Monday, March 2, 2015

Budget 2015: Highlights

The Finance Minister, Mr. Arun Jaitley, presented the Union Budget for 2015-16 on 28th February, 2015. We hereby present the highlights of the same for your quick perusal.

1. Income Tax


1.1 Individuals

1.1.1 No change in Income Tax Slab Rates. The old tax slabs continue, as reproduced hereunder.

Total Income (Rs.)
Tax Rate (AY 2016-17)
0 – 2,50,000
Nil
2,50,000 – 5,00,000
10%
5,00,000 – 10,00,000
20%
Above 10,00,000
30%


Basic Exemption Limit for Senior Citizens between the age of 60 to 80 years is Rs. 3,00,000, and that for Super Senior Citizens above the age of 80 years is Rs. 5,00,000.
Surcharge of 10% of Income Tax if Net Income exceeds Rs. 1 crore subject to Marginal Relief.
E. Cess of 2% and S.H.E. Cess of 1% on Income Tax and Surcharge continue.
Rebate u/s 87A for a resident individual whose income does not exceed Rs. 5,00,000 = 100% of Income Tax calculated before E.Cess or Rs. 2,000 whichever is less.

1.1.2 Additional Surcharge of 2% of the Income Tax has been levied on the Super Rich having Total Income exceeding Rs. 1 crore.
1.1.3 Section 80D: The deduction limit for spending on medical insurance premium has been raised from Rs. 15,000 to Rs. 25,000 for individuals and HUF, and from Rs. 20,000 to Rs. 30,000 for senior citizens.
1.1.4 Medical expenditure up to Rs. 30,000 to be allowed for super senior citizens (over 80 years) under Section 80D.
1.1.5 Section 80DDB: Limit of deduction raised to Rs. 80,000 for expenditure incurred on medical treatment of certain chronic and protracted diseases for super senior citizen (over 80 years). A prescription from a specialist doctor must be obtained for claiming this deduction.
1.1.6 Section 80DD and 80U: Limit of deduction on account of medical treatment of a dependent suffering from disability raised from Rs. 50,000 to Rs. 75,000. In case of severe disability, the limit has been raised from Rs. 1,00,000 to Rs. 1,25,000.
1.1.7 Section 80CCD: Additional deduction of Rs. 50,000 for contribution made towards National Pension Scheme, raising the limit to Rs. 1,50,000.
1.1.8 Sukanya Samriddhi Account Scheme: It is a small savings instrument for the welfare of a girl child, investment in which will be eligible for deduction under Section 80C. The interest accruing on the deposit and withdrawal as per the specified Rules will be exempt from tax.
1.1.9 Section 80G: 100% deduction in respect of donations made to the Swachh Bharat Kosh, the Clean Ganga Fund and the National Fund for Control of Drug Abuse.
1.1.10 Exemption limit of Transport Allowance doubled from Rs. 800 per month to Rs. 1600 per month. 


1.2 Corporate Assessees and Partnership Firms

1.2.1 Corporate Tax Rate proposed to be reduced from 30% to 25% over the next 4 years in a phased manner.

1.2.2 Certain exemptions may be withdrawn for corporate assessees, details of which will be announced in due time.

1.2.3 No change in tax rates for Partnership Firms.

1.2.4 The definition of “company resident in India” has been amended to provide that any company incorporated outside India shall be regarded as a resident in India in a previous year if its place of effective management, at any time during the year, is in India. Further, it is proposed to define the place of effective management to mean a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole are made.


1.3 Other Important Points 

1.3.1 Wealth Tax abolished.

1.3.2 Withholding Tax Rates on payments for Royalties and Fees for Technical Services have been reduced from 25% to 10%.

1.3.3 Threshold limit for applicability of Domestic Transfer Pricing provisions increased from Rs. 5 crores to Rs. 20 crores.

1.3.4 Quoting of PAN mandatory for all transactions above Rs. 1,00,000.

1.3.5 Cash acceptance of more than Rs 20,000 for purchase of immovable property to be prohibited.

1.3.6 Penalty of Rs. 1,00,000 to be imposed for incorrect particulars furnished in Form 15CA, 15CB for foreign remittances.

1.3.7 Advancement of “yoga” has been added in the definition of charitable activities allowed to be carried out by charitable trusts.

1.3.8 Activities carried out by Fund Managers of offshore funds in India shall not constitute a business connection of such offshore funds in India subject to the fulfillment of prescribed conditions. (This change has been proposed as many Fund Managers are carrying out their operations from outside India as till now, the presence of Fund Manager in India leads to the Fund being taxed as “resident in India” on the basis of control and management being in India.)

1.3.9 Implementation of GAAR postponed by 2 years and GST postponed by 1 year.


2.  Service Tax 

2.1 Rate of Service Tax on the value of all services is proposed to increase from existing 12.36% (including Education Cess and SHE Cess) to flat rate of 14% w.e.f. date of enactment of Finance Bill, 2015.

2.2 The definition of “consideration” has been amended to include “any reimbursable expenditure or cost incurred by the service provider and charged.”

2.3 It has been proposed that all services other than services specified in Section 66D(i) to (ii) when provided by Government, or a local authority to a business entity be charged to Service Tax. Thus making all services provided by the Government to a Business Entity taxable (effective date to be notified).

2.4 Further w.e.f. 1st April, 2015, services of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of certain specified building of Government, a local authority or a governmental authority have been made taxable in relation to following buildings: 
  • a civil structure or any other original works meant predominantly for use other than for commerce, industry, or any other business or profession;
  • a structure meant predominantly for use as (i) an educational, (ii) a clinical, or (iii) an art or cultural establishment;
  • a residential complex predominantly meant for self-use or the use of their employees or other persons specified in the Explanation 1 to clause 44 of section 65 B of the said Act.

2.4 For Travel Agents paying Service Tax as per Rule 6 of the Service Tax Rules, 2014, booking tickets for passenger travel by air, the rate of Service Tax has been increased from 0.6% to 0.7% of the Basic Fare in the case of domestic travel, and from 1.2% to 1.4% of the Basic Fare in the case of international bookings.

2.5 Exemption to folk artistes has been restricted and shall be available only when the consideration charged for such performance is not more than Rs. 1,00,000 and such service is not provided as a brand ambassador.

2.6 Services of transportation of foodstuff by rail or a vessel or a GTA has been restricted and shall now be available in relation to milk, salt and food grain including flours, pulses and rice. Accordingly, transportation of all other foodstuff including tea, coffee, jaggery, sugar, milk products, edible oil, etc. shall be taxable.

2.7 Services of transportation of goods of exporters by Goods Transport Agency (GTA) in a goods carriage from any container freight station or inland container depot or directly from the place of removal to a land customs station has been made exempt.

2.8 Manpower supply and security services when provided by an individual, HUF, or partnership firm to a body corporate are being brought to full reverse charge from partial reverse charge mechanism.

2.9 The Central Government has been empowered to impose a Swachh Bharat Cess on all or any of the taxable services at a rate of 2% on the value of such taxable services.

2.10 Service Tax to be levied on the service provided by way of access to amusement facility providing fun or recreation in amusement parks and other such places. Further, service provided by way of admission to a museum, zoo, national park, wild life sanctuary and a tiger reserve is being exempted.

2.11 Services provided by mutual fund agents, mutual fund distributors and agents of lottery distributor are being brought under reverse charge consequent to withdrawal of the exemption on such services.


3.  Other Important Points 

3.1 Central Excise duty raised to 12.5%.

3.2 Custom Duty to be reduced on 22 items.

3.3 The limit for availment of CENVAT credit extended to 1 year from the date of invoice.

3.4 In order to encourage digitization, the Government has allowed assesses to maintain records in electronic form subject to authentication through digital signatures.

3.5 Import tax on iron and steel increased to 15 percent from 10 percent.

Thursday, February 12, 2015

No interest U/ S 234A is chargeable on Self Asst Tax Paid before due date

The CBDT vide  CircularNo. 2/2015 dated 10/02/2015 has clarified that No interest U/ S 234A  is chargeable on Self-Asst. Tax paid before due date of filing of return. Interest U/S 234A of the Income-tax Act, is charged in case of default in furnishing return of income by the assessee.

The interest is levied on the amount of tax payable on the total income, as reduced by the amount of advance tax, TDS/TCS at the specified rate. The interest is being charged on the amount of Self-Asst Tax paid by the assessee even before the due date of filing of return as self-assessment tax is not mentioned as a component of tax to be reduced from the amount on which interest under section 234A of the Act is chargeable, The CBDT  has decided that no interest under section 234A of the Act is chargeable on the amount of self-assessment tax paid by the assessee before the due date of filing of return of income.

Thursday, February 5, 2015

Monthly Obligations for February, 2015

Date
Statutory Act
Applicable Form
Obligation
06/02/2015
Service Tax
Challan No.GAR-7
Payment of Service Tax for month ending Jan,15 for the month ending Jan,15 by companies & partnership firms liable for payment of Service tax on monthly basis
07/02/2015
Income Tax
Challan 281
Due date for deposit of Tax deducted/collected for the month of January, 2015​
10/02/2015
Excise
ER-1
Return for Non SSI assessees for Jan,2015.
10/02/2015
Excise
ER-6
Return by units paying duty >1 crore (CENVAT +PLA) for Jan,2015
10/02/2015
Excise
ER-2
Return for EOUs for Jan,2015.
15/02/2015
DVAT
DVAT 20
Deposit of DVAT TDS for Jan,2015
15/02/2015
Provident Fund
E Challan Cum Return
E-Payment of PF for Jan,2015
21/02/2015
ESI
ESI Challan
Payment of ESI for Jan,2015.
21/02/2015
DVAT
DVAT 20 & Central
Deposit of VAT and CST for December (tax period being a month),
22/02/2015
Income Tax
Form 16
Due date for issue of TDS Certificate for tax deducted under Section 194-IA in the month of January, 2015​
22/02/2015
DVAT
DVAT 43
Issue of DVAT Certificate for deduction made in Jan,2015.
25/02/2015
DVAT
Form 16 and CST 1
E Return of VAT for month ended Jan,2015.
28/02/2015
DVAT
Form 16 & 1/Form 17 & Ack.
Physical Return of VAT and CST for Jan,2015 month( for assesses tax period being a month)

Wednesday, February 4, 2015

TDS DEFAULTS MAY LEAD TO PROSECUTION

As per the Income Tax Act, all cases where TDS/TCS is deducted but not deposited within the due date, as prescribed, are punishable u/s 276B/276BB or 278A.

CBDT has issued Standard Operating procedure for prosecution in case of TDS or TCS defaults. The assesees / deductors are advised to remove all TDS Defaults shown on TRACES Website otherwise show cause notice for prosecution may be issued by TDS CPC. It is the time to rectify TDS statements filed in earlier years and avoid consequent harsh action by TDS CPC.

 CBDT has issued earlier two circulars for processing and recovery of interest but now has issued standard operating procedure for prosecution in cases of TDS and TCS defaults. The monetary limits to be considered for prosecution as given by the CBDT are: 
  
Where amount of tax deducted is Rs.1,00,000 or more and the same is not deposited by the due date

Mandatorily be processed for prosecution in addition to the recovery


Where the tax deducted is between Rs.25,000 and Rs.1,00,000 and the same is not deposited by the due date


May be processed for prosecution depending upon the facts and circumstances of the case e.g
-Repeated defaults and
- Tax not been deposited till detection.


 Identification of cases:


·          CPC-TDS/TRACES will generate a list of prosecutable cases for mandatory processing for prosecution (List-A)

·          Such identification shall be done within one month of the filing of the quarterly TDS statement.

·          There will be two parameters for identifying prosecutable case for mandatory processing.

Ø  Late Payment Interest had not been paid completely/not paid at all till that date,
Ø  Deduction had been made but no challan available in the account of the deductor.

(Limit Rs.1,00,000/- for the cases of Late Payment Interest and for Short Payment)

·         CPC-TDS will generate another list of cases (List-B) for defaults of delay in payment of Rs. 25,000 to Rs. 1,00,000/- along with default sheets for the year as well as preceding year and subsequent year within one month of the filing of the quarterly TDS statement.
·         TDS cases dealt by the International Taxation Division, with respect to payments made to non-residents also required to be dealt with in the same manner.
·         CPC-TDS shall generate the list of such non-filers within one month from due date and communicate to the AO(TDS) for issue of notice and further pursuit.

Procedure for launching prosecution

1)      CPC TDS will identify and enter into prosecution register

In case of mandatory processing or otherwise, CPC- TDS will identify the cases for prosecution and will enter in the ‘Prosecution register’ and will report to the CIT (TDS) who shall also maintain the prosecution register in Form–D. Till a specific module in CPC-TDS is made functional for having control on prosecution proceedings, the entries may be made in manual register.

2)      AO ( TDS) will gather further information & issue show cause

AO(TDS) once the case is identified for processing will collect the following information:

(a) Details of the company/ firm/ individual, Address, PAN Number and TAN number
(b) Name of Directors/ partners/ Responsible person, their addresses, PAN and other particulars
(c) Accounts of the deductor for the relevant year showing late payments.
(d) Copies of the TDS statement filed by assessee deductor.

(e) Copies of challans of late deposit of TDS by the assessee deductor.
(f) Copies of the intimations showing late payment interest for all the quarters of the relevant assessment year, if it is available.
(g) Copies of Audit report, if they show default.
(h) While collecting above information, AO(TDS) may also collect other details to check whether :
     (i) the default was only in one year
     (ii) the deductor has himself rectified the mistake and deposited the tax
     (iii) the same offence has been compounded earlier and if yes, how many time etc.

The AO(TDS) shall issue show cause notices to the person responsible for deduction, within 45 days of receipt of the list of prosecutable cases from CPC-TDS end will ensure that the reply is furnished within 30 days of the issue of the show cause notice.

In case no reply is furnished within 30 days, it shall be presumed that the person responsible for deduction has no cause to state and the matter may be pursued further.

The AO(TDS) shall examine the reasons/reply for non-compliance and will enter Form ‘F’and send to the CIT(TDS) The Form ‘F’ will indicate :
·         The facts of commissioning of offence.
·         Events, primary & secondary evidences to establish the offence with present stage of the proceedings and list of documentary evidences including depositions, submissions to prove the offence.  
·         The offence is second or subsequent offence in terms of Section 278A.

AO(TDS) will mandatorily refer all the cases of TDS default exceeding Rs.1 lakh to CIT(TDS), cases of defaults between Rs.25000-Rs.1lakh shall be referred to the CIT(TDS) only if he is satisfied that it is a case fit for prosecution. The report to CIT(TDS) shall be submitted within 60 days of the issue of show cause notice. Time granted to furnish the reply may be excluded from this time limit.

Sanction by CIT TDS

The CIT(TDS) will accord sanction u/s 279(1). He shall:
·         If considers the case fit for prosecution will generate online a show cause notice(s) to all proposed accused(s) u/s 276B/276BB/ 278B of the I.T. Act
·         After hearing the assessee and after proper application of mind clearly enunciate a fair and judicious view has been taken in view of the provisions of Section 278AA before filing the complaint(s).

Compounding Application by the deductor

·         The assessee deductor can file a compounding application under S.276B/276BB before the Chief Commissioner of Income-tax.
·         The application should be processed on priority basis and mandatorily be disposed off within the time frame as prescribed by the Central Action Plan guidelines.
·         During the pendency of the compounding application, the CIT(TDS) shall keep the prosecution proposal pending. As soon as an application for compounding is moved, an entry should be made in the prosecution register & Entries of subsequent action on compounding application shall also be made in such register.

Time frame from identification to passing of order u/s 279(1)/279(2):

S.No.
Section
Time limit for submitting proposal for sanction u/s 279(1)
Time limit for according sanction u/s 279(1)
Time limit for launching Prosecution
Authority to submit proposal & launch prosecution
1
276B
Within 90 days of generation of list on CPC-TDS detection of offence or receipt of information from any other source/ income tax authority
Within 60 days of receipt of information from the AO(TDS)
Within 30 days of receiving approval u/s 279(1)
AO(TDS) having jurisdiction.
2
276BB
( Same as above)
( Same as above)
( Same as above)
( Same as above)


Tuesday, January 27, 2015

For Asst Year 2015-16 Explanatory notes to the Finance Act, 2014 by CBDT

CBDT has issued Circular 01/2015 on 21st January 2015 as explanatory notes to the Provisions of Finance Act , 2014 Applicable for Asst Year 2015-16. Important Changes are here under:

Rates of Income Tax as per Finance Act, 2014

Income-tax is required to be deducted for the financial year 2014-15 (i.e. Assessment Year 2015-16) at the following rates

1.    In the case of every individual, Hindu undivided Family, AOP, Body of individuals or artificial juridical person ( other than a co-operative society, firm, local authority and company):-  

A. Normal Rates of Tax:

S.no.

Total Income                                                                              
For Individual, HUF and AOP
For Senior Citizen Age Above 60but less than 80 years
For Super Senior above the Age of 80 Years
1
Up to Rs.2.5 Lakhs
Nil
Nil
Nil
2
More than Rs.2.5 lakhs & Upto Rs. 3 Lakhs
10%
3
More than Rs 3 lakhs & Upto Rs 5 lakhs
10%
4
More than Rs 5 lakhs & Upto Rs 10 lakhs
20%
20%
20%
5
More than Rs 10 lakhs
30%
30%
30%

2.    Co-operative Societies:-
The rates of Income Tax are as follows:-
Income Chargeable to Tax
Rate        
Up to Rs 10000
10%
Rs 10000-Rs 20000
20%
Exceeding Rs 20000
30%

3.  Firms and Local Authorities  : Income Tax is @ 30%

Surcharge of Income Tax

The amount of income-tax shall be increased by a surcharge @10% of the income-tax on payments to an individual taxpayer, if the total income exceeds Rs 1 crore during FY 2014-15 (AY 2015-16).
However the amount of Surcharge shall not exceed the amount by which the total income exceeds Rs 1 crore and if surcharge so arrived at, exceeds such amount (assessee‘s total income minus one crore) then it will be restricted to the amount of total income minus Rupees one crore.

Eg. In case of a resident individual age below 60 years, calculation of Tax liability:-
                Total Income                     Income Tax and Surcharge
ü  Rs 10000000                        Rs 28,25,000
ü  Rs 10100000                        Rs 28,55,000 + Rs 285500=Rs 3140500 Restricted to Rs 2925000
ü  Rs 10200000                        Rs 28,85,000 + Rs 288500=Rs 3173500 Restricted to Rs 3025000
ü  Rs 10400000                        Rs 29,45,000 + Rs 294500=Rs 3239500 Restricted to Rs 3225000
ü  Rs 10500000                        Rs 29,75,000 + Rs 297500=Rs 3272500 No Restriction

E. Cess & SHE Cess on Income tax:  2% and 1% of the income-tax respectively. No marginal relief shall be available in respect of E. Cess and SHE Cess.

4.    Companies:-                                           Domestic      Other Than Domestic
Income Tax                                                         30%              40%
Surcharge           
Taxable income
Exceeding Rs 1 crore but > Rs 10 crores                  5%               2%
Exceeding Rs 10 crores                                          10%               5%                                                        
Surcharge on Additional Income-tax :-
Where additional income-tax has to be paid u/s 115-O or 115-QA or 115R (2) or 115TA of the Act, that is to say, on distribution of dividend by domestic companies or distribution of income by a
·        -  company on buy-back of shares from shareholders or
·        - mutual fund to its unit holders or
·        - securitization trust to its investors
 the additional tax so payable shall be increased by a surcharge of 10% of such tax.

Certain Amendments with their explanations:-

Raising the limit of deduction under section 80C of the Income-tax Act

The limit of deduction U/s 80C has been raised from  Rs.1 lakh to Rs.1.5 lakh. So, consequential amendment made in section 80CCE (the payments / contributions made u/s 80C, 80CCC and 80CCD) of the Act. The limit of employer’s contribution to a pension scheme is retained at Rs. 1 lakh u/s 80CCD.

Deduction from income from house property
There has been appreciation in the value of house property and cost of finance has also gone up so, section 24(b)  has provided  to increase the limit of deduction on account of interest in respect of property referred to  section 23(2) of the Income-tax Act from Rs.1.50 Lac to Rs 2.00 Lac  .

Roll back provision in Advance Pricing Agreement Scheme

For solving the issues relating to the calculation of ALP Roll back mechanism is made. Sec. 92CC of the I.Tax Act has been amended to provide for roll back mechanism in the Advance Pricing Agreement scheme. The “roll back” provisions refer to the applicability of the methodology of determination of Arm's Length Price, or the ALP, to be applied to the international transactions which had already been entered into in a period prior to the period covered under an APA.

Extension of tax benefits under section 80CCD of the I.Tax Act to private sector employees

For employees in the private sector, the date of joining the service is not relevant for joining the New Pension Scheme, So Now amended Sec. 80CCD provide that the condition of the date of joining the service on or after 1.1.2004 is not applicable to them for the purposes of deduction under the said section.

Capital gains arising from transfer of an asset by way of compulsory acquisition
There was uncertainty about the year in which the amount of compensation received in pursuance of an interim order of the court is to be charged to tax, due to court orders.
Sec. 45(5) of the Income-tax Act, has been amended to provide that the amount of compensation received in pursuance of an interim order of the court/ Tribunal/other authority shall be deemed to be the income chargeable under the head ‘Capital gains’ in the previous year in which the final order of such court, Tribunal or other authority is made.

Transfer of Government Security by one non-resident to another nonresident

Explanation: - To facilitate listing and trading of Government securities outside India. A new clause(viib) has been inserted in Sec 47 of the I.Tax Act so as to provide that any transfer of a capital asset,  by a non-resident to another non-resident shall not be considered as transfer for the purpose of charging capital gains.

Disallowance of expenditure for non- deduction of tax at source
Explanation:-Only up to the amount of TDS the expenditure should be disallowed when tax is not deducted, before amendment full amount is disallowed which is not fair on the part of Tax payer.
So, Section 40(a)(ia) amended to provide that the disallowance shall be restricted to 30% of the amount of expenditure claimed in case of non-deduction of TDS  or non-payment of TDS on payments made to residents liable for TDS.

Corporate Social Responsibility (CSR)
Sec.  37(1) : Any expenditure by an assessee on the activities relating to CSR shall not be deemed to have been incurred for the purpose of business and hence shall not be allowed as deduction . However, the CSR expenditure which is of the nature described in section 30 to section 36 of the Income-tax Act shall be allowed as deduction under those sections subject to fulfillment of conditions specified.

Explanation:- CSR expenditure include
All expenditure including contribution to corpus projects or programs relating to CSR activities.
·         CSR expenditure, being an application of income, is not incurred wholly and exclusively for the purposes of carrying on business. So,CSR expenditure are not allowed as deduction for the purposes of computing taxable income of a company.
·         By CSR Companies are helping the Government to share the burden of social services. If such expenses are allowed as tax deduction, this would result in subsidizing of around one-third of such expenses by the Government by way of tax expenditure.

Taxability of advance for transfer of a capital asset
Prior to the amendment any advance retained or received was reduced from Cost of acquisition of the asset / the written down value / the fair market value of the asset.
New Section 56(2)(ix) : Any sum of money, received as an advance or otherwise in the course of negotiations for transfer of a capital asset shall be taxable under the head ‘income from other sources’ if such sum is forfeited and the negotiations do not result in transfer of such capital asset.

Capital gains exemption on investment in Specified Bonds
Explanation: -
A proviso in section 54EC (1) of the Income-tax Act has been inserted to provide that the investment made by an assessee in the long-term specified asset, out of capital gains arising from transfer of one or more original assets, during the financial year in which the original asset or assets are transferred and in the subsequent financial year does not exceed fifty lacs rupees.

Contributed by Ms Tanya Gagneja