Latest Blogs from SBS and Company LLP

    In this edition, we bring to you certain important articles on various aspects. 

    The article on ‘Changes to Real Estate Sector – GST Perspective’ deals with the recent notifications issued in the context bringing changes to taxation aspects in real estate sector dealing with residential apartments. The rate of tax of 5% which is applicable for new projects which commences on or after 01.04.19 is coming without credit. Even though the new rate appears to be lower than old rate of 12%, the customer would be paying more tax because the credit which was erstwhile allowed and now not being allowed would sit in the cost of project on which customer would be asked to pay 5%. However, under the erstwhile scheme certain builders were collecting 12% and also not passing the benefit of input tax credit which has put the customer in highly disadvantageous position. Now that the builder is not allowed to avail credit, the question of passing of such benefit would not arise and accordingly the customer is benefitted to such an extent. 

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    Key Topics:

    AUDIT

    • OVERVIEW ON BANK GUARANTEE

    DIRECT TAX

    • ICDS VI - EFFECTS OF CHANGES IN FOREIGN EXCHANGE RATES

    UPDATES

    COMPANIES ACT, 2013

    • RULES, CIRCULARS, NOTIFICATIONS AND ORDERS ISSUED DURING THE MONTH OF MARCH, 2019

    Background:
    1. The Central Government has issued various notifications dated 30th March 19 to bring out the changes to the tax rates applicable for real estate sector. In this note, we have made an attempt to understand the impact of such notifications and the way forward for the promoters. Without any further delay, let us proceed to understand the notifications.

    Snapshot of Changes:
    2. Essentially, the notification dealing with rate of tax has categorised, the projects as under:

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    The purpose of the audit report is to summarize the findings in a way that auditee management can readily understand and see the impact of these findings. The audit report represents the end result of weeks of reviews, analyses, interviews and discussions. It provides important information to audit clients about the area reviewed by internal audit.

    More importantly, it provides details to management about significant issues that need to be addressed. How well internal auditors communicate that information is critical to getting their client’s acceptance of findings and their agreement with audit recommendations.

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    Section  37 of the Income Tax Act, 1961 (‘Act’) provides for deduction of revenue expenditure incurred, not being personal expenses and not being those covered by provisions of  Section 30 to 36 of the Act, wholly and exclusively for the purpose of the business or profession against income chargeable under the head Profits and Gains from Business or Profession.

    Finance Act (No.2) 2014 has inserted Explanation 2 to the Section 37 which provides that any expenditure incurred by the assessee on the activities[1] relating to Corporate Social Responsibility (‘CSR’) referred to in Sec 135 of the Companies Act, 2013 shall not be deemed to incurred for the purpose of business or profession.

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