Sunday, September 29, 2019

Extension of due date for linking of PAN with Aadhaar from 30.09.2019 to 31.12.2019

Extension of due date for linking of PAN with Aadhaar from 30.09.2019 to 31.12.2019

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)]

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

NOTIFICATION

New Delhi, the 28th of September, 2019

S.O ……….. (E).– In exercise of the powers conferred under sub-section (2) of section 139AA of the Income tax Act, 1961 (‘Act’)(43 of 1961), the Central Government hereby amends the notification of the Ministry of Finance (Department of Revenue) dated 31st March,2019, published in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (ii) vide S.O. number 1495(E) dated 1st Apri1,2019.

2. In the said notification : –

(i) in paragraph 1, 30th September, 2019 shall be substituted by 31st December, 2019;

(ii) in paragraph 3, 30.09.2019 shall be substituted by 31st December, 2019.

-Sd-
(Rajarajeswari R.)

Under Secretary to the Government of India

(F. No. 225/75/2019-ITA.II)
Notification No.75/2019

Note: -The principal notification no. 31/2019 dated 31st March, 2019 was published in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (ii) vide S.O. number 1495(E) dated 1st April, 2019.

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Saturday, September 28, 2019

Representation to ICAI president against CAs enrolled with Urbanclap

Representation to ICAI president against CAs enrolled with Urbanclap

Date: 28.09.2019

To,
The President
The Institute of Chartered Accountants of India
New Delhi

Subject : Chartered Accountants getting empanelled with Urban clap, degrading the profession to rock bottom low.

Sir,

Amidst agitation being carried out by CA students under influence of revered faculties, another shocking instance has come to surface which has actually degraded the CA profession to as low as other daily wager jobs.

Urbanclap – an app which renders services of electricians, carpenters, house-keeping, cleaning services etc. has now chartered accountants on board. They have agreed to render services

1. At the doorstep of customer

2. Lowest prices

3. Fixed Prices

4. Free consultancy and

5. Personalised CA services (Pictures attached).

It is a big matter of concern for CA community that we are stooping so low that we have started comparing ourselves with skilled labour jobs and not professional assignments.

It is high time that ICAI must intervene and introspect what is happening and who is doing it. Because if this is not corrected at this moment, day is not far when CAs will be giving door to door services just like another beauty parlour. This thought not even horrifies me but also makes me unsure about my future as a practicing Chartered Accountant. Not only this while CA students agitation is heating up, most faculties have come out in open and have claimed that they don’t recommend CA is a career option to anyone. They went on to say that CA must be chosen as the last resort, when a student has no other choice. I have openly protested it and has written an article few days back that CAs must value themselves first and then expect from clients. Urbanclap as a business cannot be blamed but those chartered accountants who have empanelled with them must be boycotted and their membership must be cancelled with immediate effect. I am also worried as to so called CAs empanelled with the App are actually CAs or some accountants who have ruined the markets to a large extent.

It is high time that ICAI should strengthen its code of conduct and take strict measures. More responsibility lies with the central council members who should now take up this matter before their self-interest. We need serious investigation in this regards. Because if no action is taken now, day is not far that members of the institute shall soon be on roads agitating to prevent their image from getting maligned.

Sir you are requested to take up this matter seriously with utmost priority.

—sd—–

(Keshav R Garg)
FCA

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Due date of DIR 3 KYC Likely to be extended to 15th October 2019

Due date of DIR 3 KYC Likely to be extended to 15th October 2019

As per sources we have come to know that MCA has extended the due date of filing DIR 3 KYC for directors. The due date has been extended to 15th October 2019.

Official Notification for the same is still awaited.

This decision has been taken because MCA’s site was not working properly and people were facing the issues while doing the KYC.

The fees of Rs. 5,000/- shall be applicable & payable on all delayed filings w.e.f 16th October 2019.

Disclaimer : This information recieved via MCA Helpdesk and Official notification for the same is still pending.

Source : MCA Helpdesk

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Friday, September 27, 2019

Official Notification for Extension of Income Tax Returns & Audit reports Due Date

Official Notification for Extension of Income Tax Returns & Audit reports Due Date

F. No. 225/157/2019/ITA.II
Government of India
Ministry of Finance Department of Revenue
Central Board of Direct Taxes
*****

North-Block, ITA-II Division
New Delhi, the 27th September, 2019

Order under Section 119 of the Income-tax Act, 1961

The ‘due-date’ for filing income-tax returns for Assessment-Year 2019-20 is 30.09.2019 for assessees covered under clause(a) of Explanation 2 to sub-section(l) of section 139 of the Income­tax Act,1961{‘Act’). It has been represented that some of the taxpayers are facing difficulties in filing their reports of audit and income- tax returns.pue to various reasons including availability of limited time with tax professionals for completion of audits, floods in certain parts of the country etc.

2. On due consideration of representations from various stakeholders for extending the due date, being 30th September,2019 , for filing of income-tax returns and various reports of audit pertaining to assessment year 2019-20 for assessees’ covered under clause (a) of Explanation 2 to section 139(1) of the Act read with relevant provisions of the Act and Income-tax Rules, the Central Board of Direct Taxes, in exercise of its powers conferred under section 119 of the Act, hereby extends the ‘due-date’, for filing income-tax returns as well as all reports of audit (which are required to be filed by the said specified due date), from 30th September, 2019 to 31st October, 2019. However, there shall be no extension of the due date for purpose of Explanation 1 to section 234A (interest for defaults in furnishing return) of the Act and the assessee shall remain liable for payment of interest as per provisions of section 234A of the Act.

Under Secretary to the Government of India

Copy To:

1. PS to F.M./OSD to FM/PS to MOS(F)
2. PS to Finance/Revenue Secretary
3. Chairman (CBDT), All Members, CBDT
4. All Pr.CCslT /CCslT/Pr.DsGIT /DsGIT
5. All Joint Secretaries/CslT, CBDT
6. Directors/Deputy Secretaries/Under Secretaries of Central Board of Direct Taxes
7. ADG(Systemsf-4 with a request to place the order on official income-tax website
8. CIT (M& TP), Official Spokesperson of CBDT with a request to publicise widely
9. Addi. CIT, Data Base Cell for placing it on irsofficers website
10. The Institute of Chartered Accountants of India, IP Estate, New Delhi
11. All Chambers of Commerce

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MCA: FAQ’s Released on Form DIR-3 KYC for Approved DIN Holders

MCA: FAQ’s Released on Form DIR-3 KYC for Approved DIN Holders

Revised FAQs on DIR-3 KYC

1. Who is required to file DIR-3 KYC form?

For Financial year 2018-19 – Any person who has been allotted “Director Identification Number (DIN/DPIN)” on or before 31st March 2018 and the status of such DIN is ‘Approved’, needs to file form DIR-3 KYC to update KYC details in the system on or before 5th October 2018.

For Financial year 2019-20 onwards – Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th September of the immediately next financial year.

After expiry of the respective due dates, system will mark all non-compliant DINs against which DIR-3 KYC form has not been filed as ‘Deactivated due to non-filing of DIR-3 KYC’.

2. Who can file eForm DIR-3 KYC?

Any DIN holder who is filing his KYC details for the first time with MCA, must file all KYC details only through eForm DIR-3 KYC. There is no option for such a person to access the web-service for his KYC.

Further, any DIN holder who wants to update any information of his KYC details must update the same through filing of eForm DIR-3 KYC only. Please note that no update in details can be made by accessing the web-service for DIR-3 KYC.

3. Who can file KYC through DIR-3 KYC web-service?

Any DIN holder who has already submitted eForm DIR-3 KYC in any of the previous financial years and who does not require update in any of his KYC details as submitted, may perform his annual KYC by accessing DIR-3 KYC web service. No fee is payable up to the due date of each financial year. After the due date, a fee of Rs.5000 shall be payable.

4. Dates to be kept in mind to comply with Annual compliance of KYC?

As per the provisions of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, every individual who is allotted DIN as on 31st March of a financial year must submit his KYC on or before 30th September of the immediately next financial year.

If the DIN holder does not file his annual KYC within the due date of each financial year, such DIN shall be marked as ‘Deactivated due to non-filing of DIR-3 KYC’ and shall remain in such Deactivated status until KYC is done with a fee of Rs.5000.

Point to be noted here is that, if the KYC is done in one financial year, it NEED NOT be done again in the same financial year again. Example: DIN issued on 30 Jun 2017. Due date for first KYC to be filed in eForm DIR-3 KYC was 5th October 2018. If the DIN holder does not file the form within the due date, DIN is marked as ‘Deactivated due to non-filing of DIR-3 KYC’. Now in case the form DIR-3 KYC is filed with a fee of Rs.5000 before 31st March 2018, KYC will be considered to have been done for the FY 17-18.

However, if the form DIR-3 KYC is filed with a fee of Rs. 5000 on or after 1st April 2018, KYC will be considered to have been done for the FY 18-19 and the DIN holder will remain KYC non-compliant for FY 17-18. Now this DIN holder need not file eForm DIR-3 KYC or access the web service DIR-3 KYC again for FY 18-19.

5. Which details are required to be filled in the form?

Name (as per PAN database), Father’s Name (as per PAN database), “Date of Birth (DoB)” (as per PAN database), PAN Number (mandatory for citizens of India), Personal Mobile number, and Personal Email Address and Permanent/ Present address.

Further, Aadhaar is mandatory, if it is assigned. If not, then Voter ID or Passport or Driving License shall be attached. Accordingly, copy of any one of the above selected information is to be attached.

6. Is it mandatory to enter a unique mobile number and email ID in form DIR-3 KYC?

Yes. It is mandatory to enter your personal mobile number and personal email ID in the form DIR-3 KYC and the same has to be verified by an OTP process. Further, the mobile number and email ID must be unique such that it is not already linked with some other person in the DIN holders’ database.

7. How does the OTP functionality in DIR-3 KYC work?

Send OTP button will be enabled only after successful Pre-scrutiny of the form. After successful Pre-scrutiny, user has to click on ‘Send OTP’ button.

8. Who are the signatories in DIR-3 KYC form?

The DIN holder and a professional (CA/CS/CMA) certifying the form are the two signatories in form DIR-3 KYC.

Please note that in case of Citizens of India, the PAN mentioned in the DSC is verified with the PAN mentioned in the form.

In case of foreign nationals, the name in the DSC affixed should match with the name entered in the form. DSCs affixed on the form should be duly registered on the MCA portal.

9. I am a disqualified director, am I required to file form DIR-3 KYC?

Yes. Any person who has been allotted DIN and where the status of such DIN is ‘Approved’, is required to file form DIR-3 KYC. Hence, disqualified directors are also required to file form DIR-3 KYC.

10. What is the fee for form DIR-3 KYC?

Form DIR-3 KYC, if filed within the due date of the respective financial year, no fee is payable. However, if filed after the due date, for DIN status ‘Deactivated due to non-filing of DIR-3 KYC’ a fee of Rs.500 (Rupees Five Hundred Only) shall be payable from 21st September to 05th October 2018 (Both days inclusive). From 06th October onwards a Fee of Rs.5000 (Rupees Five Thousand Only) becomes payable.

11. My DIN status is ‘Deactivated’. Can I file form DIR-3 KYC?

Form DIR-3 KYC can be filed for status ‘Deactivated due to non-filing of DIR-3 KYC’ on payment of fee as above.

12. Whether details entered in the form DIR-3 KYC will update DIN Holders’ database?

Yes. All information as entered in the form DIR-3 KYC shall be updated in the DIN holders’ database.

13. Whether multiple filing of form DIR-3 KYC is allowed?

System will not allow multiple filing of form DIR-3 KYC for an applicant. In case KYC is already filed for a DIN, and such DIN is entered again, system throws an error that the form is already filed.

14. Whether non-resident directors can provide Indian mobile numbers?

In case the DIN holder is a resident of India, the address must be an address in India and mobile number must be an Indian mobile number.

In case DIN holder is non-resident, foreign address and foreign number shall only be allowed.

15. What attachments to provide for proof of address?

Please refer to Instruction Kit of DIR-3 KYC.

16. Why is the ‘Send OTP’ button disabled? What is the validity of OTP?

Send OTP button remains disabled till successful pre-scrutiny of the form. After successful pre-scrutiny, the form must be saved and only after saving the form, the ‘Send OTP’ button gets enabled.

Further, please note that, once OTP is successfully sent to the valid mobile number and email ID entered in the form, ‘Send OTP’ button gets disabled. OTP is valid for 30 minutes.

17. OTP not received on email. Why is it so?

You may check the Spam folder in your mailbox for the OTP received.

18. With reference to the Companies (Registration Office and Fees) Fifth Amendment Rules, 2018 dated 20th September 2018, please clarify whether my DIN which was ‘Deactivated due to non-filing of DIR-3 KYC’ would be ‘Reactivated’ automatically.

No. Every DIN holder whose DIN has been ‘Deactivated due to Non-filing of DIR-3 KYC’ has to necessarily file eform DIR-3 KYC or perform KYC through web-service first along with applicable fee. Once the form (DIR-3 KYC) is filed, it is approved on STP basis. On approval, the system will automatically ‘reactivate’ the DIN. Non-compliant DIN’s status would remain ‘Deactivated due to Non-filing of DIR-3 KYC’.

19. What is the time limit for filing DIR-3 KYC in respect of a DIN which is under the status ‘Deactivated due to Non-filing of DIR-3 KYC’ with a fee of Rs.500(Rupees Five Hundred Only)?

As per above rules, in such cases, DIR-3 KYC can be filed from 21st September 2018 till 5th October 2018(both days inclusive) with a fee of Rs.500.

20. When will the fee of Rs.5000(Rupees Five Thousand only) become payable applicable?

As per above rules, all cases of DIR-3 KYC filed from 6th October 2018 onwards will attract a fee of Rs.5000.

21. I have multiple DINs and have not filed DIR-3 KYC for any of the DINs. I want to surrender the DIN but while filing the form DIR-3 KYC, the DIN is not getting prefilled. Please suggest.

In case you have multiple DINs then you need to retain the oldest DIN and surrender all the latest DINs by filing DIR -5 eform. Please download the latest form DIR-5 from portal and try again.

22. I have multiple DINs and intend to surrender them. Also, I have not filed DIR-3 KYC for any of the DINs. Since my DIN is not getting prefilled, so should I file DIR-3 KYC first so that DIR-5 eform can be filed to surrender the DIN?

You are required to file DIR-5 first indicating therein all the DINs that you need to surrender (latest ones) and retain the oldest DIN. Please download the latest form DIR-5 from portal and try again.

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GST Online processing of refund applications and single authority disbursement implemented

GST Online processing of refund applications and single authority disbursement implemented

The online processing of refund applications and single authority disbursement has been implemented. The taxpayers are advised to take note of the following changes:

1.) Refund applications filed by the taxpayers in RFD-01 form shall be processed electronically/ online by the tax-officer and all communications between the tax officers and the taxpayers shall take place electronically.

2.) Refund amount shall be disbursed by accredited bank of Central Board of Indirect Taxes and Customs (CBIC) through the Public Financial Management System (PFMS) after bank account validation.

In order to view the details of changes in various forms Click Here

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Forms available on GST Portal for Taxpayers and Tax Officials

Forms available on GST Portal for Taxpayers and Tax Officials

Government has issued various forms for GST related compliances to be made by taxpayers and for taking actions on them by tax officials. Various forms issued for registration, filing returns or refunds etc. have been made available on the GST Portal.

To know about the details of GST Forms, made available for taxpayers and tax officials, on GST Portal click here.

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