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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.

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Title: 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.


1
TM
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
17
Get in Touch
  • www.nyaasa.com
  • 91.98228 70043
  • 91.98231 18326
  • 91.20.3234 1738
  • 91.20.6500 8738
  • contact_at_nyaasa.com

18

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