Oct 29, 2009

Online TAN Registration

5:39 PM 0
Online TAN Registration
The Income Tax Department requires all deductors to register their TANs online. Authenticated access (through user ID and password) will be provided to registered deductors. On login, the following will be available to the deductors-

(1)view of the status of all statements filed;


(2)download of consolidated quarterly e-TDS / TCS statement for preparation of correction statement; and


(3)other functionalated to quarterly TDS /TCS statement.

Guideline for TAN Registration

-TAN registration should be done online at the website of the Tax Information Network www.tin-nsdl.com.
-Fields marked with (*) are mandatory.
-Select the values from the drop down wherever provided.
-Register all active TANs.
-Details of Deductor

Mention details of deductor (TAN).
-Select appropriate deductor category from the dropdown.
-Mention PAN of deductor. Mention “PANNOTREQD”, in case PAN is not available i.e. deductor is not required to have PAN as per the statute.
-PAO Code and DDO Code are mandatory for deductor category “Central Government”.
-If PAO Code is not available then mention value “PAOCDNOTAVBL”.
-If DDO Code is not available then mention value “DDOCDNOTAVBL”.
-For PAO Registration number, mention registration number allotted, if any, by Central Record Keeping Agency (CRA) under New Pension Scheme (NPS).
-For DDO Registration number, mention registration number allotted, if any, by -Central Record Keeping Agency (CRA) under New Pension Scheme (NPS).
Contact Details of Deductor

-Mention demographic details of deductor (TAN) i.e. complete address and contact details.
-Provide valid email id and telephone no. / mobile no.
-Provide details of responsible person and designation.
Statement Details

-Mention details of any regular e-TDS / TCS quarterly statement accepted in TIN on or after April 01, 2008.
-Check the status of e-TDS / TCS statement at the Quarterly Statement Status available at the TIN website by entering the TAN and Provisional Receipt Number of the statement before providing statement details.
-For entering statement details you may refer the Provisional Receipt issued at the time of acceptance of the e-TDS / TCS statement.
Generation of Acknowledgement

-After filling up the information, click “submit”. On submission of details if system shows any errors, rectify and re-submit the form.
-A confirmation screen with all the data filled by the user will be displayed. The same can be either confirmed or edited.
-On confirmation, an acknowledgement number will be displayed.
-Print the acknowledgment and preserve the same for future use.
-For future correspondence mention the TAN registration number provided by TIN along with the TAN.
-You can re-generate the “Acknowledgement for TAN Registration” by registering again

REGISTER YOUR TAN HERE

Oct 28, 2009

Online Registration for viewing Form 26AS by PAN holder

4:44 PM 0
Online Registration for viewing Form 26AS by PAN holder

For 26 AS Registration in Hindi language please click here.

Online Registration is a one time activity wherein, a PAN holder has to fill in & submit a Registration form online through this website. The detailed procedure is as mentioned below:

  1. Select 'registration' option from online services menu.
  2. After entering all the details (PAN, User ID, Password, Contact details if any etc), click on 'Submit'.
  3. On successful registration, an acknowledgement receipt will be displayed on screen.
  4. Save and print this acknowledgement receipt.

This registration request has to be authorised by a TIN-FC. Authorisation means verification of Identity of a PAN Holder for the purpose of viewing Annual Tax Statement.

For getting registration request authorised by a TIN FC, PAN holder may choose either to

  1. Personally visit the TIN FC of his choice or
  2. Select a TIN FC to visit the PAN Holder for personal verification.
    • In this case, select any TIN-FC from a list of TIN-FCs who offer this facility in the city provided in contact address.
    • Facility of selecting a TIN FC to visit can be availed of only in those locations where a TIN-FC is present.
    • In this option, the PAN holder will be prompted to enter his contact details in the fields provided on the online registration form.

In registration form, a PAN within 15 calendar days of registration, otherwise, the registration will cease to exist and PAN holder will have to register online again.

Taxpayers can now view details of paid refund in their Annual Tax Statement (Form 26AS)

4:40 PM 0
Taxpayers can now view details of paid refund in their Annual Tax Statement (Form 26AS)

Taxpayers can now view details of paid refund in their Annual Tax Statement (Form 26AS)

Taxpayers who have registered to view Form 26AS online can view details of paid refund in their Form 26AS from F.Y. 2009-10 (A.Y. 2010-11) onwards. Refunds received during the selected A.Y. will be displayed in Form 26AS. For instance, refunds pertaining to A.Y. 2005-06 which are received in F.Y. 2009-10 (A.Y. 2010-11) will be displayed in Form 26AS for F.Y. 2009-10 (A.Y. 2010-11).

The following details related to refund will be displayed:

  • A.Y. for which refund is paid
  • Mode of payment i.e. ECS, paper (refund cheque), etc.
  • Amount of refund
  • Date of payment

Oct 27, 2009

Residential Status of Returning Indians.

11:56 PM 0
Residential Status of Returning Indians.

The following question was asked by a reader in the comment section of the post: Residential Status of Returning Indians.

Q: Is there a difference or advantage in operating as an Individual or setup a firm in trying to work from India for a US client? I assume as a consultant, I could claim tax deductions on travel and such. Would business setting enable tax deductions on rent if operating from home? BTW, any recommendation of folks who can advice me either in US/India regarding this would be appreciated.

As the query requires an exhaustive response, I thought it prudent to write a separate and detailed post so that other upcoming / budding entrepreneurs can also benefit from the advice.

Transporters Payments to Cash Celing Raised

11:47 PM 0
Transporters Payments to Cash Celing Raised
Under the Finance (No.2) Bill, 2009, limit of cash payment, i.e., payment in ways other than by account payee cheque or draft to transport operators has been increased from Rs. 20,000/- to Rs. 35,000.00 w.e.f. 01.10.2009. This increase drawback is that truck owners/drivers have little working capital and they need cash to route expenses for diesel, fuel and repairs etc. which generally exceeds Rs. 20,000.00. But this kind of hardship is not limited to transport operators only. Ideally this ceilling should be increased across the board considering the fact that amount of Rs. 20,000 was fixed long time back in the year 1996 when it was increased from Rs. 10,0000 fixed in the year 1988, which in turn was increased from Rs. 2,500 at the time when the provision was first introduced in the year 1968.

INCOME TAX DEPARTMENT E-MAILS

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INCOME TAX DEPARTMENT E-MAILS
Hello friends
don't gey any doubt income tax department is sending mail to whom who file their return electronically this year.

Reference: E-filing Acknowledgement Number: 739970XXXXXXXXX for the Assessment Year 2009-10

Dear Taxpayer,

Subject: Report on the Quality of Data and Matching of TDS / TCS Claims in your E-Return – Reg

1. Income Tax Department congratulates you for filing your Income Tax return electronically. As a pro-active measure, a Data Quality and Matching Report for TDS and TCS claims in I-T Return are being sent as an attachment to this email.

2. The objective of issuing the Data Quality and Matching Report for TDS and TCS claims in I-T Return is:

1.

1. To enable you to ascertain the extent of matching of your TDS / TCS claims in the Income Tax Return filed by you with the TDS / TCS reported by the tax Deductors /Collectors. In case the matching is 100%, you may be assured of accurate credit and quicker processing of the I-T Return.

2. To enable you to take up the matter pertaining to any deficiencies or mismatches in the TDS / TCS reported with your Deductor / Collector so that the corrective action can be taken by them by filing an updated E-TDS return with NSDL with your correct PAN or TDS amount.

3. To enable you to identify claims made by you using invalid TAN. In all cases where TAN is invalid the “Name of the Deductor” is mentioned as “INVALID TAN” and in all such cases no match is possible. The TAN in these cases would have to rectify by you by filing a revised Return of Income with correct TAN.

3. The TDS / TCS credit information available are based on the valid PAN details submitted by the Deductors up to the date mentioned in the Data Quality and Matching Report for TDS and TCS claims in I-T Return. Please note that all TDS /TCS from the same Deductor / Collector is added and consolidated as a single entry, both on the claims side as well as on the data reported to Department side.

4. To open the statement, please enter the PAN and date of birth in case of individual tax payers and the date of incorporation for non-individual tax payers as password in the format of AAAAA1234ADDMMYYYY in lowercase. The date of birth / incorporation should be same as furnished to the Department and available in the Income Tax Department PAN master (as printed on the PAN card).

For example, if your PAN is AZZPZ2398K and date of birth / incorporation is January 21, 1985 then the password will be azzpz2398k21011985

5. The Data Quality and Matching Report is in the attached ZIP file with your PAN as the file name. To open the file all you need is any Unzip software and MS Excel or Open Office Excel compatible software.

6. Please note that this email does not convey any confirmation of acceptance or rejection of any TDS or TCS claim and neither does this indicate that processing has been completed or will be completed in any manner. The Report merely conveys a factual position of the extent of match between your claims and data reported to the Department as on the date specified. The details given herein may be altered upon receipt of updated E-TDS / TCS returns filed by Deductors / Collectors subsequent to the specified date.

7. This is a special service for the benefit of taxpayers who have chosen to file their I-T returns electronically and is being sent to you at the email address mentioned by you in the Income Tax Return.

This is a system generated mail. Please does not reply back to this email ID.?
For and on behalf of
The Income Tax Department
(This is a computer generated mail and calls for no signature)

Central Excise Exepts some Plastic & Paper Material

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Central Excise Exepts some Plastic & Paper Material

Central Excise – Notification No. 24/2009 Dated Wednesday, October 21, 2009 -Exempts Packing materials, namely, printed cartons of paper or paper board, metal containers, high density polyethylene woven sacks, adhesive tapes, stickers, pilfer proof caps, crown corks, metal labels, Plastic bags, Printed laminated rolls affixed with brand name or trade name of another person.

FULL NOTIFICATION

Notification No: 24 /2009-Central Excise (N.T.)

New Delhi, the 21st October, 2009

G.S.R (E) – Whereas the Central Government is satisfied that a practice was generally prevalent regarding levy of duty of excise (including non-levy thereof) under section 3 of the Central Excise Act, 1944 (1 of 1944) (hereinafter referred to as the said Act), on goods of description given in column (2) of the table below, manufactured by a unit availing benefit of Notification number given in column (4) of the table below, affixing the brand name or trade name of another person who was not eligible for the grant of exemption under the said notification and that such goods were liable to duty of excise which was not being levied under section 3 of the said Act according to the said practice during the period as specified in column (3) of the said table, namely:-

TABLE

Sl.No.

Description

Period

Notification number.

(1)

(2)

(3)

(4)

1.

Packing materials, namely, printed cartons of paper or paper board, metal containers, high density polyethylene woven sacks, adhesive tapes, stickers, pilfer proof caps, crown corks, metal labels.

1stOctober, 1987 to

31stAugust, 2008

(i)Notification No.175/86-CE, dated 1.3.1986

(ii)Notification No.1/93-CE, dated 28.2.1993

(iii)Notification No.16/97-CE, dated 1.4.1997

(iv)Notification No.38/97- CE, dated 27.6.97

(v)Notification No.8/98-CE, dated 2.6.1998

(vi)Notification No.9/98-CE, dated 2.6.1998

(vii)Notification No.8/99-CE, dated 28.2.1999

(viii)Notification No.9/99-CE, dated 8.2.1999

(ix)Notification No.8/2000-CE, dated .3.2000

(x)Notification No.9/2000-CE, dated 1.3.2000

(xi)Notification No.8/2001-CE, dated 1.3.2001

(xii)Notification No.9/2001-CE, dated 1.3.2001

(xiii)Notification No.8/2002-CE, dated .3.2002

(xiv)Notification No.9/2002-CE, dated 1.3.2002

(xv)Notification No.8/2003-CE, dated 1.3.2003 till issue of amending Notification

No.47/2008-CE, dated 1.9.2008

(xvi)Notification No.9/2003-CE, dated 1.3.2003 (Rescinded vide Notification No.11/2005- CE, dated 1.3.2005)

2

Plastic bags

1stOctober, 1987 to

10thFebruary 2009

(i)Notification No.175/86-CE, dated 1.3.1986

(ii)Notification No.1/93-CE, dated 28.2.1993

(iii))Notification No.16/97-CE, dated 1.4.1997

(iv)Notification No.38/97-CE, dated 27.6.97

(v)Notification No.8/98-CE, dated 2.6.1998

(vi)Notification No.9/98-CE, dated 2.6.1998

(vii)Notification No.8/99-CE, dated 28.2.1999

(viii)Notification No.9/99-CE, dated 28.2.1999

(ix)Notification No.8/2000-CE, dated 1.3.2000

(x)Notification No.9/2000- CE, dated 1.3.2000

(xi)Notification No.8/2001-CE, dated 1.3.2001

(xii)Notification No.9/2001-CE, dated 1.3.2001

(xiii)Notification No.8/2002- CE, dated 1.3.2002

(xiv)Notification No.9/2002-CE, dated 1.3.2002

(xv)Notification No.8/2003-CE, dated 1.3.2003 till issue of amending Notification No.2/2009-CE, dated 11.2.2009

(xvi) Notification No.9/2003-CE, dated 1.3.2003

(Rescinded vide Notification No.11/2005 CE, dated 1.3.2005)

3.

Printed laminated rolls

1stOctober, 1987 to

6th July, 2009

(i) Notification No.175/86- CE, dated 1.3.1986

(ii)Notification No.1/93-CE, dated 28.2.1993

(iii)Notification No.16/97-CE, dated 1.8.1997

(iv)Notification No.38/97-CE, dated 27.6.97

(v)Notification No.8/98-CE, dated 2.6.1998

(vi)Notification No.9/98-CE, dated 2.6.1998

(vii)Notification No.8/99-CE, dated 28.2.1999

(viii)Notification No.9/99-CE, dated 28.2.1999

(ix)Notification No.8/2000-CE, dated 1.3.2000

(x)Notification No.9/2000-CE, dated 1.3.2000

(xi)Notification No.8/2001-CE, dated 1.3.2001

(xii)Notification No.9/2001-CE, dated 1.3.2001

(xiii)Notification No.8/2002-CE, dated 1.3.2002

(xiv)Notification No.9/2002-CE, dated 1.3.2002

(xv)Notification No.8/2003-CE, dated 1.3.2003 till issue of amending Notification No 9/2009-CE, dated 7.7.2009

(xvi)Notification No.9/2003-CE, dated 1.3.2003

(Rescinded vide Notification No.11/2005 CE, dated 1.3.2005)

2. Now, therefore, in exercise of the powers conferred by section 11C of the said Act, the Central Government hereby directs that the whole of duty of excise leviable under the said Act on such goods manufactured by a unit, where the manufacturer has affixed the specified goods with a brand name or a trade name of another person who is not eligible for grant of exemption under the relevant notification, and has not paid the excise duty leviable thereon on the reasonable belief that he was entitled to the benefit of said notification, but for the said practice, shall not be required to be paid for the period as specified in column (3) of the said table in accordance with the said practice.

Explanation: ‘Brand name’ or ‘Trade name’ means ‘Brand name’ or ‘Trade name’ as defined in the notification numbers given in column (4) of the table above.

[F.No.115/1/2009-CX-3]

(Rajesh Verma)

Oct 25, 2009

Circular related Income arising in india for NRI

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Circular related Income arising in india for NRI

Section 9 of the Income-tax Act, 1961 – Income – Deemed to accrue or arise in India – Withdrawal of Circulars No. 23 dated 23rd July, 1969, and No. 163 dated 29th May, 1975 and No. 786 dated 7thFebruary, 2000.

Circular No. 7/2009 [F. No. 500/135/2007- FTD-I], dated 22-10-2009

The Central Board of Direct Taxes had issued Circular No. 23 (hereinafter called “the Circular”) on 23rd July 1969 regarding taxability of income accruing or arising through, or from, business connection in India to a non-resident, under section 9 of the Income-tax Act, 1961.

2. It is noticed that interpretation of the Circular by some of the taxpayers to claim relief is not in accordance with the provisions of section 9 of the Income-tax Act, 1961 or the intention behind the issuance of the Circular.

3. Accordingly, the Central Board of Direct Taxes withdraws Circular No 23 dated 23rdJuly, 1969 with immediate effect.

4. Even when the Circular was in force, the Income-tax Department has argued in appeals, references and petitions that-

(i) The Circular does not actually apply to a particular case, or

(ii) that the Circular can not be interpreted to allow relief to the taxpayer which is not in accordance with the provisions of section 9 of the Income-tax Act or with the intention behind the issue f the Circular.

It is clarified that {he withdrawal of the Circular will in no way prejudice the aforesaid arguments which the Income-tax Department has taken, or may take, in any appeal, reference or petition.

5. The Central Board of Direct Taxes also withdraws Circulars No. 163 dated 29thMay, 1975 and No. 786 dated 7th February, 2000 which provided clarification in respect of certain provisions of Circular No 23 dated 23rd July, 1969.

Oct 22, 2009

VALUE FOR PAYMENT OF EXCISE DUTY IF GOODS ARE MANUFACTURED ON JOB WORK BASIS

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VALUE FOR PAYMENT OF EXCISE DUTY IF GOODS ARE MANUFACTURED ON JOB WORK BASIS

CIRCULAR NO: 902/22/2009-CX., Dated: October 20, 2009

Subject: CBEC clarifies if goods are manufactured on job work basis, value for payment of excise duty to be determined as per Rule 10A.

It has been brought to the notice of the Board that some manufacturers of Motor Vehicles are getting complete Motor Vehicles manufactured by sending the Chassis of the Motor Vehicles to independent body builders for building the body as per the design/specification of the manufacturer. The practice followed is that the Chassis is transferred to the Body builder on payment of appropriate Central Excise duty on stock transfer basis and is not sold to them. The body builder avails the Cenvat Credit of the duty paid on the chassis and clears the same on payment of duty to the Depot/Sales Office/Distributor of the Motor Vehicle manufacturer. The duty is discharged by the body builder on the assessable value comprising the value of Chassis and the job charges. The Depot/Sales office of the MV manufacturer sells the vehicles at a higher price than the price on which duty has been paid. Similar practice may be prevailing in respect of other commodities also.

2. The matter has been examined. Rule 10A (ii) of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 stipulates that where the excisable goods are produced or manufactured by a job-worker, on behalf of a principal manufacturer, then in a case where the goods are not sold by the principal manufacturer at the time of removal of goods from the factory of the job-worker, but are transferred to some other place from where the said goods are to be sold after their clearance from the factory of job-worker, and where the principal manufacturer and buyer of the goods are not related, and the price is the sole consideration for the sale, the value of the excisable goods shall be the normal transaction value of such goods sold from such other place at or about the same time.

3. A plain reading of the aforesaid provision of law makes it clear that the assessable value for the purpose of charging Central Excise duty, in the cases where the Job-worker transfer the excisable goods to the Depot/Sale office/Distributor and/or any other sale point of the principal manufacturer, shall be the transaction value on which goods are sold by the principal manufacturer from such a place. Accordingly, after the insertion of Rule 10 A, the practice of discharging the duty on cost construction method by the body builder is not legally correct. It is, therefore, clarified that wherever goods are manufactured by a person on job work basis on behalf of a principal, then value for the purpose of payment of excise duty may be determined in terms of the provisions of Rule 10 A of the Central Excise Valuation (Determination of price of Excisable goods) Rules, 2000 subject to fulfillment of the requirements of the said rule. It is requested that the practice followed in your zone may be verified for body builders of motor vehicles and/or other commodities, which are manufactured on job work basis to ensure that duty is paid correctly as per Rule 10A wherever required.

4. Trade and Industry may be informed.

5. Receipt of this circular may be acknowledged.

6. Hindi version would follow

ONLINE REGISTRATION AND FILING OF EXCISE AND SERVICE TAX RETURNS

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ONLINE REGISTRATION AND FILING OF EXCISE AND SERVICE TAX RETURNS

The automation drive by the country’s excise and service tax department took another step forward Wednesday with the access to online registration and filing of returns made available in the national capital and surrounding regions. ‘The main objective of the automation drive is to provide an electronic interface with the department that aims to reduce costs, the paperwork, visits to our offices,’ said Sreela Ghosh, chief commissioner of excise and service tax in the capital.

‘From the government’s point of view, it increases accountability, the responsiveness, efficiency and also transparency in the indirect tax system,’ Ghosh added at an event here to launch the automation project in the Delhi circle.

Officials said the automation had become all the more necessary in the wake of revenues shooting up from Rs.1,000 crore for the Delhi Commissionerate five years ago to more than Rs.10,000 now, with the assessed base also rising at the same rate to 140,000.

They said the automation will also help when the Goods and Services Tax is introduced from April next year, to make the system simpler by replacing a plethora of levies by the central and state governments.

We feel that the assesses base will increase multi-fold to around 4-5 million with the introduction of Goods and Services Tax. And our automation system will come in handy then as well as only some tweaking will be required,’ said Ghosh.

Others participating at the event included S.K. Goel, member of the Central Board of Excise and Customs, D.P. Dash, additional director general, and R.D. Negi, commissioner for service tax.

They also introduced a website for the Delhi region – www.servicetaxdelhi .gov.in.

In the automation drive, several Indian information technologies and telecom majors have been roped in as partners, including Wipro, Tata Consultancy Services, Bharat Sanchar Nigam and National Informatics Centre.

They have helped in establishing a wide area network to inter-connect 582 locations. It also offers e-payment option over a network of 21 banks.

‘We have ensured a new, modern system in which problems such as delays in registration, non-processing of refunds, shall be complaints of a bygone era,’ said Goel. ‘The system will also help in collecting and assessing data – which remains the main tool for any tax administration.

Oct 21, 2009

WINDOWS 7 in INDIA

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WINDOWS 7 in INDIA
Microsoft Corporation launched Windows 7 on Thursday in an attempt to win back customers from arch rivals Apple and Google after its setback with Windows Vista.

The new system which is faster less cluttered and has new touch- screen features comes almost three years after the launch of Vista which was found to be too complicated by many home users and business customers as well.

The success of Windows which accounts for more than half of Microsoft's profit and powers more than 90 per cent of personal computers globally is crucial for chief executive Steve Ballmer to revive the company's image as the world's most important software firm.

" I have to say I'm chomping at the bit," Ballmer told an audience of Microsoft customers and partners in Toronto on Wednesday, adding that he is ready to make sales calls himself on Windows 7.

Announcing the availability of Windows 7 for its customers in India, Microsoft India chairman Ravi Venkatesan said, “Windows 7 is designed to be more reliable and responsive, delivering a simplified personal computer (PC) experience for consumers." In India, the prices start from Rs 5,899 and the full version is available at a more- than- expected rate of Rs 11,000. He said, " Windows 7 delivers on a simple premise: make it easier for customers to do the things they want on a PC through a streamlined user interface and several new features that make everyday tasks faster." The result is an easy to connect, easy to browse and simple to use operating system, requiring less waiting, less clicks, less hassle connecting to devices, less power consumption and less complexity for the consumers.

With features such as Aero Shake, Peek, Snap, Jump Lists and a redesigned Windows Taskbar.

Windows 7 is designed to become the control center for all the media and make it easy to do more with photos, music, movies and videos.

Innovative new features like Home Group, Play To, Windows Live Movie Maker and Remote Media Streaming in Windows 7 will help consumers discover easy and new ways to get things done.

Also, engineered to meet the demands of businesses of all sizes, Windows 7 promises significant improvement in productivity levels. Its enhanced security and control capability delivers reduced risk and effectively streamlines PC manageability to drive reduced costs.

Venkatesan said businesses in India are benefiting from these features, and more than 1000 enterprises are currently deploying Windows 7.

Windows 7 is available in six editions, targeted at specific user groups and addressing all segments of the market.

The two primary editions are: Windows 7 Home Premium for home consumers and Windows 7 Professional for small and medium- sized businesses.

Venkatesan said Windows 7 is available at more than 45,000 retailers around the world and in India.