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New Tax Regime overhaul: revised slabs, limited deductions and opt in rules reshape individual taxation and surcharge treatment.
Finance Bill, 2023 amends the Income tax Act to introduce a revised New Tax Regime with specified slab rates, limited allowable deductions and rules for opting in or out; it reduces the maximum surcharge in the new regime and enhances the rebate under section 87A for resident individuals. The Bill further sets concessional tax treatment for certain manufacturing co operative societies, raises presumptive taxation thresholds where cash receipts are limited, prescribes TDS and tax treatment for online gaming winnings, tightens life insurance exemptions with taxation where sums exceed premiums, treats Market Linked Debentures as short term capital gains, caps rollover relief under sections 54/54F, and extends several startup and IFSC incentives. (AI Summary)
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Date 02 Feb 2023
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Composition levy eligibility expanded to include goods supplied via e-commerce, alongside ITC and registration reforms.
Proposed amendments expand composition levy eligibility to suppliers of goods via electronic commerce operators, introduce ECO-specific penalties, clarify ITC recovery by requiring payment of ITC with interest to the supplier when the recipient fails to pay, treat certain Schedule III activities (including warehoused goods before home-consumption clearance) as exempt supplies for ITC restriction when notified, disallow ITC for expenditures on corporate social responsibility, impose three-year limits on filing various returns (subject to extension), decriminalise certain offences, enable prescribed interest computation on delayed refunds, permit portal data-sharing with consent, and amend IGST OIDAR and place-of-supply rules. (AI Summary)
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Date 02 Feb 2023
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Composition scheme eligibility expanded to suppliers via ecommerce, with new ECO penalties and tightened input tax credit rules.
Amendments make persons supplying goods through electronic commerce operators eligible for the composition scheme and create a new penalty for electronic commerce operators who permit supplies by ineligible or unregistered persons. They tighten input tax credit rules by requiring tax payment with interest where supplier payment is not made within the prescribed period, block ITC for corporate social responsibility expenditures, treat certain transactions as exempt supply for credit apportionment, and impose uniform three-year limits (subject to extensions) for furnishing belated outward-supply statements and returns. (AI Summary)
Author
Date 02 Feb 2023
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GST compliance timelines tightened, with barred late filing and revised credit, refund, penalty and data sharing rules.
Amendments revise CGST and IGST operational rules: composition eligibility is narrowed by removing the goods/services distinction for supplies through TCS collecting e commerce operators; input tax credit reversals and re admissions are tied to supplier payment mechanics and Section 50 recovery; exempt supply valuation and a CSR related credit block are added; three year time bars are introduced for furnishing outward supplies, returns, annual returns and operator statements; provisional refund computation and interest mechanics are revised; ecommerce operator penalties and compounding rules are restructured; and a data sharing regime for portal information with prescribed consent is inserted. (AI Summary)
Date 02 Feb 2023
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Software activation charges treated as sale of goods, not a business auxiliary service subject to service tax.
Charges labelled as "activation charges" for equipment/software were characterized as part of the sale of goods rather than an independent taxable service under Business Auxiliary Services. The invoices showing sales tax payment and precedent that sale of software copies does not transfer the incorporeal copyright led to the conclusion that such receipts arise from sale related activity and not from a service taxable under the Finance Act. (AI Summary)
Author
Date 02 Feb 2023
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Tax proposals reclassify consumer goods, making specified items categorised as cheaper or costlier under budget measures.
Budget 2023 tax proposals adjust relative tax and levy treatment across listed consumer and capital goods by categorising specific items as becoming cheaper (e.g., toys, bicycles, mobile phones, LED TV, clothes, camera lens, gold, silver, lab grown diamonds, diamonds, shrimp feed, scholarly articles) or costlier (e.g., imported luxury cars and EVs, compounded rubber, cigarettes, lithium-ion cells for batteries, kitchen chimney). (AI Summary)
Author
Date 02 Feb 2023
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Non-speaking GST cancellation orders violate natural justice, requiring reasons and consideration of replies before revocation.
Cancellation orders lacking stated grounds and failing to engage with a taxpayer's reply are non-speaking and cryptic, violating principles of natural justice; denial of personal hearing and omission to consider the Show Cause Notice reply are material procedural defects that can result in civil and penal consequences, and such administrative revocations must identify factual and legal bases and evidence consideration of submissions. (AI Summary)
Author
Date 02 Feb 2023
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Budget reform measures expand capital expenditure and sectoral programs to boost green hydrogen, agriculture and digitalisation.
Budget proposals prioritise elevated capital expenditure and targeted sector programmes including railways, coastal shipping PPPs, a national green hydrogen mission with dedicated funding, expanded agricultural and fisheries support, and measures to ease business through adoption of PAN as the common ID and de criminalisation of numerous compliances; implementation relies on resource centres, digitalisation of primary agricultural credit societies, cooperative mapping, accelerator funds and decentralised storage. (AI Summary)
Author
Date 02 Feb 2023
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GST on employer provided canteen services: no GST on employee recoveries; GST applies to contractual workers' portion.
The ruling distinguishes employees from contractual workers: recoveries from employees for canteen services provided due to a statutory obligation do not attract GST at the hands of the employer, whereas recoveries from contractual workers constitute an outward supply and attract GST. ITC on GST paid is available for food supplied to employees where the canteen is obligatory under law and the tax burden is not passed to employees, but ITC is not available for food supplied to contractual workers. (AI Summary)
Author
Date 02 Feb 2023
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Income tax regime changes make the new regime default, revise slabs and reduce top surcharge, reshaping individual tax liabilities.
The Budget revises the personal income tax structure by introducing a new default tax regime with reformed slabs and an increased rebate threshold, reduces the top surcharge, maintains a standard deduction for salaried taxpayers, and raises leave-encashment exemption. It deploys administrative reforms including a next-generation ITR form, expanded presumptive taxation limits, MSME expense deduction on payment basis, a concessional tax rate for certain cooperatives, extended startup benefits, and measures to expedite selective scrutiny and small-appeal disposal. (AI Summary)
Author
Date 02 Feb 2023
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New tax regime slab revisions expand nil-tax threshold and lower rates, reducing tax burdens for many individual taxpayers.
The Budget 2023 revises the new tax regime income-tax slabs while keeping the old regime unchanged, lowering marginal rates across middle slabs and widening the tax-exempt threshold; comparative examples show reduced tax liabilities for representative individual taxpayers under the new slab structure. (AI Summary)
Author
Date 01 Feb 2023
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Income tax rate structure revised with expanded exemption, simplified returns and reduced surcharge under Budget 2023.
Revisions recalibrate personal income tax rates, expand the exemption threshold under the new tax regime, reduce the top-end surcharge to lower the maximum effective rate, and provide a lower concessional rate for new cooperative societies. Administrative measures include materially shortened return processing timelines, introduction of new Income Tax Return forms for easier filing, and expedited processing of a substantial share of returns. Targeted customs duty reliefs are extended for specified mobile phone components and certain household imports. (AI Summary)
Author
Date 01 Feb 2023
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PAN as Common Business Identifier modernizes business identity, enabling unified updates via DigiLocker and Aadhaar linkage.
The Budget designates PAN as a Common Business Identifier to unify business identity across digital systems and establishes a one stop mechanism for updating identity and address using DigiLocker with Aadhaar as foundational identity; it also proposes Vivad Se Vishwas-2 to expedite commercial dispute resolution. (AI Summary)
Author
Date 01 Feb 2023
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Insolvency reforms: permit direct dissolution, remove duplicate claim verification, empower CoC oversight and streamline secured-asset choices.
The draft proposes allowing the CoC to seek direct dissolution of a corporate debtor without liquidation when liquidation is infeasible; eliminates duplicate claim invitations and verification in liquidation by substituting the liquidator's verification duty with maintenance of the CIRP creditor list and omitting sections 38-42 and parts of section 35; empowers the liquidator to continue CIRP-initiated avoidance proceedings and commence fresh ones; gives the CoC supervisory authority in liquidation and power to replace the liquidator by 66% vote; restricts institution and continuation of suits during liquidation and requires secured creditors to elect within a stipulated period to realise or relinquish security, with deemed relinquishment on inaction. (AI Summary)
Date 01 Feb 2023
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GST registration revival allowed upon filing pending returns and payment of taxes, interest and penalties under set conditions.
Cancellation of GST registration for non-filing can be revoked if the taxpayer files pending returns and pays outstanding taxes, interest, penalties and fees; revival follows only after uploading returns and discharging dues. Unused Input Tax Credit cannot be used to meet those liabilities prior to revival, and any ITC use after revival or for post-cancellation periods is permitted only after scrutiny and approval by the competent authority. (AI Summary)
Author
Date 01 Feb 2023
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Non-supply of supporting documents with reason-to-believe notices invalidates reassessment proceedings and permits challenge by writ.
Non-supply of documents referenced in a reason to believe notice under Section 148 prevents the assessee from filing an effective response and constitutes a violation of natural justice; when reasons refer to other documents those documents or relevant portions must be supplied with the notice, and absence of such supply vitiates the reassessment proceedings while a writ petition is maintainable to challenge the notice. (AI Summary)
Author
Date 01 Feb 2023
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Cancellation of GST registration cannot rest solely on late returns; authorities must give dispositive reasons and reconsider merits.
Cancellation of GST registration cannot be sustained solely because returns were filed late; the authority must provide dispositive reasoning, consider facts such as pandemic disruption and the effect of cancellation on subsequent compliance, and reconsider the matter on merits with all available information and the taxpayer's opportunity to be heard within the period directed by the court. (AI Summary)
Author
Date 01 Feb 2023
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Zero-rated supply of services: furnishing a letter of undertaking prevents reverse charge liability for SEZ recipients.
Zero-rated supply to SEZ units includes services where tax would otherwise be payable under reverse charge; supplies to SEZ developers or units are zero-rated regardless of supplier location, and a recipient who furnishes a letter of undertaking is not liable to pay GST under reverse charge on renting of immovable property or other services procured from Domestic Tariff Area suppliers for authorized SEZ operations. (AI Summary)
Author
Date 31 Jan 2023
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Transfer of development rights may be taxable under GST while sale of land remains excluded, requiring consideration segregation.
A joint development agreement comprises a transfer of development rights and an eventual sale of land, treated as separable activities for GST because land is a bundle of rights, statutory classification and administrative guidance distinguish rights transfers from sales, and enforceability and valuation principles differ. The sale of land is excluded from GST, whereas the transfer of development rights may be taxable. Consideration can be segregated by deducting the fair value of land at the agreement date from the total monetary benefits to the landowner, with the residual attributed to development rights for GST. (AI Summary)
Author
Date 31 Jan 2023
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Charitable work defines nonprofit purpose and historical roots shaping modern NGO activity and social welfare obligations.
Charitable and philanthropic activity is described as not-for-profit engagement serving public welfare rather than private gain, rooted in religious obligations and historical practices. In India, kingship, cultural narratives, and 19th-century missionaries and reform movements gave rise to organised social work and early societies, which evolved into a diverse NGO ecosystem and volunteer networks providing education, relief, and social reform. (AI Summary)
Author
Date 31 Jan 2023