Very important amendment in Income Tax relating to MSME

You buy goods or services from an MSME:

You have to pay the amount _within 45 days from the date of acceptance of goods of services_ (or within such shorter time as agreed between the parties)

But If you fail to pay the amount due to an MSME within 45 days, then what is the consequence?

1.  You have to pay interest @ 20.25% from the 45^th day till the date of payment.

(This interest is not deductible as an expenses under Income Tax Act)

2. But most importantly, there is an amendment in the Income Tax Act from FY 2023-24 which says “YOU CANNOT CLAIM THAT PURCHASE OF GOODS OR SERVICES AS AN EXPENSE”. But you can claim the expense in the year in which you have paid the MSME.

 For example, if you buy Rs. 10 lakhs worth of goods from an MSME which is overdue for more than 45 days and is outstanding as on 31^st March,  then you will have to pay about Rs. 3.40 lakhs plus interest additionally, as Income Tax.

You have to identify, out of your creditors,  who all are MSMEs and ensure that their dues are settled in time.

So please take care that you pay all your MSME creditors within 45 days and clear the all dues to MSME outstanding for more than 45 days before March 31^st.

To MSME suppliers : Do not forget to mention your MSME registration number in your quotes, contracts, invoice and other communications with your customers.

 

 

• •     Are you a company (Private Limited or Limited)?
• •     Are you using any software for maintaining your accounts?
• •    Then you are required to ensure that your software has the feature of Audit Trail from April 1, 2023.

 

What is audit trail?

 

Simply speaking, it the record that tells you:

• •    When was a particular entry made in the software
• •    Who has done it
• •  If that entry is subsequently modified, when was it modified, who made the modification, what was the modification.
• •   If that entry is subsequently deleted, when was it deleted, who made the deletion, what was the entry before deletion.

 

Modification can be in any field including date, party name, particulars, narration, inventory values, amount etc. – any correction or change or deletion in any of the data already entered.

 

Importantly, the audit trail feature should not be disabled or deleted.

 

What can be the possible impact of this?

 

This requirement is as per direction of Ministry of Corporate Affairs. But, once your software has the audit trail feature, any other department including Income Tax, GST or ED can verify the audit trail – which means they will come to know what modifications/ deletions you have made in the accounts.

 

So, you will have to be extra cautious when you make:

•       A back dated entry

•       Any modification of data already entered, including splitting of entries

•       Any cancellation or deletion of entry already made

 

You will have to explain why it happened and have to establish that such entries/modification/deletion are made for genuine reasons and not for the purpose of any tax evasion or not for covering up any violation of law.

 

Only exemption to this requirement is that you are maintaining books of accounts manually. But how far it is possible is a question.

 

So make sure that your accounting is uptodate, accurate and complies with all laws that are applicable. If you have any doubts, consult your CA before making the entry.

 

You should not pass an entry, modify it or delete it at your whims and fancies. Ensure that the entry is correct in all respects,  before passing it.

 

Any subsequent correction / deletion may invite unnecessary questions. It may open a pandora’s box, in many cases!

 

- CA. James Antony

Blood bath in Wall Street! - What happened to Silicon Valley Bank and how it collapsed in just 48 hours!

 

Blood bath in Wall Street!

 

The Biggest Bank fail since 2008 global financial crisis!

 

What happened to Silicon Valley Bank and how it collapsed in just 48 hours!

 

It was another Black Friday yesterday. All over the world, the stock exchanges bled.

 

All because of the collapse of the Silicon Valley Bank (SVB). California State Authorities closed down SVB and kept under receivership of the Federal Deposit Insurance Corporation.

 

Let us try to understand what happened in the last 48 hours

 

Silicon Valley Bank was a commercial bank headquartered in California. SVB was the 16^th largest bank in the United States and is the biggest bank in Silicon Valley based on local deposits, with a 30% market share.

 

Everything started with Bank’s announcement of its intention to raise funds to the tune of $ 2 billion. 

Strange! Isn’t it?

 

Yes, this announcement created panic among the investors as the rumor about the gaps in its balance sheet was coming true and there was a massive sell off and run for the deposits.

 

As the panic grew, SVB shelved its plan for the fund raising, but the damage was already done, share price went down 60%. And the rest is history, now.

 

Is Federal Reserve the Villain?

 

Analysts say SVB was the victim of recent hikes in interest rates Federal Reserve and the fears of more hikes in 2023.

 

After a period of continued low interest regime during the covid pandemic, central banks led by the US Federal Reserve, started raising rates aggressively to tackle inflation. 

 

How did it affect SVB?

 

Investors normally do not take risk, when the money available to them is costly. Due to the increased interest rates, money become expensive.

 

SVB was mainly catering to Technology companies and Start-ups. Tech and Start-ups are considered high risk. So investors put SVB in the high risk investment category. Further, the customers of SVB were all Tech and Start-ups. They also were reluctant to take risk.

 

High interest rates led to shortage of funding to Start ups which are otherwise considered to be highly risky. So they started withdrawing money from SVB for their liquidity needs. So SVB had to meet higher demands of withdrawals from customers. On the other side, investors were not ready to bet funds on SVB.

 

So, there was a fund shortage in SVB. To rescue themselves from collapse, SVB sold $ 21 Billion investment portfolio at a  huge loss of $ 1.80 Billion.

 

This was the biggening of the end

 

To compensate this loss, SVB decided to issue $ 2 billion equity and preference shares.

 

But this sudden announcement created doubts about the strength of the Balance Sheet of SVB, among investors. Adding the woes, Silvergate Capital, a Crypto focussed bank closed its shutters on the same day.

 

The result was a panic selling in SVB shares as well as a mad rush to withdraw the deposits.

 

Desperately, SVB tried to sell the company on Friday, which also was not successful and the authorities stepped in and put the bank under receivership.

 

The crash in the Wall Street was contagious and it spread all over the world, including Indian stock markets. Stocks of major banks and Financial Institutions took the hit worldwide, affecting the investor sentiments.

 

SVB collapse is the second biggest bank failure after Washington Mutual failure in 2008, which was followed by Lehman Brothers and Bear Stearns which triggered a systemic banking crisis and led to collapse of a lot of small and medium banks.

 

Will it trigger another financial crisis?

 

At this point to time, it is not very clear whether it will lead to another financial crisis like 2008.

 

Many reasons for it:

 

There were a lot of stricter regulations implemented after 2008 crisis, especially in the case of bigger banks, including capital adequacy.

 

Secondly, SVB was more focussed on Tech and start-ups.

 

Thirdly, even though the SVB was the 16^th biggest bank in USA, it was still a smaller bank compared to other big banks. So its reach and influence was limited to that extent only.

 

As the regulatory oversight was less in the case of SVB and capital adequacy norms were not stringent, SVB could invest aggressively without keeping adequate  reserves to tackle this kind of situations.

 

So, most analysts think that this will not have a cascading effect on the economy. But certainly, it is a wake up call for banks like SVB whose deposit base and business are not adequately diversified.

 

Is it a failure of the Federal Reserve?

 

Some analysts think Federal Reserve miscalculated the impact of rising interest rates and so these are self-inflicted damages. If more banks are going to be failed, then situation will be very tough and Federal Reserve may be forced to reduce the interest rates.

 

So, who will be hurt most by the SVB crisis?

 

1.    Uninsured depositors of SVB. Reports say 90% of the $ 175 Billion deposits are un-insured.

2.    Investors of SVB

3.    Investors who suffered losses due to sudden crash of indices world over. Sensex lost nearly 1450 points in just 2 days.

4.    Tech and Startup customers of SVB

 

Conclusion

 

Even though SVB may not trigger another global financial crisis, it caused huge loss to depositors and innocent investors. But it is a lesson to all that any big corporates can collapse any time, if not governed properly. It took only 44 hours to a banking behemoth like Silicon Valley Bank to collapse like a pack of cards.