Saturday 31 August 2013

PM’s statement on the current economic situation in the country

Following is the text of the Prime Minister, Dr. Manmohan Singh’s statement in the Lok Sabha, on the current economic situation in the country:

“The movement of the exchange rate of the Indian Rupee recently has been a matter of concern. The Rupee has depreciated sharply against the dollar since the last week of May. There are concerns, and justifiably so, of the impact this would have on our economy.

What triggered the sharp and sudden depreciation was the markets’ reaction to certain unexpected external developments. On May 22, 2013, the US Federal Reserve Bankindicated that it would soon ‘taper’ its quantitative easing as the US economy was recovering. This led to a reversal of capital flows to emerging economies which are now sharply pulling down not just the Rupee, but also the Brazilian Real, the Turkish Lira, the Indonesian Rupiah, the South African Rand and many other currencies.

While global factors such as tensions over Syria and the prospect of U.S. Federal Reserve tapering its policy of quantitative easing have caused general weaknesses in emerging market currencies, the rupee has been especially hit because of our large current account deficit and some other domestic factors. We intend to act to reduce the current account deficit and bring about an improvement in the functioning of our economy.

In 2010-11 and the years prior to it, our current account deficit was more modest and financing it was not difficult, even in the crisis year of 2008-09. Since then, there has been a deterioration, mainly on account of huge imports of gold, higher costs of crude oil imports and recently, of coal. On the export side, weak demand in our major markets has kept our exports from growing. Exports have been further hit by a collapse in iron ore exports. Taken together, these factors have made our current account deficit unsustainably large.

Clearly we need to reduce our appetite for gold, economise in the use of petroleum products and take steps to increase our exports.

We have taken measures to reduce the current account deficit. The Finance Minister has indicated that it will be below $ 70 billion this year, and we will take all possible steps to ensure that outcome. These are already showing results with a declining trade deficit in both June and July. The Government is confident that we will be able to lower our current account deficit to $70 billion. Our medium term objective is to reduce the current account deficit to 2.5% of our GDP. Our short term objective is to finance the current account deficit in an orderly fashion. We will make every effort to maintain a macro economic framework friendly to foreign capital inflows to enable orderly financing of the current account deficit.

Coming back to the effects of the Rupee depreciation, we must realise that part of this depreciation was merely a needed adjustment. Inflation in India has been much higher than in the advanced countries. Therefore, it is natural that there has to be a correction in the exchange rate to account for this difference. To some extent, depreciation can be good for the economy as this will help to increase our export competitiveness and discourage imports.

There are many sectors which are regaining competitiveness in export markets as a result of the fall in the exchange rate. Over the next few months, I expect the effects of this to be felt more strongly, both in exports and in the financial position of exporting sectors. This in itself would correct the current account deficit to some extent.

However, foreign exchange markets have a notorious history of overshooting. Unfortunately this is what is happening not only in relation to the Rupee but also other currencies.

The RBI and Government have taken a number of steps to stabilize the rupee. Some measures have given rise to doubts in some quarters that capital controls are on the horizon. I would like to assure the House and the world at large, that the Government is not contemplating any such measures. The last two decades have seen India grow as an open economy and we have benefitted from it. There is no question of reversing these policies just because there is some turbulence in capital and currency markets. The sudden decline in the exchange rate is certainly a shock, but we will address this through other measures, not through capital controls or by reversing the process of reforms. The Finance Minister has clarified this matter at length, and I take this opportunity to reaffirm our position.

Ultimately, the value of the rupee is determined by the fundamentals of our economy. While we have taken a number of actions to strengthen those fundamentals, we intend to do more.

Growth has slowed down in recent quarters. I expect growth in the first quarter of 2013-14 to be relatively flat, but as the effects of the good monsoon kick in, I expect it to pick up. There are many reasons for this optimism. The decisions of the Cabinet Committee on Investment in reviving stalled projects will start bearing fruit in the second half of the year. The full effects of the growth friendly measures that have been taken over the last six months, such as liberalizing norms for Foreign Direct Investment, resolution of some tax issues of concern to industry and fuel subsidy reform will come into play over the year resulting in higher growth particularly in manufacturing. Exports are also starting to look up as the growth performance of the rest of the world is showing signs of improvement. So I believe growth will pick up in the second half of the fiscal year barring extreme unforeseen eventualities.

There are questions about the size of the fiscal deficit. The government will do whatever is necessary to contain the fiscal deficit to 4.8% of GDP this year. The most growth-friendly way to contain the deficit is to spend carefully, especially on subsidies that do not reach the poor, and we will take effective steps to that end.

Inflation measured by the Wholesale Price Index has been coming down, even though inflation measured by the Consumer Price Index is still too high. The depreciation of the rupee and rise in dollar prices of petroleum products will no doubt lead to some further upward pressure on prices. The Reserve Bank will therefore continue to focus on bringing down inflation. The favourable monsoon and the anticipated good harvest will help bring down food prices and ease the task of controlling inflation.

All in all, the macro-stabilization process which should support the value of the rupee is under way. I expect that as the fruits of our efforts materialize, currency markets will recover.

Even while we go about doing what is necessary, it is important to recognize that the fundamentals of the Indian economy continue to be strong. India’s overall public-debt to GDP ratio has been on a declining trend from 73.2% of GDP in 2006-07 to 66% in 2012-13. Similarly, India’s external debt is only 21.2% of our GDP and while short-term debt has risen, it stands at no more than 5.2% of our GDP. Our foreign exchange reserves stand at US$278bn, and are more than sufficient to meet India’s external financing requirements.

Many foreign analysts worry about banking problems that may arise in the wake of the currency crisis. The Indian banking sector has seen some rise in bad loans. The question that needs to be asked is whether there is a liquidity problem or a solvency problem for the borrowers. My belief is that there is a liquidity problem. Many of the projects are not unviable but only delayed, in contrast to the overbuilding that has characterized the banking sector problems in many other countries. As these projects come on stream, they will generate revenue and repay loans. Our banks are fortunately well capitalized much above the Basel norms and they have the capacity to provide for any non-performing assets until those assets are turned around.

The easy reforms of the past have been done. We have the more difficult reforms to do such as reduction of subsidies, insurance and pension sector reforms, eliminating bureaucratic red tape and implementing Goods and Services Tax. These are not low hanging fruit and they need active political consensus.

It is here that I urge Honourable Members across the political spectrum to reflect on the need of the hour. Many laws that are necessary are held up for lack of political consensus. Reforms such as the Goods and Services Tax, which everyone agrees is essential to restore growth and boost revenues, require States to come to an agreement. We need to forge consensus on such vital issues. I urge political parties to work towards this end and to join in the government’s efforts to put the economy back on the path of stable, sustainable growth.

There may be short term shocks to our economy and we need to face them. That is the reality of operating in a globalised economy, whose benefits we have reaped over the last 15 to 20 years. We will need to ensure that the fundamentals of the economy remain strong so that India continues to grow at a healthy rate for many years to come. That we will ensure. We are no doubt faced with important challenges, but we have the capacity to address them. It is at times like these that the nation shows what it is truly capable of.”

Deductor Not responsible for non-mention PAN of Deductee in TDS Certificate.


As per Income Tax rulings regarding issuing of Form-16, or 16A Deductors are not responsible for non-mention of payee’s PAN in it. In the other words we can say if the TDS Deductee or Taxpayee not provided his PAN before issuing Form-16, or 16A there is no penalty on deductor for non-mention payee's PAN in there.

The following points are clarify the same -

If payee doesn't furnish his PAN to deductor as required by section 139A(5A), deductor can't be penalized under section 139A(5B) read with section 223B(1) for not mentioning payee's PAN in TDS certificate issued to payee in Form 16A.
Where there is nothing on record to show that contractors to whom certain amounts were paid by asssessee after deducting TDS under section 194C/194J had intimated their PANs to assessee (deductor) as required by section 139A(5A), penalty can't be imposed on assessee (deductor) under section 272B(1) for non-mention of the PANs of the contractors(payees) in Form 16A TDS certificates issued to them.
Default by contractors (payees) in furnishing their PANs to assessee (deductor) as per the requirements of section 139A(5A) is "sufficient cause" within the meaning of section 273B for deductor's contravention of section 139A(5B) ( failing to mention PANs of payee-contractors on their TDS certificates in Form 16A issued to payee-contractors). In view of this sufficient cause, no penalty imposable

Due Date of Service Tax Return Oct. 2012 to March 2013 Extended

The due date of filing Service Tax Return (ST-3) for the period October'12 to March'13 has been extended by ten days. The last late for filing the return now is 10th September 2013.
 
The same will be updated on site of CBEC soon.

Wednesday 28 August 2013

Members facing difficulty in registering themselves as “Tax professionals” in the e-filing portal



KIND ATTENTION- Members facing difficulty in registering themselves as “Tax professionals” in the e-filingportal

As the members are aware, e-filing of Tax Audit Reports has been made mandatory from the AY 2013-14 onwards vide Notification No. 34/2013 dated 01-05-2013. In order to e-file TaxAudit Report a Chartered Accountant requires to register himself in the e-filingportal as a “Tax professional”.

The Direct Taxes Committee of ICAI has been intimated that issues are being faced by the members in registering themselves in e-filing portal due to mismatch of their Date of Birth and/or name. This mismatch may be on account of various reasons like wrong date of Birth in PAN, wrong date of Birth in ICAI records, different name in the PAN vis-a-vis ICAI records etc.

In order to successfully register in the e-filing portal, members facing such issues are required to get the Date of Birth or name corrected if the same is required, so that there is no mismatch in future. For example, if the date of birth mentioned as per educational records ( noted by ICAI) is not the date of birth mentioned in PAN card, the procedure to change the Date of Birth in PAN card is required to be followed. Also, if the name mentioned in ICAI records is different than members name mentioned in PAN card due to change of name post marriage or punching error etc., the procedure for change of name in ICAI records or PAN card, as the case may be, is required to be followed.

A- In case of mis-match in name
The member can change his name by furnishing an Affidavit duly sworn before 1st class magistrate/notary public stating the correct name member desires to be recorded by ICAI.

B- In case of mis-match in date of birth:

1. The date of birth recorded in the ICAI, based on the educational records, will not be changed. In such cases the date of birth mentioned in PAN card needs to be rectified by the member concerned.
2. Pending rectification in the PAN card, the member can furnish the following documents to the Institute:



(a) Self attested copy of the existing PAN card.

(b) Self attested copy of application submitted for rectification in PAN card.

(c) Undertaking by member to furnish the rectified copy of PAN card to the Institute on or before 15th December, 2013.

3. The documents mentioned in para (2) above are to be submitted to the concerned decentralized office of ICAI, in hard copy or soft copy (digitally signed) to the following respective email ids:


Decentralized office Email Id


WIRC wromem@icai.in


SIRC sromem@icai.in


EIRC eromem@icai.in


CIRC cromem@icai.in


NIRC nromem@icai.in


Thereafter, the Institute will take on record the PAN of the member and in turn send it to DGIT (Systems).

4. Upon receipt of PAN of the member from the ICAI, the member will be permitted to be registered as “Tax professional” in the e-filing portal. It will take around 5 working days for a member to registerhimself as Tax Professional after submitting the information to the ICAI.

In case, the member, after giving declaration for filing the rectified PAN with ICAI does not provide a self attested copy of the changed PAN card by 15th December 2013, to ICAI without any reasonable cause, the same may result in unfavorable consequences for giving wrong undertaking in this regard.

PLEASE NOTE: To facilitate smooth e-filing of tax audit reports this facility is available only upto 30thSeptember, 2013.

Friday 23 August 2013

2.35 Lakh Companies are Defunct as on 31.03.2012



Fast Track Exit Mode for Defunct Companies


The Ministry of Corporate Affairslaunched “Fast Track Exit Mode” on 03.07.2011 to provide an opportunity for defunct companies under Section 560 of the Companies Act, 1956 for getting their names struck off from the registerof companies, to facilitate the exit of such defunct companies without getting into the process of winding up. Giving this information in written reply to a question in the Lok Sabha, Shri Sachin Pilot, Minister of Corporate Affairs, said that the Companies Bill 2013 recently passed by both houses of Parliament has a provision (Clause 455) which introduces a new concept of ‘dormant companies’. Such companies which do not have significant accounting transactions are permitted to obtain the status of a ‘dormant company’.

The number of defunct companies during last three years and companies who have so far availed Fast Track Exit Mode are tabulated as under:

Year
Number of Defunct Companies
31.12.2010
1,75,804
31.12.2011
2,20,906
31.12.2012
2,35,485
-
Year
Number of Companies (availed FTE Mode for striking off their names)
31.12.2011
2752
31.12.2012
7611
31.07.2013
8830

Income Tax Department Amends Form 15CB & Form 15CA


In exercise of the powers conferred by sub-section (6) of section 195 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—

1. (1) These rules may be called the Income-tax (12th Amendment) Rules, 2013.

(2) They shall come into force on the 1st day of October, 2013.

2. In the Income-tax Rules, 1962 (hereafter referred to as the said rules), for rule 37BB, the following rule shall be substituted, namely:—

“37BBFurnishing of information by the person responsible for making payment to a non-resident, not being a company, or to a foreign company—(1) The person responsible for making any payment to a non-resident, not being a company, or to a foreign company shall furnish the following, namely:—

(i)
the information in Part A of Form No.15CA, if the amount of payment does not exceed fifty thousand rupees and the aggregate of such payments made during the financial year does not exceed two lakh fifty thousand rupees;
(ii)
the information in Part B of Form No.15CA , if the payment is not chargeable to tax and is of the nature specified in column (3) of the specified list ;
(iii)
the information in Part C of Form No.15CA for payments other than the payments referred in clause (i) and clause (ii) after obtaining—
(a)
a certificate in Form No. 15CB from an accountant as defined in the Explanation below sub-section (2) of section 288; or
(b)
a certificate from the Assessing Officer under section 197; or
(c)
an order from the Assessing Officer under sub-section (2) or sub-section (3) of section 195.

(2) The information in Form No. 15CA shall be furnished by the person electronically to the website designated by the Income-tax Department and thereafter signed printout of the said form shall be submitted to the authorised dealer, prior to remitting the payment.

(3) An income-tax authority may require the authorised dealer to furnish the signed printout referred to in sub-rule (2) for the purposes of any proceedings under the Act.

(4) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture, transmission of data and shall also be responsible for the day-to-day administration in relation to furnishing the information in the manner specified.

Explanation. - For the purposes of this rule,—

(a)
‘authorised dealer’ means a person authorised as an authorised dealer under sub-section (1) of section 10 of the Foreign Exchange Management Act, 1999 (42 of 1999);
(b)
the specified list refers to the payments of the nature as indicated below:

SPECIFIED LIST

Sl.No.
Purpose code as per RBI
Nature of payment
(1)
(2)
(3)
1
S0001
Indian investment abroad -in equity capital (shares)
2
S0002
Indian investment abroad -in debt securities
3
S0003
Indian investment abroad -in branches and wholly owned subsidiaries
4
S0004
Indian investment abroad -in subsidiaries and associates
5
S0005
Indian investment abroad -in real estate
6
S0011
Loans extended to Non-Residents
7
S0101
Advance payment against imports
8
S0102
Payment towards imports-settlement of invoice
9
S0103
Imports by diplomatic missions
10
S0201
Payments for surplus freight or passenger fare by foreign shipping companies operating in India.
11
S0202
Payment for operating expenses of Indian shipping companies operating abroad.
12
S0203
Freight on imports – Shipping companies
13
S0204
Freight on exports – Shipping companies
14
S0206
Booking of passages abroad – Shipping companies
15
S0208
Operating expenses of Indian Airlines companies operating abroad
16
S0209
Freight on imports – Airlines companies
17
S0212
Booking of passages abroad – Airlines companies
18
S0213
Payments on account of stevedoring, demurrage, port handling charges etc.
19
S0301
Remittance towards business travel.
20
S0302
Travel under basic travel quota (BTQ)
21
S0303
Travel for pilgrimage
22
S0304
Travel for medical treatment
23
S0305
Travel for education (including fees, hostel expenses etc.)
24
S0401
Postal services
25
S0501
Construction of projects abroad by Indian companies including import of goods at project site
26
S0601
Payments for life insurance premium
27
S0602
Freight insurance – relating to import and export of goods
28
S0603
Other general insurance premium
29
S1011
Payments for maintenance of offices abroad
30
S1201
Maintenance of Indian embassies abroad
31
S1202
Remittances by foreign embassies in India
32
S1301
Remittance by non-residents towards family maintenance and savings
33
S1302
Remittance towards personal gifts and donations
34
S1303
Remittance towards donations to religious and charitable institutions abroad
35
S1304
Remittance towards grants and donations to other governments and charitable institutions established by the governments.
36
S1305
Contributions or donations by the Government to international institutions
37
S1306
Remittance towards payment or refund of taxes.
38
S1501
Refunds or rebates or reduction in invoice value on account of exports
39
S1503
Payments by residents for international bidding”.

3. In the said rules, in Appendix II, for Form No.15CA and Form No. 15CB, the following Forms shall be substituted, namely:-

FORM NO. 15CA (See rule 37BB)Information to be furnished for payments to a non-resident not being a company, or to a foreign company



Form No. 15CB(See rule 37BB)Certificate of an accountant 1

Face jail and pay fine, if you have not filed income tax returns




Those defaulting in filing income tax returns are liable to prosecution, the I-T department has said. If the tax evaded exceeds Rs 25 lakh, the defaulter can be sentenced to a minimum imprisonment of six months and maximum of seven years, besides being asked to pay a fine. If the tax evasion amount is less than Rs 25 lakh, the imprisonment could range between three months to two years in addition to fine.

Recently, the additional chief metropolitan magistrate, New Delhi, sentenced a taxpayer to six months’ imprisonment in one assessment year and one year imprisonment in subsequent assessment year for repeating the offense of not filing income tax returns.

At Taxmantra.com, we provide one-to-one Personalized Income Tax return Filing Services to help tax payers in addressing their tax issues and also in filing of their income tax returns. You can look to visit our Online ITR Filing Page.

Thursday 22 August 2013

Creation of HUF – Tax Planning Advantage



“Tax Planning’ is an important agenda of any individual. People often end up paying taxes even after exhausting their limits under Section 80C, 80 D and so on. However, do you know that a very important tool which is often overlooked, is formation of a HUF, which is a legitimate way of reducing your tax liability.

What is a HUF?

HUF stands for Hindu Undivided family, governed under Hindu law board and could be formed by a married couple or by members of a joint family. HUF could be formed by two members, at least one among whom should be a male member of the family. Senior most male member of the family would become ‘Karta’. Although it is governed by the Hindu law board, it can be formed by Jains, Sikhs and Buddhists as well.

Tax perspective

HUF is considered as a separate entity and is therefore taxed separately. This helps to separate tax obligations of an individual from that of his family. Tax slabs of HUF are same as that of an individual, with an exemption limit of 2 lakhs and qualifies for all the tax benefits under Section 80 C, 80D,80G,80L and so on.It also enjoys exemptions under Section 54 and 54F with respect to capital gains.

How to create HUF?

HUF has to be created keeping in mind the legal and financial requirements.
Legal requirement – A HUF is created through executing a deed, getting HUF PAN and opening a bank A/c in the name of HUF. The cost of creating a HUF is a few thousands of rupees.
Capital Infusion- HUF corpus can be created with money received as gifts from relatives or with assets received under a will or inheritance, as it enjoys tax exemption.

Caution should be taken that personal assets and funds are not transferred to the HUF account, as income generated from it shall later be clubbed under personal income under Section 64 (2).


How it works?

Although Salaried individual cannot divert his salary income into HUF, he can get a leverage if he plans to earn additional income and can do it in the name of a HUF, thereby reducing his taxable income. Suppose, an individual has a salary income of Rs. 12 Lakhs and is earning additional business income of 6 Lakhs. Now, if he creates an HUF and does business in the name of a HUF, then this total income will be taxable under HUF and he could reduce his tax liability after availing benefits under various sections which would otherwise not be allowed, had he earned it in his own name.

Apart from above, below are additional non-exhaustive techniques of reducing tax liability through HUF.

1) Rental Income from a property – Rental income from a property could be received on behalf of a HUF instead of an individual account.

2) Business Income – Profits generated out of the family business, in the name of a HUF, shall be taxed accordingly and exemptions will give more leverage on tax saving.

3) The remuneration to Karta and members – Remuneration to Karta and other family members is an allowable deduction from income of an HUF.

4) Loan to HUF members - If the business, capital or investment of the HUF is expanding, then such expansion can be done in the individual names of the members of HUF by giving loans to the members from the HUF. The HUF may or may not charge interest on the loans given.

5) Family Settlement or Arrangement - The sole purpose of the family settlement should be to settle existing or future disputes regarding property, amongst the members of the family. Since this arrangement does not involve transfer, it would not attract gift tax, capital gains tax or clubbing. In a family arrangement, tax incidence is considerably reduced or it may even become nil.

Hence, setting up of an HUF can definitely help reduce tax liability, however, HUF transactions should be carefully thought through and planned properly so as to face the precision of income-tax scrutiny given the fact that tax authorities are skeptic towards HUF returns.

Who can Audit the Accounts of Co-Operative Societies / Banks in Maharashtra



As per Section 81 , Clause 50 of Maharashtra Co-operative Societies (Amendment) Act, 2013 as passed by The Government of Maharashtra recently the following can do the Audit of Co-Operative Societies and Cooperative Banks in Maharashtra :-

For the purposes of section 81 , the expression, “possessing required qualifications” for being included in the panel duly approved by the State Government or an authority authorised by the State Government in this behalf, from time to time, shall mean and include—

(a) a person who is a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949, who has a fair knowledge of the functioning of the societies and an experience of at least one year in auditing of societies with a working knowledge of Marathi language;

(b) an auditing firm which is a firm of more than one Chartered Accountants within the meaning ofthe Chartered Accountants Act, 1949, who have a fair knowledge of the functioning of the societies with a working knowledge of Marathi language;

(c) a certified auditor, who is a person holding a Degree from a recognised University and also has completed a Government Diploma in Co-operation and Accountancy and who has a fair knowledge of the functioning of the societies and an experience of at least three years in auditing of societies with a working knowledge of Marathi language;

(d) a Government Auditor, who is an employee of the Co-operation Department of the State, possessing the Higher Diploma in Co-operative Management or the Diploma in Co-operative Audit or Government Diploma in Co-operation and Accountancy with a working knowledge of Marathilanguage and who has completed the period of probation successfully

Monday 12 August 2013

Finance Ministry detects over Rs 2,150 crore in tax evasion

Finance Ministry detects over Rs 2,150 crore in tax evasion
Efforts by the Finance Ministry to check revenue leakage have resulted in a detection of
of over Rs 2,158 crore in direct and indirecttaxes evasion in the last quarter of 2012‐13.
The detection came through a unique initiative of online monitoring system of
suspicioustransactions, named 'Virtual Office', which wasset up by the ministry earlier
this year for real‐time coordination among revenue intelligence agencies and
dissemination of variousinputs pertaining tomovement ofillegalfunds.
The Central Board of Direct Taxes(CBDT) has detected unaccounted income and assets
of Rs 1,408 crore using this platform.
The Directorate General of Central Excise Intelligence (DGCEI) and Directorate General
of Revenue Intelligence (DGRI), two leading agencies under the Central Board of Excise
and Custom(CBEC), have together detected indirecttax evasion of atleast Rs 750 crore,
according to an official document.
These agencies, which are part of the Virtual Office programme, detected the evasion
after following up the leadsin form of Suspicious Transaction Reports(STRs) passed on
to them by Financial Intelligence Unit (FIU), an agency tasked with analysing and
disseminating information relating to dubiousfinancial exchanges.
BothDGCEI andDGRI have also effected a recovery of Rs 46.71 crore, on the basis ofthe
STRs generated by the FIU, through Virtual Office. The CBDT hasseized assets worth Rs
21 crore,the documentsaid.
An STR is a transaction of Rs 10 lakh and above believed to be proceeds of crimes
including drug trafficking and blackmoney.
The Virtual Office was set up in January to monitor the feedback on the STRs
disseminated by FIU‐Ind, which is also providing administrative supportto it.
(Financial Express)

Change in PAN card details: Things to know

Change in PAN card details: Things to know
The permanent account number (PAN) has to be quoted in the income tax
returns and for various financial transactions, such as investments, and
purchase/sale of property. As such it should be updated at all times. In case of
an error in the photo or signature mismatch, the holder must ensure that a new,
revised card bearing the same number is issued with the changes.
Application form The applicants have to fill the online 'Request for new PAN
card and/or changes or correction in PAN data form' on the NSDL website
(www.tin-nsdl.com). The holder must check the box on the left where the
change/correction is required.
Acknowledgement: An acknowledgement screen will be displayed on
submission, which the applicant must save, print and sign. The applicant must
affix two colour photographs on this.
Documents: It is mandatory to provide identity and address proofs with the
change request. Any changes or corrections in the card details should be
supported by relevant documents, as required by the income tax rules.
Fee: The fee for processing the change request is Rs 85, besides the applicable
service tax. It can be paid through demand draft, cheque, credit/debit card or via
Net banking.
Points to note
> If one loses a PAN card and is applying for a new one, all the columns in the
application form must be filled without ticking any box in the left margin. A copy of
an FIR must also be submitted along with the form.
> The acknowledgement, payment and documents should reach NSDL within 15
days of filing the online application.
The content on this page is courtesy Centre for Investment Education and
Learning (CIEL). Contributions by Girija Gadre and Arti Bhargava.
(Economic Times)

Friday 9 August 2013

15 CA & 15 CB

CBDT has Revised the form 15CA and Form 15CB related to Furnishing of information by the person responsible for making payment to a non-resident, not being a company, or to a foreign company vide notification No. 58/2013dated 05.08.2013 , It has also revisedrule 37Bb related to same . TheseRevised forms and amendments shall come into force on the 1st day of October, 2013.



[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART II,

SECTION 3, SUB-SECTION (ii)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

CENTRAL BOARD OF DIRECT TAXES

NOTIFICATION NO. 58/2013

DATED 5-8-2013

SO 2363(E) – In exercise of the powers conferred by sub-section (6) of section 195 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—

1. (1) These rules may be called the Income-tax (12th Amendment) Rules, 2013.

(2) They shall come into force on the 1st day of October, 2013.

2. In the Income-tax Rules, 1962 (hereafter referred to as the said rules), for rule 37BB, the following rule shall be substituted, namely:—

“37BB. Furnishing of information by the person responsible for making payment to a non-resident, not being a company, or to a foreign company—(1) The person responsible for making any payment to a non-resident, not being a company, or to a foreign company shall furnish the following, namely:—

(i) the information in Part A of Form No.15CA, if the amount of payment does not exceed fifty thousand rupees and the aggregate of such payments made during the financial year does not exceed two lakh fifty thousand rupees;

(ii) the information in Part B of Form No.15CA , if the payment is not chargeable to tax and is of the nature specified in column (3) of the specified list ;

(iii) the information in Part C of Form No.15CA for payments other than the payments referred in clause (i) and clause (ii) after obtaining—

(a) a certificate in Form No. 15CB from an accountant as defined in the Explanation below sub-section (2) of section 288; or

(b) a certificate from the Assessing Officer under section 197; or

(c) an order from the Assessing Officer under sub-section (2) or sub-section (3) of section 195.

(2) The information in Form No. 15CA shall be furnished by the person electronically to the website designated by the Income-tax Department and thereafter signed printout of the said form shall be submitted to the authorised dealer, prior to remitting the payment.

(3) An income-tax authority may require the authorised dealer to furnish the signed printout referred to in sub-rule (2) for the purposes of any proceedings under the Act.

(4) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture, transmission of data and shall also be responsible for the day-to-day administration in relation to furnishing the information in the manner specified.

Explanation. – For the purposes of this rule,—

(a) ‘authorised dealer’ means a person authorised as an authorised dealer under sub-section (1) of section 10 of the Foreign Exchange Management Act, 1999 (42 of 1999);

(b) the specified list refers to the payments of the nature as indicated below:
SPECIFIED LIST
Sl.No.
Purpose code as per RBI
Nature of payment
(1)
(2)
(3)
1
S0001
Indian investment abroad -in equity capital (shares)
2
S0002
Indian investment abroad -in debt securities
3
S0003
Indian investment abroad -in branches and wholly owned subsidiaries
4
S0004
Indian investment abroad -in subsidiaries and associates
5
S0005
Indian investment abroad -in real estate
6
S0011
Loans extended to Non-Residents
7
S0101
Advance payment against imports
8
S0102
Payment towards imports-settlement of invoice
9
S0103
Imports by diplomatic missions
10
S0201
Payments for surplus freight or passenger fare by foreign shipping companies operating in India.
11
S0202
Payment for operating expenses of Indian shipping companies operating abroad.
12
S0203
Freight on imports – Shipping companies
13
S0204
Freight on exports – Shipping companies
14
S0206
Booking of passages abroad – Shipping companies
15
S0208
Operating expenses of Indian Airlines companies operating abroad
16
S0209
Freight on imports – Airlines companies
17
S0212
Booking of passages abroad – Airlines companies
18
S0213
Payments on account of stevedoring, demurrage, port handling charges etc.
19
S0301
Remittance towards business travel.
20
S0302
Travel under basic travel quota (BTQ)
21
S0303
Travel for pilgrimage
22
S0304
Travel for medical treatment
23
S0305
Travel for education (including fees, hostel expenses etc.)
24
S0401
Postal services
25
S0501
Construction of projects abroad by Indian companies including import of goods at project site
26
S0601
Payments for life insurance premium
27
S0602
Freight insurance – relating to import and export of goods
28
S0603
Other general insurance premium
29
S1011
Payments for maintenance of offices abroad
30
S1201
Maintenance of Indian embassies abroad
31
S1202
Remittances by foreign embassies in India
32
S1301
Remittance by non-residents towards family maintenance and savings
33
S1302
Remittance towards personal gifts and donations
34
S1303
Remittance towards donations to religious and charitable institutions abroad
35
S1304
Remittance towards grants and donations to other governments and charitable institutions established by the governments.
36
S1305
Contributions or donations by the Government to international institutions
37
S1306
Remittance towards payment or refund of taxes.
38
S1501
Refunds or rebates or reduction in invoice value on account of exports
39
S1503
Payments by residents for international bidding”.
3. In the said rules, in Appendix II, for Form No.15CA and Form No. 15CB, the following Forms shall be substituted, namely:-
(See rule 37BB)
Information to be furnished for payments to a non-resident not being a company, or to a foreign company

(See rule 37BB)
Certificate of an accountant





[ F. NO.149/119/2012-SO(TPL) ]

(J. Saravanan)
Under Secretary to the Government of India.

Thursday 8 August 2013

Agriculture Income



Agriculture income is exempt under the Indian Income Tax Act. This means that income earned from agricultural operations is not taxed. The reason for exemption of agriculture income from Central Taxation is that the Constitution gives exclusive power to make laws with respect to taxes on agricultural income to the State Legislature.

While computing tax on non-agricultural income agricultural income is also taken into consideration and when we compute tax taking agriculture income into consideration we pay tax on agriculture income also.

Tax on Agricultural Income In India is computed as follows:-

Step 1: Add non-agricultural income with net agricultural income.

Step 2: Compute Tax on Step 1 (not including Cess)

Step 3: Add net agricultural income and the maximum exemption limit available to the assessee.

Step 4: Compute tax on Step 3. (not including Cess)

Step 5: Compute Net Tax Payable ( Step 2 – Step 4)

Step 6: The sum so arrived at shall be increased by education cess @2% and secondary and higher education cess @1%.

This can be illustrated as follows:-

An assesse has his taxable income of Rs. 480000 and agriculture income of Rs. 50000.

Tax on his income will be computed as follows:-

 Total income = Rs 530000

 Tax =(30000*20%) + (500000-200000)*10%

Tax = 6000+30000= Rs 36000

 Basic exemption limit+ agriculture income =200000+50000 =250000

 Tax thereon = Rs50000*10%= Rs5000

 Net tax to be paid = 36000-5000 = Rs. 31000

Now if we compute tax on only on Rs 480000 it would be Rs. 28000.

Therefore the increased tax liability of Rs 3000 (31000-28000) is nothing but tax on agriculture income.

Therefore it can be said that agriculture income is not really exempt. The tax is levied in indirect way and this concept is known as partial integration of taxes.

It is applicable to individuals, HUF, unregistered firms, AOP, BOI and artificial persons. Two conditions which need to satisfy for partial integration are:

1. The net agricultural income should exceed Rs. 5,000 p.a., and

2. Non-agricultural income should exceed the maximum amount not chargeable to tax.

ST-3 Offline Return Utility for October 2012 to March 2013

 1.  Introduction            
 This excel utility can be used only for the ST3-Return to be filed for the period/s, October 2012 to March 2013 and thereafter. Assessee can file the return for one or more than one service offered from one or more than one premises as well.
The excel utility can be used for creating a new file in XML format for e-filing of your returns. The e-filing Excel Utility is an Excel Workbook that consists of one worksheet.
e-filing consists of two sub-processes: firstly, generation of XML file of the ST3 Return and secondly  uploading of generated xml file into ACES application.
2.  Before you begin          
1. The version of Microsoft Excel in your computer should be Microsoft Office Excel 2003 and above.
2. The computer should have a file compression software to unzip excel utility file.
3. Make sure that you have downloaded the latest ST3-Return Excel Utility from ACES application to your computer.
4. It is necessary to ENABLE the execution of macros in Return-Preparation-Utility in order to enter, validate and generate .XML file for upload. Follow these steps to ENABLE execution of macros depending on the version of [Microsoft Office Excel] being used to open the Return-Preparation-Utility :
 i-[Microsoft Office Excel 2003]
Navigate through the following excel menu option to reduce the level of security in executing macros :
Tools –> Macros –> Security –> Low
OR
Tools –> Macros –> Security –> Medium
Save the excel-utility and re-open it.
ii-[Microsoft Office Excel 2007]
Navigate through the following excel menu options to reduce the level of security in executing macros :
Excel Options –> Trust Centre –> Trust Centre Settings –> Macro Settings –> Enable all macros
AND
Excel Options –> Trust Centre –> Trust Centre Settings –> ActiveX Settings –> Enable all controls without restriction and without prompting
Save the excel-utility and re-open it.
iii-[Microsoft Office Excel 2010]
When you open the EXCEL-UTILITY, the yellow Message Bar appears with a shield icon and the Enable Content button.
Click on the Enable Content to enable the macros.
5. Please make sure that your System Date is correct.
6. Though with effect from 1st July 2012, classification of services has been dispensed with, the assessee is required to select the name(s) of taxable service(s). Assessees, registered or amended their registration on or after 01.07.2012 with the service description ‘Other than in the Negative List’ have to amend their Registration online to delete the said description and add the description(s) of relevant Taxable Service(s).            
3. Structure of Utility for ST-3 Return           
1. e-filing ST3 consists of one worksheet initially, i.e., “Return” name of which is displayed in the tab at the bottom of the worksheet.
2. The sheets for entering services payable data are added dynamically by the excel utility. The sheets are named as “Payable-Service (1)”, “Payable-Service(2)” etc. The Utility will add a new payable sheet when you select ‘Taxable Service Provided’ from the dropdown on sheet “Return”. At the same time, the utility will add new sheets for Paid-Service, Challan-Service, CENVAT, Distributor etc.
4. Steps for filing ST-3 Return – Overview    
I. Fill up the Return data: Navigate to each field of every section in the sheet to provide applicable data in correct format.  (Formats will get reflected while filling data.)        
II. Validating Sheets: Click on the ”Validate this sheet” button to ensure that the sheet has been properly filled in and also data has been furnished in proper format. If there are some errors on the sheet, e-filing utility will prompt you to correct the same.           
In such cases, e-filling utility will not allow you to proceed further until you rectify the errors.
There is “Validate Return & Generate XML” button on the last sheet “Distributor” for validating all the entries in your return. If you click on this button, utility will validate all the sheets one by one. In case there is some error identified on some sheet, then it will prompt you about all the errors in your return and will ask to revalidate the sheet.
III. Generate XML: After all the required fields have been filled in properly and validated, clicking on”Validate Return & Generate XML” button will re-check all the sheets and a new file in XML format will be generated.           
Both files will be saved in the same folder in your system where e-filing ST3-Return Excel Utility was saved initially.
 IV. Upload XML file into ACES application: For uploading the XML file generated by the e-filing ST3-Return Excel utility, log into ACES application and access RET > e Filing >  Upload File to upload generated xml file of Return. On Upload screen, provide the required information and browse to select the XML file from the saved location and submit the same.   
5. Steps for filing ST-3 Return – Detailed Instructions            
I. Fill up the return data           
1. All Green Cells are areas where data can be entered.
 2. You are not allowed to enter any data in the Grey Cells.
3. You can use this ST3 Excel Utility for the ST3 return to be filed for the period/s, October 2012 to March 2013 and thereafter.
4. All the fields marked with asterisk (*) are mandatory. You have to compulsorily provide data for these fields.
5. If any mandatory field is left empty, then the ST3-Return Excel utility will not allow you to proceed further for generating XML file.
6. Data provided must be in correct format, otherwise ST3-Return Excel utility will not allow you to proceed further for generating XML file.
7. Moving through the cells: After you have entered data in the desired cell, you can click on the ‘tab’ button on the keyboard to reach the next green cell of the section for data entry.
8. Moving through the sheets: After you have filled in the data in a sheet, you can move to the next sheet by clicking the “Next” button. On clicking “Next”, you will be taken to the next sheet but the utility does not validate the sheet until “Validate” button is clicked.  Once “Validate” button is clicked, in case  of any error in that sheet, utility will prompt you with an error message and will not allow you to proceed further unless the error is rectified.
9. Adding Service: Sections such as “Taxable Service(s) for which Tax is being paid” allow you to add/enter as much data as you require in a tabular form. You can click on “Add Service” to add more rows.
To add more than one row, you must fill data in the mandatory fields in the previous row.
10. Deleting Service: Rows that have been added in the section, “Taxable Service(s) for which Tax is being paid” can be removed by Clicking the button “Delete Service”.
 If you have deleted a row then respective Payable sheet will also get deleted.
e.g., if you have deleted second row, then Payable (2) sheet will also be deleted.
Note that while filling tabular data, you must fill the mandatory fields in the added rows also, otherwise utility will not allow you to proceed further for generating XML file.
11. Filling data for “Return” sheet:
(i) Return Period: As this ST3 Excel Utility is meant for the ST3 return to be filed from the period, October 2012 to March 2013 onwards, the fields, ‘Financial Year’ to be entered as 2012-2013  and ‘Return for the Period’ to be selected as ‘October-March’ for financial year 2012-2013 only.
(ii) Registration details: Enter Registration number.  Name need not be entered as the same will be fetched from the database upon uploading the file.
(iii) Option for LTU: If you are an assessee falling under any of the Large Taxpayer Units (LTU’s), then change the option to “Yes” in serial no. A 6.1. The field, ‘name of the LTU opted for’ is disabled for any entry of input as the same will be fetched from system upon uploading.
(iv) Select the constitution of assessee carefully as mentioned in registration.
(v) Taxable Service(s) for which Tax is being paid: Select the name or names of the taxable service/s from the dropdown provided.
There is provision for adding new row for selecting more than one taxable service. For adding new row, fill all the details in previous row and click on ‘Add  Service’ button. The utility will add new ‘Payable’ sheet for every Taxable Service entered on Return sheet.
12. Filling data for “Payable-Service” sheet: Enter the details like ‘value of taxable service’ for Service Provider (amount received) or Service Receiver (amount paid) or both (whichever applicable), education cess payable, secondary and higher education cess payable, exemption/abatement notification details (if applicable), Service Tax rate wise break-up of taxable value. You have to fill ‘Payable-Service’ sheet for each Service you have mentioned in ‘Return’ sheet.
(i) If you want to avail exemption, then you must select ‘Yes’ in A11.1 and Exemption Notification No. and Sl.No. in A11.2.
(ii) If you want to avail abatement,, then you must select ‘Yes’ in A12.1 and Abatement Notification No. and Sl.No. in A12.2.
(iii) Tax Rate: The applicable Advalorem and Specific tax rate should be entered in B1.15/B1.16 and/or B2.15/B2.16.  The system will automatically calculate the Service Tax Payable amount in B1.17 and/or B2.17.
 (iv) Education Cess: The education cess is calculated at 2% of the Net Service Tax payable (B1.19/B2.19).
 (v) Secondary and Higher Education Cess: The Secondary and Higher Education cess is calculated at 1% of the Net Service Tax payable (B1.19/B2.19).
If any of the entered Tax Rates – Advalorem, Specific, Education Cess or Secondary and Higher Education Cess – is incorrect for the given service/period, the return is liable to be rejected by the system.
Note: Throughout the Utility, if Assessee is unable to delete first row like Notification number then assessee can use the DEL(Delete) Button from the computer keyboard after clicking on the cell. 
 13. Filling data for “Advance-Payment” sheet: Enter the details of service tax & cess paid, if any, in advance along with details of relevant challan numbers.
14. Filling data for “Paid-Service” sheet:  Enter the details of service tax paid, education cess paid, secondary and higher education cess paid, other amount paid (Arrears of revenue paid, interest paid, penalty paid etc.) in the period against the different heads i.e., by way of cash, by CENVAT credit, by adjustment of excess amount paid earlier etc. System will compare the  tax paid figures with  tax payable figures and give alert message in case of mis-match.
15. Filling data for “Challan-Service” sheet: You can enter the details of challan/s vide which the service tax, education cess, secondary and higher education cess and other amounts were paid and Source Document (if any). You must mention the challan number if the payments are made in cash. The details of challans entered in Advance-Payment section should be entered in the Challan Section (H1) also.
16. Filling data for “CENVAT” sheet: All the fields are self-explanatory. This is the sheet to enter the details of CENVAT credit taken and utilized for service tax and central excise duty, education cess & secondary and higher education cess.
You must provide the CENVAT details if tax payments are made through CENVAT Credit.
 17. “Distributor” sheet: You can enter the Credit details for Input Service Distributor (if applicable) and fill in Self-Assessment Memorandum with name, date and place.
After filling all the sheets, click on the button “Validate Return &  Generate XML” to generate XML file for the Return.
II. Validating Sheets           
The Excel utility will validate all the basic mathematical and logical validations. All the database level validations will be done only after uploading the relevant XML file. After the required fields in a sheet are filled up, you must click the “Validate this sheet” button to confirm that the sheet has no obvious mistakes or data entry validation errors that can be checked by the utility.
 If mandatory fields such as Registration Number etc. are not filled up, then on clicking the“Validate this sheet” button, an alert message to fill up those fields will be prompted.
There is a provision to validate all the entries in your return at once. It is “Validate Return & Generate XML” button on last sheet. If you click on this button, the Utility will validate all the sheets one by one. In case there is some error identified in some sheet, the utility will prompt you about the same and lead you to the sheet having that error.
The errors are generally categorized in two ways: Show stoppers and Warnings.
(I.) Show Stoppers: These are major errors and you cannot proceed without correcting them e.g., Mandatory fields such as Service Tax registration number etc. left blank. In such cases, the Utility will not allow you to generate XML file unless you rectify those errors.           
 (II.) Warnings: These are minor errors about which the utility will prompt you with a warning message. Upon acknowledging the alert message, you can proceed even without correcting these errors. On clicking the “Validate Return &  Generate XML” button, the utility will perform various validations and prompt you about all the errors in your return.           
Utility will list the errors as below and ask you before generating XML file: “Do you want to Submit Return and generate the XML with following errors” If you select ‘YES’, then XML file will be generated with the filled-in data. In case you want to rectify these errors, select answer as “No”. The error warnings may appear as below (example) :
1. The amount of Service Tax Payable in B2.17 for month one for the service (Air Travel Agent service) is (Rs.12000).
2. Service Tax payable (Rs. 12000) does not match with the Tax Paid (Rs. 10000) for Month one.
III. Generate XML           
Once all relevant fields of the sheet have been filled up, clicking on “Validate Return & Generate XML” button will again validate data entered in all the sheets and XML file will be generated if data is found OK.
After generating the XML file, the Utility will prompt you about the name and location of the file so saved.
The name format of the XML file generated will be: RegistrationNumber_Date_Time.xml  e.g., TEMPA0054XSD001_31-Jul-1344016PM.xml
 IV. Uploading XML file into ACES application           
1. Log into ACES application and access ‘RET > e Filing > Upload File’ to upload generated xml file of ST3 Return.
2. On Upload screen, fill in all the required fields like Financial Year, Return for the period and Return Type.
3. Click on ‘Browse’ to select the XML file, Save and then submit for uploading.
4. After uploading, the application will validate the data. If data are found to be intact, the XML will be successfully uploaded. In case the file is found to be corrupt, Application will reject the XML file at the time of uploading itself.
5. After validating the data, application will process the xml file and upload the XML file data into ACES database. (This may take some time.)
6. You can view the status of your e-filed return by accessing the menu ‘RET > e Filing > View XML Status’. There are three statuses:
a. UPLOADED: This denotes that the return was uploaded and under processing. Please view again after sometime.
b. FILED: This denotes that uploaded return is accepted by the ACES Application. You can view your return from following menu “RET–>View Original ST3 Return or View ST3 Return”.
c. REJECTED: This denotes that the return could not be processed due to errors. The return needs to be corrected and to be uploaded again. If your Return is rejected, then there will be hyperlink appearing on the Return number on clicking which, you can see the errors.
7. As per the existing provisions, the ST3 return filed can be modified only once by filing a revised return within 90 days from the date of filing the original Return.
 6. General Instructions             
 (i) If there is a change in the address or any other information as provided by the assessee in Form ST-1 or as contained in Form ST-2 (Certificate of Registration issued by the Department), the assessee should file amendment to ST1 application online in ACES for getting the Amended ST2 issued by the departmental officer. If the assessee has provided / received any additional service for which he is not registered, he has to first file the amendment to ST1 application and after the approval of the same by the departmental officer, he should file the return.           
(ii) Reasons for rejection of returns when uploaded, using the Offline Utility:a) Incorrect selection of return type whether it is Original or Revised return.
b) Incorrect   Registration Number
c) If a non-LTU assessee selected as LTU in A6.1 and vice versa
d) Wrong selection of Constitution.
e) Incorrect category of Registrant.
f) Incorrect Rates of Tax / EDU Cess / SHE Cess.
g) Higher amount entered in Challan Details Section as against the actual amount deposited.
h) Technical Error – Tampering of XML file generated before uploading, use of special characters in the  return, error at the time of generation of XML file etc. 
7. Detailed Instructions to fill up Form ST-3 (Sl. No. wise)
Serial No.
Instructions
A1If you are filing original return, select ‘YES’ for it (and ‘NO’ for revised return).This set of entries are given as default. When you are filing ‘revised return’, click ‘YES’ for ‘revised return’ and ‘NO’ for ‘original return’. In case of mismatch in the selection of the return type in the excel utility when compared to the selection in the upload screen, the return would get rejected after uploading, during the XML processing.
A2STC No. is the 15 digit PAN-based Service Tax Code number issued to assessee vide FORM ST-2 (Certificate of Registration issued by the Department).When the return is uploaded, the RC no. entered by the assessee in the excel utility is checked with the registration data and in case of mismatch, the return will be rejected.
A3
Name field has been disabled for any entry.  No need to fill this field as it will be auto-fetched directly from database once the return is uploaded.
A4 / A5These fields meant for entering relevant financial year (2012-2013 onwards) & period for which return is being filed.
A6.2When A6.1 is selected as Yes, then this field has been disabled.  No need to fill this field as it will be auto-fetched directly from database once the return is uploaded.
A7Premises Code: This field has been disabled.  No need to fill this field as it will be auto- fetched directly from database once the return is uploaded.
A8Appropriate Constitution of business should be selected from the dropdown. In case of incorrect selection of Constitution, the return will be liable for rejection. Those assessees who have this field as ‘Others’ or a ‘-‘ in their registration, should immediately file amendment to correct the constitution in their registration data.
A9Though with effect from 1st July 2012, classification of services has been dispensed with, the assessee is required to select the name(s) of taxable service(s).Assessees, registered or amended their registration on or after 01.07.2012 with the service description ‘Other than in the Negative List’ have to amend their Registration online to delete the said description and add the relevant description(s) of Taxable Service(s).
Taxable services need not be selected in cases where the assessee is an exclusive ISD.
A9 & A10Though with effect from 1st July 2012, classification of services has been dispensed with, the assessee is required to mention the names of taxable service(s). The details in the return have to be furnished service wise.
A10.3 / A10.4If the Assessee is paying tax under Partial Reverse Charge,
to enter that amount under B1.6 / B2.7:
1.Select  A10.3 / A10.5  as ‘YES’
2. Select the % of Partial Reverse Charge from the dropdown list available at A10.4 / A10.6
3. Select ‘YES’ from A11.1
4. Select the Notification No. & Sl.No. applicable to the service from A11.2
A11.1/11.2If assessee has availed benefit of any exemption notification, the notification number and relevant Serial number (in the notification), if any, against which such exemption has been availed, have to be entered in A11.1.
and A11.2 respectively. Those notifications which are relevant to the selected service, are displayed in the dropdown. If an expired notification is selected or any Sl no. of the notification selected is not pertaining to the selected service, then the return will be marked for R&C.
A12.1/12.2If assessee has availed abatement from the value of services, he has to furnish the notification number and relevant Serial number (in the notification), if any, against which such abatement has been availed in A12.1.
and A12.2 respectively Those notifications which are relevant to the selected service, are displayed in the dropdown. If an outdated notification or any Sl no. of the notification is not pertaining to the selected service, then the return will be marked for R&C.
B(i) An assessee liable to pay service tax on quarterly basis may furnish details quarter-wise i.e. Apr-Jun, Jul-Sep, Oct-Dec & Jan-Mar; Once the taxable services are selected in A9, the Payable sheets will be populated based on the same.
(ii) The recipient of service liable to pay Service Tax should indicate the amount paid by him to the service provider.
B1.1/ B2.1Gross  amount  for which bills/invoices/challans are issued against  taxable service provided or agreed to be provided or received/agreed to be received (in  case  of  service  receiver),  which are taxable on accrual basis, as per the Point of Taxation Rules is to be mentioned in this column
(A) it includes,-
(a)  amount charged towards exported service,
(b)  amount charged towards exempted service (other than
export of service),
(c)  amount charged as a pure agent, and
(d) amount includible in terms of Rules 5(1) & 6(1) of the
Service Tax (Determination of Value) Rules, 2006
(B) it excludes
(a) amount received in advance i.e., before provision of services for which bills or invoices or challans or any other documents may not have been issued, because it has to be shown in column B1.2;(b) amount taxable on receipt basis, which is applicable to individuals and partnership firms whose aggregate value of taxable services during previous financial year was less than or equal to rupees fifty lakh and he opts to pay tax at the time when payment is received by him in respect of taxable value of rupees fifty lakh* in the financial year to which return relates as per third proviso to
Rule 6(1) of Service Tax Rules, 1994, for which bills or invoices or challans or any other documents may not have been issued, because it has to be shown in column B1.3;
*Please refer to the relevant Rule / section for ascertaining the concurrent limit.
(c) Amount taxable for the services provided for which bills or invoices or challans or any other documents may not have been issued, (this amount has to be entered in Row No. B1.4.)
(d) Service Tax;
(e) Education Cess; and
(f) Secondary and Higher Education Cess
B1.2/ B2.2Amount  received  (or  paid  in  case  of  service  receiver) in  advance is  the total amount received (or paid in case of service receiver) for the particular taxable service before provision of service (including any amount received for continuous service), and
(A) it includes,-
(a)  amount received towards exported service,
(b) amount received towards exempted service (other than export of service),
(c)  amount received as Pure Agent, and
(d) amount received which is liable to be included in the value in terms of Rules 5(1) & 6(1) of the Service Tax (Determination of Value) Rules, 2006(B) it excludes
(a)  Service Tax,
(b)  Education Cess, and
(c)  Secondary and Higher Education Cess
B1.3/ B2.3This is applicable to individuals and partnership firms whose aggregate value of taxable services during previous financial year is less than or equal to rupees fifty lakh and he opts to pay tax at the time when payment is received by him in respect of taxable value of rupees fifty lakh* in the financial year to which return relates.
*Please refer to the relevant Rule / section for ascertaining the concurrent limit.
B1.5/ B2.4(i) The value of consideration charged (or paid in case of service receiver), other than money, is to be estimated in equivalent money value of such consideration in terms of the Service Tax (Determination of Value) Rules, 2006.
(ii) ‘Consideration’ includes any amount that is payable for the taxable services provided or to be provided, as defined in Explanation to Section 67 of the Act.
B1.6/ B2.7In case of some services, as notified under Notification No. 30/2012-ST, dated 20th June, 2012 (as amended), the liability to pay Service Tax has been placed on the recipient of service in terms of sub-section (2) of section 68 of the Finance Act, 1994 read with Rule 2(1)(d)(i) of the Service Tax Rules, 1994. In respect of such services, the amount on which Service Tax is payable has to be shown as calculated in terms of Rule 7 of Point of Taxation Rules, 2011.(Partial reverse charge). To enter the amount on which Service Tax is payable under partial reverse charge under B1.6 / B2.7:
1.Select A10.3 / A10.4 as ‘Yes’.
2. Select the % of Partial Reverse Charge from A10.5 / A10.6 from the dropdown list available.
3. Select ‘Yes’ in A11.1 or A12.1.
4. Select the  Notfn. No. and Sl.No. applicable to the service.
B1.8With effect from 01.07.2012, export of services are not to be taxed under Service Tax, as per Place of Provision of Services Rules, 2012. If the assessee has included the amount of export of service in column B1.1, he has to fill up said amount in column B1.8 also for claiming deduction of said amount from the gross amount. However, there may be cases where ST-3 return for the period prior to 01.07.2012 is to be filed by service providers or recipient of service, as the case may be. They are also required to fill up this column for furnishing the amount charged against the export of services made before 01.07.2012.
B1.9/ B2.9‘Exempted Service’ refers to the taxable service which is exempt, for the time being, from payment of Service Tax under a notification, other than by way of abatement.
B1.10/ B2.10‘Pure Agent’ has been defined in Explanation 1 to Rule 5 of the Service Tax (Determination of Value) Rules, 2006.
B1.11/ B2.11‘Abatement’ refers to the part of value of taxable service which is not includible in the taxable value for payment of Service Tax through notification, such as Notification No. 26/2012-ST, dated 20.06.2012 issued under Section 66B of the Finance Act, 1994 or any other notification applicable.
B1.12/ B2.12Any deduction, which is not mentioned in any other clause, from gross value of taxable service has to be provided (For example, deduction of property tax paid in respect of the taxable service of renting of an immovable property in terms of Rule 6(4C) of Service Tax Rules, 1994 read with Notification No. 29/2012-ST, dated 20th June, 2012). A text field has been provided for furnishing the details of such deductions claimed, which is mandatory.
B1.15/ B1.16 andAs per Rule 6 of the Service Tax Rules, 1994, the service Providers/Recipients in respect of services of ‘Booking of tickets for Air Travel provided; ‘Insurer carrying on life insurance business’; ‘Purchase or sale of foreign currency including money changing’; and ‘Distributors and selling agents or persons assisting in organizing lottery’ have been given option to pay Service Tax at either specific rate or a combination of specific and ad valorem rate. Such assessees have to mention the details of such taxable value in these columns by selecting the appropriate tax rate(s) as applicable to them.
B2.15/ B2.16Sum of Service Tax rate-wise break up of Value (B1.15 / B1.16) should be equal to Net Taxable Value (B2.14 / B2.16).
Example: In a case where the Net Taxable Value has been arrived at as Rs.5,00,000/- in B1.15 / B2.15 and the various rates entered are:
1. 12% +2% + 1%     for Rs.2,00,000
2. 10% + 2% + 1%    for Rs.1,00,000
3. 0.12% + 2% + 1% for Rs.   50,000
The balance value of Rs. 1,50,000 (5,00,000- 3,50,000)  is chargeable to specific rate of tax and it should be entered in B1.15 / B2.15 as
4. 0% + 2% + 1%       for Rs. 1,50,000.
In case of incorrect entry of Tax / Cess rates, whether ADV or Specific,  the return will be liable for rejection.
B1.16 / B2.16When the service is liable to only Specific Rate of Tax, the applicable Specific Rate of Tax, and the Rates of Cess will have to be entered in B1.16 / B2.16 and instead of Value, the No. of Taxable Units will have to be entered as the liability is not on value.  For more explanation, the Illustration given in a separate excel sheet, may please be referred.
In a scenario where there is combination of Specific Rate and ADV. Rate, the value for which ADV. Rate is applicable will be entered in B1.15 / B2.15 and Specific rate in B1.16 / B2.16 as given in the Illustration.
PLEASE NOTE: Where tax is chargeable on ADV and Specific rate:
1. For the ‘ADV. rate only’ portion and combined rate portion, value should be entered in B1.15 / B2.15 with the appropriate ADV. rate.
2. For the ‘Specific rate’ only portion, value should be entered in B1.15 / B2.15 with the ADV. rate as 0%.
3. The Specific rate and the Taxable units for each Specific rate should be entered in B1.16 / B2.16.
In case of incorrect entry of Tax / Cess rates, whether ADV or Specific,  the return will be liable for rejection.
B1.18/ B2.18Deduction of R & D cess from tax payable can be shown here separately for the relevant services applicable. This deduction is made from the Gross Tax Payable at B1.17 / B2.17. is payable EDU Cess and SHE Cess are  calculated by the system from the Net Tax Payable at B1.19 / B2.19 after deducting the R&D Cess amount.
B2.5/ B2.6Amount charged for services received from Non-Taxable
Territory is to be entered in this column.  This includes value on import of services.
B2.5 – Amount charged for services received from Non-Taxable territory – Imports
B2.6 – Amount charged for services received from Non-Taxable territory – Other than Imports
D3/ E3/ F3If any amount has been paid in advance as Service Tax in terms of Rule 6(1A) of Service Tax Rules, 1994 and the assessee has adjusted that amount against his Service Tax liability, such adjustment has to be shown here.
D4/ E4/ F4Rule 6(3) of Service Tax Rules, 1994 allows adjustment of Service Tax amount which was paid earlier in respect of taxable service not provided wholly or by the service provider or where the amount of invoice is re-negotiated. Such adjustment is to be shown here.
Example: A service provider receives an advance of Rs 1000/- on which he pays a Service Tax of Rs.120/-. However, later on he does not provide this service and refunds the amount to the person from whom the advance was received. He can, in this case, adjust the amount of Rs.120/- for any of his future liability of Service Tax.
D5/ E5/ F5Rule 6(4A) of Service Tax Rules, 1994 allows adjustment of  Service Tax amount paid in preceding months or quarter, which is in excess of the Service Tax liability  for such month or quarter. Such adjustment is to be shown here.
Example: A service provider having centralized registration pays an amount of Rs 1000/- as Service Tax for services provided by him from his five branches. However, on receipt of information from these branches, the Service Tax liability is computed as Rs 900/-. In this case he has paid an excess amount of Rs.100/- as Service Tax. He can adjust this excess amount of Rs.100/- against Service Tax liability for succeeding month/quarter.
D6/ E6/ F6Rule 6(4C) of Service Tax Rules, 1994 allows adjustment of Service Tax amount paid in preceding months or quarter, which is in excess of the amount required to be paid towards Service Tax liability for such month or quarter on account of non-availment of deduction of property tax paid in terms of Notification No. 29/2012-ST, dated 20th June, 2012 from the gross amount of rent charged for the immovable property. Such adjustment is to be shown here.
D7/ E7/ F7This is meant for those specified Government Departments who are liable for service tax for the services provided by them but the payment of the same is effected by way of ‘adjustment of entries’ and not by Cash.
G1 to G6Arrears of revenue paid now includes,-
(a)  amount that was payable earlier but not paid;
(b)  amount  pending  recovery  on  finalization  of  adjudication  or appellant stage, as the case may be;
(c)  amount pending in appeals without having any stay for recovery; or
(d)  amount arising on finalization of provisional assessment etc.
G7Any amount collected in excess of the Service Tax assessed or determined and paid on any taxable service from the recipient of taxable service in any manner, has to be paid to the credit of the Central Government as per the provisions of Section 73A of the Finance Act, 1994. Assessee may furnish any such amount here.
G10Amount of Late Fee paid for any delayed filing of return has to be entered here as prescribed under Rule 7C of Service Tax Rules, 1994.
G11Any other amount paid may be specified. (It may include amount paid in terms of any Adjudication Order, any Appellate Order, etc.)
H1Any cash payment made by way of Challan should be entered here, even if entry has been made in any other section / row.  The amount entered here is validated with the cash payment entered in the PAID section in D / E / F / G sections of the return. If any amount is entered as paid by cash, such amount should have a contra entry in Challan Details section in H1. The Challan No. should be correctly entered in this section. In case of incorrect CIN, the return will be marked for Review on validation.
If the amount entered in the return for a given challan is higher than the amount actually deposited against the said challan, the return will be rejected after uploading, on validation.
H2Against Source Documents, following details may be furnished,-
(i)  For adjustment under Rule 6(3) of Service Tax Rules, 1994, furnish details of earlier return, from where excess amount is derived.
(ii) For adjustment under Rule 6(4A), furnish details of acknowledgement No. of intimation to Superintendent as required to be furnished in the rules;
(iii) For Arrears, Interest and Penalty, the Source Document/period is as follows,-
(a) in case these are paid suomoto by the assessee, the period for which such amount is paid may be furnished
(b) if paid consequent to a Show Cause Notice (SCN) or Order, the Source Document (in ACES) is relevant SCN No./Demand Notice No., Order-in-Original No. or Order-in-Appeal No., or any other order , etc.;
(iv)  For adjustment of excess amount of Service Tax paid on the service of ‘Renting of Immovable Property’ in case the taxpayer has not availed the deduction of property tax paid in terms of Rule 6(4C) of the Service Tax Rules, 1994 read with Notification No. 29/2012-ST, dated 20th June, 2012 and he opts to avail such deduction against his Service Tax liability within 1 year from the date of payment of such property tax, the source document is original receipt issued by the concerned department of State Government showing the payment of such property tax.
IUnlike the earlier return, in this return, in CENVAT section, EDU Cess and SHE Cess have been provided with separate blocks and entries have to be made accordingly. The Cess is not having combined entries anymore. When any amount is shown as paid by CENVAT in Paid Section, a corresponding entry should be available in CENVAT. This validation is available at the stage of filling up the return and unless this is corrected, the user will not be able to proceed to file the return.
I 3.1.2(i) The terms “input”, “capital goods”, “input services” and “ input service distributor” may be understood as defined in the CENVAT Credit Rules, 2004;
(ii) Against Sl. No. I 3.1.2.1, I 3.1.2.2 & I 3.1.2.3, the details of CENVAT credit availed on input/ capital goods/ input services received directly by the assessee, are to be shown. In other words, these figures would not include the Service Tax credit received from Input Service Distributor (i.e., office of the manufacturer or output Service Provider, which receives invoices towards purchases of input services and issues invoices//bills /challans for distribution of such credit, in terms of Rule 7 of CENVAT Credit Rules, 2004).
(iii) Against Sl. No. I 3.1.2.4, furnish the details of Service Tax credit as received from ‘Input Service Distributor’.
(iv) Against Sl. No. I 3.1.2.5, details have to be filled only by Large Taxpayer Unit who has opted to operate as LTU.
I 3.1.3.4This has to be filled only by the assessees who are engaged in both, providing taxable service as well as manufacturing and clearance of excisable goods. This entry would also include excise duty paid on capital goods and inputs removed as waste and scrap, in terms of Rule 3(5A) of CCR, 2004.
I 3.1.3.7If the assessee has utilised CENVAT credit for making any payment, adjustment or reversal such as in the case of write off of value of inputs or capital goods as per Rule 3(5B) of CCR, 2004; reversal of CENVAT credit on the inputs used in the manufacture of goods which have been ordered to be remitted as per Rule 3(5C) of CCR, 2004; the payment of arrears of revenue etc., such details may be mentioned here.
I 3.3Details of CENVAT credit taken and utilised in respect of Secondary and Higher Education Cess has to be shown separately in these columns.
I3.1.2.6/I3.2.2.6 /I3.3.2.6The Assessee can enter Credit taken other than for the reasons listed along with the reasons in the Text box.
JThis information has to be furnished by an Input Service Distributor only.
Education Cess and SHE Cess have been provided with separate blocks and entries have to be made accordingly. The Cess is not having combined entries anymore.
1. An assessee can fill up the ISD section in the ST3 return only if he / she is registered as ISD
2. In case of assessees who are registered as ISD alone, they can file return as Provider / Receiver only after amending the registration.
J1.4/ J2.4/ J3.4This information has to be furnished by an input service distributor who has availed CENVAT credit of the Service Tax paid on the services used in a unit which is exclusively engaged in manufacturing of exempted excisable goods or providing exempted services, as such credit is not liable to be distributed in terms of Rule 7(b) of the CENVAT Credit Rules, 2004.