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Public grievance redressal: central portal overlap with sectoral complaint systems can impede substantive administrative accountability.
Centralised grievance redressal via CPGRAMS faces structural problems where regulators treat public interest filings as suggestions, causing robotic disposals despite supervisory directions. Misclassification between complaint, grievance, and suggestion impedes effective redress, while duplication with sectoral complaint mechanisms and limited review pathways weakens administrative accountability. Introducing a formal appeal process, clarifying definitional guidance, and improving inter-agency coordination are presented as necessary reforms to ensure the portal prioritises systemic public interest grievances and elicits substantive regulatory action. (AI Summary)
Date 05 Feb 2021
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Reassessment procedure: pre-notice enquiry and show-cause requirement introduced, tightening timelines and requiring higher authority approval.
The Finance Bill, 2021 replaces and streamlines reassessment provisions: substituted section 147 preserves Assessing Officer powers to reassess escaped income and recompute allowances, with explanations defining "income escaped assessment" and deeming information arising from searches, requisitions or surveys. A new section 148A mandates pre-notice enquiry, prior specified-authority approval, and a show-cause opportunity before issuing a section 148 notice, subject to enumerated exclusions. Amendments to sections 149, 151 and 153 adjust limitation periods, identify the specified authority by seniority, and reduce the statutory period for completing assessments in specified years. (AI Summary)
Date 04 Feb 2021
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Input Tax Credit restriction: amendments confirm ITC cap, require self-certified reconciliation, and tighten recovery penalties.
Mandatory audited accounts under CGST are omitted and replaced by an electronic self-certified reconciliation statement; Rule 36(4) limits on Input Tax Credit are given statutory effect by amendment to Section 16(2); interest is limited to the cash-paid tax portion except where proceedings have begun; outward supplies in GSTR-1 not reflected in GSTR-3B are treated as self-assessed tax for recovery; detention, penalty, provisional attachment, and departmental information powers are substantially expanded; scope of supply is amended to override mutuality between clubs and members. (AI Summary)
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Date 04 Feb 2021
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Search-based assessment reforms shift cases into the general reassessment regime, shortening limitation periods and centralising settlement.
For searches or requisitions on or after 1 April 2021, the special search-assessment regime is replaced by the general reassessment framework: assessments proceed under income-escaping-assessment provisions covering the three immediately preceding assessment years, with extended limitation where evidentiary assets exceed a prescribed threshold; attribution of seized materials to third parties still requires specified senior approval, and pre-notice enquiry and hearing requirements apply in non-search reassessment proceedings. (AI Summary)
Author
Date 04 Feb 2021
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Common Customs Electronic Portal centralises customs filings, electronic service and amendments, altering entry and procedural timelines.
The Bill defines the Common Customs Electronic Portal and authorises its use for registration, filing, electronic amendment, payment and service of orders; prescribes a two year limit (extendable by one year) for completing inquiries leading to notices with exclusions for stays and overseas assistance; revises bill of entry presentation timing and allows Board prescribed limits; requires Commissioner (Appeals) approval for disposal procedures where seized goods are notified forms of gold; makes wrongful export claims liable to confiscation; and imposes enhanced penalties for fraudulent use of input tax credit to claim export refunds. (AI Summary)
Date 03 Feb 2021
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Supply definition expanded to treat intra-entity transactions as taxable supplies, altering credit and compliance obligations.
The Bill expands the definition of supply to include transactions between non individual persons and their members or constituents as supplies between distinct persons; links input tax credit entitlement to suppliers furnishing outward-supply details and communication to recipients; defines self assessed tax to include tax from outward-supply details omitted from returns; omits the Schedule entry treating association-to-member transfers as goods; and revises annual-return, audit, interest, attachment, detention, confiscation, information request and zero rated supply provisions. (AI Summary)
Date 02 Feb 2021
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Tariff and excise changes shift protection across sectors: higher duties on several consumer goods and selective duty relief for inputs and devices.
Budget tax proposals increase customs duties and excise levies on various manufactured and consumer goods-including cigarettes, footwear, furniture, automotive parts, refrigeration components, wall fans, tableware, toys, and selected food processing imports-and impose a health cess on medical equipment imports, while simultaneously reducing or removing duties and granting exemptions for items such as newsprint, certain coated paper, purified terephthalic acid, tuna bait, skimmed milk, sports goods, microphones and electric vehicles. (AI Summary)
Author
Date 02 Feb 2021
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Assessment reopenings limited; extended reopenings require senior approval for substantial concealment, and faceless dispute panels introduced.
Budget measures limit reopening of assessments to three years, permitting ten-year reopenings only for significant concealment with senior approval; a faceless dispute resolution panel and an electronic Appellate Tribunal are introduced. Returns will be pre-filled for capital gains, dividend and interest. Reliefs include filing exemption for certain senior citizens, higher tax-audit threshold for low-cash businesses, dividend tax procedural change tied to declaration or payment, and extended concessions for affordable housing, start-ups and qualifying trusts. (AI Summary)
Author
Date 02 Feb 2021
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Operational debt classification determines CIRP admissibility; delivery, jural relationship and pre-existing disputes control initiation.
An operational debt under the Code exists only where a claim qualifies as a claim and debt and arises from provision of goods or services or statutory dues; operational creditors must serve a demand notice or invoice and file Form 5 with supporting documents if no payment or notice of dispute is received within ten days. The Adjudicating Authority must admit or reject applications within fourteen days, and may reject where delivery of notice/invoice is not proved, where no jural relationship or supply occurred, where a power of attorney application is not maintainable, where the claim enforces non-operational obligations, or where a pre-existing dispute or time bar exists. (AI Summary)
Date 01 Feb 2021
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Halwa ceremony signals adversarial tax-administration relations; author urges cooperative compliance, digitisation, and cultural reforms to reduce disputes.
Adversarial postures between tax authorities and taxpayers drive litigation and inefficiency; schemes like Vivad Se Vishwas may reflect distrust when taxpayers settle for cost reasons. The author urges cooperative compliance, digitisation of processes to increase efficiency and transparency, and cultural reforms that replace confrontational symbolism with practices promoting mutuality and administrative care. (AI Summary)
Date 01 Feb 2021
Replies 2 Replies
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Audit exemption threshold raised and procedural tax reforms introduced, alongside GST supply and input credit rule changes.
Income-tax measures adjust compliance thresholds and procedures: audit exemption expanded for persons meeting cash-transaction limits, reopening period under section 148 reduced with an exception for substantial undisclosed income subject to senior approval, faceless and video-conferenced proceedings are broadened, pre-filled returns and constrained timelines for belated/revised filing are introduced, and reforms affecting trusts, deductions, TDS on dividends, abolition of Advance Ruling Authority and Settlement Commission, and assessment timeframes are proposed. GST reforms eliminate statutory audit reconciliation in favor of self-certified reconciliation, retrospectively include mutuality within supply, condition input tax credit on supplier GSTR-1 reporting, and amend interest, recovery, appeal pre-deposit, and penalty rules. (AI Summary)
Author
Date 01 Feb 2021
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Judicial record accuracy: mis-signed order and erroneous statutory reference raise procedural fairness and administrative competence concerns.
An officially published record of proceedings contains administrative and drafting defects: it shows signatures of court officers rather than the presiding judges and is digitally signed only by the Court Master while a listed Branch Officer's digital signature is absent; the recital "heard for some time" is imprecise as to extent of hearing; and the order contains an erroneous statutory citation referring to a provision of the Income-tax Act instead of the local municipal act cited in the High Court judgment. The author urges greater care by judicial secretaries and court officers in drafting, signing, and publishing orders. (AI Summary)
Date 01 Feb 2021
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ITR filing extensions urged to include reliefs for small and medium enterprises, easing penalties and loss carryforward.
Extended filing deadlines align tax and company compliance to 15th February 2021: ITR for audit cases was extended to that date and MCA waived additional fees for specified AOC 4 e forms for FY 2019 20. The author contends that small and medium enterprises-non listed entities with turnover below ten crores-should receive further relief through 31st March 2021, including fee waivers, relaxation of conditions that bar carry forward of losses, mitigation of late filing levies, and preservation of interest on refunds despite delayed ITR filing. (AI Summary)
Date 01 Feb 2021
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Wealth tax exemption limitation: proviso must be read with main clause, and one house exemption bars separate plot exemption.
The matter addresses reopening of wealth tax assessment after search and seizure and whether a building in progress and its site are exempt under section 5(1)(vi). The Tribunal held that the proviso qualifying exemption for small plots must be read with the main clause: exemption applies to any one of the items listed (one house, part of a house, or a plot of land) and a plot cannot be exempted separately if exemption for the house has already been claimed. (AI Summary)
Date 01 Feb 2021
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Tax information exchange agreements expand access to offshore financial data to curb cross border tax evasion and secrecy.
India uses Tax Information Exchange Agreements alongside bilateral tax treaties to obtain bank and financial information from low tax and secrecy jurisdictions where standard double taxation treaties offer no relief; these agreements, together with domestic anti avoidance measures, aim to close information gaps that facilitate concealment of offshore wealth and tax evasion. (AI Summary)
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Corporate social responsibility reforms tighten implementation, reporting, monitoring and impact assessment obligations for company CSR programmes.
The Amendment Rules revise the CSR Rules by redefining key terms including corporate social responsibility, CSR Policy and ongoing project, excluding specified activities from CSR while allowing pandemic related R&D under conditions; prescribe implementation through specified registered entities and require CSR 1 registration; mandate Board oversight, CFO certification of fund utilization and monitoring of ongoing projects; require the CSR Committee to recommend an annual action plan detailing projects, execution, fund modalities and monitoring; and expand reporting, impact assessment and disclosure obligations, including treatment of surplus, set off, capital asset ownership and transfer of unspent amounts to Schedule VII funds. (AI Summary)
Date 28 Jan 2021
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Right of appeal under income tax law: hierarchical appellate route; revisions under distinct statutory powers with limited remedies.
The Income Tax Act grants a statutory right of appeal through a defined hierarchical scheme from Commissioner (Appeals) to the Appellate Tribunal, High Court and Supreme Court, subject to procedural filing requirements. Separate statutory revision powers vest in the Commissioner or Principal Commissioner: one to correct orders deemed erroneous and prejudicial to revenue (with Tribunal appeal available), and another to review records on application or suo moto provided any resulting order is not prejudicial to the assessee; where no statutory appeal exists from such revision, constitutional writ remedies remain available. (AI Summary)
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Money laundering: conversion of illicit proceeds into apparent legal funds, regulated to protect financial stability and deter abuse.
Money laundering is the process of converting proceeds of crime into apparently legitimate funds regulated by the Prevention of Money Laundering Act, 2002. The article explains the three operational stages-Placement, Layering and Integration-and outlines common methods including shell companies, real estate investment, cross border cash transfers and hawala systems. It stresses the macroeconomic harms of laundering, such as distortion of cash supply and volatility in interest and exchange rates, and the need for statutory prevention and enforcement to protect financial stability. (AI Summary)
Date 28 Jan 2021
Replies 1 Reply
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Controlled foreign corporation rules proposed to tax undistributed offshore passive income to prevent domestic tax erosion.
India currently lacks CFC rules, allowing resident-controlled foreign corporate entities in low-tax jurisdictions to retain passive profits offshore without owner-level taxation until repatriation, producing tax deferral and domestic revenue erosion. The article advocates adopting CFC legislation-as proposed in the Direct Tax Code-to tax undistributed passive income of resident-controlled foreign entities and align domestic law with international anti-avoidance standards. (AI Summary)
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E invoicing mandate: electronic invoices must obtain IRN and QR code and be integrated with GST returns for compliance.
E invoicing requires suppliers of certain taxable outward supplies to generate electronic invoices validated by the Invoice Registration Portal, which issues a unique Invoice Reference Number (IRN) and QR Code that must be printed on and stored with the tax invoice. The regime applies to specified transactions and taxpayers above notified turnover thresholds, exempts listed classes, mandates separate documents for taxable and exempt supplies, integrates B2B e invoice data with GSTR filings, and prescribes cancellation rules, retention periods and penalties for non compliance. (AI Summary)
Date 27 Jan 2021
Replies 7 Replies