0 ITR FORMS AY 2008-09 AND CHANGES IN FORMS

The CBDT has notified the new ITR forms for Assessment Year for 2008-09.Download in pdf



CA Punkaj aggarwal has made a broad review of new forms and found the following changes in the forms for 2008-09 as compared to ITR forms of 2007-08

1. Assessment year has been changed from 2007-08 to 2008-09 in every form.

2. The column provided forE-filing Acknowledgment Number has been removed from all the forms.

3. In schedule CG of Capital gains, the following changes has been made in all the schedules:

a. In A2e the sections 54,54EC,54F has been deleted and now the line reads as Exemption under section 54B/54D.

b. In A3, sections 54 and 54F has been deleted and 54G and 54GA has been added. Now it reads asAmount deemed to be short term capital gains under section 54B/54D/54EC/54ED/54G/54GA.

c. In B2d, the worddeduction has been replaced withExemption and sections 54G and 54GA has been added.

d. In B3d, the worddeduction has been replaced withExemption.

4. In Schedule CYLA, a new row ofLoss to be adjusted has been added and the sub-columns for losses has been merged.

5. In Schedule CFL, the year 1999-00 has been deleted and year 2007-08 has been added.

6. In Schedule SPI, it has been specifically mentioned that the income of minor child is to be included after Rs. 1500/- per child.

7. In ITR 3, the heading of Schedule BP has been changed to Details of Income from Firms of which partner.

8. In ITR 4 and ITR 6

a. In Balance Sheet Part A BS, 2bTrade Investments has been changed toShort-term investments.

b. In 2bi,including share application money has been added after Equity Shares. (Only in ITR4)

c. In Schedule BP A 23 has been changed as under:

          Any other income (including salary, commission, bonus and interest from firms in which individual/HUF/Prop. Concern is a partner) not included in Profit and loss account. /any other expenses not allowable.

          (Added portion highlighted and deleted portion strike off.)

d. A37 is also changed as under:

      Net Profit or loss from business or profession (same as above in 36 except in case of special business after applying rule 7A, 7B or 7C).

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2 SIXTH PAY COMMISSION REPORT SUBMITTED

Full Download:6th CPC Report | Annex


UPDATE ADOPTED BY GOVT ON 14.08.2008
PRESS RELEASE 14.08.2008


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press release on implementation 6th pay commission


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SIXTH PAY CALCULATION AFTER GAZETTE NOTIFICATION
SIXTH PAY COMMISSION PENSION CALCULATOR

BENEFIT TO PENSIONERS (BUSINESS STANDARD)

In a development that could well encourage more civil servants and armed forces personnel to opt for careers in the private sector, the government has decided to grant full pension benefits to all government employees who leave after 20 years in service, against the current 33 years.(check effective date of this rule)

The Union Cabinet has accepted this proposal, along with other recommendations of the Sixth Pay Commission on pension benefits for the estimated 3.84 million central government pensioners at a meeting here on Thursday. Experts said the reduction in the number of years of service to 20 years to earn full pension benefit was a liberal move and would end stagnation in government service.

Government officials told Business Standard that several other recommendations have also been accepted. These include raising the gratuity limit to Rs 10 lakh, higher pension for octogenarians, exclusion of earned leave encashed while in service from the overall limit, clubbing of earned leave and half-day pay leave for encashment.

Pensioners to get 40% raise, more gains for octogenarians.

Octogenarians will now be paid an additional 20 per cent of their basic pension, while those aged 85 will get 30 per cent more, rising to 100 per cent additional pension for centurions.

Officials said the final award for pensioners accepted by the government implied that central government pensioners would receive an overall increase of 40 per cent in pension. As a result the total estimated pension liability of nearly Rs 29,900 crore of the central government will go up by nearly Rs 1,400 crore annually.

Based on the Invest India Incomes and Savings Survey, 2007, it is estimated that 5.3 per cent central government employees (170,000) are likely to retire in the two years till 2009-10.

Another proposal to change the commutation formula and outsource the process to public sector banks, which would have saved the government Rs 2,344 crore annually, is also likely to have been accepted. If implemented, the government will bear only a notional subsidy on account of the interest payable to banks by employees who decide to commute a part of their pension, against the entire amount plus interest.

The central government had estimated 3,321,210 employees (excluding defence personnel) on its rolls in 2007, with the number projected to go up marginally to 3,329,682 in 2008.

MAIN FEATURES OF ORIGINAL REPORT:(read allownces rate excepted by the govt in notification)

* High performers to get 3.5% increment against normal 2.5%(now 3% as per cabinet approval)

* Enhanced pay scales for nurses, teachers and constabulary

* Existing rates of most of the allowances to be doubled

* Education allowance reimbursement at Rs 1,000 per child a

month against Rs 50 now

* Hostel subsidy to be increased 10 times to Rs 3,000

* Person stagnating at maximum of any pay band for more than a year to be placed in immediate next higher pay band without change in grade

* Performance linked incentive scheme to be introduced

* All fixed allowances to be made inflation proof

* All recommendations to be treated as an 'organic whole' as

partial implementation will bring in several anomalies and

inconsistencies.

-- Revised pay to be effective from Jan 1, 2006

-- Mkt driven compensation for young scientists & special posts

-- Contract appointment for select posts requiring high skills

-- Current age of 60 for superannuation to be maintained; no exceptions barring scientists & medical specialists

-- Number of grades reduced to 20 against prevailing 35

-- Existing parity between IAS and IFS to be maintained

-- Defence forces at par with civilians in pay and grades

-- Rs 6,000 allowance a month for officers up to brigadier rank

-- 5-day work week to continue; only 3 National holidays allowed(update:not accepted by govt)

-- Other gazetted holiday to go, adjusted in restricted holiday more

-- Person stagnating at maximum of any pay band for more than a year to be placed in immediate next higher pay band without change in grade

--a new medical insurance scheme recommended

-- Performance linked incentive scheme to be introduced; all fixed allowances to be made inflation proof with automatic revision whenever DA on revised scales goes up by 50 per cent

* In addition, Military service Pay for all personnel of Defence Forces till the rank of Brigadier/equivalent @Rs 6000 pm for officers, Rs 4200 pm for Military Nursing Services officers and Rs 1000 pm for Personnel below Officers ranks. The Military Service Pay to count for all purposes excluding increments.(check defence pay scale accepted by the Govt)

* Base year of the Consumer Price Index (CPI) for computation of dearness allowance to be revised as frequently as feasible. Formulation of a separate CPI for government employees by National Statistical Commission for computation of dearness allowance suggested.

* Existing rates of most of the allowances to be doubled both in case of Defence Forces as well as civilian employees.
  • # HRA in A-1 Cities - 30% (Unchanged)
  • # HRA in A, B, B-1 Cities - 20%
  • # HRA other cities 10%

* CCA to be subsumed in Transport Allowance and the rates of this allowance to be increased by 4 times.

* Travel entitlements to be paid on actuals.

* Risk allowance to be replaced by risk insurance.

* All fixed allowances made inflation proof with provision of automatic revision whenever dearness allowance payable on revised pay bands goes up by 50%. Transport allowance to be increased every year on the basis of the increase in the dearness allowance.

* Encashment of earned leave in case of defence forces personnel delinked from the number of years of service. All defence forces personnel to be eligible of leave encashment of up to 300 days at the time of retirement/discharge.

* A new medical insurance scheme recommended for government employees. The scheme to be optional for existing central government employees and pensioners. New government employees and new pensioners to be compulsorily covered by the scheme.

* Fitment formula recommended for serving employees to be extended in case of existing pensioners/family pensioners.

* Rates of Constant Attendant Allowance for disabled pensioners to be increased by five times to Rs 3,000 per month.

* Pension to be paid at 50% of the average emoluments/last pay drawn (whichever is more beneficial) without linking it to 33 years of qualifying service for grant of full pension.

* A liberal severance package for employees leaving service between 15 to 20 years of service.

* Higher rates of pension for retirees and family pensioners on attaining the age of 80, 85, 90, 95 and 100 years.

* Revision of the commutation table suggested for commutation of pension.

* In case of government employees dying in harness, family pension to be paid at enhanced rates for a period of 10 years.

* Framing of an appropriate insurance scheme suggested for meeting the OPD needs of pensioners in non-CGHS areas.

* A new mechanism for grant of advances under which an employee will take the advance from an approved bank and the government will give an interest subsidy equal to two percentage points on the rate of interest being charged by the bank to the employee. Existing limits of various advances increased and provisions made for their automatic revision periodically.

* Continuation of five-day week. Government offices to remain closed only on the three national holidays. All other gazetted holidays to be abolished and compensated by increasing the number of restricted holidays from two to eight days in a year.

* Benefits like staggered working hours, special leave for child care, enhanced maternity leave of 180 days, better accommodation facilities in the form of working women's hostels, etc specifically for women employees.(check datils from here update 16.09.2008)

* Government employees with disabilities recommended various benefits like enhanced number of casual leave, special aids and appliances for facilitating office work, higher interest subsidy for automobile loans, liberal flexi hours, higher rate of transport allowance, better prosthetic aids and proper grievance redressal machinery. Extra allowance for disabled women employees to take care of young child till the time the child attains the age of two years.

* Lateral movement of all Defence Forces personnel (both personnel below officer ranks and short service commission officers) at appropriate levels in Central Police Organisations/central Para military Forces as well as to the various posts of defence civilians in the ministry of defence.
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0 Wish all of you a Colorful HOLI


Send this eCard !


Apun wishing you a wonderful,

Super-duper,


Zabardast,


Xtra-badhiya,


Xtra special,


Ekdum mast and dhinchak,

Bole to ekdum jhakaas

“Happy Holi”.




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0 HRA AND HOUSE LOAN IN SAME CITY CAN BE CLAIMED.

I have taken a House Loan for a new house which is far away ( around 16KM ) from my office.( My new house and office are in same city ).I am staying for rent near to my office.As of now my parents are staying at new house which was bought on House Loan.and I stay with my wife at the rented house.CAN I CLAIM BOTH HRA AND HOUSE LOAN FOR TAX BENEFITS ?
Sharath Chandra Reddy

As per income tax act both benefits are independent of each other and there is no relation what to so ever in claiming HRA exemption and House loan interest ,if person fulfill conditions to avail benefit given in ACT than he can claim ,and condition is be checked separately for each section.If law has not given any condition or linking in both the sections than why DDO are linking it ,I don't know.lets discuss with provision of the act.

HRA EXEMPTION(
HRA EXEMPTION HOW TO CALCULATE)
To claim HRA Exemption following point/condition to be satisfied.
  • Persons has a salary income and Getting House rent allowance
  • person has actually incurred expenditure on payment of rent (by whatever name called) in respect of the residential accommodation occupied by him.
  • The residential accommodation occupied by the assessee should not be owned by him.
In your case you full fill all the above condition ,means have a salary income ,getting hra ,paying rent and residing in Rented house.so you are eligible to claim HRA exemption irrespective of your house loan interest claim.

House loan Interest claim.

while calculating income from house property first annual value of house is to be determined.

  1. House is let out (value will be according to Rent received)
  2. House is self occupied by the owner for own residence. (annual value will be nil)
  3. house cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him(annual value will be nil)
in situation two and three value of house annual will not be nil if
  1. the house or part of the house is actually let during the whole or any part of the previous year; or
  2. any other benefit therefrom is derived by the owner.
more over if asssessee has more than one house which full fill condition two or three above than he can take this benefit of annual value as nil ,only on one house at his option.means Income tax act permits that a person can have more than one self occupied house but he can avail benefit only for one house and other houses will be deemed to be let out.

now in your case you are living in rented house so you are satisfying condition of Hra so you can claim hra exemption.

In case of your own house ,the house is self occupied by you ,it doesn't matter if you are going to house at weekend or monthly and your parents are living in your own house,it is covered under definition of self occupied under income tax act.As I have clarified above In income tax act self occupied definition is not the same as we generally taken and as per act person can have more than one house as self occupied ,and as per income tax self occupied means

  • house is not let out for whole or part the previous year
  • no any other benefit therefrom is derived by the owner
so you can claim house loan interest.

but i think you are covering yourself in condition three above i.e
"house cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him"

and want to clarify whether this condition is applicable in same city or not.Though in my opinion your house is self occupied as I have clarified above yet for your clarification in above condition also there is no condition that your own house can not be in same city.At any other place does not mean any other city it can be in same city ,but there should be nexus between non occupation of your house and your employment,business or profession .

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related issues

please comment


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0 CORRECTION IN eTDS STATEMENT/RETURNS LESS DEDUCTION OF TAX.

Dear Friends,

etds are now a days mandatory for many persons/deductors ,but its a new to many & for me also ,there are few difficulties in prepration of etds returns but even difficulties we face ,it is more beneficial to us and a very good step towards e governance .Problem difficulties can be sought out with view sharing.We request all to share your view with each other.Each time we have a problem /difficulty in any work we should happy at that time because we know problem will be solved sooner or later and out knowledge will improve.Now come to the point a specific question has been put to me by Mr Rajiv jain again ,I found this question very interesting to me ,I am answering this question with the guidance of CA SHIV JINDAL (FCA) (Mobile:09417055937)

Ques:A deductor has deduct tds @ 5% instead of 10% and submitted etds return 26q accordingly, for 1st quarter.Now if he deduct balance tds amount in IIIrd quarter @ 5% from deductor

  1. whether he should deposit separate challan for balance tds.
  2. whether it is necessary to amend/revise the return.
  3. if revision of return is necessary ,then how should it be prepared.
  4. what should be done if deductor has deposited the balance amount of challan with the amount of q3 deducted amount in a single challan.
please take it serious and reply accordingly.

point wise answer to above is as under


  1. yes ,you should deposit separate challan for balance amount .
  2. yes,revise/correction return should be submitted .detail is given in third point.
  3. procedure and method of revised return for above problem is given below
    1. one number challan should be added through your correction software.means in your software select add new challan.In this case deductee detail will automatically opens.
    2. In deductee detail correct the amount paid of concerned party as shown in earlier etds return to 50% as earlier shown in that case, show date of deduction and date of payment same and date of deposit as shown in earlier deposit and correct the rate of tax deducted as 10%.
    3. Add new deductee detail ,in which show amount paid 50% as reduced /deducted from above entry and date of payment as as shown in old date of payment, date of deduction as new date of deduction(Q3) and tax deposited as per new tax deposited and rate of deduction as 10%.
    4. example :xyz ltd deducted tax @ 5% from abc ltd while paying professional fees rs 100000 on 2.6.2007 i.e rs 5000+3% cess =5150 rs and deposited the tax on 2.7.2007 and file the etds return on 12.07.2007 for first quarter .later on xyz ltd realize that tax should have deducted at the rate of 10% and then balance 5 % plus cess 5150 /- rs deducted on 10.10.2007 from other bill and deposited on 11.10.2007 Rs 5150/-.
    5. In above example add one challan for first quarter revised return for amount 5150/- rs in challan detail and in deductee detail correct the amount paid on 2.6.2007 as 50000 instead of 100000 (column 419) and rate of deduction (cl 427) as 10% and then insert a new deductee detail against new challan number, shown date of payment (418) as 2.6.2007 ,amount paid (419) as 50000, tax deducted (421-424) as 5150 ,tax deposited (425) 5150,date of deduction (426)10.10.2007,rate of deduction (427) as 10%.
4.If deductor has deposited the balance tax deducted along with tax deducted in third quarter than following procedure should be followed.In above example lets assume that tax deposited as 15450 along with third quarter tax of 10300 and balance of 5150 for first quarter on 11.11.2007.
In this case enter challan for rs15450 in both the quarter for full amount in challan detail.In deductee detail of q3 give detail corresponding to amount 10300 and in q1 revised /correction return enter challan detail of 15450 with full amount and in deductee detail do as per point 5 given above.

please comment.
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0 EMPLOYEE WORKING PART OF THE YEAR ETDS RETURN AND FORM 16

Dear friends ,as the year end is coming closer ,workload is increased due to various return to be filed and finalisation of accounts and one of the work is filing of Etds returns for salary form 24q .In last quarter a one additional annexure i.e annexure II is to be filled in addition to regular quarterly return.My Dear Friend Rajiv Jain has discussed some of the problem relating to last quarter salary return (ETDS q4) and I have tried to resolve that problems to best of my knowledge and I thing you may have also facing problem like that so I am giving the ques and answer for all of you.

ques:A person has worked under four employer in a financial year.
1)tds 1000 has deduction under 1st employer.
2) tds 2000 deducted in 2nd employer.
3 tds 3000 deducted under 3rd employer.
4) now in forth quarter he has received salary rs 40000/ and deduct tds 400/- - and save money 100000 under section 80c with 4th employer.
being an employer, while submitting etds return , annexure II entries are in question .
  1. In annexure -II , his gross amount is less than his savings , it shows minus in net amount.
  2. who will issue form 16 and what amount of 16a form .
The above points are totally confusing.have you final solution for that ?

Ans:CBDT has issued a clarification circular regarding annexure II form 26q Q4 main points covered in the circular are

  1. In annexure I figures of relevant quarter should be shown and in annexure II actual figure of the year should be shown.
  2. Where an employee has worked with a deductor for part of the financial year only, the deductor should deduct tax at source from his salary and report the same in the quarterly statement of the respective quarter(s) up to the date of employment with him. Further, while submitting Form No.24Q for the last quarter, the deductor should include particulars of that employee in Annexure II irrespective of the fact that the employee was not under his employment on the last day of the year.
  3. Similarly, where an employee joins employment with deductor during the course of the financial year, his particulars should be reported by the current deductor in Form No. 24Q of the relevant quarter. Further, while submitting Form No. 24Q for the last quarter, the deductor should include particulars of such employee for the actual period of employment under him in AnnexureII.
now point wise answer to ques

  1. In annexure II Q4 net taxable amount can not be negative so we can show deduction u/s 80 C maximum up to gross income (salary) shown.This limitation is due to FVU(file validation utility) as if income shown as negative it will not run through fvu.The point you should keep in mind while filing data of such employees.Fill period of income to/from date exactly against that employee.In above case show show saving amount u/s 80c upto 40000.
  2. Regarding form 16 each employer should show period of employment from to in form 16 in income column give salary paid by them only and in saving column saving actually submitted to them.and none of the employer should calculate tax liability ,just give salary figure and saving figure without any tax calculation.
  3. One more point,first three employer should also fill detail period of service and , salary paid in annexure II form 24q in respect of the employee evan at the end of the year he is not working with them.

hope you will understand what I want to say.If you have something to add or have a different version on the problem then please record in comment section.


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SCOPE OF ETDS/ETCS STATEMENT ENHANCED

KNOW ALL ABOUT PAN,VERIFY PAN ONLINE

Register for form 26as (pan login & View your taxes deducted/deposited/collected online) Read more on this article...
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0 FREE ETDS RETURN PREPRATION

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0 HOW TO EARN ONLINE BY PAY PER POST


Dear friends

I have start this blog just as to share knowledge and for a time pass 8 months back.That time I have not thought that through blogging One can also earn money.but by a passage of time I know various sources of earning money and tried them and now I am earning handsome money and today in this post I will discuss a new source of earning,which I found through Google search i.e Pay Per Post.


How it works

Working of pay per post is very simple ,first register your self then register your blog after registration copy a html code to your blog and wait for approvel for your blog. In order to start work with PPP your blog or site must qualify for the terms and conditions set by PPP.After approvel you can start earning money through pay per post (PPP).As the name suggest you will write a post about a product/sponsored and you will be paid for discussing the product and sponsored.

The good thing I have noticed that as per PPP
blog ethics you can/should also disclose to the viewer that the post they are reading is sponsored, like given in the end of this post, so that the reader are not confused .

For PPP you can select any topic form number of sponsored list.Each sponsored has fixed their rate willing to pay to blogger and rates are shown along with topic .you can select which is most suitable for your blog . The price tag varies depending on the subjects or products and advertisers to advertisers. With some special links directing to the advertiser’s site / blog / product you have to post your article and submit your task. After approval of your task, you are paid by PPP.



If you think that you deserve more than what the advertiser is offering, you can set your own price with “Hire Me for $.....” tag. It is not only the best way to promote your self but it also helps advertisers to find you out with their budgets.

You are also paid by promoting PPP with affiliate program. When you refer some other blogger or site owner to PPP, you are paid for every approved affiliate.

How much you can Earn

There is no limit of earning ,if you have good traffic on your blog and running on a topic and advertiser love your writing skills and your visitors are loyal to your blog ,you can earn in 5 digit in Indian rupees from PPP only.Personally, to any blogger I will recommend to join Pay Per Post who want to earn online for his / her writing. Join Pay Per Post and you will loose nothing.



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0 BUDGET CHANGES -MISSED BY U -40A(3) CASH PAYMENT EXCEEDING 20000 RS.


MEASURES TO PLUG REVENUE LEAKAGES
Amendment to the provisions of section 40A(3) of the Income-tax Act,

  • Section 40A(3)(a) of the Income-tax Act, 1961 provides that any expenditure incurred in respect of which payment is made in a sum exceeding Rs.20,000/- otherwise than by an account payee cheque drawn on a bank or by an account payee bank draft, shall not be allowed as a deduction.
  • Section 40A(3)(b) also provides for deeming a payment as profits and gains of business or profession if the expenditure is incurred in a particular year but the payment is made in any subsequent year in a sum exceeding Rs. 20,000/- otherwise than by an account payee cheque or by an account payee bank draft.
  • The provisions of this section are subject to exceptions as provided in Rule 6DD of the Income-tax Rules, 1962.
  • Section 40A(3) is an anti tax-evasion measure. By requiring payments to be made by an account payee instrument, it is possible to verify the genuineness of the transaction thereby mitigating the risk of evasion.
  • Person are splitting a particular high value payment to a person into several cash payments, each below Rs.20,000/-. This splitting is also resorted to for payments made in the course of a single day.
  • Courts have also held that the statutory limit in section 40A(3) applies to payment made to a party at one time and not to the aggregate of the payments made to a party in the course of the day as recorded in the cash book.
  • According to the judicial opinion, the words used are ‘in a sum’, i.e., single sum.Therefore, irrespective of any number of transactions, where the amount does not exceed the prescribed amount in each transaction,the rigours of section 40A(3) will not apply.

To overcome the splitting of payments to the same person made during a day as referred above and to increase the efficacy of the provision, the amendment seeks to substitute the present provision to provide that where a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, the disallowance of such expenditure shall be made under the proposed sub-section (3) of section 40A or the payment shall be deemed to be the profits and gains of business or profession under the proposed sub-section (3A) of section 40A,as the case may be.

  • To illustrate with an example, let us assume a taxpayer has incurred an expenditure of Rs 40,000/-. The taxpayer makes separate payments of Rs 15,000/-, Rs 16,000/- and Rs 9,000/- all by cash, to the person concerned in a single day. The aggregate amount of payment made to a person in a day, in this case, is Rs 40,000/-. Since, the aggregate payment by cash exceeds Rs 20,000/-,Rs. 40,000/- will not be allowed as a deduction in computing the total income of the taxpayer in accordance with the proposed amendment.

The proviso to the proposed sub-section (3A) provides that in certain prescribed cases and circumstances the provisions of proposed sub-sections (3) and (3A) shall not apply.
This amendment will take effect from 1st April, 2009 and will accordingly apply in relation to assessment year 2009-10 and subsequent assessment years.

SOURCE:BUDGET 2008

RELATED ARTICLES


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0 DIRECT TAX CHANGES IN BUDGET AT A GLANCE

In this post we will cover some important clauses of direct tax that has been proposed to be changed by Finance Minister in Budget 08.We will try to explain the changes.

  1. Change in Income Tax rates(Covered in separate Post)TAX CALCULATOR -WITH REVISED RATES IN BUDGET
  2. Senior Citizen Saving Scheme 2004 and the Post Office Time Deposit Account added to the basket of saving instruments under Section 80C of the Income Tax Act.This Benefit will be available from current year i.e investment made in f.y 2007-08 also eligible u/s 80c, and notification has already issued in this regard .
  3. Additional deduction of Rs. 15,000 allowed under Section 80D to an individual paying medical insurance premium of his/her parent or parents.whether parents depended on individual or not.applicable from AY 2009-10
  4. Income Tax Act to be amended to provide that reverse mortgage would not amount to “transfer”; and the stream of revenue received by the senior citizen would not be “income”.Reverse Mortgage scheme has been announced in last year budget but not so popular till date due to tax ambiguity which has been clarified now.applicable from AY 2008-09
  5. Benefit of amortization of certain preliminary expenses under Section 35D allowed to assessees in the services sector.applicable from AY 2009-10
  6. Corporate debt instruments issued in demat form and listed on recognized stock exchanges exempted from TDS.applicable from 01-06-2008
  7. Creche facilities, sponsorship of an employee-sportsperson, organizing sports events for employees and guest houses excluded from the purview of FBT.applicable from AY 2009-10
  8. Parent Company shall be allowed to set off the dividend received from its subsidiary company against dividend distributed by the parent company; provided that the dividend received has suffered DDT and the parent company is not a subsidiary of another company.applicable from AY 2008-09
  9. Insert a new sub-section (11C) in Section 80-IB to grant a five year tax holiday to hospitals located in any place outside the urban agglomerations especially in tier-2 and tier-3 towns; this window will be open for the period April 1, 2008 to March 31, 2013.
  10. Five Year holiday from the income tax being granted to two, three, or four star hotels established in specified districts having UNESCO-declared ‘World Heritage Sites’; the hotel should be constructed start functioning during the period April 1, 2008 to March 31, 2013.
  11. Rate of Tax on short term capital gain under section 111A & Section 115AD increased to 15 percent.applicable from AY 2009-10
  12. STT paid to be treated like any other deductible expenditure against business income; Earlier STT paid is treated as tax paid and rebate u/s 88E was available.Levy of STT, in the case of options to be only on premium, where the option is not exercised; liability to be on the seller; where the option is exercised, levy to be on the settlement price and the liability on the buyer; no change in the present rates.applicable from AY 2009-10
  13. Commodities Transaction tax (CTT) to be introduced on the same lines as STT on options and futures.applicable from AY 2009-10
    1. Sale of an option in goods or an option in commodity derivative @0.017 per cent on Seller on option premium.
    2. Sale of an option in goods or an option in commodity derivative, where option is exercised.On price of the option@0.125 per cent on the Purchaser.
    3. Sale of any other commodity derivative @0.017 per cent of the price at which
    the commodty derivative is sold on Seller.
  14. Law being amended to exclude entities carrying on regular trade, commerce or business or providing services in relation to any trade, commerce or business and earning incomes from claiming that their purposes also fall under “charitable purpose”. Genuine charitable organizations not to be affected in any way.
  15. Banking Cash Transaction Tax (BCTT) being withdrawn with effect from April 1, 2009.
  16. Under clause (a), the due date to file the income tax return has been prescribed as 31st day of October of the assessment year for the following categories of assessees:-
    (i) a company;
    (ii) a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or
    (iii) a working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force.
    It is proposed that the due date for filing of return of income for the above categories of assessees shall be 30th day of September of the assessment year.Applicable from AY 2008-09
  17. Similarly FBT return date is also changed to 30 September for above two categories. Applicable from AY 2008-09


CST and a Roadmap towards GST

  1. Central Sales Tax rate being reduced from 3 percent to 2 percent from April 1, 2008.
  2. Roadmap for Goods and Service Tax being prepared for introduction of GST from April 1, 2010.

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0 SERVICE TAX CHANGES IN BUDGET 2008

We try to cover major changes in service tax in Budget Presented on by Finance Minister on 29/2/2008.There is no change in service tax rate and it remains 12% plus education cess 2% and Higher Secondary Cess 1% .Important changes in service tax are given hereunder.

Service tax Good News

  1. The annual threshold limit of service tax exemption for small service providers has been increased from the present level of Rs.8 lakh to Rs.10 lakh with effect from 01.04.2008, provided that the aggregate value of taxable services rendered by such provider of taxable service from one or more premises, does not exceed Rs.10 lakh in the preceding financial year.(Notification No.08/2008-Service Tax).The above limit for service provider wise not for each service.Suppose If a person provide 2 or more services then the limit will be total for all the services provided by the persons.
  2. Consequent upon increase in threshold limit of exemption from Rs.8 lakh to Rs.10 lakh,with effect from 01.04.2008( notification No.26/2005-Service Tax dated 07.06.05 and notification No.27/2005-Service Tax dated 07.06.05 have been amended to raise the limit for obtaining service tax registration from Rs.7 lakh to Rs.9 lakh.)(Notification No.09/2008-Service Tax)(Notification No.10/2008-Service Tax) (Notification No.11/2008-Service Tax)
  3. Exemption from service tax is being provided with effect from 01.03.02008 to the taxable service provided
    • by a person, located outside India,
    • in relation to booking of an accommodation for a customer, located outside India,
    • in a hotel located in India.(Notification No.14/2008-Service Tax).
    • Earlier the tax was applicable for booking for booking for Indian Hotels done by agent outside India.but Tax from outside India entity are difficult to collect and only leads to litigations and dispute.This is a welcome steps.
  4. Exemption from service tax is being provided to the extent of 75% of the gross amount charged as freight for services provided by a goods transport agency (GTA) in relation to transport of goods by road in a goods carriage, unconditionally.(Notification No.13/2008-Service Tax)
      • Earlier the exemption was given conditionally with a condition that transport company has not taken cenvat credit ,moreover deptt has issued instructions to his staff to issue notice to service receiver who has taken the benefit of 75 % abatement on goods transport services while paying the service tax.As you aware of the clause that In case of Goods Transport services ,consignor ,consignee will pay service tax directly not goods transport agency ,if he falls in certain type of person category.
      • This abatement will apply from 01.03.2008
      • Goods Transport Agency Services excluded from the definition of “Output Services” to claim cenvat credit.means no output services credit will be available on goods transport agency now onwards.
OTHER CHANGES IN SERVICE TAX


New services Added :

  1. information technology software service,
  2. management of investment under Unit Linked Insurance Plan (ULIP)service,
  3. stock exchange service,
  4. recognised association or registered association commonly known as commodity exchange service,
  5. processing and clearinghouse service,
  6. supply of tangible goods for use service;
  7. internet telecommunication service.
Note :some of the services was included earlier in some other heads but now in depended heads have been given to them.scope of some services also extended.

A very good compilation of all the service tax amendments in budget has been created by CA Atul Kumar Gupta .you can download it from below link

Service Tax amendmend in budget (PDF)



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