CA NeWs Beta*

Search This Site

Friday, July 20, 2012

FAQs on Income Tax Returns

FAQs on Income Tax Returns
Q.1. If there is mismatch between the actual tax deducted and the amount shown in form 26AS, how to get it rectified and claim the balance?

It is advised to claim the actual tax deducted in the return. Such mismatch will be handled in accordance with Instruction No. 4/2012, in the following manner:

(a)    Where difference between claim and amount reported in AS-26 does not exceed Rs. 5,000, the claim shall be accepted;

(b)    Where zero claim is matching, the credit shall be allowed only after due verification by department;

(c)    Where there is claim with invalid TAN, the TDS credit for such claim is not to be allowed; and

(d)    In all other cases, the credit shall be allowed after due verification by the department.

Q.2. I have heard that a salaried person is not required to file return of income. Is it correct?

It is partially correct. In view of Notification No. 9/2012, a salaried person is not required to file his return, if following conditions are satisfied:

(a)    The total income of assessee does not exceed Rs. 5 lakh;

(b)    The total income consists of only following:

(i)    Salary from a single employer; and

(ii)    Interest on deposits in a saving bank account up to Rs. 10, 000.

(c)    The assessee reports his PAN and the amount of interest income to his employer; and

(d)    The employer deducts the tax due on total income including interest and furnishes a certificate in Form No.16 to the assessee.

It must be noted that, the benefit of this notification would not be available, if assessee has earned:

(a)    Any income other than salary or interest income; or

(b)    Salary income from more than one employer.

Example: The exemption from filing of return of income would be available in case salary income of assessee is Rs. 5,50,000 and interest on saving account is Rs. 10,000, provided assessee invests at least Rs. 60,000 to get section 80C deduction.

Q.3. How a salaried person can claim the refund if he is not required to file return of income by virtue of aforesaid Notification No. 9/2012?

Income tax refund can be claimed through filing of income-tax return only.

Q.4. Can a salaried person take the benefit of this notification, if during the year he has incurred losses under the head 'Income from house property'?

No, the benefit of this notification would not be available even if the total income of assessee is reduced to less than Rs. 5,00,000 after setting off the losses from house property.

Q.5. Can I seek exemption under this notification from filing of return of income in response to notice I received during the year under section 148?

No, you can't avail of the benefit of this notification. You have to file the return of income to comply with the requirement of notice issued under section 148. The said notification provides that the exemption from furnishing a return of income-tax shall not be available where a notice is issued under section 142(1)/148/153A/153C for filing return of income.

Q.6. I did not submit rent receipt and investment proof to my employer; the actual tax deducted from my salary income is much higher than my actual tax liability. How to claim refund of such excess tax deducted?

Even if the benefit of HRA deduction under section 10(13A) and deduction under Chapter VI-A were not considered by the employer in Form 16, it can be claimed in the income-tax return and, in turn, can claim the refund of excess tax deducted.

Q.7. During the relevant year, I have received advance rent pertaining to previous year 2012-13. Tax was deducted by the tenant from advance rent as well. Though the advance rent will be taxable in next year and the TDS certificate would be received in current year, how can I claim the partial benefit next year?

The portion of TDS credit, pertaining to income taxable in next year, can be claimed through same TDS certificate.

Q.8. When is income-tax return to be filled?

Every company is required to file return of income. However, for an individual and HUF, it is mandatory to file return of income, if their gross total income (before claiming Chapter VI-A deduction) exceeds the maximum limit. The maximum exemption limit and the slab rates are given in the following table:

Class of persons    Tax slab (Amount)    Tax rate
For resident women (aged less than 60 years)    Up to Rs. 1,90,000    Nil
Rs. 1,90,000 to Rs. 5,00,000    10%
Rs. 5,00,000 to Rs. 8,00,000    20%
Above Rs. 8,00,000    30%
For resident senior citizen (aged 60 years and above but less than 80 years)    Up to Rs. 2,50,000    Nil
Rs. 2,50,000 to Rs. 5,00,000    10%
Rs. 5,00,000 to Rs. 8,00,000    20%
Above Rs. 8,00,000    30%
For resident super senior citizen (aged 80 years or more)    Up to Rs. 5,00,000    Nil
Rs. 5,00,000 to Rs. 8,00,000    20%
Above Rs. 8,00,000    30%
Up to Rs. 1,80,000    Nil
For any other individual or HUF    Rs. 1,80,000 to Rs. 5,00,000    10%
Rs. 5,00,000 to Rs. 8,00,000    20%
Above Rs. 8,00,000    30%
Q.9. Is it mandatory to file return of income, if I have a PAN?

No, it is not mandatory to file return of income if your income is less than maximum exemption limit.

Q.10. I am an individual and a resident of India. Do I need to file return, if my income is below taxable limit but have an account in a foreign bank?

Yes, it is mandatory for you to file the income-tax return. In view of newly inserted provision in section 139(1) it is mandatory to file income-tax return, if following conditions are satisfied:

(a)    The assessee is resident and ordinarily resident in India;

(b)    Assessee is possessing any of following:

(i)  A bank account in a bank located abroad;

(ii)  An immovable property located abroad; or

(iii)    Financial interest in any entity located abroad.

An assessee is required to provide details of such bank account, immovable property or financial interest in the return.

Q.11. Which form should I choose to file income- tax return for the previous year 2011-12?

The following Table will be helpful to you for the purpose:-

Individual and HUF
Nature of income    ITR 1(Sahaj)    ITR 2    ITR 3    ITR 4    ITR 4S (Sugam)
Income from salary/pension    ✓     ✓     ✓     ✓    
Income from other sources (Only interest income or family pension)    ✓     ✓     ✓     ✓    
Income/loss from other sources        ✓     ✓     ✓    
Income/loss from house property        ✓     ✓     ✓    
Capital gains/loss on sale of investments/property        ✓     ✓        
Partner in a partnership firm            ✓     ✓    
Income from proprietary business/    profession                ✓    
Income from presumptive business                    ✓
Details of foreign assets        ✓     ✓     ✓    
Other Assesses
Nature of income    ITR 5    ITR 6    ITR 7
Firm    ✓        
Association of persons (AOP)    ✓        
Body of Individuals (BOI)    ✓        
Companies other than companies claiming exemption under sec. 11        ✓    
Persons including companies required to ΓΌ furnish return under:

(1) Section 139(4A);

(2) Section 139(4B);

(3) Section 139(4C); and

(4) Section 139(4D)

        ✓
Q.12. What are the due dates for filing of income-tax return for the year ending March 31, 2012?

It will be clear from the following Table:-

Assessee    Due date
An Individual or HUF    July 31, 2012
A Company    September 30, 2012
A person whose accounts are required to be audited    September 30, 2012
A working partner of a firm whose accounts are required to be audited    September 30, 2012
An assessee who is required to furnish a report under sec. 92E for international transaction    November 30, 2012
Any other person    July 31, 2012
Q.13. Whether it is mandatory to file return electronically?

(a)    It is mandatory for every company and other class of persons who are required to get their accounts audited.

(b)    For all other assessees, it is mandatory if their total income exceeds Rs. 10 lakh during the previous year 2011-12.

Q.14. How to file return electronically?

Income-tax return can be filed electronically with the help of following instructions:

(a)    Visit https://incometaxindiaefiling.gov.in;

(b)    Determine the ITR form suitable for your status and source of income (Refer FAQ 2) and download excel utility from the above listed website;

(c)    File income-tax return in the downloaded excel utility and generate XML file;

(d)    Click on following link to create your account: https://incometaxindiaefiling. gov.in/portal/register.do?screen=registerPage1

(e)    After creating your account, log in and click on "submit return";

(f)    Select the 'assessment year' and 'form name', then click on 'next';

(g)    Click on Browse to select the generated XML file and upload it;

(h)    On successful uploading, a pop-up menu will be displayed on the screen. Click on "Download" button to get the acknowledgement, i.e., ITR-V;

(i)    The final step is to get the printout of such an acknowledgement; get it signed and send it to "Income Tax Department – CPC, Post Bag No. - 1, Electronic City Post Office, Bengaluru - 560100, Karnataka" within 120 days of uploading the return either by ordinary post or by speed post only.

If ITR-V is not submitted within stipulated period of 120 days, then it will be deemed that assessee has not filed the return of income.

If assessee is using digital signature ("DSC") for uploading the return, it is to be registered on the website beforehand. If return is filed through DSC, assessee would not be required to send the printout of the acknowledgement to CPC.

Q.15. I have forgotten the log in details of https://incometaxindiaefiling.gov.in. How to proceed now?

(a)    Click on forget password or the following link (https://incometaxindiaefiling.gov.in/portal/register.do?screen=showforgotpwd);

(b)    In the password reset page, one of the following options can be selected:

(i)    Re-enter your answer to the secret question;

(ii)    Select the assessment year and enter e-filing acknowledgement number of any of the returns filed electronically since assessment year 2007-08; or

(iii)    Enter your credentials, i.e., PAN number, name of assessee, date of birth and father's name;

(c)    Enter new password twice and click on 'Reset Password' to generate new password;

(d)    If you are still unable to retrieve your password then send an email request from registered email-id, to validate@incometax india.gov.in with following details:

(i)  PAN Number;

(ii)  Name of the assessee as appearing on the PAN card;

(iii)    Date of Birth/Date of incorporation;

(iv)    Name of father as appearing on the PAN card;

(v)    Address;

(vi)    Mobile number; and

(vii)  Registered email id.

(e)    New password will be communicated to you by the income-tax department via email.

Q.16. If the last date of filing of income-tax return is a public holiday, can the next working day be treated as "last date of filing"?

Generally, income-tax department continues its operation during the last days even on Sundays and holidays. However, if department is closed on that day, then as per Sec. 10 of "General Clauses Act, 1897" upcoming working day of the department will be considered as the last date of filing of income-tax return.

Q.17. How can I find my jurisdictional Assessing Officer?

Either click on Services>Know your Jurisdiction on the home page or click on following link https://incometaxindiaefiling.gov.in/portal/common.do?screen=jurisdiction to know your Jurisdictional Assessing Officer.

Q.18. How can I come to know about TAN of my deductor?

It can be found either on the Form 16/16A or in the 26AS tax credit statement available on NSDL website.

Q.19. How would I know if my e-return has been processed at CPC Bangalore?

Log on to the e-filing website and select CPC processing status to check the status of your return.

Q.20. I have e-filed my income-tax return and sent the signed copy of acknowledgement to CPC. However, I have received a letter from CPC that said form has not been received. Since time-limit to resend the acknowledgement has already expired, whether it will be deemed that I have not filed the return?

The same issue has been dealt with by the Bombay High Court in the case of Crawford Bayley & Co. v. Union of India [2011] 16 taxmann.com 323, wherein the Court, inspite of expiry of the specified time-limit, condoned the delay in sending of acknowledgement and allowed additional time to assessee to resend the same.

Based on the above ruling, you can resend the acknowledgement, even though the time-limit for filing ITR-V has already expired.

Q.21. Can I file the return even if I couldn't file the return within due date?

The return can be filed belatedly, however, before completion of any of following time limit:

(a)    One year from the end of relevant assessment year; or

(b)    Before completion of assessment.

Income-tax return for the previous year 2011-12 can be filed by an assessee upto March 31, 2014. Please note that in that case assessee may be subjected to levy of interest under section 234A and penalty under section 271F.

Q.22. Can I file return of income even if my income is below taxable limits?

Yes, you can file return of income voluntarily, even if your income is less than the maximum exemption limit.

Q.23. I have filed my return of income; however, I forgot to claim benefit of section 80C deduction. What should I do now?

The benefit of omitted claim can be availed of by filing of revised return only. It must be noted that the return can be revised, only if originally it has been filed within due date. An income-tax return can be revised within one year from the end of the relevant assessment year or before completion of the assessment, whichever is earlier.

Q.24. I am a salaried person. My total taxable salary is Rs. 5,40,000 on which tax has been duly deducted under sec. 192 amounting to Rs. 41,200. During finalization of return, I found that my bank has given me a credit of Rs. 124,500 towards interest. Please guide me what should I do now?

In this situation, you have to pay the balance taxes on the interest income (or any other income) before filing of return. As per revised computation, your total tax liability would be Rs. 66,847. Since tax of Rs. 41,200 has already been deducted under sec. 192, the balance tax of Rs. 25,647 should be paid along with interest under section 234B and 234C amounting to Rs. 1026 and Rs. 949 respectively.

The above tax and interest can be paid in any authorized bank, through Challan No. ITNS 280. Alternatively, it can be paid through online bank portal through following link https://onlineservices.tin.nsdl.com/etaxnew/tdsnontds.jsp

Q.25. What documents are to be enclosed along with the return of income?

New return forms are annexure less. Hence, no need to enclose documents along with the return of income.

Q.26. During the year, I have given a donation to an organisation registered under section 80G. How to claim deduction for the same under sec. 80G?

Deduction under section 80G is available if following details are furnished:

TaxSpanner, a website for e-filing of income tax returns, has launched a professional income tax course

Short-term programme in Income Tax
July 19,2012 DHNS
http://www.deccanherald.com/page_images/thumb/2012/07/18/265288_thump.jpg
TaxSpanner, a website for e-filing of income tax returns, has launched a professional income tax course.

The course will be full-time for two-months — equivalent to 20 hours per week of coaching. The course also offers students a two-month guaranteed industrial internship (training) with TaxSpanner, during which those enrolled will be paid a stipend of Rs 10,000 a month.

The course also includes free usage, worth Rs 20,000, of TaxSpanner platforms for providing services like filing of ITR 1, ITR 2 and ITR 4, along with TaxOptimizer.
An individual taxpayer spends between Rs 250 to Rs 5,000 to get his/her tax returns filed. Moreover, the taxpayer overpays an amount of Rs 20,000 on an average due to inefficient tax optimisation.

Now, though the course is online (exams may be conducted offline), various coaching institutions have tied up with TaxSpanner to use its curriculum to add to their existing certification courses.

The course fee is Rs 25,000 for the two months and will be available to students in Delhi, Mumbai, Bangalore, Chennai, Kolkata, Hyderabad and Pune.

Commerce graduates and CA aspirants can attend this programme.

Invitation from PNB


PNB is organising a CAs meet at Thane on Monday. Find enclosed the invitation for the same. Please make it convenient to attend the meet.

Dear  

CHARTERED ACCOUNTANTS

PUNJAB NATIONAL BANK


Cordially invites you in  

CHARTERED ACCOUNTANTS MEET

On Monday 23-07-2012, 4.30 p.m.

At
Thane Ghodbandar Branch
123, I st Floor, Soham Plaza, Manpada Junction, Godbunder Road,
Thane (West) -400 610


      Raman Grover                                                                                D. K Jain
      Chief  Manager                                                                       Circle Head
     MG Road Thane
       09819010132

New Hawala Dealer List



 
 

VAT Dept. has issued Fresh Hawala Dealer List containing 1277 dealer.
 
They have removed one dealer from the list.
27760631776V
SUJASH STEEL & IRON PVT LTD

Value of shares allotted free of cost to employees is deductible revenue expenditure

The assessee allotted 3,94,692 Sweat Equity shares to its employees free of cost for rewarding them for past services or providing know how for making available rights in the IPR as per s. 79A of the Companies Act, 1956. Though the shares were allotted for no consideration, the assessee accounted for the shares at Rs.106.26 each (face value Rs. 10) at its arms length price and claimed Rs. 4.19 crores as a deduction towards “employees benefit expenses”. The shares were not allotted as at 31.3.2006. The AO disallowed the claim on the ground that it was not an ascertained liability but was a contingent liability though the CIT (A) allowed the claim. In appeal before the Tribunal, the department relied on Ranbaxy Laboratories 124 TTJ 771 (Del) & VIP Industries (ITAT Mum). HELD dismissing the appeal:

(Click Here To Read More)

ESOP expenses held to be allowed if recognised in compliance of SEBI norms


In this case, the assessee had debited a sum of Rs. 66.82 lakhs in respect of Employees Staff Option Plan. The shares were allotted by the assessee in compliance of SEBI regulations, which mandate that the difference between the market prices of shares and the price at which the option is exercised by the employees is to be debited to the Profit and Loss Account as expenditure. During assessment proceedings the AO allowed the ESOP expenses. However, during proceeding under section 263 the CIT held that the accounting treatment prescribed by SEBI, nowhere suggests that it was revenue expenditure, to be debited to the Profit and Loss account, as it was only a notional and contingent expenditure.
On appeal, the Tribunal held that it was not a case of contingent liability. The expenditure in this behalf was an ascertained liability, thus the expenditure incurred being on lines of the SEBI guidelines, was correctly claimed by the assessee.
On further appeal, the High Court upheld the order of Tribunal and allowed deduction in respect of difference between market prices of shares and the price at which the option was exercised - CIT v. PVP VENTURES LTD. [2012] 23 taxmann.com 286 (Madras)

Wednesday, July 18, 2012

Vacancy for Manager Finance and Accounts Amazon India Software Dev Centre Pvt Ltd

Job Description Lead the Finance and Accounting Function involving: a) Monthly Book Close as per IN and US GAAP b) Take responsibility for all GL activities c) Statutory & Tax Audit d) Compliance with VAT / Income Tax / Labor Laws e) Budgeting and MIS Reporting Basic Qualifications Chartered Accountant / Cost Accountant Strong Experience in Accounting for IN GAAP and exposure to US GAAP desired Overall Experience of about 8 to 10 years necessary Preferred Qualifications Exposure to ERP environment is desired but not compulsory Good Excel Skills Good Communication Skills in English

Job Available for Senior CA

A senior CA/ CS or a professional with single qualification (but with an experience of not less then 10 years) required for NCR based group having several companies in various segments.

Quick response is requested.

Emoluments will be decent for suitable candidate (preferably male) well versed also in distressed asset related legal matters and willing to travel for the work of the group.

Contact:

Seminar on Not-for-Profit Organisations on 22nd July 2012 - Organised by IASB of ICAI

Seminar on Not-for-Profit Organisations (NPOs) - Value Additions by Internal Auditors
[On: July 22, 2012 (Sunday)]
[At: Hotel Karl Residency, Lallubhai Park, Andheri West, Mumbai]
Organized by        :     Internal Audit Standards Board (IASB) of the ICAI
Hosted by             :     WIRC of the ICAI
Program Details:
Registration
9:00 a.m. to 9:30 a.m.
Inaugural Session and Welcome Speech
9:30 a.m. to 10:00 a.m.

Technical Session I
(10:00 a.m. to 11:00 a.m.)
Overview of Laws concerning NPOs & Distinguishing Aspects in Trusts, Societies, Section 25 Companies
CA. Ghia Tarun Jamnadas
11:00 a.m. to 11:15 a.m.
Tea and Networking Break
Technical Session II
(11:15 a.m. to 12:15 p.m.)
Hi Tek Agriculture, Cold Chain, Food Processing, Rural Development – New area for CA profession
CA. Vinod Desai

Technical Session III
(12:15 p.m. to 1:15 p.m.)
Registration u/s. 12AA and 80G of the Income Tax Act
 CA. Sanjeev Pandit

1:15 p.m. to 2:15 p.m.
Lunch and Networking Break
Technical Session IV
(2:15 p.m. to 3:15 p.m.)
Taxation of NPOs
CA. Vipin Batavia
3:15 p.m. to 3:30 p.m.
Tea and Networking Break
Technical Session V
(3:30 p.m. to 4:30 p.m.)
Audit of NPOs under BPT/ Income Tax Act
CA. Suhas Malankar
Technical Session VI
(4:30 p.m. to 5:30 p.m.)
FCRA Provisions
CA. Brijesh Shah
Delegate Fees: 1200/- per member

(D.D./Pay  Order/  Cheque  should  be  drawn  in  favour  of  "WIRC of the ICAI”, payable at Mumbai. Please   mentio you name,   membershi number   and   contac detail a the   bac o the cheque/demand draft.)

Brochure & Application form for Student National Convention At Aurangabad

Dear All

Kindly find in the following details related to National Convention for CA Students to be held at Aurangabad on 11th and 12th August 2012.

Aurangabad Branch of WIRC of ICAI and Aurangabad Branch of WICASA of ICAI feels privileged to announce that for the first time at Aurangabad Γ’€Ε“National Convention for CA Students - EklavyaΓ’€� is being organized on 11th (Saturday) & 12th(Sunday) of August 2012. The convention is only for Students who are registered with ICAI.

The venue for the two day convention is Sant Eknath Rangmandir. Main highlights of the convention are stated in brief as below:

Tuesday, July 17, 2012

Vacancy for Assistant Manager / Deputy Manager - International Tax Deloitte

Assistant Manager / Deputy Manager - International Tax

Location: Gurgaon, Haryana, India
Firm Service: Tax
Reference Code: 60495
Type of Position: Full-time

Job Description

- Candidate must have knowledge of International Tax, FEMA, SEBI, tax treaties, DTAA etc.>
- Qualified Chartered Accountant with the relevent experience in Direct Taxation.
- 1 to 5 years
Apply Online

Looking for a Finance Controller to be based at Nirobi (Kenya)

Looking for a Finance Controller to be based at Nirobi (Kenya).
Candidate Should be a CA and Should be having 10 - 15 years of Experience into trading background.
Interested Candidates may forward their profiles to recruit@datumhin.com / roshni@datumhin.com

A new scheme called Rajiv Gandhi Equity Savings scheme is proposed in the Union Budget 2012-13 to encourage flow of saving in financial instruments


A new scheme called Rajiv Gandhi Equity Savings scheme is proposed in the Union Budget 2012-13 to encourage flow of saving in financial instruments and improve the depths of domestic capital market. The Union Finance Minister Shri Pranab Mukherjee in his Budget speech in Lok Sabha said that the scheme allows for income tax deduction of 50 per cent to new retail investors, who invest up to Rs 50,000 directly in equities and whose annual income is below Rs 10 lakhs. The scheme will have lock-in period of three years. The details will be announced in due course. However No provision was proposed in Finance Bill, 2012 to

Urgent opening for a CA with 1 or 2 years of experience into manufacturing industry to be based at Maputo

Urgent opening for a CA with 1 or 2 years of experience into manufacturing industry to be based at Maputo (Mozambique).
For further inquieries you can call on +91-9904003815 or 079-30009724.
Interested candidates may forward their profiles to archana@datumhin.com

I-T raids on businessmen rock assembly on opening day


BHOPAL: Income tax raids on two powerful businessmen triggered a stormy start to the monsoon session of the Vidhan Sabha with the opposition stalling the proceedings, demanding a debate on their alleged close links with ruling BJP leaders in Madhya Pradesh.

Amid noisy scenes, the house had to be adjourned twice, once for half-an-hour and later for the day, as opposition Congress members trooped in to the well of the house, raising slogans to press for a debate on their notices for adjournment motion saying that the recent income tax raids on builder-contractor Dilip Suryavanshi and teacher-turned mining baron Sudhir Sharma had brought to focus the issue of rampant

USA-CASH ON HAND/BANK--AUDIT


U.S. regulators plan a widespread review of futures firms to determine whether cash they supposedly have on hand is actually in their bank account, sources said. Auditors from the National Futures Association and CME Group will conduct the inquiry.

Companies (Second Amendment) Act,2002


MCA Updates
Enforcement of certain provisions of Companies (Second Amendment) Act, 2002
Companies (Second Amendment) Act, 2002, which proposes to bring about several regulatory and procedural changes in Companies Act, 1956 through insertion of provisions in the Act and amendment in various sections of Companies Act, 1956, is not effective till date.
Section 2 of the Amendment Act states that Central Government may appoint a date, by notification in the Official Gazette to bring into force the amendment Act, provided that different dates may be appointed to give into effect different sections of the amendment Act. Drawing its authority from this section, the Ministry of Corporate Affairs, vide Notification S.O. (E) dated July 10, 2012 has notified August 12, 2012 as the effective date of Companies (Second Amendment) Act, 2002, w.r.t. certain sections of Companies Act, 1956. This is for the first time that a

Result Date Revised CA Final Examination held in May, 2012 and Common Proficiency Test (CPT) held in June, 2012 -

The Institute of Chartered Accountants of India
Post Box No.7112, Indraprastha Marg, New Delhi – 110002
17th July, 2012
IMPORTANT ANNOUNCEMENT
In supersession of our announcement dated 11th July, 2012 on the likely date and timing of the
declaration of the results of the Chartered Accountants Final examination held in May 2012 and of the
Common Proficiency Test held in June 2012, this is to inform that due to unavoidable reasons, both the
above referred results are now likely to be declared latest by the evening of Thursday, the 19th July, 2012.
The details of the said results as well as the merit list (candidates securing a minimum of 55% and above
marks and upto the maximum of 50th Rank in the case of Final examination and candidates securing a

SEIZURE OF GOODS – SOME ISSUES.

    Section 110 of the Customs Act, 1962 deals with seizure of goods.  Under sub section (1) the proper officer is entitled to seize goods, which he has reason to believe, are liable to confiscation under the Act.  If the goods are capable of being seized the proper officer may serve on the owner of the goods, an order prohibiting him from removing, parting with or otherwise dealing with the goods, except with the previous permission of such Officer.  If the goods are of perishable or hazardous nature, then the Government may order their disposal, by following the procedure.  But Section 110(2) prescribes a period of limitation for the proper Officer to take action and for the return of the goods if no action is taken within the prescribed period.

                        Section 110(2) provides that where any goods are seized under sub section (1) and no notice in respect thereof is given under clause (a) of Section 124 within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized.  The above said

HOTEL INDUSTRY – NEGATIVE LIST IS POSITIVE

"Service tax by way of Negative list" is the beginning of a new era in the 18 years old Service tax law. Most of the existing provisions have been reviewed to line up them with the new scheme. Inspite of a no. of ambiguities regarding the negative list to be introduced w.e.f. 1.7.2012, the hotel industry is receiving positive signs therefrom. This piece of articulation is about the impact of negative list scheme on the hotel industry.

Cenvat Credit allowed with Abatement:-

In most of the services offered by a hotel, the abatement facility has been continued even in the negative list. However, as an add-on, the facility of Cenvat Credit has also been extended. On Mandap Keeper services abatement @ 30% has been extended with Cenvat facility under the notification no. 13/2012-ST dated 17.3.2012. However, on supply of food items in restaurant and as an outdoor caterer, taxable value has

Monday, July 16, 2012

PUNJAB NATIONAL BANK INVITES APPLICATIONS ON THE PRESCRIBED FORMAT FROM PRACTICISING FIRMS OF CHARTERED ACCOUNTANTS IN INDIA FOR EMPANELMENT FOR CONCURRENT AUDIT OF BRANCHES / OFFICES.

Punjab National Bank (A Government of India Undertaking) New Delhi
Last Date : 20/07/2012
“PUNJAB NATIONAL BANK INVITES APPLICATIONS ON THE PRESCRIBED FORMAT FROM PRACTICISING FIRMS OF CHARTERED ACCOUNTANTS IN INDIA FOR EMPANELMENT FOR CONCURRENT AUDIT OF BRANCHES / OFFICES.”

Address: Punjab National Bank (A Government of India Undertaking) Head Office, Inspection & Audit Division, Revenue Audit Cell, 2nd Floor ,Rajendra Bhawan, Rajendra Place, New Delhi -110008
Phone: 011-25744351
Email: iadrevaudit@pnb.co.in

Empanelment of Chartered accountants & chartered accountant firms

Punjab National Bank Jodhpur
Last Date : 20/07/2012
Empanelment of Chartered accountants & chartered accountant firms .

Address: Circle Office,802 Angira Darpan,Chopasani Road,Jodhpur
Phone: 0291:2648172
Email:

CERC is looking for Joint Chief (Finance) in Delhi.



Job Description: CERC is looking for Joint Chief (Finance) in Delhi.


CERC invites application for the post of Joint Chief (Finance) in Delhi.

Job Profile:Salary: Rs. 14300-400-18300(pre-revised)Revised to PB-4: Rs. 37400-67000 plus
Grade Pay of Rs. 8700/-per month.

All Ministries /Department of the Govt. of India, All the State Governments/State Electricity Regulatory

Income tax - Whether CA's expert advice can be cited as bona fide reason for claiming false deduction, and thus no penalty is leviable - NO: ITAT Third Member

KOLKATA, JULY 16, 2012: THE issues before the Third Member are - Whether expert advice by the assessee's CA can be cited as bonafide reasons for claiming false deduction and hence penalty cannot be levied in such circumstances and Whether Third Member can sit in judgment over dissenting member's view. And the answer goes against the assessee.

Facts of the case

The assessee is engaged in the stevedoring business and had filed the original return of income on 25.11.2003 disclosing income of Rs 26,950, and this return was processed u/s 143(1) of the Act. In the assessment so finalized, the assessee has claimed a deduction of Rs 23,25,000 in respect of expenses incurred on voluntary retirement scheme. The AO was of the view that this claim was erroneous inasmuch as the assessee was entitled to the deduction, u/s 35DDA of the Act, of only one fifth of the expenses incurred on voluntary retirement scheme. The AO further noted that in the immediately preceding year, the assessee

GUIDANCE NOTE ON CERTIFICATION OF XBRL FINANCIAL STATEMENTS

The objective of the Guidance Note issued by ICAI is to provide guidance to the practitioners in certification of XBRL formatted statements in terms of the requirements of the Ministry’s General Circular No. 57/ 2011 dated July 28, 2011 read with MCA’s General Circular No. 43/2011 dated July 07, 2011. These Circulars require that besides signing by signatories as specified under section 215 of the Companies Act, 1956, the financial statements prepared in XBRL mode for filing on MCA-21 portal would also need to be certified by, inter alia, a Chartered Accountant. The financial statements referred here would mean the balance sheet, the

SERVICE TAX ON RESTAURANT



Refer Sl no. 19 of the Notification NO. 25 /2012 ST dt 20/6/2012 which is reproduced as follows:-

19. Services provided in relation to serving of food or beverages by a restaurant, eating joint or a  mess, other than those having (i) the facility of air-conditioning or central air-heating in any part of the establishment, at any time during the year, and (ii) a licence to serve alcoholic beverages;

Chennai bench ITAT on Payment to Chinese Ship Yard for repairs etc Held no TDS u/s 195 r.w.s 9 (with comprehensive past coverage); Unsecured loan between incorporation date and commencement date not taxable u/s 68; Lease premium whether Advance rent

 KRISHAK BHARATI COOPERATIVE LTD.
 THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 03.07.2012 Decided on :12.07.2012 Did not the Tribunal commit a patent error of law in holding that the amortization of lease premium paid by the appellant was capital expenditure and not revenue expenditure?” 13. This court is of opinion that all the decisions cited by the assesse, apart from Madras Auto are fact dependent. The concerned High Courts were able to discern some elements from the conduct of parties, or surrounding circumstances, and conclude that the lease or premium amount paid, was advance rent, which could be amortized and treated as revenue payments over the succeeding years. Some advantage in the form of token, or highly depressed rent coupled with other benefit or liability conferred to the lessee was present in each of those cases. In Sun Pharma, for instance, the assessee, claimed deduction of `. 48,02,616,- payment to the Gujarat Industrial Development Corporation (GIDC). The assesse was able to show that the annual lease rent was extremely nominal, i.e., at ` 40/- and claimed it is as revenue expenditure. After considering the terms of the lease agreement, which stipulated the lease term as 99 years, the High Court affirmed the following findings of the Tribunal: "It is not disputed that the land which has been leased out to the assessee did not cease to be belonging to GIDC, the lessor. The lease deed was registered because as per the Registration Act it is compulsorily registrable, but it has not changed the ownership. It is not also disputed that the lease rent is very nominal and by obtaining this land by lease the capital structure of the company has not been . . Thus, by this payment the assets of the assessee-company had not been increased because the land continued to be the land of GIDC. The benefit the assessee got is only of an advantage of carrying on the business more profitably by paying nominal rent on the land. The issue can be considered in another angle. It cannot be disputed that if the land is not obtained by the assessee it would not be possible for it to carry on the business . . " Facially, the High Court’s judgment discloses that the reasoning of the Tribunal was affirmed. The Court held that: “By obtaining the land on lease the capital structure of the assessee did not undergo any change. The assessee only acquired a facility to carry on business profitably by paying nominal lease rent. In the light of the aforesaid findings of fact and the ratio of the apex court decisions, the court does not find this to be a case which warrants interference. Even the Assessing Officer has recorded that the payment was for use of land. There is no legal infirmity committed by the Tribunal.” The above extracts bear out the previous observation of this Court that the reasoning in the judgments cited by the assesse were fact dependent, and contextual. 14. In the present case, what is apparent is that the lessee (assesse) paid a substantial amount (`. 2.53 crores) in 1989 at the time of entering into the transaction. It was a precondition for securing possession; the amount was one-time consideration in terms of the lease condition. In addition, the lessee has to pay 2.5% of the said amount as annual rent, which is subject to increase periodically. No doubt, the assesse argues that the annual rent is depressed, and does not reflect the market rent. However, there is no material to support this submission. Nor is there any material to support the argument that the amount of `. 2.53 crore paid over 23 years ago did not constitute the true and real consideration for creating an interest in the property. We also notice that the terms of the lease agreement stipulated that the registration and stamp duty and charges were borne by the lessee (assesse). In this background, the restrictions imposed on the lessee, i.e. enjoining it not to transfer for a particular period, and granting liberty to transfer the right subject to certain conditions, and other restrictions regarding land use, are consistent with the nature of interest created, i.e. lease hold rights. The court is also conscious of the fact that the tenure of the lease is quite substantial, and virtually creates ownership rights in favour of the lessee, who is at liberty to construct upon the plot. Exclusive possession was handed over to the assessee at the time of creation of the lease. Having regard to all these factors this Court is un-persuaded by the assesses’ submission that the amount of `. 2.53 crores paid in 1989 had to be treated as advance rent, which could be amortized annually, in equal instalments, as is urged on its behalf The question of law framed is answered accordingly, against the appellant, and in favour of the revenue

M/s. Divya Fuels, Mahaboobnagar  IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCH ‘A’, HYDERABAD It is an
undisputed fact that the assessee-firm came into existence only 7.6.2005
and commenced its business in the month of August, 2005, and that being so assessment year 2006-07 is the first year of business of the assessee. While the total unsecured loans claimed to have been raised by the assessee are of the order of Rs.42,27,977, the CIT(A), as noted above, segregated the same into two categories, viz. pertaining to the periods prior to commencement of business and after commencement of business. Prior to commencement of business, the assessee having not made any sale or business, could not have income to cover the aggregate amount of unsecured loans of the relevant period. As such, the CIT(A) in
our opinion , was justified in directing the assessing officer to delete the additions in respect of unsecured loans pertaining to the period prior to commencement of business. The decision of the Hon’ble Allahabad High Court in the case of Kapur Bros. (supra) clearly applies to the facts of the present case. We accordingly uphold the order of the CIT(A) on that aspect and dismiss the grounds of the Revenue.

IN THE INCOME TAX APPELLATE TRIBUNAL
‘B’ BENCH, CHENNAI ITA Nos.1252 to 1254/Mds/2011
(Assessment Years: 2003-04, 2005-06 & 2008-09) 8. We have heard rival submissions made by the parties and have gone through the order of the CIT(A) as well as judgements relied on by the counsel for the assessee. We are of the considered opinion that dry dock expenses were paid by the assessee to the Chinese ship yard for carrying out
maintenance and repairs to the ship to make it seaworthy. The Chinese ship yard does not have permanent establishment in India, therefore the entire amount of dry dock expenses paid to Chinese ship yard companies is not taxable in India. Since no part of the payment is taxable in India, the assessee was not liable to deduct tax at source on such payments. Our view is further fortified by the decision of the
Delhi Bench of the Tribunal in the case of Lufthansa Cargo India (P) Ltd. Vs. DCIT reported as 91 ITD 133, wherein, it has been held that payment for repairs made outside India, therefore such items would fall within the purview of exclusionary clause of section 9(1)(vii)(b). Thus, even assuming that payment for such maintenance repairs were in
the nature of fees for technical services, it would not be chargeable to tax. The Tribunal further held that the payments for repairs of aircrafts were made for earning income from sources outside India and were therefore, to be excluded from fees for technical services under section
9(1)(vii)(b). The CIT(A) in the impugned order has observed that
under Article 7 of Double Taxation Avoidance Act agreement between India and China, the business profits of Chinese resident is taxable only in China unless it carries on business through permanent establishment in India. The CIT(A) relied on the order of the Delhi Bench of the Tribunal in the case of Lufthansa Cargo India (P) Ltd.(supra) and has directed the Assessing Officer to delete the addition made towards dry
dock expenses. We find that in the instant case ships were sent by the assessee outside India (i.e to Chinese ship yards) for maintenance and repairs on work contract basis. Since there was no permanent establishment of Chinese ship yards in India, therefore, no tax at source is to be deducted on the payments made by the assessee to Chinese ship yards. We therefore, uphold the finding of the CIT(A) on this issue.
Accordingly, the appeals of the Revenue are dismissed Also refer:

1 IN THE INCOME TAX APPELLATE TRIBUNAL
BENCH ‘C’ CHENNAI M/s. Leaap International P.
Ltd.,
Once it is found that the
payments have been made to foreign companies for their services rendered
outside India and that such foreign companies do not have any branch or place
in India, then the income of such foreign companies would obviously not be taxable in India. If the income of the foreign company is not taxable in India,
then as per the provisions of sec. 195 as the sum is not chargeable under the
provisions of this Act the said section cannot have an application This view of
ours finds support from the decision of the Hon'ble Supreme Court in the case of
G.E. India Tech reported in 327 ITR 456 (SC)... In the circumstances, respectfully following the principles as laid down by the
Hon'ble Supreme Court, as it is found that the payments made by the assessee
being to a foreign company for services rendered outside India and the foreign
company having no branches or business place in India, the payments made by
the assessee to the foreign companies are not liable for deduction at source u/s
195 of the Act. (It was the
further submission that the finding of the learned CIT(A) that all the freight
payments or clearing and forwarding charges, payments have been received
abroad and the real work of transportation or clearing and forwarding by the
non-resident have been done abroad only, has not been disputed by the
Revenue)

2.Taj Leather Works   I.T.A. No.: 1686 and 1687/Kol/2011
Assessment year 2007-08 and 2008-09   IN THE INCOME TAX APPELLATE TRIBUNAL,  KOLKATA ‘B’ BENCH, KOLKATA 6. It is an admitted position that so far as the airfreight is concerned, it is paid to the agents on the actuals basis and that the bills and airfreight documents have been directly issued to the foreign airlines. PDP and DHL, while accepting payments for airfreight components, have acted merely as agents of the respective airlines and have not received the airfreight payments in their own right. In copies of airway bills, which have been filed before us in the paperbook, the name of thes e agents is shown as “Issuing carrier’s agent and the city” as also the agent’s code is given as “Agent’s IATA code”. There is thus enough material to demonstrate that the persons having received money for the airfreight have received the same in their capacity as “issuing carrier’s agent” i.e. agent of the airline concerned. The airfreight payment is thus made to the foreign airlines, namely SIA, Emirates, British Airways and Lufthansa – though through the agent, i.e. PDP and DHL etc. 9. We have also noted that it is not even the revenue’s case that the amounts paid to foreign airlines, on account of airfreight payments, are taxable in India, and quite rightly so, because, as the provisions of all the respective tax treaties clearly provide, the profits from operations of ships and aircrafts in the international traffic are taxable only in the state in which the respective enterprise are fiscally domiciled and not in the source state. This rule, howsoever devoid of paradigm justification as it may appear to many of us, is one of the fundamental rules followed in almost all the tax treaties and our tax treaties with UK, UAE, Singapore and Germany are no exception to this general rule. It is only elementary that a tax deduction at source under section 195 is only a vicarious liability inasmuch as when recipients of income, i.e. the airlines concerned, have no primary liability to pay tax, there cannot be any vicarious liability to deduct tax from payments in which such income is embedded.
3, M/s.UPS SCS (Asia) Limited IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCHES “L”, MUMBAI 22nd day of February, 2012.  ITA No.2426/Mum/2010

4. We have heard the rival submissions and perused the relevant material on record in the light of precedents cited. The entire dispute centers around the taxability of the amount received by the assessee from Menlo India in respect of services performed outside India on the export consignments of Menlo India originating from India. There is no quarrel over the nature of services for which the above referred amount has been paid to the assessee being, freight and logistics services such as transport, procurement, customs clearance, sorting, delivery, warehousing and pick up services. Now the primary question which arises for our consideration is as to whether the payment in respect of these services can be held as `fees for technical services’ within the meaning of section 9(1)(vii).

 17. Thus it can be noticed that the payment made to the assessee in question is not a consideration for managerial or technical or consultancy services. That being the position, it cannot fall within the ambit of section 9(1)(vii). 19. It is, therefore, patent that the payment received by the assessee neither falls u/s 9(1)(i) nor u/s 9(1)(vii). Since the income cannot be described as deemed to accrue or arise in India and there is no doubt about such income having not been received or deemed to be received or accruing or arising in India, the taxability of such income fails. We, therefore, overturn the impugned order and hold that the amount in question cannot be charged to tax.

4, Gujarat High Court in  VENKATESH KARRIER LTD TAX APPEAL No. 172 of 2011  20/03/2012 3. The only question that falls for determination in all these appeals is whether the Tribunal committed substantial error of law in holding that the assessee was not liable to tax in India as per Article 8 of the Double Taxation Avoidance Agreement [for short, DTAA hereafter] between India and UAE and accordingly was justified in deleting the tax levied by the Assessing Officer. At this stage, it will also be profitable to refer to the provisions contained in Circular No. 333 dated February 2, 1982 issued by the Board which states that the provisions made in DTAA would prevail over the general provisions of the Act. Circular No. 732 dated December 20, 1995 further clarifies that if ships are owned by an enterprise belonging to a country, with which India has entered into an agreement of avoidance of double taxation, and the agreement provides for taxation of shipping profits only in the country of which the enterprises is a resident, no tax is payable by such ships at the Indian ports.  10. After taking into consideration the above circulars issued by the Board and also the provisions contained in Article 8 of the DTAA, we find that both the Tribunal below and the CIT [Appeals] rightly held that in such a situation, the owner of the ship being admittedly a resident of UAE, there was no scope of taxing the income of the ship in any of the ports in India. The agreement between the two countries has ousted the jurisdiction of the taxing officers in India to tax the profits derived by the enterprise once it is found that the ship belongs to a resident of the other contracting country and such position has also been clarified by the Circulars issued by the Board as indicated above.

5.Delhi ITAT in M/s MRO (India) (P) Ltd., ITA No.3838/Del/2007 11.02.2011. Kiwish Co Payment for co-ordination charges : HELD not FTS u/s 9(1)(vii) (refer 5  judge bench GVK order of SC of India dated 1/3/2011)

11. Similarly, the term “fee for technical services” mean payment of any kind to any person other than payments to an employee or the persons making the payments or to any individual for independent personal services mentioned in Article 14 in consideration for services of managerial, technical or consultancy nature, including the provision of services of technical or other personnel. The nature of payment

The Institute of Cost Accountants of India is planning to set up 1,000 support centres for students

The Institute of Cost Accountants of India is planning to set up 1,000 support centres for students.
“Our target is to open these cost and management support centres in one year though we might complete it within six months,’’ Mr M. Gopalakrishnan, President, ICAI, told newspersons here on Monday.
The Kolkata-based apex institute for cost accountants would roll out at least three hundred support centres in different parts of the country within a week. The demand for cost accounts was increasing from across the industry, he said.
The ICAI had also launched a new post-qualification advanced studies course for its members at its Centre of Excellence here

Banks told to hold exclusive board meetings on policy, strategy issues every quarter

The Finance Ministry is pushing for more board-level reforms in public sector banks and financial institutions.
PSBs and FIs will, henceforth, be required to hold one board meeting every quarter exclusively to discuss major policy and strategic issues.
The Finance Ministry has given this directive as regular board meetings, crammed as they are with routine agenda items, give a short shrift to the aforementioned issues.
The reform measures come in the backdrop of the Reserve Bank of India recently asking the Government to show ‘exemplary behaviour of corporate governance and exercise its ownership rights through the board’.
The Central Government is the majority stakeholder in 26 public sector banks. State Bank of India’s five

Sunday, July 15, 2012

UCO Bank Empanelment for Concurrent Audit


The UCO Bank have invited Application for empanelment of Concurrent Auditor for the
year 2012-13.The eligibility criteria and format of application are as below.The
last dare is 31.07.2012.

UCO BANK
HEAD OFFICE
KOLKATA

UCO Bank invites applications from practicing firms of Chartered Accountants of India, in the prescribed format, who are willing to have their firm empanelled as Concurrent Auditors, in the Bank.  The CA firm already on our panel should also apply afresh.

I.  ELIGIBILITY CRITERIA FOR EMPANELMENT :

1.
CA firms should preferably, be a partnership concern having experience in the field.  The Bank may also consider the sole proprietorship concerns and in that case they would be required to submit a declaration that they are full time practicing Chartered Accountants and not employed elsewhere and do not have any other business interest.

2.
The firm should be preferably more than 2 years old.

3.
The firm should have adequate manpower with knowledge of auditing computerized branches.

4.
The firms should be preferably more than 2 years old.

5.
The Headquarters or branch of the CA firm must be located at the place for which they want to take up audit work.

Looking for a CA/CA -inter/ICWA/ICWA-inter

Designation Looking for a CA/CA -inter/ICWA/ICWA-inter or dropout professional.
Company Iris Corporate Solutions Pvt. Ltd
Experience 2-7
India  
Industry Call Centers
Job Category Call Centre/ ITES/ BPO
Skills Looking for a CA/CA -inter/ICWA/ICWA-inter or dropout professional.
Location India-Haryana-Gurgaon
Website http://www.iris-corp.com



Looking for a CA/CA -inter/ICWA/ICWA-inter or dropout professional.

Require Cost Accountant at Trimurti Group

Experience : -  7 - 9 Years
Category -  Accounts / Finance
Salary -  INR 1,75,000 - 3,50,000 P.A <
Location-  Pune
Dateposted -  14/07/2012

Contact Details

Employer -  Trimurti Group
Email -  careerinconstruction12@gmail.com,buildersndevelopers@gmail.com
Address -  Ethix House 3 Castalino Road, Near Golibaar Maidan opp. Jain Mandir, Camp
Website -  http://www.trimurtigroup.net
Related Posts Plugin for WordPress, Blogger...
For mobile version of this site click here


News Archive