Electronic filing of first appeal before CIT(Appeals)

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

PRESS RELEASE

New Delhi, 30th December, 2015

Subject: Electronic filing of first appeal before CIT(Appeals) – reg.

It is the endeavour of the Income tax Department to digitise various functions of the

Summary of the Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014 (GST)

The Constitution (One Hundred and Twenty- Second Amendment) Bill, 2014 was introduced in the

Lok Sabha on December 19, 2014 which seeks to amend the Constitution to introduce the goods and 

services tax (GST). Consequently, the GST subsumes various central indirect taxes including the 

Central Excise Duty, Countervailing Duty, Service Tax, etc. It also subsumes state value added tax, 

octroi and entry tax, luxury tax, etc.

Accounting code for payment of Swachh Bharat Cess

Swachh Bharat Cess is leviable on all taxable services, other than services which are fully exempt from Service Tax or services which are otherwise not liable to Service Tax under section 66B of the Finance Act, 1994, at the rate of 0.5% [notification No.22/2015-ST, dated 6^th November, 2015 refers].

Accordingly, accounting codes have also been allotted by the Office of the Controller General of Accounts for the new Minor Head “506-Swachh Bharat Cess” and new Sub-heads as under:

Swachh Bharat Cess on Taxable Services w.e.f. 15-11-2015

Central Boar of Excise & Custom i.e. CBEC on the eve of Deepawali (i.e. on 6^th November)  notified that Swachh Bharat Cess would be applicable @ 0.5% on value of all taxable services and same shall be effective from  15^th November 2015.

Swachh Bharat Cess on services where Abatement is Available:-

What Proof can be given for Date of Birth while applying PAN Card

Following documents can submitted in support of 'date of birth' if these documents contain name, date, month and year of birth of the PAN applicant :-

(a) birth certificate issued by the municipal authority or any office authorized to issue birth and death certificate by the Registrar of Birth and Deaths or the Indian Consulate as defined in clause (d) of subsection (1) of section 2 of the Citizenship Act, 1955 (57 of 1955);  or

Filing of reconciliation return for the year 2013-14 under Delhi VAT

The last date of filing of online return in Form 9 for the year 2014-15, prescribed under Rule 4 of Central Sales Tax (Delhi) Rules, 2005 has been extended to 15 DEC 2015  

Who is required to file it:-

Compliance window under Black Money Act - An insight into

Compliance window under Black Money Act - An insight into

The Hon'ble Finance Minister in his budget speech for 2015-16 had proposed introduction of Black Money Bill in the Parliament. The Bill was passed by the Parliament in its budget session. The Bill received the assent of the President on May 26, 2015 and it became the law. It is to be called as "The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015" ("the Black Money Act"). It has been clarified by the Government that such Black Money Act would be applicable from July 1, 2015.

How to come clean under Compliance window Make declaration of foreign asset or income on or before Sept 30, 2015. Person making declaration has to pay penalty and taxes on or before Dec 31, 2015.

No Interfere by Hon'ble H.C in extension of due date

a) The petitioner claims to be entitled to extension of due date of filing income-tax return (‘ITR’) (i.e., September 30, 2015) due to the delay on the part of the respondents in prescribing the ITR forms.

b) It was contended that the said forms were prescribed only vide Notification dated 29th July, 2015 and were made available only with effect from August 7, 2015. The argument of the counsel for the petitioner was that since the Assessment Year 2015-2016 commenced on 1st April, 2015 and the due date for filing the return is 30th September, 2015, so 180 days are to be made available to the assessee to file the return.

The Delhi High Court held as under:

Compliance window under Black Money Act

The Hon'ble Finance Minister in his budget speech for 2015-16 had proposed introduction of Black Money Bill in the Parliament. The Bill was passed by the Parliament in its budget session. The Bill received the assent of the President on May 26, 2015 and it became the law. It is to be called as "The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015" ("the Black Money Act"). It has been clarified by the Government that such Black Money Act would be applicable from July 1, 2015.

NO TDS on payments made to corporations whose income is exempt u/s-10(26BBB) of the Income Tax Act,1961

The CBDT has issued Circular No. 07 dated 23.04.2015 stating that the CBDT has decided that since corporations covered under Section 10(26BBB) satisfy the two conditions of Circular No. 4/2002 i.e. unconditional exemption of income under Section 10 and no statutory liability to file return of income under Section 139, therefore any corporation whose income is exempted under Section 10(26BBB) of the Act will also be entitled to the benefit of the said Circular. Hence there would be no requirement for tax deduction at source from the payments made to such corporations since their income is anyway exempted under the Act.
copy of circular can be find under link below
Circular

A note on DUTY DRAWBACK

DEFINITION AND OBJECTIVES

The term drawback is applied to a certain amount of duties of Customs/central excise, some times the whole, some times only a part remitted or paid by Government on the exportation of the commodities on which they were levied. To entitle goods to drawback, they must be exported to a foreign port, the object of the relief afforded by the Drawback being to enable the goods to be disposed of in the foreign market as if they had never been taxed at all. For Customs purpose drawback means the refund of duty of customs and duty of central Excise that are chargeable on imported and indigenous materials used in the manufacture of Exported goods.

GOODS ELIGIBLE FOR DRAWBACK

This scheme applies to

a.       export goods imported into India as such

b.      export goods imported into India after having been taken for use

c.       export goods manufactured / produced out of imported material

d.      export goods manufactured / produced out of indigenous material

e.       Export goods manufactured /produced out of imported or and indigenous materials.

it is not open to the assessee to bifurcate Depreciation into current & C/F depreciation to claim u/s 32 of I.T.Act

S. 32: The assessee has the right to disclaim depreciation in its entirety. However, it cannot claim depreciation for the current year and disclaim unabsorbed depreciation

The assessee claimed the depreciation allowance insofar as it pertained to the current year. At the same time, it did not want to claim the set off of the unabsorbed depreciation allowance of the previous years. The Supreme Court had to consider whether it is open to the assessee to invoke the provisions of Section 32 of the Act by claiming depreciation of the current year, but at the same time choose not to make a claim of set off of unabsorbed depreciation allowance of the previous years. HELD by the Supreme Court rejecting the plea:

Gold Monetization Scheme

The Finance Minister in his budget speech for the Union Budget 2015 - 16 made the following announcement:

"India is one of the largest consumers of gold in the world and imports as much as 800-1000 tonnes of gold each year. Though stocks of gold in India are estimated to be over 20,000 tonnes, most of this gold is neither traded, nor monetized. Keeping this in view, the government in Budget 2015-16 has announced the Gold Monetization Scheme which will replace both the present Gold Deposit and Gold metal Loan Schemes. The new scheme will allow the depositors of gold to earn interest in their metal accounts and the jewellers to obtain loans in their metal account. Banks/other dealers would also be able to monetize this gold".

For the purpose, a draft of the Scheme has been prepared and released on Tuesday and comments & suggestions have been invited by the government on the draft and same can be posted by accessing the link below:-

http://mygov.nic.in Portal. 

The main objective of the Scheme is to mobilize gold held by the households in lieu of interest and to make it available to the gems and jewellery sector as raw material on loan. This scheme aims at reducing reliance on import of gold to meet the domestic demand. A brief FAQ is given below to understand the scheme:-

New Rate of Service Tax will be effective from 01st June 2015

Notification notifying the applicability of new service tax rate has been issued.
New Rate of Service Tax i.e @14% (including Education Cess) will be effective from 1st June, 2015 as per Notification No. 14/2015 issued on 19th May, 2015. Swach Bharat cess @ 2 % will not applicable form 01 st, June, 2015. Date of applicability of Swach Bharat Cess will notified soon.

Indirect Taxes-Budget 2015-Changes Effective from 14th May 2015

Changes which are become effective from 14^th May 2015 (i.e. the date on which Finance Bill received Presidential Assent) are summarised below:-

Amendments in the Central Excise Act, 1944

1. Section 11A stands amended as follows:

(i) category of cases where extended period of time applies but the transactions are recorded in the specified record, will be removed from the statute,

(ii) provision relating to relevant date also amended to provide definition of relevant date in respect of cases where a return is not filed on the due date and where only interest is required to be recovered,

(iii) provisions of section 11A will not apply to cases where the non-payment or short payment of duty is reflected in the periodic returns filed and that in such cases recovery of duty will be made in such manner as may be prescribed in the rules.

Sukanya Samariddhi Yojna - Part-II

These FAQs are the continuation of the post on "Sukanya Samriddhi Yojna" posted on 18-03-2015,

1.     Where can the account be opened?

As per Sukanya Samriddhi Account Rules, 2014 account can be opened in any branch of the Commercial Banks as autorised by the Government or in any branch of the Post Office in India.

2.     With what amount, account can be started/opened?

The account may be opened with an initial deposit of one thousand rupees (Rs.1000/-), and a maximum amount of Rs. One lakhs fifty thousand can be deposited in a year.

3.     How many times a person can deposit in the account in a particular year?

Sukanya Samariddhi Yojna

P.M.Shree Narendra Modi with a vision to provide for education and marriage expenses of a girl child, has announced a scheme i.e. “Sukanya Samriddhi Yojna’.

Under this scheme an account shall be allowed to get open with Banks or post office and amount deposited such accounts will be eligible for deduction U/S 80C of the Income Tax Act,1961

As it is new announcement and financial year is near to close, many of the taxpayers are rushing to invest under various schemes eligible for deduction to save tax.

I have just tried to sum up FAQs for clarification on the scheme based on Notification and rules notified so far.

Mandatory Documents Required For Export And Import Reduced To Three Each

India took a leap forward in improving 'Ease of Doing Business' today by reducing the mandatory documents required for import and export of goods to three documents each. The Directorate General of Foreign Trade (DGFT) issued a Notification to this effect today (Notification Link below).

Date extended for filing of online DVAT Return for third quarter of 2014-15

Due date for filing Return under DVAT has been extended further upto 15-02-2015 from 02-02-2015.

Originally it is due on 25th of Jan-2015.

 Extract of Circular by the Department

Advance by Partner to Firm & Section 269SS

Whether advances given by partner of a partnership firm to the firm violates the provisions of section 269SS and liable to penalty u/s 271-D? 

Held: No. 

Clarifications regarding Mandatory pre-deposit of duty or penalty for filing appeal

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Clarifications regarding Mandatory pre-deposit of duty or penalty for filing appeal
Section 35FF of the Central Excise Act, 1944 and Section 129EE of the Customs Act, 1962 prescribe mandatory pre-deposit as a percentage of the duty demanded where duty demanded is in dispute or where duty demanded and penalty levied are in dispute.In this regard, CBEC vide Circular No. 993/17/2014-CX., Dated: January 05, 2015 has provided the following: