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Salary linked car lease treats lease rentals and related allowances as pre tax salary, lowering employee taxable income.
Salary linked corporate car leasing allows employers to pay monthly lease rentals and related expenses from an employee's pre tax salary, reducing taxable income. Employers contract with leasing providers and adopt a company car lease policy that may treat maintenance, insurance, fuel and driver allowances as pre tax components. Qualification for tax benefit requires demonstrable regular company related use and adequate documentation of the payment and usage arrangements. (AI Summary)
Author
Date 02 Dec 2023
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Cancellation of GST registration requires specified, evidentiary allegations; mere shop closure or generic assertions are insufficient.
Cancellation of GST registration must be supported by specific, articulated allegations-such as fraud, wilful misstatement, or suppression-and an evidentiary explanation, including why buyers or suppliers are treated as suspicious. Mere references to an improper response, shop closure, or absence from personal hearing, without identifying particular misrepresentations or awaiting the taxpayer's reply, render the cancellation rationale procedurally and substantively insufficient. (AI Summary)
Author
Date 02 Dec 2023
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Bookkeeping compliance: accurate records, reconciliations, and classification reduce tax and reporting exposure for small businesses.
Small businesses face compliance and reporting exposure from deficient bookkeeping: inadequate digital and hard-copy record backups threaten evidentiary continuity; inaccurate sales recording risks incorrect sales tax compliance and penalties; misclassification of workers and transactions leads to payroll and tax misreporting; failure to track reimbursable expenses and to perform monthly bank reconciliations creates balance-sheet and reporting discrepancies. Engaging competent bookkeeping support and collaborating with accountants, maintaining backups, reconciling accounts, and classifying transactions correctly are operative measures to reduce regulatory and tax exposure. (AI Summary)
Author
Date 01 Dec 2023
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FAR analysis determines taxable income attributable to operations carried out in India for cross border businesses.
Income attributable to Indian operations for cross-border businesses is to be determined by a FAR analysis (Functions, Assets, Risks). Where services are provided offshore but bookings or distribution occur in India, only the portion of income reasonably attributable to operations carried out in India is taxable here, and commissions paid to local distribution agents are deductible in measuring that attributable income. (AI Summary)
Author
Date 01 Dec 2023
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Updated return allows correction of prior ITRs within two years subject to additional tax and interest based on filing timing.
ITR-U allows taxpayers to update prior income-tax returns within two years from the end of the year of original filing to correct omissions, errors, misclassification of income heads, adjust carried forward losses, unabsorbed depreciation, and tax credits, and to rectify tax-rate application. The form requires Part A identification and eligibility information and Part B updated income and tax liability calculations; filing within the two-year window triggers additional tax and interest, with a lower additional-tax charge for earlier updates and a higher charge for later updates. (AI Summary)
Author
Date 01 Dec 2023
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Limitation period extended for filing GST appeals; appellate authority directed to re-examine delay per Council recommendations.
The High Court remitted the appeal to the appellate authority to reassess whether the period for filing the GST appeal is extended under the GST Council's fifty second meeting recommendations and directed the authority to pass an appropriate order after examining limitation and delay condonation grounds. (AI Summary)
Author
Date 01 Dec 2023
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Discard Return option deletes unverified ITRs, is irreversible, and may cause subsequent filings to be treated as belated.
A new Discard Return feature allows deletion of previously filed but unverified ITRs so taxpayers can file afresh; discarding is irreversible and treats the discarded return as never filed. The option is available only while an ITR is unverified or pending verification, may be used multiple times, and must not be used if the physical verification acknowledgement has already been sent. Discarding may convert a subsequent filing into a belated return if the ordinary due date has passed, requiring selection of the appropriate filing provision when re-filing. (AI Summary)
Author
Date 30 Nov 2023
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Homebuyer financial creditor status upheld; RERA decree does not change their classification in insolvency proceedings.
Home buyers who have paid amounts under real estate projects are financial creditors because those payments are deemed to have the commercial effect of a borrowing and thus constitute financial debt; a RERA decree crystallizes the claim but does not alter the allottee's classification as a financial creditor, and differentiating among such allottees in a resolution plan is inconsistent with the insolvency classification and risks inequitable sub-classification. (AI Summary)
Date 30 Nov 2023
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Rectification under section 154 permits belated claims for missed deductions when supported by relevant documents; revenue must assist taxpayers.
Rectification under section 154 can be invoked to admit belated claims for housing loan interest and principal and Mediclaim deductions omitted from the return when the assessee produces supporting documents. Tax officers must not take advantage of an assessee's ignorance and are duty bound to assist in claiming reliefs, per CBDT Circular No.14 of 1955. ITAT Kolkata applied rectification in Shri Sandip Chattopadhyay, and the principle that appellate authorities may allow unclaimed deductions if relevant documents are furnished was affirmed in Goetze (India) Ltd. (AI Summary)
Author
Date 30 Nov 2023
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On behalf of agency: agency relationship determines when services or production are treated as done for a principal.
The term "on behalf of" denotes an agency relationship requiring a principal, an agent who renders services or produces goods, and a third party; only where such principal-agent relations exist will work be treated as done on behalf of the client for tax or service-characterisation purposes, whereas principal-to-principal arrangements do not qualify as production on behalf of the client. (AI Summary)
Date 30 Nov 2023
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Provisional attachment in GST protects government revenue by allowing temporary attachment of taxpayer property and bank accounts.
Section 83 permits the Commissioner to provisionally attach any property, including bank accounts, to protect government revenue where proceedings under specified chapters are initiated; the 2021 amendment broadened scope to persons benefiting from transactions and provides that attachment remains valid from initiation of proceedings until one year from the attachment order. The order requires a reasoned opinion by the Commissioner supported by facts. Provisional attachment is temporary, distinct from seizure of cash, and the statute prescribes release mechanisms and links to recovery options under related provisions. (AI Summary)
Date 29 Nov 2023
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Stay Application bars enforcement of Demand Notice while pending and requires the authority to decide the stay within one month.
The court directed the revenue authority to consider and dispose of the Stay Application within one month and restrained the authority from enforcing the Demand Notice during the stipulated period, thereby pausing tax recovery pending prompt adjudication of the stay request. (AI Summary)
Author
Date 29 Nov 2023
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Fit and proper assessment: Board's subjective evaluation of candidate integrity governs insolvency professional registration eligibility.
The Board requires enrolment and registration and may refuse registration if an individual is not fit and proper, assessing integrity, reputation, absence of convictions, and competence including financial solvency; procedural safeguards require the Board to communicate reasons, invite explanation, and consider responses before finalising rejection to protect the integrity of the insolvency process. (AI Summary)
Date 29 Nov 2023
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Investigation requirement suspends revenue recovery until inquiry concludes, with asset sale if complaint proven false.
Tax recovery was ordered to be stayed pending a directed Cyber Crime Cell investigation into alleged unauthorised use of the dealer's login ID and TIN and possible improper passing of Input Tax credit; the tax authority must complete a fact-based inquiry and issue an appropriate order, with all revenue recovery proceedings kept in abeyance during the inquiry and assets liable for sale if the dealer's complaint is proved false or fraudulent. (AI Summary)
Author
Date 29 Nov 2023
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Tax Collected at Source obligations require sellers exceeding turnover thresholds to collect TCS from buyers on high-value sales.
Section 206C(1H) obliges sellers of goods meeting the turnover threshold to collect Tax Collected at Source from buyers when receipts from a buyer in the financial year exceed the single-buyer threshold, with collection due on receipt and subject to statutory exclusions (government and diplomatic entities, specified TCS provisions, exports and imports) and suspension where the buyer has already deducted TDS under other provisions; procedural relief is available for buyers purchasing for manufacture and quarterly filing and remittance timelines are prescribed. (AI Summary)
Author
Date 28 Nov 2023
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Amnesty scheme for late GST appeals enables remand to appellate authority; deposited tax to be considered, refunds contingent on appeal outcome.
Amnesty scheme procedure for late GST appeals authorized taxable persons, whose appeals were barred by limitation, to file appeals under a CBIC notification; the High Court set aside appellate rejections based solely on limitation and remanded matters to the appellate authority to decide appeals on merit under the notified procedure, requiring consideration of any tax deposited by petitioners and treating refunds as contingent on the appeal outcomes. (AI Summary)
Author
Date 28 Nov 2023
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Voluntary payment misuse: GST payments must follow liability creation and return-based self-assessment procedures.
Payments under GST must correspond to a recognised liability and be discharged through valid mechanisms: self-assessment via a proper return or a demand that results in a debit to the e-Liability Register. Administrative forms or practices that permit payment for other "causes" or route self-assessed liabilities through DRC-03 to avoid statutory return and demand procedures are improper, and intimation under sections 73/74(5) requires formal issuance through DRC-01A. (AI Summary)
Date 28 Nov 2023
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Consideration of GST Council recommendation may permit extended filing windows for appeals, informing condonation assessments.
Recommendation of the 52nd GST Council extending the permissible time for filing appeals is a relevant factor revenue authorities may consider when adjudicating applications for condonation of delay under Section 107; appellants may file appeals with an accompanying condonation application explaining the circumstances preventing timely filing, and the authority should weigh those facts and natural justice concerns in deciding whether to admit the delayed appeal. (AI Summary)
Author
Date 28 Nov 2023
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Power to condone delay: clarify statutory authority and delegate extensions to assessing officers for timely tax compliance.
The document critiques uncertainty over CBDT's power to condone delayed filing under Section 119(2)(b), observes that High Courts have condoned delay under Articles 226 and 227 on facts while the Supreme Court left the legal question open, and recommends a specific statutory mechanism delegating authority-preferably to Assessing Officers-with a prescribed application process and guidelines for extending or condoning filing deadlines. (AI Summary)
Date 27 Nov 2023
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Excess ITC reversal: no interest or penalty where erroneously availed credit is reversed before utilization.
Demand for interest and penalty under the GST framework is not sustainable where excess input tax credit was erroneously availed but subsequently reversed before any utilization of that credit. Where it is demonstrated that the excess ITC reflected in the electronic ledger was not utilised and was reversed prior to utilisation, penal proceedings and demand for interest are not tenable. (AI Summary)
Author
Date 27 Nov 2023