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Wednesday, December 16, 2015

PRESS NOTE BY CBDT

Amendment of Rules regarding quoting of PAN for specified transactions

The Government is committed to curbing the circulation of black money and widening of tax base. To collect information of certain types of transactions from third parties in a non-intrusive manner, the Income-tax Rules require quoting of PAN where the transactions exceed a specified limit. Persons who do not hold PAN are required to fill a form and furnish any one of the specified documents to establish their identity. One of the recommendations of the Special Investigation Team (SIT) on Black Money was that quoting of PAN should be made mandatory for all sales and purchases of goods and services where the payment exceeds Rs.1 lakh. Accepting this recommendation, the Finance Minister made an announcement to this effect in his Budget speech. The Government has since received numerous representations from various quarters regarding the burden of compliance this proposal would entail. Considering the representations, it has been decided that quoting of PAN will be required for transactions of an amount exceeding Rs. 2 lakh regardless of the mode of payment.

To bring a balance between burden of compliance on legitimate transactions and the need to capture information relating to transactions of higher value, the Government has also enhanced the monetary limits of certain transactions which require quoting of PAN. The monetary limits have now been raised to Rs. 10 lakh from Rs. 5 lakh for sale or purchase of immovable property, to Rs.50,000 from Rs. 25,000 in the case of hotel or restaurant bills paid at any one time, and to Rs. 1 lakh from Rs. 50,000 for purchase or sale of shares of an unlisted company. In keeping with the Government's thrust on financial inclusion, opening of a no-frills bank account such as a Jan Dhan Account will not require PAN. Other than that, the requirement of PAN applies to opening of all bank accounts including in co-operative banks.

l.
NATURE OF TRANSACTION
MANDATORY QUOTING OF PAN (RULE 114B)
Existing requirement
New requirement
1.
Immovable property
Sale/ purchase valued at Rs. 5  lakh or more
i.   Sale/ purchase exceeding Rs.10 lakh;
ii. Properties  valued  by  Stamp Valuation authority at amount exceeding Rs.10 lakh will also need PAN.
2
Motor vehicle (other than two wheeler)
All sales/purchases
No change
3.
Time deposit
Time deposit exceeding Rs. 50,000/-     with     a banking company
i.  Deposits with Co-op banks, Post Office, Nidhi, NBFC companies will also need PAN;
ii. Deposits  aggregating  to  more than Rs.5 lakh   during the year will also need PAN
4.
Deposit    with    Post    Office Savings Bank
Exceeding Rs.50,000/-
Discontinued
5.
Sale or purchase of securities
Contract for sale/purchase of a value exceeding Rs.1 lakh
No change
6.
Opening   an   account   (other than   time   deposit)   with   a banking company.
All new accounts.
i.   Basic   Savings   Bank   Deposit Account excluded (no PAN requirement for opening these accounts);
ii.   Co-operative   banks   also   to comply
7.
Installation     of     telephone/ cellphone connections
All instances
Discontinued
8.
Hotel/restaurant bill(s)
Exceeding Rs. 25,000/- at any one time (by any mode of payment)
Cash payment exceeding Rs. 50,000/-.
9.
Cash purchase of bank drafts/ pay orders/ banker's cheques
Amount  aggregating  to Rs. 50,000/-    or    more during any one day
Exceeding Rs. 50,000/- on any one day.
10.
Cash   deposit   with   banking company
Cash    aggregating    to Rs.50,000/-    or    more during any one day
Cash deposit exceeding Rs.50,000/- in a day.
11.
Foreign travel
Cash  payment in connection with foreign travel   of an amount exceeding   Rs.25,000/- at any one time (including fare, payment to travel agent, purchase of forex)
Cash  payment  in  connection  with foreign  travel  or  purchase  of foreign currency of an amount exceeding Rs.50,000/- at any one time (including fare, payment to travel agent)
12.
Credit card
Application  to  banking company/ any other company /institution for credit card
No change.
Co-operative banks also to comply.
13.
Mutual fund units
Payment of Rs.50,000/- or more for purchase
Payment exceeding Rs.50,000/- for purchase.
14.
Shares of company
Payment of Rs.50,000/- or  more  to  a  company for acquiring its shares
i.  Opening a demat account;
ii. Purchase or sale of shares of an unlisted company for an amount exceeding Rs.1 lakh per transaction.
15.
Debentures/ bonds
Payment of Rs.50,000/- or more to a company/ institution for acquiring its debentures/ bonds
Payment exceeding Rs.50,000/-.
16.
RBI bonds
Payment of Rs.50,000/- or   more   to   RBI   for acquiring its bonds
Payment exceeding Rs.50,000/-.
17.
Life insurance premium
Payment of Rs.50,000/- or  more  in  a  year  as premium  to an insurer
Payment exceeding Rs.50,000/- in a year.
18.
Purchase of jewellery/bullion
Payment of Rs.5 lakh or more at any one time or against a bill
Deleted and merged with next item in this table
19.
Purchases or sales of goods or services
No requirement
Purchase/  sale  of  any  goods  or services  exceeding  Rs.2  lakh  per transaction.
20.
Cash         cards/         prepaid instruments     issued     under Payment & Settlement Act
No requirement
Cash payment aggregating to more than Rs.50,000 in a year.


 (Courtesy: www.taxcorp.in)

Tuesday, June 2, 2015

Applicability of new rate of Service tax from June 1st – an illustration

The rate of service tax has been increased to 14% with effect from 1st June, 2015. The table below gives a bird’s eye view of the applicability of new rate when the service in different scenarios.

For example, you might have  provided the service before the new rate coming into force, but you have issued the invoice in June  and you got the payment against that invoice in June, then even though you have provided the service while the old rate was applicable, you will be forced to pay tax at new rate, irrespective of whether you could recover the increased service tax from your client or not.

The table given below gives a full picture of point of taxation as per The Point of Taxation Rules, 2011, in case of rate change:

Service provided
Invoice Issued
Payment received
Rate of Tax
Before June 1st
In June or after
In June or after
14%
Before June 1st
Before June 1st
In June or after
12.36%
Before June 1st
In June or after
Before June 1st
12.36%
In June or after
Before June 1st
In June or after
14%
In June or after
Before June 1st
Before June 1st
12.36%
In June or after
In June or after
Before June 1st
14%