Compliance Calendar for February 2023.

Compliance Calendar for February 2023. Compliances

Jan 312023

Appended below is the Pan India Compliance calendar for February 2023, employer is under obligation to contribute towards some of the above-mentioned compliances for the welfare of the employees. Each of these compliances is again governed by a set of rules and formulas. It is proven to be a deliberate attempt to violate the provisions of the law, there could be imprisonment of the employer. Please, comply with the same in time to avoid any future non-compliance so that hefty penalties and fines are not charged by the respective dept.

COMPLIANCE CALENDAR FEBRUARY 2023 >>> DOWNLOAD

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Why Is Recruitment Software So Important To An Organization?

Why Is Recruitment Software So Important To An Organization? Compliances

Jan 242023

In today’s competitive job market, recruitment software is crucial in helping organizations find the right talent. Recruitment software is a powerful tool that helps organizations manage their recruitment process efficiently. It allows them to automate the process of finding, screening, and hiring the right candidate for the job. Not only does it save time and money, but it also ensures that the organization finds the best talent available. The software also helps organizations track their progress and ensure they are constantly updated with their recruitment efforts. It can streamline onboarding processes, manage job postings, and analyze data from past recruitment efforts. With this information, recruiters can make better decisions when hiring candidates. By using recruitment software, organizations can ensure that they are getting the most qualified candidates for each job opening. By utilizing recruitment software, organizations can save time and money while ensuring that they are finding the best candidates for their open positions.

What is Recruitment Management System

A recruitment management system (RMS) is software that helps organizations automate and streamline their recruitment process. It is designed to handle all aspects of the recruitment process, from sourcing and attracting candidates to scheduling interviews and onboarding new hires.

Some standard features of an RMS include:

Job posting and applicant tracking
Resume and application management
Interview scheduling and management
Candidate communication and collaboration tools
Onboarding and new hire paperwork management
Reporting and analytics

An RMS can be a standalone system or integrated with other HR systems, such as a human capital management (HCM) system. HR departments and recruitment agencies often use it to manage and track job openings, resumes, and candidates.

How Does Recruitment Software Work

Recruitment software is a powerful tool that can help organizations streamline their recruitment process. It helps employers find suitable candidates faster and more efficiently. The software collects and analyzes data from job postings, resumes, and other sources to identify potential job candidates. It then uses algorithms to match the best candidates to the positions they are applying for. Additionally, it can automate many administrative tasks associated with recruitment, such as scheduling interviews and sending out notifications. This helps save time and money while ensuring that only qualified applicants are considered for a position.

One of the most important features of recruitment software is employee self service. This feature allows employees to access their information and submit applications directly from their computers or mobile devices. This eliminates manual data entry and speeds up the recruitment process significantly. It also makes it easier to keep track of employee information, such as resumes, job history, references, etc., which can be used in future recruitment efforts.

What Benefits Come From Using Recruitment Software?

Recruitment software can be an excellent asset for any organization that wants to improve its performance management. It allows employers to quickly and efficiently track the performance of their employees and identify areas for improvement. Performance management software can also help organizations track employee performance over time, providing insight into areas where improvement is needed.

There are several benefits to using recruitment software, including:

Increased efficiency and productivity: Recruitment software can automate and streamline various aspects of the recruitment process, such as resume screening and interview scheduling, which can save time and resources for organizations.
A larger pool of candidates: Recruitment software can enable organizations to source candidates from a broader range of job boards and career websites, potentially increasing the chances of finding the best fit for the job.
Improved organization and standardization: The software can help organizations standardize and organize their recruitment process, making tracking and managing candidates and job openings easier.
Better analytics and metrics: Recruitment software can provide valuable analytics and metrics, such as time-to-hire and source of hire, which can help organizations optimize their recruitment efforts.
Compliance with equal opportunity and anti-discrimination laws: The software can help organizations comply with equal opportunity and anti-discrimination laws and regulations.

Overall, using recruitment software can help organizations improve the quality and efficiency of their recruitment process, which can ultimately lead to better hiring outcomes and a more vital workforce.

Frequently Asked Questions

Q. What are the main features of recruitment software?

A. Recruitment software is essential for any HR department, providing a streamlined way to find and hire the best candidates for the job. It helps recruiters to manage their recruitment process more efficiently and effectively. The main features of recruitment software include applicant tracking, automated screening, job posting, resume database search, candidate communication tools, interview scheduling, and assessment tools.

Q. How does recruitment software make the recruitment process more efficient?

A. Recruitment software is an automated solution that helps organizations to streamline their recruitment process. It enables recruiters to post job openings quickly, source candidates, evaluate resumes, and track the progress of each candidate. Automating the recruitment process makes it easier for recruiters to find the right candidate for a job in a shorter amount of time.

Q. What are the benefits of using a recruitment software system?

A. The benefits of using a recruitment software system include better visibility into job openings, quicker turnaround times for applications, and an easier way to manage applicants. It also provides employers with a more comprehensive view of potential candidates so they can make informed decisions about who to hire.

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Sales in case of stock broker and sub-broker.

Sales in case of stock broker and sub-broker. Compliances

Jan 162023

Every assessee carrying on business shall get its accounts audited if certain conditions are fulfilled and the same is true in the case of stockbroker and/or sub-broker. The principles enumerated below are equally important for considering the account amount of sale in their profit and loss account.

Rules to consider a transaction as sale in case of stock broker / sub-broker

Share brokers, on purchasing securities on behalf of their customers, do not get them transferred in their names but deliver them to the customers who get them transferred in their names.

The same is true in the case of sales also. The share broker holds the delivery merely on behalf of his customer. The property in goods does not get transferred to the share brokers.

Only brokerage which is being accounted for in the books of account of share brokers should be taken into account for considering the limits for the purpose of section 44AB.

However, in the case of transactions entered into by the share broker on his personal account, the sale value should also be taken into account for considering the limit for the purpose of section 44AB.

The case of a sub-broker is not different from that of a share broker as far as accounting of revenue from broker activities is concerned.

Explanations

In CIT v. Lallubhai Nagardas & Sons (1993) 204 ITR 93 (Bom) it was held that the transactions of sale purchase of shares done by the assessee as a stockbroker for and on behalf of his constituents were far in excess of the ceiling limit specified in section 44AB. If such transactions are to be considered as sales and turnover of the assessee, the case would be hit by the mischief of section 44AB. The point to be considered is the nature of the function and activities of a broker or an agent who brought the seller and buyer of the equity market together.

The word ‘turnover’ as appearing in section 44AB is not appropriate to the transaction which is done by an agent in the way of bringing together a buyer and a seller for brokerage or commission.

As a share broker, the assessee does not have any interest whatsoever in the goods agreed to be purchased or sold on behalf of his constituents.

In fact, a share broker is subject to the rules and regulations of the stock exchange, whose work is monitored and overseen by the SEBI so as to ensure transparency in the transactions entered into by the share broker on behalf of his principals.

Insofar as a share broker is concerned, he has no authority whatsoever to treat the goods as his own. His only interest in the goods is to receive his brokerage on the transaction from the principals.

The share broker would, therefore, not obviously come within the ambit of section 44AB.

Analysis of sale (form No 3CD)

It would be useful to refer to the format of Form No. 3CD which contains the particulars required to be furnished by the assessee for the purposes of section 44AB.

Item at Serial No. 32 of the form refers to several accounting ratios like gross profit/turnover, net profit/turnover, and stock-in-trade/turnover. Obviously, the accounting ratio envisages the own turnover of the assessee, i.e., the realization of the sale price by the assessee in his own account which is to be considered for the purposes of arriving at the gross profit margin.

However, if the stockbroker is also engaged in buying and selling shares in his personal account then the sale value of such shares is also to be taken into account and aggregated with the brokerage to determine the limit specified in section 44AB.

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Implement A Performance Management Process In Your Company.

Implement A Performance Management Process In Your Company. Compliances

Jan 102023

Performance management is an essential aspect of employee life. It can assess and improve performance, give feedback, identify training needs, and reward outstanding performance. Performance management helps employees achieve their goals by providing feedback on how they are performing in their job. It also gives employees a chance to review the company’s expectations for them and decide if they are meeting those expectations. It can help employees make improvements or changes in how they do things that will increase productivity or improve the quality of work.

Managers need to understand what they should look for when evaluating an employee’s performance and what kind of feedback should be given at each level. Managers should also know what type of rewards they can give out based on the level of performance that has been achieved.

How does the performance management system work?

Performance management systems are used to measure employees’ performance to reward or sanction them. The system is usually based on a set of objectives that both the employer and the employee have already agreed on. Performance management systems help organizations in many ways: they help with the recruitment process, they help with staff retention, they help with developing better leaders, etc. These objectives are typically grouped into categories such as ‘quality,’ ‘efficiency,’ and ‘customer focus.’

Performance management software is a system that helps HR teams and managers manage their employees’ performance. The system is based on various metrics used to measure employee performance. The metrics can vary from one organization to another, and the company’s strategy usually determines them.

An attendance management software helps to track employee attendance. This software has many benefits, such as increased productivity, reduced absenteeism, and improved quality of service.

What are the five stages of performance management?

Performance management is a process that every company should have in place. It helps managers and employees understand how they are doing and what they need to do to improve their jobs.

There are five stages of performance management:

– Setting goals-: Think about the results you want to see. Before you set a goal, take a closer look at what you’re trying to achieve.

– Monitoring progress-: Continuously measuring performance and providing feedback on progress toward the goals.

– Providing feedback-: Note opportunities for improvement.

– Taking corrective action-: Interacting with the employee to improve performance or behavior.

– Reaching the goal-: To provide a clean and consistent working environment for both managers and staff, which will ultimately result in higher productivity.

How to evaluate employee performance

To evaluate an employee’s performance, Having a system in place is essential. One way to do this is by assigning specific tasks or goals and evaluating them regularly. Performance management software is a solution that helps companies to evaluate their employees’ performance. It provides a detailed overview of the employees’ work, what they do best and what they need to improve. It also allows managers to provide feedback and coaching.

Evaluating the performance of employees is a crucial component of the success of any company. It is essential to know how each employee performs on different tasks and how their performance changes over time. Leave management software lets you know how much time your employees have left for their leaves.

Frequently Asked Questions:-

Q. What is a performance management implementation plan?

A. A performance management plan can help guarantee that individuals achieve their performance objectives and that those goals are consistent with those of the company.

Q. Why do you need to implement a performance management system?

A. Businesses need effective performance management. They are able to integrate their systems, resources, and personnel with their strategic goals through both official and informal approaches.

Q. What is a performance management process?

A. An employee’s job objectives and general contribution to the company are planned, monitored, and reviewed by managers and employees through the performance management process.

Software Solutions Available on:

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TDS on Purchase of Immovable Property from Non-Residents.

TDS on Purchase of Immovable Property from Non-Residents. Compliances

Jan 062023

1. Rate of TDS deduction.

According to section 195(1), any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest other than interest referred to in section 194LB or section 194LC or section 194LD or any other sum chargeable under the provisions of this Act other than salary shall, at the time of credit or at the time of payment, whichever is earlier, deduct income-tax thereon at the rates in force.

As per section 2(37A) (iii), the TDS rate under section 195 would be the rate of income tax as specified in —

(a) Finance Act of the relevant year; or

(b) Double Taxation Avoidance Agreement entered by Central Government under section 90; or

whichever is most beneficial shall apply.

In case of payment to non-residents TDS shall be increased by surcharge and cess if applicable.

Thus when a person resident in India makes any payment to a non-resident on the purchase of immovable property they shall deduct tax as per provision of section 195.

2. No deduction or deduction at a lower rate.

For this purpose, the payee (non-resident seller) has to make an application in Form 13 to the assessing officer.

3. Tax required to be deducted while making payment.

When a property is sold by the non-resident TDS liability would depend upon the nature of capital gain arising in such transaction. The following points need to be considered for TDS deduction on such payment.

he was not aware of the fact that he was liable to deduct tax at source while making payment to a non-resident could not be accepted where it was clear from agreement to sale (ATS) that the seller was a non-resident.
Where the assessee payer failed to deduct TDS from the payment made to non-residents and also failed to obtain a certificate for non-deduction of tax, he will be treated as assessee-in-default under section 201(1).
Payments made by the assessee payer towards the purchase of property to two parties on behalf of the non-resident seller constitute the payments made to the said non-resident seller and hence, the tax was deductible under section 195.
Payment is made for the purchase of the property being jointly owned by P, a non-resident, and S, a resident in equal shares. However total consideration is paid to S. P was admittedly, a non-resident and to the extent of Rs. 60 lakhs paid to her via S, the provisions of section 195 were attracted and the assessee ought to have deducted tax at source while making payments to the non-resident through S.

4. Payment is made through the General power of attorney (GPA) holder.

Assessee payer had purchased an immovable property from the NRIs, the liability to deduct tax at source under section 195 could not be done away with merely because the assessee had paid the sales consideration in India to GPA.
Assessee paid certain sums to one P for purchasing land. P was the power of attorney holder on behalf of five non-resident co-owners. P was a resident and an agreement was entered into with P for purchasing land by the assessee. In these circumstances, the power of attorney holder was not merely acting as an agent of the non-residents to receive money but as a person who had the right to alienate the land by the virtue of rights vested in him by the power of attorney signed by the co-owners. Provisions of section 195 were, therefore, not attracted.

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COMPLIANCE CALENDAR FOR THE MONTH OF JANUARY 2023.

COMPLIANCE CALENDAR FOR THE MONTH OF JANUARY 2023. Compliances

Jan 042023

Appended below is the Pan India Compliance calendar for January 2023, employer is under obligation to contribute towards some of the above-mentioned compliances for the welfare of the employees. Each of these compliances is again governed by a set of rules and formulas. It is proven to be a deliberate attempt to violate the provisions of the law, there could be imprisonment of the employer. Please, comply with the same in time to avoid any future non-compliance so that hefty penalties and fines are not charged by the respective dept.

COMPLIANCE CALENDAR JANUARY 2023 >>> DOWNLOAD

Software Solutions Available on:

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Scope of Reasonable Cause For Not Levying Penalty Under Section 221 For Non-Payment of TDS.

Scope of Reasonable Cause For Not Levying Penalty Under Section 221 For Non-Payment of TDS. Compliances

Dec 192022

Penalty under section 221 is levied when there is a default in payment of tax. Under sub-section (1) of section 221, the assessing officer is empowered to impose a penalty where an assessee is in default or is deemed to be in default in payment of tax. The said penalty is leviable in addition to the amount of the arrears and the amount of interest payable under section 220(2). Further, in the case of continuing default, the assessing officer may direct to pay further amount or amounts by way of penalty, so, however, that the total amount of penalty does not exceed the amount of tax in arrears. However, such a penalty is discretionary and can be waived where reasonable cause exists for such default.

Here an attempt is made to explain and examine what constitutes the reasonable cause for not levying a penalty under section 221.

Depends upon the facts of each case

The exercise of discretion u/s 221 is not to be arbitrary but is dependent on the facts and circumstances of the case

No penalty where the reasonable cause is proved

According to the second proviso to section 221(1), the penalty cannot be levied where the assessee proves to the satisfaction of the assessing officer that the default was for good and sufficient reason.

Penalty leviable even if the tax paid before levy of penalty

Penalty under section 221 will be exigible even in a case where the tax is paid after the due date but before the levy of penalty.

Impact of the outcome of final order regarding default in payment of tax

According to sub-section (2) of section 221 whereas a result of any final order, the amount of tax with respect to the default in the payment of which the penalty was levied, has been wholly reduced, the penalty levied shall be canceled and the amount of penalty paid shall be refunded.

Financial crises for not levying penalties under section 221

The assessing officer passed an order under section 201 treating the assessee as the assessee in default as it had not remitted the amount collected by way of TDS to the government account during the relevant assessment year. The assessee did not file any appeal against the order under section 201 and remitted tax deducted at the source along with interest.

The assessing officer also initiated penalty proceedings under section 221.

The assessee said that it was facing severe financial hardship and the same constitutes a good and sufficient reason for not levying a penalty under section 221.

It is true that a mere default is not sufficient for the levy of penalty, but in the instant case, the assessee used the TDS amount to meet various business commitments. Further, it was continuously making defaults on payment of TDS to the government account, which is very serious in nature.

One can understand the financial difficulties the assessee was facing if it was in defaulter for a short period. But in this case, the assessee’s conduct was that it continuously defaulted the payment of the TDS amount to the government account.

The only reason the assessee mentioned for non-payment of TDS was financial difficulties, which under these circumstances, did not appear to be sufficient. Accordingly, the penalty was confirmed.

No waiver of penalty on grounds of payment of self-assessment tax

Penalty under section 221(1) cannot be waived merely on the ground that self-assessment tax is paid before such levy of penalty. There existed good and sufficient reasons to mitigate said default.

Transfer of Input Tax Credit on Conversion of Partnership Firm into Private Limited Company.

Transfer of Input Tax Credit on Conversion of Partnership Firm into Private Limited Company. Compliances

Dec 142022

Statutory provisions regarding the transfer of input tax credit on sale, merger, lease, or transfer of business.

Sub-section (3) of section 18 of the Central Goods and Services Tax Act, 2017 (in short ‘the CGST Act’) deals with the transfer of credit on sale, merger, lease, or transfer of business. Accordingly, where there is a change in the constitution of a registered person on account of the sale, merger, demerger, amalgamation, lease, or transfer of the business with the specific provisions for transfer of liabilities, the said registered person would be allowed to transfer the input tax credit which remains unutilized in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased or assigned business.

The change in the constitution of a registered person includes the conversion of a proprietorship firm into a private limited company. Hence, the input tax credit lying in the input tax credit of the ledger of the proprietorship firm can be transferred in terms of sub-section (3) of section 18 of the CGST Act.

Procedure for transfer of credit.

The procedure for transfer of credit is prescribed under rule 41 of the CGST Rules, as under:–

(i) The registered person would furnish the details of the sale, merger, de-merger, amalgamation, lease, or transfer of business, in Form GST ITC-02 electronically on the Common Portal along with a request to transfer the unutilized input tax credit lying in his electronic credit ledger to the transferee (no time limit is prescribed for filing Form GST ITC-2);

(ii) In the case of a demerger, the input tax credit shall be apportioned in the ratio of the value of assets of the new units as specified in the demerger scheme.

The ‘value of assets means the value of the entire assets of the business, whether or not input tax credit has been availed thereon.

(iii) The transferor would also submit a copy of a certificate issued by a practicing chartered account.

(iv) The transferee would accept the details furnished by the transferor on the Common Portal and, upon such acceptance, the unutilized credit specified in FORM GST ITC-02 shall be credited to his electronic credit ledger.

Conclusion

Upon transfer of the partnership firm into a private limited company, the GST registration number would get changed. However, this would not affect the entitlement of ITC of the transferee company if the transfer satisfies the conditions specified under sub-section (3) of section 18 and follows the procedure prescribed under rule 41 of the CGST Rules.

Requirement of RERA Registration on receipt of Occupation Certificate vis-a-vis Completion Certificate.

Requirement of RERA Registration on receipt of Occupation Certificate vis-a-vis Completion Certificate. Compliances

Dec 032022

All real estate projects are required to be registered with the RERA of the respective State so that authorities have jurisdiction over the projects. However, there is a dispute over the issue as to the date on which the requirement of registration under RERA is applicable i.e. on the date of receipt of the occupation certificate or completion certificate.

Requirement of Registration under RERA

Under the ‘Real Estate Regulation and Development Act, 2016’, each State of India has to appoint Real Estate Registration Authority to monitor and adjudicate real estate disputes. The relevant extract of section 3 of the Act relating to registration of the real estate projects with their concerned authority reads as:

(1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment, or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under the Act:

Provided that projects that are ongoing on the date of commencement of the Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within three months from the date of commencement of the Act:

(2) Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required-

(b) where the promoter has received a completion certificate for a real estate project before the commencement of the Act

Requirement of Registration of ongoing projects under RERA

A plain reading of the aforesaid section shows that a completion certificate is mandatory (before the commencement of the Act) and in absence of the same, one has to go for registration with the RERA authority.

Meaning of ‘completion certificate’

Section 2 of the Act provides definitions of various terms. Accordingly, —

Completion certificate means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan, and specifications, as approved by the competent authority under the local laws. [Section 2(q)].

Meaning of ‘occupation certificate’

Occupancy certificate means the occupancy certificate, or such other certificate, by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provisions for civic infrastructures such as water, sanitation, and electricity—[Section 2zf].

Completion certificate	Occupation certificate
Completion certification is available once the project is developed on an approved plan and layouts	An occupation certificate is available once necessities like water and electricity are done for the project

Case study: [based on – Ruling of Punjab and Haryana High Court in Experion Developers (P.) Ltd. v. State of Haryana]

The date on which RERA “the Act” come into force = 01^st May 20017

The date on which the occupancy certificate is received = 2^nd March 2017

Whether the project is required to be registered under RERA?

Analysis:

There is a difference carved out in the Act itself as to what is a completion certificate and an occupancy certificate, unless the petitioner had obtained a completion certificate for the project in question, before the date that section 3 of the Act came into effect, i.e. 1^st May 2017, it was necessarily required to get itself registered with the RERA authority.

A completion certificate still not having been obtained, simply obtaining an occupancy certificate or having applied for such certificate in terms of the Haryana Building Code, 2017, the Court would not consider the petitioner to be outside the purview of the jurisdiction of the RERA Authority.

Conclusion:

Mere obtainment of an occupation certificate before commencement of the Act will not absolve the requirement of registration of projects under the Act as the requirement is to have a completion certificate and if the same was not available on the date of commencement of the Act, the requirement of registration of the project with RERA authority is mandatory.

COMPLIANCE CALENDAR FOR THE MONTH OF DECEMBER 2022.

COMPLIANCE CALENDAR FOR THE MONTH OF DECEMBER 2022. Compliances

Dec 012022

Appended below is the Pan India Compliance calendar for December 2022, employer is under obligation to contribute towards some of the above-mentioned compliances for the welfare of the employees. Each of these compliances is again governed by a set of rules and formulas. It is proven to be a deliberate attempt to violate the provisions of the law, there could be imprisonment of the employer. Please, comply with the same in time to avoid any future non-compliance so that hefty penalties and fines are not charged by the respective dept.

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