Investment(Savings)

GST, Income Tax, Investment(Savings)

ITR Filings

What is the meaning of income tax? Taxes are of two types, namely, ‘Direct Tax’ and ‘Indirect Tax’. Taxes that are directly levied on the income is known as ‘Direct Tax’ For e.g. ‘Income Tax’. The income earned is divided into the following ‘Heads of Income’- 1. Income from Salary, 2. Income from House Property, 3. Income from Business and Profession, 4. Income from Capital Gain, and 5. Income from Other Sources. How is income tax calculated? The Income Tax is calculated based on the ‘income tax slab rates’ as applicable during the respective Financial Year. Income tax slab rates (both old and new tax regime) as applicable for the Financial Year 2020-2021 (i.e., the Assessment Year 2021-2022) is briefed hereunder- OLD TAX REGIME- Tax slab for individuals- Individual (resident or non-resident) Resident senior citizen(i.e., age group 60 years or more but less than 80 years) Resident super senior citizen(i.e., age group above 80 years) Net Income Tax Rates Net Income Tax Rates Net Income Tax Rates Up to INR 2,50,000 NIL Up to INR 3,00,000 NIL Up to INR 5,00,000 Nil INR 2,50,001 – INR 5,00,000 5% INR 3,00,001 – INR 5,00,000 5% INR 5,00,001 – INR 10,00,000 20% INR 5,00,001 – INR 10,00,000 20% INR 5,00,001 – INR 10,00,000 20% Above INR 10,00,000 30% Above INR 10,00,000 30% Above INR 10,00,000 30% – – Tax slab for HUF, AOP and BOI or any other artificial juridical person- Net Income Tax Rates Up to INR 2,50,000 NIL INR 2,50,001 – INR 5,00,000 5% INR 5,00,001 – INR 10,00,000 20% Above INR 10,00,000 30% NEW TAX REGIME- Tax slab for individual and HUF- Total Income Tax Rates Up to INR 2,50,000 NIL INR 2,50,001 – INR 5,00,000 5% INR 5,00,001 – INR 7,50,000 10% INR 7,50,001 – INR 10,00,000 15% INR 10,00,001 – INR 12,50,000 20% INR 12,50,001 – INR 15,00,000 25% Above INR 15,00,000 30% OTHER INCOME TAX SLABS- Partnership firm (including LLP) and the local authority are taxed at the rate of 30%. Domestic company- Normal Rate Special Rate Particulars Tax Rates Particulars Tax Rates Turnover or gross receipts up to INR 400 Crores in the Financial Year 2019-2020 25% As per section 115BA 25% Others 30% As per section 115BAA 22% – – As per section 115BAB 15% Co-operative society- Income Tax Rates Up to INR 10,000 10% INR 10,001 – INR 20,000 20% Above INR 20,000 30% It is important to note that ‘Surcharge’ and ‘Health and Education Cess’ is applicable over and above the tax rates mentioned above. What are the Income Tax Returns (ITRs) in India? Income Tax Returns- A Form has to be filed as a statement of income earned. It is arranged in such a way that calculating tax liability, scheduling tax payments, or requesting refunds for the overpayment of taxes has been made convenient for the taxpayers. They must, first, determine the type of Income Tax Return (ITR) Form they need to fill before actually filing their Returns. Which Form is to be filled, depends on the income that the taxpayer earns. Its purpose is to report our income and taxes paid thereon to the government. Basically, income tax returns (IT returns) is a form through which the annual income of the taxpayer is reported. Based on the income assessment group, the taxpayer will have to submit one of the following ITR forms- ITR forms Applicable to ITR 1 Resident individual-Having income from ‘salary’, ‘one house property’, ‘other sources’; andHaving total income up to INR 50 Lakhs and agricultural income up to INR 5,000. ITR 2 Individual and HUFs not having any income from profits and gains of business or profession ITR 3 Individual and HUFs having income from profits and gains of business or profession ITR 4 Resident individual, HUFs and Firms (not LLP)-Having total income up to INR 50 Lakhs; andHaving income from the business and profession computed under section 44AD, section 44ADA or section 44AE. ITR 5 Any person other than-Individual,HUF,Company, andPerson filing return in ITR-7. ITR 6 Companies (other than companies claiming exemption under section 11) ITR 7 Any person (including company) who are required to furnish return under section 139(4A); or section 139(4B); or section 139(4C); or section 139(4D). What is the last date for filing ITR for AY 2021-22? As per the latest issued circular no. 17/2021 dated 9th September 2021, the due dates for filing the ITR for the Financial Year 2020-2021 is extended. Original due date and extended due dates are tabulated hereunder- Particulars Original due date Extended due date ITR filing by the taxpayers not covered under tax audit 31st July 2021 31st December 2021 ITR filing by the taxpayers covered under tax audit 31st October 2021 15th February 2022 ITR filing by the taxpayers required to furnish report referred in section 92E 30th November 2021 28th February 2022 E-filing process F.Y. 2020-2021- Recently, on 7th June 2021, the Central Board of Direct Taxes launched the new e-filing portal www.incometax.gov.in.Despite many initial technical challenges, the new portal has certainly tried to make the ITR filing much easier. ITR filing is possible in both online and offline modes. The basic steps to be followed for filing the ITR is summarized hereunder- STEP 1 – Visit site https://www.incometax.gov.in/iec/foportal. STEP 2 – Click the ‘Login’ icon available on the right-hand side. STEP 3 – Enter ‘User ID’ and click Continue. STEP 4 – Enter ‘Password’ and click Continue. STEP 5 – Click ‘File Now’. STEP 6 – Select Assessment Year 2021-2022 from the drop-down list. STEP 7 – Select the mode of filing i.e. Online or Offline. STEP 8 – Click Continue. STEP 9 – Based on the mode of filing selected, fill up the required details and submit the return. Advantages of tax filing Processing of Loans & Visa: If you apply for any loans such as a home loan, car loan, etc., the eligibility and quantum of loan would depend on your income. This can be established through filed ITRs. ITR will help your lender to assess your repayment capacity. If you

Case Laws, Investment(Savings), Loan Or Working Capital, Market Research & Analysis, Marketing

FOREIGN DIRECT INVESTMENT IN INDIA

FDI is one of the important tools of economic growth for a developing nation like India. So to boost the flow of foreign investment the process of liberalization is undertaken. However, liberalization of an economy always comes with regulations. Routes for FDI Basically, there are two routes for FDI in India. There is the Automatic Route, where no approval or authority is required by the private foreign investor. He can invest in any company it wishes with no need for government approval. And then there is the Government Route. In this route, there is no investment without the prior approval of the Government of India. Foreign Direct Investment in India does not have a uniform rate. Some industries allow 100% FDI, i.e. the entire funds of the business can be from foreign direct investment. The percentages vary from 26% to 49% to 51%. There are a few industries where FDI is strictly prohibited under any route. These industries are Atomic Energy Generation Any Gambling or Betting businesses Lotteries (online, private, government, etc) Investment in Chit Funds Nidhi Company Agricultural or Plantation Activities (although there are many exceptions like horticulture, fisheries, tea plantations, Pisciculture, animal husbandry, etc) Housing and Real Estate (except townships, commercial projects, etc) Trading in Transferable Development Rights (TDR’s) Cigars, Cigarettes, or any related tobacco industry SECTOR SPECIFIC CONDITION FOR FDI FOR 100% AUTOMATIC ROUTE 1. Air Transport Services (non-scheduled and other services under civil aviation sector) Main condition: 1. Non-Scheduled Air Transport Services 2. Helicopter services/seaplane services requiring DGCA approval Other condition: (a) Air Transport Services would include Domestic Scheduled Passenger Airlines; Non-Scheduled Air Transport Services, helicopter and seaplane services. (b) Foreign airlines are allowed to participate in the equity of companies operating Cargo airlines, helicopter and seaplane services, as per the limits and entry routes mentioned above. (c) Foreign airlines are also allowed to invest in the capital of Indian companies, operating scheduled and non-scheduled air transport services, up to the limit of 49% of their paid-up capital. Such investment would be subject to the following conditions: (i) It would be made under the Government approval route. (ii) The 49% limit will subsume FDI and FII/FPI investment. (iii) The investments so made would need to comply with the relevant regulations of SEBI, such as the Issue of Capital and Disclosure Requirements (ICDR) Regulations/Substantial Acquisition of Shares and Takeovers (SAST) Regulations, as well as other applicable rules and regulations. (iv) A Scheduled Operator’s Permit can be granted only to a company: iv.a) that is registered and has its principal place of business within India; iv.b) the Chairman and at least two-thirds of the Directors of which are citizens of India; and iv.c) the substantial ownership and effective control of which is vested in Indian nationals. (v) All foreign nationals likely to be associated with Indian scheduled and non-scheduled air transport services, as a result of such investment shall be cleared from security view point before deployment; and (vi) All technical equipment that might be imported into India as a result of such investment shall require clearance from the relevant authority in the Ministry of Civil Aviation. (i) The FDI limits/entry routes, mentioned at paragraph 5.2.9.2 (1) and 5.2.9.2 (2) above, are applicable in the situation where there is no investment by foreign airlines. (ii) The dispensation for NRIs regarding FDI up to 100% will also continue in respect of the investment regime specified at para (c) (ii) above. (d) In addition to the above conditions, foreign investment in M/s Air India Limited shall be subject to the following conditions: (i) Foreign investment in M/s Air India Ltd., including that of foreign airline(s), shall not exceed 49% either directly or indirectly. (ii) Substantial ownership and effective control of M/s Air India Ltd. shall continue to be vested in Indian Nationals 2. Automobiles Main condition: Subject to the provisions of the FDI policy, foreign investment in ‘manufacturing’ sector isunder automatic route. Further, a manufacturer is permitted to sell its products manufactured in India through wholesale and/or retail, including through e-commerce, without Government approval. 3. Biotechnology (Greenfield) Main condition: Greenfield projects Other condition: Nil 4 Broadcast Content Services (Up-linking of Non-‘News & Current Affairs’ TV Channels/ Down-linking of TV Channels) Main condition: Up-linking of Non-‘News & Current Affairs’ TV Channels/ Down-linking of TV Channels Other condition: Nil 5. Broadcasting Carriage Services Main condition: (a)Teleports (setting up of up-linking HUBs/Teleports); (b) Direct to Home (DTH); (c) Cable Networks (Multi System operators (MSOs) operating at National or State or District level and undertaking upgradation of networks towards digitalizationand addressability); (d) Mobile TV; (e) Headend-in-the Sky Broadcasting Service(HITS) (f) Cable Networks (Other MSOs not undertaking upgradation of networks towards digitalization and addressability and Local Cable Operators (LCOs)) Other condition: Infusion of fresh foreign investment, beyond 49% in a company not seeking license/permission from sectoral Ministry, resulting in the change in the ownership pattern or transfer of stake by existing investor to new foreign investor, will require Government approval. 6. Capital Goods Main condition: Subject to the provisions of the FDI policy, foreign investment in ‘manufacturing’ sector isunder automatic route. Further, a manufacturer is permitted to sell its products manufactured in India through wholesale and/or retail, including through e-commerce, without Government approval. 7. Cash & Carry Wholesale Trading/Wholesale Trading (including sourcing from MSEs) Main condition: Cash & Carry Wholesale Trading/Wholesale Trading (including sourcing from MSEs) Other condition: Guidelines for Cash & Carry Wholesale Trading/Wholesale Trading (WT): (a) For undertaking WT, requisite licenses/registration/ permits, as specified under the relevant Acts/Regulations/Rules/Orders of the State Government/Government Body/Government Authority/Local Self-Government Body under that State Government should be obtained. (b) Except in case of sales to Government, sales made by the wholesaler would be considered as ‘cash & carry wholesale trading/wholesale trading’ with valid business customers, only when WT are made to the following entities: (i) Entities holding sales tax/ VAT registration/service tax/excise duty registration; or (ii) Entities holding trade licenses i.e. a license/registration certificate/membership certificate/registration under Shops and Establishment Act, issued by a Government Authority/Government Body/Local Self-Government Authority, reflecting that the entity/person holding the license/ registration certificate/ membership certificate,

Investment(Savings), Market Research & Analysis, Marketing, Others, Stock Market

Chit Fund Company

Introduction A chit fund is a type of rotating savings and credit association system practiced in Pakistan, India, Bangladesh, Sri Lanka and other Asian countries. Chit fund schemes may be organized by financial institutions, or informally among friends, relatives, or neighbours. In some variations of chit funds, the savings are for a specific purpose. Chit funds are often microfinance organizations. Organised chit fund schemes are required to register with the Registrar of Firms, Societies and Chits. A chit fund company is a company that manages, conducts, or supervises such a chit fund, as defined in Section of the Chit Funds Act, 1982.  According to Section 2(b) of the Chit Funds Act, 1982: “Chit means a transaction whether called chit, chit fund, chitty, kuree or by any other name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical instalments over a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be specified in the chit agreement, be entitled to the prize amount” Though they are not required to be registered under the RBI Act, chit funds are regulated as Miscellaneous Non-Banking Companies (MNBCs). Their activities relating to soliciting deposits are governed by the Non-Banking Financial Companies and Miscellaneous Non-Banking Companies (Advertisement) Rules (1977) framed by the Government of India under Section 58A of the Companies Act 1956. Other Names for Chit Funds Chit funds are known by a number of names.  Internationally, chit funds are known as Rotating Savings and Credit Associations (ROSCA), this is because they provide a facility of saving and borrowing simultaneously. In India, they are called, chit, chitty, or Kuree.  After the amendment of the Chit Funds Act in 2019, the following names have also been added. These are,  Fraternity Fund, or  Rotating Savings, or  Credit Institutions. Features of Chit Funds Chit funds have the following features: They have a predetermined value and duration.  They work like microfinance institutions. They combine both, credits and savings in a single scheme. They cater to the financial needs of low income households. They allow the deposits made by the contributors to be turned into a lump sum. This is done by three mechanisms.  Safe Deposits: A person can deposit the money in the present and enjoy the lump sum in future.  Loans: A person can take a loan in the preset and continue to make payments in the future.  Insurance: Allows the depositor to enjoy the lump sum in case of an emergency. They offer loan at a lower interest rate than moneylenders. How does Chit Funds work? Let us assume, a chit fund with 12 members, operating for 12 months with a monthly member contribution of Rs.10,000.  The chit company would then collect Rs.120,000 every month and offer the amount in an auction, less the chit company fee and a discount.  Thus, every month, the members receive the chit amount at Rs. 96,000 (10% chit company fee and 10% discount).  If any one member would like to receive the auction, then he/she can receive the entire chit auction amount. If more than one person would like to receive the chit auction, then it selects the lucky member randomly. If no member wants to receive the chit auction, then if offering the chit amount without any discount at Rs.120,000 and it causes a reverse auction. The person offering the lowest amount will get the award of chit auction amount. In any case, every member of the chit receives the chit auction once, the chit discount is spread evenly amongst the members, and the chit company only earns a fee for operating the chit fund. Risk Involved Although there is a law governing the chit funds but still there are a lot of ‘kitty’ and ‘committees’ who operate on the chit fund model but are not regulated. This is the unorganised sector of chit fund. They can have their own modification in the model. Be it in depositing of installments or withdrawal method, unorganized chit funds customize according to their convenience. Then again there is an organised sector which is operated and regulated according to the law and are regulated by the Chit Funds Act, 1982. There are very few companies who operate in the organised sector such a Shriram Chit Funds. After the Saradha Scam in 2013, many people have lost faith in the chit fund scheme. Since even after the regulations there is a huge inherent risk of defaulters and organizer’s authenticity. The Act came into force in 1982 but the scam was exposed in 2013, which clearly reflects that even with the law in place, it is not stringent or regulated enough making chit funds a highly risky affair. Nevertheless it is still popular in the southern states. Tax on Income from Chit Funds The dividend income earned per month is neither tax deductible nor taxable. The overall income is taxable as income from other sources. The overall loss can be claimed as business loss. How to start a Chit Fund Company? To start a chit fund business in India, it is recommended that the promoters of the chit fund company first start a Private Limited Company with the objective of operating a chit fund business. After the incorporation of a private limited company, the company can apply with the relevant Chit Fund Registrar of the State to obtain registration. A chit fund business can commence only after obtaining chit fund business registration from the relevant State Registrar. The documents required to register a Private Limited Company is:- Share capital amount and proposed ratio for holding shares. Two identity proof documents of Directors and Shareholders – Copy of Aadhaar Card/ Voter ID Card/ PAN Card (compulsory). Address proof of the Director or the Shareholder (Voter ID, Passport, Driving license, etc.) Ownership and sale deed (In case your own premise) and one address proof document of registered office (like water,

Investment(Savings)

FDI in India

FDI is one of the important tools of economic growth for a developing nation like India. So to boost the flow of foreign investment the process of liberalization is undertaken. However, liberalization of an economy always comes with regulations. Routes for FDI Basically, there are two routes for FDI in India. There is the Automatic Route, where no approval or authority is required by the private foreign investor. He can invest in any company it wishes with no need for government approval. And then there is the Government Route. In this route, there is no investment without the prior approval of the Government of India. Foreign Direct Investment in India does not have a uniform rate. Some industries allow 100% FDI, i.e. the entire funds of the business can be from foreign direct investment. The percentages vary from 26% to 49% to 51%. There are a few industries where FDI is strictly prohibited under any route. These industries are Atomic Energy Generation Any Gambling or Betting businesses Lotteries (online, private, government, etc) Investment in Chit Funds Nidhi Company Agricultural or Plantation Activities (although there are many exceptions like horticulture, fisheries, tea plantations, Pisciculture, animal husbandry, etc) Housing and Real Estate (except townships, commercial projects, etc) Trading in Transferable Development Rights (TDR’s) Cigars, Cigarettes, or any related tobacco industry SECTOR SPECIFIC CONDITION FOR FDI FOR 100% AUTOMATIC ROUTE 1. Air Transport Services (non-scheduled and other services under civil aviation sector) Main condition: 1. Non-Scheduled Air Transport Services 2. Helicopter services/seaplane services requiring DGCA approval Other condition: (a) Air Transport Services would include Domestic Scheduled Passenger Airlines; Non-Scheduled Air Transport Services, helicopter and seaplane services. (b) Foreign airlines are allowed to participate in the equity of companies operating Cargo airlines, helicopter and seaplane services, as per the limits and entry routes mentioned above. (c) Foreign airlines are also allowed to invest in the capital of Indian companies, operating scheduled and non-scheduled air transport services, up to the limit of 49% of their paid-up capital. Such investment would be subject to the following conditions: (i) It would be made under the Government approval route. (ii) The 49% limit will subsume FDI and FII/FPI investment. (iii) The investments so made would need to comply with the relevant regulations of SEBI, such as the Issue of Capital and Disclosure Requirements (ICDR) Regulations/Substantial Acquisition of Shares and Takeovers (SAST) Regulations, as well as other applicable rules and regulations. (iv) A Scheduled Operator’s Permit can be granted only to a company: iv.a) that is registered and has its principal place of business within India; iv.b) the Chairman and at least two-thirds of the Directors of which are citizens of India; and iv.c) the substantial ownership and effective control of which is vested in Indian nationals. (v) All foreign nationals likely to be associated with Indian scheduled and non-scheduled air transport services, as a result of such investment shall be cleared from security view point before deployment; and (vi) All technical equipment that might be imported into India as a result of such investment shall require clearance from the relevant authority in the Ministry of Civil Aviation. (i) The FDI limits/entry routes, mentioned at paragraph 5.2.9.2 (1) and 5.2.9.2 (2) above, are applicable in the situation where there is no investment by foreign airlines. (ii) The dispensation for NRIs regarding FDI up to 100% will also continue in respect of the investment regime specified at para (c) (ii) above. (d) In addition to the above conditions, foreign investment in M/s Air India Limited shall be subject to the following conditions: (i) Foreign investment in M/s Air India Ltd., including that of foreign airline(s), shall not exceed 49% either directly or indirectly. (ii) Substantial ownership and effective control of M/s Air India Ltd. shall continue to be vested in Indian Nationals 2. Automobiles Main condition: Subject to the provisions of the FDI policy, foreign investment in ‘manufacturing’ sector isunder automatic route. Further, a manufacturer is permitted to sell its products manufactured in India through wholesale and/or retail, including through e-commerce, without Government approval. 3. Biotechnology (Greenfield) Main condition: Greenfield projects Other condition: Nil 4 Broadcast Content Services (Up-linking of Non-‘News & Current Affairs’ TV Channels/ Down-linking of TV Channels) Main condition: Up-linking of Non-‘News & Current Affairs’ TV Channels/ Down-linking of TV Channels Other condition: Nil 5. Broadcasting Carriage Services Main condition: (a)Teleports (setting up of up-linking HUBs/Teleports); (b) Direct to Home (DTH); (c) Cable Networks (Multi System operators (MSOs) operating at National or State or District level and undertaking upgradation of networks towards digitalizationand addressability); (d) Mobile TV; (e) Headend-in-the Sky Broadcasting Service(HITS) (f) Cable Networks (Other MSOs not undertaking upgradation of networks towards digitalization and addressability and Local Cable Operators (LCOs)) Other condition: Infusion of fresh foreign investment, beyond 49% in a company not seeking license/permission from sectoral Ministry, resulting in the change in the ownership pattern or transfer of stake by existing investor to new foreign investor, will require Government approval. 6. Capital Goods Main condition: Subject to the provisions of the FDI policy, foreign investment in ‘manufacturing’ sector isunder automatic route. Further, a manufacturer is permitted to sell its products manufactured in India through wholesale and/or retail, including through e-commerce, without Government approval. 7. Cash & Carry Wholesale Trading/Wholesale Trading (including sourcing from MSEs) Main condition: Cash & Carry Wholesale Trading/Wholesale Trading (including sourcing from MSEs) Other condition: Guidelines for Cash & Carry Wholesale Trading/Wholesale Trading (WT): (a) For undertaking WT, requisite licenses/registration/ permits, as specified under the relevant Acts/Regulations/Rules/Orders of the State Government/Government Body/Government Authority/Local Self-Government Body under that State Government should be obtained. (b) Except in case of sales to Government, sales made by the wholesaler would be considered as ‘cash & carry wholesale trading/wholesale trading’ with valid business customers, only when WT are made to the following entities: (i) Entities holding sales tax/ VAT registration/service tax/excise duty registration; or (ii) Entities holding trade licenses i.e. a license/registration certificate/membership certificate/registration under Shops and Establishment Act, issued by a Government Authority/Government Body/Local Self-Government Authority, reflecting that the entity/person holding the license/ registration certificate/ membership certificate,

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