Wednesday, January 15, 2014

Reverse Charge Mechanism

Services covered under reverse charge system vide Notification No. 30/2012-ST Dated-20th June, 2012 with effect from 01.07.2012:
#Description of a ServiceService providerService ReceiverPercentage
of service
tax payable
by the
person
providing
service

Percentage
of service
tax payable
by the
person
receiving
the service
1.Insurance Services:
in respect of services provided or agreed to be provided by an
insurance agent to any person
carrying on insurance business
Insurance AgentBusiness man
carrying on
insurance
business
Nil100
2.GTA:
in respect of services provided or agreed to be provided by a goods transport agency in respect of transportation of goods by road
Goods transport
agency
Consignor or
Consignee is
specified
person
Nil100
3.Sponsorship:
in respect of services provided or agreed to be provided by way of sponsorship

Any personBody
corporate or
partnership
firm
Nil100
4.Arbitral Tribunal:
in respect of services provided or agreed to be provided by an
arbitral tribunal
Arbitral
tribunal
Business entityNil100
5.Advocate Services:
in respect of services provided or agreed to be provided by
individual advocate

Individual AdvocateBusiness entityNil100
5A.A director of a company:
In respect of services provided or agreed to be provided by a director of a company to the said company
A director of a companyTo the said companyNil100
6.Support Services:
in respect of services provided or agreed to be provided by way of support service by Government or local authority

GovernmentBusiness entityNil100
7.Rent a Cab Service:
(a) In respect of services provided or agreed to be provided by way of renting or hiring any motor vehicle designed to carry passenger on abated value.
(b) In respect of services provided or agreed to be provided by way of renting or hiring any motor vehicle designed to carry passenger on non-abated value.
Individual/HUF/
Proprietary or
partnership
firm/AOP
Company
under
Companies
Act, 1956
Nil







60
100







40
8.Supply of Manpower/ security services:
in respect of services provided or agreed to be provided by way of supply of manpower for any
purpose

Individual/HUF/
Proprietary or
partnership
firm/AOP
Company
under
Companies
Act, 1956

2575
9.Works Contract Services:
in respect of services provided or agreed to be provided by way of works contract

Individual/HUF/
Proprietary or
partnership
firm/AOP

Company
under
Companies
Act, 1956
5050
10.in respect of any taxable
services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory

Any personAny personNil100
 Availment of Cenvat Credit by service receiver:
Service receiver may claim the credit of service tax paid based on the invoice issued by the service provider. For service tax paid on reverse charge, credit may be claimed based on the TR-6 challan by which payment is made. Service receiver will not pay the service tax from cenvat credit under the reverse charge mechanism.

Saturday, January 11, 2014

Chief Financial officer [CFO] - Companies Act 2013

Position of CFO under companies Act 2013

  • CFO is identified as Key Managerial Personnel u/s 2(19) 
  • CFO is identified as ‘officer in default’ u/s 2(59) and 2(60). 
  • CFO to be appointed by means of a Board Resolution u/s 203 
  • CFO shall not hold office in more than one company unless it is a subsidiary u/s 203(3) 
  • CFO to be named in the prospectus or information memorandum for issue of securities u/s 26. 
  • CFO is responsible for statements in prospectus, if he authorises the issue. section 34, 35. 
  • CFO is directly responsible for maintenance of books of accounts sec. 128(6). 
  • CFO is responsible for furnishing ‘true and fair’ view of the state of affairs in the financial statements u/s 129. 
  • CFO is responsible for filing financial statements with Registrar of Companies sec. 137. 
  • CFO authorises financial statements sec. 134. 
  • CFO is responsible for adhering to accounting standards Sec. 133. 
  • A director may be appointed as CFO (Table A -77). CFO can be a director. 
  • Where a CFO has to authorise a statement, and if the CFO is also a director, he shall authorise the statement as CFO. (Table A – 78)