STUDY TIPS FOR IPCC & FINAL LAW SUBJECT : CA ROCKSTARS


Tips to Prepare for LAW ( IPCC & CA Final )

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  1. I would not suggest to refer modules in Law as they are old and expired.
  2. Many times you are afraid of how to remember Section no’s and all … I suggest you no need to remember all sections only fundamental sections are enough to remember. The most important thing is what is inside sections.
  3. Refer a good book like I suggest Munish Bhandari & GK Kapoor.
  4. It would be difficult to write the way modules are written but it is very much advisable in this subject. You can practice at home.
  5. Refer only one book as more then one will create lot of confusions.
  6. You can not write anything in this subject else you know the law i.e. No “tukka maro pravati“ in this subject.
  7. Slogan funda’s will not work here and I suggest you not to try out slogans in Law.
  8. Prepare a list of important sections and stick to your study board and revise it as many times (Proved 100% successful). Make a Chart of Section serially.
  9. Your “rutta pravati” may work here as there is no concept in remembering sections.
  10. This is very interesting subject for those who are interested into but for those who feel it difficult to handle I suggest to use way to which they are comfortable. Just remember “you can Do It”
  11. Remember one thing bol bol ke padhna bhi fayada karta he but not when someone else is getting disturbed from it.
  12. Refer suggested answers or scanners to know the trend in exam i.e. which chapter is more important and which is less, you can even read in that order.
  13. Understand how to answer questions based on Case Studies. Take reference guide from previous attempts answer patterns.
  14. Complete a particular topic and try to solve past year question on that topic without help of books.
  15. Keep some pages blank in your register after completion of each topic, put updates and other clari
  16. ications which may come afterward in your mind.
  17. Remember the latest case laws and amendments as there are very much chances that examiner will ask question on that.
  18. Check the pattern of question paper, instructions. Are there any changes? It’s essential that you are aware of the paper style
  19. Make sure that all your notes are arranged systematically.
  20. Revision has to be done by keeping the outline of the chapters. This will make you go through them quick and easy.
  21. Take short breaks and study. Without break you can not get more output from your studies.
  22. It is not important how many hours you study; it is more important how well you have studied.
  23. Time yourself while you are studying. It’s essential that you finish one chapter and take 5 minutes break to do anything of your hobby to make you fresh (Listen Music)
  24. Talk less to keep only specific thoughts in your mind as during exam time less you talk and more you walk will keep you charge
  25. f.ALSO SEE :-   LAW ETHICS N COMMUNICATION NOTES
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Service tax return filing date extended to 10th September 2013


F.No.137/99/2011-Service Tax
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
***
New Delhi, dated the 30th August, 2013
Order No: 4/2013-Service Tax

In exercise of the powers conferred by sub-rule(4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise & Customs hereby extends the date of submission of the Form ST-3 for the period from 1st October 2012 to 31st March 2013, from 31st August, 2013 to 10th September, 2013.

The circumstances of a special nature, which have given rise to this extension of time, are as follows: 
“ Difficulties have been faced by assessees in uploading the offline utilities”.

Himani Bhayana
Under Secretary (Service Tax)
Central Board of Excise and Customs

 

FAQs – E-Filing Audit Report Replied By CA Sudhir Halakhandi.


FAQs – E-Filing Audit Report Replied By CA Sudhir Halakhandi.

Q.1:- Why we have to E-file the Balance sheet and profit and loss account. Is there any circular or notification in this respect out of which the requirement of E-filing the Balance sheet and profit and loss account has emerged.

A:-The requirement to E- file the audit report u/s 44AB is mentioned in the proviso of Rule 12(2) of the Income tax rules 1962 and if we take the case of Form 3CB or 3CA (the tax audit report u/s 44AB ) , the Form 3CB or the Form 3CA itself mentioned in its body that Profit and loss account and Balance sheet are attached with it hence there is no requirement to issue separate notification, rule or circular to make it mandatory to e-file the Balance sheet and profit and loss account.

Q.2:-Is it sufficient to furnish the unsigned PDF copy of the profit and loss account and Balance sheet or the scan copy of the same duly signed by the CA and assessee is required ?

A:-This is very common question and it has been asked by so many professionals.
In my opinion the profit and loss account and Balance sheet should be filed duly signed by the assessee and CA i.e. the singed (both by assessee and CA) Balance sheet and profit and loss account is to be scanned and the PDF copy of the same is required to be e-filed. There are reasons of my opinion which are being explained below:-
(i). The 3CB/3CD can only be filed after completion of audit and in that case the Balance sheet and profit and loss account are also signed by the assessee and CA so at that time these is no existence of unsigned Balance sheet and profit and loss account. So here Balance sheet and profit and loss account means audited Balance sheet and profit and loss account and audited profit and loss account and Balance sheet can only be construed as “Singed Profit and Loss account and Balance sheet” both by CA and assessee. you have to file the signed audited Balance sheet.
(ii). The second reason is based on the fact that in most of the cases the assessee is not “practically” aware about the existence and importance of the Digital signatures and E-filing of ITR and these are handled by the CAs and even the audit reports are approved by the CAs on behalf of the assessee with the digital signatures of the assessee though in that case they are working in capacity other than auditor(Tax consultant or Tax advisor) of the assessee . So if you took the physical signatures of the assessee on the Balance sheet and profit and loss account before finally uploading it, it will be a safer practice.

Q.3:- Is it possible to file the ITR first and then e-file the audit report? What should be the exact sequence of the actions in this respect?

A:-Here see the information required to be filled the ITR and there is a column in the ITR which requires the “date of furnishing the audit report”. Hence first you have to E-file the audit report and then it has to be approved by the assessee and ITR can be filed by the assessee thereafter. This should be the exact sequence.

Q.4:- What should be treated the date of Furnishing of audit report? Is it the date on which the Tax audit report is e-filed by the CA or the date on which the audit report is approved by the assessee? What is the difference between the date of report of the audit (which is also a separate requirement of the ITR) and date of furnishing of audit report?

A:-First take the “date of report of audit” and it means the date which is mentioned on the face of the audit report i.e. the date on which the audit report is signed by the CA and there is should be confusion about the date of report of audit.
There may be some confusion about the date of “furnishing of audit report”. There may be a opinion that date of E-filing of audit report should be the date of submission of audit report and second opinion is that the process of E-filing of audit report is completed when it is approved by the assessee so the date of approval of audit report by the assessee should be taken as the date of furnishing of the audit report.
Now see, the fact is that the audit report is E-filed on a particular date and the subsequent event or date of its approval will not change “this fact” hence if the audit report is “approved” then the date of E-filing of audit report should be the date of “furnishing of audit report”. Let us try to verify this fact from one of our case:-
The audit report of one of our client was uploaded on 13/08/2013 and it was approved on 23/08/2013 and in the work list of the assessee after approval of the audit report the date of submission is mentioned as 13/08/2013.Further in the Account of CA the date of filing for the same assessee is mentioned as 13/08/2011 though the assessee has approved the audit report on 23/08/2013.

Q.5:- We have e-filed the audit report and also filed the ITR but up to that moment the audit report is not approved by the assessee. What will be the consequences of this mistake and what should be done from our side to rectify this mistake?

A:-Is it practically possible to E-file the ITR even before the approval of the audit report by the assessee? Yes and we have experienced it so it is also a shortcoming of the system since in that case the E-filing system should have given the “error signal” and in our case we E-filed the audit report and by mistake also filed the ITR on behalf of the assessee even before the approval of the audit report and it was accepted without showing any “error message” but when mistake was noticed by us we approved the audit report on behalf of the assessee .

Q.6:- How can we take the printing of Form 3CB/3CD because the utility does not provide the facility of printing the form. We have been suggested to take the print from the account of the assessee in his work list but there is a problem about his password because we are not filing the ITR on behalf of the assessee and he is taking services of some other professionals in this respect.

A:-There is no need to have pass word of the assessee to get the uploaded Form 3CB/3CD because these are also available in the account of the CA also and for this purpose you need the PAN and DOB of the assessee. For this purpose you have to Login in As CA, then go to My Account→ view Forms and you will get the following screen, fill the required details and you will the required Forms in printable format.Since at the time of opening of the Form 3CD/3CB , the PAN and DOB of the assessee will be required and by filling these two you can open and print the forms. So there is no need to have the Pass word of the assessee to take the printout of the Form 3CD/3CB.

Q.7:-We are not able to keep track of E-mails daily but wants to know how many assessees have added us as CA. Is it possible to see it at a glance?

A:-Yes you can see it in your account. Go to My Account→ view client List and then you will get the List.

Q.8:- What is the expectation and possibility of extension of date for completion of Tax audit this year considering the circumstances in which the CAs are facing difficulties in completing the task within time.

A:-Yes it is a new task for the CAs and further since the ITRs were also introduced very late and still the utility to E-file is not free from the mistakes hence it is natural for chartered accountants to have difficulties in completing this new task hence the date of completion of audit should be extended by at least 2 Months but the declaration in this respect should be made immediately instead of waiting for the last day.

Summary Of The National Food Security Bill 2013


 Preliminaries

The Bill seeks “to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith and incidental thereto”.

It extends to the whole of India and “shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different States and different provisions of this Act”.

2. Entitlements

Public Distribution System (TPDS)

Priority households are entitled to 5 kgs of foodgrains per person per month, and Antyodaya households to 35 kgs per household per month. The combined coverage of Priority and Antyodaya households (called “eligible households”) shall extend “up to 75% of the rural population and up to 50% of the urban population”.

The PDS issue prices are given in Schedule I: Rs 3/2/1 for rice/wheat/millets (actually called “coarse grains” in the Bill). These may be revised after three years.

Children’s Entitlements

For children in the age group of 6 months to 6 years, the Bill guarantees an age-appropriate meal, free of charge, through the local anganwadi. For children aged 6-14 years, one free mid-day meal shall be provided every day (except on school holidays) in all schools run by local bodies, government and government aided schools, up to Class VIII. For children below six months, “exclusive breastfeeding shall be promoted”.

Children who suffer from malnutrition will be identified through the local anganwadiand meals will be provided to them free of charge “through the local anganwadi”.

Entitlements of Pregnant and Lactating Women

Every pregnant and lactating mother is entitled to a free meal at the local anganwadi(during pregnancy and six months after child birth) as well as maternity benefits of Rs 6,000, in instalments.

[Notes: (1) “Meal” is defined in the Bill as “hot cooked meal or ready to eat meal or take home ration, as may be prescribed by the Central Government”. All “meals” have to meet nutritional norms specified in Schedule II. (2) The entitlements of women and children are to be delivered by state governments through schemes “in accordance with the guidelines, including cost sharing” to be prescribed by the Central Government. (3) Every school and anganwadi is to have “facilities for cooking meals, drinking water and sanitation”. (4) For purposes of issuing ration cards, the eldest woman in the household (not less than 18 years of age) shall be considered head of the household.]

3. Identification of Eligible Households

The Bill does not specify criteria for the identification of households (Priority or Antyodaya) eligible for PDS entitlements. The Central Government is to determine the state-wise coverage of the PDS, in terms of proportion of the rural/urban population. Then numbers of eligible persons will be calculated from Census population figures. The identification of eligible households is left to state governments, subject to the scheme’s guidelines for Antyodaya, and subject to guidelines to be “specified” by the state government for Priority households. The lists of eligible households are to be placed in the public domain and “displayed prominently” by state governments.

4. Food Commissions

The Bill provides for the creation of State Food Commissions. Each Commission shall consist of a chairperson, five other members and a member-secretary (including at least two women and one member each from Scheduled Castes and Scheduled Tribes).

The main function of the State Commission is to monitor and evaluate the implementation of the act, give advice to the states governments and their agencies, and inquire into violations of entitlements (either suo motu or on receipt of a complaint, and with “all the powers of a civil court while trying a suit under the Code of Civil Procedure 1908”). State Commissions also have to hear appeals against orders of the District Grievance Redressal Officer and prepare annual reports to be laid before the state legislature.

The State Commission may forward “any case” to a Magistrate having jurisdiction, who shall proceed as if the case has been forwarded under Section 346 of the Code of Criminal Procedure 1973.

5. Transparency and Grievance Redressal

The Bill provides for a two-tier grievance redressal structure, involving the District Grievance Redressal Officer (DGRO) and State Food Commission. State governments must also put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, “or such other mechanisms as may be prescribed”.

Transparency Provisions

Mandatory transparency provisions include: (1) placing all PDS-related records in the public domain and keeping them open for inspection to the public; (2) conducting periodic social audits of the PDS and other welfare schemes; (3) using information and communication technology (including end-to-end computerisation of the PDS) “to ensure transparent recording of transactions at all levels”; (4) setting up vigilance committees at state, district, block and fair price shop levels to supervise all schemes under the act.

District Grievance Redressal Officers

DGROS shall be appointed by state governments for each district to hear complaints and take necessary action according to norms to be prescribed by state governments. If a complainant (or the officer or authority against whom an order has been passed by the DGRO) is not satisfied, he or she may file an appeal before the State Food Commission.

Penalties and Compensation

The Food Commissions have powers to impose penalties. If an order of the DGRO is not complied with, the concerned authority or officer can be fined up to Rs. 5,000. The Commission can authorise “any of its members” to act as an adjudicating officer for this purpose.

In case of “non-supply of the entitled quantities of foodgrains or meals to entitled persons”, such persons will be entitled to a food security allowance from the state government, as prescribed by the central government.

6. Other Provisions

PDS Reforms

In Chapter VII, the Bill states that central and state governments “shall endeavour to progressively undertake” various PDS reforms, including: doorstep delivery of foodgrains; ICT applications and end-to-end computerisation; leveraging “aadhaar” (UID) for unique identification of entitled beneficiaries; full transparency of records; preference to public institutions or bodies in licensing of fair price shops; management of fair price shops by women or their collectives; diversification of commodities distributed under the PDS; full transparency of records; and “introducing schemes such as cash transfer, food coupons or other schemes to the targeted beneficiaries in lieu of their foodgrain entitlements” as prescribed by the central government.

Obligations of Government and Local Authorities

The main obligation of the Central Government is to provide foodgrains (or, failing that, funds) to state governments, at prices specified in Schedule I, to implement the main entitlements. It also has to “provide assistance” to state governments to meet local distribution costs, but on its own terms (“as may be prescribed”). The Central Government has wide-ranging powers to make Rules.

The main obligation of state governments is to implement the relevant schemes, in accordance with the guidelines issued by the Central Government. State governments also have wide-ranging powers to make Rules. They are free to extend benefits and entitlements beyond what is prescribed in the Bill, from their own resources.

Local Authorities and Panchayati Raj Institutions are responsible for proper implementation of the act in their respective areas, and may be given additional responsibilities by notification.

7. Schedules

The Bill has three schedules (these can be amended “by notification”). Schedule 1 prescribes issue prices for the PDS. Schedule 2 prescribes “nutritional standards” for midday meals, take-home rations and related entitlements. For instance, take-home rations for children aged 6 months to 3 years should provide at least 500 calories and 12-15 grams of protein. Schedule 3 lists various “provisions for advancing food security”, under three broad headings: (1) revitalization of agriculture (e.g. agrarian reforms, research and development, remunerative prices), (2) procurement, storage and movement of foodgrains (e.g. decentralised procurement), and (3) other provisions (e.g. drinking water, sanitation, health care, and “adequate pensions” for “senior citizens, persons with disability and single women”).

 

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