All of us have heard the word ‘proprietor’ (the sole owner of the business enterprise). In fact, the majority of the private companies, where husband and wife are the shareholders, work like a proprietory concern!

There is no formal registration or incorporation certificate for setting up a proprietary concern. Registration under GST, Shops Act, or Professional Tax will act as a primary document. If an individual wants to do business with a formal certificate, what can be done?

In 2013, through a revamped Companies Act, the Government brought in a concept called One Person Company (OPC). An OPC, where only one person will be a shareholder,  has to be registered like a private limited company, under the Registrar of Companies (ROC). This OPC gets a formal incorporation certificate and becomes a glorified proprietory concern!

NRI can incorporate OPC in India

Initially, OPC was allowed for a Resident Individual, who is also a citizen of India. In Union Budget 2021, it was proposed to widen the scope of OPC, and accordingly, the changes were brought in Incorporation Rules –

  • The new Rules are applicable from 1st April 2021
  • Non-Resident Indians (NRI) are allowed to incorporate OPCs.
  • An OPC can be converted into a private or public limited company voluntarily. Similarly, a private limited company can be converted into OPC anytime. The erstwhile restrictions in terms of turnover or tenure are omitted.  

Who can’t set up a One Person Company (OPC)

  • OCI Cardholders and foreigners can’t incorporate OPC in India

Any of you are interested to set up an OPC or require any clarifications, please feel free to contact me at This email address is being protected from spambots. You need JavaScript enabled to view it.

You may get the following message like this from the Tax department.

The Income Tax Department has received information on financial transactions/activities relating to XXXXXX729X for Financial Year 2019-20. However, as per records available, you do not appear to have filed Income Tax Return for Assessment Year 2020-21 (relating to FY 2019-20).

Some significant information available with the Income Tax Department includes the following:

  • Payments received in respect of a contract (TDS Form 26Q, Section 194C)
  • Payment received in respect of Fees for professional or technical services (TDS Form 26Q, Section 194J)
  • Cash Withdrawals (TDS Form 26Q, Section 194N)
  • Purchases or supplies received as per GSTR 1 of suppliers
  • Total interest payable by a banking company
  • Income chargeable under the head Salaries (TDS Form 24Q Annexure II, Section 192)
  • Outward foreign remittance - Remittance for family maintenance and savings (Secondary Income) - (Purpose Code: S1301)-
  • Purchase of foreign currency (SFT-011)
  • Purchase of securities (Delivery based) on Exchange
  • Purchase of securities (settled otherwise than by actual delivery or transfer)

 What does this mean?

Nothing to worry about this message. This is similar to Marketing campaign! The Tax department is sending email/sms to the taxpayers that they have received information from various sources about High Value transactions made by you.

The objective of the campaign is to facilitate taxpayers to validate the information available with the tax department, pay applicable taxes and file income tax return. The above email/message is sent to prompt the taxpayers that ‘Look my dear friend, I have the details of transactions made by you, please pay tax and file income tax return Tax before the due date of filing return else face huge consequences of paying tax along with interest and penalty etc at later stage.

 What steps should you take if you receive this message?

 Visit compliance portal, submit online response by selecting following option

  • Information is correct
  • Information is not fully correct
  • Information related to other Person/ Year
  • Information is duplicate/ included in other displayed information
  • Information is denied

If Information is correct, file income tax return after paying due taxes and

In case you are not liable to file return, submit online response under 'Response on non-filing of return' on Compliance Portal.

In case if you have already filed income tax return but not declared correct tax liability, pay due taxes and file revised return

What happens if the information is denied or modified in the feedback?

Your feedback will be shared with the source which provided the information for their comments/response. In the event of you providing wrong response, consequences under the provisions of the Income Tax Act, 1961, will follow.

What is the last date for filing Income tax return?

The last date for filing Income tax return for Assessment Year 2020-21 (relating to FY 2019-20) is 31st March 2021.

What happens if you do not file return or submit response?

If you are liable to pay tax and not file return by due date, you can’t file return thereafter and proceedings under the Income Tax Act, 1961, maybe initiated to determine your income and tax liability. If you get assessment notice, you will end up paying interest and penalty in addition to tax liability.

 In case you need our assistance to submit a response or to file the return, please write to prakashaThis email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

 

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Want to consult us?

  • Ph: 9845721255 / 9448080886,
  • Email: prasad@balakrishnaandco.com,
  • Balakrishna & Co|Chartered Accountants,
  • # 24,3rd Floor, Above State Bank of India,
  • 10th Cross, Wilson Garden, Bangalore - 27.

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