Wednesday 24 June 2015

CBDT notifies ITR-1, ITR-2, ITR-2A and ITR-4S to be filed for AY 2015-16


[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]
NEW DELHI
NOTIFICATION NO. 49/2015-INCOME TAX, Dated: June 22, 2015
S.O. 1660 (E).– In exercise of the powers conferred by 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 (8th Amendment) Rules, 2015.
     (2) They shall be deemed to have come into force with effect from the 1st day of April, 2015.
2. In the Income-tax rules, 1962,-
(1) in rule 12,-
(a) in sub-rule (1),-
(I) in clause (a), in the proviso, for clause (III), the following clause shall be substituted, namely: –
“(III) has agricultural income, exceeding five thousand rupees;”;
(II) after clause (b) the following clause shall be inserted, namely:-
‘(ba) in the case of a person being an individual not being an individual to whom clause (a) applies or a Hindu undivided family where the total income does not include any income chargeable to income-tax under the heads “Profits or gains of business or profession” and “Capital gains” and to whom the provisions of clause (I) and clause (II) of the proviso to clause (a) does not apply, be in Form No. ITR-2A and be verified in the manner indicated therein;';
(III) in clause (ca), in the proviso, for clause (III), the following clause shall be substituted, namely: –
“(III) has agricultural income, exceeding five thousand rupees;”;
(b) in sub-rule (4), for the words, brackets, letters and figures “in the manners specified in clauses (i), (iii) and (iv) of sub-rule (3)”, the words, brackets, letters and figures “in the manners (other than the paper form) specified in column (iv) of the Table in sub-rule (3)” shall be substituted.
(2) in Appendix-II, for “Forms SAHAJ (ITR-1), ITR-2 and SUGAM (ITR-4S)” the “Forms SAHAJ (ITR-1)ITR-2ITR-2A and SUGAM (ITR-4S)” shall be substituted, namely:-
F.No.142/1/2015-TPL
(Gaurav Kanaujia)
Director to the Government of India
Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended by the Income-tax
(7th Amendment) Rules, 2015, vide notification number S.O. No. 1014 (E), dated 15 April, 2015.

Saturday 20 June 2015

Why reject the Correction TDS Statement or TDS Return by TDS (CPC) ?


There are a few seasons to reject the corrected TDS Statement or TDS Return by TDSCPC, which are as under :

TAN is not valid as per data at TDSCPC

Statement corresponding to regular token number / previous token number field, as given in correction return, does not exist

Previous token number does not correspond to the last accepted correction statement at TDSCPC

Correction is filed for a regular return which is in cancelled state
In a correction statement, below are the verification keys which should match with the corresponding fields of regular statement :


  • RRR assessment year
  • Return Financial Year
  • Periodicity
  • Previous Token number
  • Last TAN of Deductor
  • Receipt number of Original / Regular Return
  • Form number


Sum given in 27A form should match with the sum of deducted amount of deductee records given in the correction statement

Wednesday 17 June 2015

Presumptive Taxation


Taxation is the most essential wing of the government’s revenue. It contributes a bulky amount to the government to meet the social and economic need of the nation. When collecting tax from the public the government tries to implement the tax structure which is extremely simple so that the general public does not feel the burden to determine and pay tax.  As per the general scenario, the small business is not well equipped to duly follow the tax provisions and efficiently comply with it. Considering it income tax act provides relief to the small businesses.

When is presumptive taxation available?
 As per the provisions of sec 44AD any individual, HUF or a partnership firm engaged in any business except the business of plying, hiring or leasing goods carriages can avail the benefit of presumptive taxation. The basic condition is that the total turnover/Gross Receipt in the previous year does not exceed Rs.40 lacs.

Benefit of Presumptive Taxation
·        When the aforesaid conditions are satisfied, the income of the business is estimated at 8% of the total turnover or gross receipt of the business.
·        No deduction in respect of the business expenditure (including depreciation on the assets used in the business) is allowed to be claimed from the deemed profits. The deductions are deemed to have been given full effect to and no additional deductions are allowed except for a few specified deductions as mentioned under the said provision.
·        In case of partnership firm, the normal deduction in respect of salary and interest to partners’ u/s 40(b) shall be allowed.

Payment of Advance Tax
No advance tax is required to be paid by the assessee in case of presumptive taxation.
                        
Maintenance of Books of accounts
The tax payer is not required to maintain specified books of account/ other documents in respect of their business. Also, there is no need to get the accounts audited and furnish an audit report.

What if profit falls below 8%?

An assessee earns profit below 8%, then he can declare lower income below deemed profits and gains. Provided he will have to maintain the books of account as per sec 44AA and will have to gets it audited as per section 44AB, irrespective of the turnover provided his total income exceeds the exemption limit.

Thursday 11 June 2015

Service tax Rate--01/06/2015


Non-Deposit of TDS - No Direct Demand against Assessee


WHEN somebody deducts TDS from you but does not deposit it with the Government, what is your remedy? You will get deduction for TDS only if it figures in the Form 26AS Statement. All your pleas and proof that TDS has been deducted will not cut ice with the Department.
CBDT has received grievances from many taxpayers that in their cases the deductor has deducted tax at source from payments made to them in accordance with the provisions of Chapter-XVII of the Income-tax Act, 1961 but has failed to deposit the same into the Government account leading to denial of credit of such deduction of tax to these taxpayers and consequent raising of demand.
As per Section 199 of the Act credit of Tax Deducted at Source is given to the person only if it is paid to the Central Government Account. However, as per Section 205 of the Act the assessee shall not be called upon to pay the tax to the extent tax has been deducted from his income where the tax is deductible at source under the provisions of Chapter-XVII. Thus the Act puts a bar on direct demand against the assessee in such cases and the demand on account of tax credit mismatch cannot be enforced coercively.
Section 205 reads as: Bar against direct demand on assessee. Where tax is deductible at the source under the foregoing provisions of this Chapter, the assessee shall not be called upon to pay the tax himself to the extent to which tax has been deducted from that income.
The CBDT wants this to be brought to the notice of all assessing officers so that if the facts of the case so justify, the assessees are not put at any inconvenience on account of default of deposit of tax into the Government account by the deductor.
 
CBDT Letter No. 275/29/2014-IT-(B)., Dated: June 01 2015

Thursday 4 June 2015

Clarification on rate of service tax on restaurant service is 5.6% i.e 40% of 14%

Circular No. 184/3/2015-ST Dated the 3rd June, 2015 F. No. 334 / 5 /2015-TRU (Pt.) Government of India Ministry of Finance Department of Revenue (Tax Research Unit) ***
Dated the 3rd June, 2015.
To Chief Commissioner of Customs and Central Excise (All) Chief Commissioner of Central Excise & Service Tax (All) Director General of Service Tax Director General of Central Excise Intelligence Director General of Audit, Principal Commissioner/ Commissioner of Customs and Central Excise (All) Principal Commissioner/Commissioner of Central Excise and Service Tax (All) Principal Commissioner/Commissioner of Service Tax (All)
Madam/Sir,
Subject: Clarification on rate of service tax on restaurant service – regarding.
The Service Tax rate has been increased to 14% with effect from 1st June, 2015.
Certain doubts have been raised in regard to abatement on value of services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess, having the facility of air-conditioning or central air-heating in any part of the establishment, at any time during the year.
2. Matter has been examined. Valuation of services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess having the facility of airconditioning or central air-heating in any part of the establishment, is determined as provided in rule 2C of the Service Tax (Determination of Value) Rules, 2006. In the said rule, service portion in an activity wherein goods, being food or any other article of human consumption or any drink (whether or not intoxicating) is supplied in any manner as a part of the activity, at a restaurant has been specified as 40 percentage of the total amount charged for such supply. In Budget, 2015, no change has been made in abatement and the rate of service tax on the abated value has been increased to 14% with effect from 1st June, 2015. Therefore, effective service tax rate would be 5.6% (14% of 40%) of the total amount charged. Hence, with the increase in the applicable rate of service tax from 12.36% (including education cesses) to 14%, the effective rate on such establishments has increased from 4.9% to 5.6% of the total amount charged.
3. It is further clarified that exemption from service tax still continues to services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess, other than those having the facility of air-conditioning or central air-heating in any part of the establishment, at any time during the year.
4. All concerned are requested to acknowledge the receipt of this circular.
5. Trade Notice/ Public Notice to be issued. Wide publicity through local news media including vernacular press may be given. Hindi version shall follow. Yours faithfully, (Akshay Joshi) Under Secretary to Government of India

Monday 1 June 2015

Service Tax


TDS/TCS Rates for FY 2015-16 / AY 2016-17


SectionNature of incomeWhen to deductRate of TDS
192Salary
Monthly- at the time of payment where estimated yearly net taxable salary exceedstax free limit.
On the average rates on the basis of per rates for individuals.
192A
Payment of accumulated balance
due of Employees’Provident Fund Scheme, 1952, to Employess
(w.e.f 01-06-15)
when the amount of
payment or aggregate amount of payment exceeds Rs. 30,000/-
10%
193(See
note- 1 )*
Interest on securities*a) any debentures or securities for money issued by or on behalf of any local authority or a corporation established by a Central, State or Provincial Act;b) any debentures issued by a company where such debentures are listed on a recognised stock exchange in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder;c) any security of the Central or State Government;d) interest on any other securityAt the time of credit or payment, whichever is
earlier, when the
amount exceeds Rs.
5,000/-
10%
194DividendsBefore making payment
to’ shareholder, other
than dividend declared
U/s. 115-0, when
amount exceeds Rs.
2,500/-
20%
194A
(See
note- 2)*
Interest other than
“Interest on securities”
At the time of credit or payment, whichever is
earlier, when the
amount exceeds Rs.
5,000/-. However, limit is Rs. 10,000/- in case of interest credited by banks including co‑operative banks to its members.
10%
194B /194BBWinnings from lottery, cross word puzzles card games,horse race, games of any sort including T.V. Game ShowsAt the time of  payment when it exceeds Rs. 5,000/- in other games and Rs. 2,500/- in the case of horse race.30%
194C(See
note- 3)*
Payment to
contractors/ sub-
contractors
At the time of credit or payment, whichever is earlier, when the amount of a  particular contract exceeds Rs. 30,000/- or the total
amount of contract
during the whole year exceeds Rs. 75,000/-
2% – For payments to
contractor/Sub-contractor
who is not an
Individual/HUF
1% – For payment to
contractor/Sub-contractor
who is an Individual/HUF
194DInsurance Commission
At the time of credit or payment, whichever is earlier when the amount exceeds Rs. 20,000/-
10%
194DAPayment under life
insurance policy
(including Bonus)
At the time of payment when the amount or the total amount during the whole year exceeds Rs. 1 ,00,000/-
2%
194HPayment of commission
brokerage
At the time of credit or payment whichever is earlier when the amount exceeds Rs. 5000/-
10%
194IRent
At the time of credit or payment, whichever is earlier, when the amount exceeds Rs. 1 ,80,000/-
10% – If rent is for land,
building or furniture
2% – If the rent is for
Machinery, Plant or
Equipment
194JAny sum paid by way ofa) Fee for professional services,b) Fee for technical servicesc) Royalty,d) Remuneration/fee/commission to a director ore) For not carrying out any activity in relation to any businessf) For not sharing any know-how, patent, copyright etc.
At the time of credit or payment, whichever is earlier, when the amount exceeds Rs. 30,000/-
10%
194IA
Payment on transfer of certain immovable property other than agriculture land.
At the time of credit or payment, whichever is earlier, when the land is situated in specified
area when amount exceeds Rs. 50 lacs
1%
194LB
Payment of interest on infrastructure debt fund to non resident or foreign company
At the time of credit or payment whichever is earlier
5%
194LBA
Payment of distributed income to resident unit holder by a business
trust and Payment of distributed income to non resident unit holder by a business trust
At the time of credit or payment whichever is earlier
10% 5%
194LBB
Payment of distributed income to unit holder in respect of units of an
investment fund (w.e.f 01-06-15)
At the time of credit or payment whichever is earlier
10%
194LC
Payment of interest by an Indian Company or a business trust in respect of money borrowed in foreign currency under a loan agreement or by way of issue of long-term bonds (including long-term infrastructure bond)
At the time of credit or payment whichever is earlier
5%
194LD
Payment of interest on rupee denominated bond of an Indian Company or Government securities to a Foreign Institutional Investor or a Qualified Foreign Investor
At the time of credit or payment whichever is earlier5%
206C
Collection on Sale of bullion and Jewellery
At time of sale, if sale
consideration is received in cash in excess of Rs. 2 Lacs
.
1%



Notes:

1. Securities includes listed as well as unlisted debentures issued by companies in which public are substantially interested.

2. In case of interest payment on time deposits by co-operative banks to its members the TDS Provision is applicable from 1-6-2015.

3. TDS provisions under Section 194A shall not apply to income paid by way of interest on the compensation amount awarded by the Motor Accidents Claims Tribunal where the amount of such income does not exceed Rs. 50000/- and further TDS on interest payment on compensation amount awarded by Motor Accident Claim Tribunal is deductible at the time of payment instead of accrual (WEF 01.06.2015)- Section 194A- Amendment in provisions related to TDS on interest

4. As per amended definition of ‘time deposits’ under section 194(3) it now includes include recurring deposits also. This implies that now, interest on recurring deposits is also subject to TDS.

5. Bankwise Income to be considered for TDS deduction on time deposits instead of Branch- Section 194A- Amendment in provisions related to TDS on interest

6. a) From 01.06.2015 – If the payment is made to contractor/sub contractor in transport business, no TDS shall be deducted at source in the course of payment for plying, hiring or leasing goods carriages if the contractor provides PAN Number and such contractor owns ten or less goods carriage at any time during the previous year and furnishes a declaration to that effect. (WEF 01.06.2015)- TDS deductible on Payment to Transporters owing more than 10 goods carriage

b) Up to 31.05.2015– No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of business of plying, hiring or leasing goods carriages on furnishing of his Permanent Account Number, to the person paying or crediting such sum.

7. No TDS deduction shall be made under section 194-I of the Act where the income by way of rent is credited or paid to a business trust, being a real estate investment trust (REIT), in respect of any real estate asset held directly by such REIT. (wef 01-04-2015) – Read More-Tax Regime for Real Estate Investment Trusts and Infrastructure Investment Trusts

8. In case of section 194LA, the sub-registrar shall register the document only after the challan for payment of TDS is presented before him.

9. Concessional rate of 5% withholding tax on interest payment under section 194LD will now be available on interest payable upto 30th June, 2017. – Extension of eligible period of concessional tax rate U/s. 194LD

10. TDS on Income in respect of units of investment fund- New section 194LBB to provide for TDS @ 10% on payments to a unit holder in respect of units of Investment Fund u/s 115UB – Pass through status to Category –I and II Alternative Investment Funds

11. Section 195 has been amended to provide furnishing of information in Form 15CA and 15CB for payments to a non resident/foreign company irrespective to the fact that whether or not those payments were chargeable under Income tax Act. (wef 01-06-2015) – Rationalisation of provisions relating to TDS and TCS

12. If the payment is made to a person (including non resident) whose receipts are subject to TDS shall mandatory furnish his PAN to the deductor (even though the deductee file a declaration in form no. 15G or 15H) otherwise the deductor shall deduct the TDS at higher of the following rates-

– The applicable rate prescribed in the Act or

– The rate mentioned in the Finance Act or

– 20%

13. Surcharge on TDS on payments made to non-resident person and company other than a domestic company


a) non-resident person (other than a company)– The amount of tax so deducted shall be increased by a surcharge at the rate of twelve per cent. of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees .

b) company other than a domestic company– The amount of tax so deducted shall be increased by a surcharge,-
at the rate of two per cent. of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed ten crore rupees;
at the rate of five per cent. of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees.

c) Surcharge on tax is not deductible/collectible at source in case of resident individual/ HUF /Firm/LLP/ AOP / BOI/Domestic Company in respect of payment of income other than salary.

14. Education Cess on payments made to non-resident person and company other than a domestic company


a) Non Resident & Foreign Companies– “Education Cess on income-tax” and “Secondary and Higher Education Cess on income-tax” shall continue to be levied at the rate of two per cent. and one per cent. respectively, of income tax including surcharge wherever applicable.

b) Other Resident Assessees- Education Cess is not deductible/collectible at source in case of resident Individual/HUF/Firm/ AOP/ BOI/ Domestic Company in respect of payment of income other than salary.Education Cess @ 2% plus secondary & Higher Education Cess @ 1% is deductible at source in case of non-residents and foreign company.

15. NO TDS on service tax component comprised in the payments made to residents – Circular No. 1/2014 , Dated 13-1-2014