MM TAX CLUB_whatsapp

MM TAX CLUB

Accounting & Tax Consultancy Firm

Blogs

ICAI

No input tax credit: Intra-co services GST a pain

 A recent advance ruling given by the Tamil Nadu bench in the case of Profisolutions, a private company, reaffirms that GST is applicable on services provided intra-company. In this case, the branch office in Chennai (Tamil Nadu) provided support services like engineering services, design services and accounting services to its head office in Bangalore, which was registered in Karnataka under the GST Act.: A recent advance ruling given by the Tamil Nadu bench in the case of Profisolutions, a private company, reaffirms that GST is applicable on services provided intra-company. In this case, the branch office in Chennai (Tamil Nadu) provided support services like engineering services, design services and accounting services to its head office in Bangalore, which was registered in Karnataka under the GST Act.

For GST to be triggered, there must be a 'supply' of goods or services. The moot question before the Authority for Advance Ruling (AAR) was whether provision of services by a branch office in one state to its head office in another state, through employees who are common to the company, constitutes a 'supply' of services

A physical presence of a unit, such as the head office or branch offices, necessitates a GST registration. In other words, the registrations are state-specific. The AAR held that each registered unit is a 'distinct person'. A transaction between distinct persons even without consideration is termed as a supply and is taxable. When the services of employees deployed in a registered place of business are provided to another registered premises of the company, it is treated as a supply and is subject to GST at 18%.

This concurs with advance rulings given in the past, including a ruling given by the Karnataka bench of the Appellate Authority for Advance Rulings in the case of Columbia Asia Hospitals.


Source

CBDT releases Direct Tax Statistics for FY 2021-22 and FY 2022-23

Release of Direct Tax Statistics

The Central Board of Direct Taxes (CBDT) has been releasing key statistics relating to Direct Tax collections and administration in public domain from time to time. In continuation of its efforts to place more and more information in public domain, the CBDT has further released Time-Series data as updated upto F.Y. 2021-22.

The key highlights of some of these statistics are as under:

(i)        Net Direct Tax Collections have increased by 121.18% from Rs. 6,38,596 crore in F.Y. 2013-14 to Rs. 14,12,422 crore in F.Y. 2021-22.

(ii)        Net Direct Tax Collections have increased by 160.17% from Rs. 6,38,596 crore in F.Y. 2013-14 to Rs. 16,61,428 crore (provisional) in F.Y. 2022-23.

(iii)       Gross Direct Tax Collections have increased by over 126.73% in F.Y. 2021-22, reaching a figure of Rs. 16,36,081 crore from Gross Direct Tax Collections of Rs. 7,21,604 crore in F.Y. 2013-14.

(iv)       Gross Direct Tax Collections have increased by over 172.83% in F.Y. 2022-23, reaching a figure of Rs. 19,68,780 crore (provisional) from Gross Direct Tax Collections of Rs. 7,21,604 crore in F.Y. 2013-14.

(v)        Direct Tax Buoyancy at 2.52 in F.Y. 2021-22 is the highest Direct Tax Buoyancy recorded over last 15 years.

(vi)       Direct Tax to GDP ratio has increased from 5.62% in F.Y. 2013-14 to 5.97% in F.Y. 2021-22.

(vii)      The Cost of collection has decreased from 0.57% of total collection in the F.Y. 2013-14 to 0.53% of total collection in the F.Y. 2021-22.

The availability of the Time-Series data in public domain will be useful for  academicians, research scholars, economists and the public at large in studying long-term trends of various indices of the effectiveness and efficiency of Direct Tax administration in India. This time series data is available at www.incometaxindia.gov.in.

Press Release

Reporting-einvoice-at-IRP-portal
CA Arrest

CA arrested for taking Rs 26 lakh bribe in name of Income Tax officials

The Punjab Vigilance Bureau (VB) arrested a chartered accountant (CA) Ankush Sareen, a resident of Ludhiana, for taking a bribe of Rs 26 lakh from a man in the name of income tax officers based in Chandigarh.

A VB spokesperson said a case has been registered against Sareen, who practises privately, following an investigation into an online complaint lodged at the chief minister’s anti-corruption action line.

He said complainant Parminder Singh Sidhu, a resident of Malsian village, Ludhiana district, has alleged that Sareen had taken Rs 26 lakh in two instalments for giving bribe to the income tax officers in lieu of settlement of a notice served to his relatives residing in USA regarding an income tax return.

The complainant alleged that he had handed over Rs 25 lakh cash to the CA at his residence on January 15 and made a video of the act. After this, CA Ankush Sareen had obtained Rs 1 lakh more for “junior officers of income tax department” from the complainant on January 26.

During an inquiry from the I-T department, the complainant came to know that said notice of I-T department had not been replied to and he realised that said CA had taken a bribe fraudulently in the name of income tax officers by threatening him about heavy penalty. When he asked the CA to return his money, he didn’t do so.

The spokesperson said the VB unit of Ludhiana range investigated the allegations levelled in the complaint and registered a corruption case at VB police station Ludhiana against the CA after finding him guilty for taking bribe. Further investigation in this case was under progress, he said.

source