Important Notification & Circulars: January 05

Circular: Customs:

Extending the Single Window Interface for Facilitation of Trade (SWIFT) to Exports

The Central Board of Excise and Customs (“the Board”) has invited reference to its earlier Circulars regarding the Indian Customs Single Window (SWIFT). The project envisages that importers and exporters would electronically lodge their Customs clearance documents at a single point only with the Customs. The required permission, if any, from other regulatory agencies would be obtained online without the importer/exporter having to separately approach these agencies. The Single Window provides the importers/exporters a single point interface for Customs clearance of import and export goods thereby reducing interface with Governmental agencies, dwell time and cost of doing business.

Now, the Board vide Circular No. 1/2017- Customs dated January 4, 2017 has informed that with successful implementation of Single Window Interface for Facilitation of Trade (SWIFT) for imports, it is proposed to implement online-release from Partner Government Agencies (PGAs) for exports from January 5, 2017 onwards as a pilot at Chennai, Delhi and Mumbai Air cargo complexes for CITES/ wildlife items and the procedure regarding the same has been prescribed.

Notification: West Bengal VAT/Sales tax etc.:

The West Bengal Taxation Laws (Amendment) Act, 2016

The West Bengal Government vide Notification No. 1135-L. dated December 30, 2016 has published the West Bengal Taxation Laws (Amendment) Act, 2016 to amend the West Bengal Sales Tax Act, 1994 (“the WBST Act”), the West Bengal Sales Tax (Settlement of Dispute) Act, 1999 (“the WB Settlement of Dispute Act”) and the West Bengal Value Added Tax Act, 2003 (“the WBVAT Act”) as follows-

Amendment in the WBST Act

Omission of Sub- Section(2) of Section 22D of the WBST Act dealing with payment of tax at certain percentage of maximum retail price on sale of goods, specified in Schedule VIII.

Further, amendment has been made in entries in column (2) and (3) against serial no. 2 and 3 of Schedule VII dealing with goods on sale of which tax is payable at the fixed in the Notification on specified goods as follows-

Serial No.	Description of goods	Rate of tax (per centum)
1	2	3
2	Foreign liquor, whether made in India or not, including brandy, whisky, vodka, gin, rum, liqueur, cordials, bitters, and wines, or a mixture containing any of these, as also beer, ale, porter, cider, perry and other similar potable fermented liquors-
	(i) where additional excise duty or pass fee has been paid under the Bengal Excise Act, 1909 (Ben Act V of 1909)	Zero
	(ii) where no additional excise duty or pass fee has been paid under the Bengal Excise Act, 1909	Fifty
3.	Country liquor-
	(i) where additional excise duty has been paid under the Bengal Excise Act, 1909	Zero
	(ii) where no additional excise duty has been paid, under the Bengal Excise Act, 1909.	Twenty

Amendment in the WB Settlement of Disputes Act
Section 2(1)(a) dealing with definition of arrear tax, penalty or interest in dispute

The words, figures and letters “the 31st day of January, 2015” shall be substituted with “the 30th day of September, 2016”. Thus, arrear interest in dispute among other means interest payable by assessee as accrued in respect of non-payment of tax or short payment of tax after assessment, which, as the case may be, is in dispute in any appeal or revision pending before the appellate authority etc. on the 30th day of September, 2016 under the relevant Act.

Section 4 dealing with eligibility for settlement

Substitution of the “31st March, 2010″ with “the 31st March, 2014″ and “the 31st day of January, 2015”, with “the 30th day of September, 2016 in section 4(1) of the WB Settlement of Dispute Act. Thus, an applicant shall be eligible to make application for settlement in respect of any period ending on or before March 31, 2014 for which assessment has been made and appeal or revision relating thereto is pending before appellate authority etc. on September 30, 2016.

Section 4A dealing with eligibility for settlement of dispute pending before the Tribunal or the High Court or the Supreme Court

Substitution of “on the 31st day of January, 2015″ with the words, figures and letters “on the 30th day of September, 2016 relating to any period upto the 31st day of March, 2014”.

Section 5 dealing with application by the applicant

Now, the application for the purpose of Section 4 and 4A as discussed above can be filed by the January 31, 2017.

Section 7 dealing with rate applicable in determining the amount payable

Substitution of “at the rate of fifteen per centum”, with the words “at the rate of thirty per centum” in Section 7(1)(a)(ii) and “at the rate of fifty-five per centum”, with the words “at the rate of sixty per centum” in Section 7(1)(a)(iii). Thus, the amount payable by an applicant for settlement of dispute shall be determined, where the dispute relates to arrear tax in dispute at the rate of 30% of the arrear tax in dispute or the actual amount paid in respect of such arrear tax in dispute, whichever is higher, if such dispute is owing to disallowance of any claim of input tax credit under the relevant Act for the relevant period and in any other arrear tax in dispute @ 60% of the arrear tax in dispute or the actual amount paid in respect of such arrear tax in dispute, whichever is higher etc.

Further Explanation III and IV have been inserted after Explanation II.

Section 8 dealing with Settlement of dispute and issue of certificate of settlement

The time period of 7 working days has been substituted with 15 working days in the First proviso To Section 8(1). Thus, provisional certificate of settlement to be issued within 15 working days of receipt of the application when no payment is required to be made by applicant.

Amendment in the WBVAT Act

Insertion of Proviso in section 87(1C) dealing with revision by Appellate and Revisional Board and Section 87A dealing with fast track method of revision of certain appellate or revisional order from an order of assessment.

Further, the Government vide Notification No. 1917 F.T. dated December 30, 2016 has appointed January 1, 2017 as the date on which the above said Sections will come into force.

The remaining provisions will come into force on such date or shall be deemed to have come into force on such date, as the State Government may by notification in the Official Gazette, appoint and different dates may be appointed for different provisions.

http://www.wbcomtax.nic.in/notification/1917_FT_20161230_VAT.pdf

Notification: Rajasthan VAT/Entry Tax:

Voluntary Amnesty Scheme for Entry Tax- 2017

The Rajasthan Government vide Notification No. F. 12(17) FD/TAX/2015-Pt.-68- dated December 30, 2016 has notified Voluntary Amnesty Scheme for Entry Tax-2017 (“the Amnesty Scheme”), which shall come into force with effect from January 1, 2017 and shall remain into force upto February 28, 2017.

The Amnesty Scheme shall apply to the dealer or the person against whom total outstanding demand under the Rajasthan Tax on Entry of Goods into Local Areas Act, 1999 (“the Rajasthan Entry Tax Act”) is upto Rs. 5 Crore and the demand has been created on or before September 30, 2016. Further, the Amnesty Scheme shall also apply to dealer or person who have been permitted to pay the demand(s) in instalments and all the instalments which have become due at the time of filing of the application under the Amnesty Scheme have been deposited by such dealer or person.

Further, along with applicability of the Amnesty Scheme, the provisions regarding the Benefits, procedure, conditions etc. for the Amnesty Scheme has also been prescribed.

Last date of submission of annual return in Form VAT 11 for year 2015-16 extended up to January 31, 2017

The Rajasthan Government vide Notification No. F.26 (315) ACCT/MEA/2014/2082 dated January 2, 2017 has extended the last date of submission of annual return in Form VAT 11 for the year 2015-16, to be furnished under Rule 19(4) of the Rajasthan Value Added Tax Rules, 2006, by the dealer who are required to get their accounts audited under Section 44AB of the Income Tax Act, 1961, up to January 31, 2017.

Important Notification & Circulars: January 05

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Important Notification & Circulars: January 05

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