PAN a must for excise, service taxpayers for GST registration

January 8, 2017

New Delhi, Jan 8: The tax department has made it mandatory for central excise duty and service taxpayers to obtain a valid PAN number before they can be migrated to the new goods and services tax (GST) set-up.

panDespite the political impasse putting a question mark on the planned rollout of the new tax regime from April 1, the Central Board of Excise and Customs (CBEC) continues to do the groundwork with April 1 as the target date.

GST will subsume central excise and service tax, and CBEC has initiated the process of migrating these taxpayers to the new regime through issuance of a provisional registration number.

"Every person registered under any of the earlier laws and having a valid PAN shall be issued a certificate of registration on a provisional basis," CBEC said in an order.

For excise and service tax assessees without a valid PAN number, CBEC said "the assessee needs to obtain the PAN number and update the registration details on the ACES portal before the assessee can be migrated to GST".

CBEC has also asked its field offices to launch awareness campaign and outreach programmes to facilitate migration of all excise and service taxpayers to the GST network by January-end.

The provisional registration, which will be generated on the basis of PAN, will be called Goods and Services Tax Identification Number (GSTIN). Also, a provisional ID and password will be provided which the excise and service taxpayers must use to log in to the GST portal -- gst.gov.in -- and fill the required details and upload the supporting documents, it said.

After providing the requisite details, an ARN (Application Reference Number) would be communicated to the assessee by GSTN (GST-Network). Once an ARN is communicated, the assessee "would migrate to GST on the scheduled GST rollout date with the issue of provisional certificate", it said, adding that CBEC is making all-out efforts for smooth implementation of GST by April 1, 2017.

It further said that in the GST regime, one unique registration for a single PAN will be issued and the existing assessees will be given one provisional ID per state where the place of business is registered in the current excise or service tax regime. The remaining registrations in a state could be added as additional place of business on the GSTN portal.

The government is looking to roll out GST by April 2017, but issues like jurisdiction over assessees and taxation rights over high seas have become sticking points at the GST Council deliberations. The Council will meet on January 16 to thrash out a consensus on the vexed issues.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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coastaldigest.com news network
June 6,2020

Mangaluru, June 6: Four persons were arrested by the Mulki police today in connection with the murder of Abdul Lateef, a 38-year-old businessman.

The arrested are: Mohammed Hasim (27), Nissar alias Riyaz (33), and Mohammed Razim (24), all residents of Mulki, and Aboobakar Siddique (27), a resident of Udupi.

The weapons and vehicles used for murder have been confiscated. Investigation is in progress to find out the motive behind the murder and the arrest of remaining accused.

Abdul Lateef, his father-in-law Muneer, latter’s son Ijaz and relative Imran were returning from Vijaya Bank at Mulki when a gang of nine miscreants waylaid their car and attacked with sharp weapons.

The gang comprised of Hakeem, Wafa, Asim, Siddique, Nissar, Bava, Farhan, Razeem and Siddiq.  While four of them are arrested, police continued hunt to nab other accused.

Abdul Lateef breathed his last while being taken to hospital. Others are undergoing treatment at a private hospital in Mangaluru.

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News Network
July 16,2020

Bengaluru, Jul 16: Eminent theatre personality and renowned vocalist Dr Subhadramma Mansur who had won many awards including the prestigious Karnataka Rajyotsava award died on Wednesday night, according to her family.

She was 81 and is survived by two sons and a daughter.

The family said she developed severe respiratory problems last night following which she was rushed to hospital, but died on the way.

Condoling her death, Chief Minister B S Yediyurappa said Dr Mansur had contributed to the theatre world for five decades. He also recalled her devotion to music as an eminent vocalist.

"I pray for her soul to rest in peace and strength to the family to bear the irreparable loss," the Chief Minister said in his message posted on Twitter.

The veteran theatre personality from Ballari earned recognition for her roles in mythology-based dramas.

Connoisseurs of stage performances recall her memorable portrayal of Draupadi, a character from the Mahabharata.

Her depiction of Hemareddy Mallamma left a deep imprint on the audience.

Many awards were bestowed on her including the Rajyotsava Award, Nataka Akademi and Gubbi Veeranna Award and an honorary doctorate by the Srikrishna Devaraya University

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