Friday, July 1, 2011

Verification of TDS Certificate issued by Deductor/Collector

Friends, NSDL has recently provided source of verification of Form 16 or 16A. In general it is found that deductor issues Form 16 or Form 16A without mentioning e-TDS/e-TCS Acknowledgement Receipt Numbers or completing the full details required in format

In the first attempt, to resolve such type of problems CBDT has circulated Circular No. 3/2011 Dated 13th May, 2011 mandatory to issue Form 16A prepared or generated by NSDL for companies and banks. For download complete circular (Click Here)

Now, a good link has been provided by NSDL for deductees that the deductor has deducted or has not deducted his TDS or TCS.

How to Know Deductor has deducted TDS or Not.

Requirements:-

Financial Year :
Quarter :
TAN of Deductor :
PAN of Deductee :
Certificate Number :
Total Amount Deducted :

With the help of this utility, a deductee can know that how many entries have been made by a dedcutor in a particular Quarter of the Financial Year. Captured fields with this utility are given as under :-

PAN = PAN of Deductee
TAN = TAN of Deductor
Financial Year = 1st April YYYY to 31st March YYYY
Count of records present = Numbers of entries made by Deductor
Remarks(Whether Quarterly TDS/TCS Statement Filed) = TDS return submitted or not.
Details Viewed on = Date and Time for opening this utility.

Notes :

1.	All fields are Mandatory.
2.	Count of records present: Signifies count of records present at TIN against TAN and Financial Year provided.
	View your Form 26AS online at TIN website to check if TDS/TCS credit (with booking status 'F') has been effected.
3.	Contact your deductor/collector if:
	TDS/TCS credit is not present in your Form 26AS. This may be on account of inconsistency in quarterly TDS/TCS statement filed by respective deductor/collector. TDS/TCS credit is present in your Form 26AS with booking status other than 'F'. Incorrect credit is available in your Form 26AS.
4.	No Record found: Records for combination of PAN, TAN and Financial Year mentioned is not available at TIN.
5.	Possible reasons for record not found at TIN are:
	Deductor/collector has not submitted quarterly TDS/TCS statement. Deductor/collector either has not quoted your PAN or has quoted your PAN incorrectly. You may also confirm your PAN available with the deductor/collector.

Know your TDS or TCS deducted by Deductor :-

Custom-Notification No. 39/2011 -Customs (N.T.) Dated 21-06-2011

Government of India

Ministry of Finance

(Department of Revenue)

Notification No. 39/2011-Customs (N.T.)

New Delhi, dated the 21^st June, 2011.

S.O. (E). – In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Additional Commissioner of Customs or Joint Commissioner, CFS, Dhandari Kalan, Phase-V, Focal Point, Ludhiana to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on-

(i) Additional or Joint Commissioner of Customs, Jawahar Lal Nehru Custom House, Jawaharlal Nehru Port Trust, Nhava Sheva, Maharashtra;

(ii) Additional Commissioner of Customs or Joint Commissioner, CFS, Dhandari Kalan, Phase-V, Focal Point, Ludhiana;

for the purpose of adjudicating the matters relating to show cause notice pertaining to M/s Suresh Apparels (P) Ltd., Street No.1, Sunder Nagar, Ludhiana and others, issued vide, F.No. 856(4)LDH/2009/Pt-I/982-991 dated the 04 May, 2010, by the Additional Director, Directorate of Revenue Intelligence, Ludhiana Regional Unit, 51-D, Sarabha Nagar, Ludhiana.

[F.No. 437/10/2011-Cus.IV]

(Vikas)

Under Secretary to the Government of India

Issue of Duplicate Form 16 (TDS Certificate)

Issue of Duplicate TDS Certificate From 16

Where the original TDS certificate is lost, the employee can approach the employer for issue of a duplicate TDS certificate. The employer may issue a duplicate cetificate on a plain paper giving the necessary details as contained in Form No. 16 (Relevant Rule-31(4)). However such a certificate has to be certified as duplicate by the deductor. Further the assessing officer before giving credit of the tax on basis of duplicate certificate is required to get payment certified from the assessing officer concerned and also obtain an indemnity bond from the assessee employee.

Read more: Issue of Duplicate Form 16 (TDS Certificate) ~ Tds Tax India http://www.tdstaxindia.com/2011/06/issue-of-duplicate-form-16-tds.html#ixzz1QpAZirZZ
Under Creative Commons License: Attribution

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Custom-Tariff Notification No. 48/2011 Dated 15-06-2011

i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 48/2011-Customs

New Delhi, the 15^th June, 2011

G.S.R.457 (E). -Whereas, the designated authority vide notification No. 15/18/2010-DGAD, dated the 30^th May, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 30^th, May 2011, has initiated review in terms of sub-section (5) of Section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of ‘Metronidazole’, falling under heading 29332920 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the China PR imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 61/2006-CUSTOMS, dated the 15^th June, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)vide number G.S.R.368(E), dated the 15^th June, 2006, and has requested for extension of anti-dumping duty upto one more year, in terms of sub-section (5) of Section 9A of the said Customs Tariff Act;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of Section 9A of the said Act and in pursuance of rule 23 of the said rules, the Central Government hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 61/2006-CUSTOMS, dated the 15^th June, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.368(E), dated the 15^th June, 2006, namely: -

In the said notification, at the end, the following shall be added, namely: -

“This notification shall remain in force up to and inclusive of the 14^th June, 2012, unless the notification is revoked earlier”.

[F.No.354/17/2000-TRU (Pt.III)]

(Sanjeev Kumar Singh)

Under Secretary to the Government of India

Note.- The Principal notification No.61/2006-CUSTOMS, dated the 15^th June, 2006, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 368 (E), dated the 15^th June, 2006.

Custom-Non Tariff Notification No. 38/2011 Dated 15-06-2011

[TO BE PUBLISHED IN PART-II, SECTION-3, SUB-SECTION (ii) OF THE GAZETTE OF INDIA, EXTRAORDINARY]

Government of India

Ministry of Finance

(Department of Revenue)

(Central Board of Excise and Customs)

Notification No. 38/2011 - Customs (N. T.)

New Delhi, 15^th June, 2011

25 Jyaistha, 1933 (SAKA)

S. O… (E) – In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3^rd August 2001, namely: -

In the said notification, for the Table, the following Table shall be substituted namely:-

“T A B L E

S. No.	Chapter/ heading/ sub-heading/tariff item	Description of goods	Tariff value US $ (Per Metric Tonne)
(1)	(2)	(3)	(4)
1	1511 10 00	Crude Palm Oil	447 (i.e. no change)
2	1511 90 10	RBD Palm Oil	476 (i.e. no change)
3	1511 90 90	Others – Palm Oil	462 (i.e. no change)
4	1511 10 00	Crude Palmolein	481 (i.e. no change)
5	1511 90 20	RBD Palmolein	484 (i.e. no change)
6	1511 90 90	Others – Palmolein	483 (i.e. no change)
7	1507 10 00	Crude Soyabean Oil	580 (i.e. no change)
8	7404 00 22	Brass Scrap (all grades)	4323
9	1207 91 00	Poppy seeds	2520 (i.e. no change)

[F. No. 467/2/2011-Cus.V]

(M. Satish Kumar Reddy)

Director to the Government of India

Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide Notification No. 36/2001 – Customs (N.T.), dated, the 3^rd August, 2001 (S. O. 748 (E), dated, the 3^rd August, 2001) and was last amended vide Notification No. 37/2011-Customs (N.T.), dated, the 31^st May, 2011 (S. O. 1234 (E) dated 31^st May, 2011).

e-Payment of Land Line Phone Bill

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Custom-Notification No. 47/2011 Dated 14-06-2011

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

***

New Delhi dated the 14^th June, 2011.

Notification No. 47 /2011 - Customs

G.S.R.451 (E).- Whereas, the designated authority vide notification No.15/3/2010-DGAD, dated the 26^th March, 2010, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 26^th March, 2010, had initiated review in the matter of continuation of final anti-dumping duty on Pentaerythritol (herein after referred to as the subject goods), falling under Sub-heading 290542 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from China PR and Sweden, imposed vide notification of Government of India in the Ministry of Finance (Department of Revenue), No. 37/2006–Customs, dated the 20^thApril, 2006, G.S.R. 235 (E), dated the 20^thApril, 2006, and extended by notification No. 73/2010-Customs dated 30th June, 2010,G.S.R. 569 (E), dated the 30th June, 2010;

And whereas, the designated authority vide notification No. 15/3/2010-DGAD, dated the 25^th March, 2011, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 25^th March, 2011, after conducting Sunset Review has come to the conclusion that-

(a) the subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported from China PR are substantial and above de-minimis;

(b) the subject goods are likely to enter the Indian market at dumped prices and the likely dumping margins in respect of imports from China PR is going to be substantial and above de-minimis;

(c) the subject goods are likely to enter Indian market at dumped prices, should the present measures be withdrawn from China PR;

(d) the situation of domestic industry continues to be fragile and dumped imports from China PR continue to cause a substantial injury to the domestic industry. Further, should the present anti dumping duties be revoked from China PR, injury to the domestic industry is likely to continue and intensify;

(e) it is noted that the margins of both dumping and injury are negative so far as imports from Sweden are concerned, besides low volume of imports from Sweden, considering total demand in Indian market;

(f) it can therefore be concluded that in the event the duty is revoked, there is no likelihood of continuation or recurrence of injury from Sweden,

and has recommended that the quantum of anti dumping duty in force needs to be revised so far as China PR is concerned and needs to be discontinued from Sweden.

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes anti- dumping duty at the rate of US $ 515 per MT on all imports of subject goods originating in or exported from China PR and imported into India.

2. This notification shall be effective for a period of five years from the date of issue of notification, unless revoked, superseded or amended earlier and the anti-dumping duty shall be paid in Indian currency.

Explanation.- For the purpose of this notification, “ rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification, issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the “rate of exchange” shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/151/2005-TRU (Pt-I)

(Sanjeev Kumar Singh)

Under Secretary to the Government of India

Service Tax-Notification No. 39/2011 Dated 14-06-2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

Government of India

Ministry of Finance

(Department of Revenue)

New Delhi, 14th June, 2011

Notification No.39/2011-Service Tax

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.08/2010-Service Tax, dated the 27th February, 2010, published in the Gazette of India, Extraordinary, Part II, section 3, subsection(i), vide number G.S.R. 152 (E), dated the 27th February, 2010, namely:-

2. In the said notification, in para 2, for the word and figures ‘July, 2011’, the word and figures ‘January, 2012’, shall be substituted.

[F. No. B-1/2/2010-TRU]

(SAMAR NANDA)

Under Secretary to the Government of India

Note.- The principal notification No. 08/2010-Service Tax, dated the 27th February, 2010, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 152(E), dated the 27th February, 2010 and last amended vide Notification No.20/2011-Service Tax, dated the 30 th March,2011 was published vide number G.S.R. 267(E) dated 30th March, 2011.

Service Tax-Notification No. 38/2011 Dated 14-06-2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

Government of India

Ministry of Finance

(Department of Revenue)

New Delhi, 14th June, 2011

Notification No. 38/2011-Service Tax

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.07/2010-Service Tax, dated the 27 th February, 2010, published in the Gazette of India, Extraordinary, Part II, section 3, subsection(i), vide number G.S.R. 151 (E), dated the 27 th February, 2010, namely:-

2. In the said notification, in para 2, for the word and figures ‘July, 2011’, the word and figures ‘January, 2012’, shall be substituted.

[F. No. B-1/2/2010-TRU]

(SAMAR NANDA)

Under Secretary to the Government of India

Note.- The principal notification No. 07/2010-Service Tax, dated the 27th February, 2010, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 151(E), dated the 27th February, 2010 and last amended vide Notification No.19/2011-Service Tax, dated the 30 th March,2011 was published vide number G.S.R. 266(E) dated 30th March, 2011.

Due Dates for Filing of Income Tax Return

Due Date for filing of Income Tax Return in India for Company, Individual, HUF,Business Required audited or not Required audited under Income Tax Act are given as under :-

Assessee Type Due Date

A Company & a person other than a company whose
accounts are required to be audited under the Income
Tax Act or any other Law. = 30-Sep-YYYY
A working Partner of a Firm whose accounts are required
to be audited under the Income Tax Act or any other Law. = 30-Sep-YYYY
Any other taxpayers = 31-Jul-YYYY

Note :- In case last day of filing of Income Tax Return falls on a day on which the Income Tax Office is closed, return can be filed on the next day afterwards on which the Income Tax Office is open and in such cases, the return will be considered to have been filed within the specified time limit/due date.

(Income Tax Return can be filed after the above due dates upto the end of the Assessment Year, e.g. For Financial Year 2010-11, lat day without penalty is upto 31-March-2012)

Impact of Late Filing of Income Tax Return :-

Interest: You will be liable for penal Interest u/s 234A @ 1% per month and their part of on the amount of tax due from the due date of filing returns.
Carry Forward of Losses: Losses like Business Loss (speculative or otherwise), Capital Loss (short term or long term), and Loss from owning and maintaining race horses are not allowed to be carried forward. Other losses, if any can be carried forward.
Deductions: Deductions u/s 10A, 10B, 80-IA, 80-IAB, 80-IB and 80-IC are not allowed
Revision: Late returns cannot be revised except if it is in pursuance of a notice under section 142(1)
Penalty: A penalty of Rs.5000 may be imposed u/s 271F if belated return is submitted after the end of assessment year (after 31-March-YYYY, e.g. for FY 2010-2011, end of assessment year is 31-March-2012)

Perquisite of Motor Car Provided by the Employer Rule 3(2):-

(i) Where motor car is owned or hired by the employer and is used wholly and exclusively in the performance of official duties, no perquisite arises provided specified documents are maintained.
(ii) Where the motor car is owned or hired by the employer but used exclusively for private or personal purposes, the perquisite is the actual amount of expenditure incurred by the employer on running and maintenance including remuneration if any paid to the chauffeur. This is to be increased by an amount representing normal wear and tear of the motor car as reduced by any amount charged from the employee.
(iii) Where motor car is used partly in performance of duties and partly for private or personal purposes. The perquisite is
(a) Rs. 1800 (plus Rs. 900 if chauffeur is provided) if running and maintenance is borne by
employer.
(b) Rs. 600 (plus Rs. 900 if chauffeur is provided) where running and maintenance for private use is
fully met by employee.
The aforesaid amounts will be increased to Rs. 2400 (instead of Rs. 1800 and Rs. 900/-(instead of Rs. 600) where the motor car provided, has cubic capacity of engine exceeding 1.6 litres.
(iv) Where employee owns a motor car but the actual running and maintenance charges (including remuneration of the chauffeur if any) are met or reimbursed to him by the employer and.
(a) where the reimbursement is for use of vehicle for official purpose the perquisite will be nil.
However specified documents need to be maintained.
(b) Where vehicle is used partly for official and partly for personal purposes, the perquisite is the actual amount of expenditure incurred by the employer as reduced by amount specified in above.

Valuation of Residential Accommodation provided by the employer (Rule 3(1))

(a) Union or State Government Employees - The value of perquisite is the license fee as determined by the Central or the State Government as reduced by the rent actually paid by the employee.

(b) Non-Govt. Employees-

(a) Where the accommodation is owned by the employer the perquisite is
(i) 15% of salary in cities having population exceeding 25 lakhs as per 2001 census ;
(ii) 10% of salary in cities having population exceeding 10 lakhs but not exceeding 25 lakhs
as per 2001 census ;
(iii) 7.5% of salary in other areas.

Or
(b) Where the accommodation is taken on lease by the employer the perquisite is the actual amount of lease rental paid or payable by the employer or 15% of salary which ever is lower, as reduced by the rent if any actually paid by the employee.
(c) Value of Furnished Accommodation - The value would be the value of unfurnished accommodation as computed above increased by 10% per annum of the cost of furniture (including T.V./radio/ refrigerator/AC/other gadgets). In case such furniture is hired from a third party, the value of unfurnished accommodation would be increased by the hire charges paid/payable by the employer. However, any payment recovered from the employee towards the above would be reduced from this amount.
(d) Value of hotel accommodation provided by the employer- The value of perquisite arising out of the above would be 24% of salary of the previous year or the actual charges paid or payable to the hotel, whichever is lower. The above would be reduced by any rent actually paid by the employee. It may be noted that no perquisite would arise if the employee is provided such accommodation on transfer from one place to another for a period of 15 days or less.

Friday, July 1, 2011

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Notification No. 38/2011 - Customs (N. T.)

New Delhi, 15th June, 2011

“T A B L E

[F. No. 467/2/2011-Cus.V]

Subscribe To

Subscribe To

I'm using webcam software. I
can webcast Online video to watch my home
from everywhere.

Web camera software detects movement, sounds
alarm, captures snapshots, records video, and sends captured images by email

Broadcasting online video and sound from capture device
via web camera computer application

New Delhi, 15^th June, 2011