Aug 112017
 

The payment of GST has been enabled by the GST portal (www.gst.gov.in).

How to make payment of GST is explained below

Download (PDF, Unknown)

Jul 282017
 

The Central Government has notified Central GST (Fourth amendment) Rules 2017.

As per the above amendment, the following are the latest amendments in GST

  • Earlier, the last date for migration of the persons registered under existing law (VAT/Service Tax/Excise) was 30 days from the roll out of GST. This date has been extended upto 30th September 2017 as per this notification.
  • It further amends the rate of exchange (in case of foreign exchange) of curreny other than Indian Rupees, for determination of value

The relevant notification is produced below :

Download (PDF, Unknown)

 

Feb 202017
 

If you have habit of making high value cash purchases (including jewellery/bullion) its time to shell out more money for your purchases.

As per the recent Finance Bill 2017 (which is yet to be passed by the Parliament), you may have to pay TCS (Tax Collected at Source) @ 1% on your Cash purchases exceeding Rs. 200000/-.

Currently, Section 206 C (1D) of the Income-tax Act, 1961 mandates sellers for TCS as follows :-

1) 1% TCS if the sale consideration is in cash for bullion purchases exceeding Rs. 2 Lakhs

2) 1% TCS if the sale consideration is in cash for Jewellery purchases exceeding Rs. 5 Lakhs.

3) 1% TCS if the sale consideration is in cash for any goods other than bullion & jewellery.

The proposed provision in the Finance Act, 2017 (Budget) the classification of “Cash purchases of Jewellery exceeding Rs. 5 Lakhs” is being removed and as a result, any goods purchases exceeding Rs. 2 Lakhs in cash will attract TCS @ 1%

The amendment , if approved by the Parliament will be effective from 1st April 2017.

Nov 082016
 

As you are aware, India is on path for a new tax reform – Goods & Service Tax (GST) which is proposed to be introduced w.e.f. 01st April 2017.

All the existing assessees will be migrated to the new GST Portal for trasacting with the GST portal.

The new GST portal www.gst.gov.in has been launched and the enrolment of the new assessee has already started.

All existing taxpayers of VAT,Service Tax, Central excise are required to get themselves registered in the new GST portal as per the schedule provided.

The Provisional ID of these taxpayers will be communicated by the jurisdictional tax officer.

On receipt of the same, you need to update the profile and upload required documents in the GST portal. On sucessful submission, you will be able to access the GST portal and test its functionalities.

The enrolment schedule for different states are provided below :-

Download (PDF, Unknown)

Dont forget to enrol your business in the new GST portal.

Source :- www.gst.gov.in

 

Sep 062016
 
Know Your Customer Guidelines

(Updated up to September 02, 2016)

(This is a summarised and simplified version of the Reserve Bank of India’s Know Your Customer guidelines.)

Q1. What is KYC? Why is it required?

Response: KYC means “Know Your Customer”. It is a process by which banks obtain information about the identity and address of the customers. This process helps to ensure that banks’ services are not misused. The KYC procedure is to be completed by the banks while opening accounts. Banks are also required to periodically update their customers’ KYC details.

Q2. What are the KYC requirements for opening a bank account?

Response: To open a bank account, one needs to submit a ‘proof of identity and proof of address’ together with a recent photograph.

Q3. What are the documents to be given as ‘proof of identity’ and ‘proof of address’?

Response: The Government of India has notified six documents as ‘Officially Valid Documents’ (OVDs) for the purpose of producing proof of identity. These six documents are Passport, Driving Licence, Voters’ Identity Card, PAN Card, Aadhaar Card issued by UIDAI and NREGA Job Card. You need to submit any one of these documents as proof of identity. If these documents also contain your address details, then it would also be accepted as ‘proof of address’. If the document submitted by you for proof of identity does not contain address details, then you will have to submit another officially valid document which contains address details.

Q4. If I do not have any of the documents listed above to show my ‘proof of identity’, can I still open a bank account?

Response: Yes. You can still open a bank account known as ‘Small Account’ by submitting your recent photograph and putting your signature or thumb impression in the presence of the bank official.

Q5. Is there any difference between such ‘small accounts’ and other accounts

Response: Yes. The ‘Small Accounts’ have certain limitations such as:

  • balance in such accounts at any point of time should not exceed Rs.50,000
  • total credits in one year should not exceed Rs.1,00,000
  • total withdrawal and transfers in a month should not exceed Rs.10,000
  • Foreign remittances cannot be credited to such accounts.

Such accounts remain operational initially for a period of twelve months and thereafter, for a further period of twelve months if the holder of such an account provides evidence to the bank of having applied for any of the officially valid documents within twelve months of the opening of such account.

Q6. Would it be possible, if I do not have any of the officially valid documents, to have a bank account, which is not subjected to any limitations as in the case of ‘small accounts’?

Response: A normal account can be opened by submitting a copy of any one of the following documents as Proof of Identity (PoI):

(i) Identity card with person’s photograph issued by Central/State Government Departments, Statutory/Regulatory Authorities, Public Sector Undertakings, Scheduled Commercial Banks, and Public Financial Institutions;

or

(ii) letter issued by a gazetted officer, with a duly attested photograph of the person.

For Proof of Address (PoA), you may submit the following documents:

  1. Utility bill, which is not more than two months old, of any service provider (electricity, telephone, post-paid mobile phone, piped gas, water bill);
  2. Property or Municipal Tax receipt;
  3. Bank account or Post Office savings bank account statement;
  4. Pension or family Pension Payment Orders (PPOs) issued to retired employees by Government Departments or Public Sector Undertakings, if they contain the address;
  5. Letter of allotment of accommodation from employer issued by State or Central Government departments, statutory or regulatory bodies, public sector undertakings, scheduled commercial banks, financial institutions and listed companies. Similarly, leave and license agreements with such employers allotting official accommodation; and
  6. Documents issued by Government departments of foreign jurisdictions or letter issued by Foreign Embassy or Mission in India.

This, however, is not a general rule and it is left to the judgement of the banks to decide whether this simplified procedure can be adopted in respect of any customer.

Q7. If my name has been changed and I do not have any OVD in the new name, how can I open an account?

Response: A copy of the marriage certificate issued by the State Government or Gazette notification indicating change in name together with a certified copy of the ‘Officially Valid Documents’ in the prior name of the person is to be furnished for opening of account in cases of persons who change their names on account of marriage or otherwise.

Q8. Are banks required to categorise their customers based on risk assessment?

Response: Yes, banks are required to classify their customers into ‘low’, ‘medium’ and ‘high’ risk categories depending on their AML risk assessment.

Q9. Do banks inform customers about this risk categorisation?

Response: No

Q10. If I refuse to provide requested documents for KYC to my bank for opening an account, what may be the result?

Response: If you do not provide the required documents for KYC, the bank will not be able to open your account.

Q11. Can I open a bank account with only an Aadhaar card?

Response: Yes, Aadhaar card is accepted as a proof of both identity and address.

Q12. Is it compulsory to furnish Aadhaar Card for opening an account?

Response: No. you may furnish Aadhaar card or any of the other five OVDs for opening an account.

Q13. What is e-KYC? How does e-KYC work?

Response: e-KYC refers to electronic KYC.

e-KYC is possible only for those who have Aadhaar numbers. While using e-KYC service, you have to authorise the Unique Identification Authority of India (UIDAI), by explicit consent, to release your identity/address through biometric authentication to the bank branches/business correspondent (BC). The UIDAI then transfers your data comprising your name, age, gender, and photograph electronically to the bank. Information thus provided through e-KYC process is permitted to be treated as an ‘Officially Valid Document’ under PML Rules and is a valid process for KYC verification.

Q14. Is introduction necessary while opening a bank account?

Response: No, introduction is not required.

Q15. If I am staying in Chennai but if my proof of address shows my address of New Delhi, can I still open an account in Chennai?

Response: Yes. You can open a bank account in Chennai even if the address in the “Officially Valid Document” is that of New Delhi and you do not have a proof of address for your Chennai address. In such case, you can submit the officially valid document having your New Delhi address, together with a declaration about your Chennai address for communication purposes.

Q16. Can I transfer my existing bank account from one place to another? Do I need to undergo full KYC again?

Response: It is possible to transfer an account from one branch to another branch of the same bank. There is no need to undergo KYC exercise again for such transfer. However, if there is a change of address, then you will have to submit a declaration about the current address. If the address appearing in the ‘Officially Valid Documents’ (OVDs) submitted for proof of address is no longer your valid address (i.e. neither your permanent address nor your current address), you need to get an Officially Valid Document for Proof of Address containing the current or the permanent address and furnish the same within six months. In case of opening an account in another bank, however, you will have to undergo KYC exercise afresh.

Q17. Do I have to furnish KYC documents for each account I open in a bank even though I have furnished the documents of proof of identity and address?

Response: No, if you have opened a KYC compliant account with a bank, other than a ‘small account’, then for opening another account with the same bank, furnishing of documents is not necessary.

Q18. For which banking transactions do I need to quote my PAN number?

Response: PAN number needs to be quoted for transactions such as account opening, transactions above Rs.50,000 (whether in cash or non-cash), etc. A full list of transactions where PAN number needs to be quoted can be accessed from website of Income Tax Department at the following URL:
http://www.incometaxindia.gov.in/_layouts/15/dit/pages/viewer.aspx?grp=rule&cname=CMSID&cval=103120000000007541&searchFilter=&k=114b&IsDlg=0

Q19. Whether KYC is applicable for Credit/Debit cards?

Response: Yes. KYC exercise is necessary for Credit/ Smart Cards and also in respect of add-on/ supplementary cards. Since debit cards are issued only to account holders and accounts are opened only after the KYC procedure is completed, there is no need for separate KYC for issuing debit card.

Q20. I do not have a bank account. But I need to make a remittance. Is KYC applicable to me?

Response: Yes. KYC exercise needs to be done for all those who want to make domestic remittances of Rs. 50,000 and above and all foreign remittances.

Q21. Can I purchase a Demand Draft/Payment Order/Travellers Cheque against cash?

Response: Yes, Demand Draft/Payment Order/Travellers Cheques for below Rs.50,000/- can be purchased against cash and such instruments for Rs. 50000/- and above can be issued only by way of debiting the customer’s account or against cheques.

Q22. Do I need to submit KYC documents to the bank while purchasing third party products (like insurance or mutual fund products) from banks?

Response: Yes, all customers who do not have accounts with the bank (known as walk-in customers) have to produce proof of identity and address while purchasing third party products from banks if the transaction is for Rs.50,000 and above. KYC exercise will not be necessary for bank’s own customers for purchasing third party products. However, instructions to make payment by debit to customers’ accounts or against cheques for remittance of funds/issue of travellers’ cheques, sale of gold/silver/platinum and the requirement of quoting PAN number for transactions of Rs.50,000 and above will be applicable to purchase of third party products from bank by its customers as also to walk-in customers.

Q23. My KYC was completed when I opened the account. Why does my bank insist on doing KYC again?

Response: Banks are required to periodically update KYC records. This is a part of their ongoing due diligence on bank accounts. The periodicity of such updation varies from account to account depending on its risk categorisation by the bank. Periodic updation of records also helps prevent frauds in customer accounts.

Q24. What are the rules regarding periodic updation of KYC?

Response: Different periodicities have been prescribed for updation of KYC records depending on the risk perception of the bank. KYC is required to be done at least once in two years for high risk customers, once in eight years for medium risk customers and once in ten years for low risk customers. This exercise would involve all formalities for KYC normally taken at the time of opening the account.

While periodic updation of KYC has to be carried out in respect of customer categorised as ‘low risk’ also, if there is no change in status with respect to the identity (change in name, etc.) and/or address of such customers the banks may ask such customers to submit only a self-certification about ‘no-change in status’ at the time of periodic updation. Banks may not ask such customers to submit copies of ‘Officially Valid Documents’ for periodic updation.

In case of change of address of such ‘low risk’ customers, they could merely forward a certified copy of the document (proof of address) by mail/post, etc. Physical presence of such low risk customer is not required at the time of periodic updation.

Customers who are minors have to submit fresh photograph on becoming major.

Q25. What if I do not provide the KYC documents at the time of periodic updation?

Response: If you do not provide your KYC documents at the time of periodic updation, bank has the option to close your account. Before closing the account, the bank may, however, impose ‘partial freezing’ (i.e. initially allowing all credits and disallowing all debits while giving an option to you to close the account and take your money back). Later, even credits also would not be allowed. The ‘partial freezing’ however, would be exercised by the bank after giving you due notice.

Q26. How is partial freezing imposed?

Response: Partial freezing is imposed in the following ways:

  • Banks have to give due notice of three months initially to the customers before exercising the option of ‘partial freezing’.
  • After that a reminder for further period of three months will be issued.
  • Thereafter, banks shall impose ‘partial freezing’ by allowing all credits and disallowing all debits with the freedom to close the accounts.
  • If the accounts are still KYC non-compliant after six months of imposing initial ‘partial freezing’ banks shall disallow all debits and credits from/to the accounts, classifying them inoperative.

Meanwhile, the account holders can revive accounts by submitting the KYC documents.

Source :- www.rbi.org.in

Aug 312016
 

Since there was a revision in the Annual forms AOC -4, and to give sufficient time to the stakeholders regarding the content of the forms, the Ministry of Corporate Affairs has extended the last date for filing the Annual Returns and Financial statements which will become due on or after 01st April 2016 , to 29 th October 2016.

Accordingly, these Annual returns and Financial Statements (AOC 4 & MGT 7) can be filed upto 29th October 2016 without any additional fees.

The relevant notification from MCA is attached herewith

Download (PDF, Unknown)

May 262016
 

In order to finance and promote the initiatives and to improve welfare of the farmer and agriculture, the Government of India has introduced a new cess namely “Krishi Kalyan Cess”.

The Krishi Kalyan Cess (KKC) will be levied @ 0.5% on the value of all taxable services.

This is effective from 1st June 2016.

In view of the same, the effective rate of Service tax will be increased from 14.5% to 15%.

This levy of Krishi Kalyan Cess is in addition to Service Tax and Cess already being charged.

As per the announcement , the KKC is Cenvatable. But the relevant amendment to Cenvat Credit rules is not yet done and expected in due course.

The Illustration below will show how the KKC to be calculated :-

Value of Taxable Service (A)                       Rs. 10000/-

Add :- Service Tax @ 14% on (A)               Rs.   1400/-

Add :- Swatch Bhrarat Cess @ 0.5%

(SBC)     on (A)                               Rs.       50/-

Add :- KKC @ 0.5% on (A)                          Rs.       50/-

                Total                                                            Rs. 11500/-

Effective rates under the Abatement Notification No. 26/2012-ST dated June 20, 2012 as amended

Sl. No.Description of taxable serviceTaxable per cent (%)Effective rate of ST: 1.06.2016 (after Introduction of KKC @ 0.5%)(%)
1Financial leasing including hire purchase10%1.5%
(15%*10%)
2Transport of goods by rail (other than service specified at Sl. No. 2A below)30%4.5%
(15%*30%)
2ATransport of goods in containers by rail by any person other than Indian Railways40%6%
(15%*40%)
3Transport of passengers, with or without accompanied belongings by rail30%4.5%
(15%*30%)
4Bundled services by way of supply of food or any other article of human consumption or any drink, in a premises together with renting of such premises70%10.5%
(15%*70%)
5Transport of passengers by air, with or without accompanied belongings in –

(i) Economy Class


(ii) Other than Economy Class

40%


60%

6%
(15%*40%)

9%
(15%*60%)
6Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes60%9%
(15%*60%)
7Services of goods transport agency in relation to transportation of goods other than used household goods30%4.5%
(15%*30%)
7AServices of goods transport agency in relation to transportation of used household goods40%6%
(15%*40%)
8Services provided by a foreman of chit fund in relation to chit70%10.5%
(15%*70%)
9Renting of motorcab40%6%
(15%*40%)
9ATransport of passengers, with or without accompanied belongings, by-

a) a contract carriage other than motorcab

b) a radio taxi

40%
6%
(15%*40%)
10Transport of goods in a Vessel30%4.5%
(15%*30%)
11Services of Tour Operation in relation to

(i) a tour, only for the purpose of arranging or booking accommodation for any person

(ii) tours other than (i) above
10%


30%
1.5%
(15%*10%)

4.5%
(15%*30%)
12Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly except where entire consideration is received after issuance of completion certificate by the competent authority30%4.5%
(15%*30%)

Effective rates under the Reverse Charge Notification No. 30/2012-ST dated June 20, 2012 as amended

Sl NoDescription of a serviceEffective rate of ST payable by the SP & SR: 01.06.2016 (after Introduction of KKC @ 0.5%) (%)
1Services provided or agreed to be provided by an insurance agent to any person carrying on insurance businessSP: Nil
SR: 15
1AServices provided or agreed to be provided by a recovery agent to a banking company or a financial institution or a non-banking financial companySP: Nil
SR: 15
1BServices provided or agreed to be provided by a mutual fund agent or distributor, to a mutual fund or asset management companyNA
1CServices provided or agreed to be provided by a selling or marketing agent of lottery tickets to a lottery distributor or selling agent of the State GovernmentSP: Nil
SR: 15
2Services of goods transport agency in relation to transportation of goods other than used household goods.After availment of 70% abatement:
SP: Nil
SR: 4.5 (i.e. 15%*30%)
3Services provided or agreed to be provided by way of sponsorship to any body corporate or partnership firm located in the taxable territorySP: Nil
SR: 15
4Services provided or agreed to be provided by an arbitral tribunalSP: Nil
SR: 15
5Services provided or agreed to be provided by a firm of advocates or an individual advocate other than a senior advocate by way of legal servicesSP: Nil
SR: 15
5AServices provided or agreed to be provided by a director of a company or a body corporate to the said company or the body corporateSP: Nil
SR: 15
6Any Services (w.e.f. 01.04.2016)/ Support services (till 31.03.2016) provided or agreed to be provided by Government or local authority excluding,- (1) renting of immovable property, and (2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of Section 66D of the Finance ActSP: Nil
SR: 15%
7(a) Services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on abated value to any person who is not engaged in the similar line of business

(b) Services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on non-abated value to any person who is not engaged in the similar line of business
After availment of 60% abatement:
SP: Nil

SR: 6

(15%*40%)





Without availment of 60% abatement:
SP: 7.5(15%*50%)

SR: 7.5(15%*50%)

- See more at: http://taxguru.in/service-tax/service-tax-rate-chart-effect-01062016.html#sthash.KiX6PFpG.dpuf
8Services provided or agreed to be provided by way of supply of manpower for any purpose or security servicesSP: Nil
SR: 15
9Services provided or agreed to be provided in service portion in execution of works contract: -

In case of Original Work

In all other cases

SP: 3 {50% of (15%*40%)}
SR: 3 {50% of (15%*40%)}



SP: 5.25 {50% of (15%*70%)}
SR: 5.25 {50% of (15%*70%)}

10Any taxable services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territorySP: Nil
SR: 15
11Any service provided or agreed to be provided by a person involving an aggregator in any mannerSP: Nil
SR: 15
May 022016
 

The following are the Various Statutory Obligations for the month of May 2016.

Payment of Service Tax

The last date for Payment of Service tax pertaining to the month of April 2016 is 5th of May 2016. In case of e-payment, the due date is 6th of May 2016.

In case of payment by Challan GAR 7, click here to download the Challan

In case of e-payment of Service Tax, Click here to make the payment online.

Remittance of Tax Deduction at source

The due date for remitting Tax Deducted at Source (TDS) on Salary & Non-salary payments during the month of Apr 2016 is 7th of May 2016.

Click here to pay the TDS online.

 Monthly Return and Payment of Tax under TNVAT

The monthly returns filing and the payment of TNVAT has to be complied on or before 20th of May for the month of April 2016.

 Quarterly Return of TDS for the Quarter Ending March 2016

The Quarterly returns (Form 24Q/26Q/27EQ) pertaining to the quarter ended March 2016 (Jan-Mar 2016) has to be filed on or before 15th of May 2016.

Issue of TDS Certificates

TDS Certificates in Form 16A (Other than salaries) for the Quarter ended March 2016 shall be issued on or before 30th of May 2016

TDS Certificates in Form 16 (Salaries) for the financial year 2015-16 shall be issued on or before 31th of May 2016

Click here to send your enquiries/suggestions , if any.

Nov 152015
 

Swachh Bharat Cess (SBC) is effective from today (Nov 15, 2015).

Please Note the following :-

  1. SBC to be shown and charged Separately in the Service Invoice.
  2. Service Tax will be @ 14% & SBC  will @ 0.5%. Both needs to be shown separately in the Invoice. Do not show the Service Tax as 14.5%.
  3. As of now, there is no amendment passed in the CENVAT Credit rules. Hence, SBC Cannot be taken credit for payment of Service tax using CENVAT Credit.
  4. The Accounting Codes Notified are are follows in respect of SBC

i) Swacch Bharat Cess  – 0044-00-506 (Minor Head)

ii) Tax Collection – 00441493

iii) Other Receipts – 00441494

iv) Penalties – 00441496

 

Contact us @ 91-44-45540180 / 91-91505 75680. For Quick Response email :- sridharca@gmail.com

Subscribe to our email alerts and get updates on taxation,company law,VAT,RBI Guidelines, Service Tax, etc., instantly in your mail box..
LinkedIn Auto Publish Powered By : XYZScripts.com

Subscribe to our Email alerts for getting regular updates on Income-tax, Corporate Law, Tax Planning, VAT , Service Tax,Investments, RBI Guidelines, VAT Laws , etc.,

Enter your email address: Delivered by FeedBurner   
%d bloggers like this: