Tuesday, 16 August 2016

Avoid Income Tax Notices

KNOW SOME COMMON REASONS; WHY TAX AUTHORITIES SEND YOU NOTICES


The Income Tax Department has always been a nightmare between business owners for long. Although the taxpayers file their returns within due time and paying all taxes they still have chances to receive Income Tax Notices that further give rise to many hassles & mental agony among the tax payers.

Recently the IT Department has launched a drive to ensure greater tax compliance; thousands of taxpayers have been served notices after discrepancies were noted in their tax returns or their TDS details during last three months. This sudden rise in the number of tax notices is not because people have stopped paying taxes or filing their returns. It’s just because the tax authorities now have an integrated database on taxpayers and tracking various financial transactions about all pan holders. Here are some common mistakes that give a chance to IT Department to send you an IT Notice. Be careful for the following things to avoid such communication of IT Department.

1.    Not filing returns if income is above 2.5 lakh


If your gross taxable income before deduction under any section is above 2.5lakh, it is mandatory for you to file your return. If you don’t file it, you can be slapped with a penalty of up to 300% of the outstanding tax. Even if there is no tax liability, you have to file the return if the gross income before various deductions is more than the basic exemption limit.

2.    Not filing return by the due date


All company assesse & businesses required to get their accounts audited, all such cases are required to file their IT returns by 30th September each year while all other filers have 31st July as their last date. You can file your income tax return till the end of the assessment year if there is no tax due. For example, the tax return for 2012-13 can be filed till 31 March 2014 without incurring any penalty if the tax has been paid. But if some tax remains unpaid, filing your return after the deadline could lead to a penalty of 5,000. Also, you are not allowed to carry forward losses or revise the return if you file after the due date.

3.    Ignoring Form 26AS before ITR filing


The Form 26AS is a gist of all the taxes paid by an individual during a financial year or credited to his account through TDS deducted by various sources. You can easily access your Form 26AS online. Some banks also provide this facility to their Net banking customers. Any income shown in your Form 26AS but not shown in your return or any tax credit being claimed in your ITR but not being shown in your 26AS statement; is an invitation to IT notice from department. Therefore make yourself double sure before filing your IT Return that all the Information given are correct.

4.    Not mentioning AIR Details


The IT Return form requires every assessee to fill detail about 8 big cash/ bank transactions; to which most of the assessee take very lightly. This column requires information like cash deposit into saving banks, property purchases, Investments in units, shares, debentures, etc. Such avoidance may become a call to communication from income tax department; therefore you must be careful in writing AIR details in your IT returns.

5.    Not declaring the previous employer’s income


This is a common problem and was easily missed by the tax authorities in the past. However, now that the tax database has been integrated, don’t think you can ignore your income from a previous job. If your employer deducted TDS on your income, the details would be in your Form 26AS, and the CASS will immediately flag this discrepancy. You can be levied a penalty of up to 300% of the tax evaded.

6.    Not declaring interest on deposits and savings


The interest earned on bonds, fixed deposits, recurring deposits and savings accounts is taxable and should be mentioned in your tax return. Up to 10,000 earned on your savings bank account is tax-free, but it still needs to be included in your total income for the year. Likewise, the PPF interest income is tax-free, but should be included in the exempt income. Interest on savings account is exempt up to 10,000 for the assessment year 2013-14; while interest from post office savings is exempt up to 4,000, or 8,000 for joint accounts.

7.    Mismatch in income and expenses & investments


Financial services firms, registration authorities and merchant establishments are supposed to report certain high-value transactions to the CBDT. The Income Tax Department gets all information on the basis of your PAN. The CASS matches this information with the returns filed by the taxpayer and promptly issue a notice if there is a mismatch in the income you have declared and your investments and spending.

8.    Avoiding TDS by misusing Forms 15G and 15H


If the interest income on bank deposits exceeds 10,000 a year, the bank deducts TDS. You can avoid TDS by submitting Form 15G or 15H if you are not liable to tax. However, if you are trying to avoid tax liability, you can get a notice from the tax department. Submitting a wrong declaration can invite a penalty of 10,000. Splitting the deposits in different banks or branches to avoid TDS won't help as the PAN gives you away.

 

9.    Not mentioning PAN or quoting incorrect PAN


PAN is now mandatory for high-value transactions. If you do not submit it while making an investment or taking up a job, your income will be subjected to a higher TDS of 20%, instead of 10%. If the PAN is incorrect, you could even be slapped with a penalty of up to 10,000. The bigger problem of an incorrect PAN is that the TDS will not be credited to your account.

10. Not responding to notice from tax department



Don’t ignore the messages and notices from the tax department. If you do not respond, the interest and penalty keeps on increasing in case of any pending tax liability and the Income Tax Department will take a final decision; one sided & that may not be beneficial for you.


CA Jai Sethi
Jai@neusourceindia.com
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Trademark Registration Benefit


Intangible Asset

TradeMark is an identifiable intengible property in the legal sense. After registration, it can be hypothecated as security for a bank loan or can be licensed or transferred against any fees or compensation.

Unique Identity

TradeMark registration creates unique identity & brings publicity for the Business; as it gets published at trademark website and trademark journal. Business also get natural preference over unregistered trademarks.

Global Registration

TradeMark is not a global right, it's territorial in nature. If we get it registered in India, it shall provides protection & right not only in India but shall also help to register same trademark in any other country.

Exclusive Right

TradeMark gives right of exclusive use to owner in respect of specific catagory of goods or services covered. Owner of the mark can use the mark for himself, give use licence to others & also can sell the mark as per will.

Protection 

TradeMark protects the owner from infringement and gives absolute control over use of brand. Owner can also prevent unauthorized usage or duplicacy by serving infringement notice and involving due legal process.

Secured Name

Owner of the applied/registered trademark stands better chance to get early name approval from "Ministry of company affaires" or other Name Registrars. It also secures the same name registration by someone else.


Click Here to Register Your TradeMark

TradeMark Registration Process




Click Here to Know More

Internal Audit




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Private Limited Company Registration Process



Click here to Know More

DVAT Registration Process



Click Here to Know More

Private Limited Company Registration Benefit




Many people opt to set up private limited firms, so structuring your business in this way permits your firm finances to be separated from your private finances. Corporation tax must be paid out of any incomes and the remaining incomes available for distribution can then be paid as a divided to shareholders. Directors run restricted firms and own legal duties, primarily to the firm and its shareholders.

Running a private limited company
Setting up a private limited firm can suit all sizes of business and gives various benefits over operating as an individual trader or partnership. But it also produces more official documentation and paperwork, which is released at Companies house.

If you select to set up a private limited firm, registration with Companies House is very important and this contains selecting a name which has not already been taken. Putting a place a shareholders’ agreement at begin can reject potential future conflict. Directors will be liable for working the firm and have different lawful duties, among them ensuring that a yearly return is presented every year, whether or not the firm is trading. Statutory account will generally also need to be submitted to Companies House. Keeping board minute can support to make sure the directors consider their liabilities when making plans and are a legal need in their own right.If the firm wants to appoint a non-executive director, an appointment letter can lay out their terms, helping to perfect this relationship. Finally, if the firm needs to borrow or lend money from another firm for funding objective, a professional written credit agreement is very vital.

In this page, we look at reasons you should opt for a private limited company.

Limit the danger to personal assets
Profit and loss are part of a business. Therefore, it is vital to be saved against losses, to save our near and loved ones in case of money problems. If a business owner has a “restricted liability”security, it means that only the assets of the business are at danger, and not the promoters personal assets such as cars, personal bank accounts and houses.

Therefore, it is vital to register an entity that gives limited liability security to its shareholders, such as private limited firm, an ones personal company, limited liability partnership, or a limited company.

Attract funding
Funding is very important for maintaining, starting and growing a business. A business can be self-funded, funded by family and friends or by equity or debt. Growing a business today needs all kinds of funding. Limited liability partnerships, partnership firms, and proprietorships cannot issue shares, and thereby unable to encourage equity funding. This disadvantage could be critical in the growth of a business, wherein the business needs equity capital from sources like family, friends, and private equity or angel investors firms to grow a fast.


Today little businesses are being out-competed by bigger businesses. Hence, it is important for all businesses to grow fast, and have the capability to attract funding from any source. Thus, a private limited firm is the perfect kind of business entity for growing businesses.

Better business credibility
Today customers, investors and vendors look for credibility in the businesses they deal with. If a business is begun as a partnership firm or proprietorship, the business is not registered with Corporate Affairs Ministry and cannot be placed in the LLP database or online company.

In beginning a private limited firm, the information relating to the firm, such as name of the
firm, registered office address, date of incorporation, status of the firm, and other detail are
made available in a publicly searchable database. This spec makes it simple to authenticate the existence of the business, better business credibility.

Build a best team
Best businesses are a product of best teams. Success in business is no longer determined by the abilities of one person. Victory in business is now determined by having the capability to fast build amazing teams.

Today, top performing workers are looking for more thing than just a standard salary. Therefore, to attract and retain best talent, businesses are offering number of advantages like flex-time, stock ownership and training. One of the advantages provided, stock ownership is one of the most valued among existing workers or prospective hires. Workers who have stock rights or ESOPs feel they are part of the business, and it support better retention, morale and profits.

Therefore, it is vital to any business today to have the option of providing stock ownership or ESOP to workers. Only private limited firms and limited firms can provide ESOP and stock ownership plans.

An Exit plan
Most firms, while starting their businesses, only imagine about spreading their businesses, and they do not have an exit plan. An exit plan is important for every business to capitalize, and for entrepreneurs to get prized for all hard jobs. Additional, the entity choice made at begin of the business, without any consideration for exit plan, could have large implications down the road.

Private limited firms provide the top kind of exit strategy for all promoters. Starting a limited firm provides a best edge in planning and executing a business exit plan.

Track multiple opportunities
Successful entrepreneurs are generally serial entrepreneurs, who go on to repeat the victory they have in one business in multiple other ventures. They are also best at spotting opportunities early on and fast move to exploit it.

Businesses begun as a partnership or proprietorship would have trouble pursing many opportunities that come their way, as they are not considered individual legal entities are tied to the promoter. Beginning a private limited firm, on the other hand, would permit the promoter to follow multiple opportunities as the business evolves over time.

Going international
The internet has made the globe a smaller place. Gone are the days when Indian firms would develop products for overseas businesses. Today, Indian businesses are developing products that race on an international scale, and Indian businesses are begun with aspirations to becoming multinational corporations. Collaborations with foreign business play a vital role in the way to becoming a multination corporation.

Private limited firms are limited firms are the only kinds of entities that permit or for foreign direct investment of up to hundred percent through the mechanical route, meaning any foreign person or foreign entity in a firm without any prior administration approval. Entities like partnership, proprietorship and limited liability partnership need prior approval from the administration to accept investment from foreign entities. Therefore, if your business has aspiration for going international, then it is remarkable to begin to a private limited firm.

Beginning a business is one of the most rewarding and amazing experience of anyone’s life. One of the best decisions made by entrepreneur while beginning this way is the selection of this business entity. The choice of business entity has strong implications for throughout the business life-cycle. Hence, it is vital to talk your business plan with an expert, and select an entity that will support the vision of the business.



CA Hemant Gupta
hemant@neusourceindia.com
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