Saturday 25 March 2017

Finance Bill 2017 after few amendments



Lok sabha has passed the Finance Bill 2017 after few amendments ,Major amendment are summarised as under 

1. Aadhaar is mandatory for PAN and Income tax return and later on Aadhaar might become the sole identity card in the future, finance minister Arun Jaitley said in Parliament on Wednesday, a move that could possibly replace PAN, voter and ration cards.

2.Second is Cash transaction limit has been reduced to 2 lakh from three lakh earlier and No need to deduct TCS on cash transactions over Rs 2 lakh.

3.Companies can only give donations through account payee cheque/online transfer or new instrument issued by Banks (yet to be announced).Further companies are required to give disclosure about donations to political parties in Financial report.

4.Tribunals and various acts has been merged and number of the Tribunals has been reduced.

Text of relevant clause is given as under

Clause of Finance Bill 2017 :56. After section 139A of the Income-tax Act, the following section shall be inserted, namely:—

139AA. ( 1) Every person who is eligible to obtain Aadhaar number shall, on or after the 1st day of July, 2017, quote Aadhaar number—

(i) in the application form for allotment of permanent account number;
(ii) in the return of income:Provided that where the person does not possess the Aadhaar Number, the Enrolment ID of Aadhaar application form issued to him at the time of enrolment shall be quoted in the application for permanent account number or, as the case may be, in the return of income furnished by him.

(2) Every person who has been allotted permanent account number as on the 1st day of July, 2017, and who is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to such authority in such form and manner as may be prescribed, on or before a date to be notified by the Central Government in the Official Gazette: 

Provided that in case of failure to intimate the Aadhaar number, the permanent account number allotted to the person shall be deemed to be invalid and the other provisions of this Act shall apply, as if the person had not applied for allotment of permanent account number.

(3) The provisions of this section shall not apply to such person or class or classes of persons or any State or part of any State, as may be notified by the Central Government in this behalf, in the Official Gazette.
Explanation.—For the purposes of this section, the expressions—
  • (i) "Aadhaar number", "Enrolment" and "resident" shall have the same meanings respectively assigned to them in clauses (a), (m) and (v) of section 2 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016;
  • (ii) "Enrolment ID" means a 28 digit Enrolment Identification Number issued to a resident at the time of enrolment .'.

Sunday 19 March 2017

Restrictions on cash transactions



Here is the brief on amendments relating to cash transactions which will take effect from 1st April 2017.

♦ Restrictions on cash transactions above Rs. 3,00,000/-
From 1st April onward any transaction (including transactions for capital assets) above Rs. 3,00,000/- shall be strictly done only through banking channels.
The penalty for transaction above Rs. 3,00,000/- is equivalent to amount of transaction.
For Eg. – If you sell your car for Rs. 5,00,000/- and take the whole amount in cash. Penalty of Rs. 5,00,000 will be levied.
Note that penalty is imposed on receiver of cash.

♦  Restriction on cash donations to charitable trusts.
Deduction at the rate of 50% is granted in case donation is made to a registered charitable or religious trust.
From 1st April, any donation above Rs. 2,000/- in cash will not be eligible for tax deduction under Sec 80G of the income tax act. Earlier this limit was of Rs. 20,000/-
Hence, if you want to make any donations and take income tax benefit of the same you have to ensure that you make such donations through banking channels

♦ Restriction on cash expenses above Rs. 10,000/-
Any expense of above Rs. 10,000/- done in cash will be disallowed. Earlier, this limit was of Rs. 20,000/-.

♦ Restriction on Capital Expenditure done in cash
From 1st April onwards, Cash payments of above Rs. 10,000/- done for purchase of capital asset will be disallowed. I.e. they cannot be added in the cost of asset for Income Tax purposes hence, depreciation cannot be claimed on same.
You will have to ensure that payment for purchase of any capital asset of more than Rs. 10,000/- shall be done only through banking channels.

♦ Cash Books during assessment-
Further, considering the fact that government wants to discourage cash transactions it is likely that cash transactions will be looked upon in detail.
Hence, one is expected to maintain proper cash books.

Amendment in Service Tax Exemption to Educational Institutions

Government has revised Clause 9 Related to Service Tax Exemption vide Notification No. 10/2017-Service Tax, dated 08.03.2017 and revised Exemption Clause 9 is as follows :-

9. Services provided,-
(a) By an educational institution to its student, faculty and staff;
(b) To an educational institution, by way of,-
(i) Transportation of student, faculty and staff;
(ii) catering, including any mid-day meals scheme sponsored by the Government;
(iii) security or cleaning or house-keeping services performed in such educational institution;
(iv) services relating to admission to, or conduct of examination by, such institution;
**“Provided that nothing contained in clause (b) of this entry shall apply to an educational institution other than an institution providing services by way of pre-school education and education up to higher secondary school or equivalent;”.
** Inserted vide Notification No. 10/2017-Service Tax, dated 08.03.2017

Comment: Transportation, Catering, Security, Conduct of exam etc. Services provided to Educational Institutions providing education as a part of a curriculum for obtaining a qualification recognized by any law for the time being in force and education as a part of an approved vocational education course will not be eligible for exemptions provided under clause 9(b) of Mega Exemption Notification.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 10/2017-Service Tax,
New Delhi, the 8th March, 2017

GSR (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 25/2012- Service Tax, dated the 20th June, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 467 (E), dated the 20th June, 2012, namely:-

In the said notification, in the opening paragraph, in entry 9, in clause (b), after sub-clause (iv), the following proviso shall be inserted, namely:-

“Provided that nothing contained in clause (b) of this entry shall apply to an educational institution other than an institution providing services by way of pre-school education and education up to higher secondary school or equivalent;”.
2. This notification shall come into force on the 1st day of April, 2017.

[F. No.334/7/2017 -TRU]
(Anurag Sehgal)
Under Secretary to the Government of India

Note:-The principal notification was published in the Gazette of India, Extraordinary vide notification No. 25/2012 – Service Tax, dated the 20th June, 2012 vide number G.S.R. 467 (E), dated the 20th June, 2012 and last amended vide notification No. 7/2017 – Service Tax, dated the 2nd February, 2017 vide number G.S.R. 100(E), dated the 2nd February, 2017.

Sunday 12 March 2017

GST Registration/Migration Process For Existing Taxpayers (Service Tax, Excise and VAT)



Enrolment Requirement For Existing Assessees : Why to Enroll on GST Portal

All existing taxpayers registered under the Central Excise, Service Tax, State Sales Tax or Value Added Tax (VAT), Entry Tax, Luxury Tax and Entertainment Tax are required to provide their details at GST Common Portal (gst.gov.in) managed by GSTN for the purpose of migrating themselves to the GST regime.
  • To begin with, the taxpayers registered under the State Vat Department needs to provide their details.
  • Service Tax and Excise Taxpayers (not registered with VAT) can migrate to GST till 31st January 2017.
  • Once the taxpayers provide their details there will be no need for them to register again with the State or Center once the GST Act is implemented.

Existing Assessee: How to Enroll with GST Common Portal

GST Enrollment Schedule For Existing Service Tax, VAT and Excise Taxpayers

The schedule for enrolment on GST portal for different states is given below. If you are existing Service Tax. Excise or VAT assessee, then you can register during these specified dates. However, the registration will be open till 31/01/2017 for those who miss the chance:
States
Start Date
End Date
VAT – Puducherry, Sikkim
08/11/2016
23/11/2016
VAT – Maharashtra, Goa, Daman and Diu, Dadra and Nagar Haveli, Chhattisgarh
14/11/2016
30/11/2016
VAT – Gujarat
15/11/2016
30/11/2016
VAT – Odisha, Jharkhand, Bihar, West Bengal, Madhya Pradesh, Assam, Tripura, Meghalaya, Nagaland, Arunachal Pradesh, Manipur, Mizoram
30/11/2016
15/12/2016
VAT- Uttar Pradesh, Jammu and Kashmir, Delhi, Chandigarh, Haryana, Punjab, Uttarakhand, Himachal Pradesh, Rajasthan
16/12/2016
31/12/2016
VAT- Kerala, Tamil Nadu, Karnataka, Telangana, Andhra Pradesh
01/01/2017
15/01/2017
Enrolment of Taxpayers who are registered under Central Excise Act/ Service Tax Act but not registered under State VAT
01/01/2017
31/01/2017
Delta All Registrants (All Groups)
01/02/2017
20/03/2017

Enrolment Process for Taxpayer already registered with the Service Tax, State VAT department and Excise 

Step 1: Get Provisional ID and Password From Service Tax Department or State VAT Department
The respective State VAT/Service Tax department will be communicating the Provisional ID and Password to the respective registered taxpayers. Taxpayers registered with service tax/excise but not registered with VAT can get thier provisional ID and password by signing in to ACES.GOV.IN website.
VAT registered assessee can get their provisional ID and password from State VAT department website by signing in to the VAT portal

Format of GST Enrolment Provisional ID


Note: In case you are a registered taxpayer with Service Tax/Excise/State VAT Department and you have not received the provisional ID and password, contact your Service Tax/Excise/State VAT Department.

Information Required for Registration With The GST Portal

Before enrolling with the GST Portal, you must ensure to have the following information:
  • Provisional ID received from State/ Central Authorities
  • Password received from the State/ Central Authorities
  • Valid E-mail Address
  • Valid Mobile Number
  • Bank Account Number
  • Bank IFSC

Step 2: Go To GST.GOV.IN and Create Unique User Name and Password

 

Access the GST Common Portal (gst.gov.in). Create your unique the user-name and new password using the provisional ID and password communicated to you.

Step 3: Login 

Login to the GST Common Portal with your newly created the user-name and password

Step 4: Fill Enrolment Application

Fill the enrolment application and provide the business details. Don’t miss any mandatory filed.

Step 5: Verify already available details

Verify the details in the enrolment application that are already available and auto populated from the State Vat system.

Step 6: Sign Application Electronically – Digital Signature or E-Sign

Sign the enrollment application electronically by affixing your digital signature certificate (DSC) or E-sign. In case of E-sign, the Aadhar Number of authorised signatory is mandatory.

Mandatory Requirement of Digital Signature Certificate

– Company
– Limited Liability Partnership (LLP)

Step 7: Attach Documents and Submit Application

Submit the Enrolment Application along with necessary attachments (documents) as specified.

Documents To Be Uploaded on GST Portal

S.No.
Documents
File Size Format
Maximum Allowable Size
1.
Proof of Constitution of Business
  • In case of Partnership firm: Partnership Deed of Partnership Firm (PDF and JPEG format in maximum size of 1 MB)
  • In case of Others: Registration Certificate of the Business Entity
PDF or JPEG
1 MB
2.
Photograph of Promoters/ Partners/ Karta of HUF
JPEG
100 KB
3.
Proof of Appointment of Authorized Signatory
PDF or JPEG
1 MB
4.
Photograph of Authorized Signatory
JPEG
100 KB
5.
Opening page of Bank Passbook/ Statement containing Bank Account Number of < Account Number>, Address of Branch,
Address of Account holder and few transaction details
PDF and JPEG
1 MB


Step 8: Verification

Once the application is submitted, the details will be verified by the GST system

Step 9: Issuance of Application Reference Number (ARN)

If details are satisfactory, an Application Reference Number (ARN) will be issued and the status of Provisional ID will be changed to “Migrated” till appointed date (i.e. the date of implementation of the GST Act).

Step 10: On GST Implementation – Issuance of Registration Certificate 

On the implementation date of the GST (i.e. appointed date), the provisional ID status will be changed to “Active” and a provisional Registration Certificate will be issued to every registered taxpayer. Thereafter you will be able to utilize the services available at GST Common Portal like filing of GST Returns, GST Payment etc.

Important FAQs Related to GST Enrolment 

1. Who can be the primary Authorized Signatory?

A primary Authorized Signatory is the person who is primarily responsible to perform action at the GST Common Portal on behalf of the taxpayer. All communication from the GST Common Portal relating to taxpayer will be sent to the primary Authorized Signatory.
Type of Business
Who can be the Authorized Signatory?
Proprietor
 The proprietor or any person authorized  by the proprietor
Partnership
 Any authorized  partner or any person authorized  by the partners
Company, LLP, Society or Trust
 The person authorized by Board or Governing Body. can act as Primary Authorized Signatory
In case there is a single Authorized Signatory for a business entity, the single Authorized Signatory will be assumed to be the primary Authorized Signatory.
 In case there are multiple Authorized Signatories for a single business entity, one Authorized Signatory need to be designated as primary Authorized Signatory. The e-mail address and mobile number of the Authorized Signatory needs to be provided during enrolment.
 Note: The Authorized Signatory or Primary Authorized cannot be Minor in age.

2. Which details are prefilled in the Enrolment Application? Can I make changes in my Legal Name, State Name and PAN in the Enrolment Application?

Following details are auto-populated from the VAT database in the Enrolment Application:
  • PAN of the Business
  • Legal Name of Business
  • Name of the State
  • Reason of liability to obtain registration

You cannot make changes to any of these fields as appearing in the Enrolment Application.

3. What is Principal Place of Business and Additional Place of Business?

Principal Place of Business is the primary location within the State where a taxpayer’s business is performed. The principal place of business is generally the address where the business’s books of accounts and records are kept and is often where the head of the firm or at least top management is located.
Additional Place of business is the place of business where taxpayer carries out business related activities within the State, in addition to the Principal Place of Business.

4. What is HSN and SAC code?

HSN stands for Harmonized System of Nomenclature which is internationally accepted product coding system used to maintain uniformity in classification of goods.
SAC stands for Service Accounting Codes which are adopted by the Central Board of Excise and Customs (CBEC) for identification of the services.

5. Which bank account should I provide in the Enrolment Application? I have more than one bank account. Can I add all of them while enrolling with GST Common Portal?

Enter the details of the bank accounts used for the purpose of carrying out business transactions in the Enrolment Application while enrolling with the GST Common Portal.
You can add up to 10 bank accounts while enrolling with GST Common Portal in the Enrolment Application.

6. Can I submit my Enrolment Application at GST Common Portal without electronically signing the application with DSC or E-sign?

Yes, you can submit the Enrolment Application at GST Common Portal without electronically signing it but you need to sign the application at a later date within the time allowed under the GST Act. Only signed Enrolment Applications shall be considered for issue of Final Registration Certificate. You can view the submitted application after login by accessing “My Saved Applications” at the GST Common Portal.

7. Is electronically signing the Enrolment Application using the DSC mandatory for enrolment?

Electronically signing the Enrolment Application using DSC is mandatory for enrolment by Companies, Foreign Companies, Limited Liability Partnership (LLPs) and Foreign Limited Liability Partnership (FLLPs).
For other taxpayers, electronically signing using DSC is optional.

8. My DSC is not registered with the GST Common Portal? Will I be able to submit my Enrolment Application with my DSC? How can I register my DSC with the GST Common Portal?

You cannot submit the Enrolment Application if your DSC is not registered with the GST Common Portal. Therefore, you need to register your DSC at the GST Common Portal by clicking the Register DSC menu.
During registration of DSC with the GST Common Portal, the PAN of the DSC holder will be matched with the PAN database of the CBDT. After validation you need to select the certificate that you need to register.
Note: Only Class -2 or Class 3 DSC can be registered at the GST Common Portal.

9. What is E-Sign? How does it work?

E-Sign stands for Electronic Signature. E-Sign is an online electronic signature service that allows an Aadhaar holder to digitally sign a document. If the taxpayer opts to electronically sign the Enrollment Application or any other document at the GST Common Portal using the E-Sign service, the following steps are performed:-
1. The taxpayer clicks the E-sign button.
2. The GST Common Portal prompts the taxpayer to enter the Aadhaar number of the Authorized Signatory.
3. After validating the Aadhar Number, the GST Common Portal sends a request to UIDAI system to send an OTP.
4. UIDAI system sends an OTP to e-mail address and mobile number registered against Aadhaar number.
5. The GST System prompts the taxpayer to enter the OTP.
6. The taxpayer enters the OTP and submits the Enrollment Application or the document. The e-Signing process is completed.

11. Is there any charge applicable on submission of the Enrolment Application at the GST Common Portal?

No, there is no charge applicable on submission of the Enrolment Application at the GST Common Portal.

12. What is ARN? What is the format of ARN?

ARN refers to Application Reference Number. It is a unique number assigned to each transaction completed at the GST Common Portal. It will also be generated on submission of the Enrolment Application that is electronically signed using DSC. ARN can be used for future correspondence with GSTN.

13. I have multiple businesses in one state registered using the same PAN. Do I need to enrol each business separately with GST?

As one PAN allows one GST Registration in a State, you may register one business entity first. For the remaining business within the State please get in touch with your Jurisdictional Authority.


Important: Pending for PAN-Aadhaar Linking