Sunday, August 30, 2020

60 DAYS STRATEGY AND SOME STUDY TIPS TO INCREASE EFFECTIVE STUDY HOURS


Planning is very Important to pass the CA Examination or any examination for that matter. Lot of times, I hear that students are not able to study effectively and not able to meet targets on time and this leads to frustration. The reason behind this is lack of planning as you need to plan very well to pass CA Final Examination. 

I am sharing with you all a 60 days study planner cum Test Series Schedule. You can go through the same and Enroll in the Test Series soon and write tests as you prepare. The product which I would suggest to all is Unit+ Full Tests. In this product you get 3 units tests of 50 Marks each covering 33% syllabus each. The benefit of writing Unit Test is that you can prepare small chunk of syllabus and write a test. Completing 100% syllabus of CA Final is a very big Task, accordingly Unit Test wise preparation breaks your syllabus into 3 parts and allows you to prepare easily and effectively. Once you finish with Unit Tests you appear in Full Syllabus Tests based on ICAI paper pattern and in this manner you finish your preparation with 100% confidence as the comments which our evaluators provide on your checked papers really help


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WHY FIRST OPINION TEST SERIES??





1) Detailed Analysis & comments in the Answer Papers will be provided by the experts which will help students identify their mistakes prior to exams & crack the exams easily.

2) Get to know "where it went wrong" instead of just ICAI saying "it went wrong".

3) You don’t have to just do it. You have to do it right! And we guide you to the right direction.

4) Writing an exam paper is not only about Knowledge, but its an Art. You learn the art of writing a perfect answer paper with us.

5) Sufficient writing practise and revisions will take your confidence to next level.

6) Answer Sheets are checked by EXAMINERS OF ICAI

7) Best Test Papers based on ICAI paper pattern 

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9) Special Counselling Session available for Customising Test Schedule from our Team of Expert Chartered Accountants on Student request.

10) Special Counselling Session on performance improvement from our Chartered Accountants on Student request.

TIPS TO INCREASE EFFECTIVE STUDY HOURS

1) The best way to increase effective hours is to steal a nap. As already suggested, you have to take small breaks as studying for long hours is not advisable. Your mind has a saturation point and it needs rest. Some people study in Libraries, so always choose a library which is close to your home so that you can come home for small breaks.   

2) Keep your mobile phones away when you sit for studying as mobile phones are the biggest source of distraction. I would not advise staying away from social media but don't let these distractions affect your study slots. You can do whatever you want in your free time. 

3) Walking is very important. Don't lock yourself in a room for the next 2 months. You need to go out to freshen yourself. These things are equally important as effective hours will increase only when your mind is fresh. So, go out daily that's probably the most important thing according to me.
 

4) Plan for the next day before going to sleep. Out of the last 2 hours slot, take out 30 mins to analyze your entire day performance and plan for the next day. Take out books that you will be using in the next days first slot so that you don't waste time after waking up.

5) Eat well and don't skip meals as if you eat well then only mind works. So, eating healthy food is also important.

6) Make a table dividing it into 2 parts i.e. time utilized and time wasted during a day. Do it for 2 days and you will get to know where you are wasting time. Track yourself for 2 days and do introspection on how you can utilize the time wasted.

7) Use a Stopwatch with lap feature and switch on when you sit down for studying and switch it off when you get up for even 5 minutes break. This will give you your effective hours as well as tell you the time slot where your sitting hours are maximum.


8) Always make short notes and revisionary charts especially for theory subjects as this will save your time in revision and give you motivation also as you tend to revise in lesser time with self prepared notes. 









Saturday, August 29, 2020

CBIC Launches GSTR-2B (29th August 2020): Key Features

The government has decided to continue the existing GST (Goods and Services Tax) return filing system for the time being. The new GST return filing system with forms ANX-1, ANX-2, RET-1 and RET-2 as proposed by the government for the launch has been put on hold until further notice.

In place of launching the new GST return filing system, the government will try to introduce advanced features to the older system. 




SOME DECISIONS THAT GST COUNCIL TOOK IN THE 39TH GST COUNCIL MEETING DATED 14TH MARCH 2020

In order to plug the tax evasion it was decided to link the details of the statement of outward supplies in FORM GSTR-1 to the liability in FORM GSTR-3B. This would be followed by the linking of the input tax credit in FORM GSTR-3B to the details of the supplies reflected in the FORM GSTR-2A. In order to tackle evasion and preventing the gaming of the system, implementation of Aadhaar authentication and spike rules would also be initiated.

A measure to tackle ITC related  issue that Council recommended was introduction of an auto- drafted input tax credit (ITC) statement which would aid in assisting/ determining the input tax credit that is available for every taxpayer.

 The government has launched form GSTR 2B for the Input Tax Credit. The form will help the government as well as the assessees in matching the input and output of ITC in forms GSTR 3B, GSTR-1, and GSTR 2A, accordingly.

 

WHAT IS GSTR2B???

GSTR -2B an auto-drafted ITC statement which will be generated for every register person on the basis of the information furnished by his supplier in their respective GSTR-1, 5(non resident taxable person) and 6 (input service distributor) it is static statement and will be made available for each month on the 12th day of succeeding month. 

GSTR-2B will be available from July 2020 onwards. It can be generated by recipient taxpayers once a month on the 12th for the previous month. For instance, GSTR 2B for July 2020 can be accessed on 12th August 2020

 

KEY FEATURES OF GSTR 2B

1) It contain information on import of goods from the ICEGATE sytem including inward supplies of goods Received form Especial Economic Zone Unites /Developers

2) Taxpayers can now reconcile data generated in Form GSTR-2B, with their own records and books of accounts. Using this reconciliation, they can now file their Form GSTR 3B and they can ensure that no credit is taken twice,credit is reversed as per law, & tax on reverse charge basis is paid.
 

3) It consists of all documents filed by suppliers/ISD in their Form GSTR-1, 5 & 6, between 00:00 hours on 12th day of preceding month to 23:59 hours, on 11th day of current month. Thus, statement generated on 12th of August will contain data from 00:00 hours of 12th July to 23:59 hours of 11th


4) It also contains information on imports of goods from the ICEGATE system including data on imports from Special Economic Zones Units / Developers. Reverse charge credit on import of services is not part of this statement and need to be entered by taxpayers in Table 4(A) (2) of FORM GSTR-3B.


5) The statement will clearly show document-wise details of ITC eligibility.The contents of GSTR-2B is as follows:

a) Summary statement showing ITC available and non-available for every section

b) Advisory for every section that clarifies the kind of action that taxpayers must take.

c) Document-wise details such as invoices, credit notes, debit notes, etc. to view and download.

d) Cut-off dates and advisory for generating and using GSTR-2B.

e) Import of goods and import from SEZ units/developers (available from GSTR 2B of August 2020 onwards).

 

NOTABLE DIFFERENCES BETWEEN GSTR 2A AND GSTR 2B

 

1) GSTR 2A dynamic, as it changes from day to day, as and when the supplier uploads the documents whereas GSTR 2B remains static or constant, as the GSTR-2B for one month cannot change based on future actions of the supplier.


2) Source of Information for GSTR 2A is GSTR-1, GSTR-5 (NR), GSTR-6 (ISD), GSTR-7 (TDS), GSTR-8 (TCS) whereas source of Information for GSTR 2B is GSTR-1, GSTR-5, GSTR-6, ICEGATE system

 

3) GSTR 2A does not contains details of ITC related to Import of Goods whereas GSTR 2B contains ITC on import of goods as obtained from ICEGATE system.



This was a small write up to explain about recently released GSTR 2B. Since, this is the first time that the statement is being introduced, by taxpayers are advice to refer to GSTR -2B for the month of July 2020. 

All taxpayer as advised to view that detailed  advisory relating to GSTR -2B on the common portal before using the statement .

The Taxpayer can assess their GSTR-2B through: Login to GST Portal >Return Dashboard >Select Return period >GSTR2B

 

Download GSTR 2B Advisory 

 

 

 

 

 


Thursday, August 27, 2020

KEY HIGHLIGHTS OF THE 41ST GST COUNCIL MEETING HELD ON 27TH AUG 2020 AT NEW DELHI

The 41st GST Council meeting was held today, 27/08/2020, Thursday with the agenda of compensation for loss of revenue arising from the implementation of GST. The 41st meeting of the GST Council was held via video conferencing.






States are guaranteed full compensation for the first five years of the GST regime in case they fail to record 14 per cent growth in revenues from GST on the base year of FY16.

The compensation requirement by the states in the current fiscal would be Rs 3 lakh crore, of which Rs 65,000 crore is expected to be met from the cess levied in the GST regime. Hence, the total shortfall is estimated at Rs 2.35 lakh crore

The shortfall for the FY 2020-21 works out to be Rs 2,35,000 crore. Out of this, Rs 97,000 crore is the shortfall due to GST implementation, whereas the rest is considered as due to COVID-19, which is an act of god. The states have been provided with two options to meet the shortfall of compensation cess.

OPTION 1: The centre can facilitate Rs 97,000 crore to states as borrowings, through a special window by the RBI, and this can be repaid after 5 years on the collection of cess paying a reasonable rate of interest.

OPTION 2: The other is for states to borrow Rs 2.35 trillion from the market, with the RBI as a facilitator. However, the burden of repayment will not be on states. The timeline for cess imposed on sin and luxury goods will be extended beyond June 30, 2022 (up to which states are Constitutionally guaranteed compensation), to help service the debt.

This means that States can borrow about Rs 97,000 crore -- the deficit arising out of GST implementation -- or the entire Rs 2.35 lakh crore. If states agree to either of the options, it would effectively mean that cess would continue beyond five years of GST rollout

A detailed note on the two options would be shared with the states and they would give their views on it in seven working days.

The Centre has made a distinction between revenue lost due to implementation of the GST and the economic slowdown arising out of the COVID-19 crisis. The government said its legal obligation was only to compensate states for losses arising out of the GST rollout.


Tuesday, August 25, 2020

Breach of Trust by Government- Notification No 63/2020 Dated 25.08.2020

Text of Notification No 63/2020- Central Tax Dated 25th August 2020


In exercise of the powers conferred by sub-section (2) of section 1 of the Finance (No. 2) Act, 2019 (23 of 2019), the Central Government hereby appoints the 1st day of September, 2020, as the date on which the provisions of section 100 of the Finance (No. 2) Act, 2019 (23 of 2019), shall come into force. 



Some Facts to understand this issue

As per Sec 50 (1) of the CGST Act 2017 Every person who is liable to pay tax in accordance with the provisions of this Act or the rules made there under, but fails to pay the tax or any part thereof to the Government within the period prescribed, shall, for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent, as may be notified by the Government, on the recommendation of the Council.


The legislation effective from 1st July 2017 did not provide the needed clarity on whether the levy of interest is on gross liability or net liability remaining after setting off the ITC.


In the 31st GST Council meeting held in New Delhi on 22nd December 2018-‘Amendment of Section 50 of the CGST Act was proposed to provide that interest should be charged only on the net tax liability of the taxpayer, after taking into account the admissible input tax credit, i.e., interest would be leviable only on the amount payable through the electronic cash ledger.’’


Amendment was inserted through the Finance Act, 2019 enacted on 1st August 2019, but the same was not notified


In 39th GST Council meeting held on 14th March 2020 it was proposed that as a measure for Trade Facilitation Interest for delay in payment of GST to be charged on the net cash tax liability w.e.f. 01.07.2017 (Law to be amended retrospectively). 


Copy of Press Release of the 39th GST Council Meeting 

Today i.e 25th August 2020 Notification No 63/2020 Central Tax has been issued which states Interest in GST to be levied on "Net Tax liability", a proviso, which was inserted vide section 100 of the Finance (No. 2) Act, 2019 (23 of 2019), now got notified w.e.f 01/09/2020 vide Notification No. 63/2020-Central Tax, dated. 25th August, 2020.


Clearly this is Breach of Trust on part of Central Government and CAs, Council of the Institute of the Chartered Accountants of India and other professionals must raise this issue. This has to be rolled back.

Sunday, August 23, 2020

IIPM Director Arindam Chaudhuri arrested for Rs 23 crore undue CENVAT claim

Arindam Chaudhuri, director of Indian Institute of Planning and Management (IIPM) has been arrested by the CGST South Delhi Commissionerate. Arrest has been made on an alleged undue claim of CENVAT of service tax credit of about Rs 23 crore.


He was arrested by the Central Goods & Services Tax (CGST) South Delhi Commissionerate under Section 89 of the Finance Act which enlists penalties for evading payment of service tax.

Chaudhuri faces charges relating to an alleged undue claim of Central Value Added Tax (CENVAT) of service tax credit of about Rs 23 crore.

Gurudas Malik Thakur, who is the Director of the company, has also been arrested under the same offences and sent to 14 days’ judicial custody.

The arrest was made over irregularities in IIPM balance sheet. He allegedly made a credit entry of nearly Rs 23 crore after facing a cash shortfall to pay the service tax.

He showed this amount in next year's balance sheets, but this was never paid.

Brief About Sec 89 of the Finance Act

Whoever commits any of the following offences, namely

89(1)(a) knowingly evades the payment of service tax under this Chapter

89(1)(b) avails and utilizes credit of taxes or duty without actual receipt of taxable service or excisable goods either fully or partially in violation of the rules made under the provisions of this Chapter

89(1)(c) maintains false books of account or fails to supply any information which he is required to supply under this Chapter or the rules made there under; or supplies false information

89(1)(d) collects any amount as service tax but fails to pay the amount so collected to the credit of the Central Government beyond a period of six months from the date on which such payment becomes due

shall be punishable

1) in the case of an offence where the amount exceeds Rs. 50 lakh: with imprisonment for a term which may extend to 3 years. However, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for a term of less than six months. 

2) in any other case, with imprisonment for a term which may extend to 1 year.


Friday, August 21, 2020

Aadhaar verification or Physical verification of premises mandatory for GST registration from 21.08.2020 (Notification 62/2020 )

 


1) CBIC has issued Notification No 62/2020 dated 21st August 2020 which seeks to make Tenth ammendment to the CGST rules. These rules may be called the Central Goods and Services Tax (Tenth Amendment) Rules, 2020.

2) These shall be effective from 21st August 2020 i.e date of their publication in the Official Gazette.

3) As per the amendment the Businesses registered under GST can opt for Aadhaar authentication, in absence of which registration would be granted only after physical verification of the place of business.

4) Where a person fails to undergo authentication of Aadhaar number or does not opt for authentication of Aadhaar number, the registration shall be granted only after physical verification of the place of business in the presence of the said person

5) A taxpayer registering under GST can opt for Aadhaar authentication, in which case registration is deemed to be granted within 3 days without a physical inspection of the premises.

6) Notice in Form GST REG- 03 will be issued within 21 days from the date of submission of the application made without opting for Aadhaar Authentication

7) Officer has to act upon the application within 21 working days from the date of submission of the application in cases where Aadhaar Authentication is not opted for.

8) With the linkage of Aadhaar with GST and PAN (permanent account number), there would be a centralized database available with the government which will facilitate data analytics and help in checking tax evasion

9) In nutshell authentication of Aadhaar number would be a norm for GST registration in absence of which registration would be granted only after physical verification of the place of business.

10) The above changes shall be applicable for all applications of registration wef 21.08.2020    

Wednesday, August 19, 2020

PROCEDURE TO GET EXTENSION FOR HOLDING AGM AFTER CIRCULAR DATED 17TH AUG 2020

Ministry of Corporate Affairs has surprised all by issuing a circular No 28/2020 dated 17th August 2020 clarifying about the extension of holding Annual General Meeting for the companies completing their financial year as at 31st March 2020. 













The companies which are unable to hold their AGM for the financial year ended on 31.03.2020, ought to file their application in Form GNL-1 for seeking an extension of time in holding of AGM for the financial year ended on 31st March 2020 with the concerned Registrar of Companies on or before 29th September 2020.


Procedure to seek an extension of 2020 AGM

1) Hold Board Meeting for approving the extension of the AGM

2) After the Board Approve the proposal, make application to Registrar in Form GNL- 1 till 29th September 2020.

3) Due to Covid-19, the Registrar of companies is hereby advised to consider all such applications (Filed in GNL-1) liberally in view of hardship faced by stakeholders and to grant an extension for the period as applied for (Up to Three Months).

4) A true copy of Board resolution and reason for extension (Covid 19) to be attached and mentioned with GNL-1

5) The Registrar of Companies shall issue Certificate of Extension of Annual General Meeting upon submission of all required documents. However, there is a provision in the act which give power to Registrar of Companies to extend the time for holding of the AGM maximum by 3 months


Consequences of failing to hold AGM in time

If a a company fails to hold the AGM within the due date then, such a company is liable for penalties u/s 99 of the Companies Act, 2013 i.e. (complying with any directions of the Tribunal, the company and every officer of the company who is in default shall be punishable with a fine which may extend to one lakh rupees and in the case of continuing default, with a further fine which may extend to five thousand rupees for every day during which such default continues).

Monday, August 17, 2020

Turnover Computation & Tax audit applicability for F&O Transactions




Speculative Transaction


As per Section 43(5) of the Income Tax Act, 1961, any transactions relating to purchase and sale of commodity, shares and scripts settled without taking delivery (this means the purchase or sale won’t enter Demat account) will be treated as “Speculative transaction”. Thus, intra-day trading in stocks is a speculative transaction.


However, trading in derivatives and F&O transaction including commodity derivatives on a recognised stock exchange will not be considered as a speculative transaction (even though the delivery is not taken) and thus, F&O transaction is a Normal business transaction / Non-speculative transaction.

Turnover for the purpose of determining whether tax audit is applicable to F & O Trading or not is calculated a little differently. Based on the guidance note of ICAI, following items should be considered to constitute turnover:-

1) The total of positive and negative differences
2) Premium received on sale of options is also to be included in turnover
3) In respect of any reverse trades entered, the difference thereon But not the total value of contract.


Tax Audit in case of Futures and Options 


1) In the case of profit from derivative transactions, tax audit will be applicable if the turnover from such trading exceeds Rs. 1 crore.

2)If the turnover from such trading exceeds Rs. 1 crore but less than 2 crore then the audit can be avoided if we can show the profit at minimum 8% (6%, if all trades are digital).

3) Tax audit u/s 44AB r/w section 44AD will also be applicable, if the net profit from such transactions is less than 8% (6%, if all trades are digital) of the turnover from such transactions.

Further, please note that any turnover more than 2 crore then audit u/s 44AB will  be applicable irrespective of Profit and Loss

 4) If there is loss in F&O trading or the Net profit is less than 8% (6%, if all trades are digital) of the turnover or the turnover exceeds Rs. 1 crore, then provisions of Tax Audit are applicable and in order to get tax audit done, maintenance of books of account are mandatory.

Sunday, August 16, 2020

SFT – Statement of Financial Transaction Scope Extended (13.08.2020)

SFT is a report of specified financial transactions by specified persons including prescribed reporting financial institution. Such specified persons who register, maintain or record such specified financial transaction are under a mandate to submit SFT to the income tax authority or such other specified authority or agency.



Section 285BA authorizes Central Board of Direct Taxes (CBDT) to prescribe different values with respect to different specified financial transactions in respect of different specified persons having regard to the nature of such transactions

The scope of Statement of Financial Transactions (SFT) has been expanded to widen the tax base. Once the CBDT releases the notification in this regard, the notified persons should report the following transactions in their SFT:

1) Payment to hotels above Rs. 20,000

2) Payment of property tax above Rs.20,000

3) Payment of health insurance premium above Rs.20,000

4) Payment of rent above Rs.40,000

5) Payment of life insurance premium above Rs.50,000

6) Electricity consumption above Rs.1 lakh

7) Payment of educational fee/donations above Rs.1 lakh p.a

8) Purchase of jewellery, white goods, painting, marble etc. above Rs.1 lakh

9) Deposit/credits in the current account above Rs.50 lakh

10)Deposit/credits in the non-current account such as savings accounts above Rs.25 lakh

11)Domestic business class air travel or foreign travel

12)Share transactions/D-MAT accounts/Bank lockers


Also, it is to be noted that the following persons should file their SFT return mandatorily:

1) A person having bank transactions above Rs.30 lakhs

2) All professionals and business having turnover above Rs 50 lakhs

STUDY TIPS FOR CA FINAL AUDIT

 






1) Choose your study resource very wisely as if you have selected the correct study resource, half the job is done. ICAI study material is good but supplements it with a good scanner. A scanner is a must for all as merely reading the SA’s and other provisions without supplementing it with a scanner will be of no use.


2) Make summary charts of important SA’s and these charts must be me prepared by you as to when you write a provision you will never forget it. There are some SA’s which are quite difficult like SA 300 Series, SA 400 Series etc. So must draw charts for these SA’s as it is easy to revise with charts then reading from the book. I would suggest you to the same exercise for other special audit chapters too like Peer Review, LODR, Fiscal laws etc.


3) Plan in such a way that you must revise the subject at least two times, i.e. First Reading, Revision 1 and Revision 2 and with each reading the time should reduce. Mark the keywords in first reading so that you could focus more on these words in revisions. Also, refer QuestionBank side by side, i.e. if you completed a SA or a Chapter then refer all the Questions of that particular topic and mark the Important ones so that you could focus on them later. This marking part is really important as you have to cut-down time with each revision.


4) In Audit, the right phrases and words are important. Often, the language of the Institute is what pushes students to pass the subject. Make a Summary of all technical terms, write them down separately and revise them on frequent basis. Whichever Author you refer to, make sure to refer to the Practice Manual as well to learn how to phrase your answers.


5) For SA’s I would suggest you to watch the revision lecture on SA’s which are available on YouTube before reading the SA. This will give you an idea as to what exactly particular SA talks of and reading the SA after watching a video would be a cakewalk. This is irrespective of whether you have taken classes of the audit or not. Do it like this & I am sure you’ll love it!!!


6) It is also advisable to mention applicable Engagement Quality Control Standards or Accounting Standards or Sections in audit paper wherever required. Answer should be crisp, precise and to the point to secure good marks.


7) Writing practice is a must for every paper of CA Final and especially for theoritical subjects like audit, law and ISCA. Must practice past papers, RTP's and MTP's by writing. We have a Test series for CA Final, you may enroll if you wish to get best evaluation and detailed feedback about your answers so that you could improve. Drop message (whatsapp/Telegram) at 9899218725 in case you wish to enroll.


8) As far reading time in the examination is concerned, try to strike off one question which you will leave in choice and give A, B, C and so on to the remaining questions in series in which you will attempt the questions. The first impression is the last impression, so first, 2-3 Questions has to be perfect. You can follow this strategy for all papers.


9) Quote Sections and SA’s in the examination only if you are 100% sure otherwise use this sentence ‘As per Relevant Provision of the Act/ As per relevant Audit and Engagement issued by ICAI.”


10) Don’t rely solely on SA’s as they account for 30-35 Marks and you have to plan for other 65-70 marks as well. Start with smaller topics rather than SA’s. Do a short chapter like peer review and then pick up a SA Series and so on.


This was a small write up with regards to CA Final Auditing. I will try to share such tips and suggestions for other subjects too. Must follow the blog and subscribe telegram channel t.me/professionalsansaaarofficial for all updates related to CA Final Nov 20. 

FEW TIPS TO INCREASE EFFECTIVE STUDY HOURS

 



1) The best way to increase effective hours is to steal a nap. I suggest you to take small breaks as studying for long hours is not advisable. Your mind has a saturation point and it needs rest. Some people study in Libraries, so always choose a library which is close to your home so that you can come home for small breaks.

2) Keep your mobile phones away when you sit for studying as mobile phones are the biggest source of distraction. I would not advise staying away from social media but don't let these distractions affect your study slots. You can do whatever you want in your free time.

3) Walking is very important. Don't lock yourself in a room for the next 2-3 months. You need to go out to freshen yourself. These things are equally important as effective hours will increase only when your mind is fresh. So, go out daily that's probably the most important thing according to me.

4) Plan for the next day before going to sleep. Out of the last 2 hours slot, take out 30 mins to analyze your entire day performance and plan for the next day. Take out books that you will be using in the next days first slot so that you don't waste time after waking up.

5) Eat well and don't skip meals as if you eat well then only mind works. So, eating healthy food is also important.

6) Make a table dividing it into 2 parts i.e. time utilized and time wasted during a day. Do it for 2 days and you will get to know where you are wasting time. Track yourself for 2 days and do introspection on how you can utilize the time wasted.

7) Use a Stopwatch with lap feature and switch on when you sit down for studying and switch it off when you get up for even 5 minutes break. This will give you your effective hours as well as tell you the time slot where your sitting hours are maximum.

8) Always make short notes and revisionary charts especially for theory subjects as this will save your time in revision and give you motivation also as you tend to revise in lesser time with self prepared notes. 

Saturday, August 15, 2020

GST DEADLINES THAT ENDS ON 31ST AUGUST 2020

  • GSTR-4 is an annually form to be filed by composition dealer. 31st August, 2020 is the last date for filing of GSTR-4 for financial year 2019-20.
  • ITC-04 is related to job worker and submitted by the principal every quarter. It is furnished on or before 25th day of the month succeeding the quarter. Last date of ITC 04 of the 4th quarter of 2019-20 and first quarter of 2020-21 is 31st August, 202
  • GSTR-5 is submitted by Non- Resident taxable person. Due date for GSTR-5 for the month of March 2020 to July 2020 is extended to 31st August, 2020
  • GSTR-5A is submitted by the OIDAR service providers. GSTR-5A is furnished on or before within 20 days after the end of the month. Due date for GSTR-5A for the month of March 2020 to July 2020 is extended to 31st August, 2020.
  • GSTR-6 is filed by input service distributors (ISD). It is filed within 13 days from the end of the month. Due date for GSTR-6 for the month of March 2020 to July 2020 is extended to 31st August, 2020.
  • GSTR-7 is to be filed by TDS deductor. It is furnished within 10 days after the end of the month in which tax has been deducted at source.Due date for GSTR-7 for the month of March 2020 to July 2020 is extended to 31st August, 2020.
  • GSTR-8 is submitted by E-commerce operator who collects tax at source under the section 52. It is furnished within 10 days after the end of the month in which collection of tax at source is made. Due date for GSTR- 8 for the month of March 2020 to July 2020 is extended to 31st August, 2020.



E- ASSESSMENT TO FACELESS ASSESSMENT: BULLET POINTS

  1.  All communication among assessment unit (‘AU’), review unit (‘RU’), verification unit (‘VU’), or technical unit (‘TU’) or with assessee or any other person shall be through National e-Assessment Centre (‘NEC’).

  2. Assessment under section 143(3) and 144 are covered in Faceless Assessment Scheme
    .
  3. Transition to Faceless Assessment Scheme – where 143(2) already served by the Income tax authority, or return of income (‘ROI’) not filed in response to 142(1), or ROI not filed in response to 148 and 142(1) also served

  4. After completion of assessment, NEC will transfer all the electronic records to jurisdictional Assessing Officer (‘AO’), for any further action as required under the Income tax Act

  5. NEC may at any stage of assessment proceedings, if considered necessary, transfer the case to jurisdictional AO

  6. Assessee/Any Other person shall not be allowed to present in person or through authorised representative

  7. Any examination or recording of statement shall be through video conferencing only (except under sec 133A)

  8. Assessee need to file response through his registered account.

Friday, August 14, 2020

Special Measures under the Companies Act, 2013 (CA-2013) and Limited Liability Partnership Act, 2008 in view of COVID-19 outbreak

 In order to support and enable Companies and Limited Liability Partnerships (LLPs) in India to focus on taking necessary measures to address the COVID-19 threat, including the economic disruptions caused by it, the following measures have been implemented by the Ministry of Corporate Affairs to reduce their compliance burden and other risks:

i. No additional fees shall be charged for late filing during a moratorium period from01st April to 30th September 2020, in respect of any document, return, statement etc., required to be filed in the MCA-21 Registry, irrespective of its due date, which will not only reduce the compliance burden, including financial burden of companies/ LLPs at large, but also enable long-standing non compliant companies/ LLPs to make a ‘fresh start’. The Circulars specifying detailed requirements in this regard are being issued separately.


ii. The mandatory requirement of holding meetings of the Board of the companies within the intervals provided in section 173 of the Companies Act, 2013 (CA-13) (120 days) stands extended by a period of 60 days till next two quarters i.e., till 30th September. Accordingly, as a one-time relaxation the gap between two consecutive meetings of the Board may extend to 180 days till the next two quarters, instead of 120 days as required in the CA-13.

iii. The Companies (Auditor’s Report) Order,2020 shall be made applicable from the financial year 2020-2021 instead of being applicable from the financial year 2019-2020 notified earlier. This will significantly ease the burden on companies & their auditors for the financial year 2019-20. A separate notification has been issued for this purpose.


iv. As per Para VII (1) of Schedule IV to the CA-13, Independent Directors (lDs) are required 
to hold at least one meeting without the attendance of Non-independent directors and members of management. For the financial year 2019-20, if the lDs of a company have not been able to hold such a meeting, the same shall not be viewed as a violation. The lDs, however, may share their views amongst themselves through telephone or e-mail or any other mode of communication, if they deem it to be necessary.


v. Requirement under section 73(2)(c) of CA-13 to create the deposit repayment reserve of 20% of deposits maturing during the financial year 2020-21 before 30th April 2020 shall be allowed to be complied with till 30th June 2020.

vi. Requirement under rule 18 of the Companies (Share Capital & Debentures) Rules, 2014 to invest or deposit at least 15% of amount of debentures maturing in specified methods of investments or deposits before 30th April 2020, may be complied with till 30th June 2020.

vii. Newly incorporated companies are required to file a declaration for Commencement of Business within ‘180 days of incorporation under section 10A of the CA-13. An additional period of 180 more days is allowed for this compliance.

viii. Non-compliance of minimum residency in India for a period of at least 182 days by at least one director of every company, under Section 149 of the CA-1 3 shall not be treated as a non-compliance for the financial year 2019-20.

RIGHTS OF A TAXPAYER AS PER TAXPAYERS CHARTER

 1. provide fair, courteous, and reasonable treatment
The Department shall provide prompt, courteous, and professional assistance in all dealings with the taxpayer.


2. treat taxpayer as honest
The Department shall treat every taxpayer as honest unless there is a reason to believe otherwise


3. provide mechanism for appeal and review
The Department shall provide fair and impartial appeal and review mechanism

4. provide complete and accurate information
The Department shall provide accurate information for fulfilling compliance obligations under the law

5. provide timely decisions
The Department shall take decision in every income tax proceeding within the time prescribed under law 

6. collect the correct amount of tax
The Department shall collect only the amount due as per the law.

7. respect privacy of taxpayer
The Department will follow due process of law and be no more intrusive than necessary in any inquiry, examination, or enforcement action.

8. maintain confidentiality
The Department shall not disclose any information provided by taxpayer to the department unless authorized by law.

 9. hold its authorities accountable
The Department shall hold its authorities accountable for their actions.

10. enable representative of choice
The Department shall allow every taxpayer to choose an authorized representative of his choice.

11. provide mechanism to lodge complaint
The Department shall provide mechanism for lodging a complaint and prompt disposal thereof.

12. provide a fair & just system
The Department shall provide a fair and impartial system and resolve the tax issues in a time-bound manner

13. publish service standards and report periodically
The Department shall publish standards for service delivery in a periodic manner.

14. reduce cost of compliance
The Department shall duly take into account the cost of compliance when administering tax legislation



Thursday, August 13, 2020

KEY HIGHLIGHTS OF INDIA'S TRANSPARENT TAXATION CHARTER

1)Faceless assessment and taxpayer charter are applicable starting today.

2) Tax scrutiny can be assigned to any officer in any city in India to ensure that it doesn’t matter who the taxpayer is or who the assessor is. “The possibility of familiarity or influence will now be zero,”

3) Even appeals will become ‘faceless’ starting September 25.


4) Applying technology to reduce the taxpayer's interface with officials.


FRESH REGISTRATION REQUIRED FOR CHARITABLE TRUST AND EXEMPT INSTITUTIONS U/S 80G, 12A OR 12AA OF INCOME TAX ACT 1961

 All Charitable trusts and exempt institution which are already registered under section 80G, 12A or section 12AA of Income Ta Act, 1961 will now be required to obtain FRESH REGISTRATION by December 31, 2020. Provisions of registration under section 80G, 12AA or section 12A will be redundant from 31st December, 2020 and a new section 12AB will come into force with effect from 01st January 2021. All the existing registered trusts under the erstwhile section 80G, 12A or section 12AA would move to new provision section 12AB. The new section 12AB proposes to change the registration process by prescribing the time frame for processing the application and validity of such a registration certificate so granted under the new section 12AB. An order granting registration or approval shall be passed within 3 months of the application. Such registration or approval shall be valid for 5 years. Similarly, charitable trusts and exempt institutions which already have Section 80G certificate will now be required to reapply for registration or approval by December 31, 2020.The registration shall remain valid for 5 years.

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