1. No denial of sec. 54F benefit due to non-completion of construction in all respects within 3 years
2. Time-limit of one year to file refund claim doesn't apply to amount wrongly paid as 'Service Tax'
3. ITR 6 RELAESE4. MEF2015 instructions If you feel any problem in online submission of MEF, Please call on below noted contact details.
In Detailed
1. No denial of sec. 54F benefit due to non-completion of construction in all respects within 3 years
[2015] 60 taxmann.com 74 (Karnataka)
HIGH COURT OF KARNATAKA
Commissioner of Income-tax, Bangalore v. Smt. B.S. Shanthakumari
2. Time-limit of one year to file refund claim doesn't apply to amount wrongly paid as 'Service Tax'
August 6, 2015[2015] 59 taxmann.com 401 (Kerala)
Excise & Customs : Section 11B of Central Excise Act, 1944 applies only to amount having colour of 'tax'; amount wrongly paid as 'service tax' without even charge of service tax, does not colour of 'tax' and therefore, time-limit of section 11B would not apply to refund of said amount
[2015] 59 taxmann.com 401 (Kerala)
HIGH COURT OF KERALA
Geojit BNP Paribas Financial Services Ltd. v. Commissioner of Central Excise, Customs & Service Tax*
3. ITR 6 RELAESE
www/incometaxindia.gov.in
www/incometaxindia.gov.in
Points which shall be carefully read and be taken care for Multipurpose Empanelment Form (MEF) for the year 2015‐16
1 All the members in full time practice are advised to fill the MEF Form and shall submit full details in the MEF as this panel will also be available for the assignments other than the bank branch audit. The applicants falling under "cooling/rest" for Bank Branch Auditors Panel should also submit MEF as cooling/rest year does not count for the particular year of nonapplication.
2 Last date for submission of applications on the website www.meficai.org is 31stAugust, 2015. Members are advised to fill MEF well in advance to avoid last minute rush.
3 Please use Internet Explorer 6.0/ Mozilla Firefox 7.0 or later versions to fill MEF 201516.
4 The information filled in by the applicant in MEF can be edited/modified any number of times before final online submission.
5 All correspondence, acknowledgement, discrepancy letters, etc. will preferably be through email only. Please fill up email id correctly and ensure that it is active.
6 It is must to provide correct contact details i.e. telephone number, emailid also to keep track of these as and when allotment procedure starts.
7 (a) Unique Code Number (UCN) is very important as it facilitates compiling the applicants' bank audit experience. Therefore, an applicant must ensure that correct UCN appears in the MEF.
(b) If the applicant has never been allotted UCN at any point of time, we would like to inform that UCN will be allotted to all eligible applicants at the time of preparation of the Bank Branch Auditor's Panel.
(c)If UCN was allotted earlier, please mention this in Memorandum of changes in case it is not appearing in the MEF and also in the hard copy of the declaration. The changes will be incorporated in MEF Database after due verification.
(d) For MEF 201516, UCN will also be allotted to the noneligible applicants for Bank Branch Auditors’ Panel so that their data can be sent to the requisite authorities for other bank audits and other assignments. However, the following applicant will not be allotted UCN :
I. Member practicing in his individual name not holding full time CoP and/or associated as partner/ proprietor/Chartered Accountant employee in any other firm.
II. In case of firm, if none of partner/proprietor is
exclusively associated# with the firm.
# A member is not treated as exclusively associated with the firm if he is a partner in any other firm or is a sole proprietor of any other proprietary firm or is a paid employee elsewhere.
Therefore, you can apply for Multipurpose Empanelment Form without UCN also.
8 Applicant practicing in individual name should continue to use the same UCN in case he forms a sole proprietary concern.
9 Members may note that experience in capacity, as articled/audit assistant or paid employee/assistant should not be added in experience columns’ to be mentioned in questions of MEF.
10 In case the applicant was appointed as Central/Branch Statutory Auditor of a Public Sector Bank in the previous financial year, the following may be noted to avoid conflict of Interest :
a. Don’t associate with the same Bank (of which the applicant is appointed as statutory auditor) or any of its subsidiaries/associates, as concurrent/internal/income and expenditure or revenue auditor/stock auditor/ accounts etc of the bank/branch of banks & monitoring of borrowing sick unit.
b. Don’t take a loan (including outstanding on credit card) from/give a guarantee to a loan from the same Bank (of which the applicant is appointed as statutory auditor) or any of its subsidiaries/associates.
c. Don’t accept the position of a Director on the Board of the same Bank (of which the applicant is appointed as statutory auditor) or any of its subsidiaries/associates.
11 If an applicant has done audit of two or more than two entities or Statutory Central and/or as well as branch audit of a Bank for the same year, then it should be counted as one year experience only, while fillingup various questions of MEF.
12 The Institute reserves right to call for additional information including financial documents, annual financial statements, income tax & service tax returns and such other documents, from the applicant as may be considered appropriate.
13 While every care is taken in preparing the panel, in the event of any inadvertent mistake or omission, the Institute will not be responsible in any manner.
03/08/2015 MEF2015 instructions
14 The Institute does not undertake any responsibility with regard to the allotment of audit.
15 PROCEDURE FOR LOGGING INTO MEF:
MEF is designed differently in case of sole proprietary concern, partnership/LLP concern and members practicing in individual name and therefore, the applicant should select his option carefully.
i. The Partnership firm converted into Limited liability partnership (LLP) should use their old Firm Registration No. (FRN) to login to MEF. For example your FRN is 100000C and LLP registration No. S200000 please use 100000C and its date of Establishment.
ii. The new Limited liability partnership (LLP) should use its LLP registration No. and date of Establishment.
Visit www.meficai.org and select your option for empanelment as a sole proprietor/partnership concern/individual.
Remember the PASSWORD for future reference, as you would be able to log into your form using this password ONLY.
16 All the information being sourced from Institute database is static (not editable) and the same will be appearing with green background. Applicants, who do not agree with the details appearing in these fields, should fill in the Memorandum of Changes.
17 Status of the applicant as on 01.01.2015 will be considered for categorisation of the applicant for Bank Branch Auditors’ Panel, subject to the following:
(a). In case, any of the partner resigns during the period from 01.01.2015 till the date of final preparation of the panel for submission to RBI (tentatively in October, 2015), the same will be given effect to as per the data base of the Institute and provisional category as on 01.01.2015 as mentioned in acknowledgement will stand modified accordingly. This means the credit will be given for only those continuing partners (from out of the partners as on 01.01.2015) who have signed the declaration, for categorisation in Bank Branch Auditors’ Panel. Further, the credit will not be given for the partners who have joined subsequent to 01.01.2015.
(b). In case any of the Chartered Accountant employee as on 01012015 resigns during the period from 01.01.2015 till the date of final preparation of the panel for submission to RBI (tentatively in October, 2015), and another Chartered Accountant employee joins during the same period, category as mentioned in acknowledgement will remain unchanged.
18 COMPLAINT FILING MECHANISM
a. In case, an applicant faces any problem in accessing, operating or submission of MEF, complaint may be lodged by accessing complaintbox link available on www.meficai.org
b. Applicants can lodge their complaint by using either MEF No./ MRN / FRN
c. Complaint number will be displayed on the system after successful lodging of complaint. Please note the complaint number for future reference. Applicant would be able to view the status of their complaints by using MEF No. /Complaint No./MRN/FRN.
d. All the complaints lodged by the applicant would be looked into by PDC Secretariat.
19. In case, the complaint is not resolved or replied within a week, members can call at 01130110444, 30110438, 30110440, 30110451, 30110480 and 30110508.
20. SUBMISSION OF DOCUMENTS
A hard copy of the Declaration duly signed by all (the continuing) partners/ proprietor/ member practicing in individual name accompanied by a print of acknowledgement of submission of MEF must be sent to ICAI by courier/speed post/hand delivery at the following address in an envelope superscribed with "DECLARATION FOR MEF 201516" so as to reach on or before 15thSeptember 2015.
The Secretary
Professional Development Committee
The Institute of Chartered Accountants of India
"ICAI Bhawan" Plot No A 29
Sector 62, NOIDA
Dist: Gautam Budh Nagar
Uttar Pradesh
PIN 201309
21. Receipt of hard copy of the Declaration will not be individually acknowledged. The same will be displayed on the website mentioning MEF number within 15 days of receipt of the Declaration. Declarations will then be verified for completeness and correctness and discrepancy (ies), if any, will be intimated to the applicant by email.
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