Devbhoomi Tax Bar Association

UK VAT Tax Calendar for FY 2015-16

Sl. No.	Class of Dealers or Persons	Submission of periodical returns	Payment of tax, composition money, late fee, interest or TDS	Prescribed form for the periodical returns
1	Dealers having GTO of more than 50 lakhs in the preceding year.	Quarterly, for quarter ending June 30, September 30, December 31 and March 31, up to the last date of the succeeding month. Return shall be filed in one of the following ways:- (1) Online on the website of the Department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000 (2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues	Monthly, by e-Payment up to 20^th of the succeeding month Provided that in case the tax due for a month is NIL the dealer shall submit such information in Form – VI(A) up to 20^th of the succeeding month.	Form-III (amended)
2	Dealers having GTO up to 50 lakhs in the preceding year.	Quarterly, for quarter ending June 30, September 30, December 31 and March 31, up to 25^th of the succeeding month. Return shall be filed in one of the following ways :- (1) Online on the website of department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000 (2) Online on the website of department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues (3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.	Quarterly, by e-payment or otherwise up to 20^th of the succeeding month	Form-III (amended)
3	Dealers who are in the first year of their business	Quarterly, for quarter ending June 30, September 30, December 31 and March 31, up to 25^th of the succeeding month. Return shall be filed in one of the following ways :- (1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000 (2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues (3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.	Monthly, by e-payment or otherwise up to 20^th of the succeeding month. Provided that in case the tax due for a month is NIL the dealer shall submit such information in Form – VI(A) up to 20^th of the succeeding month.	Form-III (amended)
4	Dealers who have opted for composition scheme under sub-section (1) of section 7 of the Act	Quarterly for quarter ending June 30, September 30, December 31 and March 31, up to 25^th of the succeeding month. Return shall be filed in one of the following three ways:- (1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000 (2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues (3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.	Quarterly, by e-payment or otherwise up to 20^th of the succeeding month	Form-III (C) (amended)
5	Dealers/ persons carrying on business of transfer of property in goods involved in the execution of works contract	Quarterly for, quarter ending June 30, September 30, December 31 and March 31, up to 25^th of the succeeding month. Return shall be filed in one of the following ways :- (1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000 (2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues (3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.	Quarterly, by e-payment or otherwise up to 20^th of the succeeding month	Form-III (B) (amended)
6	Persons responsible for making deduction of tax at source under the provisions of sec-35 of the Act Explanation- if such person is a registered dealer he, in addition to the return prescribed for him in clause (1), (2), (3), (4), or clause (5), as the case may be, shall file return in Form-IIIA (amended)	Quarterly for, quarter ending June 30, September 30, December 31 and March 31, up to 25^th of the succeeding month. Filing of return shall be filed in one of the following ways :- (1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000 (2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues (3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.	Monthly, by e-payment or otherwise up to 20^th of the succeeding month	Form-III-A (amended)

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Compiled by:
Sh. J.K. Grover
Advocate

Application for issuance of Certificate of Practice - BCI

As per the Gazette of India dt. 13.01.2015, those Advocate registered before 2010 and are in practice have to submit the Application for issuance of Certificate of Practice (Click to download) to the respective Bar Council of the State along with fee of Rs.500/- via DD / Chq. in favour of BCUK, Nainital payable at SBI, Nanital High Court and Four (04) passport size photos.

Besides this Form E has to be typed on Rs.10/- Stamp Paper.

NB: Kindly submit the form to The President or to The Secretary of your Bar Association

Copy of Notification <Click Here>

Gazatte Notifiaction for Amendment in UK VAT Act 2005

Uttarakhand Value Added Tax (Amendment) Act, 2015 w.e.f. 31.03.2015

Some minor and major changes done in few sections of UK VAT Act, 2005

Notification no. 102/XXXVI(3)/2015/22(1)/2015-Dated 31/03/2015
<Click here> to download

Procedure to file online UK VAT Annual Return

Notification for the procedure to file online UK VAT Annual Return

Click Here for the notification

Amendment in Rule 11 - UK VAT Rules

Amendment in Rule 11(2) -

Regarding online filing of UK VAT Annual Return
<click here> for notification

Service Tax Rates and Changes effective from 1st April 2015

1) Rate of Service Tax

Finance Bill, 2015 has proposed increase in rate of Service Tax from 12.36% to 14%. News reports are being broadcasted and published stating that the rate has been increased from 01^st April 2015, are incorrect. These reports have caused wide spread confusion amongst all.

In order to clear the confusion, we would like to apprise all that the rate of service tax can only be changed after the Budget, i.e. Finance Bill 2015, gets assent from the President and becomes the Finance Act 2015. The change in rate of tax has been proposed by way of an amendment to section 66B of the Finance Act 1994 and an amendment to the Finance Act can only be made by the Parliament after receiving assent from the President.

Historically the assent is obtained from the President in the first half of May, as the assent has to be obtained with 75 days from the presentation of the Budget in Parliament. Hence, the notification regarding increase in rate of service tax will be issued somewhere around 15^th May, 2015.

Thus it is to be noted that there is no change in rate of Service Tax w.e.f. 1st April, 2015.

Also given hereunder is the tabular analysis of the applicable rate of service tax considering all the three events which occasions the liability upon a service provider/recipient to charge/pay service tax

Tabular analysis about applicable Rate of Tax on change in Rate of Tax

Case	Date of Provision of Service	Date of Issue of Invoice	Date of Receipt of Payment	Applicable Rate
I	Old Rate	New Rate	New Rate	New Rate
II	Old Rate	Old Rate	New Rate	Old Rate
III	Old Rate	After	Old Rate	Old Rate
IV	New Rate	Old Rate	New Rate	New Rate
V	New Rate	Old Rate	Old Rate	Old Rate
VI	New Rate	New Rate	Old Rate	New Rate

Based on the above table prepared in accordance with Rule 4 of Point of Taxation Rules, a service tax assessee may discharge their service tax liability in case of the change in rate of service tax.

Further, we would also refresh the changes which were announced with the Budget but are effective from 01^st April 2015

2) Exemptions Withdrawn w.e.f. 01.04.2015 (Vide Notification No. 6/2015-ST dated 01.03.2015)

following exemption have been withdrawn and the following activities undertaken by service providers will attract service tax with effect from 1st April 2015:

· Services provided to government, local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of:

o a civil structure meant for use other than for commerce, industry,

o a structure meant predominantly for use as an educational, clinical, or an art or cultural establishment.

o a residential complex predominantly meant for self-use or the use of their employees.

· Services provided by way of construction, erection, commissioning or installation of original works pertaining to an airport or port

· Services provided by a performing artist in folk or classical art form of (i) music, or (ii) dance, or (iii) theater, where amount charged is more than Rs. 1,00,000 for a performance;

· Transportation of food stuff by rail, or vessels or road will be limited to food grains including rice and pulses, flour, milk and salt.

· Services provided by a mutual fund agent or distributor to a mutual fund or assets management company.

· Services of selling or marketing agent of lottery ticket to a distributor.

· Telecommunication services by

o Departmentally run public telephone;

o Guaranteed public telephone operating only local calls;

o Service by way of making telephone calls from free telephone at airport and hospital where no bill is issued.

3) Certain New Exemptions have also been made effective from 01^st April 2015. They are as under:

· All ambulance services. Notification No. 6/2015-ST dated 01.03.2015

· Life insurance service provided by way of Varishtha Pension Bima Yojna Notification No. 6/2015-ST dated 01.03.2015

· Service provided by a Common Effluent Treatment Plant operator for treatment of effluent. Notification No. 6/2015-ST dated 01.03.2015

· Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labeling of fruits and vegetables. Notification No. 6/2015-ST dated 01.03.2015

· Service provided by way of admission to a museum, zoo, national park, wild life sanctuary and a tiger reserve. Notification No. 6/2015-ST dated 01.03.2015

· Service provided by way of exhibition of movie by the exhibitor (theater owner) to the distributor or an association of persons consisting of such exhibitor as one of it’s members. Notification No. 6/2015-ST dated 01.03.2015

· Goods transport agency service provided for transport of export goods by road from the place of removal to a land customs station (LCS). Notification No. 4/2015-ST dated 01.03.2015

4) Abatements

a. A tabular presentation of changes in abatement is as under:

Entry No.	Description of Taxable Services	Taxable Percentage	Effective Rate	Taxable Percentage	Effective rate
Entry No.	Description of Taxable Services	Upto 31.03.2015	Upto 31.03.2015	w.e.f. 01.04.2015	w.e.f. 01.04.2015
5	Transport of passengers by air, with or without accompanied belongings in (i) economy class (ii) other than economy class	40% 40%	4.944% 4.944%	40% 60%	4.944% 7.416%
7	Services of goods transport agency in relation to transport of goods	25%	3.09%	30%	3.708%
8	Services provided in relation to chit	70%	8.625%	100%	12.36%
10	Service in relation to Transport of Goods in a Vessel.	40%	4.944%	30%	3.708%

b. Restriction on the availment of CENVAT Credit in respect of services of “Transport of goods by rail” and “Transport of passengers, with or without accompanied belongings by rail”

5) Reverse Charge Mechanism

a. Manpower supply and security services when provided by non corporate to a body corporate are being brought to full reverse charge as a simplification measure. Presently, these are taxed under partial reverse charge mechanism.- Notification No. 7/2015-ST Dated: March 01, 2015

b. Services provided by mutual fund agents, mutual fund distributors and lottery agents-Notification No. 7/2015-ST Dated: March 01, 2015

6) Cenvat Credit Rules, 2004

Credit of service tax paid under partial reverse charge by the service receiver without linking it to the payments of value of service to service provider.

Article by Advocate Abhijeet Shrivastava

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