Projected first preference votes for Central Council

Here is our projection for 1st Preference votes for Central Council. Please provide your comments below. We will discuss and revise this again till we get actual numbers tomorrow morning.

Please note, this is a projection and not the actual numbers. Counting is yet to start.

Rank	Sr No.	Name	City	Average
1	5	CHHAJED PRAFULLA PREMSUKH	MUMBAI	4450
2	4	CHHAIRA JAY AJIT	SURAT	3250
3	18	TALATI ANIKET SUNIL	AHMEDABAD	3000
4	8	HEGDE NANDKISHORE CHIDAMBER	MUMBAI	2900
5	7	GHIA TARUN JAMNADAS	MUMBAI	2850
6	9	JAMBUSARIA NIHAR NIRANJAN	MUMBAI	2825
7	14	KHANDELWAL PURUSHOTTAMLAL HUKAMICHAND	AHMEDABAD	2800
8	12	KABRA DURGESH KUMAR	MUMBAI	2600
9	13	KHANDELWAL DHEERAJ KUMAR	MUMBAI	2600
10	15	KINARE MANGESH PANDURANG	THANE	2600
11	11	JOSHI SHRINIWAS YESHWANT	MUMBAI	2250
12	3	BHANDARI ANIL SATYANARAYAN	MUMBAI	2175
13	1	ADUKIA RAJKUMAR SATYANARAYAN	MUMBAI	1750
14	6	CHITALE CHANDRASHEKHAR VASANT	PUNE	1500
15	17	SHAH SHRUTI JAYESH	MUMBAI	1400
16	16	PAWAR SANJAY NARAYAN	PUNE	1150
17	2	BANERJEE ROBIN	MUMBAI	1100
18	10	JOSHI SARVESH NANDLAL	PUNE	950

Tune in for the Vote projection..

Shortly we are going to publish the expected votes of first preference. This is purely our estimation. The actual counting for first preference will begin tomorrow morning.

Now Mumbai validation on..

Thane, Vadodara and surat booths validation completed.

Ballots  talled...

Mumbai booths started. Its from  132 to 185 booth numbers...

We are at  booth No.157

Day 2 : validation on..

The validation is on. Surat and Thane being worked upon. Great Mumbai will be the last..

Nothing special till evening.

Validation of valid votes is also on simultaneously..

Keep curiosity on..

You can do a guess work by writing below in comment section who in your view have the best chances of getting through for sure.. in WIRC and in CC..

No prizes for gussess..😀😀

So the counters call the day!!

Yes.. Indeed..

So votes for 117 ballot boxes validated, done and dusted. 

What remains?

68 booths for validation (161 ballot boxes).

Who are left behind for tomorrow?

Surat

Mumbai

Vadodara 

Thane

74 ballot boxes opened so far..

So as expected, process is very slow. Currently team is working on the validation of votes of 74th box. Going alphabetically so it is Nashik, Nagpur and Navi Mumbai polling booths votes are being validated, for votes casted under votes found in the ballot box. Note Mumbai they skipped for now.

There are a large no. of boxes so far. Total 185 polling booths across western region and multiple boxes at many places. Around 120 boxes for Mumbai and that is not even started. So it is going to take time. Expect 80 boxes to be validated in next one hour.

Not many candidates so far on the site. VP Prafulla chhajed and CCM tarun Ghia were seen around.

Quota Projection

Here is the quota projection based on the valid votes:

No. of Valid votes	WIRC	Central Council
42248	1837	3521
41950	1824	3496
41825	1818	3485

Patience is the key..

As you know good things take time.

And so is our ICAI process...

What next?

• Postal ballots will be opened  verified for validity. 
• All the boxes will be opened.
• Votes for each of the polling booth will be verified the ballots found in the box 
• Once it tallies, then all the votes will be segregated for each of the candidates
• Then the first preference count

So hold your horses.. This process is very time consuming, it will take time.
Enjoy your day, no major development going to happen.

Counting Process begins

Around 200 people are on job to get you the fastest results of the counting. Counting is started at ICAI Bandra Kurla Complex in Mumbai..

We are Live with WIRC and CC election 2018 updates

We are Live with WIRC and CC election 2018 updates

Stay Tuned...

Empanel as Concurrent Auditors

BANK OF MAHARASHTRA invites online applications from practicing firms of Chartered Accountants, in the prescribed format, who are willing to have their firms empanelled as Concurrent Auditors of the Bank for specified branches for FY 2018-19

https://goo.gl/at1nCK

*CPE Credit Hours Requirements

CPE credit hours requirements for the members of the Institute for the rolling period of 3 years starting from the Calendar Year 2017 and ending on calendar year 2019 (1-1-2017 to 31.12.2019) [Applicable w.e.f 01.01.2017] 

A. All the members (aged less than 60 years) who are holding Certificate of Practice (except all those members who are residing abroad) are required to: 

(a) Complete at least 120 CPE credit hours in a rolling period of three-years. 

(b) Complete minimum 20 CPE credit hours of structured learning in each calendar year. 

(c) Balance 60 CPE credit hours (minimum 20 CPE credit hours in each calendar year) can be completed either through Structured or Unstructured learning (as per Member’s choice). 

B. All the members (aged less than 60 years) who are not holding Certificate of Practice; and all the members who are residing abroad (whether holding Certificate of Practice or not) are required to: 

(a) Complete at least 60 CPE credit hours either structured or unstructured learning (as per Member’s choice) in rolling period of three-years 

(b) Complete minimum 15 CPE credit hours of either structured or unstructured learning (as per member’s choice) in each calendar year. 

C. All the members (aged 60 years & above) who are holding Certificate of Practice, are required to: 

(a) Complete at least an aggregate of 90 CPE credit hours of either Structured or Unstructured Learning (as per member’s choice) in a rolling period of three years 

(b) Complete minimum of 20 CPE credit hours being an aggregate of either Structured or Unstructured Learning (as per member’s choice) in each calendar year.

27 RETURNS PRESCRIBED UNDER GST;

*_IN TOTAL 27 RETURNS PRESCRIBED UNDER GST; FIND OUT HOW MANY YOU NEED TO FILE_*

_With introduction of Goods and Services Tax in India, compliance for tax payers is set to go up. Service sector will get most effected since under current law, almost every service provider operated under centralised registration scheme wherein 2 returns in a year is all they file. Annual return has been recently added. Manufacturing sector is a compliance heavy industry which files monthly Excise and VAT returns (state specific)._

Under GST, 27 different returns have been prescribed. Details of all the returns to be furnished by registered persons have been enlisted below:

1. *Form GSTR-1* Details of outward supplies of taxable goods and/or services effected.

2. *Form GSTR-1A* Details of outward supplies as added, corrected or deleted by the recipient.

3. *Form GSTR-2* Details of inward supplies of taxable goods and/or services claiming input tax credit.

4. *Form GSTR-2A* Details of inward supplies made available to the recipient on the basis of *FORM GSTR-1* furnished by the supplier.

5. *Form GSTR-3* Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax.

6. *Form GSTR-3A* Notice to a registered taxable person who fails to furnish return under section 27 and section 31.

7. *Form GSTR-4* Quarterly Return for compounding Taxable persons.

8. *Form GSTR-4A* Details of inward supplies made available to the recipient registered under composition scheme on the basis of *FORM GSTR-1* furnished by the supplier.

9. *Form GSTR-5* Return for Non-Resident foreign taxable person.

10. *Form GSTR-6* ISD return.

11. *Form GSTR-6A* Details of inward supplies made available to the ISD recipient on the basis of *FORM GSTR-1* furnished by the supplier.

12. *Form GSTR-7* Return for authorities deducting tax at source.

13. *Form GSTR-7A* TDS Certificate.

14. *Form GST-ITC-1* Communication of acceptance, discrepancy or duplication of input tax credit claim.

15. *Form GSTR-8* Details of supplies effected through e-commerce operator and the amount of tax collected as required under sub-section (1) of section 43C.

16. *Form GSTR-9* Annual return.

17. *Form GSTR-9A* Simplified Annual return by Compounding taxable persons registered under section 8.

18. *Form GSTR-9B* Reconciliation Statement.

19. *Form GSTR-10* Final return.

20. *Form GSTR-11* Details of inward supplies to be furnished by a person having UIN.

21. *Form GST-TRP-1* Application for enrolment as Tax return preparer.

22. *Form GST-TRP-2* Enrolment certificate as Tax return preparer.

23. *Form GST-TRP-3* Show cause to as Tax return preparer.

24. *Form GST-TRP-4* Order of cancelling enrolment as Tax return preparer.

25. *Form GST-TRP-5* List of Tax return preparers.

26. *Form GST-TRP-6* Consent of taxable person to Tax return preparer.

27. *Form GST-TRP-7* Withdrawal of authorization to tax return preparer.

Concurrent Auditors of Andhra Bank*

Respected Members

Andhra Bank invite online application   for the empanelment as *Concurrent Auditors of Andhra Bank*
*Last Date*- 28.02.2017
Link for the same is

https://customer.andhrabank.in/AUDIT/

Cash Deposit Verification Guidelines

Cash Deposit Verification Guidelines given by CBDT to Assessing Officers[Instruction No. 3/2017 dated 21-02-2017]:

1. In case of an individual (other than minors) not having any business income, no further verification is required to be made if total cash deposit is up to Rs. 2.5 lakh.

2.  In case of taxpayers above 70 years of age, the limit is Rs. 5.0 lakh per person.

3. In non business cases,  where the person under verification has filed return of Income, a reasonable quantum can be considered as explained while quantifying the undisclosed amount, if any

4. In case of persons engaged in business or requirement to maintain books of accounts, no additional information is required to be submitted by the person under verification if total cash out of earlier income or savings (sum of responses for all cash transactions) is not more than the closing cash balance as on 31st March 2016 in the return for AY 2016-17

5. However, if the AO has reason to believe that the closing cash balance as on 31st March 2016 has been increased by revising the return or backdating transactions in the books of account, further verification may be carried out.

6. For cash received from identifiable persons without PAN, The AO needs to verify if the cash receipts are not in line with the normal practices of concerned business as mentioned in the earlier returns of Income after considering the remarks provided by the taxpayer, nature of business and earlier history before seeking additional information.

7. For Cash received from Unidentifiable persons, normal practice of business to be verified

8. AO may seek relevant information e.g. monthly sales summary (with breakup of cash sales and credit sales), relevant stock register entries, bank statement etc. to identify cases with preliminary suspicion of back-dating of cash sales or fictitious sales

9. Some indicators for suspicion of back dating of cash sales or fictitious sales could be :

i) Abnormal jump in the cash sales during the period Nov to Dec 2016 as compared to earlier history.
ii) Abnormal jump in percentage of cash sales to unidentifiable persons as compared to earlier history.
iii) More than one deposit of specified bank notes in the bank account late in the demonetization period
iv) Non-availability of stock or attempts to inflate stock by introducing fictitious purchases.
v) Transfer of deposited cash to another account/entity which is not in line with earlier history.

10. In cases where online response has not been submitted, AO shall generate a letter from the Verification portal on ITBA to the person under verification for submission of online response  on the e-filing portal and ensure its service. This process should be completed within 7 days of availability of information on the portal.

11. The person under verification is not required to attend the Income-tax office personally under any circumstance and at any stage during the verification exercise.

12. The Assessing Officer will also be able to send a request for additional information, if required.

13. No independent enquiry or third party verifications are required to be made by the Assessing Officer outside the online portal. Whatever information is necessary during verification, the same has to be collected through the person under verification using online platform only

14.  Even telephonic queries are to be avoided.

15. It should be ensured that the communications made online with the persons under verification should be in very polite language without containing any element of threat or warning. No show cause of any kind should be given.

16. In cases of non compliance to cash verification window,  if the cash deposit is not in line with the earlier return or information profile of the person under verification, necessary facts may be collected inter-alia by exercising the powers under section 133(6) with the approval of prescribed authority.

17. In appropriate cases depending upon the online response or otherwise, survey action u/s. 133A can be considered. During survey, where there is suspicion of back dating or fictitious cash transactions, CCTV recording of the cash counter at relevant banks may also be checked, if necessary. Reference can also be sent to the Investigation wing in appropriate cases.

CBDT guidelines for TDS on Salary A Y 2017-18

CBDT vide its Circular No : 01/2017 dated 02-01-2017 (F.No. 275/192/2016-IT(B)) issued complete guidelines for TDS on Salary A Y 2017-18 During the Financial Year 2016-17 Under Section 192 of The Income-Tax Act 1961.

This present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head “Salaries” during the financial year 2016-17 and explains certain related provisions of the Act and Income-tax Rules, 1962.

Draft MEF panel

Draft MEF panel is hosted on www.meficai.org it will be available till 2Jan if any discrepancy pl lodge your complaint immediately. CA Prafulla Chhajed Chairman PDC

CBDT has amended Sec. 44AD

New Delhi, 19th December, 2016.

Press Release

Measures for Promoting Digital Payments & Creation of Less-Cash Economy

Under the existing provisions of section 44AD of the Income-tax Act, 1961 (the Act), in case of certain assesses (i.e. an individual, HUF or a partnership firm other than LLP) carrying on any business (other than transportation, agency, brokerage and commission) and having a turnover of Rupees Two Crore or less, the profit is deemed to be 8% of the total turnover.

In order to achieve the Government's mission of moving towards a less cash economy and to incentivise small traders / businesses to proactively accept payments by digital means, it has been decided to reduce the existing rate of deemed profit of 8% under section 44AD of the Act to 6% in respect of the amount of total turnover or gross receipts received through banking channel / digital means for the financial year 2016-17. However, the existing rate of deemed profit of 8% referred to in section 44AD of the Act, shall continue to apply in respect of total turnover or gross receipts received in cash.

Legislative amendment in this regard shall be carried out through the Finance Bill, 2017.

(Meenakshi J. Goswami)

Commissioner of Income Tax

(Media and Technical Policy)

Official Spokesperson, CBDT.

http://pib.nic.in/newsite/erelease.aspx?relid=155638

Pradhan Mantri Garib Kalyan Deposit Scheme (PMGKDS), 2016?

*1. What is Pradhan Mantri Garib Kalyan Deposit Scheme (PMGKDS), 2016?*

Pradhan Mantri Garib Kalyan Deposit Scheme (PMGKDS), 2016 is a scheme notified by the Government of India on December 16, 2016 which is applicable to every declarant under the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016.

*2. Who is eligible to deposit in PMGKS?*

The deposit under this Scheme shall be made by any person who declared undisclosed income under sub-section (1) of section 199C of the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016.

*3. In what form will the deposits under this scheme be held?*

The Deposits shall be held at the credit of the declarant in Bond Ledger Accounts (BLA) maintained with Reserve Bank of India.

*4. Who are the authorized agencies where the application and amount of deposit will be accepted?*

Application and amount for the deposit (in the form of Bond Ledger Account) shall be received by any banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (Authorized Banks).

*5. Where can declarants get the application form?*

Application for the deposit will be available at branches of authorized banks. It is also available in the Reserve Bank of India website.

*6. When can a declarant make the deposit into the scheme?*

The deposits under this Scheme shall be made in a single payment in any of the authorized banks from the 17th day of December, 2016 till 31st day of March, 2017

*7. What are the Know-Your-Customer (KYC) norms?*

Permanent Account Number (PAN) is the KYC document for individuals depositing in the scheme. If a declarant does not hold PAN, he shall apply for PAN and provide the details of such PAN application along with acknowledgement number to the bank while making the application. On receipt of PAN, the details may be updated with the bank from which application was made.

*8. What is the minimum and maximum limit for depositing in the scheme?*

The deposit by a declarant shall not be less than twenty-five per cent of the undisclosed income declared under sub-section (1) of section 199C of the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016. Deposit shall be made in multiples of ₹ 100.

*9. Will any interest be paid on the deposit under the scheme?*

No interest shall be paid for deposits made in this scheme.

*10. After making the deposit, will any documentary evidence be issued?*

On deposit, an acknowledgement receipt mentioning name of declarant and amount deposited will be duly authorized and provided by the bank from which application was made. Subsequently a certificate of holding for the BLA will be issued which may be collected from the authorized bank.

*11. When will the deposit be repaid?*

Repayment of the deposit will be made after a period of 4 years from the effective date of deposit (ie., date of tender of cash or the date of realization of draft or cheque or transfer through electronic transfer)

*12. What will the declarant get on redemption?*

On redemption, the entire amount deposited into the scheme will be repaid.

*13. How will the declarant get the redemption amount?*

The redemption amount will be credited to the bank account furnished by the person in the application form.

*14. What are the procedures involved during redemption?*

On the date of maturity, the proceeds will be credited to the bank account as per the details on record.

In case there are changes in any details, such as, account number, IFSC code, email ids etc then the investor must intimate Reserve Bank Of India , through the authorized banks promptly.

*15. Can the deposit made into this scheme be prematurely redeemed ?*

No, option for premature redemption of the BLA is not available.

*16. Can the BLA be gifted/transferred to a relative or friend on some occasion?*

No, the BLAs cannot be gifted/transferred to any relative or friend. Transferability of the Bond Ledger Account shall be limited to nominee or to the legal heir of an individual holder, only in the event of death of the declarant.

*17. Who will provide other services to the declarants after deposit in the scheme?*

The banks through which the deposit into this scheme was made will provide other customer services such as change of bank account details, cancellation of nominee etc.

*18. What are the payment options for depositing in PMGKS?*

The deposit shall be made in the form of cash or draft or cheque drawn in favour of the authorised bank accepting such deposit or by electronic transfer.

*19. Whether nomination facility is available for these investments?*

Yes, nomination facility is available as per the provisions of the Government Securities Act 2006 and Government Securities Regulations, 2007. A nomination form is available along with Application form. In case of cancellation/change in nomination, a separate form is to be filled and submitted to the authorized bank.

*20. Are the BLAs tradable?*

No, the Bonds ledger Account are not tradable.

Tax incentive for cash less transaction

Tax incentive for cash less transaction: Deemed profit to be reduced from 8% to 6% u/s 44 AD:

New Delhi, 19th December, 2016.
Press Release

Measures for Promoting Digital Payments & Creation of Less-Cash Economy

Under the existing provisions of section 44AD of the Income-tax Act, 1961 (the Act), in case of certain assesses (i.e. an individual, HUF or a partnership firm other than LLP) carrying on any business (other than transportation, agency, brokerage and commission) and having a turnover of Rupees Two Crore or less, the profit is deemed to be 8% of the total turnover.

In order to achieve the Government's mission of moving towards a less cash economy and to incentivise small traders / businesses to proactively accept payments by digital means, it has been decided to reduce the existing rate of deemed profit of 8% under section 44AD of the Act to 6% in respect of the amount of total turnover or gross receipts received through banking channel / digital means for the financial year 2016-17. However, the existing rate of deemed profit of 8% referred to in section 44AD of the Act, shall continue to apply in respect of total turnover or gross receipts received in cash.

Legislative amendment in this regard shall be carried out through the Finance Bill, 2017.

(Meenakshi J. Goswami)
Commissioner of Income Tax
(Media and Technical Policy)
Official Spokesperson, CBDT.

CAG Empanelment

Online Applications are invited from Chartered Accountant firms/LLPs who desire to be empanelled with the office of the Comptroller and Auditor General of India for appointment as auditors of Government Companies/Corporations for the year 2017-18 from 1st January 2017 to 15th February 2017. For more details visit www.saiindia.gov.in

Taxation Laws (Second Amendment) Act,2016

Ministry of Finance16-December, 2016 18:17 IST

Taxation Laws (Second Amendment) Act, 2016 came into force yesterday i.e. 15th December, 2016 and rules notified today and placed in public domain; The Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016 introduced under the said Act to commence from tomorrow i.e.17th December, 2016 and to remain open for declarations up to 31st March, 2017.

 

The Taxation Laws (Second Amendment) Act, 2016 has come into force on 15th December, 2016.  The Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016 (the Scheme) introduced vide the said Act shall commence on 17^th December, 2016 and shall remain open for declarations up to 31^st March, 2017. The rules in this regard have been notified vide Notification No.116 dated 16^th December, 2016 and have been placed in public domain. A separate notification has been issued for Pradhan Mantri Garib Kalyan Deposit Scheme, 2016 by Department of Economic Affairs.  

           

The salient features of the Scheme are as under:

 

     (i)            Declaration under the Scheme can be made by any person in respect of undisclosed income in the form of cash or deposits in an account with bank or post office or specified entity.

   (ii)            Tax @30% of the undisclosed income, surcharge @33% of tax and penalty @10% of such income is payable besides mandatory deposit of 25% of the undisclosed income in Pradhan Mantri Garib Kalyan Deposit Scheme, 2016. The deposits are interest free and have a lock-in period of four years.

 (iii)            The income declared under the Scheme shall not be included in the total income of the declarant under the Income-tax Act for any assessment year.

 (iv)            The declarations made under the Scheme shall not be admissible as evidence under any Act (eg. Central Excise Act, Wealth-tax Act, Companies Act etc.). However, no immunity will be available under Criminal Acts mentioned in section 199-O of the Scheme.

 

            Non declaration of undisclosed cash or deposit in accounts under the Scheme will render such undisclosed income liable to tax, surcharge and cess totaling to 77.25% of such income, if declared in the return of income. In case the same is not shown in the return of income a further penalty @10% of tax shall also be levied followed by prosecution. It may be noted that the provisions for levy of penalty for misreporting of income @200% of tax payable under section 270A of the Income-tax Act have not been amended and shall continue to apply with respect to cases falling under the said section.

 

The Taxation Laws (Second Amendment) Act, 2016 has also amended the penalty provisions in respect of search and seizure cases. The existing slab for penalty of 10%, 20% & 60% of income levied under section 271AAB has been rationalised to 30% of income, if the income is admitted and taxes are paid. Otherwise a penalty @60% of income shall be levied.

           

The Scheme, Rules and Notifications are available on the official website of the Department www.incometaxindia.gov.in .  Any queries/clarifications relating to the Scheme may be emailed at ts.mapwal@nic.in .

 

 

*****

 

DSM/KA

 

(Release ID :155589)

ICAI issues mandatory KYC Norms

ICAI - ICAI issues mandatory KYC Norms applicable w.e.f 1.1.2017 - (10-12-2016) - http://resource.cdn.icai.org/44165icai-kyc-esb.pdf

The CBDT has issued Circular No. 40/2016

The CBDT has issued Circular No. 40/2016 dated 9th December 2016 directing Assessing Officers not to reopen assessments of earlier years u/s 147 of the Act merely because there is an increase in turnover of the present year because of the adoption by the assessee of digital means of payment. The CBDT has pointed out that such move would cause “undue harassment” to the taxpayers

Service tax Exemption Notification

No service tax on credit, debit card transactions up to 2,000

The Government will waive service tax on debit and credit card transactions of up to Rs. 2,000 to promote digital transactions amid cash crunch following the withdrawal of old Rs. 500 and 1,000 banknotes.

The Government has decided to "exempt services by an acquiring bank to any person in relation to settlement of an amount up to Rs. 2,000 in a single transaction through credit, debit card or other payment card service", sources said.

A notification to this effect will be tabled by Finance Minister Arun Jaitley in Parliament.

Following demonetisation of old high value notes, there has been a cash crunch in the country as people have been making a beeline for banks and ATMs to withdraw new currency.

The Government has been taking steps to promote cashless or digital transactions to take India towards a less-cash economy.

Recently, the Government asked banks to install additional 10 lakh PoS terminals by March 31 in different parts of the country.

The service tax notification of June 2012 will be amended to include exemption on credit and debit cards, the sources added.

As of now, services provided by organisations such as United Nations and other international bodies are exempt from tax.

A range of other services provided by arbitral tribunals, testing of newly developed drugs, educational institutions, trade unions, general insurance business and sports bodies, among others, too are exempt from the levy.

Circular on ;OIDAR

Ministry of Finance11-November, 2016 21:01 IST

To provide a level playing field to Indian service providers, the exemption given to service providers located in foreign territory but providing taxable online information and database access or retrieval [OIDAR] services including electronic services in India, is being withdrawn with effect from 1st December, 2016

 With a view to provide a level playing field to Indian service providers providing taxable online information and database access or retrieval [OIDAR] services including electronic services in India, the exemption to such services provided in India by service providers located in foreign territory is being withdrawn with effect from 1^st December, 2016. Thus cross border business to consumer [B2C] OIDAR services provided by a foreign service provider to a person in India will become taxable from 1^st December, 2016 onwards.

The salient features of this levy are as under:

·         A simplified online mechanism of taking registration has been prescribed and registration will be deemed to be granted online on submission of registration application.

·         A simplified mechanism of online payment of taxes and online filing of returns is being prescribed.

            A detailed Circular No. 202/12/2016-Service Tax dated 09.11.2016 has been issued by CBEC, explaining the likely issues arising from the withdrawl of this exemption.

Useful links:

1)      http://www.cbec.gov.in/ServiceTax-Notifications

2)      http://www.cbec.gov.in/htdocs-servicetax/st-circulars/st-circulars-2016/st-circ-202-2016

**********

Service Tax on AC Restaurants is unconstitutional

November 24, 2016[2016] 75 taxmann.com 272 (Kerala)

Service Tax : Levy of service tax on Air Conditioned Restaurants is unconstitutional since when food is supplied as part of any service, such transfer would be deemed as sale. Thus, there is no component of service which could be charged to service tax when food is supplied by Air Conditioned Restaurant

• The Kerala High Court held that levy of service tax on air conditioned restaurants is unconstitutional. It relied on its own judgment in case of Kerala Classified Hotels & Resorts Association v. Union of India [2013] 35 taxmann.com 568 (Kerala) where it was held that the Article 366(29A)(f) of the Constitution empowers the State Governments to impose sales tax on supply of goods, whether it is by way of or as a part of any service and when food is supplied as part of any service, such transfer would be deemed to be a sale. Thus, there is no component of service which could be charged to service tax when food is supplied by Air Conditioned Restaurant.

Editor's Comment:

• The Government [vide LETTER C.NO.ST-20/STD/MISC./SEVOTTAM/62/12/4693, DATED 13-8-2015] has clarified that service-tax could not be levied either on takeaway orders or home deliveries by the Air Conditioned Restaurants.

• In case of takeaway orders or home deliveries, the dominant nature of the transaction is that of sale and not service, as the food is not served at the Restaurant. Further, no other element of service is offered at the Restaurants, be it ambience, live entertainment, Air Conditioning, or personalized hospitality. The Service tax can be levied if there is an element of 'Service' involved which would typically cover the case where food is served in Restaurant.

• However, the Kerala High Court held that the goods sold at Restaurants could only be considered as sale, irrespective of the fact whether any service is involved in it or not. The aforesaid ruling of the High Court is pending before the Apex Court. 

FAQ on PMGKY

FAQs on Pradhan Mantri Garib Kalyan Yojana   The Government has announced demonetization of existing currency of Rs. 500/1000 with effect from the 9th November, 2016. However, concerns have been raised that some of the existing provisions of the Income-tax Act, 1961 ('Act') could possibly be used for concealing black money. So, the Government has introduced Taxation Laws (Second Amendment) Bill, 2016 in the Lok Sabha to amend the provisions of Income-Tax Act. The Bill was also cleared in the Lok Sabha.   The Government has announced Pradhan Mantri Garib Kalyan Yojana 2016 (PMGKY) in the Taxation Laws (Second Amendment) Bill, 2016. As per this PMGKY black money deposited in banks or held in cash can be offered for taxation at 49.9% (i.e., 30% tax, 9.9% surcharge and 10% penalty).