MM TAX CLUB_whatsapp

MM TAX CLUB

Accounting & Tax Consultancy Firm

Blogs

TDS _income tax_mmtaxclub

CBDT exempts Aircraft Leasing IFSC units from TDS on dividends paid among themselves

— In exercise of the powers conferred by sub-section (1F) of section 197A read with clause (34B) of section 10 of the Income-tax Act,1961 (43 of 1961) (hereinafter the Income-tax Act), the Central Government hereby specifies that no deduction of income tax shall be made under section 194 of the Income-tax Act from any income in the nature of dividend paid by any unit of an International Financial Services Centre, primarily engaged in the business of leasing of an aircraft (hereinafter referred as payer) to a company, being a Unit of an International Financial Services Centre primarily engaged in the business of leasing of an aircraft (hereinafter referred as payee) subject to the following

  1. The payee shall, -

(i) furnish a statement-cum-declaration in Form No. 1 to the payer giving details of previous year relevant to the assessment year in which the dividend income eligible for exemption under clause (34B) of section 10 of Income-tax Act is payable.

(ii) such statement-cum-declaration shall be furnished and verified in the manner prescribed in Form No. 1 for the previous year relevant to the assessment year in which the dividend income eligible for exemption under clause (34B) of section 10 of Income-tax Act is payable.

The payer shall, -

not deduct tax on payment made or credited to the recipient of such dividend (payee) evolving and implementing appropriate security, archival and retrieval policies.

Explanation.- For the purpose of this notification,

  1. “aircraft” shall have the same meaning assigned to it in the Explanation to clause (4F) of section 10 of the Income-tax Act;
    1. “International Financial Services Centre” shall have the same meaning as assigned to it in clause (q) of section 2 of the Special Economic after the date of receipt of copy of statement-cum-declaration in Form No. 1 from payee; and
    2.  furnish the particulars of all the payments made to the recipient of such dividend on which tax has not been deducted in view of this Notification in the statement of deduction of tax referred to in sub-section (3) of section 200 of the Income-tax Act, read with the rule 31A of the Income-tax Rules, 1962.

2. The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall lay down procedures, formats and standards for ensuring secure capture and transmission of data and uploading of documents and the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall also be responsible for

  1. Zones Act, 2005 (28 of 2005); and
  2. “Unit” shall have the same meaning as assigned to it in clause (zc) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005).

3. This notification shall come into force from 1 st September, 2023

However, the payee is required to furnish Form No. 1 to avail of this exemption.

The Notification can be accessed at: https://incometaxindia.gov.in/communications/notification/notification-52-2023.pdf

GST_mmtaxclub

Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman inaugurates GST Bhawan at Agartala

Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman inaugurated the ‘GST Bhawan’, a project for CGST, CX and Customs Office, Agartala, Guwahati Zone under CBIC, at Agartala, Tripura.

The GST Bhawan is an Office complex in the Centre of Agartala City. The project is located at one of the most preferred locations in Agartala. The project sits at Mantri Bari Road, Agartala and has quick and easy access to all the taxpayers. It is also located at a distance of about 10 km from newly created Agartala Airport complex. The inauguration of project in Amrit Kaal during the Azadi Ka Amrit Mahotsav showcases the strength of New India.

During the event, Secretary, D/o Revenue, Ministry of Finance, Shri Sanjay Malhotra; Chairman, Central Board for Indirect Taxes and Customs (CBIC), Shri Vivek Johri; Member, CBIC, Shri Sanjay Kumar Agarwal; Member, CBIC, Shri Alok Shukla; Chief Commissioner CGST, CX and Customs, Guwahati Zone, Shri Yogendra Garg; senior officers from CBIC, officers and staff from CGST & Customs, Guwahati zone were present.
Addressing the august gathering, Finance Minister Smt. Nirmala Sitharaman congratulated the people of Tripura on inauguration of GST Bhawan. She emphasised the importance of good infrastructure which can be leveraged to serve taxpayers in a better resulting in improved revenue collection. The building will help the common citizens to come and get facilitated in GST related matters. It increases accessibility of officers to the public. This will help the common citizens to come and get facilitated in GST related matters. During the address, the Finance Minister highlighted that post GST, revenue generation for Tripura has been extremely favourable. Before the GST was introduced, Tripura received only Rs 4.21 crore as Central Sales Tax (CST) in FY 2016-17, whereas the state collected Rs 982.50 crore IGST in FY 2022-23 from Inter-State trade. Also, with GST Bhawan, it becomes important to carry out outreach along with State to make people aware of benefits of GST and encourage more people to get enrolled.
Revenue Secretary Shri Sanjay Malhotra said that infrastructure is important but is relatively easier to create. More difficult task is to maintain it over and ensure that it is used effectively.
Chairman, CBIC, Sh. Vivek Johri said that the Government is striving to ensure that good working environment both for officers and the trade. He stated that this is the second GST Bhawan in the North East and that proposals for GST Bhawans in 3 other North East states are at various stages of approval.
Shri Yogendra Garg, Chief Commissioner CGST & Customs, Guwahati, stated that GST Bhawan Agartala would address the need to provide better taxpayer services by CGST Commissionerate as number of taxpayers has grown from 1,734 pre-GST to over 12,500 taxpayers in 6 years of GST. He assured that GST outreach programmes would be conducted both in this new office as also offsite as directed by the finance minister.

The project was completed in time despite two waves of COVID 19 affecting work and within stipulated timelines of agreement. The project estimated at cost of Rs. 28 crore. The plot of 0.71 acre has a built up area of  3,000 Sq. mtrs or 32,300 sq. ft, thus the average cost of construction pegged at Rs. 93,333/- per sq.mts or Rs. 8,668/- Sq feet. The cost of Rs. 8,668 per sq feet is far less than average cost of construction in Agartala despite best possible facilities and best branded fittings. The Office rooms are airy, nicely ventilated and fitted with energy efficient lightings. The CGST Agartala Commissionerate was created and started functioning in a rented building initially located at Lenin Sarani, Jackson Gate Building, Agartala, Tripura since 2017. The Customs Division and Audit Circle were also functioning at other rented buildings at Agartala.

The proposal for CGST Bhawan was approved for construction by CPWD in July 2019. The land measuring 0.71 acre, which was selected for construction of the building, was owned by the Customs Division, Agartala. The building was completed at a cost of around Rs. 28 crore and handed over by CPWD in December 2022. The total area of the building is about 3,000 sq. mt.

There are a total of 8 floors including the ground floor. The campus and the building is decorated with potted plants outside, on the inside and on the roof top. The building houses two flag hoisting poles, one at the ground floor and one at the rooftop. The building possesses a 11 KVA transformer fed by dedicated underground cables and also owns a DG set for handling power failures. There is a ramp leading to the entrance of the building for differently abled persons and a reception at the entrance. There is a dedicated canteen on the ground floor meant for the officers. Also, in the ground floor are located, the Malkhana, a Dormitory and the Seva Kendra. There are 02 (two) lifts provided for catering to the needs of the officers and visitors. The Conference Hall is situated in the 2nd floor. The 1st, 2nd and 3rd floor contains the CGST Commissionerate Office. The Audit Circle and Customs Division are sharing the 4th floor and the Customs Division is housed on full of the 5th floor. The Guest Houses are located in the 6th floor and the Auditorium is located on the 7th floor. The fire-fighting system and early warning system is of the best available quality in Agartala. Almost at every floor there is a ladies toilet and water filter.
CBIC is making significant efforts to develop infrastructure projects for the department and staff all over India.
Rice export

Centre amends Export Policy of Non Basmati White Rice to ensure adequate domestic availability at reasonable prices

In order to ensure adequate availability of Non Basmati White Rice in the Indian market and to allay the rise in prices in the domestic market, Government of India has amended the Export Policy of above variety from ‘Free with export duty of 20%’ to ‘Prohibited’ with immediate effect.

The domestic prices of Rice are on an increasing trend. The retail prices have increased by 11.5% over a year and 3% over the past month.

 

Export duty of 20% on non-basmati white rice was imposed on 08.09.2022 to lower the price as well ensure availability in the domestic market.  However, the export of this variety increased from 33.66 LMT (Sept-March 2021-22) to 42.12 LMT (Sept-March 2022-23) even after imposition of 20% export duty. In the current FY 2023-24 (April-June), about 15.54 LMT of this variety of rice was exported against only 11.55 LMT during FY 2022-23 (April-June), i.e. an increase by 35%. This sharp increase in exports can be ascribed to high international prices due to geo-political scenario, El Nino sentiments and extreme climatic conditions in other rice producing countries, etc.

Non-Basmati White Rice constitutes about 25% of total rice exported from the country.  The prohibition on export of Non-Basmati White Rice will lead to lowering of prices for the consumers in the country.

 

However, there is no change in Export policy of Non Basmati Rice (Par Boiled Rice) and Basmati Rice, which forms the Bulk of Rice exports. This will ensure that the farmers continue to get the benefit of remunerative prices in the international market.

Source

income tax rules,mmtaxclub

Procedure to active non operative PAN due to non linking with aadhar and consequences of Inoperative PAN

The CBDT vide Notification No. 15/2023  dated July 18, 2023 amend the Income-tax Rules, 1962 (“the IT Rules”). 

In exercise of the powers conferred by section 139AA read with section 295 of the Incometax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:

1. Short title and commencement.—(1) These rules may be called the Income-tax (Fourth Amendment) Rules, 2023. (2) They shall come into force from the 1st day of April, 2023. 

2. In the Income-tax Rules, 1962, for rule 114AAA, the following rule shall be substituted, namely: — “114AAA. Manner of making permanent account number inoperative.— (1) Where a person, who has been allotted the permanent account number as on the 1st day of July, 2017 and is required to intimate his Aadhaar number under sub-section (2) of section 139AA, has failed to intimate the same on or before the 31st day of March, 2022, the permanent account number of such person shall become inoperative, and he shall be liable for payment of fee in accordance with sub-rule (5A) of rule 114.

(2) Where the person referred to in sub-rule (1) has intimated his Aadhaar number under sub-section (2) of section 139AA after the 31st day of March, 2022, after payment of fee in accordance with sub-rule (5A) of rule 114, his permanent account number shall become operative within thirty days from the date of intimation of Aadhaar number.

(3) A person, whose permanent account number has become inoperative, shall be liable for further consequences for the period commencing from the date as specified under sub-rule (4) till the date it becomes operative, namely:–

(i) refund of any amount of tax or part thereof, due under the provisions of the Act shall not be made;

(ii) interest shall not be payable on such refund for the period, beginning with the date specified under sub-rule (4) and ending with the date on which it becomes operative;

(iii) where tax is deductible under Chapter XVIIB in case of such person, such tax shall be deducted at higher rate, in accordance with provisions of section 206AA; 

(iv) where tax is collectible at source under Chapter XVII-BB in case of such person, such tax shall be collected at higher rate, in accordance with provisions of section 206CC:

(4) The provisions of sub-rule (3) shall have effect from the date specified by the Board. 

(5) The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) shall specify the formats and standards along with the procedure for verifying the operational status of permanent account number under sub-rule (1) and sub-rule (2).”.

 

 

 

 

Direct tax collection_mmtaxclub