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Assessment of other person's income under Sec.153C allows AO to assess or reassess income when seized material pertains to them.
Under Sec.153C, when material seized during a search in one person's premises belongs to another person, the AO must be satisfied that the items pertain to that other person, hand the material to the AO having jurisdiction over them, and that AO shall proceed to assess or reassess the other person's total income in the same manner as assessments in search cases. Recording of satisfaction is a jurisdictional prerequisite based on cogent material, and abatement, multiple search interactions and scope of additions follow the procedural rules applicable to search assessments. (AI Summary)
Date 19 Aug 2019
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Payment of wages: prescribes permitted payment modes, wage periods, time limits and capped deductions under the Code.
The Code prescribes modes of wage payment, employer-fixed wage periods, and strict time limits for payment including expedited payment on termination. Deductions are permitted only for specified categories, capped at fifty percent per wage period, and fines require prescribed notice, hearing, registration and limits; realizations must fund employee benefits. Bonus rules set eligibility, a minimum floor and productivity ceiling, computation from allocable surplus with prescribed prior charges, graduated set-on/set-off across initial years, and time limits with authority extensions and dispute procedures. (AI Summary)
Date 19 Aug 2019
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Document Identification Number requirement enhances transparency; manual communications without DIN invalid unless duly approved and regularised.
The Board requires a computer-generated Document Identification Number (DIN) to be allotted and quoted in the body of prescribed communications issued by income tax authorities on or after the cut off date; communications not conforming will be treated as invalid. Limited exceptions permit manual issuance only with written reasons and prior written approval of the Chief Commissioner/Director General and subject to prescribed regularisation and system-intimation procedures. The Circular aims to secure an audit trail and better service delivery, while the author critiques the cut off timing, breadth of exceptions, and urges officer accountability in e proceedings so submissions are acknowledged and considered. (AI Summary)
Date 17 Aug 2019
Replies 2 Replies
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Equal remuneration and minimum floor wage framework mandate nondiscrimination and centralized floor wage guidance for wage fixation.
The Code on Wages, 2019 creates a unified framework defining wage, excluding certain specified payments while allowing inclusion where exclusions exceed a prescribed proportion, treats specified in kind remuneration as part of wages up to a threshold, mandates equal remuneration regardless of gender for same or similar work, and allocates responsibility to Central and State Governments as the appropriate Government to fix minimum wages not below a Central fixed floor wage. It prescribes components and procedures for fixation, consultation, notification, periodic review, working hours, rest days and overtime at not less than twice the normal rate. (AI Summary)
Date 17 Aug 2019
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Advance ruling jurisdiction limited to specified GST questions; procedural and pre GST ITC issues lie outside the AAR remit.
The AAR's remit under Section 97(2) and Section 100(1) is limited to defined GST questions such as registration, classification, notification applicability, time and value of supply, ITC admissibility, and tax liability; matters outside that list-including procedural issues, e way bill rules, and pre GST capital goods ITC-are outside AAR jurisdiction and may be rejected, as illustrated by recent rulings where e way bill and pre GST ITC questions were refused and classification or works contract issues were answered only where within scope. (AI Summary)
Author
Date 17 Aug 2019
Replies 1 Reply
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Advance ruling under GST clarifies classification, tax liability and input tax credit issues for applicants; appeal provisions apply.
Advance ruling under GST allows a taxpayer to seek pre decision clarity on classification, notification applicability, time and value of supply, admissibility of input tax credit, tax liability, registration requirement, and whether an act amounts to supply. Applications are filed in Form GST ARA 01 with prescribed fees and documents; the authority may request further information, must hear the applicant, and pronounce a written ruling within ninety days, sending certified copies to the applicant and relevant officers. (AI Summary)
Date 16 Aug 2019
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Taxability of long term lease concession fees affirmed under GST; transitional cesses not creditable; job work and testing services taxable.
Recent state AARs affirmed that a one time concession fee for a long term lease is taxable under GST as a continuous supply and does not meet the notification exemption; transitional carry forward does not permit credit of Education Cess, Secondary & Higher Education Cess or Krishi Kalyan Cess; job work on principal owned inputs is taxable at prescribed concessional rates; and testing services involving foreign provided prototypes tested in India are not zero rated exports of service. (AI Summary)
Date 16 Aug 2019
Replies 2 Replies
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Corporate compliance reforms strengthen registrar powers and tighten penalties, expanding CSR, disclosure and fraud investigatory tools.
The Companies (Amendment) Act tightens corporate compliance by expanding regulatory obligations, enhancing enforcement powers of the Registrar of Companies, revising offence classifications and sanctions, and prescribing electronic filing and verification requirements. It refines Corporate Social Responsibility rules on mandated spending and treatment of unspent amounts; mandates dematerialised issuance for certain securities; empowers the Serious Fraud Investigation Office to investigate and seek disgorgement or personal liability for fraud; establishes a National Financial Reporting Authority to sanction audit and valuation misconduct; and requires identification of Significant Beneficial Owners. (AI Summary)
Author
Date 16 Aug 2019
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GST rate reductions for electric vehicles expand tax relief while administrative and return-process reforms advance compliance and refunds.
The Finance Act enacted GST amendments effective on enactment, prompting administrative measures including filing extensions and dispute-resolution activation; tax policy changes lower GST on electric vehicles and chargers and exempt certain electric-bus hiring; RWA maintenance charges are exempt up to prescribed per-apartment limits with excess treated as fully taxable; trial release of a new-return offline tool (ANX-1/ANX-2) and portal updates (revised ITC-04, practitioner filing features) were announced alongside audit findings on compliance and system deficiencies. (AI Summary)
Date 14 Aug 2019
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Continuing professional education requirement for insolvency professionals mandates ongoing credit accumulation to maintain registration and assignment authorization.
The Guidelines require insolvency professionals to undertake ongoing Continuing Professional Education to maintain registration and authorization for assignment, with specified annual and rolling multi year credit requirements, an exemption for those aged sixty five, and an effective date of 01.01.2020. Credit may be earned through IBBI approved learning activities and publications with prescribed credit allocations. IPAs must monitor and record credits, submit quarterly exception reports to the Board, and allow limited, conditional annual exemptions while ensuring backlog hours are completed before revival of registration or authorization. (AI Summary)
Date 14 Aug 2019
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E-way bill validity rules govern transport compliance and conditional release pending adjudication for expired documents.
Rule 138(10) prescribes e-way bill validity from the relevant date for specified periods by distance, with special shorter increments for over dimensional cargo and multimodal shipments involving sea; extensions may be notified by the Commissioner or effected by the transporter in exceptional circumstances by updating Part B of FORM GST EWB-01 within eight hours of expiry. Section 129(1) provides release mechanisms on payment or security, and adjudicating authorities must assess whether expired e-way bills reflect substantive evasion or technical lapse, having regard to explanations and accompanying documents. (AI Summary)
Date 13 Aug 2019
Replies 1 Reply
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GST Suvidha Provider simplifies GST return filing and e way bill generation, integrating accounting systems for automated compliance.
Taxpayers must file detailed invoice-wise outward supply information in GSTR-1 and submit ITC-04 for goods sent to job workers; manual preparation and reconciliation with suppliers' uploads create operational challenges given monthly due dates. GST Suvidha Providers offer authorised integrated applications and APIs that automate return filing, purchase-register reconciliation, role based access, ERP integration and rapid e way bill generation, enabling data flow from accounting systems to the GST system and reducing manual compliance burdens. (AI Summary)
Date 12 Aug 2019
Replies 4 Replies
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GST reconciliation requirement expands auditor responsibilities; audited accounts must be reconciled with annual returns and liabilities paid electronically.
Form GSTR-9C requires registered persons above the turnover threshold to furnish an audited annual return with a reconciliation statement reconciling audited financial statements with the annual return. The form comprises Part A reconciliation worksheets covering gross and taxable turnover adjustments, tax paid reconciliation, ITC reconciliation and auditor recommendations, and Part B certification by the auditor or another qualified person. Any additional liabilities identified must be paid electronically via Form DRC-03; auditors must verify, explain unreconciled differences and recommend settlement of erroneous refunds or outstanding demands. (AI Summary)
Date 12 Aug 2019
Replies 4 Replies
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GST rate notifications define taxable supplies, exemptions, and reverse-charge obligations for registered taxpayers and recipients.
GST applies only when supplies are made by registered taxpayers; Central and matching State notifications prescribe rate bands for goods and services and list supplies exempt from tax, using HSN for goods. Distinct notifications identify categories subject to the reverse charge mechanism, and separate rules addressed registered persons purchasing from unregistered persons-initially subject to transactional thresholds but later suspended and rescinded. Notifications are amended periodically and State notifications mirror Central rates; practitioners should consult consolidated updated notifications to determine current taxability and applicable mechanisms. (AI Summary)
Date 10 Aug 2019
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Repealing obsolete enactments and correcting statutory cross references, while preserving prior rights under a saving clause.
The measure repeals numerous obsolete enactments and makes targeted textual corrections to existing statutes: it inserts a missing cross reference in the capital gains exemption provision for shifting industrial undertakings to Special Economic Zones and corrects drafting errors in the institute governance statute regarding the definition of "Director" and the ordinance terminology. A comprehensive saving clause preserves prior actions, accrued rights, liabilities and proceedings and prevents repeal from reviving or creating non existing offices, rights or jurisdictions. (AI Summary)
Date 10 Aug 2019
Replies 2 Replies
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Limited Liability Partnership formation and compliance require name reservation, designated partners, incorporation and ongoing statutory filings to maintain status.
An LLP is a statutory entity governed by a registered LLP agreement that sets partners' rights, designated partner roles, procedures for admission and cessation, dispute resolution, duration and winding up. Incorporation requires name reservation, minimum designated partners, prescribed KYC and office documents, consent and subscribers sheet, disclosure of other directorships/partnerships, filing of incorporation forms and payment of stamp duty, followed by filing the LLP agreement. Regulation demands appointment of an auditor, annual financial filings, timely updates to partner relationships and liability changes, registration of agreement amendments, conversion options, and statutory winding up and sanction mechanisms. (AI Summary)
Author
Date 10 Aug 2019
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Taxability of non-residents: specified exemptions, presumptive regimes, and concessional rates govern cross border income treatment.
Specified receipts of non-residents are exempt from Indian tax when conditions such as prior notification or approval, residency or citizenship status, duration of stay, nature of payer, or the terms of an agreement are met. Presumptive taxation applies to non-residents in shipping, aircraft operation and mineral oil-related activities, while other provisions allow specified deductions and special concessional rates for capital gains, interest, dividends, royalty and service fees. Relief under tax treaties may be claimed when more beneficial. (AI Summary)
Author
Date 10 Aug 2019
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DIR-3 KYC requires directors to update verified personal details via a web service, enabling simplified annual compliance.
DIR-3 KYC requires individuals with a Director Identification Number to maintain verified personal details for KYC, covering first-time filings and updates. A designated web service allows directors who have previously filed to authenticate via one-time passwords, confirm pre-populated particulars, and complete annual KYC filing with no fee and generation of a challan. (AI Summary)
Author
Date 09 Aug 2019
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Special constitutional autonomy for Jammu and Kashmir removed; Constitution applied fully and the region reorganised into union territories.
In August 2019 the President, exercising powers under Article 370, issued orders that amended the application of the Constitution to Jammu and Kashmir by adding a clause redefining references to the State's institutions and, on parliamentary recommendation, declared Article 370 to cease to be operative except as preserved, while providing that all provisions of the Constitution shall apply to the territory; concurrently a reorganisation bill was introduced to bifurcate the State into two Union Territory arrangements. (AI Summary)
Date 09 Aug 2019
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HSN classification determines applicable import tax rates and importer liability for reassessment and differential tax collection.
HSN is an international coding system for classifying traded goods by composition, form and function using sections, chapters and headings under the General Rules for the Interpretation of the Harmonized System. Importers bear responsibility for correct HSN classification and self-assess import duty; misclassification may prompt customs reassessment and demands for differential tax. Under GST several duties were subsumed into IGST, creating possible tariff and IGST rate mismatches between main goods and their parts. (AI Summary)
Date 09 Aug 2019