Thursday, 9 May 2013


DELAY IN RE-PRESENTATION OF TECHNICAL RETURN CHEQUES AND LEVY OF CHARGES FOR SUCH RETURNS

Notification:RBI/2012-13/493
DPSS.CO.CHD.No. 2030/03.06.01/2012-2013
Dated: 7/05/2013


  1. As you are aware, banks are expected to indicate the timeline for realisation of local/outstation cheques in their Cheque Collection policy(CCP) and charges for cheque returns to be levied in an upfront manner with due prior notice to the customers as enumerated in RBI circulars no. DPSS.CO. (CHD) No. 873 / 03.09.01 / 2008-09 dated November 24, 2008 and DBOD.No.Dir.BC. 56 /13.03.00/2006-2007 dated February 2, 2007 respectively.

  2. However, recently, instances have been brought to our notice where banks are 

(i)      levying cheque return charges even in cases where customers have not been at fault in the return and;
(ii)  delaying the re-presentation of the cheques which had been returned by the paying banksunder technical reasons. Both of these issues result in unsatisfactory customer service.

  1. It is, therefore, considered necessary to streamline the procedure followed by all banks in this regard. Accordingly, banks are advised to adhere to the following instructions with immediate effect:


             i.           Cheque return charges shall be levied only in cases where the customer is at fault and is responsible for such returns. The illustrative, but not exhaustive, list of returns, where the customers are not at fault are indicated in the annex.
      ii.        Cheques that need to be re-presented without any recourse to the payee, shall be made in the immediate next presentation clearing not later than 24 hours(excluding holidays) with due notification to the customers of such re-presentation through SMS alert, email etc.
  1. 4 Banks are accordingly advised to reframe their CCPs to include the procedures indicated in paragraph 3(i) and 3(ii) above, and may note to give publicity to their revised CCPs for better customer service and dissemination of information.



Illustrative but not exhaustive list of objections where customers are not at fault
(Applicable for Instrument and Image-based Cheque Clearing as detailed in Annexure D to Uniform Regulations and Rules for Bankers' Clearing Houses)
Code No.
 Reason for Return
33
Instrument mutilated; requires bank's guarantee
35
Clearing House stamp / date required
36
Wrongly delivered / not drawn on us
37
Present in proper zone
38
Instrument contains extraneous matter
39
Image not clear; present again with paper
40
Present with document
41
Item listed twice
42
Paper not received
60
Crossed to two banks
61
Crossing stamp not cancelled
62
Clearing stamp not cancelled
63
Instrument specially crossed to another bank
67
Payee’s endorsement irregular / requires collecting bank's confirmation
68
Endorsement by mark / thumb impression requires attestation by Magistrate with seal
70
Advice not received
71
Amount / Name differs on advice
72
Drawee bank's fund with sponsor bank insufficient(applicable to sub-members)
73
Payee's separate discharge to bank required
74
Not payable till 1stproximo
75
Pay order requires counter signature
76
Required information not legible / correct
80
Bank's certificate ambiguous / incomplete / required
81
Draft lost by issuing office; confirmation required from issuing office
82
Bank / Branch blocked
83
Digital Certificate validation failure
84
Other reasons-connectivity failure
87
‘Payee's a/c Credited' - Stamp required
92
Bank excluded

DVAT- EXTENTION OF TIME FOR FURNISHING OF RECONCILIATION RETURN IN FORM DVAT - 51

Notification No:  No.F.3(33)/P-II/ VAT/ Misc./2006/168-178
Dated: 9-5-2013

In continuation of order No.F.3(33)/P-II/VAT/Misc./2006/54-64 dated 10/04/2013, department has extend the time limit prescribed in:-

(a) Rule 67 (1) of the Delhi Value Added Tax Rules, 2005 and Rule 4 of the Central Sales Tax(Delhi) Rules, 2005 for furnishing of reconciliation return in Form DVAT-51; and,

(b) Rule 5 (5), Rule 6(3)(a), Rule 7(5)(a), Rule 9(2), Rule 68, and Rule 6A (2) of the Central Sales tax (Delhi) Rules, 2005 and rule 12(10) of the Central Sales tax (Registration and Turnover) Rules 1957, for furnishing of the portion marked 'original' of the Declaration Forms 'C', 'E-I' or 'E-II', 'F', 'I', 'J', and 'H' respectively, as per the following time schedule for the year 2011-12:-
Tax period
Time limit Extended up to
Ist Quarter, IInd Quarter, IIIrd Quarter and IVth Quarter
27th May, 2013

Regards

CA. Mona Singhal
Partner

Arpit Gupta & Associates
Chartered Accountants

701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001

Mobile:- +91-9873082769 
Website: www.caaga.co.in

Tuesday, 7 May 2013


DVAT – AMENDMENTS IN SIX SCHEDULE

Notification No:  F. 5(54)/Policy-II/VAT/ 2012-13/149-161
Dated: 06.05.2013

AMENDMENTS

In the Sixth Schedule of the Delhi Value Added Tax Act, 2004 (Delhi Act 03 of 2005), in the entry at Sl. No. 1 in Part-A, a new sub-entry after serial No. (96B) shall be inserted, namely:-

“(96C) REPUBLIC OF TAJIKISTAN, New Delhi for exemption/refund of VAT in favour of official purchases of its Embassy and personal purchases of its diplomats”

Regards

CA. Mona Singhal
Partner

Arpit Gupta & Associates
Chartered Accountants

701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001

Mobile:- +91-9873082769 
Website: www.caaga.co.in


Monday, 6 May 2013

CHANGE IN BANK RATE

Notification:RBI/2012-13/488
DBOD.No.Ret.BC.91 /12.01.001/2012-13

Dated: 03/05/2013

1.   The Bank Rate rate at which RBI allows finance to commercial banks. Bank Rate is a tool, which central bank uses for short-term purposes. stands adjusted by 25 basis points from 8.50 per cent to 8.25 per cent with effect from May 3, 2013.

2.   All penal interest rates on shortfall in reserve requirements, which are specifically linked to the Bank Rate, also stand revised as indicated in Annex.

Annex
Penal Interest Rates which are linked to the Bank Rate
Item
Existing Rate
Revised Rate
(Effective from May 3, 2013)
Penal interest rates on shortfalls in reserve requirements (depending on duration of shortfalls)
Bank Rate plus 3.0 percentage points (11.50 per cent) or Bank Rate plus 5.0 percentage points (13.50 per cent).
Bank Rate plus 3.0 percentage points (11.25 per cent) or Bank Rate plus 5.0 percentage points (13.25 per cent).


Regards
CA. Mona Singhal
Partner

Arpit Gupta & Associates
Chartered Accountants

701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001

Mobile:- +91-9873082769
Website:- www.caaga.co.in

PRIORITY SECTOR LENDING-TARGETS AND CLASSIFICATION – REVISION OF LIMITS

Notification:RBI/2012-13/487
RPCD.CO.Plan. BC 72/04.09.01/2012-13

Dated: 03/05/2013

Please refer to paragraph 65 of the Monetary Policy Statement for the year 2013-14. The following limits under priority sector stand revised upward with effect from April 01, 2013.

1. Agriculture
(i) The limit of loans to farmers against pledge/hypothecation of agricultural produce (including warehouse receipts) for a period not exceeding 12 months stands increased from Rs. 25 lakh to Rs. 50 lakh both under direct and indirect agriculture.
[Effect on July 20, 2012 circular: Paragraph III 1.1 (iv) and Paragraph 1.2.1 (iv) would stand amended accordingly]

(ii) The limit of loans to dealers/sellers of fertilizers, pesticides, seeds, cattle feed, poultry feed, agricultural implements and other inputs has been raised to Rs. 5 crore per borrower from Rs.1 crore.
[Effect on July 20, 2012 circular: Paragraph III 1.2.2 (i) would stand amended accordingly]

2. Micro and Small Enterprises
The limit of bank loans to Micro and Small Service Enterprises (MSEs) engaged in providing or rendering of services has been increased from Rs. 2 crore to Rs. 5 crore per borrower/unit, provided they satisfy the investment criteria for equipment as defined under MSMED Act, 2006.
[Effect on October 17, 2012 circular on priority sector: Paragraph 2 would stand amended accordingly]


Regards
CA. Mona Singhal
Partner

Arpit Gupta & Associates
Chartered Accountants

701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001

Mobile:- +91-9873082769
Website:- www.caaga.co.in




Saturday, 4 May 2013


INCOME-TAX (3RD AMENDMENT) RULES, 2013

Notification: 34
Dated: 1/05/2013

The Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1.   (1) These rules may be called the Income-tax (3rd Amendment) Rules, 2013.

(2) They shall be deemed to have come into force with effect from the 1st day of April, 2013.

2.   Income-tax (3rd Amendment) Rules, 2013 redefines the conditions and eligibility to choose from a variety of Income-tax return forms which are as follows: 

·     An individual can’t be filed Return in ITR 1 if incurs losses under the head ‘Income from other sources’. 
·   A resident person (other than not ordinarily resident in India) can’t be filed  Return in ITR 1 if he claims any relief of tax under Section 90, 90A or 91 and Income exceeding Rs. 5,000 which is not chargeable to tax. In other words, if assessee claims exemption in respect of any income under Section 10, 10A, 10AA, etc. 
·    Return in ITR 4S cannot be filed by an Individual or a HUF deriving income as referred to in Sections 44AD or 44AE, if it has claims any relief of tax under Section 90, 90A or 91 and Income exceeding Rs. 5,000 which is not chargeable to tax. In other words, if assessee claims exemption in respect of any income under Section 10, 10A, 10AA, etc.
· Mandatory e-filing of audit reports u/s 44ABin respect of books of account, u/s 92E in respect of international transaction, or u/s 115JB in respect of MAT computation.
·  Mandatory e-filing of return if income exceeds Rs. 5,00,000 or if assessee claims tax relief.
a)   It is mandatory for every person (not being a co. or a person filing return in ITR 7) to e-file the return of income if its total income exceeds Rs.5,00,000
b)   Every person claiming tax relief under Section 90, 90A or 91 shall file return in electronic mode. 
3.    In the said rules, in Appendix-II, for “Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S), ITR-4 and ITR-V”, the “Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S), ITR-4 and ITR-V” shall be substituted.


Regards
CA. Mona Singhal
Partner

Arpit Gupta & Associates
Chartered Accountants

701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001

Mobile:- +91-9873082769
Website:- www.caaga.co.in




CHANGE IN REPO RATE, REVERSE REPO RATE AND IN MSF RATE

As announced by the RBI Governor Duvvuri Subbarao, it has been decided to reduce the Repo rate the rate at which the RBI lends to banks by 25 basis points from 7.50% per cent to 7.25 % with immediate effect.

Consequent to the change in the Repo rate, the Reverse Repo rate, the rate which the RBI pays banks for depositing excess funds and the Marginal Standing Facility (MSF) rate will stand automatically adjusted to 6.25 % and 8.25 % respectively with immediate effect.

The Cash Reserve Ratio, the proportion of deposits to be kept with RBI is left unchanged at 4%.

Regards
CA. Mona Singhal
Partner

Arpit Gupta & Associates
Chartered Accountants

701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001

Mobile:- +91-9873082769
Website:- www.caaga.co.in