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CBDT has made amendments in Tax Audit Report:


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The Central Board of Direct Taxes (CBDT) has amended the tax audit form (Form 3CD & Form No. 3CEB) and the form for filing a tonnage tax application (Form 65).
The following are the key changes introduced in the forms:

⏩1. Disclosure of expenses for violation of law in India or Outside India:

Clause 21 of Form 3CD seeks details of amounts debited to the profit and loss account, including capital, personal, advertisement expenditure, etc. This includes reporting of ‘Expenditure by way of penalty or fine for violation of any law for the time being force’. The CBDT has amended the clause to include expenditure for any purpose which is an offence or is prohibited by law or expenditure by way of penalty or fine for violation of any law (enacted in India or outside India).

⏩2. Disclosure of expenditure for Compounding of Offences
Clause 21 further seeks details for “Expenditure by way of any other penalty or fine not covered above”.

This field has been amended to include the expenditure incurred to compound the offences under the law whether in India or outside India, i.e., “Expenditure incurred to compound an offence under any law for the time being in force, in India or outside India”.

⏩3. Amendment in Clause 26 for disallowance of delayed payment to MSEs:
Clause (h) of section 43B has been inserted to seek details of the delayed payments to Micro and Small Enterprises in violation of section 43(b)(h).

⏩4. New disclosure of specified domestic transaction under section 115BAE(4).

Form 3CEB has been amended seeking particulars with respect to specified domestic transactions in the nature of any business transacted between the persons referred to in sub-section (4) of section 115BAE, which has resulted in more than ordinary profits expected to arise in such business.

⏩5. Amendments with respect to IFSC and deduction claimed under section 80LA
Form 65 has been amended to include a new filed under “Verification” seeking certification that the applicant-company is a unit of an International Financial Services Centre and has filed the application within three months from the date on which the deduction under section 80LA of the Income-tax Act, 1961 is no longer applicable. Further, the applicant is required to specify the date on which such deduction was no longer applicable if the company availed deduction under section 80LA and date of qualifying company status.

(Notification No. 27/2024, dated 05-03-2024)

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KOTAK MAHINDRA BANK – SME AND WHOLESALE BUSINESS

SOME KEY POINTS

LOAN AMOUNT

  • 7 cr to 200 cr ( Turnover cap max ONRB500 Crores)

NO NEGATIVE PROFILE

PRODUCTS

  • ⁠Working Capital – CC/OD
  • ⁠Term loan
  • ⁠Lap
  • ⁠BG ( Bank Guaranty )
  • ⁠LC ( Letter of credit )
  • ⁠EPC/PCFC
  • ⁠LRD – Lease Rental discounting
  • ⁠LCBD ( Bill discounting backed by LC)
  • ⁠CLB

NCLT CASES – we do

REAL-ESTATE/ BUILDERS – we do

LTV/COVER
Upto 200 % (Based on property, financials)

For more information, WhatsApp to us at Mobile No. 91- 98200 – 88394 or email to intellex@intellexconsulting.com

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https://www.linkedin.com/company/buy-sell-mergers

Team – Intellex Strategic Consulting Private Limited ( India)

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Secured and Unsecured Funds for MSMEs and SMEs Upto INR 50 Crores

Dear associates, we have started sourcing funding proposals for the clients who need funds before 31st March.

Proposals we received till 15th Feb., can be closed before 31st March. Post 15th feb, there will be a low chance to get funds before march end.

Terms

◆ Enduse- Working Capital, Machinery Purchase, Commercial property purchase, construction of factory building/ shed/ warehouse, new manufacturing project finance etc.
◆ Minimum Turnover- INRB2 Crores
◆ LTV- Upto 200%
◆ Unsecured without collateral can be arranged up to 5 Cr.
◆ Deviations in CIBIL and financial eligibility can be considered in genuine cases with convincing reasons for low CIBIL score.
◆ CIBIL Score- 650+ for secured. 700+ for unsecured.
◆ Source- Nationalized Banks, Private Banks, NBFC, FINTECHS
◆ Locations- Across India

Please Call / WhatsApp on 91-98200-04701 for further information and discussion.

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Team – Intellex Strategic Consulting Private Limited (India)

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A PE Fund is Looking for Investment Opportunities

A mid-market PE fund is looking for exciting investment opportunities in the below sectors

Consumer
Manufacturing
Healthcare
ITeS/SaaS
BFSI

Company’s minimum turnover should be 200 crs & above.

Fund is providing growth capital in between $5 to $10 million, wants around 20 to 30% equity stake and play an active role with the management to take the company forward.

Interested Companies can connect with us via email to sudheendra@venturestreets.com or WhatsApp on 91-98200-88394.

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Team- Intellex Strategic Consulting Private Limited
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Looking for Spices and related Food Products companies for Full Acquisitions.

Our Client a leading Private Equity Fund is looking to acquire Full / Majority Stake in Spices and Related Food Products companies in India.

They are trying to create a platform of Small and Mid spice companies combined together and creating a Bigger entity.

Ticket Size : INR 30-100 Crores per Company.

Interested Companies can connect with us via email to sudheendra@venturestreets.com or WhatsApp on 91-98200-88394.

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Team- Intellex Strategic Consulting Private Limited
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GST EXEMPTIONS DISRUPT INPUT TAX CREDIT CHAIN, WILL COMPLEX GST: CBIC CHIEF

Exemptions or lower rate of taxation sought by industry on some items breaks the input tax credit (ITC) chain, leading to complexity in the goods and services tax (GST) structure, Central Board of Indirect Taxes and Customs (CBIC) Chairman Sanjay Agarwal said on Wednesday.

Agarwal also said that indirect tax authorities would soon start sending intimation to businesses that do not comply with rules on e-invoicing, a mandatory requirement for availing of input tax credit (ITC).

“Industry should introspect if it wants a simpler GST structure. Complications arise when they seek exemption on two out of five five items because ITC in such cases would not be allowed on the exempted items. That would disrupt the whole ITC chain,” he said at a Confederation of Indian Industry (CII) conference on ease of doing business.

“If one of their items falls in a certain category (GST slab), they should not demand an exemption or lower slab for that particular item, as that might lead to classification disputes.

To avoid litigation, carving out exemption should be avoided if items in those chapters generally fall in particular tax slabs,” he underlined.

On e-invoicing, the CBIC chief said: “We will send advisory to such taxpayers to issue e-invoices. We do not want to adopt an approach that is intimidating, so we will nudge them for electronic billing. The details furnished in e-invoice are auto populated in monthly and quarterly GST returns.”

CBIC has widened the ambit of e-invoicing for businesses by lowering over the years the mandatory turnover threshold to Rs 5 crore from Rs 500 crore under the GST regime.

Taxpayers must generate invoices on their internal system or billing software and then report these to the invoice registration portal (IRP). Without this, ITC cannot be claimed.

On the proposed Development of Enterprise and Service Hubs (DESH) Bill and SEZ rules, he said that call was yet to be taken.
On Customs, he said that work was in progress to integrate SEZ and the Indian Customs Electronic Gateway (ICEGATE) for duty payment. That will ensure all documents are available in the same system.

The department was also working to reduce the time taken for Customs clearances, he said. The average time taken for Customs clearance of imports has reduced 11 per cent at air cargo complexes and 9 per cent across seaports, he added.

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Income Tax benefits to senior and super senior citizen:

Definition of senior citizen and super senior citizen: Individual resident who is of the age of 60 years or above but less than 80 years is a Senior Citizen. An individual resident who is of the age of 80 years or above is a Super Senior Citizen.

  1. Basic exemption limits: For Senior Citizens the basic exemption limit is fixed at a figure of Rs. 3 lakh. For Super Senior Citizens, the basic exemption limit is fixed at Rs. 5 Lakhs.
  2. Advance Tax benefit: A resident Senior/Super Senior citizen need not pay any advance tax, provided he does not have any income under the head Profits and Gains of Business or Profession.
  3. Sec 80D benefits: The maximum limit for deduction u/s 80D in respect of payment made for health insurance premium in respect of a Senior/Super Senior citizen has been allowed at Rs. 50,000/-.
  4. Interest income: A Senior/Super Senior citizen can claim a deduction upto Rs. 50,000/- u/s 8OTTB in respect of interest income earned on savings bank accounts, bank deposits, or any deposit with the post office or co-operative banks.
  5. Income Tax Returns: A super senior citizen aged 80 years or above filing his return of income in Form SAHAJ (ITR-1) or SUGAM (ITR-4) and having total income of more than Rs. 5 lakh or having a refund claim, can file his/her return of income in paper mode.
  6. Form 15H: A Senior/Super Senior citizen may submit form no.15H to the deductor for non-deduction of TDS on certain incomes referred to in that section, if the tax on his/her estimated total income for the concerned year comes at nil.
  7. Non requirement of filing ITR: The following categories of Senior Citizens are not required to file their ITR: — Resident Senior Citizens, 75 years or above and Having only pension income and interest income only from the account(s) maintained with a bank in which they receive such pension.

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Sovereign Gold Bond (SGB)

  1. What is Sovereign Gold Bond (SGB)?

SGBs are government securities denominated in grams of gold. They are substitutes for holding physical gold. Investors have to pay the issue price in cash and the bonds will be redeemed in cash on maturity. The Bond is issued by Reserve Bank on behalf of Government of India.

  1. What are the benefits of SGB?

The quantity of gold for which the investor pays is protected, since he receives the ongoing market price at the time of redemption/ premature redemption. The SGB offers a superior alternative to holding gold in physical form. The risks and costs of storage are eliminated. Investors are assured of the market value of gold at the time of maturity and periodical interest. SGB is free from issues like making charges and purity in the case of gold in jewellery form. The bonds are held in the books of the RBI or in demat form eliminating risk of loss of scrip etc.

  1. Are there any risks in investing in SGBs?

There may be a risk of capital loss if the market price of gold declines. However, the investor does not lose in terms of the units of gold which he has paid for.

  1. Who is eligible to invest in the SGBs?

Persons resident in India as defined under Foreign Exchange Management Act, 1999 are eligible to invest in SGB. Eligible investors include individuals, HUFs, trusts, universities and charitable institutions. Individual investors with subsequent change in residential status from resident to non-resident may continue to hold SGB till early redemption/maturity.

  1. Whether joint holding will be allowed and is a minor allowed to invest ?

Yes, joint holding is allowed and a minor is allowed to invest but the application should be filled by the guardian

  1. Where can investors get the application form?

The application form will be provided by the issuing banks/SHCIL offices/designated Post Offices/agents. It can also be downloaded from the RBI’s website. Banks may also provide online application facility.

  1. Can an investor hold more than one investor ID for subscribing to the Sovereign Gold Bond?

No. An investor can have only one unique investor Id linked to any of the prescribed identification documents. The unique investor ID is to be used for all the subsequent investments in the scheme. For holding securities in dematerialized form, quoting of PAN in the application form is mandatory.

  1. What is the minimum and maximum limit for investment?

The Bonds are issued in denominations of one gram of gold and in multiples thereof. Minimum investment in the Bond shall be one gram with a maximum limit of subscription of 4 kg for individuals, 4 kg for Hindu Undivided Family (HUF) and 20 kg for trusts and similar entities notified by the government from time to time per fiscal year (April – March). In case of joint holding, the limit applies to the first applicant.

  1. Can an investor buy 4 Kg/20 Kg worth of SGB every year?

Yes. An investor/trust can buy 4 Kg/20 Kg worth of gold every year as the ceiling has been fixed on a fiscal year (April-March) basis.

  1. What is the rate of interest and how will the interest be paid?

The Bonds bear interest at the rate of 2.50 per cent (fixed rate) per annum on the amount of initial investment. Interest will be credited semi-annually to the bank account of the investor and the last interest will be payable on maturity along with the principal.

  1. Who are the authorized agencies selling the SGBs?

Bonds are sold through offices or branches of Nationalised Banks, Scheduled Private Banks, Scheduled Foreign Banks, designated Post Offices, Stock Holding Corporation of India Ltd. (SHCIL) and the authorised stock exchanges either directly or through their agents.

  1. When will the customers be issued Holding Certificate?

The customers will be issued Certificate of Holding on the date of issuance of the SGB. Certificate of Holding can be collected from the issuing banks/SHCIL offices/Post Offices/Designated stock exchanges/agents or obtained directly from RBI on email, if email address is provided in the application form.

  1. Can I apply online?

Yes. A customer can apply online through the website of the listed scheduled commercial banks. The issue price of the Gold Bonds will be ₹ 50 per gram less than the nominal value to those investors applying online and the payment against the application is made through digital mode.

  1. At what price the bonds are sold?

The nominal value of Gold Bonds shall be in Indian Rupees fixed on the basis of simple average of closing price of gold of 999 purity, published by the India Bullion and Jewelers Association Limited, for the last 3 business days of the week preceding the subscription period.

  1. Will RBI publish the rate of gold applicable every day?

The price of gold for the relevant tranche will be published on RBI website two days before the issue opens.

  1. What will I get on redemption?

On maturity, the Gold Bonds shall be redeemed in Indian Rupees and the redemption price shall be based on simple average of closing price of gold of 999 purity of previous 3 business days from the date of repayment, published by the India Bullion and Jewelers Association Limited.
Interest and redemption proceeds will be credited to the bank account furnished by the customer at the time of buying the bond.

  1. What are the procedures involved during redemption?

The investor will be advised one month before maturity regarding the ensuing maturity of the bond.

On the date of maturity, the maturity proceeds will be credited to the bank account as per the details on record.

In case there are changes in any details, such as, account number, email ids, then the investor must intimate the bank/SHCIL/PO promptly.

  1. Is premature redemption allowed?

Though the tenor of the bond is 8 years, early encashment/redemption of the bond is allowed after fifth year from the date of issue on coupon payment dates. The bond will be tradable on Exchanges, if held in demat form. It can also be transferred to any other eligible investor.

  1. What do I have to do if I want to exit my investment?

In case of premature redemption, investors can approach the concerned bank/SHCIL offices/Post Office/agent thirty days before the coupon payment date. Request for premature redemption can only be entertained if the investor approaches the concerned bank/post office at least one day before the coupon payment date. The proceeds will be credited to the customer’s bank account provided at the time of applying for the bond.

  1. Can I gift the bonds to a relative or friend on some occasion?

The bond can be gifted/transferable to a relative/friend/anybody who fulfills the eligibility criteria (as mentioned at Q.no. 4). The Bonds shall be transferable in accordance with the provisions of the Government Securities Act 2006 and the Government Securities Regulations 2007 before maturity by execution of an instrument of transfer which is available with the issuing agents.

  1. Can I use these securities as collateral for loans?

Yes, these securities are eligible to be used as collateral for loans from banks, financial Institutions and Non-Banking Financial Companies (NBFC). The Loan to Value ratio will be the same as applicable to ordinary gold loan prescribed by RBI from time to time. Granting loan against SGBs would be subject to decision of the bank/financing agency, and cannot be inferred as a matter of right.

  1. What are the tax implications on i) interest and ii) capital gain?

Interest on the Bonds will be taxable as per the provisions of the Income-tax Act, 1961 (43 of 1961). The capital gains tax arising on redemption of SGB to an individual has been exempted. The indexation benefits will be provided to long terms capital gains arising to any person on transfer of bond.

  1. Is tax deducted at source (TDS) applicable on the bond?

TDS is not applicable on the bond. However, it is the responsibility of the bond holder to comply with the tax laws.

  1. Who will provide other customer services to the investors after issuance of the bonds?

The issuing banks/SHCIL offices/Post Offices/Designated stock exchanges/agents through which these securities have been purchased will provide other customer services such as change of address, early redemption, nomination, grievance redressal, transfer applications etc.

  1. What are the payment options for investing in the Sovereign Gold Bonds?

Payment can be made through cash (upto ₹ 20000)/cheques/demand draft/electronic fund transfer.

  1. Whether nomination facility is available for these investments?

Yes, nomination facility is available as per the provisions of the Government Securities Act 2006 and Government Securities Regulations, 2007. A nomination form is available along with Application form. An individual Non – resident Indian may get the security transferred in his name on account of his being a nominee of a deceased investor provided that:

the Non-Resident investor shall need to hold the security till early redemption or till maturity; and

the interest and maturity proceeds of the investment shall not be repatriable.

  1. Can I get the bonds in demat form?

Yes. The bonds can be held in demat account. A specific request for the same must be made in the application form itself.

Till the process of dematerialization is completed, the bonds will be held in RBI’s books. The facility for conversion to demat will also be available subsequent to allotment of the bond.

  1. Can I trade these bonds?

The bonds are tradable from a date to be notified by RBI. The bonds can also be sold and transferred as per provisions of Government Securities Act, 2006. Partial transfer of bonds is also possible.

  1. What is the procedure to be followed in the eventuality of death of an investor?

The nominee/nominees to the bond may approach the respective Receiving Office with their claim. The claim of the nominee/nominees will be recognized in terms of the provision of the Government Securities Act, 2006 read with Chapter III of Government Securities Regulation, 2007. In the absence of nomination, claim of the executors or administrators of the deceased holder or claim of the holder of the succession certificate may be submitted to the Receiving Offices/Depository.

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Advisory on GST payment through Credit Card (CC)/Debit Card (DC) and Unified Payments Interface (UPI):

To facilitate the Taxpayers registered under GST with more methods of payment, two new facilities of payment have now been provided under e-payment in addition to net-banking.

The two new methods are Cards and Unified Payments Interface (UPI). Cards facility includes Credit Card (CC) and Debit Card (DC) namely Mastercard, Visa, RuPay, Diners (CC only) issued by any Indian bank.

Payment through CC/DC/UPI can be made through Kotak Mahindra Bank irrespective of CC/DC issued by any Indian bank. Other banks are in the process of integration. At present the facility is available in 10 states and remaining states/UTs are expected to join soon.

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NCLAT REINFORCES NFRA’S POWERS TO PUNISH CAS FOR PAST AUDIT MISCONDUCTS.

NCLAT Empowers NFRA to Retroactively Penalize Auditors: Landmark Ruling in DHFL Case
In a groundbreaking verdict, the National Company Law Appellate Tribunal (NCLAT) has affirmed the National Financial Reporting Authority’s (NFRA) authority to retrospectively oversee and take punitive action against Chartered Accountants for misconduct predating its establishment in October 2018. This ruling grants NFRA, the country’s exclusive independent audit regulator, the power to penalize auditors and audit firms for misdeeds that occurred before October 2018.

The NCLAT, in a comprehensive 156-page order by Rakesh Kumar Jain and Naresh Salecha, dismissed all four appeals from different Branch Auditors of Dewan Housing Finance Ltd (DHFL). The ruling emphasizes that NFRA holds superior and overriding powers in matters related to professional misconduct of chartered accountants, particularly concerning listed entities and certain other companies, as per Section 132 of the Companies Act 2013.

The landmark ruling establishes NFRA’s retrospective jurisdiction, drawing on Supreme Court judgments in SEBI vs Classic Credit and New India Assurance vs Shanti Misra. The NCLAT justified its decision by considering the need to restore public and investor confidence and prevent adverse impacts on the Indian economy in the wake of proven financial scams.

The case pertains to the financial year 2017-18, with NFRA having imposed penalties of 1 lakh and a one-year debarment on each of the four appellants for professional misconduct in the DHFL branch audit work. The appellants, Engagement Partners of K Varghese & Co, a mandated audit firm for various DHFL branches, were collectively penalized for their role in audits covering 17 branches.

Importantly, the NCLAT ruling rejected all defenses raised by the auditors, asserting that Standards of Auditing are mandatory, not advisory, and apply to branch audits as well. It held auditors accountable for their crucial role in the overall audit of the company, stating that the auditors of a branch cannot absolve themselves of responsibilities.

Addressing the allegations of a 31,000 crore fraud by DHFL, including a 3,700 crore banking fraud by DHFL Directors, the NCLAT stressed that auditors cannot claim ignorance. Upholding the penalty and debarment periods, the tribunal deemed them appropriate given the magnitude of the fraud.

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