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Classification of Fan Coil Units as equipment under HSN 8415 affirmed, rejecting treatment as standalone fans or air conditioning machines.
The applicant sought an advance ruling whether Fan Coil Units (comprising fan motor, heat exchanger and PCB, and operating as terminal units receiving chilled water) are classifiable under HSN Code 8418 or HSN Code 8415. The appellate authority examined technical features, the application of Section XVI Note 2(b), precedent on interdependent components, and the absence of integral air conditioning elements in FCUs, concluding that FCUs are classifiable under HSN Code 8415 and that FCUs are not akin to ordinary fans under the headings for fans. (AI Summary)
Date 07 Feb 2020
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Countervailing duty rules: amendments tighten definitions, consultation and circumvention procedures affecting subsidy probes.
Amendments refine definitions and procedures for countervailing duty investigations: the domestic industry definition is narrowed with a control-based relatedness Explanation; new definitions for like article and period of investigation are added; initiation requires a written application but applications must not be publicised until initiation is decided; exporters' governments must be invited to consultations; price undertakings may be monitored and violations can trigger provisional measures; reviews, five-year limits, and anti-circumvention rules with retrospective application from initiation are provided. (AI Summary)
Date 06 Feb 2020
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Profiteering on GST rate reduction: failure to pass on tax and ITC benefits triggers price cuts and fund deposits.
Suppliers who did not pass on the GST rate reduction from 12% to Nil on sanitary napkins, or who increased base prices beyond the permissible effect of denied ITC, were found to have engaged in profiteering under Section 171. The NAA, relying on DGAP investigations and Rule 126 methodology, quantified the shortfall and directed commensurate price reductions, deposit of the profiteered amount into Consumer Welfare Funds on a 50:50 basis under Rule 133, payment of interest until deposit, and noted potential penalty liability under Section 171(3A). (AI Summary)
Date 06 Feb 2020
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TDS on e-commerce transactions: operators must deduct tax on gross receipts including direct payments unless small participants furnish PAN/Aadhaar.
A withholding rule mandates e-commerce operators to deduct tax on the gross amount of sales or services facilitated through their platform, treating direct payments by purchasers as deemed credits by the operator. Individuals and HUFs below a specified annual receipt threshold who furnish PAN or Aadhaar are exempt; non furnishing attracts a higher rate. Transactions subject to deduction under this provision are not to be subjected to TDS under other provisions, though amounts for advertising or unrelated services are excluded from that protection. Consequential amendments to withholding and procedural provisions are proposed. (AI Summary)
Date 05 Feb 2020
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Health cess on imported medical devices funds health infrastructure while operating as an additional customs duty.
A Health Cess is imposed as a duty of customs on imports of medical devices listed in the Fourth Schedule to fund health infrastructure and to support domestic manufacture. The levy (at the rate specified in the Schedule) excludes goods exempt from basic customs duty and inputs/parts for manufacture. Executive notifications grant further targeted exemptions. Valuation for the cess follows Customs Act valuation rules; the cess is additional to other customs duties and existing Customs Act provisions on refunds, exemptions, offences and penalties apply to its administration. (AI Summary)
Date 05 Feb 2020
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Residency rule change: reduced visit threshold, tightened not ordinarily resident test and deeming for citizens not taxable elsewhere.
Amendments to section 6 tighten the day-count threshold for visiting Indian citizens and insert a deeming rule that an Indian citizen shall be resident if not liable to tax in any other country by reason of domicile, residence or similar criteria; the not ordinarily resident test is revised to a single criterion based on non-residence in a specified number of years within a ten-year period, replacing the prior combination of year-count and cumulative day-count conditions. (AI Summary)
Date 05 Feb 2020
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Customs exemption rescission removes specified duty reliefs and restores standard obligations subject to prior-acts protection.
The Central Government rescinded eight customs exemption notifications under section 25(1), withdrawing duty reliefs that had exempted: imports under advance customs clearance permits contingent on export obligations and bonds; project-specific capital equipment; origin-based preferential imports under a regional trading arrangement; goods from neighbouring countries produced wholly in those countries; water supply project inputs; goods subject to tariff-rate floors where exemption applied only above specified ad valorem rates; and comprehensive, conditioned exemptions for goods imported for a major sporting event, which required certificates, undertakings, re-export or handover and licensing for arms. (AI Summary)
Date 04 Feb 2020
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Preferential origin rules: new procedural controls on claims, verification, and suspension of preferential duty treatment.
The Finance Bill inserts Chapter VAA to govern claims for preferential rates under trade agreements, requiring importers to declare origin, possess and furnish information on country of origin and product criteria, and exercise reasonable care. Proper officers may seek information from importers or Issuing Authorities, suspend preferential treatment pending verification, require security or deposit differential duty in the electronic ledger, disallow claims with written reasons, and send verification requests within five years. Amendments also broaden recovery under section 28AAA and create an electronic Duty Credit Ledger under section 51B; preferentially claimed goods breaching Chapter VAA may be confiscated. (AI Summary)
Date 04 Feb 2020
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GST amendment expands transitional input tax credit timing, tightens composition eligibility, strengthens penalties and extends removal-of-difficulties period.
The Finance Bill, 2020 amends GST law by adding Ladakh to the definition of Union Territory; narrowing composition scheme eligibility to exclude service suppliers, inter-state suppliers, supplies through e-commerce operators required to collect TDS and supplies not leviable; modifying input tax credit entitlement and transitional claims to be subject to prescribed time and manner; revising registration cancellation and revocation timelines; recasting tax invoice rules and TDS certificate formality while removing a specified late fee; enhancing penalties for retention of benefits from tax-evasive transactions; and extending removal-of-difficulties powers from three to five years. (AI Summary)
Date 04 Feb 2020
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Penalties for fake invoicing expanded to make beneficiaries liable and tighten ITC and cognizance rules.
Finance Bill 2020 amends GST law to align the definition of "Union territory", harmonise composition scheme eligibility for goods and services, clarify ITC timing so debit note claims run from the debit note date, permit prescription of time and manner for transitional credits (with retrospective effect), provide for cancellation of voluntary registrations and extend revocation windows, empower notification of invoice timing and TDS certificate form, and strengthen penal and cognizance provisions to hold beneficiaries of fraudulent invoicing liable. (AI Summary)
Author
Date 04 Feb 2020
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Annual information statement expands taxpayer access to collected financial data, improving accuracy of return preparation and compliance oversight.
A statutory requirement will oblige the income-tax authority to upload an annual information statement in the assessee's registered electronic account on the designated portal, expanding reportable data beyond tax deducted at source to other financial information in the authority's possession, and replacing the existing FORM 26AS mandate; the prescribed authority will determine form, content and timing by rules. (AI Summary)
Date 04 Feb 2020
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Holding period inclusion for segregated mutual fund units with cost allocation based on relative net asset values.
Amendment provides that the holding period of original units in the main portfolio is to be included in the holding period of units in a segregated portfolio for classifying short term capital assets. It further stipulates that the cost of acquisition of units in the segregated portfolio is allocated in proportion to the net asset value transferred relative to the total portfolio immediately before segregation, and that the original units' cost is reduced accordingly; portfolio terms follow the referenced SEBI circular. (AI Summary)
Date 03 Feb 2020
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Business trust definition clarified to attach listing requirement to both InvIT and REIT, correcting a drafting error.
Amendment modifies clause (13A) of the Income-tax Act by omitting a terminal conjunctive and adjusting lineation so that the listing requirement for units on a recognised stock exchange clearly attaches to both Infrastructure Investment Trusts and Real Estate Investment Trusts registered under the relevant SEBI regulations. The author treats the proposal as a corrective drafting change, noting absence of any explanatory note and suggesting an alternative insertion of a long line to the same effect; the amendment is characterised as having no substantive policy significance beyond rectifying a typographical inconsistency. (AI Summary)
Date 03 Feb 2020
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Recognition of prior government initiatives: call for cross party credit to promote policy continuity and reduce partisan dispute.
The author urges the Finance Minister to formally recognise contributions and initiatives of prior governments, arguing that current welfare and structural measures-such as programmes featuring Direct Benefit Transfer, sanitation and water, Ayushman Bharat, clean energy, financial inclusion and digital infrastructure-build on earlier policy foundations. The commentary contrasts selective commemoration in the budget for certain leaders with an anonymised reference to a former Prime Minister whose critiques of welfare leakage informed DBT, and calls for cross-party acknowledgement to promote policy continuity and reduce partisan dispute. (AI Summary)
Date 03 Feb 2020
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Relaxation of tax audit thresholds where cash receipts and payments are limited, enabling later filing and pre fill procedures.
The proposal amends section 44AB to raise the business turnover threshold to five crore rupees where aggregate cash receipts do not exceed five per cent of total receipts and aggregate cash payments do not exceed five per cent of total payments, and requires tax audit reports to be dated one month prior to the return filing due date. Separate amendments preserve earlier monetary triggers for TDS/TCS by substituting explicit business and profession thresholds in withholding provisions. Commentary highlights ambiguity over inclusion of capital and loan transactions in the aggregate and suggests limiting the cash test to sales and expenses and allowing self-declaration for certification. Effective date proposed is 1 April 2020. (AI Summary)
Date 03 Feb 2020
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GST definition and liability changes expand registration and composition rules, tighten offence penalties, and adjust transitional input tax credit.
Proposed Finance Bill, 2020 amendments revise GST law: add Ladakh to the Union territory definition; broaden composition-scheme eligibility to include goods and services and supplies via e-commerce; amend cancellation and revocation of registration to permit voluntary opt-out and extend revocation timelines; prescribe invoice and tax-deduction certificate formats and timing; impose penalty liability on persons retaining benefits from certain transactions; expand taxable offences to include causing or retaining fraudulent input tax credit; clarify transitional CENVAT-to-GST credit transfer conditions and timelines; adjust administrative approval requirements; and provide retrospective tax treatment for specified notifications. (AI Summary)
Date 01 Feb 2020
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Donee reporting requirement: donor deductions permitted only when recipients file prescribed donation statements, with penalties for noncompliance.
The proposal requires entities receiving donations to file a statement and issue certificates to donors so that donor deductions are permitted only when the donee has furnished the prescribed statement; noncompliance attracts fee and penalty. It establishes a one-to-one reconciliation mechanism for donations and conditions exemption or approval regimes on registration status, making registrations inoperative unless revalidated, provides provisional registration for new applicants for a limited term, and restricts cash donation deductions to a capped sum. (AI Summary)
Author
Date 01 Feb 2020
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New optional tax regime permits choice between regimes, alters deductions and shifts dividend tax to recipients.
The Budget makes the new tax regime optional, allowing taxpayers to elect slab-based rates instead of most deductions and exemptions while retaining the old regime; it abolishes dividend distribution tax so dividends are taxed in recipients' hands; provides a settlement route under the Vivaad se Vishwas scheme with waiver of interest and penalty subject to payment timelines; raises the tax-audit turnover threshold with cash-transaction conditions; offers cooperative societies and companies alternative tax options; extends affordable housing deduction timelines; and mandates electronic registration for charitable institutions. (AI Summary)
Author
Date 01 Feb 2020
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Market-led reform: reduce government intervention and pursue privatization, banking efficiency and export-led growth to boost wealth creation.
The Survey urges a shift to market-led wealth creation by reducing government interventions that distort markets, promoting pro-business competitive policies, and encouraging entrepreneurship at the district level. It endorses an export-oriented "Assemble in India" approach, recommends addressing logistics and regulatory bottlenecks to improve ease of doing business, calls for efficiency improvements in Public Sector Banks through data-driven credit monitoring via a GSTN-like entity, and advocates aggressive disinvestment of central public sector enterprises to boost profitability and competitiveness while reaffirming sustainable development commitments. (AI Summary)
Author
Date 01 Feb 2020
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Job work services in liquor manufacturing taxable under GST; service fees attract GST while liquor supply remains exempt.
Contract bottling or outsourced manufacturing activities - brewing, bottling and packaging performed by a third-party at the brand owner's direction - qualify as job work services and attract GST on the fees or fixed charges paid; the statutory exemption for supply of alcoholic liquor for human consumption does not cover these manufacturing processes, and GST paid on such service charges may be available as input tax credit if otherwise eligible. (AI Summary)
Date 31 Jan 2020