FYI- Detailed instructions have been issued by the CBDT to all the assessing officers laying down a Standard Operating Procedure (SOP) for verification and correction of demand by the AOs. As per this SOP, the taxpayers can get their outstanding tax demand reduced/deleted by applying for rectification along with the requisite documentary evidence of tax/demand already paid. The SOP also makes special provisions for dealing with the tax demand upto Rs. 1,00,000/- in the case of Individuals and HUFs in order to accommodate certain extra ordinary situations. The SOP is expected to mitigate the long standing grievances of taxpayers by way of reduction/deletion of tax demands. The CBDT has further noted that many taxpayers are committing mistakes while furnishing their tax credit claims in the return of income. Such mistakes include quoting of invalid/incorrect TAN; quoting of only one TAN against more than one TAN tax credit; furnishing information in wrong TDS Schedules in the Return Form; furnishing wrong challan particulars in respect of Advance tax, Self-assessment tax payments etc. As a result of these mistakes, the tax credit cannot be allowed to the taxpayers while processing returns despite the tax credit being there in 26 AS statement. The CBDT, therefore, desires the taxpayers to verify if the demand in their case is due to tax credit mismatch on account of such incorrect particulars and submit rectification requests with correct particulars of TDS/tax claims for correction of these demands. The rectification requests have to be submitted to the jurisdictional assessing officer in case the return was processed by such officer, or the taxpayer is informed by CPC, Bangalore that such rectification is to be carried out by Jurisdictional assessing officer. In all other cases of processing by CPC, Bangalore, an online rectification request can be made by logging in to e- filing website http://incometaxindiaefiling.gov.in as per the procedure given in detail in its Help Menu.
21 April 2014
20 April 2014
Amendments to clause 35B (E-voting facility) and clause 49 (Corporate Governance) of the equity listing agreement.
SEBI has pursuant to a master circular issued today, introduced amendments to clause 35B (E-voting facility) and clause 49 (Corporate Governance) of the equity listing agreement. The master circular will supersede all other earlier circulars issued by SEBI on Clauses 35B and 49 of the Equity Listing Agreement. The revised Clause 35B would be applicable to all listed companies and the modalities would be governed by the provisions of Companies (Management and Administration) Rules, 2014.
Following are some of the highlights of the revised Clause 49:
1. Applicability
a) To all listed companies with effect from 1 October 2014.
b) The provisions of Clause 49(VI)(C) [constitution of risk management committee] will be applicable to top 100 listed companies by market capitalisation as at the end of the immediate previous financial year.
2. Related Party Transactions i.e. a transfer of resources, services or obligations between a company and a related party, regardless of whether a price is charged:
a) Applicable to all prospective transactions.
b) A “related party” is a person or entity that is related to the company. Parties are considered to be related, if one party has the ability to control the other party or exercise significant influence over the other party, directly or indirectly, in making financial and/or operating decisions and includes certain specified entities.
c) Company is obliged to formulate a policy on materiality of related party transactions and also on dealing with Related Party Transactions.
d) A transaction with a related party will be considered material, if the transaction / transactions to be entered into individually or taken together with previous transactions during a financial year, exceeds five percent (5%) of the annual turnover or twenty percent (20%) of the net worth of the company as per the last audited financial statements of the company, whichever is higher.
e) All Related Party Transactions will require prior approval of the Audit Committee.
f) All material Related Party Transactions will require approval of the shareholders through special resolution and the related parties will have to abstain from voting on such resolutions.
g) Details of all material transactions with related parties will have to be disclosed quarterly along with the compliance report on corporate governance.
h) All existing material related party contracts or arrangements as on the date of this circular which are likely to continue beyond March 31, 2015 will have to be placed for approval of the shareholders in the first General Meeting subsequent to 1 October 2014. A company may choose to get such contracts approved by the shareholders even before 1 October 2014.
Equal treatment of all shareholders
3. Companies are obliged to provide equal treatment to all shareholders including minority and foreign shareholders.
Whistle blower mechanism
4. Companies will have to establish a whistle blower mechanism.
Accounting standards
5. Implement the prescribed accounting standards in letter and spirit in the preparation of financial statements taking into consideration the interest of all stakeholders.
Disclosure of interest by board and key executives
6. Members of the Board and key executives are obliged to disclose to the board whether they, directly, indirectly or on behalf of third parties, have a material interest in any transaction or matter directly affecting the company.
Woman director and Independent director
7. Mandatory appointment of a woman director and independent directors.
8. An independent director cannot act as such in more than seven listed companies.
9. Any person who is serving as a whole time director in any listed company cannot serve as an independent director in more than three listed companies.
10. An independent director can hold office for a term up to five consecutive year
19 April 2014
Press Note on Tax Credit
CBDT optimist on Standard Operating Procedure; Urges taxpayers to file rectification request for TDS mismatches
April 18, 2014
SECTION 139D OF THE INCOME-TAX ACT, 1961 - FILING OF RETURN IN ELECTRONIC FORM - EXTENSION OF FACILITY TO TAXPAYERS TO VERIFY IF DEMAND IN THEIR CASE IS DUE TO TAX CREDIT MISMATCH ON ACCOUNT OF INCORRECT FURNISHING OF SPECIFIED PARTICULARS AND SUBMIT RECTIFICATION REQUESTS WITH CORRECT PARTICULARS OF TDS/TAX CLAIMS FOR CORRECTION OF THESE DEMANDS
PRESS NOTE NO.402/92/2006-MC, DATED 17-4-2014
Detailed instructions have been issued by the CBDT to all the assessing officers laying down a Standard Operating Procedure (SOP) for verification and correction of demand by the AOs. As per this SOP, the taxpayers can get their outstanding tax demand reduced/deleted by applying for rectification along with the requisite documentary evidence of tax/demand already paid. The SOP also makes special provisions for dealing with the tax demand upto Rs. 1,00,000/- in the case of Individuals and HUFs in order to accommodate certain extraordinary situations. The SOP is expected to mitigate the long standing grievances of taxpayers by way of reduction/deletion of tax demands.
The CBDT has further noted that many taxpayers are committing mistakes while furnishing their tax credit claims in the return of income. Such mistakes include quoting of invalid/incorrect TAN; quoting of only one TAN against more than one TAN tax credit; furnishing information in wrong TDS Schedules in the Return Form; furnishing wrong challan particulars in respect of Advance tax, Self-assessment tax payments etc. As a result of these mistakes, the tax credit cannot be allowed to the taxpayers while processing returns despite the tax credit being there in 26AS statement. The CBDT, therefore, desires the taxpayers to verify if the demand in their case is due to tax credit mismatch on account of such incorrect particulars and submit rectification requests with correct particulars of TDS/tax claims for correction of these demands. The rectification requests have to be submitted to the jurisdictional assessing officer in case the return was processed by such officer, or the taxpayer is informed by CPC, Bangalore that such rectification is to be carried out by Jurisdictional assessing officer. In all other cases of processing by CPC, Bangalore, an online rectification request can be made by logging into e-filing website http://incometaxindiaefiling.gov.in as per the procedure given in detail in its Help Menu
16 April 2014
Unpaid taxes if a Pvt Ltd company
Unpaid taxes of Private limited Company could not be recovered from its director if he was not grossly negligent in his affairs -GUJ HC- Jashvant lal Vs.ITO
15 April 2014
Parliament competent to impose Service Tax on Restaurants and hotels: Bombay HC
Bombay HC upholds service tax levy on AC restaurants; Differs from Kerala HC ratio
Bombay HC dismisses writ filed by Indian Hotels and Restaurant Association, upholds validity of service tax levy on air-conditioned restaurants serving liquor u/s 65(105)(zzzzv) of Finance Act; Rejects assessee's challenge to Parliament's competence to tax sale / purchase of goods by way of / as part of any service, covered under "State List" read with Article 366(29A)(f) of Indian Constitution; Tax on sale / purchase of goods and tax on services two distinct concepts; To say that Parliament is denuded of its competence to tax restaurant services entails violence to plain language of Constitutional provisions; Service tax does not tax sale of goods, but services provided in such sale; Entry 54 in List II does not envisage service tax on services rendered by restaurant to any person, as referred u/s 65(105)(zzzzv); Rejects Kerala HC's single Judge ruling in Kerala Classified Hotels and Resorts Association for want of categorical finding that tax in question covered by State List; HC accepts Revenue's reliance on SC ruling in Tamil Nadu Kalyana Mandapam pertaining to catering services : Bombay HC
Section 40(a)(ia),
IT: In view of retrospective amendment in section 40(a)(ia), deduction made in last month of financial year would be allowable, if same was deposited before filing of return under section 139(1)
[2014] 42 taxmann.com 547 (Rajasthan)
HIGH COURT OF RAJASTHAN
Commissioner of Income-tax, Udaipur
v.
Choudhary Construction Company
14 April 2014
Sum received by retiring partner
Sum received by retiring partner towards his share capital wasn’t liable to capital gain tax
April 14, 2014[2014] 43 taxmann.com 253 (Hyderabad - Trib.)
13 April 2014
New e forms
FYI - The ministry of Corporate Affairs vide public notice dated 11th April 2014 stated that all the new e forms under the Companies Act 2013 would be available for uploading from the 28th day of April 2014 (instead of staggered roll out of new e forms from the 14th of April, 2014)
04 April 2014
CIN Mandatory
In the latest from the Ministry of Corporate Affairs, 183 new Sections of the Companies Act 2013 have been notified to take effect from April 1, 2014.
As per Section 12 of the Act notified from 1st April, 2014, every company is mandatorily required to mention its Corporate Identification Number (CIN) along with the name and address of registered office on letterheads, invoices, notices and on all official correspondence and publications. Additionally, contact details, email and website address, if any, must be incorporated in such documents mentioned from April 1, 2014.
In case of any failure to quote the CIN number, penalty of Rs 1,000 per day shall be imposed on the defaulting company and on every officer in default for every day during which the default continues. However, maximum penalty imposable shall not exceed Rs 100,000.
Direct Taxes Code
ITR- AY 2014-15
(a) | in sub-rule (1), for the figures "2013", the figures "2014" shall be substituted; | |
(b) | in sub-rule(2), in the proviso after the words and figures "section 115JB" the words "or to give a notice under clause (a) of sub-section (2) of section 11" shall be inserted; | |
(c) | in sub-rule (3), in the first proviso,— |
(A) | after clause (aab), the following clause shall be inserted, namely:— |
"(aac) | a person required to furnish the return in Form ITR-5, other than a firm to which clause (aaa) is applicable, shall furnish the return for the assessment year 2014-15 and subsequent assessment years in the manner specified in clause (ii) or clause (iii);"; |
(B) | for clause (b), the following clause shall be substituted, namely:— |
"(b) | a person required to furnish the return in Form ITR-7 shall furnish the return for assessment year 2014-15 and subsequent assessment years,— |
(A) | in case it is furnished under sub-section (4B) of section 139, in the manner specified in clause (ii); | |
(B) | in other cases, in the manner specified in clause (i) or clause (ii) or clause (iii):"; |
(d) | in sub-rule (4), after the words, "report of audit", the words "or notice" shall be inserted; | |
(e) | in sub-rule (5), for the figures "2012", the figures "2013" shall be substituted. |
FORM SAHAJ (ITR-1) |
FORM ITR-2 |
FORM SUGAM (ITR-4S) |
FORM ITR-V |
Bank Audit: Minimise bank audit risk by maintaining documentation
01 April 2014
What is changed from CA, 56 to CA, 13
What is changed from CA, 56 to CA, 13... An observation
CA, 56 was like girlfriend... We knew since we born(started working) a liberal (act) n very good friend... Hardly getting serious about misbehavior (non compliance) always friendly n many tried and tested formula (drafts) were available in market to fulfill wish(compliance)...
CA,13 is like same girlfriend became wife... Now same action will draw different n strict reaction (huge penalty)
tired and not tested formula..
It thinks that u (company) is always cheating...
though we know the subject matter since years... Its ever changing and infinite rules that will make life more miserable
N best of all... Though change was inevitable and known since years but transformation period is hardly a 4-5 days
31 March 2014
Companies Act-Rules - Article on NPA
MCA notifies rules for additional chapters
MCA vide its notification dated 28th & 31st March 2014 issued rules for additional 4 chapters under the Companies Act 2013. Till now the rules have issued for 14 chapters
New rules issued are :
· Chapter XXVI - Nidhi Rules 2014
· Chapter XXIX - Companies (Adjudication of Penalties ) Rules 2014
· Chapter XXIX - Companies (Miscellaneous ) Rules 2014
· Chapter V - The Companies (Acceptance of Deposits) Rules, 2014.
· Chapter X - The Companies (Audit and Auditors) Rules, 2014.
Please take note that rules for Chapter II has been re-issued on 30th March 2014
ARTICLE ON NPA PUBLISHED IN BUSINESS TODAY
30 March 2014
Extension of date for filing Audit Report in form 704 for 2012-13 by developers
Extension of date for filing Audit Report in form 704 for 2012-13 by developers.
Trade Circular 10T dated 29/3/2014
31st March 2014 important date to remember
31st March 2014 important date for following
1. Last date of payment of advance income tax for Financial Year 2013-14.
2.Submission of income tax and wealth tax for the financial year 2012-13.
3. Submission of revised return of income for financial year 2011-12, if required.
4.Payment of Income tax and wealth tax for the undisclosed income and wealth for FY 2006 07 to 2011 12, if return not filed.
5.Payment of due TDS on interest and other payments
6.Phyiscal Stock taking.
7.Cash balance tally.
8.Minimum balance in the asset where income is tax free to minimise disallowance under section 14A of the Income Tax Act.
9.Investment under section 80 C. 80 and others.
Company Identification Number (CIN) Mandatory
CIN is mandatory on company documents such as letter heads, invoices etc.:
Section 12(3)(c) of CA 2013, which will be effective from 1.4.2014, provides that every company shall get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications. Pl ensure compliance.
39 new forms notified effective from 14/04/2014.
39 new forms notified effective from 14/04/2014.
1. INC-1 Application for reservation of name – old form 1A
2. INC-2 OPC- Application for Incorporation - New form
3. INC-3 OPC- Nominee consent form - New form
4. INC-4 OPC- Change in Member/Nominee - New form
5. INC-5 OPC- Intimation of cessation - New form
6. INC-6 OPC- Application for Conversion - New form
7. INC-7 Incorporation of Co. (Other than OPC) 1
8. INC-18 Application to Regional director for conversion of section 8 co.
into any other kind of co. - New form
9. INC-20 Intimation to Registrar of revocation/surrender of license issued u/s 8 - New form
10. INC.21 Application for commencement of business old form 19, 20
11. INC-22 Notice for situation or change of situation of registered office old form 18
12. INC-23 Application to Regional director for approval to shift the registered office from one state to another state or from jurisdiction of one registrar to another within the state - old form 1AD,24AAA
13. INC-24 Application for change of name old form - 1B
14. INC-27 Conversion form Pvt. To public or vice-versa old forms - 1B, 62
15. INC-28 Notice of order of the Court or Tribunal or any other competent authority - old form 21
16. PAS-3 Return of allotment - old form 2
17. SH-7 Notice to Registrar for alteration of share capital - old form 5
18. SH-8 letter of offer - New form
19. SH-11 Return in respect of buy back of securities - old form 4C
20. CHG-1 Application for registration of creation or modification of charge (other than debentures) - old form 8
21. CHG.4 Particulars of satisfaction of charge - old form 17
22. CHG-6 Notice of appointment or cessation of receiver or manager - old form 15
23. CHG-9 Application for registration of creation or modification of charge in case of debentures - old form 10
24. MGT-14 Filing of Resolutions and agreements to the Registrar under section 117 - old form 23
25. DIR-3 Application for allotment of Director Identification Number - old form DIN 1
26. DIR-5 Intimation of change in particulars of Director to be given to the Central Government - old form DIN 4
27. DIR-7 Notice of resignation of a director to the Registrar - NEW FORM
28. DIR-8 Particulars of appointment of directors and the key managerial personnel and the changes among them - Form 32, 32AD
29. MR-1 Return of appointment of managing director or whole time director or manager - Form 25C
30. MR-2 Form of application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors - old form 25A
31. URC-1 Application by a company for registration under section 366 - Old Form 37, 39
32. FC-1 Information to be filed by foreign company - old form 44
33. FC.2 Return of alteration in the documents filed for registration by foreign company - old form 49, 52
34. FC.3 List of all principal places of business in India established by foreign company - old form 52
35. FC.4 Annual Return - old form PTII
36. ADJ Memorandum of Appeal New form - new form
37. MSC-1 Application to ROC for obtaining the status of dormant company - new form
38. MSC-3 Return of dormant companies - New form
39. MSC-4 Application for seeking status of active company - new form
29 March 2014
MCA notifies Rules under Companies Act, 2013
MCA notifies Rules under Companies Act, 2013
LIST OF RULES UNDER COMPANIES ACT, 2013
28 March 2014
Companies Act Rules notified
Companies Act Rules notified.
http://www.mca.gov.in/MinistryV2/companiesact.html
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