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Routine compliance of law under various statutes

[Submitted by CS. Dhananjay Manohar Dumbre,
B.com., CS,
Mumbai, Maharashtra]

December 2, 2008

  PARTICULARS DUE DATE OF PAYMENT CONSEQUENCES
A

1

Income Tax

Tax Deduction at Source
 

   
  1. On salary Within seven days from end of the month in which TDS is deducted & in case of March provision within seven days of deduction. Interest u/sec.201(1)
   2. On contractors, sub contractors, prof.fees, commission & brokerage, rent, interest Within seven days from the end of the month in which TDS is deducted & in case of provision on 31st March, it is payable on or before 31st May. Interest u/sec.201(1), & if not paid before 31st March or 31st May, the corresponding expense is disallowed u/sec.40a(ia) & in case of failure prosecution proceedings attracted
  3. On professional fees Within seven days from the end of the month in which TDS is deducted & in case of provision on 31st March, it is payable on or before 31st May. Interest u/sec.201(1), & if not paid before 31st March or 31st May, the corresponding expense is disallowed u/sec.40a(ia) & in case of failure prosecution proceedings attracted
  4. On commission & brokerage  Within seven days from the end of the month in which TDS is deducted & in case of provision on 31st March, it is payable on or before 31st May. Interest u/sec.201(1), & if not paid before 31st March or 31st May, the corresponding expense is disallowed u/sec.40a(ia) & in case of failure prosecution proceedings attracted
  5. On rent Within seven days from the end of the month in which TDS is deducted & in case of provision on 31st March, it is payable on or before 31st May. Interest u/sec.201(1), & if not paid before 31st March or 31st May, the corresponding expense is disallowed u/sec.40a(ia) & in case of failure prosecution proceedings attracted
  6. On interest Within seven days from the end of the month in which TDS is deducted & in case of provision on 31st March, it is payable on or before 31st May. Interest u/sec.201(1), & if not paid before 31st March or 31st May, the corresponding expense is disallowed u/sec.40a(ia) & in case of failure prosecution proceedings attracted
  7. Payment to Non resident u/sec.195    If tax is not deducted then salary & interest is disallowed u/sec.40a
2 Payment of advance tax before 15th june-30%, 15th sept.-45%, before 15th Dec-75%., before 15 th March-100% Interest u/sec.234 B & 234 C is payable
3 Payment of advance FBT before 15th june-30%, 15th sept.-45%, before 15th Dec-75%., before 15 th March-100% Interest is payable on the same lines as u/sec.234 B & C
4 Quarterly filing of E TDS returns Within 15 days from the ended of each quarter except in case of March quarter for which due date is 15th June If not paid within due date, penalty is levied of Rs. 100 for everyday from the due date till the date of filing quarterly return.
B Service Tax

1. In case of individual, Proprietary firms & partnership firm

 

Payable on quarterly basis - 5th of the month immediately following the said quarter & in case of service tax on the value taxable services received during the month of March or the quarter ending March shall be paid by 31st March.

 

Interest @ 13% p.a.& it is payable along with service tax payment. Also, if not paid before due date of filing I.T return the same will be disallowed u/sec.43B

  2. In case of Companies Payable on monthly basis - 5th of the month immediately following the said calender month & in case of service tax on the value taxable services received during the month of March or the quarter ending March shall be paid by 31st March. Interest @ 13% p.a.& it is payable along with service tax payment. Also, if not paid before due date of filing I.T return the same will be disallowed u/sec.43B
  3. Filing of return

Return is to be filed on half yearly basis i.e 1st April to 30 th Sept.& 1st Oct.to 31st March

Return is to be filed in triplicate, on or before 25th of the month following particular half year i.e.25 th April & 25th October Penalty can be levied upto Rs.1000/-
C VAT

1.If VAT liability is more than Rs.1 lac

 

On or before 25th of the immediately following month

 

Interest under M VAT Act can be levied. Also, if VAT is not paid before due date of filing I.T.return, it is disallowed u/sec.43B

  2.If VAT liability is more than Rs.1 lac On or before 25th of the immediately following quarter Interest under M VAT Act can be levied. Also, if VAT is not paid before due date of filing I.T.return, it is disallowed u/sec.43B
D Companies Act

1. Holding of Agm

 

Within 6 months from the date upto which financial statements are prepared. i.e for Fin.St.as on 31st March, AGM Should be held on or before 30th Sept.

 

 

  2. Filing of annual audited financial statements Within 30 days from the date of AGM Fine of Rs.500/- for every month or part of the month during defaulting period
  3. Filing of annual return to RoC Within 60 days from the date of AGM Fine of Rs.500/- for every month or part of the month.
E Providend Fund Within 15 days from the end of month in which deduction is made If not paid before due date, employees' cotrn.is added to the profit. Employers' contrn. Is however allowed if it is paid before due date of filing I.T return.
  ESIC Within 21 days from the end of month in which deduction is made If not paid before due date, employees' cotrn.is added to the profit. Employers' contrn. Is however allowed if it is paid before due date of filing I.T return.

 

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