Communique

July 2021
93rd Volume

Aino Management Consultancy Private Limited

Mail ID: [email protected]
Contact: 7353444222
Website: www.ainoglobal.com
Dear Professional colleague
Our working environment has changed during the past 18 months, as we learn day by day to be
in tune with all the professional challenges and endeavours in these testing times. We as
professionals work relentlessly to ensure that we are positive towards our work ethics and our
journey to improve as a human being. Determination and hard work always pave the way for
all to achieve their respective goals in life, we all together shall contribute to India’s growth and
success.

“Happiness is the essence of a strong relationship” and we at AINO forever strive to ensure that
we have the strongest of Bonds with all the people associated with our excellent working
environment.

We are Glad to bring you, our 93rd edition of AINO Monthly Communique which
summarizes Statutory due dates, Company laws, GST and latest updates which are helpful
to our growing working environment.

For 2021, Government of India have rolled out important changes and Amendments which are
incorporated in our monthly release. I hope that 2021-22 brings success and prosperity to
everyone. AINO wishes all of you a very happy and a safe 2021-22.

We hope you find this journal informative and of continued interest. We welcome
your feedback at [email protected]

With warm Regards,

Sudheer Javali

CEO
 Contents
i. Statutory & Tax Compliance Calendar for
July, 2021
ii. Companies Act, 2013
iii. Income Tax Act, 1961.
iv. Goods and Service Tax [GST]

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I. Statutory & Tax Compliance Calendar for
July, 2021

GST compliance calendar for July 2021

Sl. No Particulars Form Due Date

1 Summary of Tax Deducted at Source (TDS) and

deposited under GST law
GSTR-7 10-07-2021
Summary of Tax Collected at Source (TCS) and
2
deposited by e-commerce operators under GST laws

Summary of outward supplies where turnover

3 exceeds Rs.5 crore or have not chosen the QRMP GSTR – 1 10-07-2021
scheme for the quarter of Apr-Jun 2021

Summary of outward supplies by taxpayers who GSTR-1

4
have opted for the QRMP scheme in June 2021 (Quarterly)
13-07-2021
Details of ITC received and distributed by an ISD in
5 GSTR 6
June 2021

Quarterly challan-cum-statement to be furnished by CMP-08

6 18-07-2021
composition taxpayers (quarterly)
Summary of outward taxable supplies and tax
7 payable by a non-resident taxable person for June GSTR – 5
2021
Summary of outward taxable supplies and tax
8 payable by a person supplying OIDAR services for GSTR-5A
June 2021 20-07-2021
Summary of outward supplies, ITC claimed, and net
tax payable for taxpayers with turnover more than
9 GSTR-3B
Rs.5 crore in the last FY or have not chosen the QRMP
scheme for the quarter of Apr- Jun 2021

Summary of outward supplies, ITC claimed, and net

GSTR-3B
10 tax payable by taxpayers who have opted for the 22-07-2021
(Quarterly)
QRMP scheme for Apr-Jun 2021
Summary of goods sent to/received from a job- ITC-04
11 25-07-2021
worker (quarterly)

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 Compliances Calendar for ESI and PF & PT Payments
Sl. No Particulars Statute Due Date

1. Professional Tax Payment for June, 2021 PT 20-07-2021

2. PF Payment for June, 2021 ECR 15-07-2021
3. ESIC Payment for June, 2021 ESI 15-07-2021

Compliances Calendar for Income Tax Act

Sl. No Particulars Due Dates
1. For deposit of Tax deducted/collected for the month of June 2021, 07-07-2021
Due date for deposit of TDS for the period April 2021 to June 2021 when
Assessing Officer has permitted quarterly deposit of TDS under section 192,
194A, 194D or 194H
2. Quarterly statement in respect of foreign remittances (to be furnished by 15-07-2021
authorized dealers) in Form No. 15CC for quarter ending June, 2021,

Quarterly statement of TCS deposited for the quarter ending 30 June, 2021,

Due date for furnishing statement in Form no. 3BB by a stock exchange in
respect of transactions in which client codes been modified after registering
in the system for the month of June, 2021

3. Quarterly TCS certificate in respect of tax collected by any person for the 30-07-2021
quarter ending June 30, 2021,

Due date for furnishing of challan-cum-statement in respect of tax deducted

under section 194-IA and 194-IB for the month of June, 2021,

Due date for furnishing of challan-cum-statement in respect of tax deducted

under Section 194M for the month of June, 2021

4. Quarterly statement of TDS deposited for the quarter ending June 30, 2021 31-07-2021

5. Return of income for the assessment year 2021-22 for all assesses other than 31-07-2021
(a) corporate-assesses or (b) non-corporate assesses (whose books of account
are required to be audited) or (c) partner of a firm whose accounts are
required to be audited or the spouse of such partner if the provisions of
section 5A applies or (d) an assesses who is required to furnish a report under
section 92E.

Quarterly return of non-deduction of tax at source by a banking company

from interest on time deposit in respect of the quarter ending June 30, 2021.

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II. Companies Act, 2013.

1. New Form – AGILE-PRO-S

The Ministry of Corporate Affairs (MCA) has notified new E-form AGILE-PRO-S vide The
Companies (Incorporation) Fourth Amendment Rules, 2021. E-form AGILE-PRO-S has been
introduced for easy company incorporation along with other registrations of the GSTIN, ESIC,
EPFO Profession tax Registration, Opening of bank account and Shops and Establishment
Registration.
https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MjAxMzc=&docCategory=Noti
ficationsAndCirculars&type=download

2. MCA allows Board Meeting via Video Conferencing permanently

The said amendment has been notified to delete the provision related to restriction of conducting
Board Meeting through Video Conferencing/Other Audio-Visual Means for selected agenda
items.
To curb the difficulties for corporates to conduct Board meetings during an outbreak of the Covid
pandemic, MCA had granted relaxation from the above restriction in a phased manner up to
June 30, 2021. Now the said restriction is permanently deleted.
https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MTkxMzU=&docCategory=Notif
icationsAndCirculars&type=download

3. Companies (Indian Accounting Standards) Amendment Rules, 2021

The Ministry of Corporate Affairs (MCA) vide Notification dated 18 June 2021 has issued new
Companies (Indian Accounting Standard) Amendment Rules, 2021 in consultation with the
National Financial Reporting Authority (NFRA).

The notification states that these rules shall be applicable with the immediate effect from the date
of the notification. This means that the amendments are effective for financial year ended 31
March 2022 onwards and also for interim financial periods i.e., quarters ending 30 June 2021, 30
September 2021, 31 December 2021.

The amendments are intended to keep the Ind ASs aligned with the amendments made in IFRS.
While, largely, the amendments are clarificatory or editorial in nature, there are significant
amendments relating to extension of Covid 19 related practical expedient under Ind AS 116 for
lease concessions and practical expedient due to the interbank offered rate (IBOR) interest rates
for financial instruments.

The amendments to Ind ASs are in terms of insertion of certain paragraphs, substituting
definition of certain terms used in the standard along with aligning the bare text of Standards
with Conceptual Framework of Financial reporting under Ind ASs.
https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MjA0NzM=&docCategory=Notif
icationsAndCirculars&type=download

4. Relaxation on levy of additional fees in filing of certain Forms

MCA vide General circular no. 11/2021 dated 30th June, 2021 decided to grant additional time
up to 31st August, 2021 to Companies/LLPs to file forms under the Companies Act, 2013/ LLP
Act, 2008 (other than CHG-I Form, CHG-4 Form and CHG-9 Form) which were/are due for filing
during 1st April, 2021 to 31st July, 2021 without any additional fees. Accordingly, only normal

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 fees shall be levied up to 31st August, 2021 for forms (other than charge related forms referred
above) required to be filed during 1st April, 2021 to 31st July, 2021.

https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MjE2OTA=&docCategory=Notifi
cationsAndCirculars&type=download

5. Relaxation of time for filing forms related to creation or modification of charges under
the Companies Act, 2013
MCA vide General circular no. 12/2021 dated 30th June, 2021 decided to substitute the figures
"31.05.2021" and "01.06.2021" wherever they appear in the General Circular No.07/2021 dated
03.05.2021 with the figures "31.07.2021" and “01.08.2021" respectively. That means, the period
beginning from 01.04.2021 and ending on 31.07.2021 shall not be counted for filing CHG-1 and
CHG-9 where the due date for filing has not expired as on 01.04.2021 or where the due date falls
between 01.04.2021 to 31.07.2021.

https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MjE2ODk=&docCategory=Not
ificationsAndCirculars&type=download

List of forms for which additional fee waiver shall be made available/ extended in line with
the Circular No. 11/2021 and 12/2021
S.NO. E-FORMS FORM DESCRIPTION

1. Form CHG-1 Application for registration of creation, modification of charge (other than
those related to debentures).

2. Form CHG-9 Application for registration of creation or modification of charge for

debentures or rectification of particulars filed in respect of creation or
modification of charge for debentures.

3. Form ADT- 1 Information to the Registrar by company for appointment of auditor.

4. Form INC – 22 Notice of Situation or Change of situation of Registered Office of the

Company.

5. Form NDH-3 Return of Nidhi Company for the half year ended.

6. Form FC-4 Annual Return of a Foreign Company.

7. Form MSC-3 Return of dormant companies.

8. Form INC – 27 Conversion of public company into private company or private company
into public company.

9. Form NDH-2 Application for extension of time.

10. Form IEPF-3 Statement of shares and unclaimed or unpaid dividend not transferred to
the Investor Education and Protection Fund.

11. Form AOC-4 Form for filing financial statement and other documents with the Registrar.

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S.NO. E-FORMS FORM DESCRIPTION

12. Form AOC – 4 Form for filing financial statement and other documents with the Registrar
NBFC for NBFCs.

13. Form AOC – 4 Form for filing XBRL document in respect of financial statement and other
XBRL documents with the Registrar.

14. Form MGT – 7 Form for filing annual return by a company.

15. LLP Form – 3 Information with regard to limited liability partnership agreement and
changes, if any, made therein.

16. LLP Form – 11 Annual Return of Limited Liability Partnership (LLP)

17. Form DIR – 11 Notice of resignation of a director to the Registrar.

18. Form MGT – 14 Filing of Resolutions and agreements to the Registrar.

19. Form INC – 20A Declaration for commencement of business.

20. Form MGT – 15 Form for filing Report on Annual General Meeting.

21. Form PAS – 6 Reconciliation of Share Capital Audit Report (Half-yearly)

22. Form AOC-4 CFS Form for filing consolidated financial statements and other documents with
NPFC the Registrar for NBFCs.

23. Form AOC-4 CFS Form for filing consolidated financial statements and other documents with
the Registrar.

24. Form FC-1 Information to be filed by foreign company.

25. Form FC-2 Return of alteration in the documents filed for registration by foreign
company.

26. Form PAS – 3 Return of allotment.

27. Form MR – 1 Return of appointment of MD/WTD/Manager.

28. Form INC – 4 One Person Company- Change in Member/Nominee.

29. Form INC – 6 One Person Company- Application for Conversion.

30. Form IEPF-5 e Company e Verification Report.

Verification Report

31. Form INC – 20 Intimation to Registrar of revocation/surrender of license issued under

section 8.

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S.NO. E-FORMS FORM DESCRIPTION

32. Form NDH-4 Application for declaration as Nidhi Company and for updating of status
by Nidhi’s.

33. Form IEPF-4 Statement of shares transferred to the Investor Education and Protection
Fund.

34. Form GNL-3 Details of persons/directors/charged/specified.

35. Form MGT-6 Persons not holding beneficial interest in shares.

36. Form GNL-2 Form for submission of documents with the Registrar.

37. Form ADT- 3 Notice of Resignation by the Auditor.

38. Form DIR – 12 Particulars of appointment of Directors and the key managerial personnel
and the changes among them.

39. Form SH – 11 Return in respect of buy-back of securities.

40. Form CRA – 4 Form for filing Cost Audit Report with the Central Government.

41. FORM BEN-2 Return to the Registrar in respect of declaration under section 90

42. Form IEPF-1 Statement of amounts credited to Investor Education and Protection Fund

43. Form IEPF-7 Statement of amounts credited to IEPF on account of shares transferred to
the fund

44. FORM AOC-5 Notice of address at which books of account are maintained

45. FORM SH – 7 Notice to Registrar of any alteration of share capital

46. FORM CRA – 2 Form of intimation of appointment of cost auditor by the company to
Central Government.

47. FORM – 15 Notice for change of place of registered office

48. FORM – 4 Notice of appointment, cessation, change in name/ address/designation of

a designated partner or partner. and consent to become a
partner/designated partner

49. FORM – 5 Notice for change of name

50. FORM – 12 Form for intimating other address for service of documents

51. FORM – 22 Notice of intimation of Order of Court/ Tribunal/CLB/ Central

Government to the Registrar

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 S.NO. E-FORMS FORM DESCRIPTION

52. FORM – 29 LLP Notice of (A) alteration in the certificate of incorporation or registration; (B)
alteration in names and addresses of any of the persons authorised to accept
service on behalf of a foreign limited liability partnership (FLLP) (C)
alteration in the principal place of business in India of FLLP (D) cessation
to have a place of business in India

53. FORM – 27 LLP Form for registration of particulars by Foreign Limited Liability Partnership
(FLLP)

54. DPT – 3 Return of deposits.

55. IEPF – 2 Statement of unclaimed or unpaid amounts.

56. NDH – 1 Annual accounts along with the list of all principal places of business in
India established by foreign company

57. FC – 3 Return of Statutory Compliances

III. Income Tax Act, 1961

1. CBDT amends TDS Rule 31A & Annexures to Form 26Q, 27EQ, 27Q
CBDT has amended Rule 31A of Income Tax Rules, 1962, Form 26A, form 26Q and following
annexures to Form 26Q i.e., Deductee/Payee Wise Break Up of TDS, Form 27EQ, annexures to
Form 27EQ – Party Wise Break Up of TCS, Form 27Q and annexures to Form 27Q-Deductee Wise
Break Up of TDS vide Notification No. 71/2021-Income Tax, Dated: June 08, 2021.
https://www.incometaxindia.gov.in/communications/notification/notification_71_2021.pdf

2. Compliance Check Functionality for Section 206AB & 206CCA

Finance Act 2021, Section 206AB and 206CCA are inserted in the Income-tax Act,1961 (effective
from 1st July 2021). These sections impose a higher TDS/TCS rate on the ‘Specified Persons’, as
defined in the new sections.

In view of the above, Income Tax Department has facilitated a new functionality ‘Compliance
Check for Section 206AB & 206CCA ‘to facilitate tax deductors/collectors to verify if a person is
a ‘Specified Person’ as per section 206AB & 206CCA. This functionality is made available through
Reporting Portal of Income-tax Department (https://report.insight.gov.in).
https://www.incometaxindia.gov.in/communications/notification/notification01_2021-
compliance-check-functionality.pdf

3. Cost Inflation Index for F.Y 2021-22

CII for Financial Year 2021-22 has been notified by the department as “317”. The Notification
shall come into force with effect from 1st day of April, 2022.
https://www.incometaxindia.gov.in/communications/notification/notification_73_2021.pdf

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 4. Government Grants Further Extension in Timelines of Compliances.
The CBDT has again extended the due dates for certain compliances and has also announced to
provide tax exemption for the expenditure incurred by the taxpayers on COVID-19 treatment.
Further, the ex-gratia or any compensation received by the family members of any person who
succumbed to COVID-19 will be exempt from tax.

Section Particulars Original Due Due date New Due

Date extended by dates
the TLA 2020
read with
previous
notifications
Sections 10(23C), Filing of application for 30-06-2021 - 31-08-2021
12AB, 35, 80G registration/provisional
registration/intimation/approval/pro
visional approval of Trust, institutions
or Research Associations, etc.
Section 54 to 54GB Making Investments or completing - - 30-09-2021
construction/purchase for claiming
deduction from capital gains

(The extension has been given in those

cases where the due date falls between
01-04-2021 to 29-09-2021).
Rule 37BB Quarterly Statement in respect of 15-07-2021 - 31-07-2021
foreign remittances (to be furnished by
authorized dealers) in Form No. 15CC
for quarter ending June, 2021
Section 167 of the Furnishing of Equalisation Levy 30-06-2021 - 31-07-2021
Finance Act 2016 statement for the Financial Year 2020-21
Section 9A Filing of a statement in Form No. 3CEK 29-06-2021 - 31-07-2021
by an eligible investment fund in
respect of its activities in the financial
year 2020-21
Section 245M (1) Filing of Form No. 34BB to withdraw 27-06-2021 - 31-07-2021
application filed before Settlement
Commission
Section 139AA Linking of Aadhaar number and PAN 31-03-2020 30-06-2021 30-09-2021
Section 139AA PAN to be treated as inoperative due to 31-03-2020 31-03-20203 31-03-20203
read with Rule non-linking it with Aadhaar number
114AAA
Direct Tax Vivad Payment of tax without additional - 30-06-20214 31-08-2021
se Vishwas Act, charge
2020
Direct Tax Vivad Payment of tax with additional charge - - 31-10-2021
se Vishwas Act,
2020

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 Section Particulars Original Due Due date New Due
Date extended by dates
the TLA 2020
read with
previous
notifications
Section 153/153B Passing of order for assessment or reassessment by AO
Cases where on account of various - 30-06-2021 30-09-2021
extension notifications, the due date is
getting expired on 31-03-2021.
Cases where due date is getting expired 31-03-2021 30-09-2021 30-09-2021
on 31-03-2021 without giving effect of
any extension notification.
Section 144C (2) Filing of objections to DRP and AO 01-06-2021 or - 31-08-20215
thereafter
Section 168 of the Sending intimation of processing of Equalisation Levy
Finance Act 2016 (The extension has been given in those - 30-06-2021 30-09-2021
cases where the due date falls between
20-03-2020 to 31-03-2021)
Imposition of penalty
Chapter XXI of the (The extension has been given in those - 30-06-2021 30-09-2021
Income-tax Act cases where the due date falls between
specified period) (Due date (Due date
falls between falls between
20-03-2020 to 20-03-2020 to
29-06-2021) 29-09-2021)
Rule 114B/114C Upload the declarations received from 15-07-2021 - 31-08-2021
recipients in Form No. 15G/15H during
the quarter ending June, 2021
Section 200 read Furnishing of TDS Statement for the 4th 31-05-2021 30-06-2021 15-07-2021
with Rule 31A quarter of the Financial Year 2020-21
Section 203 read Issue of TDS certificate in form 16 in 15-06-2021 15-07-2021 31-07-2021
with Rule 31 respect tax deducted from the salary
paid during the Financial Year 2020-21
Section 115UB read Furnishing of statement (in Form No. 15-06-2021 30-06-2021 15-07-2021
with Rule 12CB 64D) of income paid or credited by an
investment fund to its unit holder for
the Previous year 2020-21
Section 115UB read Furnishing of statement (in Form No. 30-06-2021 15-07-2021 31-07-2021
with Rule 12CB 64C) by Alternative Investment Fund
(AIF) to units’ holders in respect of
income distributed during the previous
year 2020-21

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 Notes
Though the due date for filing of Income-tax Return for the Assessment Year 2021-22 has been extended, but no relief
shall be provided from the interest chargeable under section 234A if the tax liability exceeds Rs. 1 lakh. Thus, if self-
assessment tax liability of a taxpayer exceeds Rs. 1 lakh, he would be liable to pay interest under section 234A from
the expiry of original due dates.

https://incometaxindia.gov.in/Lists/Press%20Releases/Attachments/945/PressRelease_Gove
rnment_grants_further_extension_in_timelines_compliances_25_6_21.pdf

5. Guidelines under section 194Q of Income Tax Act, 1961

Finance Act, 2021 inserted a new section 194Q in the Income-tax Act, 1961 (hereinafter referred
to as "the Act") which takes effect from 1st day of July, 2021. It applies to any buyer who is
responsible for paying any sum to any resident seller for purchase of any goods of the value or
aggregate of value exceeding fifty lakh rupees in any previous year. The buyer, at the time of
credit of such sum to the account of the seller or at the time of payment whichever is earlier, is
required to deduct an amount equal to 0.1% of such sum exceeding fifty lakh rupees as income
tax.
Sub-section (3) of section 194Q of the Act empowers the Board (with the approval of the Central
Government) to issue guidelines for the purpose of removing difficulties. Various
representations have been received by the Board for issuing guidelines for removing certain
difficulties. In exercise of power contained under sub-section (3) of section 194Q of the Act, the
Board, with the approval of the Central Government, hereby issues the following guidelines.
These guidelines at some places have also tried to remove difficulties in implementing the
provisions of section 194-O and sub-section (1H) of section 206C of the Act using power
contained in sub-section (4) of section 194-O of the Act and sub-section (1-I) of section 206C of
the Act.

https://www.incometaxindia.gov.in/communications/circular/circular_13_2021.pdf

6. CBDT grants further relaxation in electronic filing of Income Tax Forms 15CA/15CB
In view of the difficulties reported by taxpayers in electronic filing of Income Tax Forms
15CA/15CB on the portal www.incometax.gov.in, it had earlier been decided by CBDT that
taxpayers could submit Forms 15CA/15CB in manual formatto the authorized dealer till 30th
June, 2021.
It has now been decided to extend the aforesaid date to 15th July, 2021. In view thereof, taxpayers
can now submit the said Forms in manual format to the authorized dealers till 15th July, 2021.
https://www.incometaxindia.gov.in/Lists/Press%20Releases/Attachments/946/PressRelease
_CBDT_grants_further_relaxation_in_electronic_filing_of_ITForms_15CA_15CB_5_7_21.pdf

7. New Compliances w.e.f 1st July, 2021

A. Section 194Q
These words feature in Memorandum to Finance Bill, 2021 in relation to Sec. 194Q which has
been inserted vide the Finance Act, 2021 w.e.f. 01-07-2021. The irony behind these words lies in
the fact that those taxpayers on whom the provisions shall be applicable shall be forced to
contemplate on the best practices to successfully implement the compliances required and to
avoid any lapse that may ensue for non-compliance due to this section.

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 Key Highlights of Sec. 194-Q
(a) It requires deduction of tax at source by a purchaser of goods whose turnover
(exclusive of GST) for FY 2020-21 has crossed Rs. 10 Crs.

(b) The seller should be a resident of India. In other words, import purchases are not
covered in this new section.

(c) TDS @ 0.1% shall apply if purchases from a seller exceeds Rs. 50 Lacs during a
financial year.

(d) If a particular transaction qualifies for deduction of TDS u/s 194-Q, then the same
transaction shall not attract TCS u/s 206C(1H)

https://incometaxindia.gov.in/pages/acts/income-tax-act.aspx

B. Section 206AB. – Summarized as follows.

Applicability When a deductee fails to furnish a return for the specified period and the
aggregate amount of tax deducted or collected during such specified period
exceeds the specified limit

Rate for Higher of:

deduction
• Twice the rate specified in the relevant provision;
• Twice the rate or rates in force;
• 5%.
Exception In respect of sum/income on which tax is required to be deducted under any of
the following provision:

(a) Section 192

(b) Section 192A

(c) Section 194B

(d) Section 194BB

(e) Section 194LBC

(f) Section 194N

Further, this provision does not apply if the non-resident is not having any PE
in India

https://incometaxindia.gov.in/pages/acts/income-tax-act.aspx

- 12 -
 C. Section 206CCA – Summarized as Follows.

Applicability When collectee fails to furnish the return of income for the specified period and
the aggregate amount of tax deducted or collected during such specified period
exceeds the specified limit

Rate for Higher of:

deduction
• Twice the rate specified in section 206C
• 5%
Exception If the non-resident does not have a PE in India

https://incometaxindia.gov.in/pages/acts/income-tax-act.aspx

IV. Goods and Service Tax [GST]

A. Notifications

Notification No. & Date Link Subject

of Issue

28/2021-Central Tax dated View (126 KB) Seeks to waive penalty payable for non-compliance
30.06.2021 of provisions of Notification No. 14/2020 dated 21st
March 2020 i.e., applicability of Dynamic Quick
Response (QR) Code on B2C invoices and
compliance

27/2021-Central Tax dated View (475 KB) Seeks to make amendments (Fifth Amendment,
01.06.2021 2021) to the CGST Rules, 2017.i.e.,

1. Implementation of rule 36(4) for availing

provisional ITC for tax periods April, May
and June, 2021 in the GSTR 3B shall apply
cumulatively to tax period June, 2021.
2. Earlier in N/N-07/2021, a proviso was
added to allow companies to file the GSTR-
3B u/s 39 and GSTR-1 u/s 37 through EVC
between 27/04/2021 to 31/05/2021. Now
companies can do so up to 31/08/2021

20/2021-Central Tax dated View (313 KB) Seeks to rationalize late fee for delay in furnishing
01.06.2021 of the statement of outward supplies in FORM
GSTR-1.

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 Notification No. & Date Link Subject
of Issue

Late fee payable for GSTR-1 for June 2021 onwards

shall be as follows:

Class of Maximum Amount of tax

Persons Late Fees payable

Registered Rs. 250 Nil

Persons

Registered Rs. 1000 Other than Nil

Persons
having T/o up
to 1.5 crores

Registered Rs. 2,500 Other than Nil

Persons
having T/o
between 1.5
crores to 5
crores

B. Circulars.
1. Circular No. 149/05/2021) GST on supply of food in Anganwadis and Schools: -
As per recommendation of the GST Council, it is clarified those services provided to an
educational institution by way of serving of food (catering including mid- day meals) is exempt
from levy of GST irrespective of its funding from government grants or corporate donations
[under said entry 66 (b)(ii)]. Educational institutions as defined in the notification include
aganwadi. Hence, serving of food to anganwadi shall also be covered by said exemption,
whether sponsored by government or through donation from corporates.

2. Circular No.150/06/2021) GST on the activity of construction of road where considerations are
received in deferred payment (annuity): -
As recommended by the GST Council, it is hereby clarified that Entry 23A of notification
No.12/2017-CT(R) does not exempt GST on the annuity (deferred payments) paid for
construction of roads.

3. Circular No. 151/07/2021) GST on supply of various services by Central and State Board (such
as National Board of Examination): -
a) GST is exempt on services provided by Central or State Boards (including the boards such
as NBE) by way of conduct of examination for the students, including conduct of entrance
examination for admission to educational institution [under S. No. 66 (aa) of notify No.
12/2017-CT(R)]. Therefore, GST shall not apply to any fee or any amount charged by such
Boards for conduct of such examinations including entrance examinations.

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 b) GST is also exempt on input services relating to admission to, or conduct of examination,
such as online testing service, result publication, printing of notification for examination,
admit card and questions papers etc, when provided to such Boards [under S. No. 66 (b) (iv)
of notification No. 12/2017-CT(R)].

c) GST at the rate of 18% applies to other services provided by such Boards, namely of
providing accreditation to an institution or to a professional (accreditation fee or registration
fee such as fee for FMGE screening test) so as to authorise them to provide their respective
services.

4. Circular No. 153/09/2021) GST on milling of wheat into flour or paddy into rice for distribution
by States:
Public Distribution specifically figures at entry 28 of the 11th Schedule to the constitution, which
lists the activities that may be entrusted to a Panchayat under Article 243G of the Constitution.
Hence, said entry No. 3A would apply to composite supply of milling of wheat and fortification
thereof by miller, or of paddy into rice, provided that value of goods supplied in such composite
supply (goods used for fortification, packing material etc) does not exceed 25% of the value of
composite supply. It is a matter of fact as to whether the value of goods in such composite supply
is up to 25% and requires ascertainment on case-to-case basis.

In case the supply of service by way of milling of wheat into flour or of paddy into rice, is not
eligible for exemption under Sl. No. 3 A of Notification No. 12/2017- Central Tax (Rate) dated
28.06.2017 for the reason that value of goods supply in such a composite supply exceeds 25%,
then the applicable GST rate would be 5% if such composite supply is provided to a registered
person, being a job work service (entry No. 26 of notification No. 11/2017- Central Tax (Rate)
dated 28.06.2017). Combined reading of the definition of job-work [section 2(68), 2(94), 22,24, 25
and section 51] makes it clear that a person registered only for the purpose of deduction of tax
under section 51 of the CGST Act is also a registered person for the purposes of the said entry
No. 26, and thus said supply to such person is also entitled for 5% rate.

*****

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