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CA Anand - PowerPoint Presentation

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CA Anand - PPT Presentation

Mutha BCom FCA DISA 1 Changes in Services Tax Changes by Finance Bill 2011 Changes in Finance Act 1994 POINT OF TAXATION Old Law On Receipt Basis Receipt of charges or advance is taxable event ID: 276294

penalty tax levied service tax penalty service levied reduced paid short law payment data invoice refunded interest maximum details section payable erroneously

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Slide1

CA Anand MuthaB.Com., F.C.A., D.I.S.A.

1

Changes in Services Tax

Changes by

Finance Bill, 2011

Changes in Finance Act, 1994Slide2

POINT OF TAXATIONOld Law

On Receipt BasisReceipt of charges or advance is taxable event.

New Law

Issue of invoice or Receipt of advance is Taxable event

Adjustment of service tax allowed if amount refunded or credit note issued.

2Slide3

Continuous ContractsWithin 14 days of completion of service

Issue of InvoiceReceipt of AdvanceCompletion of Events specified in the contracts Slide4

Penalty for late fling of return. Section 70

Maximum penalty has be increased by 10 times. Now

assessees

have bigger reason to worry for delay in filing service tax returns.

Old Law

New Law

Maximum penalty – Rs. 2000.

Maximum penalty – Rs. 20000.Slide5

5

General penalty for – non registration, non

maitenance

of books, non furnishing of information, non attending summons, non payment of tax

electrinically

, incorrect invoice, not accounting invoices, any other.

Old Law

New Law

Rs.

5000/-

Rs.

10000/-

* Waiver of Penalty if due to Reasonable cause.Slide6

Recovery of Service tax not levied or paid or short levied or short paid or erroneously refunded – Section 73(1A) & 73(2)

Old Law

New Law

The benefit of reduced penalty was available in cases of fraud, collusion suppression

etc.

The benefit of reduced penalty

not available

in cases of fraud, collusion, suppression etc

.Slide7

Penalty in case of – True and Complete Details available .

OLD LAW

NEW LAW

Penalty for failure to pay service tax,

higher of following:

Rs. 200/day during default ;or

2%/month of such tax.

Penalty for failure to pay service tax,

higher of following:

Rs. 100/day during default ;or

1%/month of such tax.

Maximum Penalty – 100% service tax payable

Maximum Penalty – 50% service tax payableSlide8

Recovery of Service tax not levied or paid or short levied or short paid or erroneously refunded – Section 73(4A) – Reduced penalty.

“Specified records” means records including computerised

data as are required to be maintained by an assessee in accordance with any law for the time being in force.However if there is no such requirement, the invoices recorded by the assessee

in the books of account shall be considered as the specified records.

Effective date - The above changes will come into effect from a date to be notified, after the enactment of Finance Bill, 2011.Slide9

Recovery of Service tax not levied or paid or short levied or short paid or erroneously refunded – Section 73(4A) – Reduced penalty.

Reduced penalty

1%/month of such tax, for the period during which the default continues.Maximum penalty – 25% of the tax amount,Conditions

During the course of any audit, investigation or verification;

it is found that any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded,

True and complete details of transactions are available in the specified records

Pay service tax along with interest payable thereon under section 75 and reduced penalty before service of notice on him and inform the Central Excise Officer of such payment in

writing.OR

within 30 days

of order.Slide10

Interest on delayed payment service tax

*Interest @ 18 % is payable Reduced rate of interest

Interest rate shall re reduced by 3%. IFValue of taxable services provided in a financial year does not exceed Rs. 60 Lacs during any of the financial years covered by the notice or during the last preceding financial year.Slide11

11Slide12

Prosecution For Offences Not Issuing Invoice

Receiving Taxable service without invoiceWrong CENVATFalse books of accounts Non payment of tax for 6 monthsSlide13

Prosecution For Offences What is the Punishment for first time

Amount Above 60 lacs-minimum 6 months up to three years In any other case – up to 1 yearRepeated Offence

Minimum 6 months up to 3 years Slide14

How to submit DataPreviously only following details required

Receipts DetailsBilling DetailsSlide15

How to submit DataFrom 2011 following data is required

Billing DetailsDetails of Advances

Details of Advances received in Previous period Details of Adjusted bills. Slide16

How to submit DataSample Data Format available in soft.

BY Tomorrow Please send your request on anandmutha@gmail.comSlide17

What Care should be takenProper and in time invoice

Proper CENVATRegular & Timely payment of TaxE-payment of Tax when above 10 lacsTimely filling of ReturnBe in touch with consultant

4 updatesSlide18

18

THANK

YOU

Your comments and suggestions are of utmost importance and are always welcomed.

Contact person:

CA.

Anand

Mutha

B.Com

, F.C.A., D.I.S.A.

A3, First Floor,

Parashuram

Apts.,

College Road, Nashik -422005

Website:

www.armutha.in

E-mail:

anandmutha@armutha.in