various Small Savings Schemes Including Saving Deposits, Public Provident Fund, Kisan Vikas Patra and Sukanya Samriddhi Accounts Scheme for the 4^th Quarter of financial year 2017-18 is as below:

Instrument	Rate of interest w.e.f. 01.01.2018 to 31.03.2018
Savings Deposit	4.0
1 Year Time Deposit	6.6
2 Year Time Deposit	6.7
3 Year Time Deposit	6.9
5 Year Time Deposit	7.4
5 Year Recurring Deposit	6.9
5 Year Senior Citizen Savings Scheme	8.3
5 Year Monthly Income Account	7.3
5 Year National Savings Certificate	7.6
Public Provident Fund Scheme	7.6
Kisan Vikas Patra	7.3 (will mature in 118 months)
Sukanya Samriddhi Account Scheme	8.1

Tribunal had no jurisdiction to decide penalty on merits by itself: Gujarat High Court

State of Gujarat v. Hitarth Corporation - [2018] 91 taxmann.com 115 (Gujarat) 

The department imposed the penalty on the assessee. The assessee filed an appeal before the Appellate Commissioner against the penalty order. The Appellate Commissioner dismissed the appeal of assessee on the ground that the assessee did not fulfil the requirement of pre-deposit. The assessee filed an appeal in the Tribunal and informed the Tribunal that the entire amount of tax, interest and pre-deposit had been deposited. The Tribunal deleted such penalty imposed by Assessing Authority. The revenue filed an appeal in the High Court. 

The High Court held that the Tribunal had no right to delete the penalty levied by department as the appeal was filed only for pre- deposit issue. Therefore, the impugned order passed by Tribunal was to be set aside.