Wednesday 30 November 2016

SEMINAR ON GST AT AHMEDABAD BRANCH OF ICAI







Dear Readers,

 Central/State Goods and Service Tax Act, 2016 revised model has been published recently. There are many changes in the same.

There are three Acts simultaneously working in this GST regime.
CGST, SGST, and IGST.

There are  three laws and there is transaction Intra state and Inter state for provision of services and sale of goods.

In case of import there would be IGST and in Export there would be zero tax.

The following slides will clear the concept of Intra state , Inter state, Import of goods, Export of goods, where the applicability of CGST, SGST and IGST and availability of set off and  place of supply with different option to clear the point of supply.(Slides of ELP Consultant and CA Satish Saraf)





















































The levy in GST is on the basis of event of supply for a consideration whether monetary and non-monetary.

Registration is right now for VAT client is provisionally done on the supply of certain documents.
There are specific provision for E-commerce.
There are transitional provisions under chapter 27.

We will be deliberating further for sharing of knowledge through this portal.
Please to receive the question and someone wants to contribute are welcome.
CA Nitin Pathak
Mob:9825804094
E-mail id:nitinmpathak@gmail.com

Click here for:MODEL GST LAW



Friday 18 November 2016

Demonetization of 500/1000 currency notes and its impact on an Assessee

PPT Presentation on Demonetization of 500/1000 notes made at Rotary Club of Airport,Ahmedabad














Dear Readers,
We have presented a paper on effect of demonetization of  500/1000 notes on Indian economy, different assessee.
Following points are covered in this presentation.

  •  NM/PM’s Path for erosion of black money
  • IT provision for deposition of cash qua improportionate  compare to previous years
  • Warrant buffet’s investment guide in  this arena
  • Impact of demonetization on long term & short term
  • GST and demonetization impact
  • What is the world standard on black money
  • Kinds of assesses
  • The standard examples to explain the assesses  to show what is reasonable cash in hand
  • Ways & means employed by greedy assesses
  • Prayer

     Regards,
     CA Nitin Pathak
     M. 98258 04094
     E-mail :nitinmpatahk@gmail.com
    PS: PPT can be downloaded from the link above.
    Any suggestion is most welcome



Saturday 12 November 2016

500/1000 notes demonization and its impact on citizen of India

Dear Readers,




There is an anarchy going on in the minds of people .
The political parties are  resisting what is going on for the economy in the long term. They are concerned about their vote bank.
Poor and common people is facing hardship  and inconvenience.
The government is making all effort to reduce the anarchy and confusion.
The main  crux those who have 500/1000 notes is what will be action, if deposited in bank, by income tax official.
The answer lies in quantum of money proportion to income.
The tax professional are working to minimize the tax, interest , penalty and prosecution.
The tax official are ready to garner information and taking proactive steps.
Please be rational.
Certain articles are attached in the blog.
For details visit blog canitinmpathak.blogspot.in
M.9825804094
E-Mail: nitinmpathak@gmail.com
Regards,
CA  Nitin Pathak


The government and income tax departments is going to be vigilant on cash deposition during the period .
The hearsay matter is being used by an individual as a tax planning tools.
We strongly recommend you to keep your emotion under control.
Do not go for buying land, shop, offices , residential premises, gold etc with old currency.
Be balanced.
Do not take it as business opportunity.
Do not support friends , relative in this income tax matters.
The balance in books should be reasonable and rational.
e.g. An employee drawing Rs 25000/- PM can not have a cash balance as per books not more than one month salary.
The balance of cash for a businessmen can not be more than 15 days cash receipt during the year. ( cash sales+receipt from debtors)
The deposit of cash should be rationally analyse and deposited. We can not give you whole crux of each case but broad parameters are explained on the basis examples as above.
There will be tax ,interest, and penalty likely.
There will be a collection of data from bank qua each pan no.( rather than each date,bank,branch) .
There is a possibility that there will be column while filing return deposition made by you.
Please be simple
Please be rational
Think of consequences
Be prepared for the choices of deposition of old currency in bank qua let it go.
Too much regards,
We are ready to support you in making decision.
Regards,
CA Nitin Pathak

The withdrawal of Rs.500 & Rs 1000 note from circulation  will have a great booster the economy supported by GST.
Those who have valid and genuine cash with them will not have much problem but some inconvenience, which as a citizen should bare with it on larger interest of a country. The action required is shown in a table of new note below:
Those who are having undisclosed notes will have a battle to fight.please contact to  your consultant who can support you. god is great.

Press release by RBI
Summary of the important announcement :
1. Black money issue,  500 rupees and 1000 rupees banned from Midnight.
2. ATM's wouldn't wouldn't work on 9th and 10th November. Rather the withdrawal limit is Rs.  2000 only.
3. All Residents have option till 30th December 2016, to deposit their existing cash balance of 500 and 1000 rupees in their bank accounts.
4. ATM withdrawal is limited post 11th Nov to 10000 per day, but initial few days it would be 2000 Rs.  Only.
5. Emergency periods like hospitals and chemist,  train ticket booking and airline ticket booking,  petrol pumps may accept the old notes to 11th November.
6. No changes in online,  card, cheque or any other plastic money transactions.
7. 9th November,  banks wouldn't be available for public banking services.
8. New notes of 500 rupees and 2000 rupees would bring in circulation, mostly from 31st March 2017.
9. This one is not clear,  but old notes can be exchanged with rbi till 31st March 2017. I guess post 30th December.


1. Why is this scheme?
The incidence of fake Indian currency notes in higher denomination has increased. For ordinary persons, the fake notes look similar to genuine notes, even though no security feature has been copied. The fake notes are used for antinational and illegal activities. High denomination notes have been misused by terrorists and for hoarding black money. India remains a cash based economy hence the circulation of Fake Indian Currency Notes continues to be a menace. In order to contain the rising incidence of fake notes and black money, the scheme to withdraw has been introduced.
2. What is this scheme?
The legal tender character of the notes in denominations of ₹ 500 and ₹ 1000 stands withdrawn. In consequence thereof withdrawn old high denomination (OHD) notes cannot be used for transacting business and/or store of value for future usage. The OHD notes can be exchanged for value at any of the 19 offices of the Reserve Bank of India or at any of the bank branches or at any Head Post Office or Sub-Post Office.
3. How much value will I get?
You will get value for the entire volume of notes tendered at the bank branches / RBI offices.
4. Can I get all in cash?
No. You will get upto ₹4000 per person in cash irrespective of the size of tender and anything over and above that will be receivable by way of credit to bank account.
5. Why I cannot get the entire amount in cash when I have surrendered everything in cash?
The Scheme of withdrawal of old high denomination(OHD) notes does not provide for it, given its objectives.
6. ₹4000 cash is insufficient for my need. What to do?
You can use balances in bank accounts to pay for other requirements by cheque or through electronic means of payments such as Internet banking, mobile wallets, IMPS, credit/debit cards etc.
7. What if I don’t have any bank account?
You can always open a bank account by approaching a bank branch with necessary documents required for fulfilling the KYC requirements.
8. What if, if I have only JDY account?
A JDY account holder can avail the exchange facility subject to the caps and other laid down limits in accord with norms and procedures.
9. Where can I go to exchange the notes?
The exchange facility is available at all Issue Offices of RBI and branches of commercial banks/RRBS/UCBs/State Co-op banks or at any Head Post Office or Sub-Post Office.
10. Need I go to my bank branch only?
For exchange upto 4000 in cash you may go to any bank branch with valid identity proof.
For exchange over 4000, which will be accorded through credit to Bank account only, you may go to the branch where you have an account or to any other branch of the same bank.
In case you want to go to a branch of any other bank where you are not maintaining an account, you will have to furnish valid identity proof and bank account details required for electronic fund transfer to your account.
11. Can I go to any branch of my bank?
Yes you can go to any branch of your bank.
12. Can I go to any branch of any other bank?
Yes, you can go to any branch of any other bank. In that case you have to furnish valid identity proof for exchange in cash; both valid identity proof and bank account details will be required for electronic fund transfer in case the amount to be exchanged exceeds ₹4000.
13. I have no account but my relative / friend has an account, can I get my notes exchanged into that account?
Yes, you can do that if the account holder relative/friend etc gives you permission in writing. While exchanging, you should provide to the bank, evidence of permission given by the account holder and your valid identity proof.
14. Should I go to bank personally or can I send the notes through my representative?
Personal visit to the branch is preferable. In case it is not possible for you to visit the branch you may send your representative with an express mandate i.e. a written authorisation. The representative should produce authority letter and his / her valid identity proof while tendering the notes.
15. Can I withdraw from ATM?
It may take a while for the banks to recalibrate their ATMs. Once the ATMs are functional, you can withdraw from ATMs upto a maximum of ₹2,000/- per card per day upto 18th November, 2016. The limit will be raised to ₹4000/- per day per card from 19th November 2016 onwards.
16. Can I withdraw cash against cheque?
Yes, you can withdraw cash against withdrawal slip or cheque subject to ceiling of ₹10,000/- in a day within an overall limit of ₹20,000/- in a week (including withdrawals from ATMs) for the first fortnight i.e. upto 24th November 2016.
17. Can I deposit withdrawn notes through ATMs, Cash Deposit Machine or cash Recycler?
Yes, OHD notes can be deposited in Cash Deposits machines / Cash Recyclers.
18. Can I make use of electronic (NEFT/RTGS /IMPS/ Internet Banking / Mobile banking etc.) mode?
You can use NEFT/RTGS/IMPS/Internet Banking/Mobile Banking or any other electronic/ non-cash mode of payment.
19. How much time do I have to exchange the notes?
The scheme closes on 30th December 2016. The OHD banknotes can be exchanged at branches of commercial banks, Regional Rural Banks, Urban Cooperative banks, State Cooperative Banks and RBI till 30th December 2016.
For those who are unable to exchange their Old High Denomination Banknotes on or before December 30, 2016, an opportunity will be given to them to do so at specified offices of the RBI, along with necessary documentation as may be specified by the Reserve Bank of India.
20. I am right now not in India, what should I do?
If you have OHD banknotes in India, you may authorise in writing enabling another person in India to deposit the notes into your bank account. The person so authorised has to come to the bank branch with the OHD banknotes, the authority letter given by you and a valid identity proof (Valid Identity proof is any of the following: Aadhaar Card, Driving License, Voter ID Card, Pass Port, NREGA Card, PAN Card, Identity Card Issued by Government Department, Public Sector Unit to its Staff)
21. I am an NRI and hold NRO account, can the exchange value be deposited in my account?
Yes, you can deposit the OHD banknotes to your NRO account.
22. I am a foreign tourist, I have these notes. What should I do?
You can purchase foreign exchange equivalent to ₹5000 using these OHD notes at airport exchange counters within 72 hours after the notification, provided you present proof of purchasing the OHD notes.
23. I have emergency needs of cash (hospitalisation, travel, life saving medicines) then what I should do?
You can use the OHD notes for paying for your hospitalisation charges at government hospitals, for purchasing bus tickets at government bus stands for travel by state government or state PSU buses, train tickets at railway stations, and air tickets at airports, within 72 hours after the notification.
24. What is proof of identity?
Valid Identity proof is any of the following: Aadhaar Card, Driving License, Voter ID Card, Pass Port, NREGA Card, PAN Card, Identity Card Issued by Government Department, Public Sector Unit to its Staff.
25. Where can I get more information on this scheme?
Further information is available at our website (www.rbi.org.in) and GoI website (www.rbi.org.in)
26. If I have a problem, whom should I approach?

Tuesday 8 November 2016

Depositing 500/1000 notes and Its income tax effects

Dear Readers,
The government and income tax departments is going to be vigilant on cash deposition during the period .
The hearsay matter is being used by an individual as a tax planning tools.
We strongly recommend you to keep your emotion under control.
Do not go for buying land, shop, offices , residential premises, gold etc with old currency.
Be balanced.
Do not take it as business opportunity.
Do not support friends , relative in this income tax matters.
The balance in books should be reasonable and rational.
e.g. An employee drawing Rs 25000/- PM can not have a cash balance as per books not more than one month salary.
The balance of cash for a businessmen can not be more than 15 days cash receipt during the year. ( cash sales+receipt from debtors)
The deposit of cash should be rationally analyse and deposited. We can not give you whole crux of each case but broad parameters are explained on the basis examples as above.
There will be tax ,interest, and penalty likely.
There will be a collection of data from bank qua each pan no.( rather than each date,bank,branch) .
There is a possibility that there will be column while filing return deposition made by you.
Please be simple
Please be rational
Think of consequences
Be prepared for the choices of deposition of old currency in bank qua let it go.
Too much regards,
We are ready to support you in making decision.
Regards,
CA Nitin Pathak

The withdrawal of Rs.500 & Rs 1000 note from circulation  will have a great booster the economy supported by GST.
Those who have valid and genuine cash with them will not have much problem but some inconvenience, which as a citizen should bare with it on larger interest of a country. The action required is shown in a table of new note below:
Those who are having undisclosed notes will have a battle to fight.please contact to  your consultant who can support you. god is great.
CA Nitin Pathak
M. 98258 04094
Email: nitinmpathak@gmail.com
Press release by RBI
Summary of the important announcement :
1. Black money issue,  500 rupees and 1000 rupees banned from Midnight.
2. ATM's wouldn't wouldn't work on 9th and 10th November. Rather the withdrawal limit is Rs.  2000 only.
3. All Residents have option till 30th December 2016, to deposit their existing cash balance of 500 and 1000 rupees in their bank accounts.
4. ATM withdrawal is limited post 11th Nov to 10000 per day, but initial few days it would be 2000 Rs.  Only.
5. Emergency periods like hospitals and chemist,  train ticket booking and airline ticket booking,  petrol pumps may accept the old notes to 11th November.
6. No changes in online,  card, cheque or any other plastic money transactions.
7. 9th November,  banks wouldn't be available for public banking services.
8. New notes of 500 rupees and 2000 rupees would bring in circulation, mostly from 31st March 2017.
9. This one is not clear,  but old notes can be exchanged with rbi till 31st March 2017. I guess post 30th December.

1. Why is this scheme?
The incidence of fake Indian currency notes in higher denomination has increased. For ordinary persons, the fake notes look similar to genuine notes, even though no security feature has been copied. The fake notes are used for antinational and illegal activities. High denomination notes have been misused by terrorists and for hoarding black money. India remains a cash based economy hence the circulation of Fake Indian Currency Notes continues to be a menace. In order to contain the rising incidence of fake notes and black money, the scheme to withdraw has been introduced.
2. What is this scheme?
The legal tender character of the notes in denominations of ₹ 500 and ₹ 1000 stands withdrawn. In consequence thereof withdrawn old high denomination (OHD) notes cannot be used for transacting business and/or store of value for future usage. The OHD notes can be exchanged for value at any of the 19 offices of the Reserve Bank of India or at any of the bank branches or at any Head Post Office or Sub-Post Office.
3. How much value will I get?
You will get value for the entire volume of notes tendered at the bank branches / RBI offices.
4. Can I get all in cash?
No. You will get upto ₹4000 per person in cash irrespective of the size of tender and anything over and above that will be receivable by way of credit to bank account.
5. Why I cannot get the entire amount in cash when I have surrendered everything in cash?
The Scheme of withdrawal of old high denomination(OHD) notes does not provide for it, given its objectives.
6. ₹4000 cash is insufficient for my need. What to do?
You can use balances in bank accounts to pay for other requirements by cheque or through electronic means of payments such as Internet banking, mobile wallets, IMPS, credit/debit cards etc.
7. What if I don’t have any bank account?
You can always open a bank account by approaching a bank branch with necessary documents required for fulfilling the KYC requirements.
8. What if, if I have only JDY account?
A JDY account holder can avail the exchange facility subject to the caps and other laid down limits in accord with norms and procedures.
9. Where can I go to exchange the notes?
The exchange facility is available at all Issue Offices of RBI and branches of commercial banks/RRBS/UCBs/State Co-op banks or at any Head Post Office or Sub-Post Office.
10. Need I go to my bank branch only?
For exchange upto 4000 in cash you may go to any bank branch with valid identity proof.
For exchange over 4000, which will be accorded through credit to Bank account only, you may go to the branch where you have an account or to any other branch of the same bank.
In case you want to go to a branch of any other bank where you are not maintaining an account, you will have to furnish valid identity proof and bank account details required for electronic fund transfer to your account.
11. Can I go to any branch of my bank?
Yes you can go to any branch of your bank.
12. Can I go to any branch of any other bank?
Yes, you can go to any branch of any other bank. In that case you have to furnish valid identity proof for exchange in cash; both valid identity proof and bank account details will be required for electronic fund transfer in case the amount to be exchanged exceeds ₹4000.
13. I have no account but my relative / friend has an account, can I get my notes exchanged into that account?
Yes, you can do that if the account holder relative/friend etc gives you permission in writing. While exchanging, you should provide to the bank, evidence of permission given by the account holder and your valid identity proof.
14. Should I go to bank personally or can I send the notes through my representative?
Personal visit to the branch is preferable. In case it is not possible for you to visit the branch you may send your representative with an express mandate i.e. a written authorisation. The representative should produce authority letter and his / her valid identity proof while tendering the notes.
15. Can I withdraw from ATM?
It may take a while for the banks to recalibrate their ATMs. Once the ATMs are functional, you can withdraw from ATMs upto a maximum of ₹2,000/- per card per day upto 18th November, 2016. The limit will be raised to ₹4000/- per day per card from 19th November 2016 onwards.
16. Can I withdraw cash against cheque?
Yes, you can withdraw cash against withdrawal slip or cheque subject to ceiling of ₹10,000/- in a day within an overall limit of ₹20,000/- in a week (including withdrawals from ATMs) for the first fortnight i.e. upto 24th November 2016.
17. Can I deposit withdrawn notes through ATMs, Cash Deposit Machine or cash Recycler?
Yes, OHD notes can be deposited in Cash Deposits machines / Cash Recyclers.
18. Can I make use of electronic (NEFT/RTGS /IMPS/ Internet Banking / Mobile banking etc.) mode?
You can use NEFT/RTGS/IMPS/Internet Banking/Mobile Banking or any other electronic/ non-cash mode of payment.
19. How much time do I have to exchange the notes?
The scheme closes on 30th December 2016. The OHD banknotes can be exchanged at branches of commercial banks, Regional Rural Banks, Urban Cooperative banks, State Cooperative Banks and RBI till 30th December 2016.
For those who are unable to exchange their Old High Denomination Banknotes on or before December 30, 2016, an opportunity will be given to them to do so at specified offices of the RBI, along with necessary documentation as may be specified by the Reserve Bank of India.
20. I am right now not in India, what should I do?
If you have OHD banknotes in India, you may authorise in writing enabling another person in India to deposit the notes into your bank account. The person so authorised has to come to the bank branch with the OHD banknotes, the authority letter given by you and a valid identity proof (Valid Identity proof is any of the following: Aadhaar Card, Driving License, Voter ID Card, Pass Port, NREGA Card, PAN Card, Identity Card Issued by Government Department, Public Sector Unit to its Staff)
21. I am an NRI and hold NRO account, can the exchange value be deposited in my account?
Yes, you can deposit the OHD banknotes to your NRO account.
22. I am a foreign tourist, I have these notes. What should I do?
You can purchase foreign exchange equivalent to ₹5000 using these OHD notes at airport exchange counters within 72 hours after the notification, provided you present proof of purchasing the OHD notes.
23. I have emergency needs of cash (hospitalisation, travel, life saving medicines) then what I should do?
You can use the OHD notes for paying for your hospitalisation charges at government hospitals, for purchasing bus tickets at government bus stands for travel by state government or state PSU buses, train tickets at railway stations, and air tickets at airports, within 72 hours after the notification.
24. What is proof of identity?
Valid Identity proof is any of the following: Aadhaar Card, Driving License, Voter ID Card, Pass Port, NREGA Card, PAN Card, Identity Card Issued by Government Department, Public Sector Unit to its Staff.
25. Where can I get more information on this scheme?
Further information is available at our website (www.rbi.org.in) and GoI website (www.rbi.org.in)
26. If I have a problem, whom should I approach?
You may approach the control room of RBI by email or on Telephone Nos 022 22602201/022 22602944

Friday 23 September 2016

GST(FREQUENTLY ASKED QUESTION ANSWER)

GST(FREQUENTLY ASKED QUESTION ANSWER)


Question on GST
Game changer for Indian economy as well as for each Individual business men..
Frequently  asked questions is attached herewith..
Anyone want to know can call on us..
Ca Nitin Pathak
Call @ +91 98258 04094 or E-Mail : nitinmpathak@gmail.com

Monday 19 September 2016

PPT presenation on CTC planning, Tax Planing, Wealth Planning by CA Nitin Pathak

Dear friends,
PPT PRESENTATION OF CTC PLANNING etc.

We have made a presentation on wealth planning through CTC Planning, Tax planning, Investment and awareness like Warren Buffet, Mukesh Ambani and Mother Teressa.
PPT presentation is attached herewith for your kind perusal, it contain exhaustive detail for CTC Planning etc.
For further details or questions or queries or clarifications email us at nitinmpathak@gmail.com
CA NITIN PATHAK

Wednesday 24 August 2016

CA Nitin Pathak's Shifting of office to a new premises


Dear Readers,
We have shifted our office to new premises w.e.f. today
CA Nitin Pathak,
B - 1111,  Mondeal Heights, Near Wide Angle,Besides Novotel Hotel, Iscon circle,Ahmedabad
Phone number: 29704690
Mobile
9825804094
8487974335
7016637738
Please take note and save the mobile no for location guidance.
CA NITIN PATHAK


Wednesday 3 August 2016

CA Nitin Pathak: Inauguration of New Office on Sunday, 14th August at Mondeal Heights




Dear Invitee,
You are cordially invited on 14th August, Sunday at Mondeal Heights, 
Ahmedabad between  9.30 am to 1.30 pm.
For details : See table and attached Invitation card.
Wish to see you in person.
 
 
 
Date  & Day
14th August,Sunday
Time
9:00 AM-1.30 PM
Venue
B-1111,Mondeal Heights, Nr.Wide Angle,
Iscon Circle,S.G.Highway,Ahmedabad
Subject
Inauguration of New Office of N.M.Pathak & Co.
Contact Details
CA Nitin Pathak-09825804094,8487974335,7016637738
For Details
For Google Map













Friday 25 March 2016

Tax free return of 9.45% P.A. for 5 years redemption for AAA

Dear Investor,
This is one of the good investment option for HNI investor; 
Tax free return of 9.45% P.A. for 5 years redemption for AAA paper
Regards,
Details as under:
IL&FS Financial Services Ltd.It’s a 5-year Instrument rated AAA by CARE.
It offers a tax free dividend income of 9. 45% p.a. For Category-II - Individuals, HUFs, Partnership Firm, Family Trust etc.
We feel it’s a very good option for those who are looking at investing in Fixed Income Securities- Issue dates - March 29 to 31,2016
CA Nitin Pathak 

Monday 21 March 2016

BENEFITS OF INVESTMENT BEFORE 31/03/2016









Invest professionaly in new arena
PPF new rate 8.1 . NSC AND KVP AND LOTS OF GOVERNMENT SECURITIES OF SAVING RATE OF INTEREST
REDUCED

Govt: Cuts Interest Rate On Public Provident Fund To 8.1% From 8.7%
Govt: Cuts Interest Rate On Kisan Vikas Patra To 7.8% From 8.7%
Govt: Cuts Interest Rate On 1-Year Time Deposit To 7.1% From 8.4%
Govt: Cuts Interest Rate On 2-Year Time Deposit To 7.2% From 8.4%
Govt: Cuts Interest Rate On 3-Year Time Deposit To 7.4% From 8.4%
Govt: Cuts Interest Rate On 5-Year Time Deposit To 7.9% From 8.5%


CA NITIN PATHAK

Monday 29 February 2016

KEY FEATURES OF BUDGETS: 2016-17



KEY FEATURES OF BUDGET &
KEY POINTS OF SERVICE TAX 
Changes under Service Tax Proposed in Finance Bill 2016

1)      Service tax another surcharge from 01st June 2016- “Krishi Kalyan Cess” – 0.5 % . Thus Service tax now effectively will be 14%+0.5%+0.5% = 15 %

2)      Legal Service now removed from Reverse Charge Mechanism and brought to direct Service Tax at above effective rate from 01st April 2016.

3)      The services provided by mutual fund agent/distributor to a mutual fund or asset management company, are being made taxable under forward charge (removed from Reverse Charge Mechanism)  with effect from 1st April, 2016, so as to enable the small sub-agents down the distribution chain to avail small scale exemption having threshold turnover of Rs 10 lakh per year. This will reduce burden of Mutual fund and other similar organisation.

4)      From 1st March 2016 Contract pertaining to monorail or metro construction, erection, commissioning or installation of original works will now be liable at 5.6% effective rate plus two surcharge.

5)      Service provided by ropeway, cable car or aerial tramway for transport of passenger will now be liable to service tax @ above rate from 01st April 2016.

6)      Service tax on transportation of passengers by Air-conditioned Stage carrier will be liable to tax from 01st June 2016 @ 5.6% effective rate plus two surcharge.

7)      Impose Service Tax on services provided by them by way of transportation of goods by a vessel from outside India up to the customs station in India with effect from 1st June, 2016 so as to complete the credit chain and enable Indian Shipping Lines to avail and utilize input tax credits.

8)      With effects from 01st April 2016, the following service are now exempted ---Service provided by:-a) Pension Fund Regulatory and Development Authority (PFRDA) b) Employees’ Provident Fund Organisation (EPFO) c) Insurance Regulatory and Development Authority (IRDA) d) Securities and Exchange Board of India (SEBI) e) services of general insurance business provided under ‘Niramaya’ Health Insurance scheme f) National Centre for Cold Chain Development under Department of Agriculture, Cooperation and Farmer’s Welfare, g) Biotechnology Industry Research Assistance Council (BIRAC) h) way of skill/vocational training by training partners under Deen Dayal Upadhyay Grameen Kaushalya Yojana i) Directorate General of Training, Ministry of Skill Development & Entrepreneurship j) a performing artist in folk or classical art forms of music, dance or theatre is being enhanced from Rs 1 lakh to Rs 1.5 lakh.

9)      From 1st March 2016 the construction service in respect of housing project (Urban) Mission/Pradhan Mantri Awas Yojana; low cost houses up to carpet area 60 sq.metres=(645 Square feet)  under  “Affordable housing in Partnership” ; low cost houses up to a carpet area of 60 square metres in a housing project under any housing scheme of the State Government is exempted from service tax.

10)   From 01st April 2016 Service Tax on single premium annuity (insurance) policies is being reduced from 3.5% to 1.4% of the premium.

11)   From 01st March 2016 services provided by Indian Shipping lines by way of transportation of goods by a vessel to outside India, will be entitle for Cenvat credit on inputs; input services and capital goods credit.

12)   Benefit from retrospective effect i.e. 01st April 2015 (earlier withdrawn from that date) - Exemptions on services of: a) construction provided to the Government, a local authority or a governmental authority, in respect of construction of govt. schools, hospitals etc. b) construction of ports, airports. Thus reduce service tax from 5.6 % to “zero”.

13)   Services provided by way of construction, maintenance etc. of canal, dam or other irrigation works provided to bodies set up by Government but not necessarily by an Act of Parliament or a State Legislature, during the period from the 1st July, 2012 to 29th January, 2014, are being exempted from Service Tax with consequential refunds, subject to the principle of unjust enrichment. Thus reduce service tax from 5.6 % to “zero”.

14)   Services provided by the Indian Institutes of Management (IIM) by way of 2 year full time Post Graduate Programme in Management (PGPM) (other than executive development programme), Integrated Programme in Management and Fellowship Programme in Management (FPM) are being exempted from Service Tax with effect from 1st March, 2016. Now exempted.

15)   “One Person Company” and HUF can from 01st April 2016 pay quarterly Service tax.

16)   Interest rates on delayed payment of duty/tax across all indirect taxes are being rationalized and made uniform at 15%, except in case of Service Tax collected but not deposited to the exchequer, in which case the rate of interest will be 24% from the date on which the Service Tax payment became due.---( In case of assessees, whose value of taxable services in the preceding year/years covered by the notice is less than Rs. 60 Lakh, the rate of interest on delayed payment of Service Tax will be 12%.) – with effect from Finance Bill receives the assent of the President.

17)   Cenvat credit on input service will now be available on following abatements ( From 01st April 2016)

a)       Credit of input services is being allowed on transport of passengers by rail

b)      Credit of input services is being allowed on transport of goods, other than in containers

c)       Credit of input services is being allowed on transport of goods in containers by rail at a reduced abatement rate of 60%. (In effect tax will first increase by 1.4 % and then cenvat credit available)

d)      Credit of input services is being allowed on transport of goods by vessel

18)   The abatement rate in respect of services by way of construction of residential complex, building, civil structure, or a part thereof, is being rationalized at 70% by merging the two existing rates. Thus effective rate 4.2 % plus above two surcharges. From 1st April 2016

19)   The abatement on shifting of used household goods by a Goods Transport Agency (GTA) is being rationalized at the rate of 60%, without CENVAT credit on inputs, input services and capital goods. Thus the effective tax rate is 5.6 % . From 1st April 2016.

20)   The abatement rate on services of a foreman to a chit fund is being rationalised at the rate of 30%, without CENVAT credit on inputs, input services and capital goods. Thus the effective tax rate is 9.8 % . From 1st April 2016.

21)   A condition mandating inclusion of cost of fuel in the consideration for availing abatement on the services by way of renting of motor-cab is being prescribed with effect from 1st April, 2016.

22)   Indirect tax Dispute Resolution Scheme, 2016, wherein a scheme in respect of cases pending before Commissioner (Appeals), the assessee, after paying the duty, interest and penalty equivalent to 25% of duty, can file a declaration, is being introduced. In such cases the proceedings against the assessee will be closed and he will also get immunity from prosecution.

23)   The annual return will also have to be filed by Service Tax assessees, above a certain threshold, taking total number of returns to three in a year for them. This change shall come into effect from 1st April, 2016.

24)   Section 73 of the Finance Act, 1994 is being amended so as to increase the limitation period from 18 months to 30 months for short levy/non levy/short payment/non-payment/erroneous refund of Service Tax.
25)   The power to arrest in Service Tax is being restricted only to situations where the tax payer has collected the tax but not deposited it to the exchequer, and that too above a threshold of Rs 2 crore. The monetary limit for launching prosecution is being increased from Rs. 1 crore to Rs. 2 crore of Service Tax evasion. 


KEY FEATURES OF BUDGETS: 2016-17
  •  Raise the ceiling of tax rebate under section 87A from Rs. 2000 to Rs.5000 to lessen tax burden on individuals with income upto Rs. 5 laks.
  •       Increase the limit of deduction of rent paid under section 80GG from Rs.24000 per annum to Rs. 60000, to provide relief to those who live in rented houses.
  •      Deduction for additional interest of Rs.50,000 per annum for loans up to Rs.35 lakh sanctioned in 2016-17 for first time home buyers, where house cost does not exceed Rs. 50 lakh
  •     Increase the turnover limit under Presumptive taxation scheme under section 44AD of the Income Tax Act to Rs. 2 crores to bring big relief to a large number of assessees in the MSME category
  •  Extend the presumptive taxation scheme with profit deemed to be 50%, to professionals with gross receipts up to Rs.50 lakh.
  •     Lower the corporate tax rate for the next financial year for relatively small enterprises i.e companies with turnover not exceeding Rs. 5 crore (in the financial year ending March 2015), to 29% plus surcharge and cess.
  •  100% deduction of profits for 3 out of 5 years for startups setup during April, 2016 to March, 2019. MAT will apply in such cases.
  •   Expansion in the scope of e-assessments to all assessees in 7 mega cities in the coming years.
  •    Interest at the rate of 9% p.a against normal rate of 6% p.a for delay in giving effect to Appellate order beyond ninety days.
  •  ‘e-Sahyog’ to be expanded to reduce compliance cost, especially for small taxpayers. 
  •  Penalty rates to be 50% of tax in case of underreporting of income and 200% of tax where there is misreporting of facts.
Some hidden things in budget for income tax:
1. From presumptive taxation income of business as well as profession,   Sec. 44AD and Sec. 44ADA, no deduction is now available for partners salary and interest.
2. Income Rs. 5,00,000, tax 20600.(Tax rebate of Rs. 5000 available.)  Income Rs. 5,00,100, tax 25,770.(No rebate available). Earn Rs. 100 more, tax increases by Rs. 5170
3. Time limit of filing of belated return from A Y 16 17, upto the end of assessment year only. Presently it is 1 year from the end of assessment year.
4. Practically Every partnership firm under Tax Audit , also considering 5 years clause audit for others too


BUDGET - HIDDEN AMENDMENTS AFFECTING SMPs :
1) In section 50C saving provisos similar to section 43CA (3) and (4) added as follows w.e.f. A.Y. 17-18:

"Provided that where the date of the agreement fixing the amount of consideration and the date of registration for the transfer of the capital asset are not the same, the value adopted or assessed or assessable by the stamp valuation authority on the date of agreement may be taken for the purposes of computing full value of consideration for such transfer: 

Provided further that the first proviso shall apply only in a case where the amount of consideration, or a part thereof, has been received by way of an account payee cheque or account payee bank draft or by use of electronic clearing system through a bank account, on or before the date of the agreement for transfer.”


2) No loss shall be allowed to set off from income chargeable u/s 115BBE (i.e. income added u/s 68-69-69A-69B-69C-69D) W.E.F. A.Y. 17-18.


3) Section 139(4) and 139(5) changed as follows:

139(4)- Any person who has not furnished a return within the time allowed to him under
sub-section (1), may furnish the return for any previous year at any time before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.”;

It means henceforth belated return must be filed before expiry of relevant ast. year..

139(5)- “ If any person, having furnished a return under sub-section (1) or sub-section (4), discovers
any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.”;

It means, henceforth belated return can also be revised... 


4) Powers of adjustments by way of 143(1) intimation widened to large extent!!!!


5) TDS related Changes:
i) Section 194C : Threshold increased from 75000 to 100000..
ii) Section 194H: Threshold increased from  5000 to 15000...
iii) Section 194H: Rate reduced from 10% to 5%..
iv) TCS @ 1% introduced on sale of motor vehicles value above Rs. 10 Lacs..
v) Existing provision of TCS @1% on sale of bullion, jewellery extended to all goods for sale in cash above Rs. 200000/-
    (Subject to certain conditions, to be prescribed later).. 


6) Advance tax provision applicable to 44AD income, advance tax to be paid on or before 15th March in single installment.
   (Accordingly interest u/s 234C made applicable on tax on such income u/s 44AD)....

Hidden bomb shells in Budget 2016 -

Time limit of filing of belated return from A Y 16 17, upto the end of assessment year only. Presently it is 1 year from the end of assessment year.

CA NITIN PATHAK