Friday, 4 October 2013

Filling of DVAT Return for 2nd Qtr 2013-14- Date Extended

Notification no: F.7(420)/VAT/Policy/2011/857-863
Dated: 1st Oct 2013

Last date of online filing of second quarter return for the year 2013-14, in Form DVAT-16 and DVAT-17,  along with required annexures, and submission of hard copy of acknowledgement in Form DVAT-56, as per schedule given below:


S.No.
Type of dealers
Last date of filling of online return
Last date of filling of hard copy of Acknowledgement Form DVAT- 56
1
GTO< Rs. 1.00.crore in the year 2012-13
25.11.2013
28.11.2013
2
GTO>= Rs. 1.00 crore but< Rs. 10 crore in the year 2012-13
20.11.2013
22.11.2013
3
GTO >= Rs. 10 crore in the year 2012-13
11.11.2013
18.11.2013

Regards

CA. Mona Singhal
Partner

Arpit Gupta & Associates
Chartered Accountants

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

Mobile:- 8130711885, 9873082769 

Website: www.caaga.co.in

Thursday, 8 August 2013

                   CLARIFICATION ON FORM DP - 1

Circular no: 09/2013-14
Dated: 6th Aug 2013


The dealers who have submitted Form DP-1 without purchase commodities in the pre- revised Form DP-1 have the option to edit the Form DP-1 and submit the details of commodities purchased by them. Further, they can also edit the details of the commodities for sale, otherwise the commodities list submitted earlier would be treated as if these commodities are for sale. The last date for editing the said form is 26.08.2013.

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   
TAX DEPOSIT AND RETURN FILLING BY NEWLY REGISTERED DEALERS

Circular No: 12/2013-14
Dated: 07th Aug 2013

The Department has resolved the issue of validation problems and fresh TINs have been issued to the newly registered dealers. Hence, they are required to immediately deposit their due tax. Further, in compliance of rule 28(3) of DVAT Rules, 2005, such dealers are required to file their return for the first quarter of 2013-14, within seven days from the date of grant of such TINs.

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
RAJYA SABHA PASSES COMPANKES BILL, 2012
Parliament today passed the much-awaited Companies Bill which is aimed at protecting the interest of employees and small investors, with the government saying the "historic" measure will give impetus to growth and bring transparency.

The Companies Bill, which will replace the nearly 50-year-old Companies Act, was passed by Rajya Sabha by voice vote. Lok Sabha had given its assent in December last year.

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

Wednesday, 7 August 2013

TAX DEDUCTORS WHO DEFAULT IN DEPOSITING TDS BY DUE DATE SHALL BE LIABLE FOR PROSECUTION: CBDT

It has come to the notice of Income Tax Department that many times the tax deductors, after deducting TDS from specified payments, are deliberately not depositing the taxes so deducted in Government account and continue to deploy the funds so retained for business purposes or for personal use. Such retention of Government dues beyond the due date is an offence liable for prosecution under Section 276B of the Income Tax Act, 1961. The defaulter, if convicted, can be sentenced to Rigorous Imprisonment (RI) for a term which can extend upto seven years.

The TDS units of Income Tax Department have been taking up prosecution proceedings in suitable cases where TDS has been retained beyond the due date. The Central Board of Direct Taxes has partly modified existing guidelines for identification of cases for launching prosecution. As per the revised guidelines, the criterion of minimum retention period of 12 months has been dispensed with.

For the benefit of public at large, it is now clarified that defaulters, who have retained the TDS deducted and failed to deposit the same in Government account within due date, shall be liable for prosecution, irrespective of the period of retention.


However, the offence u/s 276B of the Income Tax Act can be compounded by Chief Commissioner having jurisdiction on the case, either before or after the launching of prosecution proceedings. In the recent past, several defaulters have submitted petitions for compounding of such offences and compounding orders have also been passed by the Competent Authority in suitable cases.

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, 6 August 2013

PROCEDURE AND CRITERIA FOR SELECTION OF SCRUTINY CASES UNDER COMPULSORY MANUAL DURING THE FINANCIAL-YEAR 2013-2014-REGD
Instruction No: 10/2013
Dated: 5th August, 2013
In supersession of earlier instructions on the above subject, the Board hereby lays down the following procedure and criteria for manual selection of returns/cases for scrutiny during the financial-year 2013-2017:
1.   The targets for completion of scrutiny assessments and strategy of framing quality assessments as contained in Central Action plan document for Financial Year 2013-2014 has to be complied with. It is being reiterated that all scrutiny assessments including the cases selected under manual criteria will be completed through AST system software only.
2.   The following categories of cases / returns shall be compulsorily scrutinized:-
a)   Cases where value of international transaction as defined u/s   92B of IT Act exceeds Rs.15 crores.
b)   Cases involving addition in an earlier assessment year on the issue of transfer pricing in excess of Rs. 10 Crores or more which is confirmed in appeal or is pending before an appellate authority.
c)   Cases involving addition in an earlier assessment year in excess of Rs. 10 lacs on a substantial and recurring question of law or fact which is confirmed in appeal or is pending before an appellate authority.
d)   all assessments pertaining to Survey under section 133A of the IT Act excluding the cases where there are no impounded books of accounts/documents and returned income excluding any disclosure made during the Survey is not less than returned income of preceding assessment year. However, where assessee retracts the disclosure made during the Survey will not be covered by this exclusion.
e)   Assessment in search and seizure cases to be made under sections 158B, 158BC,158BD, 153A & 153C read with 143(3) of the IT Act.
f)    All returns filed in response to notice u/s 147/148 of the IT Act.
g)   Cases claiming exemption of income u/s 11 or u/s 10(23C) which are hit by proviso(s) to Section 2(15) of IT Act.
h)   Entities which received Donations from countries abroad in excess of Rs. One crore during the Financial Year 2011-2012 (relevant for the A.Yr. 2012-2013) under the provisions of Foreign Contribution Regulation Act (FCRA). Such Information is maintained by Ministry of Home Affairs and is available on its Website (http://mha.nic.in/fcra.htm). Respective Cadre-Controlling chief Commissioners / Directors - General of Income-tax may identify the cases pertaining to their respective jurisdiction after downloading from the website and disseminate the information to various field offices.
i)     Cases in respect of which information is received from other Government Department(s) or other authorities pointing out tax-evasion. The Assessing Officer shall record reasons in such cases and take approval from jurisdictional CCIT/DGIT before selecting such case for scrutiny.
3.   In order to ensure the quality of assessment orders, CCsIT/DGsIT would evolve suitable monitoring mechanism. They shall analyse at least 50 quality assessments of their respective charges and send the report to respective Zonal Member with copy to Member (IT) with suggestions for improvement by 30th April, 2014. CCsIT/DGsIT would further ensure that cases selected for publication in 'let us share' are picked up from quality assessments as reported.

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


FILLING OF ONLINE DVAT -48 RETURN FOR THE FIRST QUARTER 2013-14

Circular No: Vat/2011/591-597
Date: 6/08/2013

In partial modification to department’s circular No. 8 of 2013-14 on the  subject cited above, the last date of filling of  return, for the quarter ending 30.06.2013, is extending to the dates as per schedule  given below:-


Last date of filling of online return
In DVAT -48
Last date of filling hardcopy of return in form DVAT 48 along with form DVAT 43

29.08.2013
31.08.2013

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