Thursday, 4 August 2016

Goods and Services Tax (GST)

                Goods and Services Tax (GST)

Finally wait Ends-:GST Bill Passed in Rajyasabha-:
The Rajya Sabha on Wednesday passed the Goods and Services Tax (GST) Constitutional Amendment Bill which the Lok Sabha had already approved last year. The exact rate of the tax will only be decided in the weeks or months ahead. The 66-year-old Constitution, which gives power to Centre to levy taxes like excise, and empowers states to collect retail sales taxes, was amended though the 122nd Constitution Amendment Bill. Dubbing passage of the GST Constitution Amendment Bill as historic, Finance Minister Arun Jaitley said manufacturing taxes and VAT will come down with the new national sales tax but the same for services tax will be decided by states and centre. A finance ministry panel has suggested the standard GST rate of 18%, with a 12% lower and a 40% higher rate.

Take a look at GST -:
What is GST? How does it work???
GST is one indirect tax for the whole nation, which will make India one unified common market.
                      GST is a single tax on the supply of goods and services, right from the manufacturer to the consumer. Credits of input taxes paid at each stage will be available in the subsequent stage of value addition, which makes GST essentially a tax only on value addition at each stage. The final consumer will thus bear only the GST charged by the last dealer in the supply chain, with set-off benefits at all the previous stages.

What are the benefits of GST?
 The benefits of GST can be summarized as under:
A) For business and industry -:
·        Easy compliance: A robust and comprehensive IT system would be the foundation of the GST regime in India. Therefore, all tax payer services such as registrations, returns, payments, etc. would be available to the taxpayers online, which would make compliance easy and transparent.

·        Uniformity of tax rates and structures: GST will ensure that indirect tax rates and structures are common across the country, thereby increasing certainty and ease of doing business. In other words, GST would make doing business in the country tax neutral, irrespective of the choice of place of doing business.

·        Removal of cascading: A system of seamless tax-credits throughout the value-chain, and across boundaries of States, would ensure that there is minimal cascading of taxes. This would reduce hidden costs of doing business.

·        Improved competitiveness: Reduction in transaction costs of doing business would eventually lead to an improved competitiveness for the trade and industry.

·        Gain to manufacturers and exporters.

B) For Central and State Governments -:

·        Simple and easy to administer: Multiple indirect taxes at the Central and State levels are being replaced by GST. Backed with a robust end-to-end IT system, GST would be simpler and easier to administer than all other indirect taxes of the Centre and State levied so far.

·        Better controls on leakage: GST will result in better tax compliance due to a robust IT infrastructure. Due to the seamless transfer of input tax credit from one stage to another in the chain of value addition, there is an inbuilt mechanism in the design of GST that would incentivize tax compliance by traders.

·        Higher revenue efficiency: GST is expected to decrease the cost of collection of tax revenues of the Government, and will therefore, lead to higher revenue
efficiency.

C) For the consumer -:
·        Single and transparent tax proportionate to the value of goods and services: Due to multiple indirect taxes being levied by the Centre and State, with incomplete or no input tax credits available at progressive stages of value addition, the cost of most goods and services in the country today are laden with many hidden taxes. Under GST, there would be only one tax from the manufacturer to the consumer, leading to transparency of taxes paid to the final consumer.

·        Relief in overall tax burden: Because of efficiency gains and prevention of leakages, the overall tax burden on most commodities will come down, which will benefit consumers.

Which taxes at the Centre and State level are being subsumed into GST?
At the Central level, the following taxes are being subsumed:
   A. Central Excise Duty,
   B. Additional Excise Duty,
   C. Service Tax,
   D. Additional Customs Duty commonly known as Countervailing
        Duty, and
   E. Special Additional Duty of Customs.

At the State level, the following taxes are being subsumed:
   A. Subsuming of State Value Added Tax/Sales Tax,
   B. Entertainment Tax (other than the tax levied by the local bodies),
        Central Sales Tax (levied by the Centre and collected by the
        States),
   C. Octroi and Entry tax,
   D. Purchase Tax,
   E. Luxury tax, and
   F. Taxes on lottery, betting and gambling

These things would be costlier:
Banking services, insurance premium and investment management, Eating out, Mobile calls and mobile, Travelling, Cigarettes, Textile and branded jewellery, Beauty parlor etc. are likely to cost more.
These things would be cheaper:
Cars, Construction sector, paints and cement, movie tickets, consumer durables and electronics like fans, water heaters, AC etc. are also likely to be cheaper.
How would GST be administered in India?

Keeping in mind the federal structure of India, there will be two components of GST – Central GST (CGST) and State GST (SGST). Both Centre and States will simultaneously levy GST across the value chain. Tax will be levied on every supply of goods and services. Centre would levy and collect Central Goods and
Services Tax (CGST), and States would levy and collect the State Goods and Services Tax (SGST) on all transactions within a State.
                                                                                                   The input tax credit of CGST would be available for discharging the CGST liability on the output at each stage. Similarly, the credit of SGST paid on inputs would be allowed for paying the SGST on output. No cross utilization of credit would be permitted.

When will it take effect??????

The government is targeting July 2017 for GST to be in place. However, there is a lot of work to be done before then.GST is designed to be electronic with no manual filing of returns necessitating a vast IT infrastructure.
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Tuesday, 2 August 2016

Company Accounts -: Introduction

MEANING 0F COMPANY:

The word ‘company’ is derived from the Latin word ‘com’ i.e. with or together and ‘panis’ i.e. bread.  Originally the word referred to an association of persons or merchant men discussing matters and taking food together. However, in law ‘company’ is termed as company which is formed and incorporated under the Companies Act, 2013 or an existing company formed and registered under any of the previous company laws. As per this definition of law, there must be group of persons who agree to form a company under the law and once so formed, it becomes a separate legal entity having perpetual succession with a distinct name of its own and a common seal. Its existence is not affected by the change of members.

According to justice Marshall of USA “A corporation is an artificial being, invisible, intangible and existing only in the contemplation of law.

Salient feature of a company:
   (a) Incorporate Association;
   (b) Separate legal Entity;
   (c) Perpetual Existence
   (d) Common seal;
   (e) Limited liability;
   (f) Distinction between ownership and management;
   (g)Not a citizen;
   (h) Transferability of shares;
   (i) Maintenance of books;
   (j) Periodic Audit;
   (k)Rights of access to information.



Types of company:

1. GOVERNMENT COMPANY:  According to Section 2(45) of the Companies Act, 2013, Government company means any company in which not less than fifty one per cent of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary  company of such a Government company.

2. FOREIGN COMPANY: According to Section 2 (42) of the Companies Act, 2103, Foreign company means any Company or body corporate incorporated outside India which
(a) has a place of business in India whether by itself or through an agent physically or through        electronic mode.
(b) conducts any business activity in India in any other manner.


3. PRIVATE COMPANY:
Section 2(68) of the Companies Act, 2013 defines Private company as a company having a  minimum paid-up share capital of 1 lakh rupees or such higher paid-up share capital as may be prescribed, and which by its articles,
(i) Restricts the right to transfer its shares.
(ii) Except in case of One Person Company, limits the number of its members to two     hundred:
Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this sub-clause, be treated as a single member:
Provided further that ;-
      (A) persons who are in the employment of the company.
(B) Persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members.
(iii) prohibits any invitation to the public to subscribe for any securities of the company. Shares of a Private Company are not listed on Stock Exchange.


4. PUBLIC COMPANY: Section 2(71) of the Companies Act, 2013 defines Public Company as a company which (a)  is not a private company; (b) has a minimum paid-up share capital of five lakh rupees or such higher paid-up capital, as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles.
5. ONE PERSON COMPANY :Section 2 (62) of the Companies Act, 2013 defines One Person Company as a company which  has only one person as a member;

6. SMALL COMPANY:
Section 2(85) of the Companies Act, 2013 defines Small company means a company, other than a public company, -
(i) Paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than five crore rupees; or
(ii) Turnover of which as per its last profit and loss account does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than twenty crore rupees:
7. LISTED COMPANY:As per Section 2 (52) of the Companies Act, 2013, listed company means a company which has any of its securities listed on any recognised stock exchange. The company, whose shares are not listed on any recognized stock exchange, is called ‘‘Unlisted Company . In case of private companies, shares are not listed in any stock exchange.
8. UNLIMITED COMPANY: Section 2 (92) of the Companies Act, 2013 defines Unlimited company means a company not having any limit on the liability of its members.

9. COMPANY LIMITED BY SHARES: As per Section 2(22) of the Companies Act, 2013, Company limited by shares means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them.


10. COMPANY LIMITED BY GUARANTEE: As per Section 2(21) of the Companies Act, 2013, company limited by guarantee means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up.

11. HOLDING COMPANY: According to Section 2 (46) of the Companies Act, 2103, Holding company, in relation to one or more other companies, means a company of which such companies are subsidiary companies.

12. SUBSIDIARY COMPANY:
Section 2(87) of the Companies Act, 2013 defines subsidiary company as a company in which the holding company:
(i) Controls the composition of the Board of Directors; or
(ii) Exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:
A company shall be deemed to be a subsidiary company of the holding company even if there is indirect control through the subsidiary company(ies). The control over the composition of a subsidiary company
s Board of Directors means exercise of some power to appoint or remove all or a majority of the directors of the subsidiary company.
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