Swachh Bharat Cess – Ready Reckoner
Source
TaxGuru.In
Diwali Gift !!! - Swachh Bharat Cess @ 0.5% on value of all taxable services levied from November 15, 2015
Pursuing with Mr. Narendra Modi’s Dream of Swachh Bharat, in Union Budget 2015, a provision was made for levying a Swachh Bharat Cess (“SB Cess”) on all or any of the services, for the purposes of financing and promoting Swachh Bharat initiatives or for any other purpose relating thereto. However, the SB Cess was to be levied from such date as may be notified by the Central Government after the enactment of the Finance Bill, 2015.
SB Cess now made applicable from November 15, 2015 – Notification No. 21/2015-ST dated November 6, 2015:
After the Hon’ble President had given assent to the Finance Bill, 2015 on May 14, 2015, the Ministry of Finance, Department of Revenue vide Notification No. 14/2015-ST dated May 19, 2015 had notified increase in the rate of Service tax from 12.36% to flat 14% (Subsuming Education Cess and Secondary & Higher Secondary Education Cess) to be effective from June 1, 2015. But SB Cess was left to be notified at a later date.
Now, the Central Government vide Notification No. 21/2015-ST dated November 6, 2015 has appointed November 15, 2015 as the date from which, SB Cess shall be effective. SB Cess would be over and above the present 14% Service tax rate.
SB Cess at the rate of 0.5% will be levied on value of all taxable services – Notification No. 22/2015-ST dated November 6, 2015:
Section 119 of the Finance Act, 2015 (Chapter VI) that contains a provision of new levy of cess called the SB Cess, empowers the Central Government to impose Cess on all or any of the taxable services at the rate of 2% of the value of such services, for the purpose of financing and promoting Swachh Bharat initiatives or for any other purpose relating thereto.
Therefore, the Central Government has also issued another Notification i.e. Notification No. 22/2015-ST dated November 6, 2015 to exempt all taxable services from payment of SB Cess which is in excess of 0.5% of the value of taxable services. In other words, w.e.f. November 15, 2015 ‘SB Cess’ @ 0.5% will be levied on value of all taxable services i.e. the effective rate of Service tax including SB Cess will be 14.5% from November 15, 2015.
No SB Cess on services specified under the Negative List of services or otherwise exempted by a notification issued under sub-section (1) of section 93 of the Finance Act, 1994:
SB Cess now made applicable from November 15, 2015 – Notification No. 21/2015-ST dated November 6, 2015:
After the Hon’ble President had given assent to the Finance Bill, 2015 on May 14, 2015, the Ministry of Finance, Department of Revenue vide Notification No. 14/2015-ST dated May 19, 2015 had notified increase in the rate of Service tax from 12.36% to flat 14% (Subsuming Education Cess and Secondary & Higher Secondary Education Cess) to be effective from June 1, 2015. But SB Cess was left to be notified at a later date.
Now, the Central Government vide Notification No. 21/2015-ST dated November 6, 2015 has appointed November 15, 2015 as the date from which, SB Cess shall be effective. SB Cess would be over and above the present 14% Service tax rate.
SB Cess at the rate of 0.5% will be levied on value of all taxable services – Notification No. 22/2015-ST dated November 6, 2015:
Section 119 of the Finance Act, 2015 (Chapter VI) that contains a provision of new levy of cess called the SB Cess, empowers the Central Government to impose Cess on all or any of the taxable services at the rate of 2% of the value of such services, for the purpose of financing and promoting Swachh Bharat initiatives or for any other purpose relating thereto.
Therefore, the Central Government has also issued another Notification i.e. Notification No. 22/2015-ST dated November 6, 2015 to exempt all taxable services from payment of SB Cess which is in excess of 0.5% of the value of taxable services. In other words, w.e.f. November 15, 2015 ‘SB Cess’ @ 0.5% will be levied on value of all taxable services i.e. the effective rate of Service tax including SB Cess will be 14.5% from November 15, 2015.
No SB Cess on services specified under the Negative List of services or otherwise exempted by a notification issued under sub-section (1) of section 93 of the Finance Act, 1994:
Notification No. 22/2015-ST dated November 6, 2015 further provides that SB Cess shall not be leviable on services which are exempt from Service tax by a notification issued under Section 93(1) of the Finance Act, 1994 or otherwise not leviable to Service tax under Section 66B thereof.
Therefore, SB Cess @ 0.5% will be levied on value of all taxable services except the following:
* Negative List of Services under Section 66D of the Finance Act, 1994
* Services exempted by a notification issued under sub-section (1) of Section 93 of the Finance Act, 1994 i.e.
# Mega Exempted Services vide Notification No. 25/2012-ST dated June 20, 2012.
# Services exempted as specified to certain extent under the Abatement Notification No. 26/2012-ST dated June 20, 2012
Open issues that require immediate clarification from the Board:
It is worth observing that the Government has not provided any further details of the levy of SB Cess. The continuous hike in Service tax rate from 12.36% to 14% and now 14.5% will definitely raise the burden of taxes on the ‘Aam Aadmi’. Further number of issues may crop up if no further clarification is issued, few of which are discussed as under:
a) Accounting head: What will be the accounting head for depositing SB Cess?
b) Availability of Cenvat credit of SB Cess in the hands of Manufacturer or Service Provider: Whether Cenvat credit of SB Cess would be available or not as there is no amendments proposed in the Cenvat Credit Rules, 2004 pertaining to availment of Cenvat credit of SB Cess?
c) Calculation of value of taxable services under Abatement Notification: How SB Cess would be dealt while availing the benefit of abatements by way of an exemption provided vide Abatement Notification No. 26/2012-ST dated June 20, 2012.
For example, under GTA services, presently, abatement of 70% is available and accordingly, Service tax is required to paid on 30% of value of taxable service after exemption (abatement) of 70% as provided under the said Abatement Notification.
Hence, question is arising → What would be effective rate of Service Tax including SB Cess. Whether it would be leviable at 4.2% (i.e. 30% of 14%) + 0.5% = 4.7% or 30% of 14.5% = 4.35%?
As per our understanding, it should be 4.35% as taxable value after abatement i.e. 30% for GTA Service for chargeability of Service Tax and SB Cess would be SAME in terms of sub-section (5) of Section 119 of the Finance Act, 2015, which states that “the provisions of Chapter V of the Finance Act, 1994 and the rules made there under, including those relating to refunds and exemptions from tax, interest and imposition of penalty shall, as far as may be, apply in relation to the levy and collection of the Swachh Bharat Cess on taxable services, as they apply in relation to the levy and collection of tax on such taxable services under Chapter V of the Finance Act, 1994 or the rules made there under, as the case may be.”
However, it is better that a proper clarification is issued in this regard.
d) Treatment of SB Cess on ongoing transactions: With the Service tax rate (including SB Cess) of 14.5% becoming effective from November 15, 2015, there are chances of turmoil being faced by the service provider in respect of the ongoing transactions for which either certain advance payment is received prior to November 15, 2015 but the completion of provision of service may take place post November 15, 2015 or vice versa.
Tussle between Rule 4 of the Point of Taxation Rules, 2011 and Section 67A of the Finance Act, 1994 will again crop up but, we are of the considered view that SB Cess should be levied on value of taxable services rendered on or after November 15, 2015.
With the aim of Mr. Narendra Modi’s Government to introduce GST by April 1, 2016 wherein all the Cesses on goods and services will be subsumed under the GST, the logic of introducing such a levy under the banner of SB Cess just few months before, will definitely create hue and cry among the Trade.
As SB Cess awaits its introduction, in days to come, an immediate detailed clarification on the various aspects of applicability of SB Cess and availability of its credit will surely be welcomed by the industry at large.
Relevant Provisions pertaining to SB Cess in Chapter VI of the Finance Act, 2015:
Therefore, SB Cess @ 0.5% will be levied on value of all taxable services except the following:
* Negative List of Services under Section 66D of the Finance Act, 1994
* Services exempted by a notification issued under sub-section (1) of Section 93 of the Finance Act, 1994 i.e.
# Mega Exempted Services vide Notification No. 25/2012-ST dated June 20, 2012.
# Services exempted as specified to certain extent under the Abatement Notification No. 26/2012-ST dated June 20, 2012
Open issues that require immediate clarification from the Board:
It is worth observing that the Government has not provided any further details of the levy of SB Cess. The continuous hike in Service tax rate from 12.36% to 14% and now 14.5% will definitely raise the burden of taxes on the ‘Aam Aadmi’. Further number of issues may crop up if no further clarification is issued, few of which are discussed as under:
a) Accounting head: What will be the accounting head for depositing SB Cess?
b) Availability of Cenvat credit of SB Cess in the hands of Manufacturer or Service Provider: Whether Cenvat credit of SB Cess would be available or not as there is no amendments proposed in the Cenvat Credit Rules, 2004 pertaining to availment of Cenvat credit of SB Cess?
c) Calculation of value of taxable services under Abatement Notification: How SB Cess would be dealt while availing the benefit of abatements by way of an exemption provided vide Abatement Notification No. 26/2012-ST dated June 20, 2012.
For example, under GTA services, presently, abatement of 70% is available and accordingly, Service tax is required to paid on 30% of value of taxable service after exemption (abatement) of 70% as provided under the said Abatement Notification.
Hence, question is arising → What would be effective rate of Service Tax including SB Cess. Whether it would be leviable at 4.2% (i.e. 30% of 14%) + 0.5% = 4.7% or 30% of 14.5% = 4.35%?
As per our understanding, it should be 4.35% as taxable value after abatement i.e. 30% for GTA Service for chargeability of Service Tax and SB Cess would be SAME in terms of sub-section (5) of Section 119 of the Finance Act, 2015, which states that “the provisions of Chapter V of the Finance Act, 1994 and the rules made there under, including those relating to refunds and exemptions from tax, interest and imposition of penalty shall, as far as may be, apply in relation to the levy and collection of the Swachh Bharat Cess on taxable services, as they apply in relation to the levy and collection of tax on such taxable services under Chapter V of the Finance Act, 1994 or the rules made there under, as the case may be.”
However, it is better that a proper clarification is issued in this regard.
d) Treatment of SB Cess on ongoing transactions: With the Service tax rate (including SB Cess) of 14.5% becoming effective from November 15, 2015, there are chances of turmoil being faced by the service provider in respect of the ongoing transactions for which either certain advance payment is received prior to November 15, 2015 but the completion of provision of service may take place post November 15, 2015 or vice versa.
Tussle between Rule 4 of the Point of Taxation Rules, 2011 and Section 67A of the Finance Act, 1994 will again crop up but, we are of the considered view that SB Cess should be levied on value of taxable services rendered on or after November 15, 2015.
With the aim of Mr. Narendra Modi’s Government to introduce GST by April 1, 2016 wherein all the Cesses on goods and services will be subsumed under the GST, the logic of introducing such a levy under the banner of SB Cess just few months before, will definitely create hue and cry among the Trade.
As SB Cess awaits its introduction, in days to come, an immediate detailed clarification on the various aspects of applicability of SB Cess and availability of its credit will surely be welcomed by the industry at large.
Relevant Provisions pertaining to SB Cess in Chapter VI of the Finance Act, 2015:
THE FINANCE ACT, 2015 – CHAPTER VI
SWACHH BHARAT CESS
“119. (1) This Chapter shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
(2) There shall be levied and collected in accordance with the provisions of this Chapter, a cess to be called the Swachh Bharat Cess, as service tax on all or any of the taxable services at the rate of two per cent. on the value of such services for the purposes of financing and promoting Swachh Bharat initiatives or for any other purpose relating thereto.
(3) The Swachh Bharat Cess leviable under sub-section (2) shall be in addition to any cess or service tax leviable on such taxable services under Chapter V of the Finance Act, 1994 (32 of 1994), or under any other law for the time being in force.
(4) The proceeds of the Swachh Bharat Cess levied under sub-section (2) shall first be credited to the Consolidated Fund of India and the Central Government may, after due appropriation made by Parliament by law in this behalf, utilise such sums of money of the Swachh Bharat Cess for such purposes specified in sub-section (2), as it may consider necessary.
(5) The provisions of Chapter V of the Finance Act, 1994 and the rules made there under, including those relating to refunds and exemptions from tax, interest and imposition of penalty shall, as far as may be, apply in relation to the levy and collection of the Swachh Bharat Cess on taxable services, as they apply in relation to the levy and collection of tax on such taxable services under Chapter V of the Finance Act, 1994 or the rules made there under, as the case may be.”
Govt nod for gold bonds, new monetization scheme
NEW DELHI: The government on Wednesday cleared two moves meant to reduce the import of gold. While the first entails the issue of goldbonds that individuals can invest in instead of buying it in physical form, the second is theGold Monetization Scheme or a new deposit tool meant to help people earn returns on the precious metal lying idle in bank lockers. The gold deposited through this scheme will be re-circulated in the economy, helping cut imports.
Both the proposals were announced in the last Budget . But the returns that the two instruments will offer will only be announced after a few weeks. As a result, investment consultants are advising people to wait for the details to come out.
India is among the top two markets for gold with the demand for bars and coins estimated at 300 tonnes annually as households have traditionally seen it as a safe investment. But the high demand and large quantities of imports distort the trade numbers and put pressure on the current account deficit and, in adverse situations, impacts the exchange rate
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Both the proposals were announced in the last Budget . But the returns that the two instruments will offer will only be announced after a few weeks. As a result, investment consultants are advising people to wait for the details to come out.
India is among the top two markets for gold with the demand for bars and coins estimated at 300 tonnes annually as households have traditionally seen it as a safe investment. But the high demand and large quantities of imports distort the trade numbers and put pressure on the current account deficit and, in adverse situations, impacts the exchange rate
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Investors will have the option to buy sovereign gold bonds instead of physical gold this Dhanteras. Applications for gold bonds will be accepted from November 5 to November 20, 2015, while these bonds will be issued on November 26, 2015, the Reserve Bank of India said.
Here are 10 things to know about gold bonds
1) Sovereign gold bonds will be issued by the Reserve Bank of India. They will denominated in particular amount of gold and linked to the price of the yellow metal. If the price of gold increases, the value of the bond goes up, benefiting investors.
2) Investors can buy a minimum of 2 units or 2 grams and a maximum at 500 grams per fiscal year. The Reserve Bank has fixed the public issue price at Rs 2,684 per gram for the sovereign gold bonds. This means the minimum investment comes to around Rs 5,400. (Read more)
3) Investors will get a fixed rate of interest of 2.75 per cent per annum (payable every 6 months) on the initial value of investment.
4) The gold bonds would also be available in demat format, so investors will not have to worry about storage unlike physical gold.
5) The bonds have a maturity period of 8 years, with exit option from the fifth year. Holdings can be redeemed in multiples of one gram. The redemption price will be based on prevailing gold prices.
6) The bonds will be listed on the exchanges so investors may get an option to exit even before five years if volumes are good.
7) Gold bonds will be sold through banks and designated post offices. They can be used as collateral for loans from financial Institutions.
8) TDS (tax deducted on source) is not applicable on the interest component, but interest earned on gold bonds will be added to the income and taxed. Capital gains will be taxed at tax slab if these bonds are sold before 3 years. If sold after 3 years, capital gain tax of 20 per cent with indexation benefits would apply. Indexation is a process by which the cost of acquisition is adjusted against inflation in the value of asset.
9) Gold bonds offer an exposure to gold while also offering interest, a feature that is not present in other avenues like ETFs and gold mutual funds or even physical gold.
10) Investors should keep their asset allocation in mind before putting their money in gold bonds as gold prices have been on a long term decline.
Source
Times of India, and
Whatsapp Article
e-Form 16 facility available to dealers having turnover more that 2 Cr
e-Form 16 facility is already available to dealers above 500 Cr which was further extended to dealers having turnover above 2 Cr vide notification no 3696 dt 15/10/2015.
The manual forms 16 will not be available to the dealers having annual turnover above 2 Cr. from the midnight of 31st October, 2015, only e-forms will be used instead of manual forms.
The manual forms 16 will not be available to the dealers having annual turnover above 2 Cr. from the midnight of 31st October, 2015, only e-forms will be used instead of manual forms.
Notification as follows:
Download Computation Sheet for Income Tax demand raised by AO
The facility to view tax and computation sheet for demand raised by AO is made available to the assessee in the e-Filing portal. After Login, select e-File Response to Outstanding Tax Demand, click on download button next to demand amount to download the details pdf. In case of demand raised by CPC or raised manually outside the system, assessee needs to request for resend of intimation request or Jurisdictional Assessing Officer respectively.
Income Tax Jurisdiction (PAN India)
NEW JURISDICTION OF THE PR. CIT/CIT CHARGE; ADDL. CIT/ JT. CIT RANGES & ASSESSING OFFICERS / TAX RECOVERY OFFICERS OF THE PR. CHIEF CIT, STATE WISE
(click below)
http://www.incometaxindia.gov.in/Pages/jurisdiction.aspx
OFFICERS OF THE PR. CHIEF CIT, KANPUR, (UP (WEST) AND UTTARKHAND REGION), KANPUR (click below)
http://office.incometaxindia.gov.in/kanpur/Documents/Jurisdiction/jurisdiction-details.pdf
Source Income Tax Site
http://www.incometaxindia.gov.in/Pages/jurisdiction.aspx
OFFICERS OF THE PR. CHIEF CIT, KANPUR, (UP (WEST) AND UTTARKHAND REGION), KANPUR (click below)
http://office.incometaxindia.gov.in/kanpur/Documents/Jurisdiction/jurisdiction-details.pdf
Source Income Tax Site
New Commercial Tax Officer's Jurisdiction
New Commercial Tax Officer's Jurisdiction
vide notification 841/2015/05(100)/xxvii(8)/02/T.C.
dated 23.09.2015.
vide notification 841/2015/05(100)/xxvii(8)/02/T.C.
dated 23.09.2015.
CBDT finally extended due date all over India to 31.10.2015
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
PRESS RELEASENew Delhi, 1st October, 2015
Subject: Extension of date for filing of Income tax returns and tax audit reports to 31st October 2015 – regarding
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
PRESS RELEASENew Delhi, 1st October, 2015
Subject: Extension of date for filing of Income tax returns and tax audit reports to 31st October 2015 – regarding
The issue of extension of last date for e-filing returns of income and audit reports u/s 44AB due by 30th September, 2015 has been the subject matter of litigation in various High Courts across the country. While some High Courts have ruled in favour of the extension of due date, some others have ruled otherwise. In order to avoid discrimination between taxpayers residing in different jurisdictions and to be fair to all, and also in view of paucity of time to approach the Hon’ble Supreme Court by way of Special Leave Petition, the Government has decided that across the country, all the returns of income and audit reports u/s 44AB which were due for e-filing by 30thSeptember, 2015, may now be filed by 31st October, 2015.
Necessary order u/s 119 of the Income-tax Act, 1961 has been issued by CBDT in this regard.
(Shefali Shah)
Pr. Commissioner of Income Tax (OSD)
Official Spokesperson, CBDT
No Pan allotment between 05.10.2015 to 09.10.2015
The Income Tax Department is in the process of upgrading software applications. It is for information of PAN applicants that PAN allotment by Income Tax Department will remain suspended between 05.10.2015 to 09.10.2015 due to PAN data migration activity. However, PAN applications, through online and offline modes, will continue to be received by PAN service centers of M/s NSDL and M/s UTIITSL. The back log of PAN applications will be cleared within three days. Inconvenience to taxpayers is regretted.
As Reported by Income Tax India e-filing website.
Tax Audit Date Extended?- Fake Order doing rounds
Sunday Evening when I was enjoying the evening with family suddenly My Email and Whatapps Message box shown spike of messages which were coming from our viewers and friends. The Most of the Messages/Emails were in respect of one Income Tax order in which it is claimed that Due date for Income Tax Return is been extended to 15th October 2015 from current 30th September 2015.
We checked the Notification for its authenticity and found that the same cannot be relied for the following reasons :-
We checked the Notification for its authenticity and found that the same cannot be relied for the following reasons :-
1. We confirmed with CBDT officials and they denied issue of any such Notifications.
2. We checked the official Websites of Income Tax, Government of India and Finance ministry and have not found any such notification, Order or announcement.
3. Income Tax Press release starts with F. No. while in this order it started with PF N0.
4. in Address of ICAI Pin code is 110001 instead of 110003.
5. Income Tax Office is in North Block not West Block.
6. Income Tax Department do not have ITEN division. Normally such announcement comes from TPL Division or ITA.II Division.
7. Its been issued on Saturday -26.09.2015 a day when CBDT offices were closed.
8. At the top date is 26.09.2015 but in signature the date is mentioned as 26/05/2015.
9. In Subject orders mentions extension of date of ITR but in body the Notification discussed about section 44AB related to Tax Audit.
10. Due dates for Tax Audit Returns is been specified under section 139(1) not under Section 44AB. Order which is doing rounds on Social media is as follows :-
We request our readers to not to rely on any such notification unless they confirm the same with official website of Government of India or they may check our website where we will update them if any such announcement comes.
Source Online Article
e-Form 16 facility available to dealers having turnover more that 50 Cr
e-Form 16 facility is already available to dealers above 100 Cr which was further extended to dealers having turnover above 50 Cr vide notification no 3109 dt 16/09/2015 (click for notification).
The manual forms 16 will not be available to the dealers having annual turnover above 50 Cr. from the midnight of 30th September, 2015, only e-forms will be used instead of manual forms.
The manual forms 16 will not be available to the dealers having annual turnover above 50 Cr. from the midnight of 30th September, 2015, only e-forms will be used instead of manual forms.
Date extended till 7th September for taxpayers required to e-file their Income Tax Return for Assessment Year 2015-16
mail received from income tax department for date extension till 07.09.15
Dear Taxpayer,
CBDT has extended date till 7th September for taxpayers required to e-file their Income Tax Return for Assessment Year 2015-16. In case you were unable to efile your return on or before 31st August, this is a gentle reminder. E-file early to avoid the last minute rush.
This year, nearly 30 Lakh taxpayers have already opted for the electronic verification facility using which you can avoid the signing and sending of the ITR-Verification form to CPC Bangalore. E-verification is possible through
i. Aadhaar One-time password (OTP) for which you would have to authenticate your Aadhaar and link it with your PAN, or
ii. Net-banking where you can login to your netbanking account and get redirected to the efiling account directly or
iii. E-filing OTP (available only if the Returned Income is below Rs 5 Lakh and no refund is claimed).
You are, therefore, kindly requested to login to https://incometaxindiaefiling.gov.in and download the free return preparation software with a host of new features to help you in preparing the Income Tax return and submit your return. You can also prepare and submit ITR1 and ITR4S online. Please take some time to browse through all the value .added services offered on the E-filing website that will help you prepare your return accurately and guide you in case of any prior pending items.
Needless to mention that the quicker you submit your return with e-verification or send the signed ITR-V (ITR-Verification) form to CPC, Bangalore, the faster your refund, if any, would be processed and credited to your bank account. As on 2nd Sept 2015, over 18 lakh refunds have already been issued for AY 2015-16, many of them where return was e-verified! File early to get your return processed soon .
In case you have already e-Filed for Income Tax Return for AY 2015-16, kindly ignore this email.
Regards,
e-Filing Team,
Income Tax Department.
CBDT has extended date till 7th September for taxpayers required to e-file their Income Tax Return for Assessment Year 2015-16. In case you were unable to efile your return on or before 31st August, this is a gentle reminder. E-file early to avoid the last minute rush.
This year, nearly 30 Lakh taxpayers have already opted for the electronic verification facility using which you can avoid the signing and sending of the ITR-Verification form to CPC Bangalore. E-verification is possible through
i. Aadhaar One-time password (OTP) for which you would have to authenticate your Aadhaar and link it with your PAN, or
ii. Net-banking where you can login to your netbanking account and get redirected to the efiling account directly or
iii. E-filing OTP (available only if the Returned Income is below Rs 5 Lakh and no refund is claimed).
You are, therefore, kindly requested to login to https://incometaxindiaefiling.gov.in and download the free return preparation software with a host of new features to help you in preparing the Income Tax return and submit your return. You can also prepare and submit ITR1 and ITR4S online. Please take some time to browse through all the value .added services offered on the E-filing website that will help you prepare your return accurately and guide you in case of any prior pending items.
Needless to mention that the quicker you submit your return with e-verification or send the signed ITR-V (ITR-Verification) form to CPC, Bangalore, the faster your refund, if any, would be processed and credited to your bank account. As on 2nd Sept 2015, over 18 lakh refunds have already been issued for AY 2015-16, many of them where return was e-verified! File early to get your return processed soon .
In case you have already e-Filed for Income Tax Return for AY 2015-16, kindly ignore this email.
Regards,
e-Filing Team,
Income Tax Department.
Civil & Electrical Contractors Scheme for 2015-16
The most awaited civil & electrical contractors scheme is now available vide notification no 675 dt 10/08/2015
The scheme is effective from 01.042015 till 31.03.2016
सिर्फ तीन कामों के लिए होगा आधार कार्ड: सुप्रीम कोर्ट
आधार कार्ड को लेकर सुप्रीम कोर्ट की संवैधानिक पीठ ने मंगलवार को अहम फैसला सुनाते हुए कहा कि इसे अनिवार्य नहीं बनाया जा सकता।
कोर्ट ने केंद्र सरकार को स्पष्ट निर्देश देते हुए कहा कि इसका इस्तेमाल सिर्फ सरकार की कल्याणकारी योजनाओं के लिए किया जा सकता है।
कोर्ट ने निर्देश दिया कि आधार का इस्तेमाल सरकार की ओर से चलाई जा रही खाद्यान्न योजना, केरोसिन वितरण और एलपीजी सब्सिडी पाने के लिए किया जा सकता है। इसके अलावा किसी आपराधिक मामले की जांच के लिए भी आधार को पहचान के प्रमाण के तौर पर इस्तेमाल किया जा सकता है।
इससे पहले कोर्ट की बेंच ने सभी नागरिकों को आधार कार्ड मुहैया कराने की केंद्र की महत्वाकांक्षी योजना को चुनौती देने वाली याचिकाओं को संविधान पीठ के पास भेज दिया था। अतिरिक्त सॉलिसिटर जनरल पिंकी आनंद ने न्यायालय को सूचित किया कि उसके पहले के आदेशों के मद्देनजर राज्यों और संबंधित प्राधिकारियों से कह दिया गया है कि वे विभिन्न योजनाओं का लाभ प्राप्त करने के लिये आधार कार्ड की अनिवार्यता पर जोर नहीं दें।
न्यायालय वेतन, भविष्य निधि के भुगतान, विवाह और संपत्ति के पंजीकरण सहित कई गतिविधियों के लिये आधार कार्ड अनिवार्य बनाने के कुछ राज्यों के फैसलों के खिलाफ दायर याचिकाओं पर सुनवाई कर रहा है। सरकार ने यह भी कहा था कि जिन लोगों के पास आधार कार्ड हैं, उनसे प्राधिकारियों को अपने आधार कार्ड मुहैया कराने को कहा गया है, लेकिन यह वैकल्पिक है।
Source:
Navbharat Times website
http://navbharattimes.indiatimes.com
http://navbharattimes.indiatimes.com
Supreme Court Stays Imposition of Service Tax on Lawyers
Supreme Court bench comprising Chief Justice H.L. Dattu, Justice A.K. Mishra and Justice Amitava Roy has stayed the Bombay High Court’s order, dated 15.12.2014 in the case of P.C. Joshi Vs. Union of India of dismissing the petition challenging levy of service tax on lawyers.
The Bombay Bar Association has challenged aforesaid order as well as the provision of Sub-clause (zzzzm) of clause (105) to Section 65 of the Finance Act, 1994, which was inserted by the Finance Act, 2011.
Few of the prominent questions of law, amongst others, as framed before SC are as below:
Whether the relationship between an advocate and a litigant is that of a provider and a service recipient or whether the relationship is that of a representative and a litigant ?
Whether the impugned judgment is correct and legal in as much as levy of service tax on the provision of assistance to the court would hit the provision of justice either by the individual or a business entity as both are indisputably guaranteed under right to justice in terms of Article 21 read with Article 39A of the Constitution ?
Bombay High Court
It is pertinent to note that Bombay High Court while dismissing the petition held that
“the taxable service means any service provided or to be provided to any person, by a business entity, in relation to advice, consultancy and assistance in any branch of law, in any manner.”
“legislature by inserting such provision has neither interfered with the role and function of an advocate nor has it made any inroad and interference in the constitutional guarantee of justice to all. The services provided to an individual client by an individual advocate continues to be exempted from the purview of the Finance Act and consequently Service Tax but when an individual advocate provides service or agrees to provide services to any business entity located in the taxable territory, then, he is included and liable to pay Service Tax.’ The judgment also notes, ‘The Advocates and legal practitioners are known to pay professional taxes and taxes on their income. They are also brought within the purview of service tax because their activities in legal field are expanding in the age of globalization, liberalization and privatization. They are not only catering to individuals but business entities.”
“the taxable service means any service provided or to be provided to any person, by a business entity, in relation to advice, consultancy and assistance in any branch of law, in any manner.”
“legislature by inserting such provision has neither interfered with the role and function of an advocate nor has it made any inroad and interference in the constitutional guarantee of justice to all. The services provided to an individual client by an individual advocate continues to be exempted from the purview of the Finance Act and consequently Service Tax but when an individual advocate provides service or agrees to provide services to any business entity located in the taxable territory, then, he is included and liable to pay Service Tax.’ The judgment also notes, ‘The Advocates and legal practitioners are known to pay professional taxes and taxes on their income. They are also brought within the purview of service tax because their activities in legal field are expanding in the age of globalization, liberalization and privatization. They are not only catering to individuals but business entities.”
Source: Online
e-Form 16 facility available to dealers having turnover more that 100 Cr
e-Form 16 facility is already available to dealers above 500 Cr which was further extended to dealers having turnover above 100 Cr vide notification no 2159 dt 22/07/2015 (click for notification).
The manual forms 16 will not be available to the dealers above 100 Cr. from the midnight of 14th August, 2015, only e-forms will be used instead of manual forms.
The manual forms 16 will not be available to the dealers above 100 Cr. from the midnight of 14th August, 2015, only e-forms will be used instead of manual forms.
Chart showing Cost Inflation Index starting from Financial Year 1981-82
Chart showing Cost Inflation Index starting from Financial Year 1981-82
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CBDT notifies New ITR-3, ITR-4, ITR-5 ITR-6 & ITR -7 for A.Y. 2015-16
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB- SECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
NEW DELHI
NOTIFICATION
New Delhi, the 29th day of July, 2015
1. (1) These rules may be called the Income-tax (Tenth Amendment) Rules, 2015.
(2) They shall be deemed to have come into force with effect from the 1st day of April, 2015.
2. In the Income-tax rules, 1962, in Appendix-II, for FORM ITR-3, FORM ITR-4, FORM ITR-5, FORM ITR-6 and FORM ITR-7, the following FORMS shall respectively be substituted, namely:-
[NOTIFICATION NO. 61/2015/ F.No.142/1/2015-TPL]
(Gaurav Kanaujia)
Director to the Government of India
Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended vide notification number S.O.1683 (E), dated 24.06.2015.
_______________________________________________
To Download the Excel Utility follow the below link:
https://incometaxindiaefiling.gov.in/
DTBA's 1st Blood Donation Camp held on 28th July, 2018
Devbhoomi Tax Bar Association is glad to have successfully organised its 1st Blood Donation Camp at Commercial Tax Department, 23, Luxmi Road, Dehradun on 28th July, 2015. The Camp started at 11 am in the presence of our Chief Guest Mr. N.S. Pangti (Additional Commissioner), Mr. Anil Singh (Jt Comm.), Mr. N.S. Datal (Jt Comm. - Appeal), Mr. Ajay Singh (Dy. Comm.) and other department's staff members.
A large number of advocates, their staff and volunteers donated their blood to make the camp a great success. We hope to organise the same in near future also.
We owe our heartiest thanks to all the blood doners and volunteers for their kind support and cooperation.
A large number of advocates, their staff and volunteers donated their blood to make the camp a great success. We hope to organise the same in near future also.
We owe our heartiest thanks to all the blood doners and volunteers for their kind support and cooperation.
Regards,
Tushar Singhal,
Gen Secretary - DTBA
Photos of the Camp
CBDT notifies ITR-1, ITR-2, ITR-2A and ITR-4S to be filed for AY 2015-16
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB- SECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
NEW DELHI
NOTIFICATION
Dated: June 22, 2015
S.O. 1660 (E).– In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1. (1) These rules may be called the Income-tax (8th Amendment) Rules, 2015.
(2) They shall be deemed to have come into force with effect from the 1st day of April, 2015.
2. In the Income-tax rules, 1962,-
(1) in rule 12,-
(a) in sub-rule (1),-
(I) in clause (a), in the proviso, for clause (III), the following clause shall be substituted, namely: –
“(III) has agricultural income, exceeding five thousand rupees;”;
(II) after clause (b) the following clause shall be inserted, namely:-
‘(ba) in the case of a person being an individual not being an individual to whom clause (a) applies or a Hindu undivided family where the total income does not include any income chargeable to income-tax under the heads “Profits or gains of business or profession” and “Capital gains” and to whom the provisions of clause (I) and clause (II) of the proviso to clause (a) does not apply, be in Form No. ITR-2A and be verified in the manner indicated therein;';
(III) in clause (ca), in the proviso, for clause (III), the following clause shall be substituted, namely: –
“(III) has agricultural income, exceeding five thousand rupees;”;
(b) in sub-rule (4), for the words, brackets, letters and figures “in the manners specified in clauses (i), (iii) and (iv) of sub-rule (3)”, the words, brackets, letters and figures “in the manners (other than the paper form) specified in column (iv) of the Table in sub-rule (3)” shall be substituted.
(2) in Appendix-II, for “Forms SAHAJ (ITR-1), ITR-2 and SUGAM (ITR-4S)” the “Forms SAHAJ (ITR-1), ITR-2, ITR-2A and SUGAM (ITR-4S)” shall be substituted, namely:-
[NOTIFICATION NO. 49/2015/ F.No.142/1/2015-TPL]
(Gaurav Kanaujia)
Director to the Government of India
Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended by the Income-tax (7th Amendment) Rules, 2015, vide notification number S.O. No. 1014 (E), dated 15 April, 2015.
_______________________________________________
To Download the Excel Utility follow the below link:
https://incometaxindiaefiling.gov.in/
Cenvat credit cannot be denied merely for not applying for Centralised Registration in proper format
Ketan Motors Ltd. Vs. Commissioner of Central Excise, Nagpur[2015-TIOL-1087-CESTAT-MUM]
The Ketan Motors Ltd. had a centralized accounting office in Nagpur with branch offices at Chandrapur and Amravati. The services received and the Cenvat credit availed thereon was reflected in Nagpur centralized accounting system. The Appellant had applied for Centralized Registration through a letter in which it was stated that “they may be given permission to have only one registered place in terms of rule 3(a) of Service Tax Rules” and letter bears the stamp of the receipt by the Department.
The Ketan Motors Ltd. had a centralized accounting office in Nagpur with branch offices at Chandrapur and Amravati. The services received and the Cenvat credit availed thereon was reflected in Nagpur centralized accounting system. The Appellant had applied for Centralized Registration through a letter in which it was stated that “they may be given permission to have only one registered place in terms of rule 3(a) of Service Tax Rules” and letter bears the stamp of the receipt by the Department.
The Department objected availment of Cenvat credit of Rs. 1,27,958/- (along with imposition of penalty) on documents pertaining to unregistered premises of the Appellant at Chadrapur and Amravati by alleging that the Appellant did not apply for Centralised Registration in proper format.
The Hon’ble CESTAT, Mumbai held that there is no dispute that the Appellant vide application dated December 16, 2004 has applied for Centralized Registration and the letter bears the stamp of the receipt by the Department. This request can be considered as an application for Centralized Registration, which was granted subsequently by the Department. Thus, Cenvat Credit should not be disallowed.
DSC issuance process to get stringent from 1st July 2015
Verification process going to be very stringent w.e.f. 1st July 2015. Procure your DSC in Advance expiring in near future
We would like to update that DSC issuance process is going a vital change w.e.f 1st July 2015.
Detailed guidelines may be downloaded by going on below link :
http://cca.gov.in/cca/sites/default/files/IDENTITYVERIFICATIONGUIDELINES2015v1.pdf
You are requested to plan your Digital signatures before 30th June for those DSC expiring in new future as the issuance process would be more stringent and cumbersome post 1st July, 2015. The rates may also undergo change as a part of implementation cost of new guidelines as is being said by the Certifying Authorities. Please find outlined the key new changes which would be required to be adhered to going forward:
1. Attestation procedure:
(a) Attestation of supporting documents by RA will not be allowed.
(b) The documents are to be attested only by Group A/B Gazetted Officers / Bank Manager / Post Master.
(c) The Attesting Officers should also specify their Name, designation, office address andcontact number.
(d) The list of Gazetted Officers are also listed in CCA Guidelines.
(e) The signature of applicant has to be in Blue-ink only.
2. Mobile Verification for all Classes of Certificate
* Before Approval of DSC, Certifying Agency will make a telephonic verification, through the mobile number provided in application.
* The mobile number should also be unique in each application, as is currently in the case of email ID.
3. Video Recording for Class 3
* In place of physical verification, now CA / RA will make a video recording of the applicant for a specified time duration.
* Before providing final Approval, Certifying Agency will verify the applicant through a video recording.
* Applicant will have to answer a specific set of questions to establish his identity
* This recording will happen directly in CA System, in a tamper proof way. That means, if RA is recording the video, the recording has to be made in CA provided software / portal, and will be directly recorded to CA System
* Old videos or the videos sent over email or downloaded from web, etc will not be allowed.
4. Organization application
* New set of documents prescribed for Organization verification. Multiple documents are required, including Incorporation Certificate, AOA (2 pages), MOA(2 pages), Bank Statement, Audit Report of last year along with annual return, Board resolution for Authorized Signatory. Similar set of documents are also listed for Partnership Firms and Proprietorship entities.
* Authorization letter should be signed in Blue Ink Only
5. Application form
The forms shall undergo changes as may be required for new verification guidelines. Old formsshall not be accepted thereafter. The application form will be signed in Blue-ink only.
6. Aadhaar based eKYC: (HASSEL FREE)
New provision of Aadhaar based eKYC has been introduced. In this case, there is NO need for mobile / video verification. A Biometric device will be needed to perform a transaction via this mode. More details on the modus operandi and process related to this mode will be intimated as and when formulated.
Document as proof of identity (Any one):
(a) Aadhaar (eKYC Service)
(b) Passport
(c) Driving License
(d) PAN Card
(e) Post Office ID card
(f) Bank Account Passbook containing the photograph and signed by an individual with attestation by the concerned Bank official.
(g) Photo ID card issued by the Ministry of Home Affairs of Centre/State Governments.
(h) Any Government issued photo ID card bearing the signatures of the individual.
Documents as proof of address (Any one):
(a) Aadhaar (eKYC Service)
(b) Telephone Bill
(c) Electricity Bill
(d) Water Bill
(e) Gas connection
(f) Bank Statements signed by the bank
(g) Service Tax/VAT Tax/Sales Tax registration certificate.
(h) Driving License (DL)/ Registration certificate (RC)
(i) Voter ID Card
(j) Passport
(k) Property Tax/ Corporation/ Municipal Corporation Receipt
7. Foreign Nationals
New procedures have been notified as per Section 3 of the Guidelines.
Please note that in view of the new verification guidelines, there will be many procedural changes which may result in 5 to 7 days for issuance of a DSC until the new process stabilizes.
Article by Mr. Kamal Prateek, Advocate
Source online
We would like to update that DSC issuance process is going a vital change w.e.f 1st July 2015.
Detailed guidelines may be downloaded by going on below link :
http://cca.gov.in/cca/sites/default/files/IDENTITYVERIFICATIONGUIDELINES2015v1.pdf
You are requested to plan your Digital signatures before 30th June for those DSC expiring in new future as the issuance process would be more stringent and cumbersome post 1st July, 2015. The rates may also undergo change as a part of implementation cost of new guidelines as is being said by the Certifying Authorities. Please find outlined the key new changes which would be required to be adhered to going forward:
1. Attestation procedure:
(a) Attestation of supporting documents by RA will not be allowed.
(b) The documents are to be attested only by Group A/B Gazetted Officers / Bank Manager / Post Master.
(c) The Attesting Officers should also specify their Name, designation, office address andcontact number.
(d) The list of Gazetted Officers are also listed in CCA Guidelines.
(e) The signature of applicant has to be in Blue-ink only.
2. Mobile Verification for all Classes of Certificate
* Before Approval of DSC, Certifying Agency will make a telephonic verification, through the mobile number provided in application.
* The mobile number should also be unique in each application, as is currently in the case of email ID.
3. Video Recording for Class 3
* In place of physical verification, now CA / RA will make a video recording of the applicant for a specified time duration.
* Before providing final Approval, Certifying Agency will verify the applicant through a video recording.
* Applicant will have to answer a specific set of questions to establish his identity
* This recording will happen directly in CA System, in a tamper proof way. That means, if RA is recording the video, the recording has to be made in CA provided software / portal, and will be directly recorded to CA System
* Old videos or the videos sent over email or downloaded from web, etc will not be allowed.
4. Organization application
* New set of documents prescribed for Organization verification. Multiple documents are required, including Incorporation Certificate, AOA (2 pages), MOA(2 pages), Bank Statement, Audit Report of last year along with annual return, Board resolution for Authorized Signatory. Similar set of documents are also listed for Partnership Firms and Proprietorship entities.
* Authorization letter should be signed in Blue Ink Only
5. Application form
The forms shall undergo changes as may be required for new verification guidelines. Old formsshall not be accepted thereafter. The application form will be signed in Blue-ink only.
6. Aadhaar based eKYC: (HASSEL FREE)
New provision of Aadhaar based eKYC has been introduced. In this case, there is NO need for mobile / video verification. A Biometric device will be needed to perform a transaction via this mode. More details on the modus operandi and process related to this mode will be intimated as and when formulated.
Document as proof of identity (Any one):
(a) Aadhaar (eKYC Service)
(b) Passport
(c) Driving License
(d) PAN Card
(e) Post Office ID card
(f) Bank Account Passbook containing the photograph and signed by an individual with attestation by the concerned Bank official.
(g) Photo ID card issued by the Ministry of Home Affairs of Centre/State Governments.
(h) Any Government issued photo ID card bearing the signatures of the individual.
Documents as proof of address (Any one):
(a) Aadhaar (eKYC Service)
(b) Telephone Bill
(c) Electricity Bill
(d) Water Bill
(e) Gas connection
(f) Bank Statements signed by the bank
(g) Service Tax/VAT Tax/Sales Tax registration certificate.
(h) Driving License (DL)/ Registration certificate (RC)
(i) Voter ID Card
(j) Passport
(k) Property Tax/ Corporation/ Municipal Corporation Receipt
7. Foreign Nationals
New procedures have been notified as per Section 3 of the Guidelines.
Please note that in view of the new verification guidelines, there will be many procedural changes which may result in 5 to 7 days for issuance of a DSC until the new process stabilizes.
Article by Mr. Kamal Prateek, Advocate
Source online
Free issue of samples is not liable for VAT
Commercial Taxes Officer vs M/s Indian Shaving Products Ltd.
(Rajasthan High Court at Jaipur)
SB Sales Tax Revision Petition no.718/1999
Date of Judgment -10/4/2015
The fundamental principle of sales tax is that there should be sale of goods involving buyer and seller, there should be transfer of property in goods from the seller to the buyer and flow of consideration from the buyer to the seller.
In case of samples issued by the assessee as a part of promotion program, first of all there is no buyer and seller, there is no transfer of property in goods and there is no consideration.
When none of the conditions are fulfilled, there is no sale as per Sales Tax/VAT Acts.
Even though Trade/Industry/Department is aware of the above statutory position, still demands are raised on free samples issued and the disputes are reaching to the level of High Court, clogging the precious time of the courts.
In a recent judgement, High Court of Rajasthan has held that free issue of samples is not liable for VAT. Observation of the High Court is as follows :-
Free samples is in accordance with trade practice and is one of the major factor where manufacture/producer can put its product in the market. Marketing through free samples is commonly accepted trade practice which one is required to resort in the competitive business environment. The revenue gains substantially when the samples are accepted over the years by the consumers who later on purchases the commodity. It is also noticed that the free samples in the instant case is negligible to the total turnover. The free samples provided to the dealer who in turn provides the same to selected consumers cannot be said to be liable for sales tax. It has no marketable value. To say that the samples provided by assessee can be held to be liable to sales tax, in my view, does not appear to be justified and Tribunal has rightly come to the said conclusion.
Use of Prefix CA by unregistered Members & Students is illegal
Important Announcement
Pre – conditions for using the designation Chartered Accountant
It has been brought to the notice of the Institute that certain students undergoing Chartered Accountancy Course are using "CA" designation before their names on Social Networks as well as their personal E-mail addresses.
Students may please note that Sections 7 and 24 of the Chartered Accountants At 1949 empower on a person who has been enrolled as a member of the Institute of Chartered Accountants of India to use the designation of Chartered Accountant along with his/her name.
Non members of ICAI who are using the designation as Chartered Accountant or designatory letters as CA as a prefix to their names are advised to desist from using these designatory letters failing which suitable steps against them in accordance with the provisions of the Chartered Accountants Act, 1949 and Regulations framed there under will be initiated without prejudice to any other penal action under the law in force for the time being.
Director, Board of Studies
NB: Passing CA final exam is not enough to use Prefix Chartered Accountant or CA
Source- ICAI
Tax Planning- Save tax through your family
Saving Tax through Family! Surprised! Yes, we can save tax through our family members i.e. Parents, Major Children’s and Wife. To Save Tax through Family members we needs to invest in way that our tax burden shifts to our family members and we can take the benefit of Income Tax Slabs. Saving tax Through means not only saving in tax but also means Post Tax higher returns on your Investment.
Here is how we can save tax through our family members.
Through Parents
You can save tax through our own parents as well as through our Parent in-laws. To achieve this goal you needs to give away a portion of your funds, either as a gift or a loan, to your parents as well as your parents in law so that in years to follow your income tax burden becomes lighter as the income on funds transferred by you to them which would bring in income would be taxed in their hands.
Assuming that both the parents are senior citizens. Here’s how you go about it. Income tax deductions allow senior citizens a tax-free income of Rs 3 lakh. To exhaust this limit, say you gift Rs 28 lakh to each parent in cash. Of this, both can individually put Rs 15 lakh in a senior citizens savings scheme that earns a return of nine per cent and pays interest every quarter. Each will get yearly interest of nearly Rs 1.4 lakh. If they invest the remaining Rs 13 lakh each in the long term fixed deposit (FD) of eight-years (assuming interest rate of 7.5 per cent) that pays interest each quarter, it will fetch them an income of nearly Rs 1 lakh annually. That means both parents have earned Rs 2.8 lakh from the senior citizen saving scheme and another Rs 2 lakh from FD each year. A total savings of Rs 4.8 lakh – the tax-free limit (Rs 2.40 lakh) that each parent enjoys. So, they don’t even need to deposit any tax.
Same planning can be done for parents in laws.
Through Major Children
All your adult children are as solid as a rock to help you save your income tax. After October 1, 1998, the provisions relating to gift-tax have ceased to exist. Now you are free to gift away your money to your children without attracting gift tax. Investment made by Major Children out of the gift received by you will be taxed in the hands of your children. If for any reason you are inclined to make gifts to your major children, then you may give interest-free loans to your adult children so as to legally reduce your taxable income.
It is lawful to grant interest-free loans to adult children from your own funds.
Through Your Wife
Married taxpayers can make a substantial saving of income tax by setting up two separate independent income tax files, one each for the husband and the wife. If your wife is already filing Income Tax Return then she may continue filing the return with her new surname and address or with her old surname and address.
Thus, as a result of marriage one should plan a separate income-tax file of the wife. However, care should be taken to ensure that no direct gift or transfer from husband is made to the wife as clubbing provision may get attracted.
Article by CA Sandeep Kanoi
Converting a Partnership firm into a Private Limited Company
Corporatisation is the need of the hour. The entire world is gradually drifting towards one global market without any trade barriers between the countries. A small unincorporated organization led by few partners cannot think of growth on large scale without corporatizing itself. Corporatisation has its own advantages such as Limited Liability, Perpetual Succession, Transferability of shares, easy access to funds etc. Advantages of converting
All the assets and liabilities of the firm immediately before the conversion become the assets and liabilities of the company.
No Stamp Duty - All movable and immovable properties of the firm automatically vest in the Company. No instrument of transfer is required to be executed and hence no stamp duty is required to be paid.
No Capital Gain Tax - No Capital Gains tax shall be charged on transfer of property from Proprietorship firm to Company.
Continuation of Brand Value - The goodwill of the Proprietorship firm and its brand value is kept intact and continues to enjoy the previous success story with a better legal recognition.
Carry Forward and Set off Losses and Unabsorbed Depreciation - The accumulated loss and unabsorbed depreciation of Partnership firm is deemed to be loss/ depreciation of the successor company for the previous year in which conversion was effected. Thus such loss can be carried for further eight years in the hands of the successor company.
Mandatory Conditions
All partners of the partnership firm shall become shareholders of the company in the same proportion in which their capital accounts stood in the books of the firm on the date of the conversion.
* The partners receive consideration only by way of allotment of shares in company and the partners share holding in the company in aggregate is 50% or more of its total voting power and continue to be as such for 5 years from the date of conversion.
Requirements
* Registered Partnership firm with minimum 7 Partners
* Minimum Share Capital shall be Rs. 100,000 (INR One Lac) for conversion into a Private Limited Company
* Minimum Share Capital shall be Rs. 500,000 (INR five Lac) for conversion into a Public Limited Co.
* If the above requirement is not fulfilled by the firm, then the Partnership deed should be altered
* Minimum 7 Shareholders
* Minimum 2 Directors (for Private Limited Co.) and 3 Directors (for Public Limited Co.)
* The directors and shareholders can be same person
* DIN (Director Identification Number) for all the Directors
* DSC (Digital Signature Certificate) for two of the Directors
Process
* Filing of requisite form for Conversion
* Preparation of Foundation documents of the Company
* Filing for name approval
* Filing of Incorporation documents
* Receiving certificate of incorporation
Source: Online Article
Author Ankita Chopra
Harsh Penalty for Property Transaction in Cash of Rs. 20,000 or more w.e.f. 1st June, 2015
Arjuna (Fictional Character): Krishna, It is said that black money is used in the transactions of immovable properties. To restrict the use of Black Money in these transactions, Income Tax Department has introduced the new provision, what is that?
Krishna (Fictional Character): Arjuna, Government is initiating various ways to curb Black Money. A few days ago, “Black Money Bill” was passed in the Lok Sabha. In this Bill, very stringent punishment was mentioned for those who transact in Black Money. Also considering the fact that Black Money is widely used in transactions of immovable properties, Income tax Dept. has brought a penalty provision in budget 2015-16 for transactions of immovable property in Cash. For this the government has made amendments in sections 269SS, 269T, 271D and 271E of the Income Tax Act. This provision will be having a long lasting impact on real estate market of India.
Arjuna: Krishna, What are the amendments made in section 269SS of Income Tax Act?
Krishna: Arjuna, According to section 269SS of Income Tax Act, while transacting Immovable Property, 100% penalty will be levied if seller has accepted an amount of Rs. 20,000 or more in cash from the buyer. e.g. if for selling an immovable property “A” has received an amount of Rs.1 lakh in cash from “B” then “A” has to pay 100% penalty of Rs. 1 lakh. That means, Cash Transaction should be done carefully when selling a Plot, House Property, Flat, Shop etc. Generally, in the rural areas cash transactions are done in property, as the buyers are not considered trustworthy. Issues of Cheque bounce; etc creates legal hassle for the property sellers. Now it will be difficult to carry on such transaction in cash.
Arjuna: Krishna, What are the amendments made in section 269T of Income Tax Act?
Krishna: Arjuna, According to section 269T of Income Tax Act, from 1st June, 2015 100% Penalty will be levied while repaying the amount received for Transfer of Immovable Property in cash for Rs. 20,000 or more. E.g. if any transaction of Immovable Property is cancelled then while repaying the amount received 100% penalty will be levied if the amount of Rs. 20,000 or more is paid in cash. Thus wherever property advance is repaid, in case the deal is cancelled it should be done in cheque only. Tax planning in survey will be affected in some cases.
Arjuna: Krishna, to which Persons are the above Penal Provisions not applicable?
Krishna: Arjuna, the provision of section 269SS is not applicable to the 1) Government 2) any Banking Company 3) Government Company and 4) any other person as notified by the Central Government. Also Section 269T will not be applicable while making repayment to the above mentioned persons. The section 269SS is not applicable to persons from whom the loan or deposit is taken or accepted and if the person by whom the loan or deposit is taken or accepted are both having Agricultural Income and neither of them has any Income chargeable to Tax. Thus farmers selling there agricultural land, etc will not be covered, only if they don’t have any other income chargeable to tax. It will be very hard to find such a farmer, as many may have income from Interest on FDRs, etc. Both the seller and the buyer need to be farmers. Further if immovable property is sold and amount is received in cash on the same day of sale / purchase then whether section 269 SS will be applicable or not is question? It seems that same may not be covered u/s 269SS, whereas applicability U/s 40 A 3(a) needs to be check on case to case basis.
Arjuna: Krishna, What are the penal provisions if Taxpayer has made default in following the above provisions?
Krishna: Arjuna, the Penal Provisions of section 269SS and 269T were mentioned in sections 271D and 271E. That means, 100% penalty has to be levied, if a person has taken or accepted a loan or deposit or any specified sum of money or has repaid the loan or deposit or specified sum of money of an amount of Rs.20,000 or more in cash. The right of levying of penalty is of the department. Further the Tax Auditor has to mention details of such transactions in the Tax Audit Report.
Arjuna: Krishna, What will be the effect of the amendments of these provisions?
Krishna: Arjuna, if a businessman has incurred expenditure of more than Rs.20,000 in cash on a single day to a single person then the said expenditure is disallowed u/s 40A 3(a) of Income Tax Act and income tax will have to be paid on it. This Provision is different. But in the provision of section 269SS and 269T, 100% penalty will have to be paid if a person has accepted or repaid an amount of Rs.20,000 or more in cash. Also in this if many a times an amount less than Rs. 20,000 is accepted or repaid but its gross total exceeded Rs.20,000 then it is also covered and penalty will have to be paid. This provision is going to affect the Builders and Developers as Cash Transactions were widely incurred in transaction with Immovable Properties. This Provision will also avoid those Sales Transactions that take place only on the basis of bonds i.e., unregistered documents. Further, the Taxpayer can make an appeal on the penalty levied.
Arjuna: Krishna, What should the Taxpayer learn from above?
Krishna: Arjuna, one should be careful while making Transactions in cash for an amount of Rs. 20,000 or more. The penal provisions are applicable to the seller. Various Departments of the Government are becoming very strict day by day regarding cash transactions in order to curb black money. One should be prudent while making Cash Transactions otherwise the Government will levy Penalties. These are very stringent provisions but these are also other ways out to reduce Black Money or to reduce Tax Evasion. Already the Real Estate Market is in a state of “SLASH”; If transaction is done in “CASH” then the Income Tax officer may give you a ”DASH”.
Source: Online Article
Krishna (Fictional Character): Arjuna, Government is initiating various ways to curb Black Money. A few days ago, “Black Money Bill” was passed in the Lok Sabha. In this Bill, very stringent punishment was mentioned for those who transact in Black Money. Also considering the fact that Black Money is widely used in transactions of immovable properties, Income tax Dept. has brought a penalty provision in budget 2015-16 for transactions of immovable property in Cash. For this the government has made amendments in sections 269SS, 269T, 271D and 271E of the Income Tax Act. This provision will be having a long lasting impact on real estate market of India.
Arjuna: Krishna, What are the amendments made in section 269SS of Income Tax Act?
Krishna: Arjuna, According to section 269SS of Income Tax Act, while transacting Immovable Property, 100% penalty will be levied if seller has accepted an amount of Rs. 20,000 or more in cash from the buyer. e.g. if for selling an immovable property “A” has received an amount of Rs.1 lakh in cash from “B” then “A” has to pay 100% penalty of Rs. 1 lakh. That means, Cash Transaction should be done carefully when selling a Plot, House Property, Flat, Shop etc. Generally, in the rural areas cash transactions are done in property, as the buyers are not considered trustworthy. Issues of Cheque bounce; etc creates legal hassle for the property sellers. Now it will be difficult to carry on such transaction in cash.
Arjuna: Krishna, What are the amendments made in section 269T of Income Tax Act?
Krishna: Arjuna, According to section 269T of Income Tax Act, from 1st June, 2015 100% Penalty will be levied while repaying the amount received for Transfer of Immovable Property in cash for Rs. 20,000 or more. E.g. if any transaction of Immovable Property is cancelled then while repaying the amount received 100% penalty will be levied if the amount of Rs. 20,000 or more is paid in cash. Thus wherever property advance is repaid, in case the deal is cancelled it should be done in cheque only. Tax planning in survey will be affected in some cases.
Arjuna: Krishna, to which Persons are the above Penal Provisions not applicable?
Krishna: Arjuna, the provision of section 269SS is not applicable to the 1) Government 2) any Banking Company 3) Government Company and 4) any other person as notified by the Central Government. Also Section 269T will not be applicable while making repayment to the above mentioned persons. The section 269SS is not applicable to persons from whom the loan or deposit is taken or accepted and if the person by whom the loan or deposit is taken or accepted are both having Agricultural Income and neither of them has any Income chargeable to Tax. Thus farmers selling there agricultural land, etc will not be covered, only if they don’t have any other income chargeable to tax. It will be very hard to find such a farmer, as many may have income from Interest on FDRs, etc. Both the seller and the buyer need to be farmers. Further if immovable property is sold and amount is received in cash on the same day of sale / purchase then whether section 269 SS will be applicable or not is question? It seems that same may not be covered u/s 269SS, whereas applicability U/s 40 A 3(a) needs to be check on case to case basis.
Arjuna: Krishna, What are the penal provisions if Taxpayer has made default in following the above provisions?
Krishna: Arjuna, the Penal Provisions of section 269SS and 269T were mentioned in sections 271D and 271E. That means, 100% penalty has to be levied, if a person has taken or accepted a loan or deposit or any specified sum of money or has repaid the loan or deposit or specified sum of money of an amount of Rs.20,000 or more in cash. The right of levying of penalty is of the department. Further the Tax Auditor has to mention details of such transactions in the Tax Audit Report.
Arjuna: Krishna, What will be the effect of the amendments of these provisions?
Krishna: Arjuna, if a businessman has incurred expenditure of more than Rs.20,000 in cash on a single day to a single person then the said expenditure is disallowed u/s 40A 3(a) of Income Tax Act and income tax will have to be paid on it. This Provision is different. But in the provision of section 269SS and 269T, 100% penalty will have to be paid if a person has accepted or repaid an amount of Rs.20,000 or more in cash. Also in this if many a times an amount less than Rs. 20,000 is accepted or repaid but its gross total exceeded Rs.20,000 then it is also covered and penalty will have to be paid. This provision is going to affect the Builders and Developers as Cash Transactions were widely incurred in transaction with Immovable Properties. This Provision will also avoid those Sales Transactions that take place only on the basis of bonds i.e., unregistered documents. Further, the Taxpayer can make an appeal on the penalty levied.
Arjuna: Krishna, What should the Taxpayer learn from above?
Krishna: Arjuna, one should be careful while making Transactions in cash for an amount of Rs. 20,000 or more. The penal provisions are applicable to the seller. Various Departments of the Government are becoming very strict day by day regarding cash transactions in order to curb black money. One should be prudent while making Cash Transactions otherwise the Government will levy Penalties. These are very stringent provisions but these are also other ways out to reduce Black Money or to reduce Tax Evasion. Already the Real Estate Market is in a state of “SLASH”; If transaction is done in “CASH” then the Income Tax officer may give you a ”DASH”.
Source: Online Article
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