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We are dependable and trustworthy knowledge
processing partner. Although we are a separate
entity, we are an integrated part of your
organization, like a slice of a wholesome
pie. NEWSLETTER APRIL 2012 (Budget Special)
2- INDEX
- Direct Taxation
- Indirect Taxation
- Corporate and Other Laws
- International Trade and Finance
- Statutory Due Dates for March 2012
3- DIRECT TAXATION Index
- The Finance Minister presented the budget on
16th March 2012. Following are the highlights of
the same - The Finance Minister proposed raising the Income
tax exemption limit for individuals to Rs 2 lakh
per annum from Rs 1.80 lakh. Further he also
increased the limit to Rs 10 lakh under the 20
per cent tax slab. The current limit is Rs 8
lakh. - Individual will have to pay 10 per cent tax on
income between Rs 2 lakh and Rs 5 lakh 20 per
cent between Rs 5 lakh and Rs 10 lakh and 30 per
cent for above Rs 10 lakh. - The exemption limit for the senior citizens
between 60 and 80 years of age will be Rs 2.50
lakh 10 per cent will be levied on income
between Rs 2.5-5 lakh, 20 per cent between Rs
5-10 lakh and 30 per cent above Rs 10 lakh. - For very Senior Citizens (80 years and above),
the income tax exemption limit will be Rs 5 lakh
20 per cent will be levied on income between Rs
5-10 lakh and 30 per cent for above Rs 10 lakh.
Newsletter April 2012
4- DIRECT TAXATION Index
- No deduction is available under Sec 80C towards
insurance premium on the insurance policies
issued after 1st April 2012 where premium exceeds
10 of the actual capital sum assured. - The deduction for spending up to Rs 5,000 on
preventive medical checkups to be allowed within
80Dlimit. These could include blood tests for
diabetes, cardio-vascular tests and so on.
Further 80D will help more elderly individuals
claim higher deductions on health insurance
premium. Section 80D allows tax relief of up to
Rs 15,000 on health insurance premium paid for
self, spouse and children.One can further claim
tax deduction of Rs 15,000 if he/she is paying
premiums for parents' health policy. If the
individual (or parents) are senior citizens, this
limit goes up to Rs 20,000. Earlier, only
individuals above 65 years were considered as
senior citizens for this benefit. The Budget has
lowered the age to 60 years. - Budget proposes to leave savings bank interest up
to Rs 10,000 per year out of the tax net. - The Finance Minister has announced the Rajiv
Gandhi Equity Savings Scheme that will allow
deduction of 50 to new retail investors with an
annual income of less than Rs 10 lakh. To claim
the same, they will have to invest up to Rs
50,000 directly in equities, with the maximum
deduction amounting to Rs 25,000.
5- DIRECT TAXATION Index
- Cash donations in excess of Rs 10,000 will
not be eligible for deduction under Section 80G
80GGA. - Long term capital gains on sale of
residential property not taxable where the net
consideration is reinvested in the equity
of manufacturing small and medium enterprises ad
where other conditions - are met.
- The threshold limit for getting accounts
audited has been proposed to be raised to Rs 1
Crore from Rs - 60 Lakh for businessmen and to Rs 25 lakh
from Rs 15 lakh for professionals. - The threshold limit of total turnover or
gross receipts required to be covered under the
presumptive - tax has also been proposed to be raised
from Rs. 60 lakh to Rs 1 crore. - Tax Returns are made compulsory for
individuals owning assets abroad. Individuals
will also have - to present records of such assets for up
to 16 years if demanded by tax officials. -
Newsletter April 2012
6- DIRECT TAXATION Index
- The Finance Minister has imposed TDS on real
estate deals and gold transactions in cash.1 tax
on cash transactions of bullion and jewellery
worth over Rs 2 lakh will be deducted at source.
Any transfer of immovable property, except
agriculture land, worth over 50 lakh in urban
areas and over 20 lakh in other areas will be
subject to 1 TDS. These withholding taxes on
gold and property will be effective from July and
October respectively. - VDIS (Voluntary Disclosure of income Scheme) is
been introduced and been given the time till 30th
June 2012 to report the black money. The
government has proposed a tax ranging from 30 to
90 on any unexplained sum of money, credit,
investments or expenditures discovered by tax
officials during the course of a search. The
holder will be liable to pay this tax
irrespective of the income bracket. - It is proposed to amend Sec 194Jto provide that
tax is required to be deducted on remuneration to
be paid to Director at the rate of 10 of such
remuneration. (applicable from 1st July 2012 )
Newsletter April 2012
7- DIRECT TAXATION Index
- It is proposed that a person other than a Company
who has claimed deduction under any section
(other than Sec 80P)included in Chapter VI A
under the heading C-Deduction in respect of
certain incomes or under Section 10AA and whose
income is more than Rs 20lakh shall be liable to
pay Alternate Minimum Tax (AMT). The tax is
proposed to be 18.5. - Special Deposit Scheme For Non-Government PF,
Superannuation Gratuity Funds - Notification no. 5(4)-B(PD)2011dated 13th March
2012 notified that the deposits made under the
Special Deposit Scheme for Non-Government
Provident, superannuation and gratuity funds
shall with effect from 1st December 2011 and
until further orders bear interest at 8.6per
annum.
Newsletter April 2012
8- INDIRECT TAXATION Index
- Service Tax
- The rate of Service tax has been increased from
10 to 12 (with effect from 1st April 2012). - Service Tax rate for Composition scheme for
works contract service has been increased to
4.8from 4 (with effect from 1st April 2012). - Rate of Service Tax on life insurance policies is
increased on 1st year premium from 1.5 to 3.
For 2nd year it is 1.5. (with effect from 1st
April 2012). - Time limit for issuance of invoice increased from
14 days to 30 days and 45 days in case of banking
and financial institutes. - Common registration format for service tax and
central excise is proposed. And simplified one
page common return for service tax and excise is
introduced. - The rate of CENVAT reversal for exempt services
has been increased to 6 from 5 presently (with
effect from 1st April 2012). - Now the taxation will be based on what is
popularly known as Negative List of services.
It means any activity meets the characteristics
of service' it is taxable unless specified in
negative list comprising 17 heads. - Also 9 services has been specified as declared
services. - The word service is defined.
-
9- INDIRECT TAXATION Index
- Draft of guidance paper on place of provision of
service is released. They will substitute
existing Export of Service Rules and Taxation of
Service Rules. - The scheme is being introduced for three services
(namely hiring of a motor vehicle designed to
carry passengers, supply of manpower for any
purpose, works contract service) where the
service provider is either an individual or a
firm or LLP and a recipient is a body corporate,
both service provider as well as recipient are
liable to pay service tax. - At present service provider can adjust only 2lakh
out of excess service paid/ deposited. Now this
adjustment is allowed without any monetary limit. - Monthly and quarterly returns are introduced
based on service tax liability and type of
entity. - Now the interest will be levied only when the
wrongly availed credit is utilized. - Limitation period of show cause notice which is
one year at present is been extended to 18
months.
Newsletter April 2012
10- INDIRECT TAXATION Index
- Customs
- DGFT vide Notification no. 106(RE-2010) 2009-14
DATED 12TH March 2012 has withdrawn the earlier
Notification no. 102 imposing ban on export of
cotton and now the export of cotton is free
subject to the condition prior registration of
contract with DGFT. - The method of computation of Education cess and
secondary and Higher Education Cess on imported
goods is being simplified. The portion of cesses
leviable on the CVD portion of customs duty is
being exempted so as to avoid computation of such
cess twice. - The condition is being inserted requiring the
importer of specified goods to declare state of
destination where they are to be sold for the
first time after import and VAT registration
number. This will apply to goods imported on or
after 1st May 2012. - CENVAT credit rules are being amended to permit
transfer of unutilized credit of SAD lying in
balance at the end of each quarter to other
registered premises of the same manufacturer.
(w.e.f 1st April 2012)
Newsletter April 2012
11- INDIRECT TAXATION Index
- With the aim of keeping a tab on the high current
account deficit, finance minister has proposed to
raise the import duty on gold and platinum. The
FM doubled basic customs duty on standard gold
and platinum bars from the existing two per cent
to four per cent, and on non-standard gold from
five per cent to 10 per cent. The duty increase
was also extended to gold ore/concentrate and ore
bars for refining from one per cent to two per
cent. - The basic customs duty /CVD is increased from 60
to 75 on completely built units of large cars
/MUVs/SUVs permitted for import without type
approval.10to 30 on bicycles and 20 on parts
of bicycles. All these increase in duties will
take immediate effect (i.e. from midnight of 16th
March 2012) - Full customs duty exemption is been provided to
new textile machinery and concessional 5 duty is
available to specified textile machinery. - Mega power plant equipments imports will attract
21 customs duty.
Newsletter April 2012
12- INDIRECT TAXATION Index
- Excise
- The standard rate of Central Excise Duty for
non-petroleum products has been enhanced from 10
to 12 ad valorem. - The merit rate of excise duty for non-petroleum
goods that attract 5 duty has been increased to
6. - Similarly rate of duty of 1imposed on 130 items
has been increased from 1 to 2. - 1 levy of Excise Duty on precious metal
jewellary will now be applicable on branded as
well as unbranded goods (except silver jewellary) - Excise duty on small cars is hiked from 10 to 12
and on big cars it is hiked from 22 to 24. - Excise Duty on environment friendly goods has
been reduced from 10 to 6,
Newsletter April 2012
13- CORPORATE AND OTHER LAWS Index
- Registration of Companies or LLPs which have one
of their objects is to carry on the profession of
CA, CWA, CS, Architecture etc. - Vide General circular no. 2/2012, MCA said that
at the time of incorporation of companies where
one of the objects is to carry on the business of
banking, insurance or to practice the profession
of CA, CS, CWA then the concerned Registrar of
Companies shall incorporate the same only on
production of in-principle approval/NOC from the
concerned regulator/professional institute. And
where business or profession is of Architecture
the Registrar shall incorporate the same on
production of in-principle approval/NOC from
concerned regulator. - PAN based DIN
- Ministry of Corporate Affairs vide General
Circular No. 2/2012 dated 9th March 2012 has
further extended the time limit for obtaining PAN
based DIN by the directors to 30th April 2012. -
Newsletter April 2012
14- CORPORATE AND OTHER LAWS Index
- Bank Rate increased
- RBI announced that with effect from the close of
business of 13th February 2012, the bank rate
will stand increased by 350 basis points i.e. 6
to 9.5p.a. - Prior intimation to RBI for raising the aggregate
FII and NRI Limits for investment under the
Portfolio Investment Scheme - RBI vide Circular no. 94 dated March 19, 2012
states that the Indian Company raising the
aggregate FII investment limit of 24to the
sectoral cap/statutory limit as applicable to the
company or raising the NRI Limits for investment
of 10 to 24should necessarily intimate the same
to RBI immediately along with the Certificate
from the company Secretary stating that all
relevant provisions of FEMA and Foreign Direct
Policy as amended from time to time have been
complied with.
Newsletter April 2012
15- INTERNATIONAL TRDAE AND FINANCE Index
- Easier ECB pledging norms to help Infra companies
- In a move, which could provide additional
liquidity to Indian companies and ease borrowing
from outside India, the government is set to
allow promoters of Indian companies to pledge
shares against external commercial borrowings
(ECBs). The move will also ensure additional
security to the ECB lenders and enable
infrastructure companies, who are the highest
recipients of overseas loans, raise ECBs easily.
The move is part of the new Foreign Exchange
Management Act (FEMA) guidelines, which is being
amended after 10 years. However, RBI has directed
that no person would be allowed to pledge shares
if he doesnt have a no-objection certification
(NOC) from a bank, which is an authorised dealer.
Newsletter April 2012
16- STATUTORY DUE DATES FOR APRIL 2012 Index
- Statutory Due Dates Calendar for April 2012
Due Date Statutory Compliance
5th April 2012 Payment of Service Tax/ Excise duty
7th April 2012 Payment of TDS
15th April 2012 Payment of Provident Fund contribution/ Profession Tax
15th April 2011 Filing of Quarterly TDS Return ( January to March Qtr)
25th April 2012 Filing of Service tax Return
21st April 2012 Payment of ESIC/ MVAT
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