Threshold Limit

Threshold Limit for Tax Audit for the AY 2017-18

Yet tax audits for the AY 2016-17 are on their way and to finish before 30.09.2016 but we need to also keep in mind threshold limit applicable for the AY 2017-18 for compliance and planning purposes. The Finance Act 2016 (applicable for the AY 2017-18) has enhanced the turnover limit from Rs. 1 crore to Rs. 2 crores for assessee’s claiming presumptive taxation benefit under section (u/s) 44AD of the Income Tax Act 1961 (the Act).

This, therefore, created a doubt whether tax audit limit u/s 44AB of the Act is simultaneously increased from Rs. 1 crore to 2 crores or not.

Income tax

The dust is set at rest by CBDT press release dated 20.06.2016 clarifying that higher threshold limit for non-audit of accounts has been given only to assesses opting for presumptive taxation scheme u/s 44AD of the Act. In other words, it means that turnover / total sales / gross receipt level fixed to be greater than Rs.1 crore attracting tax audit provisions u/s 44AB of the Act still prevails but assesses who claim benefit of section 44AD of the Act can avoid tax audit up to the total turnover limit of Rs. 2 crores even.

Above arrangements can be comprehended with the assistance of following cases even:

  • Alpha Pvt. Ltd. having a total turnover of Rs. 125 lacs for the FY 2016-17 needs to get its books audited u/s 44AB of the Act as turnover has exceeded Rs. 1 crore. We all know that company assessee can’t avail benefit u/s 44AD of the Act thus threshold limit of Rs. 1 crore applicable as above.
  • Mohanty and Co. (an organization firm) occupied with exchanging of electronic merchandise having a turnover of Rs. 165 lacs for the FY 2016-17 require not to get its records reviewed u/s 44AB of the Act as its turnover has not surpassed Rs. 2 crores (expecting that firm will offer business salary u/s 44AD of the Act). Be that as it may if the firm selects to be out of possible tax collection conspire u/s 44AD of the Act it needs to get books evaluated u/s 44AB of the Act.
  • Mr. Girraj Malpani, proprietor of Goverdhan Associates having receipts of 137 lacs from commission by way of sourcing insurance and lending arrangements during the FY 2016-17 will need to get his accounts audited u/s 44AB of the Act because assesses earning commission income can’t avail benefit of section 44AD of the Act thus threshold limit of Rs. 1 crore shall be applicable.Credits:  Anoop Bhatia

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Processes involved with GST

 

Registration under GST

How to register Under GST

PAN is mandatory for taking registration under GST. PAN will be validated by CBDT. After successful validation, registration will be granted.

  •  If a person has a SEZ unit, then he is required to make separate registration application for that unit. Similarly, a separate application of registration is required for becoming Input Service Distributor.
  •  A non- resident seeking registration under Non-Resident Taxable Person has to appoint an authorized signatory who will sign the application of registration. That person must be resident of India having a valid PAN.
  • A man enrolled under GST is required to show his authentication of enlistment at a conspicuous area at his primary place of business and GST Number on the name board at passage of his central place of business.
  •  Physical verification of place of business will not be conducted to grant registration under GST. But officer can do physical verification after granting of registration, if he is satisfied that it is necessary to do the same. He must upload verification report on GST Portal within 15 working days after verification.

Invoice on GST Portal

Invoice on GST Portal

  • Tax invoice in case of supply of taxable services must be issued within 30 days of date of supply of services. However, time limit for banking company, insurance company or financial institutions is 45 days.
  • The invoice shall be in triplicate for Supply of Goods and in duplicate for Supply of Services.
  • The serial number of invoices issued will be furnished electronically on GST Portal.
  • On receiving advance, Receipt Voucher will be issued. If rate is not determinable, tax is to be paid at 18%. If nature of supply is not determinable, it will be treated as Inter-State Supply.
  • If reverse charge is applicable, the recipient will issue Payment Voucher.

Pay tax on the GST Portal

GST ecosystem

  • Electronic Liability Register shall be maintained for each person liable to pay tax on the GST Portal.
  • Electronic Credit Ledger and Electronic Cash Ledger shall also be maintained on the GST Portal for the person eligible for input tax credit and for person liable to pay tax respectively.
  • Tax will be paid only through internet banking, RTGS, NEFT or Debit and Credit Cards. However, over the counter payment is allowed through authorized banks for the amount up to Rs.10,000 per challan per tax period.

Refund through GST Portal

GST Refund

  • A separate formula is prescribed for Maximum Refund in case of inverted duty structure, i.e., GST rate is higher on Inputs than on Output Supply.
  • Refund application shall be filed electronically on GST Portal.
  • The grant of provisional refund shall be made if person clamming refund has not been prosecuted during any period of 5 years preceding the tax period for which refund is claimed. However, the following 2 condition mentioned in Draft Refund rules have been deleted:
  • The assessee should have a GST compliance rating of not less than 5.
  • The assessee should not have any pending proceeding or appeal on any issue.
  • If Commissioner wants to withhold refund, order must be issued along with reasons of withholding refund.

GST Valuation

GST Valuation Process

  • The value of supply made by principal to its agent or made to any related person shall be 90% of price charged for the supply of like kind and quality to unrelated person.
  • The value of a token, coupon or a voucher shall be equal to the money value of goods redeemable against such token or voucher or coupon.
  • The expense incurred by a supplier as a pure agent will not form value of supply and shall be excluded. The supplier will be treated as pure agent on complying with following three conditions:
  1. He makes payment to third party on authorization by such recipient.
  2. The installment made by immaculate operator in the interest of beneficiary has been demonstrated independently on receipt.
  3. The supplies procured from third party by pure agent on behalf of recipient are in addition to services he supplies on his own account.

Earlier, in draft rules, 8 conditions were prescribed. Now, only these three conditions have to be fulfilled.

Input Tax Credit on GST

Basic gst process
  • The person eligible to take credit in respect of input of goods held in stock after registration is required to file a declaration on GST Portal that he is eligible for input tax credit within 30 days.
  •  ITC would not be available to registered person if tax has been paid by supplier after issuing demand order on account of fraud, wilful misstatement or suppression of facts.
  • The time limit to claim input tax credit is not applicable to re-claim credit reversed earlier due to non-payment of consideration to supplier.

Composition

  • 24. Following persons will not be eligible for composition scheme:

           1 – Casual taxable person or non-resident taxable person

  • Person having goods in stock which were purchased in course of inter-State trade or from unregistered person
  • Rates of Taxes for Composition Levy:
    • Manufacturers, other than manufacturers of such goods as may be notified by the Government – at 1%
    • Suppliers making supplies referred to in clause (b) of paragraph 6 of Schedule II – at 2%
    • Any other supplier – at 0.5%

Find more gst related services at Certicon Consultants 

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