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All You Need To Know About RACP Bill No.116 Of 2020

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All You Need To Know About RACP Bill No.116 Of 2020

India’s Finance Minister, Mrs. Nirmala Sitharaman, have established the Taxation and Other Laws – RACP (Relaxation and Amendment of Certain Provisions) Bill, 2020 in the Lok Sabha on September 18, 2020. The RACP Bill will substitute the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020.

The Ordinance was brought into the picture in March 2020 to provide flexibilities to meet various compliances. This is done by extending the time limit and payment of taxes under the Income Tax Act, 1961 (hereby referred to as ‘the Act’) and certain other specified Laws.

The RACP Bill seeks to incorporate the provisions of Notification No. 35/2020, dated June 24, 2020, and Notification No. 56/2020, dated July 29, 2020 (issued by the Central Board of Direct Taxes under the above Ordinance) and also amend certain Sections of the Act.

Why was RACP Bill 2020 introduced?

The main reason was for it to act as a source of relief to the various categories of taxpayers during the coronavirus pandemic. ‘Other specified Laws’ include certain Finance Acts, Central Excise Act 1944, Customs Act 1962, Direct Taxes Vivad se Vishwas Act 2020, and Prohibition of Benami Property Transactions Act 1988.

Highlights of the Bill (Direct Taxes)

  • Regarding the Period

Particulars

Stated dates

Filing of the Income Tax Return for Assesment Year (AY) 2019-2020 September 30, 2020 *
Filing of the Income Tax Return for AY 2020-2021 November 30, 2020 *
Filing of Audit Reports (under any provision) for the AY 2020-2021 October 31, 2020 *

Tax Deducted at Source (TDS)/Tax Collected at Source (TCS) for February and March 2020 and 4th quarter for March 2020 (as the case may be, under all sub-sections)

March 31, 2021

Furnishing of Certificate under Section 192 of the Act for AY 2020-2021

(As per Section 192 of the Act, any employer responsible for paying salary to his employees can deduct TDS on an average rate of tax, based on the current slab rates during the relevant FY, by considering the employees’ estimated income)

March 31, 2021, {from August 15, 2020}

 

 

Sections 54 to 54BG (regarding the Exemptions under Capital Gains)

a)    Time limit for completion or compliance

b)    For making such completion or compliance

December 31, 2020 (from September 29, 2020)

March 31, 2021 (from September 30, 2020)

Chapter VI-A Deductions (under heading B):

a)    Time limit for completion or compliance

b)    For making such completion or compliance

December 31, 2020 (from July 30, 2020)

March 31, 2021 (from July 31, 2020)

Vivid se Vishwas Act, 2020:

a)    Time limit

b)    For completion or compliance

December 31, 2020

March 31, 2021 (from December 31, 2020)

*Note: – As per clause 3(1)(c) of the Bill, all due dates have been extended to March 31, 2021. However, the third proviso to clause 3(1)(c) forms an exception to the above rule. The third proviso deals with the filing of Returns for AY 2019-2020 and AY 2020-2021. For the AY 2019-2020, it states that the general due date of March 31, 2021, is substituted by September 30, 2020.

Similarly, for the AY 2020-2021, March 31, 2021, is substituted by November 30, 2020, and for the Audit Reports, the due dates will continue to be October 31, 2020. Hence, for all the items specified in the third proviso, the date specified in the condition will be the due date for compliance. For those items that do not fall in the third proviso (like the date for completion of assessments, issue of notice, filing of appeals, etc.), the last date will be March 31, 2021.

  • There is no extension for the payment of taxes;
  • The interest rate for late payment of taxes will be ¾ per cent per month or part thereof (only if the tax payable is more than Rs. 1 lakh);
  • No penalty will be levied;
  • No prosecution shall be sanctioned for the delay in the payment of taxes.

Note:- The ‘period of delay’ means the period between the due date and the time of payment.

  • New provisions for charitable trusts for re-registration, etc.

Approval under Section 10(23)(c)

The re-registration under Sections 12A, 12AA, and 80G is proposed to come into effect from April 1, 2021. The previously extended date was October 1, 2020.

In addition to the above, there are other amendments proposed in the Income Tax Act, 1961.

Current status of Bill

Although the RACP Bill was passed in the Lok Sabha on September 19, 2020, it is yet to be passed in the Rajya Sabha. Once the Bill is passed in the Rajya Sabha and receives the assent of the President, the proposed amendments will gain effect.

As slowly the Bill goes into the final stage, taxpayers can hope that the amendments will be beneficial for them to stay within the legal boundary and compliances.

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How SEBI’s New Margin Rule Is Affecting Retail Traders?

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SEBI Margin Rule | News Aur Chai

Securities and Exchange Board of India has introduced new margin rules for traders. Traders and Brokers are not happy with the new regulations because they will have to invest a large amount of cash in fulfilling margin requirements for trade.

SEBI had introduced the new margin rule in the year 2020 for intraday traders. It is being implemented in a phased manner. Traders were supposed to maintain 25 per cent of the peak margin in the first phase; the margin was raised by 50 per cent in the second phase. In the third phase, as per the new margin rule, intraday traders will have to pay a 100 per cent upfront margin. According to new norms, the margin requirements will be calculated four times during every trading session because the money margin must be greater than the need.

As per the new rule, brokers must collect margin from investors for any purchase or sale, and if they fail to do so, they will have to pay the penalty. Thus, brokers will not receive power of attorney. Brokers cannot use power of attorney for pledging anymore.

Those investors who want to make use of margin will have to create margin pledges separately. As per the new rule, investors will have to pay at least a 30 per cent margin upfront to avail a margin loan. Shares brought today cannot be sold tomorrow. Funds from shares sold today cannot be used for new trades on the same day.

The market experts said that there must be proper adjustments for implementing new rules, or it may create chaos, trouble and disturbance to the market participants. The CEO and founder of Zerodha broking firm, Nithin Kamath tweeted that, “the day when the new rules came into effect was the dreaded day for brokers, exchanges, intraday traders”.

Traders Are Not Happy:

Changes in rules have evoked strong reactions from traders because they will have to invest a large amount of cash in fulfilling margin requirements for trades as per new margin rules. Even the trading in futures and options will become more expensive. Traders are disappointed because they will have to pay up more money to bet in stock markets. As per new margin rules, Traders are also liable for the penalty if the rules are not followed during the trading session. If a trader wants to buy Nifty worth Rs 10 lakh, he will have to pay a 20 per cent margin of around 2 lakh. If the margin of the trader does not meet the need, he will be penalized. Traders will have to pay the minimum amount for opening the Multilateral Trading facility account, and they have to maintain a minor balance at all times.

Why Gas SEBI Introduced A New Margin Rule?

SEBI has introduced new rules to protect retail investors from purchasing difficulty. The intended goal of SEBI behind new margin rules is to bring down the difficult market situation and avoid huge fluctuation in stock markets during extreme stress. The new margin rules are likely to bring transparency to the market; it is expected to strengthen the market’s safety.

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Maya Global Education Society Acquires GIAP Journals

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GIAP MGES Journals | News Aur Chai

Gyandhara International Academic Publications (GIAP Journals), headquarter at Mira Road, Thane, Maharashtra, has been completely acquired by Maya Global Education Society (MGES), Prayagraj, India, with effect from 25th August 2021. Maya Global Education Society is an emerging confluence of academicians to cater to challenges in the educational and research domain in the post-pandemic world. Its headquarter is at Prayagraj, India.

According to our trusted sources value of this acquisition is around 50,000 USD. MGES claimed that their core activity is developing an online research-based education and training system that will reach all parts of the society irrespective of their economic status.

MGES aims to delve into the following activities:
* Training to academicians on tools and systems to improve students’ engagement in an online environment.
* Training to early researchers on research tools, software, and methodology.
* Training to early professionals and graduates to meet the skills demand of Industrial Revolution 4.0 (based on World Economic Forum suggestions).
* Publication of open access research journals and books (Recently acquired GIAP Journals).
* Distribution of scholarly content to Universities and higher education institutions.

GIAP cofounder and CEO Mrs. Rajni told us in an exclusive interview that the journey of GIAP was like a dream come true. It started in 2012 with loans on personal jewelry. After serving in the academic fraternity for the last 9 years, it was a timely decision for all journals and books to grow under the able guidance of pure academicians and researchers.

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Kitex’s Stock Surged 46% In A Week Post Tussle With Kerala Government

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Kitex Vs Pinarayi Vijayan & Kerala Government 2021 | News Aur Chai

The stock of Kitex Garments, the world’s second-largest manufacturer of kids’ garments, based in Kerala, saw a secular uptrend recently, after the company’s announcement that it will relocate to Telangana following a squabble with the Kerala government. The group withdrew a 3,500-crore investment project from Kerala and is planning to move to Telangana with a 1000 crore worth investment project.

Sabu M Jacob, the chairperson and managing director of the Kitex Group, stated his morality forbids him from ever investing a single rupee in Kerala, his native state. The comment brings the confrontation between the Kerala government and the homegrown firm to a close.

What is at the root of the clash?

Kitex has been subjected to repeated inspections by various Kerala government authorities in recent weeks, with group chairperson Sabu Jacob publicly accusing Pinarayi Vijayan’s Left administration of hounding the firm.

The inspections, Jacob said, were intended to “harass” businesses like him and “push him into a corner.” The authorities who came down to examine the firm, he claimed, seemed as though they were on the lookout for thieves and criminals.

P Rajeev, the state’s Industries Minister, emphasized that the government had not conducted any Suo Motu inspections of the firm. While the industries department did not conduct any searches, he said the health and labour agencies did so in response to orders from the Kerala High Court and the National Human Rights Commission based on individual complaints. The accusations are allegedly related to the company’s treatment of employees and the contamination of a nearby river due to wastewater discharge.

A Congress MP and a Congress MLA, and a female employee filed charges against the organization. The charges ranged from polluting a local waterway to harassing employees and violating minimum wage laws.

The Kerala government has denied targeting Kitex on purpose. The inspections were carried out in response to complaints and directives from courts and the state’s human rights commission; according to state industries minister P. Rajeev, he said his government stands for “responsible investment”, and the state would be a hub for such investments in a few years. He added, “The LDF Govt. ensures that sustainable and innovative industries thrive here,”

What was the aftermath of the inspections?

Even though the final findings of the official inspections are still pending, Jacob escalated his feud with the government by announcing that he was cancelling investments worth Rs 3,500 crores that were announced during the ASCEND conference in January 2020. By 2025, the investments were intended at establishing an apparel park and industrial parks along the proposed economic corridor in Kochi, Thiruvananthapuram, and Palakkad, resulting in the creation of thousands of employment opportunities.

Without identifying anyone in the state administration, Jacob said that the state lacked a business-friendly environment. While he did not want to relinquish the intended investments in Kerala, he said he was compelled to do so due to political and bureaucratic persecution. He said that although other states in the country were gradually improving their economic environment, Kerala was still 50 years behind.

Jacob and a few Kitex officials went to Hyderabad last week on a private plane supplied by the Telangana government, where they met with a team led by the state’s Industries Minister, KT Rama Rao. The business revealed intentions to spend Rs 1,000 crore in an apparel park at the Kakatiya Mega Textile Park in Warangal after two days of negotiations.

The political consequences of the experiment

Jacob, the founder of the Kitex Group, is an industrialist who has also dabbled in politics. Jacob launched Twenty 20, a one-of-a-kind political experiment that won seats in panchayat elections in 2015 and then built on that success in the 2020 elections by winning seats in new panchayats.
This corporate-driven panchayat model has resulted in a lot of growth in tiny villages, putting both the Congress and the Communist Party of India in danger (Marxist).

Kerala’s rating in terms of ease of doing business

Kerala ranks worse than many other states and union territories when it comes to the ease of doing business. Based on improvements that states were asked to adopt in 2019, it was placed 28th out of 36 states and UTs in the ease of doing business rankings.

Kerala was judged to have failed to implement some labour reforms, such as single-window clearance and measures to ensure simple information flow and transparency.
Following the Kitex withdrawal, however, several groups that had thrived in the state for years came out openly in favour of the state administration.

RPG Enterprise’s chairperson Harsh Goenka publicly tweeted in support of the administration. He stated, “We are the largest employers in Kerala. We find the local government very supportive,”

Where does the company stand in the share market?

With the decision to invest in Telangana, Kitex’s shares were once again trapped in the upper circuit. On Wednesday, the stock soared almost 10%, reaching a record high of Rs 204.05.

Within a week, the stock price of the children’s clothing company rose by almost 85 percent. The stock price increased from Rs 110.05 to Rs 204.05, reaching its highest level in three years. The company’s market capitalization increased to Rs 1,357 crore from Rs 732 crore as a result of this.

Because it controls 55 percent of the firm, the promoter entity, which includes Kitex Managing Director Sabu Jacob, profited Rs 347 crore. Sabu Jacob’s entire share value increased to Rs 754 crore.

Meanwhile, the BSE pressed Kitex for an explanation for the sharp increase in share prices, which the firm attributed to a Rs 1,000 crore investment plan in Telangana.

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