Thursday, 7 July 2016

Amendment in eTDS return filing due dates and procedures w.e.f 01st June 2016


Recent amendments in Income Tax Rules, 1962 in relation to filing of quarterly e-TDS returns.

1.       As per Notification no 39/2016 dated 31st May 2016, Central Board of Direct taxes (CBDT) has amended Rule 31A of Income Tax Rules, 1962 and accordingly the due date for filing quarterly e-TDS returns with effect from 1st June 2016 would be as follows:

Date of ending of quarter of financial year
Revised Due Dates to file e-TDS return
Previous Due Dates
30th June
31st July
15th July
30th September
31st October
15th October
31st December
31st January
15th January
31st March
31st May
15th May

2.       Further as per Notification No 11/2016 dated 22nd June 2016,  CBDT has initiated the process of online filing the e-TDS returns as against the current process of physically submitting them to the NSDL department. To avail this facility, the Company has to create a ‘Tax Deductor and Collector’ account on the Income Tax E-filing website. The return can be uploaded through this account by using the Digital Signature Certificate of the authorised person.

Kindly note that submitting the TDS returns online is not mandatory and the company can continue to file the return as per the current process i.e. by submitting the Form 27A to the NSDL department.


In case of any queries comment Below .

Thursday, 2 June 2016

Equalisation Levy @ 6% by Budget 2016

A new chapter “Equalisation Levy” is introduced by Finance Act 2016, in income tax act, 1961. By introduction of this levy many non-taxed transactions of non resident companies will come under its radar. This tax is also called Google Tax, since companies like Google & Facebook are mostly likely to effected by this levy. The concept of this levy is similar to TDS.
It is a tax deducted from any payment made to non residents for any specified transactions. It is applicable from 1st June 2016 @6%.
For example, M/s ABC Ltd. receives specified services of Rs. 10 lakh from a non resident person for their business. M/s ABC Ltd. will have to deduct Equalisation levy @6% i.e Rs. 60,000/-  from the payment and give only Rs. 9.40 Lacs to the Non Resident.
To whom it is applicable?
·         a person resident in India and carrying on business or profession.
·         a non resident having permanent establishment in India.
When it is not applicable?
·         When the non resident who is providing specified transactions have a permanent establishment in India and the specified transaction is effectively connected with the permanent establishment.
·         When the aggregate amount of consideration for specified transactions does not exceeds Rs. 1 Lakh.
·         When the payment for specified transactions is not for carrying out business or profession in India.
What are the specified services for Equalisation levy?
Specified services includes the following services:
·         Online Advertisement
·         Any provision of digital advertising space or any service for the purpose of online advertisement.
The central Government may add more services under specified services.
Why Equalisation Levy introduced ?
But why this new concept of Equalisation levy is introduced? Let us understand it.
As per income tax,  a non resident’s Indian income is always taxable. But there is an exception to this rule.
If a non resident does not have permanent establishment in India, then any income accrues in India is not taxable at all.
On the above principle, it is provided that there is no need to deduct TDS for such non residents.
For example M/s XYZ Pvt. Ltd., an Indian company get the work done from ABC Ltd., a Chinese company. The ABC Ltd. does not have any branch in India, which means it has no business connection in India.
Hence any payment made by XYZ Ltd. to ABC Pvt. Ltd. will not be liable for TDS deduction since the such income of ABC Ltd. is not taxable in India. It may get taxable in China.
But there are many international transactions which do not get taxed at all, not a single time.
This is possible due to the fact that in many countries of the word the tax rate are Zero. These countries are called Tax heaven.
Many MNC’s open new companies in these countries to save tax.
The Organization for Economic Cooperation and Development (OECD), India is also member of it, has decided that a mechanism should be framed so that no single international transaction should remain non-taxed.
For this reason, India has also adopted Base Erosion and Profit Shifting (BEPS) project under Action Plan 1 recommended by OECD.
Read here the Base Erosion and Profit Shifting (BEPS) by Budget 2016.
For this reason concept of equalisation levy is introduced so that no transaction remains non-taxed.
What is charging section for Equalisation Levy?
Equalisation levy is part of many other tools, that India has introduced to make international transaction taxable.
A new chapter “Chapter VIII” is introduced in Income Tax Act, 1961 to provide the provisions of Equalisation levy.
Section 165 is the Charging section for equailsation levy.
When to deduct Equalization levy?
It is deducted on date of payment or credit, whichever is earlier.
What is the Due date of payment of equalization levy?
It is paid on or before 7th of following month in which it is deducted.
For example if it is deducted in August, then it is paid on or before 7th of September.
What is Form and due date of Return?
A return shall be filed after the end of each financial year in Form No. 1 and  on or before 30th June immediately following that financial year.
The return can be furnished in the following manner:
·         Electronically under digital signature
·         Electronically through electronic verification code
Can we revise the return?
The return so filed may be revised before end of two years from the end of the financial year in which the specified service was provided.
What it the interest for late payment of Equalisation levy?
Section 170 provides for  Interest on late payment of equalization levy.
Interest @1% p.m. shall be paid for every month or part of month by which such levy is delayed.
The central government will notify for the date of applicability of Equalisation levy.
What is the penalty for failure to deduct or pay equalisation levy?
Section 171 deals with penalty for failure to deduct or pay equalisation levy.
There are two situations:
·         If fails to deduct and pay:
In addition to interest under section 170, he shall pay penalty equal to amount of equalisation levy.
·         If deduct but fails to pay:
In addition to interest under section 170, he shall pay penalty of Rs. 1000 for every day during which failure continues, however the amount of penalty can not exceeds the equalisation levy.
What is penalty for failure to file the return?
Section 172 deals with penalty for failure to file Return.
In such case penalty of Rs. 100 per day will be levied during the period which failure continues.
Who is empowered to make rules for equalisation levy?
Under Section 179 Central Government is empowered to make rules for carrying out the provisions of this chapter.
Central Government has notified Equalisation Levy Rule 2016 by notification No 38/2016

Friday, 27 May 2016

Income Tax Return Utility Downloads-A.Y. -2016-2017

Income Tax Return Utility Downloads 

Now you can download the tax utility from below link -
http://incometaxindiaefiling.gov.in/


Thursday, 26 May 2016

TDS Amendments w.e.f 01st June 2016


Accounting code for payment of Krishi Kalyan Cess

Chapter VI of the Finance Act, 2015 will come into effect from 1st June, 2016. Krishi Kalyan Cess is leviable on all taxable services, other than services which are fully exempt from Service Tax or services which are otherwise not liable to Service Tax under section 66B of the Finance Act, 1994, at the rate of 0.5%. 2.

Accordingly, accounting codes have also been allotted by the Office of the Controller General of Accounts for the new Minor Head “507-Krishi Kalyan Cess” and new Sub-heads as under:



Thursday, 19 May 2016

EPF registration_Date of Coverage_Documents_Manufacturing Unit

FOLLOWING DOCUMENTS ARE REQUIRED FOR DECIDING FINAL DATE OF COVERAGE
I. MANUFACTURING UNIT
  • Copy of 1st partnership deed / memoranda and article of association
  • Extracts from 1st Year ledger / cashbooks for :
    • 1st purchase of raw material
    • 1st salary / wages paid
    • 1st salary / wages paid
    • 1st sale
    • 1st rent paid
  • Copy of 1st Sales tax assessment order
  • Copy of 1st Income Tax assessment order
  • Copy of 1st years balance sheet
  • Salary/wages registers, vouchers, books and balance sheets from date of start till date of provisional coverage done earlier
  • C. S. T. & B. S. T. Certificate
  • Books of accounts ( Ledger, cash books etc.) since beginning.
  • Balance sheet / P&L account (in case of Limited company Annual Report since beginning.)
  • Shops & Establishment Registration Certificate/Factory Licence
  • Partnership deed in case partnership firm) and Memorandum of Association & Articles (In case of Limited Co.)
  • Salary/Wage register and Attendance Register since beginning.
  • Month wise strength of numbers of employees since beginning
  • List of Directors/Partners/ owners along with their residential addresses
  • Name of the Bankers, Address of the Bank and and name of the person responsible for financial affairs.

Tuesday, 17 May 2016

Amendments - Service tax 2016

Finance Bill, 2016 assented by President on May 14, 2016. Now it becomes the Finance Act, 2016 (28/2016). Key Changes in Service Tax: 
  • Krishi Kalyan Cess @ 0.5% on gross value of taxable services (from 01.06.2016). Total ST rate @ 15%
  • AC Bus service by Road Transport Corporation taxable @ 6% from (01.06.2016).
  • Rate of ST for the package tour increased from 3.625% to 4.35%.
  • ST on foreman commission at 10.15%.
  • Rate of ST for sale of flats increased from 3.625% to 4.35%
  • Rate of ST for transport of goods by Rail in container other than by IR increased from 4.35% to 5.8%
  • Rate of ST for transport of used household increased from 4.35% to 5.8%
  • Assignment of radio-frequency spectrum and subsequent transfers thereof taxable.
  • Senior advocate service liable to service tax.
  • Transport of passenger’s ropeway, cable car or aerial tramway made liable for ST.
  • Interest rate reduced to 15% (if ST not collected) and 24% (if ST collected).
  • Due date for issue of SCN extended from 18 months to 30 months.
  • The monetary limit for prosecution cases enhanced to Rs.2 Crores.
  • Dispute resolution scheme for the cases pending before Commissioner (Appeals).
  • New levy on services exempted only if amount received and invoice raised before the notified date.
  • Special exemption for construction canal, dam or other irrigation works for the period 01.07.2012 to 29.01.2014.
  • Restoration of exemption for construction of non-commercial buildings for the contracts enter prior to 01.03.2015 for the period up to 31.03.2020.
  • Special exemption for constriction of ports and airports for the period from 01.04.2015 to 31.03.2020 for the contracts entered prior to 01.03.2015.
  • Construction under House for All (Urban) Mission / Pradhan Mantri Awas Yojana (PMAY), exempted.
  • Construction of low cost houses up to a carpet area of 60 sq.m per house under Govt. scheme exempted from service tax.
  • Levy of Central Excise duty/CVD and service tax on IT software made mutually exclusive.
  • Services provided by the Indian Institutes of management (IIM) exempted.
  • Business entity receiving any service from government to pay service tax.
  • Business entity located in India to pay service tax on ocean freight availed by foreign shipping line.
  • HUF and One person company (<50Lacs Turnover) to pay on quarterly basis.
  • Annual returns to be filed by service provider by 30th November every year. 
Refer details in other post .