Friday, 10 January 2014

Service tax notification

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAODINARY, PART –II
SECTION 3, SUB - SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 17/2013-Service Tax
New Delhi, dated the 26th December, 2013.
G.S.R. 792  (E).– In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 6/2013-Service Tax, dated the 18th April, 2013 published in the Gazette of India, Extraordinary Part-II, Section 3, subsection(i), vide number G.S.R. 254 (E), dated 18th April, 2013, namely:-
In the said notification, in paragraph 3, in condition (a),-
(a)           in the first proviso, after serial number (xv) and the entry relating thereto,  the following serial numbers and entries shall be inserted, namely,-

 “(xvi)   Export of Meat and Meat Products;
  (xvii)  Export of Cotton;
  (xviii) Export of Cotton Yarn;
  (xix)   Export which are subject to Minimum Export Price or Export Duty:”;


(b)           in the second proviso, after serial number (xvii) and the entry relating thereto,  the following serial numbers and entries shall be inserted, namely,-

 “(xviii) Cotton (for the paragraph 3.14.5 of the Foreign Trade Policy);
(xix)   Cotton Yarn (for the paragraph 3.14.5 of the Foreign Trade Policy);
(xx)    Export which are subject to Minimum Export Price or Export Duty (for the paragraph 3.14.5 of the Foreign  
          Trade Policy);”.
 [F.No. 605/10/2013-DBK]

(Sanjay Kumar)
Under Secretary to the Government of India

Note: The Principal notification number 6/2013-Service Tax, dated 18th April, 2013 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 254(E), dated the 18th April, 2013 and was last amended by notification no. 11/2013 –Service Tax dated the 13th June, 2013 vide number G.S.R. 373 (E), dated the 13th June, 2013.


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202
LESSON - 16
ADVANCE TAX
Mr. Surender Munjal
STRUCTURE
16.0 Introduction
16.1 Objective
16.2 Advance Tax Scheme
16.3 Dates of Advance Tax
16.4 Let us Sum Up
16.5 Glossary
16.6 Self Assessment Exercise
16.0 INTRODUCTION
As you have already understood the calculation of taxable income and tax on it. In
the previous lesson you have also read about the payment of tax; you have read
that the tax liability of a person should be paid in the self-assessment u/s 140A.
Let us now elaborate further, if the tax payable is Rs. 5,000 or more, then the tax
is paid in the previous year itself. In other words, payment of tax is not allowed to
be deferred to the assessment year. Perhaps the motive of government is to collect
the big amount of tax at the earliest.
16.1 OBJECTIVE
After going through this lesson you will be able to understand when and how
advance tax is paid. The due dates for payment of advance tax, and the concept of
“the pay as you earn” scheme.
16.2 ADVANCE TAX SCHEME
Tax is paid in advance when the liability of advance tax is Rs.5, 000 or more. The
provisions of advance tax are applicable on all types of persons irrespective of the
residential status of the person. The advance tax is paid in the previous year itself.
Thus, the tax is paid in the year of earning of income, in other words the earning
of income and payment of tax goes simultaneously. Thus, the tax is paid as
income is earned. This scheme of advance payment of tax is also called pay as
you earn scheme, i.e., pay tax as you earn income.
16.3 DATES OF PAYMENT OF ADVANCE TAX203
 Advance tax is paid by the all persons, both corporate assessee (company
assessee) and non-corporate assessee (other than non-corporate assessee). The
advance tax is to be paid in the following installments on the following dates:
For Non-Corporate Assessee
Due Dates Amount of Tax payable
On or before 15 September - not less than 30% of tax payable
On or before 15 December - not less than 60% of tax payable
On or before 15 March - not less than 100% of tax payable
For Corporate Assessee
Due Dates Amount of Tax payable
On or before 15 June - not less than15% of tax payable
On or before 15 September - not less than 30% of tax payable
On or before 15 December - not less than 60% of tax payable
On or before 15 March - not less than 100% of tax payable
Since, the actual tax and actual income can be computed only after completion of
the year therefore, the income is estimated at different due dates mentioned above.
The tax on such estimated income is computed and percentage of the tax as
mentioned above is payable by the assessee at different due dates.
CHECK YOUR PROGRESS
Activity A: State whether Mr. X is liable to pay advance tax and if yes then what
amount should be paid by what date. The income of Mr. X is Rs. 2, 00,000.
Solution: The tax is Rs. 15,300 on income of Rs. 2, 00,000. Since, tax is more
than Rs. 5,000, therefore, advance tax is payable. The advance tax is payable as
under:
Since Mr. X is a non-corporate assessee therefore, the first installment will be due
on 15th September.
Date installment total
tax paid
On or before 15th September - first 30% of Rs. 15,300 = Rs. 4,590 Rs.
4,590
On or before 15th December - next 30% of Rs. 15,300 = Rs. 4,590 Rs.
9,180
On or before 15th September - balance 40% of Rs. 15,300 = Rs. 6,120 Rs.
15,300 204
16.4 LET US SUM UP
All persons whose tax liability is Rs. 5,000 or more pay advance tax. Advance
payment of tax is made in installments. The first installment is paid on 15th June
by corporate assessee while non-corporate assessee pays the first installment on
15th September. The whole of advance tax is paid by 15th March by both corporate
and non-corporate assessee. The payment of advance tax is thus made in the
previous year itself and therefore, it helps government to speed up payment of tax
and earn interest on it. Since advance tax is paid simultaneous to earning of
income therefore the scheme of advance payment of tax is also known as pay as
you earn scheme.
16.5 GLOSSARY
Corporate: Corporate means an organization which is registered under any act
and therefore it is recognized by law as a separate legal entity, e.g., A Company,
A Society etc.
16.6 SELF ASSESSMENT EXCERCISE
1. Discuss the provisions of the advance Tax in the income tax act.
2. Mr. X estimate his income to be Rs. 1, 50,000 is he required to pay
advance tax. If yes then what is the amount of tax payable on 15th
September.
3. Write Short notes on:
a. Due dates of payment of advance tax
b. Pay as you earn scheme http://www.tnvat.gov.in/English/GOsNotification/GO118_031208.pdf

Advance tax


ADVANCE TAX 

STRUCTURE
16.0 Introduction
16.1 Objective
16.2 Advance Tax Scheme
16.3 Dates of Advance Tax
16.4 Let us Sum Up
16.5 Glossary
16.6 Self Assessment Exercise
16.0 INTRODUCTION
As you have already understood the calculation of taxable income and tax on it. In
the previous lesson you have also read about the payment of tax; you have read
that the tax liability of a person should be paid in the self-assessment u/s 140A.
Let us now elaborate further, if the tax payable is Rs. 5,000 or more, then the tax
is paid in the previous year itself. In other words, payment of tax is not allowed to
be deferred to the assessment year. Perhaps the motive of government is to collect
the big amount of tax at the earliest.
16.1 OBJECTIVE
After going through this lesson you will be able to understand when and how
advance tax is paid. The due dates for payment of advance tax, and the concept of
“the pay as you earn” scheme.
16.2 ADVANCE TAX SCHEME
Tax is paid in advance when the liability of advance tax is Rs.5, 000 or more. The
provisions of advance tax are applicable on all types of persons irrespective of the
residential status of the person. The advance tax is paid in the previous year itself.
Thus, the tax is paid in the year of earning of income, in other words the earning
of income and payment of tax goes simultaneously. Thus, the tax is paid as
income is earned. This scheme of advance payment of tax is also called pay as
you earn scheme, i.e., pay tax as you earn income.
16.3 DATES OF PAYMENT OF ADVANCE TAX203
 Advance tax is paid by the all persons, both corporate assessee (company
assessee) and non-corporate assessee (other than non-corporate assessee). The
advance tax is to be paid in the following installments on the following dates:
For Non-Corporate Assessee
Due Dates Amount of Tax payable
On or before 15 September - not less than 30% of tax payable
On or before 15 December - not less than 60% of tax payable
On or before 15 March - not less than 100% of tax payable
For Corporate Assessee
Due Dates Amount of Tax payable
On or before 15 June - not less than15% of tax payable
On or before 15 September - not less than 30% of tax payable
On or before 15 December - not less than 60% of tax payable
On or before 15 March - not less than 100% of tax payable
Since, the actual tax and actual income can be computed only after completion of
the year therefore, the income is estimated at different due dates mentioned above.
The tax on such estimated income is computed and percentage of the tax as
mentioned above is payable by the assessee at different due dates.
CHECK YOUR PROGRESS
Activity A: State whether Mr. X is liable to pay advance tax and if yes then what
amount should be paid by what date. The income of Mr. X is Rs. 2, 00,000.
Solution: The tax is Rs. 15,300 on income of Rs. 2, 00,000. Since, tax is more
than Rs. 5,000, therefore, advance tax is payable. The advance tax is payable as
under:
Since Mr. X is a non-corporate assessee therefore, the first installment will be due
on 15th September.
Date installment total
tax paid
On or before 15th September - first 30% of Rs. 15,300 = Rs. 4,590 Rs.
4,590
On or before 15th December - next 30% of Rs. 15,300 = Rs. 4,590 Rs.
9,180
On or before 15th September - balance 40% of Rs. 15,300 = Rs. 6,120 Rs.
15,300 204
16.4 LET US SUM UP
All persons whose tax liability is Rs. 5,000 or more pay advance tax. Advance
payment of tax is made in installments. The first installment is paid on 15th June
by corporate assessee while non-corporate assessee pays the first installment on
15th September. The whole of advance tax is paid by 15th March by both corporate
and non-corporate assessee. The payment of advance tax is thus made in the
previous year itself and therefore, it helps government to speed up payment of tax
and earn interest on it. Since advance tax is paid simultaneous to earning of
income therefore the scheme of advance payment of tax is also known as pay as
you earn scheme.
16.5 GLOSSARY
Corporate: Corporate means an organization which is registered under any act
and therefore it is recognized by law as a separate legal entity, e.g., A Company,
A Society etc.
16.6 SELF ASSESSMENT EXCERCISE
1. Discuss the provisions of the advance Tax in the income tax act.
2. Mr. X estimate his income to be Rs. 1, 50,000 is he required to pay
advance tax. If yes then what is the amount of tax payable on 15th
September.
3. Write Short notes on:
a. Due dates of payment of advance tax
b. Pay as you earn scheme