Future of Accountancy Profession

Image result for future of accountant professionFuture of Accountancy Profession

Accountancy profession will face significant challenges in coming times with the evolving technologies, globalization and new form of regulations. Along with tough challenges come exciting opportunities which accountants in business and practice are going to face. Emerging technologies and global trends are definitely reshaping the accountancy profession in many countries across the world including India, China, and Europe etc.

The new changes and challenges demands better marketing and branding of the accountants. A survey from ABN says ‘87% of the respondents thought that the accountants needed to market themselves better’. It is demand of the profession that accountants build of brand of themselves or the company to gain belief of the respondents. They would not just give you world as soon as they meet you. They would first like to know more about you, gain confidence that you are reliable and then an accountant can expect work from them. It is very important to build good relationship, “Accountants need to be multi-disciplinary and to acquire and develop skills and knowledge such as psychology, leadership, negotiation, critical thinking and creativity,” says Fung.

With the automation handling basic work, Accountants now have much time left with them to learn new and smart technologies to enhance their traditional approach of working. Smart software includes cloud computing, greater use of social media etc. This will lead to better outsourcing and engagement with stakeholders and help reaching broader communities.  Though accountancy is going to change radically in future but the change will be slow since people still rely on its stability. “It’s not a future where there’s nothing for people to do, but it is a future where the sorts of things that they do are quite different to what has been done traditionally” says Daniel at ICAS Conference 2017.

Accountants will have to be smarter and learn more technical and integrative skills because this change will definitely give birth to more exciting and new opportunities and exposure to the accountants.

Skills which would be required by accountants to align with the future changes:

  • Communication and relationship

Strong communication will lead to good relationships. A successful must be able to explain complex issues in a lucid manner. Building relationship with client is important to gain their confidence and this helps a lot in profession.

  • Technologically updated

Accountants must keep abreast of the latest technologies bringing in automation and taking over the traditional way of working. Because no matter how much we develop the systems and machine, there would always be a need of human intervention to make it reliable and stable. An accountant must be able to suggest and advice clients and bosses to get the best out of technology.

  • Flexible and adaptive

The best in the profession are those who are well prepared for the change and welcome it with open hands. And this is tested even more when the pace of change is accelerating. Ability to adapt is the sign of a good accountant.

Disclaimer:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. The author is a Chartered Accountant and the Chief Gardener & Founder Director of Rajput Jain & Associates , a leading Tax & Investment Planning Advisory Service Provider. His blog can be found at http://carajput.com/blog/For any query you can write to info@carajput.com. Hope the information will assist you in your Professional endeavors. For query or help, contact:   info@carajput.com or call at 09811322785/4 9555 5555 480)

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Elements of Financial Statements

Image result for financial statementThe financial elements of a financial statement are broadly classified into five categories. These are grouped according to the monetary characteristics they possess. Let’s have a brief understanding of all five.

Assets

An asset is a resource (either tangible or intangible) which is in control of the enterprise to derive monetary benefits from the use of it. Some of the points to be remembered are:

  • An asset should not necessarily have a physical existence.
  • An asset need not necessarily be owned. It should only be in control of the enterprise. An asset taken on lease from its owner will not be mentioned in the books of theowner but to whom it is in control of or leased to.
  • In order for an asset to be recognized, there should be sufficient control over it. For example copyrights, patents, trademarks etc.
  • An asset in order to be called an asset should be able to reap future financial benefits. An asset who ceases to have any value in a current accounting period cannot be termed as an asset.
  • An asset’s value or cost should be easily calculable or measurable.

Liabilities

Liability is defined as an obligation of an enterprise that arose as a result of past events. Some of the important points to be remembered in its context are:

  • A liability is recognized with the evidence shown in the balance sheet date.
  • Certain provisions like provision for depreciation, provision for bad and doubtful debts and other provisions are not considered aliability but rather as a reduction in the value of theasset.

Equity

Equity can be defined as the remaining interest of an enterprise over its assets after deduction of liabilities from it. In short, equity is the excess of aggregate assets over aggregate liabilities.

Income

Income can be:

  • any increase in the economic benefit as a result of inflow or encashment of asset
  • Increase in equity with the decrease in liability.

Income also includes the revenues and gains. Revenue is an income which arises during the ordinary course of business whereas,a gain is an income which may or may not arise during the normal course of business.

Expense

The expense is an antonym of income. Following are considered as an expense:

  • Any decrease in the economic benefit as a result of outflow
  • Deterioration of assets

The expense is defined as the charges incurred in the ordinary course of business like wages paid, rent paid etc., whereas losses may or may not incur in the ordinary course of business. For example loss on the sale of fixed assets. Expenses are shown on the debit side of profit and loss A/C.

Disclaimer:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. The author is a Chartered Accountant and the Chief Gardener & Founder Director of Rajput Jain & Associates , a leading Tax & Investment Planning Advisory Service Provider. His blog can be found at http://carajput.com/blog/For any query you can write to info@carajput.com. Hope the information will assist you in your Professional endeavors. For query or help, contact:   info@carajput.com or call at 09811322785/4 9555 5555 480)

Facebooktwittergoogle_plusredditpinterestlinkedinmail

CONDONATION OF DELAY SCHEME, 2018 (General Circular No.16/2017 dated 29/12/2017)

As par sec 92 of the Companies Act, 2013 provides that every company shall prepare an annual return in the prescribed form. The Annual return shall be signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice. Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held.

Disqualification of a director

As par sec164 (2) provides that no person who is or has been a director of a company which has not filed financial statements or annual returns for any continuous period of three financial years shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.

Sec- 167(1) (a) provides that the office of a director shall become vacant in case he incurs any of the disqualifications specified in sec-164 i.e., failure to file annual returns for any continuous period of three financial years.

Rule 14 of the Companies (Appointment and Qualification of Directors) Rules, 2014 provides that every director shall inform to the company concerned about his disqualification, if any, under section 164 (2) in Form DIR – 8

Action of MCA in disqualifying directors.

The Ministry of Corporate Affairs in September 2017 identified 3, 09,614 directors associated with the companies that had failed to file the financial statements or annual returns in the MCA 21 online registry for a continuous period of three financial years 2013 – 14, 2014 – 15, 2015 – 16 in terms of provisions of section 164(2) read with section 167 (1) (a) of the Act and they were barred from accessing the online registry.  A list of such directors was also published on the website of Ministry of Corporate Affairs.

Condonation of delay scheme, 2018

Consequent of the action made by MCA disqualifying the directors of the companies, there have been a spare of representations from industry, defaulting companies and their directors.

The Ministry of Corporate Affairs has announced a onetime settlement scheme for companies that saw over three lakh directors disqualified from their boards, with a view to giving an opportunity for the non-compliant defaulting companies to rectify the default

This scheme is applicable to all defaulting companies, other than the companies which have been struck off or whose names have been removed from the register of companies under section 248(5) of the Act. A defaulting company is permitted to file its overdue documents which were due for filing till 30.06.2016 in accordance with the provisions of this scheme.

Defaulting companies

The expression ‘defaulting company’ is defined as a company which has not filed its financial statements or annual return as required under the Companies Act, 1956 or Companies Act, 2013, as the case may be, and the Rules made there under for a continuous period of three years.

Overdue documents

The expression ‘overdue documents’ is defined as the financial statements or the annual returns or other associated documents, as applicable, in the case of a defaulting company.

The following are the overdue documents-

  • Form No. 20B/MGT-7 – Form for filing Annual return by a company having share capital;
  • Form 21A/MGT-7 – Particulars of Annual Return for the company not having share capital;
  • Form 23AC, 23ACA, 23AC-XBRL, 23ACA-XBRL, AOC – 4(CFS), AOC (XBRL) and AOC -4 (non-XBRL) – Forms for filing balance sheet/financial Statement and profit and loss account;
  • Form 66- Form for submission of compliance certificate with the Registrar;
  • Form 23B/ADT – 1 – Form for intimation for appointment of auditors.

PROCEDURE

Procedure to be followed under this scheme-

  • The DINs of the disqualified directors de-activated shall be temporarily activated during the validity period to enable them to file the overdue documents;
  • The defaulting company shall file the overdue documents paying the statutory filing fee and additional fee payable.
  • The defaulting company after filing the documents under this scheme shall seek condonation of delay by filing e-CODS 2018 along with a fee of –Rs 30,000/- as prescribed under the Companies (Registration Offices and Fee) Rules, 2014  well before the last date of the scheme
  • The DINs of the directors associated with the defaulting companies that have not filed their overdue documents and the e-form CODS and these are not taken on record in the MCA – 21 registry and are still found to be disqualified on the conclusion of the scheme shall be liable to be deactivated on the expiry of the scheme.
  • If the name of the company is removed from the register of companies under sec-248 of the Act and if the said company has filed application for revival under sec-252 up to the date of the scheme, the Director’s DIN shall be re-activated only NCLT order of revival subject to the company having filing all overdue documents.

Period of the scheme

The scheme shall come into force with effect from 01.01.2018 and shall remain in force up to 31.03.2018.

Powers of Registrar

The Registrar concerned shall withdraw the prosecution(s) pending if any before the concerned court(s) for all documents filed under the scheme.

This scheme is without prejudice to action under section 167(2) of the Act or civil and criminal liabilities, if any, of such disqualified directors during the period they remained disqualified.

At the conclusion of the scheme the Registrar shall take all necessary actions under the respective Act against the companies who have not availed themselves of this scheme and continue to be in default in filing the overdue documents

The e-Form CODS 2018 would be available from 20.02.2018 or an alternate date, which will be intimated by the ministry .

Disclaimer:

All efforts are made to keep the content of this site correct and up-to-date. But, this site does not make any claim regarding the information provided on its pages as correct and up-to-date. The contents of this site cannot be treated or interpreted as a statement of law. In case, any loss or damage is caused to any person due to his/her treating or interpreting the contents of this site or any part thereof as correct, complete and up-to-date statement of law out of ignorance or otherwise, this site will not be liable in any manner whatsoever for such loss or damage.

The visitors may visit the web site of Government site Like Income Tax Department, Services Tax, Excise, Etc for resolving their doubts or for clarifications.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

CORPORATE AND PROFESSIONAL UPDATE OCT 24, 2016

CORPORATE AND PROFESSIONAL UPDATE OCT 24, 2016

8-Tips-Biz-Name

Direct Tax:-

  • Sum paid to brothers for vacating house held as cost of improvement of house
    Nanubhai Keshavlal Chokshi HUF v. Income-tax Officer, Ward- 6 (2), Ahmedabad
    [2016] 74 taxmann.com 113 (Ahmedabad – Trib.)
  • Discrepancies in docs under penultimate sales would also lead to denial of export exemption
    Commissioner of Commercial Tax v. Shakti Containers[2016] 74 taxmann.com 39 (Gujarat)
  • ITAT denies set-off of speculative loss when assessee misstated that it was connected with brokerage businessCommissioner of Income-tax, Kol-II v. Eureka Stock & Share Broking Services Ltd.[2016] 74 taxmann.com 114 (Calcutta)
  • IT:Notice u/s 148 for reopening assessment by the very same officer who executed the scrutiny assessment and granted exemption U/s 11- It is a case of change of opinion – Notice quashed – Gujarat State Board of School Textbooks Vs ACIT (2016 (10) TMI 775 – Gujarat High Court)
  • Attachment order had be lifted when ITAT deleted all tax demand and revenue didn’t apply for stayShangkalpam Industries (P.) Ltd. v. Income Tax Officer, Company ward VI(1), Chennai
    [2016] 74 taxmann.com 102 (Chennai – Trib.)
  • The Delhi High Court in Pr CIT vs. Samcor Glass Ltdhas warned the department not to harass taxpayers by reopening assessments u/s 147/148 in a mechanical and casual manner. Pr CIT directed to issue instructions to AOs to strictly adhere to the law explained in various decisions and make it mandatory for them to ensure that an order for reopening of an assessment clearly records compliance with each of the legal requirements. AOs also directed to strictly comply with the law laid down in GKN Driveshafts 259 ITR 19 (SC) as regards disposal of objections to reopening assessment.
  • The Karnataka High Court inColumbia Sportswear Company vs. DIT has held that a liaison office of a foreign co which identifies a manufacturer in India, negotiates the price, helps in choosing raw material to be used, ensures compliance with quality and gets material tested is not a ‘permanent establishment’ under Article 5 of India-USA DTAA.
  • CBDT vide Notification No. 95/2016 notified director, vigilance and anti-corruption bureau, Kerala U/s. 138(1)(a)(ii) to whom in public interest disclosure of information respecting assessees can be made by income tax Department.

Indirect Tax:-

  • HC dismisses writ petition, denies assessee cross examination of Chemical Examiner of Central Revenue Control Laboratory who gave sample testing report of imported goods; Person whom assessee seeks to cross examine is an officer / Govt. servant who was discharging statutory duty and therefore, not a witness to the proceedings. [TS-415-HC-2016(MAD)-CUST]
  • HC dismisses writ petitions, refuses to interfere with order of Settlement Commission that directed payment of excise duty liability against removal of leather goods by assessee by indulging in manipulation of records of sister concerns and job-workers to avail SSI exemption. [TS-414-HC-2016(MAD)-EXC]
  • ST:Activity of toll collection on commission basis would not fall under the category of business auxiliary services so as to make the same liable to service tax – service not liable to tax -Prakash Asphal Ting & Toll Highways (India) Ltd. Vs CCE, Jaipur-II (2016 (10) TMI 746 – CESTAT New Delhi)
  • VAT:Taxability of a Car Stereo System – electronic goods falling under Entry 75 or motor vehicle falling under Entry 18 – It cannot be gainsaid that a car stereo does add to the comfort for the use of a motor vehicle – car stereo held as accessory – to be taxed accordingly – Sony India Pvt. Ltd. Vs CIT & Anr. (2016 (10) TMI 720 – Allahabad High Court)
  • Quarterly returns under DVAT Act and CST Act for dealers registered in Delhi for the 2nd quarter of 2016 ended on 30.09.2016 is due to be filed on or before 28.10.2016.
  • Body building of buses on job-work basis should be valued under rule 10A of Excise
    HMM Infra Ltd. v. Commissioner of Central Excise, Panchkula[2016] 74 taxmann.com 86 (SC)
  • Discrepancies in docs under penultimate sales would also lead to denial of export exemption
    Commissioner of Commercial Tax v. Shakti Containers[2016] 74 taxmann.com 39 (Gujarat)

RBI UPDATE :

  • The Reserve Bank of India decided to allow foreign investment up to 100 per cent under the automatic route in ‘other financial services’.
  • RBI issued operational guidelines for sovereign gold bonds 2016-17 series III vide notification No.RBI/ 2016-17/ 99I DMD. CDD.No.894 /14.04.050/2016-17 October 20, 2016.

 

MCA UPDATE :

  • MCA has recently revised Forms CHG-8, AOC-4 and 20-B. Stakeholders are advised to check the latest version before filing.
  • MCA:MGT-07/20B filed but the same has not been taken on records due to non-submission/non-uploading of CD are requested to upload the data in excel sheet by 07th November 2016.

GST UPDATE :

  • Under GST proposed GST Rates. Food items-Exempt, Gold, Silver-4%, Essential items-6%, Luxury items, FMCG, cigarettes-26%+cess, most items-18%, Others-12%.
  • Under GST w.e.f.  8/11/16, existing 80 lac assessees will be able to access their data migrated to GSTN, make necessary corrections & upload relevant documents.
  • GSTCouncil to meet on 3-4 Nov to consent on Rates, Draft Bill, Etc.

Key Dates:

  • Issue of DVAT Certificate for deduction made in the month of September-22/10/2016
  • E-return of DVAT for the quarter ended September(Form 61 and CST-1)-25/10/2016
  • Filling of half yearly service tax return-25/10/2016

Everyone has two eyes. But no one has the same view. So always try to prove that you are right but never attempt to prove that others are wrong.

The kite gives us a nice & wonderful message. Fly high & high. But stay connected to the ground to our roots or else you will be lost.

We look forward for your valuable comments. www.carajput.com

FOR FURTHER QUERIES CONTACT US: W: www.carajput.com  E: info@carajput.com T: 011-233-4-3333, 9-555-555-480

Disclaimer:
All efforts are made to keep the content of this site correct and up-to-date. But, this site does not make any claim regarding the information provided on its pages as correct and up-to-date. The contents of this site cannot be treated or interpreted as a statement of law. In case, any loss or damage is caused to any person due to his/her treating or interpreting the contents of this site or any part thereof as correct, complete and up-to-date statement of law out of ignorance or otherwise, this site will not be liable in any manner whatsoever for such loss or damage Continue reading

Facebooktwittergoogle_plusredditpinterestlinkedinmail

RETURNS UNDER GOODS & SERVICES TAX :

RETURNS UNDER GST : EIGHT FORMS: GSTR-1 TO GSTR-8

Image result for rETURN UNDER gst

 GSTR-1

(Sales Register)

  • This is a sales register of goods and services
  • we can enter the details of sales and services there.
  • For each transaction it is important to classify the goods or services with his SAC or HSN code.
  • (Later on we will discuss abt SAC or HSN CODE)

 

 GSTR- 2

(Purchase Register)

  • This is a purchase register. Here we can enter the data of both purchase of service and goods.
  • In GSTR-2 the data of the goods purchase from register dealer including debit/credit note will automatically populated there as the respective dealers upload there sales register on due date. Due to this we can match our purchases against the sales register and the impact of this in current scenario where tax credit mismatch is hard to match and a time taking process, in GST there we will check our data as per seller return so mismatch issues will be solve easily
  • As well as here we will amend our purchase bill too as we received in earlier periods
  • Here a separate details information will be required for input service distributors
  • Due date of filling the return is 15th of the next month. But we can upload our data on daily, fortnight, weekly too. Soon the last date of return filing the workload should be lesser than before

 

GSTR-3

(Monthly Return Form)

  • In this GST return form maximum data of this return is auto populated from purchase and sales registers.  Only adjustment entries and challan information will enter after these entries
  • Here cash ledger (tax deposit in cash and TDS/ TCS) will made separately for CGST, SGST and IGST
  • Basically its looks like PLA register of Excise and Service tax

 

 GSTR-4

(Quarterly return for compounding dealers)

  • For those compounding dealers  assesses whose turnover is less than Rs. 50 lacs and there is no interstate transaction )
  • File return on and before 18th of the month after the quarter
  • In this return, data will be automatically populated after filing of GSTR-1

 GSTR-5

(Return file by the Non-Resident)

  • This will be a monthly return filed by the non –resident within 18th day after end of the month and within the 7 days after expiry of registration ( plz refer registration rule or will be shared with u later on)
  • In this return HSN/SAC code should be mention because these are classify the transaction as a sales and purchase of goods and services

  GSTR-6

(Return for Input Service Distributor)

  • This return will be filed by the Input Service Distributors within 15 days after end of the month
  • In this return form input service distribution ledger will be maintained. In this ledger credit of CGST, SGST, IGST  will maintain separately of each tax amount

GSTR-7

(TDS Return)

  • Tax deductor will be liable to file this TDS return within the 10 days after end of the month
  • This return form is almost similar to TDS return of income tax (26Q/24Q etc) as in this return deductee information and transaction information is mention with the related challan in which the TDS amount is paid to department

 GSTR-8

(Annual Return)

  • This return form will be filed on or before 31st December of the next financial year
  • In this return the total annual returns information will be matched by the department with the monthly /quarterly return filled by the assesse
  • In this return auditors information will submitted
  • In this return all the transaction will bifurcated within goods and services. This bifurcation should be match with the HSN/SAC code given by the assessee in his monthly/ quarterly return

We look forward for your valuable comments. www.caindelhiindia.com

FOR FURTHER QUERIES CONTACT US:

W: www.carajput.com            E: info@carajput.com            T:011-233-4-3333 , 9-555-555-480

Facebooktwittergoogle_plusredditpinterestlinkedinmail

GST RATE IN COUNTRIES

ABOUT GST RATE IN DIFFERENT COUNTRIES:

Are-you-ready-for-GST-in-Malaysia-2The combined GST rate is being discussed by government. The rate is expected around 18% to 22%. After the Total GST Rate is arrived at, the States and the Centre will decide on the CGST and SGST rates.

GST Rates on Goods & Services  – to be based on Revenue Neutral Rate (RNR) There will be Four rates:

Merit rate for essential goods and services,

Standard rate for goods and services in general,

Special rate for precious metals, &

NIL rate

Current Rate of GST in some other countries are :

🏻Australia 10%,

🏻France 19.60%,

🏻Canada 5%,

🏻Germany 19%,

🏻Japan 8%,

🏻Singapore 7%,

🏻Sweden 25%,

🏻New Zealand 15% &

🏻Pakistan17%

We look forward for your valuable comments. www.caindelhiindia.com

FOR FURTHER QUERIES CONTACT US:

W: www.carajput.com            E: info@carajput.com            T:011-233-4-3333 , 9-555-555-480

Facebooktwittergoogle_plusredditpinterestlinkedinmail

CORPORATE AND PROFESSIONAL UPDATE AUG 11, 2016

Professional Update For the Day:

1

DIRECT TAX:

  • Gujarat High Court held thatTDS u/s 194LA – The buildings do not form part of the agricultural lands or at any rate have not been shown to be in the nature of small farm houses or go downs for agricultural operations. The Tribunal therefore, committed an error in reversing the orders of the revenue authorities with respect to the applicability of section 194LA qua the compensation for the buildings –[Gujarat High Court in case of [CIT (TDS) Vs. Special Land Acquisition Officer]
  • Roads and boundaries, railway sidings, jetty pire, bouys, mooring and navigation structure can be considered as plant and machinery for the purpose of granting of depreciation under Sec. 32– [Gujarat High Court in case of [CIT Vs. Kandla Port Trust] ]

INDIRECT TAX:

  • CESTAT grants exemption benefit under Notification No. 21/2002-Cus on import of heavy duty crane cum pipe laying ship, notes that said Notification exempts goods required in connection with petroleum operations undertaken under petroleum exploration licenses or mining leases, as granted by the Govt. of India to ONGC or OIL on nomination basis[TS-305-CESTAT-2016-CUST]
  • CESTAT sets aside order which rejected service tax exemption under Notification 4/2004-ST to assessee for logistic services rendered to SEZ unit on the ground that services were not consumed within the Zone [TS-300-CESTAT-2016-ST]

COMPANY LAW:

MCA Update: Amendment in Incorporation Rules dated 27.07.2016. Ministry of Corporate Affairs has issued a notification dated 27th July, 2016 to amend Companies (Incorporation) Rules, 2016. Following are the major amendments mentioned in the Notification:

  1. Subscription Sheet of Incorporation: Now, the type written or printed particulars of the subscribers and witnesses shall be allowed as if it is written by the subscriber and witness so long as they appends his or her signature or thumb impression.
  2. Proofs of Subscribers* : In case the subscriber is already holding a valid DIN, and theparticulars provided therein have been updated as on the date of application, and the declaration to this effect is given in the application, the proof of identity and residence need not be attached.
  1. Form INC-10 is omitted.: Now, no need to attach Form INC-10 in Incorporation application.
  2. Publication of name by Company: Every company which has a website for conducting online business or otherwise, shall disclose/publish its name, address of its registered office, CIN, etc. on the landing/home page of the said website.
  3. Shifting of RO from One state to another:
  4. NOC from RBI to be attached with Form INC-23, in case Company is registered NBFC.
  5. In case of Listed Company, now no need to serve notice alongwith copy of application to SEBI.

Copy of notification can be accessed at below link:

http://www.mca.gov.in/Ministry/pdf/CompaniesThridAmendementRules_28072016.pdf

OTHER UPDATE  –

FDI IN NBFCS

  • Yesterday, the Cabinet approved liberalization of foreign investment norms for the non-banking finance companies (NBFCs), in yet another measure aimed at improving the ease of doing business.
  • At present, only investments in 18 specified NBFC activities are permitted under the automatic route.
  • Foreign investment (FDI) in all NBFC activities can now come under the automatic route provided they are regulated by any of the financial sector regulators.
  • Entities not regulated by any of the regulators will need approval from the Foreign Investment Promotion Board (FIPB).
  • The Cabinet also did away with minimum capital requirements, saying that such requirements are already imposed by regulators.

Key Dates:

  • Extension to 29.10.2016, of Last Date of filing of e-forms AOC-4 , AOC-4 XBRL, AOC-4 (CFS), & MGT-7. Circular No.08/2016 Dated 29.07.2016.
  • Public Servants Annual Assets Liabilities Return Filing due date extended to 31.12.2016
  • 15-08-16 is the last date for Issue of TDS certificates in form 16A for quarter ended 30-6-16 by all deductors.
  • Be honest when in trouble, be simple when in wealth, be polite when in authority and be silent when in anger.
  • “People Reach great heights in life only if they have great depth. The tallest building has the strongest foundation.”
  • Don’t find fault, find a remedy.     -Henry Ford

We look forward for your valuable comments. www.carajput.com

FOR  FURTHER  QUERIES  CONTACT US:

W: www.carajput.com  E: info@carajput.com    T:011-233-4-33333,  M: 9-555-555-480 Continue reading

Facebooktwittergoogle_plusredditpinterestlinkedinmail

CORPORATE AND PROFESSIONAL UPDATE Aug 10, 2016

Professional Update For the Day:

Untitled5

DIRECT TAX:

  • Gujarat High Court allows  Interest u/s 244A on principal claim of refund of tax – AO has not made out the case of delay in refund for any period attributable to the assessee disentitling for interest – officer has no escape from granting interest to the assessee in terms of section 244A(1)(a) of the Act .     [ Gujarat High Court in case of [Ajanta Manufacturing Limited Vs. DCIT]
  • Delhi High Court in the below citied case held that Section 80IA(2A): As the words “derived from” are absent, there is no requirement to prove “first degree nexus” of the receipts with the eligible business. All receipts of the undertaking are eligible for 100% deduction. (Pr. CIT vs. Bharat Sanchar Nigam Ltd (Delhi High Court)

Indirect Tax:

  • CESTAT NEW DELHI Held that – Central Excise Cenvat credit – availability – duty paid on various iron and steel items used for fabrication of capital goods – Held that – the issue stand covered by the recent decision of Hon ble High Court of Gujarat in the case of Mundra Ports & Special Economic Zone Ltd. vs. CCE & Cus 2015 (5) TMI 663 – GUJARAT HIGH COURT and by the precedent decision of same assessees case. Therefore, in any case, even if the said items are held to be used as supporting structures, the cenvat credit cannot be denied. (Commissioner of Central Excise Versus M/s. Monnet Ispat & Energy Ltd. – 2016 (8) TMI 349 – CESTAT NEW DELHI)

FAQ on Company Law:

  • Query:   We have a query regarding the regularization of Additional director in a Private Limited Company. We want to change designation of a person from additional director to Director Are we required to re appoint him as the  Director in the Annual General Meeting of the Company as he is suppose to retire in the ensuing Annual General Meeting or else. Please advise us that how can we change his designation from additional director to Director?

Answer:  You shall have to convene an Extra ordinary General meeting of the Company or you may regularize him in the ensuing Annual General Meeting also, for the purpose. Thereafter, you need to file Form DIR-12 and purpose selected should be “Change in Designation” and attach the copy of Resolution passed in the General Meeting of the Company with the Form.

OTHER UPDATE :

  • Co-operative bank is also a banking company; not liable to pay tax on NPA interest on accrual basis Principal Commissioner of Income-tax-5 v. Shri Mahila Sewa Sahakari Bank Ltd. [2016] 72 taxmann.com 117 (Gujarat)
  • Provision made by insurer for IBNR claims held as ascertained liability as it was made on basis of scientific method Deputy Commissioner of Income-tax, Circle-6, Kolkata v. National Insurance Co. Ltd. [2016] 72 taxmann.com 116 (Kolkata – Trib.)
Key Dates:
 ·         Extension to 29.10.2016, of Last Date of filing of e-forms AOC-4 , AOC-4 XBRL, AOC-4 (CFS), & MGT-7. Circular No.08/2016 Dated 29.07.2016.
·         Public Servants Annual Assets Liabilities Return Filing due date extended to 31.12.2016
·         15-08-16 is the last date for Issue of TDS certificates in form 16A for quarter ended 30-6-16 by all deductors.
·         Excise return in form ER-1 for NON SSI assessee for the month of July: 10/08/2016
·         Return by EOU in the ER-2 form for the month of July-10/08/2016
 Angry people are not always wise.           -Jane Austen
The road to success and the road to failure are almost exactly the same.

We look forward for your valuable comments. www.carajput.com

FOR  FURTHER  QUERIES  CONTACT US:

W: www.carajput.com                   E: info@carajput.com                   T:011-233-4-33333 ,  9-555-555-480 Continue reading

Facebooktwittergoogle_plusredditpinterestlinkedinmail

THE GST BILL ADOPTED BY THE RAJYA SABHA & LOKE SABHA

THE GST BILL ADOPTED BY THE RAJYA SABHA & LOKE SABHA

 Capture

KEEPING GST RATE FIXED AT 18% AND BRINGING GST AS A FINANCIAL BILL AND NOT MONEY BILLS,

After a long period of histrionics and haggling, the Goods and Services tax(GST) bill was finally passed in the Rajya Sabha & Loke Sabha by amending the constitution which can be considered as a historic day in the Rajya Sabha and leter on in Loke Sabha. This would pave the way for the “one country, one tax” concept.

With all the parties pledging support except for the AIADMK, the Rajya Sabha has passed GST which is a constitutional amendment by taking in two thirds of majority. The amendments kept forward by the finance minister, Mr. Arun Jaitley were also taken into consideration. The bill shall now be sent back to the lower house for its approval.

This constitutional amendment of GST shall now enable both central and the state governments to levy the GST simultaneously,which shall subsume all the indirect taxes which are currently levied inclusive of service tax and excise duties. Rather than on production, it will now be levied on the basis of consumption.

The GST Bill amendments adopted by the Rajya Sabha last week were unanimously passed by the Lok Sabha on Monday 10 Aug 2016.

Two important components:

The GST will include 2 components in reference to the federal structure of our country: the State GST(SGST) and the Central GST(CGST).

The shift from various indirect taxes to the GST Regime will now lead to a seamless and a uniform market across India. GST will boost (increase) growth rates,check evasion and will bring into force a uniform rate said the Finance Minister Mr. Arun Jaitley while he initiated the debate.

Mr. Chidambaram, the lead speaker of the Congress party made it very clear that main opposition party shall support long pending GST Bill on the condition that the government would give an assurance on 2 important things: Keeping the GST rate fixed at 18% in the ongoing subsequent legislation for roll-out of GST and bringing GST as a financial bill and not money bills, to which the Rajya Sabha will vote on and not just discuss.

We look forward for your valuable comments. www.carajput.com

FOR  FURTHER  QUERIES  CONTACT US:

W: www.carajput.com       E: info@carajput.com     T:011-233-4-33333,   M: 9-555-555-480

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Impact of GST on Real Estate Industries of INDIA

What is the impact of GST on real estate industries of INDIA?

gstThe introduction of GST would enhance attractions of other countries towards India as the investment destination through encouraging easier operations and higher transparency especially in property deals. In short term basis, the warehousing segment and industrial property shall be the most beneficial sectors of GST Adoption. However nothing can be firmly said if adoption of GST system will definitely bring the prices down in residential and commercial segments as sales of immovable property on which stamp duty continues to apply is outside the ambit of GST.

POSITIVE- IMPACT OF GST ON WAREHOUSING AND INDUSTRIAL PROPERTY

As said earlier, in short run, the warehousing and industrial property sector shall be the prime beneficiary of Adoption of GST. The decision of establishing a warehouse shall no longer be on the base of tax arbitrage. It will be based on achievement of solving the optimal logistics. This will reduce the number of octroi checkpoints leading to considerable reduction in transportation time. Further, the Logistics companies shall look forward to establish large warehouses located on transit corridors.

We can therefore see the development of spoke and hub system in the warehousing, the spokes being on feeder lines and hubs on the transit corridors. We thus are expecting the nation to become a massive large market by cost of products being brought down. Further, the recent Modi government initiatives like 100% FDI in e-commerce sector and “Make in India” shall also boost the warehousing and manufacturing sector. Various international players like E-bay and Amazon have entered Indian markets already and have started to occupy large spaces in warehouses to gain their share in the E-commerce industry.

Neutral- Impact of GST on commercial property

Commercial leasing makes up for the larger portion of commercial property business in our country. Currently, commercial property leasing is considered as a service under finance act,1994 and is thus is taxed as per service tax. The service tax being applicable at 15%. After the introduction of GST, it is assumed that this treatment shall remain unchanged and commercial property leasing will be subject to GST. The negative or the positive impact is primarily dependable on the GST rate which is applicable. Moreover, adding to this is the ambiguity about availability of GST tax credit which is paid on the procurement of services and goods during the phase of construction.

Neutral- Impact of GST on residential property

The impact of GST on the residential property sectors cannot be decided precisely as it is too early to comment. We have briefly analysed the effects of GST on 3 types of transactions of residential property, being, residential property leasing, sale of property which is under construction and sale of immovable property which is completed:

  1. Residential property leasing is currently not subject to service tax. This treatment is more likely to remain unchanged under GST Regime too.
  2. Sale of property which is under construction shall be covered under GST Regime. However, in present times it looks like there wouldn’t be much difference besides the fact being all forms of indirect taxes shall be clubbed under one single heading. Some benefit can be expected only if GST tax credit will be made available for developers for GST paid on services and goods.
  3. The sale of immovable property which is completed will in no way be impacted by GST as these transactions are outside the ambit of GST. On these transactions, stamp duty shall be made payable.

To conclude it, we can expect the GST to increase(boost) the overall demand on real estate, especially on warehousing and industrial sector, due to impact on economy being positive overall. From the perspective of cost, more precision is required on various transactions on the applicability of GST tax credits. The developers must be able to get overall credit for various taxes paid on inputs if proper application of mechanism of credit utilisation is made. This will eventually lead to reduce the overall cost.

We look forward for your valuable comments. www.carajput.com

FOR  FURTHER  QUERIES  CONTACT US:

W: www.carajput.com       E: info@carajput.com     T:011-233-4-33333,   M: 9-555-555-480

Facebooktwittergoogle_plusredditpinterestlinkedinmail