EY Tax Alert. Executive summary. CBDT modifies returns forms for tax year May mber 2012

Similar documents
EY Tax Alert. Executive summary. Government of India notifies the entities eligible to issue tax free bonds for financial year

EY Alert. Executive summary

CBDT revises rules relating to furnishing information in respect of payments to nonresidents

Amendments to the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, Executive summary

EY Tax Alert. Executive summary. CBDT notifies ITR Forms for Company/ Firms/ LLP/ Trusts and others. 05 August 2015 October 2014

EY Tax Alert. Executive summary. Kolkata Tribunal rules on taxability of online advertisement revenues. 18 April mber 2012

EY Tax Alert. Executive summary

Operational, prudential and reporting norms for Alternative Investment Funds. Executive summary

Indian Equalization Levy on digital services to be effective from 1 June 2016, administrative rules notified

CBDT amends rules relating to furnishing information in respect of payments to nonresidents

EY Tax Alert. Executive summary. Amendments in the Foreign Trade Policy April 2013

CBDT releases fifth round of FAQs on Income Declaration Scheme, 2016

Mumbai Tribunal rules reimbursement of expenses on secondment of employees not FTS

EY Tax Alert. Executive summary

CBDT introduces form for employee investment declarations and extends due date for quarterly withholding statements

EY India Real Estate EY s point of view on Amended Foreign Direct Investment (FDI) Policy on Construction Development Sector

EY Tax Alert Indian tax administration issues final rules on certain aspects for determining buy-back tax in India Executive summary

EY Regulatory Alert. Executive summary. SEBI releases Discussion Paper on review of framework for Institutional Trading

EY Tax Alert. Executive summary

Mumbai Tribunal rules on DAPE in case of marketing and distribution activities carried out by an Indian branch for group companies

EY Tax Alert. Executive summary. Chennai Tribunal upholds salary taxation of SARs benefits received from foreign parent of employer.

EY Regulatory Alert. Executive summary

Government of India amends Income Computation and Disclosure Standards and also defers them by one year to tax year

EY Tax Alert. Executive summary. Bangalore Tribunal rules on deductibility of employee share reward discount cross-charged by foreign parent company

CBDT releases second round of FAQs on Income Declaration Scheme, 2016

24 April EY Tax Alert. Mumbai Tribunal rules that itemized sale of assets with an intention to transfer entire undertaking is a slump sale

EY Tax Alert. Executive summary. CBDT notifies GAAR rules. Background. 27 September mber 2012

10 April EY Tax Alert. AAR treats buyback of shares as tax avoidance scheme taxable as dividend under Mauritius DTAA

EY Tax Alert. Executive summary. CBDT sets up a Committee to deal with retroactive indirect transfer taxation. 1 September 2014

AAR rules that provision of business support services to US affiliate are naturally bundled and are not intermediary services

EY Tax Alert. Executive summary. Supreme Court rules on year of deductibility of debenture interest paid upfront. 26 March 2015

EY Tax Alert. Executive summary. CBDT provides clarifications on Direct Tax Dispute Resolution Scheme, September 2016

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary. Mumbai Tribunal rules on legality and taxability of certain gift transactions by corporates.

EY Tax Alert. Executive summary

Guidance Note on FATCA and CRS dated 30 November Key clarifications

EY India Defence EY s point of view on amended Foreign Direct Investment (FDI) Policy on Defence Sector

Karnataka High Court rules that implementation of customized software is a service and cannot be subject to VAT

EY Tax Alert. Executive summary. CBDT notifies guidelines for onshore management of offshore funds. 17 March 2016

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary. SC settles certain controversies on profit-linked deduction for export units. 21 December 2016

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary

Bombay HC upholds non-taxability of deferred consideration on transfer of shares in the absence of accrual

EY Regulatory Alert. Executive summary

Delhi Tribunal rules income of non-resident that is not attributable to PE in India shall still be taxable in India as FTS

Securities and Exchange Board of India notifies regulations for Share Based Employee Benefits

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary

Securities and Exchange Board of India and the Reserve Bank of India issue guidelines for international financial services centres

CBDT notifies ITR forms for Individuals and HUF Taxpayers

Mumbai Tribunal rules charterer includes slot charter arrangement for availing treaty benefit under Article 8 of India Malaysia DTAA

Indian Administration issues draft Exit Tax Rules for charitable organisations; invites comments from stakeholders

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary

Pune Tribunal upholds tax deductibility of MTM exchange fluctuation loss on forex loan borrowed to reduce interest cost and hedge export receivables

EY Tax Alert. Executive summary. Supreme Court upholds initiation of prosecution for failure to file return. 3 February 2014

EY Tax Alert. Executive summary. Delhi HC rules payment towards live telecast is not royalty. 1 December 2014

EY PAS Alert. Finance bill proposes tax on long-term gains arising on sale of listed equity shares Impact on employee stock option plans

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary. Mumbai Tribunal rules write-down of investment loss allowable if a direct and proximate nexus exists with a business

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary

MoF issues Notifications and Circular for services relating to transportation of goods by vessel

EY Tax Alert. Executive summary. Protocol signed on 10 May 2016 to amend the 1982 India- Mauritius tax treaty. 12 May 2016

Reserve Bank of India releases final guidelines for on tap licensing of Universal Banks in the private sector

Transfer pricing for Specified Domestic Transactions

EY Regulatory Alert. Executive summary. ECB Policy- revised framework. 04 December 2015

Supreme Court rules accumulated losses of amalgamating company to be set off after reducing interest waiver benefit

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary. Third Protocol amending the India-Singapore tax treaty signed. 31 December 2016

High Court rules that in-transit sale in turnkey contracts not eligible for exemption under Section 6(2) of the Central Sales Tax Act

EY Tax Alert Central Board of Direct Taxes issues final rules prescribing methodology for determining fair market value of unquoted shares

Reserve Bank of India releases draft guidelines for on tap licensing of Universal Banks in the private sector

EY Alert. Kerala High Court quashes 2014 notification amending the Employees Pension Scheme, 1995

EY Tax Alert. Executive summary. Final report of Accounting Standards Committee of CBDT. 29 October 2012

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary

Kerala HC upholds the constitutional validity of levy of Service tax on admission and access to entertainment event & amusement facilities

EY Tax Alert. Executive summary

Special Bench rules ESOP discount is deductible on vesting of options

EY Tax Alert. Executive summary

Amendments at enactment stage of Finance Bill, 2017

CBDT Committee recommends MAT framework for Ind-AS companies

Parliamentary Standing Committee Report on the Constitution (115 th Amendment) Bill, 2011 relating to GST

Clarifications on Indirect transfer provisions under the Incometax Act, 1961

EY Tax Alert. Executive summary. Hyderabad Tribunal reaffirms the distinction between use of copyright right and copyrighted article.

Background. Facts. produce articles or things or completes. substantial expansion.

CBEC issues Circulars laying down procedure for investigation of related party import cases by Special Valuation Branch of Customs

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary. Supreme Court rules on scope of statutory dues allowable as deduction on actual payment.

Draft guidelines for licensing of Small Banks and Payments Banks in the private sector

EY Tax Alert. Supreme Court reaffirms constitutional validity of Aadhaar PAN linking requirement. Executive summary

EY PAS Alert. Executive summary. Press release dated 27 February

This Tax Alert provides highlights of the Taxation Laws (Amendment) Bill, 2017 ( Bill ) introduced in the Lok Sabha on 31 March 2017.

EY Tax Alert. Executive summary. Delhi Tribunal rules on advertisement and promotion expenses involving use of trademarks as not royalty.

EY Tax Alert. Executive summary

EY Tax Alert. Executive summary. Delhi High Court rules 50% as the benchmark to evaluate substantial value on taxation of indirect transfers

This Tax Alert highlights key aspects of the IDT Rules.

Transcription:

7 May 2013 2013mber 2012 EY Tax Alert CBDT modifies returns forms for tax year 2012-13 Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect Indian businesses. They act as technical summaries to keep you on top of the latest tax issues. For more information, please contact your Ernst & Young advisor. This Tax Alert summarizes procedural changes made by Central Board of Direct Taxes (CBDT) vide Notification No. 34/2013/f. No.142/5/ 2013-TPL (Notification) dated 1 May 2013 to return of income (return) forms and mode of returns by different taxpayers for tax year 2012-13. The Notification extends the mandatory requirement to file return in electronic mode (e-) to following classes of taxpayers: Taxpayers having taxable income above INR 0.5 million (as against INR 1 million for tax year 2011-12) Taxpayers claiming foreign tax credit The Notification also requires taxpayers liable to tax audit or transfer pricing audit or Minimum Alternate Tax [1] (MAT) audit to e-file the respective reports independently in addition to of return of income. Procedural changes Broadly, the Notification provides certain reclassification of return form for individuals/hindu Undivided Family (HUF) depending upon the presence of and/or where taxpayer has claimed foreign tax credit and/or where taxpayer has exempt income exceeding INR 5000. The Table given below captures comparative changes in form of return and mode of return for different taxpayers for tax years 2011-12 and 2012-13: [1] Applicable only to companies

Class of taxpayers A. Individuals having salary income, house property income (not more than one owned house) 2 and income from other sources 3 Resident 4 having Exempt income > INR 5000 Form of return Tax year 2011-12 Mode of return Total income < INR 1Million Total income > INR 1 Million Form of return Tax year 2012-13 Mode of return Total income < INR 0.5Million Total income > INR 0.5 Million ITR 2 Mandatory e- ITR 2 Mandatory e- Other cases E- optional Mandatory e- E- optional Mandatory e- E- optional Mandatory e- ITR 2 Mandatory e- ITR 2 E- optional Mandatory e- E- optional Mandatory e- B. Individuals/HUF having presumptive income from small businesses Resident 5 having Exempt income > INR 5000 ITR 4 Mandatory e- ITR 4 Mandatory e- E- optional Mandatory e- E- optional Mandatory e- ITR 4 Mandatory e- ITR 4 E- optional Mandatory e- Other cases E- optional Mandatory e- E- optional Mandatory e- C. Other individuals/ HUF not subject to tax audit Resident 6 having ITR 2 or 3 or ITR 2 or 3 or Other cases ITR 2 or 3 or Mandatory e- E- optional Mandatory e- E- optional Mandatory e- Mandatory e- Mandatory e- E- optional Mandatory e- D. Other individuals/huf subject to tax audit ITR 3 or 4 as Mandatory e- of return with ITR 3 or Mandatory e- of return with digital signature as also e- of tax audit report 2 Should not have brought forward losses 3 Positive income only 4 Excludes not ordinarily residents 5 Excludes not ordinarily residents 6 Excludes not ordinarily residents

E. Firms (including LLPs 7 ) Not liable to any audit ITR 5 E- optional ITR 5 E- optional Mandatory e- ITR 5 E- optional ITR 5 Mandatory e- Liable to tax audit ITR 5 Mandatory e- of return with Liable to transfer pricing audit ITR 5 E- optional (Please refer ITR 5 Mandatory e- of return with digital signature as also e- of tax audit report ITR 5 Mandatory e- of transfer pricing audit report but e- of return is optional Mandatory e- of return and transfer pricing audit report F. Companies ITR 6 Mandatory e- of return with ITR 6 Mandatory e- of return with digital signature as also e- of tax/ transfer pricing/mat audit report G. Tax-exempt charitable organizations, political parties etc. ITR 7 Mandatory paper ITR 7 E- optional Note 1 For tax year 2011-12, taxpayers liable to tax audit were not required to furnish tax audit report while e- the return but were required to produce the same before the Tax Authority when called for. For tax year 2012-13, such taxpayers will need to independently e-file tax audit reports in addition to e- of return. For tax year 2011-12, taxpayers liable to transfer pricing audit were required to independently furnish hard copy of audit report on or before the due date to the Tax Authority in addition to of return. For tax year 2012-13, such taxpayers will need to independently e-file transfer audit reports in addition to of return. 7 Limited Liability Partnership

Other changes Disclosure of - As part of disclosure of, taxpayers who are trustees of trusts created under laws of a foreign country will need to additionally disclose particulars [8] of such trusts in the return form. Further, as part of instructions appearing below the return form, it is clarified that disclosure of any other foreign asset requires disclosure of which are in the nature of investment and not stock-in-trade or assets used for the purpose of business. Also, the requirement to disclose peak balances of financial interest in foreign entity, immovable property outside India and other has been omitted. Disclosure of assets/liabilities Following individual/huf taxpayers having taxable income exceeding INR 2.5 million will need to additionally disclose certain specified assets [9] and related liabilities: Taxpayers being partners in a firm, not carrying on any business or profession under any proprietorship and required to file return in ITR-3. The disclosure will be required if the specified assets are not captured in the Balance Sheet in the return of the firm. Comments Taxpayers will need to note the changes in the form and mode of the return for tax year 2013-14. There appears to be some ambiguity on furnishing of tax/transfer pricing/mat audit reports by the taxpayers. Currently, the e- website provides for voluntary upload (with digital signatures) of such reports by the auditors which a taxpayer can authenticate or reject. However, the rule as amended by the Notification requires electronic furnishing of the audit reports by the taxpayer itself. Mandatory e- of returns facilitates expeditious centralized processing of returns and grant of refunds to the taxpayers. Taxpayers carrying on business or profession who are required to file return in ITR-4. The disclosure will be required if the specified assets are not captured in the return under the Balance Sheet of the business/ profession. [8] Country name/code, name and address of trust, other trustees, settlor and beneficiaries [9] Land, building, financial assets (i.e. bank deposits, shares and securities, insurance policies, loans and advances, cash in hand), jewellery, bullion, archaeological collections, works of art, vehicles,yachts etc.

Our offices Ahmedabad 2nd floor, Shivalik Ishaan Near. C.N Vidhyalaya Ambawadi, Ahmedabad 380 015 Tel: + 91 79 6608 3800 Fax: + 91 79 6608 3900 Bengaluru 12th & 13th floor U B City Canberra Block No.24, Vittal Mallya Road Bengaluru 560 001 Tel: + 91 80 4027 5000 + 91 80 6727 5000 Fax: + 91 80 2210 6000 + 91 80 2224 0695 Prestige Emerald, No. 4, 1st Floor, Madras Bank Road, Lavelle Road Junction, Bangalore - 560001 Chandigarh 1st Floor SCO: 166-167 Sectr 9-C, Madhya Marg Chandigarh 160 009 Tel: + 91 172 671 7800 Fax: + 91 172 671 7888 Chennai Tidel Park, 6th & 7th Floor A Block (Module 601,701-702) No.4, Rajiv Gandhi Salai Taramani Chennai 600 113 Tel: + 91 44 6654 8100 Fax: + 91 44 2254 0120 Hyderabad Oval Office 18, ilabs Centre, Hitech City, Madhapur, Hyderabad 500 081 Tel: + 91 40 6736 2000 Fax: + 91 40 6736 2200 Kochi 9th Floor ABAD Nucleus NH-49, Maradu PO, Kochi 682 304 Tel: + 91 484 304 4000 Fax: + 91 484 270 5393 Kolkata 22, Camac Street 3rd Floor, Block C Kolkata 700 016 Tel: + 91 33 6615 3400 Fax: + 91 33 2281 7750 Mumbai 12 th, 14 th, 15 th & 16 th Floors, The Ruby 29 Senapati Bapat Marg Dadar (West) Mumbai 400 028 Tel + 91 22 6192 0000 Fax + 91 22 6192 1000 5th Floor, Block B-2, Nirlon Knowledge Park Off. Western Express Highway Goregaon (E) Mumbai 400 063 Tel: + 91 22 6192 0002 Fax: + 91 22 6192 3000 14, Mittal Chambers, 1st floor, Opp Inox Mall Nariman Point, Mumbai- 400021 Tel: + 91 22 6192 0040 NCR Golf View Corporate Tower B Near DLF Golf Course, Sector 42 Gurgaon 122 002 Tel: + 91 124 464 4000 Fax: + 91 124 464 4050 6th floor, HT House 18-20 Kasturba Gandhi Marg New Delhi 110 001 Tel: + 91 11 4363 3000 Fax: + 91 11 4363 3200 4th & 5th Floor, Plot No 2B, Tower 2, Sector 126, Noida 201 304 Gautam Budh Nagar, U.P. India Tel: + 91 120 671 7000 Fax: + 91 120 671 7171 Pune C 401, 4th floor Panchshil Tech Park Yerwada (Near Don Bosco School) Pune 411 006 Tel: + 91 20 6603 6000 Fax: + 91 20 6601 5900 Ernst & Young LLP (India) Assurance Tax Transactions Advisory About Ernst & Young Ernst & Young is a global leader in assurance, tax, transaction and advisory services. Worldwide, our 167,000 people are united by our shared values and an unwavering commitment to quality. We make a difference by helping our people, our clients and our wider communities achieve their potential. For more information, please visit www.ey.com/india Ernst & Young refers to the global organization of member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. Ernst & Young LLP (India) is one of the Indian client serving member firms of Ernst & Young Global Limited. Ernst & Young LLP (India) is a Limited Liability Partnership having its registered office at 22, Camac Street, Block C, 3 rd Floor, Kolkata- 700016 2013 Ernst & Young LLP (India) All Rights Reserved. Information in this publication is intended to provide only a general outline of the subjects covered. It should neither be regarded as comprehensive nor sufficient for making decisions, nor should it be used in place of professional advice. Ernst & Young LLP. (India) accepts no responsibility for any loss arising from any action taken or not taken by anyone using this material.