As per Section-12(4), the location where restaurant and catering services, personal grooming, fitness, beauty treatment, and health services, including cosmetic and plastic surgery are performed is considered the place of supply for these services.

Therefore, for restaurants or fitness centres, the place of supply is the respective restaurant or fitness centre. Regarding catering services, the place of supply is determined by the location where the food is supplied.

Example-1: Mr. X, a Pune-based businessman, enjoys a meal at a restaurant in Mumbai during a business trip. According to the place of supply regulations, the location where the restaurant service is performed, which in this case is Mumbai, determines the place of supply.

Example-2: Mr. Timmy Ferreira, a makeup artist based in Kolkata, travels to Jaipur, Rajasthan, to provide makeup services for Ms. Simran Kapoor, a Bollywood actress residing in Mumbai. According to the place of supply regulations, the place where the service is actually performed, in this case, Jaipur, is considered the place of supply.

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As per Section 10(1)(d), the place of supply for goods that require installation or assembly at a specific location is determined to be the site where the installation or assembly takes place.

Example-1: Hoxie Pvt. Ltd. (Mumbai) acquires a machine from Howie Pvt. Ltd. (Mumbai) with the intention of installing it in their Pune, Maharashtra factory. In this case, the place of supply is determined to be the location where the machine is installed, which is Pune.

Example-2: Pure Refineries, based in Mumbai, Maharashtra, contracts PQ Ltd. of Ranchi, Jharkhand, to provide a machine that needs to be assembled at a power plant within their refinery premises in Kutch, Gujarat. In this scenario, the place of supply is determined to be the location where the machine is assembled, which is Kutch, Gujarat, despite the fact that Pure Refineries is situated in Maharashtra.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website.

As per Section 12(6), the place of supply of following services-

1.services provided by way of admission to following types of events:

• Cultural event
• Sporting
• Educational Scientific
• Artistic
• Entertainment

2. services provided by way of admission to amusement park or any other place

3. services ancillary to the above-mentioned services

is the place where the event is actually held or where the park or such other place is located.

Example-1: Mr. Harsh, residing in New Delhi, purchases a ticket for an amusement park situated in Noida, Uttar Pradesh. According to the place of supply regulations, the place of supply is the location where the amusement park is situated, which in this case is Noida.

Example-2: Mr. Anurag, who resides in Ghaziabad, Uttar Pradesh, purchases a ticket for a circus event organized in Gurugram, Haryana, by a circus company based in New Delhi. As per the place of supply regulations, the place of supply is determined by the location where the circus event is held, which in this case is Gurugram.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website.

As per Section 12(5), the determination of the place of supply for training and performance appraisal services depends on whether the supply is to a business (B2B) or to a consumer (B2C).

In the case of B2B supply, where the recipient of the service is a registered entity, the place of supply is determined by the location of that registered entity.

In contrast, for B2C supply, where the recipient of the service is unregistered, the place of supply is the actual location where the service is performed.

Example-1: Mr Aditya (unregistered person based in Thane) signs up with Excellent Linguistics (Mumbai) for training on English speaking at their Mumbai Centre. Since the recipient is unregistered, the place of supply is the location where services are provided, i.e. Mumbai.

Example-2: DEO Consultants, located in Bengaluru, provides GST training to the accounts and finance personnel of Book readers Ltd., whose registered office is in Jaipur, Rajasthan. This training is conducted at DEO Consultants Bengaluru office, which is also registered under GST. As the contract is established with Book readers Ltd.'s Jaipur office, which is a registered recipient, the place of supply is determined to be the location of the registered person, namely Jaipur.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website.

The break-up of total expenditure of any entity which is registered in GST or not will be shown here. What is the total amount of expenditure, how much is the expenditure in respect of those goods or services which are exempted from GST or which have adopted the composition scheme, all these details have to be mentioned here.

How will expenditure be reported –

• GSTIN-wise
• Entity-wise or
• Branch-wise?

Expenditures of all the branches of the entity which have multiple GST registration numbers will be consolidated and reported here.

What will be included in the expenditure?

• Total expenditure will include both Revenue and Capital expenditure.
• Only Business Expenses are to be reported, Personal expenses will not be included.
• Business Expenses will be included even if they are not deductible or disallowed.
• Non GST & Nil Rated Supply will be included in Exempted.
• Even if a person is not registered under GST, he will have to furnish the total expenditure in the prescribed table.
• Salary, Partners remuneration, Interest paid to partners on capital or director remuneration are not seen as good and are also not seen as services,
• Interest Expenses will be treated as exempt supply.
• The heading of Column 6 refers to the total 'payment' to registered entities. The word 'payment' should be interpreted as 'expenditure' as the combined heading of Column (3), (4), (5) is 'expenditure in respect of entities registered under GST'.
• In case of multiple GST registrations of an entity, there is possibility of inter-supply branch, which gets eliminated in consolidated financials. This report can be prepared for the entity as a whole or for one of its branches, as may be audited and the information in these columns will have to be filled accordingly by consolidating the expenditure made under various GST registrations.

Does expenditure include all those transactions which are considered supply of goods or services under GST?

Expenditures like salary which are incurred due to employer-employee relationship are not considered expenditure and bad debts, depreciation and provisions are not supply of goods or services under GST.

Will expenditure be reported in Clause 44 with_without GST?

If an assessee has claimed ITC on expenditure then it will not be considered as expenditure and if ITC has not been claimed or it is a case of ineligible ITC then it will be included in the Statement of Profit & Loss and will be considered as expenditure. Tax auditor can provide appropriate note in this respect in the tax audit report.

Do expenditures made on non-supplies have to be reported here?

Expenditures that are not directly related to the supply of goods or services such as bonus to employee will not be reported.

Thus, making a working paper of total expenditure can prove beneficial.

Description *	Amount (Rs.)
Total value of expenditure in P&L for the year	XXXX
Add: Total value capital expenditure not included in P&L for the year	XXXX
Less: Total value of non-cash charges considered as expenditure	XXXX
Less: Total value of expenditure excluded for being transactions in securities and transactions in money	XXXX
Less: Total value of expenditure excluded by virtue of Schedule III to the CGST Act, 2017	XXXX
Balance being value of expenditure for clause 44	XXXX

* Details of all deductions & additions must be maintained for each sub-entity (GSTIN-wise) of the legal entity.

Here 2 approaches are mentioned-

Conservative Approach:

Expenditure should be disclosed because the heading does not say that only expenditure on supply has to be reported, rather it says that expenditure will also be disclosed.

Another Approach:

The main objective of introducing this clause is to match these figures with the GST return in which there is no need to disclose non-supplies. Thus there is no need to disclose expenditure incurred on non-supplies.

The Assessee will have to give all the following details in Clause 44.

Total amount of Expenditure incurred during the year	Expenditure in respect of entities registered under GST	Expenditure relating to entities not registered under GST
	Relating to the goods or services exempt from GST; Relating to the entities falling under the composition scheme; Relating to the other registered entities; Total Payment to Registered entities.

Is there a requirement to maintain the records mentioned in Clause 44 under GST?

Section 35: Accounts and other records.

Every registered person must maintain records at his principal place of business which present true and correct accounts:-

• Production or manufacture of goods;
• Inward and outward supply of goods or services or both;
• Stock of goods;
• Input tax credit availed;
• Output tax payable and paid; and
• Such other particulars as may be prescribed.

Is there a requirement to maintain the records mentioned in Clause 44 under GST?

Rule 56: Maintenance of accounts by registered persons.

• Every registered person will have to maintain true and correct accounts of the goods or services imported other than the particulars mentioned in Section 35(1).
• Every registered person who is claiming Input-tax credit will have to maintain an account.
• Every registered person doing work contract work will have to maintain separate accounts for all the work contracts in which the name and address of the supplier from whom the goods or services chargeable to tax have been received under this Act will have to be mentioned.
• Every registered person doing work contract work will have to maintain separate accounts for each works contract, in which the name and address of the supplier from whom the goods or services have been received.

Reporting in 3CB or 3CA:-

• If the required details as per clause 44 are not made separately by the assessee and in its absence, we cannot comment.
• These are not included in total expenditure like Depreciation, Bad debt, Salary etc. Which is not considered supply in GST
• If the details are partially correct then

4) Client Unregistered under GST:-

The total expenditure incurred during the year amounting to Rs._____ We have been informed by the assessee that the information required under this clause has not been maintained by it in absence of any disclosure requirements under the Companies/LLP/IT Act.

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1. Only Indian Citizens can use this form for allotment of PAN. Indian citizens located outside India should also use this form.
2. Applicant will initially register by selecting Form 49A along with the category and title of the applicant, enter the required details, and submit. A token number will be generated and displayed to the applicant before filling out the form. This token number would also be sent on e-mail ID (provided in the application form) for reference purposes. There is a facility to save the details entered in the application form such that this data can be viewed and edited by the applicant prior to its final submission by using this temporary token number.
3. Applicants can choose any one of the four options while filing PAN online.

• Submission of physical form and documents after online data entry
• Aadhaar based e-KYC
• Scanned based - Aadhaar based e-Sign
• Scanned based - Digital Signature Certificate (DSC)

If the data submitted fails in any format level validation, a response indicating the error(s) will be displayed on the screen. The applicant shall rectify the error(s) and re-submit the form.

Following are the four options for filling online PAN application

• Submission of physical form and documents after online data entry: Applicant has to print the successfully generated application form, affix recent color photographs, duly sign in the space provided & forward along with prescribed supporting documents to Protean address.
• Aadhaar-based e-KYC: In Aadhaar based e-KYC option, Aadhaar details would be considered as PAN application details (Name, Date of birth, Gender, Residential Address, E-mail ID, Mobile Number & Photograph) and Aadhaar as a supporting document and would be forwarded to Income Tax Department for allotment of PAN. All these fields are non-editable. The photograph used in the Aadhaar card would be used in the PAN card and there is no need to upload supporting documents, Photos, and Signature. PAN card will be dispatched to the address mentioned in Aadhaar. No need to send the PAN application form and supporting documents to Protean.
• Scanned-based - Aadhaar-based e-Sign: In the Aadhaar-based e-Sign option, an applicant needs to upload scanned images (as per defined parameters) of a photo, signature, and supporting documents while making an application. Aadhaar would be considered as a supporting document. No need to send the PAN application form and supporting documents to Protean. However, original documents as per Rule 114(4) of Income Tax Rules, 1962 (viz. A certificate of identity in Original signed by a Member of Parliament or Member of Legislative Assembly or Municipal Councillor or a Gazetted officer, a Bank certificate in Original on letterhead from the branch, and an Employer certificate in original) will be required to be forwarded in physical form to Protean address.

• Scanned-based - Digital Signature Certificate (DSC): In the DSC option, an applicant needs to upload scanned images (as per defined parameters) of a photo, signature, and supporting documents while making an application. No need to send the PAN application form and supporting documents to Protean. However, original documents as per Rule 114(4) of Income Tax Rules, 1962 (viz. A certificate of identity in Original signed by a Member of Parliament or Member of Legislative Assembly or Municipal Councillor or a Gazetted officer, a Bank certificate in Original on letterhead from the branch, and an Employer certificate in original) will be required to be forwarded in physical form to Protean address.

Document for Individuals & HUF

• Individual applicants should provide proof of residential address.

• If the applicant is a minor (i.e. below 18 years of age at the time of application), any of the documents as per the lists specified below of any of the parents/guardians of such minor shall be deemed to be the proof of identity and address of the applicant.

Indian Citizens (including those located outside India)

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What are Perquisites in Salary ?

"Perquisites " are additional benefits that an employee receives . Received in addition to salary . These benefits are taxable or non-taxable depending on their nature . can be made. Facilities provided by the employer to the employees are included in Perquisites and are taxable as per the terms and conditions.

Perquisites meaning

• Any benefit that is being given to the employee other than salary or wages , which is attached to his office or position .
• Perquisites also include those benefits which are given to specified employees for free or at concessional rate . Or
• An obligation that was to be paid by the employee but has been paid by the employer.

Perquisites include rent free accommodation, motor car, gardener supply of electricity, ESOP, interest free loan, leave travel allowance, leave encashment, free food and non alcoholic beverages etc.

Now we will see what is meant by specified employee .

To all the following persons Specified employees will be considered:-

1. Employee who is a director in the company ,
2. Employee who has substantial interest in the company e. 20 % or more of voting _ Is the beneficial owner of the equity shares having rights .

Employee whose monetary income under salary head is Rs 50,000. ( Annually ) Exceeds it

Now we section 17 sub About section 3 Profits in lieu of Salary or Wages will understand

 

Profits in lieu of Salary means payment received by the employee in addition to regular salary . It covers all the following payments .

• Compensation for termination of employee or modification of employee 's terms will be included .

• due or received from unrecognized provident fund or unrecognized superannuation fund will be included ,

• The amount received from Keyman Insurance Policy will also be included,

 

Any lump sum amount due or received by the assessee from any other person before joining employment or after cessation from employment will be considered included in the payment .

 

Disclaimer:-The information available on this website/Application is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/Application, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/Application

House Rent Allowance [ Section 10(13A) & Rule 2A]

 

Section 10(13A) tells the conditions of House Rent Allowance and Rule 2A tells how much deduction will be given.

House Rent Allowance - Section 10(13A)
Any special allowance specifically granted to an assessee by his employer to meet expenditure actually incurred on payment of rent (by whatever name called) in respect of residential accommodation occupied by the assessee, to such extent as may be prescribed having regard to the area or place in which such accommodation is situate and other relevant considerations.

 

Explanation.—For the removal of doubts, it is hereby declared that nothing contained in this clause shall apply in a case where—

 

(a) the residential accommodation occupied by the assessee is owned by him ; or

(b) the assessee has not actually incurred expenditure on payment of rent (by whatever name called) in respect of the residential accommodation occupied by him.

 

Condition For Claim HRA

• Meet expenditure actually incurred on payment of rent
• Residential accommodation Occupied by the assesse

 

Deduction of HRA if

• Occupied by the assesse is owned by him
• Not actually incurred expenditure on payment of rent

 

As Per Section 10(13A) To Claim House Rent Allowance

• 1- Actual Expenses should be made for
• Rent2- That residential accommodation should be occupied by the assessee.
• He should not be the owner of that house

If these three conditions are fulfilled then House Rent Allowance can be claimed.

 

How is Tax Exemption from HRA calculated?

The deduction available is the least of the following amounts:

Actual HRA received

50/40% of [basic salary + DA]

Actual rent paid (-) 10% of basic salary + DA

50%for those living in metro cities (Delhi, Kolkata, Mumbai or Chennai)

40% of [basic salary + DA] for those living in non-metros

DOCUMENTS REQUIRED FOR HRA EXEMPTION CLAIM

Below is a list of documents required to claim HRA exemptions:

Copy of the landlord’s PAN card [if Rent is More than 1 Lakh Annually  ]

Rent receipts for the concerned financial year

Copy of the rent agreement

Disclaimer:-The information available on this website/Application is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/Application, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/Application

While deducting TDS on interest in the bank, we have often heard that if TDS is not to be deducted then submit 15G or 15H Form, but do you know that 15G or 15H Form can be issued in case of income other than interest also. Or what is 15H Form and who can issue it?

What Is Form 15G and 15H

In simple language, there are 15G or 15H self-declaration forms which are given by those persons whose taxable income is Nil and their TDS is being deducted, then that person cannot deduct his TDS and submit Form 15G or 15H. In which he submits the person who is making the payment and is liable to deduct TDS for not deducting TDS.

Who Can Issue or Submit

Who can issue Form 15G & 15H depends on the following things: Who is the person, what is his age and what is his residential status.

• The person issuing FORM 15G or 15H must have PAN. The person who does not have PAN cannot issue this form.
• FORM 15G – Those whose age is less than 60 years can issue
• FORM 15H – Those whose age is more than 60 years can issue

Type Of Income Where Form 15G / 15H Can Issue

The income on which TDS can be avoided by issuing 15G/15H are as follows:

Section	Nature Of Income	Form 15 G		Form 15 H
		Individual <60	HUF / AOP / BOI / Other [ Except Firm & Company ]	Individual >60+
194	Dividends	YES	No	YES
194EE	Payments in respect of deposits under National Savings Scheme, etc.	YES	No	YES
192A	Payment of accumulated balance due to an employee	YES	YES	YES
193	Interest on securities	YES	YES	YES
194A	Interest other than Interest on securities	YES	YES	YES
194D	Insurance commission	YES	YES	YES
194DA	Payment in respect of life insurance policy	YES	YES	YES
194I	Rent	YES	YES	YES
194K	Income in respect of units / Mutual Fund	YES	YES	YES

If payment to Non Resident Individual is covered under section 195, hence NRI cannot issue 15G or 15H.

Are there other conditions for issue?

You can issue Form 15G [less than 60 years] only if you fulfill these two conditions.

1. Tax on your Estimated Total Income should be Nil

1. II) And the payment made in the sections of TDS discussed in the table above should be less than the basic exemption limit. If payment is being made in more than one section by the same person, then it should be less than the basic exemption limit.

Example – ABC company gives Rs. 1,40,000/- Rent and Rs. If you pay interest of Rs. 60,000/- then total payment will be Rs. 2,00,000/- is less than the basic exemption limit, then in this case Vinod can issue/submit Form 15G.

You can issue Form 15H only if you fulfill these 1 conditions.

Tax on your total estimated income should be Nil

1- Rs 2.5 lakh in case of Individual Male [less than 60 years]

2- Rs 3.0 lakh in case of Senior Citizen [more than 60 years less than 80 years]

3- Very Senior Citizen Rs 5.0 lakh [above 80 years]

• Company
• Firm
• If you are NRI then you cannot issue it [TDS is Deducted U/s 195]

Form 15G 15H is in 2 parts

Part I – Filled by the person who does not want to deduct his TDS
Important points to be kept in mind while filing the form

• From point no 01 to 14, basic information of the assessee is given which includes information like Name, Address, PAN, or Residential Status, and for which previous year the form is being filed etc.
• Point No 15

• Whether assessed to tax under the Income-tax Act, 1961:

[  ] YES   [   ] NO

“If you have filed income tax return in the last 6 years and your income was more than the taxable limit in any year within these 6 years, then you should tick “yes” here otherwise “no”.

(b) If yes, latest assessment year for which assessed

If you have ticked yes then 6 years is the latest year in which your income was more than the taxable limit.

Example:

Form Filing For F.Y. 2023-24 ( Assessment Year 2023-24 ]
S.no	FY	AY	Income Reported (In Rs.)	Exemption Limit (In Rs.)
1	2021-22	2022-23	150000	250000
2	2020-21	2021-22	200000	250000
3	2019-20	2020-21	350000	250000
4	2018-19	2019-20	450000	250000
5	2017-18	2018-19	500000	250000
6	2016-17	2017-18	500000	250000

In this case, FY 2019-20 [Assessment Year 2020-2021] is the latest year in which the assessee's income was more than the taxable limit, hence it will be mentioned.

• Point No. 16 Estimated income for which this declaration is made –
• What is your estimated income for the year for which you are filing the form? Example:- You will get Rs. 100 for interest from the person to whom you are submitting this form. 15000/- is estimated then you get Rs. Will write 15000/-
• Point No. 17 Estimated total income of the P.Y. in which income mentioned in column 16 to be included

• Total estimated income for the year for which you are filing this form which also includes the income for which you are filing this form, in this case Rs. You will also have to include interest income of Rs 15000/-
• Point No. 18 -Details of Form No. 15G other than this form filed during the previous year, if any

How many Forms 15G have you submitted this year and what is their amount [Aggregate amount] in which this form will not be included.

• Point No. 19 Details of income for which the declaration is filed
• Information about the Form 15G/15H you have filed
• Identification number of relevant investment/account, etc.

[Here you can find distinctive number of shares, account number of term deposit, recurring deposit, National Savings Schemes, life insurance policy number, employee code, etc. can write]

2-Nature of income

3-Section under which tax is deductible

4-Amount of income

Part II - Point 16 which is to be filled by the person responsible for paying the income

 

Frequently Asked Question

Q.Is there a time limit for submitting Form 15G/15H?
Ans.There is no due-date , but ideally submit it at beginning of each financial year (1st April of each year).

Q.For how long are Forms 15G and 15H valid?
Ans.Both the forms are valid for 1 financial year only.

Q.Is it mandatory to submit Forms 15G and 15H to the Income Tax Department?
Ans. No, You don’t need to hand over Form 15G or Form 15H to the Income Tax Department.

Q.Penalty for submitting false or wrong declaration in Form 15G/15H
Ans. As per Section 277 of the Income Tax Act, a false self-declaration can result in a fine and/or imprisonment. Therefore, do keep in mind that you should only submit your self-declaration through Form 15G if you are eligible

Q.For tax evasion through a false self-declaration of an amount that is more than INR 1 lac, the penalty is imprisonment that can last anywhere between 6 months to 7 years.
Ans.Faulty self-declaration in cases other than the one mentioned above, the penalty is imprisonment that can last anywhere between 3 months to 3 years.

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Due dates	advance tax payable
On or before the 15 th of June	15% of advanced tax liability
On or before the 15th _ of September	45% of advance taxes liabilities
On or before the 15th _ of December	75% of advance taxes liabilities
On or before the 15 th of March	100% of advanced taxes liabilities

 

Result Of No Payment of advance tax

 

Interest u/s 234B

• Paid taxes is less than 90% till 31st ^_ March of financial
• Then interest @1% for month or part of the months from 1 ^st April of assessments year till date of

 

Interest u/s 234C

• Short payment of advanced taxes on due
• Interest on short amount, 3% and 1% for respectively quarter during period of short

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