Chart showing Cost Inflation Index starting from Financial Year 1981-82
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Chart showing Cost Inflation Index starting from Financial Year 1981-82
Chart showing Cost Inflation Index starting from Financial Year 1981-82
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.
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