Friday, June 26, 2020

MSME UPDATE FOR CLASSIFICATION OF MSME, CALCULATION OF TURNOVER & INVESTMENT

Ministry of Micro, Small and Medium Enterprises vide Gazette ID No.  CG-DL-E-26062020-220191 dated 26.06.2020 has notified:-

 

Classification of Enterprises

An enterprise shall be classified as a micro, small or medium enterprise on the basis of the following criteria, namely:-

Micro: Investment < Rs. 1 cr. and Turnover < Rs. 5 cr.

Small: Investment < Rs. 10 cr. and Turnover < Rs. 50 cr.

Medium: Investment < Rs. 50 cr. and Turnover < Rs. 250 cr.

Note: Investment in plant and machinery or equipment will be considered for above criteria

 

Becoming a Micro, small or medium Enterprises

Any person who intends to establish a micro, small or medium enterprise may file Udyam Registration online in the Udyam Registration portal, based on self-declaration with no requirement to upload documents, papers, certificates or proof.

On registration, an enterprise (referred to as Udyam in the Udyam Registration portal) will be assigned a permanent identity number to be known as Udyam Registration Number.

An e-certificate, namely, Udyam Registration Certificate shall be issued on completion of the registration process.

Composite criteria of Investment and turnover for classification

A composite criterion of investment and turnover shall apply for classification of an enterprise as micro, small or medium.

If an enterprise crosses the ceiling limits specified for its present category in either of the two criteria of investment or turnover, it will cease to exist in that category and be placed in the next higher category but no enterprise shall be placed in the lower category unless it goes below the ceiling limits specified for its present category in both the criteria of investment as well as turnover.

All units with Goods and Services Tax Identification Number (GSTIN) listed against the same Permanent Account Number (PAN) shall be collectively treated as one enterprise and the turnover and investment figures for all of such entities shall be seen together and only the aggregate values will be considered for deciding the category as micro, small or medium enterprise.

 

Calculation of Investment in plant and Machinery or equipment

The calculation of investment in plant and machinery or equipment will be linked to the Income Tax Return (ITR) of the previous years filed under the Income Tax Act, 1961.

In case of a new enterprise, where no prior ITR is available, the investment will be based on self-declaration of the promoter of the enterprise and such relaxation shall end after the 31st March of the financial year in which it files its first ITR.

The expression “plant and machinery or equipment ”of the enterprise, shall have the same meaning as assigned to the plant and machinery in the Income Tax Rules, 1962 framed under the Income Tax Act, 1961 and shall include all tangible assets (other than land and building, furniture and fittings).

The purchase (invoice) value of a plant and machinery or equipment, whether purchased first hand or second hand, shall be taken into account excluding Goods and Services Tax (GST), on self-disclosure basis, if the enterprise is a new one without any ITR.

The cost of certain items specified in the Explanation I to sub-section (1) of section 7 of the Act shall be excluded from the calculation of the amount of investment in plant and machinery.

Calculation of turnover

Exports of goods or services or both, shall be excluded while calculating the turnover of any enterprise whether micro, small or medium, for the purposes of classification.

Information as regards turnover and exports turnover for an enterprise shall be linked to the Income Tax Act or the Central Goods and Services Act (CGST Act) and the GSTIN.

The turnover related figures of such enterprise which do not have PAN will be considered on self-declaration basis for a period up to 31st March, 2021 and thereafter, PAN and GSTIN shall be mandatory.


Source: http://egazette.nic.in/WriteReadData/2020/220191.pdf


MSME Benefits Under Atma Nirbhar Bharat Abhiyan Announced by Govt.

https://carahuldmittal.blogspot.com/2020/06/msme-benefits-under-atma-nirbhar-bharat.html

Disclaimer:  This is meant purely for general education purpose.While the information is believed to be accurate to the best of my knowledge, I do not make any representations or warranties, express or implied, as to the accuracy or completeness of this information. Reader should conduct and rely upon their own examination and analysis and are advised to seek their own professional advice. This note is not an offer, invitation, advice or solicitation of any kind. I accept no responsibility for any errors it may contain, whether caused by negligence or otherwise or for any loss, howsoever caused or sustained, by the person who relies upon it.


Thanks for reading my article

CA Rahul Mittal

+91-99917-25373

Thursday, June 25, 2020

Recent notifications issued under GST Dated 24.06.2020



In view of the challenges faced by taxpayers in meeting the statutory and regulatory compliance requirements across sectors due to the outbreak of Corona Virus, The government has again come up with Notifications on providing relief to the taxpayers 

Notification No. 49/2020 - Central Tax dated 24th June 2020

  • Has appointed 30-06-2020 as the date for 4 Sections of finance act 2020 to come in force
  • Has added Dadra and Nagar Haveli and Daman and Diu; & Ladakh in the definition of Union Territory Has given power to the government for Constitution of Appellate Tribunal and Benches for Jammu & Kashmir
  • Has corrected the point w.r.t the Power to issue instructions or directions
  • Has extended the issuing of Removal of difficulties order from 3 years to 5 years

Notification No. 50/2020 - Central Tax dated 24th June 2020

Amended Rules 7 of the CGST Rules 2017 with a new entry for Composition tax payers who are providing services will be taxed at rate of 6% (CGST – 3% & SGST/UTGST – 3%).

Notification No. 51/2020 - Central Tax dated 24th June 2020

Lowered interest rate for a prescribed time for tax periods from Feb. 2020 to July 2020 for delayed filing of GSTR3B.

Class of Registered Person

Rate of Interest

Tax Period

Taxpayers having an aggregate turnover > Rs. 5 crores in preceding FY

  • Nil for first 15 days from the due date
  • 9% thereafter till 24.06.2020
  • 18% after 24.06.2020

February 2020

To

April 2020

Taxpayers having an aggregate turnover up to Rs. 5 crores in the preceding FY

 

 

(Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep)

  • Nil till 30.06.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

February 2020

  • Nil till 03.07.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

March 2020

  • Nil till 06.07.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

April 2020

  • Nil till 12.09.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

     May 2020

  • Nil till 23.09.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

June 2020

  • Nil till 27.09.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

July 2020

Taxpayers having an aggregate turnover of up to Rs. 5 crores in the preceding FY

 

 

(Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi)

  • Nil till 30.06.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

February 2020

  • Nil till 05.07.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

March 2020

  • Nil till 09.07.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

April 2020

  • Nil till 15.09.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

May 2020

  • Nil till 25.09.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

June 2020

  • Nil till 29.09.2020
  • 9 % till 30.09.2020
  • 18% after 30.09.2020

July 2020

Notification No. 52/2020 - Central Tax dated 24th June 2020

Wavier of Late Fees for delay in filing of GSTR-3B

Class of Registered Person

Tax Period

Condition

Taxpayers having an aggregate turnover > Rs. 5 crores in preceding FY

February 2020

To

April 2020

3B is furnished on or before 24.06.2020

Taxpayers having an aggregate turnover up to Rs. 5 crores in the preceding FY

 

 

(Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep)

February 2020

3B is furnished on or before 30.06.2020

 

March 2020

3B is furnished on or before 03.07.2020

 

April 2020

3B is furnished on or before 06.07.2020

 

May 2020

3B is furnished on or before 12.09.2020

June 2020

3B is furnished on or before 23.09.2020

July 2020

3B is furnished on or before 27.09.2020

Taxpayers having an aggregate turnover of up to Rs. 5 crores in the preceding FY

 

 

(Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi)

February 2020

3B is furnished on or before 30.06.2020

 

March 2020

3B is furnished on or before 05.07.2020

 

April 2020

3B is furnished on or before 09.07.2020

 

May 2020

3B is furnished on or before 15.09.2020

June 2020

3B is furnished on or before 25.09.2020

July 2020

3B is furnished on or before 29.09.2020



One-time scheme for Non-Fillers of return


An waiver / reduction in the late fees for those registered persons who have failed to for reduced Late Fees for the persons who have not failed to furnish the return the return in FORM GSTR-3B for the months of July, 2017 to January, 2020, by the due date but furnishes the said return between the period from 01st day of July, 2020 to 30th day of September, 2020.

For Registered Persons having tax liability

Maximum late fees Rs. 500/-

For Nil Tax Liability

No Late Fees

Notification No. 53/2020 - Central Tax dated 24th June, 2020

Waiver of late fee for delay in filing GSTR-1- March to June 2020 if the returns are filed within the time period mentioned in below table:

Month/Quarter

Dates

March, 2020

10.07.2020

April, 2020

24.07.2020

May, 2020

28.07.2020

June, 2020

05.08.2020

Jan. 2020 to March 2020

17.07.2020

April 2020 to June 2020

03.08.2020


Notification No. 54/2020 - Central Tax dated 24th June, 2020

GSTR-3B due date for the month of August 2020

Class of Registered Person

Tax Period

Condition

Taxpayers having an aggregate turnover > Rs. 5 crores in preceding FY

August 2020

3B is furnished on or before 20.09.2020

Taxpayers having an aggregate turnover up to Rs. 5 crores in the preceding FY

(Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep)

August 2020

3B is furnished on or before 01.10.2020

 

Taxpayers having an aggregate turnover of up to Rs. 5 crores in the preceding FY

 

 

(Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi)

August 2020

3B is furnished on or before 03.10.2020

 


Disclaimer:  This is meant purely for general education purpose.While the information is believed to be accurate to the best of my knowledge, I do not make any representations or warranties, express or implied, as to the accuracy or completeness of this information. Reader should conduct and rely upon their own examination and analysis and are advised to seek their own professional advice. This note is not an offer, invitation, advice or solicitation of any kind. I accept no responsibility for any errors it may contain, whether caused by negligence or otherwise or for any loss, howsoever caused or sustained, by the person who relies upon it.


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