PRESS RELEASE
New Delhi dated 30th June 2009
The Central Board of Direct Taxes have further decided that the Notification No. 31 of 2009 dated 25.3.2009 amending or substituting Rules 30, 31, 31A and 31AA of the Income Tax Rules, 1962 shall be kept in abeyance for the time being.
Taxpayers filing their income tax returns for assessment year (AY) 2009-10, or any other earlier AY, may continue to file their returns without mentioning the Unique Transaction Number (UTN) as required under the said Notification. The filing of such returns shall be treated as valid and in compliance to the requirements under section 139 of the Income Tax Act, 1961.
Further, the date from which the Notification No. 31 / 2009 shall become applicable on tax deducted at source (TDS) or tax collected at source (TCS) and deposited during the current financial year shall be notified by the Central Board of Direct Taxes subsequently.
All deductors / collectors of TDS / TCS may continue to deposit their TDS / TCS and file their quarterly TDS / TCS returns as per procedure existing prior to issuance of Notification No.31 / 2009 dated 25.3.2009.
Wednesday, July 1, 2009
New TDS rules kept in abeyance
Monday, June 8, 2009
MVAT – Works contract with land (Amendment in MVAT Rules)
FINANCE DEPARTMENT,
Mantralaya, Mumbai 400 032, dated the 1st June 2009
NOTIFICATION
Maharashtra Value Added Tax Act, 2002.
No. VAT-1507/CR-53/Taxation-1.- Whereas the Government of Maharashtra is
satisfied that circumstances exist which render it necessary to take immediate action
further to amend the Maharashtra Value Added Tax Rules, 2005 and to dispense with the
condition of previous publication thereof under the proviso to sub-section (4) of section
83 of the Maharashtra Value Added Tax Act, 2002 (Mah.IX of 2005);
Now therefore, in exercise of the powers conferred by sub-sections(1) and (2)
read with sub-section (3) and the proviso to sub-section (4) of section 83 of the said Act,
and of all other powers enabling it in this behalf, the Government of Maharashtra is
hereby, makes the following rules further to amend the Maharashtra Value Added Tax
Rules, 2005, namely:-
1. These rules may be called the Maharashtra Value Added Tax (Amendment) Rules,
2009.
2. In rule 58 of the Maharashtra Value Added Tax Rules, 2005, after sub-rule (1) the
following sub-rule shall be inserted and shall be deemed to have been inserted with effect
from the 20th June 2006, namely:-
"(1A) In case of a construction contract, where alongwith the immovable
property, the land or, as the case may be, interest in the land, underlying the immovable
property is to be conveyed, and the property in the goods (whether as goods or in some
other form) involved in the execution of the construction contract is also transferred to
the purchaser such transfer is liable to tax under this rule. The value of the said goods at
the time of the transfer shall be calculated after making the deductions under sub-rule (1)
and the cost of the land from the total agreement value.
The cost of the land shall be determined in accordance with the guidelines
appended to the Annual Statement of Rates prepared under the provisions of the Bombay
Stamp (Determination of True Market Value of Property) Rules, 1995, as applicable on
the 1st January of the year in which the agreement to sell the property is registered:
Provided that, deduction towards cost of land under this sub-rule shall not exceed
70% of the agreement value."
By order and in the name of the Governor of Maharashtra.
CHITRA KULKARNI
Officer on Special Duty to the Government.
Friday, May 29, 2009
Govt clears the way for big SEZs
29 May 2009, 0125 hrs IST, Amiti Sen, ET Bureau
NEW DELHI: The government has decided not to apply an area limit of 5,000 hectares for special economic zones (SEZs) if two or more such zones are merged, clearing the way for big SEZs in the country.
In an amendment to the SEZ rules, the government has also allowed developers more freedom on selecting the location by defining ‘vacant land’ where a special zone can be set up as land where there are no functional ports, manufacturing units, industrial activities or structures in which any commercial or economic activity is in progress.
As per the SEZ (second amendment) rules published in the Gazette of India this week, the Centre may consider on merit the clubbing of contiguous (adjoining) existing notified SEZs notwithstanding that the total area of resultant zones exceeds 5,000 hectares.
This is in line with the permission given by the empowered group of ministers (eGoM) on SEZs in the earlier UPA regime to Adani Group’s Mundra SEZ in February this year to merge its three SEZs into a single 6,100-hectare entity.
“The amended rules make room for more such mergers to happen,” said Hitender Mehta, an expert in the Assocham committee on SEZs while welcoming the move. Developers can now set up two or more zones side by side, respecting the individual caps, and later merge them into a much larger special zone.
Confusion over ‘vacant land’
The Indian industry is also relieved that the confusion over the definition of vacant land in the context of SEZs is over. “The incorporation of definition of vacant land in SEZ rules would help a number of developers, as they have been repeatedly asking the government to clarify as to what constitutes vacant land,” said LB Singhal, director general, Export Promotion Council for EoUs and SEZ Units.
Last year, there was a lot of debate between the ministries of finance, commerce and law over what constitutes vacant land, following the finance ministry’s contention that the Essar Group’s steel SEZ in Hazira did not qualify for SEZ benefits since it was built on land that had raised structures.
After several rounds of consultations, the eGoM decided in favour of Essar, stating that since there was no economic activity in the structures when the SEZ was being built, the land would be considered as vacant.
Wednesday, May 27, 2009
US House Panel approves Climate change bill
WASHINGTON, May 21 (Reuters) - President Barack Obama's fight against global warming got a huge boost on Thursday when a key congressional panel embraced his plan to create a new, market-driven system for reducing greenhouse gas emissions.
The House of Representatives Energy and Commerce Committee, with a mostly partisan vote of 33-25, embraced Obama's "cap and trade" climate change initiative -- one of the president's top legislative priorities this year along with healthcare reform.
Representative Henry Waxman, the committee's chairman, said the bill advanced because it had "substantial support from industry, labor and environmental groups from across the country."
Among the major U.S. companies that have endorsed a cap and trade program are Alcoa <AA.N>, DuPont <DD.N>, Caterpillar Inc <CAT.N> and a coalition of electric power companies.
With the panel's vote, the measure moved closer to a vote in the full House, which could occur by August after other committees review and possibly refine the legislation.
Democratic supporters say they want enactment of a bill this year but the outlook in the Senate was unclear.
The White House is hoping that at least significant progress will aid efforts culminating in December in Copenhagen for a new international pact on cutting industrial emissions linked to climate change problems.
"President Obama has made it clear that he wants to go to Copenhagen as the leader and not the laggard, which we have been over the last eight years," said Representative Edward Markey, a Democrat who wrote the bill with Waxman. He was taking a swipe at former President George W. Bush, who refused to sign onto the existing Kyoto Protocol on reducing carbon emissions, saying it would be too harmful to the U.S. economy.
In a statement after the vote on the legislation, Obama said: "We are now one step closer to delivering on the promise of a new clean energy economy that will make America less dependent on foreign oil, crack down on polluters, and create millions of new jobs all across America."
LIMITS ON CARBON EMISSIONS
The roughly 1,000-page bill aims to cut U.S. greenhouse gases that contribute to global warming by 17 percent below 2005 levels by the year 2020 and 83 percent by 2050.
The legislation also requires utilities to generate 15 percent of their electricity supplies by 2020 from renewable energy sources, such as wind and solar power.
The heart of the legislation is a "cap-and-trade" system that would gradually reduce the amount of greenhouse gases from utilities, oil refineries, steelmakers and other companies by requiring them to have permits to spew their emissions.
Supporters of the bill want to use market forces to push companies to reduce their emissions. Companies that pollute above their limit would have to buy permits from less polluting companies, encouraging firms to quickly cut their emissions so they can make a profit from selling the permits that initially will mostly be issued by the government for free.
Republicans argue such a plan would further slow an ailing U.S. economy, raise energy prices for consumers and speed the exodus of manufacturers using large amounts of energy to lower-cost countries such as China and India.
Representative Joe Barton, the senior Republican on the House Energy and Commerce Committee, challenged the central notion that humans contribute to global warming and climate change and he noted the past several years of lower average temperatures.
Some environmentalists complained that the Waxman-Markey bill had become too soft on carbon reductions and alternative energy requirements. At the same time many of the groups applauded what could be the toughest bill politically doable.
Frances Beinecke, president of the Natural Resources Defense Council, said the bill would create "millions of good-paying American jobs" and was "an historic step to unleash clean energy and rein in global warming pollution."
House Republican leader John Boehner has predicted an opposite outcome and said this "national energy tax would have a particularly devastating impact on rural communities across the nation" where fuels make up a large part of agricultural and commuting costs.
During four days of committee debate, Republicans on the committee failed to win new breaks for the nuclear power industry and to kill the cap and trade program.
But they won new breaks for the agriculture, ethanol and oil industry by including government-backed loans to help finance the building of pipelines that carry renewable energy such as ethanol.
Friday, May 22, 2009
Circular No. 03/2009, dtd 21/5/09 – Re. New return forms for AY 2009-10
NEW RETURN FORMS FOR ASSESSMENT YEAR 2009-10 MATTERS CONNECTED THERETO
CIRCULAR NO. 03 / 2009, DATED 21-5-2009
The Central Board of Direct Taxes have, vide notification S.O. No.866 (E) dated 27th, March, notified the following new forms for Assessment Year 2009-10 :-
(i) ITR-1 return of income for individuals having income from salary/ pension/ family pension and not having any other income except income by way of interest chargeable to income-tax under the head Income from other sources;
(ii) ITR-2 return of income for Individuals and Hindu Undivided Families (HUFs) not having any income under the head Profits or gains of business or profession;
(iii) ITR-3 return of income for Individuals and HUFs being partners in firms and not carrying out business or profession under any proprietorship;
(iv) ITR-4 return of income for individual and HUFs having proprietory business or profession;
(v) ITR-5 combined form for return of income and fringe benefits for Firms/ Association of Persons / Body of Individuals;
(vi) ITR-6 combined form for return of income and fringe benefits for companies (other than companies claiming exemption under section 11;
(vii) ITR-7 combined form for return of income and fringe benefits for persons including companies required to furnish return under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D);
(viii) ITR-8 stand alone form for return of fringe benefits for persons who are not required to furnish return of income but are required to furnish return of fringe benefits.
The above return forms are available at http//www.incometaxindia.gov.in.
2. Rule 12 of the Income Tax Rules, 1962 (hereinafter referred to as the said rule) provides for the form and the manner in which the income tax return is required to be furnished.
3. Sub-rule (3) of the said rule provides that return of income/ fringe benefits can be furnished in any of the following manners:-
(i) furnishing the return in a paper form;
(ii) furnishing the return electronically under digital signature;
(iii) transmitting the data in the return electronically and thereafter submitting the verification of the return in Form ITR-V;
(iv) furnishing a bar-coded return in a paper form.
4. Sub-rule (5) of the said rule provides that the return of income/ fringe benefits for assessment year 2008-09 or any earlier assessment years shall be furnished in the appropriate form as applicable in that assessment year.
5 In exercise of the powers conferred by section 139D of the Income Tax Act,1961 (hereinafter referred to as the Act), ( read with clause (eebb) of sub-section (2) of section 295 of the Act, sub-rule (3) of the said rule provides that-
(a) it shall be mandatory for the firms to whom provisions of section 44AB are applicable and for the companies (other than the companies claiming exemption under section 11) to furnish the return of income/ fringe benefits electronically in the manner mentioned at (ii) or (iii) of paragraph 3;
(b) the return of income/ fringe benefits in Form ITR-7 by charitable/ religious trusts, political parties and other non-profit is to be furnished in the paper form only; and
(c) all other taxpayers have the option to furnish the return of income/ fringe benefits in any of the manner mentioned in paragraph 3.
6. In exercise of the powers conferred by section 139C of the Income Tax Act,1961 (hereinafter referred to as the Act), read with clause (eeba) of sub-section (2) of section 295 of the Act, sub-rule (2) of the said rule provides that the returns required to be furnished in above mentioned Forms (except in ITR-7) shall not be accompanied by any attachments/ annexures. Thus, taxpayers should not enclose with these return forms any statement showing the computation of income or tax, copies of balance-sheet, profit and loss account, TDS/ TCS certificates, proof of payment of advance tax or self-assessment tax. However, these documents shall have to be produced before the Assessing Officer on demand by him. The Chief Commissioners of Income-tax/ Commissioners of Income-tax must ensure that documents if any, annexed with these returns or Form ITR-V are detached at the time of receiving these returns/ ITR-V and are returned to the taxpayers immediately.
7. Following clarifications are also issued in respect of certain issues arising from furnishing the returns in the above mentioned forms:
(i) An assessee should obtain the report of audit from an accountant under section 44AB of the Act on or before the due date of the furnishing of the return and should fill out the relevant columns of the return forms on the basis of such report. However, the report of audit should not be attached with the return or furnished separately any time before or after the due date. The assessee should retain the report with himself. If called for by any income-tax authority during any proceeding under the Act, it shall be incumbent upon the assessee to furnish/produce the same in original. No penalty under section 271B shall be initiated or levied for not furnishing the tax audit report on or before the due date. However, if the audit report has not been obtained before the due date, provisions of section 271B shall continue to be attracted.
(ii) These returns are not to be accompanied with any other document including any statutory form or report of audit (other than the report under section 92E), which is otherwise required to be furnished before the due date or along with the return for making any claim. The provisions of the law shall be deemed to have been complied with in respect of the requirement of the filing of the attachments or documents or reports along with the return. No penalty shall be initiated/ levied for not furnishing such documents if such documents were otherwise obtained before the specified date, if any, provided in the statute. All these documents should be retained by the taxpayers. If called for by any income-tax authority during any proceeding under the Act, it shall be incumbent upon the assessee to furnish/produce the same, in original.
(iii) The report as required under section 92E of the Income-tax Act should not be furnished along with the return. However, it should be separately furnished before the date specified in rule 10E.
8. As stated in paragraph 5 above, it is mandatory for a company and a firm liable to audit under section 44AB of the Act to furnish the return electronically. However, electronic filing is optional for other categories of tax-payers. The e-Return has to be furnished at http://incometaxindiaefiling.gov.in. Further, it is advisable, though not mandatory, to use a digital signature for electronically furnishing the return. If the return is electronically furnished under a digital signature, the tax-payer is not required to furnish the Form ITR-V with the Income-tax Department as a follow up to the electronic transmitting of data in the return. Similarly, any return which is digitally signed by the assessee and filed with an E-Return Intermediary (ERI), who, in turn, submits the return to the Income Tax Department under his digital signature, will also be deemed to have been filed under a digital signature of the assessee and no Form ITR-V is required to be submitted. In such cases, the date of electronic transmission of the data in the return shall be the date of furnishing the return.
9. However, if the assessee does not use a digital signature for electronically transmitting the data, he is required to follow-up the electronic transmission of the data by submitting the Form ITR-V with the Income-tax Department as verification of the electronic filing of the return. In such a case, the date of transmitting the data electronically will be the date of furnishing the return if the Form ITR-V is furnished within thirty days after the date of transmitting the data electronically. In case, Form ITR-V, is furnished after the above mentioned period, it will be deemed that the return in respect of which the Form ITR-V has been filed was never furnished and it shall be incumbent on the assessee to electronically re-transmit the data and follow it up by submitting the new Form ITR-V within thirty days.
10. Since the Form ITR-V is bar-coded, assessee is advised not to fold the same and post it in A4 size envelope. The assessee shall furnish the Form ITR-V to the Income-tax Department by mailing it to Income Tax Department CPC, Post Box No - 1, Electronic City Post Office, Bangalore - 560100, Karnataka within thirty days after the date of transmitting the data electronically. The Post Box shall deliver all the Form ITR-V to the Centralized Processing Centre (CPC) of the Income-tax Department in Bangalore. Upon receipt of the Form ITR-V, the CPC shall send an e-mail acknowledging the receipt of Form ITR-V. The e-mail shall be sent in due course to the e-mail address furnished by the tax-payers in his return. No Form ITR-V shall be received in any other office of the Income-tax Department or in any other manner.
11. All returns filed electronically shall be processed, on priority basis, only at the Centralized Processing Centre of the Income-tax Department in Bangalore.
12. Since no documents are required to be furnished along with the return of income, the credit for Tax Deducted at Source (TDS), Tax Collected at Source (TCS), advance tax and self assessment tax (hereinafter collectively referred to as pre-paid taxes) shall be allowed on the basis of information relating to pre-paid taxes furnished in the relevant schedules of the return forms subject to matching with the information provided by the deductor, collector and the banks. Therefore, tax payers are advised to ensure that the information relating to pre-paid taxes is complete in all respect and correct. With a view to enabling the matching of information relating to pre-paid taxes furnished by the tax payers, the Income-tax Department has created a system of Unique Transaction Number (UTN) and Challan Identification Number (CIN). Assesses must ensure that the deductor and the collector have provided them with separate UTNs in respect of each TDS and TCS transaction. Similarly, they must also ensure that the UTN for every TDS and TCS claim in the return is correctly filled in. Similarly, they must ensure that they correctly fill in the CIN in respect of payments of advance tax and self-assessment tax. Further, no disallowance of claim for pre-paid taxes shall be made by the Assessing Officer only on the ground that the TDS/TCS certificates and challans have not been furnished along with the return of income or Form ITR-V.
13. The return of income in Form No. ITR-1 to Form No.ITR-8 for Assessment Year 2009-10 have been notified which require, amongst other, the quoting of the relevant UTN for every TDS or TCS claim made by the assessee. Therefore, the credit for any TDS or TCS claim will be allowed, amongst others, if the assessee quotes the relevant UTN for every TDS and TCS claim and the said UTN matches with the UTN in the database of the Income Tax Department. With a view to enabling the processing of returns relating to financial year 2007-08 (Assessment Year 2008-09) and enabling the assessee to receive the UTN for TDS and TCS transactions in the Financial Year 2008-09 (relevant for Assessment Year 2009-10), the following procedure will be followed: -
(a) National Securities Depository Limited (NSDL) shall assign an UTN for every TDS and TCS transaction record in Financial Year 2007-08 and 2008-09 reported in the quarterly returns received by it.
(b) NSDL will create a facility to e-mail the UTN file to the deductor if the e-mail address of the deductor is available with them. In addition, they will also create a facility for the deductor to download the UTN file.
(c) Upon receipt of the UTN, the deductor will inform the UTN to the deductee. In cases where the UTNs are available to the deductor before the issue of the TDS/TCS certificate to the deductee, the deductor will indicate the UTNs on the certificate. However, if the UTNs are not available to the deductor before the issue of TDS/TCS certificate, the deductor shall, subsequently, send a consolidated statement of all TDS/TCS transactions indicating the UTNs.
(d) NSDL will also create a facility to allow independent viewing of the UTNs by the deductee. As a result, even if the UTNs are not received by the deductee from the deductor, they can be directly obtained from the NSDL database and quoted while making claims of TDS and TCS in the return of income.
14. In the past, instances have come to the notice of the Board that in spite of specific directions contained in the Instructions for filling the return forms, the practice of accepting returns, along with annexures is still continuing. Tax-payers have in the past also complained that staff and officials in certain stations are refusing to accept returns which are not accompanied with annexures. These practices are against the expressed policy of the Government and are not in consonance with the legal provisions. Therefore, it is emphasized that Chief Commissioners of Income Tax must ensure strict compliance with the provisions of law. It may be reiterated that all annexures accompanying the income tax return forms should be detached and returned to the tax payers by the receiving official.
15. The contents of this circular are for strict compliance by all officers and staff of the Income Tax Department. Any violation by the officers and staff of Income Tax Department will be seriously viewed.
Circular No. 2/2009 dtd. 21/5/2009 – Re. New TDS & TCS payment
NEW TDS AND TCS PAYMENT AND INFORMATION REPORTING SYSTEM- NOTIFICATION NO. 858(E), DATED 25th MARCH, 2009 PUBLISHED IN OFFICIAL GAZETTE
CIRCULAR NO. 02 / 2009, DATED 21-5-2009
The Finance Act, 2008 inserted a new sub-section (1A) in section 143 of the Income-tax Act, 1961 empowering the Board to make a scheme for centralised processing of returns with a view to expeditiously determining the tax payable by, or the refund due to, the assessee. For the purposes of enabling centralised processing of returns, it is necessary to ensure the integrity of the database, in particular, the information relating to tax deduction at source, advance tax and self assessment tax.
2. One of the fundamental principles of financial accounting is that if a person claims credit for payment of money to a third person, the credit should be allowed only if the payment and the information relating to the transaction have been received from the third person. The advance tax and self assessment tax is paid directly by the assessee by filling a challan which bears a unique Challan Identification Number (CIN) and the PAN of the assessee. These two number systems are used to cross verify the claim of tax payment made by the assessee and allow appropriate credit.
3. In the context of TDS, the first best principle is that no claim for TDS / TCS should be admissible unless the deductor / payer has paid the amount so deducted / collected to the credit of the Central Government and the information relating to the transaction is received. Since the business process of the Income Tax Department was manually organised and the volume of TDS related information was large, it was not feasible to undertake 100 per cent matching of TDS claims with information furnished by the deductor. Consequently, the Income Tax Department adopted a risk management strategy for allowing claim for TDS as a second best option. With the advances in information technology, it is technically feasible to design a business process which would enable 100 per cent matching in real time, thereby, eliminating the risk. Pursuant to the recommendation of the Task Force on Direct Taxes (chaired by Dr. Kelkar), as a first step in this direction, the deductors were required to electronically furnish the TDS related information (through the NSDL). This system was introduced in early 2004 as one of the modules of the Taxpayer Information Network (TIN).
4. The quantity and quality of data flowing through this module is far from satisfactory. The data is largely unverifiable. The matching of the deduction reported by the deductor and claimed by the deductee assessee continuous to be poor for the following reasons:-
(i) Non-compliance, especially by Government deductors, with TDS return filing requirement.
(ii) Low quoting of PAN number in TDS returns that are filed on account of non-furnishing of PAN by deductees to their deductors and negligence by deductors.
5. Unlike in the case of advance tax and self assessment tax, the TDS information does not bear a unique transaction identification number. As a result, the PAN forms the only basis for matching. To the extent PAN quoting is inadequate or deficient, it is not feasible to match the claim made by the deductee assessee with the TDS information reported by the deductor. Hence, it becomes necessary to make ad-hoc rules for allowing credit for TDS or in the alternative, interface with the assessee for physical verification of the TDS certificate. Both these approaches are flawed since there is no reconciliation of deductees claim with the information provided by the deductor and the integrity of the system is questionable. The efforts of the Income Tax Department over the last four years for improving the TDS and TCS database have not yielded desired result.
6. Further, Government (both Central and State together) is the largest deductor of tax being the largest employer and the largest spender on works contract. Under the extant procedure, tax deducted by the Central Government departments is paid to the account of the Central Government through book transfer. Unlike other deductors, these departments do not make any direct payment of the TDS amount in the banks. Similarly, the Central Government Ministries, departments and their sub-ordinate and attached offices are large scale defaulters in complying with the TDS information reporting requirements. Even the certificates issued by these organisations are often illegible and of poor quality. Hence, these are unreliable. This has been a constant source of public grievance. It also creates an opportunity for interface with the taxpayer. This process also does not assure the department of the legitimate revenues and enforce compliance. Hence, the mechanism of payment of tax so deducted and compliance with the reporting requirements is not satisfactory.
7. Unlike the Central Government, the State Government is required to make a consolidated payment of the TDS amount in respect of all its deductors and deductions directly into the Reserve Bank of India. This is done by the Accountant General of the State. As a result, there is no correlation between the deduction, payment and reporting. Further, compliance by State Governments with the TDS information reporting requirement is no better than in the case of the Central Government.
8. In the light of the above, the Department adopted the second best option of a risk management strategy for allowing TDS claims. Under this strategy, the Department has been allowing credit for TDS claims even though the transactions do not fully match/reconcile with the information provided by the deductor. Further, the Department have also been unable to undertake follow up verification of such claims at the deductors end on account of inadequate resources. As a result the system is vulnerable and exposes public revenues to extreme risk of fraud and leakage.
9. With a view to resolving the problems in granting credit for pre-paid taxes, the Central Board of Direct Taxes constituted a sub-group to analyse the various problems in granting credit for prepaid taxes and make appropriate recommendations. According to the Sub-group, the problem of matching and reconciliation of prepaid taxes is rooted in the three sets of data pertaining to TDS entering the system separately at different times from different sources, thus causing mismatch. Therefore, the Sub-group recommended that the problem can be solved if the agency receiving the TDS amount and the TDS returns (and the documents by which this is done) is the same. In such a situation the TDS payments can be immediately credited to the accounts of the deductees by the agency handling both the operations. For example, if the detailed list giving break-up and identity particulars of deductees are given to the bank along with the TDS challans for the consolidated amount of TDS at the time of payment, the accounts of deductees can be simultaneously credited, thus eliminating the reconciliation issues between challan data in OLTAS and in TDS returns. Owing to the advances in technology, it is now feasible to implement this recommendation.
10. The Sub-group also examined the issue of granting credit for TDS deducted by government deductors and recommended that Central Government deductors should also be brought into the discipline of deposit of TDS in bank accounts like other deductors.
11. As stated above, the Government has introduced the centralised processing of returns which envisages no interface with the taxpayer. Further, the processing is also required to be done in an automated jurisdiction-less manner. Therefore, it is necessary to have in place a perfect TDS payment and information reporting system so as to optimise the efficiency of the centralised return processing system. It is imperative to move to the first best solution to also minimize the risk of financial fraud. This is in the interest of all stakeholders Government, Income-tax Department and taxpayers. Therefore, the Board have decided that, henceforth, claim for TDS and TCS shall be allowed only if the
(i) amount has been deposited by the deductor / collector;
(ii) information relating to the deductee has been furnished by the deductor / collector; and
(iii) claim matches the information furnished by the deductor / collector.
12. With a view to enabling the implementation of the aforesaid decision, the TDS and TCS payment and information reporting system has been redesigned vide notification No. 858(E) dated 25th March, 2009 published in Official Gazette. The salient features of the new TDS and TCS payment and information reporting system are the following: -
(i) The new system has been harmonized for all deductors (including Central and State Governments). Therefore, like non-governmental tax deductors, every deductor in the Central and State Government have also been made responsible for making direct payment of TDS in the bank. They are no longer allowed to make payments of the TDS and TCS by making book adjustments or consolidated payments. As a result, the TDS payment and information reporting system will be uniform across deductors.
(ii) Rule 30 and Rule 37 CA of the Income-tax Rules, 1962 have been substituted to provide, inter alia, for the following: -
(a) All sums of tax deducted at source under Chapter XVII-B and of tax collected at source under Chapter XVII-BB shall, in general, be paid to the credit of the Central Government within one week from the end of the month in which the deduction, or collection, is made. Similarly, the same time limit for payment will also apply for income-tax due under sub-section (1A) of section 192.
(b) It is mandatory for all deductors (including Central Government and State Governments) to pay the amount by electronically remitting it into the RBI, SBI or any authorized bank.
(c) It is mandatory for all deductors (including Central Government and State Governments) to make the payment by electronically furnishing an income-tax challan in Form No. 17.
(iii) In the process of electronically furnishing the income-tax challan in Form No. 17, the deductor will be simultaneously required to furnish to the Taxpayer Information Network (TIN) system maintained by National Securities Depository Limited (NSDL) either through screen based upload or file upload, three basic information relating to the deduction i.e., PAN, name of the deductee and amount of TDS/TCS.
(iv) Upon successful remittance of the TDS/TCS to Central Government account and the uploading of the basic information as mentioned above to the TIN system, every deduction record will be assigned a unique transaction number (UTN).
(v) NSDL will create a facility to e-mail the UTN file to the deductor if the e-mail address of the deductor is available with them. In addition, they will also create a facility for the deductor to download the UTN file.
(vi) The UTN will be required to be quoted by the deductor on the TDS/TCS certificate issued by him to the deductee.
(vii) NSDL will also create a facility to allow independent viewing of the UTNs by the deductee.
(viii) With a view to enabling the Income Tax Department to monitor compliance by the deductor with the TDS provisions, every person (including Central Government and State Government) who has obtained a Tax Deduction or Collection Account Number (TAN) shall electronically furnish a quarterly statement of compliance with TDS provisions in Form No. 24C. It is mandatory for all TAN holders to furnish this form irrespective of whether any payment liable to TDS has been made or not. This form shall be furnished on or before the 15th July, the 15th October, the 15th January in respect of the first three quarters of the financial year, respectively, and on or before the 15th June following the last quarter of the financial year. This e-form No. 24C has to be furnished at http://incometaxindiaefiling.gov.in. The first quarter in respect of which Form 24C is required to be furnished is the quarter ending on 30th June, 2009.
(ix) In order to enable the deductor to furnish the UTN to the deductee, the existing Form 16 and Form 16A have been appropriately modified.
(x) The quarterly returns of TDS and TCS hitherto required to be filed in Form No. 24Q, Form No. 26Q, Form No. 27Q and Form No. 27EQ shall now be required to be filed for all quarters on or before the 15th June following the Financial Year. Effectively, the quarterly returns have now been replaced by an annual return.
13. The above new system will be effective for all tax deducted at source or tax collected at source on or after the 1st April, 2009. However, any TDS or TCS effected on or after the 1st April, 2009 but not later than 31st May, 2009 shall continue to be paid to the credit of the Central Government by using the old challan form. The TDS or TCS effected on or after the 1st June, 2009 shall be required to be paid electronically by electronically furnishing income tax challan in Form No. 17.
14. Where the payment of TDS or TCS effected on or after the 1st April, 2009 but not later than 31st May, 2009 is paid to the credit of the Central Government by using the old challan form, the deductor / collector shall, nevertheless, be required to fill up Form No.17 in respect of such payments any time between 1st July, 2009 to 15th July, 2009. Therefore, the deductors/collectors are advised to prepare the schedule relating to details of TDS / TCS from deductees in Form No.17 in advance (in an excel sheet) and be in a state of preparedness to file the same by 15th July, 2009 so that the UTNs relating to TDS / TCS transactions carried out in the month of April and May can be generated / obtained for onward transmission to the deductees.
15. Further, a deductor can split the total amount of TDS and TCS which he is required to deposit to the credit of the Central Government so that every deposit to the account of the Central Government is made through a separate challan in Form 17. For example, if a deductor is liable to deposit Rs. 1 lakh, he can split the amounts into four payments of Rs 25000/- each and deposit each of the amounts through a separate challan in Form 17 at four different times.
16. The return of income in Form No. ITR-1 to Form No.ITR-8 for Assessment Year 2009-10 have been notified which requires, amongst other, the quoting of the relevant UTN for every TDS or TCS claim made by the assessee. Therefore, the credit for any TDS or TCS claim will be allowed, amongst others, if the assessee quotes the relevant UTN for every TDS and TCS claim and the said UTN matches with the UTN in the database of the Income Tax Department. With a view to enabling the processing of returns relating to Financial Year 2007-08 (Assessment Year 2008-09) and enabling the assessee to receive the UTN for TDS and TCS transactions in the Financial Year 2008-09 (relevant for Assessment Year 2009-10), the following procedure shall be followed: -
(a) National Securities Depository Limited (NSDL) shall assign an UTN for every TDS and TCS transaction records in Financial Years 2007-08 and 2008-09, reported in the quarterly returns received by it.
(b) NSDL will create a facility to e-mail the UTN file to the deductor if the e-mail address of the deductor is available with them. In addition, they will also create a facility for the deductor to download the UTN file.
(c) Upon receipt of the UTN, the deductor will inform the UTN to the deductee. In cases where the UTNs are available to the deductor before the issue of the TDS/TCS certificate to the deductee, the deductor will indicate the UTNs on the certificate. However, if the UTNs are not available to the deductor before the issue of TDS/TCS certificate, the deductor shall, subsequently, send a consolidated statement of all TDS/TCS transactions indicating the UTNs.
(d) NSDL will also create a facility to allow independent viewing of the UTNs by the deductee. As a result, even if the UTNs are not received by the deductee from the deductor, they can be directly obtained from the NSDL database and quoted while making claims of TDS and TCS in the return of income.
17. TDS certificates were hitherto required to be issued in Form 16 or Form 16A as the case may be. Similarly, TCS certificates were issued in Form 27D. These forms have been substituted by the new Form 16, Form 16A and Form 27D with effect from the 1st day of April, 2009. In the new Forms, it is mandatory for the deductor/collector to quote, inter-alia, the UTN. Therefore, where the certificate is required to be issued in respect of deduction or collection made before the 1st April, 2009, the deductor/collector may adopt any of the following course of action:-
(a) The deductor/collector may issue certificate of deduction or collection in the Form 16, Form 16A or Form 27D, as the case may be, as it existed prior to 1st April, 2009 and send a consolidated statement of UTNs to the deductee/buyer/lessee etc., as soon as the same is received by him; or
(b) The deductor/collector may issue certificate of deduction or collection in the new Form 16, Form 16A or Form 27D, as the case may be.
18. Rule 31 of the Income Tax Rules, as it existed prior to its substitution, provides that, in general, the TDS certificates in Form 16 and Form 16A should be issued within one month from the end of the month in which the deduction is made. Similarly, Rule 37D, as it existed prior to its substitution, provides that, in general, the TCS certificates in Form 27D should be issued within one month from the end of the month in which the collection is made. Therefore, if the deductor/collector chooses to adopt the course specified in item (b) of para 13 above, the TDS/TCS certificate may be issued beyond the stipulated period of one month but not later than 30th June, 2009.
19. As regards, TDS/TCS certificates in respect of deduction or collection effected on or after the 1st April, 2009, it is mandatory to issue the certificates in the new Forms and quote the UTN relating to the TDS/TCS transactions.
20. As stated above, a new Form 24C has been notified to monitor compliance with the provisions of TDS/TCS. The first part of the Form relates to personal information and filing status. The Schedule COM-I relates to details of TDS/TCS compliance in the first month of the relevant quarter. Likewise details of TDS/TCS compliance for the second and third month of the relevant quarter would have to be reported in Schedule COM-2 and Schedule COM-3 respectively. In this Schedule in column (3), for example, against section 194A in column (1), the TAN holder is required to furnish the total amount of interest paid during the month. Let us assume that this total amount is Rs. 1 crore. In column (4) of the corresponding entry, the deductor is required to furnish the total amount on which TDS was liable or eligible to be deducted out of Rs. 1 crore. As is well known, no TDS is required to be deducted if the interest payment is less than Rs. 10,000. If the total of the amounts of interest payment/credit less than Rs. 10,000 is Rs. 30 lakhs, then the deductor must report in column (4) an amount of Rs. 70 lakhs (Rs. 1 crore Rs. 30 lakhs). In column (5), the deductor has to report that the total amount on which tax was deducted at prescribed rate out of the amount reported in column (4). In the instant case the rate of tax to be deducted at source is 11.33 percent (including surcharge and education cess). However, in many instances the recipients of interest exceeding the threshold limit of Rs. 10,000/- would either furnish certificate for non deduction of tax or deduction at a lower rate than the prescribed rate. Let us assume that the amount of interest paid to such recipients is Rs. 15 lakhs. Therefore, the amount of interest payment liable to TDS at the prescribed rate would be Rs. 55 lakhs (Rs. 70 lakhs Rs. 15 lakhs), which is required to be reported in column (5). Since the prescribed rate is 11.33%, and the amount of interest liable to TDS at the prescribed rate is Rs. 55 lakhs, the amount of TDS on such payment is Rs. 6,23,150/-. This amount is required to be reported in column (6). In column (7), the deductor is required to report the amount of Rs. 15 lakh i.e., the amount of interest payment liable to TDS at less than the prescribed rate. Let us assume that the TDS at nil or lower rate on the amount of Rs. 15 lakh is Rs. 50,000/-. This amount would be required to be reported in column (8). The total amount of TDS of Rs. 6,73,150/- (Rs. 6,23,150 + Rs. 50,000) is required to be reported in column (9). The above example is reproduced below in the tabular form as would appear in Form 24C:-
| Section | Nature of payment | Total Expense or Capital outgo under the section | Total Amount on which TDS / TCS was liable or eligible to be deducted or collected out of (3) | Total Amount on which tax was deducted or collected at prescribed rate out of (4) | Amount of tax deducted or collected on (5) | Total Amount on which tax was deducted or collected at less than prescribed rate out of (6) | Amount of tax deducted or collected on (7) | Total Amount =(6) + (8) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| 194A | Interest other than interest on securities | 1,00,00,000 | 70,00,000 | 55,00,000 | 6,23,150 | 15,00,000 | 50,000 | 6,73,150 |
21. Form 24C is required to be furnished by all TAN holders irrespective of whether a TDS/TCS transaction has been effected during the quarter or not. In the event of the column (3) of the Schedules in From 24C is zero for all nature of payments, the deductor/collector should specify in the section on filing status in Form 24C that it is a case of Nil Return and it would not be necessary to fill in the Schedules.
22. In Schedule PAY of Form 24C, the deductor/collector is required to indicate the details of the payment of the TDS/TCS to the credit of the Central Government.
23. The new TDS and TCS payment and reporting system will enable faster payment, accurate accounting and uniformity across deductors. It will facilitate accurate, quicker and full credit for taxes paid enabling faster refunds to taxpayers. It will also minimize interface of tax administration with taxpayers and intermediaries, thereby eliminating any opportunity for rent seeking behaviour.
Wednesday, May 13, 2009
New TDS notification postponed – Press release
Press release
No.402/92/2006-MC (11 of 2009)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
PRESS RELEASE
The Central Board of Direct Taxes have decided to defer the implementation of Notification No.31/2009 dated 25.3.2009 amending or substituting Rules 30, 31, 31A and 31AA of the Income Tax Rules, 1962. The amended / substituted Rules will now come into effect on 1st July 2009 instead of 1st April 2009.
Tax deductors / collectors may continue to deposit TDS / TCS tax and file TDS / TCS returns as per the pre-amended provisions in the interim period.
Thursday, May 7, 2009
CLARIFICATION ON FORM 17 SOUGHT BY ICAI
5th May, 2009
Mr. S.S.N. Moorthy,
Chairman
Central Board of Direct Taxes
Department of Revenue
Ministry of Finance
Government of India
North Block
New Delhi – 110 001
Respected Sir,
Sub: Clarification regarding new Form No.17
The Income-tax Rules relating to time and mode of payment to Government account of -
(1) tax deducted at source; or
(2) tax paid under Chapter XVII-B; or
(3) tax collected at source under Chapter XVII-BB
have been amended vide the Income-tax (8th Amendment) Rules 2009 with effect from 1st April, 2009.
The two significant requirements arising as a consequence of such amendments are as follows –
(1) The new Rules [namely, Rule 30(4) and Rule 37CA(2)], inter-alia, mandatorily require the person responsible for making deduction, or payment of tax, under Chapter XVII-B, and the person responsible for making collection under Chapter XVII-BB, to electronically furnish an income-tax challan in new Form No.17 within the specified time.
(2) Further, new Rules 30(1)(b) and 37CA(1) provide that all sums deducted in accordance with the provisions of Chapter XVII-B and all sums collected in accordance with the provisions of Chapter XVII-BB should be paid to the credit of the Central Government within one week from the end of the month in which the deduction or collection is made.
From a combined reading of both the requirements [i.e. (1) and (2)] above, it is clear that remittances have to be made by the 7th of the succeeding month in new Form No.17. Therefore, the tax deducted and collected during the month of April, 2009 have to be remitted latest by 7th May, 2009 in new Form No.17.
However, the new Form No.17 has not yet been uploaded in the payment gateway on the site www.incometaxindia.gov.in. Only the old challan 281 is available on the website.
Therefore, we request you to clarify whether remittances can be made using the old challan 281. This clarification is required on an urgent basis since the new rules make it mandatory to furnish income-tax challan in new Form No.17 and only two more days are available to comply with this requirement.
Warm regards,
Yours sincerely,
Sd/-
CA. Uttam Prakash Agarwal
Saturday, May 2, 2009
MVAT - Date of efiling VAT Returns Extended up to 10th May 2009
Date of efiling MVAT Returns extended up to 10th May 2009
Trade Cir. No. 16 T of 2009
No.VAT/VAT Ret/ Mumbai, Dt.30.04.2009
Sub: Relaxation of the due date for the uploading of e returns for the period ending March 2009
Ref: Trade Circular No 16T of 2008 dated 23-4-2008.
Gentlemen/Sir/Madam,
1. The due date for filing of returns of all periodicities for the period ending March 2009 is 21st April 2009, as provided in Rule 17 under the Maharashtra Value Added Tax Rules, 2005.
2. After the introduction of the e returns, the dealers were required to make the payment of tax within the periodicity prescribed for the returns, but were permitted to upload the e returns within 10 days from the due date prescribed in the said Rule 17 (Please refer Trade Circular No 16T of 2008) The dealers, who paid the tax within the due date and uploaded the e return within the aforesaid period were not treated as late filers.
3. In April 2009, dealers with six monthly tax liability are also being covered under the scope of e returns for the period ending 31st March 2009. Thus, in the month of April 2009, all the VAT dealers in Maharashtra would be uploading e returns. Perhaps, this could be first time in the history of Indian taxation, that such a large number of dealers would be filing e returns.
4. We have received certain representations requesting that quite a sizeable number of dealers could not file the e returns up to 30th April 2009, even though they were willing to file the same due to various factors such as not being conversant with the electronic process, load shedding in certain parts of the state, lack of awareness etc. We have received the requests that the time limit for uploading the e returns may be extended up to 10th May 2009.
5. In view of the above situation, the dealers are now being permitted to upload the e returns up to 10th May 2009. It goes without saying that the penalty shall not be levied only if the dealer has paid the taxes for the said period within the due date prescribed under Rule 17 of the MVAT Rules. The dealers who have failed to pay the taxes within the prescribed period could always be liable to the penalty for late filing of returns.
6. This circular cannot be made use of for legal interpretation of provisions of law, as it is clarificatory in nature. If any member of the trade has any doubt, he may refer the matter to this office for further clarification.
7. You are requested to bring the contents of this circular to the notice of the members of your association.
Yours faithfully,
(SANJAY BHATIA)
Commissioner of Sales Tax,
Maharashtra State, Mumbai.
Friday, April 24, 2009
Depreciation on new commercial vehicles – date extended
Income-tax (Eleventh Amendment) Rules, 2009 - Amendment in New Appendix 1
\NOTIFICATION NO. 37/2009 [F.No.142/01/2009-TPL],
DATED 21-4-2009
In exercise of the powers conferred by section 295 of the Income
-tax 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. (1) These rules may be called the Income-tax (Eleventh Amendment) Rules, 2009.
(2) They shall come into force with effect from the 1st day of April, 2010.
2. In the Income-tax Rules, 1962, in the Table to New Appendix 1, in Part-A relating TANGIBLE ASSETS, under the heading III, MACHINERY AND PLANT, in sub-item (via) of item (3), for the words and figures “1st day of April, 2009”, the words and figures “1st day of October, 2009” shall be substituted at both the places.
Thursday, April 16, 2009
Amendment in Form 3CD - Notification No. 36/2009 dtd. 13/4/2009
Income-tax (Tenth Amendment) Rules, 2009 - Amendment in Form No. 3CD
NOTIFICATION NO. 36/2009, DATED 13-4-2009
In exercise of the powers conferred by section 295 read with section 44AB of the Income-tax 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. (1) These rules may be called the Income-tax (Tenth Amendment) Rules, 2009.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962, in Appendix II, in Form No. 3CD, after item 17, the following shall be inserted, namely :–
“17A. Amount of interest inadmissible under section 23 of the Micro, Small and Medium Enterprises Development Act, 2006.”
[F.No. 149/86/2008 –TPL]
Wednesday, April 15, 2009
Most Important Announcement for Audit firms of Listed Companies - (08-04-2009)
Members may be aware that the Council had accepted the recommendation of Securities & Exchange Board of India (SEBI) that audit of listed companies shall be carried out by the auditors who have undergone Peer Review Process and have been issued Peer Review Certificate by the Peer Review Board
The above decision is effective for accounting periods commencing on or after April 1, 2009.
Consequent to the above decision, all the auditors of Listed Companies are required to undergo Peer Review Process and get Peer Review Certificate issued from the Peer Review Board.
The Peer Review Board is making all out efforts to cover those audit firms, which are not yet selected for Peer Review Process. While the Board will be sending a letter to each such audit firm, it will be in the professional interest of such firms to immediately get selected for Peer Review by emailing us the following information at email id peerreviewboard@icai.org;
- Name of the Firm
- FRN or Membership No. in case of Proprietor firm.
- Latest Contact details i.e. complete address, Tel No with STD Code, Mobile No. & email id.
The Firms who have already been selected under the Peer Review Process and their review is in progress at different stages may also hasten up their Peer Review Process and ensure that their Final report is submitted by the Reviewer to the Board. Such firms are requested to furnish the above details at S.No.1 to 3. along with their present status of review.
In order to complete the Peer Review Exercise timely and smoothly all the audit firms of listed companies and their Reviewers are hereby requested to expedite their Peer Review Process.
For any assistance or guidance, please feel free to contact:
CA. K. RaghuChairman,
Peer Review Board
CA. Uttam Prakash Agarwal
President, ICAI
Monday, April 6, 2009
CBDT has notifed new Income Tax forms for FY 2008-09 (AY 2009-10)
New ITR Forms Form ITR 1, Form ITR 2, Form ITR 3, From ITR 4, Form ITR 5, Form ITR 6, Form ITR 7, Form ITR 8, and ITR V, will be available on Income Tax website very soon. The detail notification is as under.
Notification - Income Tax - AllIncome-tax (9th Amendment) Rules, 2009
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF DIRECT TAXES
NOTIFICATION NO. 32/2009 Dated: March 27, 2009
INCOME-TAX
SO. (E).- In exercise of the powers conferred by section 295 of the Income-tax 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) These rules may be called the Income-tax (9th Amendment) Rules, 2009.
(2) They shall come into force on the 1st day of April, 2009.
2. In the Income-tax Rules, 1962,
(a) in rule 12,-
(i) in sub-rule (1), for the words, figures and letters "on the 1st day of April, 2008", the words, figures and letters "on the 1st day of April, 2009" shall be substituted;
(ii) in sub-rule (5), for the words, figures and letters "on the 1st day of April, 2007", the words, figures and letters "on the1st day of April, 2008" shall be substituted;
(b) in Appendix- II, for Form ITR 1, Form ITR 2, Form ITR 3, From ITR 4, Form ITR 5, Form ITR 6, Form ITR 7, Form ITR 8, and ITR V, the following forms shall be substituted
Monday, March 30, 2009
Furnishing of information under sub-section (6) of section 195
Notification No. 30/2009 [F. No. 142/19/2007-TPL]/S.O. 857(E), dated 25-3-2009
In exercise of the powers conferred by section 295 read with sub-section (6) of section 195 of the Income-tax Act, 1961, the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1. (1) These rules may be called the Income-tax (Seventh Amendment) Rules, 2009.
(2) They shall come into force with effect from 1st July, 2009.
2. In the Income-tax Rules, 1962, after rule 37BA, the following rule shall be inserted, namely:—
"Furnishing of information under sub-section (6) of section 195.
37BB. (1) The information under sub-section (6) of section 195 shall be furnished by the person responsible for making the payment to a non-resident, not being a company, or to a foreign company, after obtaining a certificate from an accountant as defined in the Explanation to section 288 of the Income-tax Act, 1961.
(2) The information to be furnished under sub-section (6) of section 195 shall be in Form No. 15CA and shall be verified in the manner indicated therein and the certificate from an accountant referred to in sub-rule (1) shall be obtained in Form No. 15CB.
(3) The information in Form No. 15CA shall be furnished electronically to the website designated by the Income-tax Department and thereafter signed printout of the said form shall be submitted prior to remitting the payment.
(4) The Director-General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture, transmission of data and shall also be responsible for the day-to-day administration in relation to furnishing the information in the manner specified."
FORM NO. 15CA
(See rule 37BB)
Information to be furnished under sub-section (6) of Section 195 of the Income-tax Act, 1961 relating to remittance of payments to a non-resident or to a foreign company
Ack. No -
Part A
GENERAL
INFORMATION : REMITTER
Name of Remitter (Person responsible
For making payment u/s 195 of IT Act, 1961)
PAN of Remitter
Flat/Door/Block No.
Name of Premises/Building/Village
TAN of Remitter
Road/Street/Post Office
Area/Locality
Status-
Write 1 if company, Write 2 if firm, and write 3 if others
In case of company-If domestic, write ‘1’ and if other than domestic, write ‘2’
Town/City/District
State
Pin code
Principal Place of Business
Email Address
(STD code)-Phone Number
( )
Area Code
AO Type
Range Code
AO No
INFORMATION : RECIPIENT OF REMITTANCE
Name of recipient of Remittance
PAN of recipient of Remittance
Complete Address:
Country to which remittance is made :
Status-
Write 1 if company, write 2 if firm, and write 3 if others
Principal Place of Business
In case of company- If domestic, write ‘1’ and if other than domestic, write ‘2’
Email Address
(ISD code)-Phone Number
( )
INFORMATION : ACCOUNTANT
(a)
Name of the Accountant* signing the certificate
(b)
Name of the proprietorship/ firm of the Accountant
(c)
Address
(d)
Registration no. of the Accountant
(e)
Date of Certificate : (DD/MM/YYYY)
**Certificate No :
* Accountant (other than an employee) shall have the same meaning as defined in the Explanation to Section 288 of Income-tax Act, 1961.
** Please fill the serial number as mentioned in the certificate of the accountant.
For Office Use Only
For Office Use Only
Receipt No.
Date
Seal and Signature of receiving official
Part B
PARTICULARS OF REMITTANCE AND TDS (as per certificate of the Accountant)
PARTICULARS OF REMITTANCE AND TDS
1.
Country to which remittance is made
Country:
Currency:
2.
Amount of remittance
In foreign currency
In Indian Rs.
3.
Name of the bank
Branch of the bank
4.
BSR Code of the bank branch (7 digit)
5.
Proposed date of remittance
(DD/MM/YYYY)
6.
Amount of TDS
In foreign currency
In Indian Rs.
7.
Rate of TDS
As per Income-tax Act (%)
As per DTAA (%)
8.
Actual amount of remittance after TDS
In foreign currency
In Indian Rs.
9.
Date of deduction of tax at source
(DD/MM/YYYY)
10.
Nature of remittance as per agreement/ document
11.
In case the remittance is net of taxes, whether tax payable has been grossed up?
(Tick) Ö Yes No
12.
If the remittance is for royalties, fee for technical services, interest, dividend, etc., please indicate:-
(Tick) Ö Yes No
(a) The clause of the relevant DTAA under which the remittance is covered along with reasons
Clause of DTAA
(b) Rate of TDS required to be deducted in terms of such clause of the applicable DTAA
As per DTAA (%)
(c) In case TDS is made at a lower rate than the rate prescribed under DTAA, reasons thereof
13.
In case remittance is for supply of articles or things (e.g. plant, machinery, equipment etc.), please indicate,
(Tick) Ö Yes No
(a) Whether the recipient of remittance has any permanent establishment (PE) in India through which the beneficiary of the remittance is directly or indirectly carrying on such activity of supply of articles or things?
(Tick) Ö Yes No
(b) Whether such remittance is attributable to or connected with such permanent establishment
(Tick) Ö Yes No
(c) If the reply to Item no. (b) above is ‘yes’, the amount of income comprised in such remittance which is liable to tax.
(d) If not, the reasons in brief thereof.
14.
In case the remittance is on account of business income, please indicate:-
(Tick) Ö Yes No
(a) Whether such income is liable to tax in India
(Tick) Ö Yes No
(b) If so, the basis of arriving at the rate of deduction of tax.
(c) If not, the reasons thereof.
15.
In case any order u/s 195(2)/ 195(3)/ 197 of Income-tax Act has been obtained from the Assessing Officer, details thereof:
(Tick) Ö Yes No
(a) Name and Designation of the Assessing officer who issued the order/ certificate
(b) Date of the order/ certificate
(DD/MM/YYYY)
(c) Specify whether u/s 195(2)/ 195(3)/ 197 of I T Act
16.
In case of any other remittance, if tax is not deducted at source for any reason, details thereof.
VERIFICATION
I/We, _____________________________________(full name in block letters), son/ daughter of ______________________________solemnly declare that the information given above is true to the best of my/our knowledge and belief and no relevant information has been concealed. I/We certify that a certificate has been obtained from an accountant, particulars of which are given in this Form, certifying the amount, nature and correctness of deduction of tax at source. In a case where it is found that the tax actually deductible on the amount of remittance has not been deducted or after deduction has not been paid or not paid in full. I/we undertake to pay the amount of tax not deducted or not paid, as the case may be along with interest due. I/We shall also be subject to the provisions of penalty for the said default as per the provisions of the IT Act, 1961. I/We further undertake to submit the requisite documents for enabling the Income-tax Authorities to determine the nature and amount of income of the recipient of the above remittance as well as documents required for determining my/our liability under the Income-tax Act as a person responsible for deduction of tax at source. I/We further declare that I/we am/are furnishing this information in my/our capacity as ____________________and I/we am/are also competent to sign the return of income as per provisions of section 140 of the Income-tax Act, 1961 and verify it.
Place Date Sign here Ô
FORM NO. 15CB
(See rule 37BB)
Certificate of an accountant*
I/We have examined the agreement (wherever applicable) between Mr./Ms./M/s…………………………and Mr./Ms./M/s…………………requiring the (remitters) (beneficiary) above remittance as well as the relevant documents and books of account required for ascertaining the nature of remittance and for determining the rate of deduction of tax at source as per provisions of sub-section (6) of section 195. We hereby certify the following:—
A
Name and address of the beneficiary of the remittance
B
1.
Country to which remittance is made
Country:
Currency:
2.
Amount of remittance
In foreign currency
In Indian Rs.
3.
Name of the bank
Branch of the bank
4.
BSR Code of the bank branch (7 digit)
5.
Proposed date of remittance
(DD/MM/YYYY)
6.
Amount of TDS
In foreign currency
In Indian Rs.
7.
Rate of TDS
As per Income-tax Act (%)
As per DTAA (%)
8.
Actual amount of remittance after TDS
In foreign currency
In Indian Rs.
9.
Date of deduction of tax at source
(DD/MM/YYYY)
10.
Nature of remittance as per agreement/ document
11.
In case the remittance is net of taxes, whether tax payable has been grossed up? If so computation thereof may be indicated.
(Tick)Ö Yes No
12.
If the remittance is for royalties, fee for technical services, interest, dividend, etc, please indicate:-
(Tick)Ö Yes No
(a) The clause of the relevant DTAA under which the remittance is covered along with reasons
Clause of DTAA
(b) Rate of TDS required to be deducted in terms of such clause of the applicable DTAA
As per DTAA (%)
(c) In case TDS is made at a lower rate than the rate prescribed under DTAA, reasons thereof
13.
In case remittance is for supply of articles or things (e.g. plant, machinery, equipment etc.), please indicate,
(Tick)Ö Yes No
(a) Whether the recipient of remittance has any permanent establishment (PE) in India through which the beneficiary of the remittance is directly or indirectly carrying on such activity of supply of articles or things?
(Tick)Ö Yes No
(b) Whether such remittance is attributable to or connected with such permanent establishment
(Tick)Ö Yes No
(c) If the reply to Item no. (b) above is ‘yes’, the amount of income comprised in such remittance which is liable to tax.
(d) If not, the reasons in brief thereof.
14.
In case the remittance is on account of business income, please indicate:-
(Tick)Ö Yes No
(a) Whether such income is liable to tax in India
(Tick)Ö Yes No
(b) If so, the basis of arriving at the rate of deduction of tax.
(c) If not, the reasons thereof.
15.
In case any order u/s 195(2)/ 195(3)/ 197 of Income-tax Act has been obtained from the Assessing Officer, details thereof:
(Tick)Ö Yes No
(a) Name and Designation of the Assessing officer who issued the order/ certificate
(b) Date of the order/ certificate
(DD/MM/YYYY)
(c) Specify whether u/s 195(2)/ 195(3)/ 197 of I T Act
16.
In case of any other remittance, if tax is not deducted at source for any reason, details thereof.
(Attach separate sheet duly authenticated wherever necessary)
**Certificate No.:
Signature:
Date : Name:
Place: Name of the proprietorship/firm
Address:
Registration number:
* (To be signed and verified by an accountant (other than an employee) as defined in the Explanation to section 288 of the Income-tax Act, 1961).
** Certificate number is an internal reference number to be given by the Accountant
Notification for change in the Format of Form 16/16AA
In exercise of the powers conferred by section 295 of the Income-tax 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. (1) These rules may be called the Income-tax (8th Amendment) Rules, 2009.
(2) They shall come into force on the 1st day of April, 2009.
2. In the Income-tax Rules, 1962,
(a) for rules 30, 31, 31A and 31AA, the following rules shall be substituted, namely:
“Time and mode of payment to Government account of tax deducted at source or tax paid under Chapter XVII -B
30.(1) All sums deducted in accordance with the provisions of Chapter XVII-B shall be paid to the credit of the Central Government
(a) within two months from the end of the month in which the amount is credited by the payer to the account of the payee if the crediting is on the date up to which the accounts of the payer are made; and
(b) in any other case, within one week from the end of the month in which the (i) deduction is made; or
(ii) income-tax is due under sub -section (1A) of section 192.
(2) Notwithstanding anything contained in sub -rule (1), the Assessing Officer may permit, in special cases,
(a) quarterly payment of the amount on June 15, September 15, December 15 and March 15 if the amount is deducted from any income chargeable under the head “Salaries”; and
(b) quarterly payment of the amount on July 15, October 15, January 15 and April 15 if the amount is deducted from any income by way of
(i) interest, other than interest on securities; (ii) insurance commission; or
(iii) commission or brokerage referred to in section 194H.
(3) No permission under sub -rule (2) shall be granted without the prior approval of the Joint Commissioner.
(4) The person responsible for making deduction, or payment of tax, under Chapter XVII-B shall, within the time specified in sub -rule (1), or sub -rule (2),
(a) electronically furnish an income-tax challan in Form No.17; and
(b) pay the amount so deducted to the credit of the Central Government by electronically remitting it into the Reserve Bank of India, State Bank of India or any authorised bank.
(5) For the purposes of this rule, the amount shall be construed as electronically remitted to the Reserve Bank of India or of the State Bank of India or of any authorised bank, if the amount is remitted by way of
(a) internet banking facility of the Reserve Bank of India or of the State Bank of India or of any authorised bank; or (b) credit or debit card.
Certificate of tax deducted at source or tax paid under sub -section (1A) of section 192
31.(1) The certificate of deduction of tax at source or, the certificate of payment of tax by the employer on behalf of the employee, under section 203 shall be in
(a) Form No.16 if the deduction or, payment of tax, is under section 192; and (b) Form No.16A if the deduction is under any other provision of Chapter XVII-B.
(2) The certificate referred to in sub -rule (1) shall be furnished to the deductee
(a) within one week after the date on which the sum of tax deducted at source is paid to the credit of the Central Government if the payment in respect of which the tax so deducted is by way of crediting on the date upto which the accounts of the deductor are made;
(b) within one month from the end of the financial year in which the payment is made to the deductee if (i) the deduction of tax is made under sub -section (1) of section 192;
(ii) the certificate relates to payment of tax by the employer on behalf of the employee under section (1A) of section 192;
(iii) the deduction of tax is made under section 194D; or
(iv) more than one certificate is required to be furnished to a deductee for deductions of income-tax made during a financial year and the deductee has requested for issue of a consolidated certificate in respect of such deductions;
(c) within fourteen days from the date of payment of income-tax if the payment is made quarterly under sub -rule (2) of rule 30;
(d) within one month from the end of the month in which the deduction of tax at source is made, in all other cases.
(3) The deductor may issue a duplicate certificate in Form No.16 or Form No.16A, as the case may be, if the deductee has lost the original certificate so issued and makes a request for issuance of a duplicate certificate and such duplicate certificate is certified as duplicate by the deductor.
(4) The Assessing Officer, before giving credit for the tax deducted at source on the basis of duplicate certificate referred to in sub -rule (3), shall
(a) obtain an Indemnity Bond from the deductee; and
(b) get the payment certified by the Assessing Officer designated in this behalf by the Chief Commissioner or the Commissioner.
Quarterly statement of deduction of tax or collection of tax
31A.(1) Every person who has been allotted a tax deduction and collection account number under section 203A shall deliver, or cause to be delivered the following quarterly statements; namely:
(a) the TDS Compliance Statement in Form No.24C;
(b) the Quarterly Statement of deduction of tax under section 192 in Form No.24Q; (c) the Quarterly Statement of deduction of tax under sections 193 to 196D in
(i) Form No.27Q in respect of the deductee other than a company, being a non-resident or resident but not ordinarily resident, or the deductee being a foreign company; and
(ii) Form No.26Q in respect of all other deductees; and
(d) the Quarterly Statement for collection of tax under section 206C in Form No.27EQ.
(2) Every person, who is required to deliver, or cause to be delivered, under sub -rule (1), the statements referred to therein, shall deliver, or cause to be delivered, such statements electronically to the Director General of Income Tax (Systems) or the person authorised by the Director General of Income Tax (Systems).
(3) The statement in Form No.24C referred to in sub -rule (1), shall be delivered, or caused to be delivered, on or before
the 15th July, the 15th October, the 15th January in respect of the first three quarters of the financial year,
respectively, and on or before the 15th June following the last quarter of the financial year.
(4) The statements in Form No.24Q, Form No.26Q, Form No.27Q and Form No.27EQ referred to in sub -rule (1), shall be delivered, or caused to be delivered, on or before the 15th June following the financial year.”;
(b) rule 37A shall be omitted;
(c) for rules 37CA and 37D, the following rules shall be substituted, namely:
“Time and mode of payment to Government account of tax collected at source under Chapter XVII -BB
37CA. (1) All sums collected in accordance with the provisions of Chapter XVII-BB shall be paid to the credit of the Central Government within one week from the end of the month in which the collection is made.
(2) The person responsible for making collection under Chapter XVII-BB shall, within the time specified in sub -rule (1),(a) electronically furnish an income-tax challan in Form No.17; and
(b) pay the amount so collected to the credit of the Central Government by electronically remitting it into the Reserve Bank of India, State Bank of India or any authorised bank.
(3) For the purposes of this rule, the amount shall be construed as electronically remitted to the Reserve Bank of India or of the State Bank of India or of any authorised bank, if the amount is remitted by way of
(a) internet banking facility of the Reserve Bank of India or of the State Bank of India or of any authorised bank; or (b) credit or debit card.
Certificate of tax collected at source
37D. (1) The certificate of collection of tax at source under sub -section (5) of section 206C shall be in Form No.27D.
(2) The certificate referred to in sub -rule (1), shall be furnished to the deductee within one month from the end of the month in which the amount is debited to the account of the buyer or licensee or lessee or payment is received from the buyer or licensee or lessee, as the case may be.
(3) The person responsible for collecting tax at source may issue a duplicate certificate in Form No.27D, if the buyer or licensee or lessee has lost the original certificate so issued and makes a request for issuance of a duplicate certificate and such duplicate certificate is certified as duplicate by the person responsible for collecting tax at source.
(4) The Assessing Officer, before giving credit for the tax collected at source on the basis of duplicate certificate referred to in sub -rule (3), shall
(a) obtain an Indemnity Bond from the buyer or licensee or lessee; and
(b) get the payment certified by the Assessing Officer designated in this behalf by the Chief Commissioner or the Commissioner.”;
(d) for Form No.16, Form No.16A and Form No.16AA, the following forms shall be substituted, namely:
F.No.142/22/2008-TPL
(Vijay K. Jaiswal)
Under Secretary to the Government of India
Note:- The principal rules were published vide Notification No.S.O.969(E) dated the 26th March, 1962 and last amended by Incometax (6th Amendment) Rules, 2009 vide Notification S.No.740(E) dated 16.3.2009.
Friday, March 27, 2009
Luxury Tax on luxuries provided in hotels from 1st May 04 to 30th Apr 05
Mazgaon, Mumbai-400010.
TRADE CIRCULAR
To
…………………………
…………………………
No.LTR-2009/1/Adm-29/B-139 Mumbai, Dt.25.03.2009
Trade Cir. No. 11 T of 2009
Sub: Luxury Tax on luxuries provided in hotels from 1st May
2004 to 30th April 2005.
Ref: 1) Notification No.LTA-1090/179/ Taxation-2 dated 21st
January, 1992.
2) Notification No.LTA-1090/CR-47/ Taxation-2 dated
18th November, 2008
Gentlemen/Sir/Madam,
Sub-section (1) of section 22 of the Maharashtra Tax on Luxuries Act,
1987 empowers the Government of Maharashtra to exempt any specified
class of luxuries provided in a hotel from payment of the whole or any part
of tax payable if it is necessary to do so in the public interest.
2. It has been decided by Notification dated 18th November, 2008 to
exempt the Luxury Tax in excess of six per cent on the luxuries provided
during the period from 1st May, 2004 to 30th April, 2005, in hotels which are
covered by clause ( c) of sub-section (2) of section 3 of the Maharashtra Tax
on Luxuries Act, 1987.
3. To avail this exemption, certain conditions have been prescribed.
(a) The claimant dealer is required to have collected tax not in excess
of six per cent. from the customer in the bill, cash memo or
invoice issued to customer, i.e. The amount of tax paid by the
dealer in excess of six per cent. should not have been collected
from the customer.
(b) If the amount mentioned in the bill, cash memo or invoice issued
is inclusive of the tax, then it must be considered that the tax
collection is made from the customer is of ten per cent.
(c) The amount of tax paid by the dealer in excess of six per cent,
shall not be refunded back but has to be adjusted against the tax
liability of the dealer for any subsequent period.
4. This circular cannot be made use of for legal interpretation of
provisions of law as it is clarificatory in nature. If any member of the trade
has any doubt, he may refer the matter to this office for further clarification.
5. You are requested to bring the contents of this circular to the notice
of the members of your association.
Yours faithfully,
(SANJAY BHATIA)
Commissioner of Sales Tax,
Maharashtra State, Mumbai.
No.LTR-2009/1/Adm-29/B-139 Mumbai, Dt.25.03.2009
Trade Cir. No.11 T of 2000
1. Copy forwarded To :
a. All the Addl. Commissioners of Sales Tax in the State.
b. All the Joint Commissioners of Sales Tax in the State.
c. All the Sr. Dy. Commissioners of Sales Tax in the State.
d. All the Dy. Commissioners of Sales Tax in the State.
e. All the Asstt. Commissioners of Sales Tax in the State.
f. All the Sales Tax Officers in the State.
2. Copy forwarded with compliments for information to:
a. The Officer on Special Duty , Finance Department, Mantralaya,
Mumbai.
b. The Under Secretary, Finance Department, Mantralaya,
Mumbai.
c. The Accounts Officer, Sales Tax Revenue Audit, Mumbai and
Nagpur.
3. Copy to all the Desks and Desk Officers in the office of the
Commissioner of Sales Tax, Maharashtra State, Mumbai.
Deputy Commissioner of Sales Tax (Adm)29,
Maharashtra State, Mumbai.
Wednesday, March 25, 2009
PTI Report: Tax on CER's
Published: 23 Mar 2009 19:12 CET
India is planning to make companies pay more in tax from sales of carbon credits. That's according to a report by the Press Trust of India, citing an unnamed official with India's finance ministry.The PTI cited a study commissioned by the government which found that 98 per cent of companies had not made tax provisions against the profits out of the sale of carbon credits, and were ploughing the earnings into other areas of the business."More than 98 per cent of the companies are not following Section 28 of the Income-Tax Act, which requires profits and gains of business or profession to be parted as tax. This will fetch the exchequer around Rs 1,000 crore ($1.94 billion)," the PTI reported the tax official as saying.India is one of the world's biggest sellers of UN-backed carbon credits known as cerified emissions reductions (CERs).So far, companies based in India have been awarded with around 80 million CERs, and over a third have been issued to just two companies, chemicals producers Gujarat Fluorochemical and SRF, which own projects that cut HFC-23, a highly potent greenhouse gas.Deepak Asher, a vice president with Gujarat Fluorochemical, told Point Carbon: "We include CER income in our normal business income, and it gets taxed like our other business income."SRF could not be reached for comment.CriticsSeveral other large Indian companies have been issued with carbon credits in sectors such as cement production, metals processing, power generation, paper and pulp and food production.Green groups have criticised the participation of some Indian companies in the Kyoto protocol's clean development mechanism, alleging they have ploughed big profits earned from carbon trading into production process that harm the environment.India has repeatedly ruled out the introduction of a specific carbon tax, arguing that a separate levy on sales of CERs would dissuade the development of Kyoto projects in the country.So far, only China, Egypt and Vietnam have imposed stand-alone levies on revenues earned from carbon trading.
Pending P’s under B.S.T. & C.S.T. Acts up to P year 2004-05 and instructions for disposal thereof
Vikrikar Bhavan, 9th Floor, E-Wing,
Mazgaon, Mumbai - 400 010.
Tel.No.- 022/23760957/0958
Trade Circular
To,
----------------------------------------,
----------------------------------------,
----------------------------------------,
----------------------------------------.
No.IMC10.09/PP/Adm-12/B- 523 Mumbai, dt.- 23.03.2009
(Circular No. 10 T of 2009)
Subject :- Pending P’s under B.S.T. & C.S.T. Acts up to P year
2004-05 and instructions for disposal thereof.
In order to complete the assessments pending under the
B.S.T. and the C.S.T. Acts before 31.3.2010, the Government has taken a
decision that -
No assessments will be done from “C” & “D” category of the dealers
except priority P’s falling in 7 categories enumerated in Annexure – E of the
said GR. These 7 categories of the cases are reproduced below:
i) P.S.I. dealers
ii) Dealers dealing in liquor
iii) Assessment of investigation period
iv) Refund claim in returns more than Rs. 5000/-
v) Additional demand raised in the assessment of immediate previous year is
more than 20% of admitted liability in returns or is more than Rs.1 lakh,
whichever is less.
vi) Assessment of first year of registration.
vii) Assessment of the last year of the dealer, of whom registration
certificate is cancelled.
3. Further, in the Budget speech for the year 2008-09, the Hon’ble Finance
Minister relaxed the criteria of mandatory assessments of first and last year
(as vi & vii above) and empowered the Commissioner of Sales Tax to take a
decision whether it would be necessary to assess the first and last years of
registration of the dealer.
4. Compulsory Assessment Criteria: Considering the Government
decision, all the pending P’s, pertaining to financial year in which gross tax
liability (before adjusting set-off) is Rs. 6 lakh or less under the BST and
CST Acts, shall not be assessed except those falling in any of the following
criteria:
i) P.S.I. dealers
ii) Dealers dealing in liquor
iii) Assessment of period/s under investigation.
iv) Refund claim in returns is more than Rs. 5000/-
v) Additional demand raised in the assessment of immediate previous year is
more than 20% of admitted liability in returns or is more than Rs.1 lakh,
whichever is less.
vi) Assessment of first year of registration, if refund is claimed in the returns
vii) Returns are not filed for the pending assessment period/s.
viii) Period prior to the cancellation of Registration Certificate, if any dues
exist for earlier period/s.
ix) Un-registered period of the dealer.
5. It is needless to mention that the Commissioner of Sales Tax has powers
to assess any dealer for any periods which are otherwise not falling in
compulsory assessment criteria. The final decision in this regard shall be
taken by the concerned Joint Commissioner of Sales Tax (Adm). If the
officer is of the opinion that a particular case is required to be assessed,
which is otherwise not covered by the criteria of compulsory assessments,
then the concerned officer shall seek the prior approval of his Joint
Commissioner of Sales Tax (Adm)
6. This circular cannot be made use of for legal interpretation of provisions
of law as it is clarificatory in nature. If any member of the trade has any
doubt, he may refer the matter to this office for further clarification.
7. You are requested to bring the contents of this circular to the notice of
the members of your association.
Yours faithfully,
(Sanjay Bhatia)
Commissioner of Sales Tax
Maharashtra State, Mumbai
No.IMC10.09/PP/Adm-12/B- 523 Mumbai, dt.- 23.03.2009
(Circular No.10 T of 2009)
1. Copy forwarded to :-
a. All the Addl.Commissioner of Sales Tax in the State.
b. All the Joint Commissioner of Sales Tax in the State.
c. The Joint Commissioner of Sales Tax( Mahavikas), with a request to
upload this Trade Circular to the Department web-site.
d. All the Senior Deputy Commissioner of Sales Tax in the State.
e. All the Deputy Commissioner of Sales Tax in the State.
f. All the Assistant Commissioner of Sales Tax in the State.
g. All the Sales Tax Officer in the State.
2.Copy forward with compliments for information to :-
a. The officer on special Duty, Finance Department, Mantralaya, Mumbai.
b. The under Secretary, Finance Department, Mantralaya, Mumbai.
c. The Accounts officer, Sales Tax Revenue Audit, Mumbai and Nagpur.
3. Copy to :-
All the Desks and Desks Officers in the office of the Commissioner of
Sales Tax, Maharashtra State, Mumbai.
(P. S. Salvi)
Additional Commissioner of Sales Tax (VAT-3)
Maharashtra State, Mumbai
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