Compliance Manual F.Y. 2020 21 A.Y.2021 22 PDF
Compliance Manual F.Y. 2020 21 A.Y.2021 22 PDF
Compliance Manual F.Y. 2020 21 A.Y.2021 22 PDF
in
COMPLIANCE
MANUAL
A.Y. 2021-22
F.Y.2020-21
3rdEdition
www.taxguru.in
© Estep Filing Pvt. Ltd.
CA SAHIL GALA
CA RUCHI SANGHVI
CA PANKAJ LUNKAR
Price : Rs. 200/-
First Edition : May 2019
Second Edition : Sep 2019
Third Edition : April 2020
Published by
Estep Filing Pvt. Ltd.
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PREFACE
This compliance book aims at helping and providing practical
solutions and day to day compliance requirements to professionals,
entrepreneurs and all small to large businesses as it has summarized
provisions, charts and important notes with tables which can be
easily understood.
ACKNOWLEDGEMENT
3 | COMPANY ACT
3.1 INTRODUCTION --------------- 38
3.2 COMPANY FRESH START SCHEME 2020 --------------- 40
5 | 15 CA/CB PROCEDURE
1.1 15CA/CB PROCEDURE FLOW --------------- 43
6 | COVID -19
6.1 RELIEF MEASURES DUE TO COVID-19 --------------- 44
www.taxguru.in 1.1 | INCOME TAX RATES
Above Rs. 10,00,000 30% [2] Income Tax Rate for Partnership Firm:
1.2 Resident senior ci zen, i.e., every A partnership firm (including LLP)
individual, being a resident in India, who is of is taxable at 30%*.
the age of 60 years or more but less than 80
years at any me during the previous year: Surcharge:
12% of tax where total income
Net income range Income-Tax
Rate* exceeds Rs. 1 crore.
Up to Rs. 3,00,000 Nil *Health and Education cess :
Rs. 3,00,000 - 5,00,000 5% 4% of income tax and surcharge.
Rs. 5,00,000 - 10,00,000 20% [3] Tax Rate for Companies:
Rs. Above Rs. 10,00,000 30%
Domestic Companies:
1.3 Resident super senior ci zen, i.e., every Tax
Particulars
individual, being a resident in India, who is Rates
of the age of 80 years or more at any me Total turnover or gross receipts during the previous
during the previous year: year 2018-19 doesn't exceed Rs. 400 Crore 25%
Net income range Income-Tax Companies which does not claim certain specified
Rate* deduc ons or exemp ons and also does not take
benefit of carr y for ward of unabsorbed 22%
Up to Rs. 5,00,000 Nil deprecia on/loss (Sec 115BAA)
Rs. 5,00,000 - 10,00,000 20% Manufacturing company (registered on or a er
1.10.019 and commenced manufacturing on or
Rs. Above Rs. 10,00,000 30% before 31.03.2023) subject to certain condi ons
and which does not avail certain specified 15%
Surcharge: deduc ons or exemp ons and also does not take
benefit of carr y for ward of unabsorbed
Page 1
10% of income tax where total income deprecia on/loss not taken (115BAB)
exceeds Rs. 50 Lakhs uptoRs 1Crore.
Other than referred to in above 30%
15% of income tax where total income
exceeds Rs. 1 Crore upto Rs 2 Crore. Foreign Companies :
The tax rate for foreign company is 40%
Due Date Advance Tax Payable Before 15th March 2021 100% of advance tax
Advance tax is not payable when the tax liability does not exceed Rs 10,000/-.
Senior citizen not having any business or professional income is not required to pay
advance tax.
The undermentioned Allowances u/s 10(14) of the Income Tax Act, will continue to
remain allowable even under the New Regime of Personal Taxation.
Any Allowance granted to meet the cost of Any Allowance granted to meet the cost of
travel on tour or on transfer; travel on tour or on transfer;
Daily Allowance to meet the ordinary daily Daily Allowance to meet the ordinary daily
charges incurred by an employee on account charges incurred by an employee on account
of absence from his normal place of duty. of absence from his normal place of duty.
To avail the benefit of lower or concessional rate of tax, the society has to forego
the following deductions and exemptions-
Section Particulars
Section 10AA Exemption for newly established Units in Special Economic Zones
Note 1: Surcharge & HEC is not Note 2: Note 2: TDS Rate Note 3: In case of non-
deductible on payments made to without PAN-20% Flat resident, surcharge would be
residents, other than salary. (if TDS Rate is lower than 20%) applicable on TDS
NRI Investments in Shares / Mutual Funds attract TDS and below are the TDS
rate applicable on MF redemptions by NRIs for FY 2019-20.
Listed-20% (With
30% (Assuming
Indexation) and
Other than Equity Oriented Mutual Funds Investor in highest
Unlisted-10%
tax bracket)
(without Indexation)
TCS
Section Nature of Payment
Rate (%)
206C Scrap 1%
206C Any other forest produce not being a timber or tendu leave 2.5%
5%(10% for
206C TCS on selling of overseas tour package non PAN or
Aadhaar
cases)
5%(10% for
206C TCS on sale of any goods [except goods on which TCS applicable non PAN or
as per Section 206C (1), 206C (1F) and 206C (1G)] Aadhaar
cases)
Note 1: TCS Rates without PAN Double of TCS rates as above or 5%, whichever is higher
Page 7
54F Individual or Any LTCA New If Purchased Capital Gains* STCG On Sale of
HUF Only except Residential One year Amt New Asset + LTCG
Residential House(Only before or 2 Invested/net which was exempt
house 1 Residential years after Consideration earlier also taxable
House now sale date or If received.
allowed and Constructed, Deduction
that too in Within 3 years cant be more
India due to than amount
amendment) of capital
Page 8
gains
* Note : The amount of capital gain doesn’t exceed Rs. 2 Crore, the assesse can construct or purchase 2
residential house properties from AY 2020-21. This concession is available only once in life time.
54D Any Land, New Land or Within 3 Amt Invested STCG on Sale of
industrial Building used Building for years from or LTCG which New Asset (While
Undertaking( for 2 years industrial date of receipt ever is less Calculating
Any factory) prior to its purpose of Cost,Capital Gain
Compulsory acquisition for compensation exempt earlier will
Acquired business of be reduced from
industrial COA
undertaking
54G Any Building or New Land or Within 1 year Amt Invested STCG on Sale of
industrial Plant Building,plan before OR 3 or LTCG which New Asset (While
Undertaking( Machinery t or machine years after ever is Calculating
Any factory) land used less.(Amt Cost,Capital Gain
shifting from for 2 years Invested is exempt earlier will
Urban Area for business Cost of be reduced from
to Non of industrial Assets+ Cost COA
Urban Ares undertaking of Shifitng)
54GA Any Building or New Land or Within 1 year Amt Invested STCG on Sale of
industrial Plant Building, before OR 3 or LTCG which New Asset (While
Undertaking( Machinery plant or years after ever is Calculating
Any factory) land used machine less.(Amt Cost,Capital Gain
shifting from for 2 years Invested is exempt earlier will
Urban Area for business Cost of be reduced from
to Special of industrial Assets+ Cost COA
Economic undertaking of Shifitng)
Zone(SEZ)
Page 9
* Note : The cost of acquisition is the cost of owner or fair value of the asset as on 1st April 2001 at the
option of the assesse . The fair value of asset as on 1sr April 2001 shold not exceed the stamp duty value
as on 1st April 2001
(Tax rates mentioned above are excluding surcharge @10% on income between Rs 50 lakhs- to
Rs1crore & 15% on income above Rs 1 crore)
* Applicable only for the Shares sold through stock exchange in India on which Security transaction
Page 10
tax (STT) has been paid & Capital Gain Upto Rs. 1 Lakh.
Amount deductible as
Book Profit* remuneration under section 40(b)
Note : 1 In case of assesse Note : 2 For the limit of 5 Crore in cases where : Note : 3 Due date for return filing for
following the presumptive aggregate off all the receipts and payments in Audited Tax Payer :31st October
taxation scheme the limit is cash during the previous year do not exceed and due date of tax audit one month
uptoRs. 2 Crore. five percent of such receipts and payments . prior of filing due date i.e 30th
September.
NOTE : If profits are not in accordance with 44AD(1) for the said AY then for next
5 AY audit is COMPULSORY u/s 44AD(e) .
MORE THAN
N.A. N.A YES
5 CRORE
Page 13
1.9 DEDUCTION
Section Particulars Max. Deduction
16 Standard deduction in Salary 50,000
24 Home loan interest 2,00,000
80C LIC / PPF / KVP / EPF / SSY / NSC / HOME LOAN 1,50,000
PRINCIPAL / SCHOOL FEES/ ELSS/STAMP DUTY
80CCD(1B) NPS 50,000
80DD Exp of disabled dependent 75,000 / 1,25,000
80U own Physical Disability 75,000,/1,25,000
80TTA Interest on Savings Account. Only available to Persons 10,000
other than Senior citizen / Very senior citizen
80D Mediclaim For self, spouse and dependent children ( Only if 25,000/50,000
paid by cheque/ Bank Mode )
Up to Rs. 25,000 [ Rs. 50,000 if specified person is a senior
citizen or very senior citizen
80D Mediclaim For Parents
( Only if paid by cheque/ Bank Mode )
25,000/50,000
Upto Rs. 25,000 shall be allowed [Rs. 50,000 if parent is a
Senior citizen / Very Senior Citizen
80E Interest on loan taken for Higher Education Entire Interest Paid. For
Max 8 Years
80GGB/ Contribution given to political parties Indian Companies any person
80GGC (other than cash) other than Local Authority &
Artificial Judicial Firm
Page 14
4. Capital loss
Any income under
Short-term Short or long term
(a) the head of 8 Years Yes
capital loss capital gain
“Capital gains”
Long-term Long term Long term
(b) 8 Years Yes
capital loss capital gain capital gains
*Loss cannot be set off against winnings from lotteries, crossword puzzles, races including
horse races, card games or any other games or from gambling or betting of any form.
# From A.Y. 2018-19 , it provides that set off of loss under the head “ Income from House
Property “ against any other head of income shall be restricted to Rs. 2 lakh for any
Page 15
assessment year
Loss from a source can be set off only if its profit is taxable. If profits from a source are
exempt then its loss cannot be set off.
1.11 IsWhat is Gift tax in India? [4] Gift Tax on Movable property in
gift money taxable in India? India without consideration
If aggregate fair market value of movable
The following 5 categories of gift will properties such as shares and securities,
j e w e l l e r y, a r c h a e o l o g i c a l c o l l e c t i o n s ,
attract tax in India as per the current drawings, paintings or any work of art received
tax laws. without consideration during a previous year
exceeds Rs. 50,000/-, the whole of aggregate
[1] Any amount of money fair market value of movable properties will be
(in cash, cheque or draft) chargeable to tax.
If the total amount of money received by an [5] Movable property for a
individual from one or more persons during a consideration which is less than
previous year exceeds Rs. 50,000/-, the whole the fair market value
of such amount will be chargeable to tax. If you If movable property such as shares and
receive Rs. 40,000 as gift from anybody, there s e c u r i t i e s , j e w e l l e r y, a r c h a e o l o g i c a l
is no tax liability, but if you receive another Rs. collections, drawings, paintings or any work of
20,000 in the same year, you have to pay tax on art is received for a consideration which is less
the entire Rs. 60,000, because you have than the aggregate fair market value of the
property by an amount exceeding Rs. 50,000/-,
exceeded the limit of Rs. 50,000.
then the difference between aggregate fair
Gift Tax Rate in India market value and consideration is chargeable
to gift tax.
Now this Rs. 60000 will be added to your total
income and taxed according to your tax slab. How much money can be given
Suppose you are in 20% of tax slab and by to a family member as a gift ?
adding Rs. 60000 you come in 30% tax slab,
you would be taxed accordingly. Gift tax India – Blood Relative and
Family Exemptions
[2] Gift Tax on Immovable property in [1] Any amount / property received
India without consideration from a relative
If any immovable property (without any Yes, you can receive any amount as gift from
consideration) is received, the stamp duty your relative without any tax liability. Income
value of which exceeds Rs. 50,000/-, then the tax on gift received from parents is tax exempt.
stamp duty value will be chargeable to tax in Can husband give gift to his wife? The following
each such transaction. are the relatives considered for this exemption:
(a) Spouse of the individual
[3] Immovable property for a (b) Brother or sister of the individual
consideration which is less than (c) Brother or sister of the spouse of the
the stamp value individual
(d) Brother or sister of either of the parents of
If any immovable property is received for a
the individual
consideration which is less than the stamp
Page 16
(Male/Female)
Gift receiver
It is recommended that you keep documents
Individual
for all the gifts received, so that in case of any
scrutiny by tax officials, you can present the
details. Gifts by way of movable property is
required to be made in stamp paper and
stamped. Registration of gift deed is not
required in this case. But for making a gift of
immovable property, the transfer must be
effected by a registered gift deed. Gift of
immovable property which is not registered is
not valid as per law and cannot pass any title to
the receiver.
Gift tax in India – Conclusion
The Gift Tax was introduced in India in
1958, but gift tax in India is now coming
under the Income Tax Act.
So, if you are receiving more than Rs.
50,000 in a year from anybody other than
your relatives, please remember there is a
tax on that gift.
(C) TDS
201(1A) From required date for deduction to actual
Failure to deduct 1%
date of deduction
Failure to deposit in time 201(1A) From actual date of deduction to actual date of deposit 1.5%
(D) TCS
Appeal Fees:
Particulars CIT(A) u/s 249 ITAT u/s 253
No deduction shall be
Payment of Expenses on 10000/- per
35AD allowed in respect of such
Specified Business day per asset
expenditure.
No deduction shall be
Payment of Business Expenses 10000/- per
40A(3) allowed in respect of such
day to a person
expenditure.
Second
No deduction shall be
Payment made for plying, hiring Proviso 35000/- per
allowed in respect of such
or leasing goods carriages to 40A day to a person expenditure.
(3A)
Any Payment received:-
(a) in aggregate from a person in Penalty u/s 271DA equal to
a day; (b) in respect of a single the amount of such payment
transaction; or (c) in respect of 269ST 2,00,000/-
received by a person.
transactions relating to one event
or occasion from a person,
To remove cascading effect, it has been proposed to introduce a new section 80M under
the Income-tax Act, 1961 ('the Act') whereby a domestic company shall be eligible to
deduct from the amount of dividend paid by it such dividend income received from any
other domestic company. However, it is imperative to note that dividend received from
foreign companies will still be taxed and no deduction shall be allowed.
IMPLICATIONS
Note 1 : If Indian Citizen of Person of Indian Origin Note 4 : Above discussed amendments have
visiting India and having Indian Income exceeding potential to change the resdinetial status of certain
Rs. 15 Lakhs, becomes Indian resident if stays in Individuals from “Non – Resident” to “Not Ordinarily
India for 120 days in a relevant year or more but less Resident”. “Not – Ordinarily Resident” is a sub –
than 182 days and for 365 days in preceding four category of “resident”. Consequently, payment to
years to the relevant year. such Individuals shall mean payment to a resident.
Hence, provisions of Section 195 will not be
attracted in such cases.
Note 2 : Indian Citizen having Indian Income
exceeding Rs. 15 Lakhs and not liable to pay tax in
other countries by the reason of his residence/
Note 5 : Individuals who are tax residents of other
domicile etc, shall be deemed to be resident Indian.
countries and are also becoming resident of India
Kindly note that this does not apply to Person of
by virtue of above amendments, will always have
Indian Origin.
option to resort to DTAA. Provided India has DTAA
with such other country.
Note 3: cases referred to in Note 1 & Note 2 are
treated “Not – Ordinarily Resident”. Hence, in
addition to their Indian Incomes, foreign income
derived from business controlled from or profession
set up in India, shall be submitted to tax in India.
Page 23
registration is assessment
sought. year
from which
the registration
is sought.
2 Must have received the goods / services Must have completed invoice
5 matching and would have arrived at
3 Must have filed returns (GSTR 3) the final ITC post reversals
NOTE-1 : A taxpayer filing GSTR-3B can claim provisional Input Tax Credit (ITC) only to the extent of 10% of the
eligible credit available in GSTR-2A. The amount of eligible credit is arrived upon those invoices or debit notes, the
details of which have been uploaded by the suppliers in the GSTR-2A only. The new percentage applies from 1 Jan
2020 onwards only. The ITC claim was earlier restricted to 20% for the period from 9 Oct 2019 till 31 Dec 2019.
registered person
Important Point
Return once filed can not be revised.
UNDERSTANDING ASPECT
NORMAL NORMAL SAHAJ SUGAM
CONDITIONS (MONTHLY) (QUARTERLY) RET-2 RET-3
Filing Period Monthly Quarterly Quarterly Quarterly
Turnover below 5Cr with only B2C transactions Yes Yes Yes No
Turnover below 5Cr with only B2C and B2B transactions Yes Yes No Yes
Turnover below 5Cr with B2C, B2B, export transactions Yes Yes No No
Form PMT-09 is available on GST portal 2. This challan only allows shifting of the amounts that
are available in the electronic cash ledger.
Form PMT-09 enables taxpayer to transfer amount 3. The amount once utilized and removed from cash
from one minor head/ major head to another minor ledger cannot be reallocated.
head/major head. For instance, taxpayer has paid 4. Major head refers to- Integrated tax, Central tax,
₹5,000 under interest of CGST. Now by filing PMT-09, State/UT tax, and Cess.
he can shift that amount to late fess of SGST also. 5. Minor head refers to- Tax, Interest, Penalty, Fee
and Others.
Key Points to consider before filing PMT-09
Page 30
1. A casual taxable person (other than those GST REG-01 which is used by other taxable
making supply of specified handicraft goods) persons can be used for obtaining
making taxable supply in India has to registration by casual taxable person also.
compulsorily take registration. 6. Advance tax is to be paid based on
2. Casual Taxable persons making supply of estimated turnover while taking the
specified handicraft goods need to register registration.
only if their aggregate turnover crosses Rs. 7. The certificate of registration shall be valid
20 Lakh (Rs. 10 lakh for in case of Special for the period specified in the application for
Category States, other than the State of registration or ninety days from the effective
Jammu and Kashmir.). date of registration, whichever is earlier.
3. A casual taxable person cannot exercise the 8. A casual tax person shall not be required to
option to pay tax under composition levy. file any annual return as required by a
4. He has to apply for registration at least five normal registered taxpayer.
days prior to commencing his business in 9. A casual taxable can make payment from
India. DRC-03 in case of any liability arises after
5. There is no special form to register as a the expiry of the period of registration .
casual taxable person. The normal FORM
than the books of account, taxpayers capital of a taxpayer, as the assessee will
could still make their ITC claim in full in the be required to make GST payments in
GSTR-3B, and the unreflectedamount cash, despite having paid his supplier for
was treated as provisionalcredit. the tax invoice raised to him and having
eligible ITC in hisbooks.
D= B+C Total ITC that can be claimed in the GSTR-3B 1,00,000 66,000
Taxpayers
Outward Supplies (Sales) Turnover up Last day of the month succeeding quarter
to 1.5 Cr Quarterly filing
GSTR-1
Turnover above 1.5 Cr Monthly filing 11th of next month
CMP-08 Composition Tax Payer (Quarterly) 18th of the month succeeding quarter
GSTR-4 Annual Return for Composition Tax Payer 30th April following the financial year.
Group-2
24th of Next
Month
Group-1
22nd of Next
Month
Page 37
Company 5
1 Incorporation Issue of
Incorporation
Obtain certificate
DIN along with
PAN and
TAN
Depreciation Chart
Companies Act
No. Block of Assets I. Tax WDV% Useful life
(Years)
In case of double shift depreciation will be increased by 50% and in case of triple shift
Page 39
depreciation will be increased by 100% for that period for the single shift asset.
For Amortisation of Intangible Assets as per Companies Act 2013, the provisions of
accounting standards shall apply except in case of BOOT and BOT projects.
* The useful life of Motor Car as per Companies Act is 8 years.
1 Details in respect of designated partners and partners of Limited Liability Partnership Form 2A
Notice of appointment, cessation, change in name/ address/designation of a designated partner
2 Form 4
or partner. and consent to become a partner/designated partner
3 Notice of appointment, cessation, change in particulars of a partners Form 4A
9 Application and statement for conversion of a firm into Limited Liability Partnership (LLP) Form 17
Application and Statement for conversion of a private company/ unlisted public company into
10 Form 18
limited liability partnership (LLP)
11 Notice of intimation of Order of Court/ Tribunal/CLB/ Central Government to the Registrar Form 22
12 Application for direction to Limited Liability Partnership (LLP) to change its name to the Registrar Form 23
Application for reservation/ renewal of name by a Foreign Limited Liability Partnership (FLLP) or
14 Form 25
Foreign Company
15 Form for registration of particulars by Foreign Limited Liability Partnership (FLLP) Form 27
16 Return of alteration in the incorporation document or other instrument constituting or defining the Form 28
constitution; or the registered or principal office; or the partner or designated partner of limited
liability partnership incorporated or registered outside India.
17 Notice of (A) alteration in the certificate of incorporation or registration; (B) alteration in names Form 29
and addresses of any of the persons authorised to accept service on behalf of a foreign limited
liability partnership (FLLP) (C) alteration in the principal place of business in India of FLLP (D)
cessation to have a place of business in India
Form for intimating to Registrar of Firms about conversion of the firm into limited liability
20 Form 14
partnership (LLP). *(To be filled in physical form and submitted to Registrar of Firms)
10 Form-23 Application for direction to Limited Liability Partnership (LLP) to change its name
to the Registrar.
the principal place of business in India of FLLP (D) cessation to have a place of
business in India
S Whether
T Is Payment (i) Prior approval
to a NRI No Yes
A of RBI is not
Chargeable required(for Ind.)
R to tax? (ii) Nature in
T specified
list
Yes No information
to be submitted
No
be initiated for these non-payments. July 2020 and GSTR-4 till 15th July 2020.
8. Under Vivad se Vishwas Scheme, the date has 7. Extension also has been given to Taxpayer for
also been extended up to 30.06.2020. Hence, opting composition scheme for FY 2020-21 till
declaration and payment under the Scheme can 30th June 2020
be made up to 30.06.2020 without additional 8. The option to file GSTR-3B by EVC instead of
payment. DSC is made available on GSTN portal.
>Rs.5Cr Feb-20 20-03-20 21-03-20 04-04-20 05-04-20 24-06-20 21-03-20 24-06-20 24-06-20
Mar-20 20-04-20 21-04-20 05-05-20 06-05-20 24-06-20 21-04-20 24-06-20 24-06-20
Apr-20 20-05-20 21-05-20 04-06-20 05-06-20 24-06-20 21-05-20 24-06-20 24-06-20
May-20 27-06-20 N.A. N.A. N.A N.A. N.A. N.A. 27-06-20
>Rs.1.5Cr Feb-20 20-03-20 21-03-20 29-06-20 N.A. N.A. 21-03-20 29-06-20 29-06-20
to Rs.5Cr Mar-20 20-04-20 21-04-20 29-06-20 N.A. N.A. 21-04-20 29-06-20 29-06-20
Apr-20 22-05-20 23-05-20 30-06-20 N.A. N.A. 23-05-20 30-06-20 30-06-20
May-20 12-07-20 N.A. N.A. N.A N.A. N.A. N.A. 12-07-20
Feb-20 20-03-20 21-03-20 30-06-20 N.A. N.A. 21-03-20 30-06-20 30-06-20
Upto Mar-20 20-04-20 21-04-20 03-07-20 N.A. N.A. 21-04-20 03-07-20 03-07-20
Rs.1.5Cr
Apr-20 22-05-20 23-05-20 06-07-20 N.A. N.A. 23-05-20 06-07-20 06-07-20
May-20 12-07-20 N.A. N.A. N.A N.A. N.A. N.A. 12-07-20
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