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