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Did you know that you can now deposit all your TDS under different sections using a Single Challan? Yes, you can use a single challan for TDS payments under various sections, and this is applicable for up to 3 years!
Even today, many businesses continue to deposit TDS using multiple challans each month—sometimes between 10 to 15 different challans. But here's some great news for all those who face this challenge!
For those unfamiliar with this development, it may sound like old news—but for many, this is a BIG UPDATE. TDS compliance has often been complex, but the Government has simplified the process significantly.
One Single Challan for Multiple TDS Payments: You can now deposit all your TDS under different sections (e.g., TDS for Salary, Contractors, Professionals) through one single challan.
For Different Entities: Whether you are a company, firm, or proprietorship, you can use a single challan to deposit TDS.
For example:
The Centralized Processing Centre (CPC) for TDS has issued an advisory for all deductors who were previously using multiple challans for TDS payments. Here are the main points from the advisory:
Payment of Tax Deducted under Different Sections:
Payment of Tax for Different Assessment Years:
Reporting Multiple Deductees with Same TAN:
With the updated system (post-Financial Year 2012-13), the section mentioned in the challan during the TDS deposit is no longer relevant for the TDS statement. This means you can use one challan for multiple sections, and it will be correctly reflected in your TDS return.
Example:
If your monthly TDS outgo is approximately Rs 5,00,000, but some vendor bills or approvals are pending, you can deposit Rs 5,00,000 before the 7th of each month, and adjust it later during the e-filing process.
By overpaying, you can carry forward the excess amount for the next month or even the next financial year.
You can read more about this topic in detail on TaxGuru.
Circular on Single TDS Challan
If you have any questions or need assistance, feel free to contact us at ContactUs@tdscpc.gov.in or call the Income Tax Department toll-free at 1800 103 0344.
For personalized guidance, you can reach out to us at:7014451513 or at vardhmantaxcon@gmail.com
What factors affect your interest Rate
There are several factors that affect interest rates, including:
1.Credit score:
Yes, a credit score is a very important factor in determining the interest rate of a loan:
Credit score and interest rates
A higher credit score is usually associated with a lower interest rate, and a lower credit score is associated with a higher interest rate. This is because lenders consider a higher credit
score to indicate a lower risk borrower.
Credit score and loan approval
A higher credit score can also increase the chances of getting a loan approved. Lenders may be more likely to decline loan applications from people with lower credit scores.
Credit score and other benefits
A higher credit score can also lead to other benefits, such as better repayment terms and a quicker loan approval process.
2.Loan term: The length of a loan can affect the interest rate, especially for loans that use factor rates.
Longer loans are riskier
Lenders charge higher interest rates for longer loans because they are riskier. This is because there is more time for the borrower to default, and the economy or market could fluctuate during that time.
Shorter loans can save money
Shorter loans can save money because you pay interest for a shorter period of time. They also usually have lower interest rates, sometimes by as much as a percentage point. However,
shorter loans have higher monthly payments.
Lenders make more money from longer loans
Lenders make more money from longer loans because the debt has more time to accrue interest.
3.Down payment: A larger down payment can result in a lower interest rate.
Yes, the down payment you make on a loan can have a direct impact on the interest rate you're offered:
Lower interest rate
A larger down payment can lead to a lower interest rate. This is because a larger down payment reduces the lender's risk, as the borrower has more equity in the property from the start.
Lower monthly payments
A larger down payment can also lead to smaller monthly payments. This is because a smaller loan balance means smaller monthly payments.
Avoid mortgage insurance
A down payment of 20% or more can help you avoid paying private mortgage insurance (PMI) on a conventional loan. PMI is usually a monthly fee that's added to your monthly mortgage payment.
4.Loan amount: A higher loan amount can result in a higher interest rate because it's riskier for the lender.
Yes, a down payment is an important factor that can affect the interest rate of a loan:
Lower loan amount
A larger down payment reduces the amount of the loan, which lowers the loan-to-value ratio.
Lower risk for lender
Lenders view a larger down payment as a lower risk, and are more likely to offer better interest rates to borrowers who present less risk.
Demonstrates commitment
A down payment shows the lender that the buyer is committed to the purchase.
Builds equity
A down payment is the first step in building equity in a home.
5.Loan-to-value ratio: Lenders consider this ratio when deciding how much to lend and at what rate.
Yes, a loan-to-value (LTV) ratio is a key factor in determining a loan's interest rate:
What it is
The LTV ratio is the percentage comparison of a mortgage's size to the value of the home being bought or refinanced.
How it's used
Lenders use the LTV ratio to assess the risk of a loan application. A higher LTV ratio indicates a higher risk to the lender, so loans with higher LTVs tend to have higher interest rates.
Why it's important
A lower LTV ratio is generally better for borrowers because it indicates a lower risk to the lender, which can lead to lower interest rates and better loan terms.
How to calculate it
To calculate your LTV ratio, divide the amount you owe on your current mortgage by the new value of your home, and then multiply that number by 100.
6.Income: A higher income can result in a lower interest rate because it shows the lender that the borrower can more easily repay the loan.
Yes, income is a key factor that lenders consider when determining interest rates for loans:
Income stability
Lenders want to see that you have a steady income to cover monthly loan payments. A stable job and a consistent income can lead to better interest rates.
Income level
A higher income can mean a lower interest rate because it shows that you can repay debt well.
Length of employment
The longer you've been employed at a company, the better your chances of negotiating a lower interest rate.
Employer's reputation
Working for a reputable company or being a government employee can help your interest rate.
Income verification
Lenders may ask for salary slips, bank statements, and employment history.
Monthly disposable income
Lenders may consider your monthly disposable income after debt payments. If a large portion of your income goes toward debt, it can increase the risk of default.
7.Loan type: The type of loan, whether it's secured or unsecured, and other factors can affect the interest rate.
Yes, whether a loan is secured or unsecured is important when deciding on interest rates:
Secured loans
Generally have lower interest rates than unsecured loans because they are less risky for lenders. This is because the lender can use the collateral as repayment if the borrower defaults.
Unsecured loans
Generally have higher interest rates than secured loans because they are riskier for lenders. This is because there is no collateral for the lender to recover if the borrower defaults.
When deciding between a secured or unsecured loan, you can consider your financial situation and needs. For example, if you have a strong credit history and need a loan for something specific, an unsecured loan might be a good option. If you have assets that you can use as collateral, a secured loan might be a better choice.
8.Economic conditions: The current economic conditions can affect interest rates.
Yes, economic conditions are a major factor in determining interest rates on loans:
Inflation
Higher inflation can lead to higher interest rates because it increases the cost of goods and services and erodes the value of money.
Economic growth
A strong economy typically leads to lower interest rates because lenders are more willing to take on risk to finance business growth.
Liquidity
The ease with which money flows in the economy can influence interest rates.
State of the economy
When the economy slows down, people may cut back on borrowing and spending, which can lead to lower interest rates.
9.Interest Rate Type: There are several types of interest rates for loans, including fixed, floating, and hybrid:
Fixed interest rate: The interest rate remains the same throughout the loan term. This type of rate is easy to calculate and understand, and it's the most common type of interest rate.
Floating interest rate: The interest rate changes over time based on market conditions, such as inflation, credit supply and demand, and monetary policy. This type of rate is usually charged on home loans.
Hybrid interest rate: This type of rate combines fixed and floating interest rates. It has a fixed interest rate for a set period of time, and then switches to a floating interest rate.
Fixed interest rates offer more predictability in repayments, while floating rates can be more cost-effective if market rates decrease.
10. Employment History: Your employment history can affect your loan rate and eligibility in a number of ways, including:
Employment type: Salaried employees are generally considered the most desirable because of their regular paychecks. Self-employed and contract workers may face more scrutiny because their income can fluctuate.
Employment stability: Lenders may be concerned if you've had multiple jobs in a short period of time. A consistent employment history can be a positive factor.
Income stability: Lenders want to ensure that you have a stable income to support your loan payments.
Length of employment: A longer employment history can be a positive factor.
Career advancement: A history of career advancement can be a positive factor.
Gaps in employment: Lenders are understanding of common and logical gaps, such as maternity leave, school, company layoffs, and temporary disability. However, frequent job changes or an employment history of only two years or less may be red flags.
11. Location of Property:
Yes, a property's location is a factor that can affect the interest rate of a loan:
Location Properties in desirable locations with good connectivity and infrastructure are more likely to have lower interest rates. Properties in less desirable locations, like the outskirts of a city or rural areas, may have higher interest rates.
Resale value
Properties with a higher resale value are less risky for lenders, so they may have lower interest rates.
12.Co-Borrower:
A co-borrower can affect the interest rate of a loan in several ways:
Credit history
Lenders consider the credit history of both applicants when evaluating a loan application. A co-borrower with a good credit history can help you negotiate a better interest rate.
Income
A co-borrower with a large income can help you get a larger loan amount at a competitive interest rate.
Joint responsibility
Both borrowers are equally responsible for paying the loan, which can help alleviate financial pressure and improve household cash flow.
Tax benefits
In some countries, both co-borrowers may be eligible for tax deductions on interest and principal repayments.
13.Property Type:
Yes, the type of property is an important factor that can affect the interest rate of a loan, especially for a loan against property (LAP):
Property type: Interest rates can vary for different types of properties, such as residential and commercial properties.
Property location: A property's location can affect its interest rate, as lenders consider the property's potential for appreciation. A property in a good location with a high resale value may result in a lower interest rate.
Property age: The age of the property can affect the interest rate.
14.Supply and demand:
Yes, supply and demand are important factors that affect interest rates on loans:
Demand
When demand for money or credit increases, interest rates rise. This is because lenders can increase the cost of borrowing when there's a strong demand.
Supply
When the supply of money increases, interest rates fall. This is because people move into bonds when the money supply increases, which causes bond prices to rise.
Loanable funds
The supply of loanable funds is based on savings, while the demand is based on borrowing. The interaction between these two determines the interest rate and how much is loaned out.
15.Debt to Income Ratio:
Yes, your debt-to-income (DTI) ratio is an important factor that lenders consider when deciding interest rates for loans:
What it is
Your DTI ratio is the percentage of your monthly income that goes towards paying your monthly debts.
How it's calculated
To calculate your DTI ratio, divide your monthly debt payments by your monthly gross income and multiply by 100%.
Why it's important
Lenders use your DTI ratio to determine how well you manage your debt and your ability to repay a loan. A lower DTI ratio indicates that you have a good balance between debt and income, and you're less risky to lend to.
What's considered ideal
Most lenders prefer a DTI ratio of less than 40%. A DTI ratio of 21–35% is considered ideal.
What happens with a higher DTI ratio
A higher DTI ratio may indicate that you have too much debt, and you may have difficulty managing your monthly payments. This can make it harder to get a loan, and if you do, the interest rates and terms may be less favorable.
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Are your planning to set-up warehouse business in Rajasthan then you can avail the following incentives:
Eligibility: 2Cr Minimum Investment
Benefits:
Capital Subsidy: @25% of equipment value max.1Cr.
Or
Interest subsidy @7%
+
Green incentive: 25% of cost of capital max. 50 Lakh(EV,Rain-water harvesting etc.)
+
100% exemption of electricity duty, mandi fee & land taxes for 7 years
100% Stamp Duty benefit will be given in stages as notified by the State
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#RIPS2019 #RIPS 2022 #Incentive by rajasthan goverement
Q-1 | What are the cercumstances in which GST registration can be cancelled? | ||
Ans. | Any registration granted under this Act may be cancelled by the Proper Officer. The various | ||
Subsection 1 | circumstances and the provisions of the law on this subject have been outlined under Sec. 29 | ||
A registration granted can be cancelled by the proper officer, either on his own or on | |||
application by the registered person when – | |||
— the business is discontinued, transferred fully for any reason including death of | |||
proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or | |||
— there is any change in the constitution of the business; (For example- Private limited company has changed to a public limited company) or | |||
— the taxable person is no longer liable to be registered under sections 22 or section 24 or | |||
intends to opt out of the registration voluntarily made under subsection (3) of section 25. |
|||
Provided that during pendency of the proceedings relating to cancellation of | |||
registration filed by the registered person, the registration may be suspended for such | |||
period and in such manner as may be prescribed | |||
Inserted vide The Central Goods & Services Tax Amendment Act, 2018 w.e.f 01.02.2019 | |||
Q-2 | When the proper office may cancell the registration? | ||
Ans. | The proper officer may cancel the registration of a person from such date, including any | ||
Subsection 2 | retrospective date, as he may deem fit, where, –– | ||
(a) a registered person has contravened such provisions of the Act or the rules made | |||
thereunder as may be prescribed; or | |||
(b) a person paying tax under section 10 has not furnished returns for three | |||
consecutive tax periods; or | |||
(c) any registered person, other than a person specified in clause (b), has not | |||
furnished returns for a continuous period of six months; or | |||
(d) any person who has taken voluntary registration under sub-section (3) of section | |||
25 has not commenced business within six months from the date of registration; | |||
or | |||
(e) registration has been obtained by means of fraud, wilful misstatement or | |||
suppression of facts: | |||
Provided that the proper officer shall not cancel the registration without giving the | |||
person an opportunity of being heard: | |||
[Provided further that during pendency of the proceedings relating to cancellation of | |||
registration, the proper officer may suspend the registration for such period and in such | |||
manner as may be prescribed]. | |||
Inserted vide The Central Goods & Services Tax Amendment Act, 2018 w.e.f 01.02.2019 | |||
Q-3 | Is the cancellation of Reg. affect the liability? | ||
No, The cancellation of registration under this section shall not affect the liability of the | |||
Subsection 3 | person to pay tax and other dues under this Act or to discharge any obligation under | ||
this Act or the rules made thereunder- for any period prior to the date of cancellation | |||
whether or not such tax and other dues are determined before or after the date of | |||
cancellation. | |||
Q-4 | Is the cancellation deemed to be affect in all act of GST? | ||
Ans. | Yes, The cancellation of registration under the State Goods and Services Tax Act or the | ||
Subsection 4 | Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to | ||
be a cancellation of registration under this Act. | |||
Q-5 | What will be liability of GST reversal in case of cancellation? | ||
Ans. | Every registered person whose registration is cancelled shall pay an amount, by way of | ||
Subsection 5 | debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of | ||
input tax in respect of inputs held in stock and inputs contained in semi-finished or | |||
finished goods held in stock or capital goods or plant and machinery on the day | |||
immediately preceding the date of such cancellation or the output tax payable on such | |||
goods, whichever is higher, calculated in such manner as may be prescribed: | |||
Provided that in case of capital goods or plant and machinery, the taxable person shall | |||
pay an amount equal to the input tax credit taken on the said capital goods or plant and | |||
machinery, reduced by such percentage points as may be prescribed or the tax on the | |||
transaction value of such capital goods or plant and machinery under section 15, | |||
whichever is higher. | |||
Q-6 | What will be the manner of calculation of amount payable u/s/s 5 ? | ||
Ans. | The amount payable under sub-section (5) shall be calculated in such manner as may | ||
Subsection 6 | be prescribed. | ||
Q-7 | What is the Process for Application for cancellatin of Registration ? | ||
Ans. | A registered person, other than a person to whom a registration has been granted under | ||
Rule 20 | rule 12 or a person to whom a Unique Identity Number has been granted under rule 17, | ||
seeking cancellation of his registration under sub-section (1) of section 29 shall | |||
electronically submit an application in FORM GST REG-16, including therein the details | |||
of inputs held in stock or inputs contained in semi-finished or finished goods held in | |||
stock and of capital goods held in stock on the date from which the cancellation of | |||
registration is sought, liability thereon, the details of the payment, if any, made against | |||
such liability and may furnish, along with the application, relevant documents in support | |||
thereof, at the common portal within a period of thirty days of the occurrence of the | |||
event warranting the cancellation, either directly or through a Facilitation Centre notified | |||
by the Commissioner. | |||
[Provided that no application for the cancellation of registration shall be considered in | |||
case of a taxable person, who has registered voluntarily, before the expiry of a period of | |||
one year from the effective date of registration.] Omitted vide Notf no. 03/2018-CT dt. 23.01.2018 | |||
Q-8 | In what cases Registration to be cancelled by Proper officer? | ||
Ans. | Registration to be cancelled in certain cases | ||
Rule 21 | The registration granted to a person is liable to be cancelled, if the said person,- | ||
(a) does not conduct any business from the declared place of business; or | |||
(b) issues invoice or bill without supply of goods or services in violation of the | |||
provisions of this Act, or the rules made thereunder; or | |||
[(c) violates the provisions of section 171 of the Act or the rules made thereunder. i.e Violates the anti-profiteering provisions (for example, not passing on benefit of ITC to customers)]- Inserted vide Notf no. 07/2017-CT dt. 27.06.2017 ;or | |||
[(d) violates the provision of rule 10A. i.e requirement of furnishing of the bank account details under GST]-Inserted vide Notf no. 31/2019 – CT dt. 28.06.2019 | |||
With effect from 1st January 2021- | |||
(e) Utilisation of ITC from electronic credit ledger to discharge more than 99% of the tax liability for specified taxpayers violating Rule 86B – with the total taxable value of supplies exceeding Rs.50 lakh in the month, with some exceptions. OR | |||
(f) A taxpayer who cannot file GSTR-1 due to GSTR-3B not being filed for more than two consecutive months (one quarter for those who opt into the QRMP scheme) OR | |||
(g) Avails input tax credit in violation of the provisions of section 16 of the Act or the rules. | |||
Q-9 | What is Suspension of Registration and when this Rule inserted ? | ||
Ans. | Inserted vide Notf no. 03/2019-CT dt. 29.01.2019 wef 01.02.2019 | ||
Rule 21A | |||
(1) Where a registered person has applied for cancellation of registration under rule 20, the | |||
registration shall be deemed to be suspended from the date of submission of the | |||
application or the date from which the cancellation is sought, whichever is later, pending | |||
the completion of proceedings for cancellation of registration under rule 22. | |||
(2) Where the proper officer has reasons to believe that the registration of a person is liable | |||
to be cancelled under section 29 or under rule 21, he may, after affording the said | |||
person a reasonable opportunity of being heard, suspend the registration of such | |||
person with effect from a date to be determined by him, pending the completion of the | |||
proceedings for cancellation of registration under rule 22. | |||
(3) A registered person, whose registration has been suspended under sub-rule (1) or subrule | |||
(2), shall not make any taxable supply during the period of suspension and shall | |||
not be required to furnish any return under section 39. | |||
[Explanation.-For the purposes of this sub-rule, the expression “shall not make | |||
any taxable supply” shall mean that the registered person shall not issue a tax invoice | |||
and, accordingly, not charge tax on supplies made by him during the period of | |||
suspension].-Inserted vide Notf no. 49/2019-CT dt. 09.10.2019 | |||
(4) The suspension of registration under sub-rule (1) or sub-rule (2) shall be deemed to be | |||
revoked upon completion of the proceedings by the proper officer under rule 22 and | |||
such revocation shall be effective from the date on which the suspension had come into | |||
effect.] | |||
[(5) Where any order having the effect of revocation of suspension of registration has been | |||
passed, the provisions of clause (a) of sub-section (3) of section 31 and section 40 in | |||
respect of the supplies made during the period of suspension and the procedure | |||
specified therein shall apply].-Inserted vide Notf no. 49/2019-CT dt. 09.10.2019 | |||
Q-10 | What is the Process of cancellatin of Registration by Proper officer ? | ||
Ans. | (1) Where the proper officer has reasons to believe that the registration of a person is | ||
Rule 22 | liable to be cancelled under section 29, he shall issue a notice to such person in FORM | SCN | |
GST REG-17, requiring him to show cause, within a period of seven working days from | |||
the date of the service of such notice, as to why his registration shall not be cancelled. | |||
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in | |||
FORM GST REG–18 within the period specified in the said sub-rule. | |||
(3) Where a person who has submitted an application for cancellation of his registration is | |||
no longer liable to be registered or his registration is liable to be cancelled, the proper | |||
officer shall issue an order in FORM GST REG-19, within a period of thirty days from | |||
the date of application submitted under rule 20 ([sub-rule (1) of] rule 20 Omitted vide Notf no. 7/2017-CT dt. 27.06.2017) or, as the case may | |||
be, the date of the reply to the show cause issued under sub-rule (1), cancel the | |||
registration, with effect from a date to be determined by him and notify the taxable | |||
person, directing him to pay arrears of any tax, interest or penalty including the amount | |||
liable to be paid under sub-section (5) of section 29. | |||
(4) Where the reply furnished under sub-rule (2) is found to be satisfactory, the proper | |||
officer shall drop the proceedings and pass an order in FORM GST REG–20: | |||
[Provided that where the person instead of replying to the notice served under subrule | |||
(1) for contravention of the provisions contained in clause (b) or clause (c) of subsection | |||
(2) of section 29, furnishes all the pending returns and makes full payment of | |||
the tax dues along with applicable interest and late fee, the proper officer shall drop the | |||
proceedings and pass an order in FORM GST-REG-20.]-Inserted vide Notf no. 39/2018-CT dt. 04.09.2018 | |||
(5) The provisions of sub-rule (3) shall, mutatis mutandis, apply to the legal heirs of a | |||
deceased proprietor, as if the application had been submitted by the proprietor himself | |||
Q-11 | What is final return and when it to be filed after cancellation? | ||
Ans. | As per section 45 i.e Final return, “every registered person who is required to furnish a | ||
return under sub-section (1) of section 39 and whose registration has been cancelled shall | |||
furnish online on the GST Portal, a final return “within three months” of the date of | |||
cancellation or date of order of cancellation, whichever is later, in GST FORM GSTR-10 as | |||
specified in Rule 81” | |||
Q-12 | What are the releven for deal in cancellation? | ||
Ans. | Form No | Filed By | Discription |
REG-16 | For Taxpayer | Application for Cancellation of Registration | |
REG -17 | For Tax Official | Show Cause Notice for Cancellation of Registration | |
REG -18 | For Taxpayer | Reply to the Show Cause Notice issued for cancellation for registration | |
REG-19 | For Tax Official | Order for Cancellation of Registration | |
REG-20 | For Tax Official | Order for dropping the proceedings for cancellation of registration | |
Q-13 | In case a person whose tournover not exceed threshold limit but taken GST Registration can apply for cancellation? | ||
Ans | Yes, can apply after Notf no. 03/2018-CT dt. 23.01.2018, Earlier, such person could not apply for cancellation before expiry of one year from the effective date of registration. |
206CQ: Entry in 26AS: Collection at source on remittance under LRS for purpose other than for purchase of overseas tour package or for educational loan taken from financial institution
The Finance Act 2020 has inserted new sub-section (1G) in Section 206C of the Income-tax Act, 1961 (“Act”) which is effective from 1st October, 2020
Act:
206(1G) Every person,—
shall, at the time of debiting the amount payable by the buyer or at the time of receipt of such amount from the said buyer, by any mode, whichever is earlier, collect TCS from the buyer, a sum equal to 5% of such amount as income-tax:
Provided that the authorised dealer shall not collect the sum, if the amount or aggregate of the amounts being remitted by a buyer is less than 7 Lakh Rs. in a financial year and is for a purpose other than purchase of overseas tour program package:
Provided further that the sum to be collected by an authorised dealer from the buyer shall be equal to 5% of the amount or aggregate of the amounts in excess of 7 lakh rupees remitted by the buyer in a financial year, where the amount being remitted is for a purpose other than purchase of overseas tour program package:
Provided also that the authorised dealer shall collect a sum equal to .5 % of the amount or aggregate of the amounts in excess of 7 lakh rupees remitted by the buyer in a financial year, if the amount being remitted out is a loan obtained from any financial institution as defined in section 80E, for the purpose of pursuing any education:
Provided also that the authorised dealer shall not collect the sum on an amount in respect of which the sum has been collected by the seller:
Provided also that the provisions of this sub-section shall not apply, if the buyer is,—
(i) liable to deduct tax at source i.e TDS under any other provision of this Act and has deducted such amount;
(ii) the Central Government, a State Government, an embassy, a High Commission, a legation, a commission, a consulate, the trade representation of a foreign State, a local authority as defined in the Explanation to clause (20) of section 10 or any other person as the Central Government may, by notification in the Official Gazette, specify for this purpose, subject to such conditions as may be specified therein.
Explanation.—For the purposes of this sub-section,—
(i) "authorised dealer" means a person authorised by the Reserve Bank of India under sub-section (1) of section 10 of the Foreign Exchange Management Act, 1999 (42 of 1999) to deal in foreign exchange or foreign security;
(ii) "overseas tour programme package" means any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto.
FAQs
Q What is the provision under the new sub-section (1G) of Section 206C of the Act?
Ans.The above sub-section has introduced liability of collecting TCS on below two categories of remittances with effect from 01.10.2020 –
Q. When does the liability of collecting TCS arises for remittances made under LRS?
Ans. With effect from 01.10.2020, any amount or aggregate of the amounts being remitted outside India by a person resident in India under the LRS Scheme of RBI in excess of Rs. 7 Lakh in a financial year will attract TCS @5%. The authorized dealer who is authorized by RBI under Foreign Exchange Management Act, 1999 (“FEMA”) to deal in foreign currency or foreign security, would be liable to collect such TCS from the buyer who is remitting such amount of foreign exchange outside India under the LRS scheme.
Q. What is Meaning of Buyer for the purpose of TCS under LRS?
Ans. Buyer shall be the person who is remitting any amount out of India under LRS for any approved purposes which are covered under the said scheme.
Q. At what time, TCS is required to be collected from the buyer?
Ans. TCS is to be collected earlier of the following either
Q.What is LRS Scheme of RBI?
Ans. Under LRS Scheme, an Individual person who is resident in India as per FEMA is permitted to remit outside India fund up to US$ 2,50,000 per financial year (April to March) without any approval of RBI for any permitted current account or capital account transactions or both such as opening foreign currency account abroad, purchase of property or making investments abroad, private visit, gift/donation, business trip, medical treatment, studies abroad, going abroad on employment, etc.
This scheme is available only to Individuals (including minors) and not to corporates, Partnership firms, LLP, HUF, etc.
Q. How to compute the threshold of Rs. 7 Lakh for TCS on LRS?
Ans.The threshold of Rs. 7 Lakh is for the whole financial year for each buyer. However, for the FY 2020-21, this provision is effective from 01.10.2020. Therefore, any remittance made till 30.09.2020 will not attract any TCS. However, for computing the limit of Rs. 7 Lakh, remittances made from 01.04.2020 will be considered. Hence, if any person has already remitted Rs. 7 Lakh by 30.09.2020, then TCS will be applicable on every remittance made on or after 01.10.2020. In case remittances made up to 30.09.2020 is less than Rs. 7 Lakh, then TCS on remittance(s) on or after 01.10.2020 will be applicable on amount exceeding Rs. 7 Lakh.
Where remittance is being made under LRS for the purpose of education and source of funds for such remittance is out of any loan taken from any financial institution as defined u/s 80E of the Act, then TCS shall be collected at reduced rate of 0.5% on the amount in excess of Rs. 7 Lakh in any financial year.
Q.Is there any relaxation on remittances made for pursuing any education abroad?
Ans.The above relaxation is applicable only in case of loan taken from financial institution as defined u/s 80E and not from the loan taken from non-approved financier or remittances from own source of funds.
Q.What are the provisions applicable on Overseas Tour Program Package under the newly introduced sub-section (1G) of Section 206C?
Ans. Every seller of an overseas tour program package is required to collect TCS from the buyer at the time of debiting the amount payable or receipt of such amount by any mode, whichever is earlier at the rate of 5%. It is to be noted, that there is no minimum threshold prescribed for overseas tour package and thus, TCS is to be collected for any amount being remitted by the buyer. Such TCS would be collected on the amount including GST
TCS would not be collected by the authorized dealer on foreign remittances for Overseas Tour Program Package where seller of the package has already collected TCS from the buyer.
Q. Whether TCS is applicable on all foreign remittances?
Ans. No, TCS will be applicable only on the remittances made under LRS Scheme of RBI. Remittances other than LRS such as remittances by non-individuals, remittances for payment of import of goods or services, etc. are not subject to TCS provisions.
Q. Whether GST will be applicable on TCS collected under the above section?
Ans. No. CBIC has clarified through the Corrigendum to Circular No. 76/50/2018-GST dated 31st December2018.
Q.What would be rate of TCS in case of non-submission of PAN/Aadhar?
Ans. In case of non-submission of PAN/Aadhar, TCS rate would be 10% instead of 5% under LRS and overseas tour program package. However, in case of remittances made under LRS for the purpose of education abroad, TCS would be collected at 5% in case of non-submission of PAN/Aadhar.
However, it is to be noted that it is mandatory for an Individual under FEMA regulations to provide PAN for making any remittances under LRS scheme.
Q.Is there any relaxation in TCS rates till 31.03.2021 due to situation of COVID-19?
Ans. No relaxation has been provided on TCS rates under Section 206C(1G). Hence, it needs to be collected at the specified rate of 5% or 0.5%, as the case may be where PAN/Aadhar is provided by the buyer and in case of non-submission of PAN/Aadhar, TCS would be collected at the rate of 10% or 5% as the case may be.
Q.What are the exclusions for the applicability of Section 206C(1G)?
Ans. The liability to collect TCS under LRS or overseas tour program package will not be applicable in case of below categories of buyer:
(i) liable to deduct tax at source i.e TDS under any other provision of this Act and has deducted such amount;
(ii) the Central Government, a State Government, an embassy, a High Commission, a legation, a commission, a consulate, the trade representation of a foreign State, a local authority as defined in the Explanation to clause (20) of section 10 or any other person as the Central Government may, by notification in the Official Gazette, specify for this purpose, subject to such conditions as may be specified therein.
It is to be noted that public sector undertakings, government companies are not excluded from the scope of section and provisions of this sub-section would be applicable on them.
Filing of CSR-1 with MCA for CSR funding
*The Government of India has come out with a new registration for NGOs who are undertaking or desirous of undertaking CSR activities on behalf of the companies.
*Such registration is to be taken by filing Form CSR-1 electronically on the MCA portal.
*This registration can be taken by NGOs with effect from April 1, 2021.
*Form CSR-1 shall be signed and submitted electronically and verified by a practising CA or CS or Cost Accountant.
*On application, the MCA portal will automatically generate a unique CSR registration number
*CSR funding will be available only to those NGOs that are registered with MCA.
Documents for filing Form CSR-1
1. Copy of PAN Card of the NGO
2. Mail ID and Mobile Number
3. Details of Governing Body Members
4. Copy of Registration Certificate
5. Digital Signature of the Authorised Person with his PAN Number
Following type of NGO’s are eligible to file Form CSR-1 on MCA Portal for getting CSR Funding
(a) a company established under section 8 of the Act, or a registered public trust or a registered society, registered under section 12A and 80 G of the Income Tax Act, 1961 (43 of 1961), established by the company, either singly or along with any other company, or
(b) a company established under section 8 of the Act or a registered trust or a registered society, established by the Central Government or State Government; or
(c) any entity established under an Act of Parliament or a State legislature; or
(d) a company established under section 8 of the Act, or a registered public trust or a registered society, registered under section 12A and 80G of the Income Tax Act, 1961, and having an established track record of at least three years in undertaking similar activities
“Corporate Social Responsibility (CSR)” means the activities undertaken by a Company in pursuance of its statutory obligation laid down in section 135 of the Act in accordance with the provisions contained in these rules, but shall not include the following, namely:-
CSR does not Includes foowings
(i) activities undertaken in pursuance of normal course of business of the company: Provided that any company engaged in research and development activity of new vaccine, drugs and medical devices in their normal course of business may undertake research and development activity of new vaccine, drugs and medical devices related to COVID-19 for financial years 2020-21, 2021-22, 2022-23 subject to the conditions that-
(a) such research and development activities shall be carried out in collaboration with any of the institutes or organisations mentioned in item (ix) of Schedule VII to the Act;
(b) details of such activity shall be disclosed separately in the Annual report on CSR included in the Board’s Report;
(ii) any activity undertaken by the company outside India except for training of Indian sports personnel representing any State or Union territory at national level or India at international level;
(iii) contribution of any amount directly or indirectly to any political party under section 182 of the Act;
(iv) activities benefitting employees of the company as defined in clause (k) of section 2 ofvthe Code on Wages, 2019 (29 of 2019);
(v) activities supported by the companies on sponsorship basis for deriving marketing benefits for its products or services;
(vi) activities carried out for fulfilment of any other statutory obligations under any law in force in India; As per this notification from 01 April 2021 onwards, every entity, covered under sub-rule
(1), who intends to undertake any CSR activity, shall register itself with the Central Government by filing the Form CSR-1 electronically with the Registrar. On successfulsubmission of Form CSR-1, a unique CSR Registration Number shall be generated by system automatically.
Important points regarding filing of Form CSR-1
*Form CSR-1 can be filed on MCA portal with effect from April 1, 2021
*Where the entity (Trust/ Society/ Section 8 Company) is established by any company or group of companies: Maximum 5 CIN of such companies can be provided in the Form
*Email ID of the entity shall be provided in Form CSR-1. The email-id shall be verified by One Time Password (OTP)
*The facility of sending OTP shall be enabled only after successful pre-scrutiny of the Form CSR-1.
*OTP can be sent to email ID against one form for maximum 10 times in a day. OTP shall be valid for 30 minutes. In case of failure, you need to download a fresh form on the same day or try OTP next day.
*Details of Directors/ Board of Trustees/ Chairman/ CEO/ Secretary/ Authorised representative (AR) of the entity need to be provided in the form. It should be ensured that DIN or PAN of the above is valid and associated with the entity.
*Maximum 10 rows shall be available for entering the particulars of Directors/ Board of Trustees/ Chairman/ CEO/ Secretary/ AR of the entity.
Mandatory attachments:
1.Copy of Registration Certificate of the entity and
2.Copy of PAN of the entity
But, the following further information/ documents should be kept ready in hand before filing Form CSR-1: -
1.Email ID of the NGO
2.Trust deed of Trust/ Registration Certificate of Society/ Registration Certificate of Section 8 Company
3.Copy of letter granting exemption under section 12A of the Income Tax Act
4.Copy of letter granting registration under section 80G of the Income Tax Act
5.Audited Financial Statements of immediately preceding three financial years
6.Project Report showing activities undertaken by the NGO in the earlier years
7.DIN/PAN of the Director of section 8 company/ Board of Trustees of the trust/ Chairman or secretary of the society
8.Email ID of above office bearers
9.Copy of resolution authorizing the person by the entity to sign on behalf of the entity.
10.Digital Signature of person authorized on behalf of the entity to sign the Form CSR-1
11.Engagement Letter or Authorisation Letter in favour of CA or CS or Cost Accountant who shall verify the form.
12.Digital Signature of CA/CS/Cost Accountant who shall verify the Form CSR-1.
Who shall sign the Form CSR-1
The Form CSR-1 shall be digitally signed by: -
1.In case of Section 8 Company: - any director who is not disqualified under provisions of Companies Act, 2013
2.In case of Registered Public Trust: - One of the Trustee/ CEO
3.In case of a Registered Society: - Chairman/ CEO/ Secretary
4.In case of an entity established under an Act of Parliament or State Legislature: - Authorised representative on their behalf
It shall also be ensured that the Form is digitally verified by a Chartered Accountant/ Company Secretary/ Cost Accountant in full time practice.
How to download Form CSR-1
Form CSR-1 may be downloaded from the MCA portal by following the steps as below: -
Visit the MCA portal by clicking the above link: - http://www.mca.gov.in/MinistryV2/companyformsdownload.html
Scroll down page till you find “incorporation services”.
Download the Form with or without instruction in zip format.
Open the zip file.
Form CSR-1 will be available in fillable PDF form.
Is Filing of Form CSR-1 compulsory
*Every entity (NGO) as stated above, who intends to undertake any CSR activities, shall register with the Central Government by filing Form CSR-1 electronically with the Registrar, with effect from 1st day of April, 2021.
*Thus, filing of Form CSR-1 is compulsory. However, the above provision shall not affect the CSR projects approved before 1st April, 2021.
*Form CSR-1 shall be signed and submitted electronically by the entity and shall be verified digitally by a CA or CS or Cost Accountant in practice.
*On submission of Form CSR-1 on the MCA portal, a unique CSR registration number shall be generated by the system automatically.
1. On which type of Assessee section 194Q applies?
Ans. Any person, being a buyer whose total sales/gross receipts/turnover from the business carried on by him exceed 10 crore rupees during the F.Y. immediately preceding the F.Y. in which the purchase of goods is carried out, not being a person, as the Central Government may, by notification in the Official Gazette, specify for this purpose, subject to such conditions as may be specified therein.
and who is responsible for paying any sum to any resident (i.e. seller) for purchase of any goods of the value or aggregate of such value exceeding fifty lakh rupees in any previous year.
2. What will be Rate of TDS?
Ans. TDS shall be deducted at an amount equal to 0.1 % of such sum exceeding 50 lakh rupees as income-tax, if the seller has furnished his PAN or Aadhaar, otherwise, the tax shall be deducted at the rate of 5%.
3. Time of Deduction of TDS?
Ans. At the time of credit of such sum to the account of the seller or at the time of payment thereof by any mode, whichever is earlier.
4.Wheter section 194Q applies if any sum referred to in sub-section (1)of Sec.194 is credited to any account, whether called "suspense account" or by any other name, in the books of
account of the person liable to pay such income?
Ans. Yes, the said section will be applicable as such credit of income in Suspens a/c or any other a/c shall be deemed to be the credit of such income to the account of the payee.
5. On Which transaction provision of the section 194Q not applicable?
Ans. The provisions of this section shall not apply to a transaction on which
(a) tax is deductible under any of the provisions of this Act like sec. 194O; and
(b) tax is collectible under the provisions of section 206C other than a transaction to which sub-section (1H) of section 206C applies.]
6.IS the provision is applicable on transactions carried through various Exchanges:(Stock exhanges and clearing corporations)?
Ans. No, Since it has been clarified vide Guidelines under section 194Q of the Income-tax Act, 1961 - dated 30.06.2021 vide Circular No. 13 of 2021 on Point no 4.1.
https://www.incometaxindia.gov.in/communications/circular/circular_13_2021.pdf
7.Wheter the provision of sec 194Q Applicable on payment or credit made before 30th June2021?
Ans. The provision of this sub-section shall not apply on any sum credited or paid before 1 st July 2021. If either of the two events had happened before 1st July 2021 , that transaction
would not be subjected to the provisions of section 194Q of the Act.
Hence, if a person being buyer has already credited or paid fifty lakh rupees or more up to 30th June 2021 to a seller, the TDS under section 194Q shall apply on all credit or payment
during the previous year, on or after I st July 2021 , to such seller.
8.Whether non-resident can be buyer under section 194Q of the Act?
Ans. It is clarified that the provisions of section 194Q of the Act shall not apply to a non-resident whose purchase of goods from seller resident in India is not effectively connected with the permanent establishment of such non resident in India.
For this purpose, "permanent establishment" shall mean to include a fixed place of business through which the business of the enterprise is wholly or partly carries on.
9.Whether tax is to be deducted when the seller is a person whose income is exempt?
Ans. No, as It has been clarified that the provisions of Section 194Q of the Act shall not apply on purchase of goods from a person, being a seller, who as a person is exempt from income tax under the Act (like person exempt under section 10) or under any other Act passed by the Parliament (Like RBI Act, ADB Act etc.).
Similarly, with respect to sub-section (1 H) of section 206C of the Act, it is clarified that the provisions of this sub-section shall not apply to sale of goods to a person, being a
buyer, who as a person is exempt from income tax under the Act (like person exempt under section 10) or under any other Act passed by the Parliament (Like RBI Act, ADB Act etc.).
The above clarifications would not apply if only part of the income of the person (being a seller or being a buyer, as the case may be) is exempt.
10.Whether tax is to be deducted on advance payment?
Ans. Yes, as it has been clarified that the provisions of section 194Q of the Act shall apply to advance payment made by the buyer. It is clarified that since the provisions apply on payment or credit whichever is earlier, the provisions of section 194Q of the Act shall apply to advance payment made by the buyer to the seller.
11.Whether provisions of section 194Q of the Act shall apply to buyer in the year of incorporation?
Ans. No, as It is clarified that under section 194Q of the Act a buyer is required to have total sales or gross receipts or turnover from the business carried on by him exceeding
10 crore rupees during the financial year immediately preceding the financial year in which the purchase of good is carried out.
Since this condition would not be satisfied in the year of incorporation, the provisions of section 194Q of the Act shall not apply in the year of incorporation.
11.How the APPLICATION OF SECTION-194O, 206C(1H) & 194Q?
Ans. *If TDS Deducted By E-Commerce Operator U/S 194O, Then Transaction Will Not Be Subjected To TDS U/S 194Q
*If Transaction Is Both Within The Purview Of 194O & 194Q, Then The Tds Will Be Deducted U/S 194O & Not 194Q.
*If Transaction Is Both Within The Purview Of 194O & 206C(1H), Then The TDS Will Be Deducted U/S 194O & Not 206C(1H).
*If Transaction Is Both Within The Purview Of 194Q & 206C(1H), Then The TDS Will Be Deducted U/S 194Q & Not 206C(1H).
12.Whether Section-194Q Applies If Buyer’s Turnover In Preceding Year Is Rs 10 Crore Or Less ?
Ans. If Turnover From Business Carried On By Buyer Exceeds Rs 10 Crore Then Section-194Q Will Be Applicable. Non Business Income Will Not Be Considered In The Ten Crore Limit.
13.Wheter TDS u/s 194Q is required to be deducted on GST Component?
Ans. Accordingly with respect to TDS under section 194Q of the Act, it is clarified that when tax is deducted at the time of credit of amount in the account of seller and in terms of
the agreement or contract between the buyer and the seller, the component of GST comprised in the amount payable to the seller is indicated separately, tax shall be deducted under section 194Q of the Act on the amount credited without including such GST.
However, if the tax is deducted on payment basis because the payment is earlier than the credit, the tax would be deducted on the whole amount as it is not possible to identity that
payment with GST component of the amount to be invoiced in future.
14. How the treatment of Purchases return to be made for section 194Q?
Ans. Further, with respect to purchase return it is clarified that the tax is required to be deducted at the time of payment or credit, whichever is earlier. Thus, before purchase return happens, the tax must have already been deducted under section 194Q of the Act on that purchase. If that is the case and against this purchase return the money is refunded by the seller, then this tax deducted may be adjusted against the next purchase against the same seller.
No adjustment is required if the purchase return is replaced by the goods by the seller as in that case the purchase on which tax was deducted under section 194Q of the Act has
been completed with goods replaced.
15.Is section 194Q applicable to the purchase of capital goods?
Ans. Yes, section 194Q applies to purchase of all goods whether on capital or on revenue account.
16.Whether TDS to be deducted on the purchase of immovable property by a developer?
Ans. Goods' means every kind of movable property subject to certain exceptions and inclusions. Thus, the immovable property shall not be treated as 'goods'. Consequently, the TDS shall not be deducted from the purchase of immovable property by a developer.
17.Whether TDS is liable to be deducted on purchase of Jewellery not connected with business?
Ans. In section 194Q, there is no condition that the purchases should be connected with the business only. Thus, if a person is falling within the definition of the buyer, tax is required to be deducted even
if such purchase is not connected with the business carried on by him Jewellery, being a movable property, is covered within the term goods. There is no specific exclusion under Section 194Q for deduction of TDS on purchase of jewellery. Thus, the tax
shall be deductible on purchase of jewellery if other conditions are also fulfilled.
18.Whether additional, allied and out-of-pocket expenses form part of the purchase value of goods?
Ans. Where these expenses have been reflected in the purchase invoice itself, it should form part of purchase value. If they are charged through a separate invoice, it should not form part of purchase value.
19.Whether tax to be deducted on the purchase of goods by one branch from another?
Ans. NO, Since TDS under this section is required to be deducted by any person, being a buyer, responsible for making payment to the seller for the purchase of goods. Thus, the existence of two distinct parties as 'seller' and 'buyer' is a pre-requisite to construe a transaction as a purchase. The condition of purchase is not fulfilled in the context of branch transfer.
Therefore, the provisions of this section shall not apply in the case of branch transfers.
20.Whether buyer shall be treated as assessee in default if the seller pays the tax due on the income declared in the return of income?
Ans. Section 201 of the Income-tax Act provides that a deductor, who fails to deduct tax at source, is not deemed to be in default if the payee has considered such amount while computing income in the return and has paid the tax due on such declared income. The deductor will have to obtain a certificate to this effect from a Chartered Accountant in Form No. 26A and submit it electronically.
Thus, the buyer shall not be deemed as assessee-in-default if the seller has taken into account the purchase amount while computing his income and has paid the tax due on the income declared in the return.
21. If the seller has multiple units, whether purchases made from different units need to be aggregated?
Ans. In other words, if different units of the seller are under the same PAN or Aadhaar number, the amount paid or payable to all such units shall be aggregated to compute the limit of Rs. 50 Lakhs.
22.In which cases Sec 1 94Q is not applicable?
Ans. The provisions of this section shall not apply to a transaction on which—
(a) tax is deductible under any of the provisions of this Act (Actual deduction is not required it is only tax is deductible) ; and
(b) tax is collectible under the provisions of section 206C other than a transaction to which sub-section (1 H) of section 206C
i.e if the tax collected U/s 206(1H) – Still the Provisions of Sec 194Q is applicable irrespective of tax collected, provided all the conditions satisfied U/S 194Q.
if the tax collected U/s 206C – then the Provisions of Sec 194Q is not applicable.
If the tax deductible U/s 194Q – then the provisions of Sec 206(1H) not applicable. (Sec 206(1 H) not applicable, if the buyer is liable to deduct tax at source under any other provision of this Act on the goods purchased by him from the seller and has deducted such amount).
(c) Not applicable in case of seller is Non Resident (i.e Seller must be resident and there is no restriction on buyer).
23.From which date the provisions of Sec 194Q Applicable?
Ans. The provision of Sec 194Q notified in Finance Act, 2021 and applicable from 01st July 2021.
24.What are the consequences of not deducting or not depositing TDS?
Ans. As per sec 40(a)(ia), if TDS is not deducted or Deducted but not deposited then 30% of the amount on which TDS is to be deducted and deposited will be added to the Income of that person.
However on payment of such TDS in the subsequent year, the 30% of such amount added back in the previous is allowed as deduction in the year in which Tax deducted is paid.
25.Is this applicable for all types of assesses like individuals and firms?
Ans. The provisions are applicable to all types of assessees whoever satisfies the definition of buyer. At present, there are no exclusions made.
26.Is it applicable for the goods alone or includes services also?
Ans. The new provision is applicable on purchase of goods only and not services.
27. Which is the base year for the threshold limit of Rs.50 lakhs?
Ans. Limit of 50 lakhs is considered in each financial year. The 50 lakhs exemption is for one financial year for a single seller.
28.Transfer of goods on testing purpose?
Ans. Section 194Q provides that buyer shall deduct TDS on purchase of goods. Considering that the goods are transferred for the purpose of testing and no purchase made, this provision will not apply.
In connection to the new provision (S.194Q) relating to TDS with effect from 01 July 2021 on the goods purchased by you from Supplier !
Section 194Q shall be applicable if the following conditions are fulfilled:
Gross Turnover of your enterprise exceeds Rs. 10 Crores for FY 2020-21;
AND
Aggregate value of purchases made from Supplier exceeds Rs. 50 lakh in the FY 2021-22;
Then TDS @ 0.1 % shall be deducted at source.
The above TDS provision shall co-exist with TCS provisions and is tabulated below.
For Customer reference
Particulars | Turnover of customer | Value of Transaction | Trigger | Responsibility |
Scenario 1 | Exceeds Rs. 10 crore | Exceeds 50 Lacs | TDS provision (S.194Q) | Customer |
Scenario 2 | Exceeds Rs. 10 crore | Less than 50 lacs | No Trigger | Not Applicable. |
Scenario 3 | Does not exceed Rs. 10 crores | Exceeds 50 Lacs | TCS provision (S.206C(1H)) | Supplier |
Scenario 4 | Does not exceed Rs. 10 crores | Less than 50 Lacs | No Trigger | Not applicable |
For Supplier reference
Particulars | Turnover of Supplier | Value of Transaction | Trigger | Responsibility |
Scenario 1 | Exceeds Rs.10 crore | Exceeds 50 Lacs | TCS Provision S.206C(iH) | Supplier |
Scenario 2 | Exceeds Rs. 10 crore | Less than 50 lacs | No Trigger | Not Applicable. |
Scenario 3 | Does not exceed Rs. 10 crores | Exceeds 50 Lacs | No Trigger | Not Applicable |
Scenario 4 | Does not exceed Rs. 10 crores | Less than 50 Lacs | No Trigger | Not applicable |
Primary Responsibilty is on Customer for TDS u/s 194Q. If TDS provision not applicable then TCS provisons need to apply..
Further, as per new provision (S. 206CCA) with effect from 01 July 2021, tax shall be collected at higher rate where the customer have not filed income-tax return for preceding two assessment years.(I.e. for AY 2019-20 and AY 2020-21.)
*Introduced by Finance Bill 2021, inserted two new section 206AB & 206CCA. The said section provide for higher rate of TDS/TCS to be applied for the non-filers of income tax return.
* for “NON-FURNISHING OF PAN”, TDS/TCS was already deducted or collected at higher rates u/s 206AA & 206CC respectively.
206AA Tax is required to be deducted at:
(i) at the rate specified in the relevant provision of this Act;
(ii) at the rate or rates in force; or
(iii) at the rate of 20%:
206CC Tax is required to be collected at:
(i) at twice the rate specified in the relevant provision of this Act;
(ii) at the rate of 5%:
Finance bill 2021 Introduced 2 sections 206AB and 206CCA in the line of these sections
section 206AB:
Applicability on specified person as defined in the provisions.
206AB(1)TDS rate: To be applied if the amount is paid or credited to a specified person being higher of the below rates: -
*At twice the rate specified in the relevant provision of the Act; or
*At twice the rate or rates in force; or
*At the rate of 5%.
Non applicability: The provision of sub-section (1) of section 206AB does not apply in case where tax is required to be deducted under 1942, 192A, 194B, 194BB,194LBC or 194N.
Sec. 206AB(2): provides that where both the section 206AA & 206AB are applicable i.e., the specified person has not submitted PAN as well as not filed the Income tax return, the tax
shall be deducted at higher rate amongst the both sections respectively.
Specified Persons” Meaning: who satisfies the following conditions:
*A person who has not filed the Income Tax Return for two previous years immediately prior to the previous year in which tax is required to be deducted;
*The time limit of filing return of income under sub-section (1) of section 139 is expired; and
*The aggregate tax deducted at source or tax collected at source, as the case maybe, is Rs. 50,000 or more in each of the two previous years.
*However, the specified persons shall not include a Non-resident who does not have Permanent Establishment (PE) in India.
Section 206CCA
206CCA(1): Rate of TCS
(i) at twice the rate specified in the relevant provision of the Act; or
(ii) at the rate of 5%.
Further, the sub-sections (2) & (3) of section 206CCA are similar to the provision of sub-sections (2) & (3) of section 206AB as explained above.
Startup India, initiated by the Government of India is a flagship initiative launched in January 2016. This initiative is taken by the government of India to boost the ecosystem for supporting innovation and startups in India. Through this scheme, the government is looking forward to driving sustainable economic development and enhances employment opportunities in India. The government of India recently announced Startup India action plan to meet the requirements of this initiative.
Startup means an entity, incorporated and registered in India
An entity shall cease to be a Startup,
Benefits of Startup India Registration
Tax Exemption
Once your company gets Startup recognition you may get exemption on capital gain and investment above fair market value for 3 consecutive years. You have to apply for Income Tax Exemption benefits available u/s 80IAC and U/s 56(2) viiib relief for Angel Tax relief (Tax on Share Premium).
Easier Public procurement Norms
Public procurement refers to the process by which governments and state-owned enterprises purchase goods and services from the private sector. As public procurement utilises a substantial portion of taxpayers' money, governments are expected to follow strict procedures to ensure that the process is fair, efficient, transparent and minimises wastage of public resources.
In many Tenders, Govt. and PSU gives relaxation for Startups to Participation in public procurement job through tenders. Relaxation in Prior experience, EMD or Turnover criteria.
Govt. Funding Opportunity
Government allotted Rs 10,000 crores funds for investment into startups through Alternate Investment Funds. SIDBI is managing this fund. Startups can apply under this quota.
Participate in various Govt. Scheme
Government issues day to day various schemes for startup to participate. For example, sustainable finance scheme, bank credit facilitation, raw material assistance, etc.
Participate Startup Grand Challenges
Many reputed companies encourage startup entrepreneurs for their solutions. Here gives an opportunity for startup to participate in the scheme and win funding. Recently, Whatsapp, Mahindra, Aditya Birla, many more companies organising such financial assistance scheme with Startup India.
IPR Govt. Fee Concession
In IPR Registration 50%-80% Govt. fee concession available. Example in Trademark, Patent application.
Self Certifications
The process of conducting inspections shall be made more meaningful and simple! Startups shall be allowed to self-certify (through the Startup mobile app) with 9 labour and environment laws. In case of the labour laws, no inspections will be conducted for a period of 3 years.
Startups may be inspected on receipt of credible and verifiable complaint of violation, filed in writing and approved by at least one level senior to the inspecting officer:
The Startups may self-certify compliance in respect of following Labour Laws:
Other Constructions Workers’ (Regulation of Employment & Conditions of Service) Act, 1996
The Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979
The Payment of Gratuity Act, 1972
The Contract Labour (Regulation and Abolition) Act, 1970
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
The Employees’ State Insurance Act, 1948
Easy Winding up
Windup company in 90 days under insolvency & Bankruptcy code 2016.
Connect Networks
Search and find various startups and connect with them. Get Mentorship, connect with investors and industries.
GEM Portal Seller Registration and Bid
Startup India (DIPP) require for registration at GEM Portal of govt. https://gem.gov.in/
Documents Requirement for Startup India Registration
How to Apply for Tax Exemption Certificate U/s 80-IAC of Income Tax Act
As per Revised Rule vide Notification dated 11th April '2018 issued by Ministry of Commerce and Industry ( Department of Industrial Planning and Promotion) -
A Startup being a Private Limited Company or Limited Liability Partnership (LLP) incorporated after 1st April 2016 may, for obtaining a certificate for the purpose of section 80-IAC of the Income Tax Act, make an application in Form-I along with documents specified theirein to the Board and the Board may after calling for such documents or information and making such enquires, as it may deem fit -
Either
i) Issue Tax Exemption Certificate.
or
ii) Reject the application by providing reasons.
How to Apply for Tax Exemption Certificate U/s 56 (2) (viib) of Income Tax Act (Angel Tax)
As per Revised Rule vide Notification dated 11th April '2018 issued by Ministry of Commerce and Industry ( Department of Industrial Planning and Promotion) and subsequently amended on 19th February 2019-
ELIGIBILITY CRITERIA:-
A Startup being a Private Limited Company or LLP recognised as Startup shall be eligible to apply for approval for the purpose of Section 56(2)(viib) of the Income Tax Act ( popularly known as ANGEL TAX), if the following conditions are fulfilled:-
(i) the agreegate amount of paidup share capital and share premium of the startup after the proposed issue of share capital does not exceed Rs 25 crores.
(ii) the investor/proposed investor, who proposed to subscribe to the issue of share of the startup has
a) the average returned income of the Rs 25 Lakhs or more for the proceeding three financial years, or
b) the networth of Rs 2 Crores or more as on the last date of the proceeding financial year, and
(iii) the startup has obtained a report from a merchant banker specifying the fair market value of share in accordance with rule 11UA of the Income Tax Rule, 1962.
(iv) Benefit available for 10 years.
APPLICATION & APPROVAL PROCESS:-
The application for approval under this para shall be made in Form-2 to the Board and shall be accompanied by documents specified therein.
And Board may after calling for such documents or information and making such enquires, as it may deem fit -
Either
i) Grand approval for the purpose of Section 56(2)(viib) of the Act, specifying the relevant details, including details of investors, amounts of premium on which shares are to be issued and the latest date by which the shares are to be issued;
or
ii) Decline to grant the said approval after providing reasons.
Blog by aruna Jain
Indian Income Tax Act 1961 gives you some deductions under Chapter VIA to avail tax relaxation in Income Tax. In which 80C is the most popular and well known section. So here in this article we will discourse point to point about Section 80C.
How much deduction can you get-
Maximum Rs. 1,50,000
How can you avail 80C deduction-
1- By make Investment in-
(i) Equity Linked Saving Scheme (ELSS)
* Lock in period of 3 Years.
* Return benefits are Tax-Free to the limit of 1 Lakh.
(ii) Unit Linked Insurance Plans (ULIPs)
* Lock in period of 3 to 5 Years.
* Return benefits are also Tax-Free u/s 10(10D)
(iii) Life Insurance Premium
* Premium of Taxpayer & his dependent.
2- By Pay for-
(i) Children’s Tuition Fees
(ii) Home Loan (Principal Only) Repayment
3- By Save money in-
(i) Sukanya Samridhi Yojana (SSY)
* Lock in period is 18/21 Years.
* Minimum Rs. 1,000 to Maximum Rs. 1,50,000 per annum.
* Interest received towards the scheme is also Tax-Free.
(ii) Public Provident Fund (PPF)
* Lock in period of 15 Years.
* Extendable by 5 Years.
* Partial withdrawable after 7 Years.
* Interest is also Tax-Free.
(iii) Employee’s Provident Fund (EPF)
* Minimum tenure 5 Years.
* Minimum salary Rs. 15,000 per month.
* Interest is Tax-Free after 5 years or retirement.
(iv) National Saving Certificate (NSC)
* Lock in period of 5 Years.
* Interest is Taxable.
(v) Senior Citizen Saving Scheme (SCSS)
* Lock in Period of 5 Years.
* Interest is Taxable.
(vi) 5 Year Tax Saving Fixed Deposits
* Lock in Period of 5 Years.
* Interest is Taxable.
Benefits of 80C-
See, saved and invested money in above schemes is not only your savings for the future but also you will get tax relaxation in present tax period. So all we can say that you have Laddoos in both of your hands.
Who can avail 80C benefits-
Every taxpayer who have Invested, Saved in or Paid for above mentioned points, can avail benefits of section 80C deduction.
In this article we discuss about the ways a person or Individual can save the within the Law bracket/ Tax planning ways
1. House rent deduction
If your are employee and you are getting HRA then this is one of the way you can save your tax
How to calculate HRA Exemption 10(13A)
The deduction available is the least of the following amounts:
a. Actual HRA received;
b. 50% of [basic salary + DA] for those living in metro cities (40% for non-metros); or
c. Actual rent paid less 10% of basic salary + DA
If you do not get HRA but pay rent, you can claim a deduction under Section 80GG up to maximum Rs 60,000 per Annam i.e 5000 per Month.
2.Interest on your Home loan:
If you have taken the loan for purchase/construction of a house and the construction of the house must be completed within 5 years from the end of financial year of the house then the Interest paid on such loan can be claimed U/s 24(b) maximum of Rs. 2 Lakh.
Benefit of Home loan
1. Interest benefit u/s24(b) Max. Rs. 2 Lakh
2. Principal payment deduction U/s 80C Max. Rs.1.5 Lakh
3.Interest in saving Bank:
Interest on saving account Exempt up to Rs.10000 for individual as per section 80TTA and senior citizen maximum Rs. 50000 for Interest on saving and FD account as per section 80TTB.
4.Medical insurance:
Any individual paying medical insurance can get deduction u/s 80D of Rs. 25000 of individual and for senior citizens Maximum Rs. 50,000. i.e maximum 75000 for self and parents for person contributing in medical insurance.
5. National pension scheme(NSC):
As per section 80CCD(1B) an individual can avail deduction by contributing in NPS of Maximum Rs. 50000. The NPS allows you to invest in equity and debt pension funds and build a retirement corpus. Maturity can be taken on 60age. This is over and above 1.50Lakh.
6.Contribution in section 80C different plans:
Maximum limit 1.5 Lakh
*FD for 5 Years(Interest is taxable).
*PPF- Tenure is 15 years, Interest on PPF is tax free.
*ELSS Fund: Lock in period is 3 year.
*NSC:
*Home loan principal payment
*LIC
* Tuition fee:I.e school fee
*EPF:
*Senior citizen saving scheme: Tenure is for 5 years and is available to those above 60 and interest on that is taxable.
*Sukanya Samriddhi Yojana: Parents of a girl child below the age of 10 can get this deduction, Maximum tenure is 21 year or until the girl marries after turning 18.Interest is tax free.
7. Donation:
For certain government NGO it has 100% dedution of your contribution
for other NGO this is 50% subject to maximum 10% of Your adjusted total income
8. Higher education loan: as per sec. 80E Interest on loan taken for Higher education is qualified for deduction from Taxable income. Maximum period is 8 year.
9.Interest on NRE Account: Interest on NRE account either from saving or FD is not taxable in India. A NR can take loan from other country at cheaper rate and can inverse in India to earn income more.
His earning is taxable in the country in this his income is taxable.
10. Donation to Political party:
As per section 80GGC donation to political party qualifies for 100% Deduction. No maximum limit is there.
11. Section 80CCG Rajiv gandi equity saving scheme:
If a person having Total income less than 12 lakh P.A.is allowed an additional deduction by investing first time in specified securities and mutual funds. Investor should be first time investor is shares and MF.
12. Saving of capital Gain Income:
A person can save their tax by investing in schemes made by government of depositing the capital gain or total consideration in different ways.
Bird eye view
Considering you are contributing maximum
Standard deduction : 50000/-
Section 80C : 150000/-
Section 80CCD(1B) : 50000/-
Section 80D : 75000
section 24(1B) : 200000
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