December 28, 2023

Section 212 – The Insolvency and Bankruptcy Code, 2016

Governing Board of information utility. The Board may, for ensuring that an information utility takes into account the objectives sought to be achieved under this Code, require every information utility to set up a governing board, with such number of independent members, as may be specified by regulations. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Section 212 – The Insolvency and Bankruptcy Code, 2016 Read More »

Section 211 – The Insolvency and Bankruptcy Code, 2016

Appeal to National Company Law Appellate Tribunal Any information utility which is aggrieved by the order of the Board made under section 210 may prefer an appeal to the National Company Law Appellate Tribunal in such form, within such period, and in such manner, as may be specified by regulations. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Section 211 – The Insolvency and Bankruptcy Code, 2016 Read More »

Who is eligible for E-invoice?

In India, E-invoice is a process of generating and exchanging invoices electronically between businesses and the government. The government has introduced the e-invoicing system as part of its Digital India initiative to reduce paperwork and improve the ease of doing business in the country. As per the latest guidelines by the GSTN, businesses with an annual turnover of more than Rs. 10 crores are required to generate electronic invoices for B2B transactions. Companies must register with the e-invoicing system and generate e-invoices for all business transactions. -Invoicing under GST denotes electronic invoicing defined by the GST law. Just like how a GST-registered business uses an e-way bill while transporting goods from one place to another. Similarly, certain notified GST-registered businesses must generate e invoice for Business-to-Business (B2B) transactions. What is e-invoice? The Goods and Services Tax Network (GSTN) is the government organization responsible for developing and maintaining the technological ecosystem for India’s new Goods and Services Tax (GST) regime. It is the backbone of the GST regime and provides the technology infrastructure and services for filing GST returns online. It also maintains the GST portal and provides e-invoicing services for registered businesses. The GSTN has partnered with the Institute of Chartered Accountants of India (ICAI) and the National Payments Corporation of India (NPCI) to set up the e-invoicing system in India. E-invoicing is a system for automating the entire process of creating, sending, and storing digital invoices. It is an electronic version of a traditional paper invoice, which is generated and stored electronically instead of being printed and mailed. The main objective of e-invoicing is to make the invoicing process simpler, faster, and more efficient. The GSTN has introduced E-invoicing in an attempt to help streamline the process and ensure that all the necessary details are captured in a single invoice Who must generate e invoice and its Applicability? The e invoice applicability can be explained as follows- Turnover criteria or e Invoice limit Phase Applicable to taxpayers having an aggregate turnover of more than Applicable date Notification number I Rs 500 crore 01.10.2020 61/2020 – Central Tax and 70/2020 – Central Tax II Rs 100 crore 01.01.2021 88/2020 – Central Tax III Rs 50 crore 01.04.2021 5/2021 – Central Tax IV Rs 20 crore 01.04.2022 1/2022 – Central Tax V Rs 10 crore 01.10.2022 17/2022 – Central Tax VI Rs 5 crore 01.08.2023 10/2023 – Central Tax The taxpayers must comply with e-invoicing in FY 2022-23 and onwards if their e invoice limit or turnover exceeds the specified limit in any financial year from 2017-18 to 2021-22. Also, the aggregate turnover will include the turnover of all GSTINs under a single PAN across India. If the turnover in the last FY was below the threshold limit but it increased beyond the threshold limit in the current year, then e-Invoicing would apply from the beginning of the next financial year i.e. FY 2023-24. Suppose, ABC ltd aggregate turnover was as follows- FY 2017-18: Rs 15 crore FY 2018-19: Rs 17 crore FY 2019-20: Rs 24 crore FY 2020-21: Rs 19 crore FY 2021-22: Rs 18 crore Suppose, QPR ltd started business in FY 2019-20 and earned aggregate turnover as follows- FY 2019-20: Rs 4 crore FY 2020-21: Rs 7 crore FY 2021-22: Rs 11 crore   The ABC Ltd shall mandatorily generate e invoices from 01.04.2022 irrespective of the current year’s aggregate turnover as it has crossed the Rs 20 crore turnover limit in FY 2019-20. On the other hand, QPR ltd should comply with e-Invoicing from 1st October 2022 since its previous year’s annual turnover exceeds Rs.10 crore. The fifth phase of e-Invoicing works similar to the fourth phase. Watch the below video to learn easily. Transactions and documents criteria The following transactions and documents listed below fall under  e invoicing applicability – Documents Transactions Tax invoices, credit notes and debit notes under Section 34 of the CGST Act Taxable Business-to-Business sale of goods or services, Business-to-government sale of goods or services, exports, deemed exports, supplies to SEZ (with or without tax payment), stock transfers or supply of services to distinct persons, SEZ developers, and supplies under reverse charge covered by Section 9(3) of the CGST Act. What are the benefits of e-invoicing? By utilizing the e-invoicing system, taxpayers can gain the following benefits: E-invoicing allows businesses to streamline their invoicing process, reduce costs, and improve compliance with government regulations. The e-invoicing system is integrated with the GST portal, allowing businesses to generate and file their invoices directly with the GST portal, instead of having to manually submit. E-invoicing allows businesses to generate e-invoices, track them, and monitor their status. Who is eligible for e-invoice? As per the latest guidelines by the Goods and Services Tax Network (GSTN), the following categories of taxpayers are required to generate and issue E-invoices for their business transactions: Taxpayers with an aggregate turnover exceeding Rs.500 crores in any preceding financial year from 2017-18 onwards. Taxpayers engaged in the export of goods or services. Taxpayers who are required to deduct tax at source (TDS) under the GST regime. Taxpayers who are engaged in the supply of goods or services on behalf of other registered persons, known as the ‘Input Service Distributor’. DTA units must issue an e-invoice applicability check under the GST applicability, if they meet other requirements for eligibility. Who need not comply with e-Invoicing? However, irrespective of the turnover, e-Invoicing shall not be applicable to the following categories of registered persons for now, as notified in CBIC Notification No.13/2020 – Central Tax, amended from time to time- Notified Businesses Documents Transactions 1)An insurer or a banking company or a financial institution, including an NBFC 2) A Goods Transport Agency (GTA) 3) A registered person supplying passenger transportation services 4) A registered person supplying services by way of admission to the exhibition of cinematographic films in multiplex services 5) An SEZ unit (excluded via CBIC Notification No. 61/2020 – Central Tax) 6) A government department and Local authority (excluded via CBIC Notification No. 23/2021 – Central Tax)  7) Persons registered in terms of Rule 14 of CGST Rules (OIDAR) Delivery challans, Bill of supply, financial or commercial credit

Who is eligible for E-invoice? Read More »

Rate of Depreciation on Computer Accessories and Peripherals

Computers, laptops and printers have become vital tools for companies and individuals in today’s fast-paced technological environment. Such devices, like any other asset, have a finite lifespan and depreciate over time. Understanding computer, laptop, and printer depreciation rates is critical for proper financial reporting and tax purposes.  you should be awareof thedepreciationrate on Computer Accessories and Peripherals.So, if you are using it for business than while calculating taxable business income assessee can claim deduction of depreciation at 40% but it should fall under the expression “computer” as defined in Income Tax Act, 1961. Computer and Laptop Depreciation Rate The depreciation rate is the percentage by which an asset drops in its value throughout its total useful life. The Income Tax Act 1961 covers depreciation rates under Section 32. As computers and laptops are tangible assets, it is presumed that they will depreciate in value with every passing year.  One critical component for corporate organisations is identifying which equipment qualifies as a computer in order to take advantage of a 40% depreciation rate. This enables them to deduct 40% of the cost of computers and software from their taxable business revenue.  If an item does not match the definition of a computer, it may nevertheless be eligible for the plant and machinery depreciation rate of 15%. This distinction is critical in maximising tax benefits. What exactly do you mean when you say the word “computer”? The Income Tax Act of 1961, as well as the Income Tax Rules and General Clauses Act of 1987, don’t really define what constitutes the term “computer”. The interpretation of the phrase “computer” can be assessed utilizinglegal principles, whichimplies that the significance of the phrase “computer” must be assessed not only by reviewing a dictionary, but also by implementing a popular nomenclature or large scale common usage test and evaluating the legislature’s purpose in setting the maximum rate of depreciation. Cases of historical significance- The opinion expressed by the panel in Ushodaya Enterprises Ltd. v. Assistant Commissioner of Income Tax, Circle-16 (2), and Hyderabad, is that the term “computer” is not specific solely in terms of central processing units (CPU). The Hon’ble Bench went on to say that while the function of a computer as a composite unit is to execute logical, arithmetical, or memory tasks, etc., the CPU is not the only piece of hardware which conducts these activities and may be called a “computer.” The ‘computer’ comprises both input and output devices such as that of the keyboards, cursor, printers, barcode, broadband, switchgear, adapters, cable management, and so forth. The bench put forward a test to identify whether the particular object can be a part in the ambit of same to get the depreciation. When any hardware of computer is used as the essential part to run the computer can be considered under the ambit defined. Whereas if any part s not used as a necessary accessory to the one that it is not entertain under the same. Laptop and Computer Depreciation Rate As Per Companies Act Computer and laptop depreciation rate as per Income Tax Act is based on the useful life and residual value of the assets. The rate applicable in this case applies to assets purchased after or on 1st April 2014, with a residual value considered 5%. The rates applicable as per Companies Act 2013 are as follows: Rate as per straight line method: 31.67% Rate as per written down value (WDV): 63.16% Useful life: 3 years It is vital to remember that if you wish to use the WDV method of depreciation on your computers, you must generate a new depreciation rate using the formula below:  R = {1-(s/c)^1/n}*100 Here,  n = remaining useful years of asset c = cost of asset / written down value of an asset s = scrap value of an asset at the end of its useful life R = rate of depreciation (%) Laptop and Computer Depreciation Rate As Per Income Tax Act The Income Tax Act has its own rules for computing depreciation rates for laptops and computers. These rates are often higher than those under Companies Act, allowing quicker tax write-offs.  In general, the Income Tax Act follows a block system where different categories of assets fall into specific blocks, each with its prescribed depreciation rates. Computer and Laptop depreciation rate as per Income Tax Act falls under the asset class of Plant and Machinery. The rate of deduction considered here is 40%. However, you must follow all the clauses under Rule 5(2) to be eligible for a 40% depreciation rate.  You can calculate depreciation for your laptops and computers under the specific rate of the Income Tax Act by using the following formulas: Depreciation rate per year = 1/useful asset’s life Depreciation value per year = (Cost of an asset – Salvage value of an asset) / Depreciation rate per year Printer Depreciation Rate Printers are essential in workplaces and households because they allow us to make tangible copies of digital documents. Printers, like computers and laptops, depreciate over time. The depreciation rate on printers falls under the category of computer peripherals, where you can claim a deduction of 40%. Residual value and useful life of the printer are the factors that determine this rate. Printer Depreciation Rate as Per Companies Act As per Companies Act 2013, the depreciation rate applicable to printers falls under the category of “Special Plant and Machinery ”. This rate is determined based on the useful life of the printer, which is 13 years. The depreciation rate is charged based on two different methods. They are: Straight Line Method (SLM): 7.31% Written Down Value (WDV): 20.58% Printer Depreciation Rate as Per Income Tax Act As per the Income Tax Act, printers fall under the asset class of Plant and Machinery, where the applicable rate is 40%. During the fiscal year 2017-18, the depreciation rate changed, resulting in a maximum applicable rate of 40% on any asset. To be qualified for this depreciation rate, eligibility for all of

Rate of Depreciation on Computer Accessories and Peripherals Read More »