Apr 27, 2016

CBDT clarification as Officer below JCIT rank can't initiate penalty u/s 271D and 271E

CBDT issued a circular no. 9 dated 26 April  about Section 271d, read with section 271e, of the income-tax act, 1961 - failure to comply with provisions of section 269ss - penalty for - commencement of limitation for penalty proceedings under sections 271d and 271e. Full circular is as under.

It has been brought to the notice of the Central Board of Direct Taxes (hereinafter referred to as the Board) that there are conflicting interpretations of various High Courts on the issue whether the limitation for imposition of penalty under sections 271D and 271E of the Income tax Act, 1961 (hereafter referred to as the Act) commences at the level of the Assessing Officer (below the rank of Joint Commissioner of Income Tax.) or at level of the Range authority i.e. the Joint Commissioner of Income Tax./Addl. Commissioner of Income Tax.
Some High Courts have held that the limitation commences at the level of the authority competent to impose the penalty i.e. Range Head while others have held that even though the Assessing Officer is not competent to impose the penalty, the limitation commences at the level of the Assessing Officer where the Assessing Officer has issued show cause notice or referred to the initiation of proceedings in assessment order.

2. On careful examination of the matter, the Board is of the view that for the sake of clarity and uniformity, the conflict needs to be resolved by way of a "Departmental View".

3. The Hon'ble Kerala High Court in the case of Grihalaxmi Vision v. Addl. Commissioner of Income Tax, Range 1, Kozhikode1, vide its order dated 8-7-2015 in ITA Nos. 83 & 86 of 2014, observed that, "Question to be considered is whether proceedings for levy of penalty, are initiated with the passing of the order of assessment by the Assessing Officer or whether such proceedings have commenced with the issuance of the notice issued by the Joint Commissioner. From statutory provision, it is clear that the competent authority to levy penalty being the Joint Commissioner. Therefore, only the Joint Commissioner can initiate proceedings for levy of penalty. Such initiation of proceedings could not have been done by the Assessing Officer. The statement in the assessment order that the proceedings under sections 271D and E are initiated is inconsequential. On the other hand, if the assessment order is taken as the initiation of penalty proceedings, such initiation is by an authority who is incompetent and the proceedings thereafter would be proceedings without jurisdiction. If that be so, the initiation of the penalty proceedings is only with the issuance of the notice issued by the Joint Commissioner to the assessee to which he has filed his reply."

4. The above judgment reflects the "Departmental View". Accordingly, the Assessing Officers (below the rank of Joint Commissioner of Income Tax.) may be advised to make a reference to the Range Head, regarding any violation of the provisions of section 269SS and section 269T of the Act, as the case may be, in the course of the assessment proceedings (or any other proceedings under the Act). The Assessing Officer, (below the rank of Joint Commissioner of Income Tax) shall not issue the notice in this regard. The Range Head will issue the penalty notice and shall dispose/complete the proceedings within the limitation prescribed under section 275(1)(c) of the Act.

5. Where any High Court decides this issue contrary to the "Departmental View", the "Departmental View" thereon shall not be operative in the area falling in the jurisdiction of the relevant High Court. However, the CCIT concerned should immediately bring the judgment to the notice of the Central Technical Committee. The CTC shall examine the said judgment on priority to decide as to whether filing of SLP to the Supreme Court will be adequate response for the time being or some legislative amendment is called for.

6. The above clarification may be brought to the notice of all officers.

Apr 22, 2016

Excel 7th Pay Scale Commission Calculator

Recently Seventh pay commission submitted their report to Finance Minister on Thursday, 19 November 2015. The seventh pay commission will be implemented from 1 January 2016. The major highlights of 7th pay commission can be read with this link.

So everybody who benefits with 7th pay commission recommendation want to know about what will he gets after 1 January 2016. But the calculations are quite complex. There is an excel based calculator for 7th pay commission pay scale fixation which will surely solve your worry.
         PAY LEVEL TABLE
Level
Grade pay
Pay band
1
1800
5200-20200
2
1900
5200-20200
3
2000
5200-20200
4
2400
5200-20200
5
2800
5200-20200
6
4200
9300-34800
7
4600
9300-34800
8
4800
9300-34800
9
5400
9300-34800
10
5400
15600-39100
11
6600
15600-39100
12
7600
15600-39100
13
8700
37400-67000
13A
8900
37400-67000
14
10000
37400-67000
15
0
67000-79000
16
0
75500-80000
17
0
80000
18
0
90000



7th pay scale calculator

  1. This is an excel based calculator and very easy to use.
  2. You just need to enter pay(without grade) and current pay level.
  3. All other calculation are done automatically.
  4. One can see pay level from this pay level table.

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Apr 16, 2016

No service tax on registration services of government

CBEC issued a notification no. 22/2016 dated 13 April 2016 on no service tax on registration services provided by government. Full notification is as under.

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

In the said notification, in the first paragraph,—
(i) in entry 39, after the words "Services by", the words "Government, a local authority or" shall be inserted;

(ii) after entry 53, the following entries shall be inserted, namely:—

 "54. Services provided by Government or a local authority to another Government or local authority:

 Provided that nothing contained in this entry shall apply to services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act, 1994;

 55. Services provided by Government or a local authority by way of issuance of passport, visa, driving licence, birth certificate or death certificate;

 56. Services provided by Government or a local authority where the gross amount charged for such services does not exceed Rs. 5000/- :

 Provided that nothing contained in this entry shall apply to services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act, 1994:

 Provided further that in case where continuous supply of service, as defined in clause (c) of rule 2 of the Point of Taxation Rules, 2011, is provided by the Government or a local authority, the exemption shall apply only where the gross amount charged for such service does not exceed Rs. 5000/- in a financial year;

 57. Services provided by Government or a local authority by way of tolerating non-performance of a contract for which consideration in the form of fines or liquidated damages is payable to the Government or the local authority under such contract;

 58. Services provided by Government or a local authority by way of—
(a) registration required under any law for the time being in force;

(b) testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, required under any law for the time being in force;

 59. Services provided by Government or a local authority by way of assignment of right to use natural resources to an individual farmer for the purposes of agriculture;

 60. Services by Government, a local authority or a governmental authority by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution;

 61. Services provided by Government or a local authority by way of assignment of right to use any natural resource where such right to use was assigned by the Government or the local authority before the 1st April, 2016:

 Provided that the exemption shall apply only to service tax payable on one time charge payable, in full upfront or in installments, for assignment of right to use such natural resource;

 62. Services provided by Government or a local authority by way of allowing a business entity to operate as a telecom service provider or use radiofrequency spectrum during the financial year 2015-16 on payment of licence fee or spectrum user charges, as the case may be;

 63. Services provided by Government by way of deputing officers after office hours or on holidays for inspection or container stuffing or such other duties in relation to import export cargo on payment of Merchant Overtime charges (MOT).".

Apr 15, 2016

Download e-filing utility for ITR 6 and ITR 7 for AY 2016-17

CBDT has issued excel based e-filing utility for income tax return form ITR 6 and ITR 7 for the Analysis year 2016-17. Earlier CBDT has issued all the remaining ITRs for the Analysis year 2016-17.

ITR 6- For Companies other than companies claiming exemption under section 11

ITR-7-  For persons including companies required to furnish return under sections 139(4A) or 139(4B) or 139(4C) or 139(4D) or 139(4E) or 139(4F).












Download ITR 6 e-filing utility AY 2016-17
Download ITR 7 e-filing utility AY 2016-17
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India and Maldives sign tax agreement

The Government of the Republic of India and the Government of the Republic of Maldives signed two Agreements - for the Exchange of Information with respect to Taxes and for the avoidance of double taxation of income derived from international air transport on 11th April, 2016 during the visit of Hon’ble President of Maldives to New Delhi.

The Agreement for the Exchange of Information with respect to Taxes is based on international standards of transparency and exchange of information. It covers taxes of every kind and description imposed by the Governments of India and Maldives. The Agreement enables exchange of information, including banking information, between the two countries for tax purposes, which will help curb tax evasion and tax avoidance.

The Agreement will enhance mutual co-operation between the two countries by having effective exchange of information in tax matters.

The second Agreement provides for relief from double taxation for airline enterprises of India and Maldives by way of exemption of income derived by the enterprise of India from the operation of aircraft in international traffic, from Maldivian tax and vice-versa. The object of the Agreement is that profits from the operation of aircraft in international traffic will be taxed in one country alone and accordingly the taxing right is conferred upon the country to which the enterprise belongs. The
Agreement will provide tax certainty for airline enterprises of India and Maldives.

The Agreement further provides for Mutual Agreement Procedure for resolving any difficulties or doubts arising as to the interpretation or application of the agreement.
(Meenakshi J Goswami)
Commissioner of Income Tax
(Media and Technical Policy)
and Official Spokesperson, CBDT

Apr 14, 2016

Download e-filing utility for ITR 4 and ITR 5 for AY 2016-17

CBDT has issued e-filing utility in excel format for income tax return form ITR 4 and ITR 5 for the Analysis Year 2016-17. Earlier CBDT also issued e-filing utility for ITR 1, ITR 2, ITR 2A, ITR 3 and ITR 4S. 

ITR-4- For Individuals & HUFs having income from a proprietory business or profession

ITR-5-For persons other than,-
 (i) individual, 
(ii) HUF, 
(iii) company and 
(iv) person filing ITR-7










Download e-filing utility for ITR 4 AY 2016-17
Download e-filing utility for ITR 5 AY 2016-17
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Apr 13, 2016

Latest FVU version 5.0 e-TDS software free download

Tin.nsdl has launched latest file validation utility FVU version 5.0 on 13 April 2016 for e-TDS quarterly statements. This FVU version is applicable from 13 April 2016 itself. There are many new features added in latest FVU 5.0 which are as under.

Remark ‘B’ is made applicable for Section code 192A (Payment of accumulated balance due to an employee) for Form 26Q.

New Section code 194IA (Payment on transfer of certain immovable property other than agricultural land) has been added under list of sections available under Form 26Q.

Incorporation of TAN and TAN name in the Challan Status Inquiry (i.e. .CSI) file and verification with the TDS/TCS statement during the time of validation through the FVU.

TAN: In case, the TAN of the Deductor/Collector as per .CSI file does not match with the TAN as per the TDS/TCS statement, FVU will reject the TDS/TCS file and appropriate error message (Mismatch in present in the statement and .CSI file imported, kindly provide valid TAN) will be displayed to the user on validating the file through FVU.

TAN Name: In case, the TAN Name (i.e. Name of Deductor/Collector) as per .CSI file does not match with the name as per the TDS/TCS statement, FVU will generate a displayed popup message as “Name of deductor in the statement should exactly match the Name of deductor as per TAN Master Database of ITD.”

 Mandatory to mention Email ID and mobile number of deductor/collector and responsible person in TDS/TCS Statement.

One of e-mail ids of Deductor/Collector or responsible person is required to be provided in the statement.

The value in the field ‘Mobile Number of responsible person’ is mandatory.

Change of State name from “ORISSA” to “ODISHA”.

This version of FVU is applicable with effect from April 13, 2016.
Download Latest FVU 5.0
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