Procedure for TCS/ TDS return filing in the ITD e-filing portal
Procedure for TCS/ TDS return filing in the ITD e-filing portal
With effect from 1st May 2016, the online submission of Quarterly TDS/TCS statements will be discontinued at TIN-NSDL website.
The Deductors who desires to upload the Quarterly TDS/TCS e-Returns online, shall upload the same at e-Filing Portal of ITD.
The Deductor must have registered the TAN at ITD’s e-Filing Portal using a valid Digital Signature Certificate. To know detailed procedure on how to register as ‘Tax Deductor and Collector’.
Once the Tax Deductor and Collector login is created, user can upload the Quarterly TDS/TCS statements as described below:
Visit ITD’s e-filing home page (ITD e-filing) and login using TAN and Password
After successful login, go to TDS menu >> Upload TDS
In the form provided select the appropriate statement details, viz. FVU Version, Financial Year, Form Name, Quarter and Upload Type (Regular / Correction) and verify.
Browse the TDS return filing zip file generated using Saral TDS
Attach Signature file created using DSC Utility and click ‘Upload’
On successful upload appropriate message will be displayed along with Transaction ID and the Token Number for future reference. Deductor can check the status of return after 24 hours of upload using the Token Number.
_______________________
MVAT UPDATES :
Notification No. VAT-1516/C.R. 62/Taxation-1.- Dated 29th April, 2016
In exercise of the powers conferred by sub-section (3D) of section 8 of the Maharashtra Value Added Tax Act, 2002 (Mah.IX of 2005), the Government of Maharashtra hereby exempts fully from payment of tax with effect from the 1st April 2016, the transfer of property in goods, involved in the sizing and warping of yarn, subject to the following conditions and restrictions :-
(1) The said goods shall be consumed or used in sizing and warping of yarn.
(2) The set off admissible to the dealer,-
(i) in respect of goods referred to at serial no. (1) and consumables and packing materials used for the sizing and warping of yarn, shall be of tax in excess of the amount calculated at the rate notified, from time to time by the Central Government for the purposes of subsection
(1) of section 8 of the Central Sales Tax Act, 1956 (74 of 1956) on the said purchase price;
(ii) in respect of capital assets used exclusively for the sizing and warping of yarn, shall be as per rule 52 of the Maharashtra Value Added Tax Rules, 2005.
By order and in the name of the Governor of Maharashtra,
R. D. BHAGAT,
Deputy Secretary to Government.
_______________________
KVAT UPDATES :
CIRCULAR No.OSI 2016 No.C1-14373/16/CT Dated.2nd May, 2016
Sub:- Commercial Taxes - KVAT Act, 2003 - Last date for filing option for payment of compounded tax - Instruction issued - reg.
Taking into account the request from various trade bodies and dealers, the last date for filing option for the payment of compounded tax under Section 8 of the Kerala Value Added Tax Act, 2003 and Section 7 of Kerala General Sales Tax Act, for the financial year 2016-17 is extended upto 31st May, 2016.
Commissioner
_______________________
HVAT UPDATES :
The Himachal Pradesh Value Added Tax (Amendment) Bill, 2016 has been issued for proposed amendments to Himachal Pradesh Value Added Tax Act, 2005. The highlights of the amendment bill are as under;
1. Amendments are proposed to be made to section 11 in relation to Input tax credit – penalty provisions under sub-section 16 have been relaxed and reduced for false / incorrect availment and disclosure of input credit in the return;
2. New Section 14-A to be inserted for application and grant of provisional registration certificate;
3. The proviso to sub-section (6) to section 16 to be substituted inter alia for providing an upper limit to penalty in case of non-filing of returns by dealers required to filing monthly return.
4. New Section 27-A to be inserted for special provision for settlement of pendency and arrears.
5. Section 49-A to be inserted for provisions and procedures in relation to Advance Ruling.
B. The Himachal Pradesh Tax on Entry of Goods into Local Area (Amendment) Bill, 2016 has been issued for proposed amendments to the Himachal Pradesh Tax on Entry of Goods into Local Area, 2010. The highlights of the amendment bill are as under;
1. Section 4-A to be inserted for Levy of entry tax on e-commerce
2. Amendments proposed to be made to section 6-A in relation to payment of tax and furnishing of returns. The amendments have been proposed with an intent that the registered dealers under different enactments administered by the Department should file combine returns and make payment of taxes during one given period only.
_______________________
Mahadev Enterprise vs State of Gujarat Special Civil Application 90 of 2016 decided on 5.5.2016 - Judgement of Madhav steel corporation is distinguished by Gujarat high court.. it has been held that input tax credit cannot be disallowed merely on the basis of ab initio cancellation of registration of seller..there has to be finding by authority that transactions were not genuine..also further held that revision cannot be initiated from material not forming part of assessment record. Disallowance of ITC in revision by relying on information not forming part of record held illegal.
Now, the dealer gets tax credit on proving purchases are genuine.. no matter susequently registration of vendor is cancelled ab initio.
_______________________
CIRCULARS :
---------------------------------------
This is to inform you that new Form 12BB has been introduced by Government for salaried employees to claim certain deductions like HRA, Interest on housing loan etc. as per Notification no. 30/2016.
in Form No. 24Q, in Annexure-II, after entry 356, the following shall be inserted, namely:-
357-In case of House Rent Allowance claim-Name and Permanent Account Number of the landlord if aggregate payment during the previous year exceeds rupees one lakh
358- In case of deduction of interest under the head “Income from House property” – Name and Permanent Account Number of the lender ( if available)”;
These changes are applicable from 1st June 2016 i.e. for Financial Year 2016-17.
______________________
SERVICE TAX (DETERMINATION OF VALUE) AMENDMENT RULES, 2016 - AMENDMENT IN RULE 6
NOTIFICATION NO.23/2016-ST, DATED 13-4-2016
In exercise of the powers conferred by clause (aa) of sub-section (2) of section 94 of the Finance Act,1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax (Determination of Value) Rules, 2006, namely:—
1. (1) These rules may be called the Service Tax (Determination of Value) Amendment Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette.
2. In rule 6, in sub-rule (2), in clause (iv), the following proviso shall be inserted namely:—
"Provided that this clause shall not apply to any service provided by Government or a local authority to a business entity where payment for such service is allowed to be deferred on payment of interest or any other consideration.".
_______________________
Excise & Customs : When 'PP Bags' procured duty-free under bond under Notification No. 43/2001-C.E. (N.T.) have been used for packing of finished goods 'DOC' and DOC has been exported, then, no duty can be demanded on such PP Bags even if they were scrapped at port before loading on ship and were not exported.
[2016] 68 taxmann.com 155 (New Delhi - CESTAT)
CESTAT, NEW DELHI BENCH
Ambika Solvex Ltd.
v.
Commissioner of Central Excise, Indore
_______________________
Cenvat Credit: No cenvat reversal is required on 'exempted by-product' emerging in course of manufacture of dutiable goods and if reversal has been wrongly made, then, same can be claimed as refund.
[2016] 68 taxmann.com 189 (New Delhi - CESTAT)
CESTAT, NEW DELHI BENCH
Hindustan Zinc Ltd.
v.
Commissioner of Central Excise, Jaipur-II
_______________________
Cenvat Credit : If finished goods (viz. furniture) have been cleared in unpacked condition for ease of transport but along with packing materials in loose form, then also, packing materials cleared along with final product are eligible for credit.
[2016] 68 taxmann.com 191 (Madras)
HIGH COURT OF MADRAS
Nilkamal Ltd.
v.
Customs, Excise & Service Tax Appellate Tribunal
_______________________
Excise & Customs : Authorisation to prefer appeal by revenue must be filed along with appeal; if appeal is filed without authorisation, same is an incurable defect and cannot be cured by filing an authorization later
Excise & Customs : A single person holding post of Commissioner of two commissioners cannot constitute a 'Committee of Commissioners'; section 35B postulates application of mind by Group/Committee of Commissioners
[2016] 68 taxmann.com 190 (Orissa)
HIGH COURT OF ORISSA
Commissioner, Central Excise, Customs & Service Tax, Bhubaneswar-I Commissionerate
v.
Ballarpur Industries Ltd
_______________vms : Notification No.108/95 CE grants exemption to 'goods supplied to projects financed by United Nations or an International Organization'; hence, in absence of word 'directly' in notification, supplies made through an intermediary/sub-contractor are also exempt.
[2016] 68 taxmann.com 195 (Madras)
HIGH COURT OF MADRAS
Commissioner of Central Excise, Pondicherry Commissionerate
v.
Customs Excise & Service Tax Appellate Tribunal
_______________________
CST & VAT : Where goods of specific quality and description could be used only in impugned works contract and there was no possibility of such goods being diverted by assessee for any other purpose, impugned transactions being inter-State trade or import would be exempt from Delhi VAT.
[2016] 68 taxmann.com 227 (SC)
SUPREME COURT OF INDIA
Commissioner, Delhi Value Added Tax
v.
ABB Ltd
_______________________
IT/ILT: A gigantic company owning intangibles and having substantial brand value could not be compared with assessee providing back office support services
IT/ILT: Where Commissioner (Appeals) excluded communication charges from turnover of assessee which provided back office support service to its AE by following judgment of jurisdictional High Court against which SLP had already been filed, action of Commissioner (Appeals) was justified as mere filing of SLP does not finish off precedential value of decision of jurisdictional High Court
■■■
[2016] 68 taxmann.com 371 (Bangalore - Trib.)
IN THE ITAT BANGALORE BENCH 'A'
Deputy Commissioner of Income-tax, Circle 11(1), Bangalor
With effect from 1st May 2016, the online submission of Quarterly TDS/TCS statements will be discontinued at TIN-NSDL website.
The Deductors who desires to upload the Quarterly TDS/TCS e-Returns online, shall upload the same at e-Filing Portal of ITD.
The Deductor must have registered the TAN at ITD’s e-Filing Portal using a valid Digital Signature Certificate. To know detailed procedure on how to register as ‘Tax Deductor and Collector’.
Once the Tax Deductor and Collector login is created, user can upload the Quarterly TDS/TCS statements as described below:
Visit ITD’s e-filing home page (ITD e-filing) and login using TAN and Password
After successful login, go to TDS menu >> Upload TDS
In the form provided select the appropriate statement details, viz. FVU Version, Financial Year, Form Name, Quarter and Upload Type (Regular / Correction) and verify.
Browse the TDS return filing zip file generated using Saral TDS
Attach Signature file created using DSC Utility and click ‘Upload’
On successful upload appropriate message will be displayed along with Transaction ID and the Token Number for future reference. Deductor can check the status of return after 24 hours of upload using the Token Number.
_______________________
MVAT UPDATES :
Notification No. VAT-1516/C.R. 62/Taxation-1.- Dated 29th April, 2016
In exercise of the powers conferred by sub-section (3D) of section 8 of the Maharashtra Value Added Tax Act, 2002 (Mah.IX of 2005), the Government of Maharashtra hereby exempts fully from payment of tax with effect from the 1st April 2016, the transfer of property in goods, involved in the sizing and warping of yarn, subject to the following conditions and restrictions :-
(1) The said goods shall be consumed or used in sizing and warping of yarn.
(2) The set off admissible to the dealer,-
(i) in respect of goods referred to at serial no. (1) and consumables and packing materials used for the sizing and warping of yarn, shall be of tax in excess of the amount calculated at the rate notified, from time to time by the Central Government for the purposes of subsection
(1) of section 8 of the Central Sales Tax Act, 1956 (74 of 1956) on the said purchase price;
(ii) in respect of capital assets used exclusively for the sizing and warping of yarn, shall be as per rule 52 of the Maharashtra Value Added Tax Rules, 2005.
By order and in the name of the Governor of Maharashtra,
R. D. BHAGAT,
Deputy Secretary to Government.
_______________________
KVAT UPDATES :
CIRCULAR No.OSI 2016 No.C1-14373/16/CT Dated.2nd May, 2016
Sub:- Commercial Taxes - KVAT Act, 2003 - Last date for filing option for payment of compounded tax - Instruction issued - reg.
Taking into account the request from various trade bodies and dealers, the last date for filing option for the payment of compounded tax under Section 8 of the Kerala Value Added Tax Act, 2003 and Section 7 of Kerala General Sales Tax Act, for the financial year 2016-17 is extended upto 31st May, 2016.
Commissioner
_______________________
HVAT UPDATES :
The Himachal Pradesh Value Added Tax (Amendment) Bill, 2016 has been issued for proposed amendments to Himachal Pradesh Value Added Tax Act, 2005. The highlights of the amendment bill are as under;
1. Amendments are proposed to be made to section 11 in relation to Input tax credit – penalty provisions under sub-section 16 have been relaxed and reduced for false / incorrect availment and disclosure of input credit in the return;
2. New Section 14-A to be inserted for application and grant of provisional registration certificate;
3. The proviso to sub-section (6) to section 16 to be substituted inter alia for providing an upper limit to penalty in case of non-filing of returns by dealers required to filing monthly return.
4. New Section 27-A to be inserted for special provision for settlement of pendency and arrears.
5. Section 49-A to be inserted for provisions and procedures in relation to Advance Ruling.
B. The Himachal Pradesh Tax on Entry of Goods into Local Area (Amendment) Bill, 2016 has been issued for proposed amendments to the Himachal Pradesh Tax on Entry of Goods into Local Area, 2010. The highlights of the amendment bill are as under;
1. Section 4-A to be inserted for Levy of entry tax on e-commerce
2. Amendments proposed to be made to section 6-A in relation to payment of tax and furnishing of returns. The amendments have been proposed with an intent that the registered dealers under different enactments administered by the Department should file combine returns and make payment of taxes during one given period only.
_______________________
Mahadev Enterprise vs State of Gujarat Special Civil Application 90 of 2016 decided on 5.5.2016 - Judgement of Madhav steel corporation is distinguished by Gujarat high court.. it has been held that input tax credit cannot be disallowed merely on the basis of ab initio cancellation of registration of seller..there has to be finding by authority that transactions were not genuine..also further held that revision cannot be initiated from material not forming part of assessment record. Disallowance of ITC in revision by relying on information not forming part of record held illegal.
Now, the dealer gets tax credit on proving purchases are genuine.. no matter susequently registration of vendor is cancelled ab initio.
_______________________
CIRCULARS :
---------------------------------------
This is to inform you that new Form 12BB has been introduced by Government for salaried employees to claim certain deductions like HRA, Interest on housing loan etc. as per Notification no. 30/2016.
in Form No. 24Q, in Annexure-II, after entry 356, the following shall be inserted, namely:-
357-In case of House Rent Allowance claim-Name and Permanent Account Number of the landlord if aggregate payment during the previous year exceeds rupees one lakh
358- In case of deduction of interest under the head “Income from House property” – Name and Permanent Account Number of the lender ( if available)”;
These changes are applicable from 1st June 2016 i.e. for Financial Year 2016-17.
______________________
SERVICE TAX (DETERMINATION OF VALUE) AMENDMENT RULES, 2016 - AMENDMENT IN RULE 6
NOTIFICATION NO.23/2016-ST, DATED 13-4-2016
In exercise of the powers conferred by clause (aa) of sub-section (2) of section 94 of the Finance Act,1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax (Determination of Value) Rules, 2006, namely:—
1. (1) These rules may be called the Service Tax (Determination of Value) Amendment Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette.
2. In rule 6, in sub-rule (2), in clause (iv), the following proviso shall be inserted namely:—
"Provided that this clause shall not apply to any service provided by Government or a local authority to a business entity where payment for such service is allowed to be deferred on payment of interest or any other consideration.".
_______________________
Excise & Customs : When 'PP Bags' procured duty-free under bond under Notification No. 43/2001-C.E. (N.T.) have been used for packing of finished goods 'DOC' and DOC has been exported, then, no duty can be demanded on such PP Bags even if they were scrapped at port before loading on ship and were not exported.
[2016] 68 taxmann.com 155 (New Delhi - CESTAT)
CESTAT, NEW DELHI BENCH
Ambika Solvex Ltd.
v.
Commissioner of Central Excise, Indore
_______________________
Cenvat Credit: No cenvat reversal is required on 'exempted by-product' emerging in course of manufacture of dutiable goods and if reversal has been wrongly made, then, same can be claimed as refund.
[2016] 68 taxmann.com 189 (New Delhi - CESTAT)
CESTAT, NEW DELHI BENCH
Hindustan Zinc Ltd.
v.
Commissioner of Central Excise, Jaipur-II
_______________________
Cenvat Credit : If finished goods (viz. furniture) have been cleared in unpacked condition for ease of transport but along with packing materials in loose form, then also, packing materials cleared along with final product are eligible for credit.
[2016] 68 taxmann.com 191 (Madras)
HIGH COURT OF MADRAS
Nilkamal Ltd.
v.
Customs, Excise & Service Tax Appellate Tribunal
_______________________
Excise & Customs : Authorisation to prefer appeal by revenue must be filed along with appeal; if appeal is filed without authorisation, same is an incurable defect and cannot be cured by filing an authorization later
Excise & Customs : A single person holding post of Commissioner of two commissioners cannot constitute a 'Committee of Commissioners'; section 35B postulates application of mind by Group/Committee of Commissioners
[2016] 68 taxmann.com 190 (Orissa)
HIGH COURT OF ORISSA
Commissioner, Central Excise, Customs & Service Tax, Bhubaneswar-I Commissionerate
v.
Ballarpur Industries Ltd
_______________vms : Notification No.108/95 CE grants exemption to 'goods supplied to projects financed by United Nations or an International Organization'; hence, in absence of word 'directly' in notification, supplies made through an intermediary/sub-contractor are also exempt.
[2016] 68 taxmann.com 195 (Madras)
HIGH COURT OF MADRAS
Commissioner of Central Excise, Pondicherry Commissionerate
v.
Customs Excise & Service Tax Appellate Tribunal
_______________________
CST & VAT : Where goods of specific quality and description could be used only in impugned works contract and there was no possibility of such goods being diverted by assessee for any other purpose, impugned transactions being inter-State trade or import would be exempt from Delhi VAT.
[2016] 68 taxmann.com 227 (SC)
SUPREME COURT OF INDIA
Commissioner, Delhi Value Added Tax
v.
ABB Ltd
_______________________
IT/ILT: A gigantic company owning intangibles and having substantial brand value could not be compared with assessee providing back office support services
IT/ILT: Where Commissioner (Appeals) excluded communication charges from turnover of assessee which provided back office support service to its AE by following judgment of jurisdictional High Court against which SLP had already been filed, action of Commissioner (Appeals) was justified as mere filing of SLP does not finish off precedential value of decision of jurisdictional High Court
■■■
[2016] 68 taxmann.com 371 (Bangalore - Trib.)
IN THE ITAT BANGALORE BENCH 'A'
Deputy Commissioner of Income-tax, Circle 11(1), Bangalor
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