Advance Tax provisions have been amended by the Finance Act 2016 (No. 28 of 2016) which are effective for Assessment Year 2017-18 relevant to Financial Year 20016-17. The amendments are given here under:
SECTION 139D OF THE INCOME-TAX ACT, 1961 - FILING OF RETURN IN ELECTRONIC FORM - EXTENSION OF FACILITY TO TAXPAYERS TO VERIFY IF DEMAND IN THEIR CASE IS DUE TO TAX CREDIT MISMATCH ON ACCOUNT OF INCORRECT FURNISHING OF SPECIFIED PARTICULARS AND SUBMIT RECTIFICATION REQUESTS WITH CORRECT PARTICULARS OF TDS/TAX CLAIMS FOR CORRECTION OF THESE DEMANDS
PRESS NOTE NO.402/92/2006-MC, DATED 17-4-2014
Detailed instructions have been issued by the CBDT to all the assessing officers laying down a Standard Operating Procedure (SOP) for verification and correction of demand by the AOs.
Punjab Government has levied advance tax on five new items in addition to the previous list of thirty items w.e.f. 7th March, 2014. The list of the items added are mentioned below:
31. Plastic Fabric and Bags 5.5%
32. Paper Board 5.5%
33. Brass 5.5%
34. Nickel 5.5%
35. Timber 5.5%
With a view to providing greater convenience to tax payers, it has been decided that all designated branches of agency banks and RBI Offices conducting government business will keep their counters open for extended hours on Saturday, March 29 and Monday, March 31, 2014 till 8.00 p.m. This arrangement will apply where March 31, 2014, has not been declared as a public holiday.
Income tax - Whether interest obligation arises for the Revenue in every case where excess tax paid by assessee has been retained by the State for its own enjoyment - YES: Supreme Court
THE issues before the Apex Court are - Whether the statutory obligation to refund carries with it the right to interest also; Whether when the assessee deposits tax as per an order passed u/s 195(2), the Revenue is under obligation to pay interest on refund processed as per the appellate order and Whether interest obligation arises for the Revenue in every case where excess tax paid has been retained by the State for its own enjoyment. And the verdict goes against the Revenue.
Department is required to give credit for TDS once valid TDS certificate had been produced or even where deductor has not issued TDS certificates, on the basis of evidence produced by the assessee regarding deduction of tax at source and on the basis of indemnity bond.
The Central Board of Direct Taxes (CBDT) has issued an order to extend the time limit to make payment of final installment of Advance Tax from 15th March, 2014 to 18th March, 2014. Taxpayers, therefore, can now pay their advance tax installment by Tuesday, 18th March, 2014 without entailing any consequential interest for deferment.
Punjab VAT notification dated 21-feb-2014 regarding singe stage taxation is attached hereunder also the download link is present at the bottom.
The CBDT has issued Instruction No. 1/2014 dated 15.01.2014 to the Chief Commissioners stating that though the Citizens Charter prescribes a time limit of one month for a decision u/s 197 on application for no deduction of tax or deduction of tax at lower rate, there is considerable delay in issuing the lower/non deduction certificate.
Excise & Taxation Department of Punjab government has issued the Notification regarding its Rahat scheme for small traders and has also issued the list of Class-I, Class-II and Class-III towns under the scheme. Below are both the notifications.
Govt introduces one-time tax for those with turnover up to Rs 1 cr
Excise and taxation inspectors (ETIs) would not be allowed to check commercial premises of traders in at least 71 towns of Punjab after February 13 as the state excise and taxation department is launching a new scheme under which traders would have an option to pay value added tax (VAT) once a year in proportion to their annual income. In lieu of this tax amount, the government would provide traders cashless treatment up to Rs 50,000, life and accidental insurance worth Rs 2 lakh and Rs 5 lakh insurance in case of damage to property due to fire.
The CBDT has issued Circuar 04/2014 dated 10.02.2014 pointing out that a large number of returns have become non-est as ITR-V was not furnished within the due date. As a result the refund claims have not been processed.
This communication by TDS-CPC team seeks to provide important information related to a Certificate issued for Deduction of Tax at Lower/ NIL Rates under section 197/197A of the Income Tax Act, 1961.
This section is applicable from 1st June 2013 for the property transactions above RS 50 lakh.
Section 194IA reads as under,
1. “Any persons, being a transferee responsible for paying (other than the person referred to in sec 194-LA) to a resident transferor any sum by way of consideration for transfer of any immovable property (other than agricultural land), shall, at the time of credit of such sum to the account of the transferor or at the time of payment of such sum in cash or by issue of a cheque or draft or any other mode, which ever is earlier, deduct an amount equal to one per cent of such sum as income tax thereon ”
Notification regarding withdrawal of Entry Tax
Notification Regarding Implementation of Advance Tax
Public Notice Regarding Advance Tax
1. The CBDT has issued Instruction No. 5/2013 F.No.275/03/2013-IT(B), dated 8.07.2013 stating that when an assessee approaches the AO with requisite details and particulars in the form of TDS certificate as evidence against any mismatched amount, the AO will grant credit of TDS to the assessee after ascertaining whether the deductor has made payment of the TDS to the Government.
2. The CBDT has issued Instruction No.6/2013 dt.10.07.2013 regarding set off of refunds against tax remaining payable-past adjustment of refunds against arrears where procedure under section 245 was not followed.
3. The CBDT has issued INSTRUCTION NO. 07/2013 Dated 15-07-2013 regarding Payment of interest u/s 244A of Income Tax Act 1961 when assessee is not at fault.
Things to be Done
1.Service Tax Due dates:
Due date to deposit Service Tax on services provided/deemed to provided in month/quarter is 5th of succeeding Month, but due date to deposit tax for month/quarter ending on 31st March ,is 31st March itself. So make sure that you pay your service tax due for the month of March /quarter Jan-March,13 as the case may be by 31st March ,2013.
2. Excise Duty Due Date :
Same rule of Service Tax is applicable on Excise Duty also, So excise duty due for month/quarter ended 31st March is to be deposited by 31st March,2013 itself.
3. Due Date for Advance Tax :
Generally tax payers thinks that advance tax due dates are 15 June, 15 Sep, 15 Dec and 15 march ,but forget about 31st March. 31st March is last day for depositing your advance tax under Income tax .If you have balance advance tax then pay it by 31st March , otherwise you have to bear another 1 % interest u/s 234B at least for one month.So even if you pay balance tax on First April,2013 ,you have to pay interest on balance advance tax u/s 234B for one month.
4. Advance tax for capital Gain :
Importance of 31st March in Indian Taxes Second point under advance tax is, if you have Income from Capital Gain then Income tax rules/act provide you exemption from depositing installment of advance due on capital gain amount before the accrual of such capital gain Income. but this is subject to condition that you pay balance tax with in Financial year.If you are unable to deposit the advance tax due on capital gain with in financial year then above exemption will not be available to you.
Example: Suppose a person earned income from capital gain Rs 12,00,000/- on March,16 and advance tax due is Rs 1,33,900/- .In this case, if person pay his advance tax by 31st March then no interest is to be charged u/s 234C but if he do not pay advance tax by 31 March , then interest u/s 234C will be payable by him amounting to Rs 4951/- from the first installment due date ?.
5 .Return for assessment year 2011-12
If you have not filed your Income Tax return for the assessment year 2011-12 ,then go far it before 31st March 2013 ,you still have a chance ,as belated return can be filed with in one year from the end of assessment year.
6. File Return for assessment year 2012-13 without penalty
If you have not filed your Income Tax return for the assessment year 2012-13 ,then go far it before 31st March 2013 ,you still have a chance to file your return without paying any penalty as the assessment year closes on 31st March.
7. Savings For Financial year:
If are planning to save tax u/s 80C or 80D(Medical /health insurance ) or other section then purchase Tax saving instruments like,NSC,PPF ,Lic receipt before 31st March so that you can take maximum benefit provided under these heads.
Further make sure that you cheque also got cleared before 31st March , as in few investment schemes cheque clearing date may be treated as your investment date .So its better to deposit in cash except section 80D (medical insurance/health insurance).
8. Filing of ITR-V for Assessment year 2010-11,2011-12 and 2012-13
If you filed your income tax return online without digital signature for above year but have not sent your ITR_V to CPC yet , then you should do it now , as you can submit ITR-V for AY 2010-11,2011-12, 20012-13 by 31st March , 2013.
9.Wealth Tax return :
Due date of filing of return in respect of Financial year 2012-13 ,who failed to file return on due dates Wealth Tax Form BA
tax 'N' accounts people
Tarun Kumar Gupta
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