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Showing posts with label Commerce Knowledge. Show all posts
Showing posts with label Commerce Knowledge. Show all posts
Thursday, June 4, 2015
Income Tax Due Dates for the Month of June 2015

Income Tax Due Dates for the Month of June 2015




7 June 2015
​​Due date for deposit of Tax deducted/collected for the month of May, 2015​

15 June 2015
​​​​First instalment of advance income-tax in the case of a company for the assessment year 2016-17

22 June 2015
​​Due date for issue of TDS Certificate for tax deducted under Section 194-IA in the month of May, 2015

30 June 2015
  1. ​​Return in respect of securities transaction tax for the financial year 2014-15
  2. ​​Quarterly return of non-deduction of tax at source by a banking company from interest on time deposit in respect of the quarter ending March 31, 2015​
  3. ​​Report by an approved institution/public sector company under Section 35AC(4)/(5) for the year ending March 31, 2015​
  4. ​​Due date for furnishing of statement of income distributed by business trust to its unit holders during the financial year 2014-15. This statement is required to be furnished to the unit holders in form No. 64B [As prescribed under Rule 12CA inserted by the Income-tax (First Amendment) Rules, 2015, w.e.f. 19-1-2015.]

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Tuesday, June 2, 2015
TDS & TCS Amendments Effective From 01-06-2015

TDS & TCS Amendments Effective From 01-06-2015


Given below are the several amendments relating to Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) that have been proposed in Budget 2015-16.

1. Requirement for obtaining evidence/ particulars by employer for TDS–Section 192

  • Currently, the person responsible for paying salary has to depend upon the evidence/ particulars furnished by the employee in respect of deductions, exemptions and set-off of loss claimed. There is neither any guidance regarding the nature of evidence/particulars to be obtained nor any uniformity in this regard. 
  • With a view to rationalise the collection of information and documents by employers, a new sub-Section (2C) is proposed to be introduced in Section 192 to provide that the person responsible for paying salary to an employee will be required to obtain evidence or proof or particulars of prescribed claims including claim for set-off of loss under the provisions of the Act in the prescribed form and manner. This amendment is effective from 1st June 2015. 

2. TDS from premature withdrawal from Employees’ Provident Fund Scheme (EPFS) – Sections 192A and 197A

  • When an employee participating in a Recognised Provident Fund (RPF) withdraws the accumulated balance lying to her/his credit in the said RPF account, that amount is not included in her/his total income and is considered as exempt provided certain conditions are met. The main condition is that such a person should have rendered continuous service with that employer for a period of five years or more. In case of cessation of employment, if the employee takes up an employment with another employer and the accumulated balance in her/his RPF account is transferred to her/his RPF account maintained by such other employer, then also the exemption would be available. 
  • It therefore follows that if the abovementioned conditions are not satisfied, the accumulated balance due to the employee is taxable in the hands of the employee. In such a case, tax is required to be calculated by re-computing the tax liability of the years for which the contribution to RPF has been made, by treating the same as contribution to unrecognised provident fund. The trustees of an RPF are required to deduct tax at source on such accumulated balance at the time it is paid, as if such withdrawn amount were income chargeable under the head Salaries. However, often, the trustees did not have the requisite information to be in a position to compute the TDS correctly. With a view to simplify the process of deduction in such cases, Section 192A is now inserted to provide that trustees of RPFs shall, at the time of payment of the accumulated balance due to the employee, deduct tax at source at the rate of 10%, where the aggregate withdrawal is Rs. 30,000/- or more. 
  • At the same time, if the concerned employee fails to furnish her/his permanent account number (PAN) to the person responsible for deducting such tax, then tax shall be deducted at the maximum marginal rate as per Section 206AA. It has also been provided that tax shall not be deducted if the employee furnishes to the payer a self-declaration in the prescribed Form No. 15G/15H, declaring that the tax on her/his estimated total income of the relevant previous year would be nil. All these amendments shall take effect from 1st June 2015.
3. TDS from interest (other than interest on securities)–Section 194A

There are several amendments pertaining to TDS from interest.

  • Interest on fixed deposits with banks attracts TDS under Section 194A. Only exception to this was in respect of interest paid by co-operative banks to their members. 
  • Now, Section 194A(3)(v) has been amended to expressly provide that payment of interest on time deposits by a cooperative bank to its members will not be exempt from withholding tax requirement. Therefore, with effect from 1st June 2015, when interest paid or credited in excess of the prescribed limit (which is presently Rs. 10,000/-), tax will have to be deducted at source by the cooperative bank. 
  • The existing provisions that permit a depositor to furnish Form 15G/15H for non-deduction of tax at source from the interest wherever applicable, will apply to the interest on deposits with cooperative banks also. 
  • The exemption from withholding tax under Section 194A(3)(viia)(b) in respect of payment of interest on time deposit taken from a cooperative society will continue to be available to a cooperative bank. Similarly, a primary agricultural society or a primary credit society or a cooperative land mortgage bank or a cooperative land development bank shall continue to enjoy the exemption under Section 194A(viia)(a), and will accordingly not be required to deduct tax at source from interest payment. 
  • The definition of the term time deposits under Explanation 1 to Section 194A(3) has been amended to include recurring deposits within its scope. As a result, now for all banks, whether cooperative or commercial, interest paid on both time deposits and recurring deposits will attract the TDS provisions. 
  • Many bank depositors avoided TDS from interest on bank fixed deposits by splitting their deposits amongst different branches of the same bank. This was on account of the current provision whereby the threshold limit of exemption from TDS is applicable to the interest credited or paid by every branch on an individual basis. With a view to curbing this practice, it is now proposed that TDS under Section 194A will be with reference to income credited or paid by the banks as a whole (in those cases where core banking solutions have been adopted by the concerned bank). 
  • Interest paid on compensation amount awarded by the Motor Accident Claim Tribunal has been brought under the ambit of TDS. If the aggregate amount of such a payment during the financial year exceeds Rs. 50,000/-, there will be a TDS at the time of payment of the interest. Consequently, it follows that there would be no requirement to deduct tax at source at the time of credit of interest. All the above amendments are effective from 1st June 2015. 
4. TDS from payments to transporters–Section 194C

  • Currently, payment to transporters carrying on the business of plying, hiring, or, leasing of goods carriages is not liable to withholding tax if the transporter furnishes her/his permanent account number to the payer. It seems that the intention of having this provision was to exclude small transporters from the rigours of TDS provisions. But because of the way the section was drafted, all transporters were excluded from the TDS provisions if they had a PAN. 
  • With a view to bring back the big transporters back into the TDS fold, from 1st June 2015 onwards, this exemption will be available only to those transporters who own ten or less goods carriages at any time during the previous year. Such a transporter would also need to furnish a declaration to that effect to the payer along with the PAN. 
  • There was also some bit of confusion in the minds of a few people as to whether the said section (and exclusion) applied to payers engaged in the business of transport or to payees engaged in the business of transport. To remove this confusion, it has now been clarified in the Memorandum to the Finance Bill that this exemption is available whether such amount is paid by a person engaged in the business of transport or otherwise. 

5. Obtaining/quoting tax deduction and collection account number (TAN) relaxed for certain notified persons–Section 203A

  • At present, any person who is required to deduct tax at source (other than under Section 194IA) is expected to obtain a TAN and quote that TAN in the challan and the TDS statement that he is supposed to file. This is a cumbersome requirement–particularly to the individuals who acquire an immovable property from non-residents. In such cases, for one time transactions also, the TAN related formalities have to be complied with. In order to provide relief to such individuals or Hindu undivided families (HUFs) who are not liable for audit under Section 44AB or for one time transactions such as single transaction of acquisition of immovable property from non-residents on which tax is deductible under Section 195, it is proposed to amend Section 203A to the effect that the requirement of obtaining and quoting of TAN shall not apply to such notified persons. This amendment is effective from 1st June, 2015.
6. Processing of TCS returns–Section 206CB

  • A new Section 206CB is proposed to be introduced to facilitate the processing of TCS (tax collected at source) statements on the same lines as TDS statements. 
  • Section 206CB(1) permits adjustments to the sums collectible to take care of arithmetical errors or incorrect claims apparent from any information in the TCS statement filed. 
  • Interest if any, payable on the sum collectible and fee payable under Section 234E are now chargeable in respect of the TCS. For this purpose, suitable provisions have been introduced in the Sections 200A and 206CB. 
  • The intimation has to be sent before the expiry of one year from the end of the financial year in which the statement is filed.
  • Section 206C(7) provides for payment of interest if the person responsible for collecting the tax does not collect the tax or after collecting does not pay it as required under that Section. At the same time, since an intimation generated under Section 206CB is deemed to be a notice of demand under Section 156, interest under Section 220(2) would be payable if the tax collector fails to pay such demand within thirty days of the service of the notice of demand. This could give rise to a situation where interest is charged under both Sections, 220(2) as well as 206C(7). To avoid this, a new sub-Section (2C) is proposed to be inserted in the Section 220 to provide that where interest is charged for any period under Section 206C(7), no interest shall be charged under Section 220(2) of the Act on the same amount for the same period. These amendments are effective from 1st June 2015.

7. Self-declaration for non-deduction of tax from life insurance payments–Sections 194DA and 197A

  • Section 194DA provides for deduction of tax at source at the rate of 2% from payments made under a life insurance policy, if such amount is chargeable to tax and the amount is not less than Rs. 1,00,000/-However, there is no facility for such an assessee to file a self-declaration under Section 197A to receive the amount without deduction of tax at source even if she/ he has no tax liability. 
  • It is now proposed to amend Section 197A provided that tax shall not be deducted under Section 194DA if the recipient of the payment on which tax is deductible furnishes to the payer a self-declaration in the prescribed Form No. 15G/15H declaring that the tax on his estimated total income for the relevant previous year would be nil. This amendment is effective from 1st June 2015. 

8. Interest on certain bonds and Government securities earned by FIIs–Section 194LD

  • Presently, interest paid to a foreign institutional investor, qualified foreign investor and foreign portfolio investor on rupee denominated bonds of an Indian company or a Government security is taxed at a concessional rate of 5% plus applicable surcharge and cess. This concession was available for interest payable on or after 1st June 2013 but before 1st July 2015. 
  • The concessional rate of tax is proposed to be extended up to 30th June 2017. 

9. Furnishing of information made more stringent and penalty introduced – Sections 195 and 271-I

  • Presently, when any person responsible for making a payment to a non-resident of any interest or other sum chargeable under the provisions of this Act, such person is required to deduct tax from such payment under Section 195(1). Further, sub-Section (6) of Section 195 requires such person to furnish the information relating to payment of any sum in Form 15CA. In most cases, a view was taken that this provision applied only to payments which gave rise to income chargeable to tax in India. Consequently, payments that did not give rise to income chargeable to tax in India were not reported in the Form 15CA.
  • Now, sub-Section (6) is proposed to be amended to provide for furnishing of information whether or not such remittances are chargeable to tax. This would cast a heavy burden on persons who make payments to non residents–especially in case of import of goods. Even for such payments, now, the obligation to furnish Form 15CA (and also Form 15CB) will have to be complied with. 
  • This burden has been further compounded by the proposal to introduce a new Section 271-I to levy a penalty of Rs. 1,00,000/- if the person required to furnish information under Section 195 fails to furnish such information or furnishes inaccurate information. This amendment is effective from 1st June 2015. 
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Wednesday, May 27, 2015
INVEST IN EQUITIES, BASICS OF EQUITY INVESTMENT & BENEFITS TO A SHAREHOLDER

INVEST IN EQUITIES, BASICS OF EQUITY INVESTMENT & BENEFITS TO A SHAREHOLDER


WHY SHOULD ONE INVEST IN EQUITIES ?

No matter where you are in life, equities have an important role to play within a properly diversified portfolio. They can help with building your savings, maximizing your income and protecting your wealth:

Building your savings
Historically, equities provide superior long-term returns compared to cash and fixed-income investments. However, equities typically fluctuate more in value. Because these fluctuations tend to smoothen out over time, it’s important to take a long-term perspective when investing in equities.

Maximizing your income
If you’re an income-oriented investor, your portfolio probably contains a high percentage of T-bills and government bonds. However, it’s important not to overlook the key role that equities can play in your portfolio. In addition, the income generated by equity investments— like dividends or capital gains—is taxed more favorably than interest income. Setting aside a certain percentage of your
portfolio to equities can enhance your after-tax income.

Protecting your wealth
Another reason to invest in equities is to protect your wealth. This may seem counterintuitive given that equities are not guaranteed,while fixed-income investments are. However, because fixed-income investments offer such low interest rates, they offer little protection from taxes and inflation eroding your wealth over time. Again, adding a certain percentage of equities to your portfolio, while keeping the balance in guaranteed investments, can help protect your portfolio’s value in the long run.

“Did You Know”
From April 1995 to April 2015, the S&P BSE Sensex has risen from 3,300 to 28,200, while CNX Nifty has risen from 1,000 to 8,600 during the same period

BASICS OF EQUITY INVESTMENT

As we have seen how equity investments can beat inflation, let’s understand the basics of equity investment & how can it be beneficial to shareholders. An equity share is a unit of ownership in a company. Every company issues a certain number of shares to its promoters, i.e., those who participate in its formation. The company issues additional shares to the public, when it raises money by way of an Initial Public Offer (IPO). Hence, in addition to the promoters, the public too becomes shareholders of the company. So, if you hold 100 shares of a company which has issued 10,000 shares, you own 1 per cent of the company.

BENEFITS TO A SHAREHOLDER

Why should you purchase shares of a company? What are the benefits that accrue to you as a shareholder? Apart from the right to vote and decide the future course of action that a company takes, the real benefit that you, as a shareholder, have is in the form of participation that you get in the profits made by the company. At the same time, your liability is limited only to the face value of the shares held by you.The benefits distributed by the company to its shareholders can be either Monetary benefits or Non-Monetary benefits.

  • Monetary Benefits : Monetary benefits can be in the form of Dividend or Capital Appreciation.

Dividend: You as an equity shareholder have a right on the profits generated by the company. Profits are distributed in part or in full in the form of dividends. Dividend is your earning on the investment made in shares, just like interest in case of bonds or debentures. A company can issue dividend in two forms:

  1. Interim Dividend
  2. Final Dividend: While final dividend is distributed only after the closing of the financial year; companies at times declare an interim dividend during a financial year. Hence if X Ltd. earns a profit of `40 crore and decides to distribute dividend of `2 to each shareholder & if you are a holder of 200 shares of X Ltd., then you would receive `400 as dividend. This is a return that you shall earn as a result of the investments made by you in X Ltd.

Capital Appreciation: You also benefit from capital appreciation. Simply put, this means an increase in the value of the company usually reflected in its share price. Companies generally do not distribute all their profits as dividend. As the companies grow, profits are reinvested in the business. This means an increase in net worth (capital of the company plus accumulated profits that have not been
distributed), which results in appreciation in the value of shares. Hence, if you purchase 200 shares of X Ltd. at `20 per share and hold the same for two years, after which the value of each share is Rs.35. This means that your investment has appreciated by `3,000/-.

  • Non-Monetary Benefits: Apart from dividends and capital appreciation, investments in shares also fetch some type of non-monetary benefits to you. Bonus and rights issues are two such noticeable benefits.

Bonus: Instead of distributing accumulated profits as dividends, companies have the option of issuing bonus shares, i.e., they will give more shares to you free of cost. Prima facie, it does not affect your wealth as a shareholder, however, in practice bonuses carry certain latent advantages such as tax benefits, better future growth potential, an increase in the floating stock of the company, etc. Hence if X Ltd. decides to issue bonus shares in a ratio of 1:1, and you are currently holding 200 shares, you will receive an equivalent number of shares (200) free of cost. Normally the price of the X Ltd. will then fall in the stock market to keep your overall wealth at the same level. This reduced price is known as the ex-bonus price.
For example, if the price of X Ltd. in the stock market was `40 before declaring this bonus issue, it would fall to `20 after the issue. Hence, your investment value which was `8000 (200 shares x `40 per share) would remain the same (400 shares x `20 per share). In case the bonus ratio was 1:2, i.e., for every 2 shares held the company issues 1 bonus share, you would have received 100 (200/2 = 100)
bonus shares.

Rights Issue: A company may need more money to expand and for that it may need to issue more equity shares. A rights issue involves issuing of additional shares to the existing shareholders of the company. A company wishing to issue additional shares should first offer them to its existing shareholders so that it allows the existing shareholders to maintain the same degree of control of the company.Thus you can maintain your participation in the company profits

“Did You Know”
From April 1995 to April 2015, the S&P BSE Sensex has risen from 3,300 to 28,200, while CNX Nifty has risen from 1,000 to 8,600 during the same period


UNDERSTANDING FINANCIAL LINGO



  • Equity : Equity is the ownership interest in a corporation in the form of common stock or preferred stock.
  • Stock Exchange : A stock exchange is a form of exchange which provides services for stock brokers and traders to buy or sell stocks, bonds and other securities. Stock exchanges also provide facilities for issue and redemption of securities and other financial instruments, and capital events including the payment of income and dividends.
  • Clearing Corporation : Clearing Corporation is an organization which works with the exchanges to handle confirmation, delivery and settlement of transactions. Such corporations play a key role in ensuring that executed trades are settled within a specified period of time and in an efficient manner. Clearing Corporation is also called as clearing firm or clearing house.
  • Index : Index is a statistical composite that measures changes in the economy or in financial markets, often expressed in percentage changes from a base year or from the previous month. Indexes measure the ups and downs of stock, bond and some commodities markets, in terms of market prices and weighting of companies in the index.
  • Bull market : Any market in which prices are in an upward trend.
  • Bear market : Any market in which prices are in a declining trend.
  • Benchmarking : Comparing the performance of a firm to a set of industry peers (the benchmark). Typically done across a variety of ratios and using both horizontal and vertical analysis. Industry peers are chosen based on size, industry code, location, etc.
  • Cash flow : In investments, it represents earnings before depreciation, amortization and non-cash charges. Sometimes called cash earnings. Cash flow from operations (called funds from operations) by real estate and other investment trusts is important because it indicates the ability to pay dividends.
  • Compounding : The process of accumulating the time value of money forward in time. For example, interest earned in one period earns additional interest during each subsequent time period.
  • Earnings per share (EPS) : EPS, as it is called, is a company’s profit divided by its number of outstanding shares. If a company earned `2 million in one year & had 2 million shares of stock outstanding, its EPS would be `1 per share. The company often uses a weighted average of shares outstanding over the reporting term.


QUESTIONS & ANSWERS


1.What is Capital Market?
The Capital Market is the market for long-term loans (debentures & bonds) and equity capital. Companies and the government can raise funds for long-term investments via the capital market. The capital market includes the stock market, bond market and primary market. Thus, organized capital markets are able to guarantee sound investment opportunities. The capital market can be contrasted with other financial markets such as the money market which deals in short term liquid assets and futures markets which deal in commodities contracts.

2. What is Financial Market?
The financial markets are markets which facilitate the raising of funds or the investment of assets, depending on viewpoint. They also facilitate handling of various risks. The financial markets can be divided into different subtypes:

  • Stock markets, which facilitates equity investment and buying and selling of shares of stock.
  • Bond markets, which provides financing through the issue of debt contracts and the buying and selling of bonds and debentures.
  • Money markets, which provides short term debt financing and investment.
  • Derivatives markets, which provides instruments for handling of financial risks.
  • Futures markets, which provide standardized contracts for trading assets at a forthcoming date.
  • Insurance markets, which facilitates handling of various risks.
  • Foreign exchange markets, these markets can be either primary markets or aftermarkets.

3. What is Stock Market?
A stock market is a market for the trading of publicly held company stock and associated financial instruments (including stock options, convertibles and stock index futures). Many years ago, worldwide, buyers and sellers were individual investors and businessmen. These days markets have generally become "institutionalized"; that is, buyers and sellers are largely institutions whether pension funds,insurance companies, mutual funds or banks. This rise of the institutional investor has brought growing professionalism to all aspects of the markets.

4. Who are the main participants in the Capital Market?
The capital market framework consists of the following participants:

  • Regulatory Institutions (e.g. SEBI) 
  • Stock markets
  • Market intermediaries, such as depositories, stock-brokers and Mutual Funds 
  • Investors

5. What are the different types of financial instruments?
The following are the different types of financial instruments:

  • Debentures
  • Bonds
  • Preference shares
  • Equity shares
  • Government securities

6. How do I buy financial instruments as investment options?
One cannot buy directly from the market or stock exchange. A buyer has to buy stocks or equity through a Stock Broker, who is a registered authority to deal in equities of various companies. In effect, a lot many intermediaries might come in between the buyer and seller, as brokers do their business through many sub-brokers and the like.

7. How risky is the Stock Market?
The general theory goes that the higher the profit, the greater the risk. Since there is scope for high profit in the Stock Market, investing in the Stock Market can be risky.

8. If Stock Market is so risky, why are people in it?
Basic human psychology. Men want profits- big and fast. Not many are deterred by the risks involved. The fact is that investment in the stock markets can give, potentially, the fastest ROI (Return On Investment), as the value of a stock can rise pretty fast, ensuring huge profit for investor. People buy shares in a company for either of two reasons:

  • They have a stake in the company. They are concerned not only in the future growth in stock value but in the worth of the company itself. Their investments are long-term and they don’t sell their shares in an impulse.
  • They want quick profit and don’t have any stake or interest in the company, but merely want some quick value addition. Their investments - both buying and selling - are impulsive. Mostly, they don’t do any market research and don’t follow any sector or company to gain proper knowledge before investing.

9. How can I achieve success in stock market?
The precept is very easy. Saving your investment is the first and most important part. This can be done by ensuring that you do not put your money in a company that does not show solid prospects. Fly- by- nights companies or companies whose shares touch the roof suddenly, need to be avoided. Companies that show a steady prospect are good to invest in. Needless to say, this process involves close acquaintance with market movements and a thorough understanding of the concepts involved.
The second thing is that adequate market knowledge is very important especially when you have invested in the stock market. One should be patient and judiciously responsive to market swings.
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Thursday, May 21, 2015
SERVICE TAX - General - FREQUENTLY ASKED QUESTIONS

SERVICE TAX - General - FREQUENTLY ASKED QUESTIONS




What is Service Tax and who pays this tax? 
Service tax is, as the name suggests, a tax on Services. It is a tax levied on the transaction of certain services specified by the Central Government under the Finance Act, 1994. It is an indirect tax (akin to Excise Duty or Sales Tax) which means that normally, the service provider pays the tax and recovers the amount from the recipient of taxable service.

Who is liable to pay service tax? 
Normally, the ‘person’ who provides the taxable service on receipt of service charges is responsible or paying the Service Tax to the Government (Sec.68 (1) of the Act). However, in the following situations, the receiver of the Services is responsible for the payment of Service tax : 

  • Where taxable services are provided by foreign service providers with no establishment in India , the recipient of such services in India is liable to pay Service Tax. 
  • For the services in relation to Insurance Auxiliary Service by an Insurance Agent, the Service Tax is to be paid by the Insurance Company 
  • For the taxable services provided by a Goods Transport Agency for transport of goods by road, the person who pays or is liable to pay freight is liable to pay Service Tax , if the consignor or consignee falls under any of the seven categories viz. (a) a factory (b) a company (c) a corporation (d) a society (e) a co-operative society (f) a registered dealer of excisable goods (g) a body corporate or a partnership firm. 
  • For the taxable services provided by Mutual Fund Distributors in relation to distribution of Mutual Fund the Service Tax is to be paid by the Mutual Fund or the Asset Management Company receiving such service. 

[ Refer: Sec. 68(2) of the Act read with Rule 2(1)(d) of the Service Tax Rules, 1994.]

Under what authority service tax is levied? 
Vide Entry 97 of Schedule VII of the Constitution of India, the Central Government levies service tax through Chapter V of the Finance Act, 1994. The taxable services are defined in Section 65 of the Finance Act, 1994. Section 66 is the charging section of the said Act. 

What are the taxable service
Taxable Services have been specified under Section 65(105) of the Finance Act, 1994. All the taxable services as on 01.05.2011 are listed in Appendix-1. The list also shows the relevant Accounting Heads required to be mentioned on the tax payment documents (GAR-7), while depositing the Service Tax and other related dues in the banks. 

How to decide whether Service Tax is payable by a person? 

A. If you are engaged in providing a service to any person, please check:- 

  • Whether the service rendered by you is falling under the scope of any of the taxable services listed in the Appendix-1.; and 
  • Whether there is a general or specific exemption available for the category of service provided under any notification issued under section 93 of the Finance Act, 1994. 
  • Whether you are entitled to the value based exemption available for small service providers under notification No.6/2005-ST dated 1.3.05 as amended from time to time. Details are explained in para 8.1 of this Booklet. 
  • Whether the service charges were received for the services provided or to be provided. 

In case the service provided by a person falls within the scope of the taxable services and if such service is not fully exempted, the service tax is payable on the value of the taxable service received, subject to the eligible abatements, if any (as discussed at para 1.7 of this Booklet).

B.If you are availing the services of the service provider, please check:- 

  • Whether the service received by you is falling under the scope of any of the services where the recipient of the service is liable to pay Service Tax in terms of Section 68(2) of the Act read with Rule 2(d) of the Service Tax Rules, 1994 (Please also see Para 1.2 of this Booklet) 
  • In case the service received by recipients of such service is falling under the scope of any of the taxable services defined under section 65 of the Finance Act, 1994, the recipients of the service shall pay Service Tax after considering specific exemptions/abatements admissible, if any. 
  • Please note that the value based exemption for small scale service providers under Notification No.6/2005 ST dated 01.03.2005 as amended is not admissible to such recipients of taxable services. (For further details, please see para 7.1 of this Booklet). 

What is meant by “value of taxable service"? 

  • The "value of taxable service" means, the gross amount received by the service provider for the taxable service provided or to be provided by him. Taxable value has to be determined as per the provisions of the Section 67of the Finance Act, 1994, read with Service Tax (Determination of Value) Rules, 2006. 
  • For certain services, a specified percentage of abatement is allowed from the gross amount collected for rendering the services (see Appendix – 2) subject to the conditions, inter alia, that CENVAT Credit has not been availed by the service provider and the benefit under the Notification No.12/2003-ST dt. 20.6.2003 as amended has also not been availed. 
  • There is also a composition scheme for ‘works contract service’, where the person liable to pay service tax in relation to works contract service shall have the option to discharge his service tax liability on the works contract service provided or to be provided, instead of paying service tax at the rate specified in section 66 of the Act, by paying an amount equivalent to 4% of the gross amount charged for the works contract. The gross amount charged for the works contract shall not include Value Added Tax (VAT) or sales tax, paid on transfer of property in goods involved in the execution of the said works contract. 

Can the Department modify the value determined by the service provider? 

  • The Central Excise Officer is empowered to verify the accuracy of any information furnished or document presented for valuation. 
  • If the value adopted by the Service Tax assessee is not acceptable in accordance with the statute, the officer shall issue a show cause notice (SCN) proposing to determine the value as per the law. 
  • The SCN would be decided after providing reasonable opportunity of being heard to the assessee. 

(Rule 4 of the Service Tax (Determination of Value) Rules, 2006 read with Section 67 of the Act)

What are the statutes governing the taxation relating to Service Tax? 

The Statutes governing the levy of Service Tax are as follows: 

  • The Finance Act, 1994 - Chapter V - Section 64 to 96 I. (Also referred to as ‘Act’ in this book). This chapter extends to the whole of India except the State of Jammu and Kashmir. 
  • The Finance Act, 2004 Chapter VI - for levy of Education Cess @ 2% on the Service Tax. 
  • The Finance Act, 2007 – for levy of Secondary and Higher Education Cess of 1% on Service tax. 
  • The Service Tax Rules, 1994. (Also referred to as ‘Rules’ or ‘STR,1994’ in this book). 
  • The CENVAT Credit Rules, 2004. 
  • The Export of Service Rules, 2005. 
  • The Service Tax (Registration of Special categories of persons) Rules, 2005. 
  • The Taxation of Services (Provided from Outside India and Received in India) Rules, 2006 (with effect from 19th April, 2006) – Notification No. 11/2006-ST dated 19.4.2006 as amended vide Notfn.No.31/2007 – ST dated 22.05.2007. 
  • The Service Tax (Determination of Value) Rules, 2006 (with effect from 19th April, 2006) – Notification No. 12/2006-ST dated 19.4.2006 as amended vide Notfn.No.24/2006 – ST dated 27.06.2006 and Notfn.No.29/2007-ST, dated 22.05.2007. 
  • Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007-Notification No. 32/2007-Service Tax dated 22nd May, 2007, as amended by Notification No. 07/2008-St dated 1st March, 2008.
  • Service Tax (Removal of Difficulty) Order, 2010 effective from 22.6.2010. 
  • Point of Taxation Rules 2011. 

Is there any exemption from payment of service tax to Diplomatic Missions for official use and individuals and their family members posted in a Diplomatic Mission? 
Yes, any taxable service provided to Diplomatic Missions for official use of such Mission as well as for the personal use or for the use of the family members of diplomatic agents or career consular officers posted in a foreign diplomatic mission or consular post in India is exempt in terms of the notifications numbers 33/2007-ST dated 23rd May, 2007 and 34/2007-ST dated 23rd May, 2007 respectively.

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Thursday, May 14, 2015
Doubts have been expressed regarding increase the rate of service tax from 12.36% to 14%.

Doubts have been expressed regarding increase the rate of service tax from 12.36% to 14%.

Doubts have been expressed in various forums regarding the proposed increase in the rate of service tax from 12.36% (including education cesses) to 14% on the value of taxable service.  
  • It may be noted that changes proposed in the Budget have/are coming into effect on various dates as already indicated in JS (TRU-II) D.O. letter dated 28th February, 2015. Certain amendments made in the Finance Act, 1994, including the change in service tax rate, will come into effect from a date to be notified by the Government after the enactment of the Finance Bill, 2015.
  • In this regard your attention is invited to clause 106 of the Finance Bill, 2015 and paragraph 3 of JS (TRU-II) D.O. letter, which  is reproduced below:-
Service Tax Rate:
  1. The rate of Service Tax is being increased from 12% plus Education Cesses to 14%. The ‘Education Cess’ and ‘Secondary and Higher Education Cess’ shall be subsumed in the revised rate of Service Tax. Thus, the effective increase in Service Tax rate will be from the existing rate of 12.36% (inclusive of cesses) to 14%, subsuming the cesses.
  2. In this context, an amendment is being made in section 66B of the Finance Act, 1994. Further, it has been provided vide clauses 179 and 187 respectively of the Finance Bill, 2015 that sections 95 of the Finance Act, 2004 and 140 of the Finance Act, 2007, levying Education Cess and Secondary and Higher Education Cess on taxable services shall cease to have effect from a date to be notified by the Government.
  3. 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.
  4. Till the time the revised rate comes into effect, the ‘Education Cess’ and ‘Secondary and Higher Education Cess’ will continue to be levied in Service Tax.”

  • The paragraph reproduced above is self-explanatory and it is clear that 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. The date will be notified in due course after the enactment.
  • Similarly, certain doubts have been raised with regard to abatement on value of services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess, having the facility of air-conditioning or central air-heating in any part of the establishment, at any time during the year. Valuation of services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess is determined as provided in rule 2C of the Service Tax (Determination of Value) Rules, 2006.
  • In the Union Budget, 2015, no change has been made in these rules; therefore, any confusion is unwarranted. Further, as explained above, the rate of service tax on the specified portion of the amount charged for such supply which is 40% continues to be 12.36% (including cesses) at present i.e. 4.944 %. The rate of Service tax, as discussed above, will continue unchanged till a date which will be notified in due course.
  • Wide publicity may be given so that the assesses and public are aware of the above.  All the major Industry/Trade Associations may be informed accordingly. 

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Tuesday, May 12, 2015
TRACES UPDATES: Online Correction, Refund Functionality, Enhanced Features, Replace Challan Etc.,

TRACES UPDATES: Online Correction, Refund Functionality, Enhanced Features, Replace Challan Etc.,




  • The Online Correction functionality is now enabled for TDS Statements prior to FY 2012-13 also (Financial Year 2007-08 onwards), provided at leastone correction for the relevant statement has been processed by CPC (TDS).
  • Enhanced features has been enabled "without Digital Signature" for Financial Year 2012-13 onwards, however, Digital Signature will be required for PAN Correction.
  • Tag/Replace Challan has been enabled on TRACES.
  • Deductor can close all those demands which are not generated by TDSCPC through Tag/Replace Challan.
  • The Refund functionality is now enabled on TRACES under 'Statement / Payment -> Request for Refund'
  • Deductor can submit Refund request only with a valid Digital Signature registered on TRACES for Authorised Person.
  • Tax payers can make payment of demand raised by CPC - TDS against TDS on Sale of Property has been enabled on TIN-NSDL . You can make payment by entering PAN of Seller, PAN of Buyer, Acknowledgement Number, Assessment Year.
  • Details of manual and processed demands based on financial year are now available through a link on TRACES deductor dashboard.
  • The original statement will be put on hold for 7 days if Challan Mismatch / Challan Overbooked / PAN Errors has been identified in the preliminary check. Please make online correction to correct Challan Mismatch / Challan Overbooked / Pan Errors so that your statement is not processed for defaults.
  • CPC (TDS) prompts you to first close the Short payment defaults before submission of request for download of TDS Certificates (Forms 16/ 16A). Short Payment default that can be closed by Online Correction displayed when submitting request of Form 16 / 16A

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Monday, May 11, 2015
ACCOUNTS RECEIVABLES AND PAYABLES IN TALLY

ACCOUNTS RECEIVABLES AND PAYABLES IN TALLY



CONTENTS:
  1. Aims and Objectives
  2. Introduction
  3. Processing A bill wise receipt
  4. Display outstanding statements
  5. Advance
  6. Print Outstanding Statements
  7. Let us sum up
1.AIMS AND OBJECTIVES:
Bill-wise Details (Accounts Receivables and Accounts Payables)

In this lesson you have learned how to maintain details of bills specify credit periods and obtain receivable and payable reports.

Businesses usually wish to maintain details of their creditors and debtors at the invoice level and, in Tally, this is called Bill-wise accounting. It is also called as Accounts Receivables and Accounts Payables, for Sundry Debtors and Sundry Creditors respectively.

When you have completed this lesson, you will be able to:
  • Set up Tally to use Bill-wise Details.
  • Enter bill references for customer and supplier accounts
  • Give Credit periods
  • Allocate payments to outstanding purchase invoices
  • Display important outstanding statements.
2. INTRODUCTION - ACTIVATE BILL-WISED
The Bill-wise facility is turned on via the F11: Features button and setting Maintain bill wise details? To yes.
  1. At the Gateway of Tally, press F11: Company features.
  2. Type Yes for Bill-wise Details in Accounting Features.
  3. Retain No for (Non-Trading Accounts)
  4. Accept the settings and Tally displays the Gateway of Tally.
All the previously created customer and supplier accounts under the Groups Sundry Debtors and Sundry Creditors will automatically have Bill-wise details set to Yes.

Let us view the ledger master of our Sundry Debtor
Activating the bill-wise feature in F11: Features, the ledger masters under Sundry Debtors and sundry Creditors automatically display an additional option called “Maintain balanced billby- bill”. Setting this option to YES we get an additional option “Default Credit Period”

When you enter details of sales and purchases with Bill-wise turned on, Tally invites you to identify the invoice with an appropriate reference number. The reference can then be used to allocate payments to the correct invoice to maintain an accurate account of outstanding.

“Maintain balances bill-by-bill” is set to YES in the master -> if we want to maintain details
of our debtors and creditors at the invoice level.

AND

“Default Credit Period” -> Credit period is the number of days allowed to the sundry debtor to pay back or assigned to our sundry creditor to remind us of our payables. Specifying the period here is automatically reflected in the transaction -> it can be altered if required.

You will understand this better at the time of entry

Let us make a purchase entry for a new stock item Anniyappa and then a sales entry to sell the same. We will purchase from a new supplier, Anniyappa and sell to a new customer First Independent Computers.

Entering Bill-wise details for a Purchase Voucher – New Reference
  1. Create the new supplier account – Anniyappa (Under Sundry Creditors with Bill by Bill set to Yes -> Default Credit period – leave it blank)
  2. Create a new stock item anniyappa, Stock Group Software, Stock Category – Not Applicable, Unit of measure nos, Std Cost 200 Price 300. Accept default for other parameters.
  3. From Gateway of Tally -> select Accounting Voucher -> F9: Purchase. Select As Voucher.
  4. Create the following entry. Date 11/12/07. Received invoice and goods – Invoice number PCG. Enter this in the Reference Field below Purchase voucher number. Bought 10 nos Anniyappa from Anniyappa Ltd at 220-on-site. No other expenses or charges. You already know how to enter up till this stage.
  5. When you Credit the Anniyappa Ltd, you must give the Bill-wise details. Select New Ref. The contents of Reference PCG – is copied and not the voucher number. Credit period – Give 15. This is 15 days from the effective date of the invoice.
Accept the amount as the total amount due. At the Narration, type in your name. The Purchase Voucher will be displayed.

Accept the voucher and then use the ‘Page Up” key and view the purchase voucher in alteration mode and click on the button F12: Configure.

We will now learn the significance of three more configuration options. Make sure that your configuration screen looks like this -> after activating these three options. Namely,
1. Show Inventory Details
2. Show Bill-wise Details
a. Expand into multiple lines.

Accept the above configuration options and view the previous entry in alteration mode.
The purchase voucher will be displayed in alter mode:

Do you notice the new reference details you gave while making the entry? -> this is because we activated “ Show Bill-wise Details” in F12: Configure while we were on the voucher alteration screen of the purchase voucher.

Activating the option “Expand into multiple lines” ->Tally display the ‘due date’ based on
the credit days given. The date of entry is 11/12/2007 and 15 days credit period – so the due date
is 26the December 2007. If you want all the bill-wise information given – set this option to
YES.

By setting the option “Show Inventory Details” – Tally shows the name of the stock item, quantity, rate and value details.

These are convenience features!

These are provided so that you can see on screen what you are entering and if required you can also print the details if you configure as per your requirements in the printing configuration. Let us now check you bill-wise details for sale invoice entry!

Entering Bill-wise details for an invoice – New Reference
  1. Create new customer First Independent Computers (under Sundry Debtors with Bill by Bill set to Yes and set “Default Credit Period” as 7)
  2. From the Gateway of Tally -> Select Accounting Vouchers -> F8: Sales and select As Invoice. Click on F12: configure:
  3. Select a party ledger account – for example, First Independent Computers – Tally immediately displays a screen showing details of dispatch details, address details, etc., -> this is because we have set “Accept Supplementary Details” to YES in F12: Configure.Carry out this simple experiment – set it to YES and see what happens. Then set it to NO and observe what happens.
  4. Create the following entry -> Date 12/12/-7. Sold 5 pcs Anniyappa to First Independent Computers at Rs. 250 from On-Site. No other expenses or charges. Allocate to Software Sales Account.
  5. After accepting the total amount, you are required to fill the bill-wise details. Select New Ref. In the sales invoice, the voucher number is copied as reference. Note the difference in behaviour from purchase entry. (In purchase entry the information given in the reference field is displayed in the bill-wise name field. In sales entry the voucher number is displayed in the bill-wise name field) In both cases, you can give any reference you want -> you can keep the invoice number or overwrite it. In this example, overwrite it with First Game.
  6. For Credit period -> notice that 7 days appears automatically (this is 7 days from the effective date of the invoice) -> 7 days credit period appears automatically as we have specified the same in the ledger master. Accept the amount as the total amount due. The bill-wise screen will be displayed.
Accept the bill-wise allocation, and type in your name in the Narration field.
Accept the voucher.

Illustration
Use of Bill-wise facilities
Let us now create one purchase and one sales voucher with the following data:
  • On 13/12/07 bought and received goods from Anniyappa 5 nos Anniyappa at 200. Theirinvoice number 1234. Credit period 30 days. (Notice that the reference 1234 appears automatically as in the reference name in the bill-wise allocation).
  • On 14/12/07 sold to First Independent Computers 4 nos Anniyappa at 245. Credit period 45 days, enter New reference as Second Game.

Note: At the time of invoice entry, Tally will not allow you to alter the credit period. For this return to Gateway of Tally - > Accounting Vouchers -> F8: Sales (in invoice mode) -> click on F12: Configure and activate the option” Allow modification of ALL fields during entry” and then make the entry. If you wish Tally to restrict certain fields, you can configure. Whereas if you want the flexibility to alter all information, Tally can be configured to do that as well.

  • SB & Company now has an additional Sundry Creditor – Anniyappa Ltd – which has two purchase invoices awaiting payment. It also has an additional Sundry Debtor – First Independent Computers – with two sales invoices for which payment ahs not been received. First you will see what the data looks like and then you will enter a payment and receipt.
  • From the Gateway of Tally main menus -> select Display -> Statements of Accounts -> Outstanding -> Ledger ->Anniyappa Ltd from List of Ledgers to show the outstanding purchase invoices. Select F1: Detailed to show the detail: (Verify with the image given in the next page)
  • Select F4: Ledger and change to First Independent Computers to show the outstanding sales invoices.
  • Select F1: Detailed to show the detail and then return to the Gateway of Tally main menu The outstanding report allows you to toggle between legers -> using the F4: Ledger button. If you wish, you can view the Age-wise outstanding- either by bill date or by due date. This is explained in the section – Displays Outstanding Statements.
You can cross-verify in the following manner: Gateway of Tally -> Display -> Account Books -> Ledger -> select as required (Anniyapp Ltd) and you will view the Ledger details of Anniyappa Ltd. Change the data period as required and you will notice that there’s a button “Bill-wise”-> click on the same to view the outstanding report.

Making a Bill-wise payment – against Reference
On 20/12/07, you pay Anniyappa Ltd the full amount of their invoice number ANP.
  • Gateway of Tally->Accounting Vouchers -> F5; Payment and Bank Payment
  • Do you notice that the payment voucher type appears in single entry mode? This is because we have set “Use Single Entry mode for payment/receipt/contra” to YES
  • Click on the button F12: Configure and activate the option – “Show Table of Bills for selection” and accept the screen. This is to configure Tally to display a table listing out the pending bills references.
  • Press the space bar at ‘Account’ and select Bank Account. -> Please note that we are creating “Bank Account”
  • Under particulars – select Anniyappa Ltd and enter 2200 as the amount.
Note: When the original invoice details were entered. Tally asked for the invoice reference, which it placed in list of reference for this creditor. By selecting the Agst Ref. Option (against reference) Tally will new display the outstanding you saw earlier.
  • Select Agst Ref and press enter – Tally displays a list of pending bills (this is because of the option we have activated in point 3).
  • Select the first entry in the list – ANP – and keep pressing Enter until the next Particulars field is highlighted.
  • In the Narration box – type Ch no. 1234
Bill wise Payment:
Accept the entry and return to the Gateway of tally.
  1. To prove the payment has been recorded against the correct invoice, select Display,Statement of Accounts, Outstanding, Ledger and Anniyappa Ltd and you will see there is now only one entry.
  2. Does Tally retain the history of settled invoices? Press F12: Configure and tab down to Range of Bills to Show and select All bills 
  3. Select Detailed
  4. Return to the Gateway of Tally main menu.
Check your Progress:
Delete the above entry -> on the payment voucher screen -> access F12: Configure and activate the option “Pre-allocate Bills for payment”. Make the above entry and notice the difference (the list of pending bills is displayed first before entering the amount). After experimenting, accept the entry and set the option “Pre-allocate Bills for payment” to NO.

3.PROCESSING A BILL-WISE RECEIPT
First Independent Computers pay the full amount of their first invoice 21/12/07
  1. Gateway of Tally -> Accounting Vouchers -> F6: Receipt -> F12: configure and set the option Use Single Entry mode for Pymt/Rcpt/Contra” to No” -> accept the configuration screen.
  2. On the voucher creation screen – at the credit field -> Enter First Independent Computers and the amount of 1250.
  3. In the Bill-wise details screen – select Agst Ref. If you are adjusting the receipt against a particular invoice for which a reference was given earlier. In this example, select the first entry in the list.
  4. Keep pressing Enter until the next Particulars field is highlighted. Enter bank Account, confirm the amount, Accept and return to the Gateway of Tally main menu.
  5. To prove the receipt has been recorded against the correct invoice select Display, Statements of accounts, Outstanding, Ledger and First Independent Computers and you will see there is now only one entry.
  6. Tally retains the history of settled invoice. Press F12: Configure and tab down to Range of Bills to Show and select All Bills -> Select Detailed.
  7. Experiment with the different options and then return to the Gateway of Tally main menu.

4.DISPLAY OUTSTANDING STATEMENTS
  1. Select Display, Statements of Accounts and then Outstanding.
  2. Select Ledger. Select Anniyappa Ltd.
  3. The invoice due to them is displayed with due dates and overdue days if any.
  4. Change period of display from 1-4-07 to 15 12-07
  5. Click on F6: Age-wise and Select By Bill-date
  6. In the credit period sub-screen, put in 0 to 7, 7 to 15, 15 to 45, 45 to 0
  7. Note the age of the invoices segregated by period.
Press Alt+F1 and view the Age-wise Analysis for Anniyappa Ltd in Detailed mode -> click on F12: Configure and set the option ‘Show Qty Info in Detailed Format’ to YES.

The Age-wise Analysis for Anniyappa Ltd will be displayed
Check you Progress:
  • Change the display period from 1-4-07 to 19-12-07. Observe the change.
  • Display Outstanding -> Receivables
  • See the Age-wise Analysis for receivables.
  • Do likewise for payables ad then for a Ledger.
  • Return to Gateway of Tally.
5.ADVANCE
You have already noticed this option in the bill-wise sub-screen at the time of entering voucher.

Advance is for payments or receipts that are made in advance against which you will adjust the purchase or sales bill later. Typically, when a bill is raised where advance exists, part of the bill will be adjusted against the advance (using Agst Ref) and the rest carried as New Ref.

Now, return the Gateway of Tally and shu8t Anniyappa Ltd and Select My Company. Please create this example in My Company and NOT Anniyappa Ltd.

Create a ledger “New Supplier” and make a bank payment (State Bank of India Account) on 1-12-07 of Rs. 15000 against a purchase order PO/001/2006-07 raised on a supplier. In the bill wise details select Advance as type of reference and in the name of the reference, give the PO reference.

Then make a purchase voucher entry on 1/12/2007 for Rs. 35000/- and at the bill-wise details screen – select against reference because we have to adjust against the advance of Rs. 15000/- -> accept the purchase entry.

At this point, it is understood that you know how to create the payment and purchase entries.

Now view the ledger outstanding of New Supplier (Display -> Statement of Accounts -> Outstanding -> Ledger -> “New Supplier”

The “advance” tag appears next to the entry – this is for easy identification.

6.PRINT OUTSTANDING STATEMENTS
Note that you can print statements of account by simple pressing the Print button during Display. You can also print reminder letters for customers when displaying their individual outstanding ledger.

For multiple statements and reminder letters the Multi-Account Printing option I the main menu Gateway of Tally has several options.

7. LET US SUM UP
By default, Tally would maintain ledger wise balance and display net debit or credit balance for a ledger. If we receive or grant credit on purchases or sales, mere ledger balance may not reflect the true state of affairs – as a ledger may show an amount due which may not be overdue on that date. By maintaining Bill wise details, we can get bill wise outstanding, compute bill wise overdue interest.

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Thursday, May 7, 2015
Steps for Finalisation of Books of Accounts

Steps for Finalisation of Books of Accounts




  • Take the print out of opening trial balance and match it with the last year balance sheet. So any discrepancies identified in early stages.
  • Confirm with sales and purchased department that any pendency are there.
  • Account confirmation from debtors and creditors.
  • Make appropriate provisions for the expenses.
  • Prepare bank reconciliation statement.
  • Identified the expenses which may relate to coming financial year like insurance, rent etc.
  • Make the provision for taxation on the basis of estimated profit.
  • Ledger scrutiny.
  • Prepare the final trial balance.
  • Returns filed during the year like VAT, TDS, Service tax, Excise Duty Etc.,


Manish Kumar Gupta
B.Com, A.C.A
+ 91 9718262561
E-mail: camanishkg@gmail.com
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Wednesday, May 6, 2015
Lok Sabha Passed Goods and Service Tax (GST)

Lok Sabha Passed Goods and Service Tax (GST)



The Lok Sabha passed the much-delayed Constitution Amendment Bill to Goods and Service Tax (GST) on Wednesday, paving the way for a new bill on the uniform tax regime, even as the Congress Party staged a walkout in protest.

The Constitution Amendment Bill to implement GST, originally mooted by the UPA, was passed by 352 votes against 37 after the government rejected the opposition demand of referring it to a standing committee.

The bill was passed after division, with 352 members voting in favour of the bill and 37 against.

Highlights of New Proposed Goods & Service Tax (GST)

1. The basic principal governing behind GST is to have single Taxation System for Goods and Services
across the country. Currently Indian economy has various taxes on Goods and services such as VAT,
Service Tax, Excise, Entertainment Tax, Luxury Tax Etc. now in the new Proposal of GST; we will be
having only two taxes on all goods and Services as follows:
  • State Level GST(SGST)
  • Central Level GST (CGST)
2. In case of Central GST, following Taxes will be subsumed with CGST which are at presently levied
separately on goods and services by Central government:
  • Central Excise Duty
  • Additional Excise Duty
  • The Excise Duty levied under Medicinal and toiletries preparation Act
  • Service Tax
  • Additional Custom Duty (CVD)
  • Special Additional Duty
  • Surcharge
  • Education Cess and Secondary and Higher Secondary education Cess
3. In case of State GST, following taxes will be subsumed with SGST; which are priestly levied on goods
and services by State Governments :
  • VAT/ Sales Tax
  • Entertainment Tax (unless it is levied by local bodies)
  • Luxury Tax
  • Tax on lottery
  • State Cess and Surcharge to the extend related to supply of goods and services.
4. The basic principal for subsuming of taxes in GST is provided as follows:
  • Those taxes which commences with import / manufacture /production of goods or provision of services at one end and the consumption of goods and services o other end.
  • The taxes, levies and fees which are not related to supply of goods & services should not be subsumed under GST.
5. Taxes on items containing alcohol and petroleum product are kept out of GST. They will continue to be taxed as per existing practices.

6. Tax on Tobacco products will be subject to GST. But government can levy the extra Excise duty over
and above GST.

7. The Small Taxpayer: The small taxpayers whose gross annual turnover is less than 1.5 Crore are
exempted from CGST and SGST.

8. Input Tax Credit (ITC): Taxes Paid against CGST allowed as ITC against CGST. Taxes paid against SGST allowed as ITC against SGST. 

9. Cross utilization of ITC between the Central GST and State GST would not be allowed. Exception: Inter State Supply of goods and services.

10. PAN based identification number will be allowed to each taxpayer to have integration of GST with Direct Tax.

11. IGST Model and ITC:
  • Center would levy IGST levy ( CGST + SGST)
  • The ITC will be allowed in this transaction will be SGST, IGST, CGST as applicable.
  • Appropriate provision will be provided for consignment or Stock transfer.
12. GST Rate Structure:
  • Two Rate Structure
  • A lower rate for necessary items and goods of basic importance
  • Standard rate for goods in General
  • Special Rate
13. Exports are fully exempted with Zero rates.
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Saturday, April 18, 2015
Director Identification Number (DIN) - FAQ

Director Identification Number (DIN) - FAQ


What is Director Identification Number (DIN)?
It is an unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company pursuant to section 153 & 154 of the Companies Act, 2013

Who can file an application for allotment of DIN ?

Every individual, intending to be appointed as a director of the company, can file an application for allotment of DIN.

Who will allot the DIN ?
Central Government (Office of Regional Director (Northern Region), Ministry of Corporate Affairs) will allot the DIN.

What is the procedure of obtaining DIN?
Any person intending to apply for DIN shall have to make an application in eForm DIR-3 and should follow the following procedure:
  • eForm DIR-3 has to follow the online e-Filing process . For more details regarding the same visit e-Filing FAQ's .
  • Attach the photograph and scanned copy of supporting documents i.e. proof of identity, and proof of residence as per the guidelines. Physical documents are not required to submit at DIN cell.
  • Along with the supporting documents, Verification as per Form DIR-4 shall also be attached. This shall contain the Name, Father’s name, date of birth and text of declaration and physical signature of the applicant.
  • The eForm shall have to be digitally signed and shall be uploaded on MCA21 portal.
  • Upon upload, Pay the fees for eForm DIR-3. Only electronic payment of the fees shall be allowed (I.e. Netbanking / Credit Card). No challan payment will be accepted under revised procedure of DIN allotment.   
The applicant is required to get himself/herself registered on the MCA21 Portal to obtain login id, which is necessary for payment of the fees. After obtaining the login-id, Login to the MCA21 portal and click on 'eForm upload' link available under the 'eForms' tab for uploading the eForm DIR-3 . eForm DIR-3 will be processed only after the DIN application fee is paid.
  • Upon upload and successful payment,
Form DIR-3 is mandatorily to be signed by an Applicant and a practicing professional or secretary (who is a member of ICSI) in whole time employment or the Director of the existing company

Approved DIN shall be generated in case the form is being signed by a practicing professional and details have not been identified as potential duplicate. Provisional DIN shall be generated in case form is signed by secretary in whole time employment or Director of existing company and details have been found as potential duplicate. A suitable informational message and an email shall be provided to the user that the DIN shall be approved after due verification by the DIN cell.
  • Processing of e Form DIR-3
In case, DIR-3 gets certified by the professional (i.e. CA(in whole time practice)/ CS(in whole time practice)/ CWA (in whole time practice)/, the DIN will be approved by the system immediately online (in case it is not potential duplicate).
  • Post-approval changes in particulars of Form DIR-3
If there is any change in the particulars submitted in eform DIR-3, applicant can submit e-form DIR-6 online. For instance in the event of change of address of a director, he/ she is required to intimate this change by submitting eform DIR-6 along with the required attested documents.

Who can sign e-Form DIR-6?
The e-Form DIR-6 is required to be digitally signed by an Applicant and a Chartered Accountant or a Company Secretary or a Cost Accountant in whole- time practice.

What things should be taken care of while filling form DIR-3?
Please note that Income Tax PAN is mandatory in case of Indian applicants so the applicant details (name, father’s name, date of birth) should be as per the PAN details. The particulars filled in form DIR-3 should match with the details given in the supporting documents to be submitted along with DIN application. Any mis-match will lead to rejection of DIN application.

Whether any fee is payable along with application for allotment of DIN?
Yes, DIN application fee of Rs. 500/- is payable.

How to enquire about the status of the payment made for Form DIR-3?
Status of the payment made for Form DIR-3 can be enquired from 'Track Payment Status' link on the homepage of www.mca.gov.in.

What are the scanned documents required to be attached with eform DIR-3?
  • High resolution photograph of the applicant
  • PAN is mandatory now. So copy of pan is mandatory for identity, name, father’s name and date of birth. Proof of father’s name is not required in the case of foreign nationals
  • Copy of passport is mandatory as an id proof in the case of foreign nationals.
  • Present Address proof which should not be older than 2 months
  • Verification as per form DIR-4 as per the format given on the website
What things should be taken care of with regard to supporting documents?
Please ensure following before attaching supporting documents with DIN application:
  • Documents submitted are currently valid and not expired.
  • Documents issued by LIC may be enclosed as Date of Birth and Address proof.
  • Bank Statements, Utility Bills like telephone, electricity bill etc furnished as residence proof are in the applicant's name only and not older than two months.
  • All supporting documents attached with form DIR-3 must be duly attested by an authorized person/ authority.
  • In case the director is illiterate, thumb impression should be certified from the concerned revenue authority (where the applicant resides) and then all the documents should be notarized or attested OR if applicant is not in a position to sign the application due to medical reasons and affixed thumb impression on the application then duly attested medical certificate from Government hospital is must with the application stating the reason of his / her ailment.
What are the additional information/ documents required in case of a foreign national?
Details of a valid passport should be filled in form DIR-3 and a certified copy of same should be attached with DIN application. All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the Managing Director / CEO / Company Secretary of the company registered in India, in which applicant is a director. If a foreign director has a valid multiple-entry Indian visa or Person of Indian Origin card or Overseas Citizen of India card, then the attestation could also be done by Public Notary / Gazetted Officer in India or practicing CA / CS / CWA.

What are the grounds for rejection of DIN application?
A provisional DIN is approved only after scrutiny of the documents attached with the application. Some of the common mistakes committed by applicants and on account of which the DIN application gets rejected are as under

Non-submission of supporting documents
  • The proof of identity of the applicant is not submitted.
  • The proof of father's name of the applicant is not submitted.
  • The proof of date of birth of the applicant is not submitted.
  • The proof of residential address of the applicant is not submitted.
  • The copy of passport (for foreign nationals) is not submitted
Invalid Application/supporting Documents
  • The supporting documents are invalid or expired.
  • The proof of identity submitted has not been issued by a Government Agency.
  • The application/enclosed evidence has handwritten entries.
  • The submitted application is a duplicate DIN application and already one application of that applicant is pending or approved.
  • The submitted application does not have photograph affixed.
  • The signatures are not appended to the prescribed place.
  • The applicant's name filled in application form does not match with the name in the enclosed evidence.
  • The applicant's father's name filled in application form does not match with the father's name in the enclosed evidence.
  • The applicant's date (DD/MM/YY) of birth filled in application form does not match with the date of birth in the enclosed evidence.
  • The address details filled in the application do not match with those contained in the enclosed supporting evidence.
  • The gender is not entered correctly in Form DIR-3.
  • Identification number entered in application does not match with the identity proof enclosed.
  • If enclosed documents are not self attested.
My DIN application has been rejected. Am I required to apply for a fresh DIN?
Yes, you will have to apply for fresh a DIN.

My DIN application has been put under Resubmission. Am I required to obtain a fresh DIN?
No. If the DIN application is put under Resubmission due to following reasons, you can submit additional documents for rectifying your DIN application, within a period of 15 days from the date on which it is marked as Resubmission
  • Proof of Identity/ residence is not enclosed or expired.
  • Proof of Date of Birth is not enclosed.
  • Supporting documents are not properly attested .
  • Non-submission of affidavit (if required).
On resubmitting with the additional documents, same DIN will be approved, if documents are found in correct order as per marked in resubmission.

What procedure has to be followed, if there is any change in particulars of Director?
Director is required to download and fill up eForm DIR-6 for such changes and follow the same process for uploading the same as mentioned for eForm DIR-3. The requested change is taken into the system on verification of the proof enclosed with the application for change request. In the case of change in applicant’s name, gazette notification is must with form DIR-6. Married women, who are having Id proof with their maiden name, can submit marriage certificate along with application. Verification as per Form DIR-7 of Companies Act 2013 also needs to be attached to Form DIR-6 as it is a mandatory attachment now.

Whether provisional DIN can be used for e-Filing?
No, the particulars of the person with the provisional DIN number can not be filled in the eforms and the person cannot sign as a director.

Whether Single Name in applicant’s name or applicant’s father’s name is allowed?

Single name shall be allowed in Form DIR-3 and DIR-6 in Applicant name and Father’s name only if single name is there in Income tax PAN. The same shall be validated from PAN database.

I am a Director of the company and applying for my DIN. Can I sign the eform DIR-3?
Yes, the form DIR-3 is to be signed by Applicant and also to be digitally signed by a Chartered Accountant or a Company Secretary or a Cost Accountant in whole- time practice or Secretary (who is member of ICSI) in whole time employment or director of the existing company.

My DIN application has been identified as a Potential Duplicate. What does it mean?
If the contents specified in the DIN form matches with an already filled DIN application form, then the application shall be marked as a potential duplicate and shall then be processed by DIN Cell.

Whether Income tax PAN is mandatory while applying for DIN?
Income tax PAN is mandatory for Indian nationals. If Income tax PAN is entered, it shall be mandatory to click on ‘Verify income-tax PAN’ button. Applicant’s name (first, middle and last name), applicant father’s name (first, middle and last name) and date of birth should be as per the income-tax PAN details.
 
In case of foreign nationals, passport number is a mandatory requirement.

What will happen if the details entered in DIN application are not as per the Income tax PAN database?
Filing of DIN application shall not be allowed if the details entered in the form are not as per the Income tax database in case of Indian Nationals.

Is Income tax PAN also mandatory while applying for correction in particulars of Director in Form DIR-6?
In case of Indian national, it is mandatory to enter Income tax PAN in all cases even if there is no change in Income-tax PAN. In such case, it shall be mandatory to click on ‘Verify income-tax PAN’ button. Director’s name (first, middle and last name), Father’s name (first, middle and last name) and date of birth should be verified from the income-tax PAN details.

Moreover, all existing DIN holders who have not furnished their PAN earlier at the time of obtaining DIN, are required to furnish their PAN by filling Form DIR-6.
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