Legal Compliance Calendar for July Month-2016

Legal Compliance Calendar for July 2016: Every business consultant, business person and their legal and compliance department has to fulfill different regulatory filing on time. So to solve this problem we have compiled the different due date for legal filing under different act like Income Tax Act 1961, Service tax laws, Central Excise and Custom, Companies Act 2013, Provident Fund, Employee State Insurance Corporation or Value Added Tax i.e. different VAT Acts in India etc.

Income Tax Compliance for July 2016 

  1. 7th July – Due for payment of TDS/TCS for July’2016
  2. 31st July – Filling of TDS return for period April to June 2016 and TDS certificate has to been issued within 15 days of Filling of TDS return i.e. 15 August 2016. Previously due date for filling quarterly TDS return was 15 July.
  3. Due for Filling Annual Income Tax Return for Individual and HUF. Individual having only salary Income Tax can file ITR 1 and Business not under audit can file ITR 4S or  ITR 4 by 31 July 2016.

Rules and Guidelines for Income Tax Compliance 

A. For companies

  • TDS deducted during June 2016 due for payment on 07.07.16.
  • Filling of Quarterly TDS return by 31st July 2016.

B. For firm and individual covered under tax audits

  •  TDS deducted in June’ 2016 payment due on- 07.07.2016.
  • Filling of Quarterly TDS return by 31st July 2016.

Central Excise and Custom  Compliance for July 2016 

  1. 6th July- Due date for payment of excise for the month of June’2016
  2. 10th July – Last date for excise return for the month of June’2016 – Due Date for ER-1
  3. 20th July – Last date for excise return for the Quarter ending June’2016 i.e. April to June 2016 – Due Date for ER-1 for Excise registered units as Small Scale Industry

Rules and Guidelines for Central Excise Compliance 

  • Excise registered units as Small Scale Industry – Payment due date is 15th July 2016 and Return due date of 1st quarter ending 30th June 2016 is 20th July 2016 but Unit Registered as Non SSI units – Last date for payment for the month of June is 06.07.2016 and for return 10.07.2016

Service Tax Compliance for July 2016 

  1. 6th July- Due date for payment of service tax for the month of June’2016 for other than Individual, Partnership firm and HUF as they have deposit service tax on quarterly basis.i.e Companies has to deposit service tax on monthly basis in case
  2. 6th July 2016 – Due date for payment of service tax for the period April to June 2016 i.e. Quarter 1 of FY 2016-14 for Individual, Partnership firm and HUF as they have deposit service tax on quarterly basis.

VAT Tax Compliance for July 2016 

  1. 12th July – Last Date or Due Date of Payment of VAT Liability for June 2016 for business having turnover of more than Rs 200 cr in previous year under TNVAT (Tamil Nadu VAT)
  2. 14th July- Last date for payment of Rajasthan VAT liability for dealer covered under monthly tax liability.
  3. 14th July – Last date for Works Contract Tax TDS is for June 2016
  4. 15th July – Last for Monthly return for Composition Dealer under Karnataka VAT
  5. 15th July – Last date for TDS deposit for previous month under Delhi VAT
  6. 20th July – Last date for monthly return or statement for tax deducted at source under KVAT using VAT – 100, VAT – 110 , VAT – 125, VAT–126, VAT-127
  7. 20th July – Due Date or Last Date of Payment of VAT Liability for Month and Quarter ending June under UP VAT (Uttar Pradesh VAT rule 43)
  8. 20th July – Due Date for Payment of VAT Liability under Tamil Nadu VAT Act.
  9. 21st July -Last date for payment of Maharashtra VAT liability.
  10. 21st July – Last date for payment of Delhi VAT liability  for Month ending 30th June and for Quarter April to June 2016
  11. 21st July – Last date for payment of MVAT liability for Quarter 1 (April to June).
  12. 25th July – Last date for Filling of Delhi VAT return for Quarter ending June 2016
  13. 25th July – Last date of payment of VAT Liability under Bihar VAT Act
  14. 31st July – Last Date of Filling of Quarterly return under Bihar VAT Act
  15. 31st July – Last date of Filling Annual Return under Bihar VAT for Compounding Dealer

Provident Fund and ESIC Compliance for July 2016 

  1. 15th July – last date for payment of Provident fund liability, Due Date date for Provident fund Contribution, government has removed the grace period of 5 days from February 2016.
  2. 21st July- Last date for payment of ESIC liability for June 2016.
  3. 25th July- Last date for filing of PF return for the month of June

Summary Date-wise Compliance under different rules and regulation

  • 6th July- Due date for payment of excise and service tax for the month of June’2016
  • 7th July – Due for payment of TDS/TCS for June’2016
  • 10th July – Last date for excise return for the month of June’2016
  • 14th July- Last date for payment of RAJ VAT liability.
  • 14th July – Last date for WCT TDS is for June’2016
  • 15th July – last date for payment of Provident fund liability
  • 20th July – Different VAT return under Karnataka VAT
  • 21st July – MVAT last Date of Payment
  • 21st July- Last date for payment of ESIC liability for June 2016.
  • 25th July- Last date for filing of PF return for the month of June
  • 31st July- Last date for filing of Annual Income Tax return for Individual in ITR 1, ITR 4, ITR4S
  • 31st July – Last date for filling Quarterly TDS return under Income Tax.

Extension of Due Date of Returns of Income and Audit reports u/s 44AB to 31st Oct 2015

Central Board of Direct Taxes (Income Tax Dept) has extended the due date of Filing Income Tax Return and Audit Report from 30th Sept 2015 to 31st Oct 2015.

F.No.22S/207 /201S/1T A.II

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

North Block, ITA.rr Division

New Delhi dated the 1 st of October, 2015

Order under Section 119 of the Income-tax Act, 1961 In supersession of orders under Section 119 of the Income-tax Act, 1961 (‘Act’) dated 30th September, 20 15 vide file of even number, the Central Board of Direct Taxes, in exercise of powers conferred under Section 119 of the Act, hereby orders that the returns of income and audit reports u/s 44AB due for e-filing by 30th September, 20 15 may be filed, across the country, by 3 1 st October, 2015.

(Rohit Garg)

Deputy Secretary to the Government of India

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No Extension of Date for filing of Tax Audit Report and Returns Due by 30th September 2015

Central Board of Direct Taxes has issued the press release and clarified the doubts relating to the extension of time for filing of Tax Audit Report and E-Return filing by the Companies and the Tax Payer required to file return on or before 30th Sept 2015. CBDT has accepted that there was delay in issue of return by 4 months but considering no major changes in the ITR and TAR no extension is required and suggested that tax payer should be file ITR before due date to avoid last minute rush.

Income-tax returns for Assessment Year 2015-16 for certain categories of assessees viz companies, and firms, individuals engaged in proprietary business/profession etc whose accounts are required to be audited, are to be filed by 30th September, 2015. The audit report is also required to be filed by the said date. The Government has received representations from various stakeholders seeking extension of date for filing of returns and tax audit reports beyond 30th September 2015. The reasons cited are delay in notifying the returns and related delay in availability of forms on the e-filing website. The matter has been considered. Income-tax returns forms 3,4,5,6 and 7 which are used by the above mentioned categories of assessees were notified for Assessment Year 2015-16 on 29.07.2015. The forms were e-enabled and were available on the e-filing website of the Department from 7th August 2015 giving enough time for compliance. The changes made to these forms are not extensive as compared to the earlier years. Further taxpayers entering into either international transactions or specified domestic transactions are required to file their returns by 30th November 2015 only. After consideration of all facts, it has been decided that the last date for filing of returns due by 30th September 2015 will not be extended. Taxpayers are advised to file their returns well in time to avoid last minute rush.

DUE DATE FOR FILLING INCOME TAX RETURN FOR FY 2014-15 i.e. AY 2015-16 is 31st August 2015

CBDT has extended the due date for filing income tax return for FY 2014-15 i.e. AY 2015-2016 from 31st July 2015 to 31st August 2015. Due date is for all the assessee whose accounts are not required to be audited under this Act or under any other law for the time being in force. Again Same has been extended to 7th Sept for tax payers required to efile the return

Section 139: Income Tax Return 

(1) Every person,—

(a)  being a company or a firm; or

(b)  being a person other than a company or a firm, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax,

shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed :

In this sub-section, “due date” means,—

(a) where the assessee other than an assessee referred to in clause (aa) is—

 (i)  a company; or

(ii)  a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or

 (iii) a working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force,

the 30th day of September of the assessment year;

(aa) in the case of an assessee who is required to furnish a report referred to in section 92E, the 30th day of November of the assessment year;

(b) in the case of a person other than a company, referred to in the first proviso to this sub-section, the 31st day of October of the assessment year;

(c) in the case of any other assessee, the 31st day of July of the assessment year.

F.No.225/154/201511TA.II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North Block, !TAM Division

New Delhi, the 10m June, 2015.

Order under section 119 of the Income-tax Act 1961

Subject:- Extension of due date of filing return of income for Assessment Year 2015-16 — regarding.
The Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income-tax Act, 1961, hereby extends the ‘due-date’ for filing Returns of Income, in terms of clause (c) of Explanation 2 to sub-section (1) of section 139 of the Income-tax Act, 1961, for Assessment Year 2015-16 from 31 July, 2015 to 31 August, 2015 in respect of income tax assessees concerned.

(Richa Rastogi)
Under secretary to the Government of India Copy to:-
1. PS to F.M. / OSD to FM / PS to MOS(R) / OSD to MOS(R).
2. PS to Secretary (Revenue).
3. Chairperson (DT), All Members, Central Board of Direct Taxes
4. All PCCsIT / PDGsIT
5. All Joint Secretaries / CsIT, CBDT
6. Directors / Deputy Secretaries / Under Secretaries of Central Board of
Direct Taxes.
7. DIT (RSP&PR) / Systems, New Delhi, for appropriate publicity by
putting it on departmental website.
8. The C&AG of India (30 copies).
9. The JS & Legal Advisor, Ministry of Law & Justice, New Delhi
10. The DG, NADT, Nagpur
11. The Institute of Chartered Accountants of India, IP Estate, New Delhi-
110003
12. All Chambers of Commerce
13. CIT(OSD) Official Spokesperson of CBDT
1/4….,14( Addl. CIT, Data Base Cell for putting it on irsofficersonline.govin

 

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New ITR Released For A.Y. 2015-16

New ITR Form ITR-1, ITR-2, ITR-4S for A.Y. 2015-16 (Financial Year 2014-15) has been released by the Income Tax Department for physical filing i.e. submitting ITR to Income Tax Department Office

The Income Tax Department releases the updated ITR every year for income tax return filing for Physical & E-filing of ITR. Income tax department has released new Income Tax Return Form vide notification 41/2015 dated 15/04/2015, while all ITR utility for E-filling  is still pending .i.e. ITR 1 ITR 2 & ITR 4S are released for physical filing but ITR 3, ITR 4 , ITR 5 , ITR 6 & ITR 7 are pending.

There are few differences in old and new ITR forms (AY 2014-15 Vs  AY 2015-16). Some new features includes uploading the ITR utility itself as compared to previous ITR excel utilities wherein the taxpayer was required to first prepare the xml file from the ITR utility and than manually upload on the income tax website. The new ITR java utility has the option for both manual as well as automatic upload of the Income Tax Return on the income tax website.

Further changes like: Compulsory e-filing, if refund is claimed by Assessee; No need to send ITR V to Bengaluru if you are using  Electronic Verification Code system, which has been implemented by Income Tax Department from AY 2015-16.

Details of changes in New ITR as launched on 15/04/2015 

ITR-1:

Introduction of furnishing AADHAR CARD Number in Income Tax Return, which will be used for EVC system. Introduction of EVC for verification of return of income filed as an option to send ITR V to CPC, Bangalore.

Bank Account Details in Income Tax Return

ITR-2:

Details of Foreign Travel made if any includes Passport No., Issued at, Name of Country, No. of Times Traveled and Expenditure. In Schedule FA- Foreign Assets Disclosure: Foreign Bank Account Details are further requirement. For Non-resident, income from other sources, if any income chargeable to tax at special rate provided in DTAA, it is now required to provide details. Details of utilization of amount deposited in Capital Gain Account Scheme for years preceding to last two Assessment Years.

ITR FOREIGN TRIP CONSENT AND DETAILS FOR INCOME TAX RETURN

ITR-4S:

Details of all Bank Accounts with Bank Name, IFSC Code, Name of Joint Holder (if any), Account Number, Account Balance as on 31.03.2015 mandatory to be provided. Even those accounts which are closed during the year.

 

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DOWNLOAD ITR 1: INCOME TAX RETURN FOR SALARIED INDIVIDUAL FOR AY 2014-15

Income Tax Department has issued the updated schema for ITR 1 (INCOME TAX RETURN 1) for Assessment year 2014-15 i.e. Income Tax Return for Financial Year 2013-14 (For period 1st April 2013-31st March 2014). ITR-1 Scheme is applicable for online filing of Income Tax Return as now its compulsory to file to online Income tax return for Income above Rs 5 lakhs. Also Download the ITR-1 in PDF Format for physical filing with Income Tax Department.

ITR-1 Form is to be used by an individual whose total income for the assessment year 2012-13 includes:- 

  • (a) Income from Salary/ Pension; or
  • (b) Income from One House Property (excluding cases where loss is brought forward from previous years); or
  • (c) Income from Other Sources (excluding Winning from Lottery and Income from Race Horses)

 

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How to Update Mobile number & E-mail ID of Tax payers on e-Filing Portal of Income Tax India Website

The process of updating and authenticating the contact details Mobile number & E-mail ID of Tax payers on e-Filing Portal of Income Tax India Website.

Updating Contact Details for FIRST TIME USER (NEW TAX PAYER) 

Provide the correct Mobile Number and Email ID during the Registration in the e-Filing portal, Activation link would be sent to the registered E-mail ID and a One Time Password (OTP also called PIN) is sent to the registered  Mobile Number. User needs to Click on the Link provided in the E-mail and  enter the OTP received in the mobile number for Successful activation of the  registered user in e-Filing portal.

Updating Contact Details for OLD USER (ALREADY REGISTERED TAX PAYER OR USERS) 

After the user logs in to the e-filing account, there will be a pop-up requesting the user to update the current Mobile number and E-mail ID. The user should update their personal Mobile number and Email so that the updated contact particulars are registered with the Department or confirm that the Mobile number and email ID already registered is their valid personal contacts.
Upon submitting the details, Department would immediately send OTPs  (PIN1 & PIN2) to new mobile number and Email ID. The respective PINs- PIN1 and PIN2 received through Mobile number and E-mail ID should be entered by them in the respective input fields to authenticate that the email ID and mobile are correct. Upon successful validation the Mobile number and email ID would be updated in the taxpayer’s profile and the process
would be complete.
The PIN1 and PIN2 would be valid only for the session – so taxpayers are advised not to close the webpage till PINs are entered and validated. In case of any difficulty or delay, the taxpayer can log in again and follow the same process to update the current contact details.

CBDT extended the time-limit for filing ITR-V for Assessment years 2009-10, 2010-11 and 2011-12 till 31.03.2014

CBDT extended the time-limit for filing ITR-V for Assessment years 2009-10, 2010-11 and 2011-12 till 31.03.2014 returns-of-income which were electronically filed without a digital signature can send the sign copy of ITR -V Acknowledgment to ” Income Tax Department- CPC, POST BAG NO-1, ELECTRONIC CITY POST OFFICE, BANGALURU-560100, KARNATAKA”. by ORDINARY POST OR SPEED POST ONLY.

CIRCULAR NO. 04/2014 [ F.No.225/198/2013-ITA.IIDated : February 10, 2014

Relaxation of time limit for filing ITR V: ITR V form for A.Y’s 2009-10, 2010-11 and 2011-12 can be filed till 31.03.2014 for returns e- filed with refund claims within the time allowed u/s 139

Subject – Non-Filing of ITR-V in returns with refund claims-relaxation of time- limit for filing ITR-V and processing of such returns -regarding.

Several instances of grievances have come to the notice of the Board stating that a large number of returns-of-income for Assessment Year (‘AY’) 2009-2010, which were electronically filed without a digital signature in accordance with procedure laid down under the Income-tax Act, 1961(‘Act’), were not processed as such returns became non-est in law in view of Circular No. 3 of 2009 of CBD1 dated 21.05.09. Paragraphs 9 and 10 of the said Circular laid down that ITR-V had to be furnished to the (Centralised Processing Centre (‘CPC’), Bengaluru by post within 30 days from the date of transmitting the data electronically and in case, ITR-V was furnished after the stipulated period or not furnished, it was deemed that such a return was never furnished. It was claimed by some of the taxpayers that despite sending ITR-V through post to CPC within prescribed time-frame, the same probably could not reach CPC and thus such returns became non-est. Since ITR-V was required to be sent through (ordinary) post at a ‘post box’ address, there were no despatch receipts with the concerned senders in support of their claim of having furnished ITR-V to CPC within prescribed time limit.

2. Subsequently CBDT extended the time-limit for filing ITR-V (relating to Income-tax returns filed electronically without digital signature for AY 2009-2010) upto 31..12.2010 or 120 days from the date of filing, whichever was later. It also permitted sending of ITR-V either by ordinary or speed post to the CPC. However, for the AY 2009-10, some cases were still reported where return was declared non-est due to non-receipt of ITR-V by CPC even within such extended time-frame and consequently the refund so arising continue to remain held up.

3. Likewise, for AY’s 2070-11, and 2011-12, though relaxation of time for furnishing ITR-V was granted by Director General of Income Tax (systems), it has been noticed that a large number of such electronically filed returns still remain pending with Income-tax Department for want of receipt of valid ITR-V Certificate at CPC.

4. The matter has been examined. In order to mitigate the grievances of the taxpayers pertaining to non-receipt of tax refunds, Central Board of Direct Taxes, in exercise of powers under section 119(2)(a) of the Act, hereby further relaxes and extends the date for filing ITR-V Form for Assessment years 2009-10, 2010-11 and 2011-12 till 31.03.2014 for returns e-Filed with refund claims within the time allowed under section 139 of the Act The taxpayer concerned may send a duly signed copy of ITR-V to the CPC by this date by Speed post In such cases, central Board of Direct Taxes also relaxes the time-frame of issuing the intimation as provided in second proviso to sub section (1) of section 143 of the Act and directs that such returns shall be processed within a period of six months from end of the month in which ITR-V is received and the intimation of processing of such returns shall be sent to the assessee concerned as per laid down procedure.

5. Provision of sub-section (2) of section 244A of the Act would apply while determining the interest on such refunds.

6. The taxpayer concerned may ascertain whether ITR-V has been received in the CPC, Bengaluru or not by logging on the website of Income-tax Department – e-Filing/ Services/ITR-V Receipt Status.html by entering PAN No. and Assessment year or e-Filing Acknowledgement Number. Alternatively’ status of ITR-V could also be ascertained at the above website under ‘Click to view Returns/Forms’ after logging in with registered e-Filing account. In case ITR-V has not been received within the prescribed time’ status will not be displayed and further steps would be required to be taken as mentioned above.

Extension of Due Date of Filing Income Tax Return & Audit Report for FY 2012-13: AY 2013-14

Central Board of Direct Taxes (CBDT) has extended the due date of filing of Income Tax return and Audit report for FY 2012-2013.i.e AY 2013-2014 to 31st Oct 2013 from prescribe due date of 30th September 2013. Such decision has taken by CBDT after Delhi Chartered Accountant Society has filed writ petition in Delhi High Court for  extension of due date of tax audit as on the last date of tax Audit  i.e. 30.09.2013 there was default on the part of the Respondents as the site of the Income Tax Department was not working or response time of income tax website was very slow which made the e-filing of Income tax return impossible.

F.No. 225/117/2013/lTA-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North- New Delhi,

The Order under Section 119 of the Income Tax Act 1961

In exercise of powers conferred under section 119 of the Income-tax act, 1961 The Central Board of Direct Taxes, In continuation to order u/s 119 dated 26.09.2013 in F.No. 225/117/2013/1TA.II, hereby directs that in cases where the ‘due date’ of  furnishing audit and corresponding income-tax returns was 30th September, 2013 and when furnished electronically on or before 31 14 October, 2013, such reports of audit income shall be deemed to have been furnished within the ‘due date’ prescribed under section 139 of the Income-tax Act, 1961.

Extension of Due Date of Furnishing of Electronic Tax Audit Report to 31st Oct 2013

Circular only relating to Electronic Furnishing of Tax Audit Report but Assesee has to furnish tax audit report to Assessing officer on or before due date.

F.No. 225/117/2013/ITA.II

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

Dated- 26th September, 2013

Order under Section 119 of the Income-tax Act. 1961.

CBDT in exercise of power under sec 119(2)(a) of the IT Act, 1961 read with Sec 139 and Rule 12, has decided to relax the requirement of furnishing the Report of Audit electronically as prescribed under the proviso to sub-rule (2) of Rule 12 of the IT Rules for the Assessment Year 2013-14 as under-
(a) The assesses, who are presently finding it difficult to upload the prescribed Reports of Audit (as referred to above) in the system electronically may also furnish the same manually before the jurisdictional Assessing Officer within the prescribed due date.
(b) The said Report of Audit should however be furnished electronically on or before
31.10.2013.

Rohit Garg

Deputy-Secretary to Government of India