- Commencement Certificate is mandatory now to be obtain within 6 months of Incorporation without which, it can not commence its business activity or borrow money.
- The ROC can strike off a company if the address of Regd Office is bogus or incomplete/ improper address.
- Conversion of Public Ltd to Pvt Ltd matters shifted from NCLT to Regional Director.
- Company cannot issue shares at discount - heavy penalty imposed on violation.
- Alteration of Authorised Capital to be intimated within 30 days, default - penalty Rs. 1000 per day or Rs. 5 Lakh, whichever is less.
- Creation of charge filing with ROC - time limit reduced from 300 days to 60 days.
- Wrong statement/ information in filing Charge forms with ROC may lead to misrepresentation and jail.
- Annual Return should be filed within 60 days from AGM, failure to this, penalty of 100 per day to Company and directors max 5 Lakh apart from ROC delay charges is applicable.
- Penalty of Rs. 5 lakh to Company Secretary certifying wrong Annual Return.
- Explanatory statement to be given with Notice of General Meeting must contain all details as required by Law, if no detail/short detail/misleading - penalty for Company, Directors and KMP is Rs. 50,000
- Filing of Resolutions with ROC - Penalty for delay increased. Rs. 500 for each day of delay up to a maximum of Rs. 25 Lakh
- Filing of Balance sheet with ROC within time limit - Failure is costly for Company + Directors both. Penalty of Rs. 100 per day and Rs. 1 lakh to Company and Director each.
- Resignation of Auditor must be filed by the resigning Auditor within 30 days, failure to which the resigning Auditor is liable for penalty of Rs. 50,000 and Rs. 500 per day.
- A director can not become director in more than 20 companies. If he continues, he becomes disqualified.
- Appointment of CS on payroll (Pvt Co having paid-up capital 5 crore and above) is mandatory.
- ROC may strike off a company if subscribers have not paid initial share capital after incorporation of a Company within 6 months.
Monday, January 21, 2019
Highlights of Companies (Amendment) Ordinance 2019
Thursday, January 10, 2019
GST - Changes in Turnover Threshold and Composition Scheme
The GST Council held its 32nd meeting on 10-Jan-2019 and took the following
decisions.
Changes in Composition Scheme
Increase in turnover threshold: The limit of annual turnover in the preceding financial year for availing composition scheme for goods shall be increased from the existing Rs. 1 crore to Rs 1.5 crore. Special category States will decide, within one week, about the composition limit in their respective States.
Composition Scheme for Services: A composition scheme shall be made available for suppliers of services (or mixed suppliers) with a tax rate of 6% (3% CGST + 3% SGST) having an annual turnover in preceding financial year up to Rs 50 lakhs.
The said scheme shall be applicable to both service providers as well as suppliers of goods and services, who are not eligible for the presently available composition scheme for goods.
Reduced Compliance: File only one annual return. However, payment of taxes would remain quarterly along with a brief declaration.
Changes for Regular Dealers
Higher Exemption Turnover Threshold for Goods Supplier: There would be two threshold limits for exemption from registration and payment of GST for the suppliers of goods i.e. Rs 40 lakhs and Rs 20 lakhs. States would have an option to decide about one of the limits within a weeks’ time.
Turnover Threshold for Service Providers: The threshold for registration for service providers would continue to be Rs 20 lakhs and in case of Special category States Rs 10 lakhs.
Effective Date
The above changes shall be made operational from the 1 st of April, 2019.
Other Proposed Matters for Future
1. Free Accounting and Billing Software shall be provided to small taxpayers by GSTN.
2. Composition scheme for residential real estate sector.
3. GST rate structure on lotteries.
Revenue mobilization for natural calamities: GST Council approved levy of cess on intra-state supply of goods and services within the State of Kerala at a rate not exceeding 1% for a period not exceeding 2 years.
These changes would be given effect to through Gazette notifications/circulars in a few days.
Changes in Composition Scheme
Increase in turnover threshold: The limit of annual turnover in the preceding financial year for availing composition scheme for goods shall be increased from the existing Rs. 1 crore to Rs 1.5 crore. Special category States will decide, within one week, about the composition limit in their respective States.
Composition Scheme for Services: A composition scheme shall be made available for suppliers of services (or mixed suppliers) with a tax rate of 6% (3% CGST + 3% SGST) having an annual turnover in preceding financial year up to Rs 50 lakhs.
The said scheme shall be applicable to both service providers as well as suppliers of goods and services, who are not eligible for the presently available composition scheme for goods.
Reduced Compliance: File only one annual return. However, payment of taxes would remain quarterly along with a brief declaration.
Higher Exemption Turnover Threshold for Goods Supplier: There would be two threshold limits for exemption from registration and payment of GST for the suppliers of goods i.e. Rs 40 lakhs and Rs 20 lakhs. States would have an option to decide about one of the limits within a weeks’ time.
Turnover Threshold for Service Providers: The threshold for registration for service providers would continue to be Rs 20 lakhs and in case of Special category States Rs 10 lakhs.
Effective Date
The above changes shall be made operational from the 1 st of April, 2019.
Other Proposed Matters for Future
1. Free Accounting and Billing Software shall be provided to small taxpayers by GSTN.
2. Composition scheme for residential real estate sector.
3. GST rate structure on lotteries.
Revenue mobilization for natural calamities: GST Council approved levy of cess on intra-state supply of goods and services within the State of Kerala at a rate not exceeding 1% for a period not exceeding 2 years.
These changes would be given effect to through Gazette notifications/circulars in a few days.
Tuesday, December 25, 2018
GST Laws Recent Changes - Dec 2018
The following recommendations have been made in the 31st GST Council Meeting on the 22nd of December, 2018.
Single Cash Ledger: There would be a single cash ledger for each tax head. The modalities for implementation would be finalised in consultation with GSTN and the Accounting authorities. For Example: The three tax ledgers i.e. Credit, Liability and Cash will be merged into one ledger for each tax head such as IGST, SGST/UTGST CGST and Cess.
Late Fee Waiver: for all the GST returns yet to be filed as on 22nd December 2018 up to 31st March 2019, for the months July 2017 up to September 2018
ITC for 2017-18: Time to claim the Input tax credit for FY 2017-18 allowed up due date of filing GSTR-3B of March 2019, subject to conditions.
New Return Filing System: To be started on a trial basis from April 1, 2019, and will be to be implemented by July 1, 2019
GSTR-9 & 9C Due Date Extended: The due date for furnishing the annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the Financial Year 2017 – 2018 shall be further extended till 30.06.2019.
Changes in Annual Return: The following clarificatory changes, inter-alia, shall be carried out in the formats/instructions according to which the annual return / reconciliation statement is to be submitted by the taxpayers:
- Amendment of headings in the forms to specify that the return in FORM GSTR-9 & FORM GSTR-9A would be in respect of supplies etc. ‘made during the year’ and not ‘as declared in returns filed during the year
- All returns in FORM GSTR-1 & FORM GSTR-3B have to be filed before filing of FORM GSTR-9 & FORM GSTR-9C
- All returns in FORM GSTR-4 have to be filed before filing of FORM GSTR-9A
- HSN code may be declared only for those inward supplies whose value independently accounts for 10% or more of the total value of inward supplies
- Additional payments, if any, required to be paid can be done through FORM GST DRC-03 only in cash
- ITC cannot be availed through FORM GSTR-9 &FORM GSTR-9C
- All invoices pertaining to previous FY (irrespective of month in which such invoice is reported in FORM GSTR-1) would be auto-populated in Table 8A of FORM GSTR-9;
- Value of “non-GST supply” shall also include the value of “no supply” and may be reported in Table 5D, 5E and 5F of FORM GSTR-9
- Verification by taxpayer who is uploading reconciliation statement would be included in FORM GSTR-9C
GSTR-8 Due Date Extended: The due date for furnishing FORM GSTR-8 by e-commerce operators for the months of October, November and December, 2018 shall be extended till 31.01.2019.
ITC-04 Due Date Extended: The due date for submitting FORM GST ITC-04 for the period July 2017 to December 2018 shall be extended till 31.03.2019.
Online Refund Filing: All the supporting documents/invoices in relation to a claim for refund in FORM GST RFD-01 shall be uploaded electronically on the common portal at the time of filing of the refund application itself, thereby obviating the need for a taxpayer to physically visit a tax office for submission of a refund application. GSTN will enable this functionality on the common portal shortly.
RFD-01A for Other Refunds: The following types of refunds shall also be made available through FORM GST RFD-01A:
- Refund on account of Assessment/Provisional Assessment/Appeal/Any Other Order
- Tax paid on an intra-State supply which is subsequently held to be inter-State supply and vice-versa
- Excess payment of Tax
- Any other refund
Refund Clarifications: Clarifications shall be issued on certain refund related matters like refund of ITC accumulated on account of inverted duty structure, disbursal of refunds within the stipulated time, time allowed for availment of ITC on invoices, refund of accumulated ITC of compensation cess etc.
E-Way Bill Restriction for Non Filers: Taxpayers who have not filed the returns for two consecutive tax periods shall be restricted from generating e-way bills. This provision shall be made effective once GSTN/NIC make available the required functionality
GST Migration Completion: One more window for completion of migration process is being allowed. The due date for the taxpayers who did not file the complete FORM GST REG-26 but received only a Provisional ID (PID) till 31.12.2017 for furnishing the requisite details to the jurisdictional nodal officer shall be extended till 31.01.2019. Also, the due date for furnishing FORM GSTR-3B and FORM GSTR-1 for the period July, 2017 to February, 2019/quarters July, 2017 to December, 2018 by such taxpayers shall be extended till 31.03.2019.
Appellate Authority for Advance Ruling: Creation of a Centralized Appellate Authority for Advance Ruling (AAAR) to deal with cases of conflicting decisions by two or more State Appellate Advance Ruling Authorities on the same issue.
Interest Computation: Amendment of section 50 of the CGST Act to provide that interest should be charged only on the net tax liability of the taxpayer, after taking into account the admissible input tax credit, i.e. interest would be leviable only on the amount payable through the electronic cash ledger.
Composition Scheme for Service Providers: The council unanimously approved the scheme for small scale service providers. The rates and threshold limit for this scheme shall be decided in forthcoming meetings.
Rate Changes:
|
List
of Rate Changes at 31st GST Council Meeting
|
||||||||
|
S.No.
|
List
of Goods/Services
|
Change
in Tax Rate
|
||||||
|
1
|
Vegetables, (uncooked or cooked by
steaming or boiling in water), frozen, branded and put in a unit container
|
5%
to Nil
|
||||||
|
2
|
Vegetable provisionally preserved
(for example by sulphur dioxide gas, in brine, in sulphur water or in other
preservative solutions), but unsuitable in that state for immediate
consumption
|
|||||||
|
3
|
Music Books
|
12%
to Nil
|
||||||
|
4
|
Natural Cork
|
12%
to 5%
|
||||||
|
5
|
Fly-Ash Blocks
|
|||||||
|
6
|
Walking Sticks
|
|||||||
|
7
|
Marble Rubble
|
18%
to 5%
|
||||||
|
8
|
Cork roughly squared or debagged
|
18%
to 12%
|
||||||
|
9
|
Articles of natural cork
|
|||||||
|
10
|
Agglomerated cork
|
|||||||
|
11
|
Movie Tickets < or = INR 100
|
|||||||
|
12
|
Premium on Third Party Insurance on
vehicles
|
|||||||
|
13
|
Parts and accessories for the
carriages for disabled persons
|
28%
to 5%
|
||||||
|
14
|
Pulleys, transmission shafts and
cranks, gear boxes etc., falling under HS Code
8483 |
28%
to 18%
|
||||||
|
15
|
Monitors and TVs of upto screen size
of 32 inches
|
|||||||
|
16
|
Re-treaded or used pneumatic tyres of
rubber
|
|||||||
|
17
|
Power banks of lithium ion batteries.
Lithium ion batteries are already at 18%. This will bring parity in GST rate
of power bank and lithium ion battery
|
|||||||
|
18
|
Digital cameras and video camera recorders
|
|||||||
|
19
|
Video game consoles and other games
and sports requisites falling under HS code 9504.
|
|||||||
|
20
|
Movie Tickets > INR 100
|
|||||||
|
Exemptions
|
||||||||
|
Services supplied by banks to basic
Savings Account holders under Pradhan Mantri Jan Dhan
Yojana (PMJDY) shall be exempted.
|
||||||||
|
Note: Air travel of pilgrims by
non-scheduled/charter operations, for religious pilgrimage facilitated by the
Government of India under bilateral arrangements shall attract the same rate
of GST as applicable to similar flights in Economy class (i.e. 5% with ITC of
input services)
|
||||||||
Note: The requisite Notifications/Circulars for implementing the above recommendations of the GST Council shall be issued shortly.
Please also refer to the following link for rate changes: http://www.pib.nic.in/PressReleseDetail.aspx?PRID=1557065
The rate changes are applicable from 1st January, 2019.
Upcoming:
The GST Council may consider reducing of GST rate on under construction residential properties to 5%.
Monday, June 25, 2018
E-Way Bill in Delhi-NCR (Delhi, Haryana, UP)
What is E-Way Bill?
E-Way Bill is an electronically generated bill which is required to be generated by a registered person who intends to initiate the movement of goods in India from one place to another (both inter-state and intra-state), the value of which per invoice is more than Rs. 50,000 with the exception of Delhi where the value shall be more than Rs. 1 lac.
The bill is required to be carried by the carrier of a consignment.
Upon generation of the e-way bill on the common portal (http://ewaybill.nic.in), a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the common portal.
Applicability of E-Way Bill
Who, When and How
Who
Registered Person who causes the movement of goods of consignment of more than Rs 50,000 in value.
- in relation to supply (eg. sales)
- for reasons other than supple (eg. sales return, branch transfers, etc.)
- due to inward supply from unregistered person
Unregistered Persons are also required to generate e-Way Bill. However, where a supply is made by an unregistered person to a registered person, the receiver will have to ensure all the compliances are met as if they were the supplier.
Transporters carrying goods by road, air, rail, etc. need to generate eway bill if neither the consignor nor the consignee generates the eway bill and the value of goods is more than Rs. 50,000.
They can enroll themselves on the e-way bill portal (https://ewaybillgst.gov.in) and generate the 15 digits Unique Transporter Id.
The transporters however are not obligated to generate the eway bill where all the consignments in the conveyance are
- individually (single invoice/bill/delivery challan) ≤ Rs. 50,000 but
- in aggregate (of all invoices/bills/delivery challans) > Rs 50,000
If the transporter is transporting multiple consignments in a single conveyance, Form GST EWB-02 can be used to produce a consolidated e-way bill, by providing the e-way bill numbers of each consignment.
When
- Value of goods is more than Rs. 50,000
- Inter-state movement of goods for Job Work irrespective of the value of consignment
- Inter-state movement of handicraft goods irrespective of the value of consignment
In case of transport by road - generated before the movement of goods
In case of transport by railway, air or vessel - generated before or after the movement of goods
Notes:
The railways shall not deliver the goods until e-way bill is produced.
The consignment value of goods for the purpose of e-way bill generation shall be the value declared in an invoice/bill of supply/delivery challan, as the case may be, including tax and cess as mentioned in the document and excluding the value of exempt supply of goods where the invoice is issued in respect of both exempt and taxable supply of goods.
Consignment Value = Invoice Value + Taxes - Value of Exempt Goods
How
Furnishing information related to transaction in Part A of Form GST EWB-01
Furnishing information related to transport in Part B of Form GST EWB-01
Validity
The validity is dependent on the distance travelled by the goods since the generation of e-way bill.
E-Way Bill is an electronically generated bill which is required to be generated by a registered person who intends to initiate the movement of goods in India from one place to another (both inter-state and intra-state), the value of which per invoice is more than Rs. 50,000 with the exception of Delhi where the value shall be more than Rs. 1 lac.
The bill is required to be carried by the carrier of a consignment.
Upon generation of the e-way bill on the common portal (http://ewaybill.nic.in), a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the common portal.
Applicability of E-Way Bill
Who, When and How
Who
Registered Person who causes the movement of goods of consignment of more than Rs 50,000 in value.
- in relation to supply (eg. sales)
- for reasons other than supple (eg. sales return, branch transfers, etc.)
- due to inward supply from unregistered person
Unregistered Persons are also required to generate e-Way Bill. However, where a supply is made by an unregistered person to a registered person, the receiver will have to ensure all the compliances are met as if they were the supplier.
Transporters carrying goods by road, air, rail, etc. need to generate eway bill if neither the consignor nor the consignee generates the eway bill and the value of goods is more than Rs. 50,000.
They can enroll themselves on the e-way bill portal (https://ewaybillgst.gov.in) and generate the 15 digits Unique Transporter Id.
The transporters however are not obligated to generate the eway bill where all the consignments in the conveyance are
- individually (single invoice/bill/delivery challan) ≤ Rs. 50,000 but
- in aggregate (of all invoices/bills/delivery challans) > Rs 50,000
If the transporter is transporting multiple consignments in a single conveyance, Form GST EWB-02 can be used to produce a consolidated e-way bill, by providing the e-way bill numbers of each consignment.
When
- Value of goods is more than Rs. 50,000
- Inter-state movement of goods for Job Work irrespective of the value of consignment
- Inter-state movement of handicraft goods irrespective of the value of consignment
In case of transport by road - generated before the movement of goods
In case of transport by railway, air or vessel - generated before or after the movement of goods
Notes:
The railways shall not deliver the goods until e-way bill is produced.
The consignment value of goods for the purpose of e-way bill generation shall be the value declared in an invoice/bill of supply/delivery challan, as the case may be, including tax and cess as mentioned in the document and excluding the value of exempt supply of goods where the invoice is issued in respect of both exempt and taxable supply of goods.
Consignment Value = Invoice Value + Taxes - Value of Exempt Goods
How
Furnishing information related to transaction in Part A of Form GST EWB-01
Furnishing information related to transport in Part B of Form GST EWB-01
Validity
The validity is dependent on the distance travelled by the goods since the generation of e-way bill.
Notes:
Validity of one day will expire at midnight of the day immediately following the date of generation of e-way bill.
The validity of an e-way bill can be extended by the generator either 4 hours before expiry or within 4 hours after its expiry.
Where, under exceptional circumstances, the goods cannot be transported within the validity period, the transporter may generate another e-way bill after updating the details in Part B of Form GST EWB-01.
In case of import or export of goods, the approximate distance for movement of consignment from the source to destination has to be considered based on the distance within the country i.e. in case of export, the consignor place to the place from where the consignment is leaving the country, after customs clearance and in case of import, the place where the consignment is reached the country to the destination place and cleared by Customs.
Non-Applicability of E-Way Bill
1. Goods of value less than Rs. 50,000 (except in specified mandatory applicability eg. movement of handicraft goods and movement of goods for inter-state job work)
2. Goods are being transported by a non-motorised conveyance (eg. manual carts, horse carts, etc.)
3. Goods are being transported:
- from the port, airport, air cargo complex and land customs station to an inland container depot (ICD) or a container freight station (CFS) for clearance by Customs
- from ICD or CFS to a customs port, airport, air cargo etc under customs bond
- from one customs port/station to another one under customs bond
- under the customs supervision or customs seal
5. Goods transported are transit from/to Nepal or Bhutan
6. Goods are transported to a weighbridge within 20kms and back to the place of business by being covered under a Delivery Challan
7. Where Government or local authorities transport goods by rail as a consignor
8. Goods transported are to/from the Ministry of Defence
Notes:
In case of movement of goods from the place of consignor to the place of transporter up to a distance of 50 km does not require filling of PART-B of e-way bill. However, Part-A needs to be generated.
E-Way Bill in Uttar Pradesh
Intra-State implementation of e-way bill for Uttar Pradesh commenced from 15th April 2018.
The Commercial Taxes Department of Uttar Pradesh has prescribed one or more of the following documents/certificates:
TDF - (Transit Declaration Form) for goods of other states that pass through UP while in transit.
Every goods vehicle that passes into/through UP is required to be registered on the portal after which TDF-1 and TDF-2 can be generated.
TDF - 1
Every heavy vehicle, passing through UP, is required to generate transit form in TDF-1, while entering UP.
The form shall require particulars relevant to the goods and the transportation of goods and is to be carried while traveling in UP, for verification at any point in time.
TDF - 2
This form has to be generated within 24 hours of the vehicle exiting UP to utilize TDF -1.
E-Way Bill-01 (Import Declaration Form) for heavy vehicles transporting goods from other States into Uttar Pradesh for delivery.
E-Way Bill-02 (Transport Memo) for movement of goods from UP to any other state or for movement of goods within the state between two cities in UP.
E-Way Bill-03 (Declaration Form) for movement of goods by e-commerce operators within UP.
Validity
E-Way bill TDF remains valid for a period of 4 days from the date of its generation.
E-Way Bill in Delhi
Delhi became the last to implement intra-state e-way bill amongst all the states in the country.
With effect from the 16th day of June, 2018 e-way bill shall be required in respect of intra-state movement of goods in Delhi, without passing through any other state, where the consignment value of the goods being transported exceeds Rs. 1 lac.
This shall be applicable only in case of B2B transactions above Rs. 1 lac only, i.e. B2C transactions of any value shall not require e-way bill for intra-state movement in Delhi.
Contributed by:
Ms. Kashika Ahuja
Ms. Kashika Ahuja
Member, GST Core Team
Sandeep Ahuja & co.
Monday, June 18, 2018
TDS Notices, Defaults, Penalties, Interest and Online Correction of 26QB – TDS on sale of Immoveable Property
TRACES
is the site where we can generate 26QB – TDS on sale of Immoveable Property
make corrections and generate TDS Certificates for TDS deducted by the buyer of
property
TDS is applicable on transfer of Immovable property under section 194IA enacted by Finance Act
2013 where the consideration of property
exceeds or is equal to 50 lacs. TDS Provisions for Property Sale/ Purchase
above 50 Lacs are as under:
1) WEF
1st June, 2013 Tax @ 1% should be
deducted by the buyer of the property at the time of making payment of sale
consideration.
2) For
furnishing of Information of such transaction a 26QB form is to be filed online containing PAN of seller as well as
buyer & Address, Transaction value and date of agreement for such
transaction. In case of more than 2 buyers or sellers the Challan and Form
26QB will be filled in by all the buyers for respective sellers for their
respective share.
3) Any sum so deducted
under section 194 IA shall be required
to be paid to the credit of the Central Government within a period of seven
days from the end of the month in which the deduction is made either
through Net Banking or through Authorized Bank Branches.
4) TDS
certificate in Form 16B is required to
be issued by the Buyer of property to the Seller, in respect of the taxes
deducted and deposited in Government Account.
5) Challan
and Form 26QB will be filled in by all the buyers for respective sellers for
their respective share.
6) If
the person liable to deduct tax does not file 26QB and deposits the Tax
Deducted in time will be treated as Assessee in default and shall be liable to
pay Interest under section 201 of Income Tax Act,1961 before furnishing the
Form 26QB
(a) In case of TDS Deducted but Not paid in
Time @1.5% for every month or part of a month on the amount of such
TDS from the date on which such TDS was deducted to the date on which such TDS
is actually paid.
(b) In Case TDS is not deducted @1%
for every month or part of a month on the amount of such tax from the date on
which such TDS was deductible to the date on which such TDS is deducted.
7) No filing or late filing of statement of
TDS / TDS returns in Form 26QB the Assessee in Default
shall be liable to pay late fees under
section 234E @ Rs 200 per day till the failure to file TDS statement
continues with challan within a period of seven days from the end of the month
in which the deduction is made.
8) The
late filing fees shall be deposited before filing the TDS return in Form 26Q
but the total fee cannot exceed the
amount of TDS deductible for which statement was required to be filed
filing fee.
9) No filing or late filing of statement of
TDS / TDS returns in Form 26QB shall invite penalty under section 271H minimum
Rs 10,000/- to Rs 1 lakh for not filing the TDS statement within
one year from the specified date within which he was supposed to file the
statement.
10) As
Per section 271H, penalty will be levied if the deductor/collector files an
incorrect TDS return minimum penalty of Rs. 10,000 and maximum penalty of upto
Rs. 1,00,000/-. In Case TDS return is filed without payment of Penalty under
section 271H it may be levied on deductor by the assessing officer.
11) TRACES
is sending two types of notices:
i) Demand of interest payment
in case TDS is paid but interest is payable, and
ii)
Demand of TDS and interest payment in case TDS is deducted or not deducted but
not paid to the credit of the Central Government and TDS return in Form 26QB
not filed.
Online
Correction of 26QB
The CPC TDS released Online Correction facility for TDS
statements filed in form 26QB, for TDS on transfer of Immovable Property where
consideration exceeds Rs. 50 Lacs. The TRACES has given now Online Correction
facility for closure of the following TDS Defaults due to incorrect data entry
in the 26QB statement.
Steps for online
correction in 26QB
·
Register at Traces.
·
Register your DSC.
·
Make Correction in the following Fields : PAN of Buyer Details,
PAN of Seller Details, Amount Paid/Credited, Date of Payment / Credit, Date of
Tax Deduction, Financial Year & Details of Property.
·
No DSC required for Corrections in the fields of email address,
Mobile Number and Address of the Property.
·
In case a person does not have DSC then Assessing Officers’
Approval is required except for amendment in E Mail ID, Mobile and Address of
the property.
Some important points
related to correction of form 26QB
1) Bank
Branches cannot do 26QB challan
correction.
2) Assessing
officers are not authorized for 26QB
challan correction.
3) Correction only in
select challan fields:
·
Buyer PAN
·
Seller PAN
·
Assessment Year
·
Major Head i.e.0020- Income
tax on companies(Corporation Tax) and 0021- Income Tax(other then companies).
4) Challan fields that cannot be corrected: Correction is not possible
for following relevant fields:
·
Total Value of
Consideration (Property Value)
·
Minor head i.e. Type
of Payment – 800 (TDS on Sale of Property)
·
Address
·
Property Details
·
Payment Details
·
TDS or Tax Deposit
Details including penalty i.e. interest and Fee.
5) The Process of 26QB Challan Correction: For 26QB
Challan Correction, a buyer has to submit the written application to the PAN
Assessing Officer as per the jurisdiction of the buyer’s PAN. To know your PAN
Assessing Office, please click on the following link : https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourJurisdictionLink.html
6) NOC from seller: A buyer need NOC from the seller on an
affidavit in original. This original NOC should be attached to the application
for 26QB Challan Correction.
7) Correction Status: If your correction is approved by IT department
then it will be reflected in the Form 26AS of the seller. A buyer may request
the seller to check his/her Form 26AS for corrections.
TDS
on Sale of Property, Delays & defaults in 26QB and
payment
of TDS
The
Buyer of Immovable Property (Other than rural agricultural land) is required to
deduct tax on the rates applicable from the sales consideration payable to
RESIDENT Transferor provided the sales consideration is equal to or more than
Rs.50 Lacs.
Section
194IA would be applicable if any of the following conditions are satisfied:
1.
If the transaction of sale is occurred on or after 1st June 2013 & sales
consideration is equal to or exceeding Rs. 50 Lacs. OR
2.
If the advance consideration received before 1st June 2013 is equal to or
exceeding Rs. 50 Lacs but sale agreement is made after 1st June 2013.
Tax is to be
deducted at Source at the time of payment or at the time of giving credit to transferor,
whichever is earlier.
So at the time of sale of property the tax can be deducted in installments or
lump sum as per the date of agreement by the 7th of the subsequent month in
which agreement is entered into for payment in installments or in lump sum but
as per the date of payment. If any advance payment is being made, then tax is
to be deducted at the time of such payment. If the payment is made in installments
then tax is to be deducted on payment of each installment.
The Tax is
deductible @ 1% of the consideration payable to resident transferor [if valid PAN
is quoted]. If the seller does not provide valid PAN, then the tax is
deductible @ 20%.
The
tax deducted is to be deposited by challan cum statement on Form 26QB. In case
the
property is held by joint owners, the provisions of Sec 194IA will still be
applicable
because
the threshold limit of Rs. 50 Lacs is
property-wise and not transferee-wise.
Permanent
Account Number (PAN) of the seller as well as buyer should be mandatorily
furnished
in the online Form for furnishing information regarding the sale transaction.
If the PAN of seller is not filled or wrongly filled, then TDS would be deducted
@20%.
Procedure of
depositing the Tax Deducted:
The
buyer has to fill the details of buyer and seller in Form No. 26QB. After that,
the buyer has to remit the tax deducted electronically. On receipt of payment
confirmation, a nine digit alpha numeric acknowledgement no. would be generated
and such acknowledgement no. is to be kept by the buyer. On successful payment,
a challan containing CIN and payment details would be generated. Print this as
it will be required at the time of registration as Tax Payer.
There are two
options to make payment:
a)
Online payment through net Banking.
b)
E-Payment at a subsequent date.
In
case a) option is selected then as soon as click for first option there is
window to select the name of the bank from where the payment is to be made and
then account details and other details a for E-payment are required. After
successful payment the receipt is generated which is further required at the
time of generating Form 16B i.e TDS Certificate.
In
case b) option is selected then Acknowledgement slip for TDS on sale of
immovable
property
is generated having PAN of Buyer, PAN of Seller, 9 digit alpha numeric Acknowledgement
number, Amount of TDS as well as last date of payment. Then second step in this
option is to make payment which can be done by bankers on behalf of the Buyer of
the property or otherwise e-payment can be made by Clicking on the given link:
https://onlineservices.tin.egov-nsdl.com/etaxnew/PopServletOffline
After
clicking the above web page there are the following information is to be
entered:
·
PAN
of Buyer.
·
PAN
of Seller.
·
Ack
Number of Pre-generated 9 digit Alpha Numeric Acknowledgement Number.
·
Assessment
Year which is subsequent to Fin. year in which property is purchased i.e Assessment
Year is 16-17 for Financial Year 15-16.
Generally
payment of TDS on Purchase of property is a huge amount so Income Tax
Department
has given tutorials for the same.
There
are E-Tutorials for TDS on Sale of Property:
E-Tutorial
for making the on line payment or for subsequent payment please follow the
given links respectively:
TDS
on Property - e-tax payment immediately (through net banking)
TDS
on Property - e-tax payment on subsequent date (through bank branches)
https://www.tin-nsdl.com/download/TDS/eTutorial_TDS%20on%20property_etax-subsequently.pdf
In
case of failure to deposit the tax deducted, interest and penalty would be
levied on the purchaser. Interest will be charged @ 1.5% per month or part of the
month from the date of deduction to date of actual deposit. TDS CPC has raised
the demands against delays and defaults in filing 26QB. TDS CPC has sent U/S
200A and raised demands under Section 156 for defaults and Section 234E for
delays @ Rs.200/- per day.
Payment
of Demand raised on delays and defaults:
Now
TDS CPC has given the facility to make payment of demand raised against TDS on
Sale of Property has been enabled.
To
Pay Such Demand raised please click on
https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp
Contributed by Megha Bansal
Subscribe to:
Posts (Atom)