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.

Rajasthan VAT ACT 2003 :An Overview and Download

THE RAJASTHAN VALUE ADDED TAX ACT, 2003 has come into force on 30th March 2003 i.e. date when assent of the Governor was received. Value added tax is act  for levy of tax on sale or purchase of goods and to introduce value added system of taxation in the State of Rajasthan. Below Mention Act is updated till 8,March 2016 Last Budget of Rajasthan Government.

Summary of Rajasthan VAT 2003

Section 1 of RVAT Act 1. Short title, extent and commencement date for RVAT Act

Section 2 of the RVAT Act deals with different definition of the terms covered in the RVAT Act 2003. Important terms are 2(6) Meaning of Business , 2(10) Meaning of Term Contractor, 2(11) who is treated as Dealer or considered as dealer, 2(15) what do we mean by term Goods, 2(26) Place of Business and 2(35) & 2(36) definition of term sales and sales price and Most Sought after term works Contract is covered in section 2(44).

Section 3 of the RVAT Act deals with Incidence of tax i.e. who is liable to Rajasthan VAT. Importer of goods, manufacturer of goods with annual turnover of Rs 5 Lakhs and Trader of Goods having annual turnover exceeds Rs 10 lakhs. Also as per section 3(2) dealer having turnover of less than Rs 75 lakhs can opt for composition scheme and Turnover for composition scheme is calculated after deducting the turnover of goods covered in Schedule 1 of RVAT Act (Exempted Goods). Composition Scheme means that dealer will not charge VAT from customer/buyer but will pay specified percentage of turnover as fee in lieu of tax.

Section 4 of the RVAT Act deals with Levy of tax and its rate i.e. Taxable turnover is taxable at rates of VAT given in Schedule III to Schedule VI.

Section 5 of the RVAT Act deals with payment of lump sum in lieu of tax.

Section 6 of the RVAT Act deals with Levy of tax by weight, volume, measurement or unit on certain goods.

Section 7 deals with Levy of tax on livestock:  Tax shall be payable at such rate per head not exceeding five hundred rupees as may be notified.

Section 8 of RVAT Act Deals with taxation of Works Contract and Exemption of tax i.e. Exemption from Rajasthan VAT. Section 8(1) provides the list of goods covered under Schedule 1 which are exempted from Rajasthan VAT.Section 8(2) covers list of organisation to whom exemption form RVAT is given by the Government of Rajasthan. Exemption Scheme was given in Notification No 77 dated 11.08.2006 which has been amended Notification 3082 (F.12(101)FD/TAX/2011-59 Dated 13 August 2013 further Amended by Notification 3333 dated 09.03.2015 and last updated Notification for Amendment works Contract Exemption Fee is N.NO 3553 dated 08 March 2016.

Section 9 of RVAT Act deals with Bar against collection of tax when not payable i.e. Person not registered with Rajasthan Commercial Department under RVAT Act shall not collect any VAT from other person.

Section 10: Burden of proof i.e. its seller or purchasers liability to prove that particular Goods is not liable for VAT Tax.

Section 11 deals with Obligatory registration i.e. Who is required to register under VAT Every dealer liable to pay tax under sub–section (1) or (5) of section 3 shall get himself registered

Section 12 deal with Voluntary registration

Section 13: Authority competent to grant registration.

Section 14: Authorisation for collection of tax

Section 15 deals with Furnishing of security for registration. Security in the form of National Saving Certificate or in cash or in the form of three years bank guarantee of a nationalized bank of Rs 10,000/- for Small Scale Unit, Rs 15000/- for medium scale unit and Rs 25,000/- for Large Scale Unit (All for Manufacturing Concern). In case of Trading concern Rs 10,000/- and If Dealer is submitting initial security shall be in the form of surety of two dealers registered under this Act he is not required to submit bond or NSC. Dealer can give maximum surety of 4 concerns

Section 16: Amendment and cancellation of registration certificate Every change  there are 2 type of change 1. Change in Basic structure of Dealer 2. No Change is Basic Structure if any change effect the basic structure then dealer have to take New VAT registration e.g. such as, conversion of a proprietary concern into partnership firm or vice versa, dissolution of an existing firm and creation of new firm, formation of a firm into a company or vice versa, a fresh certificate of registration shall be required to be obtained by the dealer, in all other cases dealer is required to update VAT registration with 30 days from the date of change like addition or deletion of branch or change in address of registered office or addition of partner or addition of deletion of commodity or change in Name of business etc.

Section 17: how to Calculate Amount of  Tax payable by a dealer, Basic formula is

T = (O+R+P) – I
Where –
T is net tax payable;
O is amount of output tax;
R is amount of reverse tax;
P is the amount of tax payable under sub–section (2) of section 4; and
I is the amount of input tax.

Section 18: how to calculate Input Tax Credit, Input tax credit shall be allowed, to registered dealers on purchase of any taxable goods made within the State from a registered dealer for Sale but subject to conditions that where any goods purchased in the State are subsequently sold at subsidized price, the input tax allowable under this section in respect of such goods shall not exceed the output tax payable on such goods and no Input allowed for exempted goods.

Section 19: Input tax credit for stock on the date of commencement of this Act

Section 20: Payment of tax

Section 21 deals with Filing of return i.e. What are the different due dates for filling VAT returns under Rajasthan VAT and RVAT rules has provided the due date for RVAT return which are 45 days from the end of quarter for dealer who are liable to deposit tax on monthly basis i.e. Dealer liable to pay VAT of Rs 50,000/- for last financial year and 60 days from the end of the quarter for all the other VAT dealers.

Section 22: Assessment on failure to deposit tax or submit return or audit report

Section 23:  Self Assessment means dealer will be assessed based on the return filled by him.

Section 24: Dealer will be assessed based on the material available on record in case assesee officer not satisfied with the record available he can issue notice to dealer and dealer can file return or revise return and assessing officer can assesee best of his judgement, No assessment order under this section shall be passed after the expiry of two years from the end of the relevant year but Commissioner can extended the period of assessment and last date for assessment for FY 2013-14 is 31st July 2016.

Section 25 deals with  Assessment in case of avoidance or evasion of tax i.e. Dealer can be assessed for any period if assessee officer believes that dealer is trying evade tax but subject to condition that giving the dealer a reasonable opportunity of being heard. In case if tax is imposed under this section dealer has to deposit tax with 30 days of order.

Section 26: Escaped assessment means dealer escape the assessment due to non registration or under assessed.

Section 27: Audit of Dealer: Commissioner has reasons to believe that detail scrutiny of their business is necessary and No notice under sub–section (4) shall be issued after the expiry of five years, and no assessment under this section shall be made after the expiry of eight years, from the end of the relevant year.

Section 28: Assessment in case of a casual trader. Casual dealer will be assessed just after the transaction but no order or report can be made after the expiry of two years from the date of completion of the transaction.

Section 29:  Assessment in special cases. – (1) Minor and incapacitated person then tax will be recovered from guardian or trustee.

Section 30: Assessment of a dissolved firm

Section 31: Rounding–off of tax, interest and penalty rounded off to the nearest multiple of ten rupees

Section 32: Want of form not to affect proceedings.–

Section 33: Rectification of a mistake.No rectification under this section shall be made after the expiry of four years from the date of the order sought to be rectified.

Section 34: Reopening of ex–parte assessment

Section 35: Stay of proceeding.– No civil court or any other authority shall stay assessment proceedings purported to be initiated or already initiated under this Act.

Section 36: Determination of disputed questions

Section 37: Transfer of cases. A dealer may make an application on plain paper to the Commissioner to transfer any case under this Act from one officer or authority to other officer or authority on the following grounds, namely:– (a) Dispute of jurisdiction; or (b) Apprehension of miscarriage of justice; or (c) Business convenience.

Section 38: Liability for payment of tax or demand

Section 39: Liability of a surety.– The liability of a surety under this Act shall be co–extensive to the extent of the amount of security with that of the defaulting dealer and all the modes of recovery enforceable against the dealer shall be simultaneously enforceable against the surety.

Section 40: Liability of the representatives of a deceased person.–Representative of deceased person has to apply for VAT registration within 30 days of Death.

Section 41: Liability on dissolution, discontinuance or partition of business.

Section 42: Liability on transfer of business.–In case of transfer of business then the remaining unpaid at the time of the transfer, shall be payable by the transferee.

Section 43: Liability of principal and agent. Both Agent and Principal are jointly and severally liable to pay tax.

Section 44: Liability of firms and partners. All the partners are liable under the Act  for Tax.

Section 45: . Liability of Directors of a private company. Every person who was a director, at any time during the period for which the tax or other sums are due, shall be jointly and severally liable for the payment of such ta every person who was a director, at any time during the period for which the tax or other sums are due, shall be jointly and severally liable for the payment of such tax.

Section 46: Liability in case of amalgamation of companies

Section 47: Liability under this Act to be the first charge

Section 48: Certain transfers to be void.

Section 49: General mode of recovery. Any tax due shall be recoverable as an arrear of land revenue can be recovered by by attachment and sale of movable or immovable property of such dealer or person.

Section 50: Special mode of recovery. Tax can be recovered from any person from whom any amount is due or may become due to a dealer who has failed to pay due tax or other sum on demand by the assessing authority; or  any person who holds or may subsequently hold any money for or on account of such dealer.

Section 51: Power to reduce or waive interest and penalty in certain cases.If Commissioner is satisfied the dealer is under financial hardship and not is position to pay demand can wiase penalty or interest or both but only after recording reasons in writing.

Section 51A: Power of State Government to waive penalty and interest in certain cases

Section 51B:  Rebate of tax

Section 52: Power to write off demand.Writing off demand if its more than 10 year old and can’t be recovered as no property is available for attachment and demand has become irrecoverable.

Section 53: process of applying for refund

Section 54: Power to obtain security or withhold refund in certain cases.

Section 55: Interest on failure to pay tax or other sum payable.

Section 56: Penalty for not making application for registration is Rs 1000/-

Section 57: Penalty for failure to furnish security at the time of registration or additional security under section 15 then AO can impose penalty of Rs 2000/- and a further penalty of rupees twenty five for every day” till the requisite security or additional security is furnished.

Section 59: Penalty for not maintaining or keeping accounts “a sum not exceeding rupees five thousand and in case of continuing default a further penalty of rupees fifty for every day of such continuance.”

Section 60: Forfeiture and penalty for unauthorised collection of tax by unregistered dealer or excess collection by dealer then penalty in addition to tax collected will be a penalty equal to double the amount of tax which has been so collected by him.

Section 61: Penalty for avoidance or evasion of tax.–Penalty in addition to tax payable by him under this Act, a sum equal to two times the amount of tax avoided or evaded.

Section 62: Penalty for not furnishing statistics  “shall pay by way of penalty, a sum not exceeding rupees one thousand

Section 63: . Penalty on awarders. Where an awarder of a works contract, fails to deduct the amount in lieu of tax from the bill of a contractor as prescribed, or after having deducted such amount from such bill does not deposit the same in the prescribed manner and time, he shall be liable to pay tax deducted by him and a penalty for each violation, “which may extend upto rupees one thousand in the case of non–deduction, and a penalty at the rate of two percent per month on the amount so deducted” but not deposited for the period during which such default continues.

Section 64: Penalty for other violations

Section 65: Opportunity before imposition of penalty.– No penalty under this Act shall be imposed unless a reasonable opportunity of being heard is afforded to the dealer or the person concerned.

Section 66: Time limit for imposition of penalty or levy of interest. No order for imposition of penalty after expiry of two years from the end of the year in which the relevant assessment or rectification order is passed.

Section 67: Prosecution for offence

Section 68: Composition of offences.

Section 69: Penalty or composition under this Act not to interfere with punishment under other law.

Section 70: Investigation of offence

Section 71:  Accounts to be maintained by a dealer. Dealer should maintain record through which the value and quantity of the goods received, manufactured, sold or otherwise disposed of or held in stock by him can be calculated

Section 72:  Registered dealers to issue VAT invoice.

Section 73:  Audit of accounts. Every Dealer other than who opt for payment under section 3(2) or under section 5 or who efiles the VAT return. which makes Audit section irrelevant as all the dealers registered under Rajasthan VAT are required to e-file VAT return.

Section 74: Dealer to declare the name of his business manager in FORM VAT 02

Section 75: Power of entry, inspection and seizure of accounts and goods.

Section 76: Establishment of check–post or barrier and inspection of goods while in movement.

Section 77:Establishment of check–post on contract basis.

Section 78: Transit of goods by road through the State and issue of transit pass. shall make an order that notwithstanding anything contained in this Act, Where such owner, driver or person incharge fails to deliver such transit pass in respect of any goods such owner, driver or person incharge shall pay tax on such sale together with the penalty equal to double the amount of such tax. Transit Pass in FORM 47A. Rajasthan State Government has  specified the list of Goods for which transit passed is required.Form VAT 47A can be generated online through Rajtax Portal.

Section 79:  Import of goods into the State or export of goods outside the State.

Section 80: Liability to (“xxx”) furnish information by certain agent

Section 80A:  Liability to furnish information by certain persons

Section 81: Special provisions relating to under–billing. where AO believes that goods are under valued then he may seized the goods and impose the addition amount tax and impose penalty equal such additional VAT tax.

Section 82:  Appeal to the appellate authority. Appeal to be presented with 60 days of date of communication of such order.

Section 83:  Appeal to the Tax Board

Section 84: Revision to the High Court

Section 85: Revision to the Commissioner

Section 86:  No appeal or revision in certain cases. Dealer cannot file appeal or revision under section 82, 83,84 and section 85 for matter related to notice or summons issued for assessment, direction to maintain certain accounts or furnish certain information, statement, statistics or return; an order for impounding, seizure or retention of accounts, registers or documents etc.

Section 87: Persons appointed under this Act to be public servants

Section 88: Constitution of the Rajasthan Tax Board

Section 89: Indemnity.– No suit, prosecution or other legal proceeding shall lie against any officer or official of the State Government for anything which is done or intended to be done under this Act or the rules made thereunder in good faith.

Secion 90: Bar to proceedings except as provided in this Act.– No assessment made and no order passed by any officer appointed or authority constituted under this Act, shall be called into question, except as provided in this Act.

Section 91; General powers of the Commissioner

Section 92: Power to enforce evidence.

Section 93: Power to seek assistance from police officer or other officer.–

Section 94: Disclosure of information relating to a dealer.– (1) Where any information about the registration, returns and assessment or matters incidental thereto, of a dealer is required– (a) by a court in connection with any proceeding before it; or (b) by a police officer in connection with any investigation of a case; or (c) by any Government department for an

Section 95: Automation

Section 97: Court fees payable under this Act.– (1) Notwithstanding anything contained in any other law for the time being in force, all applications, appeals and other proceedings under this Act shall require court fee stamps of such value as may be prescribed. (2) The State Government shall be exempted from court fee leviable under this Act and the rules made there under. “

Section 97A: No refund etc. in case of retrospective exemption.In case any change giving retrospective exemption to dealer and he has collected VAT tax then has to deposit that sum with Rajasthan State Government and if already deposited no refund will be issued.

Section 97B: Delegation of powers.- The State Government may, by notification in the Official Gazette, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by an assessing authority under this Act may be exercised by such officer of the State Government, as may be specified in the notification.”

Section 98: Power to remove difficulties. – (1) Where any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification make such orders not inconsistent with this Act, as may appear to be necessary or expedient for removing the difficulty. (2) No order under sub–section (1) shall be made after the expiration of three years from the date of commencement of this Act. (3) Every order made under sub–section (1) shall be laid before the House of the State Legislature.

Section 99: Power to make rules.–All rules made under this Act, shall be laid, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the sessions in which they are so laid or in the session immediately following the House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there under.

 Section 100: Repeal and savings.

DOWNLOAD PDF RAJASTHAN VALUE ADDED ACT 2003

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Legal Compliance Calendar for June Month-2016

Legal Compliance Calendar for June 2016: Every business consultant, business person and their legal and compliance department are always on guard that they fulfill all the regulatory filing on time. So 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 etc.

Income Tax Compliance for June 2016 

  1. 7th June – Due for payment of TDS/TCS for May’2016
  2. 15th June- Last date for first installment of advance Income tax for Assessee having tax liability more than Rs. 10000/- and
  3. 15th June – Issuance of TDS certificate for other than salary for quarter 1 i.e. for TDS return filed for Period January to March 2016 due date for same was 15 May 2016 same has been to changed to 30 May for next year

Rules and Guidelines for Income Tax Compliance 

A. For companies

  • TDS deducted during May’2016 due for payment on 07.06.16.
  • Advance tax for FY 16-17 First instt of 15% due on 15/06/2016
  • Issue TDS certificate for Q1 for other than salary by 15/06/16 and TCS certificate by 30/05/16

B. For firm and individual covered under tax audits

  •  TDS deducted in May’ 2016 payment due on- 07.06.2016.
  • Advance tax to be paid 15% ( first installment) of tax liability till 15/06/2016
  • Issue TDS certificate for quarter ending 31st March 2016 for other than salary by 15/06/16 and TCS certificate by 30/05/2016
  • Annual information statement due date 31/05/2016

Central Excise and Custom  Compliance for June 2016 

  1. 6th June- Due date for payment of excise for the month of May’2016
  2. 10th June – Last date for excise return for the month of May’2016 – Due Date for ER-1

Rules and Guidelines for Central Excise Compliance 

  • Excise registered units as Small Scale Industry – No payment and no return due this month of June but Unit Registered as Non SSI units – Last date for payment for the month of May is 06.06.2016 and for return 10.06.2016

Service Tax Compliance for June 2016 

  1. 6th June- Due date for payment of service tax for the month of May’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

VAT Tax Compliance for June 2016 

  1. 14th June- Last date for payment of Rajasthan VAT liability for dealer covered under monthly tax liablity.
  2. 14th June – Last date for Works Contract Tax TDS is for May 2016
  3. 15th June – Last for Monthly return for Composition Dealer under Karnataka VAT
  4. 15th June – Last date for TDS deposit for previous month under Delhi VAT
  5. 20th June – 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
  6. 21st June -Last date for payment of MVAT liability.
  7. 29th June- Last date for filing of VAT 11 annual return for the Year 2015-16 in Rajasthan VAT
  8. 30th June – Due Date filing return half yearly return for October to March (For dealers not liable to file F-704 under Maharashtra VAT
  9. 30th June – Person who stands enrolled before the commencement of a year or is enrolled on or before 31st May of a year under under Profession Tax Act 1975 for Profession Tax Enrollment Certificate (PTEC) holder Maharashtra

Provident Fund and ESIC Compliance for June 2016 

  1. 15th June – 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 June- Last date for payment of ESIC liability for May 2016.
  3. 25th June- Last date for filing of PF return for the month of May

Corporate Law and LLP Compliance 

30th June – Extended Last date for return of LLP for FY- 2015-16

Summary Date-wise Compliance under different rules and regulation

  • 6th June- Due date for payment of excise and service tax for the month of May’2016
  • 7th June – Due for payment of TDS/TCS for May’2016
  • 10th June – Last date for excise return for the month of May’2016
  • 14th June- Last date for payment of RAJ VAT liability.
  • 14th June – Last date for WCT TDS is for May’2016
  • 15th June – last date for payment of Provident fund liability
  • 15th June- Last date for first installment of advance Income tax for Assessee having tax liability more than Rs. 10000/- and issuance of TDS certificate for other than salary for quarter 4 for FY 2015-16
  • 20th June – Different VAT return under Karnataka VAT
  • 21st June – MVAT last Date of Payment
  • 21st June- Last date for payment of ESIC liability for May 2016.
  • 25th June- Last date for filing of PF return for the month of May
  • 29th June- Last date for filing of VAT 11 annual return for the Year 2015-16 in RAJ VAT
  • 30th June – Extended Last date for return of LLP for FY- 2015-16

DOWNLOAD FINANCE BILL 2016: BUDGET 2016-2017

FINANCE Bill 2016: BUDGET 2016-2017

This Year i.e. 2016-2017 Budget was Presented by Finance Minister Mr. Arun Jaitley (Budget of 2014-15 & 2015-16 also by Arun Jaitley under the Prime Minsiter  of India Mr.Narendra Modi) Finance Minister has started the Budget with Following Paragraph on February 29, 2016

“I am presenting this Budget when the global economy is in serious crisis. Global growth has slowed down from 3.4% in 2014 to 3.1% in 2015. Financial markets have been battered and global trade has contracted. Amidst all these global headwinds, the Indian economy has held its ground firmly. Thanks to our inherent strengths and the policies of this Government, a lot of confidence and hope continues to be built around India. The International Monetary Fund has hailed India as a ‘bright spot’ amidst a slowing global economy. The World Economic Forum has said that India’s growth is ‘extraordinarily high’. We accomplished this despite very unfavourable conditions and despite the fact that we inherited an economy of low growth, high inflation and zero investor confidence in Government’s capability to govern. We converted these difficulties and challenges into opportunities.” 

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KEY IMPORTANT FEATURES OF INDIA BUDGET 2016-17

Key Features of India Budget for Year 2016-2017

  • Growth of Economy accelerated to 7.6% in 2015-16. Fiscal deficit in RE 2015-16 and BE 2016-17 retained at 3.9% and 3.5%. Revenue Deficit target from 2.8% to 2.5% in RE 2015-16.
  • Total expenditure projected at Rs. 19.78 lakh crore. Plan expenditure pegged at Rs. 5.50 lakh crore under Plan, increase of 15.3%. Non-Plan expenditure kept at Rs.14.28 lakh crores
  • Foreign exchange reserves touched highest ever level of about 350 billion US dollars.
  • Allocation for Agriculture and Farmers’ welfare is Rs. 35,984 crore
  • ‘Pradhan Mantri Krishi Sinchai Yojana’ to be implemented in mission mode. 28.5 lakh hectares will be brought under irrigation.
  • A dedicated Long Term Irrigation Fund will be created in NABARD with an initial corpus of about Rs 20,000 crore.
  • Promote organic farming through ‘Parmparagat Krishi Vikas Yojana’ and ‘Organic Value Chain Development in North East Region’.
  • Allocation under Pradhan Mantri Gram Sadak Yojana increased to Rs. 19,000 crore. Will connect remaining 65,000 eligible habitations by 2019.
  • To reduce the burden of loan repayment on farmers, a provision of Rs.15,000 crore has been made in the BE 2016-17 towards interest subvention
  • Allocation under Prime Minister Fasal Bima Yojana Rs.5,500 crore.
  • Rs. 850 crore for four dairying projects – ‘Pashudhan Sanjivani’, ‘Nakul Swasthya Patra’, ‘E-Pashudhan Haat’ and National Genomic Centre for indigenous breeds.
  • A sum of Rs. 38,500 crore allocated for MGNREGS (Mahatma Gandhi National Rural Employment Gurantee Act for Details About NREGA Scheme www.nrega.nic.in)
  • 3,000 Stores under Prime Minister’s Jan Aushadhi Yojana will be opened during 2016-17.
  • “Stand Up India Scheme” to facilitate at least two projects per bank branch. This will benefit at least Rs.2.5 lakh entrepreneurs.
  • Digital Depository for School Leaving Certificates, College Degrees, Academic Awards and Mark sheets to be set-up.
  • GoI will pay contribution of 8.33% for of all new employees enrolling in EPFO for the first three years of their employment. Budget provision of Rs. 1000 crore for this scheme.
  • Deduction under Section 80JJAA of the Income Tax Act will be available to all assesses who are subject to statutory audit under the Act.
  • Total investment in the road sector, including PMGSY allocation, would be Rs. 97,000 crore during 2016-17.
  • India’s highest ever kilometres of new highways were awarded in 2015. To approve nearly 10,000 kms of National Highways in 2016-17.Allocation of Rs. 55,000 crore in the Budget for Roads. Additional Rs. 15,000 crore to be raised by NHAI through bonds.Total outlay for infrastructure – Rs. 2,21,246 crore.
  • Mobilisation of additional finances to the extent of Rs. 31,300 crore by NHAI, PFC, REC, IREDA, NABARD and Inland Water Authority by raising Bonds.
  • Amendments in the SARFAESI Act 2002 to enable the sponsor of an ARC to hold up to 100% stake in the ARC and permit non institutional investors to invest in Securitization Receipts.
  • Allocation of Rs. 25,000 crore towards recapitalisation of Public Sector Banks.Target of amount sanctioned under Pradhan Mantri Mudra Yojana increased to Rs. 1,80,000 crore.General Insurance Companies owned by the Government to be listed in the stock exchanges.
  • Raise the ceiling of tax rebate under section 87A from Rs.2000 to Rs.5000 to lessen tax burden on individuals with income upto Rs. 5 laks. Increase the limit of deduction of rent paid under section 80GG from Rs.24000 per annum to Rs.60000, to provide relief to those who live in rented houses.Deduction for additional interest of Rs.50,000 per annum for loans up to Rs.35 lakh sanctioned in 2016-17 for first time home buyers, where house cost does not exceed Rs. 50 lakh.
  • Increase the turnover limit under Presumptive taxation scheme under section 44AD of the Income Tax Act to Rs.2 crores to bring big relief to a large number of assessees in the MSME category.
  • Extend the presumptive taxation scheme with profit deemed to be 50%, to professionals with gross receipts up to Rs.50 lakh
  • Phasing out deduction under Income Tax: Accelerated depreciation wherever provided in IT Act will be limited to maximum 40% from 1.4.2017. Benefit of deductions for Research would be limited to 150% from 1.4.2017 and 100% from 1.4.2020. Benefit of section 10AA to new SEZ units will be available to those units which commence activity before 31.3.2020. The weighted deduction under section 35CCD for skill development will continue up to 1.4.2020.
  • Additional tax at the rate of 10% of gross amount of dividend will be payable by the recipients receiving dividend in excess of Rs.10 lakh per annum.
  • New manufacturing companies incorporated on or after 1.3.2016 to be given an option to be taxed at 25% + surcharge and cess provided they do not claim profit linked or investment linked deductions and do not avail of investment allowance and accelerated depreciation. Lower the corporate tax rate for the next financial year for relatively small enterprises i.e companies with turnover not exceeding Rs.5 crore (in the financial year ending March 2015), to 29% plus surcharge and cess.
  • 100% deduction of profits for 3 out of 5 years for startups setup during April, 2016 to March, 2019. MAT will apply in such cases.
  • 10% rate of tax on income from worldwide exploitation of patents developed and registered in India by a resident.
  • Complete pass through of income-tax to securitization trusts including trusts of ARCs. Securitisation trusts required to deduct tax at source.
  • Period for getting benefit of long term capital gain regime in case of unlisted companies is proposed to be reduced from three to two years.
  • Non-banking financial companies shall be eligible for deduction to the extent of 5% of its income in respect of provision for bad and doubtful debts.
  • Determination of residency of foreign company on the basis of Place of Effective Management (POEM) is proposed to be deferred by one year.
  • Commitment to implement General Anti Avoidance Rules (GAAR) from 1.4.2017.
  • Exemption of service tax on services provided under Deen Dayal Upadhyay Grameen Kaushalya Yojana and services provided by Assessing Bodies empanelled by Ministry of Skill Development & Entrepreneurship.
  • Exemption of Service tax on general insurance services provided under ‘Niramaya’ Health Insurance Scheme launched by National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability.
  • Basic custom and excise duty on refrigerated containers reduced to 5% and 6%.
  • Surcharge to be raised from 12% to 15% on persons, other than companies, firms and cooperative societies having income above Rs. 1 crore.
  • Tax to be deducted at source at the rate of 1 % on purchase of luxury cars exceeding value of Rs.ten lakh and purchase of goods and services in cash exceeding Rs.two lakh.
  • Securities Transaction tax in case of ‘Options’ is proposed to be increased from .017% to .05%.
  • Equalization levy of 6% of gross amount for payment made to non- residents exceeding ` 1 lakh a year in case of B2B transactions.
  • Krishi Kalyan Cess, @ 0.5% on all taxable services, w.e.f. 1 June 2016. Proceeds would be exclusively used for financing initiatives for improvement of agriculture and welfare of farmers. Input tax credit of this cess will be available for payment of this cess.
  • Infrastructure cess, of 1% on small petrol, LPG, CNG cars, 2.5% on diesel cars of certain capacity and 4% on other higher engine capacity vehicles 13 and SUVs. No credit of this cess will be available nor credit of any other tax or duty be utilized for paying this cess.
  • Excise duty of ‘1% without input tax credit or 12.5% with input tax credit’ on articles of jewellery [excluding silver jewellery, other than studded with diamonds and some other precious stones], with a higher exemption and eligibility limits of Rs.6 crores and Rs.12 crores respectively.
  • Excise on readymade garments with retail price of Rs.1000 or more raised to 2% without input tax credit or 12.5% with input tax credit.
  • ‘Clean Energy Cess’ levied on coal, lignite and peat renamed to ‘Clean Environment Cess’ and rate increased from Rs.200 per tonne to Rs.400 per tonne.
  • Excise duties on various tobacco products other than beedi raised by about 10 to 15%.
  • Domestic taxpayers can declare undisclosed income or such income represented in the form of any asset by paying tax at 30%, and surcharge at 7.5% and penalty at 7.5%, which is a total of 45% of the undisclosed income. Declarants will have immunity from prosecution.
  • Surcharge levied at 7.5% of undisclosed income will be called Krishi Kalyan surcharge to be used for agriculture and rural economy.
  • New Dispute Resolution Scheme to be introduced. No penalty in respect of cases with disputed tax up to Rs.10 lakh. Cases with disputed tax exceeding Rs.10 lakh to be subjected to 25% of the minimum of the imposable penalty.
  • Any pending appeal against a penalty order can also be settled by paying 25% of the minimum of the imposable penalty and tax interest on quantum addition.
  • High Level Committee chaired by Revenue Secretary to oversee fresh cases where assessing officer applies the retrospective amendment.
  • One-time scheme of Dispute Resolution for ongoing cases under retrospective amendment.
  • Penalty rates to be 50% of tax in case of underreporting of income and 200% of tax where there is misreporting of facts.
  • Disallowance will be limited to 1% of the average monthly value of investments yielding exempt income, but not exceeding the actual expenditure claimed under rule 8D of Section 14A of Income Tax Act.
  • Time limit of one year for disposing petitions of the tax payers seeking waiver of interest and penalty.
  • Mandatory for the assessing officer to grant stay of demand once the assesse pays 15% of the disputed demand, while the appeal is pending before Commissioner of Income-tax (Appeals).
  • Monetary limit for deciding an appeal by a single member Bench of ITAT enhanced from Rs. 15 lakhs to Rs.50 lakhs.
  • 11 new benches of Customs, Excise and Service Tax Appellate Tribunal (CESTAT).

Most Common FAQ on GST: Answer on Goods & Service Tax

Most Common FAQ on Goods and Services Tax (GST): Answer on Goods & Services Tax in India and its need

GST is an Step towards or Move towards the comprehensive indirect tax reforms in the India. Its will integrate Indirect taxes in India and bring them under single umbrella making it more efficient tax collection machinery and giving the benefit of Input tax credit for CST for interstate trade and will help is removing cascading effects of system of multi-point sales taxation. The introduction of GST at the Central level will not only include comprehensively more indirect Central taxes and integrate goods and service taxes for the purpose of set-off relief but also help entrepreneur in better handling of their business as they have to deal with single tax authority for indirect taxes. Also After GST’s arrival state taxes like entry tax ,luxury tax, entertainment tax, etc.and Central Taxes like Central Sales Tax, Central Excise and Service tax will be merged into GST.

Salient features of the Goods and Services Tax

  • The GST shall have two components: one levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States (hereinafter referred to as State GST).
  • The Central GST and the State GST would be applicable to all transactions of goods and services
  • Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST and could be utilized only against the payment of Central GST. The same principle will be applicable for the State GST
  • Centre and the States would have concurrent jurisdiction for the entire value chain and for all taxpayers
  • Exemption Limit will be Rs 10 Lakhs for GST, so if persons turnover is less than Rs 10 lakhs then not liable to GST Registration
  • Composition Scheme for GST will be for Turnover of Rs 50 Lakhs with a floor rate of 0.5% across the States
  • Each taxpayer would be allotted a PAN-linked taxpayer identification number with a total of 13/15 digits, so merging the closing  the current system of TIN based
  • Merger of Different Taxes into GST like Central Excise Duty, Service Tax, Special Additional Duty of Customs , Additional Customs Duty, commonly known as Countervailing Duty (CVD etc. And Merger of State Taxes like VAT / Sales tax, Entertainment tax, Luxury tax, Taxes on lottery, betting and gambling, Entry tax not in lieu of Octroi etc.
  • GST will not cover Tax on items containing Alcohol, Tax on Tobacco products. Tax on Petroleum Products

Frequently Asked Questions and Answers on GST

Question 1 :   What is the justification of GST ?

Answer :      There was a burden of “tax on tax” in the pre-existing Central excise duty of the Government of India and sales tax system of the State Governments. The introduction of Central VAT (CENVAT) has removed the cascading burden of “tax on tax” to a good extent by providing a mechanism of “set off” for tax paid on inputs and services upto the stage of production, and has been an improvement over the pre-existing Central excise duty. Similarly, the introduction of VAT in the States has removed the cascading effect by giving set-off for tax paid on inputs as well as tax paid on previous purchases and has again been an improvement over the previous sales tax regime.

But both the CENVAT and the State VAT have certain incompleteness. The incompleteness in CENVAT is that it has yet not been extended to include chain of value addition in the distributive trade below the stage of production. It has also not included several Central taxes, such as Additional Excise Duties, Additional Customs Duty, Surcharges etc. in the overall framework of CENVAT, and thus kept the benefits of comprehensive input tax and service tax set-off out of the reach of manufacturers/dealers. The introduction of GST will not only include comprehensively more indirect Central taxes and integrate goods and services taxes for set-off relief, but also capture certain value addition in the distributive trade.

Similarly, in the present State-level VAT scheme, CENVAT load on the goods has not yet been removed and the cascading effect of that part of tax burden has remained unrelieved. Moreover, there are several taxes in the States, such as, Luxury Tax, Entertainment Tax, etc. which have still not been subsumed in the VAT. Further, there has also not been any integration of VAT on goods with tax on services at the State level with removal of cascading effect of service tax. In addition, although the burden of Central Sales Tax (CST) on inter-State movement of goods has been lessened with reduction of CST rate from 4% to 2%, this burden has also not been fully phased out.  With the introduction of GST at the State level, the additional burden of CENVAT and services tax would be comprehensively removed, and a continuous chain of set-off from the original producer’s point and service provider’s point upto the retailer’s level would be established which would eliminate the burden of all cascading effects, including the burden of CENVAT and service tax.  This is the essence of GST. Also, major Central and State taxes will get subsumed into GST which will reduce the multiplicity of taxes, and thus bring down the compliance cost. With GST, the burden of CST will also be phased out.

Thus GST is not simply VAT plus service tax, but a major improvement over the previous system of VAT and disjointed services tax – a justified step forward.

Question 2.    What is GST? How does it work ?

Answer :         As already mentioned in answer to Question 1, GST is a tax  on goods and services with comprehensive and continuous chain of set-off benefits from the producer’s point and service provider’s point upto the retailer’s level. It is essentially a tax only on value addition at each stage, and a supplier at each stage is permitted to set-off, through a tax credit mechanism, the GST paid on the purchase of goods and services as available for set-off on the GST to be paid on the supply of goods and services. The final consumer will thus bear only the GST charged by the last dealer in the supply chain, with set-off benefits at all the previous stages.

The illustration shown below indicates, in terms of a hypothetical example with a manufacturer, one wholeseller and one retailer, how GST will work. Let us suppose that GST rate is 10%, with the manufacturer making value addition of Rs.30 on his purchases worth Rs.100 of input of goods and services used in the manufacturing process. The manufacturer will then pay net GST of Rs. 3 after setting-off Rs. 10 as GST paid on his inputs (i.e. Input Tax Credit) from gross GST of Rs. 13. The manufacturer sells the goods to the wholeseller. When the wholeseller sells the same goods after making value addition of (say), Rs. 20, he pays net GST of only Rs. 2, after setting-off of Input Tax Credit of Rs. 13 from the gross GST of Rs. 15 to the manufacturer. Similarly, when a retailer sells the same goods after a value addition of (say) Rs. 10, he pays net GST of only Re.1, after setting-off Rs.15 from his gross GST of Rs. 16 paid to wholeseller. Thus, the manufacturer, wholeseller and retailer have to pay only Rs. 6 (= Rs. 3+Rs. 2+Re. 1) as GST on the value addition along the entire value chain from the producer to the retailer, after setting-off GST paid at the earlier stages. The overall burden of GST on the goods is thus much less. This is shown in the table below. The same illustration will hold in the case of final service provider as well.

Question 3 :   How can the burden of tax, in general, fall under GST ?

Answer :         As already mentioned in Answer to Question 1, the present forms of CENVAT and State VAT have remained incomplete in removing fully the cascading burden of taxes already paid at earlier stages. Besides, there are several other
taxes, which both the Central Government and the State Government levy on production, manufacture and distributive trade, where no set-off is available in the form of  input tax credit.  These taxes add to the cost of goods and services through “tax on tax” which the final consumer has to bear.  Since, with the introduction of GST, all the cascading effects of CENVAT and service tax would be removed with a continuous chain of set-off from the producer’s point to the retailer’s point, other major Central and State taxes would be subsumed in GST and CST will also be phased out, the final net burden of tax on goods, under GST would, in general, fall. Since there would be a transparent and complete chain of set-offs, this will help widening the coverage of tax base and improve tax compliance. This may lead to higher generation of revenues which may in turn lead to the possibility of lowering of average tax burden.

 Question 4 :   How will GST benefit industry, trade and agriculture ?

Answer  :   As mentioned in Answer to Question 3, the GST will give more relief to industry, trade and agriculture through a more comprehensive and wider coverage of input tax set-off and service tax set-off, subsuming of several Central and State taxes in the GST and phasing out of CST. The transparent and complete chain of set-offs which will result in widening of tax base and better tax compliance may also lead to lowering of tax burden on an average dealer in industry, trade and agriculture.

Question 5 :   How will GST benefit the exporters?

Answer :   The subsuming of major Central and State taxes in GST, complete and comprehensive set-off of input goods and services and phasing  out of Central Sales Tax (CST) would reduce the cost of locally manufactured goods and services. This will increase the competitiveness of Indian goods and services in the international market and give boost to Indian exports. The uniformity in tax rates and procedures across the country will also go a long way in reducing the compliance cost.

Question 6 :   How will GST benefit the small entrepreneurs and small traders?

Answer :         The present threshold prescribed in different State VAT Acts below which VAT is not applicable varies from State to State. The existing threshold of goods under State VAT is Rs. 5 lakhs for a majority of bigger States and a lower threshold for North Eastern States and Special Category States. A uniform State GST threshold across States is desirable and, therefore, the Empowered Committee has recommended that a threshold of gross annual turnover of Rs. 10 lakh both for goods and services for all the States and Union Territories may be adopted with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. Keeping in view the interest of small traders and small scale industries and to avoid dual control, the States considered that the threshold for Central GST for goods may be kept at Rs.1.5 crore and the threshold for services should also be appropriately high. This raising of threshold will protect the interest of small traders. A Composition scheme for small traders and businesses has also been envisaged under GST as will be detailed in Answer to Question 14. Both these features of GST will adequately protect the interests of small traders and small scale industries.

Question 7 :  How will GST benefit the common consumers?

Answer :         As already mentioned in Answer to Question 3, with the introduction of GST, all the cascading effects of CENVAT and service tax will be more comprehensively removed with a continuous chain of set-off from the producer’s point to the retailer’s point than what was possible under the prevailing CENVAT and VAT regime. Certain major Central and State taxes will also be subsumed in GST and CST will be phased out. Other things remaining the same, the burden of tax on goods would, in general, fall under GST and  that would benefit the consumers.

Question 8 :   What are the salient features of the proposed GST model?

Answer :         The salient features of the proposed model are as follows:

 (i)       Consistent with the federal structure of the country, the GST will have two components: one levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States (hereinafter referred to as State GST). This dual GST model would be implemented through multiple statutes (one for CGST and SGST statute for every State). However, the basic features of law such as chargeability, definition of taxable event and taxable person, measure of levy including valuation provisions, basis of classification etc. would be uniform across these statutes as far as practicable.

(ii)      The Central GST and the State GST would be applicable to all transactions of goods and services except the exempted goods and services, goods which are outside the purview of GST and the transactions which are below the prescribed threshold limits.

(iii)     The Central GST and State GST are to be paid to the accounts of the Centre and the States separately.

(iv)     Since the Central GST and State GST are to be treated separately, in general, taxes paid against the Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST and could be utilized only against the payment of Central GST.  The same principle will be applicable for the State GST.

(v)     Cross utilisation of ITC between the Central GST and the State GST would, in general, not be allowed.

(vi)     To the extent feasible, uniform procedure for collection of both Central GST and State GST would be prescribed in the respective legislation for Central GST and State GST.    

(vii)    The administration of the Central GST would be with the Centre and for State GST with the States.

 (viii)   The taxpayer would need to submit periodical returns to both the Central GST authority and to the concerned State GST authorities.

(ix)     Each taxpayer would be allotted a PAN- linked taxpayer identification number with
a total of 13/15 digits.  This would bring the GST PAN-linked system in line with the prevailing PAN-based system for Income tax facilitating data exchange and taxpayer compliance. The exact design would be worked out in consultation with the Income-Tax Department. 

(x)      Keeping in mind the need of tax payers convenience, functions such as assessment, enforcement, scrutiny and audit would be undertaken by the authority which is collecting the tax, with information sharing between the Centre and the States.

Question 9 :   Why is Dual GST required ?

Answer :         India is a federal country where both the Centre and the States have been assigned the powers to levy and collect taxes through appropriate legislation. Both the levels of Government have distinct responsibilities to perform according to the division of powers prescribed in the Constitution for which they need to raise resources. A dual GST will, therefore, be in keeping with the Constitutional requirement of fiscal federalism.

Question 10 : How would a particular transaction of goods and services be taxed simultaneously under Central GST (CGST) and State GST (SGST)?

Answer :         The Central GST and the State GST would be levied simultaneously on every transaction of supply of goods and services except the exempted goods and services, goods which are outside the purview of GST and the transactions which are below the prescribed threshold limits. Further, both would be levied on the same price or value unlike State VAT which is levied on the value of the goods inclusive of CENVAT. While the location of the supplier and the recipient within the country is immaterial for the purpose of CGST, SGST would be chargeable only when the supplier and the recipient are both located within the State.

Illustration I :  Suppose hypothetically that the rate of CGST is 10% and that of SGST is 10%. When a wholesale dealer of steel in Uttar Pradesh supplies steel bars and rods to a construction company which is also located within the same State for, say Rs. 100, the dealer would charge CGST of Rs. 10 and SGST of Rs. 10 in addition to the basic price of the goods. He would be required to deposit the CGST component into a Central Government account while the SGST portion into the account of the concerned State Government. Of course, he need not actually pay Rs. 20 (Rs. 10 + Rs. 10) in cash as he would be entitled to set-off this liability against the CGST or SGST paid on his purchases (say, inputs). But for paying CGST he would be allowed to use only the credit of CGST paid on his purchases while for SGST he can utilize the credit of SGST alone. In other words, CGST credit cannot, in general, be used for payment of SGST. Nor can SGST credit be used for payment of CGST.

Illustration II: Suppose, again hypothetically, that the rate of CGST is 10% and that of SGST is 10%. When an advertising company located in Mumbai supplies advertising services to a company manufacturing soap also located within the State of Maharashtra for, let us say Rs. 100, the ad company would charge CGST of Rs. 10 as well as SGST of
Rs. 10 to the basic value of the service. He would be required to deposit the CGST component into a Central Government account while the SGST portion into the account of the concerned State Government. Of course, he need not again actually pay Rs. 20 (Rs. 10+Rs. 10) in cash as it would be entitled to set-off this liability against the CGST or SGST paid on his purchase (say, of inputs such as stationery, office equipment, services of an artist etc). But for paying CGST he would be allowed  to use only  the credit of CGST  paid on its purchase while for SGST he can utilise the credit of SGST alone. In other words, CGST credit cannot, in general, be used for payment of SGST. Nor can SGST credit be used for payment of CGST.

Question 11 : Which Central and State taxes are proposed to be subsumed under GST ?

Answer :         The various Central, State and Local levies were examined to identify their possibility of being subsumed under GST.  While identifying, the following principles were kept in mind:

(i)       Taxes or levies to be subsumed should be primarily in the nature of indirect taxes, either on the supply of goods or on the supply of services.

(ii)      Taxes or levies to be subsumed should be part of the transaction chain which commences with import/ manufacture/ production of goods or provision of services at one end and the consumption of goods and services at the other.

(iii)     The subsumation should result in free flow of tax credit in intra and inter-State levels.

(iv)     The taxes, levies and fees that are not specifically related to supply of goods & services should not be subsumed under GST.

(v)      Revenue fairness for both the Union and the States individually would need to be attempted.

On application of the above principles, the Empowered Committee has recommended that the following Central Taxes should be, to begin with, subsumed under the Goods and Services Tax:

(i)       Central Excise Duty

(ii)      Additional Excise Duties

(iii)     The Excise Duty levied under the Medicinal and Toiletries Preparation Act

(iv)     Service Tax

(v)      Additional Customs Duty, commonly known as Countervailing Duty (CVD)

(vi)     Special Additional Duty of Customs – 4% (SAD)

(vii)    Surcharges, and

(viii)   Cesses.

The following State taxes and levies would be, to begin with, subsumed under GST:

(i)       VAT / Sales tax

(ii)      Entertainment tax (unless it is levied by the local bodies).

(iii)     Luxury tax

(iv)     Taxes on lottery, betting and gambling.

(v)      State Cesses and Surcharges in so far as they relate to supply of goods and services.

(vi)     Entry tax not in lieu of Octroi.

Purchase tax: Some of the States felt that they are getting substantial revenue from Purchase Tax and, therefore, it should not be subsumed under GST while majority of the States were of the view that no such exemptions should be given. The difficulties of the foodgrain producing States was appreciated as substantial revenue is being earned by them from Purchase Tax and it was, therefore, felt that in case Purchase Tax has to be subsumed then adequate and continuing compensation has to be provided to such States.  This issue is being discussed in consultation with the Government of India.

Tax on items containing Alcohol: Alcoholic beverages would be kept out of the purview of GST. Sales Tax/VAT could be continued to be levied on alcoholic beverages as per the existing practice. In case it has been made Vatable by some States, there is no objection to that. Excise Duty, which is presently levied by the States may not also be affected.

Tax on Tobacco products: Tobacco products
would be subjected to GST with ITC. Centre may be allowed to levy excise duty on tobacco products over and above GST with ITC.

Tax on Petroleum Products: As far as petroleum products are concerned, it was decided that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would be kept outside GST as is the prevailing practice in India. Sales Tax could continue to be levied by the States on these products with prevailing floor rate. Similarly, Centre could also continue its levies. A final view whether Natural Gas should be kept outside the GST will be taken after further deliberations.

Taxation of Services : As indicated earlier, both the Centre and the States will have concurrent power to levy tax on goods and services. In the case of States, the principle for taxation of intra-State and inter-State has already been formulated by the Working Group of Principal Secretaries/Secretaries of Finance/Taxation and Commissioners of Trade Taxes with senior representatives of Department of Revenue, Government of India. For inter-State transactions an innovative model of Integrated GST will be adopted by appropriately aligning and integrating CGST and IGST.

Question 12 : What is the rate structure proposed under GST ?

Answer :         The Empowered Committee has decided to adopt a two-rate structure –a lower rate for necessary items and items of basic importance and a standard rate for goods in general. There will also be a special rate for precious metals and a list of exempted items. For upholding of special needs of each State as well as a balanced approach to federal flexibility, it is being discussed whether the exempted list under VAT regime including Goods of Local Importance may be retained in the exempted list under State GST in the initial years. It is also being discussed whether the Government of India may adopt, to begin with, a similar approach towards exempted list under the CGST.

For CGST relating to goods, the  States considered that the Government of India might also have a two-rate structure, with conformity in the levels of rate with the SGST. For taxation of services, there may be a single rate for both CGST and SGST.

The exact value of the SGST and CGST rates, including the rate for services, will be made known duly in course of appropriate legislative actions.

Question 13:  What is the concept of providing threshold exemption for GST?

Answer :         Threshold exemption is built into a tax regime to keep small traders out of tax net. This has three-fold objectives:

a) It is difficult to administer small traders and cost of administering of such traders is very high in comparison to the tax paid by them.

b) The compliance cost and compliance effort would be saved for such small traders.

c) Small traders get relative advantage over large enterprises on account of lower tax incidence.

The present thresholds prescribed in different State VAT Acts below which VAT is not applicable varies from State to State.  A uniform State GST threshold across States is desirable and, therefore, as already mentioned in Answer to Question 6, it has been considered that a threshold of gross annual turnover of Rs. 10 lakh both for goods and services for all the States and Union Territories might be adopted with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. Keeping in view the interest of small traders and small scale industries and to avoid dual control, the States also considered that the threshold for Central GST for goods may be kept Rs.1.5 Crore and the threshold for services should also be appropriately high.

Question 14 : What is the scope of composition and compounding scheme under GST?

Answer :         As already mentioned in Answer to Question 6, a composition /Compounding Scheme will be an important feature of GST to protect the interests of small traders and small scale industries. The Composition/Compounding scheme for the purpose of GST should have an upper ceiling on gross annual turnover and a floor tax rate with respect to gross annual turnover. In particular there will be a compounding cut-off at Rs. 50 lakhs of the gross annual turnover and the floor rate of 0.5% across the States. The scheme would allow option for GST registration for dealers with turnover below the compounding cut-off.

Question 15 : How will imports be taxed under GST ?

Answer :         With Constitutional Amendments, both CGST and SGST will be levied on import of goods and services into the country. The incidence of tax will follow the destination principle and the tax revenue in case of SGST will accrue to the State where the imported goods and services are consumed. Full and complete set-off will be available on the GST paid on import on goods and services.

Question 16 : Will cross utilization of credits between goods and services be allowed under GST regime?

 Answer :         Cross utilization of credit of CGST between goods and services would be allowed. Similarly, the facility of cross utilization of credit will be available in case of SGST. However, the cross utilization of CGST and SGST would generally not be allowed except in the case of inter-State supply of goods and services under the IGST model which is explained in answer to the next question.

Question 17 : How will be Inter-State Transactions of Goods and Services be taxed under GST in terms of IGST method ?

Answer :         The Empowered Committee has accepted the recommendation for adoption of IGST model for taxation of inter-State transaction of Goods and Services. The scope of IGST Model is that Centre would levy IGST which would be CGST plus SGST on all inter-State transactions of taxable goods and services. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State.  The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The relevant information is also submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds.

The major advantages of IGST Model are:

a) Maintenance of uninterrupted ITC chain on inter-State transactions.

b) No upfront payment of tax or substantial blockage of funds for the inter-State seller or buyer.

c) No refund claim in exporting State, as ITC is used up while paying the tax.

d) Self monitoring model.

e) Level of computerisation is limited to inter-State dealers and Central and State Governments should be able to computerise their processes expeditiously.

f) As all inter-State dealers will be e-registered and correspondence with them will be by
e-mail, the compliance level will improve substantially.

g) Model can take ‘Business to Business’ as well as ‘Business to Consumer’ transactions into account.

Question 18 : Why does introduction of GST require a Constitutional Amendment?

 Answer :            The Constitution provides for delineation of power to tax between the Centre and States. While the Centre is empowered to tax services and goods upto the production stage, the States have the power to tax sale of goods. The States do not have the powers to levy a tax on supply of services while the Centre does not have power to levy tax on the sale of goods. Thus, the Constitution does not vest express power either in the Central or State Government to levy a tax on the ‘supply of goods and services’. Moreover, the Constitution also does not empower the States to impose tax on imports. Therefore, it is essential to have Constitutional Amendments for empowering the Centre to levy tax on sale of goods and States for levy of service tax and tax on imports and other consequential issues. As part of the exercise on Constitutional Amendment, there would be a special attention to the formulation of a mechanism for upholding the need for a harmonious structure for GST along with the concern for the powers of the Centre and the States in a federal structure.

Question 19:  How are the legislative steps being taken for CGST and SGST ?

 Answer :     A Joint Working Group has recently been constituted (September 30, 2009) comprising of the officials of the Central and State Governments to prepare, in a time-bound manner a draft legislation for Constitutional Amendment.

Question 20:  How will the rules for administration of CGST and SGST be framed?

 Answer :    The Joint Working Group, as mentioned above, has also been entrusted the task of preparing draft legislation for CGST, a suitable Model Legislation for SGST and rules and procedures for CGST and SGST. Simultaneous steps have also been initiated for drafting of legislation for IGST and rules and procedures. As a part of this exercise, the Working Group will also address to the issues of dispute resolution and advance ruling.

Real Estate (Regulation and Development) Bill, 2013

Real Estate (Regulation and Development) Bill, 2013 Introduced in Rajya Sabha on 14th August 2013

The Real Estate (Regulation and Development) Bill, 2013, as approved by the Union Cabinet in its meeting on 4th June 2013, was introduced in the Rajya Sabha today . The Bill has been piloted by Dr. (Ms) Girija Vyas, Minister of Housing and Urban Poverty Alleviation . Soon after its introduction, the Bill was referred to the Parliamentary Standing Committee on Urban Development for review and making suggestions.

The Bill provides for a uniform regulatory environment, to protect consumer interests, help speedy adjudication of disputes and ensure orderly growth of the real estate sector and has been much awaited by all aspiring home buyers.

The Real Estate (Regulation and Development) Bill, 2013 is a pioneering initiative to protect the interest of consumers, to promote fair play in real estate transactions and to ensure timely execution of projects.

The Bill has been prepared by the Government after extensive consultations with States, experts and stakeholders. The Bill has been supported by the States along with Ministry of Consumer Affairs, the Competition Commission and Tariff Commission among others.

The Bill is being proposed under Entries 6, 7 and 46 of the Concurrent List of the Constitution of India, which deals with Transfer of Property, Registration of Deeds and Documents, and Contracts.

It contains elaborate provisions to bring in the much needed transparency in real estate dealings through provisions for registration of real estate projects and real estate agents with the Real Estate Regulatory Authority; functions and duties of promoters and agents; rights and duties ofallottees etc.,  The Bill once enacted will lead to establishment of Real Estate Regulatory Authority and  Real Estate Appellate Tribunal  in every State for registration of all real estate projects and for speedier dispute resolution.  Stringent penalties have been sought to be imposed on habitual offenders. This it is believed will act as a deterrent for those few erring builders who bring bad name to the developer community at large.

Currently, the real estate and housing sector is largely unregulated and opaque, with consumers often unable to procure complete information, or enforce accountability against builders and developers in the absence of effective regulation. The Bill is expected to ensure greater accountability towards consumers, and to significantly reduce frauds and delays. The Bill aims at restoring confidence of the general public in the real estate sector; by instituting transparency and accountability in real estate and housing transactions which in turn will enable the sector to access capital and financial markets essential for its long term growth.

The Bill is also expected to promote regulated and orderly growth through efficiency, professionalism and standardization. It seeks to ensure consumer protection, without adding another stage in the procedure for sanctions.

Benefits and Advantages of Real Estate Bill, 2013

  • The Bill will bring about standardization in the sector leading to healthy and orderly growth of the industry through introduction of definitions such as ‘apartment’, ‘common areas’, ‘carpet area’, ‘advertisement’, ‘real estate project’, ‘prospectus’ etc. Introduction of the concept of using only ‘carpet area’ for sale which has till now been ambiguously sold as super area, super built up area etc., will curb unfair trade practices.
  • The Bill like other sectors such as telecom, electricity, banking, securities, insurance etc. provides for specialized regulation and enforcement which includes both curative and preventive measures, with powers to enforce specific performance, not available under the consumer laws. The Authority has powers to give directions for specific performance powers to impose penalty for non-registration of projects including imprisonment for continuous violation upto 3 yrs and impose penalty in case of other contraventions.
  • The Bill proposes to register real estate agents which have hitherto been un-regulated, with clear responsibilities and functions, thereby leading to money trail and curbing money laundering.
  • The Bill aims to ensure consumer protection, by making it mandatory for promoters to register all projects, prior to sale; and only after having received all approvals from development/municipal authorities thereby protecting buyer investments.
  • The Bill will promote transparency and fair and ethical business practices, relating to transactions, through disclosure of project details and contractual obligations vis-à-vis the project and the buyer,  promoting informed choice for the buyers. This will substantially reduce the power asymmetry prevalent in real estate transactions.
  • The Bill seeks to establish a regulatory oversight mechanism, through Real Estate Authority(s) and Appellate Tribunal in the States, to enforce accountability norms for the promoter buyer and the real estate agents.
  • The Bill will infuse professionalism and promote planned development of the real estate sector through the promotional role of the Regulatory Authority.
  • The Bill will ensure timely completion of projects, and prevent fund diversion.
  • The Bill provides for a speedy and specialized adjudication mechanism to settle disputes between the promoter, buyer and real estate agents, thereby de-clogging the civil courts and consumer forums, from disputes in the real estate sector.
  • The Bill will catalyze domestic and foreign investment into the sector, thereby contributing to enhanced activity, and increase in GDP growth.

The salient features of the draft Bill are as under:

  • Applicability of the Bill:

The proposed Bill applies to residential real estate i.e. housing and any other independent use ancillary to housing. However it shall not apply where the area of land proposed to be developed does not exceed 1000 square meters or the number of apartments proposed to be developed does not exceed 12, inclusive of all phases, or an area or number of apartments as notified by the Central Government on recommendations from the appropriate Government, which may be different for different States or Union territories but not more than 1000 square meters or 12 apartments.

  • Important Definitions:

The Bill will bring about standardization in the sector leading to healthy and orderly growth of the industry through introduction of definitions such as ‘apartment’, ‘common areas’, ‘carpet area’, ‘advertisement’, ‘real estate project’, ‘prospectus’ etc. Introduction of the concept of using only ‘carpet area’ for sale, which has till now been ambiguously sold as super area, super built up area etc., will curb unfair trade practices.

  • Establishment of Real Estate Regulatory Authority:

Establishment of one or more ‘Real Estate Regulatory Authority’ in each State/UT, or one Authority for two or more States/UT, by the Appropriate Government, with specified functions, powers, and responsibilities to exercise oversight of real estate transactions, to appoint adjudicating officers to settle disputes between parties, and to impose penalty and interest;

  • Registration of Real Estate Projects and Registration of Real Estate Agents:

Mandatory registration of real estate projects and real estate agents who intend to sell any immovable property, with the Real Estate Regulatory Authority on real time basis without adding another layer of approvals.

  • Mandatory Public Disclosure of all project details:

Mandatory public disclosure norms for all registered projects, including details of the promoters, project, layout plan, plan of development works, land status, carpet area and number of the apartments booked, status of the statutory approvals and disclosure of proforma agreements, names and addresses of the real estate agents, contractors, architect, structural engineer etc.;

  • Functions and Duties of Promoter:

Duty of promoters towards disclosure of all relevant information and adherence to approved plans and project specifications, obligations regarding veracity of the advertisement for sale or prospectus, responsibility to rectify structural defects, and to refund moneys in cases of default;

  • Compulsory deposit of seventy percent or such lesser percent as notified by the Appropriate Government, to cover the construction cost of the project, of funds received by the Promoter, in a separate bank account:
  • Functions of Real Estate Agents:

Real estate agents not to facilitate the sale of immovable property which are not registered with the Authority required under the provisions of the Act, obligation to keep, maintain and preserve books of accounts, records and documents, obligation to not involve in any unfair trade practices, obligation to facilitate the possession of documents to allottees as entitled at the time of booking, and to comply with such other functions as specified by Rules made in that regard;

  • Rights and Duties of Allottees:

Right to obtain information relating to the property booked, to know stage-wise time schedule of project completion, claim possession of the apartment or plot or building as per promoter declaration, refund with interest in case of default by the promoter, and after possession entitled to necessary documents and plans. Duty of allottees to make necessary payments and carry out other responsibilities as per the agreement;

  • Promotional role of Real Estate Regulatory Authority:

The Authority to act as the nodal agency to co-ordinate efforts regarding development of the real estate sector and render necessary advice to the appropriate Government to ensure the growth and promotion of a transparent, efficient and competitive real estate sector;

  • Fast Track Dispute Settlement Mechanism:

Establishment of fast track dispute resolution mechanisms for settlement of disputes, through adjudicating officers (an officer not below the rank of Joint Secretary to the State Government) to be appointed by the Authority, and establishment of an Appellate Tribunal to hear appeals from the orders of the Authority and the adjudicating officer;

 

  • Establishment of Central Advisory Council:

Establishment of Central Advisory Council to advise the Central Government on matters concerning implementation of the Act, with a mandate to make recommendations on major questions of policy, protection of consumer interest and to foster growth and development of the real estate sector. The Council to have among others, five representatives of State Governments, to be selected by rotation;

  • Establishment of Real Estate Appellate Tribunal:

Establishment of Real Estate Appellate Tribunal, by the State Government to hear appeals from the orders or decisions or directions of the Authority and the adjudicating officer.  The Appellate Tribunal is to be headed by a sitting or retired Judge of the High Court with one judicial and one administrative/technical member;

  • Punitive Provisions:

Punitive provisions for non registration of a real estate housing project  –  Penalty which may extend up to 10% of the estimated cost of the real estate project as determined by the Authority .

For continued violation or non-compliance of order for registration  – punishment with imprisonment for a term which may extend up to three years or with fine which may extend to a further 10% of the estimated cost of the real estate project, or with both as determined by the Authority .

For knowingly providing false information or willful contravention at the time of applying for registration  and for other contraventions under the law – A penalty which may extend up to 5% of the estimated cost of the real estate project as determined by the Authority.

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Download Companies Act 2013 pdf

Download Companies Act 2013 as assented by President of India on 29th August, 2013

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
————
New Delhi, the 30th August, 2013/Bhadrapada 8, 1935 (Saka).
The following Act of Parliament received the assent of the President on the 29th August, 2013, and is hereby published for general information:—

THE COMPANIES ACT, 2013
(NO. 18 OF 2013)
[29th August, 2013.]
An Act to consolidate and amend the law relating to companies.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY

1. (1) This Act may be called the Companies Act, 2013.
(2) It extends to the whole of India.
(3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

(4) The provisions of this Act shall apply to—
(a) companies incorporated under this Act or under any previous company law;
(b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 or the Insurance Regulatory and Development Authority Act, 1999;
(c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949;
(d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003;
(e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and
(f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification.

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THE GOVERNMENT SAVINGS BANKS ACT, 1873

THE GOVERNMENT SAVINGS BANKS ACT, 1873
ACT No. 5 OF 18731
[28th January, 1873.]
An Act to amend the law relating to Government Savings Banks.
Preamble.- WHEREAS it is expedient to amend the law relating to the payment of deposits in
Government Savings Banks; It is hereby enacted as follows:-
Preliminary

1. Short title.- This Act may be called the Government Savings Banks Act, 1873.
Local extent.- It extends to 2[the whole of India 3 * * *].4 * * * * *

2. Act not to apply to deposits in Anchal Savings Bank.- This Act shall not apply to any
deposits made in the Anchal Savings Bank of the State of Travancore-Cochin, and, notwithstanding anything contained in this Act, any law in force in the said State immediately before the commencement of the Part B States (Laws) Act, 1951, (3 of 1951) relating to such deposits, shall continue to apply thereto as if that law had not been repealed.]
3. Interpretation-clause.- In this Act-
“depositor” means an individual by whom, or on whose behalf money has been heretofore, or shall be hereafter, deposited in a Government Savings Bank, and “deposit” means money so deposited:
6[“Secretary” means, in the case of a Post Office Savings Bank, the Postmaster-General appointed for the area in which the Savings Bank is situate], 7[or if that area is in Pakistan, by the Postmaster-General for such area in India as the Central Government may by general or special order specify in this behalf]:
8[“minor” means a person who is not deemed to have attained his majority under the Indian Majority Act, 1875 (9 of 1875):]
9[“prescribed” means prescribed by rules made under this Act.]

Deposits belonging to the estates of deceased persons
4. Nomination by depositor.- (1) Notwithstanding anything contained in any law for the time
being in force, or in any disposition, whether testamentary or otherwise, by a depositor in respect of his deposit, where any nomination made in the prescribed manner purports to confer on any person the right to receive the deposit on the death of the depositor, the nominee shall, on the death of the depositor become entitled, to the exclusion of all other persons, to be paid the deposit, unless the nomination is varied or cancelled in the prescribed manner.
(2) Any nomination referred to in sub-section (1) shall become void if the nominee predeceases, or where there are two or more nominees, all the nominees predecease, the depositor.

(3) Where the nominee is a minor it shall be lawful for the depositor to appoint in the prescribed manner any person to receive the deposit in the event of his death during the minority of the nominee.
4A. Payment on death of depositor.- (1) If a depositor dies and there is in force at the time of the death of the depositor a nomination in favour of any person, the deposit shall be paid to the nominee. (2) Where the nominee is a minor, the deposit shall be paid-
(a) in any case where a person has been appointed to receive it under sub-section (3) of
section 4, to that person; and
(b) where there is no such person, to the guardian of the minor for the use of the minor.
(3) Where a deposit is payable to two or more nominees and either or any of them is dead, the deposit shall be paid to the surviving nominee or nominees.
(4) If a depositor dies and there is no nomination in force at the time of his death and probate of his will or letters of administration of his estate or a succession certificate granted under the Indian Succession Act, 1925 (39 of 1925), is not within three months of the death of the depositor produced to the Secretary of the Government Savings Bank in which the deposit is, then-
(a) if the deposit does not exceed 1[such limit as may be prescribed] the Secretary may pay the same to any person appearing to him to be entitled to receive it or to administer the estate of the  deceased; and
(b) within the 2[limit prescribed under clause (a)], any officer employed in the management of a Government Savings Bank who is empowered in this behalf by a general or special order of the Central Government may, to the extent to which he is empowered by such order and subject to any general or special orders of the Secretary in this behalf, pay the deposit to any person appearing to him to be entitled to receive it or to administer the estate.
(5) Nothing contained in this section shall be deemed to require any person to accept payment of a deposit, which is a time deposit, before it has become due.]
5. Payment to be a discharge.- 3[Any payment made in accordance with the foregoing provisions of this Act] shall be a full discharge from all further liability in respect of the money so paid:
Saving of right of executor.- But nothing herein contained precludes any executor or
administrator, or other representative of the deceased, from recovering from the person receiving the same the amount remaining in his hands after deducting the amount of all debts or other demands lawfully paid or discharged by him in due course of administration.
Saving of right of creditor.- And any creditor or claimant against the estate of the deceased may recover his debt or claim out of the money paid under this Act, 4 * * * to any person, and remaining in his hand unadministered, in the same manner and to the same extent as if the latter had obtained letters of administration of the estate of the deceased.
6. Security for due administration.- The Secretary of any such Bank 5[or any officer empowered under sub-section (4) of section 4A]] may take such security as he thinks necessary from any person to whom he pays any money under sub-section (4) of section 4A] for the due administration of the money so paid, and he may assign the said security to any person interested in such administration.
7. Power to administer oath.- For the purpose of ascertaining the right of the person claiming to be entitled as aforesaid, the Secretary of any such Bank 7[or any officer empowered 6[under sub-section (4) of section 4A]] may take evidence on oath or affirmation according to the law for the time being relating to oaths and affirmations.

(Deposits belonging to the estate of deceased persons. Deposits belonging to minors. Deposits belonging to lunatics. Deposits made by married womens. Miscellaneous.)
Penalty for false statements.- Any person who, upon such oath or affirmation, makes any
statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of an offence under section 193 of the Indian Penal Code (45 of 1860).
8. Deposit when excluded in computing court fees.- Where the amount of the deposit belonging to the estate of a deceased depositor does not exceed 1[three thousand rupees,] such amount shall be excluded in computing the fee chargeable, under the Court-fees Act, 1870 (7 of 1870), on the probate, or letters of administration, or certificate (if any), granted in respect of his property2: Provided that the person claiming such probate or letters or certificate shall exhibit to the Court authorised to grant the same a certificate of the amount of the deposit in any Government Savings Bank belonging to the estate of the deceased. Such certificate shall be signed by the Secretary of such Bank, and the Court shall receive it as evidence of the said amount.
9. [Act not to apply to deposits belonging to estates of European Soldiers or deserters.] Rep. by the Government Savings Banks (Amendment) Act, 1959 (45 of 1959), s. 7. Deposits belonging to minors 10. Payment of deposits to minor or guardian.- Any deposit made by, or on behalf of, any minor, may be paid to him personally, if he made the deposit, or to his guardian for his use, if the deposit was made by any person other than the minor, together with the interest accrued thereon.
The receipt of any minor or guardian, for money paid to him under this section, shall be a sufficient discharge therefor.
11. [Legalization of like payments heretofore made.] Rep. by the Government Savings Banks
(Amendment) Act, 1959 (45 of 1959), s. 7. Deposits belonging to lunatics
12. Payment of deposits belonging to lunatics.- If any depositor becomes insane or otherwise
incapable of managing his affairs, and if such insanity or incapacity is proved to the satisfaction of the Secretary of the Bank in which his deposit may be, such Secretary may, from time to time, make payments out of the deposit to any proper person, and the receipt of such person, for money paid under this section, shall be a sufficient discharge therefor,
Where a committee or manager of the depositor’s estate has been duly appointed, nothing in this section authorizes payments to any person other than such committee or manager.
Deposits made by married women
13. Payment of married women’s deposits.- Any deposit made by or on behalf of a married woman, or by or on behalf of a woman who afterwards marries, may be paid to her, whether or not 3[section 20 of the Indian Succession Act, 1925 (39 of 1925), applies to her marriage; and her receipt for money paid to her under this section shall be a sufficient discharge therefor.

Miscellaneous
14. Protection of action taken in good faith.- No suit or other legal proceeding shall lie against the Secretary or any other officer of the Government in respect of any thing which is in good faith done or intended to be done under this Act.
15. Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the persons by whom and the terms and conditions subject to which deposits may be made in a Government Savings Bank;
(b) the maximum limits of deposits and the conditions as to interest or discount relating to
deposits generally, or any class of deposits in particular;
(c) the non-accrual of interest on deposits when the maximum limits are exceeded and the
recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner;
(d) the persons to whom and the manner in which deposits may be paid;
(e) the form of nominations, the manner in which, the persons in whose favour and the
conditions and restrictions subject to which, nominations may be made and the registration of
nominations;
(f) the variation or cancellation of nominations;
(g) the fees that may be levied for registration of nominations and for variations or cancellation thereof; (h) the manner in which any person may be appointed for the purpose of sub-section (3) of section 4; 1[(i) the limit under clause (a) of sub-section (4) of section 4A.”].
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 2[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.

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