Shruti

Section 71 – Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

Chapter not to apply to certain persons The provisions of this Chapter shall not apply— (a) to any person in respect of whom an order of detention has been made under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974): Provided that—  (i) such order of detention, being an order to which the provisions of section 9 or section 12A of the said Act do not apply, has not been revoked on the report of the Advisory Board under section 8 of the said Act or before the receipt of the report of the Advisory Board; or  (ii) such order of detention, being an order to which the provisions of section 9 of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the Advisory Board under section 8, read with sub-section (2) of section 9, of the said Act; or  (iii) such order of detention, being an order to which the provisions of section 12A of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the Advisory Board under section 8, read with sub-section (6) of section 12A, of the said Act; or  (iv) such order of detention has not been set aside by a court of competent jurisdiction; (b) in relation to prosecution for any offence punishable under Chapter IX or Chapter XVII of the Indian Penal Code (45 of 1860), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Prevention of Corruption Act, 1988 (49 of 1988); (c) to any person notified under section 3 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (27 of 1992). (d) in relation to any undisclosed asset located outside India which has been acquired from income chargeable to tax under the Income-tax Act for any previous year relevant to an assessment year prior to the assessment year beginning on the 1st day of April, 2016—  (i) where a notice under section 142 or sub-section (2) of section 143 or section 148 or section 153A or section 153C of the Income-tax Act has been issued in respect of such assessment year and the proceeding is pending before the Assessing Officer; or  (ii) where a search has been conducted under section 132 or requisition has been made under section 132A or a survey has been carried out under section 133A of the Income-tax Act in a previous year and a notice under sub-section (2) of section 143 for the assessment year relevant to such previous year or a notice under section 153A or under section 153C of the said Act for an assessment year relevant to any previous year prior to such previous year has not been issued and the time for issuance of such notice has not expired; or  (iii) where any information has been received by the competent authority under an agreement entered into by the Central Government under section 90 or section 90A of the Income-tax Act in respect of such undisclosed asset. Explanation.—For the purpose of this sub-clause asset shall include a bank account whether having any balance or not.

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Preference Shares vs Equity Shares

preference shares vs equity shares

A share is a unit of ownership in a company and has an exchangeable value that is influenced by market forces. As per Section 43 of the Companies Act, 2013, a company’s share capital is of two types of shares, namely – equity shares and preferential shares. When it comes to raising capital for a company, one common approach is to issue shares. Equity shares and preference shares are two types of shares that companies can offer to investors. While both represent ownership in a company, they have distinct characteristics and rights associated with them.  Type Equity Shares Preference Shares Voting Rights Typically have voting rights Limited or no voting rights Dividend Preference Receives dividends after preference shareholders Receives dividends before equity shareholders Repayment Preference Repaid last in case of liquidation Repaid before equity shareholders in case of liquidation Conversion Cannot be converted into preference shares Can be converted into equity shares Fixed Dividend No fixed dividend Fixed dividend rate Redemption Not redeemable Can be redeemable after a certain period Risk Higher risk, as returns depend on company performance Lower risk, as fixed dividends are assured Control Equity shareholders have control and management rights Preference shareholders have limited control Residual Claims Entitled to residual claims after preference shareholders No residual claims Participation in Surplus Participate in surplus profits after preference shareholders No participation in surplus profits What are Equity Shares? Companies issue these shares to the public to raise capital. The funds thus raised are used for the expansion of a start-up. Since equity shares are non-redeemable, they serve as a long-term source of finance for companies. The share capital is held by the company throughout and is distributed at the event of winding up. The fact equity shareholders avail the residual share during liquidation makes them the actual risk bearers of a company. In fact, it is also a point of origin of the difference between equity share and preference share. Equity shares come with voting rights, and its holders are also entitled to receive surplus and claim company assets. The company’s management determines the rate of dividend be distributed among such shareholders. Moreover, these shares are transferable and can be transferred without consideration. Notably, the unit of shares held by investors signifies the proportion of ownership they have in a said company. Generally, they are traded in the market through a stock exchange. The value of these shares is expressed in issue price, face value, market price, book value, intrinsic value, etc. Types of Equity Shares Equity shares appear on the liability side of a company’s balance sheet. They do not have any types as such and are hence considered as ordinary stocks. Nonetheless, they are usually categorised as – Authorised share capital Subscribed share capital Issued share capital Paid-up capital Bonus shares Right shares Sweat equity shares Equity shares offer substantial dividends to shareholders and also entitle them to benefit from price appreciation in investment value. Also, their liquidity enables shareholders to sell them off effortlessly and gives rise to another point of difference between equity share and preference share. On the other hand, besides being a permanent source of capital, equity shares also help companies to secure credit easily. Both investors and creditors consider companies with large equity capital as creditworthy. Furthermore, the liability arising out of equity shares are required to be paid, and companies are also not obligated to pay a dividend to shareholders. What are Preference Shares? The capital that a company raises through the issuance of preference shares is termed as preference share capital. These shares come with a fixed rate of dividend and a preferential right to avail profits and claim assets during liquidation. In fact, these shares are ranked between debt and equity in terms of priority and repayment of capital. Like equity shares, preference shareholders are also partial owners of a company. However, they are not entitled to voting rights and hence do not really possess the power to control or influence company-oriented decisions. Also, shareholders do not have a claim over the bonus shares and are a prominent preference shares and equity shares difference. What is most noteworthy is that preference shares are similar to debentures, and they could be converted to preferred stock. Furthermore, preference share issuers can repurchase the shares at a given date. These shares extend substantial dividends to their holders but do not come with a closing date. The decision to declare dividend on preference shares lies with the management, and it is not mandatory in case of loss. This is the most crucial difference between equity share and preference share. Types of Preference Shares The following are the major types of preference share – Cumulative preference shares Non-cumulative preference shares Redeemable preference shares Non-redeemable preference shares Convertible preference shares Participating preference shares Non-participating shares It must be noted that dividends paid on preference shares are not deducted from taxes. Also, redeeming such shares creates a financial burden on the company and erodes its capital. Similarly, when profits are earned companies must pay off the arrears dividends, especially in case of cumulative preference shares. Difference between Equity and Preference Shares S.N.  Parameter Equity Share Preference Share 1. Definition Equity shares represent the extent of ownership in a company. Preference shares come with preferential rights when it comes to receiving dividend or repaying capital. 2. Dividend payout Shareholders receive dividends after all liabilities have been paid off. Preference shareholders are given more priority over equity shareholders when it comes to the dividend payment. 3. Rate of dividend The rate fluctuates as per earnings. Rate of dividend remains fixed. 4. Bonus shares These shares are entitled to receive bonus against existing shareholdings. These shares do not offer bonus against existing shareholdings. 5. Capital repayment It is repaid at the end. It is repaid before equity shares. 6. Voting rights The shares come with voting rights. Preferential shares do not have voting rights. 7. Role in management Equity share comes with the power to participate in the company’s management. Preference share does not extend management rights.

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subordinate revenue court

subordinate revenue court

India is one of the biggest democracies in the world. In order to ensure law and order throughout this vast country, every state has its own judiciary system in place. Under the judicial structure of each state of India, the High Court is regarded as the highest authority. Below the High Court, other courts make up the subordinate judiciary system. These courts are known as subordinate courts. Types of Subordinate Courts The subordinate courts have been named such because they come under the authority of the state’s High Court. In every district in India, there are many types of subordinate courts. These include:  Civil Courts that hear civil cases Criminal Courts that hear criminal cases Revenue Courts that attend to revenue-related cases Civil Courts are ruled by a District Judge or a District and Sessions Judge. Under them come a Sub-Judge who attends to matters at the family courts. In some places, below this, there is the Munsif, and there can also be small-causes courts that make up the lowest rung of the hierarchy of civil subordinate courts. Criminal Courts are ruled by a Sessions Judge or a Sessions and District Judge. Under a Sessions Judge, there can be a Metropolitan Magistrate. When it comes to Revenue Courts, the highest power remains with a Board of Revenues, followed by a Collector or Commissioner, then a Tehsildar, and at the lowest level, there can be a Naib Tehsildar. So the High Court, along with this hierarchy of subordinate courts, also known as lower courts, make up a state’s judicial system. The subordinate courts comprise the District Judges, Judges of any of the city civil and criminal courts, Metropolitan magistrates and all the members of the judicial service of that state. Revenue courts in India Revenue courts deal with cases of land revenue in the state. The Board of Revenue is the district’s highest revenue court, followed by the Commissioners’, Collectors’, Tehsildars’, and Assistant Tehsildars’ Courts. The Board of Revenue is in charge of hearing final appeals from the lower revenue courts. The primary goal of these courts is to address all issues relating to land revenue, as well as issues affecting agricultural land boundaries and tenancy. Suits referred to here include succession, land transfer, the partition of holdings, demarcation of boundaries, removal of encroachments, eviction of trespassers, and declaratory suits (specifically in Uttar Pradesh) in several states. In any case, such lawsuits do not fall under the jurisdiction of civil courts.  The different types of revenue courts are provided hereunder; Board of Revenue Commissioner’s Court Collectors’ Court Tehsildar’s Court A uniform designation has been brought about in the subordinate judiciary’s Judicial Officers all over the country, by means of:  District or Additional District Judge, Civil Judge (Senior Divisions) and Civil Judge (Junior Division) on the Civil side, and  On the criminal side, Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate and judicial magistrates made in existing posts by indicating their equivalent with any of these categories by all state Government/Union Territories Administrations. The administrative control over members of the subordinate judicial service is vested in the concerned high court under Article 235 of the Indian Constitution. In addition, in the execution of the powers entrusted to the appropriate designated individual, the state government shall create rules and regulations in consultation with the high court exercising jurisdiction in connection to Article 309 read with Articles 233 and 234 of the Constitution. Constitution of revenue courts Board Members (Both admin and judicial): This board usually consists of a Chairman and any other members are chosen by the state government. The principal duty of this board is to act as the ultimate decision-maker in instances involving disposition, appeals, or modification. Also, in all other issues provided in separate state codes, subject to the supervision, direction, and control of the state Government. Commissioners or Additional Commissioners: Each division will have a commissioner nominated by the State Government. One or more extra commissioners may be appointed by the State Government in one or more divisions. Collectors or Additional Collectors: The person in charge of revenue administration is known as a collector. As a result, a state government must appoint a commissioner in each district, as well as one or more additional commissioners in one or more districts. Assistant Collectors: The state Government has the ability to appoint as many people as it sees fit for the positions of first and second-class assistant collectors. In addition, if necessary, the state government may designate an assistant-collector first class to serve as extra sub-divisional officials for one or more tehsils in a district. Chief Revenue Officers: A revenue inspector’s job is to ensure that village records are properly maintained, supervised, and corrected, among other things. Each district’s collector has the authority to designate one or more tehsils. Settlement Officers and Assistant Settlement Officers: They have generally involved settling disputes between parties to a suit.  Record Officers and Assistant Record Officers: These officers are responsible for maintaining all official records that are required in day to day activities of the revenue board or courts in general.  Tahsildars and Tahsildar (Judicial): A tax officer accompanied by revenue inspectors is known as a tehsildar. They are responsible for collecting taxes on land revenue from a tehsil. A tehsildar is often referred to as the tehsil’s Executive Magistrate. Naib Tahsildar: The state Government has the authority to appoint as many Naib Tehsildars as it sees fit in each district. Powers of revenue courts in India Power to ask for records: The board or commissioner has the authority to request any records relating to any kind of suit or proceeding that is being judged by any subordinate revenue court in which no appeal has been filed, or even if an appeal has been filed, it is to be deemed that the same has not been filed yet. The purpose behind the same is to ensure the satisfaction of board members, legality or propriety, of any such order passed in a particular suit or proceeding referred to by the Board member. Power to review: A revenue board has the power to review any of

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Recent upgradation of MCA website

Recent upgradation of MCA website

The Ministry of Corporate Affairs (MCA) endeavors of implementing the launch of a new set of forms on the MCA V3 portal, MCA is set to launch a third set of Company Forms covering nine e-forms on 15 July 2024 at 12:00 AM. In order to facilitate the implementation of these forms on the V3 portal, MCA has decided to disable the V3 portal from 13 July 2024 12:00 AM to 14 July 2024 11:59 PM. The Ministry of Corporate Affairs (i.e., MCA) is progressively implementing the third version of the flagship project MCA21 (NCA 21 Version-3). As a part of the first phase, MCA will carry out the following- Upgradation of the current version of the MCA website; and Introduction of the following two new public-facing modules- E-Consultation; and E-Book. Features up-gradation of MCA website Restoration of the following web pages- Home, Data & Reports, About Us, Contact Us, News and Updates, and Mediation and conciliation. Introduction of the following new services/ modules- E-Consultation, and E-Book. Essential services access in the new MCA website E-Books, Name Reservation (Company), Name Reservation (LLP), DIR-3 KYC, View Public Documents, View Company/ LLP Master Data, Track Transaction Status, Associate DSC, Update DSC, Independent Director/ Databank Registration, Enquire Fee, and E-Auction. E-Books and use thereof- Basically, the E-Books module is launched by the Ministry of Corporate Affairs to- Simplify the compliance procedure; and Provide complete information and data about the applicable act; rules and regulations. Both registered as well as non-registered users can access the E-Books by following the below steps- STEP 1 – Visit site https://www.mca.gov.in/content/mca/global/en/home.html, STEP 2 – Click ‘Acts & Rules’ available on the home page. STEP 3 – By following the above steps, a List of Acts and a List of Recent Amendments will be displayed. E-consultation and use thereon- E-consultation is featured as one of the web page available on the home page of the MCA website. Mostly, e-consultation is an online platform, wherein, following would be undertaken- Proposed amendments/ draft legislation will be posted for public consultation, Users are allowed to submit their comments/ suggestions on such proposed amendments/ draft legislations. Following are the two ways through which the E-Consultation module can be accessed- Registered user – such a person can access the module by login into the MCA website. Guest user – the non-registered person can even access the module available on the home page of the website. Important points regarding the posting of comments/ suggestions- Documents available for comments will be accessible with the posting date and comments due date on the E-Consultation home page. For successful posting of comments by the guest user, it is necessary to- Fill in the user profile information like- Name, Name of the organization, E-mail ID, Address, Industry of operation. Verify the e-mail ID and mobile number via OTP. While commenting, the user can attach the supporting documents up to a maximum size of 25MB. The users are allowed to modify the comments/ suggestions in the following manner- Type of user Manner to modify the comments Registered user Login to the MCA website. Visit the E-Consultation page.  Modify the comments and submit the same. Guest user Enter the new comment. Provide the same PAN/ Aadhar/ CIN/ FCRN/ LLPIN/ FLLPIN which was provided while entering an earlier comment. On entering the same number, a confirmation will appear asking to overwrite the previous comment. On confirming overwriting, the previous comment will be over-written with the new comment. Access to the primary services in the new MCA website Register your company, Register your LLP (Limited Liability Partnership), Company forms download, LLP forms download, Close your company, Close your LLP. FAQs What is the MCA website? The MCA (Ministry of Corporate Affairs) website is an online portal where companies and professionals can access a wide range of services related to company registration, compliance filings, and other corporate affairs. It is the official platform for accessing the MCA’s e-governance initiatives. What recent upgrades have been made to the MCA website? The recent upgrades to the MCA website include improvements in user interface design, enhanced security features, faster load times, and the introduction of new services like improved e-filing systems, better integration with other government databases, and a more intuitive navigation structure.

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rectification of tds mismatch in form 26as

rectification of tds mismatch in form 26as

Form 16/ 16A, which your employer furnishes before filing your taxes for the relevant financial year. It is to be noted that Form 26AS and Form 16/16A should have the same amount deducted as Tax Deducted at Source (TDS). However, there might be inconsistencies in the TDS amount deducted for various reasons, including clerical mistakes. What is a TDS Statement? According to the Income Tax Act 1961, Tax Deducted at Source abbreviated as TDS refers to a specific amount of money written off at source by the deductor when the deductee’s source of payment is generated. The amount is then remitted into the account of the Central Government through banks that later upload information regarding TDS into the TIN central system. tax deductible payments must file quarterly TDS returns as applicable. This statement contains information about people who have received payment after-tax deductions, or in other words, deductees. It also contains the nature of the payment made to him and the tax deducted from his payment. These are called TDS statements. Based on such statements filed, the deductors generate Form 16 (TDS on salary) and Form 16A (TDS on other income) annually and quarterly respectively. What is Form 26AS? Generally, every entity (individual or company) that has deducted taxes must credit that amount to the government via banks. Banks must upload these TDS details into the Tax Information Network (TIN) central system. The deductors, parallely, would file quarterly statements to TIN, providing quarterly TDS details. Based on these details, the TIN central system matches information related to tax payments before converting it into a comprehensive ledger for the concerned PAN. This is Form 26AS. Basically, the Form 26AS statement provides a consolidated view of the total income earned by you as a deductee from various sources. It also includes the TDS/ TCS amount that has been deducted from your income and credited to the Income Tax Department. Apart from tax deductions, you may also pay taxes by way of Advance Tax and Self Assessment Tax. All such tax-related information appears in Form 26AS. What is Form 16, according to the Income Tax Act? Every detail related to TDS deduction of amount from an individual’s income is recorded in Form 16 Part A and 16A. It stands mandatory for the entity that has deducted any tax at source to issue certified and pre-filled Form 16 annually in either print or in soft copy form. Whereas, Form 16A which provides details of every tax deduction on incomes that do not include an individual’s sustained salary is issued every three months. Importance of Rectifying Mismatches The Income Tax department provides a pre-fill service where all data is automatically captured using PAN matching. When Form 26AS is not up to date, taxpayers cannot use the pre-fill facility. Additionally, if there is a mismatch, the IT return will be rejected, and taxpayers will have to respond to the IT notification online and explain the reasons. It may also cause delays in processing returns, thus, delaying tax refunds. The tax return is a vital document. Thus, rectifying mismatches early will help taxpayers file ITR without any hassles. Reasons for Mismatches between TDS Statement and Form 26AS Failure of the deductor to deposit TDS on time Incorrect amount entered in the TDS return Incorrect PAN quoted in the TDS return Mistake in the CIN (Challan identification number) The deductor’s PAN/TAN wrongly entered Mistake in the chosen Assessment year Omissions in the TDS return Incomplete details of the assessee in the TDS return Mismatch in the TDS quoted and the actual TDS deducted Rectifying TDS Mismatches More often than not, such mismatches can be attributed to wrong information provided in the TDS return. So, please approach your employer/deductor to file a revised TDS return after making the necessary corrections. The Income Tax department allows the assessee to mention the reason for the mismatch in the online portal in answer to a Notice sent by the department. Consequences of TDS Mismatch Computerized ITR processing income tax returns has made it easier to identify matches in Form 26AS and TDS statements. The income tax portal contains links that would provide access to 26AS, allowing the assessee to verify and cross-check the details. Hence, please ensure that TDS details in TDS statements and Form 26AS match to avoid the following consequences: With the prefill facility made available in the website and utilities, all the data available in the 26AS is automatically filled in the ITR. In the event of mismatches, the value prefilled will mismatch with our actual computations. Omission of entries by the deductor will result in you not getting credit for taxes actually  deducted and this could result in a tax payable situation. There will be delay in processing your Income tax return. Receipt of refund of excess tax deducted will be delayed. FAQs What is the time limit for TDS rectification? The taxpayer’s application for rectification should be disposed off within 6 months of the end of the month in which the application is received. Where rectification is done on its own, then such rectification can take place up to four years from the end of the FY in which the rectification order is passed. What to do if Form 26AS is not updated? Usually, it is the deductor’s responsibility to keep your form 26AS updated with all the deductions. In case your form 26AS is not updated, you should bring it to the notice of the deductor and get it updated as soon as possible. Only the deductor can update your Form 26AS details.

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Petrol Pump License

Petrol Pump License Eligibility

Setting up a petrol pump in India involves a structured process, and obtaining a license is a crucial step in this venture. With the increasing demand for fuel across the country, the petrol pump business presents a lucrative opportunity. However, navigating the licensing procedures is vital for a smooth establishment. To initiate this process, individuals or entities must adhere to the guidelines laid out by the government. The licensing authority, typically the State Level Coordinator of Oil Industry & Petroleum Planning, governs the issuance of petrol pump licenses. The application process encompasses various stages, including eligibility checks, site feasibility assessments, and compliance with safety standards. Eligibility requirements to obtain a Petrol Pump License The applicant must be a citizen of India. The applicant must be a resident of India or in the previous financial year, he must have spent more than 182 days in India. The age of the applicant must be between the ages of 21 to 58. A document proving your identification is needed. The age of the applicant should be verified by presenting a copy of his or her matriculation Certificate (10th), Secondary School-Leaving Certificate, Passport, Birth Certificate, etc. What Are the Criteria for Opening a Petrol Pump? The person must be an Indian citizen. The applicant should be a resident of India, meaning they must have stayed in India for more than 182 days in the preceding financial year. The age of the applicant must be between 21 and 58 years. Individuals classified as freedom fighters are not eligible. A valid identification document is mandatory. How Much Money Required for a Petrol Pump License? To obtain a petrol pump license in India, candidates must demonstrate the financial capacity to invest a minimum of Rs. 25 lakhs for a standard petrol pump and Rs. 12 lakhs for a rural petrol pump. Institutional investors can use various methods such as bonds, shares of listed companies in demat form, national savings certificates, deposits with banks, registered companies, postal schemes, shares of mutual funds, and more to meet the investment requirement.  It’s important to note that assets with unproven provenance, such as IOUs and jewellery, will not be considered. Additionally, only 60% of the total value of shares, collective investment schemes, and notes will be considered in the assessment. Additionally, a Chartered Accountant must provide the necessary investment assessment certification for the petrol pump license application. How Much Land Required for Petrol Pump Dealership? Proximity to the Highway: The land should ideally be located alongside a highway, ensuring easy accessibility for customers. Ownership or Rental Contract: Candidates must either own the land or have a valid rental contract for a suitable property near the proposed site. Formal Offer for Acquisition: Preferential consideration is given to candidates who have a formal offer for acquiring or entering a long-term rental agreement for a suitable piece of land. Documentation: Applicants must provide various documents demonstrating ownership of the property or their intent to acquire the specified piece of land. The size of the land should meet the specified requirements. Property Improvement: If selected for the petrol pump franchise, applicants must enhance the property to street level by appropriate earthwork procedures. This includes creating a concrete structure and a composite wall with a minimum height of 1.5 meters, considering soil conditions. How to apply for Petrol Pump License? An applicant can apply online and the procedure for getting the petrol pump license is given below: Visit the site of www.petrolpumpdealerchayan.in. Press Register Now which is given on the home page. Fill out the form and create an account for further processing.  Login with your Id and Password and then click on Available Advertisement which is located on the dashboard.  Now select the name of your preferred company and your resident state.  After that, you will see the place in which the company wants to open the petrol pump in your selected state.  Choose your nearby area then click on Apply Now  Now fill out the form within the given time limit which is 40 minutes. Select Individual or Partnership from the drop-down box and pay the fee of Rupees Ten Thousand.  Now fill in your personal and necessary information, upload your photo and signature then click on    Submit button.  Now you will pay the fee to complete the process. FAQs What is the petrol pump license fee in India? The license fee for a petrol pump dealership in India ranges from Rs. 18/KL to Rs. 48/KL for motor spirit, depending on the category of the retail outlet. Can I sell petrol without a license? No, it is illegal to sell petrol without a license in India. A petrol pump business requires various licenses and permits to operate legally and in compliance with regulations

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Form 15G, Form 15H to Save TDS on Interest Income

Form 15G, Form 15H to Save TDS on Interest Income

Individuals with their total income below the taxable limit can submit Form 15H and Form 15G to the bank and ask them to not deduct TDS on the amount of interest. These forms help claim receipts without any tax deduction. Form 15G and Form 15H are self-declaration forms provided by the Income Tax Department in India. These forms are used to declare that an individual’s income is below the taxable limit, thereby seeking exemption from tax deduction at source (TDS) on certain types of income. It’s important to note that both Form 15G and Form 15H are valid for one financial year and need to be filed every year if the individual continues to meet the eligibility criteria. Submitting these forms does not absolve the individual from paying taxes if their total income exceeds the exemption limit. They are required to file their income tax returns (ITR) and pay taxes accordingly. What is Form 15G And Form 15H? Form 15G and 15H are self-declaration forms to be filed and submitted by individuals to ensure that the banks or financial institutions do not deduct TDS on the interest income earned/accrued in a financial year as their estimated total income will be below the basic exemption limit (i.e., ₹2,50,000 or ₹3,00,000 or ₹5,00,000, as applicable) and there is no tax liability in that particular year. In the case of non-senior citizens, interest income should also be below the basic exemption limit to fill the Form 15G despite no tax liability on the total estimated income. As per the provision of the Income Tax Act, financial institutions and other organizations must deduct TDS while crediting interest income to the account of the person, and the amount exceeds INR 40,000 and INR 50,000 in the case of senior citizens. Normally, people have a myth that interest on fixed deposits is calculated at maturity. Instead, it is calculated, and TDS on interest on the same is deducted periodically, which reflects in your Form 26AS. Type of Form FORM 15G FORM 15H Type of Taxpayer Resident Individual with age less than 60 years or HUF or trust or any other assessee but not a company or a firm  Resident individual aged 60 years or more i.e. Senior citizen. Condition 1. Tax calculated on your total income is Nil 1. Tax calculated on your Total Income is Nil   2. The total interest income subject for the year is less than the basic exemption limit of that year, which is Rs.2.5 lakhs(old regime) or Rs.3 lakhs(new regime)  for financial year 2023-24 (AY 2024-25)   Only for Residents Please note that benefits of Form 15G and 15H cannot be claimed by Non-residents. Who Can File Form 15G and Form 15H & When? Form 15G and Form 15H are valid for one financial year. Ensure you submit these forms every year at the beginning of the financial year. This way, you can avoid the TDS deduction by the bank or any institution that is liable to deduct TDS from your interest income. Forms can be submitted by – Form 15G Any Resident Individual (below 60 years of age)or HUF or trust or any person (other than company or firm) Having interest income from FD below the basic exemption limits of Rs 2.5 lakhs and No final tax liability Anyone having a valid PAN can submit the Form 15G. Form 15H Any resident Individual aged 60 years or above, namely, Resident Senior Citizens Having any Interest Income. The final tax liability should be NIL And Must have a valid PAN What is the Need for Form 15G and Form 15H? Banks or public financial institutions, while crediting the periodic interest in your account, deduct TDS on term deposit interest income.One can avoid deduction of TDS on such interest income if his/her total income is below basic exemption limit and there is no final tax liability in that particular financial year. Filing Form 15G or 15H helps an individual declare that his/her income during the FY is less than the basic exemption limit and ensures that there is no deduction of TDS from his/her income. What are the Differences Between Form 15G and Form 15H? The applicability and effectiveness of both of these forms, how to fill forms 15G and 15H, their uses, etc. Both forms are similar yet distinguished in the following ways   Form 15G Form 15H Applicable on Form 15G can be submitted by any person (other than a company or firm) Form 15H can be submitted only by resident Individuals Age Limit Applies to residents below 60 years of age This applies to resident senior citizens ( aged 60 years and above ) Interest Income shall fall below the basic exemption limit Interest income shall be below the basic exemption limit and not chargeable to tax Interest income may or may not be below the basic exemption limit and not chargeable to tax Provision under the Income Tax Act As per Section 197A (1) and (1A) As per Section 197A (1C) For Which Transactions Can Form 15G or Form 15H be Submitted? Form 15G:Form 15 G is filled by resident individuals whose age is below 60 years during the financial year as mentioned in Form 15G is submitted when an individual expects to earn interest income exceeding ₹40,000 and, for senior citizens, ₹50,000 during that financial year and wants to request exemption from TDS on that income. Form 15HForm 15H is submitted solely for senior citizens, i.e., individuals who are at least 60 years of age. Eligible individuals wanting to claim exemption from TDS deductions on FDR interest income. Individual Senior citizens need to submit it every financial year to avoid a TDS deduction. Forgot to Submit Form 15G or Form 15H? File your income tax return to claim refund of TDS: The only way to seek refund of excess TDS deducted is by filing yourincome tax return. Banks or other deductors cannot refund TDS to you, since they have already deposited it to the income tax department.

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GSTR-3B Return

gstr-3b return

GSTR-3B is the summary return that taxpayers must file regularly to show details of sales, ITC claims, tax liability, refunds, etc recorded on their GSTIN. The implementation of the GST regime has successfully eliminated the cascading taxation effect and has simplified the overall process. Since its introduction, several GST returns forms have been introduced catering to specific purposes. GSTR-3B is one of such vital return form. What is GSTR 3B? GSTR-3B is fundamentally a monthly self-declaration filed by a registered dealer in addition to GSTR 1 and GSTR 2 forms. It is a collected summary of inward and outward supplies that was introduced by the Government of India to provide relaxation to businesses that transitioned to the GST regime. In other words, it is a simplified method that helps to declare the summary of GST liabilities for a given tax period. It must be noted that one cannot amend GSTR-3B and dealers must file separate GSTR-3B for each of their GSTIN. They must make it a point to pay the GSTR-3B’s tax liability by the last date of filing GSTR-3B for the same month. All GST registrants must file GST return 3B including ‘NIL’ returns. Nonetheless, a few registrants do not need to file this self-declaration. They are – Suppliers of OIDAR Non-resident taxable individuals Input service distributors and composition dealers Small taxpayers Non-resident taxable individuals Who should file GSTR 3B? Every person who is registered under GST must file GSTR-3B. However, the following registrants do not have to file GSTR-3B Taxpayers registered under the Composition Scheme Input service distributors Non-resident suppliers of OIDAR service Non-resident taxable persons Late Fee & Penalty for GSTR-3B A late fee is charged for filing GSTR-3B of a tax period after the due date. It is levied as follows: Rs. 50 per day of delay Rs. 20 per day of delay for taxpayers having nil tax liability for the month In case the GST dues are not paid within the due date, interest at 18% per annum is payable on the amount of outstanding tax to be paid. Due Dates for GSTR-3B Filing GSTR-3B return is due on the 20th of each month. How to File Form GSTR-3B? Step 1 – Login to GST’s official portal. Step 2 – Navigate to the ‘Services’ tab. Step 3 – Click on ‘Returns’. Step 4 – Click on ‘Returns Dashboard’. Step 5 – On being directed to the ‘File Returns’ page, select the ‘Financial year’ from the drop-down menu. Step 6 – Select the applicable ‘Return Filing Period’ and click the ‘Search’ button. Step 8 – Navigate to option marked GSTR 3B monthly returns. Step 9 – Click on the button – ‘Prepare Online’ and enter the required details. Step 10 – Click on the ‘NEXT’ button. To file ‘NIL’ returns, individuals need to select ‘Yes’ in the very first question and continue with remaining ones. Step 11 – Enter applicable values in displayed tiles. Fill in the interest and late fees if applicable. To make required modifications in each tile, individuals can click on either the ‘ADD’ or ‘Delete’ option. Step 12 – Click the ‘Confirm’ button once. Step 13 – Click on the ‘SAVE GSTR 3-B’ button. Step 14 – Click on the ‘SUBMIT’ button after verifying and confirming all the entered details. One can look up the status of this GSTR on the top right corner of the page. Step 15 – To view the draft GSTR-3B return click on ‘Preview Draft GSTR-3B’. Once the return is submitted successfully, the ‘Payment of Tax’ tile will be enabled. Taxpayers can click on the ‘Check Balance’ button to view the cash and credit balance. Step 16 – From the drop-down, choose option ‘Authorised Signatory’. Step 17 – Click on ‘FILE GSTR-3B WITH DSC/ FILE GSTR-3B WITH EVC’ option. Step 18 – Click on the ‘Proceed’ button. What are the Details Featured in GSTR 3B? This form comprises 6 tables and requires taxpayers to provide specific information. This table focuses on the details featured in GSTR 3B – S.N.  Tables  Details contained  a) Table – 1  Inward supplies and outward supplies liable to reverse charge.  b) Table – 2  Interstate supplies directed towards unregistered individuals, UIN holders and composition dealers. c) Table – 3  Input Tax Credit d) Table – 4  Nil-rated, exempt and GST-free inward supply details.  e) Table – 5  Payment of tax f) Table – 6  TCS/TDS credit  What is the Relationship between GSTR 2A and GSTR 3B? GSTR-3B and GSTR-2A must be reconciled. The reasons for it are given below in pointers – Through such reconciliation, room for claiming ITC based on fake invoices is eliminated. It gets rid of errors like recording an invoice more than once or missing its details entirely. One can quickly identify and rectify details provided in either GSTR-1 or GSTR-3B. In case outward supplies were not recorded in GSTR-1, it can be communicated to the concerned supplier to avoid discrepancy. Input Tax Credit reconciliation as per GSTR-3B and GSTR-2A is required to file an annual return in GSTR-9. Nonetheless, there are cases of non-reconciliation of GSTR-3B and GSTR-2A. The same can be due to any of these following reasons – Input Tax Credit claim was for Integrated Goods and Services Tax on imported goods or services. Input Tax Credit claim was in the fiscal year in which goods or services were received. Transitional credit claim was under TRAN-I and II. ITC was availed on the paid GST amount on RCM basis. The primary reason behind non-reconciliation is because a corresponding GSTR-1 was not filed or Input Tax Credit remains unclaimed in the meantime. Notably, if any discrepancy related to the claim of ITC is noticed in GSTR 2A and GSTR 3B taxpayers have to pay the wrongly claimed amount along with interest. The best way to avoid discrepancy in these details of both GSTR-3B and GSTR-2A is to provide accurate information and eliminate all possible errors before submitting them. FAQs Should I provide invoice-wise details on the return? Only consolidated numbers are required in GSTR-3B. Invoice-wise breakup is not required. What

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What is SGST, CGST, IGST and UTGST?

What is SGST, CGST, IGST and UTGST

The GST (Goods and Services Tax) regime was introduced on July 1, 2017. It is one of the most significant and revolutionary indirect tax reforms in India post-independence. GST subsumed a number of indirect taxes levied by the Central and State Governments. Taxes such as Central Excise duty, Service Tax, VAT, Purchase Tax, Central Sales Tax, Entry Tax, Local Body Taxes, Luxury Tax, etc.are now non-existent. What is GST? Goods and Services Tax (GST) is a value-added tax levied on the supply of goods and services for domestic consumption. GST is, therefore, an all-encompassing, single indirect tax law for the entire country. This tax is included in the final price of a product. A customer who buys said product pays its price inclusive of the GST. The business or seller then forwards its GST portion to the government. The Central Government of India levies this tax. In the case of intrastate transactions, this tax is distributed between the central and state government under CGST and SGST. Framework under the Goods and Services Tax: Under the GST law taxes can be further classified into these four types: 1) Central goods and services tax (CGST) 2) State goods and services tax (SGST) 3) Union territory goods and services tax ( UTGST) 4) Integrated goods and services tax (IGST) What is Central Goods and Services Tax (CGST) Central Goods and Services Tax or CGST is the indirect tax levied by the Central Government. It is levied on the transaction of goods and services which are undertaken within the state i.e. intrastate. The tax collected under the head “CGST” is payable to the central government treasury. The CGST is charged to compensate the central government for previously existed indirect taxes such as Central Excise Duty, Service Tax, Duties of Custom, Surcharges, Cesses, etc. The CGST is charged along with SGST or UTGST and at the same rates. This is done as per the Dual GST model followed in India, where both central and state governments have their separate taxation legislatures. What is State Goods and Services Tax (SGST)? State Goods and Services Tax or SGST represents the tax imposed by the State Government. SGST is levied on intrastate sales of goods and services, i.e., sales made within a state. SGST is charged along with and at equal rates of CGST on a good or service. All the states of India charge this tax but has also been adopted by two union territories of Puducherry and Delhi, because both of these union territories have their legislative assembly and council. The tax revenue under SGST goes to the State Government treasury or the eligible Union Territory where the consumption of goods or services has taken place. What is the Union Territory Goods and Services Tax (UTGST)? Union Territory Goods and Services Tax or UTGST is similar to SGST. The only difference is that the tax revenue goes to the treasury for the respective administration of the union territory where the goods or services have finally been consumed. There is a key difference between union territory and states. The Union Territory directly comes under the supervision of the Central Government and does not have its own elected government as in the case of States. UGST is also charged at the same rates of CGST. But, amongst UTGST or SGST, only one at a time shall be levied together with CGST in each case. Currently, there are 8 union territories in India: Chandigarh Lakshadweep Dadra and Nagar Haveli & Daman and Diu Ladakh Andaman and Nicobar Islands Delhi Puducherry Jammu and Kashmir But out of these Delhi and Puducherry levy SGST and not UTGST because they have their own elected members and Chief Minister. Hence, they function as partial – states. As the SGST Act cannot be applied to a union territory that does not have its legislature.  What is Integrated Goods and Services Tax (IGST)? IGST is levied on all interstate supplies of goods and services by the Central Government, unlike, CGST, SGST, & UTGST, which are levied upon the supply of goods or services within a state. IGST has provided a standardization to taxation on the supply of goods and services made outside the state. This applies both to a supply made outside the state and outside the country. The rate of IGST would always be approximately equal to the CGST rate plus the SGST rate. For Example:- Now, let’s take a situation to understand all the taxes under GST in a nimble way; Suppose the sale of goods is worth Rs 10 lakhs. It attracts GST @ 18%. Consider the computation GST payable under relevant heads in the following scenarios The sale is done within the same state i.e. intrastate sales Sale is done within the union territory i.e. intrastate sales The sale is done to another state i..e interstate sales Situation Analysis Taxes Applicable Sales within the same state Intra-state Supply CGST @ 9% +SGST @ 9% Sales within the same union territory Intra-state Supply CGST @ 9% +UTGST @ 9% Supply to another state Inter-state Supply IGST @ 18 Question Let us assume that Goods worth Rs. 20,000 are sold by Shubham from Gujarat to dealer Rahul in Gujarat Dealer Rahul resells such goods to trader Mahesh in Uttar Pradesh for Rs. 22000 Trader Mahesh now sells such goods to consumer XYZ in Uttar Pradesh for Rs 29,000 Solution Since Shubham sells goods to Rahul in Gujarat, the supply takes place in the same state (Gujarat in this case). Hence, this is like Intra state supply. Further, for this Intra State transaction between Shubham and Rahul, CGST@9% and SGST@9% each shall be applicable. In the second instance, dealer Rahul resells such goods in different states i.e. Uttar Pradesh to Mahesh. This is the case of interstate supply. Hence, IGST @18% shall be calculated on this particular transaction between Rahul and Mahesh. And at the end, Mahesh sells such goods to end users in the same state of Uttar Pradesh to XYZ. Since supply

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Madhya Pradesh Property Valuation

madhya pradesh property valuation

Per square foot guidelines value for various kinds of lands and buildings is notified by the state government for all zones. Guideline value can be updated periodically by the state government, so state government takes average market values of last 6 months or 1 year and update the guideline value and they also take into account the kind of infrastructure and facilities in that area, so generally the guideline values lags behind the market value(knows as circle rate or reckoner rates).In Madhya Pradesh each city is divided into various Taluk or Tehsil which further divided into various subareas, wards and villages.Well developed or Posh localities will have a higher guideline values while least or lower developed localities has lower guideline values.Per square foot guidelines value for various kinds of lands and buildings is notified by the state government for all zones. Guideline value can be updated periodically by the state government, so state government takes average market values of last 6 months or 1 year and update the guideline value and they also take into account the kind of infrastructure and facilities in that area, so generally the guideline values lags behind the market value(knows as circle rate or reckoner rates).In Madhya Pradesh each city is divided into various Taluk or Tehsil which further divided into various subareas, wards and villages.Well developed or Posh localities will have a higher guideline values while least or lower developed localities has lower guideline values. Provision for agricultural Land In all areas except the areas / villages in which the value of property located on the road is determined separately, the value of the land situated on the national highway or their bypass is 100 percent more than the fixed price for agricultural land. The value of land situated on the state road or their bypass will be 50 percent more than the value of agricultural land, 20 percent more than the value of agricultural land on the main district road or other district route.In areas whose prices have not been set or missed in the guide line, the District Registrar will submit the proposal of the District Appraisal Committee to the Inspector General of Registration for approval. Guidelines for these areas can be issued separately during the year.If there is an intention to have more than one rate in respect of a property, then the maximum rate among them will be accepted. Provision for buildings Multi-storeyed buildings in which Madhya Pradesh Cell Ownership Act, 2000 and rules made thereunder are applicable.In relation to the provisions of section 4 (3), 4 (5) and 8 of the said Act, the market value of the apartment is calculated according to the built-up area of the apartment along with its common areas and facilities, Including the area of undivided share.If a document transfers an independent multi-storey bungalow of two or more floors to one kata, the value of the plot will not be calculated separately for each floor, but will be included only once. For the first, second and third and above floors, a reduction of 5, 10 and 15 percent in the construction cost will also be accepted. Importance of Property Valuation Certificate Property valuation certificate includes the property information like property size of the land and building, Property value, details on the construction. Property valuation Certificate is also used as collateral for the educational loan from the Bank. Property Valuation certificate is required for purposes of income and wealth tax For submitting annual returns in the Income Tax department. Documents Required Aadhaar Card Proof of Land Tax Copy of Encumbrance certificate. Proof of ownership of property. Voters ID Application Procedure for Property Valuation Step 1: Please visit the e-Panjiyan portal of Registration and stamp department. Step 2: Click on “Login” option which is on the homepage of the portal. Step 3: The user has to enter the valid email ID and password and click on the “Login” button. Step 4:  If the user is not registered, then the user can register using the New User option on the login screen and then the new user registration form will open on the next screen. Step 5: The user has to fill the form with required details and click on the “Register” button. Step 6: After registering the page will be redirected to the login page enter login details and select a property valuation tab. Step 7: Then choose the District of the property from the map to continue. Step 8: Then the applicant will enter the property details like District, Tehsil, Area Type, Ward/Patwari,  Colony, Property Type. Step 9: Enter the details of the property type (plot)selected. Step 10: If the applicant wants to define area separately for Residential Plot, Commercial Plot, Industrial Plot, Education Plot, Health Plot and Others. The applicant has to enter their respective areas in the fields for valuation of property. Step 11: If in case the applicant does not want to define areas for commercial and residential plot separately, you can select “If the plot is used for commercial cum residential purpose”. Step 12: In the case of Health and Education institutes, the applicant can select – “If layout passed by T&CP”. If the applicant selects this checkbox, the user has to present a document evidencing the same. Step 13: Select relevant sub-clauses and read instructions carefully before clicking the Next button. Step 14: Click on “click here to view property details” to view the same. Step 15: Property details are displayed after clicking on the link. FAQs Should we register our property at Guidance Value by state government or Circle rate? Market price or circle rate of a property in a particular area can be much higher than the circle rate fixed by the Revenue Department, then homebuyer can register property at a rate anywhere between guidance value and circle rate. How guidance value affect the property price? If the Guidance value of particular land is higher than the circle rate then a homebuyer cannot register the land below guidance value, so property can be registered at guidance value or circle rate whichever is lower, but registration on the circle rate leads to pay higher

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