Classification of the normal place of service of the articled assistant
During the first year of training
During the second year of training
During the remaining period of training
(i) Cities/towns having a population of twenty lakhs and above
(ii) Cities/towns having a population of four lakhs and above but less than twenty lakhs
(iii)Cities/towns having a population of less than four lakhs
24 January 2015
22 January 2015
Author's Note: - Such a sought of clarification is not a newly clarified matter. It is worthy to note that even DGCEI (Intelligence) in its instruction No. F.No. 406/CF/15/2006 dated 19th May, 2006 instructed the field formations in the similar manner. How far it is implemented, only time can tell !!
17 January 2015
RBI asks bank auditors to have a stringent monitoring process
Pointing to the gaps in the auditors' work, the Reserve Bank of India (RBI) has asked banks to adopt a more stringent auditing process to ensure that review of financial results and identification of fraud is done more promptly.
RBI Deputy Governor S S Mundra said there is a greater need to take a closer look into the asset quality, instances of restructuring of advances, provisioning held, etc. to ensure that there was no divergence with regard to asset classifications and provisions held.
"The point I am trying to make is that if RBI inspectors are able to identify these divergences in the limited time-frame that they are on-site, why the banks' auditors are not able to do so…Is it a question of efficiency of the auditors or is there a much deeper issue - something to do with the transparency of the process itself?," he asked while addressing members of the Audit Committee of the Boards (ACB) of ICICI Bank subsidiaries & other bank employees.
With regards to provisions, he told banks that adequate provisions should be made for post-retirement benefits like pension, gratuity and leave encashment, etc. and the auditors should ask more pertinent questions to the banks with regards to provisioning requirements
"It is important that the ACB asks the right questions to the management about various underlying assumptions that go into computation of the required provisions such as life expectancy, discount rate, expected return on investments, etc. I urge the ACBs to ask uncomfortable questions," he said in his speech.
In light of instances of know-your-customer (KYC) norms violation Mundra has urged auditors to be stricter with the process of background check. Last month, RBI had imposed penalties on ICICI Bank and Bank of Baroda for flouting KYC and anti money laundering norms.
"I believe that the absence of an appropriate punitive mechanism in the banks for lapses has also contributed to their recurrence. Therefore, our expectations from the ACBs would be to closely focus on reasons for such regulatory penalties/sanctions and seek a root-cause analysis for preventing recurrence," he added.
RBI has also been cautioning consumers against the rising case of credit card and other frauds. Mundra called upon greater sensitivity and increased focus from auditors with regards to having appropriate measures in place to prevent instances of fraud.
"In our recently concluded scrutiny into fixed deposit related frauds in some banks, it emerged that even the caution advices issued by RBI in respect of certain individuals had not percolated down to the branch officials quickly enough to enable appropriate preventive measures… I would say that ACBs should take upon themselves to monitor the trend of frauds, assimilate key learnings and ensure that mitigation measures are put in place by the management," he added.
16 January 2015
SECTION 143 OF THE INCOME-TAX ACT, 1961 - ASSESSMENT - GENERAL - CLARIFICATION AS TO WHETHER PROVISION OF SECTION 143(1D) PERMITS PROCESSING OF RETURNS HAVING A REFUND CLAIM, WHERE NOTICE UNDER SECTION 143(2) HAS BEEN ISSUED
INSTRUCTION NO.1/2015 [F.NO.225/319/2014-ITAT.II], DATED 13-1-2015
Sub-section (1D) of section 143 of the Income-tax Act, 1961 ('Act') provides that where a notice has been issued to a taxpayer under sub-section (2) of section 143 of the Act, it shall not be necessary to process the return in such a case.
2. Some doubts have been expressed, in view of the words "shall not be necessary" used in the said sub-section, as to whether this provision permits processing of returns having a refund claim, where notice under section 143(2) of the Act has been issued.
3. The matter has been examined by the Board. Sub-section (1D) of section 143 of the Act was introduced by the Finance Act, 2012 with effect from 01.07.2012. The purpose of introduction of this sub-section has been stated in the Explanatory Note to the Finance Act as under:
"Under the existing provisions, every return of income is to be processed under sub-section (1) of section 143 and refund, if any, due is to be issued to the taxpayer. Some returns of income are also selected for scrutiny which may lead to raising a demand for taxes although refunds may have been issued earlier at the time of processing.
It is therefore proposed to amend the provisions of the Income-tax Act to provide that processing of return will not be necessary in a case where notice under sub-section (2) of section 143 has already been issued for scrutiny of the return."
Thus, in cases where an unprocessed return is selected for scrutiny, the legislative intent is to prevent the issue of refund after processing as scrutiny proceedings may result in demand for taxes on finalisation of the assessment subsequently.
4. Considering the unambiguous language of the relevant provision and the intention of law as discussed above, the Central Board of Direct Taxes, in exercise of the powers conferred on it under section 119 of the Act hereby clarifies that the processing of a return cannot be undertaken after notice has been issued under sub-section (2) of section 143 of the Act. It shall, however, be desirable that scrutiny assessments in such cases are completed expeditiously.
5. This may be brought to the notice of all concerned for strict compliance.
15 January 2015
GOVERNMENT OF INDIA
02/2015-Cus., Dated: January 15, 2015
The Chief Commissioner of Customs/Customs (Preventive)
Subject: Simplification of Customs procedures for shipping - regarding.
The avoidable delays on account of non-uniform Customs procedures adopted at some ports/Customs stations not only increase transaction cost and time of clearance but also prove to be major constraints in making Indian ports international transshipment hubs. Therefore, a Committee was set up by Ministry of Shipping for simplification of shipping related Customs procedures. The Committee has made, interalia, certain recommendations for implementation by Customs:
2. Board has examined the recommendations of the said Committee in consultation with identified Chief Commissioners of Customs. Accordingly, the following decisions have been taken to streamline the extant procedures at various ports:
(i) It is reported that the number of hard copies of Import General Manifest (IGM) filed by shipping lines/steamer agents varies from 2 to 6 at various ports. Board, has noted that the Customs is already receiving the IGM electronically as well. The requirement of large number of hard copies of this document leads to unnecessary escalation of compliance cost. Therefore, taking into account the requirement of Customs as well the fact that an electronic version of IGM is already available, Board has decided that henceforth the number of hard copes of IGM required to be submitted by shipping lines/steamer agents at a Customs House shall be restricted to 2 (two) only.
(ii) The port clearance requires submission of numerous documents on behalf of other agencies - Lighthouse Dues Certificate, NOC for Immigration, Port Health Certificate etc. At present, the port clearance is given on the strength of a bond and a guarantee which are given each time a vessel enters. As a measure of simplification, Board has decided to give an option to the steamer agent to (a) give a continuity bond and (b) merge the guarantee with the continuity bond. This would reduce the number required documents from 2 (two) to 1 (one) and periodicity (of submission) would also get reduced drastically.
(iii) Reportedly, in case of transshipped cargo, shipping lines send multiple hard copies of 'Sub Manifest Transhipment Permit' (SMTP) to the destination ICD despite the same also being transmitted electronically. However, there may be situations warranting hard copy of the document such as when amendments have to be made. Recognizing the need for reducing number of copies of SMTP, Board has decided that only 1 (one) copy of SMTP would be sufficient and Customs at ICD should not insist on more number of hard copies of SMTP.
(iv) Currently , separate permissions are required whenever the mode of transport of transhipment containers changes from train to road or vice versa. The view is that this may be dispensed with since the carrier has already executed a bond for safe carriage of the goods to the destination port/ICD. With a view to boost inter-modal transportation of transshipped cargo and simply procedure, Board has decided that henceforth no separate permission is required from jurisdictional Customs in case of change of mode of transshipment under the Goods Imported (Conditions of Transhipment) Regulations, 1995. However, the carrier is required to intimate the change to the jurisdictional Commissioner of Customs who will ensure the bond covers both modes of transport.
3. Chief Commissioners of Customs/Customs and Central Excise are requested to ensure that the aforementioned decisions are complied with strictly by field formations in their jurisdiction. Suitable Trade notice/Public Notice may also be issued for guidance of trade and staff.
4. Difficulty, faced if any, may be brought to the notice of the Board.
F. No. 450/221/2014-Cus IV
SC stays Travelite India (Delhi HC) judgment striking down service tax rule 5A(2)
January 12, 2015 53 taxmann.com 238 (SC)
Service Tax : Supreme Court stayed operation of judgment of Delhi High Court in Travelite (India) holding that : (a) only type of audit contemplated under law is under section 72A, i.e., a special audit; (b) Parliament did not intend to provide for a general audit that "every assessee" may be subjected to "on demand" under rule 5A(2); and (c) rule 5A(2) of Service Tax rules, 1994 is ultra vires section 94
 53 taxmann.com 238 (SC)
SUPREME COURT OF INDIA
Union of India
H.L. DATTU, CJI.
A.K. SIKRI AND R.K. AGRAWAL, JJ.
Special Leave to Appeal (Civil) No. 34872 of 2014
DECEMBER 18, 2014
Rule 5A of the Service Tax Rules, 1994, read with sections 72A, 83 and 94 of the Finance Act, 1994 and section 37B of the Central Excise Act, 1944 - Audit - Service Tax - Submission of Records - Assessee received a letter from Commissioner seeking records for scrutiny by an audit party - Assessee challenged said letter and also challenged rule 5A(2) as well as Instruction F. No. 137/26/2007-CX.4, dated 1-1-2008 issued there under as ultra vires Act on ground that there is no substantive power under Act to call for records and audit is provided only by section 72A and, therefore, mandate of section 72A cannot be exceeded - High Court held that : (a) Section 72A envisages an audit of an assessee's records only in special circumstances; (b) Revenue could not show any other substantive provision which justifies a probe into records of assessee, under conditions akin to those contemplated by rule 5A(2); (c) Parliament did not intend to provide for a general audit that "every assessee" may be subjected to, "on demand"; (d) thus, any attempt to include provision for such a general audit through back-door, such as through rule 5A(2) is ultra-vires; likewise, CBEC instruction was also void - On Department's Special Leave Petition to Supreme Court - HELD : There shall be stay of operation of judgment of High Court [Para 1] [Stay granted]
Travelite (India) v. Union of India  48 taxmann.com 227/ 46 GST 708 (Delhi) stayed.
Mukul Rohatgi, Attorney General Nisha Bagchi, Charul Sarin and B. Krishna Prasad, Advs. for the Appellant.
1. There shall be stay of the operation of the impugned judgment and order dated 4-8-2014 passed by the High Court in Writ Petition (C) No.3774 of 2013.
*In favour of revenue.
14 January 2015
12 January 2015
ICAI has issued Exposure Draft of Ind AS compliant Schedule III to the Companies Act 2013 for Public comments.
Schedule III will be the presentation format for companies under IFRS-converged Ind ASs. Last date for comment submission is January 17, 2015. Now u can acess the ED and can submit the comment online at the following link:
11 January 2015
- These TP reports as also certifications by the chartered accounts inspire no confidence.
- Nothing can justify pathetic level of professional work done by chartered accountants.
- Chartered Accountants also responsible for frivolous litigation.
- No purpose served by TP Reports of chartered accountant when reports do not even point glaring infirmities in taxpayers approach vis-a-vis the transfer regulation.
- in an alarming number cases, these audit reports, rather than painting a true and fair picture of the relevant facts, tend to epitomize the art of constant hedging and manoeuvring by the professionals so as they stay within the confines of permissible professional conduct and are yet able to sidestep the inconvenient realities.
STANDARD OPERATING PROCEDURES (SOP) FOR ADMINISTERING TDS INCORPORATING THE RE-ENGINEERED PROCESSES DEVELOPED BY THE CPC-TDS
TDS is a non-obtrusive but powerful instrument to prevent tax evasion as well as to expand the tax net. TDS also minimizes tax avoidance by the taxpayer (income earners), as the payee's transaction(s) are reported to the Department by the third person. The contribution of TDS to the overall gross direct taxes collections during F.Y.2013-14 was Rs.2,71,069 crore. This is a 17.88% growth over the collections shown under this minor head from Rs.2,29,943 crore during F.Y.2012-13. Thus, TDS now contributes more than 37% to the gross direct taxes collections, emphasizing its ever growing importance.
2. With the Centralized Processing Cell for TDS at Vaishali, Ghaziabad, the TDS administration is now driven through technology support. The CPC-TDS provides comprehensive MIS on compliance behaviour of the deductors, defaults details, PAN errors besides helping the deductor or the Department to identity & rectify mistakes. The strategy to augment revenue through TDS ought to be, therefore, a mix of enforcement, capacity building (external and internal) and leveraging of information that is now available with the Department through the CPC-TDS.
3. With the enablement of all functionalities, available to the TDS Assessing Officer through AO Portal, the Standard Operating Procedure (SOP) specifying the role of Officers, who are associated with TDS administration, becomes necessary. The SOPs have been framed to address the various features in the re-engineered processes in TDS administration. The SOPs have been made on following issues :-
i. Matching the unconsumed challan.
ii. Top deductors paying less/no tax with respect to previous financial years. iii. Resolvable/Collectible TDS Demand.
iv. G-OLTAS reconciliation.
v. Corporate connect for TDS compliance.
U/S 138 of the Income-Tax Act, 1961 - Disclosure of information about taxpayers to media - Circular - Dated 1-1-2015 - Income Tax
OFFICE MEMORANDUM DATED 1-1-2015
Instances have come to the notice of the Board where information pertaining to individual taxpayers has been published in the print media with specific reference to departmental sources. In some cases, even details contained in departmental documents seem to have been shared with the representatives of media.
Attention of all the officers and officials of the Department is drawn to the provisions of section 138 of the Income Tax Act, 1961 read with notifications issued under that section, which obligates that no public servant shall produce before any person or authority any such document or record or any information or computerised data or part thereof as comes into his or her possession during the discharge of official duties unless specifically authorised to do so in accordance with the notifications issued under section 138 from time to time.
I am also directed to draw attention to the provisions contained in section 280 of the Income Tax Act, 1961 which provide that if a public servant furnishes any information or produces any record in contravention of the provisions of section 138(2) of the Income Tax Act, 1961, he or she will be punishable with imprisonment which may extend up to six months and shall also be liable to fine.
Privacy of taxpayer must be respected as the information respecting an assessee is held in fiduciary capacity and maintaining its confidentiality is a statutory obligation of the Department.
All supervisory authorities must sensitise their subordinates about the statutory position and ensure that the Board's directions are complied with both in letter and spirit.
This issues with the approval of Chairperson, CBDT.
06 January 2015
We would like to inform you that it has been decided to extend the last date for complying with the CPE hours requirement for the Calendar Year 2014 - from 31st December, 2014 to 31st March, 2015
04 January 2015
Road Map Revised for Implementation of Indian Accounting Standards for Companies Other Than Banking Companies, Insurance Companies and NBFCs; Notification to Follow Soon
In pursuance of the Budget statement, the Ministry of Corporate Affairs, Government of India after wide consultations with various stakeholders and regulators, has drawn-up a revised Road Map for companies other than Banking Companies, Insurance Companies and Non- Banking Finance Companies (NBFC’s) for implementation of Indian Accounting Standards (Ind AS) converged with the International Financial Reporting Standards (IFRS).
The Indian Accounting Standards (Ind AS) shall be applicable to the companies as follows:
(i)On voluntary basis for financial statements for accounting periods beginning on or after April 1, 2015, with the comparatives for the periods ending 31st March, 2015 or thereafter;
(ii)On mandatory basis for the accounting periods beginning on or after April 1, 2016, with comparatives for the periods ending 31st March, 2016, or thereafter, for the companies specified below:
(a)Companies whose equity and/or debt securities are listed or are in the process of listing on any stock exchange in India or outside India and having net worth of Rs. 500 Crore or more.
(b)Companies other than those covered in (ii) (a) above, having net worth of Rs. 500 Crore or more.
(c)Holding, subsidiary, joint venture or associate companies of companies covered under (ii) (a) and (ii) (b) above.
(iii)On mandatory basis for the accounting periods beginning on or after April 1, 2017, with comparatives for the periods ending 31st March, 2017, or thereafter, for the companies specified below:
(a)Companies whose equity and/or debt securities are listed or are in the process of being listed on any stock exchange in India or outside India and having net worth of less than rupees 500 Crore.
(b)Companies other than those covered in paragraph (ii) and paragraph (iii)(a) above that is unlisted companies having net worth of rupees 250 crore or more but less than rupees 500 Crore.
(c)Holding, subsidiary, joint venture or associate companies of companies covered under paragraph (iii) (a) and (iii) (b) above.
However, Companies whose securities are listed or in the process of listing on SME exchanges shall not be required to apply Ind AS. Such companies shall continue to comply with the existing Accounting Standards unless they choose otherwise.
(iv)Once a company opts to follow the Indian Accounting Standards (Ind AS), it shall be required to follow the Ind AS for all the subsequent financial statements.
(v)Companies not covered by the above roadmap shall continue to apply existing Accounting Standards prescribed in Annexure to the Companies (Accounting Standards) Rules, 2006.
A notification on the above lines shall be issued shortly.
Many companies still grappling with new CSR rules of Companies Act
Realty major DLF, in its 2008 annual report, identified sponsoring the Indian Premier League as part of its responsibility as a corporate citizen. Now, many would believe that the new legislation under the Companies Act
, 2013, has removed many of the loose connotations associated with corporate social responsibility
(CSR), but the fact remains that companies are still grappling with the new rules that are binding from the current fiscal.
Companies with a net worth of Rs 500 crore, or a turnover of Rs 1,000 crore, or net profit of Rs 5 crore, need to spend at least 2 per cent of their average net profit for the immediately preceding three financial years on CSR
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