Half Day Workshop on ESI and PF

Dear All,

We have organised a half day workshop on ESI and PF on the 3rd of December, 2011, Saturday. The particulars of the Workshop are in the brochure attached herewith.

The Venue : The Bell Hotel,

No. 88, Next to City Railway Station,

Bangalore – 560 023

Delegate Fee: Rs. 1250 per delegate

Mr. Ram K. Navaratna, Chief Executive of HR resonance and a proficient HR Consultant, is the speaker of the workshop, whose credentials you will find in the attached brochure.

The highlight of the workshop is the interactive session with the retired Regional Director, ESI & the retired Sub-Regional Director, PF.  The audience will be given the opportunity to interact with them, where you may voice your queries and doubts and seek clarification thereof.

Please confirm your participation by sending an e-mail to call@balakrishnaconsulting.com or via phone, latest by 30th November, 2011. Those confirming by phone may call on 99452-27855 or 99165-09425.

We hope to see a large participation, so that all may reap the benefits of the seminar.

For broucher click http://www.box.com/shared/2ecgvrkguj0l0h7khvqv

Best Regards,

Team Balakrishna Consulting LLP

Removing Password from a PDF File – Especially pdf file downloaded from Income Tax e-filing portal

Removing Password from a PDF File

You may be getting password protected PDF file from various sources like Bank Statement, Credit card Statement, Income Tax Filed Ack etc. You may be wondering how to remember or remove password from PDF file.

There’s a free  Windows Utility called BeCyPDFMetaEdit (download)  that can help you remove passwords from PDF Filies without making any other change to the document

Here’s what you need to do:

1. Launch the program and it will ask you for the location of the PDF file.

2. Before you select and open the PDF, change the mode to “Complete Rewrite.”

3. Switch to the Security tab and set the “Security System” to “No encryption.” Click the Save button and your PDF will no longer require a password to open.

Disclaimer- we  do not take any responsibility for any loss to your computer or Data due to download , installation or use of the above mentioned Software. We are by no mean associated with developer of above mentioned  free Windows utility called BeCyPDFMetaEdit.

Source : carocks.wordpress.com

Changes between new PAN Application and old PAN Application

Income Tax Department has amended PAN application Form No 49A and  released new Form No. 49AA.

 The following categories of applicants have to file the application in the new Form 49A notified.

  • Individual who is a citizen of India
  • Hindu undivided family
  • Company registered in India
  • Firm (including Limited Liability Partnership formed or registered in India
  • Association of persons(Trusts) formed or registered in India
  • Association of persons (other than Trusts) or body of individuals or local authority or artificial juridical person formed or registered in India 

The following categories of applicants have to file the application in the new Form 49AA. This form is missing from the Notification.

  • Individuals not being a citizen of India
  • LLP registered outside India
  • Company registered outside India
  • Firm formed or registered outside India
  • Association of persons(Trusts) formed outside India
  • Association of persons (other than Trusts) or body of individuals or local authority or artificial juridical person formed or any other entity (by whatever name called) registered outside India

 The new forms will be applicable from 01-11-2011

Highlights in Instructions or in New Forms 49A

  • Form to be filled in Black Ink preferably earlier it was mandatory.
  • Now Two recent colour photographs will be affixed instead of One pcs.
  • Signature/Left Hand thumb impression should be provided across the photo affixed on the left side of the form.
  • Signature /Left hand thumb impression should be within the box provided on the right side of the form. The signature should not be on the photograph affixed on right side of the form.
  • Abbreviation will not be used in First Name and Last Name.
  • The full name as mentioned in the application will be printed on the PAN Card.
  • Now, Trusts for Date of Creation of Trust Deed. also added in the field of Date of Birth/Incorporation/Agreement/Partnership or trust Deed/Formation of Body of Individuals/Association of Perons.
  • ZIPCODE. In case, a foreign address is provided then it is mandatory to provide Country Name alongwith ZIPCODE.
  • Office address is required in case of Individuals having source of Income as salary [Item No.12].
  • Name of Office and Address is mandatory in case of Firm,company, local Authority and Trusts.
  • Now Country Code is also required alongwith STD Code. (i.e. 91 is Country Code for India.).
  • Telephone Number/Mobile Number is required. Earlier only Telephone Number was required.
  • Application Status updates are sent using the SMS facility on the Mobile Numbers mentioned in the Application Form.
  • In case of ‘Limited Liability Partnership’, the PAN will be allotted in “Partnership Firm” status.
  • It will be mandatory to indicate at least one of source of incomes, as mentioned in the form. In case, the income from Business/Profession is selected by the applicant then an appropriate business profession code should be mentioned. (i.e. Code = 01, Business/Profession = Medical Profession and Business)
  • Name and Address of Representative :- Column No. 1 to 12 will contain details of assessee on whose behalf this application is submitted.
  • KYC Details:- It is mandatory to provide KYC details. Please refer the guideliness issued by SEBI and Prevention of Money Laundering Act for filling these details.

RUPEE EXPORT CREDIT INTEREST RATES

RUPEE EXPORT CREDIT INTEREST RATES

CIRCULAR NO. DBOD.DIR.(EXP.).BC.NO.38 /04.02.001/2011-12, DATED 11-10-2011

Please refer to our Circulars DBOD.Dir.(Exp.).BC.No.94/04.02.001/2009-10 dated April 23, 2010 and DBOD.Dir.(Exp.).BC.No.36/04.02.001/2010-11 dated August 9, 2010 extending the scheme of interest subvention of 2% from April 1, 2010 to March 31, 2011 on pre and post shipment rupee export credit for certain employment oriented export sectors. Banks were also advised vide our Circular DBOD.Dir.(Exp.).BC.No.115/04.02.01/2009-10 dated June 29, 2010 that with the change over to the Base Rate System, the interest rates applicable for all tenors of rupee export credit advances with effect from July 1, 2010 will be at or above Base Rate in respect of all fresh/renewed advances.
2. In this connection, the Government of India has decided to extend interest subvention of 2% on rupee export credit with effect from April 1, 2011 to March 31, 2012 on the same terms and conditions to the following sectors:
i. Handicrafts
ii. Handlooms
iii. Carpet
iv. Small and Medium Enterprises (SMEs)(as defined in Annexure-A)
3. Accordingly, banks may reduce the interest rate chargeable to the exporters as per Base Rate system in the above mentioned sectors eligible for export credit subvention by the amount of subvention available subject to a floor rate of 7%. Banks may ensure to pass on the benefit of 2% interest subvention completely to the eligible exporters.
4. A directive No. DBOD.Dir.(Exp.).BC.No.37/04.02.001/2011-12 dated October 11, 2011 issued in this regard is enclosed (Annexure-B).
5. The procedure for claiming subvention is as follows:
(i) The amount of subvention would be reimbursed on the basis of claim submitted as at the end of respective quarters in the format enclosed.
(ii) The amount of subvention will be calculated on the amount of export credit from the date of disbursement
a. up to the date of repayment; or
b. up to the date beyond which the outstanding export credit becomes overdue.
(iii) The claims should be accompanied by an External Auditor’s Certificate certifying that the claims for subvention of Rs…………….for the respective quarter is true and correct. Settlement of the claim will be done only on receipt of this certificate.
(iv) Claims may be submitted in the enclosed format (Annexure-C) to the Chief General Manager-in-Charge, Department of Banking Operations and Development, Reserve Bank of India, Central Office, 13th floor, Shahid Bhagat Singh Marg, Fort, Mumbai – 400001.
Annexure-A
Definition of SME
Enterprises engaged in the manufacture or production, processing or preservation of goods as specified below:
(i) A micro enterprise is an enterprise where investment in plant and machinery (original cost excluding land and building and the items specified by the Ministry of Small Scale Industries vide its notification No.S.O.1722(E) dated October 5, 2006 does not exceed Rs.25 lakh;
(ii) A small enterprise is an enterprise where the investment in plant and machinery (original cost excluding land and building and the items specified by the Ministry of Small Scale Industries vide its notification No. S.O.1722(E) dated October 5, 2006) is more than Rs.25 lakh but does not exceed Rs.5 crore; and
(iii) A medium enterprise is an enterprise where the investment in plant and machinery (original cost excluding land and building and the items specified by the Ministry of Small Scale Industries vide its notification No. S.O.1722(E) dated October 5, 2006) is more than Rs.5 crore but does not exceed Rs.10 crore.
Annexure-B

Interest Rates on Rupee Export Credit

DBOD.DIR.(EXP.).BC.NO. 37/04.02.001/2011-12, DATED 11-10-2011

In exercise of the powers conferred by sections 21 and 35A of the Banking Regulation Act, 1949, the Reserve Bank of India, being satisfied that it is necessary and expedient in the public interest so to do, in partial modification of directives DBOD.Dir.(Exp).BC. No.93/04.02.001/2009-10 dated April 23, 2010 and DBOD.Dir.(Exp.).BC.No.35 /04.02.001 /2010-11 dated August 9, 2010, hereby notifies as under:
It has been decided to extend the coverage of the interest subvention scheme for the period April 1, 2011 to March 31, 2012 to the following sectors on the same terms and conditions:
1. Handicrafts
2. Handlooms
3. Carpets
4. Small and Medium (SME) (as defined in the Annexure-A)
Annexure-C
Rupee Export Credit for the period from April 1, 2011 to March 31, 2012
Claim for the quarter ended……………
Category of Exporters
Total Rupee export credit granted at or above Base Rate
Amount of subvention claimed (rounded off to the nearest rupee)
(1)
(2)
(3)
(i) Handicrafts

(ii) Handlooms

(iii) Carpet

(iv) Small & Medium Enterprises (SME)*

Total

*As defined in the Annex.
We certify having charged interest rates on the above loans at or above Base Rate by way of Rupee export credit to the eligible exporters as stated in the RBI circular No.DBOD.Dir.(Exp.).BC.No.115/04.02.001/2009-10 dated June 29, 2010 and DBOD.Dir.(Exp.).BC.No.38/04.02.001/2011-12 dated October 11, 2011 during the period ………… to ……………
Dated : _________________

(Name and stamp of Authorised Signatory)
nn
posted by

S V Prakasha
Chartered Accountants
Partner
wwww.balakrishnaandco.com

XBRL filing rules notified

Finally XBRL filing starts from 6th Oct 2011. MCA has finally notified the Companies (Filing of documents and forms in eXtensible Business Reporting Language) Rules, 2011 which will come in force from Oct 6, 2011.

The said rule is available in below link

Click to access notification_XBRL_rules.pdf

MCA has also released e-Forms 23AC-XBRL & 23ACA-XBRL which are available at the following link

http://www.mca.gov.in/XBRL/download_XBRL_eForms.html

S V Prakasha
Chartered Accountant
http://www.balakrishnaandco.com

More high-value deals on I-T radar

Under pressure on the black money issue, the government plans to monitor high-value savings and investments more closely to net tax evaders. High-value share market transactions in the secondary market, insurance premiums, bank accounts and debit card payments may all come under the tax department’s watch.

The finance ministry is debating whether to tweak the limit on property deals to be monitored by the income tax department. The ministry is considering bringing all high-value transactions in these areas under the Annual Information Return (AIR).

As per the Income Tax Act, specified entities are required to furnish AIRs of specified financial transactions recorded by them in a financial year to the income tax authority. The income tax department can detect tax evasion by verifying AIR information with the return filed by a person.

Secondary market transactions of Rs 10 lakh or more in a year, insurance premium of above Rs 1 lakh, debit card payments above Rs 2 lakh, fixed deposits and recurring deposits of over Rs 10 lakh each, and cash deposits of Rs 20 lakh in current accounts are likely to be added to the AIR list, which currently comprises eight items. High-value sales and purchases of property are taken as two items.

“We are considering seven-eight new categories for AIRs. The threshold for new categories in bank transactions may be kept the same as the limit for existing transactions. The idea is to check tax evasion by getting more relevant information,” said a finance ministry official, who did not wish to be identified.

A payment of Rs 1 lakh or more for acquiring shares issued by a company through a public or rights issue is already covered under the AIR. However, for transactions involving sale and purchase of shares in the secondary market, the tax department has to seek information from market regulator Sebi. By bringing such transactions under AIRs, the department will get direct access to the information.

The tax department is also considering changes in information on property deals. Currently, the sale or purchase by any person of immovable property valued Rs 30 lakh or more is reported in AIRs and information on deals between Rs 5 lakh and Rs 30 lakh is sent to tax commissioners by registrars/sub-registrars appointed under the Registration Act.

The ministry is now considering doing away with the need for filing with commissioners and get the information electronically under AIRs. It is debating whether the existing limit of Rs 30 lakh should be reduced or left untouched, taking into account inflation and depreciation in the rupee. When a decision is taken to expand items under the AIR, a notification will be issued to that effect.

The department considered bringing the purchase of gold and luxury cars under the AIR, but dropped the idea because procuring information through third parties would be difficult. It is also likely to leave post office savings schemes out, as the return on these schemes is not “lucrative” now.

Currently, AIRs are furnished by banks, financial institutions, trustees of mutual funds, companies issuing bonds or debentures, companies issuing shares through public or rights issues, registrars or sub-registrars of land or property and the Reserve Bank of India (RBI). It is furnished when the transaction involves cash deposits of at least Rs 10 lakh in a year in a savings account, credit card payments of Rs 2 lakh or more in a year, purchase of mutual fund units of over Rs 2 lakh, payment of a minimum of Rs 5 lakh to buy bonds or debentures, share purchases of Rs 1 lakh or more, purchase or sale of immovable property valued at Rs 30 lakh and above, and payment of Rs 5 lakh or more to buy bonds issued by the RBI.

Source: Business Standard

It is quite common that foreign companies planning to do business in India set up a liaison office for undertaking promotional work as a prelude to actual commercial activities. A liaison office needs prior approval from Reserve Bank of India. Since the liaison office is not permitted to do any commercial activities, it is generally believed that the existence of a liaison office will not generate any taxable income in India.

It may be clarified that where the liaison office creates a permanent establishment or establishes a business connection, the foreign company would become liable to pay tax on the profits, which can be attributed to the liaison office. But if liaison office doesn’t create any of the aforesaid relationship, liaison office will not attract any income tax in India.

In the case of UAE Exchange Centre LLC, [2004] 268 ITR 9 (AAR), while interpreting Tax Treaty between India and UAE, a liaison office was held to be a permanent establishment.
However in a later case of Gutal Trading Est [2005] 278 ITR 643 (AAR), while interpreting the same treaty, liaison office has been held neither to create a permanent establishment nor any business connection, although in both cases liaison offices were carrying on activities strictly in terms of the conditions specified by RBI.

In the above context two more recent cases are worth noting:

In case of IKEA Trading (Hong Kong) Ltd. 308 ITR 422, a Hong Kong based foreign company established a liaison office in India for the purpose of undertaking liasioning activities in connection with purchase of goods from India.

The Authority ruled that since the activities of the liaison office were confined to purchase of goods in India for the purpose of exports, no income accrues or arises or is deemed to accrue or arise in India to the foreign company. Therefore, it is immaterial whether a business connection exists or not.

But in the recent case of Columbia Sportswear Company (AAR No. 862 of 2009), the Authority in its ruling dated 8th August, 2011 virtually took a different view. Referring to the case of IKEA, the Authority observed that what ultimately emerges from that decision is that it is a question of fact to be found as to whether the activities are confined to the purchase of goods in India. If they are not so confined, obviously the question will have to be considered with reference to the facts available in the given case.

It should be kept in mind that a permanent establishment is defined in article 5(1) of the tax treaties as a fixed place of business through which the business of an enterprise is wholly or partly carried on. Then article 5(2) enumerates certain establishments as included in the term “permanent establishment”.

Thereafter, sub-article (3) excludes certain establishments from within the term “permanent establishment”. According to the Authority, a liaison office does create a permanent establishment as per article 5(1) of the tax treaties because it creates a fixed place of business for the foreign company in India.

If this condition, i.e. article 5(1) is satisfied, there is no need to go into the question whether the establishment cannot be brought within the inclusive part of the definition in article 5(2).

Once condition of 5(1) is satisfied, the only enquiry is to see whether the establishment will be excluded by article 5(3). Since the activities of the establishment have to be tested with reference to the activities referred to in article 5(3), it essentially becomes a question of fact in each case whether a permanent establishment will be created or not.

In the light of the various cases discussed above, a conclusion is irresistible that the role of liaison office is very dicey as far as Indian tax law is concerned. A proper care is necessary regarding the activities a liaison office should perform in India. If activities are not properly planned, liaison office may result in creation of a permanent establishment in India.

The author is a senior partner at S S Kothari Mehta & Co
source : http://www.business-standard.com/india/news/can-liaison-office-generate-taxable-income/448049/

Online Filing of Service Tax Return

Hitherto Electronic filing of half yearly service tax return was mandatory for those assessees whose total Service Tax payment including utilization of CENVAT credit in the preceding financial year is Rs. 10 lakh or more.

However with effect from 1-10-2011, electronic filing of service tax returns have been made madatory for all the assessees.

Rule 7 of Service Tax Rules 1994 has been amended to provide for a new sub-rule 3 in the said rule which runs as under:

“(3) Every assessee shall submit the half-yearly return electronically”.

The Full notification is provided here below:

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
*****
Notification No. 43/2011 – Service Tax

New Delhi, the 25th August 2011
Bhadra 3, 1933 (Saka)

G.S.R. 642 (E).- In exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax Rules, 1994, namely :-
1. (1) These rules may be called the Service Tax (Fourth Amendment) Rules, 2011.
(2) They shall come into force on the 1st day of October, 2011.
2. In the Service Tax Rules, 1994, in rule 7, –
(a) in sub-rule (2), the proviso shall be omitted;
(b) after sub-rule (2) as so amended, the following sub-rule shall be inserted, namely:-
“(3) Every assessee shall submit the half-yearly return electronically”.

[F. No. 137/99/2011 – Service Tax]

(Deepankar Aron)
Director (Service Tax)

Note.- The principal rules were notified vide notification No. 2/1994 – Service Tax dated the 28th June 1994, published in the Gazette of India, Extraordinary, Part II, section 3, Sub-section (i), vide number G.S.R. 546(E), dated the 28th June, 1994 and were last amended by notification No. 35/2011 – Service Tax, dated the 25th April, 2011, vide number G.S.R. 343 (E), dated the 25th April, 2011.