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AccountAid Capsules 2010 (294-…) |
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304: Details of Electronic Bank Transfers 303:
Collection of Third
Party Account Payee Cheques 302: Opening of Salary
accounts 301:
No Service Tax on Mid-day Meals 300:
And now: a Welcome Delay from Delhi! 299:
Direct Taxes Code 2010: Charity as Usual 298:
FCRA Bill Passed in Lok Sabha 297:
FCRA Bill Introduced in Lok Sabha 296:
FCRA Bill Passed by Rajya Sabha 295:
Registration of Societies in Delhi now decentralised 294:
Some Relief under section 2(15) |
(19-Nov-10) When you get funds in your bank account through electronic transfer, some banks give the details of the remitter. Others do not. It becomes difficult to find out who has sent you the money. This creates problems in accounting and accountability. RBI has now made it compulsory for the banks to provide the name of the remitter in the passbook / bank statement. Additionally, banks are free to provide any additional details they wish. All banks are to implement this latest by January 1, 2011. References:
303: Collection of Third Party
Account Payee Cheques
(19-Nov-10) Collection of crossed account payee cheques through third party is not permitted under RBI guidelines. This has created difficulties in clearing cheques of members deposited by cooperative societies for collection. RBI has clarified, that banks can now collect third party account payee cheques for cooperative societies, provided: The cheque does not exceed `50,000. The payee is a member of the Co-operative Society. References:
http://www.rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=6052 302: Opening of Salary accounts
(19-Nov-10) What does one need for opening a Bank Account? There is an indicative list of the documents required. When it comes to opening bank accounts for salaried employees, some banks have done this simply on the basis of a letter from the employers. RBI is worried that this can be misused to launder money. In case of Satyam, it has been alleged that many fake accounts were created in the name of employees. RBI has now issued tougher norms for opening salary accounts. In addition to the employer certificate, banks must also ask at least one identity document (Passport, Driving License, PAN Card or Voter’s Identity card) as provided in Prevention of Money Laundering Rules (PML). References:
(1-Oct-10) Providing outdoor catering is a service which attracts Service Tax. This also affects many NGOs providing food under the Mid-Day Meal Scheme. The Central Government has now exempted such catering service from service tax, if provided by an NGO. However, the NGO must be one that is registered under a Central Act or State Act. References: · Sub-clause (zzt) of clause (105) of section 65 of the Finance Act · Notification No. 47 of 2010, 3rd September, 2010 (F.No. 354/165/2010-TRU). Current Taxcom News (vol.51, Pt.VI, Issue 18, p.953; 27th September 2010) (27-Sep-10) The Income Tax Department (perhaps taking a clue from the CWG?) has deferred the due date for filing tax return. The due date (30-Sep-2010) has been extended to 15-October-2010. This will apply to all assessess who have to file an audit report with the tax return. It will also apply to all Trusts and NGOs. References: · "On consideration of the reports of disturbance of general life caused due to floods and heavy rains, the Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income Tax Act, 1961, hereby extends the due date of filing of returns of income for the Assessment Year 2010-11 from 30.09.2010 to 15th October 2010. Accordingly the due date for Tax Audit report u/s. 44AB of the Income Tax Act is also extended to 15th October, 2010." CBDT Order u/s 119 dated 27-Sep-2010 (F.No. 225/72/2010-ITA.II), issued by Sh. Ajay Goyal, Director (ITA. II) · CWG: Common Wealth Games, scheduled to begin in Delhi from 3rd October 2010 · Issued for general information in good faith. Please confirm the applicability of above to your case with your tax advisers before taking any action based on this. - Ed. (31-Aug-10) The revised Direct Taxes Code Bill, tabled in Lok Sabha on 30th August is fortunately like old wine, mellowed and rich, though with a new smart label. A quick glance shows that it generally retains the existing structure, though some critical changes are still there, including compulsory accounting on cash basis and a tax of 15% on unspent income. The proposed requirement to spend 100% of receipts in the same year has been dropped. The limit is now 90%. However, the balance 10% must also be spent within the next three years. Facility for carry-forward is now available only for amounts received in the last month. Some of the nicer changes have also gone with the old Draft. The implied opening of charity work on international arena has been chopped. Opening up of investment options also appears to have disappeared. Tax on anonymous donations is back on the books. The bureaucratic phrase ‘Permitted welfare activity’, which saw furious reactions from the sector has been replaced with the more acceptable ‘charitable activity’. Overall, the modified Bill seems to be a good example of how the tradition of The Argumentative Indian continues to pull weight in India! References: ·
Direct Taxes Code Bill, 2010 (www.Accountaid.net)
· Above comments are made on a tentative basis, and are subject to revision on deeper analysis of the provisions. – Ed. 298: FCRA Bill Passed in Lok Sabha(28-Aug-10) Foreign Contribution (Regulation) Bill, 2006 has been passed in the Lok Sabha on 27th August 2010. . It has already been passed by the Rajya Sabha on 19th August 2010. The Bill will now go to the President for her assent. It will become operational only when the Rules are framed and Bill is notified. The text of the bill can be seen on www.accountaid.net References: (27-Aug-10) Foreign Contribution (Regulation) Bill, 2006 which was passed by Rajya Sabha on 19th August 2010 has now been introduced in Lok Sabha on 27th August 2010. Introducing the Bill, the Minister of State for Home Affairs Mr Ajay Maken said that the government has accepted 12 of the 14 amendments recommended by the Standing Committee. Once it is approved by Lok Sabha, it will go to the President for her consent. If passed by Lok Sabha in the current session, it is likely to become law before the end of this calendar year. References: www.anhourago.in/show.aspx?l=5705702&d=502 (20-Aug-10) Rajya Sabha on 19th
August’10 passed the Foreign Contribution (Regulation) Bill, 2006 which will
replace the Foreign Contribution (Regulation) Act, 1976 eventually. The
Honorable Minister for Home Affairs, Sh. P. Chidambaram replied to the debate
on the Bill. The bill will now go to Lok
Sabha. Once it is approved by Lok
Sabha, it will go to the President for her consent.
After this the Bill will be notified, along with Rules. It is possible that
the bill could become law before this year is over. In line with many other countries, FCRA 1976
is designed to prevent influence of foreign funds on Indian politics and
establishment. However, the Act also covers NGOs under the apprehension that
they could be used as surrogates by political parties. The Bill simplifies some of the procedures,
while significantly tightening others. The focus of the Bill is more on NGOs,
with the government trying to ensure "that the foreign money does not
dominate social and political discourse in India. There is enough money
within India." Electronic media will also be covered by FCRA provisions once the Bill becomes law. References: · http://www.newsonair.com/news.asp?cat=national&id=NN5332 (12-Jul-10) Delhi Government has decentralized the registration of Societies. It will now be placed under Sub-Divisional Magistrates. You would need to go to your area office for new registrations. Records for societies already registered will remain with the present Registrar of Societies till these record are eventually transferred to the respective SDM (HQ).
References: · http://www.delhi.gov.in/wps/wcm/connect/DoIT_Revenue/revenue/home · Notification No- CI/ Admn./RFS-1/2009/1903 dated 26/03/2010 issued by the Office of the Commissioner of Industries. Note: We thankfully acknowledge the contribution of Shri Anil Goel, CA in bring this to our attention. – Ed. (27-Feb-10) The Finance Minister has offered a small, but welcome relief under section 2(15). NPOs which were earlier required to give up all business-like activities, can continue these. The condition is that such business-like receipt should not exceed Rs.10 lakhs. This relief is being offered from F.Y. 2008-09. This means NPOs need not give up occasional sale of publications, hiring out of equipment etc. References: ·
ICAI website http://www.icai.org/resource_file/16823icai_awards_efr.pdf. ·
Sec. 2(15) of Income Tax Act, 1961, as modified by Finance Act, 2008 ·
AccountAid Capsules 262, 263, 265, 268 and 274 ·
AccountAble 141: Charitable Purpose and Income Tax |
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