MCA extends the due date of Annual filing of e-Forms till end November 2016

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In view of the In view of the requests received from various stakeholders, it has been decided to extended the last date for filing the Annual Returns, under the Companies Act, 2013.

Accordingly, due date for filing of  e-Forms AOC 4, AOC – 4 (CFS), AOC -4 (XBRL) & MGT 7 have been extended till 29 th November, 2016 by MCA vide Circular dated 27 October, 2016.

Source: MCA – General circular 12/2016

In this regard, it may be noted that ICSI had, earlier, requested MCA for extension in dates of Annual filing vide its letter dated October 13, 2016, as below.

 

Shri Tapan Ray
Secretary to the Government of India
Ministry of Corporate Affairs
A-Wing, Shastri Bhawan
New Delhi 110001

Respected Sir,

Sub.:Extension for last date for Annual filing of form MGT-7 (Annual Return), Aoc-4 (financial statements) and AOC-4 CFS under Companies Act, 2013 

We wish to draw your kind attention toward the provisions of Companies Act, 2013 which require filing of financial statements and Annual Return by every company with the Registrar within thirty days and sixty days respectively of the date of Annual General Meeting.

In this regard, we wish to submit that we are receiving  requests from professionals for extension of last date for filing of annual forms due to the following reason:

  • Last date for Income Tax extended to October 17, 2016
  • Recently issued XBRL taxonomy is yet to get fully settled in the tools and with the users and also in the filing connected thereto.
  • XBRL taxonomy is still not available in respect of CSR
  • Festival season: Diwali is on 29th and 30th October, 2016 which is the last day for filing of financial statements.

Considering the above, we, hereby, submit that the last day for filing  of these annual forms i.e. MGT-7, AOC-4, and AOC CFS be extended by one month.

Thanking you,

Your faithfully

(CS Mamta Binani)
President

CC: Mr.  Amardeep Singh Bhatia
Joint Secretary, MCA

Salaried taxpayers to get SMS alerts on TDS deductions

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As many as 2.5 crore salaried taxpayers will now receive SMS alerts from the Income Tax department regarding their quarterly TDS deductions.

Finance Minister Arun Jaitley on Monday launched the SMS alert service for Tax Deducted at Source (TDS) for salaried class and the CBDT will soon offer this facility on a monthly basis.

Briefing reporters about the facility, Jaitley said salaried class cannot afford to pay tax twice or indulge in litigations and hence they should be kept updated about their TDS deductions.

“Hence taxpayers will benefit if they receive information through use of technology. So they can match the office salary slip and the SMS and at the end of the fiscal he will be clear about any possible tax dues,” Jaitley said.

He asked the CBDT to work towards making the grievance redressal system for TDS mismatch online so that there is no interface between the taxpayer and the tax department.

Jaitley said e-Nivaran is working well for taxpayers and the CBDT is taking several tax payer friendly initiative.

The CBDT will soon extend this SMS facility to another 4.4 crore non-salaried taxpayers.

“The frequency of SMS alerts will be increased, once the process for filing TDS returns is streamlined to receive such information on a real time basis,” the CBDT said.

CBDT chairperson Rani Singh Nair said the tax department is encouraging people to register their mobile number on the e-filing website.

She said a taxpayer will initially receive a welcome message from the CBDT informing him about the facility and after that each assessee would be sent messages informing them about their respective TDS deductions.

The new step is an effort by the I-T department to directly communicate deposit of tax deducted through SMS alerts to salaried taxpayers. In case of a mismatch, they can contact their deductor for necessary correction.

Besides, SMS alerts will also be sent to deductors who have either failed to deposit taxes deducted to e-file their TDS returns by the due date.

Source: http://timesofindia.indiatimes.com/business/india-business/Salaried-taxpayers-to-get-SMS-alerts-on-TDS-deductions/articleshow/55034864.cms

CAG may audit IDS, not individual declarations

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The Comptroller and Auditor General of India (CAG) may audit the just ended black money disclosure scheme for the process followed and how well it performed, but will not get into the disclosures made.

As much as Rs 65,250 crore of undeclared assets were declared through 64,275 declarations through the one-time four-month compliance window provided under the Income Disclosure Scheme (IDS) that ended on September 30.

“The information filed under the IDS is confidential and will neither be shared with any law enforcement agency nor any enquiry be launched by the I-T department,” an official said.

But the official auditor CAG may choose to do a performance audit of the scheme as a whole, the official said.

“It can audit the process followed in going about the scheme as well as how well it did. But no specific information on declaration made will either be gone into by the auditor or shall it be given,” he said.

The CAG had previously audited the Service Tax Voluntary Compliance Encouragement Scheme for the very same purpose.

The last tax amnesty scheme of 1997 – The Voluntary Disclosure of Income Scheme (VDIS), too, was audited by the CAG.

In its August 2000 report, CAG had found gaping holes and glaring defects in the VDIS saying it was drafted “with a number of lacunae which in turn, were compounded by CBDT circulars, clarifications and press briefings that benefited the declarants”.

The implementation of VDIS, it said, left a number of gaps in the procedural matters with distinct impact on revenue realisation.

The official said no adverse action shall be taken by the Financial Intelligence Unit or the Income-Tax department solely on the basis of the declarations made under IDS.

Also, no enquiry or investigation shall be launched on undisclosed income and assets declared under the scheme even if evidence is found subsequently during search or survey proceedings.

Specific information on declarations will not be shared with anyone including investigating agencies like CBI, he added.
Source: http://economictimes.indiatimes.com/articleshow/54639314.cms

File income tax return (ITR) even if your income is not taxable

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Many people think it an avoidable headache to file income tax returns, when their income falls below the taxable limit, or when tax is deducted at source or when no taxes are due. They also unnecessarily fear some notice will come from Income Tax Department every year, once they have started filing income tax return.

Here are the benefits of filing the income tax return that show you that it’s always better to file the return every year, even if your income  is not taxable.

  1. Helps as Standard Income Proof

In simple words, a tax return is a summary document or declaration about the results of all your financial transactions undertaken during the tax year. It consolidates the income under all sources and calculates the taxes due after allowing all eligible deductions.

ITR is considered and accepted by various agencies as a proof of your income, not only in India but also globally. If you are looking for higher education or employment abroad, ITR is the largely accepted income proof.

PAN – Permanent Account Number, issued by the Income Tax authority is not only a prerequisite for filing ITR but is also now mandatory for all financial transactions – from opening a bank account, or purchasing mutual funds to real estate for investment. So it makes sense to get yourself one and file the tax return.

  1. Helps Loan application:

At the time of applying for a home loan or vehicle loan or education loan, most banks ask the applicant to furnish copies of tax returns for the past 2-3 years. This helps banks understand your financial position and ability to repay the loan. Providing a copy of returns receipts helps in faster approval of your loan application

Apart from a good credit history (or past repayment track), the fact that you are filing your ITR regularly gives you speedier access to credit and at better terms, although not necessarily a larger line of credit, but surely a better rate.

It also provides the impression to the lender that you are a law abiding citizen and will repay the loan within time.

3. Helps claiming your tax refund:

Filing of ITR also helps your claiming of Tax Refund! In the case of salaried employees or those who have sold property, where Tax is deducted at source at standard rate, you can claim refund if the tax outgo has been more than the actual tax payable. You must file your tax returns if you wish to claim tax refunds. Not doing so would lead to forgoing the refund.

Generally, your employer deducts taxes on your estimated income based on the declaration that you have submitted. Apart from this, taxes are also deducted at source on various other incomes such as interest, commission, rent, and others, at a standard rate. When you club all these incomes with your salary, and also consider tax deductions as applicable to you, the final tax rate applicable may turn out to be different from the TDS rate. Owing to this you may either have to pay more tax or expect a refund.

Thus, filing ITR is not always about paying tax. It can be used as a means to reduce your tax liability!

  1. Helps Carry forward of losses:

Income tax laws allow you to carry forward and set off certain losses (losses from business income, depreciation, capital gains) against future gain or income. These losses can be carried forward for eight consecutive years immediately succeeding the year in which the loss is incurred. Even if you have taxable income this year, you might have losses to carry forward that can be adjusted against gains in later years when you actually have higher incomes.

  1. Visa processing:

If you are planning to immigrate to another country or explore an overseas job opportunity, then prepare yourself in advance. Most embassies and consulates require you to furnish copies of your tax returns for the past couple of years at the time of the visa application. This is especially applicable when applying for visa for the US, the UK, Canada or Europe.

  1. Helps in Statutory Compliance:

This also helps in statutory compliance, when you need to file tax returns.

The income tax department requires you to file a tax return in case your gross total income exceeds Rs.2.5 lakh (Rs.3 lakh for tax payers older than 60 years and Rs.5 lakh for those older than 80 years) in the financial year. Further, even if you do not have taxable income but if you qualify as a ‘resident’ individual and have any asset or financial interest in an entity located outside of India, then also it is mandatory for you to file.

What if you don’t file your taxes? If you are required to file your returns but miss it, then the tax officer may impose a penalty of up to Rs.5,000 (under section 271F). And if you owe some taxes and still don’t file it, then you may be liable to pay additional interest (section 234A), along with other penalties for avoiding taxes.

Income Declaration Scheme: Rs 65,000 cr and counting

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The Capital’s tallest building, the 28-storey Civic Centre near the New Delhi Railway Station, is hardly a hub of action on a weekend night. But September 30 was not like any other Friday evening. It was the last day of the government’s Income Declaration Scheme (IDS). And hours before the midnight deadline, top officials in Mumbai and New Delhi confirmed that the response was overwhelming. Till 11 pm, the pan-India declarations had exceeded Rs 65,000 crore, implying a tax amount or earning of Rs 30,000 crore for the government.

While the final tally will be announced by Finance Minister Arun Jaitley at a press conference on Saturday afternoon, till evening of Friday, Hyderabad emerged as a top destination with declaration of Rs 13,000 crore, followed by Mumbai (Rs 8,500 crore), New Delhi (Rs 6,000 crore) and Kolkata (Rs 4,000 crore).

Business Standard visited Delhi’s Civic Centre, which houses one of the largest income tax offices in the country, to do a reality check of the Narendra Modi government’s ambitious black money declaration scheme just before the window closed. At the main gate, the register kept for visitors’ entry got filled and the second register had more than 100 entries at 9 pm. The basement parking was overflowing through the day, a clear indication that the scheme had picked up momentum on the last day.

Across several floors of the building, aides of those declaring undisclosed income were lined up till late in the evening. All top officers were at work, handholding people who wanted to come out clean, by paying 45 per cent tax on the declared amount. Among the people who had rushed with the income papers along with fat cheques was a 20 something man with a backpack. He represented a businessman, but remained tight-lipped, in the spirit of the scheme that promises not to give away any detail of the people who had responded to the government’s call.

There were more like him, sitting on sofas outside the commissioners’ rooms or at the elevators, trying to reach the right floor before midnight.

“I am just delivering the form for someone else. This is not my declaration,” said one of those, when asked why he waited for the last minute to make the disclosure.

A helpful principal commissioner pointed out that there was a rush of people over the last two days, with most seeking clarifications about the scheme. Many of the last day declarants were the ones whose forms were rejected earlier because of incomplete information, a source said.

With a sigh of relief, another principal commissioner at 10 pm said over Rs 200 crore worth declarations were received in his office, helping him meet the expectations.

There was no time to break for dinner but cooks, sourced from a prominent restaurant chain, were at work, making cuisines for close to 100 people who stayed up till midnight to accept declarations.

A tax officer gave out the secret of the scheme’s success. “Besides the 900,000 letters that were sent out, we intimated individuals whose information we had. Most of them chose to declare it under the scheme to avoid the risk of prosecution after the window closed,” he said.

In fact, it was during the surveys that many individuals decided to declare their unaccounted income or assets. “During surveys, they asked if they could still declare it. We agreed, and that worked,” he said. In the 1997 tax amnesty scheme — Voluntary Disclosure of Income Scheme (VDIS) — the government had received Rs 33,000 crore in declarations. In contrast, only about 644 declarations worth Rs 4,164 crore were made under the black money window for foreign assets last year, resulting in tax collection of Rs 2,428 crore.

The stiff warning from the Prime Minister against the black money holders earlier this month may have also acted as a trigger for people to avail the one-time Scheme. Modi, in an interview to a private channel, had said, “No one should blame me if I take tough decisions after the 30th (of September).”

The IDS, which charges a one-time effective tax rate of 45 per cent on undisclosed income or property, gave a chance to domestic taxpayers to declare undisclosed income or assets by September 30 and avail immunity from prosecution under the Income-tax Act, Wealth Tax Act and Benami Transactions (Prohibition) Act.

Source: http://www.business-standard.com/article/economy-policy/income-declaration-scheme-rs-65-000-cr-and-counting-116093001207_1.html

Indirect tax mop-up rises 27.5% to Rs 3.36 lakh cr till August

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Net indirect tax collections in the April-August period grew 27.5 per cent to Rs 3.36 lakh crore on the back of surge in excise collections.

The collection till August 2016 show that 43.2 per cent of the annual budget target of indirect taxes, which includes Central Excise, Service Tax and Customs, has been achieved.

Till August, Indirect tax net revenue collections are at Rs 3.36 lakh crore, which is 27.5 per cent more than the net collections for the corresponding period last year.

Net tax collections of Central Excise stood at Rs 1.53 lakh crore during April-August, as compared to Rs 1.03 lakh crore during the corresponding period in the previous financial year, registering a growth of 48.8 per cent.Net collections of Service Tax during April-August stood at Rs 92,696 crore, a growth of 23.2 per cent as compared to Rs 75,219 crore during the same period previous year.

Customs mop-up during April-August was at Rs 90,448 crore as compared to Rs 85,557 crore during the same period last fiscal, registering a growth of 5.7 per cent.
The government hopes to collect Rs 8.47 lakh crore from direct taxes and Rs 7.79 lakh crore from indirect taxes, which includes Customs, excise and service tax, in 2016-17.