Thursday, March 5, 2015

Change in Service Tax and Swach Bharat Cess

The Service Tax Rate is being increased from 12.36%(including cess) to 14.00% .

The new rate is 14.00 % flat. No Education Cess and Secondary  Cess will charge on it.

The new service tax rate shall come into effect from a date to be notified by the central government after the enactment of the Finance Bill, 2015.

SWACH BHARAT CESS

Clause 117 of the Finance Bill,2015 seeks to insert a new Chapter VI so as to levy a cess to be called the Swachh Bharat Cess, as service tax on all or any of the taxable services for the purposes of the Union for financing and promoting Swachh Bharat initiatives and any other purpose relating thereto.

An enabling provision is being made to empower the Central Government to impose a Swach Bharat Cess on all or any of the taxable service at the rate of 2% of the value of such taxable services with the objective  of financing and promoting Swachh Bharat Initiatives.

The provisions of Chapter V of the finance Act, 1994 and rules made thereunder, 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 Swach 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 thereunder, as the case may be.

Swach Bharat Cess shall be levied from a date to be notified by the Central Government in this regard and will not have immediate effect.

IMPACT

The changes in rate will increase the cost of services. Services like telephone, cab, consultancy, beauty parlor, security services and lots more will become costlier after the new rate.

For example suppose your telephone bill inclusive service tax was Rs. 112.36 before new rate will now increase to Rs. 116.

Means there is an extra burden of Rs. 3.64 on each 100 rs services.


Saturday, September 27, 2014

Make In India- Come and Invest in India

What is Make in India? 



Come and make in India is an intiative by Government of India(Modi's Government) to encourage investors to invest and manufacture in India. 

Why India ?

India is world largest democracy and biggest market in respect of consumer goods with around 1.2 billion population.
Availability of all types of resources like man, power, infrastructure, experts are easily available almost in all the major parts of India. Not only this tax rebates and other industrial benefits for SME, SEZ and EOU units encourage industries to start business here.
Some other Major Advantages like:-
  1. World biggest market and a democratic republic.
  2. India is a fastest growing economy in the world.
  3. Strong Judiciary System.
  4. Large pool of skilled manpower, strong knowledge base with the significant English speaking population.
  5. India is a member of World Trade Organization.
  6. The urban population of India will double from the 2001 census figure of 290 m to approximately 590 m by 2030(Mckinsey).
  7. Many investment schemes and Import/ Export benefits.
  8. Progressive Tax structure.
  9. One man company and Limited Liability Partnership options available here.
  10. Strong Banking infrastructure- availability many scheduled nationalized and multi-national banks.

Sectors in Which one can invest?
  • Automobiles 
  • Automobiles Companies
  • Aviation
  • Biotechnology
  • Chemicals
  • Construction
  • Defencce Manufacturing
  • Electrical Machinery
  • Electronic System
  • Food Processing
  • IT and BPM
  • Leather
  • Media and Entertainment
  • Mining
  • Oil and Gas
  • Pharmaceuticals
  • Ports
  • Railways
  • Renewable Energy
  • Roads and Highways
  • Space
  • Textiles and Garments
  • Thermal Power
  • Tourism and Hospitality
  • Wellness
SECTORS WHERE FOREIGN DIRECT INVESTMENT IS PROHIBITED :
·         Lottery Business including Government /private lottery, online lotteries, etc.
·         Gambling and Betting including casinos etc.
·         Chit funds
·         Nidhi company-(borrowing from members and lending to members only).
·         Trading in Transferable Development Rights (TDRs)
·         Real Estate Business (other than construction development) or Construction of Farm Houses
·         Manufacturing of Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes
·         Activities / sectors not open to private sector investment e.g. Atomic Energy and Railway Transport (other than construction, operation and maintenance of (i) Suburban corridor projects through PPP, (ii) High speed train projects, (iii) Dedicated freight lines, (iv) Rolling stock including train sets, and locomotives/coaches manufacturing and maintenance facilities, (v) Railway Electrification, (vi) Signaling systems, (vii) Freight terminals, (viii) Passenger terminals, (ix) Infrastructure in industrial park pertaining to railway line/sidings including electrified railway lines and connectivities to main railway line and (x) Mass Rapid Transport Systems.)
·         Services like legal, book keeping, accounting & auditing.

SECTORS WITH CAPS


·         Petroleum Refining by PSU (49%).
·         Teleports (setting up of up-linking HUBs/Teleports),Direct to Home (DTH), Cable Networks (Multi-system operators (MSOs) operating at national, state or district level and undertaking upgradation of networks towards digitalization and addressability), Mobile TV and Headend-in-the-Sky Broadcasting Service (HITS) – (74%).
·         Cable Networks (49%).
·         Broadcasting content services- FM Radio (26%), uplinking of news and current affairs TV channels (26%).
·         Print Media dealing with news and current affairs (26%).
·         Air transport services- scheduled air transport (49%), non-scheduled air transport (74%).
·         Ground handling services – Civil Aviation (74%).
·         Satellites- establishment and operation (74%).
·         Private security agencies (49%).
·         Private Sector Banking- Except branches or wholly owned subsidiaries (74%).
·         Public Sector Banking (20%).
·         Commodity exchanges (49%).
·         Credit information companies (74%).
·         Infrastructure companies in securities market (49%).
·         Insurance and sub-activities (26%).
·         Power exchanges (49%).
·         Defence (49% above 49% to CCS).

Wednesday, August 20, 2014

Due date of Tax Audit report under section 44AB has been extended

Due date of submitting tax audit report under section 44AB has been extended from 30sep to 30 Nov 2014.

In the recent notification CBTD has changed the return utility and also changed the format of tax audit report.
The new utility is still not available, this may be reason of extension.

Important it is  further clarified that the tax audit report under section 44AB of the Act filed 
during the period from 1
st April, 2014 to 24th July, 2014 in the pre-revised Forms shall be 
treated as valid tax audit report furnished under section 44AB of the Act


Below is the order


F.No.133/24/2014-TPL
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF DIRECT TAXES)
****
Room No. 147 B-II, North Block
New Delhi, the 20th August, 2014
Order Under Section 119 of the Income-tax Act, 1961
In exercise of power conferred by section 119 of the Income-tax Act (‘the Act’), the 
Central Board of Direct Taxes (CBDT) hereby extends the due date for obtaining and 
furnishing of the report of audit under section 44AB of the Act for Assessment Year 2014-15 
in case of assessees who are not required to furnish report under section 92E of the Act from 
30th day of September, 2014 to 30th November, 2014.


2. It is further clarified that the tax audit report under section 44AB of the Act filed 
during the period from 1
st April, 2014 to 24th July, 2014 in the pre-revised Forms shall be 
treated as valid tax audit report furnished under section 44AB of the Act.


(J.Saravanan)
Under Secretary (TPL-III)

Copy to:-
(i) The Chairman (CBDT), All Members, Central Board of Direct Taxes for
information.
(ii) All Cadre Controlling Pr. Chief Commissioners of Income-tax with a request to
circulate amongst all officers in their regions/charges.
(iii) The Pr. Director General of Income Tax (Admn.) Mayur Bhawan, New Delhi.
(iv) The Director General of Income Tax (Systems) with a request for uploading it on the
Departmental website.
(v) Commissioner of Income Tax (M&TP), CBDT.
(J.Saravanan)
Under Secretary (TPL-III)

Last date of filing income tax return 31st March or 31 july?


Many people comes to me and say last date of filling income tax return(ITR) is 31st March not 31st july.
Are they correct? If, yes why some people says due date of filing of ITR is 31st July? and Why income tax department organise camps for return filing in the month of july?
Here is also some question arise?
  1. What is the last date of filing of ITR?
  2. What would be impact if one missed the deadline of 31st July?
  3. What is the penalty/ interest for non filing of ITR within due date?

In this post I will try to clear this doubt and will tell you the penalty and interest for delays in filing of return.
Friends always remember that we filed return for previous year in assesment year. 
Now the question is that- What is previous year and what is assesment year. Understand it with an example-
Mr. X earn some income during 01/04/2013 to 31/03/2014, in this case previous year i.e PY is 2013-2014 and Assesment year i.e AY is 2014-15.
Now as per section 139(1) of Income tax Act, 1961 X has to file his return of Income till 31st July of the assessment year i.e 31 July 2014. 
Is this means last date of filing return is 31st July of Assesment year?
ANSWER IS NO. as  31 st july is the due date of filing return not last date.
Assesse (X in our example) can still file his return till 31st March 2016(because of section 139(4))READ FULL

Saturday, July 26, 2014

PAN - Permanent Account Number

What is Permanent Account Number(PAN)?
Permanent Account Number (PAN) is a ten-digit alphanumeric number, issued in the form of a laminated card, by the Income Tax Department, to any “person” who applies for it or to whom the department allots the number without an application.
PAN enables the department to link all transactions of the “person” with the department. These transactions include tax payments, TDS/TCS credits, returns of income/wealth/gift/FBT, specified transactions, correspondence, and so on. PAN, thus, acts as an identifier for the “person” with the tax department.

PAN was introduced to facilitates linking of various documents, including payment of taxes, assessment, tax demand, tax arrears etc. relating to an assessee, to facilitate easy retrieval of information and to facilitate matching of information relating to investment, raising of loans and other business activities of taxpayers collected through various sources, both internal as well as external, for detecting and combating tax evasion and widening of tax base.
Why PAN is required?
In General every person* who is required to furnish income tax return must need a Valid PAN number. However per section 139A of The Income Tax Act, 1961 direct and lays down framework for PAN e.g, who is required to apply for PAN, who else can apply for PAN, who will allot PAN, transactions where PAN is required to be quoted, use of PAN in TDS certificates and TDS returns, that one person can have only one PAN and the manner of applying for PAN.
Transaction for which PAN is required
It is mandatory to quote PAN on return of income, all correspondence with any income tax authority. From 1 January 2005 it will be mandatory to quote PAN on challans for any payments due to Income Tax Department.
It is also compulsory to quote PAN in all documents pertaining to the following  financial transactions :-
(a) sale or purchase of any immovable property valued at five lakh rupees or more;
(b) sale or purchase of a motor vehicle or vehicle, [the sale or purchase of a motor vehicle or vehicle does not include two wheeled vehicles, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle
(c) a time deposit, exceeding fifty thousand rupees, with a banking company ;
(d) a deposit, exceeding fifty thousand rupees, in any account with Post Office Savings Bank;
(e) a contract of a value exceeding one lakh rupees for sale or purchase of securities; (f) opening a bank account;
(g) making an application for installation of a telephone connection (including a cellular telephone connection);
(h) payment to hotels and restaurants against their bills for an amount exceeding twenty-five thousand rupees at any one time ;
(i) payment in cash for purchase of bank drafts or pay orders or banker’s cheques for an amount aggregating fifty thousand rupees or more during any one day;
(j) deposit in cash aggregating fifty thousand rupees or more with a bank during any one day;
(k) payment in cash in connection with travel to any foreign country of an amount exceeding twenty-five thousand rupees at any one time.
Understand PAN
A typical PAN is AAAPK7190K.
First three characters i.e. “AAA” in the above PAN are alphabetic series running from AAA to ZZZ
Fourth character of PAN i.e. “P” in the above PAN represents the status of the PAN holder. “P” stands for Individual, “F” stands for Firm, “C” stands for Company, “H” stands for HUF, “A” stands for AOP, “T” stands for TRUST etc.
Fifth character i.e. “K” in the above PAN represents first character of the PAN holder’s last name/surname.
Next four characters i.e. “7190” in the above PAN are sequential number running  from 0001 to 9999.
Last character i.e. “K” in the above PAN is an alphabetic check digit.

Forms required for PAN application?

Form No. 49A – NEW PAN FOR INDIAN CITIZEN
Form No. 49AA- NEW PAN FOR FOREIGN CITIZEN

How to Apply for Pan?
PAN card can be apply in any mode either offline or offline.
Application for fresh allotment of PAN can be made through Internet. Further, requests for changes or correction in PAN data or request for reprint of PAN card (for an existing PAN) may also be made through Internet.
Online application can be made either through the portal of NSDL
or portal of UTITSL
(http://www.utitsl.co.in/utitsl/uti/newapp/newpanapplication.jsp)
 Charges for PAN
Fee for processing PAN application: 105 ( 93 + service tax) for PAN card to be dispatched in India. For dispatch outside India, fee is 971 (including service tax) i.e. there are no additional charges. Payment of application fee can be made through credit/debit card or net-banking. Once the application and payment is accepted, the applicant is required to send the supporting documents through courier/post to NSDL/UTITSL. Only after the receipt of the documents, PAN application would be processed by NSDL/UTITSL
Documents required
Applicant is required to submit Proof of Identity, Address and Date of birth (applicable for Individuals & Karta of HUF) and in case of online application online acknowledgment receipt is also required.

Document acceptable as proof of identity, address and date of birth as per Rule 114 (4)of Income Tax Rules, 1962
Proof of IdentityProof of AddressProof of date of birth
Indian Citizens (including those located outside India)
Individuals & HUF
(i) Copy of
  1. Aadhaar Card issued by the Unique Identification Authority of India; or
  2. Elector’s photo identity card; or
  3. Driving License; or
  4. Passport; or
  5. Ration card having photograph of the applicant; or
  6. Arm’s license; or
  7. Photo identity card issued by the Central Government or State Government or Public Sector Undertaking; or
  8. Pensioner card having photograph of the applicant; or
  9. Central Government Health Service Scheme Card or Ex-Servicemen Contributory Health Scheme photo card
(ii) Certificate of identity in Original signed by a Member of Parliament or Member of Legislative Assembly or Municipal Councilor or a Gazetted officer, as the case may be (in prescribed format); or
(iii) Bank certificate in Original on letter head from the branch(along with name and stamp of the issuing officer) containing duly attested photograph and bank account number of the applicant (in prescribed format)
(i) Copy of
  1. Aadhaar Card issued by the Unique Identification Authority of India; or
  2. Elector’s photo identity card; or
  3. Driving License; or
  4. Passport; or
  5. Passport of the spouse; or
  6. Post office passbook having address of the applicant; or
  7. Latest property tax assessment order; or
  8. Domicile certificate issued by the Government; or
  9. Allotment letter of accommodation issued by Central or State Government of not more than three years old; or
  10. Property Registration Document; or
(ii) Copy of following documents of not more than three months old
  1. Electricity Bill
  2. Landline Telephone or Broadband connection bill
  3. Water Bill
  4. Consumer gas connection card or book or piped gas bill
  5. Bank account statement or as per note 2
  6. Depository account statement
  7. Credit card statement
(iii) Certificate of Address in Original signed by a Member of Parliament or Member of Legislative Assembly or Municipal Councilor or a Gazetted officer, as the case may be (in prescribed format)
(iv) Employer certificate in original (in prescribed format).
Copy of
  1. Birth Certificate issued by the Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Birth and Deaths or the Indian Consulate as defined in clause (d) of sub-section (1) of section 2 of the Citizenship Act, 1955 (57 of 1955); or
  2. Pension payment order; or
  3. Marriage certificate issued by Registrar of Marriages; or
  4. Matriculation Certificate; or
  5. Passport; or
  6. Driving License; or
  7. Domicile Certificate issued by the Government; or
  8. Affidavit sworn before a magistrate stating the date of birth
Note:
1. In case of Minor, any of the above mentioned documents as proof of identity and address of any of parents/guardians of such minor shall be deemed to be the proof of identity and address for the minor applicant.2. For HUF,
(a) An affidavit by the karta of the Hindu Undivided Family stating the name, father’s name and address of all the coparceners on the date of application; and (b) Copy of any document applicable in the case of an individual specified above, in respect of karta of the Hindu undivided family, as proof of identity, address and date of birth.
Note:
1. Proof of Address is required for address mentioned in item no.7.2. In case of an Indian citizen residing outside India, copy of Bank Account Statement in country of residence or copy of Non-resident External (NRE) bank account statements (not more than three months old) shall be the proof of address.
Proof of identityProof of Address
Company registered in India
Copy of 
a) Certificate of Registration issued by the Registrar of Companies.
Copy of 
a) Certificate of Registration issued by the Registrar of Companies.
Firm
Copy of 
a) Partnership deed; or
b) Certificate of Registration issued by the Registrar of Firms
Copy of 
a) Partnership deed; or
b) Certificate of Registration issued by the Registrar of Firms
Limited Liability Partnership
Copy of 
a) Certificate of Registration issued by the Registrar of LLPs.
Copy of 
a) Certificate of Registration issued by the Registrar of LLPs.
Trust
Copy of 
a) Trust deed; or
b) Certificate of registration number issued by Charity Commissioner.
Copy of 
a) Trust deed; or
b) Certificate of registration number issued by Charity Commissioner.
Association of persons (other than Trusts) or Body of Individuals or Local authority or Artificial Juridical Person
Copy of 
a) Agreement; or
b) Certificate of registration number issued by charity commissioner or registrar of cooperative society or any other competent authority; or
c) Any other document originating from any Central or State Government Department establishing identity and address of such person.
Copy of 
a) Agreement; or
b) Certificate of registration number issued by charity commissioner or registrar of cooperative society or any other competent authority; or
c) Any other document originating from any Central or State Government Department establishing identity and address of such person.
How to know the status of PAN application?
Status of new application can be checked online through NSDL SIDE  with acknowledgement number  or with  the following details
Date of birth/Incorporation date  and Name of the applicant
Also PAN staus can be cheked through UTI website with CUPON NUMBER
Can a person obtain or use more than one PAN?
Obtaining or possessing more than one PAN is against the law, for which penalty of Rs.10,000/- may be imposed
Is there any TATKAL facility for allotment of PAN?
NO, There is no such facilities
Is father’s name compulsory?
NO,
CBDT has revised PAN Application form 49A and 49AA wef from 16.05.2014 vide its notification no. 26/2014 , Dated- 16-5-2014. Revised Form 49A and 49AA provides option to get printed Mothers Name on PAN card. So those applying for New PAN card or for revised PAN card have the option to get printed on their PAN card printed the name of his/her mother.But applicant can select only one option, he /she cannot have the name of both mother and father printed on PAN card. In case Applicant do not exercise his/her option than by default Father’s name will get printed on PAN card.

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