Certificate Form 15CA CB for making payments abroad

Certificate Form 15CA CB for making payments abroad

Generally, 15CA CB is not necessary to make a payment abroad in the event that costs fall below the defined limit. That’s because you’re a member of the Remittee. In the case of rent charged to NRIs / foreign vendor, Pursuant to Section 195 of the Income Tax Act 1961, any person liable for making a payment to non-residents shall subtract TDS at the rates in place from the payments rendered or credits granted to non-residents. The Reserve Bank of India also requires that, with the exception of such personal remittances that have been expressly removed, no remittances should be rendered to a non-resident without sending an undertaking in Form 15CA followed by an accountant’s certificate in Form 15CB, Remember that this is

  • Individuals making payment for bills/invoices must apply Form 15CA to the income tax portal each time before paying for the excess of expenses.
  • In fact, if the cumulative amount to be made each year reaches Rs 5 lakh, the Remitter must receive Form 15CB from the Chartered Accountant.

When you make a payment to a foreign seller, it is your duty to figure out if the Remittee is an NRI. This makes it easier for you to subtract TDS for the invoice to be received and to comply with the Income Tax Act. The aim of this undertaking and credential is to raise taxes as the remittance is made, because it will not be practicable for the non-residents to reclaim the tax at a later date. The format of the undertaking to be registered electronically in Form 15CA and the format of the Accountant’s certificate in Form 15CB were notified vide Rule 37BB of the Income Tax Rules 1962

Revised guidelines on filing forms 15CA and 15CB

The latest guidelines to register electronic forms 15CA and 15CB are valid as of 1 April 2016. The comprehensive procedure for filing the form as per requirement is focused on new laws that follow. The income tax department has updated the rules governing the preparation and delivery of Form 15CA and Form 15CB (see previous Form 15CB regulations). As of 1 April 2016, updated rules became applicable.

Major changes are as follows –

  • Form 15CA and 15CB shall NOT be needed to be submitted by a person for remittance which does not require RBI approval
  • List of payments of a defined nature referred to in Rule 37BB, which do not require the submission of Form 15CA and Form 15CB, has been extended from 28 to 33 including import payments
  • Form No. 15CB will only be needed for non-resident payments which are taxable and surpass Rs. 5 lakhs.
  • Only Part A of 15CA is required when the volume of payment or the number of these payments made during the financial year does not exceed five lakh rupees
  • Part B of 15CA to be filled in the event of receiving a certificate from the Assessing Officer pursuant to section 197 or an order from the Assessing Officer pursuant to subsection (2) or subsection (3) of section 195. For example, Form 15CB is not necessary if order or certificate is obtained from AO
  • Part C of 15CA may be filled out after a Chartered Accountant obtains a certificate in Form No. 15CB
  • Part D of Type No.15CA where there is some amount not paid under the terms of the Act. For eg, Form 15CB is not needed if the remittance is not taxable
  • 1 lakh penalty will apply for each non-filing default for 15CA / CB certification

Forms 15CA and 15CB are of considerable interest nowadays. We professional at least have to issue one Form 15CB on a routine basis and 15CA form is also to be generated on behalf by the professional. Form 15CA is a Remitter Certification that is used as a method for collecting data about transfers that are taxable in the hands of non-resident users. It begins with an effective information retrieval program that the Income Tax Department will use to track foreign remittances separately and their existence to assess tax liability. The mechanism for picking cases for scrutiny has dramatically deteriorated in modern times and without an inspection, there was no test to ensure that taxable foreign remittances were made after-tax deduction or not. So the remittance path, i.e. Banks were led to acquiring Form 15CA and Form 15CB before allowing any remittance.

Authorized Dealers / Banks are now becoming more cautious in ensuring that all these Forms are collected by them before they are remitted, as now, in accordance with the revised Rule 37BB, they are expected to file Form 15CA obtained from the remitter, with the income tax authority for any proceedings under the Income Tax Act and also with the revised FEMA Guidelines released. In this regard, as per the updated RBI Guidelines, The RBI does not provide guidelines on the deduction of tax on international remittances at the source. The banks, therefore, encourage remitters to have these Type 15CA and 15CB even while buying imports.

Here’s an effort to render a detailed checklist/procedure for furnishing Form 15CA and Form 15CB effectively.

Step by step Process to File Form 15CA and 15CB all online summation with effect from April 1, 2016

Steps for procedures: We are used to helping our clients in transferring funds from India to out of India after Satisfy the sources and taxability of the fund, below four Steps for procedures which is needed to follow:

  1. Obtain Chartered Accountant (CA) Certificate in Form 15CB – CA must verifying (though his own procedures) the source is determining the sources of funds is the TDS is properly deducted on such source,
  2. Submit Form 15CA online,
  3. Submit documents to Bank where NRE accounts kept
  • Form 15CA
  • Form 15CB
  • Check (cheque) or Demand Draft for the amount
  • Request letter or Form as per respective bank’s requirement
  • Complete any other document, requirement or formality
  1. Transfer: On verification of submitted documents, Bank will process the transfer and credit NRE account.

Mandatory details required when filing in the forms 15CA and 15CB certification

1.     Details of Remitter
    • Complete Name of the remitter
    • Complete address, an email with the phone number of the remitter
    • permanent account number availability of the remitter
    • Complete Main place of business of the remitter
    • The E-Mail address and phone no. of the remitter
    • Status (today) of the person remitter the transaction  (company/ firm /other)
2.     Details of the Remittance
    • Proposed date of remittance
    • Nature of transaction as per agreement (invoice copy to be asked from client)
    • Source of fund proof (if any)
    • Country to and Currency in which remittance is made
    • Amount of remittance in Indian currency
3.     Bank details of the Remitter
    • Name of bank of the remitter
    • Name of the Bank with Branch details
    • BSR code of Bank from which remittance is to be made –
4.     Details of Remittee
    • Complete Name of the remittee :
    • Complete address, email with phone number of the remittee
    • Details of Country of the remittee (In which remittance is to be made)
    • Complete Main place of the business of the remittee
5.     Documents from the Remittee
    • Form 10F duly filled by the authorized person of the remittee.
    • Document of Tax residency certificate from the remittee (Tax registration of the country in which remittee is registered).
    • Section under which order/certificate has been obtained ( if any )
6.     Other details needed
    • Father’s name of the authorised person /signing person
    • Designation of the authorised person /signing person
    • Proof of payment of Tax on fund transfer from India,
    • Proposed date of remittance –
    • Complete name of such bank and branch –
    • Supporting Documents for Remittance
    • The digital signature of the person who required to fund Transfer,

If you’re searching for more current information on these forms, their processes or any enforcement relevant to them, our team of experts will support.

We will also assist you in setting up your business in India, including accounting, bookkeeping, payroll, auditing, valuation, secretarial compliances, trademark registration, market structuring, and consulting services. If you need some support in this regard please visit 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. 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)

Complete Understanding about Form 15CA, Form 15CB

Complete Understanding about Form 15CA, Form 15CB

Form 15CA and 15CB: Complete Details With Examples

International transactions come with a lot of tax implications. And one often is absent on these.

Section 195 of the Income Tax Act specifies that we withhold tax on sums that are taxable under the Statute. And the banks maintain these databases for financial transactions. Additionally, anytime we make some payment to a non-resident, the bank tests whether or not we have paid duty. So for that dimension, they depend on Chartered Accountants certificates. We are sending this information to banks with Form 15CA and CB. Type 15 CB is usually prepared and approved by CA. This blog explains Applicability of Form 15CA and Form 15CB w.r.t Taxability under the IT Act, Overview of Section 9 and Documentation needed for Form 15CA and Form 15CB, What is necessary of Form 15CA and Form 15CB, What is Form 15CA and Form 15CB, Payment / Remittances does not require Form 15CA & Form 15CB, which requires Remitter information, Remittee information, Remittance details, Bank details of the Remittance.

What is Form 15CA?

Shape 15CA is remitter’s declaration. And a method used to collect information about payments made to non-residents. Indeed the form includes the remittance information. As well as the transaction’s tax details. In fact, whether or not the invoice is subject to vat.

Registered dealers and banks are now making sure we pay taxes on purchases that are made by them. And they are asking us to request these forms before the transaction is processed. They compile those forms and exchange them with the tax authority in addition.

This actually forms part of an Income Tax Department Information Management Framework. To assess tax responsibility, it monitors the overseas remittances and their existence. Department of Income Tax has also created an online facility to file these documents. Therefore we register Form 15CA with the IT department online. Though we are still printing and sharing the details with the bank / AD after submission online.

Difference Part in the Form 15CA

We divide form 15CA into 4 parts––

  • Section A:– Where the remittance or sum of these remittance will not surpass 5 lakh rupees during the F.Y. (Taxable, or not).
  • PART B: – Where the A.O. has obtained an order / certificate u / s 195(2)/195(3)/197 of the Income Tax Act; (If Nil or Lower rate certificate).
  • PART C: – Where, during the FY, the remittance or the sum of such remittance crosses 5 lakh rupees.
  • PART D: – Where the remittance is not tax-due

What is Form 15CB?

Form 15 CB is a certificate, and a Chartered Accountant is required to sign. The certificate sets down in detail the rates and taxes payable. Or in some situations, explanations why taxes are paid. All types have basically the same material. 15CB does require registration, however. We also file Form 15CB first as its acknowledgment number is provided while filling the Form 15CA.

Form 15CA CB Applicability

Whether furnishing forms 15CA & 15CB are required for each and every foreign transaction?

In addition, as per the Updated Income Tax Laws, we now only need Form No. 15CB for all taxable and exceeding Rs 5 lakhs payments.

The following types of transactions are not needed for the 15CA CB form:

  • An individual transaction that doesn’t need RBI permission.
  • Payments of a specified nature referred to in Rule 37BB (shared shortly below).However, we’ve heard of cases where banks still ask for a 15CA CB even when not needed. According to the Income Tax Rules, no filing is to be made in Form 15CA and 15CB in the case of the following type of international remittances (as provided for in Rule 37BB). See detailed list here.Link

Who is responsible for filing the Form 15CA and Form CB  

A person responsible of making the payment to a non-resident or a foreign corporation must have the following information –

Where payment is made below Rs 5 lakh

Information for these payments is provided in Part A of Form 15CA

Where payment crosses Rs 5 lakh

  • Part B of Form 15CA must be issued
  • CA’s certificate in Form 15CB
  • Part C of Form 15CA

Where the payment made is not taxable under The Act

  • Portion D of Form 15CA
  • In the following situations,

No information is needed where The remittance is made by an person and does not need prior approval by Reserve Bank of India [as provided for in Section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999) read in Schedule III to the Foreign Exchange

Notes : We’ve heard of situations where banks are always calling for a 15CA CB even though they don’t need it. In the case of the following forms of foreign remittances (as provided for in Rule 37BB), no filing shall be made in Form 15CA and 15CB, in compliance with the Income Tax Laws. Click here for full list.

https:/www.incometaxindia.gov.in/Rules 20Rules/103120000000007406.htm

Revised rules on Form 15CA and Form 15CB submission

The new rules for filing electronic forms 15CA and 15CB are valid as of 1 April 2016. The comprehensive method of filing the form according to specifications is based on new regulations. The department of income tax has updated the rules on form 15CA and formula 15CB preparedness and application (see previous Form 15CB rules). From 1 April 2016, the new rules came into effect.

Significant changes/ revised rules are as follows –

  • Form 15CA and 15CB shall NOT be needed to be furnished for remittance by an person who does not need RBI approval
  • List of payments of a defined nature referred to in Rule 37BB, which do not need the submission of Form 15CA and Form 15CB, has been extended from 28 to 33, including import payments
  • Form No. 15CB is necessary only for payments made to non-residents which are taxable and surpass Rs. 5 lakhs.
  • Only Part A of 15CA is required when the volume of payment or the number of these payments made during the financial year does not exceed five lakh rupees
  • Part B of 15CA to be filled in the event of receiving a certificate from the Assessing Officer pursuant to section 197 or an order from the Assessing Officer pursuant to subsection (2) or subsection (3) of section 195. For example, Form 15CB is not necessary if order or certificate is obtained from AO
  • Part C of 15CA may be filled out after a Chartered Accountant obtains a certificate in Form No. 15CB
  • Part D of Form No.15CA for any amount not chargeable in compliance with the rules of the Statute. For eg, Form 15CB is not needed if the remittance is not taxable
  • 1 lakh penalty would apply for each non-filing default for forms 15CA / CB

Steps for certification procedures 15CA and 15CB:

15CA and 15CB Certification process: Steps for Procedures: We are used to assist our clients in transferring money from India to India after Fulfilling the Fund’s origins and taxability, below four Stages for Procedures to follow:

  1. Obtaining a Chartered Accountant (CA) Certificate in Form 15CB – CA must check (although its own procedures) that the source specifies the origins of funds if the TDS is correctly deducted from the flow;
  2. Upload Online Form 15CA,
  3. Send documentation to the bank holding NRE accounts
  • Form 15CA
  • Form 15CB
  • Check (cheque) or Demand Draft for the amount
  • Request letter or form as required by the respective bank
  • Complete all other papers, specifications or formalities
  1. Transfer: Bank must process the transfer and credit NRE account after review of submitted documents.

Mandatory details required when filing in the forms 15CA and 15CB certification

1.     Details of Remitter
    • Complete Name of the remitter
    • Complete address, email with phone number of the remitter
    • permanent account number availability of the remitter
    • Complete Main place of business of the remitter
    • E-Mail address and phone no. of remitter
    • Status (today) of the person remitter the transaction  (company/ firm /other)
2.     Details of the Remittance
    • Proposed date of remittance
    • Nature of transaction as per agreement (invoice copy to be asked from client)
    • Source of fund proof (if any)
    • Country to and Currency in which remittance is made
    • Amount of remittance in Indian currency
3.     Bank details of the Remitter
    • Name of bank of the remitter
    • Name of the Bank with Branch details
    • BSR code of Bank from which remittance is to be made –
4.     Details of Remittee
    • Complete Name of the remittee :
    • Complete address, email with phone number of the remittee
    • Details of Country of the remittee (In which remittance is to be made)
    • Complete Main place of the business of the remittee
5.     Documents from the Remittee
    • Form 10F duly filled by the authorized person of the remittee.
    • Document of Tax residency certificate from the remittee (Tax registration of the country in which remittee is registered).
    • Section under which order/certificate has been obtained ( if any )
6.     Other details needed
    • Father’s name of the authorised person /signing person
    • Designation of the authorised person /signing person
    • Proof of payment of Tax on fund transfer from India,
    • Proposed date of remittance –
    • Complete name of such bank and branch –
    • Supporting Documents for Remittance
    • A digital signature of person who required to fund Transfer,

If you are searching for more current information on these forms, their protocols or any related enforcement, our team of experts will assist you.

We will also assist you in setting up your business in India, including accounting, bookkeeping, payroll, auditing, valuation, secretarial compliance, trademark registration, market structuring, and consulting services. If you need support in this respect please visit 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. 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)

NEW UPDATE ON LEGALITY OF REOPENING OF ASSESSMENT U/S 147/263 BASED ON AUDIT OBJECTIONS

NEW UPDATE ON LEGALITY OF REOPENING OF ASSESSMENT U/S 147/263 BASED ON AUDIT OBJECTIONS

6

One of the key sources of dispute is the existing arrangement for follow up on audit objections by Internal Audit Party and the Revenue Audit Party. In terms of the existing arrangement, the AO is required to take corrective steps following audit objections. The corrective measures take the form of rectification or reassessment (by reopening the case under section 147 or revision by the Principal Commissioner or Commissioner under section 263). In the case of rectification, these are general in the nature of correction for arithmetical errors and other mistakes which are apparent from the record. The problem arises when the AO seeks to take corrective measures by invoking the provisions of section 147 or 263 of the Income tax Act. Since the audit objections are based on material on record and there is no occasion for new material to be brought on record in the course of audit, any reopening of assessment or review by the Principal Commissioner constitutes “change of opinion” in the eyes of the law. This being so, the corrective measure under section 147 or section 263 of the Income tax Act is held to be invalid by Courts.

In spite of several court judgments to this effect, the CBDT had issued a circular to the effect that in all cases of audit objections, the AO should initiate corrective steps irrespective of whether the objection is valid or not in the eye of law. Consequently, steps are initiated by the AO to reopen the completed assessment or by the Principal Commissioner for revision of assessment orders. These steps give rise to several rounds of litigation; first the assessee challenges the very act of reopening or revision, as the case may be, and upon losing, the Department files appeal before the higher Courts thereby clogging the judicial system. While this process is on, the AO proceeds to complete the assessment on merit leading to another round of litigation. In large number of cases, the assessments on merit are completed even though the Department is in disagreement with the audit objection. The very issue has also been considered by the Income-Tax Simplification Committee constituted by the Govt. of India against such mechanical reopening .

In a recent judgment in case of Sunil Gavaskar vs. ITO, the Hon’ble bench of ITAT Mumbai considered the legality of such reassessments based on audit objections. Primarily reopening merely on the basis of audit objections and in absence of any new material indicating escapement of income, amounts to change of opinion and creates uncertainties for taxpayers.

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 ;Hope the information will assist you in your Professional   endeavors. For query or help, contact:  info@carajput.com or call at  9555555480

CORPORATE AND PROFESSIONAL UPDATE APRIL 30, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 30, 2016

34

Direct Tax:

Income Tax has issued a circular on Framework for computation of book profit for the purposes of levy of MAT under section 115JB of the Income-tax Act, 1961 for Indian Accounting Standards (Ind AS) compliant companies dated 28/04/2016.

 Levy of entertainment tax – Water sport activities offered by Polo Amusement – Polo amusement contended that levy of ET under the ET Act is conditional upon the activity being amusement where people are given admission to an entertainment as defined under Section 2(a) – Held that – the charging provision, Section 6 (1) enacts that tax is to be levied and paid on all payments for admission to any entertainment. Section 2 (m)(iv).( Commissioner of Excise Entertainment, Polo Amusement Park Ltd. Versus M/s Polo Amusement Park Ltd. & Others, Govt of NCT of Delhi And Another).- 2016 (4) TMI 1059 – DELHI HIGH COURT

INDIRECT TAX:

Department of Trade & taxes has issued a notification that returns in Form CR-II for the financial year 2015-16 are required to be filed by 16-May-2016 vide Notification no. .F.3(628)/Policy/VAT/2016/113- 125 dated 28/04/2016

DVAT has extend the period of Filling of online return for fourth quarter of 2015-16 vide circular No. 02 of 2016-17

MCA UPDATES

MCA clarifies that the companies (AS) amendment rules, 2016 dated 30.03.16, to be applicable from F.Y.2016-17. Circular no. 04/2016.

FEMA Updates:

RBI has issued a circular on Foreign Exchange Management (Remittance of Assets) Regulations, 2016 vide circular No. 64/2015-16 [(1)/13(R)] dated 28/04/2016

Key Dates:

  • Deposit of TDS deducted during during March (Other than u/s 194IA in case of purchase of property) through Challan No. ITNS-281- 30/04/2016
  • Excise Return ER-5 for FY 2014-15 by units paying duty > 1 Crore (CENVAT + PLA) in Form ER-5-30/04/2016
  • Excise Return ER-7 for FY 2014-15 by other excise units- 30/04/2016
  • E-Filling of information of declarations in Form 60 received upto 31st March in Form 61-30/04/2016
  • Filling of option to avail composition scheme in DVAT-01- 30/04/2016
  • Filling of withdrawal from composition Scheme in DVAT-03 – 30/04/2016

Plain paper has no value but if you write on it, it becomes document. Life is same, you have to decide which kind of document you want to make of it.

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

CORPORATE AND PROFESSIONAL UPDATE APRIL 29, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 29, 2016

1DIRECT TAX:

  • IT:Expenditure incurred towards fund – allowed as deduction while computing income of the assessee co-operative bank – The Karnataka State Co-operative Apex Bank Ltd. Vs. DCIT, Cir-3(1), Bangalore (2016 (4) TMI 871 – ITAT Bangalore)
  • IT:Deduction u/s. 54F – allowance of claim as assessee has purchased a semi-finished house and completed construction before the three years period as prescribed –  Srinivasa Rao Vs. ACIT, Cir-3(2), Hyderabad (2016 (4) TMI 867 ITAT Hyderabad)
  • Today (28.04.16) is last date to file DVAT- 56 (DVAT Return verification form) and DVAT-48(Return of TDS) for quarter ended March, 2016.
  • CBDT Circular regarding Commencement Of Limitation For Penalty Proceedings U/s 271D and 271E of the Income tax Act, 1961
  • The CBDT has issued Circular No. 09/DV/2016 dated 26th April 2016 in which it has expressed the view, by relying on the judgement dated dated 8.7.15 of the Kerala High Court in Grihalaxmi Vision vs. ACIT that the limitation for imposition of penalty under sections 271D and 271E of the Income tax Act, 1961 does not commence at the level of the Assessing Officer (below the rank of Joint Commissioner of lncome Tax) but commences at the level of the Range authority i.e. the Joint Commissioner of Income Tax./Addl. Commissioner of Income Tax. The CBDT has advised Assessing Officers (below the rank of Joint Commissioner of Income) to make a reference to the Range Head regarding any violation of the provisions of section 269SS and section 269T of the Act, as the case may be, in the course of the assessment proceedings (or any other proceedings under the Act). It has directed that the Assessing Officer, (below the rank of Joint Commissioner of Income Tax) shall not issue the notice in this regard. The Range Head will issue the penalty notice and shall dispose/ complete the proceedings within the limitation prescribed u/s 275(1)(c) of the Act
  • reduces interest rates on employee provident fund (EPF) from 8.75% to 8.7% for financial Year 2015-16.
  • Family pension claim not acceptable if option to join scheme was not exercised. [Ganesh Prasad Mishra vs. Commissioner EPF Organization (Madhya Pradesh HC at Indore)].
  • Excess of TDS deposited u/s. 195 eligible for interest u/s. 244A. Circular no:11/2016– IT.
  • Relaxation of Know Your Customers (KYC) Norms for customs notified vide circular no. 13/2016 dated 26Th April 2016- (click here to view)
  • The Contract entered for the purpose of packing loading and unloading etc. of the goods for which labour was supplied by the assessee to M/s Birla Corporation Ltd. cannot be held as Cargo Handling Service as the two conditions are not satisfied- (The Deputy Commissioner, Central Excise & Another Versus Sushil & Company – 2016 (4) TMI 987 – SUPREME COURT.
  • Assessee is providing the services directly to M/s. Jet Airways (I) bPvt. Ltd. which is not on behalf of Airport Authority – it cannot be said that Airport Authority has authorized the assesse to provide the services- (Commissioner of Service Tax, Mumbai-I Versus Soft Touch Aviation – 2016 (4) TMI 986 – CESTAT MUMBAI)

INDIRECT TAX:

  • Delhi VAT extended online return filing due date till 16/05/2016 for Q4 15-16 vide circular no: 02 dated 28th April.
  • DELHI VALUE ADDED TAX ACT, 2004 – NEW COMPOSITION SCHEME FOR RESTAURANTS AND HALWAIS : CIRCULAR NO.01 OF 2016-17 [NO.F.3(664)/POLICY/VAT/2016/106-112], DATED 27-4-2016 dealers whose annual turnover is upto Rs. 50 Lakhs and who makes sales of cooked food, snacks, sweets, savouries, juices, aerated drinks, tea and coffee etc. have an option to pay composition tax @ 5%.

COMPANY LAW:

  • Query: One of our client company has not done annual filing since F.Y 2009-10. Now when are trying to file the same. Form 23AC, ACA and Form 20B are not available on MCA portal. Can we file the same through Form GNL- 2. Advice
  • AnswerNo, Annual filing e-forms under the Companies Act, 1956 viz. 23AC/ACA, 23AC/ACA-XBRL, 20-B, 21-A, Form 66, I-XBRL, A-XBRL, 23B, 23C and 23D would be made available shortly for filing purposes on MCA Portal. You are therefore advised not to file these forms as attachments with GNL-2 e-forms.
  • MCA has issued general circular no. 04/2016 dated 27th April 2016: amended AS should be used for preparation of accounts for accounting periods commencing on or after the date of notification.

MCA UPDATES:

  • MCA has released Clarification with regard to Companies (Accounting Standards) Amendment Rules 2016 vide Circular No- 04/2016 dated 27/04/2016. (Click here to view)
  • MCA has released Notification regarding the Jurisdiction of the state of Telangana under Section 396 of Companies Act 2013 vide Notification dated 26/04/2016. (Click here to view)

OTHER :

  • Amended ASs to be applied from FY 16-17 onwards
  • ICAIin order to make the Members aware as to what information is going to flow from Institute’s records in MEF this year has hosted Pre-MEF data verification at meficai.org for applicants’ perusal w.e.f. TODAY (27 APR 2016).
  • RBIhas issued a Master Direction for merger of private sector banks and also between NBFCs and banks.
  • releases draft guidelines for computation of book profit by Ind AS compliant Cos
  • Courier entities in Delhi to file return in CR-II for F.Y.2015-16 byMay 16, 2016

Key Dates:

  • Filing of DVAT return verification form for quarter ended March where return not signed with digital signature: 28/04/2016
  • Return of DVAT TDS for quarter ending March: 28/04/2016
  • Return by scheduled banks branches in delhi engaged in sale of silver, gold, repossessed vehicles for quarter ending March: 28/04/2016

The most useful asset of a person is not a head full of knowledge but a heart full of love with ears open to listen and hands willing to help.

Your mind is a magnet. If you think of blessings, you attract blessings and if you think of problems, you attract problems. Always cultivate good thoughts and always remain positive and optimistic.

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

CORPORATE AND PROFESSIONAL UPDATE APRIL 26, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 26, 2016

29

Direct Tax:

Waiver of loan tantamount to benefit or perquisite, chargeable to tax under Sec. 28(iv)[2016] 68 289 (Madras) Commissioner of Income Tax v. Ramaniyam Homes (P.) Ltd.

Interest on loan allowed to be deducted as loan was obtained to repay on old business loan [2016] 68 223 (Bangalore Trib.) Senate v. Deputy Commissioner of Income-tax

Indirect Tax:

Govt. constitutes board to issue eligibility certificates for availing tax benefits by ‘startups’25 April 2016, Govt. constitutes board to issue eligibility certificates for availing tax benefits by ‘startups’

Operating of plants of client is ‘Business Support Services’ and not ‘Maintenance or Repair services'[2016] 68 239 (Mumbai – CESTAT)  Commissioner of Service Tax v. Global S.S. Construction (P.) Ltd.

Department cannot insist to avail particular option under rule 6. [Mahindra & Mahindra Limited vs. CCE (CESTAT New Delhi)].

CENVAT allowed on linkage of inputs/capital goods to production. [C.C.E. Raipur vs. Bharat Aluminum Co. Ltd. (CESTAT NewDelhi)].

Excise & Customs : Where assessee has manufactured or exported goods by procuring domestic inputs without payment of duty under rule 19(2) of Central Excise Rules, 2002, then, in view of specific restrictions imposed by drawback notifications, no drawback can be allowed to assessee (not even of customs component of drawback)[2016] 68 238 (Bombay)  Anandeya Zinc Oxides (P.) Ltd. v. Union of India

Delhi VATCOM assured extension of return filing due date till 16/05/2016 for Q4 15-16. Further assured that item name and item code to be optional for Q4 15-16. Members are advised to file returns only after new updation of software i.e. 03/05/2016. Digital signature is also made optional for Q4 (All dealers).

Company Law:

Query: We filed Form INC-29 and there is resubmission but when we affixing DSC, the size of e-form automatically increase by 2 MB and there is pop-error as file size cannot exceed 5 MB. Kindly advice as is there any alternate way as its last date of resubmission is also approaching.

Answer: This is a technical issue on the part of new modified MCA Portal, you can compress the attachments and try accordingly.

AASB of ICAI issues guidance note on the Companies (Auditors Report) Order, 2016 on 23.04.2016.

Key dates

Extension of due date of filing ST-3 returns from 25th April to 29th April : Assessees have faced difficulties in accessing the ACES application on 25th April 2016, therefore, in exercise of the powers conferred by sub­rule (4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise & Customs has extended the date of submission of the Form ST-­3 for the period from 1st October 2015 to 31st March 2016, from 25th April 2016 to 29th April 2016 vide Order No. 1/2016-ST.

I think if you just look at life in a positive way, positive things will happen. -Jake Owen

Words have no value. But the manner in which you chose them while speaking decides whether you will get value or pay for them.

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CORPORATE AND PROFESSIONAL UPDATE APRIL 25, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 25, 2016

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DIRECT TAX:

The definition of rent includes any payment by whatever name called, for use of buildings including factory buildings, equipment, furniture or fittings. Even if machinery was leased, the consequent rent comes under the definition. But machinery lease cannot be considered under income from House property .(Heritage Hospitality Limited Versus Deputy Commissioner of Income Tax, Circle-2 (2) , Hyderabad)- 2016 (4) TMI 873 – ITAT HYDERABAD

Unexplained investment – addition made simply on the basis of the statement recorded u/s. 133A – Held that – An admission by assessee during the search or survey proceedings cannot be considered as conclusive unless it is supported by corroborative evidence. (Sai Priya Constructions and Others Versus The Income Tax Officer, Ward-8 (2) , Hyderabad) 2016 (4) TMI 868 – ITAT HYDERABAD

INDIRECT TAX:

CBEC have revise the rate of exchange of conversion of the foreign currency with effect from 22nd April, 2016  vide Notification No. 55/2016 – Dated 21-4-2016 – Customs (Click here to view)

Indian Revenue Services ( Customa and Excise ) Group “A” Rules 2016 vide Notification No. G. S. R. 438(E) dated 22/04/2016

Imposition of penalty – Services provided as marketing agent – non-payment of Service Tax for the commission payments received – Held that – it is clear that the 2nd respondent has given an opportunity of personal hearing to the petitioner and he was also represented by his counsel before the 2nd respondent. The petitioner also filed his reply before the 2nd respondent, which was also considered by the 2nd respondent. Therefore, from the above, it is clear that there is no violation of principles of natural justice committed by the respondents  (V.R. Mohanraj, Proprietor of M/s. VMBK Promoters Versus The Commissioner of Service Tax –I , The Joint Commissioner of Service Tax)

MCA UPDATES:

MCA has released FAQs on problems faced by Stakeholders due to change/updation of MCA Portal.

KEY DATES:

 E-Return for DVAT for the quarter ended March: 25-04-2016 (Form 16 and CST 1)

Service tax return ST-3 for the half year ended March: 25-04-2016

Today or any day that phone may ring and bring good news. -Ethel Waters

Bath purifies body, Meditation purifies mind, Prayers purify soul, Charity purifies wealth, Fast purifies health and Forgiveness purifies relationship.

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CORPORATE AND PROFESSIONAL UPDATE APRIL 23, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 23, 2016

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DIRECT TAX:

IT: Expenditure relatable to day to day running of the business is allowable as revenue expenditure in the hands of assessee irrespective of the fact that the assessee was following percentage completion method of recognizing its revenue – Arun Pitambar Seth Vs. ACIT, Cir-3, Pune (2016 (4) TMI 752 – ITAT Pune)

IT: Assessment u/s 153C – the concerned documents / diaries did not emanate from out of seizures made in the course of search action – M/s. Giriraj Developers Vs. ACIT, Cir-13, Mumbai (2016 (4) TMI 749 – ITAT Mumbai)

No penalty for non-maintenance of TP docs if assessee furnished updated margins of earlier comparables Assistant Commissioner of Income-tax, Circle-6, Jaipur v.Integrated Decisions & Systems (India) (P.) Ltd.[2016] 68 taxmann.com 185 (Jaipur – Trib.)

Fall in value of stock allowed to be deducted, though it was in transit and lying at port Pr. Commissioner of Income Tax v. STCL Ltd [2016] 68 taxmann.com 224 (Karnataka)

IT: Export sales directly made to the consignee through the sister concern was the deemed export of the assessee – deduction u/s 10B allowed – M/s. Earth Stone Group Vs. ACIT (2016 (4) TMI 824 – ITAT Delhi)

INDIRECT TAX:

ST: Once what is received by the service receiver being output services the same would automatically become input service in terms of Rule 2 (l) of Cenvat Credit Rules – M/s Sundaram Industries Ltd. Vs. CCE, Madurai (2016 (4) TMI 777 – CESTAT Chennai)

Excise & Customs: Where assessee surrendered its registration certificate for de-registration, denial of de-registration on ground that a case of demand of duty was pending against it was wrong [2016] 68 taxmann.com 200 (Mumbai – CESTAT)  Akasha Syncotex Ltd. v. Commissioner of Central Excise

VAT & ST: Refund of excess TDS – construction business – Section 27 & 24 of HVAT Act would be applicable only to the taxable turnover i.e. after deducting service component and turnover relating to sales outside State in the course of inter-state sales or in the course of import – M/s. S.M. Constructions, Ludhiana Vs. The State of Punjab (2016 (4) TMI 762 – Punjab & Haryana High Court)

DVAT: Delhi Govt. has issued Delhi Value Added Tax (Amendment) Rules, 2016. Return Forms DVAT-16 and DVAT-17 have been amended wherein dealers are now required to furnish details of purchases and sales in Annexure 2A and 2B along with the description of goods and their codes. Forms DVAT-30 and DVAT-31 have also been amended.

ST: Increase in rates of service tax in respect of bank guarantee and insurance premium is directly relatable to the terms of the contract – M/s Centrodorstroy Vs. NHAI (2016 (4) TMI 801 – Supreme Court)

VAT & ST: Different view taken by Court – Tribunal has already decided the matter in case of original petitioner – Once a decision has attained finality it cannot be upset just on a mere ground that subsequently the higher forum has taken a different view – M/s. IFB Industries Ltd. Vs. DCCT (2016 (4) TMI 761 – Karnataka High Court)

Other Update

MCA: The relaxation of additional fees vide General Circular No.03/2016 dated 12 APR 2016 has been implemented in MCA21 system w.e.f. 21 APR 2016. The additional fee payable on Company e-forms which are due for filing b/w 25 MAR to 30 APR 2016 is relaxed till 10 MAY 2016.

Department of Education, Delhi Govt. invites application from CAs for empanelment for audit of private schools For details, please visit: http://resource.cdn.icai.org/lof2015/source/lof2015.html

CALS, a sister concern of “Grant Thornton (India)”offers cost effective learning for CA Final in an offline mode anytime, anywhere. For details:Toll free number: 1800-1200-560.   Email on info@calearning.in,   www.calearning.in

Key Dates:

Issue of TDS Certificate in case of payment/credit made in March for purchase of property u/s 194A:22/04/2016

Issue of certificate for deduction made in March in DVAT-43: 22/04/2016

“Judge a man by his questions rather than his answers.”

Happiness is a delicate balance between what you want and what you have. It is the  inner joy that can be sought and  caught but can never be taught and bought .

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CORPORATE AND PROFESSIONAL UPDATE APRIL 21, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 21, 2016

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Indirect Tax:

IT: Receipt by the assessee from the HUF of which the assessee was the member – treated as gift received from the relative (group of relatives) – Not Taxable u/s 56 (2) r.w.s. 2(31) – Biravelli Dhanalaxmi Vs. ITO, W-4, Karimnagar (2016 (4) TMI 669 – ITAT Hyderabad)

IT: The question of TDS u/s 194-I does not arise on consideration paid to the Government – the manner in which the amount was quantified and the method of selection of the JV Partner are the crucial determining factors in this case to understand that the said amount could never constitute rent – M/s. Tril Info Park Ltd. Vs. ITO, W-1 (2016 (4) TMI 674 – Madras High Court)

INDIRECT TAX:

ST: Services which are supporting in nature to the main business like services relating to customer relationship telemarketing office infrastructure etc. are covered under Business Support Service – T.V. Today Network Pvt. Ltd. Vs. CCE, Delhi (2016 (4) TMI 690 – CESTAT New Delhi)

VAT & ST: In case of different stand taken by the department by rejecting its own order the exemption of entertainment tax is granted from the date of release of movie and not from the date of issuance of Government Order – Sushanth Prasad Vs. CCT (2016 (4) TMI 679 – Madras High Court)

 

COMPANY LAW:

MCA has released the list of few Frequently Asked Questions on the various issues related to the MCA website. An attempt has been made by MCA to clarify and all Stakeholders are requested to make note of the common queries. Stakeholders are also requested not to raise duplicate Helpdesk tickets on the issues which have been clarified through these FAQ’s.

OTHER UPDATE:

Small tobacco pouches weighing less than 10 grams not subject to retail sale price based assessment. [CCE, vs. Shakti Zarda Factory (India) Pvt. Ltd. (CESTAT New Delhi)].

Today (21.04.16) is the last date for deposit of ESI, DVAT & CST for the month of March, 2016.

Apply online through recruitment link of www.edudel.nic.in

Key Dates:

Payment of ESI of March for ESI: 21/04/2016

Payment of MVAT and WCT TDS for March for MVAT: 21/04/2016

MVAT return for March (10 days extra for e-returns): 21/04/2016

Life becomes interesting when you start speaking silently with your eyes, but life becomes more interesting when someone starts reading those eyes silently.

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CORPORATE AND PROFESSIONAL UPDATE APRIL 17, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 17, 2016
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Direct Tax:

INCOME – DEEMED TO ACCRUE OR ARISE IN INDIA

Royalty : Where on date of agreement entered by assessee, US company, with Indian company for providing data transmission service was in knowledge of Assessing Officer to invoke section 44D still he assessed receipt as royalties under section 9(1)(vi) at rate of 15 per cent, reopening of assessment to tax said receipt at rate of 20 per cent under section 44D was not sustainable – [2016] 68 taxmann.com 51 (Delhi – Trib.)

Very important case, in the pretext of Last Date Fiascos

NSDL releases e-TDS/TCS RPU version 1.5 from FY 2007-08 onwards on 13/04/2016.

SECTION 44BB

NON-RESIDENTS – MINERAL OIL, BUSINESS FOR PROSPECTING/EXPLORATION ETC., IN CASE

Business income : Where assessee, a Norway based company, earned revenue from contract of providing crew on vessel, since entire payments were intricately linked to services rendered in India, assessee was not justified in not offering a part of revenue to tax in India on ground that when ship was beyond 200 nautical miles from Indian shoreline, it could not be presumed to be located in India – [2016] 68 taxmann.com 135 (Delhi – Trib.)

TRANSFER PRICING – COMPUTATION OF ARM’S LENGTH PRICE

Comparables and adjustments/Adjustment – Method of computation : Where Assessing Officer considered both TNMM and also CPM and Commissioner (Appeals) decided case only under TNMM, inevitable conclusion would be that TNMM was accepted by authorities below as most appropriate method – [2016] 68 taxmann.com62 (Delhi – Trib.)

Comparables and adjustments/Adjustments/CUP/TNMM : Where purchaser, manufacturer as well as intermediary are all AEs and components purchased which constituted 86 per cent of total raw material is imported from intermediary not from manufacturer, job of TPO extends to critically evaluating materials and onus is clearly on assessee to offer a convincing and reasonable explanation – [2016] 68 taxmann.com 55 (Delhi)

Comparables and adjustments/Adjustment – Capacity/utilization : Where adjustments on account of under-utilization of capacity and difference in depreciation are factors which are likely to materially affect price or cost charged or paid, or profit arising from, such transactions in open market, Assessing Officer/TPO should allow adjustments on account of under-utilisation of capacity and also difference in depreciation method adopted by assessee and comparable companies – [2016] 68 taxmann.com 50 (Hyderabad – Trib.)

SECTION 94A

TRANSFER PRICING – TRANSACTIONS WITH PERSONS LOCATED IN NOTIFIED JURISDICTIONAL AREA

India and Cyprus entered into an agreement to avoid double taxation of income and prevention of fiscal evasion since December 1994. The impugned section 94-A (1) was notified by India, as there was no information flow from Cyprus. Petitioners filed nine petitions, challenging legality of section 94-A(1), on ground that it conferred sweeping powers upon the central government to specify any country as a notified jurisdictional area in relation to transactions entered into by any assessee, irrespective of whether such country is one, with whom a bilateral treaty has already been entered into. – [2016] 68 taxmann.com 182 (Madras)

IT : Where delay of a day in filing return was only due to technical snags of website of department on last date of filing return, such delay was to be condoned; claim of carry forward of losses could not be denied[2016] 68 taxmann.com 93 (Madras)

Regen Infrastructure & Services (P.) Ltd. v. Central Board of Direct Taxes, New Delhi* Section 139, read with section 80, of the Income-tax Act, 1961 – Return of income (Condonation of delay in filing return) – Assessment year 2010-11 – Assessee filed its return of income late by a day – Assessee’s claim of carry forward loss was not granted by department – Assessee approached CBDT and sought for condonation of delay in filing of return and explained that due to last hour rush on last day of filing of return, there were technical snags in website of department and, thus, return could not be uploaded; it could only be uploaded in midnight and, hence, date of filing had been reckoned by department as next day – CBDT rejected petitioner’s contention – Whether since petitioner had not gained anything from delay and had satisfactorily explained reason for delay in filing return, CBDT should have condoned delay of one day in filing return by assessee; mere delay should not defeat claim of assessee – Held, yes [ Para 7] [In favour of assessee]

Sum paid to witness in famous ‘Best Bakery case’ for turning hostile wasn’t unexplained payment
IT :
Where, during proceedings before Supreme Court in famous ‘Best Bakery case’, a VCD was found in which assessee was alleged to have paid money to a witness for becoming hostile and, consequently, Assessing Officer treated said amount as unexplained payment made by assessee on basis of said VCD but did not corroborate said transaction by any other evidence, action of Assessing Officer was not justified [2016] 68 taxmann.com 198 (Ahmedabad – Trib.) Mahendrabhai B. Shrivastav v. Income-tax Officer

Indirect Tax:

SERVICE TAX

SECTION 65(19) : Where under multi-level marketing concept of principal, a distributor earned monthly income in three ways – (a) difference between his purchase price and sale price as his profit margin; (b) commission received depending upon volume of purchases of Amway products; and (c) monthly commission based on volume of sale made by second level distributors, only tast category would be covered by business auxiliary service – [2016] 68taxmann.com 60 (New Delhi – CESTAT)

CBEC exempts service-tax on registration services provided by Govt. For detailed notification, send text message to my number

CBEC issues instructions for discharging of quasi-judicial functions by its officials April 14, 2016 DECISION OF CESTAT FINAL ORDER NO.40344/2016 IN CASE OF COMMISSIONER OF CUSTOMS (IMPORT) V. DO BEST INFOWAY INSTRUCTION F.NO.390/CESTAT/24/2016-JC, DATED 13-4-2016

CENVAT CREDIT RULES

RULE 3 : CENVAT CREDIT – ALLOWANCE

Where assessee, a manufacturer of sugar and molasses in its factory located in remote area, constructed dormitory within factory for stay of technicians/engineers as same may be called as and when if there was a fault in plant or machinery, it was entitled to take cenvat credit on construction services of dormitory – [2016] 68taxmann.com 47 (New Delhi – CESTAT)

CENTRAL EXCISE ACT

CLASSIFICATION – MEDICAMENT: There is distinction between house mark and product mark; a monograph on ‘ayurvedic medicine’, which only identifies manufacturer would not make such medicine a ‘patent or proprietary medicine’ and therefore, said medicine continues to be exempt from duty – [2016] 68 taxmann.com 54 (New Delhi – CESTAT)

INTEREST – ON DELAYED REFUNDS  : There is no provision for payment of interest on ‘delayed payment of interest on refunds’ in Customs/Central Excise/Service Tax law or rules made thereunder and grant of interest by High Courts under its discretionary writ jurisdiction cannot be relied upon by Tribunal to grant similar interest – [2016] 68 taxmann.com 137 (New Delhi – CESTAT)

CENTRAL EXCISE RULES

ASSESSMENT – CENTRAL EXCISE – PROVISIONAL ASSESSMENT : Upon finalization of provisional assessments, assessee is entitled for adjustment of excess paid duty/tax with short-paid duty/tax during period of provisional assessments – [2016] 68 taxmann.com 136 (Bangalore – CESTAT)

COMPETITION ACT

PROHIBITION OF AGREEMENTS – ANTI-COMPETITIVE AGREEMENTS

SECTION 3 : Where OP-drug manufacturer and Distributors Association refused to supply medicines to informant stockist, imposed condition on informant not to seller or supply products out side area allotted to it and appointed new distributor to its detriment, conduct of OP would be anti-competitive – [2016] 68 taxmann.com 63 (CCI)

KEY DATES:

  • Payment of ESI of March for ESI: 21/04/2016
  • Payment of MVAT and WCT TDS for March for MVAT: 21/04/2016
  • MVAT return for March (10 days extra for e-returns): 21/04/2016

“समय  सीमा  पर  काम  ख़तम  कर  लेना  काफी  नहीं  है, मैं  समय  सीमा  से  पहले  काम  ख़तम  होने  की  अपेक्षा  करता  हूँ|” ~धीरूभाई अंबानी

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