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Monday, January 31, 2011

Reopening/revision of annual accounts after their adoption in the annual general meeting.

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This Ministry, vide General Circular Number 1/2003 (F. No. 17/75/2002) dated 13.01.2003 had directed the grounds and manner in which accounts can be re-opened/ revised by companies and thereafter adopted by shareholders.

It has now come to the notice of the Ministry that few companies have been filing their annual accounts under section 220 more than once resulting into filing/availability of more than one such accounts in the Registry for a particular financial year.

The matter has been examined in the Ministry in detail and it has been concluded that keeping in view the provisions of section 220 of the Act read with Ministry’s General Circular 1/2003, a company cannot lay more than one set of annual accounts for a particular financial year unless it has reopened/revised such annual accounts after their adoption in the Annual General Meeting on the grounds specified in Ministry’s circular Number 1/2003.

Accordingly, it is hereby directed that ROCs should keep a watch on such kinds of repeat filings of annual accounts and such accounts should not be accepted except in accordance with provisions of section 220 read with Ministry’s General Circular 1/2003.

Tax collection targets for the current financial year increased;

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Finance Minister Shri Pranab Mukherjee has said that the targets for direct and indirect tax collections are being raised for this financial year. He said that direct tax collection target is to be increased to 4% and indirect tax collection target will be raised to 6%. The Finance Minister was addressing the review meeting of Central Board of Direct taxes (CBDT) and Central Board of Exise and Customs (CBEC) in Chennai today.


The Finance Minister asked officials to focus on increasing service tax collection. He pointed out that while the services sector has grown enormously, the rise in service tax collection was not commensurate.


Shri Pranab Mukherjee also said that for ensuring a high rate of economic growth it was necessary to roll out the Goods and Services tax (GST) regime. He assured everyone that all steps will be taken to resolve the hurdles in the implementation of GST.

Besides high officials of both the boards, Minister of State for Finance Shri S S Palnimanickam, Revenue Secreatry Shri Sunil Mitra, Chairman CBDT Shri Sudhir Chandra and Chairman, CBEC Shri Dutt Majumdar took part in the review meeting.

Saturday, January 22, 2011

Clarification on submission of Audit report under Regulation 55A of SEBI (Depositories and Participants) Regulations, 1996

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1.Please refer to regulation 55A of the SEBI (Depositories and Participants) Regulations, 1996, the Circular No. D&CC/FITTC/CIR-16/2002 dated December 31, 2002 and the Circular No. SEBI/MRD/Policy/Cir-13/2004 dated March 3, 2004.


2. The aforementioned regulation and circulars necessitate every issuer to submit audit report on a quarterly basis to the stock exchanges audited by a qualified chartered accountant or a practicing company secretary, for the purpose of reconciliation of share capital held in depositories and in physical form with the issued / listed capital.


3. SEBI has received representations for changing the term ‘Secretarial Audit’ as it encompasses a wider area pertaining to examination of corporate and secretarial records of the company and cannot be restricted to merely audit for reconciliation of share capital.


4. Upon examination, it has been decided to modify the terminology ‘Secretarial Audit’ as mentioned in the circular No. D&CC/FITTC/Cir-16/2002 dated December 31, 2002 to ‘Reconciliation of Share Capital Audit’. SEBI Circular No. D&CC/FITTC/Cir-16/2002 dated December 31, 2002 stands amended to the extent as above.


5. The Stock Exchanges are advised to:

5.1. make necessary amendments, if required, to the relevant bye-laws/rules and regulations/circulars for the implementation of the above decision immediately.

5.2. bring the provisions of this circular to the notice of the Issuers of the Exchange and also to disseminate the same on the website.


6. The Depositories are advised to:

6.1 make necessary amendments, if required, to the relevant byelaws/rules and regulations/circulars for the implementation of the above decision immediately.

6.2 bring the provisions of this circular to the notice of the Registrar and Share Transfer Agents and also to disseminate the same on the website.


7. This circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992 read with Section 19 of the Depositories Act, 1996 to protect the interests of investors in securities and to promote the development of, and to regulate the securities market

Sunday, January 16, 2011

FAQ on Payment of Tax

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What are the new challans for the payment of Direct Taxes?

The following new single copy challans have been introduced with effect from July 2005:

Sr. No.

Challan No.

Description

Type Of Payment

1.

ITNS 280

for payment of Income Tax and Corporation Tax

· Advance Tax

· Surtax

· Self Assessment Tax

· Tax On Distributed Profits Of Domestic Companies

· Tax On Regular Assessment

· Tax On Distributed Income To Unit Holders

2.

ITNS 281

for depositing Tax Deducted at Source/Tax Collected at Source (TDS/TCS) from corporates or non-corporates

· TDS/TCS Payable By The Taxpayer

· TDS/TCS Regular Assessment (Raised By IT Department)

3.

ITNS 282

for payment of Securities Transaction Tax, Hotel Receipts Tax, Estate Duty, Wealth Tax, Gift Tax, Expenditure Tax and Other direct taxes

· Advance Tax

· Tax On Regular Assessment

· Self Assessment Tax



Each challan has a taxpayer counterfoil at the bottom which will be returned to you by the bank after duly stamping it with a Challan Identification Number (CIN).

Where can one obtain these Challans?

Soft copies of these challans are available at NSDL-TIN website and Income Tax Department website. Challans are also available at the local Income tax offices and with private vendors.

How does the new system benefit me, a common tax payer?

The new system is of great benefit to the common tax payer. Now a single simplified challan has to be filled up replacing the complicated four-copy challan. This challan can be filled up much faster. Secondly, it will be possible to obtain an acknowledgement for taxes paid at your own bank branch immediately. Further, once you have the acknowledgement counterfoil with the rubber stamp containing the Challan Identification Number (CIN) and you have filled in your PAN correctly, you are assured that the payment will be properly accounted for in your name. Lastly, you will no longer need to attach copies/ acknowledgement of challan with your return. Simply mention the CIN details in the income-tax return. This will also assist you in e-filing your return.

Can I pay taxes using the old challan?

No

What is the new procedure for payment of direct taxes at banks?

If you are paying taxes in cash at any designated bank branch or by cheque at the bank branch where you have a bank account, the bank will accept your cash/cheque and will immediately stamp the counterfoil of the challan with a rubber stamp containing the CIN.
If however, you are paying taxes by cheque/draft at a bank branch other than where you have a bank account, the collecting bank branch will accept your cheque/draft and issue you a paper token in acknowledgement. When you present this token after encashment of the cheque, the bank will hand over the acknowledgement counterfoil duly stamped with the CIN.

What is Challan Identification Number (CIN) and what is its relevance?

Challan Identification Number (CIN) has three parts:

§ Seven digit BSR code of the bank branch where tax is deposited

§ Date of Deposit (DD/MM/YY) of tax

§ Serial Number of Challan

CIN is stamped on the acknowledgement receipt to uniquely identify the tax payment. CIN has to be quoted in the return of income as a proof of payment. CIN is also to be quoted in any further enquiry. Therefore, you must ensure that CIN (comprising the above three parts) is stamped on the Challan by the bank. If not, immediately contact the bank manager and insist on CIN.

The Reserve Bank of India has already passed an order dated April 1, 2004 making it compulsory for all tax collecting branches of banks to use a rubber stamp acknowledgement that carries CIN. A separate CIN is given for each challan deposited. If the Bank Manager is unable to resolve the issue, you should address your grievance to the Bank's Regional Manager and the Regional Office of Reserve Bank of India for redressal.

How will the acknowledgement stamp bearing the CIN look like?

The Acknowledgement stamp of the bank will contain the following information:

§ Bank Branch Name

§ BSR (7 digit)

§ Deposit Date (DDMMYY)

§ Serial No.

Do I have to attach the acknowledgement counterfoil with my return?

No, it will be considered sufficient proof if you quote your Challan Identification Number (CIN) (as mentioned in your counterfoil) in your return. The Income-tax return forms have been suitably modified.

What should I do if I have misplaced my acknowledgement counterfoil?

Kindly approach the bank where you have deposited the tax and request them to issue you a certificate which contains your payment particulars including CIN.

What would happen if I loose the paper token issued by the bank?

Each bank follows its own procedure so you may contact the branch manager of the bank.

I am an individual and have to pay self assessment tax (income tax) before filing my return of income. Which challan should I use?

You should use Challan ITNS No. 280 and tick the box 0021 Income-tax. As you are paying self assessment tax, you should further tick the Self Assessment Tax (300) under Type of Payment.

We are a corporate and have to pay Advance Tax for Assessment Year 2005-06. Which challan should we use?

You should use Challan ITNS 280 and tick the tax 0020 Corporation Tax. As you are paying Advance tax for the Assessment year 2005-06, write this in the space provided in the challan and then tick the box Advance Tax (100) under Type of Payment.

We are a partnership firm and have to deposit tax deducted from a corporate. Which challan should we use?

You should use Challan ITNS No. 281 and tick tax '(0020) companies' as the status of the deductee is a company.

We are a company XYZ Ltd. and have deducted tax source for both companies and non-companies on 'Interest other than interest on securities'. Which challan should we use to deposit the tax?

You will have to use two separate challans. You should use Challan No. 281 and tick box (0020) in respect of tax deducted at source from companies. You should use a separate Challan No. 281 and tick box (0021) in respect of tax deducted at source from non-companies.
As in both cases, tax deposited relates to TDS on 'Interest other than interest on securities', you should fill up code No. 94A in the 'Nature of Payment' field in the challan. The codes for 'Nature of Payment' are mentioned behind the challan.

We have to deposit taxes on account of TDS on salaries of our employees as well as TDS on interest paid to fixed deposit holders who are individuals and other corporates. Can we combine the three payments in one challan?

No, you will have to use three separate challans.
The TDS on salaries of employees will have to be deposited with Challan No. ITNS 281 by ticking the box '0021 non-companies' as the TDS pertains to individuals (non-companies). The code 92B will have to be filled up under 'Nature of Payment'. (Codes for 'Nature of Payment' are mentioned behind the challan.)
In respect of interest paid to fixed deposit holders, you will have to first of all segregate the interest payable/paid to companies (Corporates) and non-companies.

§ For the portion of TDS pertaining to companies, fill up Challan No ITNS 281 and tick box '0020 companies' as the TDS pertains to companies.

§ For the portion of TDS relating to non-companies, fill up a separate Challan No. ITNS No. 281 and tick box '0021 non-companies' as TDS pertains to non-companies.

§ Fill up the 'Nature of Payment' as per codes given behind Challan No. ITNS 281. In this case also the code will be 94A.

Please ensure that the bank branch gives you separate acknowledgements with separate Challan Identification Number (CIN) for the three challans deposited by you.

If I have to deposit fees for filing appeal, what should I do?

In case you have to deposit appellate fees, copying charges or other miscellaneous payments, tick box 0020, thereafter tick box '400 Regular Tax' under 'Type of Payment' and fill up the amount to be paid in 'Others' column under 'Details of Payment'. In case of non-corporates such as individuals, partnership firms, societies etc. the same procedure is to be followed except that the box 0021 should be ticked at the top of the challan instead of 0020.

After depositing my tax at the bank, I have noticed that I have mentioned the Assessment Year/Minor Head incorrectly in my challan. Whom do I approach to have this corrected?

You should approach your Assessing Officer with an application containing the details of your PAN and the CIN and request him to carry out the necessary corrections.

After depositing the tax at the bank, I have noticed that I have mentioned wrong PAN, or I have received my PAN after making the challan payment. How do I get this incorporated in my challan information?

You should approach your Assessing Officer with an application containing the details of correct PAN and CIN and request him to make the necessary correction.

Is it possible for us to deposit many challans with a single cheque?

No, you should deposit separate cheques for each challan.

Which are the banks where direct taxes can be paid?

As on date, 32 banks and the Reserve Bank of India (RBI) at 8 centres are collecting taxes through their authorised branches. To check the nearest authorised bank branch, you may contact the bank manager of your bank who will be able to guide you. This information can also be obtained from NSDL-TIN website and the Income Tax Department website.

Can I make income tax payment using the internet?

You can make income tax payment through the internet. This facility is called e-Tax payment. Details of the same are available at NSDL-TIN website and the Income Tax Department website.

What is e-payment of taxes?

This is a facility provided to the taxpayers to make income tax payments through internet, using net-banking facility.

How can I use this facility to pay income tax?

You can use the facility if -
a) You have a bank account with net-banking facility, and
b) Your bank is amongst the banks that provide the e- payment facility.

Whether it is mandatory to pay tax online?

It is mandatory for the following types of assesses to pay tax online with effect from April 1,2008.
a) All the corporate assesses.
b) All assesses (other than company) to whom provisions of section 44AB of the Income Tax Act, 1961 are applicable.

Whether it is mandatory to make the TDS/TCS payment (Challan 281) online?

Yes, it is mandatory for below Assessee to make the TDS/TCS payment online
a) All the corporate assesses.
b) All assesses (other than company) to whom provisions of section 44AB of the Income Tax Act, 1961 are applicable.

How do I know whether my bank provide this facility?

The list of banks providing this facility is available on NSDL-TIN website. Alternatively you may get the information from your bank.

What should I do if my bank does not have an online payment facility or is not an authorized bank for etax ?

In case your bank doesnot have an online payment facility or is not an authorized bank then you can make electronic payment of tax from the account of any other person who has an account with the authorized bank having online facility. However, the challan for making such payment must clearly indicate your Permanent Account Number (PAN).

What is the procedure for entering the required data on the screen for paying tax online?

Follow the steps as under to pay tax online:-

Step 1
a) Log on to NSDL-TIN website (www.tin-nsdl.com).
b) Click on the icon e-payment: pay taxes online.
c) Click on ‘Please Click Here’.
d) Select the required challan.

Step 2
After selecting the required challan, you will be directed to the screen for entering the following data:-
a) PAN for non-TDS payments and TAN for TDS payments
b) Name and address of the taxpayer
c) Assessment Year
d) Major Head Code
e) Minor Head Code
f) Type of payment
g) Select the bank name from the drop down provided

In case of challan no. 280, 282 and 283 the Permanent Account Number (PAN) needs to be entered. In case of challan no. 281 Tax Deduction/Collection Account Number (TAN) needs to be entered. Please ensure that you enter PAN/TAN correctly, as this is extremely important for further processing. The system will check the validity of PAN/TAN. In case PAN/TAN is not available in the database of the Income Tax Department then you cannot proceed with the payment of tax.

Step 3
After entering all the above detail, click on PROCEED button. TIN system will display the contents you have entered along with the “Name” appearing in the ITD database with respect the PAN/TAN entered by you.

Step 4
You can now verify the details entered by you. In case you have made a mistake in data entry, click on “EDIT” to correct the same. If all the detail and name as per ITD is correct, click on “SUBMIT” button. You will be directed to the net-banking site provided by your bank.

What is the procedure after being directed to the net banking site of the bank?

TIN system will direct you to net-banking facility of your bank. You will have to log on to the net banking site of your bank using your login ID and password/PIN provided by the bank. The particulars entered by you at TIN website will be displayed again.
You will now be required to enter the amount of tax you intend to pay and also select your bank account number from where you intend to pay the tax. After verifying the correctness, you can proceed with confirming the payment.

What will happen after I confirm the payment of tax at my bank’s site?

Your bank will process the transaction online by debiting the bank account indicated by you and generate a printable acknowledgment indicating the Challan Identification Number (CIN). You can verify the status of the challan in the “Challan Status Inquiry” at NSDL-TIN website using CIN after a week, after making payment.

How can I know that I have completed tax payment using this facility?

Apart from CIN given to you, you can check your online bank statement to verify the tax payment.

Do I have to attach the acknowledgment counterfoil with my return?

No, it will be considered sufficient proof if you quote your Challan Identification Number (CIN) as mentioned in your counterfoil in your return.

What is the timing for making payment through internet?

You will have to check the net-banking webpage of your bank’s website for this information.

If I encounter any problem while making payment through internet whom should I contact?

If any problem encountered at the NSDL website while entering non-financial data then contact the TIN Call Center at 020-2721 8080. or write to us at e-tax@nsdl.co.in

If any problem encountered while entering the financial details at the net-banking webpage of your bank, then you should contact your bank for assistance.

Where should I make enquiries about my tax payments through internet?

You should contact your bank for queries about your payment transaction through internet.

Whom should I contact if the counterfoil containing the CIN is not displayed on completion of the transaction and if I want duplicate counterfoil?

Your Bank provides facility for re-generation of electronic challan counterfoil kindly check the Bank website, if not then you should contact your bank request them for duplicate challan counterfoil.

If I have misplaced my counterfoil whom do I contact?

Your Bank provides facility for re-generation of electronic challan counterfoil kindly check the Bank website; if not then you should contact your bank and request them for duplicate challan counterfoil.

After making e-payment of direct tax if status of challan is not available under Challan Status Enquiry on NSDL site, what should I do?

You can verify the status of the challan in the “Challan Status Inquiry” at NSDL-TIN website after 5 to 7 days of making e-payment. In case of non availability of the challan status kindly contact your bank..

If I encountered any error on NSDL site while making e-tax payment what should I do?

If encountered any error on e-tax website kindly contact TIN call centre at 020-2721 8080 or write to us at e-tax@nsdl.co.in

If after entering challan details in NSDL site if Bank Name is not being displayed what should I do?

The problem may be encountered because of the following:

Reason 1: If Assessee enters incorrect TAN / PAN in challan data entry screen.
Reason 2: If Assessee using Internet Explorer browser then temporary internet files should be deleted by following:

A. Open Internet Explorer window
B. Go to “Tools” Menu
C. Select “Internet Options”
D. Delete cookies and Delete temporary Internet files on your machine
E. Close the current Internet Explorer windows
F. Again go to tin-nsdl site & make e-payment

If still above raised problem not resolved then kindly contact the TIN Call Center at 020-2721 8080 or write to us at e-tax@nsdl.co.in

Account get debited more than once for the same e-tax transaction what should I do?

If during the transaction or after completing the transaction bank site encountered any error or get disconnected before generating Taxpayer counterfoil then instead of doing the same transaction again kindly check your Account, if account is being debited then contact your bank for regeneration of taxpayer counterfoil . Please note in the above case donot make the same transaction again which result in account debited more than once for same e-tax transaction.

How secure is the transmission of data to the website for e- payment?

All transmission through NSDL-TIN website is encrypted and is with Secure Socket Layer (SSL) authentication. With respect to the banks, it depends on the security measures provided by the bank for net-banking.

How does this system of payment of taxes through internet benefit me as a taxpayer?

This system is beneficial to you as you are not required to personally visit the bank to make the payments. Payment can be made electronically at your convenience from any place where an internet facility is available e.g. your office, residence, etc. Further, you get the Challan Identification Number (CIN) online, which is required by you when you file your return.

HRA HOUSE RENT ALLOWANCE

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All salaried people love to have in their salary slip. Most of salaried people will claim 100% of HRA as exemption in Form 16 J.

HRA is one area where even ITO is more interested to know during scrutiny (Read Myths about HRA). His first question in Income Tax Scrutiny is Are you claiming HRA in Form 16? The First document that ITO wants to see after Form 16 is Payment proof of Rent claimed for HRA exemption.

This is one area where people get caught & ITO may disallow HRA exemptions & thereby will increase taxable Income. This increase will make tax payer to pay tax on that increased Income & to pay interest on that.

6 Myths about HRA (wrong knowledge on HRA)

1. HRA is automatic exemption from Salary

2. Full HRA is exempt from tax

3. HRA does not need any proof of payment

4. ITO will not ask any proof on HRA Claim if it appears in Form 16

5. HRA & Housing Loan are mutually exclusive

6. Rent paid to relatives are not eligible for claiming HRA exemption

This article aims at enlightening the people more on HRA so that they can get the insight on rules & regulations of HRA. This article also helps assessee to avoid tough time at the time of Scrutiny assessment if they get selected. This also aims to prepare assessee to have proofs related to this exemption.

1) Section 10(13A) HRA section is as follows

Any special allowance specifically granted to an assessee by his employer to meet expenditure actually incurred on payment of rent (by whatever name called) in respect of residential accommodation occupied by the assessee, to such extent as may be prescribed having regard to the area or place in which such accommodation is situate and other relevant considerations

Explanation: For the removal of doubts, it is hereby declared that nothing contained in this clause shall apply in a case where

(a) the residential accommodation occupied by the assessee is owned by him; or

(b) the assessee has not actually incurred expenditure on payment of rent (by whatever name called) in respect of the residential accommodation occupied by him.

2) Rule 2A as per Income Tax Rules (Limits for the purposes of section 10(13A)).

Lowest is allowed as exemption:

a) Actual HRA received,

b) Actual Rent Paid -10% of your basic salary.

c) 40% or 50% of Basic

3) Other points about HRA

A. Payment of Proof is must: Rent agreement is not a proof of payment. Rent receipt is must or payment through cheque on record is must to claim the HRA exemption.

B. Sharing is allowed: Both Husband & Wife can claim HRA exemption subject to that rent is shared/paid. They can claim exemption up to the share of rent paid actually by each of them.

C. No Notional Payment: The assessee needs to pay rent actually, not notionally. He can claim HRA exemption if he is paying rent to his mother or any relative (owner of the house) for the house where he resides.

D. Not for Family: The assessee cannot claim HRA exemption for the house where his parents are residing. HRA is allowance for the assessee & not for family. He can reside with family, but family cannot reside separately to claim HRA exemption.

E. Monthly Basis: HRA exemption is calculated on monthly basis rather on yearly basis. Assessee can claim HRA exemption for the part of the year too.

4) Penal Interest provisions for wrong claim of HRA

If assessee fails to provide proof of Rent payment during Income Tax assessment, then he may end up paying huge interest as mentioned below along with tax on the Increased Income because of disallowance of HRA exemption..


SI

Section

Details of interest

1

Sec 234A

1 % per month of Tax payable amount from due date of filing

2

Sec 234C

3.7% on Tax Payable amount

3

Sec 234B

1 % per month of Tax payable amount if it exceeds Rs. 10,000 from due date of filing

5) Impact of disallowance of HRA exemption by ITO during Scrutiny:

Disallowance of HRA exemption will impact more on assessee. This impact varies from person to person.

Eg: HRA exempted is Rs. 5,000 per month & Whole Year 12 months * Rs. 5,000= Rs. 60,000. If assessee fails to provide proof of rent payment, then impact is as below

AY 2009-10

SI

Particulars

10%

20%

30%

1

HRA Disallowed

60,000.00

60,000.00

60,000.00

2

Tax on HRA disallowed

6,000.00

12,000.00

18,000.00

3

Cess

180.00

360.00

540.00

4

Total Tax Payable

6,180.00

12,360.00

18,540.00

5

234A Interest

1,037.00

2,091.00

3,145.00

6

234B Interest

1,281.00

2,583.00

3,885.00

7

234C Interest

226.00

456.00

683.00

8

Total Interest

2,544.00

5,130.00

7,713.00

9

Total Outflow

8,724.00

17,490.00

26,253.00

Calculation of Interest is as on 28th December 2010

Conclusion: Form 16 is not final. ITO has power to question & ask for proof for any exemptions or benefits claimed in this TDS certificate. Form 16 is just a proof for Salary received & Tax deducted (TDS) by employer during that financial year. It is always safe to have documentation & proof for all exemptions & benefits claimed even in Form 16.

Last but not the least, there is no relation between HRA claim & Housing loan. Assessee can claim both benefits subject to few conditions.