Procedure for acceptance of Deposit by Private company CS DIVESH GOYAL

Procedure for acceptance of Deposit by Private company

CS DIVESH GOYAL

1.   Call Board Meeting:

·         To pass resolution for acceptance of deposit from members

·         Approve Draft DPT-1 (Circular)

·         Appoint a Trustee

·         Call General Meeting

·         Authorize Director or Secretary for further process

2.   Call General Meeting

·         Pass Ordinary Resolution for acceptance of deposit

3.   File form MGT-14 with ROC within 30 days of passing of resolution:

·         Attach Notice, Minute and CTC of Resolution

4.   File DPT-1 with ROC at least 30 days before issue of circular, signed by BOD or Person Authorize by Board.

5.   Enter into contact with Insurance Company at least 30 days before issue of Circular.

6.   Execute Deposit Trust Deed at least 7 days before issuing of circular.

7.   Issue Circular (DPT-1) to members through registered post, courier or through Electronic mode.

-      Company MAY issue circular in DPT-1 through advertisement also.

8.   Within 21 days of Acceptance of Deposit company will issue receipt of deposit to Depositor. Receipt will be signed by Person Authorized by Board of Director.

9.   Make Entry in register within 7 days of issue of receipt.

10.  Company will create charge on assets of company equal to amount of

     deposit unsecured by insurance.

11.    File CHG-1 Within 30 days of Creation of Charge.

NOTE:

1.   Private Company can accept deposits from member’s up to 25% of paid-up share capital + Free reserve.

2.   Company before 30^th April each will deposit at least 15% of amount of deposit, whether secured or unsecured, maturing during the year or next financial year in deposit repayment reserve account, maintain with Schedule Bank.

3.   Company Before 30^th June every year will file DPT-3 with ROC, containing information there in as on 31^st March, duly audited by Auditor of company.

4.   No trustee can be removed after the issue of circular/advertisement and before the expiry of his term except with the consent of all the Directors Present at a meeting of Board.

5.   T & C of Deposit cannot be altered after the issue of circular/ Advertisement or acceptance of Deposit.

6.   A panel Rate of Interest 18% shall be payable on nonpayment of matured deposits.

Regards:

ACS Divesh Goyal

+91-8130757966

csdiveshgoyal@gmail.com

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Service Tax Compliance under Reverse Charge – For Individual/Proprietorship firm

1. Freight paid/payable to Goods Transport Agency (GTA)
1.1 When does an individual/proprietorship firm is liable to pay service tax under reverse charge?

An Individual or a proprietorship firm is liable to take service tax registration and pay service tax under reverse charge only if:-
i. It is registered as a dealer of excisable goods under Central Excise Act,
1944; or
ii. It’s a factory registered under or governed by the Factories Act, 1948.
Otherwise, reverse charge is not applicable. It means, when RCM is not applicable, and freight is paid by an individual/proprietorship firm, then the service tax thereon, shall be paid by the GTA itself. So, depending on applicability of RCM, either service provider (GTA) or service receiver shall pay service tax.

1.2 Transportation of Exempted Goods:

No service tax is payable by anyone, if freight is paid for the transportation of
the following exempted goods:-

i. agricultural produce and rice;
ii. foodstuff including flours, tea, coffee, jaggery, sugar, milk products, salt
and edible oil, excluding alcoholic beverages;
iii. chemical fertilizer and oilcakes;
iv. newspaper or magazines registered with the Registrar of Newspapers;
v. relief materials meant for victims of natural or man-made disasters,
calamities, accidents or mishap; or
vi. defence or military equipments

1.3 Freight paid for low value consignments:
If the amount of freight paid for each consignment is upto Rs. 750/- only, then
the same is always exempted from payment of service tax.

If the amount of freight paid for each consignment is between Rs. 750/- and Rs.
1500, then the same is exempted from payment of service tax if the same is being transported in a single goods carriage.

If the amount of freight paid for each consignment is in excess of Rs. 1500/-,
then the same is not exempted from payment of service tax.

2. Payment to Advocate for Legal Services:
If an individual/proprietorship firm being a business entity, which had a turnover
exceeding Rs. 10 Lacs in the preceding financial year, has paid any amount to an individual advocate or a firm of advocates or arbitral tribunal, for availing legal service, then reverse charge is applicable.

Legal Service means any service provided in relation to advice, consultancy or
assistance in any branch of law, in any manner and includes representational
services before any court, tribunal or authority.

As per law, even if such person pay a meagre amount of say Rs. 500 to an advocate for say filing income tax/sales tax return, then reverse charge is applicable and the liability to pay service tax thereon @ 12.36% is on the service receiver!!! 

Note: Payments made to Chartered Accountants, Cost Accountants, Company
Secretaries, Consultants, etc for any service including legal service is not covered under reverse charge.

3. Import of Service:
If any payment is made by any person (including proprietorship firm) located in
taxable territory, in respect of any taxable service received from a person who is
located in a non-taxable territory, full reverse charge is applicable and service tax @ 12.36% is payable by the service recipient.
***
Author : Manoj Agarwal
Address : Ganpati Campus, Lal Building Road, Rourkela – 769012
Contact : +91-9937041788
E:mail : ServiceTaxExpert@yahoo.com
Kindly email for further clarifications.
Disclaimer: This article is the property of the author and is for information purpose only. No one shall publish,
reproduce or use it for any purpose, without the permission of the author. The author shall not be responsible
or liable for anything done or omitted to be done on the basis of this article.

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How to withdraw or transfer your PF money effortlessly

Most salaried people contribute a fraction of their monthly salary towards Employees Provident Fund (EPF).

Most salaried people contribute a fraction of their monthly salary towards Employees' Provident Fund (EPF). However, while switching jobs, many of them tend to either forget about that contribution or consider it too tedious to transfer or withdraw the money. Here, we take a look at how to transfer/withdraw your EPF money.

EPF basics

EPF is an effective investment vehicle that helps you generate a corpus for post-retirement life. When you, as an employee, contribute 12% of the basic salary towards EPF, your employer also puts in an equal amount each month. However, out of the employer's contribution, 8.33% goes to Employees’ Pension Scheme (EPS), subject to a maximum of Rs. 541 a month, 0.5% goes towards
Employee’s Deposit Linked Insurance Scheme (EDLIS), 1.1% towards EPF administrative charges and 0.01% goes towards administrative charges of EDLIS and the rest (3.67%) to EPF.

The amount available in your EPF account earns a risk- and tax-free interest of 8.75% (current rate), which is capable of giving you a decent inflation-adjusted return. Let us suppose that, 10 years ago, on a basic salary of Rs. 10,000 a month, you contributed Rs. 1,200 and your employer Rs. 367 per month. Let's assume you worked for a year before switching job. Taking a constant
rate of 8.5% for 10 years, this amount now stands at Rs. 50,000. And this income is tax-free.

Switching jobs?

On switching jobs, an employee can apply for transfer of money from the EPF account through Form 13, which has to be filled up by the employee and attested by the designated authority at the employer side. After verifying the details, the EPF office will process your transfer to your new employer. From this month, the EPFO has launched a portal,

http://memberclaims.epfoservices.in which makes online transfer possible. While you can also check the status of your application online, to avail of this service, at least one of the employers (current or former) needs to have their digital signatures registered with the EPFO.

Withdrawal procedure

To withdraw your EPF, you need to fill up Form 19 (which can be downloaded from www.epfindia.org) and submit it with the previous employer. With the Form 19 duly filled in, signed and attested by the former employer, you need to submit this along with other documents, such as resignation acceptance letter or relieving letter and a cancelled cheque of your bank account, to the EPFO of your jurisdiction. Withdrawal of money from the account is permissible

only if you are in between two jobs or have been unable to find another for over two months.

Pension contribution

The employer contribution of 8.33% goes towards pension, which an employee can start receiving only after a minimum service of 10 years and attaining the age of 58/50. However, no pension is payable before 50. Early pension after 50 years — but before 58 — is subject to a discounting factor at 4% with effect from September 26, 2008, for every year falling short of 58.

The above restrictions don’t apply in case of death/disablement. The duration of this pension is life-long and, on the death of the the individual, members of the family are entitled to the money.

(Financial Express)

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RBI asks banks to comply with address proof norms

In June 2014, RBI had said that customers will need to submit only one documentary proof of
address
The Reserve Bank of India (RBI) on Monday said banks should ensure that customers are not
unnecessarily asked to submit additional proofs of addresses for current addresses, in cases
where proofs of addresses for permanent addresses are already available.

In June 2014, RBI had said customers will need to submit only one documentary proof of
address (either permanent or current), while opening a bank account or while undergoing
periodic updation. Earlier, customers also had to submit a local address proof to the bank.

Despite this instruction, RBI said some banks are still insisting on submission of a proof of
address for the current address even when a customer produces a proof of permanent address.
This, said RBI, prevents many prospective customers, especially migrant workers, from opening
bank accounts.

RBI has asked banks to confirm latest by Friday that the instruction has been communicated to
all their branches and the same have been meticulously complied with.

(Business Standard)

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Frequently Asked Questions on Tax Deducted at Source

• What is Tax Deducted at source?
• ​​For quick and efficient collection of taxes, the Income-tax Law has incorporated a system of deduction of tax at the point of generation of income. This system is called as “Tax Deducted at Source”, commonly known as TDS. Under this system tax is deducted at the origin of the income. Tax is deducted by the payer and the same is directly remitted to the Government by the payer on behalf of the payee. 

  
  

  The provisions of deduction of tax at source are applicable to several payments such as salary, interest, commission, brokerage, professional fees, royalty, contract payments, etc. In respect of payments to which the TDS provisions apply, the payer has to deduct tax at source on the payments made by him and he has to deposit the tax deducted by him to the credit of the Government. The following illustration will explain the TDS mechanism. 

  
  

  
  

  Illustration

  ​Mr. Raja has made a fixed deposit with XYZ Bank. Annual interest on the deposit is Rs. 8,40,000. Will the bank be liable to deduct any tax from the interest paid to Mr. Raja?

  **

  Interest on fixed deposit is covered under the TDS mechanism and, hence, the bank has to deduct tax from interest and has to pay the net interest to Mr. Raja.  

  
  

  The rate of TDS on interest is 10% and, hence, the bank will deduct tax of Rs. 84,000 from the interest and will pay the net interest of Rs. 7,56,000 (i.e., Rs. 8,40,000 – Rs. 84,000) to Mr. Raja. 

  
  

  The TDS of Rs. 84,000 will be paid by the bank to the Government and Rs. 84,000 will be treated as prepaid tax by Mr. Raja and he can claim tax credit of Rs. 84,000 just like advance tax at the time of filing his return of income.  

  
  

  The above mechanism of deducting the tax at the point of generation of income is called as TDS mechanism. 
• ​What are the payments covered under the TDS mechanism?
  ​ sections 192 to 196D give various items in respect of which tax is to be deducted at source. Following is the list of items covered under the TDS mechanism:

  Section reference	Nature of payment
  192	Salary (to resident as well as non-resident)
  193	Interest on securities
  194	Dividends (dividends on which dividend distribution tax is levied undersection 115-O​ are exempt from tax and hence are not liable to TDS)
  194A	Interest other than interest on securities
  194B	Winnings from lottery or crossword puzzle or card game or other game of any sort (to resident as well as non-resident)
  194BB	Winnings from horse races (to resident as well as non-resident)
  194C	Payment or credit to a resident contractor/sub-contractor
  194D	Insurance commission
  194E	Payment to non-resident sportsman or sports association
  194EE	Payment in respect of deposits under National Savings Scheme, 1987
  194F	Payment on account of repurchase of units of Mutual Fund or Unit Trust of India
  194G	Commission on sale of lottery tickets
  194H	Commission or brokerage
  194I	Rent of land or building or furniture or fitting or plant or machinery
  194IA	Payment/credit of consideration to a resident-transferor for transfer of any immovable property (other than rural agricultural land)
  194J	Professional fees, technical fees, royalty or remuneration to a director
  194LA	Payment of compensation on compulsory acquisition of certain immovable property
  194LB	Payment/credit by way of interest by infrastructure debt fund to a non-resident
  194LC	Payment/credit of interest by an Indian specified company on foreign currency approved loan/long-term infrastructure bonds from outside India
  194LD	Interest on a rupee denominated bond of an Indian company or Government security (from June 1, 2013)
  195	Payment/credit of other sum to a non-resident
  196B	Payment/credit of income from units (including long-term capital gains on transfer of such units) to an offshore fund
  196C	Payment/credit of interest of foreign currency bonds or GDR (including long-term capital gains on transfer of such bonds) (not being dividend referred to in section 115-O)
  ​196D	Payment/credit of income from securities (not being dividend, short-term or long-term capital gain) to Foreign Institutional Investors

  ​
• ​At what rate tax is to be deducted by the deductor?
  ​Under the Income-tax Law, different rates of TDS are prescribed for different payments. The rates of TDS for various payments are as follows :

  Rate of TDS	Nature of payment
  Normal rate (*)	Salary (to resident as well a​​s non-resident)
  10%	Interest on securities
  10%	Dividends ( other than dividend on which dividend distribution tax is paid under section 115-O)
  10%	Interest other than interest on securities
  30%	Winnings from lottery or crossword puzzle or card game or other game of any sort (in case of payment to non-residents, surcharge and cess will apply as per the applicable rates)
  30%	Winnings from horse races (in case of payment to non-residents, surcharge and cess will apply as per the applicable rates)
  ​1% 2%	Payment or credit to a resident contractor/sub-contractor : (a) payment/credit to an individual or a Hindu undivided family (b) payment/credit to any person other than an individual or a Hindu undivided family
  10%	Insurance commission
  20%	Payment to non-resident sportsman or sports association (surcharge and cess will apply as per the applicable rates)
  20%	Payment in respect of deposits under National Savings Scheme, 1987 (in case of payment to non-residents, surcharge and cess will apply as per the applicable rates)
  20%	Payment on account of repurchase of units of Mutual Fund or Unit Trust of India (in case of payment to non-residents, surcharge and cess will apply as per the applicable rates)
  10%	Commission on sale of lottery tickets (in case of payment to non-residents, surcharge and cess will apply as per the applicable rates)
  10%	Commission or brokerage
  10% 2%	Rent (a) land or building or furniture or fitting (b) Plant and machinery
  1%	Payment/credit of consideration to a resident-transferor for transfer of any immovable property (other than rural agricultural land)
  10%	Professional fees, technical fees, royalty or remuneration to a director
  10%	Payment of compensation on compulsory acquisition of certain immovable property
  5%	Payment/credit by way of interest by infrastructure debt fund to a non-resident (surcharge and cess will apply as per the applicable rates)
  5%	Payment/credit of interest by an Indian specified company on foreign currency approved loan/long-term infrastructure bonds from outside India (surcharge and cess will apply as per the applicable rates)
  5%	Interest on a rupee denominated bond of an Indian company or Government security (from June 1, 2013), (surcharge and cess will apply as per the applicable rates)
  (#)	Payment/credit of other sum to a non-resident
  10%	Payment/credit of income from units (including long-term capital gains on transfer of such units) to an offshore fund (surcharge and cess will apply as per the applicable rates)
  10%	Payment/credit of interest of foreign currency bonds or GDR (including long-term capital gains on transfer of such bonds) (not being dividend referred to in section 115-O​) (surcharge and cess will apply as per the applicable rates)
  20%	Payment/credit of income from securities (not being dividend, short-term or long-term capital gain) to Foreign Institutional Investors (surcharge and cess will apply as per the applicable rates)
  (#)	Payment/credit of other sum to a non-resident

  
  

  (*) Normal rate means the rate of tax applicable to an individual on the basis of his income. Further, surcharge @ 10% (if net income exceeds Rs. 1 crore) and education cess @ 2% and secondary and higher education cess @ 3% will also apply.

  (#) Rates will be determined on the basis of nature of payment.

  Note :

  (1) Generally tax is to be deducted at above rates, however, if the payee does not furnishes his Permanent Account Number (PAN), then the payer has to deduct tax at the higher of following rates:

  • At the rate specified in the relevant provision of the Income-tax Act; or
  • At the rate or rates in force, i.e, the rate prescribed in the Finance Act; or
  • At the rate of 20%.

  ​

  (2) In case of TDS on payments to non-resident, tax is deductible at the above rates or the rates specified in Double Taxation Avoidance Agreements (DTAA) entered into by the Central Government (whichever is lower).

  ​
• ​Is there any minimum amount upto which tax is not deducted?
  ​In respect of various items liable to TDS, the Income-tax Law has prescribed a threshold limit. If the expenditure incurred/payment made during the year is below the threshold limit, then there is no requirement to deduct tax at source. Following list gives the threshold limit in respect of various items covered by TDS provisions:

  Limit	Nature of payment
  (*)	Salaries
  Rs. 5,000	Interest other than interest on securities (the limit is Rs. 10,000 for interest on time deposits with banks/ co-operative society engaged in banking business and Senior Citizen Saving Schemes, 2004 of post office)
  Rs. 10,000	Winnings from lottery or crossword puzzle or card game or other game of any sort
  Rs. 5,000	Winnings from horse races
  Rs. 30,000 per contract and Rs. 75,000 for aggregate amount during the year	Payment or credit to a resident contractor/sub-contractor
  Rs. 20,000	Insurance commission
  Rs. 1,000	Commission on sale of lottery tickets
  Rs. 2,500	Payment in respect of deposits under National Savings Scheme, 1987
  Rs. 5,000	Commission or brokerage
  Rs. 1,80,000	Rent of land or building or furniture or fitting or plant and machinery
  Rs. 50,00,000	Payment/credit of consideration to a resident transferor for transfer of any immovable property (other than rural agricultural land)
  Rs. 30,000	Professional fees, technical fees or royalty (no limit for remuneration to a director)
  Rs. 2,00,000	Payment of compensation on compulsory acquisition of certain immovable property

  
  

  (*) No tax is to be deducted if the taxable salary (after allowing certain deductions under section 80C to section 80U​) does not exceed the basic exemption limit applicable in case of an individual taxpayer (i.e., Rs. 2,00,000 or Rs. 2,50,000 or Rs. 5,00,000, as the case may be).

  ​
• ​Can the payee request the payer not to deduct tax at source and to pay the amount without deduction of tax at source?
  ​​No, the payee cannot request the payer for non-deduction of tax at source. However, in respect of TDS on interest other than interest on securities, the payee (not being a company or a firm may) issue Form 15G/15H to the payer (if the conditions specified in this regard are satisfied) and on furnishing of such form, the payer will not deduct tax at source from interest. 

  Form No. 15G can be accepted only if the amount of interest to be paid does not exceed the exemption limit. 

  Further, the payee may approach the Assessing Officer by making an application in Form No. 13 for issuance of certificate for non-deduction of tax or lower deduction of tax at source.  If the payee has obtained such certificate, then on production of such certificate to the payer, the payer will not deduct tax or will deduct tax at lower rate as provided in the certificate issued by the Assessing Officer. 
• ​What to do if tax is deducted but the ultimate tax liability of the payee is nil or lower than the amount of TDS?
  ​In such a case, the payee can claim the refund of entire/excess amount of TDS (as the case may be). ​
• ​If the payer does not deduct tax at source, will the payee face any adverse consequences by means of action taken by the Income-tax Department?
  ​It is the duty and responsibility of the payer to deduct tax at source. If the payer fails to deduct tax at source, then the payee will not have to face any adverse consequences. However, in such a case, the payee will have to discharge his tax liability. Thus, failure of the payer to deduct tax at source will not relieve the payee from payment of tax on his income.​
• ​What are the duties of the person deducting tax at source?
  ​ Following are the basic duties of the person who is liable to deduct tax at source.
  

  • He shall obtain Tax Deduction Account Number and quote the same in all the documents pertaining to TDS.

  • He shall deduct the tax at source at the applicable rate.

  • He shall pay the tax deducted by him at source to the credit of the Government (by the due date specified in this regard).

  • He shall file the periodic TDS statements, i.e., TDS return (by the due date specified in this regard).

  • He shall issue the TDS certificate to the payee in respect of tax deducted by him (by the due date specified in this regard).

  ​
• ​How can I know the quantum of tax deducted from my income by the payer?
  ​To know the quantum of the tax deducted by the payer, you can ask the payer to furnish you a TDS certificate in respect of tax deducted by him. You can also check Form 26AS from your e-filing account at https://incometaxindiaefiling.gov.in

  You can also use the “View Your Tax Credit” facility available at www.incometaxindia.gov.in
• ​What to do if the TDS credit is not reflected in Form 26AS?
  ​Non-reflection of TDS credit in Form 26AS can be due to several reasons like non-filing of TDS statement by the payer, quoting incorrect PAN of the deductee in the TDS statement filed by the payer. Thus, in case of non-reflection of TDS credit in Form 26AS, the payee has to contact the payer for ascertaining the correct reasons for non-reflection of the TDS credit in Form 26AS. ​
• ​At what rate the payer will deduct tax if I do not furnish my Permanent Account Number to him?
  ​As per section 206AA​, if you do not furnish your Permanent Account Number to the payer (i.e., deductor), then the deductor shall deduct tax at the higher of the following rates :

  • At the rate specified in the relevant provision of the Act.
  • At the rate or rates in force, i.e., the rate prescribed in the Finance Act.
  • At the rate of 20%.

  ​
• ​I do not have PAN. Can I furnish Form 15G/15H for non-deduction of TDS from interest?
  ​​​As per section 206AA​, a declaration in Form No. 15G or Form No. 15H is not a valid declaration, if it does not contain PAN of the person making the declaration. If the declaration is without the PAN, then tax is to be deducted at higher of following rates : 

  • At the rate specified in the relevant provision of the Act.
  • At the rate or rates in force, i.e., the rate prescribed in the Finance Act.
  • At the rate of 20%.​
• Would I face any adverse consequences if instead of depositing TDS in the government's account I use it for my personal needs?
  Yes, failure to remit TDS in the government's account within stipulated time-limit would attract interest, penalty and rigorous imprisonment of upto seven years.
• ​I have not received TDS certificate from the deductor. Can I claim TDS in my return of income?
  ​Yes, the tax credit in your case will be reflected in your Form 26AS and, hence, you can check Form 26AS and claim the credit of the tax accordingly. However, the claim of TDS to be made in your return of income should be strictly as per the TDS credit being reflected in Form 26AS. If there is any discrepancy in the tax actually deducted and the tax credit being reflected in Form 26AS then you should intimate the same to the deductor and should reconcile the difference. The credit granted by the Income-tax Department will be as per Form 26AS. ​
• ​If I buy any land/building then is there any requirement to deduct tax from the sale proceeds to be paid by me to the seller?
  ​​​Yes, Budget, 2013 has introduced section 194IA which provides for deduction of tax at source in case of payment of sale consideration of immovable property (other than rural agricultural land) to a resident. section 194IA is not applicable if the seller is a non-resident. Tax is to be deducted @ 1% if the sale consideration of the property exceeds Rs. 50,00,000. However, if the sale consideration is below Rs. 50,00,000 then there is no need to deduct tax. If the sale consideration exceeds Rs. 50,00,000, then tax is to be deducted on the entire amount and not only on the amount exceeding Rs. 50,00,000.

  If the seller is a non-resident then tax is be deducted under section 195 and not under section 194IA. Thus, in case of purchase of property from non-resident TDS provisions of section ​195​ will apply and not of section 194IA.
• ​What is the difference between PAN and TAN?
  ​​PAN stands for Permanent Account Number and TAN stands for Tax Deduction Account Number. TAN is to be obtained by the person responsible to deduct tax, i.e., the deductor. In all the documents relating to TDS and all the correspondence with the Income-tax Department relating to TDS one has to quote his TAN. 

  PAN cannot be used for TAN, hence, the deductor has to obtain TAN, even if he holds PAN.

  However, in case of TDS on purchase of land and building (as per section 194IA​) as discussed in previous FAQ, the deductor is not required to obtain TAN and can use PAN for remitting the TDS.

as amended by Finance Act, 2013

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