Friday, January 7, 2022

Know Top 10 changes in GST Law effective from January 1st, 2022

The Central Board of Indirect Taxes and Customs (CBIC) has notified several changes in GST Law effective from January 1st, 2022. Here are the top 10 changes.

 

1.    New GST Burden on E-Commerce Operators Zomato, Swiggy, Ola, Uber:


On September 17, it was decided at the Goods and Services Tax Council meeting that e-commerce operators be made liable to pay tax on services provided through them namely transport of passengers, by any type of motor vehicles restaurant services or restaurant services provided, with some exceptions This will become effective January 1, 2022, said a statement issued by the Finance Ministry after the GST Council meeting.

 

2.    Correction in inverted duty structure in Footwear &Textile sector:

 

The GST Council decided to introduce GST rate changes from January 2022 in order to correct the inverted duty structure in the Footwear and Textile Sector. All footwear, irrespective of prices will attract GST at 12 percent while barring cotton, all textile products including readymade garments will have GST at the rate of 12 percent.

 

3.    Blocking of GSTR-1 for non-filing of GSTR 3B:

 

From 1st January 2022, the GSTR-1 return filing facility will be blocked if you have not submitted the return in FORM GSTR-3B for the previous two return periods. For example, if a taxpayer has not filed GSTR-3B for October 2021 and November 2021, the GSTR-1 filing facility will be blocked from the 1st January 2022.

 

4.    Rules related to mandatory aadhaar authentication for GST Refund & Revocation     application:

 

 

The Central Board of Indirect Taxes and Customs (CBIC) has notified that Rules related to Mandatory Aadhaar authentication for GST Refund and Revocation application are to be effective from 1 January 2022.

 

5.  GST provision related to communication of details or invoice or debit note to the recipient:

 

Section 109 of the Finance Act, 2021 seeks to amend section 16 of the CGST Act wherein sub-section (2), after clause (a), the clause shall be inserted, namely “(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37.

 

6. Self-assessed tax shall include the tax payable in respect of details of outward supplies:

 

Section 114 of the Finance Act, 2021 seeks to Amend section 75, in sub-section (12), the Explanation shall be inserted, namely “For the purposes of this subsection, the expression “self-assessed tax” shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39.”

 

7. Commissioner empowered to attach provisionally, any property, including bank account:

 

Section 115 of the Finance Act, 2021 seeks to Amend section 83, for sub-section (1), the sub-section shall be substituted, namely “(1) Where, after the initiation of any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner as may be prescribed.

 

8.    No appeal to be filed against section 129(3) order, unless a sum equal to 25% of the penalty is paid:

 

Section 116 of the Finance Act, 2021 seeks to Amend section 107, in sub-section (6), the proviso shall be inserted, namely “Provided that no appeal shall be filed against an order under sub-section (3) of section 129, unless a sum equal to twenty-five percent of the penalty has been paid by the appellant.”

 

9.    Commissioner’s Power to call for information:

 

Section 119 of the Finance Act, 2021 seeks to Substitute of new section for section 151 namely “Power to call for information: The Commissioner or an officer authorized by him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form, and in such manner, as may be specified therein.”


10. Proper officer detaining or seizing goods or conveyance to issue notice within 7 days of such detention or seizure:

The proper officer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of such notice, for payment of penalty.



DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Thursday, January 6, 2022

Appointment of Auditor in Casual Vacancy of Auditor under Companies Act 2013 (Resignation, Death, Disqualification, etc.)

As we are aware that, every company needs to have an auditor. The auditor play key roles in compliance and confirm the maintenance of company’s records and financial statements as per the provisions of the Companies Act, 2013. The audit reports of the company prepared by an auditor are important documents of the company. Thus, the company needs to appoint an auditor at its first Annual General Meeting. Scenario’s where auditor post get vacated due to resignation, death, disqualifications or any other reason, then same needs to be filled up as per provision of Casual Vacancy mentioned in the Company Act 2013.
 
What is Casual Vacancy?

Thought the term casual vacancy not specifically defined in Companies Act but any vacancy caused due to death, resignation, and disqualification of Auditor may be referred as casual vacancy. 

 
   
Procedure












Application for Resignation

1.    Outgoing Auditor should file the application in form ADT-3 to the registrar after resigning from the company.
2.   After submitting resignation and form ADT-3, board meeting shall be organised with all directors for effecting the resignation.
3.   The company shall appoint new auditor to fill the vacancy as per the provision of the company act 2013.

 
Auditor Appointed in Case of Government Company:-
 
  •  CAG will appoint new Auditor within 30 days.
  •  If CAG does not appoint within 30 days then Board of Directors will appoint New Auditor within next 30 days.

Auditor Appointed in other than Government Company:-
  • Company shall convene a board meeting within 30 days from arising of such casual vacancy after giving notice to all directors and pass a resolution for appointment of new Auditor.
  •  Issue notice for conduct of Extra Ordinary General Meeting (EOGM) within 3 months from the date of recommendation of the Board.
  •  File Form ADT-1 with the ROC within 15 days from the date of appointment in the EOGM.


DISCLAIMER

[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Wednesday, January 5, 2022

APPLICABILITY OF TDS ON SALE OF IMMOVABLE PROPERTY BY A NON-RESIDENT

 

Introduction

Sale of property by “Resident Indian”- Where buyer simply pay 1% TDS in form 26QB u/s 194-IA.

When property is sold by “Non-Resident”- Where buyer requires to deduct withholding tax (TDS) as per section 195 of the income tax act. (Rates are provided separately in tabulated format in this article)

What are the Prerequisites for Withholding Tax

  • Seller of the property is Non-Resident
  • House property situated in India.




APPLICABLE TDS RATE PROPERTY PURCHASE FROM NON-RESIDENT

🠋

TDS rate depends on

🠋

 Nature of the capital

🠋

Nature of capital assets

Holding period

Base TDS Rate on sale of property by NRI

Long term

Sold after 2 years from the date of allotment

20%

Short term

Sold before 2 years from the date of allotment

30%


TDS rated depend on sales consideration:-

In case of Long Term Capital Gain (LTCG)

Particulars

Consideration for Sale (in INR)

Less than 50 lakh

50 lakh

To

 1Cr

1cr

 to

2 Cr

2Cr

 To

 5Cr

Above 5Cr

LTCG Tax

20%

20%

20%

20%

20%

+ SC

Nil

10%

15%

25%

37%

Total Tax (incl. SC)

20.00%

22.00%

23.00%

25.00%

27.40%

+ Cess

4%

4%

4%

4%

4%

Final TDS Rate

(incl. SC & Cess)

20.80%

22.88%

23.92%

26.00%

28.50%


In case of short Term Capital Gain (STCG)

Particulars

Consideration for Sale (in INR)

Less than 50 Lakh

50 Lakh

to

1Cr

1Cr

to

2Cr

2Cr

to

5Cr

Above

5Cr

STGC

30%

30%

30%

30%

30%

SC

Nil

 

10%

 

15%

 

25%

 

37%

 

Tax Rate (incl. SC)

 

30%

 

33%

 

34.5%

 

37.5%

 

41.1%

+ Cess

4%

4%

4%

4%

4%

Final TDS Rate (incl. SC & Cess)

31.20%

34.32%

35.88%

39.00%

42.74%

Above mentioned TDS is applicable on sale consideration / part payments made to the non-resident and not on the amount of capital gains. The legislator has not given the power to the buyer / seller / CA to calculate the amount of capital gains and restrict the TDS on amount of capital gains. This power to determine the amount of capital gains rests with the income-tax authorities.

TDS Rate and Genuine Hardship on Non-Resident Property Seller.

The actual tax liability in the hands of tax payer (non-resident seller) is lesser than the proposed TDS on that transaction, To overcome this situation, Income Tax Act provides for Lower TDS Certificate (or also called as TDS Exemption Certificate) under section 197 of Income Tax Act.
To seek relief in the Withholding Tax Rates, NRI can apply for the Lower TDS Certificate or TDS Exemption Certificate – Section 197 (Form 13) with the Jurisdictional Income Tax Authority.


  • This application is submitted in Form 13 (an online application process) of Income Tax Forms.
  • NRI applicant need to prepare and arrange various supporting documents for this Lower TDS Certificate. All the documents are submitted with Form 13 Application online.
  • On submission of documents, the application moves to the Jurisdictional TDS Certificate Officer. The officer reviews the application and raises observations & further requirements if any.
  • On satisfying all the concerns, the officer processes the certificate and allow Lower TDS to the NRI/Foreign citizen in relation to the transaction.
  • On receipt of the Lower TDS Certificate (or TDS exemption certificate) the buyer deducts the TDS as per Certificate.
  • Hence, through this process NRI/Foreign citizen gets TDS relief before the sale transaction, and avoid blocking of their money with Income Tax Department.


Nostalgically, presently as per departmental internal instruction the lower TDS certificate is being issued at a minimum base rate of 3%, even where the property is being sold at loss.

Key Point to note and avoid hurdles in the future, the rates mentioned in the certificate are always base rates and thus surcharge and cess shall be added to such base rate, failing which income tax department will issue a demand for short deduction for sure through auto system.


DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of Contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Tuesday, January 4, 2022

Important Due Dates for the Month of January - 2022

 GST Due Dates January - 2022



Income Tax Compliance PF/ESI/ROC/RBI - January 2022