Why Virtual Office is an essential address for small Indian firms.

Why Virtual Office Address is essential to Indian small businesses.

www.carajput.com;Virtual Office

www.carajput.com; Virtual Office

Business prospects have plenty of needs and requirements and most company owners look forward to some of the new technologies that are available ahead to assist them in the company of scale. There are tons of ways in which new business owners are trying to implement to make sure they are ready to develop their business quickly. The saddest reality is, the idea of a virtual office address is not known to a lot of businesses, especially to small companies.

Virtual Office Address for Business Registration

Most are not aware that having a virtual office address can have an immense effect on their business and can help them hit a speed not connected to the conventional environment of their offices.

What is the address of the virtual office?

The aim is to get a legislator answer in a room when you are not running an efficient office when you take up a virtual job. To make it simpler, without running an office there, you will have the place’s address.

Tons of confusion emerges in the mind when the idea of virtual offices is stated. The idea is basic, all you have to learn is that virtual offices almost seem to have an address. The only difference is that you would actually just have an address and not an actual physical location. This means that you actually don’t have to have a real office, you’re just going to have a main place address and buy a website. It’ll help you save tons of the investment in the capital you simply allocated for equivalent with this virtual office idea.

Today, if you’re a small company, you have to consider a lot of things, like the use of virtual offices. Several benefits, particularly for small businesses, relate to having a virtual office. The following advantages will confirm that while running the company at its best, you will expand your business in a very fast phase in the short term.

Values for small businesses in India Virtual Office address

The benefits that you can actually reap as a small business will be a significant factor in the overall success of your business model, which also demonstrates that methods of your company scaling can be much quicker than traditional routes. The main advantage you’re going to have is that the savings you receive from a virtual office address in India.

www.carajput.com;GST Virtual Office

www.carajput.com; GST Virtual Office

Economical Virtual Office Address Services for GST Registration

Savings of the capital

There are countless things you just have to confirm before you start a business and one of the first goals is to have enough money to spend when your company has a dry spell. This suggests that each process you do with your company must be cost-effective, and often it’s important especially for a replacement company.

You will save 70% of your investment with a virtual office because the bulk of your money is not invested in operating an actual office. This rise in savings in your investments will help you broaden your business strategies and also help you do a lot of complex work on other investments.

Huge presence to Small Business

We all know how important the presence of your business is as a little business owner. More and more scope you have the business, the more ready you are to build a client database. You are ready to develop your products on the path in no time by increasing the customer base and, in no time, your products will have huge market demand, so long as the product or the service you provide is of good quality. 

Adding a knowledgeable outlook

Hundreds of factors contribute to the professional identity of a small company, but the bulk of the effort comes from a place of company. This gives your company enormous credibility. A key position specifically means that all leading specialist businesses are situated in prime locations and that you have a high level of services. You have met the need to create an expert face for your company with a virtual office address at a prime location.

www.carajput.com; Virtual Office

www.carajput.com; Virtual Office

Prime Virtual Office Address at Cheapest Prices

Attracting more business opportunities

When you have been figured out that your company will improve drastically and in no time if your services are equally successful, you will face tremendous demand. Your enterprise will draw more business opportunities than ever, as an organization with an honest reputation in an excellent location.

Access to items from the virtual office services at the workplace.

Different facilities like email, training rooms, conference rooms, etc. can also be accessed at extra cost with a virtual office in India. This means that you are going to do business efficiently within a short time and that massive business investment will also take place within a short period.

You simply have to try and locate a virtual office provider such as www.carajput.com and make a reservation right away. By contacting us on www.carajput.com you will always book a virtual office and ensure a reservation now!

If you’ve got any questions please visit the website and contact our skilled support team for a detailed look.

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

GST newest Notifications: summary of CBIC GST Extension Notifications dated 24 June 2020

GST latest Notifications: Analysis of CBIC Notifications on GST extensions dated 24 June 2020

www.carajput.com;GST 40th Council meeting

www.carajput.com; GST 40th Council meeting

Today, CBIC issued various notifications to implement the recommendations of the 40th GST Council meeting as follows: CBIC Notifications signed on 24.06.2020 regarding interest waiver and late fees. On 24 June 2020, the CBIC released multiple notifications of GST. The synopsis of those updates is here.

Notice No. 49/2020 – Central Tax: Implementing some aspects of the Finance Act, 2020

Notification No. 50/2020 – Central Tax: Notification of GST rates for individuals taxable in composition under Rule 7 of the CGST Rules

GSTR-3B-Interest rate waiver: Notification No.51/2020-Central Tax 24.06.2020: To put certain provisions of the Finance Act into force, 2020.

Notification No. 52/2020 – Central Tax: GST waiver for taxpayers who’ve not filed GSTR-3B for tax dates between July 2017 and January 2020 shall be informed as stated earlier at the 40th meeting of the GST Council. In CGST Notification No. 52/2020 dated 24 June 2020, the CBIC notified that between 1 July 2020 and 30 September 2020, Zero GSTR-3B could be filed without a late fee for the above duration. Furthermore, it shall be limited to a maximum of Rs 250 per return per month per act for the remaining taxpayers.

A late fee exemption also moved the last GSTR-1 deadlines from March to June 2020 as of June 30th, 2020. The latest timelines for monthly filing without even a late fee charge will be from March to June 2020, 10th, 24th, 28th July 2020, and 5th August 2020 respectively. The last date for the GSTR-1 quarterly is 17th July and 3rd August 2020 for the quarters January-March 2020 and April-June 2020.

Big taxpayers have not been informed of further extensions for filing GSTR-3B from February to May 2020, with an annual turnover of more than Rs 5 Crore in the previous financial year. Furthermore, no interest should have been paid from the respective due dates of February to April 2020, i.e. 20th of the following month, for the first 15 days respectively. After that, interest at a 9 percent p.a. reduced rate. Any further delay in GST payments would have been imposed till 24 June 2020.

www.carajput.com;GST 40th Council meeting

www.carajput.com; GST 40th Council meeting

Initially, taxpayers with an aggregate annual turnover of up to Rs 5 crore in the last financial year have their due date staggered as 22nd # or 24th # of their next month, depending on the state / UT from which they run their main place of business. For the exception of May 2020, its due date staggered as July 12th # or 14th # # 2020. Furthermore, in the exception, August 2020 also comes with yesterday’s due date extended to 1st # or 3rd # # October 2020.

The CBIC has abolished the taxpayer bifurcation based on the annual sales up to Rs 1.5 crore or between Rs 1.5 crore and Rs 5 crore. Correctly, as per yesterday’s 40th meeting of the GST Council, the late fee and the interest waiver will continue until September 2020

GSTR-1-Late Fees / Penalty Waiver: Notification No.53/2020-Central Tax 24.06.2020: Conditional waiver of late fees for all GSTR 1 registered persons for months/quarters ending March to June 2020, if submitted by the time set.

www.carajput.com;GST 40th Council meeting

www.carajput.com; GST 40th Council meeting

GSTR-3B-Extension of the deadline for Aug 2020: Notification No.54/2020-Central Tax 24.06.2020: extension of the deadline for submission of GSTR 3B to 1/3 October 2020

 

www.carajput.com;GST Relief to small business

www.carajput.com; GST Relief to small business

Summary of Important Due date of July and Aug 2020

Thanks

Rajput Jain & Associates

www.carajput.com

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

Govt has extended numerous time limits under Direct Tax & Benami Act

Govt has extended numerous time limits under The Direct Tax & Benami Acts.

www.carajput.com;INCOME TAX extend time limit

www.carajput.com; INCOME TAX extend the time limit

In consideration of the difficulties faced by taxpayers in fulfilling the legislative and regulatory enforcement requirements across sectors as a result of the outbreak of Novel Corona Virus (COVID-19), on 31 March 2020 the Government adopted the Taxation and Other Laws (Relaxation of Some Provisions) Ordinance, 2020 [the Ordinance], which expanded different time limits, among other items.

In order to provide some relief to taxpayers for creating multiple compliances, on June 24, 2020, the Government issued a Notification, the main features of which are as continues to follow:

www.carajput.com;INCOME TAX extend time limit

www.carajput.com; INCOME TAX extend time limit

the Government issued a Notification, are as follows:  Link

For the period from 14 May 2020 to 31 March 2021, the Finance Minister has already released a decreased TDS rate for specified non-salaried payments to residents and specified TCS rates by 25 percent. The press release dated 13th May 2020, also followed the announcement. In this regard, the appropriate legislative amendments shall be moved in due time.

Thanks

Rajput Jain & Associates

www.carajput.com

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

Whirlpool convicted & imposed a penalty of Rs 4.07 lakh by NAA for denying customers the benefit of the GST rate reduction.

Whirlpool convicted in accordance with Rs. 4,07,451/- of profiteering by the National Anti Profiteering Authority on its fridges

www.carajput.com; GST

www.carajput.com; GST

NAA discovered the long-term consumer corporation Whirlpool of India convicted of not having to pass on a GST rate reduction advantage of more than Rs 4.07 lakh to its refrigerator purchasers. Kerala State Screening Committee Anti-Profiteering (NAA) vs. Whirlpool India Ltd.

The concise details of the matter are that the petitioner had made reference a case against Whirlpool to the Standing Committee on Anti-Profit-making alleging profiteering on the supply of fridge Whirlpool (HSN code 84182100), by not passing on the benefit of reducing tax rate w. e. f. 1 July 2017 Pursuant to Section 171 of the CGST Act, 2017, by way of a substantial price decrease.

Few justifications by the defendant and the authority to reply

The plaintiff contended that the rise in prices could not be created because of other commercial factors, which had the impact of placing unlawful restraint on his fundamental right and was consequently in accordance with Article 19(1)(g) of the Indian Constitution.

In this relation, it would also be important to state that section 171(1) requires only the participant to pass on the advantage of the reduction in taxes to the purchasers and does not require him to set his prices in accordance with any authority direction. The above profit was provided by the government to ordinary buyers by sacrificing their valuable tax revenue which the respondent can not be permitted to misappropriate and enrich themselves at the detriment of unorganized, voiceless, and vulnerable common buyers. The respondent is free to exercise his right to trade and set prices, but under the pretext that it infringes his right to trade, he can not deny the above benefit.

The defendant also argued that the product’s manufacturing cost (BOM) had experienced a rise since August 2016 due to a rise in the cost of raw materials which had been computerized to come at the MAP at the end of each and every month.

In this relation, it would also be necessary to note that on the very date from which the tax rate was reduced, there was no reason for the respondent to increase its basic price. There is also no justification for ascertaining why the respondent had not raised its price every month during the period from August 2016 to June 2017 when he computed the MAP every month.

The representative also claimed that there had been an increase in the total freight cost in 2017 compared to Rs. 29 per unit in 2016, which was expected to be added to the price.

As mentioned above, the defendant had no reason to raise its price on the occasion of the reduction in taxes, and thus the respondent’s argument is frivolous and not bonafide, which was made with an ulterior purpose for the betterment of the tax cut.

Held by Authority: on the grounds of the details of the matter, the amount profited by Whirlpool shall be determined as Rs. 4,07,451/-. The Respondent is instructed to lower the price with the above-mentioned product and also to deposit the benefited amount together with interest at 18 percent. A notice of cause shall be issued to him to illustrate why the punishment under the GST Act should not be enforced on him.

Prosecution under GST are as under 

 

www.carajput.com;GST Prosecution

www.carajput.com; GST Prosecution

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

An emerging threat to small Enterprises (MSMEs)

An emerging threat to small Enterprises (MSMEs)

www.carajput.com; MSME

www.carajput.com; MSME

Micro, small and medium-sized enterprises ( MSMEs) face an identity threat due to economic recession in the financial year (FY) 2021 in the midst of the Covid-19 pandemic.

-India was moving towards a 15-percent decline in revenue and a 25-percent decrease in earnings before interest, taxes. fortunately, for smaller firms, revenue will also fall by 17-21 percent, while the EBITDA margin would fall by 200-300 basis points ( bps) to 4-5 percent, with weak demand away from lower commodity prices.

-The downward trend at the operational level will also have an impact on creditworthiness. In the meantime, the average interest rate coverage ratio could fall to 1-1.5 times the 2.4-fold between the 2017 and 2020 fiscal years, “the study said.

As a summary to this issue, a three-pronged strategy is now crucial

-Improve job satisfaction with formal and informal employees to confident decisions.

-Speed up the execution of the Rs 3-Lakh Crore Aatmanirbhar scheme to ensure the continuous supply of liquidity to small and medium-sized enterprises.

-Lenders must go further than traditional credit processes because they have a key role to play in recovering.

What is MSME 

www.carajput.com;MSME

www.carajput.com; MSME

 Category of Micro/Small/Medium Enterprises – Type of Enterprises Micro-Enterprise Small Enterprise Medium Enterprise
Manufacturing OR Services Sector, Both Investment up to ₹ 1 Cr AND Turnover up to ₹ 5 Cr Investment up to ₹ 10 Cr AND Turnover up to ₹ 50 Cr Investment up to ₹ 50 Cr AND Turnover up to ₹ 250 Cr

Documents for Udyam Registration MSME –

www.carajput.com;MSME Registration

www.carajput.com; MSME Registration

  • Adhaar Card – of the prop. (in case of the prop.)
  • Of Managing Director/Partner(in case of company/partnership firm)
  • Must be linked with mobile no. and pan.
  • GSTIN and Pan Card.(RC copy of GST no.)
  • Annual Turnover as per Income Tax and GST.
  • Plant and Machinery details as per Income Tax Return.
  • Self-declared if Income Tax Return not filed.
  • Date of Incorporation of business (RC copy of company)
  • Income Tax Return Copy with the Balance sheet and Profit and Loss.
  • Email id/ Mobile No.

Benefits of Udyam Registration MSME

– Collateral Free Borrowings

– Subsidized Loan from banks with a low-interest rate

– Participate in the International Trade Fairs

– Benefits from Central Government Schemes

– Preference in the Government Tenders

– Get Subsidy on the Patent Registration

– Protection against delayed payment

– Get Subsidy on Trademark Registration

– Concession in electricity bills

– Easy to get licenses, approvals, and registrations

– Reimbursement of Foreign Exhibition Charges

Regards

Rajput Jain & Associates

www.carajput.com

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

Essential key concepts Gift Taxation: Income Tax

Essential Key concepts Taxation on gifts

www.carajput.com; Income Tax (Gift taxation)

www.carajput.com; Income Tax (Gift taxation)

Gifts up to Rs 50,000 per year are exempt from tax in India. In addition, donations from particular relatives, such as parents, spouses, and siblings, are also exempt from tax. Gifts are taxable in other cases. The gift tax in India falls under the Income Tax Act as there is no specific gift tax after the Gift Tax Act of 1958 was enacted in 1998.

In India, gifts are given on a number of occasions, such as celebrations such as Diwali, Holi, or the occasion of marriage, to express love for our loved ones. Nevertheless, gifts are now also used for tax planning reasons as, in multiple given to a specific, any amount of gifts received is exempt from tax. Some people whose gifts they got in their ITR claim that they’re still gifts obtained out of love and affection.

Even so, it’s not the right way, since donations are tax-exempt only in such specific circumstances or where they are obtained by particular persons. Non-disclosure of gifts could result in penalties of between 50 and 200 percent of the tax payable on the income attempted to be avoided.

  1. Gifts received from the employer

There are occasions when employers give the employee a present on a special occasion or to boost their productivity, or because they do well. An employee shall be liable for gifts received from the employer only if the value of such gift is equal to or greater than Rs. 5,000. Gifts below Rs. 5,000 in value within the financial year shall be excluded from vat. These gifts shall be taxable as perquisites under the Head of Salary Income.

  1. Gifts received from any other person;

Section 56(2)x) of the Income Tax Act, 1961 deals with the taxability of gifts received by a person, except the employer, throughout the year. This provision shall apply regardless of the status of the resident or of the class of assessee. The donor or donor can be an individual, a partnership business, LLP, a corporation, AOP, BOI, a cooperative society, or an artificial legal body, whether resident or non-resident.

Previous gifts from a resident to a non-resident are, even then, claimed to be non-taxable in India as the recipient used to claim that income does not accrue or arise in India. In order to make sure that the receipt of gifts is also taxed in the hands of non-residents, Section 9 has been amended by the Finance Act (No. 2), 2019, to provide that income is considered to have accrued or to have arisen in India as a result of the payment of gifts (exceeding Rs. 50,000) without adequate consideration by a resident to a non-resident. It does not provide proof of the taxability of the gift of the estate as referred to in Section 56(2)(x), inter-alias, immovable property, gold, securities, etc.

Therefore, after the amendment, it may be inferred that gifts in the nature of money in the hands of non-residents provided by resident persons would be paid in their hands, even though gifts of any other manner are also beyond the control of the Income Tax Act.

2.1. Gifts received in cash form

Where even a person receives any amount of money without consideration and the total value of that sum exceeds Rs. 50,000, the total aggregate value of that sum shall be taxed on the basis of capital income from other sources. For the determination of the threshold, the aggregate amount of receipt from different sources and persons throughout the year shall be considered.

2.2. Gifts obtained in the form of real estate

Immovable property received by the assessee for the year, either without consideration or for lack of consideration, shall be deemed to have been income in his hands and to have been taxable in that year if the receipt is within a period of time.

  • If the immovable property is received without consideration as well as the stamp duty value of the property reaches Rs. 50,000, the stamp duty value of the immovable property shall be liable to tax.
  • If an immovable property is obtained for payment far less than the stamp duty value, the discrepancy between the stamp duty value and the compensation shall be taxable if the difference meets the above two limits: Rs . 50,000; or 10% of the consideration

For all cases, the cap of Rs. 50,000 shall be reviewed for each transaction and not for all transactions as a whole.

2.3. Gifts received in the form of Movable Goods

Movable property as described in the Act shall include any property in the form of shares and stocks, jewels, historical artifacts, sketches, portraits, sculptures, any work of art, or bullion. In which the transaction includes any other movable property, such as car furniture, the excess consideration for the fair market value shall not be taxed. In this case, the deemed income shall be calculated as follows given way :

If any property is obtained without regard and the total fair market value of it reaches Rs. 50,000, the entire fair market value of such property shall be paid.

3. Gifts Exempt

I Upon the occurrence of a specified incident
  • On the occasion of marriage of an individual
  • By will or by means of inheritance
  • Considering the death of the payer or of the donor.
II Due to the status of the Doner
  • The gift is to be accepted from any specified relative;
  • Gifts obtained by any local authority;
  • Gifts earned from any fund or foundation or university or other educational institution or hospital or medical institution or from any trust or institution referred to in Section 10(23C);
  • Gift received from any trust or institution registered under section 12A/12AA/12AB[2];
  • Gift obtained by an person from a trust formed or established exclusively for the benefit of the relative of the recipient.
III. Owing to the position of the Donee
  • Gifts shall be handled by any trust or institution registered under section 12A/12AA/12AB2;
  • a certain fund or trust or institution, or any university or other educational institution, or any hospital or medical institution referred to in Section 10(23C)(iv)/(v)/(vi)/(via).
IV Due to transactions not considered to be a transfer
  • Any distribution of capital assets to the full or partial division of the HUF[Section 47(i)]
  • the transfer of capital assets by an Indian parent company to its subsidiary company;
  • Transfer of a capital asset to a merger, demerger or company reorganization scheme such that the requirements laid down in Section 47(vi) to Section 47(vii) are fulfilled.
V Other class of persons who have been notified
  • Immovable property acquired by a citizen of an illegitimate colony in the NCT of Delhi, pursuant to the requirement that such transaction must be regularized by the Central Government on the basis of the most current power of attorney, the selling document, the will, etc.
  1. The first and only manner to save the tax via a gift

The alternative tax can be saved is by offering gifts to your parents or legitimate guardians or to a kid who is a major. Nonetheless, when you contribute the sum, your taxable income stays the same. However, the interest they earn from other products by continuing to invest these funds becomes their own income. So, presuming that their income is lower, you can rest in peace knowing that the money is not going to be taxed.

Previously, so when long-term capital gains (LTCG) tax was effective, gift money can also be invested in a mutual fund or stock for 1 year and used as tax-free income. However, it is not feasible now as the LTCG tax has been reintroduced with effect from 1 April 2018.

  1. Are gifts, both in cash and kind, taxable?

Actually, all sorts of donations, including dollars, jewelry, real estate, paintings, or some other valuables, are taxable. However, if the amount of cash or the value of the gift in kind is less than Rs 50,000, the same amount would not be taxable.

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

IBC Ordinance, 2020 after the Impact Covid-19: COVID Period Defaults cannot be triggered by CIRP

www.carajput.com;IBC after the Impact covid-19

www.carajput.com; IBC after the Impact COVID-19

COVID-19 outbreak has caused confusion and industry stress for reasons beyond their control. India was closed on 25 March 2020 to battle COVID-19, leading to the chaos of daily business activities. It is difficult to find an adequate number of resolution applicants for the rescue of corporate persons who may default on their debt obligations. Distress is about because of an extraordinary situation and business entities are being forced into insolvency proceedings under the Legislation. Defaults arising from an unprecedented event to be excluded for the reasons of insolvency proceedings under the Code. Following Below is an impact low down on the IBC Ordinance, 2020.

  • The aim of the new IBC Reform Regulation is to make it easier for companies with breathing space to recalibrate their operations and industry to an all-new standard and keep businesses from dying prematurely. The key points are:
  • No claim shall ever be made for the commencement of corporate insolvency proceedings against a corporate debtor for defaults arising within the time of suspension under sections 7, 9, and 10 of IBC. Section 10 A for COVID Period Defaults has been inserted in the Code suspending the initiation of CIRP under sections 7, 9, and 10. No complaint under sections 7, 9, and 10 can be filed for defaults occurring on or after 25 March 2020 for a period of 6 months (COVID Time), i.e. until 24 September 2020 (‘COVID Time Defaults’).
  • Applications already filed under IBC for the commencement of insolvency proceedings and even on-going insolvency court cases will keep going to be dealt with in line with the appropriate.
  • The gov’t has retained the power to extend the COVID period to one year, i.e. 24 March 2021. The Order provides permanent protection to corporate debtors for COVID period defaults. No claim for approval of CIRP can ever be lodged by any borrower for such defaults.
  • The introduction of CIRP on the grounds of defaults that happened prior to 25 March 2020 is permitted. By the same token, defaults arising after the COVID period will entitle creditors and corporate debtors to initiate CIRP. Defaults not related to COVID-19 will, however, proceed to be dealt with under the Code. Insolvency proceedings may be initiated in respect of defaults that occurred prior to 25 March 2020 or that occurred after the period of COVID-19.
  • Default occurring within the period COVID-19 shall not be the grounds for the commencement of insolvency proceedings at any time. This will prevent companies from being forced into insolvency due to their inability to comply with the repayment obligations due to the business disruptions on the basis of COVID.
  • Does a question need to be asked that application can be submitted for initiation of CIRP if the COVID Duration Default extends past COVID Time? Conjunct interpretation of Section 10A, a proviso to Section 10A, and Clarification show the COVID Time Default needs to be expunged. Such a default can not cause CIRP to be triggered at any time. Logically, therefore, the quantum of the COVID Default period must be excluded as it is not in the eyes of the law. Put it simply, COVID Period Default = No Default. New default of the minimum amount of Rs. 1 Crore should be used to initiate CIRP after the COVID period. However, the default amount after the COVID duration may be compared with the default amount before March 25, 2020.
  • The creditors and corporate debtors will have to spend all their time proving the exact date of default as the Adjudicating Authority will be bound to determine the timeline for default.
  • A further amendment to Section 66 helps protect the parties engaged in the business of the corporate debtor from the order of contribution, as the default period of COVID does not fall within the bracket of fraudulent trading or unfair trading.

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

ITC on Sales of ‘Demo Cars Supply: GST Implication

Impact of GST: ITC on Vehicles on Sale of ‘ Demo Cars Supply by Dealers

www.carajput.com;GST Implication

www.carajput.com; GST Implication

Overview

Demo cars are being used by car dealerships to demonstrate automotive functionality with a view to encouraging sales. Clients test-drive demo models to experience efficiency and understand the benefits of the vehicle. These cars are used for a limited period of time and will then be sold.

The essence of the demo car: a capital good or a dealer’s input?

Pursuant to section 2(19) of the CGST Act, 2017 “capital goods” means goods, the value of which is capitalized on the books of accounts of a person claiming an input tax credit and which are used or intended to be used in the course or in the course of business.

As set out in section 2(59) of the CGST Act, 2017 “input” means any goods other than capital goods used or expected to be used by a supplier in the duration of or in the course of trade or business.

Consequently, a test car can be either an input or a capital asset. In compliance with the above definitions, the prototype vehicle can be classified as a capital asset because it is used for market marketing and is not intended for retail sales to consumers. If the demo car is capitalized on the books of the accounts, it will be regarded as a capital asset. If not, it may be input.

Taxability and Tax Rate

The car dealer had to have registered demo cars in his title and, by nature of registration, the dealer will become the first holder of such cars and, afterward, the car dealer may sell demo cars and, at the time of sale, the vehicle registration will be transferred to the customer.

The transfer of the demo car to the client by the car dealer shall be liable to GST and shall be subject to taxation at the rates set for the cars. The Government has, however, laid down separate provisions for persons engaged in the purchase and sale of second-hand goods. Although demo cars have been used until the vehicles had been sold by the manufacturer, the rules of the old and used vehicle could be drawn.

The dealer possesses the following two options:

Option-1 The dealer may submit the concessional tax rate as specified in Notification No.-8/2018 Central Tax (Rate) dated 25-1-2018 only if no ITC has been claimed by him under the GST or former laws. The concessional GST rates are 18 percent for old and used large vehicles (in the case of Petrol LPG / CNG powered motor vehicles with an engine capacity of 1200cc or more and in other motor vehicles with an engine capacity of 1500cc or more) and 12 percent for other old and used vehicles. The govt also exempted the compensation cess for all old and used motor vehicles empty Notification No.1/2018 – Compensation Cess (Rate) dated 25-1-2018.

Option-2 If the dealer seems unable to apply the concessional tax rate as set out in the above-mentioned notification, the dealer shall be permitted to take the ITC at 28 percent on the buy of demo cars and the normal GST rate and, compensation cess ranging from 1% to 22% as the case may be will be applicable.

Input Tax Credit Availability

At the time of registration and payment, the dealer should have recorded the car as a fixed asset in his accounting records, regardless of whether or not the ITC had been claimed. Demo cars are usually purchased on a tax invoice by dealers who are capitalized on their accounting record as capital goods and expressed on the Company’s fixed assets, except the GST component.

Pursuant to the provisions of the Input Tax Credit given for in Section 17(5) of the CGST Act, the ITC on motor vehicles for the transport of persons is available when such vehicles are used in the further supply of such motor vehicles or for training on the driving of such motor vehicles. In addition, the Authority for Advance Rulings, Kerala, held that the input tax paid by the vehicle dealer on the purchase of a motor vehicle used for client display purposes can be used as an input tax credit for capital goods and offset against the output tax payable under the GST. Demo vehicles are either capital goods that are used in the process of operation or are eligible for the production tax credit.

Valuation under the GST Regime

As per valuation laws, a special method is required in situations where a taxable supply is provided by a person engaged in the purchasing and sale of second-hand products, i.e. used products as such or after some slight processing, that does not modify the value of the goods and that no input tax credit has been used for the procurement of such goods. In such cases, the value of the supply shall be the difference between the selling price and the purchase price and shall be ignored if the value of the supply is negative. However, it should be noted that, if ITC is taken, above that the mentioned option-1 concessional rate is not available and the car dealer shall pay an amount equal to the

on demo cars reduced by the percentage points that may be recommended or the transaction value tax on those capital goods determined as the value of the taxable supply, whichever is higher.

Concluding

It varies depending on the wholesaler whether he wants to apply the concessional GST rate to the sale of demo vehicles for which he has not been able to make use of ITC and needs to fulfill other prescribed conditions. Alternatively, it can make use of ITC and make use of the same with the payment of the output tax liability and during the sale of demo vehicles.

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

Union cabinet confirms 6 month IBC holidays for NPAs; what will be the effect on banks?

Union cabinet confirms 6 month IBC holidays for NPAs; what will be the effect on banks?

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www.carajput.com; IBC

This will apply to NPAs (non-performing assets) after March 25. This was one of the suggestions that Finance Minister Nirmala Sitharaman revealed in her press conference sequence on the Rs 20 Lakh Crore Economic Package.

The central government cleared the suggestion to suspend insolvency and bankruptcy proceedings for bank defaulters for a period of six months, with a provision to extend the time for up to one year, CNBC-TV18 said in a news flash.

The move will provide relief to a number of companies that have been battered by the COVID-19 crisis, as these corporations will not be dragged into the IBC proceedings for the time being. Even so, the verdict may not be a good one for the banking sector, as banks will have to sit on bad assets for a long time to come. They’re not going to be able to transfer those accounts to IBC for a swift resolution. It might lead to possible future stress and lower implementation through the resolution process.

As per Icra, the outbreak of COVID-19 and the suspension of new procedures under IBC are expected to result in substantially lower realizations of up to 30-40 percent for financial creditors in FY20-21.

In view of the economic impact of the Covid-19, the Government decided to suspend the IBC proceedings. To fight COVID, the government announced a national lockdown beginning on March 25, which continues with some relaxation even now. The extended lockout has had a significant effect on companies and has seriously restricted their ability to repay loans to banks. In this sense, the IBC holiday was declared.

The new provision supersedes sections 7, 9, and 10 of the IBC. Section 7 deals with financial creditors initiating insolvency proceedings, Section 9 deals with operational creditors initiating proceedings. Section 10 requires a defaulting corporation to seek access to the National Corporate Law Tribunal (NCLT) to find it insolvent.

The Government had previously decided to grant this relief to companies from being dragged into insolvency proceedings for the next six months, by way of a proposal from the Cabinet, which was cleared on 22 April but did not set a time limit for which the clause should be considered.

The provision of section — Section 10A — is to suspend sections 7, 9, and 10 for a period of six months or until further notice, with a rule that the amendment clause can not be extended for more than one year and will be a one-time measure.

The plan approved by the union cabinet is to push the reforms via the promulgation of an ordinance. Sources said that a formal announcement on the ordinance is now expected after the president’s nod comes. It should be remembered that the old prosecutions will continue.

Of the 12 cases reported to the IBC by the Reserve Bank of India ( RBI) in 2017, a resolution was reached in six cases, while liquidation orders were passed against two companies. A resolution has occurred in two companies, but the banks have not received payment. In addition, the resolution plan failed in the case of another company and therefore the process has been restarted, according to the report. The six companies that have found a resolution are Electrosteel Steels, Bhushan Steel, Monnet Ispat, Essar Steel, Alok Industries, and Jaypee Infratech. A resolution has occurred in Jyoti Structures and Bhushan Power and Steel, but payment is still to be obtained.

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)

Penalties imposed Rs 34.22 on RP by IBBI on breach of moratorium condition

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www.carajput.com; IBBIPenalties imposed Rs 34.22 on RP by IBBI on breach of moratorium condition

IBBI assigns Rs 34.22 a lakh penalty for insolvency professional on breach of the condition of moratorium by enabling the movement of funds of the corporate debtor during the CIRP

Insolvency regulator IBBI’s Disciplinary Committee (DC) has levied a fine of Rs 34.22 for insolvency practitioners, Mohan Lal Jain for violation of some provisions of the Insolvency and Bankruptcy Code (IBC).

The penalty imposed is equivalent to 25% of the service charge that Mack Soft-Tech Pvt Ltd obtained as a Professional Resolution (RP) in the Corporate Insolvency Resolution Process (CIRP).

The violation connected to the RP going to continue to make payments to HDFC after obtaining the approval of the members of the Creditors’ Committee (CoC) during the CIRP, which is in violation of the moratorium requirements found in the IBC and inflicted by the Adjudication Authority on 11 August 2017.

The main point which had to be discussed in the current context was whether or not the payout of EMIs to a financial creditor (in this case HDFC) made after the CIRP moratorium was in breach of IBC.

In its submissions, RP — Mohan Lal Jain — contested that the decision to continue paying regular EMIs on the lease invoices of Corporate Debtor in the ordinary course of business had been taken by CoC with a 100% voting share before taking over as RP and was part of the business decision of the CoC taken in the interest of the corporate debtor. It was also submitted by the RP that payment of EMIs was a routine business transaction undertaken by the RP to keep the corporate debtor as a cause of importance and thus can not be regarded as a transfer of an asset.

The Disciplinary Committee concluded, nevertheless, that the RP not just to refused to address the concerns of the CoC the prohibition put on the transfer of the properties of the Corporate Debtor during the CIRP under Section 14 of the IBC, but also permitted a consistent violation of the moratorium by allowing the EMIs to be deducted from the cash flow / rental income of the Corporate Debtor. “It demonstrates the casualness and ignorance of RP in fulfilling its role as RP and its misconception of the rules,” the Investigative Committee said.

The Disciplinary Committee noted that Mohan Lal Jain had a casual and negligent approach during the conduct of the CIRP. In the present situation, the RP lost its integrity and agreed to pay EMIs to the financial creditor during the CIRP from the assets of the Corporate Debtor, the Investigative Committee said.

The provisions of the IBC Moratorium provide for the restriction of the institution of a suit by that are against the corporate debtor, the transfer, alienation or disposal of any of the assets or legal rights or interest of the corporate debtor, the foreclosure, recovery or enforcement of any security interest of the corporate debtor in respect of its property. The moratorium period is similar to the period of insolvency resolution.

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. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. 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)