Saturday, March 2, 2013

Highlights of Finance Bill, 2013


Highlights of the Finance Bill, 2013

·        Service Tax

o   Negative List will now include:

§  Courses run by Industrial Training Center affiliated to state council for vocational training.
§  Process amounting to manufacture under medicinal & Toilet Preparations
§  All testing in relation to agriculture or agriculture produce.

o   Amendment to mega exemption notification No.25/2012:

§  Exemption to charitable activities for advancement of any other object of general public utility up to 25lakh- Withdrawn
§  Exemption to vehicle parking to general public and repair & maintenance of government aircrafts- Withdrawn
§  Exemption by way of auxiliary educational services & renting of immovable property by specified educational institutes-Not Available
§  Transportation of petroleum products, postal, household effects by railway and vessel- Not Available
§  All AC restaurants- Liable to service tax
§  Cinematograph films- Exemption restricted to those exhibited at theatre hall

o   Now Even public companies can Approach AAR.

o   Penalty u/s 77(a) restricted to Rs.10,000/-

o   Section 78A introduced to levy penalty on directors & officials for specified offence in case of willful actions.

o   Construction of complex, building, civil structure reduced from 75% to 70% if carpet area is more than 2,000sq. ft or where amount charged is more than Rs.1cr.

o   Service tax voluntary compliance scheme introduced for dues between period 01.10.2007 to 01.03.2013

·        Excise & Custom & Others

o   Thresh hold under section 9 increased to 50lakh for punishment with fine.

o   Section 20 apply only to non-cognizable offence


o   Mobile including cellular phone of RSP of more than 2,000/- tariff increased to 6%

o   Goods manufactured & captively consumed in areas based exemption notification scheme (49 & 50/03) – Exempted

o   Concessional duty on hybrid electric vehicles period extended up to 31.03.2015


o   SUVs of engine capacity more than 1500cc- increased to 30%

o   Specific duty on cigrates, Cigars Increased.

o   Chasis of diesel motor vehicle for transport of goods reduced from 14 to 13%


o   Advance ruling will also cover proposal to start new line of business by applicants under customs & central Excise Laws

o   AR will also cover eligibility for CENVAT credit on input services for a manufacturer of excisable goods


o   Non-bailable offence under customs act will include:

§  Evasion of duty over 50lakh
§  Import of prohibited goods u/s11
§  Import of any goods which are not declared market price of which exceed Rs.1cr
§  Fraudlent availment of drawback from duty exceeding Rs.50lakh

o   No refund if claim is less than Rs.100/-

o   Electronic filling of IGM & EGM Allowed

o   Commodities transaction tax is introduced to tax taxable commodities transactions other than Agricultural commodities. The tax will be .01% on value of such transaction & such tax shall be payble by the seller.

·        Income Tax

o   For resident individual if total income does not exceed Rs.5lakh Tax credit for Rs.2,000/- or actual tax which ever is lower provided.(87A)

o   No change in Tax Slabs.

o   Domestic company having total income exceeding Rs.1cr will pay surcharge @5%  if income exceeds Rs.10cr surcharge will be @10%.

o   Foreign company liable to surcharge @5% if total income exceeds Rs.10cr.

o   Dividend tax will be subject to surcharge @10%.

o   Individual, HUF, AOP, BOI, Cooperative society, Firm, local Authotity will be subject to surcharge @10% if total income Exceeds Rs.1cr.

o   For individual taking loan for his first home from bank/HFC up to Rs.25lakh during 2013-2014 will be given additional one time deduction up to Rs.1lakh.(80EE)

o   STT reduced on seller as follows:

§  Equity features: from .017% to .01%
§  MF/ETF at counters: from .25% to .001%
§  MF/ETF on exchange: from .1% to .001%.

o   Immovable property purchase for inadequate consideration will subject to tax within parameters of section 56(2)(vii).

o   Provision of section 50C will apply even in case of transfer of an asset other than capital asset.

o   1% TDS will be charged on transfer of immovable property exceeding 50lakh.

o   A manufacturing company will be entitled 15% investment allowance over & above depreciation for fresh investment in excess of Rs.100cr in new plant & machinery.(32AC)

o   If Consideration against transfer of an asset other than capital asset being land or building or both is less than value adopted for payment of stamp duty than such value so adopted will be deemed to be full value of consideration received as a result of such transfer. (43CA).

o   80IA period extended to 31.03.2014.
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For suggestions and feedback please feel free to contact us via e-mail; dhruvjainassociates@yahoo.co.in or you can log on to our website: http://dhruvjainassociates.in/contact
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This blog is the property of Dhruv Jain & Associates. Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of the content of blog or of the blog itself  without the prior written consent of the author of this blog is strictly prohibited and doing so will attract legal proceedings. Any views or opinions presented in this blog post are solely those of the author and for informative purpose only and should not be treated /used as guiding rule or professional consultancy in any case. The matter of discussion is highly sensitive to the amendments made by the government under various laws and may not be updated as per the changes. Readers are suggested to take prior professional consultancy of experts before using the blog or its material in any way.
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Friday, January 11, 2013

Highlights of Companies Bill, 2012


Highlights of the Companies Bill, 2012

Clause-2(68)
Maximum numbers in Pvt. Company to be increased from 50 to 200members
Clause-3
Introduction of concept of One Person Company.
Clause-4
ROC empowered to remove the name of company from register of companies if reservation of name obtained by furnishing wrong or incorrect information.
Clause-5
Articles of Association may contain provision for Entrenchment.
Clause-7
Incorporation process made quick with detailed declaration & disclosures about promoters & directors.
Clause-7
Tribunal Empowered to remove company’s name from register if company got incorporated by furnishing false or incorrect information or by suppressing material facts.
Clause-8
Strict provisions for companies with charitable objects.
Clause-37
Class Action in case of misleading prospectus.
Clause-42
Private Placement Defined.
Clause-73to76
Only NBFC, Banking Co, Notified companies, Public co. with notified parameters can accept deposit from public. Companies other than above who have accepted deposits before commencement of the act shall repay them with in 1year from commencement of companies act,2011.
Clause-93
Return to be filed with registrar in case promoters’ stake changes.
Clause-108
Voting through electronic means by members at meeting.
Clause-129
Consolidation of financial statements is mandatory if company has one or more subsidiary.
Clause-130
Accounts can be re-opened on court’s or tribunal orders.
Clause-131
Voluntary revision of financial statements with tribunal’s consent.
Clause-132
NFRA instead of NACAS & now NFRA is charged with responsibility to monitor & enforce compliance with Standards recommended by it.
Clause-132
NFRA empowered to investigate into professional misconduct of CAs & impose penalty of not less than ₹1lakh & not exceeding 5times of fees received in case of individuals & not less than ₹10lakh & not exceeding 10 times fees received for firms & debar member/Firm for period 6month to 10years.
Clause-135
Corporate Social Responsibility for every company having net worth of ₹500cr or turnover ₹1000cr or NP ₹5cr during financial year than company shall spend 2% of average net profit during 3 immediately preceeding FY if fails disclose reason in Board report.
Clause-138
Internal Audit by Professionals may be decided by the board to be made mandatory for prescribed classes of companies
Clause-139
Mandatory Rotation of Auditors for listed companies & Other prescribed classes of companies after % years for auditor who is individual CA & after 10 Years for auditor who is a firm.
Clause-140
Tribunal may direct a company to change its  auditors if it is satisfied that auditor have acted in fraudulent manner or abetted or colluded in any fraud.
Clause-141
LLP may be appointed as auditor.
Clause-143
Auditing Standards to be made mandatory.
Clause-144
Auditors not to render certain services as accounting, internal audit, actuarial services, investment advisory, management services.
Clause-149
One woman director mandatory for some prescribed companies.
Clause-149
Every company must have at least one director who has stayed in India for more than 182 days.
Clause-149
Every listed company & other prescribed class of companies must have one independent director.
Clause-166
Duties of directors.
Clause-168
Resignation of Directors.
Clause-154
Participation of directors in board meeting by video conferencing or by electronic means & will be counted for quorum also.
Clause-192
Restriction on non-cash transactions (acquisition of assets other than cash) involving Directors.
Clause-195
Prohibition of insider trading of securities.
Clause-204
Mandatory Secretarial Audit for listed & prescribed companies by CS.
Clause-205
Functions of company secretary defined.
Clause-211
SFIO Serious fraud investigation office to investigate into affairs of companies.
Clause-233
Mergers & Acquisitions for holding & wholly owned subsidiary companies or between two or more small companies be done at single place with provisions for deemed approval.
Clause-234
Cross Border mergers Explained.
Clause-247
Concept of registered valuers incorporated.
Clause-268
Bar of Jurisdiction.
Clause-455
Dormant companies explained.
Clause-447
Fraud Defined.

____________________________________________________________________
For suggestions and feedback please feel free to contact us via e-mail; dhruvjainassociates@yahoo.co.in or you can log on to our website: http://dhruvjainassociates.in/contact
___________________________________________________________________________________
This blog is the property of Dhruv Jain & Associates. Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of the content of blog or of the blog itself  without the prior written consent of the author of this blog is strictly prohibited and doing so will attract legal proceedings. Any views or opinions presented in this blog post are solely those of the author and for informative purpose only and should not be treated /used as guiding rule or professional consultancy in any case. The matter of discussion is highly sensitive to the amendments made by the government under various laws and may not be updated as per the changes. Readers are suggested to take prior professional consultancy of experts before using the blog or its material in any way.
___________________________________________________________________________________