Posted by & filed under Uncategorized.

Minimum Wages In Uttar Pradesh | Latest Notification

Uttar Pradesh Government Issues Notification on Variable Dearness Allowance

On May 16, 2024, the Government of Uttar Pradesh released an important notification regarding the Variable Dearness Allowance (VDA) payable to employees in 74 scheduled employments under the Minimum Wages Act, 1948. This move aims to ensure fair wages for workers, reflecting changes in the cost of living.

Key Highlights of the Notification

1. Basic Wage and VDA Calculation: The notification stipulates that:

  • The basic wage and VDA combined shall not be less than 1/26 of the monthly wage.
  • The hourly wage rate should not be less than 1/6 of the daily wage rate.

2. Adjustment Based on Consumer Price Index: The All-India Consumer Price Index (AICPI) plays a crucial role in determining the VDA. According to the latest notification:

  • The AICPI for the specified employments has shifted from an average of 400 points (base year: July 2012 to December 2012) to an average of 386 points for the period from April 1, 2024, to September 30, 2024.

3. VDA Period:

  • The new VDA rates are applicable for the period from July 2023 to December 2023.

Understanding Variable Dearness Allowance (VDA)

Variable Dearness Allowance is an essential component of a worker’s salary, designed to offset inflation and changes in the cost of living. It ensures that the purchasing power of workers remains relatively stable, even when prices of goods and services increase.

Impact on Workers and Employers

For Workers:

  • This notification brings a positive change for workers, ensuring their wages keep pace with inflation.
  • By linking wages to the Consumer Price Index, workers’ real income remains protected against rising prices.

For Employers:

  • Employers need to adjust their payroll systems to accommodate the new VDA rates.
  • This change might impact the overall wage bill, especially for businesses employing a large number of workers in the specified categories.

Conclusion

The Uttar Pradesh government’s decision to revise the VDA is a significant step towards ensuring fair wages and protecting workers’ living standards amidst changing economic conditions. Both employers and employees must stay informed about these changes to ensure compliance and benefit from the new wage structure.

For a detailed understanding and specific rates, please refer to the official notification issued by the Government of Uttar Pradesh.

Stay tuned for more updates on labor laws and regulations.

Posted by & filed under Provident Fund - (Notification -Circulars).

EPF claim after death: How nominee can ...

Streamlining EPFO Claims Without UAN: A Comprehensive Guide to the New Temporary Measure

On 17th May 2024, the Employees’ Provident Fund Organization (EPFO), under the Ministry of Labour & Employment, Government of India, issued a pivotal circular addressing the challenges in settling physical claims in death cases without the Universal Account Number (UAN). This move aims to overcome the hurdles related to Aadhaar authentication, ensuring timely disbursement of benefits to eligible beneficiaries. Here, we delve into the details of this circular, the underlying issues, and the solutions proposed.

Understanding the Context

The EPFO is responsible for the management of provident fund accounts and ensuring that employees receive their entitled benefits. However, the process of settling claims, particularly in death cases, has encountered significant obstacles due to discrepancies in Aadhaar details. This circular comes in response to numerous references from field offices struggling with these challenges.

The Core Issues

  1. Inaccurate/Incomplete Aadhaar Details: Many members have discrepancies in their Aadhaar information, such as incorrect personal details or incomplete records. This hinders the authentication process, which is crucial for claim settlements.
  2. Unavailability of Aadhaar: For members who passed away before the Aadhaar system was widely adopted, their Aadhaar details are either non-existent or not linked to their provident fund accounts.
  3. Deactivated Aadhaar: In some cases, the Aadhaar numbers have been deactivated, posing a challenge in the verification process.
  4. Technical Errors: Technical issues in validating Aadhaar details through the UIDAI database have also been reported, causing delays in processing claims.

The Temporary Solution

To address these issues, the EPFO has implemented a temporary measure allowing the processing of physical claims without the need to seed Aadhaar details. However, this is subject to strict conditions to prevent fraudulent activities and ensure the legitimacy of claims.

Key Provisions of the Temporary Measure:

  1. Approval Requirement: Claims without Aadhaar must be approved by the Officer-in-Charge (OIC). The approval process involves creating an e-office file detailing the verification steps taken to confirm the membership of the deceased and the authenticity of the claimants.
  2. Due Diligence: The OIC is responsible for conducting thorough due diligence to prevent fraudulent claims. This includes various verification measures as deemed appropriate by the OIC.
  3. Specific Scenarios:
    • Correct UAN but Inaccurate Aadhaar: This measure applies primarily to cases where the UAN details are correct, but the Aadhaar details are inaccurate or incomplete. The circular specifies that these claims can be processed without seeding Aadhaar temporarily.
    • Correct Aadhaar but Inaccurate UAN: For cases where Aadhaar details are accurate but UAN details are incorrect, the instructions outlined in Paragraphs 6.9 and 6.10 of the JD SOP version-2 dated 26th March 2024 must be followed. These paragraphs provide guidelines for rectifying UAN data, seeding, and validating Aadhaar to comply with the earlier circular dated 24th September 2020.

Detailed Instructions for Field Offices

  1. Verification and Documentation: Field offices must meticulously document the verification process. This includes confirming the deceased member’s identity, verifying claimant details, and ensuring all steps are recorded in the e-office file.
  2. Avoiding Fraudulent Withdrawals: The EPFO emphasizes the importance of avoiding fraudulent withdrawals. OICs must implement robust verification procedures and leverage available data to authenticate claims.
  3. Compliance with SOPs: Field offices are instructed to adhere strictly to the Standard Operating Procedures (SOPs) outlined in previous communications. This includes following the guidelines for rectifying UAN data and ensuring the seeding and authentication of Aadhaar where applicable.

Implications and Future Steps

This temporary measure is a significant step towards addressing operational challenges and ensuring that beneficiaries receive their dues without unnecessary delays. However, it is crucial to recognize that this is a stopgap solution. Moving forward, the EPFO must focus on creating a more robust and resilient system capable of handling such discrepancies seamlessly.

Long-term Recommendations:

  1. Enhanced Data Integration: Improve the integration between UAN and Aadhaar databases to minimize discrepancies and streamline the verification process.
  2. Technical Upgrades: Invest in technology to reduce technical errors and ensure smooth validation of Aadhaar details through the UIDAI database.
  3. Training for Field Offices: Provide comprehensive training for field office staff on the new procedures and the importance of meticulous verification to prevent fraud.

By implementing these measures, the EPFO can ensure a more efficient and reliable system for processing claims, ultimately benefiting the members and their beneficiaries.

For more detailed information, stakeholders can refer to the full circular issued by the EPFO’s Head Office. This initiative reflects the EPFO’s commitment to adapting to the evolving needs of its members and enhancing the overall efficiency of claim settlements.

Posted by & filed under Income Tax.

pan aadhaar inoperative: PAN-Aadhaar linking deadline expired: Here is what  to do if PAN has become inoperative - The Economic Times

Understanding the Latest Updates on PAN Inoperability: What You Need to Know

The Ministry of Finance in India recently issued a crucial update that impacts millions of taxpayers and businesses. On April 23, 2024, the Central Board of Direct Taxes (CBDT) released Circular No. 6/2024, which partially modifies the earlier Circular No. 3/2023. This update addresses the consequences of a Permanent Account Number (PAN) becoming inoperative under the Income-tax Rules, 1962, and provides some relief to those affected. Here’s a detailed look at what this means for you.

Background: Why PAN Operability Matters

In India, your PAN is a critical piece of identification for financial transactions and tax-related activities. Under Section 139AA of the Income-tax Act, 1961, it is mandatory to link your PAN with your Aadhaar number. Failure to do so renders your PAN inoperative, leading to several stringent consequences.

Key Consequences of an Inoperative PAN

According to Circular No. 3/2023, if your PAN becomes inoperative due to not linking with Aadhaar, the following consequences apply:

  1. No Tax Refunds: You will not receive any tax refunds until your PAN becomes operative again.
  2. No Interest on Refunds: Interest on any pending tax refunds will not be paid for the period during which the PAN remains inoperative.
  3. Higher TDS: Tax Deducted at Source (TDS) will be deducted at a higher rate as per Section 206AA of the Income-tax Act.
  4. Higher TCS: Tax Collected at Source (TCS) will be collected at a higher rate as per Section 206CC of the Income-tax Act.

These measures took effect from July 1, 2023, and continue until the PAN is linked with Aadhaar and becomes operative.

New Updates and Modifications: Circular No. 6/2024

The recent circular (No. 6/2024) brings in some significant modifications to ease the compliance burden:

Addressing Grievances

The CBDT recognized the challenges faced by taxpayers and tax deductors/collectors due to the PAN inoperability issue. Many faced demands for higher TDS/TCS rates because their PANs were inoperative.

Key Modifications

  1. Exemption for Transactions Until March 31, 2024:
    • If you conducted any transactions up to March 31, 2024, and your PAN became operative (linked with Aadhaar) by May 31, 2024, you are exempt from the higher TDS/TCS rates under Sections 206AA/206CC.
    • Instead, the usual rates under Chapter XVII-B (TDS) or Chapter XVII-BB (TCS) will apply.

This modification aims to provide a window of relief for those who may have missed the initial deadline but managed to link their PAN with Aadhaar subsequently.

Administrative Details

The circular was issued by Sunil Kumar, Under Secretary to the Government of India. Copies of this circular were sent to various government officials, departments, and professional bodies to ensure widespread awareness and implementation.

What This Means for You

If you haven’t linked your PAN with Aadhaar yet, it’s crucial to do so immediately to avoid these penalties. For those who have already faced issues due to an inoperative PAN, the latest modification offers a chance to rectify the situation without facing higher TDS/TCS rates for past transactions.

Steps to Take

  1. Link PAN with Aadhaar: Ensure your PAN is linked with your Aadhaar as soon as possible.
  2. Check Your PAN Status: Verify if your PAN is operative or inoperative through the official income tax e-filing portal.
  3. Stay Updated: Keep an eye on official notifications from the Income Tax Department for any further updates or extensions.

Conclusion

The modification in Circular No. 6/2024 provides much-needed relief and clarity regarding the consequences of an inoperative PAN. It underscores the importance of linking PAN with Aadhaar to ensure seamless financial transactions and compliance with tax regulations. By taking prompt action and staying informed, you can avoid potential pitfalls and ensure your financial affairs remain in good order.

For more detailed information and to stay updated on any further changes, visit the official website of the Income Tax Department of India.

Stay compliant, stay informed, and ensure your PAN is always operative!

Posted by & filed under Compliance -Calendar.

Introduction: In the dynamic landscape of Indian business regulations, statutory compliance is not merely a legal obligation but a critical aspect of organizational governance. Navigating the statutory compliance calendar demands meticulous planning and execution to ensure adherence to diverse laws and regulations. Let’s delve into a comprehensive overview of the statutory compliance requirements for May 2024 in India.

  1. Income Tax Compliance:
    • Advance Tax Payment (May 15): Corporates and individuals liable to pay advance tax must ensure timely payment by May 15, as per the estimated income for the fiscal year.
    • TDS Payment (May 7): Employers and entities deducting TDS (Tax Deducted at Source) must deposit the TDS amount for April by May 7.
    • GST Filing (Monthly Return by May 20): GST registered entities need to file monthly returns for April by May 20 to reconcile input and output tax and comply with GST regulations.
  2. Labour Law Compliance:
    • EPF and ESIC Payment: Employers must ensure timely deposit of Provident Fund (EPF) and Employee State Insurance Corporation (ESIC) contributions for employees.
    • Professional Tax (PT) Payment: PT payment varies across states, and entities must comply with the respective state’s PT regulations.
    • Labour Welfare Fund Contribution: Depending on the state, employers need to contribute to the Labour Welfare Fund as per the applicable rates and regulations.
  3. Corporate Law Compliance:
    • Annual General Meeting (AGM) Preparation: Companies whose financial year ended on March 31 should initiate preparations for the AGM, which needs to be held within six months from the financial year-end.
    • Registrar of Companies (ROC) Filing: Submission of various documents and forms to ROC, including annual financial statements, director’s report, etc., must be done within the stipulated timeframes.
    • Board Meeting: Regular board meetings must be held as per the Companies Act, ensuring proper recording and documentation of proceedings.
  4. Environmental Compliance:
    • Consent to Operate Renewal: Industries requiring environmental clearances must renew their Consent to Operate within the prescribed time to avoid disruptions in operations.
    • Pollution Control Board (PCB) Filing: Submission of periodic reports to Pollution Control Boards is mandatory to demonstrate compliance with environmental regulations and pollution control measures.
  5. Legal Compliance:
    • Contract Renewals and Review: Thorough review and renewal of contracts to ensure compliance with changing legal standards and business requirements.
    • Intellectual Property (IP) Compliance: Verification and renewal of IP registrations, including trademarks, patents, and copyrights, to protect intellectual property rights.
    • Data Protection Compliance: Compliance with data protection laws, including GDPR and local regulations like India’s Personal Data Protection Bill, ensuring data security and privacy.
  6. Financial Compliance:
    • Audit Preparation: Initiate preparations for annual audits, including the compilation of financial records, supporting documents, and schedules.
    • Financial Reporting: Timely preparation and submission of financial reports, including balance sheets, profit and loss statements, and cash flow statements, as per statutory requirements.
    • Statutory Payments: Ensuring timely payment of all statutory dues, including taxes, duties, and other statutory obligations, to avoid penalties and legal consequences.

Conclusion: The Indian statutory compliance calendar for May 2024 encompasses a myriad of obligations across various domains, demanding meticulous attention to detail and proactive compliance efforts from businesses. By understanding and adhering to these requirements, organizations can not only mitigate legal risks but also enhance their reputation and credibility in the business ecosystem. Embracing compliance as a strategic imperative fosters trust and sustainability in the ever-evolving regulatory landscape.

Posted by & filed under Minimum Wages - Gujarat.

Gujarat Minimum Wages hike from 1st Apr ...

Gujarat’s Minimum Wage Revisions for April-September 2024

Introduction: Gujarat, one of India’s industrially progressive states, recently announced revisions to its minimum wage rates, effective from April 1st, 2024, to September 30th, 2024. These revisions play a crucial role in safeguarding the rights and livelihoods of workers across various sectors.

Key Changes and Impact: The revised minimum wage rates aim to address the rising cost of living and ensure fair compensation for workers. The changes encompass different categories of workers, including skilled, semi-skilled, and unskilled laborers, across various industries such as manufacturing, agriculture, construction, and more.

Sector-wise Updates:

  1. Manufacturing Sector:
    • The minimum wage rates for workers in the manufacturing sector have been revised to reflect the prevailing economic conditions and inflationary pressures.
    • These revisions aim to provide adequate remuneration to workers while maintaining the competitiveness of the industry.
  2. Agricultural Sector:
    • Farm laborers play a pivotal role in Gujarat’s agriculture-driven economy.
    • The revised minimum wages in this sector aim to address the challenges faced by agricultural workers and ensure their economic well-being.
  3. Construction Sector:
    • The construction industry, a significant contributor to Gujarat’s economic growth, relies heavily on skilled and unskilled labor.
    • The minimum wage revisions in this sector aim to strike a balance between fair compensation for workers and the industry’s sustainability.

Government Initiatives and Stakeholder Engagement: The Gujarat government’s commitment to ensuring fair wages is evident through regular revisions and consultations with relevant stakeholders. These initiatives foster a conducive environment for both workers and employers, promoting social justice and economic growth.

Challenges and Future Outlook: Despite efforts to revise minimum wage rates, challenges such as enforcement, compliance, and inflationary pressures persist. Addressing these challenges requires a collaborative approach involving the government, employers, trade unions, and civil society.

Conclusion: The recent revisions to Gujarat’s minimum wage rates for April-September 2024 underscore the government’s commitment to promoting social justice and inclusive growth. By ensuring fair compensation for workers, Gujarat aims to create a conducive environment for sustainable development and economic prosperity.

English Version :-

Posted by & filed under Profession Tax- Maharashtra.

Profession tax at a glance

The Finance Department of Maharashtra recently issued the Maharashtra State Tax on Professions, Trades, Callings and Employments (Amendment) Rules, 2024, signaling significant changes. Among these amendments, Rule 32, which previously detailed criteria for exemption under section 27A for individuals with permanent physical disabilities and mental retardation, has been deleted.

This rule previously outlined specific conditions such as limb disabilities exceeding 40% or 60%, deafness above 71 decibels, loss of voice, and incurable blindness to qualify for exemption. However, its deletion indicates a shift in the provisions concerning exemptions for individuals with disabilities.

The implications of this change remain to be seen, particularly in terms of how it will affect individuals with disabilities and their taxation responsibilities. It’s essential to monitor further developments and understand the full impact of this amendment on the taxation landscape in Maharashtra.

Posted by & filed under Maharashtra-Election.

Maharashtra Lok Sabha Elections 2024: Schedule, Dates, Phases, Seats,  Candidates

State Government Directive regarding Payment of Compensation to Voters for their Participation in Lok Sabha General Elections 2024

Reference: 1. Election Commission of India letter No. ECI/PN/23/2024 dated March 16, 2024.

2. Election Commission of India letter No. 78/EPS/2024 dated March 16, 2024.

Government Directive:

In accordance with the democratic principles of our country, it has been decided to provide compensation for the active participation of voters in every Lok Sabha constituency. Taking cognizance of this, Section 135 (b) of the Representation of the People Act, 1951, mandates the provision of compensation to voters for exercising their voting rights. However, it has been observed in some past elections that certain organizations or establishments have imposed restrictions on providing compensation. Consequently, voters are discouraged from exercising their voting rights, which is detrimental to democracy.

The Lok Sabha General Elections 2024 are scheduled to take place as per the directives of the Election Commission of India, issued on March 16, 2024. Voting will occur on April 19, 2024, April 26, 2024, May 7, 2024, May 13, 2024, and May 20, 2024, across various constituencies.

Based on the orders issued by the Election Commission, it is mandated that:

(I) Compensation for voting shall be provided to workers/laborers/daily wage earners who are registered voters, even if they are engaged in their regular work during the election period.

(II) All industries, trade unions, companies, and organizations, including affiliated entities, are obligated to participate in providing compensation.

(III) In exceptional circumstances such as illness or emergency, if it is not feasible for workers to vote, they shall be compensated with reduced hours of work. However, efforts should be made to facilitate their voting before or after their duties.

(IV) As per the directions of the authorities, all industry sectors, including unions and associations, must ensure compliance. Any complaints regarding non-receipt or inadequate compensation should be promptly addressed.

This directive is being issued in conjunction with the Election Commission’s aforementioned communications dated March 16, 2024.

Voting Date

Lok Sabha Constituency Name

April 19, 2024

9-Amravati, 10-Nagpur, 11-Bhandara-Gondiya, 12-Gadchiroli-Chimur, 13-Chandrapur

April 26, 2024

5-Buldhana, 6-Akola, 7-Amravati, 8-Yavatmal-Washim, 14-Yeotmal-Vardha, 15-Hingoli, 16-Nanded, 17-Parbhani

May 7, 2024

32-Igatpuri, 35-Baramati, 40-Osmanabad, 41-Latur, 42-Solapur, 43-Madh, 44-Sangli, 45-Satara, 46-Karad, 47-Kolhapur, 48-Ratnagiri-Sindhudurg

May 13, 2024

1-Nandurbar, 3-Jalgaon, 4-Raver, 18-Jalna, 19-Aurangabad, 33-Maval, 34-Pune, 36-Raigad, 37-Ahmednagar, 38-Shirdi, 39-Beed

May 20, 2024

2-Dhule, 20-Kalyan, 21-Nashik, 22-Palghar, 23-Bhiwandi, 24-Thane, 25-Mumbai North, 26-Mumbai North-West, 27-Mumbai North-East, 28-Mumbai North-Central, 29-Mumbai South, 30-Mumbai South-Central, 31-Mumbai South-West

Please note: Each voting date corresponds to multiple Lok Sabha Constituencies as listed in the table.