Analysis of I-T Circular Requiring updation of Email ID & Mobile No.
Analysis of Income Tax Circular Requiring updation of Email address Mobile Number
The Income Tax Dept. has mandated pre-filling of Mobile No. & Email ID before filing of return of an assessee vide its press release dated 26.06.2014. Further one Mobile No. and Email ID can not be used for more than 4 times for incorporation in any assessee' detail. This has brought lot of inconvenience to Income Tax Practitioners who were earlier filling assessee' return on behalf of assessee. The natural reason for the hardship is the low internet penetration. Many clients do not possess an Email ID. Further the entire family in which every member is an assessee combined with their business entities (also an assessee) may not have any Email ID. The Mobile No. penetration is also considerably low in India.
According to communication from IT Deptt. the intimations/correspondence with the assessee' does not reach the assessee since the Email ID and Mobile No. provided are those of Income Tax Return preparers or CA's or the lawyer who files the return. Consequently, the corrective/ suitable action may not be taken by assessee in time. Further, the tax payers are not able to reset their password since the contact details provided (for email communication) may be the details of I Tax Return Preparer.
However, it is important to understand that the relationship between the assessee & his lawyer/CA is based on mutual trust and understanding. By providing his own Email ID & the Mobile No., the practitioner is absolving the assessee with unwanted troubles. The assessee may not check his emails regularly & further may not understand the importance of SMS communication which happens with the Deptt. The practitioner is aware of Income Tax Act & takes corrective actions in case of any default.
Further, the limitation of Email ID's to 4 may not serve much purpose. This would only lead to creation of more Email ID's by the practitioners to avoid inconvenience to clients who do not possess Email ID. The workaround of email id being limited to 4 assesses is already being circulated on net.
Further, the receipt of PIN in the SMS for registration of assessee' Mobile is a cumbersome process. As a welcome step the Deptt. has facilitated a 24 hour extension to register the PIN's.
It remains to be seen if the steps followed by IT Deptt. to directly reach/communicate with the assessee would eventually serve its purpose or would further add to the ever burgeoning problem of bribery & corruption in the Deptt. (The Deptt. would now possess the contact details and Email IDs of assessee). Similar instances have been experienced in VAT Deptt. where the assessee has faced harassment from Deptt. officials for deposit of March VAT before 31st March to fulfil department target of revenue collection in a Financial Year. ( The due date is between 20th – 30th April according to VAT Acts. )
Further, the email communication has not yet received legal sanctity in India. We are still following the Paper communication era. There are no recognised/ identified Email Service Providers in India. The likes of Google ( Gmail ) etc. have their servers in US. There are hundreds of other non-Indian entities which provide E-mail infrastructure. Their services can never be relied upon. Currently, Google does not charge any fees for providing Email Services to users. Providing Email service require huge investment cost in terms of servers and such companies may begin to charge from users anytime in future. The popularity/ ease of any communication system should not lead to usage of such system for legal communications unless legal sanctity has been provided to Email communication systems.
(Author – Ankur Aggarwal, ankur@klaggarwal.com,Web: www.klaggarwal.com)
NSDL releases FUV 4.30, FUV 2.139 & RPU 4.0 for TDS/TCS returns wef 28.06.2014
Tin-NSDL has released FUV 4.30, FUV 2.139 and RPU 4.0 which are effective from 28th June 2014 in respect of TDS /TCS statement filed or to be filed on or after 28th June 2014. The only change in revised RPU and FUV is Addition of New State code for TELANGANA.
A. FVU for quarterly e-TDS/TCS statement pertaining to FY 2010-11 onwards
Key feature of FVU version 4.3
a. Addition of New State code for "TELANGANA".
New State code "36" for "TELANGANA" has been added.
b. Applicability of FVU version:
From June 28, 2014, FVU version 4.3 would be mandatory for statements pertain to FY 2010-11 onwards.
B. FVU for quarterly e-TDS/TCS statement up to FY 2009-10
Key feature of FVU version 2.139
a. Addition of New State code for "TELANGANA".
New State code "36" for "TELANGANA" has been added.
b. Applicability of FVU version:
From June 28, 2014, FVU version 2.139 would be mandatory for statements pertain to FY 2007-08 to FY 2009-10.
C. NSDL RPU Version 4.0 for quarterly e-TDS/TCS statements from FY 2007-08 (applicable from June 28, 2014)
Key features of RPU 4.0
A. Addition of State "TELANGANA"
New State "TELANGANA" has been added.
B. Incorporation of latest FVU Version 4.3 and 2.139.
Inter-Governmental Agreement with United States of America under Foreign Accounts Tax Compliance Act – Registration
CIRCULAR No. CIR/MIRSD/ 2/2014, Dated – June 30, 2014
To,
- All Recognized Stock Exchanges
- Stock Brokers through Recognized Stock Exchanges
- All Depositories
- Depository Participants through Depositories
- Mutual Funds
- Portfolio Managers
- Alternative Investment Funds
- Collective Investment Schemes
- Custodians
Dear Sir/Madam,
Sub: Inter-Governmental Agreement with United States of America under Foreign Accounts Tax Compliance Act – Registration
1. The Government of India has advised that India and the United States of America (US) have reached an agreement in substance on the terms of an Inter-Governmental Agreement (IGA) to implement Foreign Accounts Tax Compliance Act (FATCA) and India is now treated as having an IGA in effect from April 11, 2014. However, the IGA may be signed in due course. Information on FATCA is available at: http://www.irs.gov/Businesses/Corporations/Foreign-Account-Tax-ComplianceAct- FATCA.
2. As advised by the Government, the following points may be noted by all SEBI registered intermediaries:
a. Indian Financial Institutions would have time upto December 31, 2014 to register with US authorities and obtain a Global Intermediary Identification Number (GIIN). This time limit would also be applicable to Indian Financial Institutions having overseas branches in Model 1 jurisdictions, including those jurisdictions where an agreement under Model 1 has been reached in substance. Registration should be done only after the formal IGA is signed. Information in this regard will be communicated to you.
b. Overseas branches of Indian Financial Institutions in a jurisdiction having IGA 2 agreement or in a jurisdiction that does not have an IGA but permits financial institutions to register and agree to a Foreign Financial Institution (FFI) agreement, may register with US authorities within the stipulated time period and obtain a GIIN in accordance with the requirements to avoid potential withholding under FATCA.
c. Overseas branches of Indian Financial Institutions in a jurisdiction that does not have an IGA and does not permit financial institutions to register and agree to an FFI agreement may not register and their overseas branches would eventually be subject to withholding under FATCA.
d. The Government has further advised that if registration of the parent intermediary/ head office is a pre-requisite for a branch to register, such intermediaries may register as indicated at (a) and (b) above.
3. The Stock Exchanges and Depositories are advised to bring the contents of this Circular to the notice of the Stock Brokers, Depository Participants, as the case may be, and also disseminate the same on their websites.
4. This Circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992 (SEBI Act).
Yours faithfully,
Krishnanand Raghavan
General Manager
Email: krishnanandr@sebi.gov.in
General Manager
Email: krishnanandr@sebi.gov.in
Govt. Launches Online PF Code Allotment System
Shri Narendra Singh Tomar Launches Online PF Code Allotment System
The Union Minister for Steel, Mines and Labour & Employment, Shri Narendra Singh Tomar has launched the online registration system for allotment of Provident Fund Code Number, which can be used by establishments in New Delhi today. On the occasion, he said that his Government was committed to provide better services to stakeholders. He congratulated the Employees' Provident Fund Organisation (EPFO) for achieving one of the tasks given by him regarding provision of this facility. He hoped that EPFO will also achieve other tasks assigned to it for first 100 days, including the allocation of Universal Account Number to the members of the fund.
On the occasion, the Union Minister of State, Shri Vishnu Deo Sai said that this facility will make the establishment registration system easy and transparent. The Secretary, Ministry of Labour & Employment, Smt. Gauri Kumar was also present on the occasion.
It was observed that earlier establishments which had to take a PF code number were required to make a physical application and submit the same at the PF office concerned. This sometimes led to avoidable delays in getting the code number. With the introduction of the new facility, such establishments can register themselves online through a link provided in the Organisation's website. All the necessary instructions for filling up of the form and checklist have been provided online. On successful completion of the registration process, the PF code number will be allotted online after verification of the PAN number entered by the applicant within a day. This is also done by the system without manual intervention. A dashboard will be provided on the website to track the status of applications.
The adoption of this new process would drastically cut short the time required for getting code number and it is a part of the commitment of the Organisation to be more responsive to the needs of the stakeholders by utilizing technology. This is also expected to address the criticism that establishments face many hurdles and bureaucratic delays in starting their businesses in the country and therefore this initiative would help in establishing a business-friendly and pro-compliance environment.
Notification relating to Companies(Cost Records and Audit) Rules
The Ministry has issued notification relating to the Companies (Cost Records and Audit) Rules, 2014 under section 148 of the Companies Act, 2013. The last date for filing application for appointment of cost auditor under earlier rules was 30th June, 2014. Keeping this in view the new rules have been notified today.
These rules supersede eight sets of rules notified under the Companies Act, 1956. The new rules specify four classes of companies which shall be required to maintain cost records and who will be subject to cost audit. Relevant e-Forms would be made available on the MCA portal shortly.
The Notification is available on the Ministry's website at www.mca.gov.in
Govt. to set up additional 70 Aayakar Seva Kendras (ASK) all over the country during F.Y. 2014-15
F. No. 48/3/2014/ASK/P.V/DOMS/754, Dated: - 30 06.2014
The Chief Commissioner of Income-tax (as per enclosed list)
Subject: Setting up of Aayakar Seva Kendra (ASK) during Financial Year 2014-15 — reg
Sir/Madam,
Kindly refer to the above.
2. In the Result Framework Document, 2014-15, the Board has resolved to augment the number of Aayakar Sewa Kendras from existing 189 already set up in the Income-tax department, by setting up additional 70 Aayakar Seva Kendras (ASK) all over the country in the current financial year i.e. 2014-15.
3, The Board has decided that these Centres should preferably be set up in relatively bigger stations where the senior most authority is either the CIT, Addl. CsIT or Multiple ITOs charge. Accordingly, the CBOT has finalised setting up of 70 Aayakar Seva Kendras as per the enclosed list at Annexure –A. In the enclosed list the Stations and the jurisdictional CCsIT have been mentioned. The setting up of ASK at these locations is also included in the Annual Action Plan 2014-15.
4. The project is decentralized and funds will be allocated to your region for setting up of ASK centres. In order to prepare a consolidated proposal for financial sanction to set up ASK across the country during 2014-15, you are requested to kindly send the information in the enclosed Proforma (Annexure-B) in respect of ASK locations falling under your jurisdiction. Separate proforma may be used for each location, as it would facilitate this Directorate to work out the requirement of number of nodes, computers, printers etc. The area required and expenses proposed to be incurred on finishing work would also be determined on the basis of this information. Keeping in view the urgency of the matter, this information may kindly be sent to this Directorate latest by 4m July, 2014 positively. Kindly ignore if the same has already been sent.
5. You are also requested to constitute a Local Implementation Committee for each location. It is suggested that the committee may be constituted under chairman of CCIT and may include C IT concerned and IT( O) for better coordination.
6. It is also requested that a nodal officer from amongst the members of this committee may be identified and the contact details, including the mobile number and email address may kindly be sent to us along with details of the Local Implementation Committee latest by 4 July, 2014. This committee may also identify space at each location for setting up of ASK.
7. All possible support will be extended by this Directorate for timely implementation of the ASK project at each location as per Result Framework Document for the year 2014-15. For any queries on this issue, Shri S.K. Banerjee, Assistant Director may kindly be contacted on telephone No.011-26716415 or email: ditdoms.km@gmail.Com
Yours faithfully
(DEEPAK SHARMA)
Asstt. Director of Income Tax (O&MS) New Delhi
Encl: 1. Annexure- A. List of Station identified for Setting up ASK in F.Y. 2014-15
2. Proforma Annexure-B
RBI not to issue Fema notification on Tax Issues
RBI/2013-14/669
A.P. (DIR Series) Circular No.151
A.P. (DIR Series) Circular No.151
June 30, 2014
To
All Category – I Authorised Dealer Banks
Madam/ Sir,
Remittances to non-residents – Deduction of Tax at Source
Attention of Authorised Dealers in Foreign Exchange is invited to A.P (DIR Series) Circular No. 56 dated November 26, 2002 read with A. P. (DIR Series) Circular No. 3 dated July 19, 2007 regarding the procedure to be followed in respect of deduction of tax at source while allowing remittances to the non-residents.
2. The Central Board of Direct Taxes (CBDT) has revised the existing instructions to be followed while allowing remittances to the non residents, with effect from October 1, 2013. It has issued Income Tax (14th Amendment) Rules, 2013 vide Notification No. S.O 2659(E) dated September 2, 2013 on furnishing of information under Section 195(6) of the Income Tax Act, 1961 and prescribed the rules and forms to this effect.
3. Reserve Bank of India has reviewed the policy relating to issue of instructions under Foreign Exchange Management Act, 1999 (FEMA), clarifying tax issues. It has now been decided that Reserve Bank of India will not issue any instructions under the FEMA, in this regard. It shall be mandatory on the part of Authorised Dealers to comply with the requirement of the tax laws, as applicable.
4. Authorised Dealers may bring the content of this circular to the notice of their constituents concerned. Further, they may also be advised to approach CBDT for any clarification in this regard.
5. The directions contained in this circular have been issued under Section 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999) and are without prejudice to permissions/approvals, if any, required under any other law.
Yours faithfully
(C.D. Srinivasan)
Chief General Manager
Chief General Manager
Kolkata CBI arrests CA, JCIT and ITO in 25 Lakh Bribery Case
CBI ARRESTS A JOINT COMMISSIONER OF INCOME TAX AND THREE OTHERS INCLUDING A CHARTERED ACCOUNTANT IN A BRIBERY CASE
The Central Bureau of Investigation has arrested a Joint Commissioner of Income Tax & an Income Tax Officer,Range-53, Income Tax Department, Kolkata and a Chartered Accountant & his Assistant in an alleged bribery case.
CBI had registered a case against the Joint Commissioner of Income Tax Deepak J Mehta and ITO P N Srivastava on the complaint of the Owner of a firm engaged in business of fishery based at South 24 Parganas (West Bengal). It was alleged that both the public servants had demanded illegal gratification of Rs.25 lakhs from the Complainant for providing relief to his firm in avoiding penalty and additional tax liability.
CBI laid a trap and caught the Chartered Accountant Samarendra Nath Ghosh & his Assistant red handed in the office of the Complainant while allegedly accepting an illegal gratification of Rs. Three Lakhs as an installment of the demanded bribe from the Complainant, on behalf of the JCIT and ITO. The JCIT and the ITO were also arrested.
Searches have been conducted in the office & residential premises of the accused persons at Kolkata, Mumbai and Bihar. A cash of Rs.3.5 Lakhs, documents pertaining to three immovable properties and 14 Bank accounts etc have been recovered in the house of the Joint Commissioner of Income Tax at Mumbai. The documents are being scrutinized.
The arrested accused were produced before the Court of Chief Judicial Magistrate, Alipore, Kolkata and were remanded to Judicial custody.
Further investigation is continuing.
Source- CBI Press Release with inputs from PTI
New Delhi, 30.06.2014
New Delhi, 30.06.2014
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