Saturday 30 June 2018

Allotment Of E-PAN

Dear Friend's

There is good news for us that is Income Tax Department introduce a new service for allotment of free of cost instant E-Pan on near to real time basis (Beta Version).

Important Note:

This facility is free of cost and instant allotment of E-Pan is available only for a limited period on first come first serve basis for valid Aadhaar Holders.

Requirements:

  • Applicant already have PAN should not apply for E-PAN
  • The E-PAN facility only for resident individuals (Expect minors and other covered u/s 160 of Income Tax Act 1961) and not for HUF's, Firms, Trust, ans Company's etc.
  • Active mobile number linked with Aadhaar to receive Aadhaar OTP (One Time Password). To verify registered mobile number in Aadhaar please visit UIDAI portal (verify mobile number / email at Aadhaar)
  • E-PAN generated using the particulars available in Aadhaar. Details such as  Name, Date of Birth, Gender, Mobile Number and Address in Aadhaar is not correct or not update, please update the same in UIDAI prior applying E-PAN.                                                                                                                      
First visit link https://www.incometaxindiaefiling.gov.in/home and click on Instant e-PAN link https://portal.incometaxindiaefiling.gov.in/e-Filing/Services/ApplyePAN.html?ID=829454762
then put your Aadhaar number in appropriate box then put OTP receive on same mobile then click next.

Guidelines :-
1.Abbreviations / initials in Aadhaar name are not permitted in in the First and the Last name  / Surname Accepted scenario are started below.

Name as in Aadhaar   First Name     Middle Name    Last Name
           Nitin Panwar                       Nitin                             Nil                             Panwar

2. To avail e-PAN details given in Aadhaar should exactly match with applicant full name, date of birth and gender as is mention in one-line PAN application form.

3.Once E-Aadhaar KYC is completed based on Aadhaar OTP , the process e-PAN application will be initiated.

4.To apply for e-PAN applicant need to upload the scanned copy of the signature on a white paper in specification given below.

Resolution -200 DPI
Type          - Color
File Type  - JPEG
Size          - MAX 10 KB
Dimension- 2 x 4.5 cm (only the signature to be scanned)

5. This is paper-less facility  therefore no physical documents are required to be sent by PAN-Applicant.

Acknowledgement :-

After successfull filling e-PAN application a fifteen digit Acknowledgement number will be generated and send to mobile number / mail id mentioned in application form.

e-PAN Allotment :- 

Once e-PAN Successfully allotted the applicant will receive the SMS / email Alert e-PAN may be downloaded in e-filling portal by clicking on Instant e-PAN link ---> Check e-PAN status

Acknowledgement number and mobile OTP will be validated to download the e-PAN.



Friday 29 June 2018

New Update From Central Ground Water Authority


For the information of members at large the ground water abstraction for industrial use is regulated by the Central Ground Water Authority (CGWA).

Earlier vide Public Notice dated 19.07.2017, the existing ground water users including industrial, infrastructure and Mining projects have been directed to submit their applications for No Objection Certificate (NOC) to CGWA before 31.12.2017

Recently Central Ground Water Authority (CGWA) issued a public notice informing extension of date of application for obtaining NOC. All the users drawing ground water without a valid NOC are directed to submit their applications for NOC by or before 30-09-2018. It is clarified that any failure to submit applications before the date will render the concerned users responsible for non-compliance of the directions of CGWA and Hon'ble NGT.

All industrial ground water users can file on-line application for issuance of NOC at official website:

http://www.cgwa-noc.gov.in/LandingPage/index.htm


Due to new draft guidelines under process and suggestions/comments received are under consideration, the authority decided to extend the due date upto 30.09.2018 for submission of online application for NOC.  

Reverse Charge Mechanism Under GST

Dear Viewers


Today I am sharing such a important topic under goods and service tax i.e. RCM (Reverse Charge Mechanism) will be applicable again on 1st July 2018 which has been postponed until 30 June 2018.

Reverse Charge Mechanism is a very important topic. There are certain goods & services attract reverse charge. 

As per Sec 9(4) of CGST Act, if a registered person purchases goods/services from an unregistered dealer (URD) then the registered taxpayer is liable to pay GST on reverse charge basis. All the provisions of the Act will apply to such recipient as if he were the person liable for paying the tax in relation to the supply of goods or services.
This provision will apply if the below conditions are met:


1. Supply of Taxable goods or service
2. Supply must be by an unregistered person
3. Supply to be registered person.
4 Supply must be an intra-state supply as compulsory registration is required for inter-state sales

Purchasing from Unregistered person suppliers

Purchase upto 5000/- per day from Unregistered Suppliers will not attract GST. Reverse charge on buying from unregistered dealers if you are dealing with unregistered suppliers and making payments above Rs. 5,000.


What is the process of paying tax via RCM on purchases from URDs?
You will be required to fill up all the correct HSN codes for the goods and services that fall under RCM. 

Upload invoice details on our software. While uploading invoices, you can select whether RCM is applicable or not.

Our software will read your invoices. If you cross the threshold of Rs. 5,000, you will get an alert message saying that your aggregate purchases from URDs have exceeded Rs. 5,000.

What are the Profit & Loss items which might attract GST under RCM?

You must remember to keep a close track of the expenses portion of your P/L account. Following is an example of some expenses which can attract GST under RCM-

  • Rent
  • Commission payments
  • Printing and stationery
  • Repairs and Maintenance
  • Office Maintenance
  • Vehicle maintenance
  • Computer maintenance
  • Legal Fees
  • Consultancy Fees
  • Professional Fees
  • Audit Fees
  • Freight and transportation expenses (GTA)
  • Gift expenses
  • Business promotion expenses
  • Advertisement

Exceptions

For these items, RCM will not apply for the simple reason that GST is not applicable on these:

  • Salary and wages
  • Electricity
  • Interest
  • Car fuel (Diesel/petrol)
  • Government Fees (such as MCA fees, land registration fees etc.)

Exempted Goods and RCM

If the supply involves exempted goods/services RCM will not be applicable.
Examples:

1.      A registered person hires auto rickshaw for commuting from one place to another. 
This section will not apply as the transportation of passenger by auto rickshaw is exempted from GST.

2.      A registered person stays in a budget hotel whose tariff is Rs. 800 per day. Is GST applicable on RCM?


    Detailed Report of RCM on various expenses debited to Profit and Loss A/c is as follows:-

Sr No
Particulars of Expenses
Applicablity of GST
Rate of GST
ITC Avail-ablity for Front Charge
RCM if From URD
RCM ITC
Remarks
1
Wages
Not Applicable




Employer Employee relationship
2
Salary
Not Applicable




Employer Employee relationship
3
Fuel Expenses for Vehicle
Not Applicable




Petroleum Products not covered under GST
4
Interest Paid
Not Applicable




Except where paid to Creditors for Goods purchased or Services received
5
Depreciation
Not Applicable





6
Bad Debts
Not Applicable





7
Loss Due to theft/Fire
Not Applicable




Corresponding ITC on purchase of material destroyed by fire theft natural calamity free sample etc needs to be reduced.
8
Electricity Expenses
Not Applicable





9
Remuneration to Partners
Not Applicable




As per clarification issued.
10
Profession Tax
Not Applicable





11
Municipal Taxes
Not Applicable





12
ESIC Payments
Not Applicable





13
Discount shown in Bills
Not Applicable





14
Food to Staff Entertainment Expenses
Applicable
Various
No
Yes
No
12% in case of non air-conditioned hotels and 18% in Air conditioned Hotels (Applicable to take away and delivery) Incase of small roadside vendors and unregistered Hotels RCM will be applicable No Input Tax Credit is available on Food and Beverages
15
Conference and Seminar Expenses
Applicable
18%
Partly Yes Refer Remarks
Yes
Partly Yes Refer Remarks
Tax on Rent of the venue i.e. Banquet Will be available as ITC. Tax on Food and Beverages will not be available. It is advisable to have separate bills for rent and Food.
16
Printing and Stationery
Applicable
12% and 18%
Yes
Yes
Yes
Incase of Tax Paid on stationery and Photocopy expenses ITC is available. A diary system with local stationery shop can be maintained and monthly billing can be done for convenience.
17
Travelling Expenses






17a
Train Tickets
Applicable
5% for First Class/III Tier Ac
No


Since railways are currently not updating GSTIN on system the ITC will not be available.
17b
Flight Tickets
Applicable
5% Economy Class
Yes
Yes
Yes
Obtain a copy of Invoice from airline company. All airline companies have started customer updation programms please update your GSTIN with airline companies.
17c
Hotel Accommodation Charges
Applicable
18%/ 28%
Partly Yes Refer Remarks
Yes
Partly Yes Refer Remarks
Tax charged on Accommodation in the same state i.e. In case where the recipient and the hotel are in same state ITC will be available. In case of Hotels outside the state where GST registration is not there than ITC may not be allowed. Tariff up to Rs 999/: 0% Tax. From 1001 to 2499 Rs 12% Tax From 2500 to 7499 Tax@ 18%. And 7500 and above tax rate will be 28%.
17d
Taxi Services such as Tourist vehicle
Applicable
18%
No
Yes

Such Services are in negative list
18
Conveyance






18a
BEST Bus NMDC TMC Bus Etc
Exemption

No
No
No

18b
Auto Rickshaw Metered Taxi Kali Pili
Exemption

No
No
No

18c
Train Pass
Applicable
5% in Case of I Class
No
No
No
Since railways are currently not updating GSTIN on system the ITC will not be available.
18d
Ola/Uber Radio Taxi
Applicable
5%
No
Yes
No
Generally bills are sent on mail which should be properly recorded in books of accounts.
19
Courier Charges
Applicable
18%
Yes
Yes
Yes

20
Repairs to Machinery
Applicable
Various
Yes
Yes
Yes

21
Repairs to Land and Building
Applicable
Various
No Refer Remarks
Yes
No Refer remarks
If repairs are to immovable property than ITC is not available.
22
Insurance Premium Paid
Applicable
18%
Partly Yes Refer Remarks
Yes
Yes
ITC Available except Life and Medical Insurance.
23
Telephone Expenses
Applicable
18%
Yes Refer Remarks
Yes
Yes
ITC available provided connection in name of business entity claiming ITC and GSTIN of Business entity mentioned on Bill.
24
Accounts Writing Charges
Applicable
18%
Yes
Yes
Yes
Generally such part time accountants are unregistered and hence will attract RCM and ITC will be available.
25
Transport Charges Like Tempo etc.
Applicable
Exempt
No
No
No
Transport Charges are exempt from GST except GTA. Hence booking of private tempo or any other carriage for transport of goods where consignment note is not issued will be exempted.
25a
GTA (Compulsory RCM) [Sec 9(3)]
Applicable
5%
NA
Compulsory RCM 5%
Yes
Compulsory reverse charge is applicable on GTA Services @ 5%. Full ITC is available. Charges to the extent of Rs 750 for multiple carriage and Rs 1500/: for exclusive single carriage is exempt and hence no RCM on such services. GTA means a person who provides service in relation to transport of goods by road and issues consignment note by whatever name called.
25b
Hamali Loading Unloading
Applicable
18%
Yes
Yes
Yes
Majority of Hamali Charges are URD and hence RCM Effect will be there. Set off of tax paid on RCM will be available.
25c
Weighment Charges
Applicable
18%
Yes
Yes
Yes

25d
Packing Expenses (Labour)
Applicable
18%
Yes
Yes
Yes

26
Packing Expenses (Material)
Applicable
Various
Yes
Yes
Yes

27
Legal Expenses (Paid to Advocate or Advocate Firm) [Sec 9(3)]
Applicable
18%
NA
Compulsory RCM 18%
Yes
Compulsory reverse charge for payment made to advocate or advocate firm. Full ITC of tax paid on RCM is available
28
Testing Charges
Applicable
18%
Yes
Yes
Yes

29
Labour Charges
Applicable
18%
Yes
Yes
Yes

30
Business Promotion Expenses
Applicable
Various
Yes (Refer Note)
Yes
Yes
In case of free gifts sample etc Input Tax Credit will not be available.
31
Professional Fees (Other than Advocate Fee)
Applicable
Various
Yes
Yes
Yes

32
Internet Charges
Applicable
18%
Yes
Yes
Yes

23
Computer Expenses
Applicable
18%
Yes
Yes
Yes

24
Court fee Paid
Not Applicable

No
No
No

25
ROC Fee
Not Applicable

No
No
No

26
Security Charges
Applicable
18%
Yes
Yes
Yes

27
Site Expenses
Applicable
Various
Yes
Yes
Yes
Site Expenses needs to be categorised properly in different heads. This expenses generally have high quantum of non invoice and URD Purchases and is very important for RCM







if after categorizing site expenses few expenses pertaining to food beverages etc are found than ITC will not be available.
28
Bank Charges
Applicable
18%
Yes
Yes
Yes

29
Bank Guarantee Charges
Applicable
18%
Yes
Yes
Yes

30
Profession Tax
Not Applicable





31
Rent
Applicable
18%
Yes
Yes
Yes

32
Storage and Warehousing
Applicable
18%
Yes
Yes
Yes

33
Office Expenses
Applicable
Various
Yes(Refer Note)
Yes
Yes
Office Expenses needs to be categorized properly in different heads. This expenses generally have high quantum of non invoice and URD Purchases and is very important for RCM if after categorizing site expenses few expenses pertaining to food beverages etc are found than ITC will not be available.
34
Staff Welfare
Applicable
Various
Yes (Refer Note)
Yes
Yes
Staff Welfare needs to be categorized properly in different heads. This expenses generally have high quantum of non invoice and URD Purchases and is very important for RCM if after categorizing staff welfare expenses few expenses pertaining to food beverages etc are found than ITC will not be available.
35
Auditors Fee
Applicable
18%
Yes
Yes
Yes

36
Subscription
Applicable
18%
Yes
Yes
Yes

37
Membership Expenses
Applicable
18%
Yes
Yes
Yes

38
Commission and Brokerage
Applicable
18%
Yes
Yes
Yes
It is a high risk expense chance of URD RCM is more often than not.
39
Liaison Work
Applicable
18%
Yes
Yes
Yes
It is a high risk expense chance of URD RCM is more often than not.
40
Liquidated Damages
Applicable
18%
Yes
Yes
Yes

41
Exhibition Expenses
Applicable
18%
Yes
Yes
Yes

42
Interest paid to Creditors for Taxable Goods/Taxable Service
Applicable
Rate of ser/goods
Yes
Yes
Yes

43
Advertisement
Applicable
18%
Yes
Yes
Yes

44
Motor car Purchase/Rental
Applicable
28% + Cess
No
Yes
No
Motor car is in blocked credit list. Hence no Input Credit available
45
Purchase/Rental of vehicle for Goods Transport
Applicable
28% + Cess
Yes
Yes
Yes

46
Purchase of Computer
Applicable
18%
Yes
Yes
Yes

47
Purchase of Office Equipment
Applicable
Various
Yes
Yes
Yes

48
Purchase of office Furniture
Applicable
Various
Yes Refer Remarks
Yes
Yes Refer Remarks
ITC available on office furniture however if the furniture etc results into immovable property than no ITC is available.
49
Purchase of Cellular Phone
Applicable
12%
Yes
Yes
Yes

50
Purchase of Machinery
Applicable
Various
Yes
Yes
Yes