Refund of Unutilised Input Tax Credit for Zero-Rated Supplies

Refund of Unutilised Input Tax Credit for Zero-Rated Supplies | Documents Required and How is Refund Amount Calculated?

Refund of Unutilised Input Tax Credit for Zero-Rated Supplies: The GST Law provides multiple options to the zero-rated suppliers to claim a refund of taxes paid on the input side. One of the options is to export under bond or LUT and claim a refund of unutilised ITC. This article discusses zero-rated supplies, the conditions, requirements, and other important factors about such supplies that one needs to know and consider before filing for a refund of the unutilised input tax credit or ITC of zero-rated supplies.

Introduction to Input Tax Credit (ITC) Under GST

Input tax credit or ITC means that one can reduce the tax they have already paid on inputs while paying tax on output. Input tax credit concerning GST of a registered person is the CGST, SGST/UTGST, or IGST charged on any supply of goods or services or both made to him. It includes IGST charged on imports & tax payable under the reverse charge mechanism.

Suppose you are a manufacturer, supplier, agent, e-commerce operator, aggregator or any of the persons mentioned, registered under GST. Accordingly, you will be eligible to claim Input Credit for the tax paid by you on your purchases.

As GST is a single tax levied all over India (right from the manufacture of goods/ services till it reaches the end customer), the chain does not break, and everybody can benefit from the same, and there is a seamless flow of credit.

Introduction to Zero-Rated Supplies

Zero-rating means that the entire value chain, which is the input and output of the supply, is exempt from tax.

According to the GST Law, exports are meant to be zero-rated. The zero-rating principle is applied for exports and supplies to SEZ. The provisions are mentioned in Section 16(1) of the IGST Act, 2017, which states that “zero rated supply” means any of the following supplies of goods or services or both, which are –

  1. Export of both goods and services or any one of the two; or
  2. The supply of goods and services or any one of the two to a Special Economic Zone unit or a Special Economic Zone developer.

Note: All supplies need not be zero-rated.

Refund of ITC Applicable for Zero-Rated Supplies

The application filed for the refund of unutilised ITC on account of zero-rated supplies (with or without payment of tax under a bond or letter of undertaking) has to be accompanied by documentary evidence as may be prescribed to establish that refunds due to the applicant; and associated documentary or other evidence (including the documents mentioned in section 33 of the CGST Act, 2017) as the applicant may provide with to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid concerning the refund claimed was collected from, or even paid by, him and the incidence of the tax and interest was not passed or given to any other person. The spirit of zero-rating is to make Indian goods and services competitive in the international market by ensuring that taxes do not get added to the cost of exports or export duties.

The purpose of zero-rating of exports and supplies to SEZ is sought to be achieved through the provision contained in Section 16(3) of the IGST Act, 2017, which mandates that a registered person making a zero-rated supply is eligible to claim a refund by the provisions as per section 54, CGST Act 2017, under any of the following options –

  • He may supply goods and services or any one of the two under the letter of undertaking or a bond, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax (IGST) and claim a refund of the unutilised ITC of CGST (central tax), SGST (state tax) / UTGST (Union territory tax) and IGST (integrated tax); or
  • He may supply goods and services or any one of the two, subject to such conditions, safeguards and procedure as may be prescribed, on payment of IGST and claim a refund of such tax paid on goods and services or any of the two supplied.

Conditions for Claiming Refund of the Unutilised Input Tax Credit

As per section 54 of the Central Goods and Service Tax (CGST), 2017, the conditions required for claiming the refund for the unutilised input tax credit or ITC are discussed below.

Time Period

The refund application has to be made within two years from the relevant date.

What is a Relevant Date?

The Relevant Date, as explained under section 54 of the CGST Act, is summarised as follows –

  1. If the goods get exported out of India where a refund of the tax paid is available regarding the goods themselves or for the inputs or input services used in those goods –
    1. if the goods are exported by land or road, the date on which the goods cross the border; or
    2. if the goods are exported by air or sea, the date on which the aircraft or the ship loaded with the goods leaves India; or
    3. if the goods are exported by the postal system, the date on which the goods are send-off by the post office concerned to a place outside India;
  2. If the supply of goods is regarded as deemed exports where a refund of tax paid is available concerning the goods, the date on which the return relating to such deemed exports is furnished;
  3. If the services exported out of India where a refund of tax paid is available in respect of services themselves or if the inputs or input services used for the services, the date of –
    1. receipt of payment in changeable foreign exchange (or in INR wherever permitted by the Reserve Bank of India), where the supply of services had been completed before the receipt of the payment; or
    2. issue of invoice, where the payment for the services was received in advance before the issue date of the invoice;
  4. In the circumstances where the tax becomes refundable as a consequence of judgment, order, decree or direction of the appellate tribunal, appellate authority or any other court, the date of hearing of such judgment, order, decree or direction;
  5. In the case of a refund of the unutilised ITC as per clause (ii) of the first proviso to sub-section (3), the due date for furnishing of return as per section 39 for the period in which the claim for the refund arises;
  6. In the case where tax is paid under the provisions of the Act or the rules made thereunder, the date of adjustment of tax after the final assessment is taken;
  7. For a person, except for the supplier, the date of receipt of goods or services or both by the person; and
  8. The date of payment of tax on any other occasion.

Exceptions for the Refund

There shall be no refund of any unutilised ITC allowed under the following cases –

  1. If the unutilised ITC is for GST paid on goods exported out of India, which are liable to excise duty.
  2. If the supplier of goods has already availed duty drawback on the excise duty paid or claims the refund on the integrated tax paid on such supply.
  3. No refund for closing stocks.

Documents Required as Evidence

As mentioned in rule 89(2), to fill the application under the sub-rule (1) of 89 of the CGST Act 2017, one must provide with any of the following documentary evidence as applicable to prove that a refund is due to the person applying for the same –

  1. A copy of the order and the reference number of the order passed by the appropriate officer or an appellate tribunal or authority or any other court resulting in such refund or reference number of the payment of the amount as mentioned in section 107(6) and 112(8) claimed as refund.
  2. A statement containing the date and number of shipping bills or export bills and the date and number of the appropriate export invoices if the refund concerns the export of goods.
  3. A statement containing the date and number of invoices and the relevant Bank Realisation Certificates (BRC) or Foreign Inward Remittance Certificates (FIRC), if in a case where the refund is regarding the export of services.
  4. A statement mentioning the number and date of invoices, the evidence concerning the endorsement as specified in the second proviso to sub-rule (1) and the details of payment, along with the proof of the same, made by the recipient to the supplier for authorised operations as defined in the Special Economic Zone (SEZ) Act of 2005, when the refund is on account of supply of services made to an SEZ unit or an SEZ developer.
  5. A statement containing the date and number of invoices as provided in rule 46 along with the evidence regarding the endorsement mentioned in the second proviso to sub-rule (1) for the supply of goods made to a Special Economic Zone unit or developer.
  6. A declaration mentioning that the SEZ unit or developer has not availed the ITC of the tax paid by the supplier of goods or services or both, in a case where the refund is on account of supply of goods or services made to an SEZ unit or an SEZ developer.
  7. A statement containing the date and number of invoices and similar evidence mentioned in this case where the refund is concerning deemed exports.
  8. A statement containing the date and number of the invoices received and issued during a tax period if the claim pertains to refund of any unutilised ITC under section 54(3) where the credit has accumulated owing to the rate of tax on the inputs being higher than the same on output supplies, other than nil-rated or fully exempt supplies.
  9. A statement mentioning the details of the transactions considered intra-state supply but afterwards held to be inter-state supply.
  10. A statement conveying the details of the claim amount regarding excess payment of tax.
  11. The reference number of the concluding assessment order and a copy of the said order if the refund arises on account of the finalisation of the provisional assessment.
  12. A declaration mentioning that the incidence of tax, interest or any other amount claimed as refund has not been passed or given to any other person, in a case where the refund amount claimed is not more than Rs. 2,00,000: But a declaration is not required to be provided for cases covered under clause (a)/(b)/(c)/(d)/(f) of section 54(8).A certificate as per FORM GST RFD-01 (Annexure 2) provided by a chartered or a cost accountant to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on
  13. to any other person in a case where the refund amount claimed is more than Rs. 2,00,000: But a certificate is not required to be provided for cases covered under clause (a)/(b)/(c)/(d)/(f) of section 54(8).

Refund on Provisional Basis

In some instances, on applying for a GST refund, the GST Officer grants Provisional Refund. There are some rules for Provisional Refund because the entire refund process takes a long time to complete. Therefore, a genuine claimant or exporter can face working capital shortfalls for the time being due to refunds getting delayed.

The refunds are then released temporarily to the extent of 90% before complete scrutiny of the application and associated records to solve this problem. Once the entire checking is done within the specified time limit, the final order for sanction or rejection (RFD-06 or RFD-08) replaces the provisional refund order (RFD-04). Consequently, the actual refund amount decided in the concluding order gets adjusted with the amount already refunded temporarily.

The Provisional Refund gets granted after the initial scrutiny of the application and documents by the Jurisdictional GST Officer. Provisional refund is applicable for Zero-rated Supplies, which include:

  • Export of goods or services or both.
  • Supplies made for SEZ units and developers.

In these cases, the GST officer grants the provisional refund to the extent of 90% of the refund claimed. The refund claimed will be excluding the amount of ITC that got adjusted, if any, on applying for the refund in RFD-01A/01. The issue of Form RFD-04 shall grant provisional Refund within seven days after giving the Acknowledgement in RFD-02. This Provisional Refund amount gets directly credited to the refund applicant’s bank account.

Note: The Provisional Refund is not granted if the applicant was prosecuted for the offence under any Indian law where the tax evaded is more than Rs. 2,50,00,000 anytime in the last five years preceding the tax period for which refund is claimed.

How is the Refund Amount Calculated?

The grant of refund in cases where the refund of accumulated Input Tax Credit (ITC) is of zero-rated supply is calculated as:

Refund Amount = (Turnover of zero-rated supply of services + Turnover of zero-rated supply of goods) x Net Input Tax Credit (ITC) ÷ The Total Adjusted Turnover

Where

  1. The Refund Amount is the maximum refund that is admissible.
  2. Net Input Tax Credit ITC is the input tax credit taken on inputs and input services during the relevant period, excluding the input tax credit taken for which refund is claimed under rule 89(4A) or 89(4B) or both.
  3. Turnover of zero-rated supply of goods is the value of zero-rated supply of goods made during the relevant period of time without payment of tax under a letter of undertaking or a bond, other than the turnover of supplies regarding which refund is claimed as mentioned in rule 89(4A) or rule 89(4B) or both.
  4. Turnover of zero-rated supply of services is the value of zero-rated supply of services made without payment of tax under a letter of undertaking or a bond, calculated as:
    1. Zero-rated supply of services is the total of the payments received during the relevant period for zero-rated supply of services and zero-rated supply of services where supply has been completed for which payment had been received in advance in any period before the relevant period lowered by advances received for the zero-rated supply of services for which the supply of services was not concluded during the applicable period.
  5. The Total Adjusted Turnover is the turnover in a State or a Union territory, as defined under clause (112) of section 2, which excludes –
    1. The value of all other exempt supplies other than the zero-rated supplies.
    2. The turnover of supplies regarding which refund is claimed during the relevant period as per rule 89(4A) or 89(4B) or both (if any).
  6. The Relevant Period is the period for which the claim is filed.

Steps to Follow for Filing Refund

Using the online GST Portal, the application for refund of unutilised input tax can be filed online by following the below steps.

Step 1: Open the GST Portal and login into your GST account.

Step 2: Navigate to Services, then go to Refunds followed by Application for Refund.

Step 3: Select the Refund of ITC option on Export of Goods & Services without Payment of Integrated Tax or on account of supplies made to SEZ unit/SEZ developer (without tax payment) as required.

Step 4: Select the relevant financial year and the month for which a refund is requested, and then click on Create button. A refund application can only be made once a proper GST return has been filed for that period.

Step 5: Enter the details relevant to the export of goods or services or both as required under Statement 3. You can upload the JSON file generated by your software or use the department’s offline utility.

Step 6: Enter these amounts in the form –

  • The turnover of the zero-rated supply of goods and services.
  • The total adjusted turnover.
  • The total input tax credit accessible for Cess.

The online system will automatically calculate the maximum amount of refund based on the figures entered and the net ITC available in the account.

Step 7: Enter the breakup for a refund requested under Integrated Tax, Central Tax, State/UT Tax & Cess.

Step 8: Select the bank account that is requested for the refund.

Step 9: Click on Proceed and submit your application using EVC or DSC.

Section 80TTB Deduction for Senior Citizens

Section 80TTB Deduction for Senior Citizens | Eligibility, Exemptions, Perks

Section 80TTB: In the year of Budget 2018, the officials have introduced the Income Tax Act of 1961. This section was introduced to help senior citizens to earn interest in fixed deposits without any deductions. However senior citizens will have to know all the information about Section 80TTB in the new tax regime, its eligibility, limitations and so on. Read on to find out more.


Eligibility To Claim Deductions Section 80TTB

Any individual who wishes to claim deductions under Section 80TTB will have to meet the following eligibility criteria:

  1. Senior Citizens who are 60+ years old
  2. Super Senior Citizens who are 80+ years old
  3. Senior and Super Senior citizens earning interest through a fixed deposit account, recurring deposit accounts and savings account.
  4. Senior and Super Senior citizens earning interest through post office deposits
  5. Interests earned through deposits held in a cooperative society involved in banking, such as a co-operative land mortgage bank or a co-operative land development bank by Senior and Super Senior citizens

Who Cannot Claim Deductions Through Section 80TTB?

The following people will not be eligible to claim the deductions under Section 80TTB:

  • Resident individuals or HUFs’ who don’t fall under the category of senior citizens
  • NRIs cannot claim the deductions under Section 80TTB
  • The interest earned on savings accounts owned by entities such as the Associate of Persons, a group of individuals or businesses.
  • Earnings generated through business fixed deposits, NCDs, or bonds shall not be eligible for Section 80TTB benefits.
  • If a senior citizen chooses the Alternative Tax Regime, which is governed by Section 115BAC, deductions under Section 80TTB will be unavailable beginning in AY 2021-22 cannot claim the deductions.

How Much Interest is Tax-Free for Seniors?

From the gross total income, a maximum deduction of less than Rs 50,000 can be exempted. However, if the senior citizen earns more than 50,000 as interest, he/she can claim a maximum of 50,000 as tax-free.

For Example:

If the interest earned on deposits is less than Rs. 50000, the entire interest earned is allowed as a deduction under this provision. Alternatively, if the amount of accrued interest exceeds Rs. 50000, companies can claim an Rs. 50000 deduction under Section 80TTB.

How To Avail Deductions Under Section 80TTB?

By simply filing the income tax returns, eligible entities can claim deductions under Section 80TTB of the Income Tax Act of 1961. However, they must first include the interest money earned from various bank accounts in their total income for the financial year.

When submitting an ITR online, make sure to include interest earnings under the “Income from Other Sources” header. Then, under Section 80TTB of the Income Tax Act, you can claim the appropriate deductions.

Advantages of Section 80TTB

Senior citizens already have a larger basic tax exemption level than normal taxpayers. Apart from this, this section 80TTB acts as a great help to them.

Also, the senior citizens’ health difficulties, both physical and mental, are frequently associated with old age, which has a significant financial impact. Thus appropriate tax breaks in the form of tax deductions have been made available to them with the help of Section TTB.

What is the Difference Between 80TTA and 80TTB?

Similar to Section 80TTB, Section 80TTA allows for deductions. However, it allows for interest deductions from the gross total income of an individual taxpayer or a Hindu undivided family up to Rs 10,000 on savings account kept in a bank, co-operative bank, or post office.

  1. Section 80TTA is available only for HUFs and Individuals other than senior citizens. Whereas 80TTB is exclusively only for senior citizens.
  2. One can claim only 10,000 as the deduction under 80TTA and under section 80TTB, one can claim up to 50,000.
  3. 80TTA is applicable only for interests earned through savings accounts whereas Section 80TTB is applicable for all kinds of fixed deposits.

Example of Section 80TTB Deduction for Senior Citizens

Let’s understand Section 80TTB with an example.

Mr. Kumar is a senior citizen who has accumulated interest from various sources of income, such as

  • Interest generated on savings = Rs 5,000
  • Accrued on fixed deposits = Rs 2,00,000
  • Income from other sources = Rs 1,50,000

Now the tax deductions which can be claimed by him as a senior citizen is explained in the table below:

Details Senior Citizens (Rs.) If Kumar was a Normal Taxpayers (Rs)
Interest on savings 5000 5000
Interest on fixed deposit 200000 200000
Earnings from other sources 150000 150000
Total earnings 3,55,000 3,55,000
Deductions under 80TTA (less) Not applicable 5000
Deductions under 80TTB (less) 50000 Not applicable
Taxable earnings 3,05,000 3,50,000
Taxation before 87A rebate 2500 5,000
Rebate available under section 87A 2500 2500
Amount of tax to be paid (inclusive of cess @4%) NIL 2600 (2600 + 4% Cess)

In this case, when compared to regular taxpayers, who must pay Rs. 2600 in tax, senior citizens have no tax liability. It should be noted that for the fiscal year 2020-2021, the Section 87A refund amount is restricted at Rs 12500 for total earnings of Rs 5 lakh. As a result, the computation discussed above is bound to vary when the same is factored in.

FAQ’s on Section 80TTB

Question 1.
What is Section 80TTB?

Answer:
A taxpayer who is a resident senior citizen, aged 60 or older at any time during a Financial Year (FY), can claim a specific amount as a deduction from his gross total income for that FY under Section 80TTB.

Question 2.
What are the benefits of Section 80TTB of the Income Tax Act?

Answer:
It gives senior citizens an additional benefit in the form of a deduction of INR 50000 on interest on FDs and other investments which cannot be claimed by HUFs and other individuals.

Question 3.
Can senior citizens claim deductions under section 80TTB for AY 2020-21?

Answer:
Yes, the senior citizen can claim the deduction under section 80TTB for FY 2019-20 and AY 2020-21.

Question 4.
Can senior citizens claim both 80TTA and 80TTB?

Answer:
No, the senior citizen can claim the deductions made under 80TTB only. Section 80TTA is not valid for senior citizens.

Deduction of Medical Insurance Section 80D

Deduction of Medical Insurance Section 80D | Examples, Difference and How To Calculate

Deduction of Medical Insurance Section 80D: Medical Emergencies mostly take us by surprise; hence it is always better to be equipped to battle them. Section 80D allows every Individual or HUF to claim a deduction from their total income. The deduction is available for both health insurances and purchase a policy covering a spouse or children of the deceased assessee.

Conditions for Claiming Deduction

  • Whether a resident or non-resident, the assessee should be an individual or HUF.
  • Payments are made for the assessee, their spouse, parents or any dependent children of their own in the case of an individual.
  • For any member in HUF, the payment made is out of the income chargeable to tax.
  • If no amount was paid for the health insurance of a very senior citizen, medical expense induced on their health is allowed only then.
  • Payment is allowed for
  • Medi-claim insurance premium
  • Contribution(s) made to the CGHS or other schemes that the Central government notifies.
  • For preventive health check-ups
  • Medical expenditure for very senior citizens

Calculating Deduction for Individual

Ø Payments for assessee or their family

  1. Medical Insurance
  2. Contributions to Health Scheme
  3. Preventive Health Check-up- Rs. 5,000
  4. Expenses for Very Senior Citizens- Rs. 30,000

Note: The aggregate of points (a), (b) and point (c) cannot exceed Rs. 25,000. An additional deduction of Rs. 5,000 is allowed for Medical Insurance Premium paid in the case of senior or very senior citizens. The total deduction cannot be more than Rs. 30,000 for (a) and (d).

Ø Payments for Parents

  1. Medical Insurance
  2. Preventive Health Check-up- Rs. 5,000
  3. Expenses for Very Senior Citizens- Rs. 30,000

Note: The aggregate of points (a) and point (b) cannot exceed Rs. 25,000. An additional deduction of Rs. 5,000 is allowed for Medical Insurance Premium paid in the case of senior or very senior citizens. The total deduction cannot be more than Rs. 30,000 for (a) and (c).

Calculating Deduction for HUF

  1. In case of Medical Insurance Premium- The maximum amount: Rs. 25,000.
  2. In case of Medical Expense for senior citizens- The maximum amount: Rs. 30,000.

Note: The aggregate of both (a) and (b) cannot exceed Rs. 30,000. An additional deduction of Rs. 5,000 is permitted for option (b).

Points To Remember

  • An assessee can take a medical insurance policy on behalf of their dependent children and make claims for tax deductions. If they are above 18 years and employed, then they cannot be covered.
  • Male children, if unemployed, can be covered up to the age of 25. But female children, if not employed, can be covered right up to her marriage.
  • If an assessee is paying any medical insurance premiums on behalf of their sister or brother, they are ineligible to claim tax deductions.
  • Kindly note that the premium amount can be claimed as a tax deduction only. This process should not include GST.
  • Senior citizen is an individual resident at the age of 60 or more during the previous year of their claim.
  • Very Senior Citizens are also individual residents living in India who are aged 80 years or above at any time through the relevant preceding year.

Examples

Suppose an individual of age 35 has paid their medical insurance premium of Rs. 27,000 for themself and also made medical expenses of Rs. 4,000 for their father of Age 81, because the maximum limit of deduction in the case of the medical insurance is Rs. 25,000, they will get a total deduction of Rs. 25,000 plus Rs. 4,000 that comes to Rs. 30,000.

Suppose an individual of age 35 has paid their medical insurance premium of Rs. 27,000 for themself and have also made medical expenses on Preventive Health Check-up of Rs. 3,000 for their wife, in cash. Since paying in cash is prohibited for deduction under 80D, the amount of Rs. 27,000 will not be allowed; however, in the case of Preventive health check-ups, Rs. 4,000 will be allowed.

A Stepwise guide on Filling the Deduction Amount in Income Tax Returns (ITR) for Section 80D

  • For Online Utility for ITR-1 or ITR-4: The first step is to go to the Tab Income Details and click on point B4 and then select the option and enter the amount eligible to be paid by you. Note that the maximum amount allowed will automatically be calculated.
  • For Offline Utility for ITR-1 or ITR-4: You will find in the sheet Income details on point 5(g), then select the option. After that, enter the eligible amount.
  • For Offline Utilities for ITR-2 and ITR: First, you need to open the sheet for VIA and fill in the deduction amount mentioned in 1(g), and you can do the same for ITR utilities.

Specifics in Form 12BB to Employer

The employee should produce Form 12BB to his employer(s). Based on this form, the employer will record deductions, and thus the TDS amount deducted will be lower.

Difference Between Medical Allowance of Section 10 and Medical Insurance of Section 80D

Any Medical insurance paid to any insurance company is permitted under section 80D. When medical allowance received is exempted up to Rs. 15,000, only then the amount is suffered as a medical expenditure. Such an allowance is exempted under section 10. Therefore, it cannot be claimed as a deduction if a person has medical insurance and has received compensation for medical expenses.

Capital Gain On Sale Of Equity Shares – LTCG & STCG

Capital Gain On Sale Of Equity Shares – LTCG & STCG

Capital Gain On Sale Of Equity Shares – LTCG & STCG: Any gain or profit arising from the transfer of shares (which is considered as an investment and not a business by the assessee) is liable to tax under the head of ‘Income from Capital Gains’.

Types Of Capital Gain

There are two categories of Capital gains on shares which are as follows:

  • Short Term Capital Gains
  • Long Term Capital Gains
Capital Assets Short-Term Capital Assets Long-Term Capital Assets
Listed Equity or Preference share, listed securities like debenture and Government securities, Units of Equity oriented mutual funds, Units of UTI and Zero-Coupon Bonds. When Assesse holds the shares or units or securities for a period of not more than 12 months immediately preceding the date of transfer. When Assesse holds the shares or units or securities for a period of more than 12 months immediately preceding the date of transfer.
Shares of an unlisted company When Assesse holds the shares for a period of 24 months or less immediately preceding the date of transfer. (Effective from AY 2017-18) When Assesse holds the shares for a period of more than 24 months immediately preceding the date of transfer. (Effective from AY 2017-18)

 Taxability Of Capital Gain

Capital gain from the sale of long-term equity shares listed in a recognized stock exchange (Effective up to Assessment year 2018-19): As per Section 10(38), any gain or profit arising out of transfer of long term capital asset, being a unit of an equity-oriented fund or equity share or unit of a business trust, is not liable to be taxed in the hands of the person while the following conditions are satisfied:

  • The transfer of such unit of equity oriented fund or equity share or unit of business trust should have taken place on or after October 1, 2004.
  • Such transactions are taxed under Securities Transaction Tax (STT)*

The exemption shall be available under 10(38) from Assessment year 2017-18 even while the STT is not paid provided that:

  • such transaction is undertaken on a Recognized Stock Exchange which is located in any International Financial Services Centre and;
  • Where the consideration for such transaction is payable or paid in foreign currency.

*Note: – With effect from Assessment year 2018-19, the exemption under section 10(38) shall not apply to any income arising from the transfer of a long-term capital asset, being an equity share in a company, if the acquisition transaction, other than the acquisition notified by the Central Government in this behalf, of such equity share is entered into on or after the 1st day of October 2004 and such transaction is not to be charged to the securities transaction tax.

As per Notification No. 43/2017 issued by the Government on June 5, 2017, which is effective from Assessment year 2018-19, Central Government has defined such transactions on which Securities Transaction Tax is not paid on acquisition but still, they are eligible for exemption under section 10(38). The above notification specifically covers genuine cases like Initial Public Offer (IPO), Further Public Offer (FPO), Employee Stock Option Scheme (ESOP), Right Issue, Bonus Issue etc.

Specific Exclusion – STT is not paid on Acquisition, so the exemption is not available under section 10(38) Specific Inclusion – STT is not paid on Acquisition even when the exemption is available under section 10(38)
Where the acquisition of existing listed equity shares of a company whose equity shares are not often traded in a recognized stock exchange is made through a preferential issue: Listed equity shares purchased in a company that has been approved by the Supreme Court, High Court, Securities and Exchange Board Of India, National Company Law Tribunal and Reserve Bank of India.

Listed equity shares purchased in a company by a venture capital fund as referred in clause 23FB of Section 10 of Income Tax Act or by an investment fund as referred in clause (a) of Explanation 1 to Section 115UB of the Income Tax Act or by a Qualified Institutional Buyer.

Listed equity shares purchased in a company by any non-resident individuals in accordance with the foreign direct investment guidelines issued by the Government of India.

Listed equity shares purchased in a company through a preferential issue where there is no applicability of provisions of Chapter VII of the Securities and Exchange Board of India Regulations, 2009.

Where acquisition transactions of existing listed equity shares in a company are not entered through a recognized stock exchange of India. Such listed equity shares purchased in a company in accordance with the provisions of the Securities Contracts Act, 1956, if applicable;

Shares purchased by scheduled banks, public financial institutions, or securitization or reconstruction companies.

Purchase through the issue of shares by a company other than the issue referred.

Listed equity shares purchased in a company that has been approved by the Supreme Court, High Court, Securities and Exchange Board Of India, National Company Law Tribunal and Reserve Bank of India.

Acquisition under Employee Stock Purchase Scheme or Employee Stock Option Scheme under the Securities and Exchange Board of India Guidelines, 1999.

Listed equity shares purchased in a company by any non-resident individuals in accordance with the foreign direct investment guidelines issued by the Government of India.

Purchase of shares of a company is made following Securities and Exchange Board of India Regulation, 2011.

Listed equity shares purchased in a company by a venture capital fund as referred in clause 23FB of Section 10 of Income Tax Act or by an investment fund as referred in clause (a) of Explanation 1 to Section 115UB of the Income Tax Act or by a Qualified Institutional Buyer.

Purchase of shares from the Government

Acquisition of shares by mode of transfer as referred in sections 47 or 50B of the Income-tax Act, if the previous owner of such shares has not acquired them by any mode as referred in clause (a) or clause (b) or clause (c) [other than the transactions as referred in the provisions of clause (a) or clause (b)].

Acquisition of equity shares of a company during the period beginning from the date on which the company has been delisted from a recognized stock exchange and the ending date immediately preceding the date on which the company has been listed again on a recognized stock exchange in accordance with the Securities contracts Act 1956, and following the rules in the Securities and Exchange Board of India Act, 1992.

Note: The long-term capital gain is exempted from tax. As a result, the long-term capital loss does not have tax treatment, and such long-term capital loss cannot be carried forward to next year, nor can it be set off with any other income.

In other cases that are not covered under Section 10(38), i.e. STT is not paid on the listed shares, the amount of long-term capital gain is liable to tax under Section 112. As per Section 112, the assessee has the following two options: –

  • Avail the benefit of indexation and the capital gains so calculated will be liable to tax at a standard tax rate of 20%.
  • Do not avail the benefit of indexation and the capital gain so calculated is liable to tax at the tax rate of 10%.

The option is to be selected by calculating the tax liability following both the possibilities, and the option with the lowest tax liability is to be chosen.

Note: There will be no deduction available under Chapter – VIA, and Section 88 shall be available from the gains tax under Section 112. However, in the case of an Undivided Hindu family or an individual, being a resident, where the total amount of income is reduced by such long-term capital gains is below the maximum amount which is not liable for income tax, then, such long-term capital gains shall be reduced by the amount by which the total amount of income is reduced falls short of the maximum amount which is not liable for income tax and the tax on the balance of such long-term capital gains shall be calculated at the rate of 20%. If the capital gain is taxable with the indexation limit, then the primary exemption limit benefits are available.

Long-term capital gain from the sale of equity shares that are listed in a recognized stock exchange (Effective from Assessment year 2019-20): The exemption under section 10(38) for long-term capital gain that arises from the transfer of equity shares has been withdrawn by the Finance Act, 2018, with effect from Assessment year 2019-20 and a new Section 112A is introduced.

As Section 112A, it states that any long-term capital gain arising out of transfer of a unit of an equity-oriented fund, the long-term capital asset, which is an equity share in a company or a unit of a business trust, is liable for tax at the rate of 10% of such long-term capital gain exceeding ₹100,000. This concessional rate of 10% on long-term capital gain is applicable if:

  • in such cases where an equity share in a company, securities transaction tax has been paid on both transfer and acquisition of such capital asset; and
  • in the case of a unit of an equity oriented fund or a unit of a business trust, securities transaction tax has been paid on the transfer of such capital asset

Note: The Government has invited comments on the Draft Notification for Section 112A to include only the genuine transactions on which STT is not required to be paid on transfer or acquisition. As compiled, the draft notification is more or less similar to Notification no. 43/2017 related to Section 10(38).

Computation of Acquisition Cost in Exceptional Cases

  • The acquisitions cost of a listed equity share acquired by the taxpayer before February 1, 2018, shall be considered to be the higher of the following:
  • The actual acquisition cost of such asset; or

Lower of the following:

  • The Fair market value of such listed equity shares as of January 31, 2018; or
  • Actual sales consideration accruing on its transfer.

Note: The Fair market value of such listed equity share means the highest price quoted on a recognized stock exchange as of January 31, 2018. However, suppose there is no trading in such shares on January 31, 2018. In that case, the highest price of such equity share on a date immediately preceding January 31, 2018, on which trading has happened in that equity share shall be considered its fair market value.

  • In the case of units that are not listed on a recognized stock exchange, the net asset value of such units as of January 31, 2018, shall be deemed to be its fair market value.
  • In such cases where the capital asset is an equity share in a company that is not listed on a recognized stock exchange as of January 31, 2018, but listed on the date of transfer, the cost of unlisted shares has increased due to cost inflation index for the financial year 2017-18 shall be considered to be its fair market value.

Note: There shall be no deduction under Chapter – VIA, and Section 87A shall be available. However, in the case of an undivided Hindu family or an individual, being a resident, where the total amount of income is reduced by such long-term capital gains is below the maximum amount which is not liable for income tax, then, such long-term capital gains under section 112 shall be reduced by the amount by which the total amount of income is reduced falls short of the maximum amount which is not liable for income tax.

In other cases that are not covered under Section 10(38), i.e. STT is not paid on the listed shares, the amount of long-term capital gain is liable to tax under Section 112. As per Section 112, the assessee has the following two options: –

  • Avail the benefit of indexation, and the capital gains so calculated will be liable to tax at a standard tax rate of 20%.
  • Do not avail the benefit of indexation and the capital gain so calculated is liable to tax at the tax rate of 10%.

The option is to be selected by calculating the tax liability following both the possibilities, and the option with the lowest tax liability is to be chosen.

Note: There will be no deduction available under Chapter – VIA, and Section 88 shall be available from the gains tax under Section 112. However, in the case of an undivided Hindu family or an individual, being a resident, where the total amount of income is reduced by such long-term capital gains is below the maximum amount which is not liable for income tax, then, such long-term capital gains shall be reduced by the amount by which the total amount of income is reduced falls short of the maximum amount which is not liable for income tax and the tax on the balance of such long-term capital gains shall be calculated at the rate of 20%. If the capital gain is taxable with the indexation limit, then the primary exemption limit benefits are available.

Long-term capital gain on the sale of unlisted equity shares: Under Section 112, any long-term capital gain on unlisted equity shares is liable to tax. It is almost similar to the taxability of listed shares on which STT is not paid. Except, in this case, the assessee does not have an option to pay tax at the rate of 10% without taking the indexation benefit.

Note: The period of holding of unlisted shares should be 24 months to be considered as a long-term asset.

Short-term capital gain on the sale of listed equity shares in recognized stock exchange: As per Section 111(A), any gain arising on transfer of a short-term capital asset, being a unit of an equity-oriented fund or an equity share or unit of a business trust, shall be taxable in the hands of the person at the tax rate of 15% if the following conditions are satisfied:

  • such transactions are chargeable to securities transaction tax (STT)*
  • The transfer of such listed equity shares should have taken place on or after October 1, 2004.

The benefit under Section 111(A) shall be effective from Assessment year 2017-18 even if the STT is not paid provided that:

  • the transaction took place on a recognized stock exchange located in any International Financial Services Centre and
  • Where the consideration of such transaction is payable or paid in foreign currency.

Note: There shall be no deduction under Chapter – VIA and Section 88 shall be available from the short-term gains tax under Section 111(A). However, in the case of an undivided Hindu family or an individual, being a resident, where the total amount of income is reduced by such long-term capital gains is below the maximum amount which is not liable for income tax, then, such long-term capital gains shall be reduced by the amount by which the total amount of income is reduced falls short of the maximum amount which is not liable for income tax and the tax on the balance of such short-term capital gains shall be calculated at the rate of 15%.

Short-term capital gain on the sale of unlisted equity shares: As per Section 48 of the Income Tax Act, any short-term capital gain is liable to tax at the applicable slab of the shareholder’s tax rate. If the individual is falling in the 5% tax bracket, then the capital gain would be taxed at the rate of 5%, or if the tax bracket is 20% or 30%, then the applicable tax rate would be 20% or 30%.

Penalty on Late Filing of Income Tax Return – Section 234F

Penalty on Late Filing of Income Tax Return – Section 234F

Penalty on Late Filing of Income Tax Return – Section 234F: According to section 234F of the Income Tax Act, if a person is obliged by law to income tax returns filing (ITR forms) as per the regulations of the Income Tax Law but ultimately fails to do so within the permitted time limit, they must incur late penalties while submitting his ITR form.

The overall amount of fees will be calculated by filing the return and the taxable income.

What is the Overall Sum of Late Fees Accumulated?

The assessment for fines and penalties will commence on July 31 of the relevant assessment year. As a consequence, the worse you postpone, the more you must pay.

  • If the total income surpasses Rs. 5 lakh and the return is submitted beyond January 10, 2021, for the budgetary year 2020-21, the financial penalty is Rs. 10,000/-.
  • If the total revenue is up to Rs. 5 lakh and the return is completed after January 10 2021, for the monetary year 2020-21, the fee is Rs. 1,000/-.

Interest Payment

If you neglect to file your income tax returns on or before the specified deadline, you will be obliged to pay a rate of interest of 1% each monthly, or portion of a month, on the level of tax that remains outstanding according to Section 234A.

It is vital to consider that an ITR cannot be submitted if the obligations have not been completed.

Losses Cannot be Carried Forward

If you experienced severe losses or capital gains throughout the year, you should make entirely sure you submit the return well before the deadline date.

If you’re not doing so, you will be extremely disappointed in your capacity to move forward the same liabilities to subsequent seasons regarding revenue.

Refunds are Being Issued Slowly

If you are entitled to receive a refund from the government for extra taxes paid, you should therefore submit your returns before the time limit to receive the refund as quickly as practical.

 

Best Income Tax Software for CA

Best Income Tax Software for CA | Top 5 Tax Software In India For Free

Best Income Tax Software for CA: Companies and individuals use income tax software to prepare profit and loss statements and income files for the company and individual tax returns. The income tax software handles all compliance issues. Also using the income tax software will help CAs or individuals to calculate the taxes on a real-time basis and file the income tax returns in less time. One of the advantages of using income tax software is that it notifies if any information is updated wrongly in the tool.

With a handful of Income Tax Softwares available online, one will have to carefully choose the software on which Chattered Accountants can rely. Thus to help you with that, on this page we have provided a hand-picked list of India’s Best Income Tax Software along with the features. Read on to find more.

Top 5 Income Tax Software in India for CA

  1. Clear Tax
  2. Extax
  3. CompuTax Software
  4. H&R Block
  5. Saral Tax Office

The top 5 income tax software in India along with the features are discussed below:

Clear Tax

ClearTax is software that assists you in keeping track of your tax and company reporting requirements. It is one of the top income tax software in India, and it includes a GST solution (Goods and Services Tax). This software product’s service allows you to save money on taxes by using various investment tactics.

Features or Clear Tax

  • In just a few minutes, you may e-file your tax returns.
  • This programme automatically adjusts the advance tax paid.
  • You can save time by e-filing your income tax return.
  • You can file for up to three people from the same account.
  • Cleartax chooses the appropriate ITR form for you.

Website Link: Click Here

Extax

Eztax is an online platform that assists businesses and individuals with tax planning, preparation, and savings. It simplifies the process of filing income tax returns. Both a mobile app and a web browser are available for this programme.

Features of Extax

  • You can take a picture of your Form-16 and upload it.
  • It reads Form-16 in image or PDF format automatically.
  • Eztax reduces your income tax by optimising your salary, capital gains, property, and other factors.
  • It includes a detailed Salary Survey.
  • A secure document manager is included in this income tax filing software solution.
  • It contains a tax optimizer to help you get the most out of your investment.
  • It assists you in obtaining the highest GST credit.
Price – Rs. 30 per filing
Website Link – Click Here

CompuTax Software

CompuTax is a popular software among Chartered Accountants since it simplifies the process of preparing and filing tax returns. CompuTax can also assist you to generate Balance Sheets and Profit & Loss Accounts in accordance with new Schedule VI, as well as numerous audit reports.

Features of CompuTax

  • PAN verification is simple since all data, such as PAN, TAN, NSC information, MAT credits, and so on, is automatically transferred.
  • TDS returns can be filed with little effort because all data connected to TDS returns is transferred, including advance tax, TCS, self-assessment tax from 26 AS, and so on.
  • It will handle deductions, set off losses, clubbing, carry forward losses, and so on, in addition to tax computation.

You could say it’s a comprehensive solution for Chartered Accountants, allowing them to automate their processes and reduce manual work.

Price – Rs. 4500 per year
Website Link – Click Here

H&R Block

H&R Block is an online tax preparation service. Experts provide the service, ensuring optimal tax savings. You can use this company’s services to acquire a consultation for the previous year.

Features of H&R Block:

  • It protects your papers with 128-bit SSL encryption.
  • H&R Block makes it simple to deal with tax complexities.
  • It allows customers to save time by allowing them to e-file their tax returns.
  • Users will be able to seek help with their tax returns after they have completed them.
  • It is one of the top online tax filing services in India because it provides real-time tax calculations.

Website Link: Click Here

Saral Tax Office

Saral tax office software will fully automate the process of preparing returns and calculating taxes. It also has the option of submitting an ITR. It can be said that it will automate all tax-related tasks, reducing manual labour to a bare minimum.

Features of Saral Tax Office:

  • Calculation of all types of exemptions from perquisites
  • Taxation calculation
  • Calculation of all types of exemptions and allowances
  • Depreciation calculation
  • NSC interest calculation
  • Calculating capital gains using indexation, STT, and other factors
  • Calculation of special rate taxes and rebates
  • Calculation of gratuity, arrears, and relief, among other things
  • Presumptive incomes, partnership earnings, and a slew of other options are available.

Website Link: Click Here

FAQ’s on Best Income Tax Software for CA

Question 1.
Which software is used by CA?

Answer:
Apart from the above mentioned IT software for CAs, one of the software which is widely used is Tally. Tally is an accounting programme that is widely used. Getting a good handle on it will be quite beneficial to CA professionals.

Question 2.
Which is the best income tax software in India?

Answer:
According to the sources, the best income tax return software for chartered accountants has been awarded to income tax return software – “Winman”.

Question 3.
Do I need a CA to file ITR?

Answer:
It is not required to have your returns prepared by a CA or agency. If you understand all of the basic regulations and processes, you can submit all of your tax returns on your own.

Process of Registration Under GST

Process of Registration Under GST | Eligibility, Categories, Benefits, Documents and Procedure

Process of Registration Under GST: Through registration under the GST, a person who pays tax can register themselves under the GST if they are running a business. After they have successfully registered, they will receive a unique registration number. The number is unique to all taxpayers, and it is called the Goods and Services Tax Identification Number of GSTIN. The number is a 15 digit long number that the central government assigns to all taxpayers after obtaining their registration.

The Constitution of India, under Section 279A, formed the GST council. The Union finance minister, the union minister of state revenue, and the union minister of tax and finance are the group of people who form the GST council. All the respective laws and regulations that apply to GST registration for a business will be on their respective central and state websites. The law came into being on 1st July 2017 to remove all other forms of indirect taxation in the country. GST applies to all records of services and products that have been manufactured and produced in our country. It also applies to the freelancers according to the new labour law amendments.

Since GST came into being, all other forms of taxes, such as value-added tax, entertainment tax, sales tax, etc., are combined under Goods and Services tax. There is a specific percent of the amount that people charge under the GST for every step in the supply chain. Since GST registration is online, businesses would not have to go offline to make their registration under the GST.

If a person or a business operates from more than one state, they will have to get a separate registration for each operating state. We can understand if every company has to register under the GST by understanding the GST registration procedure in detail.

Who is Eligible to Register under the GST?

Suppose a person’s business supplying goods has a turnover of Rs. Forty lakhs or more in a financial year have to register as an individual taxable person. Though the threshold limit for people with businesses in the north-eastern states such as Jammu and Kashmir, Himachal Pradesh, and Uttarakhand is Rs. 10 lakhs, the turnover limit is of Rs. 20 lakh for individual category states and Rs. 10 lakh for service providers.

Certain businesses have to mandatorily register under the GST irrespective of their turnover if they belong to any of the following categories.

  1. Input service distributor or ISD and Casual taxable person
  2. Non-resident taxable person
  3. Interstate goods and services supplier
  4. Goods supplier through an eCommerce portal or online portal
  5. Any category of the service provider
  6. Obligation to pay tax under the reverse charge mechanism
  7. Online data access and retrieval service provider
  8. TDS or TCS deductor

What are the Documents People Require to Register Under the GST?

People who have to register under the GST need to have the following documents.

  1. Permanent Account Number or PAN of the applicant
  2. Proof of business registration or incorporation certificate
  3. Copy of Aadhaar card
  4. Address proof and identity of promoters and director with their recent photographs
  5. Authorisation letter or a board resolution for authorised signatory
  6. Bank account statement or cancelled cheque for proof
  7. Digital signature

Categories of GST Registration

There are various categories of taxpayers according to their GST registration and their jobs. Here are the types of GST registrations below.

Normal Taxpayers: Normal taxpayers are the majority of businesses in India. These are the businesses whose turnover is more the Rs. Forty lakhs in one financial year. They have to register as an average taxable person. But, if the threshold limit is less than that according to their residential states, they have to register if their turnover is more than Rs. 10 lakhs.

Casual Taxable Person: If people have occasional or seasonal businesses, they can register their business under the GST for casual taxable persons. They can make a deposit that is equal to their GST liability for the occasional business operations. The tenure for them is three months, but they can apply for extensions and renewals for their businesses.

Non-residential Taxable Person: People who live outside India but occasionally supply their goods or services as agents or in other capacities to the Indian residents have to file for their business registration under this category. They need to pay a deposit equal to the standard GST liability during their GST active tenure. The typical term for such people is three months, but they can also extend or renew their registrations if they want.

Composition Registration: Suppose a business has an annual turnover of up to Rs. One crore, then they have to register under the Composition scheme. Companies have to pay a fixed amount of GST in this category regardless of their actual turnover amount.

Procedure for GST Registration

Obtaining a GST registration is easy and free. People can do it online at the comfort of their homes through the official GST portal. A taxpayer who has to register for the normal registration can visit their site and fill up form GST REG 1.

Part A

  1. Step 1: Visit the GST portal.
  2. Step 2: Click on the registration option under the services tab and then click on new registration, i.e., Services> Registration> New registration.
  3. Step 3: The application form has two parts- part A and part B. According to the type of taxpayer from the ‘I am a’ drop-down list, people have to select the’ taxpayer’ option.
  4. Step 4: Now, they have to select the state and district to which they belong to and want a registration from the ‘State/ UT and District’ drop-down list.
  5. Step 5: They can enter the Legal Name of the Business in the field with the same title and enter the entity’s name according to the PAN database documents.
  6. Step 6: They can input the PAN of the business or the PAN of the proprietor in the Permanent Account Number field.
  7. Step 7: Next comes the email address field. They have to mention a functional email address of the primary authorised signatory.
  8. Step 8: They have to input their valid mobile number if they are the primary authorised signatory.
  9. Step 9: They have to enter the captcha and proceed to click on the ‘proceed’ button.
  10. Step 10: Once they have completed all the above steps, they will move on to part B of the form. Here, they will receive an OTP and after inputting it, they will become verified, and their information will be saved so far. They will then receive a temporary reference number or TRN that they will receive in their registered email address and their mobile number.

Part B

  1. Step 1: Click on services> Registration> New registration and then select the temporary reference number or TRN button to log into the site using the number.
  2. Step 2: You have to enter the TRN you generated in the TRN field and type the captcha text you can see on the screen. After that, click on ‘proceed.’ TRN is a temporary reference number and it will not be the same after completing the process. But people need it for the next steps of registration. It is important to note it carefully.
  3. Step 3: Enter the OTP you got on your mobile and email and input it on the verify OTP page and click on the ‘proceed’ button.
  4. Step 4: You will be able to see the ‘My Saved Application Page,’ and you can click the action column and select the edit button.
  5. Step 5: Now, you have to go to the top of the page and click on the registration application form with ten tabs opened. Then click on each of these tabs and enter the details such as business details, partner detail, authorised signatory, principal and additional places of business, goods and services details, state information, verification, and Aadhaar card authentication.
  6. Step 6: Click on ‘save and continue,’ and then your application will get submitted. You have to sign it digitally using a DSC and then click to proceed.
  7. Step 7: Finally, after submission, you will get an Application Reference Number or ARN in your email or phone number, and you can confirm your registration.

What is the Penalty for not Filing Under GST?

If a taxable business does not register under the GST mandatorily, then they will have to pay a penalty of 10% of the tax amount, which can be up to Rs. 10,000. Therefore, all businesses have to register under the GST mandatorily if they fall under the following categories.

  1. Businesses that supply goods with a turnover of over Rs. 40 lakh in one financial year must register under the GST. If they belong to J and K, Himachal Pradesh, and Uttarakhand states, the turnover limit is Rs. 10 lakh.
  2. Service providers with a turnover of Rs. 20 lakh in a financial year and Rs. 10 lakh for the special states
  3. Causal table people or input service distributors or ISD: Every causal taxable person has to go for the process of GST registration.
  4. Non-resident taxable people: People who are not Indians also have to register for GST if they trade their goods or services to the people of India.
  5. Inter-state goods and service supplier
  6. E-commerce portal supplier of goods: All eCommerce aggregator has to consider the registration of GST are a mandatory document. If such an eCommerce entity does not produce a turnover of more than Rs. 20 lakh in one financial year, then they do not have to make such a registration compulsorily.
  7. Any other service provider
  8. Liable to pay tax under the reverse charge mechanism: Any e-commerce entity has to apply for the GST registration but any business whose turnover is less than Rs. 20 lakh per financial year does not have to register under the GST.
  9. TCS or TDS deductor
  10. Online data access or retrieval service provider: Companies that provide database access or any form of streaming system to a person residing in India have to register to GST as per the requirements.

Furthermore, if a business operates in two different states, they will have to obtain separate registrations for each state of their functioning. A person can also apply for multiple registrations within a state if require. Still, the government has removed the procedure of allocating numerous registrations for different businesses to operate efficiently. Usually, a company can get multiple registrations for GST under a state if they have separate business verticals and different products from one another.

The CBIC has issued a notification stating that if a business entity does not file for the GST return, then they have to face strict penalties. The defaulter will have their back accounts attached. Furthermore, they will have to pay Rs. 100 per day of non-compliance according to CGST and SGST. Any delay will lead to Rs. 200 fine according to Section 122 of the CGST Act for non-compliance. Other strict penalties can also apply according to their situation.

Benefits of Registering Under the GST

There are multiple benefits of registering under the GST, which are applicable for regular registered businesses such as the following.

  1. Operate business without restrictions in various states.
  2. Can avail of input tax credit
  3. The benefits for composition dealers if they register under the GST are as follows.
  4. Lower impact on working capital
  5. Limited compliance as compared to other categories of taxpayers
  6. The benefits for businesses that have voluntarily opted in for GST registration are as follows.
  7. Operate business without restrictions in various states
  8. Can avail of the input tax credit
  9. Competitive advantages in comparison to other businesses.

On the other hand, businesses registered with the GST can avail of other benefits as well. They will get recognised as an official business entity in the eyes of the law. The public and the consumers can also recognise them as a legal business. They will get appropriate accounting cycles, other governmental incentives, lower tax rates, double taxation, reliefs and exemptions from double taxations, e-way bills, and much more. It is best for business owners to register themselves under the GST.

What is ITC under the GST Regime?

ITC or input tax credit can allow a business person to pay less on taxes on their inputs of a specific amount of products. They will get benefits since they will have to pay reduced tax liabilities on the products.

Therefore when a business usually buys some form of product, they would have to pay a specific amount of tax when they receive the product from the seller who has a GST registration. When the business pays the fixed amount of tax, they can add the same to the taxes they spent at the time of purchase. Hence, ITC allows the registered business to consider adjustments on taxes.

Tax Rates for GST Registration

The government has brought out various tax rates for the GST registration. They can change according to the requirements of the government. But here is the complete list of the GST tax rates that the government can levy as follows.

  1. Bare Necessities: The government does not levy any tax or GST for basic necessities and amenities.
  2. Household Necessities and drugs: People have to pay a 5% tax on basic household necessities and medicines.
  3. Computer products and processed foods: The government levies a rate of 12% from such products.
  4. Hair oil, raw materials, capital goods, and other forms of industrial products: On such items, people have to pay an 18% tax on consumer goods and capital goods. These are required for various industrial processing.
  5. Luxury items: It has the highest rate of tax. People have to pay a 28% tax for luxury goods. These can be cars and other products that fall under this category.
Minimum Alternative Tax

Minimum Alternative Tax (MAT) | Object, Calcualtion and Companies on which MAT is Applicable

Minimum Alternative Tax (MAT): MAT, which implies Minimum Alternative Tax. The Finance Act, 1987 of India, introduced MAT with influence from Assessment Year 1998-99. The Finance Act, 1990 withdrew it, but later on, it got reintroduced by Finance Act, 1996, with effect from 01st April 1997. At present, the MAT is relevant only to companies as per the requirement of Section 115JB.

The Object Of Levying MAT

In several circumstances, it may occur that the companies have created substantial income throughout the year. Still, at the same time, they also relish the benefit of various deductions, depreciation, exemptions, etc., on the income produced. Further, various tax-linked incentives in various industries were provided by the government to encourage investment.

Companies have no or insignificant taxable income under the Income Tax Act even though they make substantial book profits and handsome dividends are declared to their shareholders. Such companies sometimes pay zero tax (called zero tax companies) or marginal tax even though they may be capable of paying regular tax.

Hence, to not completely invalidate the above-mentioned incentives to the companies, and at the same time, to ensure a steady cash flow in the form of tax revenue, the government developed the MAT concept. The concept of MAT assures that the companies shall be taxed in the proportion of their capacity to pay tax.

Basis Provision Of MAT

As per the theory of MAT, a company’s tax liability will be higher if: –

  • The tax is calculated as per the standard provisions of the Income-tax Law on the liability of the company, i.e., by applying the applicable tax rate to the company on the company’s taxable income, the tax computed. This is also called Normal Tax Liability.
  • The book profit of the Company is the considered amount on which tax is computed @ 18.5% (plus cess and surcharge as applicable). This tax which is calculated by applying 18.5%, including the surcharge and cess charges, is called MAT.

MAT is a process of making companies pay as per provision of Income Tax Act, 1961 of a minimum amount of tax of 18.5% (plus cess and surcharge as applicable) on their book profit even in case the company do not possess taxable income

Note: – In case of a company being a unit of International Finance Service centre, MAT is levied at the rate of 9% (plus cess and surcharge as applicable) and as per subsection (7) of Section 115JB, deriving its income solely in convertible foreign exchange.

Example: The Same Wise Pvt. Ltd. company’s normal taxable income is Rs 5,00,000 as per Income Tax Provision. The book profit of the Same Wise Pvt. Ltd. company under Section 115JB is Rs 12,00,000. In order to compute the tax liability of Same Wise Pvt. Ltd company (excluding cess and surcharge).

Calculation of Tax- Amount

  • Normal tax liability is charged at the rate of 30% (excluding cess): 1,50,000
  • MAT liability is charged at the rate of 18.5% (excluding cess): 2,22,200
  • Tax liability charged on Same Wise Pvt. Ltd. (excluding cess): 2,22,200

Example: As per Income Tax Provision, the regular taxable income of Same Wise Pvt. Ltd. is Rs 20,00,000. Under Section 115JB, the book profit of the company is Rs 12,00,000. Estimate the tax accountability of Same Wise Pvt. Ltd (excluding surcharge and cess).

MAT Credit

The excess of MAT paid above and over the normal income tax liability is called MAT Credit, as mentioned in Section 115JAA. When the normal tax liability is more than MAT in a specific year, the credit of MAT can be utilised by the company. The maximum set off of MAT credit shall be allowed to the extent of the difference between the tax as per MAT provisions and the normal provision of the act. In other words, the amount of tax calculated as per MAT provisions has to paid or bore by the company.

MAT credit can be adjusted and carried forward to the normal tax payable entirely up to 15 financial years from the year when such MAT was started to be paid. This came into play from the financial year 2017-18. Earlier, only for a period of 10 years were allowed MAT credit to carry forward.

Other Points

the Department shall pay no interest on the MAT credit.

In the matter of transformation of the company into a partnership of limited liability

under the Limited Liability Partnership Act 2008, the MAT credit shall get lapse.

Example: As per Income Tax Provision, the Same Wise Pvt. Ltd. company’s normal taxable income is Rs 5,00,000. As per Section 115JB, the book profit of the company is Rs 12,00,000. Calculate the MAT Credit prepared to Same Wise Pvt. Ltd.

Calculation of Tax Amount

  1. Standard tax liability is charged at the rate of 30% (excluding cess) is: 6,00,000
  2. MAT liability is charged at a rate of 18.5% (excluding cess) is: 2,22,200
  3. The liability of Tax of the Same Wise Pvt. Ltd. company (excluding cess) is: 6,00,000

Note: – At the rate of 25%, the Domestic company is taxable if the total turnover does not exceed Rs. 250 crore during the previous year 2016-17. The Same Wise Pvt. Ltd. is assumed to have a turnover exceeding Rs 250 Crore.

Calculation of MAT Credit —- Amount

  • Normal tax liability at the rate of 30% plus 3% cess is: 1,54,500
  • MAT liability at the rate of 18.5% plus 3% cess is: 2,28,660
  • MAT Credit to be carried forward for next 15 years: 74,160

Companies on which MAT is Applicable

MAT applies to each and every company, whether the company is Indian or foreign or whether private or public.

Few Exceptions

  • MAT shall not apply to any income arising or accruing to a company from the life insurance business as per Section 115JB(5A) or suggested in section 115B.
  • MAT shall never be deemed and shall not be applicable to have been applicable to an assessee as per Explanation 4 of Section 115JB, being a foreign company, if—
    • if the Double Taxation Avoidance Agreement (DTAA) referred to in the sub-section states that the assessee is a resident of a country or a specified territory of India.
    • if there is an agreement under the subsection of section 90 of the Central Government
    • if the assessee in accordance with the provisions of such agreement does not have a permanent establishment in India under section 90A
    • if the assessee does not have an agreement of nature referred to in clause (i) but is a resident of a country with which India and the assessee is not required to seek registration under any law for the time being in force relating to companies.

MAT shall never be deemed or shall not be applicable to have been applicable to an assessee, being a foreign company, as per Explanation 4A of Section 115JB, where its total income constitutes solely of gains and profits from a business referred to in: –

  • section 44B – which states the case of non-residents, special provision for computing gains and profits of shipping business or
  • section 44BB – which states the connection with the business of exploration, special provision for computing profits and gains etc., of mineral oils or
  • section 44BBA – which states the case of non-residents, special provision for computing gains and profits of the business of operation of aircraft or
  • section 44BBB – which states the business of civil construction, etc., have a special provision for computing profits and gains of foreign companies engaged in the etc., in specific turnkey power projects, and in those sections, such income has been offered to tax at the rates specified.

MAT will not be applicable to a shipping income liable to tonnage taxation scheme as per Section 115V-O or as implemented in section 115V to 115VZC.

Calculation of Book Profit

Book Profit for the intention mentioned in Section 115JB means the net profit as shown in the statement of profit and loss as per the Schedule III to the Companies Act 2013 is adjusted by certain items prescribed below: –

  • For the purpose of MAT, the concept of Book Profit is developed.
  • According to the provisions mentioned in Schedule III to the Companies Act, 2013, the statement of profit and loss prepared is executed as per the net profit.

Adds: if following items are debited to the statement of profit and loss

  • Income-tax payable/paid and the provision thereof (*)
  • Amounts transferred to any reserves by whatever denomination called (Other than reserve specified under Section 33AC)
  • Unascertained liabilities and the requirements made on it
  • Losses of subsidiary companies and the requirements made on it
  • Dividends proposed/paid
  • Under section 11, section 12, and section 10 [other than section 10(38)], the incomes are exempt, which are related to expenditure
  • Under the provisions of Section 86 of the ITR Act, which mentions that the amount or amounts of expenditure relatable to income, being a share of the taxpayer in the income of an association or body of individuals or persons, on which no income tax is obligatory
  • The amounts of expenditure or charges relatable to income arising or accruing to a taxpayer being a foreign company, from :
    • the gained capital arising on transactions in securities; or
    • the interest, royalty or fees for technical services chargeable to tax at the rate or rates specified in Chapter XII
  • if the income tax payable on the earlier income is shorter than the rate of MAT. The amount signifying a notional loss on the alteration of a capital asset, being an amount expressing notional loss resulting from any change in bringing the number of said units or the amount of loss on the transference of units introduced to in Clause (xvii) of Section 47
  • Patent chargeable to tax under section 115BBF on the expenditure relatable to income by way of royalty
  • Cost of depreciation debited to profit and loss account.
  • The provision related to Deferred tax
  • The provision mentioned for diminution in the actual value of any asset
  • The amount pertaining to a revalued asset on the retirement or disposal of such an asset has been standing in revaluation reserve if not credited to the profit and loss account statement.
  • The Clause (xvii) of Section 47 refers to the amount of gain on transfer of units which is computed by taking into account the carrying amount of the shares at the time of exchange, or the cost of the shares exchanged with units referred to in the said clause whereas the case may be before-mentioned shares are conducted at a value other than the cost;

Less: if the following items are credited to the statement of profit and loss:

The amount is removed from any provision or reserve while being credited as the P&L account

[Withdrawals made from provisions made on or reserves created after 1-4-1997 shall be subtracted only if the book profit of the year of production of such reserve has been raised by the amount transferred to such provisions or reserve (out of which the declared amount was withdrawn).

For example, Governmental grants relating to depreciable assets are credited to special reserve (i.e., not to statement of profit and loss) in the year of receipt, and a share of such grant is shifted from that reserve to statement of profit and loss throughout the asset in proportion to charged depreciation.

In the year in which these donations were credited to individual reserve, and then such reserve had not been added to net profit for computing of book profit subjected to MAT. Therefore, while calculating book profit for the purpose of MAT, the amounts so transferred shall not be reduced from net profit in the year of transfer to P&L.]

  • Incomes that are excluded under section 11, section 12 and section 10 [other than section 10(38)]
  • When in the statement of profit and loss (excluding the depreciation on revaluation of assets), the amount of depreciation is debited
  • The amount has been credited to the statement of profit and loss after being withdrawn from the revaluation reserve to the extent that it does not surpass the depreciation on assets revaluation.
  • The amount of income on which no income-tax is payable in accordance with the provisions of section 86, which states that the share of the taxpayer in the income of an association or body of individuals or persons if any such amount is credited to the statement of profit and loss
  • The amount of income arising or accruing to a taxpayer being a foreign company, from :
  • the arising of capital gains on transactions made in securities; or
  • the interest, fees or royalty for technical services specified in Chapter XII, which states to be chargeable to tax at the before mentioned rate or rates.
  • If the income tax payable on the above income is less than the MAT rate, then such income is credited to the statement of profit and loss. If any amount is credited to the representing statement of profit and loss
  • Clause (xvii) of Section 47 states that the notional gain on transfer of a capital asset, being a share of a business trust of a special purpose vehicle in exchange for units allotted by that trust.
  • notional gain resulting due to any change in carrying the amount of said units; or
  • As referred to in Clause(XVII) of Section 47, the gain on transfer of units
  • As referred to in Clause(XVII) of Section 47, the amount representing the notional gain on transfer of units is computed by the carrying amount of the shares at the time of exchange or considering the cost of the shares exchanged with units referred to in the said clause. In contrast, the case may be, such shares/cost are carried at a value other than the cost within the statement of profit and loss, and under section 115BBF, the Income by way of royalty in respect of copyright chargeable to tax.
  • In the case of the company upon whom an application for corporate insolvency resolution has been charged on the amount of unabsorbed depreciation and loss that brought forward and the admitted process.
  • Amount of unabsorbed depreciation or brought forward loss, whichever is minor as per books of account (in a matter of a company other than the company bearing insolvency proceedings)
  • Until the profits on the net worth become zero/positive of a sick industrial company
  • The tax that has been deferred is credited to the statement of profit and loss.
  • Book profit to be utilised to calculate MAT.

Notes:

(*) Income-tax payable/paid, and the provision thereof shall incorporate: –

  • Under section 115-O (dividend distribution tax – i.e., DDT) Any tax on distributed profits or tax on distributed income under section 115R;
  • Under this Act, any interest charged; especially the surcharge, if any, as levied by the Acts made by the Central from time to time;
  • Income-tax Education Cess, if any, as levied by the Acts made by the Central from time-to-time; and
  • Higher and Secondary Education Cess on Income-tax, if any, as levied by the Acts made by the Central from time to time.
Winning from the Lottery, Crossword Puzzle, Race, Games etc

Winning from the Lottery, Crossword Puzzle, Race, Games etc

Winning from the Lottery, Crossword Puzzle, Race, Games etc: Income from winning prizes and awards such as lottery, gaming or TV game shows, puzzles, online card games etc., are acknowledged as income from other sources under the head IFOS of Income Tax. The winner may collect such income in cash or kind. As per Section 115BB of the Income Tax Act, the tax rate is flat 30% for such income.

About The Taxed Charged

As per section 58(4), no deduction regarding any allowance or expenditure in connection with such income shall be permitted under any provision of the Income-tax Act. However, expenses relating to the activity of maintaining and owning racehorses are allowable.

In other words, without any allowance or expenditure, the entire income of winnings will be taxable. In fact, the Deductions from Gross Total Income which is the deduction made under sections 80C to 80U, will also not be possible from such income, although such income is considered a part of the total income.

The basic exemption of income (say Rs. 5,00,000) is not available to the assessee, as lottery income is taxed at a flat rate.

According to Section 115BB, a flat tax rate of 30% is applicable on income raised through a way of winnings from any: –

  • Lottery
  • Crossword Puzzle
  • Race including horse race (the income not being from the activity of maintaining and owning racehorses)
  • Card Game and any sort of other games( As per Section 24(ix) constitutes any game show, an entertainment programme on electronic mode or television, in which people compete to win prizes or any other similar games etc.)
  • Betting or gambling of any nature or form

Applicability of TDS

According to Section 194B, TDS is applicable at the special rate of 30% if the amount of winning surpasses Rs 10,000

  • Winning from Lottery
  • Crossword Puzzle
  • Game Shows
  • Races including Horse Race
  • Card Games
  • Gambling
  • Betting
  • Any other income of similar nature or form

TDS charged on winning from horse race is deductible at a rate of 30% if the amount of winning exceeds Rs 10,000 and recounts by Section 194BB.

Winning in Cash

Suppose the winning from a crossword puzzle, lottery etc., is in cash and surpasses Rs 10,000, then under section 194B (or 194BB in case of winning from horse race). In that case, the individual responsible for paying such an amount should deduct TDS at the rate of 30% on the whole amount before making such payment to the winner.

Winning Partly In Cash And Partly In Kind Or Wholly In-Kind:

If the winning is solely in kind (such as car etc.) or partly in kind and partly in cash, then the individual is responsible for paying tax at the rate of 30%, which should have been paid in respect of such winning before releasing the winning. The tax shall be determined on the grounds of the market cost of the winning, such as a car etc., along with the cash winnings. Generally, the shortfall in tax or amount of tax is collected from the winner and deposited to the government by the event organiser.

Income Under Section 115BB And Special Notes Related To It:

No available benefit of the basic exemption limit. In other words, if any individual has a single income in a year from gambling amounting to Rs 40,000, then the tax liability of that person (before rebate under section 87A) shall be Rs 12,000.

No deduction shall be permitted from such income under Chapter VI-A (Section 80C to Section 80U).

As per Section 58(4), no deduction in respect of any allowances or expenditure in connection with such income shall be permitted under any provision of this act in computing such income.

Tax deposited in respect of such income under section 87A shall not be refundable excluding the amount of rebate, which the winner claims

At the time of filing their income tax return, education cess and surcharge shall be paid by the winner.

As per Section 56(2)(ib), such income shall be chargeable to tax as Income from Other Source.

Comprehensive Example Of The Process Of Computation Of Income For Financial Year 2017-18:

Example: Mrs. A wins Rs 4,00,000 cash from the Crossword Puzzle. On such a receipt, a TDS of Rs 1,20,000 has been deducted. She has made a payment of Rs 50,000 towards LIC. She has no other income throughout the year.

Computation of Income: Amount

  • Income from Other Sources – 4,00,000
  • Total Income- 4,00,000
  • Tax @ 30% (special rate) –1,20,000
  • Education Cess- 3,600
  • Total Tax- 1,23,600
  • D.S.- 1,20,000
  • Tax Payable (excluding rounding off and interest u/s 288, if any)- 3,600

Example: Mr. B wins Rs 4,00,000 cash from the lottery. He purchases ticket worth Rs 20,000 for earning such an income. On such a receipt, a TDS of Rs 1,20,000 has been deducted. An amount of Rs 50,000 towards LIC is paid by him. He has no other specified income during the year.

Computation of Income: Amount

  • Income from Other Sources- 4,00,000
  • Total Income- 4,00,000
  • Tax @ 30% (special rate)- 1,20,000
  • Education Cess- 3,600
  • Total Tax- 1,23,600
  • D.S.- 1,20,000
  • Tax Payable (excluding rounding off and interest u/s 288, if any)- 3,600

Example: Mrs. C wins Rs 15,00,000 cash from the Gameshow. On such a receipt, a TDS of Rs 4,50,000 has been deducted. She has no other income throughout the year.

Computation of Income: Amount

  • Income from Other Sources- 15,00,000
  • Total Income-15,00,000
  • Tax @ 30% (special rate)- 4,50,000
  • Education Cess- 13,500
  • Total Tax- 4,63,500
  • D.S.- 4,50,000
  • Tax Payable (excluding rounding off and interest u/s 288, if any)- 13,500

Example: Mr. D wins Rs 9,000 in cash from the horse race. On such a receipt, no TDS has been deducted. An amount of Rs 50,000 towards LIC is paid by him. He has no other income throughout the year.

Computation of Income: Amount

  • Income from Other Sources- 9,000
  • Total Income- 9,000
  • Tax @ 30% (special rate)- 2,700
  • Rebate u/s 87A- 2,500
  • Gross Tax- 200
  • Education Cess- 6
  • Tax Payable (excluding rounding off and interest u/s 288, if any)- 206

Example: Mrs. E wins Rs 3,00,000 cash from the betting. On such a receipt, a TDS of Rs 90,000 has been deducted. She has no other income throughout the year.

Computation of Income: Amount

  • Income from Other Sources- 3,00,000
  • Total Incomes- 3,00,000
  • Tax @ 30% (special rate)- 90,000
  • Rebate u/s 87A- 2,500
  • Gross Tax – 87,500
  • Education Cess- 2,625
  • Total Tax- 90,125
  • D.S.- 90,000
  • Tax Payable (excluding rounding off and interest u/s 288, if any)- 125
Refunds under GST

Refunds under GST | Application Procedure, Documents Submitted and Deadline

Refunds GST: GST is all about enabling a fast and efficient flow of funds ultimately to the endpoint. To encourage such a continuous integration, the government must help arrange for a hassle-free refund procedure.

The prevailing tax regime is complicated, and that might take several months, if not years, to receive full refunds from the government’s coffers.

Current GST return submission necessitates that, after reporting GSTR-1 to report sales, one should essentially complete GSTR-3B to declare the ITC and make appropriate GST payments every month. If a refund is necessary or appropriate, it can be legally obtained by filing the applicable refund formalities.

When the GST compensated surpasses the GST obligation, the particular scenario of individuals seeking a GST refund emerges. To prevent misunderstanding, the practice of obtaining a refund under GST is uniform. The procedure is done digitally, and time constraints have been enforced.

There’ll be no returns if the sum is lesser than Rs. 1,000/-.

What are the Grounds Under Which A Refund Can Be Procured?

A refund claim may originate as a consequence of the following:

  • Export of goods or services following deduction of tax.
  • Delivery of items and/or services to SEZ units and independent developers in terms of tax obligations.
  • Export of goods or services without tax payment on a bond/letter of undertaking
  • Supply of goods or services or perhaps both to SEZ units and developers under Bond/Letter of Undertaking, tax-free.
  • Tax refunds on purchases completed by UN Agencies, Embassies, and others.
  • Refund due to Appellate Authority, Appellate Tribunal, or any court’s ruling, judgment, order, or instruction.
  • Refund of accrued Input Tax Credit due to duty structure inversion.
  • Provisional evaluation has finalized.
  • In electronic cash accounting, there is an additional balance.
  • Excessive tax settlement.
  • Refunds of GST paid on products bought in India and sent overseas to foreign tourists at their exit from India.
  • Return of taxes collected on a commodity that is not provided, in whole or in portion, and no billing was sent.
  • Repayment of CGST and SGST paid by defining the supply as intra-State and then identifying it as inter-State, and conversely.
  • CSD Canteens will get a return.
  • Refund considering an adjudicating investigator’s inquiry or recommendations.
  • Foreign or international visitors who pay GST are liable for a return.

What are the Grounds Under Which A Refund Cannot Be Procured?

Refunds are not permitted in the following circumstances:

  • In the event of products or services that the council has recognized in this respect.
  • Refund of untapped input tax credit in cases when goods exported from India are liable to customs duty.
  • An underutilized input tax credit if the service provider of goods or services, or perhaps both, files a reduction on centralized taxation or a return of the combined taxes collected on such supply.

What is the Final Deadline for Requesting A Refund?

The time restriction for seeking a refund is two years from the date of the transaction.

In each particular circumstance, the relevant date is fundamentally different. For some occurrences, the relevant dates are as described in the following:

  • In the event of GST overpayment, the relevant date is the precise day of payment.
  • The relevant date for the export or deemed exporting of services or goods is the date of dispatch/loading/passing the state border.
  • The relevant date for the export or deemed exporting of services or goods is the date of dispatch/loading/passing the state border.
  • Likewise, when services are performed subsequent to the acquisition of a prepayment, the relevant date is the billing date.
  • When the supply incorporates activities and is completed before cash is transferred, the relevant date is the payment delivery day.

What is the Application Procedure’s Mode?

At present, the entire return procedure is completely electronic.

All return submission and verification phases must be accomplished electronically.

What are the Documents for Submitting the Return?

  • The refund form must be filed in Form RFD-01 (which must be validated by a Chartered Accountant or a Cost Accountant) before two years of the “relevant date.”
  • Following the completion of the application, an acknowledgement receipt in Form RFD-02 will be auto-generated for reference purposes and communicated by email and Text.
  • If the program identifies any glitches in the return submission Form, RFD-03 will be authorized to the taxpayer to rectify his online application.
  • If the individual making the return claim is a United Nations legal entity, Consular, or a diplomatic embassy, the return request must be completed within 90 days of the end of the term in which the goods or services were acquired. Form RFD-10 must be utilized for the submission.
  • RFD-07 is a show-cause warning issued by the government when a refund claim is outright rejected.
  • The payment advice is RFD-08.
  • RFD-09 is an obligation for interest on missed fees that is used in the situation of late payments.
Taxability On Buyback Of Shares Of Companies

Taxability On Buyback Of Shares Of Companies

Taxability On Buyback Of Shares Of Companies: Buyback of shares means the re-acquisition of its own shares by a company. It also means returning the money of shareholders while obtaining back its shares. In such a case, the shareholders receive the market value of shares, and the company re-absorbs its ownership portion from the public.

The taxes to be charged while buying back shares is also divided based on the listing of the company, which are as follows:

  • Buyback by Listed Companies
  • Buyback by Unlisted Companies

Table Of Contents

For Buyback Of Shares By Listed Companies

Taxability in the hands of companies: Listed companies are not taxable for the buyback of their own shares.

Taxability in the hands of shareholders: The taxes to be charged at the end of shareholders depend on the buyback of shares. Buyback of shares is classified into two categories which are as follows:-

For Buyback of shares directly from shareholders: The profit in the hands of shareholder while buyback of shares is liable to taxation as follows:

For Long-term capital gain (for holding periods of more than 12 months): Any profits from long-term capital shall be taxable as per Section 112 of the Income Tax Act at any of the following lower rates:

  • 20% of capital gain after indexation.
  • 10% of capital gain without indexation.

As per Section 112, there won’t be any benefit of exemption for capital gains up to ₹100,000, and the flat tax rate of 10% shall be charged for capital gains exceeding ₹100,000. Such transactions do not come under Securities Transaction Tax (STT).

For Short-term Capital gain (for holding periods less than 12 months): As per Section 48 of the Income Tax Act, profits from short-term capital are taxable at the applicable rate for the shareholder.

An individual falling under the 5% tax slab shall be charged at the rate of 5%. Individuals will be assigned a tax rate at the already applicable rate. Benefits for a flat tax rate of 15% is not available under Section 111A as such transactions are not chargeable to Securities Transaction Tax (STT).

For Buyback of shares via Recognized Stock Exchange: The profit of shareholders shall be liable to taxation in the following ways:

For Long-term capital gain (for holding periods of more than 12 months): Any capital gains that are exceeding ₹100,000 shall be charged under Section 112A at a flat tax rate of 10% as such transactions are chargeable to Securities Transaction Tax (STT).

But such benefits are available only when the acquisition of shares was charged to STT; otherwise, such acquisition shall be taxed in the form of buyback directly from the shareholder.

For Short-term capital gain (for holding periods less than 12 months): Any gains from short-term capital is taxable under Section 111A at a flat rate of 15%. Such transactions are also chargeable to Securities Transaction Tax (STT).

For Buyback Of Shares By Unlisted Companies

Taxability in the hands of companies: As per Section 115QA of the Income Tax Act, buyback of shares by any unlisted companies is liable for taxation at a flat rate of 20% on the ‘distributed income’. Distributed income means any such consideration paid by the unlisted company on the buyback of shares as reduced by the amount which was received by the unlisted company while issuing such shares.

Other Points to consider

  • As per Rule 40BB of Income Tax Rules, 1962, the complete procedure of calculating the amount of Distributed Income in various cases.
  • Under Section 115QA, the tax charged on the income of shareholders or companies shall not be entitled to any deduction under any provision of the Income Tax Act.
  • An additional tax shall be charged over and above the tax charged on the total income of the unlisted company despite no income tax to be charged to the company under the provision of the Income Tax Act.
  • The tax charged on distributed income shall be the final tax payment, and no additional credit shall the company claim or any other person in respect of the tax amount paid.

Taxability in Hands of Shareholders

As per Section 10(34A) of the Income Tax Act, any receipts in the shareholder’s hands are exempted for taxes.