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Showing posts with label News. Show all posts
Showing posts with label News. Show all posts
Wednesday, May 20, 2015
RBI - Scholarship Scheme for Faculty Members

RBI - Scholarship Scheme for Faculty Members




Applications are invited by Reserve Bank of India (RBI) for Scholarship Scheme for Faculty Members from Academic Institutions. The scholarship scheme for faculty members aims at bringing on board scholars, who would be able to undertake and pursue critical projects successfully and thereby contribute to the Reserve Bank’s research universe. The Reserve Bank of India invites full time faculty members teaching economics or finance in any UGC-recognized Universities/ Colleges in India to undertake short term research in the areas of monetary and financial economics, banking, real sector issues and other areas of interest to the Reserve Bank.

1. Objectives
The broad objectives of the scheme are:

  • To increase awareness about the activities of  the Bank amongst faculty members and student community, and
  • To provide exposure to faculty members teaching economics and/or finance in different areas/activities in the Reserve Bank.

2. Eligibility
The eligibility criteria for the scheme are as follows:

  • Full-time faculty teaching economics and/or finance in any UGC-recognized Universities/Colleges in India.
  • Indian nationals.
  • Age below 55 years.

3. Schedule of the Scheme

  • The application, complete in all respect, should reach the Bank latest by June 25, 2015.
  • Commencement of the scholarship scheme would be from August 1, 2015.

4. Selection Procedure
The applicants need to send a research proposal of not more than 1000 words and detailed curriculum vitae along with the duly filled in application form. The candidates will be shortlisted on the basis of the research proposal and curriculum vitae. The shortlisted candidates will then be interviewed by a selection panel. The candidates found suitable would be invited to undertake research on the theme decided by the Reserve Bank.
P.S.: Incomplete application/application received after the due date will not be considered for short listing.

5. Theme

  • The exact theme of research for the scholars will be decided by RBI.

6. Submission of Application
The application in hard copy may be forwarded to ‘The Director, Development Research Group, Department of Economic and Policy Research, 7th Floor, Central Office Building, Reserve Bank of India, Fort, Mumbai - 400 001’. The application should be sent along with detailed curriculum vitae and the research proposal.
The soft version of application (in addition to hard copy) and/or any queries related to the scheme may be sent to email.

7. Number of scholarship
A maximum of five scholarships would be considered for 2015. The Reserve Bank, at its discretion, may vary the number of scholarships for any year.

8. Duration of the Project
The duration of the project is maximum three months.

9. Location of the scheme
The scheme would be mainly operational at Central Office Departments of RBI, Mumbai. In certain cases, the Reserve Bank may ask the selected candidate to conduct research at select Regional Offices of RBI also. However, Bank may provide the option to the candidates to work from their institution for the Study during the period of 2 to 3 months.

10. Facilities
The major facilities that will be made available to the selected scholar would include:

  • Restricted economy class domestic air-fare ticket during visits to RBI Central Office, Mumbai from place of residence/work in India.
  • Monthly allowance of Rs. 25,000/- (Rupees twenty five thousand only) to be paid for the duration of the project (not more than three months).
  • In addition to the monthly remuneration, on completion of the Project/ Research paper and on acceptance of the same by RBI, payment of Rs.1 lakh as honorarium would be made.
Note: No accommodation or allowance for accommodation will be provided during the period of scholarship.


11. Responsibilities
The selected scholar will have the following responsibilities:

  • The scholar would be required to submit a research paper/project report that contributes to RBI research activities.
  • The scholar should make a presentation of his/her work in a Seminar at Reserve Bank, Mumbai.
  • The scholar, if he/she desires to publish his/her research work elsewhere, may do so with prior permission of the Reserve Bank.
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Wednesday, April 29, 2015
Fast track Voluntary Organisations or Trusts Applications - Help to the victims of earthquake in Nepal

Fast track Voluntary Organisations or Trusts Applications - Help to the victims of earthquake in Nepal




Press Release

The Central Board of Direct Taxes has decided to fast track all applications made by Voluntary Organisations/Trusts seeking approval u/s 11(1)(C) of the Income Tax Act,1961 for rendering help to the victims of earthquake in Nepal.Approval under this section is required by the charitable institutions for application of their income outside India to promote international welfare. It will be the endeavor of the Department to process these applications within two working days of receiving the completed applications. The details of documents required to be submitted alongwith such applications have been uploaded on the website of Income-ax Department http://www.incometaxindia.gov.in
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Friday, April 17, 2015
RBI Monthly Bulletin for April 2015

RBI Monthly Bulletin for April 2015




1. Finances of Non-Government Non-Financial Public Limited Companies, 2013-14

This article presents the financial performance of select 4,388 non-government non-financial (NGNF) public limited companies for the financial year 2013-14 based on their audited annual accounts during the period April 2013 to March 2014.

Major findings:
  • The aggregate results of the select NGNF public limited companies in 2013-14 revealed moderation in growth rates of major parameters as compared to those in 2012-13.
  • The ‘construction’ sector, ‘cement and cement products’, ‘motor vehicles and other transport equipment’ industries in manufacturing sector and ‘transportation and storage’ and ‘real estate’ industries in services sector were the worst affected in terms of sales growth.
  • Growth in earnings before interest, tax, depreciation and amortisation (EBITDA) declined in 2013-14. The net profit also contracted in 2013-14.
  • Profit margin and return on equity declined in most segments in 2013-14.
  • Leverage ratios of the select companies continued to increase while interest coverage ratios declined in the study period. ‘Transportation’ industry was highly leveraged with its interest coverage ratio being below one. Companies in ‘sugar’ industry experienced high leverage ratio and steep fall in interest coverage ratio in 2013-14.
  • There was increase in funds raised through external sources by the companies in 2013-14.
  • Share of funds used for fixed assets formation was lower whereas that for non-current investment was higher as compared to the previous year.
2. India’s Foreign Trade: 2014-15 (April-December)

Highlights:
  • Export growth decelerated from 6.6 per cent in April-December 2013 to 4.0 per cent in April-December 2014.
  • In terms of relative weighted contribution, engineering goods and readymade garments were the top contributors to export growth; iron ore, oil meals and electronic goods were negative contributors.
  • Although demand from the US and the UAE improved, exports destined for European Union, China and a few gulf countries contracted considerably.
  • During April-December 2014, helped by a decline in international commodity prices, imports recorded only a modest increase of 3.6 per cent as compared to a decline of 7.0 per cent in the corresponding period of the preceding year.
  • While the import demand for both non-oil non-gold and gold imports increased, POL imports were lower in April-December 2014 as compared with April-December 2013.
  • China remained the top source of India’s imports, followed by Saudi Arabia, the UAE, Switzerland and the US.
  • With imports outpacing exports in April-December 2014, India’s trade deficit widened modestly to US$ 110.1 billion as compared with US$ 107.1 billion during April-December 2013.

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Friday, March 27, 2015
BANKING: Special Clearing operations on March 30 and 31, 2015

BANKING: Special Clearing operations on March 30 and 31, 2015

A reference is invited to the circular issued by our Department of Government and Bank Accounts (DGBA.GAD.No.4318/42.01.029/2014-15 dated March 25, 2015) on ‘Annual Closing of Government Accounts - Transactions of Central / State Governments - Special Measures for the Current Financial Year (2014-15)’.

With a view to facilitate accounting of all the Government transactions for the current financial year (2014-2015) by March 31, 2015, it has been decided to conduct special clearing at all clearing houses across the country on March 30 and 31, 2015 as detailed below:


Schedule for various types of clearing


Participation in the outward clearing is the choice left to banks depends upon the instruments received by them towards credit-to/payment-from Government accounts. However, all member banks of the Clearing House are required to keep their inward clearing processing infrastructure open during the Special Clearing hours and maintain sufficient balance in their clearing settlement account to meet settlement obligations arising out of the Special Clearing.

Member banks of Clearing Houses are advised to adhere to the instructions contained in this circular as well as the instructions received from the Regional offices of Reserve Bank of India and Presidents of respective Clearing Houses.

Member banks are also advised to be in readiness to participate in the Centralised Payment Systems (RTGS and NEFT) on these days (March 30-31, 2015). A separate broadcast message in this regard will be issued through the respective system indicating the extended time window.

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Tuesday, March 17, 2015
Amendment the Income-tax Rules-sub-sections (9) and (9A) of section 92CC

Amendment the Income-tax Rules-sub-sections (9) and (9A) of section 92CC




S.O. 758(E)- In exercise of the powers conferred by sub-sections (9) and (9A) of section 92CC read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1.

  • These rules may be called the Income-tax (Third Amendment) Rules, 2015.
  • They shall come into force on the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962 (hereafter referred to as the principal rules), - 

(a) in rule 10 F,- 

  • after clause (b), the following clause shall be inserted, namely :- “(ba) “applicant” means a person who has made an application;”; 
  • after clause (h), the following clause shall be inserted, namely :- “(ha) “rollback year” means any previous year, falling within the period not exceeding four previous years, preceding the first of the previous years referred to in sub-section (4) of section 92CC;”;

(b) in rule10 H, in sub-rule (1),- 

  • for the word “Every” the word “Any” shall be substituted; 
  • for the word “shall” the word “may” shall be substituted; 

(c) in rule 10 I, for the words, figures and letter “who has entered into a pre-filing consultation as referred to in rule 10H”, the words, figures and letter “referred to in rule 10 G” shall be substituted; 

(d) in rule 10 K, in sub-rule (2) after the words “with understanding reached in”, the word “any” shall be inserted; 

(e) in rule 10 M, in sub-rule (1), after clause (v), the following clause shall be inserted, namely:- 

“(va) rollback provision referred to in rule 10 MA;”;

(f) after rule 10 M, the following rule shall be inserted, namely:-

“Roll Back of the Agreement.

10 MA. (1) Subject to the provisions of this rule, the agreement may provide for determining the arm’s length price or specify the manner in which arm’s length price shall be determined in relation to the international transaction entered into by the person during the rollback year (hereinafter referred to as “rollback provision”).

(2) The agreement shall contain rollback provision in respect of an international transaction subject to the following, namely:- 

  • the international transaction is same as the international transaction to which the agreement (other than the rollback provision) applies; 
  • the return of income for the relevant rollback year has been or is furnished by the applicant before the due date specified in Explanation 2 to sub-section (1) of section 139; 
  • the report in respect of the international transaction had been furnished in accordance with section 92E; 
  • the applicability of rollback provision, in respect of an international transaction, has been requested by the applicant for all the rollback years in which the said international transaction has been undertaken by the applicant; and 
  • the applicant has made an application seeking rollback in Form 3CEDA in accordance with sub-rule (5); 

(3) Notwithstanding anything contained in sub-rule (2), rollback provision shall not be provided in respect of an international transaction for a rollback year, if,- 

  • the determination of arm’s length price of the said international transaction for the said year has been subject matter of an appeal before the Appellate Tribunal and the Appellate Tribunal has passed an order disposing of such appeal at any time before signing of the agreement; or 
  • the application of rollback provision has the effect of reducing the total income or increasing the loss, as the case may be, of the applicant as declared in the return of income of the said year. 

(4) Where the rollback provision specifies the manner in which arm’s length price shall be determined in relation to an international transaction undertaken in any rollback year then such manner shall be the same as the manner which has been agreed to be provided for determination of arm’s length price of the same international transaction to be undertaken in any previous year to which the agreement applies, not being a rollback year. 

(5) The applicant may, if he desires to enter into an agreement with rollback provision, furnish along with the application, the request for the same in Form 
No. 3 CEDA with proof of payment of an additional fee of five lakh rupees: 

Provided that in a case where an application has been filed prior to the 1st day of January, 2015, Form No. 3CEDA along with proof of payment of additional fee may be filed at any time on or before the 31st day of March,

2015 or the date of entering into the agreement whichever is earlier:

Provided further that in a case where an agreement has been entered into before the 1st day of January, 2015, Form No. 3CEDA along with proof of payment of additional fee may be filed at any time on or before the 31st day of March, 2015 and, notwithstanding anything contained in rule 10 Q, the agreement may be revised to provide for rollback provision in the said agreement in accordance with this rule.”;

(g) in rule 10 R, in sub-rule (1), in clause (iv), after the words, brackets, figures and letter “under sub-rule (4) of rule 10Q”, the words, brackets, figures and letters “or sub-rule (7) of rule 10 RA” shall be inserted; 

(h)after rule 10 R, the following rule shall be inserted, namely:- 

“Procedure for giving effect to rollback provision of an Agreement.

10 RA.
(1) The effect to the rollback provisions of an agreement shall be given in accordance with this rule.

(2) The applicant shall furnish modified return of income referred to in section 92CD in respect of a rollback year to which the agreement applies along with the proof of payment of any additional tax arising as a consequence of and computed in accordance with the rollback provision. 

(3) The modified return referred to in sub-rule(2) shall be furnished along with the modified return to be furnished in respect of first of the previous years for which the agreement has been requested for in the application. 

(4) If any appeal filed by the applicant is pending before the Commissioner (Appeals), Appellate Tribunal or the High Court for a rollback year, on the issue which is the subject matter of the rollback provision for that year, the said appeal to the extent of the subject covered under the agreement shall be withdrawn by the applicant before furnishing the modified return for the said year. 

(5) If any appeal filed by the Assessing Officer or the Principal Commissioner or Commissioner is pending before the Appellate Tribunal or the High Court for a rollback year, on the issue which is subject matter of the rollback provision for that year, the said appeal to the extent of the subject covered under the agreement shall be withdrawn by the Assessing Officer or the Principal Commissioner or the Commissioner, as the case may be, within three months of filing of modified return by the applicant.

(6) The applicant, the Assessing Officer or the Principal Commissioner or the Commissioner, shall inform the Dispute Resolution Panel or the Commissioner (Appeals) or the Appellate Tribunal or the High Court, as the case may be, the fact of an agreement containing rollback provision having been entered into along with a copy of the same as soon as it is practicable to do so. 

(7) In case effect cannot be given to the rollback provision of an agreement in accordance with this rule, for any rollback year to which it applies, on account of failure on the part of applicant, the agreement shall be cancelled.”; 

(i) in Appendix-II of the principal rules,-

(A) in Form No. 3CEC, in item 10, after the words, “Number of years for which APA is proposed to be applied”, the words “including the rollback years” shall be inserted; 

(B) in Form No. 3CED, in item 5, after sub-item (e), the following shall be inserted, namely:- 

“f. whether any rollback request is being Yes/No
made .
g. If yes, enclose copy of
relevant Form No. 3CEDA.”;

(C) after Form No. 3CED, following Form shall be inserted, namely: -

“Form No. 3 CEDA
(See sub-rule (5) of rule 10 MA)
Application for rollback of an Advance Pricing Agreement

To,
The Competent Authority of India or
Director General of Income Tax (International Taxation)
New Delhi
Sir/Madam,

This is to state that.............................. (Name of the Applicant)......wishes to negotiate an APA with the Central Board of Direct Taxes containing rollback provision. I am submitting herewith the necessary particulars hereunder:


1. Particulars of the applicant:

(a) Full name of the applicant:
(b) Permanent Account Number:
(c) Address of the applicant:
(d) Address for communication:
(e) Location(s) of the business enterprises
in India:
(f) Email id and the contact numbers of the
person with whom correspondence is
required to be made:
(g) Names and designation of the
authorised representatives who would
be appearing before the authorities for
negotiations of the APA:

2.Whether pre-filing discussions in respect of
rollback were sought by the applicant? If yes,
please furnish:

(a) Date of application for pre-filing meeting:
(b) Date of pre-filing meeting(s) with the APA Team:

3.Whether application in Form 3CED is being
filed simultaneously:

4.Details of international transaction(s) including
Name(s) of the Associated Enterprises in
respect of which rollback is requested for:

5.Whether the international transaction(s) is the
same as that in respect of which APA request
is being made in Form 3CED by the applicant:

6.Particulars of additional Fee paid by the applicant:          Amount in Rs.
                                                                                        Challan No: Dated:

7.The details of previous years for which rollback
is being sought:

8.Has the same international transaction been undertaken
in any other year for which rollback is permissible but the
same is not being requested for. If yes, the reasons for the
same be provided:

9.Period of APA proposed along with the date
from which APA is sought to be made applicable
in the application in Form 3CED:

10.Whether return of income for all the previous
years mentioned in 7 above have been furnished
on or before the due date:                                                              Yes/No

11.If yes, provide details including acknowledgement No.,
date of furnishing etc.

12.Whether audit report under section 92 E in respect of the
international transaction referred to in 4 above for all the
previous years mentioned in 7 above have been furnished on or
before the due date:                                                                          Yes/No


13. If yes, provide details including date of furnishing etc.

14. Details of pending proceedings including appeals for
the years mentioned in 7 above in respect of international
transaction(s) mentioned in 4 above :

15. Whether Appellate Tribunal has disposed of
any appeal in respect of international
transaction mentioned in 4 above for any of the
years mentioned in 7 above? if yes, then details
may be provided:

I declare that the information furnished in the application is correct and truly stated.

Yours faithfully,
Place
Date: 

Applicant

Notes:

  1. The Form shall be filed along with an application in Form 3CED for entering into an APA. 
  2. If the space provided for answering any item in the application is found insufficient, separate enclosures may be used for the purpose. These enclosures should be signed by the person authorised to sign the application in Form 3CED. 
  3. The Form shall be accompanied with proof of having paid fee of five lakh rupees. This fee is in addition to any fee payable along with Form 3CED. 
  4. The application shall be accompanied by all the relevant documents.”


Note. - The principal rules were published vide notification No. S.O.969 (E), dated the
26th March, 1962 and last amended by Income-tax (Second Amendment) Rules, 2015 vide notification number S.O. 350 (E), dated 04-02-2015.

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Monday, March 16, 2015
SALE OR PURCHASE AGAINST FORM H - THE CENTRAL SALES TAX

SALE OR PURCHASE AGAINST FORM H - THE CENTRAL SALES TAX


As it relates to levy of tax on sale or purchase goods taking place in the course of export of the goods out of territory of India or in the course of import of the goods into the territory of India, Article 286 of the Indian Constitution prohibits Indian States from imposing any tax on such sale or purchase. In the same Article of the Constitution, power of formulating principles for determining when a sale or purchase shall be deemed in the course of export or import has been given to the Union Parliament. The said article 286 runs as under:-

“Article 286. Restrictions as to imposition of tax on the sale or purchase of goods.-

(1) No law of a State shall impose, or authorize the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place-
  • outside the State; or
  • in the course of the import of the goods into, or export of the goods out of, the territory of India.
(2)    Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1).
(3)     Any law of a State shall, in so far as it imposes, or authorize the imposition of,-
  • a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce; or
  • a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause  (b), sub-clause (c) or sub clause (d) of clause (29A) of article 366,
be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as Parliament may by law specify.”

For the purpose of discharging burden cast on it in clause (2) of Article 286 of the Consitution, the Parliament, for the purpose of defining sale or purchase in the course of export or import, has enacted section 5 of the Central Sales Tax Act, 1956. Section 5 of the Central sales Tax Act, 1956 (hereinafter referred to as the Act) is part of Chapter 2 of the Act. Heading of the chapter 2 of the Act runs as follows:-

CHAPTER II

Formulation of Principles for determining when a sale or purchase of goods takes place in the course of inter-state trade or commerce or outside a State or in the course of import or export

        Section 5 of the Act runs as under:

5. When is a sale or purchase of goods said to take place in the course of import or export.-
  • A sale or purchase of goods shall be deemed to take place in the course of the export of the goods out of the territory of India only if the sale or purchase either occasions such export or is effected by a transfer of documents of title to the goods after the goods have crossed the customs frontiers of India.
  • A sale or purchase of goods shall be deemed to take place in the course of the import of the goods into the territory of India only if the sale or purchase either occasions such import or is effected by a transfer of documents of title to the goods before the goods have crossed the customs frontiers of India.
  • Notwithstanding anything contained in sub-section (1), the last sale or purchase of any goods preceding the sale or purchase occasioning the export of those goods out of the territory of India shall also be deemed to be in the course of such export, if such last sale or purchase took place after, and was for the purpose of complying with, the agreement or order for or in relation to such export.
  • The provisions of sub-section (3) shall not apply to any sale or purchase of goods unless the dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filed and signed by the exporter to whom the goods are sold in a prescribed form obtained from the prescribed authority.
  • Notwithstanding anything contained in sub-section (1), if any designated carrier purchases Aviation Turbine Fuel for the purpose of its international flight, such purchase shall be deemed to take place in the course of the export of goods out of the territory of India.

Explanation.-For the purpose of this sub-section, 'designated Indian carrier' means any carrier which the Central Government may, by notification in the Official Gazette, specify in this behalf.

Sub-section (1) of section 5 of the Act defines sale or purchase in the course of export of goods out of territory of India. This sub-section covers sales in the there is privity of contract in between selling dealer and foreign buyer of goods. Sub-section (2) of the said section defines when a sale or purchase shall be deemed in the course of import of goods into the territory of India.

Earlier to amendment in section 5 with effect from April 01, 1976, there had been only two sub-sections in the section. In many cases, it was found that Indian suppliers after entering into contract of sale with foreign buyers had placed orders with Indian manufacturers or traders for supply of goods for fulfilling their contract with foreign buyers. Such Indian purchasers had assured Indian manufacturers or suppliers that sale of goods, in their hands, will also be sale in the course of export of the goods and will enjoy exemption from tax. But in the Case of Shirajuddin vs. State of Orrissa (STC 1975), the Supreme Court of India laid down the principle that sub-section (1) of section 5 of the Act covers only those sales in which the privity of contract exists in between Indian exporter and foreign buyer. Thus, for the purpose of sales tax, only direct export sales were found covered under export sales. But this was not good for promotion of export. For promotion of export, it was found necessary to extend scope of definition of sale in the course of export. This was why the Parliament, in April 1976, enacted sub-section (3) of section 5 of the Act.

I would like to point out here that section 5 of the Act does not grant exemption from payement of tax on sale or purchase in the course of export of the goods out of or in the course of import of the goods into, the territory of India. Exemption from levy of tax by the States follows from the prohibition provided in Article 286 of the Constitution. As it relates to levy of tax by the Union, for well known reasons, levy of tax has not been found desirable.The section provides principles for determining whether or not a particular sale or purchase is in the course of export or import of the goods.

Sub-section (3) of section 5 of the Act, relates to a sale or purchase which shall also be deemed in the course of export where such sale to an exporter or purchase by an exporter is made for fulfilling its existing contract of export with foreign buyer. An export sale or purchase defined in sub-section (3) of section 5 of the Act, has to satisfy following conditions:

  • It should be the last sale or purchase immediately preceding the sale occasioning the export.
  • The local purchase by the exporter, who has entered into contract with foreign buyer,  should have been made in reference to and in order to fulfill existing contract of export in between the exporter and the foreign buyer;
  • Goods purchased by the exporter should be of the description mentioned in the export order;
  • Goods, purchased by the exporter who has entered into the export contract with foreign buyer, are exported to the foreign destination given by the foreign buyer;
  • A declaration in the prescribed form (Form H) is issued by the exporter to the dealer making sale to the exporter.

A local supplier, unless the exporter who supplies goods to foreign buyer tells about the satisfaction of the aforesaid conditions, cannot ascertain that export conditions are fulfilled. It is only the exporter, making direct export, who knows or can prove that conditions have been fulfilled. But at the end of local selling dealer, for proving sale in the course of export in terms of sub-section (3) of section 5 of the Act, such local selling dealer has to prove that sale, of goods sold by him to exporter, fulfills conditions of sub-section (3) of section 5 of the Act. For this he will have to depend upon the exporter.

Prior to introduction of sub-section (4) in section 5 of the Act, it had been sufficient if conditions of sub-section (3) were satisfied by producing copy of export order, purchase order placed by the exporter, sale invoice issued by the local selling dealer and copy of bill of lading or airway bill. But after introduction of sub-section (4) in section 5 of the Act, all such evidences are meaningless unless declaration prescribed under sub-section (4) is furnished. Sub-section (4) speaks in clear words that provisions of sub-section (3) shall not apply in respect of any purchase or sale of goods unless the dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filed and signed by the exporter to whom the goods are sold in a prescribed form obtained from the prescribed authority.

After introduction of sub-section (4) in section 5 of the Central Sales Tax Act, 1956, sub-section (3) is applicable only if compliance of sub-section (4) of section 5 has been made. Sub-section (3) of section 5 is no longer independent provision. Its applicability is subjected to sub-section (4) of the CST Act, 1956. Sub-section (4) not only applies in respect of sales referred to in sub-section (3) of section 5 but it also equally applies in respect of purchases referred to in sub-section (3) of section 5.  Therefore, it is mandatory for the exporter to issue Form H to the selling dealer.

Where several contracts of export of a particular goods are pending with an exporter and the exporter makes purchase of such goods even if with an intention of fulfilling such export orders, he is not under any obligation to export such goods. The exporter, without breach of any contract,   can sell such goods in the local market. But where the exporter makes purchase of goods on condition of issuing Form H to the seller and later issues such Form, he creates a binding on him. In that case, he has to discharge undertakings given in Form H. If goods in respect of which Form H has been issued, are diverted in the local market or are disposed of otherwise than fulfilling the export order mentioned in Form H, then such exporter enters into breach of the contract with the selling.

If we examine Form H, we find that it requires Registration Certificate Numbers of the selling dealer under the State Law and the Central Sales Tax Law. Also where goods exported are re-imported in India by the exporter, then such exporter is under an obligation to inform the assessing authority of the seller. Assessing authority of unregistered seller is not known.

Before introduction of sub-section (4) in section 5 of the CST Act, 1956, circumstances have been different. Also before amendment in relevant sub-rule (10) of Rule 12 of the Central Sales Tax (Registration & Turnover) Rules, 1957, Form was meant for claiming exemption from levy of tax on inter-state sale, which in absence of application of sub-section (3) of section 5 of the CST Act, 1957 would have been an inter-state sale. After amendment, applicability of sub-section (3) of section 5 depends on furnishing of Form H by the exporter to the seller. Where sub-section (3) of section 5 is found applicable, the exemption on such sale or purchase under the State Law comes from sub-clause (b) of clause (1) of Article 286 of the Constitution. So far as it relates to levy of tax by the Central Government, tax on such sale is not leviable because no law have been enacted by the Union Parliament for imposing tax on sale or purchase taking place in the course of export of the goods out of the territory of India.

Before introduction of sub-section (4) in section 5 of the CST Act, 1956, circumstances have been different. Also before amendment in relevant sub-rule (10) of Rule 12 of the Central Sales Tax (Registration & Turnover) Rules, 1957, Form was meant for claiming exemption from levy of tax on inter-state sale, which in absence of application of sub-section (3) of section 5 of the CST Act, 1957 would have been an inter-state sale. After amendment, applicability of sub-section (3) of section 5 depends on furnishing of Form H by the exporter to the selling dealer. Where sub-section (3) of section 5 is found applicable, the exemption on such sale or purchase under the State Law comes from sub-clause (b) of clause (1) of Article 286 of the Constitution. Such purchase or sale is exempt from levy of the central sales tax because the Central Sales Tax Act, 1956 does not provide for levy of tax on sale or purchase taking place in the course of export of the goods out of the territory of India.

On examination of Form H, we find that it requires Registration Certificate Numbers of the selling dealer under the State Law and the Central Sales Tax Law. Also where goods exported are re-imported in India by the exporter, then such exporter is under an obligation to inform the assessing authority of the selling dealer. Assessing authority of unregistered selling dealer is not known. This implies that transaction of purchase and sale of goods should be in between a registered selling dealer and Registered exporter.

In view of the foregoing discusscusion, it is clear that following cases of local sale or purchase are not covered under sub-section (3) of section 5 of the Act:-

  • Where goods are purchased without reference to an export contract;
  • Where contract of export does not exist at the time of making local purchase;
  • Where a trader randomly makes purchases of goods for the purpose of export and he exports goods whenever he gets export order from foreign buyer;
  • Where purchased goods are different from those mentioned in order of export. If finished goods are the subject matter of export order and exporter, for the purpose of manufacture of such finished goods, makes purchase of raw material, etc. for use in manufacture of such finished goods;
  • Where goods are not exported or exported goods are re-imported into the territory of India; or
  • Where conditions of sub-section (3) of section 5 of the Act are not satisfied; or
  • Where conditions of sub-section (3) of section 5 of the Act are satisfied but Form H has not been produced by the selling dealer before its assessing authority;

As it relates to provisions of VAT Act, if export conditions are fulfilled then sale is in the course of export and State law is not applicable to local sales. These sales and purchases are protected by the provisions of the Constitution read with provisions of section 5 of the Central sales Tax Act, 1956. Hence there is no impact of commencement of VAT law in any State.

Keshav Dayal                 
Ex-Member Tribunal, U. P. Trade Tax
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Wednesday, January 28, 2015
Gross Direct Tax Collection is up by 12.93 Percent

Gross Direct Tax Collection is up by 12.93 Percent





Gross direct tax collection during April-December of the Financial Year 2014- 15 is up by 12.93 percent at Rs. 5,46,661 crore as against Rs. 4,84,063 crore collected during the same period last year. Gross collection of Corporate tax has shown an increase of 12.79 percent and stood at Rs. 3,50,494 crore as against Rs. 3,10,754 crore collected during the same period last year. Gross collection of Personal income tax is up by 12.62 percent and stood at Rs.1,90,391 crore as against Rs.1,69,059 crore collected during the same period last year. Securities Transaction Tax(STT) stands at Rs. 4940 crore at a growth of 43.44%. Net direct tax collections are up by 7.41 percent and stand at Rs. 4,48,401 crore, as compared to Rs. 4,17,477 crore in the same period in the last fiscal

Advance tax collection has shown a growth of 13.15% during April-December of the FY 2014-15 as against the growth of 8.76% shown at the same time previous year. Growth in TDS is 7.84% as against 16.73% in the same period last year.

The Self-Assessment Tax shows a growth of 22.20% as against 11.86% in the same period last year. The growth in Regular Tax is 33.03% as against 15.60% in the same period last year.

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Wednesday, January 21, 2015
Appointment and Qualification of Directors Amendment Rules, 2015

Appointment and Qualification of Directors Amendment Rules, 2015


MCA NOTIFICATION DT: 19.01.2015:

In exercise of the powers conferred by the second proviso to sub-section(1), sub-section(4) and clause (f) of sub-section (6) of section 149, sub-sections(3) section 157, section 160, sub-section(1) of section 168 and section 170 read with section 469 of the companies Act, 2013 (18 of 2013), the central government hereby makes the following rules further to amend the companies (Appointment and Qualification of Directors) Rules, 2014, namely:-

1.

  • These rules may be called the companies (Appointment and Qualification of Directors) Amendment Rules, 2015.
  • They shall come into force on the date of their publication in the official Gazette.


2. In the companies (Appointment and Qualification of Directors) Rules, 2014, in rule 16, the following proviso shall be inserted, namely:-

"Provided that in case a company has already filed Form DIR-12 with the Registrar under rule 15, a foreign director of such company resigning from his office may authorise in writing a 15, a foreign director of such company resigning from his office may aurtorise in writing a practising chartered accountant or cost accountant in practice or company secretary in practice or any other resident director of the company to sign Form DIR-11 and file the same on his behalf intimating the reasons for the resignation."

Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number G.S.R.259 (E), dated the 18th September, 2014.
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Wednesday, January 7, 2015
Finance Updates - Companies (Amendment) Bill, Company Law Settlement Scheme, GDP Growth Etc.,

Finance Updates - Companies (Amendment) Bill, Company Law Settlement Scheme, GDP Growth Etc.,


Extension of Date for Filing e-Form CRA-2:
As per rule 6 (2) of the Companies (Cost Records and Audit) Rules, 2014, companies are required to inform appointment of cost auditor to the Central Government by filing e-Form CRA-2, within a period of thirty days of the Board meeting in which such appointment is made or within a period of one hundred and eighty days of the commencement of the financial year, whichever is earlier. Considering delay in availability of e-Form CRA-2 on the MCA website, the Ministry has extended the date of filing of the e-Form CRA-2 up to 31.01.2015 without any penalty. The e-Form CRA-2 will be made available on the MCA website shortly. And companies which have filed e-From 23C for appointment of Cost Auditor for the financial year 2014-15 need not file e-Form CRA-2 afresh for the financial year 2014-15 (General Circular No. 42/2014 dated 12.11.2014).

Cabinet Clears the Companies (Amendment) Bill, 2014:
The Union Cabinet approved the introduction of the Companies (Amendment) Bill, 2014 in Parliament to make certain amendments in the Companies Act, 2013. The Bill seeks to amend 21 provisions (covering 14 issues). The Bill proposes to address some issues raised by stakeholders and facilitate ease of doing business in the country. Important amendments proposed in the Act are as follows: Omitting requirement for minimum paid up share capital  at  the time of incorporation; prescribing specific  punishment for non-repayment of deposits by companies; prohibiting public inspection of Board resolutions filed in the Registry; including provision for writing off past losses/depreciation before declaring dividend for the year; enabling provisions to prescribe thresholds beyond which fraud shall be reported to the Central Government; bail restrictions to apply only for offence relating to fraud under Section 447; winding up cases to be heard by 2-member Bench instead of a 3-member Bench; and Special Courts to try only offences carrying imprisonment of two years or more etc.

Company Law Settlement Scheme, 2014:
The Ministry of Corporate Affairs has further extended the 'Company Law Settlement Scheme 2014 (CLSS-2014)' up to 31.12.2014. CLSS-2014provides a one-time opportunity for defaulting companies to file their annual statutory documents, with granting immunity from prosecution and reduced fee (General Circular No. 44/2014 dated 13.11.2014).

Companies General Rules and Forms (Amendment) Rules: 
The Government of India has amended the Rule 12A of the Companies (central Government's) General Rules and Forms, 1956, changing the nomenclature of 'Joint Director (Accounts)' to 'Joint Director' (Notification G.S.R. 815(E) dated   17.11.2014).

11thNational Awards for Excellence in Cost Management:
The Institute of Cost Accountants of India (ICoAI) organised "11thNational Awards for Excellence in Cost Management- 2013" on 25.11.2014 in New Delhi. The Hon'ble Union Minister of State for Finance Shri Jayant Sinha, who graced the occasion as Chief Guest, presented the awards to 22 companies for excellence in cost management practices. Shri M.J. Joseph, Additional Secretary, Ministry of Corporate Affair, graced the occasion a Special Guest and addressed the gathering.

Other Updates:
  • GDP growth in the 1st half of the current fiscal(2014-15) increased to 5.5% from 4.9% realized in corresponding period of the previous year. This is mainly due to 3.5% growth in Agriculture, 3.2% growth in Industry and 7% growth in Services. Industrial growth is yet to pick-up, and much would depend on revival of manufacturing sector. I urge the corporates to make the "Make in India" campaign a success by proving their mettle in bolstering  manufacturing  growth.
  • The Ministry of Corporate Affairs made rapid strides during the year in improving the legal framework and simplifying procedures for 'ease of doing business'. For removing doubts and facilitating smooth implementation of the Companies Act, 2013, 15 amendments to various Companies Rules were notified and 45 clarifications issued.
  • I am happy to note that the Companies Amendment Bill, 2014 has been passed by the Lok Sabha. The Bill proposes to make, inter alia, approval for related party transactions simpler, retain the stringent bail provision only for the serious offences of fraud, and rationalize procedural aspects to deal with frauds detected during the course of audit. Once the Bill is enacted, it will bring substantial ease to the business community.
  • Serious Fraud Investigation Office (SFIO) completed the investigations in the affairs of 17 so-called 'Chit Fund Companies' unravelling their modus operandi. Apart from prosecuting such companies for non-compliance of relevant provisions of Companies Act, evidence gathered has been shared with the CBI which is looking into criminal offences of such companies. We have moved a step forward in investors' protection through proactive disclosure of the list of companies, which are under alert, defaulted in statutory filing, remained dormant etc. on Ministry's website.
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Tuesday, December 23, 2014
Companies (Amendment) Bill, 2014 as passed by the Lok Sabha By.Mr.Rohit Motsra

Companies (Amendment) Bill, 2014 as passed by the Lok Sabha By.Mr.Rohit Motsra



Proposed Amendments deal with
  1. Minimum paid-up share capital [Sections 2(68),2(71),11]
  2. Common seal [Sections 9,12(3)(b),22(2),22(3),46(1),223(4)]
  3. Related party transactions [Section 188(1)]
  4. Audit Committee –approval of RPTs [Section 177(4)(iv)]
  5. Fraud reporting by auditors [Sections 143(12) & 134(3)]
  6. Public inspection of board resolutions [Section 117(3)(g)]
  7. Restrictions on bail [Section 212(6)]
  8. NCLT bench strength for winding-up cases  [Sec 419(4)]
  9. Offences triable by special courts [Sections 435,436]
  10. Set off past losses before declaring dividend [Section 123(1)]
  11. Loan/guarantee/security by holding co to WOS [Sec 185]
  12. Transfer of shares to IEPF [Section 124(6)]
  13. Specific punishment for violations related to deposits-new section 76A
Section 2(68)-Definition of Private Company
  • Proposed amendments to section 2(68)
  • Minimum paid-up capital of Rs.1,00,000 proposed to be omitted from section 2(68)
  • OPC/Pvt Co can be formed with howsoever less paid-up share capital unless Central Govt prescribes minimum paid-up share capital
  • Power of Central Govt to prescribe minimum paid-up share capital proposed to be retained
  • Fetter on Central Govt as regards not prescribing amount less than Rs.1,00,000-fetter proposed to be removed
  • Consequential amendment proposed to section 11(1)(a)
Section 2(71)-Definition of Public Company
  • Proposed amendments to section 2(71)(b)
  • Minimum paid-up capital of Rs.5,00,000 proposed to be omitted from section 2(71)(b)
  • Public Co can be formed with howsoever less paid-up share capital unless Central Govt prescribes minimum paid-up share capital
  • Power of Central Govt to prescribe minimum paid-up share capital proposed to be retained
  • Fetter on Central Govt’s as regards not prescribing amount less than Rs.5,00,000-fetter proposed to be removed
  • Consequential amendment proposed to section 11(1)(a)
Declaration under section 11(1)(a)
  • Proposed amendment
  • References to minimum paid-up share capital of Rs.5,00,000 for public co & of Rs.1,00,000 for pvt co  proposed to be omitted from section 11(1)(a)
Common seal [Section 9]
  • Common Seal termed by Supreme Court as “relic of the days when medieval barons, who could not read or write, used their rings to make a characteristic impress”-Pancharan Dhara v. Monmatha Nath Maity [2006] 69 SCL 401 (SC)
  • Section 9 at present makes it mandatory for a company to have a common seal from the date of incorporation
  • Proposed amendments
- The words “and a common seal” proposed to be omitted from section 9 to make it optional for
a company to have a common seal
- Consequential amendments proposed to sections 12(3)(b),22(2), 22(3),46(1) and 223(4)
- Words “if any” proposed to be added in sections 22(2),46(1) after the words common seal consequent to making common seal optional. 
- Words “if any” added in sections 12(3)(b) &223(4) after the word ‘seal’
- Sections 22(2),46(1) proposed to be amended to clarify how documents (POA/share certificates) will be signed on co’s behalf if co opts not to have a common seal
Section 12(3)(b)-Obligation to have name of co engraved on its common seal
Section 12(3)(b) as originally enacted
  • Section 12(3)(b) requires that every company shall have its name engraved on its seal
Section 12(3)(b) after proposed amendments
  • every company shall have its name engraved on its seal, if any
  • Words “if any” proposed to be added after the word ‘seal”
  • Since section 9 proposed to be amended to make common seal optional, section 12(3)(b) to be amended to clarify that obligation to have name engraved will apply only if company opts to have a common seal
Signing of POA on behalf of company [Section 22(2)/22(3)]

Existing provisions
  • Section 22(2) required POA to be authorised under common seal as common seal was mandatory
Proposed amendments (consequential to amendments proposed to making common seal optional)
  • If co. opts to have a common seal, POA to be authorised under common seal
  • If co. opts not to have common seal, POA to be signed  by two directors. If company has a CS, it can be signed by CS and one director
Signing of share certificates on behalf of company [Section 46(1)]

Existing provisions
  • Section 46(1) required share certificates to be issued under common seal as common seal was mandatory
Post amendment (consequential to amendments proposed making common seal optional)
  • If co. opts to have a common seal, share certificate to be issued under common seal
  • If co. opts not to have common seal, share certificate to be signed  by two directors. If company has a CS, it can be signed by CS and one director
Proposed New Section 76A-specific punishment for violation of provisions relating to deposits-I
Following offences  proposed to be made punishable u/s76A:
  • A company accepts or invites or allows or causes any person to accept or invite on its behalf any deposit in contravention of the manner or the conditions prescribed under
           - section 73 or
           - section 76 or
           - rules made thereunder [Companies(Acceptance of Deposits) Rules,2014]
  • A company fails to repay deposit or part thereof or any interest due thereon within the time specified in
          - section 73 or
          - section 76 or
          - rules made thereunder [Companies(Acceptance of Deposits) Rules,2014] or
          - such further time as may be allowed by the NCLT under section 73
Proposed New Section 76A-specific punishment for offences relating to deposits-II 

Punishments proposed :
  • the company shall, in addition to the payment of the amount of deposit or part thereof and the interest due, be punishable with fine which shall not be less than Rs.1,00,00,000 but which may extend to Rs.10,00,00,000 [section 76A(a)];
  • every officer of the company who is in default shall be punishable with imprisonment which may extend to seven years or with fine which shall not be less than Rs. 25,00,000 but which may extend to Rs.2,00,00,000, or with both. [section 76A(b)]
  • If it is proved that the officer of the company who is in default has contravened such provisions knowingly or willfully with intention to deceive the company or its shareholders or depositors or creditors or tax authorities, he shall be liable for action under section 447[Proviso to section 76A]
Section 117(3)(g)-Public inspection of board resolutions filed with ROC
Provisions
  • Section 117(3)(g) requires filing with ROC of board resolutions passed u/s 179(3)
Proposed Amendment
  • New proviso to section 117(3)(g): “no person shall be entitled under section 399 to inspect or obtain copies of such resolutions”
Entire past losses to be set  off against current profit before declaring dividends –Section 123
Present Position
  • Past losses/depreciation not provided in past years to be set  off against current profit before declaring dividends –Rule 3(5)
Proposed Amendment
  • Past losses/depreciation not provided in past years to be set  off against current profit before declaring dividends –New Fourth Proviso inserted to section 123(1)
Net effect after proposed amendment
  • Provisions presently in the Rules incorporated in the Act itself as a matter of abundant caution. No net change in position
Transfer of shares to IEPF-section 124(6) of the Companies Act,2013
  • Sub-section (6) of section 124 proposed to be amended by  substituting  the words “unpaid or unclaimed dividend has been transferred to the Investor Education and Protection Fund shall also be” with the words “dividend has not been paid or claimed for seven consecutive years or more”.
  • The purpose of the proposed amendment is to clarify that section 124(6) shall not apply where dividend has been paid or claimed by the investor in any of the 7 years before the year in which unpaid/unclaimed dividend is to be transferred to IEPF.
  • To make the position abundantly clear beyond doubts, a new  Explanation proposed to be inserted to section 124(6) which clarifies that “in case any dividend is paid or claimed for any year during  the said period of seven consecutive years, the share shall not be transferred to Investor Education and Protection Fund.”
Fraud Reporting by auditors-Section 143(12)/Section 134(3)
Requirements of section 143(12) as originally enacted
  • Section 143(12) as originally enacted requires auditor to report frauds against the co. by officers/employees of the co. to Central Government irrespective of amounts involved in the fraud.
Proposed Amendments
  • Section 143(12) proposed to be substituted & two new provisos proposed to be inserted in section 143(12)
  • New clause (ca) proposed to be inserted in section 134(3)
  • The objective of these proposed amendments is to incorporate enabling provisions to prescribe thresholds beyond which fraud shall be reported to the Central Govt 
  • Below the threshold, it will be reported to the Audit Committee).
  • Disclosures for frauds less than thresholds also to be made in the Board’s Report
Related Party transactions approval by Audit Committee u/s 177(4)(iv)
  • New proviso proposed to be added to section 177(4)(iv) to provide that empower audit committee to give omnibus approvals for RPTs on annual basis to align with SEBI policy and increase the ease of doing business
  • Clause 49(VII)(D) of Listing Agreement-SEBI policy regarding omnibus approvals of RPTs by Audit Committee
Related Party approvals by non-related shareholders-simplification
  • The First & second provisos to section 188(1) proposed to be amended to replace ‘special resolution’ with ‘ordinary resolution’ for approval of related party transactions by non-related shareholders
  • New third proviso proposed to be inserted in section 188(1) to clarify that  consent of non-related shareholders not required for transactions between a holding company and its wholly owned subsidiary (WOS) whose accounts are consolidated with the holding company and placed before the shareholders in general meeting for approval
Exemption from section 185 for loans/ guarantees/securities given by holding co to subsidiaries
  • New clauses (c) and (d) inserted in proviso to section 185(1) to exempt the following from section 185 :
               - (c) any loan made by a holding company to its wholly owned subsidiary company or
               - any guarantee given or security provided by a holding company in respect of any loan
                  made to its wholly owned subsidiary company;
               - (d) any guarantee given or security provided by a holding company in respect of loan 
                 made by any bank or financial institution to its subsidiary company
  • Loans made under clauses (c) and (d) are utilized by the subsidiary company for its principle business activities.
  • Net effect: Exemptions provided in Rules proposed to be incorporated into the Act itself. No net change.
Exemptions from transactions of holding co with its WOS
  • New clause (c) proposed to be inserted in proviso to section 185(1) to exempt the following from  prohibitions on loans etc in section 185 :
                  - any loan made by a holding company to its wholly owned subsidiary (WOS) company or
                  - any guarantee given or security provided by a holding company in respect of any loan
                     made to its WOS
  • New third proviso proposed to be inserted in section 188(1) to clarify that  consent of non-related shareholders not required for transactions between a holding company and WOS whose accounts are consolidated with the holding company and placed before the shareholders in general meeting for approval
Other amendments
  • Section 212(6) proposed to be amended to  omit references to 14 offences and replace it with reference to offence of fraud u/s 447 so that bail restrictions apply only to offence of fraud
  • Section 419(4) as originally enacted provided  for winding up matters to be heard by three-member benches of NCLT. Provision proposed to be amended to provide  for winding up matters to be heard by 2-member benches
  • Sections 435 & 436 as originally enacted provided for trial of all offences under the 2013 Act by Special Courts. Provisions proposed to be amended to provide that  Special Courts to try only offences carrying imprisonment of two years or more. (To let magistrate try minor violations)

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Friday, August 29, 2014
Purchase and sale of securities other than shares or convertible debentures of an Indian company by a person resident outside India

Purchase and sale of securities other than shares or convertible debentures of an Indian company by a person resident outside India

RBI NOTIFICATION
All Category – I Authorised Dealer Banks

Madam/ Sir,

1. Attention of Authorized Dealer Category-I (AD Category-I) banks is invited to Schedule 5 to the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (the Principal Regulations) notified vide Notification No. FEMA.20/2000-RB dated May 3, 2000, as amended from time to time, in terms of which, eligible investors, viz., SEBI registered Foreign Institutional Investors (FIIs), Qualified Foreign Investors (QFIs), registered Foreign Portfolio Investors (RFPIs) and long term investors registered with SEBI, may purchase eligible government securities directly from the issuer of such securities or through registered stock broker on a recognised Stock Exchange in India, subject to such terms and conditions as mentioned therein and limits as prescribed for the same by RBI and SEBI from time to time.

2. With a view to providing flexibility in regard to the manner in which government securities can be acquired by eligible investors, it has now been decided to remove any stipulation as to the manner of acquisition from the said Regulations. Consequently, the eligible investors can acquire such securities in any manner as per the prevalent/approved market practice.

3. AD Category - I banks may bring the contents of this circular to the notice of their constituents and customers.

4. Reserve Bank has since amended the Principal Regulations through the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Eleventh Amendment) Regulations, 2014 notified vide Notification No. FEMA. 313/2014-RB dated July 2, 2014 c.f. G.S.R. No.487 (E) dated July 11, 2014.

5. The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,

(B.P. Kanungo)
Principal Chief General Manager
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Tuesday, August 26, 2014
Pay IT dues in advance at RBI or at authorised bank branches

Pay IT dues in advance at RBI or at authorised bank branches

The Reserve Bank of India has appealed to income tax assessees to remit their income tax dues sufficiently in advance of the due date. It has also stated that assessees can use alternate channels like select branches of agency banks or the facility of online payment of taxes offered by these banks. These will obviate the inconvenience involved in standing in long queues at the Reserve Bank offices.

It is observed that the rush for remitting Income – Tax dues through the Reserve Bank of India has been far too heavy towards the end of September every year and it becomes difficult for the Reserve Bank to cope with the pressure of issuing receipts although additional counters to the maximum extent possible are provided for the purpose.

Twenty-nine agency banks are authorised to accept payments of Income Tax dues. These are:


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Tuesday, August 19, 2014
Proposed changes in Form 3CD (For Tax Audit Conducted under Section 44AB)

Proposed changes in Form 3CD (For Tax Audit Conducted under Section 44AB)





S
No.
Clause
Clause No.
Requirements
1
Whether the assessee is liable to pay indirect tax like excise duty, service tax, sales tax, customs duty,etc. if yes, please furnish the registration number or any other identification number allotted for the same
New Clause -4
As per revised 3CD report, Assessee is required to furnish registration number allotted by the concern authority of other Indirect Tax law under which he is liable to pay tax.

2
Indicate the relevant clause of section 44AB under which the audit has been conducted
New Clause -8
As per revised 3CD report Assessee is required to give details of relevant clause (a),(b,)(c) or(d) of Section 44AB, under which the assessee is liable to cover under Tax Audit
·         clause(a) of Section 44AB every person, carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds one crore rupees* in any previous year; or

·         Clause (b) of Section 44AB every person, carrying on profession shall, if his gross receipts in profession exceed twenty-five lakh rupees* in any previous year; or

·         Clause (c)’ of section 44AB  every person, carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AE or section 44BB or section 44BBB, as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any previous year; or
·         Clause (d) of section 44AB every person, carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AD and he has claimed such income to be lower than the profits and gains so deemed to be the profits and gains of his business and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year.
3
List of books of account maintained and the address at which the books of accounts are kept.
Clause-11 (b)
As per revised 3CD report, if books of accounts are maintained more then one location assessee is required to furnish the address of location along with details of books of accounts are maintained at each location.
4
Whether the profit and loss account includes any profits and gains assessable on presumptive basis, if yes, indicate the amount and the relevant section (44AD, 44AE, 44AF, 44B, 44BB, 44BBA, 44BBB, Chapter XII-G, First Schedule or any other relevant section.)
Clause-12
As per revised 3CD addition made to presumptive income, Assessee covered under Chapter XII-G i.e.  Special provision for presumptive income of Shipping Companies is required to be given if same is applicable to the Assesee.

5
Where any land or building or both is transferred during the previous year for a consideration less than value adopted or assessed or assessable by any authority of a State Government referred to in section 43CA or 50C, please furnish:
New Clause-17
A new clause is inserted, under which Assessee is require to furnish details of any land or building or both is transferred during the previous year for a consideration less than value adopted or assessed or assessable by any authority of a State Government referred to in Section 43CA or 50C for the purpose of deriving sale consideration for computation of capital gain tax.
Details of Property
Consideration accrued & Received
Value adopted or assessed or assessable



6
Amounts inadmissible under section 40(a)
Clause-21(b)
As per revised 3CD discloser requirements are enhanced for amounts inadmissible under 40(a) details. For details refer below
7
Disallowance/deemed income under section 40A(3):
Clause-21(d)
Disallowance/ Deemed income under section 40A(3) is replaced with new clause.  For details refer  below.
8
Amount of Central Value Added Tax credits availed of or utilised during the previous year and its treatment in the profit and loss account and treatment of outstanding Central Value Added Tax credits in the accounts. (b) Particulars of income or expenditure of prior period credited or debited to the profit and loss account.
Clause-27(a)
As per revised clause, Modified Value Added Tax credits availed of or utilized during the previous year and its treatment in the profit and loss account and treatment of outstanding Modified Value Added Tax credits in the accounts. The word Modified Value Added Tax is replaced by Central Value Added Tax.

9
Whether during the previous year the assessee has received any property, being share of a company not being a company in which the public are substantially interested, without consideration or for inadequate consideration as referred to in section 56(2)(viia), if yes, please furnish the details of the same.
New Clause-28
A new inserted clause, Assessee is required to furnish details of any property, being share of a company not being a company in which the public are substantially interested, without consideration or for inadequate consideration as referred to in section 56(2)(viia) received during the previous year.
·         As per  Section 56(2)(viia) of Income Tax Act,1961, where a firm or a company not being a company in which the public are substantially interested, receives, in any previous year, from any person or persons, any property, being shares of a company not being a company in which the public are substantially interested,
    (i) without consideration, the aggregate fair      
         market value of which exceeds fifty  
         thousand rupees, the whole of the 
         aggregate fair market value of such 
         property;
     (ii) for a consideration which is less than the
          aggregate fair market value of the
          property by an amount exceeding fifty
          thousand rupees, the aggregate fair
          market value of such property as exceeds
          such consideration:
·         Therefore any receipt of shares of a closely-held company, without consideration or for inadequate consideration, is taxable in the hands of the recipient.
·         For the purpose of this section, consideration would be deemed to be inadequate, if the difference between the actual consideration and the FMV (to be determined as per prescribed Valuation Rules) of the property exceeds Rs.50,000.
The Assessee is required furnish details for any share received during the previous year by the company from the closely held company.
10
Whether during the previous year the assessee received any consideration for issue of shares which exceeds the fair market value of the shares as referred to in section 56(2)(viib), if yes, please furnish the details of the same.
New clause-29
As per new inserted clause, Assessee is required to furnish details of any consideration  received for issue of shares which exceeds the fair market value of the shares as referred to in section 56(2)(viib), if any.
·         Section 56(2)(viib) { introduced by Finance Act 2012 w.e.f 01-04-2013 } r.w.s. 2(24)(xvi), of the Income tax Act ('the Act') provides that where a closely held company issues shares to a resident, for an amount received in excess of the fair market value of the shares, then the said excess portion will be regarded as income of the Company and charged to tax under the head ‘Income from other sources’. The said fair market value is defined as higher of the value arrived at on the basis of the method prescribed under Rule 11UA of the Income-tax Rules, 1962 (‘the Rules’) or the value as substantiated by the Company to the satisfaction of the Assessing Officer under Explanation to section 56(2)(viib), if assessee (closely held company ) has issued any share to a resident shall furnish the details for the same.
11
Whether the taking or accepting loan or deposit, or repayment of the same were made by account payee cheque drawn on a bank or account payee bank draft based on the examination of books of account and other relevant documents
Clause-31(c)’
As per earlier sub clause (c)  of clause 24 Whether a certificate has been obtained from the assessee regarding taking or accepting loan or deposit, or repayment of the same through an account payee cheque or an account payee bank draft. [Yes/No].
The statement has been replaced.
12
Details of brought forward loss or depreciation allowance, in the following manner, to the extent available :
Clause-32
Three additional points are added for discloser requirements relating to speculative loss details for the same are given below.
·     Whether the assessee has incurred any speculation loss referred to in section 73 during the previous year, If yes, please furnish the details of the same.
·     Whether the assessee has incurred any loss referred to in section 73A in respect of any specified business during the previous year, if yes, please furnish details of the same.
·      In case of a company, please state that whether the company is deemed to be carrying on a speculation business as referred in explanation to section 73, if yes, please furnish the details of speculation loss if any incurred during the previous year.
13
Section-wise details of deductions, if any, admissible under Chapter VIA or Chapter III (Section 10A, Section 10AA).
Clause-33
Discloser requirements for Section-wise details of deductions, if any, admissible under Chapter VIA or Chapter III (Section 10A, Section 10AA) has been enhanced.
Section under which deduction is claimed
Amounts admissible as per the provision of the Income Tax Act, 1961 and fulfils the conditions, if any, specified under the relevant provisions of Income Tax Act, 1961 or Income Tax Rules,1962 or any other guidelines, circular, etc, issued in this behalf.


The Assessee is required to furnish details of each claim availed under Chapter VIA or Chapter III of Income Tax Act,1961.
14
Whether the assessee is required to deduct or collect tax as per the provisions of Chapter XVII-B or Chapter XVII-BB, if yes please furnish:
Clause-34
The discloser requirement for Tax deducted & Collected as per the provisions of   Chapter XVII-B or Chapter XVII-BB has been enhanced for reporting purpose, details for the same are given below.
15
In the case of a domestic company, details of tax on distributed profits under section 115-O in the following form :-
 Clause-36
Two Additional discloser requirements  have been inserted  in case of  a domestic company  received dividend from its subsidiary  company, details of tax on distributed profits under section 115-O (Dividend Distribution Tax)
·        amount of reduction as referred to in section 115-O(1A)(i);
·        amount of reduction as referred to in section 115-O(1A)(ii);

As per Section 115-O(1A)  as amended by Finance Act 2012, If any holding company receives dividend from its subsidiary on which the subsidiary company has paid the DDT payable on such dividend, then, the amount of dividend declared, distributed or paid by the holding company by way of dividends, whether interim or otherwise shall be reduced by the amount of dividend, if any, received from the subsidiary company during the financial year, Provided that the same amount of dividend shall not be taken into account for reduction more than once.
16
Whether any cost audit was carried out, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the cost auditor.
Clause-37
Under this clause the statement is replaced from earlier statement of Whether any cost audit was carried out, if yes, enclose a copy of the report of such audit [see section 139(9)].
17
Whether any audit was conducted under the Central Excise Act, 1944, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the auditor.
Clause-38



Under this clause the statement is replaced from earlier statement of Whether any audit was conducted under the Central Excise Act, 1944, if yes, enclose a copy of the report of such audit.
18
Whether any audit was conducted under section 72A of the Finance Act,1994 in relation to valuation of taxable services, Finance Act,1994 in relation to valuation of taxable services, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the auditor
Clause-39
The Assessee is required to furnish details of  Special Audit conducted under section 72A of Finance Act,1994 ,if any during the previous year, for valuation of taxable services. If such audit was conducted by the department then such report is required to be furnish by assessee to the auditor.
19
Details regarding turnover, gross profit, etc., for the previous year and preceding previous year:
Clause-40
As per revised 3CD report Assessee is required to furnish accounting ratios for previous year as well as preceding previous year.
Sr.No.
Particulars
Previous  Year
Preceding Previous Year
1
Total turnover of the assessee


2
Gross profit/turnover


3
Net profit/turnover


4
Stock-in-trade/turnover


5
Material consumed/finished goods produced


20
Please furnish the details of demand raised or refund issued during the previous year under any tax laws other than Income Tax Act, 1961 and Wealth tax Act, 1957 along with details of relevant proceedings.
New Clause-41
A new Clauses inserted in revised 3CD report in which assessee is required to furnish the details of demand raised or refund issued during the previous year under any tax laws other than Income Tax Act, 1961 and Wealth tax Act, 1957 such as Excise Law, Service Tax, Sales Tax, Customs Law and any other laws if any.

Clause -21(b) : Amounts inadmissible under section 40(a)
(1) as payment to non-resident referred to in sub-clause (i)
(A) Details of payment on which tax is not deducted:
(I)   date of payment
(II)  amount of payment
(III) nature of payment
(IV) name and address of the payee

(B) Details of payment on which tax has been deducted but has not been paid during the previous year or in the subsequent year before the expiry of time prescribed under section 200(1)
(I) date of payment
(II) amount of payment
(III) nature of payment
(IV) name and address of the payee
(V) amount of tax deducted

(2) as payment referred to in sub-clause (ia)

(A) Details of payment on which tax is not deducted:
(I) date of payment
(II) amount of payment
(III) nature of payment
(IV) name and address of the payee

(B) Details of payment on which tax has been deducted but has not been paid on or before the due date specified in sub- section (1) of section139.
(I) date of payment
(II) amount of payment
(III) nature of payment
(IV) name and address of the payer
(V) amount of tax deducted
(VI) amount out of
(V) deposited, if any

(iii) under sub-clause (ic) [Wherever applicable]: As per sub-clause(ic) of clause (a) of section 40 any Fringe Benefit Tax (FBT) is not deductible while calculating business income.

(iv) under sub-clause (iia) : Any sum paid on account of wealth tax, chargeable  under Wealth Tax Act, 1957 which is in the nature of personal expenses of company and shall be disallowed u/s 40(a)(iia)

(v) under sub-clause (iib) : insert a new sub-clause (iib) in clause (a) of the section 40 so as to provide that any amount paid by way of royalty, licence fee, service fee, privilege fee, service charge or any other fee or charge, by whatever name called which is levied exclusively on or any amount which is appropriated, whether directly or indirectly, from a State Government undertaking, by the State Government, shall not be allowed as deduction in computing the income chargeable under
the head “Profits and gains of business or profession”. 

(vi) under sub-clause (iii) :  A new clause sub-clause(iii) of clause (a) of section 40 any payment which is chargeable under the head" Salaries", if it is payable outside India and if the tax has not been paid thereon nor deducted there from under Chapter XVII- B is required to disclose.
(A) date of payment
(B) amount of payment
(C) name and address of the payee

(vii) under sub-clause (iv) : As per sub-clause(iv) of clause (a) of section 40  any payment to a provident or other fund established for the benefit of employees of the assessee, unless the assessee has made effective arrangements to secure that tax shall be deducted at source from any payments made from the fund which are chargeable to tax under the head" Salaries".

(viiii) under sub-clause (v) : As per sub-clause(v) of clause (a) of section 40  any payment of tax on non-perquisite to employees are paid by the employer is not deductible while calculating business income.

Clause-21(d)- Disallowance/deemed income under section 40A(3)

Old Clause
A.whether a certificate has been obtained from the assessee regarding payments relating to any expenditure covered under section 40A(3) that the payments were made by account payee cheques drawn on a bank or account payee bank draft, as the case may be, [Yes/No]
B.amount inadmissible under section 40A(3), read with rule 6DD [with break-up of inadmissible amounts]

New Clause
A-On the basis of the examination of books of account and other relevant documents/evidence, whether the expenditure covered under section 40A(3) read with rule 6DD were made by account payee cheque drawn on a bank or account payee bank draft. If not, please furnish the details:
Serial number
Date of payment
Nature of payment
Amount
Name and Permanent Account Number of the payee, if available






B-On the basis of the examination of books of account and other relevant documents/evidence, whether the payment referred to in section 40A(3A) read with rule 6DD were made by account payee cheque drawn on a bank or account payee bank draft If not, please furnish the details of amount deemed to be the profits and gains of business or profession under section 40A(3A);
Serial number
Date of payment
Nature of payment
Amount
Name and Permanent Account Number of the payee, if available






Clause -34- The discloser requirement for Tax deducted & Collected as per the provisions of   Chapter XVII-B or Chapter XVII-BB

•Whether the assessee is required to deduct or collect tax as per the provisions of Chapter XVII-B or Chapter XVII-BB, if yes please furnish
Tax deduction and collection Account Number (TAN)
Section
Nature of payment
Total amount of payment or receipt of the nature specified in column (3)
Total amount on which tax was required to be deducted or collected out of (4)
Total amount on which tax was deducted or collected at specified rate out of (5)
Amount of tax deducted or collected out of (6)
Total amount on which tax was deducted or collected at less than specified rate out of (7)
Amount of tax deducted or collected on (8)
Amount of tax deducted or collected not deposited to the credit of the Central Government out of (6) and (8)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)











•whether the assessee has furnished the statement of tax deducted or tax collected within the prescribed time. If not, please furnish the details:
Tax deduction and collection Account Number (TAN)
Type of Form
Due date for furnishing
Date of furnishing, if furnished
Whether the statement of tax deducted or collected contains information about all transactions which are required to be reported






•whether the assessee is liable to pay interest under section 201(1A) or section 206C(7). If yes, please furnish:
Tax deduction and collection Account Number (TAN)
Amount of interest under section 201(1A)/206C(7) is payable
Amount paid out of column (2) along with date of payment.



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