Sachikhabar

5 Truths of Kalyug | भगवान कृष्ण ने महाभारत के समय पर बताये कलयुग के 5 कड़वे सच

2021-10-07T04:51:00.006-07:00

दोस्तों, आज हम सभी कलयुग में ही अपना जीवन व्यतीत कर रहे है | भगवान कृष्ण ने महाभारत के समय पर ही कलयुग की सारी जानकारी का विस्तार पूर्ण तरीके से बता दी थी जैसे की ..

कलयुग में लोग कैसे होंगे?
कलयुग में जीवन कैसे व्यतीत होगा ?
कलयुग में लोगो का व्यवहार एक दूसरे के प्रति कैसा होगा ?

यहाँ हम आपके साथ भगवान कृष्ण द्वारा बताई गई कलयुग के बारे में 5 कड़वी बाते आपके साथ शेयर करेंगे। जो आज 100% सही साबित हो रही है।

महाभारत काल में पांचो पांडवो के मन में कलयुग के बारे में जानने की जिज्ञासा थी। उन्होंने एक बार भगवान कृष्ण से पूछा की कलयुग में इंसान कैसे होगा, लोगो के विचार कैसे होंगे और मोक्ष प्राप्ति कैसे होगी।

ये प्रश्न सुनकर भगवान कृष्ण ने पांचो पांडवो की वन में जाने के लिए कहा और ये भी कहा जो कुछ भी तुम वह देखो मुझे विस्तार में आकर बताना | पांचो भाई वन की तरफ निकल जाते है और वापस आकर भगवान कृष्ण से आकर क्या कहते है चलिए जानते है।

1. युधिष्ठर महाराज ने बताया उन्होंने वन में 2 सूंढ वाले हाथी को देखा और वो बहुत आश्चार्यचकित हो गए। जब युधिष्ठर महाराज ने यह दृश्य भगवान कृष्ण को बताया तो यह सुनकर भगवान कृष्ण ने कहा की कलयुग में ऐसे लोग राज करेंगे जो बोलेगे कुछ और, करेंगे कुछ और | ऐसे लोग दोनों तरफ से शोषण करेंगे | मतलब कलयुग में शासको के लिए आम लोगो का कोई महत्व नहीं होगा |

2. भीम ने देखा एक गाय को जो अपने बच्चे को इतना चाट रही थी की बच्चे का रक्त निकल आया | भीम यह देखकर दंग रह गए और भगवान कृष्ण से इसका अर्थ पूछा। तब भगवान कृष्ण ने कहा कलयुग का इंसान अपने बच्चो से इतना प्रेम करेंगे जिसके के कारण बच्चो का विकास ही रुक जायेगा | यदि किसी का बेटा साधु बनेगा तो सब उसके दर्शन करेंगे लेकिन अगर खुद का बेटा साधु बना तो दुखी हो जायेगे | रोयेंगे की मेरा बेटा की राह पर जा रहा है इसका क्या होगा | कलयुग में बच्चो को मोहमाया और परिवार में ही बांध कर रखेंगे | और उसका जीवन वही नष्ट हो जायेगा | अंत में बेचारा अनाथ होकर ही मरेगा |

3. अर्जुन ने देखा एक पक्षी, जिसके पंखो पर वेद की रिचाई लिखी हुई थी परन्तु वह एक जानवर का मांस खा रहा था | यह देखकर अर्जुन हैरान हो गए | इस पर भगवान कृष्ण ने बताया की कलयुग में ऐसे लोग होंगे जिन्हे विद्वान कहा जायेगा लेकिन उनकी मंशा ये होगी की किसकी जल्दी मृत्यु हो और उसकी सम्पत्ति को अपना लिया जाये | व्यक्ति का औदा कितना भी बड़ा क्योंहो जाये लेकिन उसकी दृष्टि दुसरो की सम्पति पर ही होगी | ऐसे लोग बहुत होंगे जो दूसरे के धन को छीनने की कोशिश करेंगे | वास्तविक संत तो बहुत कम लोग होंगे | कलयुग में बैठे हर जाति धर्म के लोग विचार करेंगे की कोई किस पद से हटे और हम उस पर विराजमान हो जाये |

4. नकुल ने देखा एक भारी चटान पर्वत से गिरी और बड़े से बड़े वृक्ष भी उसे नहीं रोक पाए | परन्तु के छोटे से पौधे से टकराकर वह चटान वही रुक गयी | इसका अर्थ बताते हुए कृष्ण ने कहा की कलयुग में मनुष्य की बुद्धि छोटी होगी | उसके जीवन का पतन होगा और इस पतन को धन और सत्ता के वृक्ष रोक नहीं पाएंगे | किन्तु हरी नाम रूपी एक छोटे से पौधे से मनुष्य का जीवन पतित होने से रुक जायेगा | हरी कीर्तन से मनुष्य की बुद्धि प्रबल होगी |

5. सहदेव ने वन बहुत सारे कुएँ देखे जिनमे से केवल बीच का कुआ खाली था जो की सबसे गहरा था | भगवान कृष्ण ने इसका अर्थ बताया की कोई भी धनी व्यक्ति अपने शौक के लिए पुत्र / पुत्री के विवाह में / उत्सवों में / आलीशान भवन बनाने में बहुत अधिक धन खर्च करेंगे | परन्तु किसी भूखे को देखेंगे तो उसकी सहायता करने में किसी को कोई रूचि नहीं होगी | इंसान को केवल अपनी इन्द्रियों की संतुष्टि, माँस, मदिरा पान आदि पर धन खर्च करेगा | किन्तु किसी के दो आंसू पोछने में कोई रूचि नहीं लेगा | कलयुग में अन्न के भंडार होंगे लेकिन लोग भूख से मरेंगे

गंगा नदी कहाँ से निकलती है ? (Origin of Ganga River) गंगा नदी के जल में कीड़े क्यों नहीं लगते ?

2021-10-07T02:20:00.008-07:00

गंगा नदी कहाँ से निकलती है ? (Origin of Ganga River )
गंगा नदी के जल में कीड़े क्यों नहीं लगते ?
पंच प्रयाग का उदगम कैसे हुआ ?

जैसा की हम सब जानते है भारत की सबसे लम्बी नदी गंगा नदी है जिसकी लम्बाई 2525 किमी है | गंगा नदी स्वत: स्वच्छ होने वाली नदी है क्योकि गंगा नदी के पानी के अंदर बैक्टिरिफेज विषाणु (बैक्टीरिया) पाया जाता है जो गंगा नदी के पानी को खुद साफ़ कर देता है |

गंगा नदी का उदगम गंगोत्री ग्लेश्यिर (उत्तराखंड) से होता है | गंगा नदी 5 राज्यों से बहती है

उत्तराखंड -> उत्तरप्रदेश -> बिहार -> झारखण्ड -> पश्चिम बंगाल से होती हुई बांग्लादेश में चली जाती है | बंगलादेश में गंगा नदी को पदमा नदी के नाम से जाना जाता है |

गंगा नदी को ४ नवंबर 2008 में राष्ट्रीय नदी घोषित किया गया था। गंगा नदी में एक जलीय जीव जिसे गंगा डॉलफिन / प्लाटानिस्ता गैगेटिक के नाम से भी जाना जाता है और ५ अक्टूबर 2009 को इस जीव को राष्ट्रीय जीव घोषित किया गया |

उत्तराखंड में २ ग्लेशियर है

1. गंगोत्री ग्लेश्यिर

2. सतोपंथ ग्लेश्यिर

गंगोत्री ग्लेश्यिर से निकलती है भागीरथी नदी और सतोपंथ ग्लेश्यिर से निकलती है अलकनंदा नदी | ये दोनों नदी भागीरथी और अलकनंदा नदी उत्तरप्रदेश (देवप्रयाग) में आकर मिलती है जिसे यहाँ पर गंगा नदी के नाम से पुकारा जाता है |

अब हम जानते है 5 प्रयाग के उदगम कैसे हुआ ?

1. विष्णु प्रयाग

२. नंद प्रयाग

3. कर्ण प्रयाग

4. रूद्र प्रयाग

5. देव प्रयाग

जेल के अंदर कैसी होती है जिंदगी (Prison System In India )| क्यों पूछी जाती है फांसी से पहले आखिरी ख्वाहिश ? ..

2021-09-25T06:57:00.005-07:00

जेल के अंदर कैसी होती है जिंदगी (Prison System In India )| क्यों पूछी जाती है फांसी से पहले आखिरी ख्वाहिश ?

क्या सभी कैदी को जेल में कपडे और नंबर दिया जाता है ?
जेल में खाना कब और कितनी बार दिया जाता है ?
क्या बाहर से जेल के अंदर खाना ले जा सकते है ?
जेल में कैदी से कैसे मुलाकात की जाती है ?
क्या जेल में कैदी पढ़ाई कर सकते है ?
जेल में काम करने से कैदी को क्या क्या होते है फायदे ?
क्या जेल में 12 घंटे का एक दिन होता है ?
क्या उम्र कैद 14 वर्ष की होती है ??
फांसी की सजा से पहले जज पेन तोड़ देता है ?
फांसी की सजा से पहले आखिरी ख्वाहिश क्यों पूछी जाती है ??

नमस्कार दोस्तों, जेल राज्य सरकार के अधीन काम करता है और जेल के अंदर की पुलिस हमारी नार्मल पुलिस से काफी अलग होती है | जेल के अंदर जो पुलिस होती है वो काफी कम होती है क्योकि अंदर का सारा काम कैदी ही करते है |

क्या सभी कैदी को जेल में कपडे और नंबर दिया जाता है

जब कोई कैदी किसी अपराध में शुरू में जेल के अंदर जाते है तो उन्हें नंबर नहीं दिया जाता है लेकिन जब कैदी की सजा मुकरर कर देती जाती है और कैदी को काफी दिनों की सजा सुनाई जाती है तो उन्हें नंबर दिया जाता है लेकिन जब कोई कैदी 7 से 15 दिनों की लिए जाता है तो उसे कोई नंबर नहीं दिया जाता है और जो कपडे आपने पहने है उसी में आपको जेल के अंदर डाल दिया जाता है | लेकिन जब कैदी का ट्रायल लम्बा चलने वाला होता है तो कैदी को एक नंबर दिया जाता है और ये भी बताया जाता है की किस सेक्शन में आपको रखा जायेगा | जेल के अंदर भी अलग अलग सेक्शन होते है जैसे की खतरनाक लोगो को अलग सेक्शन में और जो कैदी नार्मल आया है उसे अलग सेक्शन में रखा जाता है क्योकि जेलर को पता होता है की ये कैदी 5 - 7 दिनों में चला जायेगा तो उसे दूसरे सेक्शन में रखा जाता है |

जेल में खाना कब और कितनी बार दिया जाता है ?

जेल में नाश्ता, खाना, डिनर के लिए अलग अलग राज्यों में अलग अलग खर्च लिया जाता है | भारत के हर राज्य में हर कैदी के ऊपर रोजाना 52 रूपए का खर्च (नाश्ता, खाना, डिनर) किया जाता है | जेल में सुबह ७ बजे नाश्ता आ जाता है जिसमे आपको चाय के चना, पाव, बिस्कुट, दलिया आदि दिया जाता है | दोपहर का लंच 11:00 बजे से 12 :00 बजे के बीच दिया जाता है जिसमे आपको 4 रोटी, सब्जी दाल चावल दिया जाता है | रात का खाना शाम 5 बजे बनकर तैयार हो जाता है जिसे कैदी कभी भी ९ बजे से पहले खा सकता है रात का खाना बनने के बाद दोबारा गरम नहीं किया जाता है | जिसमे आपको ६ रोटी दाल और सब्जी दिया जाता है | जेल के नार्मल सब्जी (कम तेल, नमक, मसाला) दी जाती है जिससे की कैदी खाकर बीमार न पड़े |

क्या बाहर से जेल के अंदर खाना ले जा सकते है ?

जेल के अंदर अपना खुद का कैंटीन भी होता है जहा से कैदी अपनी जरुरत की चीज़ो को खरीद सकते है किसी कैदी का पेट नहीं भर रहा है तो वह कैदी एक्स्ट्रा खाना खरीद सकता है जिसके लिए कैदी को जेलर से लिखवाना पड़ता है जेल में पैसा रखना मना होता है जेल में आप पैसो से कूपन खरीद कर अपने पास रख सकता है जिसका उपयोग करके आप सामान खरीद सकते है | एक कैदी को केवल 2000 रूपए के कूपन रखने की ही अनुमति होती है | इस कूपन पर एक विशेष कोड डाल दिया जाता है जिससे उस कूपन का उपयोग केवल आप ही कर सकते है |

जेल में कैदी से कैसे मुलाकात की जाती है

जेल में आप अपने परिचित कैदी से मुलाकात कर सकते है जिसके लिए आपको कैदी का नाम, कैदी के पिता का नाम और जेल नंबर पता होना चाहिए | मुलाकात के लिए आप ऑनलाइन फॉर्म भी भर सकते है नहीं तो आप वही जेल में ऑफलाइन 15 रूपए की पर्ची कटवाकर कैदी से मुलाकात कर सकते है | जेल में मिलने का समय 10:०० बजे से ३:०० बजे तक होता है | सामान्य कैदी को हफ्ते में ३ बार मिलने दिया जाता है लेकिन बड़े अपराधी को 1 बार या इससे अधिक अनुमति भी नहीं मिलती किसी से मुलाकात करने पर|

क्या जेल में कैदी पढ़ाई कर सकते है ?

जेल के अंदर लाइब्रेरी भी होती है जहा कैदी पढ़ाई भी कर सकते है और IGNOU से आपको सर्टिफिकेट भी मिलता है |

जेल में काम करने से कैदी को क्या क्या होते है फायदे ?

जेल के अंदर का सारा काम कैदी ही करते है जिसके लिए कैदी को दिन का 20 रूपए मिलता है | जेल में अलग अलग काम होते है जैसी खाना बनाना, पेड़ पौधे लगाना, सब्जी उगाना, सिलाई करना और अन्य।

अगर को कैदी काम नहीं करना चाहता है तो उसे उसके बदले एक बार पैसा देना होता है जिसे हाता कहते है। जब कोई कैदी अंदर जाता है तो जेलर पूछता है काम करोगे या नही | जो कैदी अंदर काम करते है उन्हें २० रूपए रोजाना वेतन के अलावा थोड़ी अच्छी क़्वालिटी का मनचाहा खाना मिलता है |

क्या जेल में 12 घंटे का एक दिन होता है ?

कई लोगो को लगता है जेल में 1 दिन 12 घंटे का होता है लेकिन ऐसा नहीं है अभी के कानून के अनुसार १ दिन 24 घंटे का ही होता है | अगर किसी कैदी को 10 साल की सजा हुई है तो वह 10 साल बाद ही जेल से रिहा होगा |

क्या उम्र कैद 14 वर्ष की होती है ??

कई लोगो ये भी लगता है की उम्र कैद 14 साल की होती है। जी नहीं, उम्र कैद का मतलब होता है आजीवन कारावास | जब कोई जज किसी कैदी को उम्र कैद की सजा सुनाता है तो सविंधान में लिखा गया है अनुछेद ७२ के तेहत राष्ट्रपति किसी कैदी की सजा को माफ़ कर सकते है तथा अनुछेद १६१ के तेहत राज्यपाल किसी कैदी की सजा को माफ़ कर सकते है | इसका मतलब राष्ट्रपति और राज्यपाल किसी कैदी की उम्र कैद की सजा को कम से कम 14 वर्ष पूर्ण होने के बाद ही माफ़ कर सकते है |

फांसी की सजा से पहले जज पेन तोड़ देता है ?

जज हमेशा फांसी की सजा सुनाने के बाद कमल को तोड़ देता है जो इस बात का संकेत होता है की हमने जो फांसी की सजा सुनाई है वो हम खुद जज होने के बाद भी अब इस फांसी के फैसले को नहीं बदल सकते | इसलिए जज काफी सोच समझकर फांसी की सजा सुनाते है जब कभी किसी कैदी को फांसी सुनाई जाती है तो जज उसमे लिखते है To Hang Till Death मतलब कैदी को फांसी पर लटकाये रखो जब तक उसकी साँसे न रुक जाये | इसलिए फांसी की सजा देते समय वहा एक डॉक्टर, मेजिस्ट्रेट और जेल सुपरिडेंट मौजूद रहते है | किसी भी कैदी को फांसी अधिकतर मॉर्निंग में ही दी जाती है क्योकि यह जेल प्रशासन की सबसे बड़ी जिमेदारी जिसे वह सुबह सुबह निपटा देना चहिते है |

फांसी की सजा से पहले आखिरी ख्वाहिश क्यों पूछी जाती है ??

फांसी घर में जब कैदी को लाया जाता है तो जल्द कैदी का चेहरा नहीं देख पता क्योकि कैदी का चेहरा काले कपडे से ढका होता है | चेहरे को कपडे से ढकने का एक और कारण यह कि जब फांसी लगाई जाती है तो कैदी के आँखे बाहर निकल सकती है | फांसी के पहले कैदी से आखिरी ख़्वाइश पूछी जाती है जिसमे वह मन चाहा खाना, घरवालों से मिलना, कोई ग्रंथ पढ़ने को कह सकता है इससे ज्यादा उसकी कोई ख़्वाइश पूरी नहीं की जाती | फांसी देने से पहले जलाद कैदी से कानो में कहता है की मुझे माफ़ करना ये मेरा काम है |

SOME IMPORTANT CHANGES IN MAHARASHTRA BUDGET - 2014

2014-06-05T06:39:00.000-07:00

The Maharashtra Budget for 2014-2015 is announced on 05th June, 2014 and the main Tax Proposals in respect of Maharashtra VAT & Profession Tax are as follows :-

1) Registration limit increased to 10 Lakhs.

2) VAT Audit limit raised to 1 crore from Financial Year 2013-14.

3) Late Fee reduced to Rs. 2000/- for late upto 1 month in filing return.

4) Pending returns can be filed with Tax, interest and late fee of Rs. 1000/-.

5) Retailer Composition @ 1% of total turnover or @ 1.5% of taxable turnover.

6) No. 30(4) penal interest if additional demand as audit or investigation is less than 10% of tax paid with returns.

7) Rate of Tax on Cotton reduced to 2%.

8) Profession Tax limit for Salaried persons increased to Rs. 7500/-

PPF ACCOUNT EXTENSION IS NOT AVAILABLE IN HUF ENTITY

2014-03-20T22:34:00.000-07:00

All Hindu Undivided Families (HUFs) will have to close their Public Provident Fund (PPF) accounts by March 31, 2011 if they have completed 15 years. The extensions granted earlier will be void with effect from March 31, 2011 and all such accounts will be closed and the money refunded after deducting against loans, if any.
As per the gazette notification published on December 7, 2010, an account opened on behalf of a HUF prior to May 13, 2005 will be closed after expiry of 15 years from the end of the year in which the initial subscription was made and the entire amount standing at the credit of the subscriber will be refunded, after making adjustments in respect of any interest due from the subscriber on loans taken by him.
Accounts opened on behalf of HUF, where 15 years has already been completed, will also be closed at the end of the current year - March 31, 2011 and the entire amount standing at the credit of the subscriber shall be refunded after adjustments in respect of any dues from the subscriber.
This amendment in the Public Provident Fund (Amendment) Scheme 2010 is aimed at checking misuse as several people were investing in PPF to earn eight percent tax-free return as an individual as well as HUF, an attempt to earn double tax benefits, as an individual can hold only one account.
Hitherto, HUFs could open separate PPF accounts in accordance with the PPF rules. The head of the family is the karta or the main operator of the account, the others are family members. While daughters can be members of an HUF; on marriage, they cease to be members of the HUF PPF account promoted by their fathers.
The government stopped fresh investments by HUFs in PPF from May 2005. However, several of them continued to park funds in the popular savings scheme. Some were older investments that were yet to complete the 15-year period, while others availed of a five-year extension.
But a recent finance ministry notification has said that money should be refunded as soon as the 15-year period ends for PPF accounts opened by HUFs before May 13, 2005.
For the accounts where the 15-year period has already ended, the money will be refunded on March 31 next year. This means accounts opened after the ban was imposed in 2005 will be allowed to continue only till the tenure ends, while the others will be terminated at the end of the current financial year.
The philosophy of small savings is to provide a savings window to the middle income segment or those living in remote areas where banking services are not available.
A resident Indian citizen of any age can open a PPF account. You can deposit a minimum amount of Rs 500 and a maximum of Rs 70,000 each financial year, in up to 12 installments.

LAST DATE OF SERVICE TAX RETURN

2013-10-24T21:28:00.001-07:00

DO NOT FILE NIL TDS RETURN FROM 01.10.2013

2013-10-12T08:43:00.000-07:00

REGARDING NIL TDS RETURN

This is to inform you that, since the release of new FVU version 4.0 with effect from 1st October 2013, the NIL TDS/TCS quarterly statements cannot be filed, without quoting any valid challan or deductee record. This means the NIL TDS/TCS return cannot be submitted, and also TDS CPC has sent email on instructions to all the Deductors with respect to TDS/TCS quarterly return filing as under.

Quote:
Dear Deductor,

You are the esteemed stakeholder of CPC (TDS). As the due date of filing of quarterly TDS statement for second quarter of FY 2013-14 is approaching fast, you are advised to file TDS statement well before due date (15th October for Non Government deductors and 31st October for Government deductors). You are requested to make note of the following facts before filing the quarterly TDS statement:

CORRECT REPORTING: Cancellation of TDS statement and deductee row is no longer permissible. Accordingly, it is very important to report correct and valid particulars (TAN of the deductor, Category (Government/Non Government) of the deductor, PAN of the deductees and other particulars of deduction of tax) in the quarterly TDS statement.
Quote correct and valid lower rate TDS certificate in TDS statement wherever the TDS has been deducted at lower/zero rate on the basis of certificate issued by the Assessing Officer
Last provisional receipt number to be quoted in regular TDS/TCS statements: While filing new regular (original) TDS statement, it is mandatory to quote the last accepted provisional receipt number of the regular quarterly TDS/TCS statement of any form type.
TDS statement can not be filed without quoting any valid challan and deductee row.
Late filing fee, being statutory in nature, can not be waived.
Download the PAN master from TRACES and use the same to file new statement to avoid quoting of incorrect and invalid PAN.
Validate PAN and name of the fresh deductees from TRACES site before quoting it in TDS statement
Download TDS certificate (Form16A) from TRACES (www.tdscpc.gov.in) bearing unique TDS certificate number and issue to the taxpayers within due date.
File correction statements promptly in case of incomplete and incorrect reporting.
Download the justification report to know the details of TDS defaults, if any, on processing of TDS statement.
Do view your Dashboard regularly to know about your TDS performance.
Government deductors should obtain BIN (Book Identification Number) from their Accounts Officer (AIN holder) in time and quote the same correctly in TDS statement.

CPC (TDS) is committed to provide best possible services to you.

CPC(TDS) Team

Default in depositing TDS by due date shall be liable for prosecution

2013-10-11T08:13:00.000-07:00

Default in depositing TDS by due date shall be liable for prosecution

Central Board of Direct Taxes (CBDT) issued a press release in which CBDT said that tax deductors who deduct TDS but does not deposit the same into the Government Account within the stipulated time period are liable for prosecution under section 276B of the Income Tax Act, 1961.

The defaulters if found guilty or convicted, may be sentenced to rigorous imprisonment (RI) for a term which can extend upto seven years. The offence u/s 276B of the Income Tax Act can be compounded by Chief Commissioner having jurisdiction on the case, either before or after the launching of prosecution proceedings.

The Central Board of Direct Taxes has substantially modified existing guidelines stating that “the criterion of minimum retention period of 12 months has been dispensed with”.

For the benefit of public at large, it is now clarified that defaulters, who have retained the TDS deducted and failed to deposit the same in Government account within due date, shall be liable for prosecution, irrespective of the period of retention. Thus even a day of delay in deposition of TDS could result into rigorous imprisonment.

In the recent past it is observed that Income Tax Department is issuing show cause notices for launching prosecution u/s 276B of the Income Tax Act. Such notices are issued for defaults in payment of TDS. Prosecution has been launched even in cases where amount of default is low and period of default is of few days. Such an instance is found in Madhumilan Syntex Ltd. & Ors. Vs. Union of India & Anr. (2007) 208 CTR (SC) 417: (2007) 290 ITR 199 (SC).

Now the question arises whether in each and every cases prosecution proceedings can be initiated? There is no straight answer. Various courts have examined this issue. Points which can be used in favour of the assessee are summarized below:

TDS Default Amount and period is Important:

CBDT has issued instruction no. 1335 of CBDT, dated 28-5-1980 to the effect that prosecution should not normally be proposed when the amounts involved are not substantial and the amount in default has also been deposited in the meantime to the credit of the Government.

In the case of Vijay Singh Vs Union of India & Anr (2005) 199 CTR (MP) 653 the Hon High Court gave its judgement in favour of assessee for a TDS default of 28,776/- for a period of 5 months and some days. Also see BEE GEE MOTORS & TRACTORS & ANR. vs. INCOME TAX OFFICER reported in (1995) 127 CTR (P&H) 224 : (1996) 218 ITR 155 (P&H) : (1995) 82 TAXMAN 493

Absence of Reasonable Cause of TDS Default:

The provisions of section 278AA lays down that no person shall be punishable for any failure referred to in section 276B if he proves that there was reasonable cause for such failure.

It is essentially a question of fact to be decided in each case on consideration of material placed before the concerned authority. However the burden of proof that there was a reasonable cause for default is on assessee.

In SEQUOIA CONSTRUCTION CO. LTD. & ORS. vs. P.P. SURI, INCOME TAX OFFICER reported in (1985) 47 CTR (DEL) 277 : (1986) 158 ITR 496 (DEL) : (1985) 21 TAXMAN 13 there was delay in deposit of TDS. In view of reasonable cause shown by assessee, penalty proceedings came to be dropped by both appellate authorities. In this respect the court held that “Dropping of penalty proceedings must weigh with trial Court while judging the reasonable cause prevailing with assessee. Milder proof of reasonable cause must be taken to have been established. Continuance of prosecution proceedings would be a sheer exercise in futility and harassment of assessee—Prosecution was quashed”

Unintentional TDS Default is not punishable:

In UNION OF INDIA vs. PYARELAL TARACHAND & ANR. (2003) 180 CTR (MP) 551: (2003) 264 ITR 525 (MP): (2004) 135 TAXMAN 97 the Hon High Court declined to interfere in the judgment where trial court acquitted the assessee because it was not proved that the assessee has deliberately or intentionally committed the default.

Non deduction of TDS vs TDS deducted and not paid

After amendment of s. 276B w.e.f. 1st April, 1989, only if a person deducts tax but does not pay the same there is an offence. Failure to deduct tax has ceased to be an offence after the said amendment and it only attracts penalty under s. 271C. During the course of audit many a times it is observed that TDS has not been deducted on expenses incurred/provided at the end of the year. What generally is done that TDS liability is created as on 31^st March by debiting vendor account. And the TDS liability is paid in current date. Thus there is a default from 1^st of April to the date of payment. This will also attract prosecution provisions u/s 276B. On the other hand if instead of making TDS provision at the end of the year i.e. 31^st March, the TDS liability should have been created on current date and payment made. This will make prosecution provisions u/s 276 B inapplicable. See also Kaushal Kumar Biyani vs union of India through ITO (2002) 174 (CTR) MP 552

No Prosecution if it is a Company assessee:

Prosecution can’t be initiated against the company. It has to be initiated in the name of Director or Principal Officer responsible for TDS compliances. For initiating prosecution proceedings against the director of the company, the assessee officer has to give notice u/s 2(35) expressing his intention to treat such directors of a company as "principal officers". However, it would be sufficient compliance if in the show-cause notice issued to the company it is mentioned that the directors are to be considered as principal officers of the company.

In absence of both, permission is not granted to appeal against the judgment passed by Addl. Chief Metropolitan Magistrate whereby respondent director of the company has been acquitted of the offence under s. 276B. (COMMISSIONER OF INCOME TAX vs. DELHI IRON WORKS (P) LTD. & ORS (2011) 331 ITR 5 (Del) : (2010) 195 TAXMAN 372 (Del)

Compounding Fees / Charges

If the assessee understands that there has been a default in deduction and/or deposit of TDS which may attract penal provisions of section 276B, he may express his consent to pay compounding fees/charges. Detailed guidelines have been issued by CBDT for compounding vide CBDT’s F No.265/26/2002 IT(INV) dated 29-7-2000 [263 ITR(St.)3] Such compounding can be done either before or after the institution of prosecution proceedings.

Few Observations

Keeping in mind the stringent provisions of law, first thing which is required is its strict compliance. Assessee is required to pay interest and penalty for various defaults. There is an urgent need for clear cut guidelines about the amount of Tax default and period of default which may attract prosecution. This will not only save time of the assessee and the department but will also save assessee from undue harassment.

EXTENSION OF TAX AUDIT DATE 2013-14 WHICH IS NOT IN REAL SENSE FOR PROFESSIONAL & ASSESSEE

2013-09-26T08:13:00.002-07:00

EXTENSTION OF TAX AUDIT REPORT DATE

Read the NOTIFICATION carefully,

Our HEART hopes broken for Truly Audit & ITR eFiling Date Extension.

CBDT has vide its order dated 26.09.2013 has extended the due date for e-filing of Tax Audit Report to 31.10.2013. The order has nowhere mentioned about the due date for e-filing of Income tax Return (ITR). It seems due date for filing of ITR are been kept same. If Assessee do not file the ITR on or before 30^th September 2013 he may have the following implications:-

He may have to pay Interest U/s. 234A on taxes outstanding.
Losses if any may not be allowed to be carried forward
Assessee also have to Pay Statutory dues U/s. 43B on or before the filing of ITR or Due Date i.e. 30.09.2013 whichever is earlier.
Those who filing there ITR on or before the due date i.e. 30.09.2013 will have to file Tax Audit Report either manually or electronically before 30.09.2013. If taxpayer has filed manually then he have to file the same electronically also on or before 31.10.2013.

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

Press Release by Ministry of Finance Dated 26.09.2013

Time for Furnishing the Report of Audit Electronically Extended till October 31, 2013.

It has come to the notice of the Central Board of Direct Taxes (CBDT) that many assessees who are required to file their income tax returns by September 30, 2013 are finding it difficult to upload the report of Audit electronically as prescribed under the proviso to sub-rule (2) of Rule 12 of the IT Rules for the Assessment Year 2013-14. Therefore, the CBDT has decided to extend the time for furnishing the report of Audit electronically till October 31, 2013. However, the assessees are required to file the report of Audit manually with the jurisdictional Assessing Officer by the prescribed due date, i.e. September 30, 2013. The assessees are also required to file their returns of income electronically by the prescribed due date, i.e. September 30, 2013.

REMINDER FOR TDS PAYMENT & TDS RETURN

2013-04-24T01:54:00.002-07:00

REMINDER FOR TDS PAYMENT & TDS RETURN FOR THE YEAR 2012-13

The last date for depositing the challan payment on TDS made on all transactions for the month March 2013 is 30th April 2013, for the Deductor other than office of Government. Make the payment within due date to avoid the interest there upon.

Also the due date for submitting the TDS/TCS quarterly statement for Quarter-4 of FY2012-13 is May 15th, 2013. In view of our user's interest to serve you better, we request you to submit your quarterly TDS/TCS eReturn statement without waiting till due date that is May 15th, to avoid the final hour inconveniences.

DUE DATE EXTENDED FOR FILING SERVICE TAX RETURN FOR THE PERIOD OCT TO MARCH-13

2013-04-23T10:03:00.001-07:00

DUE DATE EXTENDED FOR FILING SERVICE TAX RETURN FOR THE PERIOD OCT TO MARCH-13

Notification Detail :

F.No.137/99/2011-Service Tax

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

***

New Delhi, dated the 23rd April, 2013

Order No: 03/2013-Service Tax

In exercise of the powers conferred by sub-rule(4) of rule 7 of the Service Tax Rules,

1994, the Central Board of Excise & Customs hereby extends the date of submission of the Form

ST-3, for the period from 1st October 2012 to 31st March 2013, from 25th April, 2013

to 31st August, 2013.

The circumstances of a special nature, which have given rise to this extension of time, are

as follows:

“The Form ST-3, for the period from 1st October 2012 to 31st March 2013, is expected to be

available on ACES around 31st of July, 2013”.

Himani Bhayana

Under Secretary (Service Tax)

Central Board of Excise and Customs

All Chief Commissioners of Central Excise / Customs and Central Excise

Directors General of Service Tax /Central Excise Intelligence /Audit/Systems All Commissioners of

Central Excise/ Customs and Central Excise

All Commissioners of Service Tax

All Commissioners LTU

DUE DATE OF SERVICE TAX RETURN FOR QUARTER-II HAS BEEN EXTENDED TO 30TH APRIL, 2013

2013-04-12T08:01:00.001-07:00

SERVICE TAX RETURN FOR QUARTER - II HAS BEEN EXTENDED TO 30TH APRIL, 2013

The due date for submission of Service Tax return (Form ST-3) for second quarter of FY2012-13 has been extended to 30th April 2013, in view of difficulties faced by Assessees in filing e-Return.

Central Board of Excise and Customs (CBEC) has issued Order No.02/2013-Service Tax, dated 12th April, 2013 stating the same. Click here to see the notification.

NOTES ON PROFESSION TAX

2013-02-18T23:17:00.000-08:00

Profession Tax – Amendments in Maharashtra

1) Profession Tax E-Enrollment-

3rd proviso to Sec 3(2) is inserted from 01.05.2012. Which states that, a person who is liable to pay tax has remained un-enrolled; then, his liability to pay tax under this section for the periods for which he has remained so unenrolled shall not exceed eight years from the end of the year immediately preceding the year in which he has obtained the enrollment certificate or the year in which the proceeding for enrollment is initiated against him, whichever is earlier.

2) Rate of Interest –

Under composition scheme of Profession Tax interest is Rs. 200/- p.m , where as in normal case interest upto 30.06.04 – 2 % p.m, From 01.07.04 – 1.25 % p.m

3) E Return-

Filing of E Return for Employer is made mandatory with effect from 01-Aug2011 in form IIIB Form (As per Trade Circular 1T 2012).

4) New number-

Employers Registered before 22^nd July 2007 having old PTRC number can get New PT number automatically by e-enrolling on mahavat.gov.in. Those who are registered from 22.07.07 has already been granted new PTRC number

5) Multiple Place of business Registration-

If dealer is having multiple place of business following in different jurisdiction of Sales Tax Office , will have to get PTRC number for each such Premises/Branch/Place. That is if place of business is following in same jurisdiction then only one PTRC number should be taken.

6) Requirement of TAN-

For obtaining Registration Certificate (PTRC), For Principal place of business within the state of Maharashtra mentioning of TAN is optional. However if employer is applying for Registration Certificates for places other than his principal place of business in the state of Maharashtra , then he should also enter TAN number of that other location for which he is making an application.

(Trade Circular 5 T of 2012)

7) Exemption from E Registration-

E Registration is mandatory for all person except for holders of Permit for transport vehicle covered under Entry No.13 of Schedule I of Profession Tax Act granted under the motor vehicles Act 1988. Such Person should directly approach the concerned RTO for Enrollment certificate.

8) E-Payment-

With effect from 01-July-2012 every employer holding Profession Tax Registration Certificate (PTRC) shall pay Tax, Interest, Penalty or any amount due and payable by or under the said act electronically.

(Notification Dated 14-06-2012)

9) Assessment-

a) Where all the returns are filed by the employer for any year starting on or after the 1^stApril 2004 within one month from the end of the year to which such returns relate, no order of assessment under the provisos to sub-section (2) in respect of that year shall be made after the expiry of three years from the end of the said year; and if for any reason such order is not made within the period aforesaid, then the returns so filed shall be deemed to have been accepted as correct and complete for assessing the tax due from such employer If return are not filed within time then time limit for assessment is 8 yrs.

b) In case of returns pertaining to the years on or before the 31^st March 2004, and filed on or before the 30^th September 2004, no order of assessment shall be made under the provisos to sub-section (2) on or after the 1^stApril 2007.

10) Return Periodicity for Employers-

Previous year Tax Payment < Rs.50000/- Annually

Previous year Tax Payment > Rs.50000/- Monthly

New Registration Monthly

11) Time limit for payment of Assessment Dues-

The amount of tax so assessed shall be paid within fifteen (15) days of receipt of the notice of demand from the prescribed authority.

12) Appeal Time Limit-

Profession Tax appeal can be filed within 60 days from date of receipt of notice of Demand. Provided that, the appellate authority may admit the appeal after the expiry of the above period, if he is satisfied that there was sufficient cause for the delay.

13) Help Desk-

Employers/Professionals/Persons having any sort of Queries/problems/suggestions in this respect may contact on Email Id- pteservices@mahavat.gov.in

B/S & PROFIT & LOSS IN XBRL MODE FILING DUE DATE EXTENDED TO 15.02.2013

2013-01-16T22:02:00.000-08:00

General Circular No: 1/2013 , Dated 15/01/2013

Sub: -Filing of Balance Sheet and Profit and Loss Account in eXtensible Business Reporting Language (XBRL) mode for the financial year commencing on or after 01.04.2011.

In continuation of the Ministry’s General Circular Nos: 16/2012 dated 06.07.2012, 34/2012 dated 25.10.2012 and 39/2012 dated 12.12.2012 on the subject cited above, it is stated that the time limit to file the financial statements in the XBRL mode without any additional fee/penalty has been extended up to 15th February 2013 or within 30 days from the due date of AGM of the company, whichever is later.

All other terms and conditions of the General Circular Nos: 16/2012 dated 06.07.2012 will remain the same.

Yours faithfully,

(Sanjay Kumar Gupta) Deputy Director

DESCRIPTION OF TAXABLE SERVICE ANNEXURE

2013-01-07T21:28:00.004-08:00

DESCRIPTIONS OF TAXABLE SERVICES AND ACCOUNTING CODES FOR PAYMENT OF SERVICE TAX

Sl. No.	Finance Act,1994 erstwhile Section 65(105)	Descriptions of Taxable Services	Accounting Codes
	Finance Act,1994 erstwhile Section 65(105)	Descriptions of Taxable Services	Tax Collection	Other Receipts (interest)	Penalties	Deduct Refunds (for use by the field formations)

(1)	(2)	(3)	(4)	(5)	(6)	(7)
1	(a)	Stockbroker service	00440008	00440009	00441298	00440121
*	(b)	Telegraph authority-telephone connection [(b) was omitted w.e.f.01.06.2007 and clubbed under (zzzx)]	00440003	00440119	00441296	00440122
*	(c)	Telegraph authority-pager[(c ) was omitted w.e.f.01.06.2007 and clubbed under (zzzx)]	00440015	00440020	00441301	00440021
2	(d)	General insurance service	00440005	00440006	00441297	00440120
3	(e)	Advertising agency services	00440013	00440016	00441299	00440017
4	(f)	Courier agency service	00440014	00440018	00441300	00440019
5	(g)	Consulting engineer services	00440057	00440058	00441310	00440059
6	(h)	Custom House Agent service	00440026	00440027	00441302	00440028
7	(i)	Steamer agent services	00440029	00440030	00441303	00440031
8	(j)	Clearing and forwarding agent services	00440045	00440046	00441306	00440047
9	(k)	Manpower recruitment/supply agency service	00440060	00440061	00441311	00440062
*	(ka)	Goods Transport Operator[This description is not to be used since omitted and clubbed under (zzp) Transport of goods by road - goods transport agency service â€“ (zzp)]	00440067	00440068	00441313	00440069
10	(l)	Air travel agent services	00440032	00440033	00441304	00440034
11	(m)	Mandap keeper service	00440035	00440036	00441305	00440037
12	(n)	Tour operator services	00440063	00440064	00441312	00440065
13	(o)	Rent-a-cab scheme operator services	00440048	00440049	00441307	00440050
14	(p)	Architect services	00440072	00440073	00441314	00440074
15	(q)	Interior decoration/ Designer services	00440076	00440077	00441315	00440078
16	( r)	Management or business consultant service	00440116	00440117	00441325	00440118
17	(s)	Chartered accountant services	00440092	00440093	00441319	00440094
18	(t)	Cost accountant service	00440096	00440097	00441320	00440098
19	(u)	Company secretary service	00440100	00440101	00441321	00440102
20	(v)	Real estate agent service	00440104	00440105	00441322	00440106
21	(w)	Security/ detective agency service	00440108	00440109	00441323	00440110
22	(x)	Credit rating agency service	00440088	00440089	00441318	00440090
23	(y)	Market research agency service	00440112	00440113	00441324	00440114
24	(z)	Underwriter service	00440084	00440085	00441317	00440086
*	(za)	Mechanised slaughterhouse service[omitted vide Finance Act, 2001]	00440080	00440081	00441316	00440082
25	(za)	Scientific & technical consultancy services	00440125	00440126	00441326	00440127
26	(zb)	Photography service	00440129	00440130	00441327	00440131
27	(zc)	Convention service	00440133	00440134	00441328	00440135
*	(zd)	Telegraph authority â€“ leased circuit [omitted w.e.f.01.06.2007 and clubbed under (zzzx)]	00440137	00440138	00441329	00440139
*	(ze)	Telegraph authority â€“ telegraph service [omitted w.e.f.01.06.2007 and clubbed under (zzzx)]	00440141	00440142	00441330	00440143
*	(zf)	Telegraph authority â€“ telex service [omitted w.e.f.01.06.2007 and clubbed under (zzzx)]	00440145	00440146	00441331	00440147
*	(zg)	Telegraph authority â€“ facsimile service [omitted w.e.f.01.06.2007 and clubbed under (zzzx)]	00440149	00440150	00441332	00440151
28	(zh)	Online information and database access service and/ or retrieval service through computer network	00440153	00440154	00441333	00440155
29	(zi)	Video production agency/ video tape production service	00440157	00440158	00441334	00440159
30	(zj)	Sound recording studio or agency services	00440161	00440162	00441335	00440163
31	(zk)	Broadcasting service	00440165	00440166	00441336	00440167
32	(zl)	Insurance auxiliary service in relation to general insurance	00440169	00440170	00441338	00440171
33	(zm)	Banking and other Financial services	00440173	00440174	00441339	00440175
34	(zn)	Port service (major ports)	00440177	00440178	00441341	00440179
35	(zo)	Service for repair, reconditioning, restoration, or decoration or any other similar services, of any motor vehicle[(zzj) omitted w.e.f 16.6.05]	00440181	00440182	00441343	00440183
*	(zp)	Body corporate other than banks in relation to banking and other financial services [ omitted w.e.f. 10.09.04 and clubbed under (zm)]	———–	————–	———–	————-
36	(zq)	Beauty parlours /beauty treatment	00440209	00440210	00441361	00440211
37	(zr)	Cargo handling service	00440189	00440190	00441348	00440191
38	(zs)	Cable operators	00440217	00440218	00441366	00440219
39	(zt)	Dry cleaning service	00440221	00440222	00441369	00440223
40	(zu)	Event management	00440197	00440198	00441353	00440199
41	(zv)	Fashion design	00440213	00440214	00441363	00440215
42	(zw)	Health club and fitness centre service	00440205	00440206	00441358	00440207
43	(zx)	Life insurance service	00440185	00440186	00441346	00440187
44	(zy)	Insurance auxiliary service concerning life insurance business	00440185	00440186	00441346	00440187
45	(zz)	Rail travel agent’s service	00440201	00440202	00441356	00440203
46	(zza)	Storage and warehousing services	00440193	00440194	00441350	00440195
47	(zzb)	Business auxiliary service	00440225	00440226	00441371	00440227
48	(zzc)	Commercial training or coaching	00440229	00440230	00441374	00440231
49	(zzd)	Erection, commissioning and installation	00440233	00440234	00441376	00440235
50	(zze)	Franchise service	00440237	00440238	00441384	00440239
51	(zzf)	Internet café	00440241	00440242	00441386	00440243
52	(zzg)	Maintenance or repair service	00440245	00440246	00441388	00440247
53	(zzh)	Technical testing and analysis service	00440249	00440250	00441389	00440251
54	(zzi)	Technical inspection and certification agency service	00440249	00440250	00441389	00440251
*	(zzj)	Authorised service station [omitted w.e.f 16.6.05 and clubbed under (zo)]	———	———–	————	———-
55	(zzk)	Foreign exchange broker service	00440173	00440174	00441339	00440175
56	(zzl)	Other port (minor port) service	00440177	00440178	00441341	00440179
57	(zzm)	Airport services by airport authority	00440258	00440259	00441391	00440260
58	(zzn)	Transport of goods by air	00440266	00440267	00441393	00440268
59	(zzo)	Business exhibition service	00440254	00440255	00441390	00440256
60	(zzp)	Transport of goods by road/goods transport agency service	00440262	00440263	00441392	00440264
61	(zzq)	Construction services other than residential complex, including commercial/industrial buildings or civil structures	00440290	00440291	00441399	00440292
62	(zzr)	Services by holder of intellectual property right providing intellectual property services other than copyright	00440278	00440279	00441396	00440280
63	(zzs)	Opinion poll agency service	00440274	00440275	00441395	00440276
64	(zzt)	Outdoor catering	00440051	00440052	00441308	00440053
65	(zzu)	Services by a programme producer	00440286	00440287	00441398	00440288
66	(zzv)	Survey and exploration of mineral	00440270	00440271	00441394	00440272
67	(zzw)	Pandal or shamiana service	00440054	00440055	00441309	00440056
68	(zzx)	Travel agent for booking of passage(other than air/rail travel agents)	00440294	00440295	00441400	00440296
69	(zzy)	Services provided by recognised/registered associations in relation to forward contracts	00440282	00440283	00441397	00440284
70	(zzz)	Transport of goods through pipeline or other conduit	00440302	00440303	00441430	00440304
71	(zzza)	Site formation and clearance, excavation, earth moving and demolition services	00440306	00440307	00441431	00440308
72	(zzzb)	Dredging of rivers, ports harbours, backwaters, estuaries, etc.	00440310	00440311	00441432	00440312
73	(zzzc)	Survey and map making service	00440314	00440315	00441433	00440316
74	(zzzd)	Cleaning services	00440318	00440319	00441434	00440320
75	(zzze)	Club or association service	00440322	00440323	00441435	00440324
76	(zzzf)	Packaging service	00440326	00440327	00441436	00440328
77	(zzzg)	Mailing list compilation and mailing service	00440330	00440331	00441437	00440332
78	(zzzh)	Construction of residential complex service	00440334	00440335	00441438	00440336
79	(zzzi)	Service provided by a registrar to an issue	00440338	00440339	00441439	00440340
80	(zzzj)	Service provided by a share transfer agent	00440342	00440343	00441440	00440344
81	(zzzk)	Automated Teller Machine operations, maintenance or management service	00440346	00440347	00441441	00440348
82	(zzzl)	Service provided by a recovery agent	00440350	00440351	00441442	00440352
83	(zzzm)	Selling of space or time slots for advertisements	00440354	00440355	00441443	00440356
84	(zzzn)	Sponsorship service provided to body-corporate or firm including sports sponsorships	00440358	00440359	00441444	00440360
85	(zzzo)	Transport of passengers embarking on domestic/international journey by air	00440362	00440363	00441445	00440364
86	(zzzp)	Transport of goods by rail including transport of goods in containers by rail (for the present, transport of passengers by rail in air-conditioned class/first class also may be paid under this description/accounting code)	00440390	00440391	00441446	00440392
87	(zzzq)	Business support service	00440366	00440367	00441447	00440368
88	(zzzr)	Auction service	00440370	00440371	00441448	00440372
89	(zzzs)	Public relation management service	00440374	00440375	00441449	00440376
90	(zzzt)	Ship management service	00440378	00440379	00441450	00440380
91	(zzzu)	Internet telecommunication services (includes internet telephony Service which became taxable from 01.05.2006)	00440382	00440383	00441451	00440384
92	(zzzv)	Transport of persons by cruise ship	00440386	00440387	00441452	00440388
93	(zzzw)	Credit card, debit card, charge card or other payment card related services	00440394	00440395	00441453	00440396
94	(zzzx)	Services of telegraph authority in relation to telecommunication service	00440398	00440399	00441454	00440400
95	(zzzy)	Mining of mineral, oil or gas service	00440402	00440403	00441455	00440404
96	(zzzz)	Renting of immovable property services	00440406	00440407	00441456	00440408
97	(zzzza)	Works contract service	00440410	00440411	00441457	00440412
98	(zzzzb)	Development and supply of content for use in telecom services, advertising agency, etc.	00440414	00440415	00441458	00440416
99	(zzzzc)	Asset management including portfolio management and fund management	00440418	00440419	00441459	00440420
100	(zzzzd)	Design service other than interior decoration and fashion designing	00440422	00440423	00441460	00440424
101	(zzzze)	Information technology software service	00440452	00440450	00441461	00440451
102	(zzzzf)	Services provided by an insurer of life insurance under Unit Linked Insurance Plan(ULIP)	00440430	00440431	00441462	00440432
103	(zzzzg)	Services provided by a recognized stock exchange in relation to transaction in securities	00440434	00440435	00441463	00440436
104	(zzzzh)	Services provided by recognised/registered associations in relation to clearance or settlement of transactions in goods or forward contracts	00440438	00440439	00441464	00440440
105	(zzzzi)	Services provided by a processing and clearinghouse in relation to securities, goods and forward contracts	00440442	00440443	00441465	00440446
106	(zzzzj)	Services provided by any person in relation to supply of tangible goods	00440445	00440447	00441466	00440448
107	(zzzzk)	Cosmetic and plastic surgery service	00440460	00440463	00441467	00440466
108	(zzzzl)	Transport of goods by coastal shipping (services by way of transportation of goods by inland waterways is placed in the negative list)	00440470	00440473	00441468	00440476
109	(zzzzm)	Legal consultancy service	00440480	00440483	00441469	00440486
110	(zzzzn)	Promotion, marketing , organizing or assisting in organizing games of chance including lottery, etc.	00440595	00440596	00441470	00440597
111	(zzzzo)	Health services by a clinical establishment, health check-up/diagnosis , etc.	00440598	00440599	00441471	00440600
112	(zzzzp)	Maintenance of medical records	00440601	00440602	00441472	00440603
113	(zzzzq)	Service of promotion or marketing of brand of goods/services/events	00440604	00440605	00441473	00440606
11	(zzzzr)	Service of permitting commercial use or exploitation of events	00440607	00440608	00441474	00440609
115	(zzzzs)	Electricity exchange service	00440610	00440611	00441475	00440612
116	(zzzzt)	Copyright service â€“ transfer temporarily/ permit use or enjoyment	00440613	00440614	00441476	00440615
117	(zzzzu)	Special services provided by builders	00440616	00440617	00441477	00440618
118	(zzzzv)	Restaurant service	00441067	00441068	00441478	00441069
119	(zzzzw)	Service of providing accommodation in hotels, inn, guest house, club or campsite whatever name called.	00441070	00441071	00441479	00441072
120		Other taxable services [ services other than the 119 listed above]	00441480	00441481	00441485	00441482

SERVICE TAX REGISTRATION FORM AMENDED TO INCLUDE ACCOUNTING CODES

2013-01-07T21:27:00.003-08:00

Amendment in Form ST-1 consequent to restoration of accounting codes

NOTIFICATION NO 48/2012 – Service Tax Dated: November 30, 2012

In exercise of the powers conferred by sub-section(1) read with sub-section (2) of Section 94 of the Finance Act, 1994( 32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax Rules, 1994, namely:-

1. (1) These rules may be called the Service Tax(Fifth Amendment) Rules, 2012.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Service Tax Rules, 1994, in Form ST-1,-

“a) in serial no.7, for the table, the following table shall be substituted, namely:-

S.No	Description of taxable service( Choose from ANNEXURE)
(1)	(2)

F.No 137/22/2012-Service Tax

(Rajkumar Digvijay)
Under Secretary to the Government of India

Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 2/94-ST, dated 28th June, 1994 vide number G.S.R 546(E), dated the 28th June, 1994 and was last amended by notification No 48/2012- Service Tax, dated the 28th September, 2012 , vide GSR 732 (E) dated the 28th September 2012.

EXTENSION OF VAT AUDIT DATE

2012-11-09T06:10:00.002-08:00

Due date of VAT Audit extended to 15.01.2013. It is officially approved by Finance Minister of Maharashtra..

Notification will be issued by Sales Tax Department very Shortly.

Is there any Penalty for non-filing of Quarterly Service Tax return??

2012-10-29T05:39:00.001-07:00

ACES has started accepting Service Tax (ST-3) returns for the period April to June 2012 revising the earlier forms by removing few bugs. The extended time to file now is till 25th Nov for Apr to Jun 12 ST Returns. A return for July to September 2012 is still undergoing some structural changes.

Though extended time has been granted, returns are no more half yearly and converted to quarterly period in line with approach to GST. However, is change in period of ST return linear/consistent with current ST Law? I suppose the light shall be glared on existing penal provisions. Section 77 charges penalty on non-filing of returns maximum up to Rs. 20,000/-. In just recent past, this provision was amended from penalty of Rs. 2,000/- to Rs. 20,000/- for a half yearly return and adding fuel to the gravity of penalty, it may be chargeable for a quarterly return now on wards resulting in to person failed to file ST return might be incurring Rs. 80,000/- per year (could be for NIL returns as well. Note: - though there are specific powers to the Superintendent to waive penalty in case of bonafide reasons for non-filing of NIL returns, hardly these provisions are put in practice).

This inconsistency in law can lead to serious financial damage on tax payers and needs close revision by drafting authority.

RETURN FILING OF SERVICE TAX DATE EXTENDED

2012-10-16T20:48:00.001-07:00

SERVICE TAX RETURN DUE DATE EXTENDED FROM 25TH OCTOBER, 2012 TO 25TH NOVEMBER

As per the following notification time to file service tax return is extended from 25th Oct. to 25th Nove.

F.No.137/99/2011-Service Tax

New Delhi, the 15th October, 2012

ORDER NO: 3/2012

In exercise of the powers conferred by sub-rule(4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise & Customs hereby extends the date of submission of the return for the period 1st April 2012 to 30th June 2012, from 25th October, 2012 to 25th November,2012.

The circumstances of a special nature which have given rise to this extension of time are as follows:

a) ACES will start releasing the return in Form ST3 in a quarterly format, shortly before the due date of 25th October,2012.

b) This will result in all the assesses attempting to file their returns in a short time period, which may result in problems in the computer network and delay and inconvenience to the assesses.

(S.M. Tata)

Commissioner Service Tax

Central Board of Excise and Customs

Service Tax on Textile Processing

2012-10-07T21:19:00.001-07:00

Service Tax on Textile Processing w.e.f. 01.07.2012

Q. Whether Service Tax is applicable on various job work processing involved in garmenting i.e. from the stage of Yarn to Garment e.g. yarn dyeing, fabric dyeing, fabric bleaching, washing, fabric or garment dyeing; embroidery; printing; CMT; finishing; packing; other garment etc.

ANSWER :-

a) As per Clause(f) of Sec. 66D of Negative List of services "any process amounting to manufacture or production of goods on which duties of excise are leviable" is not service taxable

b) As per Sl. No. 30 of Notification of 25/2012 -Service Tax dated 20/06/12 printing & textile processing are exempted when carried out as an intermediate production process as a jobwork.

c) As per Sl No. 30 (c) of Notification of 25/2012 -Service Tax dated 20/06/12 service tax is exempted on job work in relation to any goods on which appropriate duty is payable by the principal manufacturer

· * Process amounting to manufacture on which duties are leviable means the process which changes the classification of the resultant product into a classification other than the classification of input product e.g. grey yarn is classified under S.H 5205.11.10 of CET and dyed yarn classified under S.H. 5205.11.30 of CET are different products and therefore conversion of grey yarn into dyed yarn is a process of manufacture for Negative List of Clause (f) of Sec. 66D whereas Mens' Shirt made of cotton falls under S.H. 6205.20.00 of CET before and after washing or dyeing or bleaching or embro. etc. and therefore these processes are not amounting to manufacture and therefore are not a part of aforesaid Clause (f) of Negative List under Sec. 66D.

Jobwork of garment packing is also covered as it is necessary to make the garment marketable

· * The word "Textile" is not defined either in Service Tax or in Excise Act. As per various Dictionaries "Textile" means a cloth specially one manufactured by weaving or knitting; a fabric or fibre or yarn for weaving or knitting into cloth. As per dictionary meaning Apparels / Garment cannot be said to be covered under the word 'Textile'.

Sec. XI of Central Excise Tariff has been given a heading namely "Textiles and Textile Articles" meaning thereby Excise Law identifies Textile and Textile Articles separately but the word 'Textile' cannot draw a meaning from this heading not to include Textile Articles.

The word is well-defined under Textile Committee Act 1963 under Sub-Sec.g of Sec.2 as under :-

"Textile" means any fabric or cloth or yarn or garment or any other article made wholly or in part :-

i) Cotton; ii) Wool; iii) Silk; iv) Artificial Silk and includes fibre.

If the word is not defined in the concerned Act the definition of technical organisation or the meaning which is generally known in the tray is to be considered and therefore the definition given in Textile Committee Act becomes relevant and has to be taken into consideration.

In view of this definition any job processing done on any of the production right from fibre to the garment is textile processing and therefore exempted under Notification 25/2012 dated 20/06/12.

* Cluase 30(c) of the Notification 25/2012 ibid exempts the Service tax on Job work in relation of any goods on which appropriate duty is payable by the principal manufacture.

The word duty is not defined in service tax, ( probably it is a mistake on the part of drafting that the word duty is used instead of duty of excise and I expect a corrigendum to follow), I presume it to mean duty of excise.

Accordingly, a principal manufacturer of the Garment with a Brand name is billed for any process in relation to such Garment meant for export or for domestic clearance is not liable for service tax.

CONCLUSION - All the processes on any form of textiles whether chargeable to Excise are covered under Negative List and all the processes even if not exisable are covered under Notification 25/2012

E-TDS RETURN QUARTER-2

2012-10-06T20:15:00.003-07:00

E-TDS RETURN QUARTER-2

It's time for filing TDS/TCS quarterly statement for 2nd Quarter of FY2012-13. The due date for filing the return is 15th October 2012. File your returns well within the due and avoid last minute rush and any inconvenience thereafter.

NSDL has updated the File Validation Utility to v3.6. However the return can also be generated in FVU v3.5 and submitted till 15th October, 2012. But returns to be filed on or after 16th October, the return should be generated in FVU v3.6 mandatorily for all the returns pertaining to FY2010-11 onwards.

Also please note that 07th October is the due date for remittance of all the TDS made for the month of September 2012, pay your challans (ITNS 281) online making use of ePayment option in the software and avoid the late payment interest.

SOME IMPORTANT ASPECTS LOOKS AT THE TIME OF FILING INCOME TAX RETURN

2012-08-28T22:55:00.001-07:00

SOME IMPORTANT ASPECTS LOOKS AT THE TIME OF FILING INCOME TAX RETURN

“The hardest thing in the world to understand is the income tax.” – Albert Einstein

Income Tax – hardest to be understood by the genius of Albert Einstein, then what to say of the layman or even professionals like us. With this article I have attempted to simplify this hardest thing for better the understanding of our readers. Here I have covered items of incomes which are taxable, but unknowingly we tend to ignore, thus remain unaccountable in our return of income due to sheer ignorance. But it is important to take these into account to make your life easier.

Incomes normally missed out:

Notional income in respect of more than one house property

Under the provisions of Income Tax Act, you do not have to pay any tax in respect of a house property which is occupied by yourself or your family members. This tax benefit is available only in respect of one residential house property. However, in case you own more than one house property and all are occupied by you, you have to exercise an option to treat one of the house as self-occupied for the purpose of income tax and offer notional income in respect of the other house/s. Majority of the tax payer are under the impression that since no rent is received by them, they are not liable to pay any tax on extra house property.

In case the second house is let out, rent received in respect of that house is anyway offered for taxation. However, in case both the houses are occupied by you, ensure that you offer a notional income in respect of the house chosen by you as such. The income to be offered is an amount of rent which is expected to be received by you in respect of this property. Your Chartered Accountant will be in a position to help you in ensuring that your tax treatment of additional property is correct.

GIFTS OR OTHER BENEFITS RECEIVED BY THE PERSON CARRYING ON BUSINESS:-

Many businessmen receive tangible and valuable gifts from their business associates in the course of their business. As these are not reflected in the bank account, hence these go unreported, but these are taxable as business income. These include gift of any tangible as well intangible benefits like paid holidays etc. received from business associates in the course of business. Ensure to disclose this to your Chartered Accountant.

CAPITAL GAINS ON UNITS OF MUTUAL FUNDS SWITCHED :-

Some times due to below average performance of your investments in any scheme of mutual fund, you tend to switch these units to units under other scheme of the same mutual fund. Since the units are of the same mutual funds but of different scheme, this does not get reflected in the bank account and may escape notice of your Chartered Accountant. You may also have forgotten about these switches by the time you sit to prepare you tax return.

The switch effected by you may be in respect of units held for less than a year or for more than a year. The profit or loss on short-term units and long-term units entail different tax treatment. Even tax treatment is different between debt fund and equity oriented funds. Disclose such switch over transaction to your Chartered Accountant for proper and correct treatment of loss of profit on sale of such units.

Interest received on bank’s savings account and fixed deposits:

There are other incomes too which people normally consider as non-taxable and one of these items is interest on saving bank account. Earlier there used to be deduction available under Section 80L in respect of bank interest and therefore this income was not shown at all. But this is not the case now but people still carry this notion and omit to offer interest on saving bank for taxation.

The other items which are normally not included by the tax payers under their income is interest received on bank Fixed Deposits (FD) presuming that since TDS has already been deducted by the bank, there is no need to offer it for tax. Please bear in mind that though tax is deducted at source on interest paid on Bank FD, the rate at which TDS is deducted and the rate which is normally applicable in your case is different. The tax is deducted @ 10% where your marginal rate of tax may be 20% or 30%. It is your liability to pay the difference between the tax already deducted and the rate at which you are liable to pay tax.

Also include interest in respect of Fixed Deposit with banks which have been renewed on maturity and are not reflected in your bank accounts. Do not forget to include the income in respect of NSC etc. purchased in the earlier years.

INCOME EARNED ON INVESTMENT OF MINOR CHILD

As per the provision of Income Tax, the income earned by a minor child is required to be included in the income of the parent whose income is higher. Parents normally invest money belonging to their minor child received as gift on several occasions, in savings accounts, recurring deposit account or bank fixed deposits. The interest earned by the minor on these investments is required to be included in the income of the parent. However, please note that only income in excess of Rs. 1500 only is taxable in the hand of the parent and any income derived by each minor up to Rs. 1,500 is exempt from tax.

To conclude, I request you to include all the above items in your tax returns which are normally not disclosed due to ignorance or wrong perception.

INTEREST PAID TO THE SUNDRY CREDITORS TOWARDS LATE PAYMENT IS NOT ELIGILE FOR TDS U/S 194A

2012-08-23T21:47:00.001-07:00

INTEREST PAID TO THE SUNDRY CREDITORS TOWARDS LATE PAYMENT IS NOT ELIGILE FOR TDS U/S 194A

It is not disputed that the interest paid is not for any loan or debt incurred by the assessee but for the delay in payment of bills for purchases effected from company. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with the delayed purchase payments will not fall within the category of interest as defined in section 2(28A). The payment made by the assessee in the present appeal being of similar nature also cannot be termed as interest as defined under section 2(28A). Even without entering into the controversy as to whether the payment made on overdue bills will come within the ambit of interest as defined in section 2(28A), the assessee is also bound to succeed on its alternative argument that the entire payment having been made during the previous year relevant to the assessment year under dispute no disallowance could be made under section 40(a)(ia) in view of the ITAT Special Bench decision in the case of Merilyn Shipping & Transports v. Addl. CIT [2012] 136 ITD 23. In the afore said view of the matter, the disallowance made under section 40(a)(ia) cannot be sustained. Therefore, the Assessing Officer is to be directed to delete the same.

IN THE ITAT HYDERABAD BENCH ‘A’

Sri Venkatesh Paper Agencies (Hyd.) (P.) Ltd.

Deputy Commissioner of Income-tax, Circle-3(1), Hyderabad

IT APPEAL NO. 636 (HYD.) OF 2011

[ASSESSMENT YEAR 2005-06]

JUNE 22, 2012

ORDER

Saktijit Dey, Judicial Member – In this appeal the assessee has challenged the order dated 31.1.2011 passed by the CIT(A)-IV, Hyderabad in appeal No. 449/ DCIT-3(2)/CIT(A)-IV/07-08 pertaining to assessment year 2005-06.

2. The assessee has raised the following grounds of appeal:

1. The order of the learned CIT(A) is against law and probabilities of case.

2. The learned CIT(A) erred in assuming that amount of Rs. 3,12,600 paid by the appellant was in the nature of interest to attract the provisions of section 40(a)(ia) of the I.T. Act whereas the same is paid on delayed payment of purchases amount.

3. The learned CIT(A) erred in confirming the order of the Assessing Officer, wherein a notional interest was charged basing on the assessment proceedings for the A.Y. 2001-02 which was reverted back to the Assessing Officer by the Hon’ble ITAT and the Assessing Officer accepted the contention of the appellant, for that year. Therefore, the learned CIT(A) ought to have deleted the addition of Rs. 1,85,982.

4. The appellant craves leave to add to, amend or modify the above grounds of appeal either before or at the time of hearing of the appeal, if it is considered necessary.

3. Ground Nos. 1 and 4 are general in nature and need no adjudication.

4. Ground No. 2 relates to disallowance of Rs. 3,12,600 u/s. 40(a)(ia) of the Act.

5. Briefly, the facts of the issue are that the assessee is engaged in the business of paper and boards. For the assessment year under dispute the assessee filed return of income on 1.11.2005. Subsequently, a revised return was filed on 20.12.2005 claiming credit for enhanced TDS. In course of assessment proceedings, the Assessing Officer on examination of books of account found that the assessee has claimed interest payment of Rs. 3,12,600 to M/s. Sinermas Pulp & Papers Ltd. without deducting tax at source. When asked to explain, the assessee contended that the amount of Rs. 3,12,600 was paid as interest on the overdue bills, therefore, no TDS was required to be deducted. The assessee contended that the payment of interest was not on a deposit or loan but on purchases. It is not required to deduct tax at source. The Assessing Officer, however, did not accept the explanation of the assessee and disallowed the sum of Rs. 3,12,600 u/s. 40(a)(ia) on the reasoning that whether the assessee paid the interest in respect of delayed payment of purchases or deposits or loans it has to deduct tax at source as per the provisions of the Act. The assessee being aggrieved of such addition, filed an appeal before the CIT(A).

6. Before the CIT(A) it was contended on behalf of the assessee that the amount of Rs. 3,12,600 pertains to the payment made on account of overdue bills and, therefore, was not in the nature of interest envisaged under the TDS provisions of the Act. In this context, the assessee relied upon a decision of the ITAT Delhi Bench in the case of Delhi Development Authority v. ITO [1995] 52 TTJ 107/53 ITD 19 wherein the ITAT while considering the case of compensation paid to the allottees on account of delay in construction of dwelling units held that it is not within the nature of interest as defined u/s. 2(28A) of the Act. The CIT(A), however, came to held that the definition of the term interest as given in section 2(28A) of the Act would mean interest payable in any manner in respect of any monies borrowed or debt incurred including a deposit, claim or other similar right or obligation and includes any service fee and other charges in respect of the monies borrowed or debt incurred in respect of any credit facility which has not been utilised. The CIT(A) held that the definition of interest is wide enough to take within its ambit the debt owed by the assessee on account of overdue bills. On the aforesaid finding, the CIT(A) sustained the addition and dismissed the ground raised by the assessee.

7. The learned AR contended before us that the interest paid by the assessee is nothing but in the nature of a trade payment. He also contended that for delay in making payment to the sellers, the assessee has to pay interest on the overdue bills. Thus, it is a part of the trade payment constituting the sale price of the commodity purchased. In support of such contention, the learned AR relied upon the decision of ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302/12 taxmann.com 37. In the aforesaid decision the ITAT Ahmedabad Bench on considering the definition of the term interest as envisaged in section 2(28A) has held in the following manner:

“12. In the light of the overall discussion made hereinabove, we are of the view that the impugned payment had a direct link and immediate nexus with the Trade liability being connected with the delayed purchase payment, hence, did not fall within the category of “Interest” as defined in Sec. 2(28A) of the I.T. Act for the purpose of deduction of Tax at Source as prescribed u/s. 194A of the Act. Resultantly, this assessee cannot be held a defaulter of non-deduction of tax at source u/s. 194A of the Act. The Learned CIT(Appeals) has rightly reversed the findings of the Assessing Officer. Ground raised of the Revenue is, therefore, dismissed.”

8. In the alternative, the learned AR contended that even if the amount paid is to be held as interest coming within the definition of section 2(28A), then also no disallowance could be made u/s. 40(a)(ia) in view of the ITAT Special Bench decision in the case of Merilyn Shipping & Transports v. Addl. CIT [2012] 136 ITD 23/20 taxmann.com 244 (Visakha.) since the entire amount was paid by the assessee within the relevant previous year.

9. The learned DR, on the other hand, supported the orders of the Revenue authorities.

10. We have heard rival contentions and perused the material on record. It is not disputed that the interest paid of Rs. 3,12,600 is not for any loan or debt incurred by the assessee but for the delay in payment of bills for purchases effected from M/s. Sinermas Pulp & Papers Ltd. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged u/s. 2(28A) of the Act. As seen from the order of the ITAT Ahmedabad Bench in the case of Parag Mahasukhlal Shah (supra) the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with the delayed purchase payments will not fall within the category of interest as defined in section 2(28A) of the Act. The payment made by the assessee in the present appeal being of similar nature also cannot be termed as interest as defined u/s. 2(28A) of the Act. Even without entering into the controversy as to whether the payment made on overdue bills will come within the ambit of interest as defined in section 2(28A), the assessee is also bound to succeed on its alternative argument that the entire payment having been made during the previous year relevant to the assessment year under dispute no disallowance could be made u/s. 40(a)(ia) in view of the ITAT Special Bench decision in the case of Merilyn Shipping & Transports (supra). In the aforesaid view of the matter, the disallowance of an amount of Rs. 3,12,600 made u/s. 40(a)(ia) cannot be sustained. We, therefore, direct the Assessing Officer to delete the same. The ground raised by the assessee is allowed.

11. Ground No. 3 relates to an addition of Rs. 1,85,982. Brief facts of the case are that in course of scrutiny assessment proceedings, the Assessing Officer found that the assessee had given an interest free advance to M/s. Sri Sant Kripa Textiles Pvt. Ltd. Out of the said advance, an amount of Rs. 10,33,234 remained due from the said party. The assessee contended before the Assessing Officer that the interest free advance was made long back. The Assessing Officer found that the assessee has borrowed funds and was paying substantial amount towards interest. The Assessing Officer, therefore, disallowed the interest paid by the assessee on borrowals on proportionate basis by estimating the interest at 18% on Rs. 10,33,234 and disallowed an amount of Rs. 1,85,982. The assessee challenged the addition by filing an appeal before the CIT(A).

12. The CIT(A) came to a conclusion that the assessee was not able to produce any evidence to establish the fact that the recovery of the amount advanced to M/s. Sri Sant Kripa Textiles Pvt. Ltd. was in doubt. The CIT(A) observing that, had the assessee not advanced such amount to the sister-concern it would not have been required to pay interest on borrowings to that extent. He upheld the action of the Assessing Officer. He, however, directed the Assessing Officer to restrict the proportionate interest at the average rate of borrowings by the assessee for the year or maximum amount of debit of interest whichever is lower.

13. The learned AR contended before us that similar issue was subject matter of appeal before the ITAT in earlier assessment years i.e., A.Y. 2002-03 in ITA No. 917/Hyd/2006. The ITAT after considering all aspects in its order dated 29.2.2008 restored the matter back to the Assessing Officer to decide again after examining the contentions of the assessee. The Assessing Officer in the re-assessment order consequent to the order of the ITAT accepted the assessee’s contentions and no addition of proportionate interest was made in respect of interest free advances made to M/s. Sri Sant Kripa Textiles Pvt. Ltd. Again for the A.Y. 2000-01 and 2001-02, the ITAT in ITA No. 921/Hyd/208 and ITA No. 955/Hyd/2008 dated 20.6.2009 restored the matter back to the Assessing Officer for re-examining the issue of addition of proportionate interest in respect of interest free advance to M/s. Sri Sant Kripa Textiles Pvt. Ltd. In the consequential order passed by the Assessing Officer, no addition of proportionate interest was made with regard to interest free loan of Rs. 10,39,328 on the interest free advance to M/s. Sri Sant Kripa Textiles Pvt. Ltd.

14. The learned DR relied on the orders passed by the Revenue authorities.

15. We have heard rival contentions and perused the material on record. It is seen from the earlier order passed by the ITAT that similar issue of addition of proportionate interest on interest free advance to M/s. Sri Sant Kripa Textiles Pvt. Ltd. cropped up for the A.Ys. 2000-01, 2001-02 and 2002-03. The ITAT for all the above assessment years restored the matter back to the Assessing Officer for re-examining the entire issue after considering the claim of the assessee. The orders of the Tribunal are at pages 5 and 17 of the Paper Book. It is seen from the order passed by the Assessing Officer consequent to the orders of the ITAT which are at pages 1 and 4 of the Paper Book, that the Assessing Officer has not made any addition of proportionate interest on the interest free advance to M/s. Sri Sant Kripa Textiles Pvt. Ltd. This being the position for the earlier assessment years, in our view no addition is called for on the self same interest free advance made to M/s. Sri Sant Kripa Textiles Pvt. Ltd. We, therefore, direct the Assessing Officer to delete the addition of Rs. 1,85,982. The ground raised by the assessee is allowed.

16. In the result, appeal of the assessee is allowed.

TRP EXAMINATION APPLICATION

2012-08-19T20:44:00.001-07:00

TRP EXAMINATION APPLICATION

The Income Tax Department has announced for training of a fresh batch (Batch-II) of 5000 graduates as Tax Return Preparers (TRPs) across the country. The last date for submitting online application is August 20, 2012. The TRPs are authorized to prepare Income Tax Return for Individual and HUF taxpayers. The cost of training will be borne by the Income Tax Department. However, the training or certification does not entail any right for Government Employment for the successful candidates.

AMENDMENT IN FEW SECTION OF MVAT ACT

2012-08-09T22:38:00.001-07:00

AMENDMENT IN FEW SECTION OF MVAT ACT

8^thfloor, Vikrikar Bhavan, Mazgaon, Mumbai-400010.

TRADE CIRCULAR

No. VAT /AMD-1012/IA/ADM-8 , Mumbai – Date -06.08.2012

Trade Circular No. 13T of 2012

Sub Amendment to the certain Laws administered by the Sales Tax Department.

Ref. (1) Maharashtra Act No. VIII of 2012 dated 25th April 2012.

(2) Notification No. VAT.1512/C.R.65/Taxation-1 dated 4^thJuly 2012.

Gentlemen/ Sir/Madam,

To give effect to the Budget proposals, a Bill (Legislative Assembly Bill No. XVII of 2012) to amend the Maharashtra Sugarcane Purchase Tax Act, 1962, the Maharashtra State Tax on Professions, Trades, Callings and Employment Act, 1975, the Maharashtra Tax on Entry of Motor Vehicles into local Areas Act, 1987, the Maharashtra Tax on Luxury Act, 1987, the Maharashtra Tax on Entry of Goods into local Areas Act, 2002 and the Maharashtra Value Added Tax Act, 2002 was introduced in the Legislature. The said Bill has been passed by both the houses of the Legislature. The Act is now published in the Maharashtra Government Gazette dated 25th April 2012. (Mah. Act No. VIII of 2012).

2. Amendments effected by the Maharashtra Act No. VIII of 2012. •

The salient features of the amendments are briefly explained below:

(A) Amendments to the Maharashtra Sugarcane Purchase Tax Act, 1962.-

Amendment of section 12B‑

(1) The section 12B empowers the State Government to provide for exemption from sugarcane purchase tax under circumstances specified in this section.

(2) A new clause (d) is added. This empowers the State Government to exempt either fully or partly the payment of the sugarcane purchase tax in respect of the factories which have established co-generation unit for the generation of electricity from the byproducts of the factory.

(B) Amendments to Maharashtra State Tax on Professions, Trades, Callings and Employment Act, 1975:-

1. Amendment of section 3.‑

(1) Section 3 provides for the levy of the Tax. Sub-section (2) is amended and after second proviso a third proviso is added.

(2) According to the existing provisions of sub-section (2), every person who is engaged in any professions, trades, callings or employment and who falls under the given class or classes mentioned in the Schedule is required to pay tax.

(3) Further, sub-section (2) of section 5 provides that every person liable to pay tax shall obtain a certificate of enrollment.

(4) However, it is experienced that there are large number of un-enrolled persons who do not get enrolled because of their liability for all the earlier periods. It is now provided that the liability to pay tax for the un-enrolled period shall be restricted to eight years.

(5) The period of eight years shall be computed from the end year immediately preceding the year in which he has obtained enrollment certificate. Or in the cases where proceedings are initiated by the department against such person for enrollment, then eight years shall be computed from the end of the year preceding the year in which such proceedings were initiated.

Eg. (a) If a person is self employed with effect from 1^stApril 2000 however he makes an application for enrollment on 1^stJune 2012 then in this case the said person will be required to pay taxes with effect from l^atApril 2004.

(b) The said person will get the benefit of this amendment and will be eligible for exemption in respect of taxes prior to l^etApril 2004.

2. Amendment to section 6.‑

The section 6 provides for filing of the returns by every registered employer. The amendments to this section are explained below:-

(1) Amendment of sub-section (3):‑

(a) Sub-section (3) provides the penalty of Rs.300/- per return for failure to file a return within prescribed time.

(b) This sub-section (3) is amended. The amendment provides for late fee of Rs. 1000/- for failure to file a return within the prescribed time.

(c) Accordingly, an employer shall make the payment of late fee of Rs. 1000/- for each default and the said amount shall be paid on or before filing of the return for the default period.

(d) The State Government has appointed the 1^stAugust 2012 to be the date on which this sub-section would be operative. Therefore, the provisions of this sub-section shall be applicable with effect from 1^StAugust 2012.

(e) The employer shall be liable to pay late fee in respect of all the late returns that are filed on or after the 1^5tAugust 2012.

(f) In other words late returns that are filed on or before 31^st July 2012, the old provision of sub-section (3) will remain in force.

(2) Addition of new sub-section (4):- Earlier there was no provision to file the revised returns under the Profession Tax Act. A new sub-section is added which enables filing of the revised return. The revised return may be filed under following circumstances:

(a) If an employer discovers any omission or incorrect statement in the return filed by him, then he may file a revised return within six months of the end of the year containing the period of return/ or before the notice for assessment is served on him in respect of the period covered by the said return, whichever is earlier.

(b) If on receipt of intimation as a result of audit or inspection (i.e. search and seizure u/s 18) by the Profession Tax Authority, the dealer agrees with the finding contained in such intimation, he may file a revised return within thirty days from the date of receipt of intimation.

3. Amendment of section 19.‑

(1) The section 19 provides for the refund of the excess payment, if any.

(2) A technical amendment is carried out so as to include employer.

(C) Amendments to the Maharashtra Tax on Entry of the Motor Vehicles into Local Areas Act, 1987.

1. Amendment of Section 2 clause (b), section 9A and section 13:‑

Appointment of appellate authority is provided under section 5 A reference to section 6 instead of section 5 is being made in the above sections. In order to correct this obvious mistake an amendment is made and the said reference is now substituted by section 5.

2. Amendment to clause (I) and (g) of section 2 and to Section 3:- A technical amendment is carried out to above provisions. Now in addition to “the use or sale”, the word “consumption” is added.

3. Addition of new section 7A.‑

(1) New section 7A is inserted. This provides for electronic filing of returns and payment of tax, interest penalty or any other amount payable electronically.

(2)This section further empowers the Commissioner to notify the class or classes of importers who shall file return and make payment under the Act electronically. The section also provides for submission of appeal, application, annexure and such other document as may be desired by Commissioner in an electronic form

(3) In addition to this, the Commissioner may by notification amend any form or introduce new form of returns, applications, annexures, etc. that are required to be filed in electronic form

(D) Amendments to the Maharashtra Tax on the Entry of Goods into Local Areas Act, 2002.

1. Amendment to the SCHEDULE appended to the Act.

(1) The amendments to the various entries in the SCHEDULE are carried out. The SCHEDULE under the Entry Tax on Goods is amended and is now aligned with the corresponding SCHEDULE entries under the Maharashtra Value Added Tax Act, 2002.

(2) Now, the rate of tax under Entry Tax Act shall be as per the rate of tax provided on the similar goods under the MVAT Act as amended from time to time.

2. Addition of New Entry-16: A new entry 16 for Natural Gas is added. The rate of tax in respect of Natural Gas with effect from 1st May 2012 will be 12.5%. This will include natural gas in all forms such as CNG, PNG, LNG.

(E) Amendments to the Maharashtra Value Added Tax Act, 2002:‑

1. Amendment to Section 2:‑

Addition of New clause (15A) and (17A):-

(1) The clauses (15A) and (17A) are inserted with retrospective effect i.e. with effect from 1st April 2005.

(2) The Act at many places refers to the term^. “Motor Spirit” and “Petroleum Products”. In order to provide clarity, these terms are now defined.

(3) Accordingly, it has been provided that “Motor Spirit” shall include High Speed Diesel Oil, Aviation Turbine Fuel (Duty paid and Bonded), Aviation Gasoline (Duty paid and Bonded) and Petrol.

(4) Whereas the Petroleum Products shall include Superior Kerosene Oil (SKO), Liquefied Petroleum Gas (LPG), Furnace Oil (FO), Light Diesel Oil (LDO), Raw Naptha or Naptha, Low Sulphur Heavy Stock.

(5) In addition to this, the State Government has also taken powers to notify any product as Motor Spirit or Petroleum Product.

2. Introduction of Purchase Tax.

(1) Purchase tax has been introduced for the first time in the MVAT Act. The State legislature provided purchase tax only in respect of two commodities, namely cotton and oil seeds. Accordingly sections 6A and 6B are inserted.

(2) Section 6B which is in respect of Oil seeds has been notified to be effective from 1^st May, 2012.

(3) Whereas section 6A in respect of levy of purchase tax on cotton is yet to be notified. Since section 6A is not notified, all the amendments made to various provisions in respect of purchase tax, will have to be read in respect of oil seeds only.

(4) As a consequence of introduction of purchase tax the amendments to relevant sections are carried out. These amendments are explained below:-

(a) Amendment of clause (29) of section 2:‑

(i) Clause (29) defines the term “tax”. At present “tax” means the Sales Tax leviable or payable.

(ii) As a result of this amendment, the term “tax” shall mean the Sales Tax or Purchase Tax leviable or payable.

(b) Amendment of section 3:‑

(1) Amendment of sub-section (2):‑

(a) This sub-section provides that a dealer is not liable to pay sales tax till his turnover of sales in a year, does not exceed prescribed limit.

(b) On the similar lines, this sub-section is amended to provide for exemption from purchase tax on turnover of purchases of Oil seeds, in a year, till such turnover exceeds prescribed limit.

(ii) Amendment to sub-section (3):‑

(a) This sub-section deals with the continuance of the liability to pay tax till the cancellation of registration certificate.

(b) Amendment is made to include the turnover of purchases liable for purchase tax.

(iii) Amendment to sub-section (4):‑

(a) This sub-section prescribes the limit of turnover of sales. Every dealer whose turn-over of sales exceeds the prescribed limit will become liable to pay tax.

(b) In view of the amendment, the dealer whose turnover either of the sales or purchases exceeds the prescribed limit in respect of purchases of oil seeds from a person or dealer who is un-registered will become liable to pay purchase tax, if the oil seeds are transferred to branches or to own place of business or agent outside the State or if the oil seeds are used in manufacturing of tax-free goods or in the manufacturing of taxable goods, which are sent outside the state other than by way of sale,

(iv) Addition of New sub-section (5A):‑

(a) A new sub-section (5A) is inserted. For calculating the limit of turnover of sales for liability to tax certain contingencies are given in sub-section (5) under which the turnover of sales is to be considered.

(b) The contingencies given in sub-section (5) shall be applicable for calculating the limit of turnover of purchases of oil seeds.

(c) Insertion of New Sections for levy of Purchase Tax.- In order to levy purchase tax in respect of Cotton and Oil seeds subject to the conditions of the charging section 6A and 6B, consequential amendments to provisions of other sections have been made. These sections alongwith the charging sections are discussed as follows:

(1) Insertion of New Section 6A.‑

(a) Section 6A deals with the levy of purchase tax on the URD purchase of Cotton. This purchase tax is to be levied under the circumstances given in this section.

(b) However, section 2(a) of the Amendment Act provides that provisions of section 6A shall come into force from such date as the State Government, may appoint in this behalf. As of today, the State Government has not appointed any date for the purpose of this section. Hence, this section has not come into force. Till such time the purchase tax as provided under this section will not be levied in respect of the purchases of cotton.

(ii) Insertion of New Section 6B.‑

(a) Section 6B deals with the levy of purchase tax on URD purchases of Oil seeds subject to the given circumstances.

(b) As provided in section 2(a) of the Act No. VIII of 2012, the provisions to levy Purchase Tax on oil seeds have come into effect from 1^stMay 2012.

(c) This section provides for the levy of purchase tax on the purchases of oil seeds from an un-registered dealer or person, under following circumstances:-

(I) if the purchases of Oil Seeds from un-registered dealer or person are dispatched outside the State other than by way of sale to his branch or agent.

(H) if the purchases of oil seeds from un-registered dealer or person are used in the manufacturing of,‑

(A) taxable goods and the said goods are dispatched outside the State to his branch or agent, or

(B) tax-free goods.

(d) Purchase tax under this section will become payable in the month in which the contingencies referred in point (c) and (d) above occur. In other words, purchase tax will not be payable merely because the oil seeds are purchased from un-registered dealer, but it will become payable only on the fulfillment of the contingencies as explained above.

(e) Provision for the set-off in respect of the purchase tax is made in the rules.

(v) Amendment of Section 45:

(a) Section 45 deals with the liability of the agent to pay tax on behalf of the principal.

(b) This section is amended so as to cast liability in certain contingencies on certain agents to pay sales tax or, as the case may be, purchase tax on behalf of the principal.

(vi) Amendment of section 94:‑

(a) This section deals with the deemed payment for holder of the Entitlement Certificate under the deferral scheme.

(b) In view of the provision for levy of purchase tax, a consequential amendment is carried out.

3. Amendment of Section 8(3):‑

(1) Sub-section (3) is amended to include co-developer. Further, the Explanation to clause (e) is amended and the terms Developer and Co-developer in respect of Special Economic Zone are defined.

(2) Such Developer or Co-developer will be required to be certified by the Commissioner of Sales Tax.

(3) The notification in this respect has not been yet issued.

4. Amendment to Section 8(3C):- Textile Processors:

(1) The section 8(3C) provides for the exemption of tax to the textile processors in respect of the material transferred in the execution of works contract. This exemption is available to the textiles/fabrics as covered by the 1^st Schedule to Additional Duties of Excise (Goods of Special Importance) Act, 1957.

(2) The Schedule to ADE Act was amended by Finance Act of 2011 and is made effective from 8^thApril 2011. As a result of which textile processors in respect of transfer of material in the execution of works contract became liable to tax.

(3) Accordingly, amendment provides that the reference to ADE Act, 1957 shall mean the ADE Act as it stood before the Finance Act of 2011. (i.e. before omission of First Schedule of ADE Act,).

(4) The effect of the amendment is that with effect from 1st May 2012 the textile processors will be exempted from tax in respect of the material transferred in processing of textiles that are described in column (3) of the First Schedule of ADE Act as it stood immediately before the 8^thApril 2011.

(5) Needless to say, for the intervening period starting from 8t^h April 2011 to 30^th April 2012 the activity of textile processors in respect of transfer of material in the execution of works contract will attract tax.

5. Amendment of Section 20:‑

(1) A new sub-section (6) is added. At present, the section 29(8) provides for levy of penalty of Rs.5000/- for failure to file a return within the prescribed time.

(2) The amendment provides that any dealer or person who fails to file return within the prescribed time will now be liable to pay a late fee of Rs. 5000/-.

(3) The State Government has appointed the 1^stAugust 2012 to be the date on which this sub-section would be operative. Therefore, the provisions of this sub-section shall be applicable with effect from 1^stAugust 2012.

(4) The dealer shall be liable to pay late fee in respect of all the late returns that are filed on or after the 1^stAugust 2012.

(5) In other words late returns that are filed on or before 31^•t July 2012, the old provisions of section 29(8) will remain in force.

6. Amendment of Section 26:‑

(1) This section is in respect of appeals before the appellate authority or Tribunal. In order to facilitate speedy disposal of appeals, certain measures are proposed.

(2) Sub-section (6) provides for admission of appeal and stay to order appealed against on part payment of disputed amount. A proviso has been added to sub-section (6). It is applicable to all appeals filed either before departmental appellate authorities or the Tribunal.

(3) The amended provisions shall be applicable in respect of all the appeals that filed on or after this amendment or are pending as on 1^stMay 2012.

(4) It is now provided that, where an appellant seeks adjournment on three occasions or fails to attend the appeal proceedings on three occasions whether consecutive or not, the stay, if any, granted against the disputed amount shall stand vacated (when the appellant seeks third adjournment or if fails to attend for third time) unless the appellant pays 15 percent of the disputed amount or Rupees 15 crore, whichever is less, as part payment, within the time stipulated by the appellate authority or Tribunal.

(5) The three occasions for non attendance or adjournment, in case of pending appeals, shall be counted with effect from 1^stMay 2012. The appellant will get the benefit of three adjournments at the first appellate stage as also at Tribunal Stage.

(6) In other words, if the appellant takes any adjournment or fails to attend on or after 1^stMay 2012, the said adjournment(s) or failure to attend shall be taken into consideration so as to count three occasions.

(7) An explanation is added to the proviso to clarify that the above ceiling of 15 per cent. or 15 Crore shall also include the part payment already made against disputed dues. Thus if 10% part payment was made at the time of admission of appeal, then additional 5% of disputed dues will be payable under this proviso for continuation of stay.

(8) If the appellant fails to pay the amount within the time stipulated by the appellate authority or tribunal, the stay to recovery shall stand vacated. If the amount is paid within the time given by the appellate authority, the stay shall continue. The appellate authority or Tribunal shall accordingly pass such orders modifying or vacating the earlier stay.

(9) This order for additional part payment is made non-appealable.

(10) Needless to say that where part payment at the time of admission is already made at 15% of the disputed amount or Rs.15 Crore, whichever is less, then this proviso will not come into picture.

7. Addition of new section 26A:-

(1) A new section 26A is added to empower the Commissioner to decide and regulate the filing of the appeal before the Hon’ble High Court. This section is similar to section 268-A under the Income Tax Act. Presently, in each case, where the decision of the Tribunal is not accepted by the department, appeal is required to be filed to the Hon’able High Court. This results in large number of appeals being filed, even on the same issue and even for insignificant revenue involved.

(2) For this purpose, the Commissioner is empowered to issue orders, instructions or directions and fix the monetary limit in respect of which an appeal to the Hon’ble High Court may or may not be filed.

(³) Further, if the Commissioner decides not to file appeal or to file appeal in respect of a particular issue or a dealer, then this decision will not preclude the Commissioner from filing the appeal in respect of the same issue or the same dealer for any other period

(4) In the event the Commissioner has not filed any appeal as stated above and the issue is already in appeal in some other case, the appellant in that particular case in which appeal is not filed, will not be liable to contend that the Commissioner has given assent in the issue and hence, the department is barred from contesting the issue involved.

(5) The instructions, directions and orders to be issued under this section and modalities of operation of this section will be issued in due course.

8. Amendment to section 29:‑

(1) Addition of new sub-section (2A):

(a) Penalty for failure to apply for registration etc (for Unregistered dealer). A new sub-section (2A) is added. The amendment provides that a dealer, who fails to apply for registration or carries business without obtaining registration and in contravention of the provisions of the Act, shall be liable to pay a penalty of a sum equal to the amount of tax payable by the said dealer for the period during which he has remained un-registered.

(b) For this purpose, the Commissioner shall provide an opportunity of being heard.

(2) Deletion of sub-section (8):

(a) Sub-section (8) provided for the levy of penalty for failure to file a return within the prescribed time. As discussed above, section 20 is amended and a late fee of Rs. 5000/ – is provided for failure to file a return within the prescribed time.

(b) This sub-section is deleted with effect from 1^stAugust 2012.

(c) In respect of the belated returns filed on or before 31^st July 2012 the provision of sub-section (8) of section 29 shall be applicable.

9. Addition of new section 31A:

(1) A new section is added to empower the State Government to issue a notification,-

(a) so as to require any person, local body, authority or agency to collect an amount towards tax.

(b) so as to notify the rate at which such collection shall be made [see sub-section (2)].

(2) This section is divided into two parts.‑

(a) Clause (a) provides that if any person, local body, authority or agency auctions the right for excavation of sand under their jurisdiction, then he shall collect, from the successful auction purchaser, an amount towards tax at the rate notified by the State Government.

(b) Clause (b) provides that any person, local body, authority or agency who has temporary possession or control over the goods that would be notified, then, pending the clearance of the said goods by the purchaser or consignee, he shall collect from the said purchaser or consignee an amount at the rate notified by the State Government.

(3) The amount so collected shall be in addition to the amount fixed towards auction of sand or, as the case may be, for clause (b) towards any charges recoverable by the said authority. The amount so collected shall be paid into Government Treasury in the manner prescribed under rule 41 and rule 45.

(4) The authority shall issue a certificate in Form 421 to the effect of tax collected at source to the auction purchaser or dealer from whom it is so collected.

(5) If the aforesaid person or authority deposits the amount so collected into Government Treasury, then such purchaser shall be deemed to have been discharged the tax liability to the extent of the said amount and may adjust the amount towards his tax liability in the return for that period.

(6) The notification in this respect has not been yet issued.

10. Amendment of Section 41:

(1) Sub-section (4) of section 41 is amended. A new clause (c) is added.

(2) By addition of this clause, the State Government is empowered to issue notification and exempt payment of the tax payable either fully or partly on the sales of furnishing cloth as covered under entry 101 of SCHEDULE C.

(3) The exemption proposed to be provided shall be in respect of all sales except the sales made at last point.

(4) The notification under this sub-section has yet not been issued.

11. Amendment of section 59:‑

(1) Section 59 empowers the Commissioner to transfer any proceeding from one authority to another.

(2) This sub-section is amended to include Raigad district in addition to Brihan Mumbai and Thane. The Commissioner, now will not be required to give a hearing for transfer of proceedings from Brihan Mumbai or Thane to Raigad or vice-versa.

12. Amendment of section 86:‑

(1) Section 86 provides for tax invoice and memorandum of sales or purchases. Sub-section (1) and (3) provides a time period for preservation of invoice, bill, cash memorandum etc. upto three years. This period is increased to “eight years”

(2) This amendment is carried out with effect from 1^stApril 2005.

13. Amendments so as to give effect to the Re-organization of the Sales Tax Department.

(1) The Government of Maharashtra, Finance Department had issued a Resolution dated 18^thNovember 2011 and proposed re-organization of the Sales Tax Department.

(2) This re-organization necessitated certain changes in the various Acts administered by the Sales Tax Department. The Additional Commissioner (Establishment), Maharashtra State under these Acts is designated as Special Commissioner, Maharashtra State.

(3) Further, in order to give effect to the re-organization, relevant amendments are carried out to the definition of the term Commissioner so as to include a Special Commissioner.

(4) Similar amendments are carried out in the other Acts administered by the Department except the Sugarcane Purchase Tax Act and the Chit Fund Act.

3. This circular cannot be made use of for legal interpretation of provisions of law as it is clarificatory in nature. If any member of the trade has any doubt, he may refer the matter to this office for further clarification.

4.You are requested to bring the contents of this circular to the notice of the members of your association.

Yours faithfully,

(SANJAY BHATIA)

Commissioner of Sales Tax,

Maharashtra State, Mumbai.