Showing posts with label Profession Tax. Show all posts
Showing posts with label Profession Tax. Show all posts

Monday, 7 July 2014

MVAT amendments given consent by Governor

Maharashtra Act XXVII of 2014 has received assent of the Governor on 26th June, 2014.
 
Below are the few important amendments which found assent from the Governor of Maharashtra. The amendments to VAT and Profession Tax are as follows :

 - VAT Registration limit increased to 10 lakhs
 - Dealers other than importers, whose turnover during the FY 2013-14 not exceeded registration limit of Rs.10 lakhs, can apply for cancellation on or before 30-09-2014 and will be cancelled w.e.f. 1-10-2014.
 - Late Fee reduced to Rs.2,000/- if filed within 30 days from due date.
 - Provision giving power to Commisioner on application by dealer for giving directions in respect of assessment deleted.
 - If order cancelling the Assessment on an application u/s 23(11) is not passed within 3 months from end of the month in which application is made, assessment will be deemed to be cancelled.
 - No stay against the dues on account of non-production of certificates or declaration if two years has passed from the end of year for which claim relates, unless 100% tax in respect of such claim is paid.
 - Penalty for concealment is restricted to 100% of tax evasion but will not be less than 25% of tax evasion u/s 29(3)
 - If dealer has filed late return on or after 1-8-2012 and paid late fee also, penalty if levied will not be recovered.
 - No 30(4) penal interest is payable on additional liability on account of non-production of certificates or declarations.
 - No 30(4) penal interest if tax paid as per revised return is less than 10% of tax paid with original return.
 - TDS by person who awards quarrying lease or quarrying permit in respect of minor minerals.
 - Facility to apply for refund per return filed extended to units covered under Package Scheme of Incentives 2013.
 - VAT Audit limt raised to 1 crore
 - Turnover of Sales for VAT Audit to include value of goods transferred outside state not by reason of sale
 - Dealers holding liquor licenses mentioned in clause (b) omitted form VAT Audit unless covered due to turnover limit
 - Power of waiver of Audit penalty if filed within one month deleted.
 - Profession Tax limit for salaried persons increased to Rs.7,500/-
 - Power given to State Government to waive or reduce late fee
 - Exemption extended to person who is suffering from mental retardation specified

Tuesday, 10 June 2014

Maharashtra Budget Alert



The Finance Minister of Maharashtra presented the state budget for 2014-15 on 5 June 2014 in the State assembly. We have summarised below key indirect tax proposals/changes.

Proposed Amendments in Administration : The Border Check Posts shall be made operational with online facilities to ensure effective tax collection of Sales tax, State Excise. Specific rules shall be published for implementation of the same.  

Proposed Amendments in Tax Legislation :

a. Payment on Non availability of Concessional Forms: If the declaration forms ‘C’ and ‘F’ are not collected within two years from the end of the assessment year, the full differential tax will be payable at the time of filing appeal against an assessment order and no stay shall be granted beyond two years from the end of the assessment year. Stay granted earlier shall stand vacated on completion of two years from the end of the assessment year. This will apply to appeals filed from 1 July 2014.

b. Disposition of Ex- Parte Orders: Application to cancel ex-parte order will have to be disposed-off within three months by the assessing authorities, failing which the said assessment will deem to be cancelled after three months from the end of the month in which application is received.

c. Filing of Audit Report within one month: The period of one month allowed for filing of audit report beyond due date due to circumstances beyond control of dealer is proposed to be deleted.

d. Penal Interest Not Applicable till certain limits : Where the differential tax liability which arises on account of audit or investigation proceedings or on non-production of declarations, is less than 10 per cent of the tax paid with returns, additional 25 per cent interest under Section 30(4) shall not be payable.

e. Late filing fee reduction: Reduction of late fee for Value Added Tax (VAT) return from Rs 5000 to Rs 2000 for delay up to one month. For a delay beyond one month, the late fee of rupees five thousand will be applicable. All pending returns on 1 April 2014 can be filed along with payment of full tax and interest by paying late fee of rupees one thousand only.

f. VAT Registration Limits raised : Turnover limit for registration under VAT increased from Rs 5 lacs to Rs 10 lacs from the year 2013-14. Dealers whose turnover in the previous year was below Rs 10 lacs can apply for cancellation of registration certificate up to 30 September 2014.

g. VAT Audit Limits raised :Turnover limit for filing of VAT audit report increased from Rs 60 lacs to Rs 1 crore including liquor dealers.


Rate amendments/exemptions
Reduction in tax rates/fees

a.   Tax rate on cotton reduced from 5 per cent to 2 per cent.

b.  Inter-state sales of notified capital goods to department of Central or State Government liable to tax at
   5 per cent instead of 12.5 per cent.



Exemptions

a. Sales/Lease of copyrights of cinematographic films for theatrical exhibition exempted from VAT for the period 1 April 2005 to 30 April 2011. Such transactions were earlier exempt from 1 May 2011 onwards. 

b.  Aeroplane spares exempted from VAT.


Luxury Tax
Tax on Luxury as under:
Particulars
Tax  per cent
Tariff upto Rs 1000 (earlier exemption upto  Rs 750)
Nil
Tariff upto Rs 1500
4 per cent
Tariff exceeding Rs 1500
10 per cent


Exemption from Luxury tax for hotels in ‘B’ & ‘C’ zone under the Tourism Policy, 2006


Profession Tax
The basic salary exemption limit for liability under Profession Tax Act increased from Rs 5000 to Rs 7500

Stamp Duty:
Maximum Stamp duty payable on instruments executed relating to deposit of tittle deeds, pawn, pledge or hypothecation shall be Rs 10 lacs.
Please note that these amendments are based on the Budget Highlights (formal Notifications/Circulars are awaited).

CA NISHANT MUNDADA