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SERVICE TAX VOLUNTARY COMPLIANCE ENCOURAGEMENT SCHEME, 2013

To widen the revenue base from indirect tax collections, the finance ministry has implemented a one-time amnesty scheme for service tax defaulters to pay their dues without any penalty or late payment charges. The Voluntary Compliance Encouragement Scheme (VCES), which came into force after the passage of the Finance Bill on May 10, can be availed by a service tax defaulter by the year end. Such a scheme has been first time introduced by finance minister P. Chidambaram while presenting the budget for 2013-14 as there are 17 lakhs registered assesses under the service tax but only 7 lakhs were filing returns. Hence one-time Voluntary Compliance Encouragement Scheme has been introduced.

This scheme is for all those assessees who have neither paid the service tax, neither filed any return nor have been served any notice or order. The defaulters may declare their tax liabilities, including the cess charges, for a period between October 1, 2007 and December 31, 2012 and pay it to the government after making a truthful declaration, thereby avoiding penalty, interest or any other penal proceedings.

To encourage voluntary compliance by defaulters, the ministry has also decided to “reject” any enquiry or investigation against an evader, if he comes forward to make truthful declaration.

To avail the benefits mentioned, an assessee is required to deposit at least 50% of the declared dues by December 31, 2013 and the remaining portion of tax dues by June 30, 2014 without any interest. Further, where the declarant fails to pay said tax dues or part thereof on or before the said date, he is required to pay the same on or before December 31, 2014 along with interest thereon, to be calculated from July 1, 2014.Any service tax which becomes due or payable for the month of January, 2013 and subsequent months shall be payable by an assessee with interest.

Tax dues under the VCES need to be paid in cash since no CENVAT Credit can be utilized for such payment.

The benefits under the scheme are available to:
• A person to whom no notice or order of determination of tax dues has been raised or issued   before March 1, 2013;
• A person who has not disclosed his true service tax liability,
• A person against whom, no inquiry or investigation in respect of a service tax not levied or not paid or short-levied or short-paid or no audit has been initiated, and such inquiry, investigation or audit is not pending as on March 1, 2013.

VCES would grant immunity from penalty under the service tax laws. Also, service tax assessees who have collected service tax but not deposited the same with the Government can opt to avail the benefit of VCES.
Forms and manner of declaration, acknowledgement of such declaration along with issuing acknowledgement of discharge of tax dues have also been prescribed.

The limited scope of the scheme may not resolve the disputes pertaining to demand of service tax by the authorities that have been pending for long.

This Article has been compiled by student of student of ICAI Tarveen Kaur. She can be reached at tarveen.11@gmail.com

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CORPORATE SOCIAL RESPONSIBILITY

Business scandals involving high profile organizations such as Enron and WorldCom have rocked the corporate world and be-come front-page news. This has shaken consumer confidence in both business leaders and the economy, creating concern about business ethics and governance. As a result, corporate social responsibility (CSR) has become increasingly important.
Corporate Social Responsibility is a company’s commitment to its stakeholders to conduct business in an economically, socially and environmentally sustainable manner that is transparent and ethical. Stakeholders include employees, investors, shareholders, customers, business partners, clients, civil society groups, Government and non-government organizations, local communities, environment and society at large. Corporate enterprises are expected to conduct their business operations and activities in a socially responsible and sustainable manner at all times.
Some of the drivers pushing business towards CSR include:

1. The shrinking role of government
In the past, governments have relied on legislation and regulation to deliver social and environmental objectives in the business sector. Shrinking government resources, coupled with a distrust of regulations, has led to the exploration of voluntary and non-regulatory initiatives instead.

2. Demands for greater disclosure
There is a growing demand for corporate disclosure from stakeholders, including customers, suppliers, employees, communities, investors, and activist organizations.

3. Increased customer interest
There is evidence that the ethical conduct of companies exerts a growing influence on the purchasing decisions of customers. In a recent survey, more than one in five consumers reported having either rewarded or punished companies based on their perceived social performance.

4. Growing investor pressure
Investors are changing the way they assess companies' performance, and are making decisions based on criteria that include ethical concerns. The Social Investment Forum reports that in the US in 1999, there was more than $2 trillion worth of assets invested in portfolios that used screens linked to the environment and social responsibility. A survey by revealed that more than a quarter of share-owning Americans took into account ethical considerations when buying and selling stocks. (More on socially responsible investment can be found in the 'Banking and investment' section of the site.)

5. Competitive labour markets
Employees are increasingly looking beyond paychecks and benefits, and seeking out employers whose philosophies and operating practices match their own principles. In order to hire and retain skilled employees, companies are being forced to improve working conditions.

6. Supplier relations
As stakeholders are becoming increasingly interested in business affairs, many companies are taking steps to ensure that their partners conduct themselves in a socially responsible manner. Some are introducing codes of conduct for their suppliers, to ensure that other companies' policies or practices do not tarnish their reputation.

Current Status of CSR In India
CSR is not a new concept in India. Corporates like the Tata Group, the Aditya Birla Group, and Indian Oil Corporation, to name a few, have been involved in serving the community ever since their inception. Many other organizations have been doing their part for the society through donations and charity events. Today, CSR in India has gone beyond merely charity and donations, and is approached in a more organized fashion. It has become an integral part of the corporate strategy. Companies have CSR teams that devise specific policies, strategies and goals for their CSR programs and set aside budgets to support them.

These programs, in many cases, are based on a clearly defined social philosophy or are closely aligned with the companies‟ business expertise. Employees become the backbone of these initiatives and volunteer their time and contribute their skills, to implement them. CSR Programs could range from overall development of a community to supporting specific causes like education, environment, healthcare etc.

Best practices followed by Indian Companies related to CSR are as follows:

ONGC and Indian Oil Corporation has been spending 0.75-1 % of their net profits on CSR activities. In 2007-08 Rs. 246.70 crores was spent by oil PSUs on CSR activities. ONGC‟s CSR projects focus on higher education, grant of scholarship and aid to deserving young pupils of less privileged sections of society, facilities for constructing schools etc.
SAIL has taken successful actions in environment conservation, health and medical care, education, women upliftment providing drinking water.
BHEL & Indian Airlines have been acclaimed for disaster management efforts. BHEL has also adopted 56 villages having nearly 80,000 inhabitants.
Reliance Industries initiated a project named as “ Project- Drishti” to bring back the eyesight of visually challenged Indians from the economically weaker sections of the society. This project has brightened up the lives of over 5000 people so far.

Mahindra & Mahindra launched a unique kind of ESOPs- Employee Social Option in order to enable Mahindra employees to involve themselves in socially responsible activities of their choice.

GlaxoSmithKline Pharmaceuticals‟ CSR programs primarily focus on health and healthy living. They work in tribal villages where they provide medical check-up and treatment, health camps and health awareness programs. They also provide money, medicines and equipment to non-profit organizations that work towards improving health and education in under-served communities.
Bajaj Electricals Ltd corporate social responsibility activities include Education, Rural Development & Environment.

Provision of improved medical and sanitation facilities, building schools and houses, and empowering the villagers and in process making them more self-reliant by providing vocational training and a knowledge of business operations are the facilities that these corporations focus on. Many of the companies are helping other peoples by providing them good standard of living.
Also Corporates increasingly join hands with Non-governmental organizations (NGOs) and use their expertise in devising programs which address wider social problems.
For example, a lot of work is being undertaken to rebuild the lives of the tsunami affected victims. This is exclusively undertaken by SAP India in partnership with Hope Foundation, an NGO that focuses mainly on bringing about improvement in the lives of the poor and needy. The SAP Labs Center of HOPE in Bangalore was started by this venture which looks after the food, clothing, shelter and medical care of street children.

Mandatory CSR requirements in other Countries:

 1. Saudi Arabia:

 In Saudi Arabia, the Companies are required to pay amounts “equal to 2.5% of income and capital” to the revenue department, which will then distribute the amounts to the needy around the country. Revenues are collected by the Department of Zakat, governmental organization and distributed to needy and poor people across the country. A Zakat payment made of listed companies has to be disclosed and filed with the Capital Market Authority (the Saudi Version of the SEC).

 2. United States:

 The Conglomerate Blog has reported on recent amendments to the Oregon Corporate Code that requires companies to act in an environmentally and socially responsible manner. It says:
“Oregon recently amended its Corporate Code which expressly permit corporations to include in their charter a provision authorizing or directing the corporation to conduct its business “in a manner that is environmentally and socially responsible.” The legislative history of the amendment notes that courts in other jurisdictions have interpreted corporations’ obligation to act in shareholders’ interest to mean that corporations must maximize shareholder profit, even if it results in a corporate failure to act environmentally and socially responsible. Apparently the amendment is designed to counteract this kind of interpretation, and encourage corporations to engage in sustainable behavior.”

3. China:

Even the recent Company Law of the People’s Republic of China, enacted in 2005, has a set of obligations on companies that amount to corporate social responsibility. For example, Article 17 states:
“A company shall protect the legal rights and interests of its employees, enter into labor contracts with them according to law, take part in social insurance, improve labor protection and make production safe.
A company shall take various measures to improve the professional education and on-the-job training of its employees so as to enhance their quality.”

This Article has been compiled by student of student of ICAI Tarveen Kaur. She can be reached at tarveen.11@gmail.com


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