Should You File Tax Return Even Without Taxable Income?

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As the last day of filing income tax return is coming near, it’s finally time for tax payers to do what they haven’t from so far. The question is it still mandatory to file return if the income is below the taxable limit of Rs. 2.5 lakh per annum. The answer is yes; under certain circumstances it is beneficial to file return even then. There are certain cases which are mandatory while others have benefits of filing return.

One of the biggest benefits of filing return is that it helps in applying for loan in future or applying for visa etc. For clearance of any loan by lender or bank for say home loan, car loan or any vehicle loan, they ask for proof of tax return statements of past three years.

So for instance, if you have monthly income of Rs. 20000 which amounts to less Rs. 2.5 lakh in a year, you are not obliged to file income tax return. But doing so can be beneficial in a long run to provide as a proof of your finances. Filing income tax returns act as a proof of your income when applying for loan as a co-borrower too.

Also, from the year 2012 it has been made mandatory for individual holding a foreign asset to file for income tax return if the asset has no yield. A foreign asset may refer to any foreign account, immovable property, partnership firm etc.

What happens when you file an income tax return?

Let’s take an example of a senior citizen who has an income of 7 lakh which is nontaxable, in the form of tax free shares. Her taxable income is Rs. 14000 which comes below the taxable limit of Rs. 2.5 lakhs. However, she is advised to file return for the same to have it as a proof that she has an income, though not taxable. When you fill a ITR form, it has a column where you are required to show your nontaxable income.

Filing for tax returns also helps in claiming tax returns or to set off the losses. You can set off the losses that may have incurred in share marketing by carrying forward them to the next year. This can be done by filing for a refund even if your annual income is less than Rs. 2.5 lakh.

Even in cases of tax deducted at source or in case of income earned through freelancing, you can file for income tax return for claiming it.

Last Date of filling of ITR for the A.Y. 2016-17 is 05 August 2016.

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The Goods and Services Tax (GST)

GST Bill: Government looks forward to decrease additional tax and compensate the states for 5 years.

The following seven days will be quite challenging Phase in Rajya Sabha as GST Bill is in critical stage as it is proposed to implement GST in April 2017.

There are several reasons which had prevented the passing of GST Bill in the upper house. Out of these some factors were the political agendas which were hidden and other visible factors can be best understood from analyzing the following demands of the Congress Party which is right now the single largest party in the upper house.

India moved a step further to implement the GST when the government agreed on Wednesday to reduce the contentious 1% tax on manufacturing and wholly compensate the states for 5 years for all potential losses suffered after new system comes into force.

Featured_Image4What were the demands of Congress?

There were 3 demands of the congress party:

  1. With a view of benefiting the states which are involved in manufacturing industries, Congress wanted to abolish proposed additional Entry tax by 1%.
  2. To clearly establish a ceiling limit of 18% rate of GST in the constitution.
  3. To draw up an independent authority to settle the Goods and Services Tax dispute headed by a judge.

What the government wished for?

The government already has given its consent to 2 demands:

  1. To establish authority to settle GST dispute.
  2. Abolishing additional Entry tax of 1% on 27th of July, 2016 in one of its cabinet meetings.

On the other hand, the government is not giving consent to consider the third demand to include a ceiling limit of 18% in the GST rate as it says this rate cannot be easily incorporated in the constitution.

What can be the impact if Entry tax is dropped by 1%?

After conducting various meetings for around a decade, by the collective efforts of experts, various organizations and committee led by Dr. Aravind Subramanian,  it was agreed to settle with RNR (Revenue Neutral Rate) the rate between 17% to 18%.

It was duly recommended by making a provision of 1% Entry tax but here the petroleum sector was outside the scope of RNR.

What is Revenue Neutral Rate?

Revenue Neutral Rate refers to the single rate which helps in preserving the revenue at desired levels. It is that single rate which slowly gets converted into full rate structure depending on various exemptions allowed by different policy choices made. It decides what commodities are to to be charged at a lower rate and what commodities with a higher rate.

The RNR can be clearly differentiated from the “standard rate” which is proposed to be given in the GST Regime which is applied to all the services and goods whose taxation policy is not clearly defined in any act or law. So, typically most if the goods and services are taxed at a standard rate,although it may be noted that it need not be a thumb rule (compulsory rule) to charge a standard rate.

So basically RNR is that rate where both state government and the central government will incur loss from the viewpoint of collection of taxes in order to earn revenue.

 

 

 

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CORPORATE AND PROFESSIONAL UPDATE MAY 11, 2016

Professional Update For the Day:

Untitled34ADirect Tax: 

IT: Taxing of capital gains u/s.50B r.w.s.2 (42C) – sale of undertaking as a going concern for a lump sum consideration – addition made by the AO u/s.50B on account of gain arising from transfer of BOPP Films Undertaking confirmed – Supreme Industries Ltd. Vs. ACIT, CC-29, Mumbai (2016 (5) TMI 264 – ITAT Mumbai)

IT: Undisclosed income – Addition made on the basis of the statement during the survey u/s. 133A is not sustainable in the eyes of law – Avinash Kumar Setia Vs. DCIT, CC-17, New Delhi (2016 (5) TMI 261 – ITAT Delhi)

CBDT prescribes procedure for e-filing of Form 15CC in respect of foreign remittance made u/s 195

CBDT prescribes procedure for e-filing of Form 15G/15H

Provisions relating to gift apply only to an Individual or HUF and not to an AOP
[2016] 68 taxmann.com 376 (Delhi – Trib.) Mridu Hari Dalmia Parivar Trust v. Assessing Officer, Circle 31(1)

A person can apply for non-deduction of TDS u/s 195 even if he has been subjected to concealment penalty: CBDT

Now, TDS or TCS return can also be filed via incometaxindiaefiling.gov.in

Indirect Tax:

Excise & Customs : Where pre-deposit amount has been determined after considering/adjusting Cenvat credit amount, then, such ‘net pre-deposit’ amount has to be paid in cash and cenvat credit cannot be used to pay same[2016] 69 taxmann.com 10 (Kerala) Commissioner of Central Excise, Customs & Service Tax v. Kinship Services (India) (P.) Ltd.

Govt. entities in Delhi no more required to file details of purchases below Rs. 1000 in DVAT Form GE-II

ST: Levy of penalty – As the assessee had paid service tax and interest by showing their bonafides before issuance of SCN – Penalty liable to be waived of by invoking Section 80 – Cognizant Technology Solutions India Pvt. Ltd. Vs. CCE&ST, Chennai (2016 (5) TMI 230 – CESTAT Chennai)

VAT & ST: Merely because the advertisements of the advertisers were displayed on the Sites would not necessarily lead to the conclusion that they had acquired the right to use the Sites – Tim Delhi Airport Advertising Pvt. Ltd. Vs. CT&T (2016 (5) TMI 297 – Delhi High Court)

FEMA Updates:                 

Ministry of Commerce & Industry has issued  Policy on foreign investment for Asset Reconstruction Companies-amendment of paragraph 6.2.18.1 of ‘consolidated FDI Policy Circular of 2015’ vide press No. 4(2016 Series) dated 06/05/2016.

MCA Updates:

MCA has issued Companies (Registration Offices and Fees) Amendment Rules, 2016 vide Notification dated 06/05/2015, which shall come into force from the date of their publication in the Official Gazette. The New Rules has further substituted Form No. GNL-1 (Form for filing an application with Registrar of Companies) and Form GNL-4 (Form for filing addendum for rectification of defects or incompleteness)

Word of Wisdom:

The most difficult task is to make everybody happy. The simplest task is to be happy with everyone. Surprisingly, the purpose of both are the same.

Mankind is made great or little by its own will.      -Friedrich Schiller

Life isn’t about finding yourself. Life is about creating yourself.      George Bernard Shaw Continue reading

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CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 28, 2016

CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 28, 2016

1

DIRECT TAX

  • Income Tax: Correction of statement cum challan relating to TDS on sale of property u/s 194IA – CPC-TDS has enabled functionality for online correction in form 26QB from 29/02/2016.
  • Income Tax: TDS u/s 194I – whether the tour operators/travel agents were required to deduct TDS under Section 194-I of the Act while making payments to the hotels on behalf of foreign tourists? – Held Yes – HC
  • Income Tax: Exemption u/s 13A – ITAT was justified in denying exemption to the INC under Section 13A of the Act and refusing to condone the delay that had occurred in the audit of some of the state units by holding that the ITAT was right in its conclusion that the INC failed to fulfil the three conditions envisaged under clauses (a), (b) and (c) of Section 13A of the Act – HC
  • Income Tax: Exemption u/s 13A – As long as a political party continues to avail the exemption from payment of income tax, there can be no excuse for not maintaining its account whether it has one or more state units. – no valid reasons have been given by the ITAT for overturning the reasoned and detailed orders of the AO and CIT (A). – HC
  • Income Tax: Entitlement to claim carry forward loss – delay in filing the return – when the petitioner as a litigant is entitled to claim carry forward loss, mere delay should not defeat the claim of the petitioner – CBDT should have condoned the delay of one day in filing the return by the petitioner.- HC
  • Income Tax: Minimum Alter Tax (MAT) – Forfeiture of share warrants being a capital receipt – adjustment need to be made to the disclosures made in the notes on accounts forming part of the profit and loss account of the assessee and the profits arrived after such adjustment, should be considered for the purpose of computation of book profits u/s 115JB

INDIRECT TAX          

  • Service Tax: Demand of Service tax at the rate of 6%/8% of the value of exempted goods – As per Sub-Rule (3A) of Rule 6(3), the Cenvat Credit required to be reversed is as per the formula prescribed. Here, as the appellant have reversed the entire credit availed on common input service, the demand of 6%/8% of the value of exempted goods is not sustainable.
  • Service Tax: Cenvat credit – Appellant constructed various malls and rented the same to various parties and discharge of service tax on rent received. Also availed the Cenvat Credit of input services which are used for construction and maintenance of the various malls – credit allowed – Tri
  • Central Excise: Validity of order against the dead person – once the factum of death of the sole proprietor has come to the knowledge of the learned Commissioner, the learned Commissioner should have dropped the proceedings rather than passing the impugned order.
  • Customs: Classification – Used damaged cut rails for melting (melting scrap) – to be classified under CTH 72.04 denying benefit of exemption benefit under Notification No.12/2012 or under CTH 73.02 allowing benefit – the goods are to be classified under CTH 73.02 – exemption allowed.

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 011-233 433 33 Continue reading

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