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By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail:...

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By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: [email protected]
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Page 1: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

By CA. M. Lakshmanan,B. Com., F.C.A., DISA(ICAI).

Chartered Accountant, Madurai.

E-mail: [email protected]

Page 2: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

Applicable to returns filed electronically and for class of assessees specified in this behalf

Page 3: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

The following assessees have to file compulsorily e return only: - Limited Companies - Compulsory Audit Cases - from A.Y. 2012-13 Individuals/HUFs having Total Income above Rs. 10 Lakhs and assessees who have got foreign assets.

Page 4: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

To be filed with digital signature only for Limited Companies and for others whose accounts are audited u.s. 44 AB.If filed without digital signature the acknowledgement in Form V duly verified is to be sent to CPC within 120 days by ordinary or speed post.

Page 5: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

If ITR V is rejected because the same is unsigned, illegible, mutilated, bad quality or not as per specification it is deemed to have been not filed and the return is to filed once again followed by submission of ITR V .

Page 6: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

The Commissioner may condone the delay in a case or class of cases and he can call for fresh ITR V under special circumstances.

Page 7: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

ACKNOWLEDGEMENT OF RECEIPT OF ITR V This will be sent by CPC to the email address provided.If not received within a reasonable time it can be downloaded from ‘My Account” menu.

Page 8: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

REVISED RETURN OF INCOMEIf original is filed electronically the revised is to be filed electronically only.Centre will process only the revised return.

Page 9: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

INVALID or DEFECTIVE RETURNThe Commissioner may declare a return defective due to specific reasons and the same will be intimated to the assesseeIf revised return is not filed within the time specified the return filed will be rejectedThe Commissioner has got powers to condone the delay.

Page 10: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

PROCESSING OF RETURNSThe returns are processed after considering TDS/TCS and after verification of payment of taxes, intimations are generated and sent to assessees by e-mail.Refunds are sent through refund bankers.If there is demand the intimations are to be treated as demand notice u.s. 156.

Page 11: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

PROCESSING OF RETURNSIf for any reason the return could not processed the same will be transferred to the jurisdictional officer and the same will be intimated to assessee as communication via email.

Page 12: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

RECTIFICATION OF MISTAKEMistake apparent on recordOwn motion or application by assesseeTo be filed electronically onlyApplications are processed after being vetted by the tax officials in the CPC.Order u.s 154 is to be treated as demand notice u.s 156

Page 13: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

RECTIFICATION OF MISTAKEIf the error is due to data entry or software error the excess refund or reduction in demand will be corrected by CPC it on its own motion.If the rectification results in excess demand or reduction in refund intimation will be sent and reply by assessee is to be considered.

Page 14: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

ADJUSTMENT AGAINST OUTSTANDING TAX DEMANDAll outstandings as uploaded by the officer will be adjusted before issuing refund.

Page 15: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

APPELATE PROCEEDINGSAppeal shall lie with the CIT (Appeals) having jurisdiction over the assessing officer.Remand Reports and giving effect to the appellate orders shall be done by the Assessing officer.

Page 16: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

NO PERSONAL APPEARANCEAssessee or Authorised Representative shall not be required to appear at the centre.Written or electronic communication is sufficient.Centre can call for clarification, evidence or document, which are to be submitted electronically only.

Page 17: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

SERVICE OF NOTICE OR COMMUNICATIONBy PostDelivering or transmitting electronicallyPlacing the copy in the registered electronic accountAny of the modes mentioned in Sec 282(1).

Page 18: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

SERVICE OF NOTICE OR COMMUNICATIONDate of posting in the website/email is the date of service.Computer generated notices need not carry any signature.

Page 19: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

TO OPEN THE DOCUMENT PASSWORD IS REQUIREDIt is combination of PAN and Date of Birth/incorporation.This can be stored as a word file in the computer in the respective assessee’s file for easy retrieval at every time for opening the documents received.

Page 20: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

The process of request for re-sending of Intimation u/s 143(1)/154 and refund is available in ‘Services’ option. The Assessees who filed their income tax return online can request online for resending of their intimation under section 143(1) and section 154 of the Income tax Act, 1961. Assessee can also place request for re-issue of income tax Refund..

Page 21: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CENTRALISED PROCESSING OF RETURNS SCHEME 2011Infosys is the Technology Partner for

5 years from Feb 2009CPC enjoys concurrent jurisdiction

of all the officers in the countryStrength of Income Tax Staff at CPC

is 35Strength of Infosys Staff at CPC is

150Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 22: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CENTRALISED PROCESSING OF RETURNS SCHEME 2011CPC has got powers to - to process the income tax returns u/s.143(1) - to call for information u/s.133 - to rectify mistakes in processing of returns

u/s.154 - to declare returns of income as defective

u/s.139(9) - to issue notice of demand u/s.156, and - to set off or adjust refunds against

outstanding tax liability u/s.245.Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 23: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CENTRALISED PROCESSING OF RETURNS SCHEME 2011CPC can process more than 1,00,000

returns per day Presently CPC processes all the e-returns

filed in the country and the Physical Returns filed in Karnataka & Goa.

CPC is back office and not front office i.e. it carries out the instructions of CBDT

CPC does not have powers to give effect to Appeal Orders/audit objections

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 24: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CENTRALISED PROCESSING OF RETURNS SCHEME 2011COMMON MISTAKES found in e-

returns Non Generation of accurate x.ml file by

private software – differences in schedules

Depreciation as per Books as per I. T not shown

Chapter VI A Deductions not entered correctly

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 25: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CENTRALISED PROCESSING OF RETURNS SCHEME 2011COMMON MISTAKES found in e-returns

Mismatch between TDS claimed and Form 26AS, Wrong CIN of Challan

Mistakes in BSR Code, Date of Payment, Challan Serial No., Entering Major head as 400 instead of minor head 300 for self assessment tax

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 26: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CENTRALISED PROCESSING OF RETURNS SCHEME 2011COMMON MISTAKES found in e-

returns Wrong amounts entered in tax paid –

even difference of Re. 1/- the Challan will not be taken into account

Wrong PAN of the Deductee is quoted by Deductor

Wrong TAN of the Deductor is quoted by Deductee

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 27: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CENTRALISED PROCESSING OF RETURNS SCHEME 2011COMMON MISTAKES found in e-

returns Correct e-mail id should be given, to

which only communications will be sent and not the one registered on the website.

Correct address is to be givenITR V not sent in time – 7% of the

assessees didn’t send ITR V.Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 28: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

REQUEST BY CPC TO CA FRETERNITYTo encourage assessees to file e-returns

To encourage assessees to get DSCs

To send ITR V within timeTo ensure quality & size of paper

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 29: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

REQUEST BY CPC TO CA FRETERNITYWhile making a call to CPC in phone no.1800 425 2229 keep ready of the following:

PAN, Date of Birth/Date of incorporation and communication no. of the CPC document received.

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 30: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

REQUEST BY CPC TO CA FRETERNITYIf problem is not solved get the ticket

no. for future reference.If demand is paid there is no need to

send copies of Challans; it will be taken care by OLTAS.

While making entries for TDS, there is no need to enter all the certificates of the same Deductor; it is sufficient to fill the total amount under one TAN. Four quarterly certificates can be added together.

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 31: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

Practical Problems Why registered post is not accepted? - [2011] 16 taxmann.com

323(Bombay) Crawford Bayley & Co. vs. Union of India

Disallowances are not known – difference between returned income & assessed income.

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 32: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

Practical Problems Loss from House Property is adjusted

in Income from Salary.Depreciation is disallowed if

Depreciation Schedule is not filled in. Donation u.s. 80 G is not allowed if the

details of order of CIT granting exemption is not furnished in the return

Communication is received without attachment

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 33: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

Practical Problems Refund cheques are received or the

same is credited in the Bank Account without any intimation/rectification order

How much TDS is considered and how much interest is given is not ascertainable.

Non-existing demands are adjusted while granting refunds.

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 34: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CHANGES EXPECTED IN THE NEAR FUTUREPAN encrypted DSC or plain DSC if all

the directors are foreignersMethod of Accounting and claim for TDS

to be sorted out by jurisdictional officersCo-owners of Property and TDS

certificate is in the name of one owner.PAN of the Deductee not mentioned in

the TDS returnClubbing of Income – TDS is one PAN

and income offered in another PAN

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 35: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

SUGGESTIONSRegistered Post with ack. due is to

be acceptedDetails of disallowances should be

givenIn the ‘my account’ menu facility for

down loading intimation/rectification order should be made available

Mismatch in TDS between claim and Form 26AS should be given

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 36: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

SUGGESTIONSOld out standing demands uploaded

by the assessing officer should be made available so that the assessee can approach the concerned officer for deleting non-existing demands before the same are deducted from refunds.

Pendency of Appeals/Revisions can also be uploaded by the concerned officials so that the assessee can ascertain from the site the pending proceedings.

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 37: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

SUGGESTIONSDialogue Box/Bulletin Board should be provided in the “My Account” menu to accept word/excel documents wherein the assessees can upload their queries/doubts relating to the intimations, rectification orders, refunds etc.,

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 38: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

SUGGESTIONSUploading of payment of taxes

demanded by CPC as well as existing demands relating to earlier year should be made available.

Likewise assessees should be given option to upload pending refunds .

List of donations eligible for deduction u.s 80 G should be made available in the Income Tax site and link should be provided in the CPC.

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 39: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

SUGGESTIONSLIST of mistakes that can be

considered as “MISTAKES apparent on Record” should be provided so as to reduce the time in making an application, rejecting the same etc.,

As of now the following are not considered:

-- Depreciation -- Carry forward loss

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 40: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CASE LAWS Sending ack. by Post – [2011] 16 Taxmann.com. 323 (Bombay) HIGH COURT OF BOMBAY

- Crawford Bayley & Co. vs. Union of India.

Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 41: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CASE LAWS Carry forward loss - ITAT CHANDIGAR BENCH

Ambala Central Co-op Bank Ltd., vs. Income Tax Officer

IT APPEAL NO. 332 (CHD.) OF

2012 -Discussion on CPC by CA.M. Lakshmanan, Madurai

Page 42: By CA. M. Lakshmanan, B. Com., F.C.A., DISA(ICAI). Chartered Accountant, Madurai. E-mail: mlconet@hotmail.com.

CONCLUSIONThis presentation is not full coverage of

all the aspects of CPCCPC is in the initial stages and it is to be

fine tuned for which we have to share our experiences within ourselves and with the Department .

We have to be very attentive and file rectification petitions/appeals/stay petitions in time to avoid further complications.

Discussion on CPC by CA.M. Lakshmanan, Madurai


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