With the GST coming in from July 1, 2017 numerous persons got
themselves registered under the GST regime for various reasons, some mandatory
while some voluntary, but little did they know that, they would be served with
notices for non-registration and non-payment of profession tax under The
Maharashtra State Tax On Professions, Trades, Callings And Employments Acts,
1975. This is probably due to integration of government websites and better co-ordination among various departments of tax authorities.
So what exactly is Profession Tax (hereinafter referred to as
“PT”), who needs to PT and is it mandatory to pay PT? Well PT is a tax levied
by the state and is a state revenue. Various states have enacted such acts for
collection of PT in their respective states. This article is restricted to The Maharashtra State Tax On Professions,
Trades, Callings And Employments Acts, 1975.
PT becomes applicable once a person starts his business or
profession. The person needs to get itself mandatorily registered within 30
days of starting the business or profession. Once a person is registered TIN is
allotted by the department and the person can pay PT. The due dates for various
persons have been provided in the Act. Generally for individuals the
last date for payment of PT is 30th June of every year. For companies
the last date of payment is 31st March of every year, if their PT
liability does not exceed Rs. 50,000/- if however the PT liability is beyond
Rs. 50,000/- then monthly returns are to be filed and payment shall be made
accordingly.
As per the amendments in the PT Act 1975, a person (natural /
legal) registered under MGST Act is liable to enroll for Profession Tax
Enrollment Certificate (PT-EC) and pay Rs.2500/- per annum which is levied in
most cases. In addition, if the business is having any employee whose monthly
salary is above Rs. 7500/- is also required to obtain Profession Tax
Registration Certificate (PT-RC) and pay tax after deducting the same from the
employee’s salary as per the provisions of law. Also it should be noted that
different rates of PT are specified for different businesses and professions.
If you are registered under MGST Act, and you have neither
obtained PT-EC nor PT-RC, failure to comply with the provisions of the Act may
result in penal proceedings. It is therefore advisable to enroll yourself under
PT Act and also obtain PT Registration Certificate, if applicable and to pay
off your PT liability at the earliest in order to avoid any further action from
the department. One should also check their e-mails regularly including the
spam folder for any department correspondence and seek profession assistance immediately
so as to comply within the specified timeframe, if any.
This article is for informational purpose only
and we advise the person to seek professional assistance for the same. For any
assistance or queries pertaining to PT the email address of the authors is provided below.
Authors: CS. Ashish & CS. Sadanand
Occupation: Practicing Company Secretaries, Mumbai
Occupation: Practicing Company Secretaries, Mumbai
Reach us at: corporatecompliance365@gmail.com
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