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Exemption of service element and disability element of disability pension granted to disabled personnel of armed forces who have been invalided on account of disability attributable to or aggravated by such service
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Exemption of disability pension: tax exclusion for armed forces personnel invalided due to service related disability, not for retirees.
Exemption is affirmed for the service element and disability element of disability pension paid to members of the armed forces who have been invalided from service on account of bodily disability attributable to or aggravated by such service; it applies to all ranks but does not extend to personnel who retire on superannuation or otherwise.
'Assessment of Firms'-some of the important issues to be kept under consideration by the Assessing Officers while framing assessment
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Partnership remuneration and interest limits: assessors must verify deeds, compute book profit and cross check partner returns.
Assessing Officers must cross verify firm expenditures like interest on capital and partner remuneration with partners' returns and obtain the partnership deed to ensure payments are authorised and relate to periods after the deed. Interest and remuneration must be computed and allowed strictly in accordance with the partnership deed and limited by the aggregate ceiling based on book profit, excluding non business income. AOs should enforce compliance that can deny deductions, prevent profit inflation for preferential deductions, verify carry forward claims on change of constitution, and use tax audit reports effectively.
Clarification regarding non-allowability of set-off of losses against the deemed income under section 115BBE of the Income-tax Act, 1961 prior to assessment-year 2017-18
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Set-off of losses allowed against income under section 115BBE for periods prior to the statutory amendment.
The prohibition on allowing deduction, allowance or set-off of any loss against income treated as deemed income arises from the Finance Act, 2016 amendment and applies only from the amendment's operative date; assessee are entitled to claim set off of losses against deemed income for periods before that operative date and assessments and litigation for those periods should be aligned accordingly.
Guidelines for Compounding of Offences under Direct Tax Laws, 2019
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Compounding of tax offences: guidelines set eligibility, exclusions, procedural steps and a detailed fee framework.
Guidelines establish a discretionary compounding regime under the Income-tax Act: offences are classified into Category 'A' and 'B' with certain sections non-compoundable; applicants must file a prescribed affidavit, pay outstanding tax, interest and penalties before filing (with verification cure provisions), undertake to pay compounding charges and withdraw related appeals; time limits and restricted relaxations apply; a competent authority/Committee framework and detailed procedural steps control consideration, order-making and payment; compounding charges combine fee, prosecution establishment and litigation expenses with specific fee formulas for different offences.
Extension of Due date of filling of TDS statement Form 24Q and issuing of TDS certificate Form 16 - Order under section 119 of the Income Tax Act, 1961
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Extension of TDS compliance deadlines provides relief to deductors by postponing filing and certificate issuance deadlines.
Under the exercise of powers conferred by section 119 of the Income-tax Act, the Central Board of Direct Taxes extends the deadline for filing the TDS statement in Form 24Q for the relevant financial year and separately extends the deadline for issuing the corresponding TDS certificate in Form 16 to redress genuine hardship caused by revision of the statement format and updating of the File Validation Utility.
Standard Operating Procedure(SOP) for Aadhaar Delinking
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Aadhaar delinking procedure requires RCC verification and ADG(S)-1 initiated ITBA delinking with e-filing and stakeholder notifications.
The SOP mandates that RCCs classify Aadhaar-PAN grievances, collect grievance letters, contact details, PAN and Aadhaar documents and audit logs from PAN service providers and ITBA, prepare an analysis report, and forward cases requiring action to the O/o Joint Director(S), ADG(S)-1 team. ADG(S)-1 will initiate Aadhaar delinking via ITBA after verification and coordinate with the e-filing team, taxpayers, service providers and originating RCCs to effect database refreshes and any subsequent allotment or restoration actions.
Task Force for drafting a New Direct Tax Legislation-Extension of term
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Extension of Task Force term: deadline extended for submission of report to allow completion of drafting new direct tax law.
The Task Force constituted to draft a new direct tax law, reconstituted with authority to co-opt members and including the co-option of a Principal Commissioner, has had its term extended by official order to permit submission of its report by a newly specified deadline; the extension is issued with ministerial approval and communicated by a Joint Commissioner under the original Terms of Reference.
ORDER UNDER SECTION 119 OF THE INCOME-TAX ACT, 1961.
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Extension of TDS compliance deadlines for affected Odisha deductors grants additional time for deposit, filing and certificate issuance.
Extension of TDS compliance deadlines for deductors in the State of Odisha: the Board extends the due date for depositing tax deducted at source for April 2019 to a later date in May, extends the due date for filing the quarterly TDS statement for the last quarter of financial year 2018-19 into June, and extends the due date for issuance of TDS certificates in Forms 16 and 16A by one month for affected deductors.
Extending due date for TDS Odisha - Order u/s 119 of the Income Tax Act, 1961
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TDS deadline extensions for Odisha deductors provide procedural relief for deposit, filing and certificate issuance after cyclone disruption.
Exercise of administrative power under section 119 grants deductors in Odisha time-limited procedural relief due to cyclone-related disruption: extensions for depositing TDS for April 2019, filing the quarterly TDS statement for the last quarter of 2018-19, and issuance of TDS certificates in Form 16 and Form 16A, each replacing the original deposit, filing, or issuance deadline for deductors in the State of Odisha.
Condonation of delay in filing of Form no. 10B for years prior to AY 2018-19
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Condonation of delay in filing Form 10B: certain belated filings condoned; commissioners may admit other applications.
The Board, under section 119(2), directs that delays in furnishing Form 10B are condoned where the audit report was obtained before filing the return but furnished after filing and before the statutory due date; for other belated filings prior to the cutoff, Commissioners of Income-tax are empowered to admit condonation applications under section 119(2)(b) after being satisfied of reasonable cause, and to dispose of such applications by the prescribed administrative deadline.
Amendment of Form No 10B of the Income-tax Rules, 1962- Draft notification for inputs from stakeholders and the general public
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Amendment of Form No. 10B requires updated audit certification and a detailed Annexure of particulars for trusts and institutions.
The proposed substitution of rule 17B and Form No. 10B requires trusts and institutions to furnish an updated audit report certifying that accounts give a true and fair view together with a signed Annexure of particulars. The Annexure mandates detailed disclosures on registration and legal status, objects and receipts (including business activities and foreign contributions), application and accumulation of income, investments and deposits, accounting policies, inadmissible amounts, tax deduction/collection compliance, and comprehensive related party and deemed use disclosures concerning specified persons.
GAAR - reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance - Order under section 119 of the Income-tax Act, 1961
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General Anti-Avoidance Rule reporting and GST audit disclosures deferred administratively, with those Form 3CD clauses held in abeyance.
Reporting obligations in Form No. 3CD for clause 30C (GAAR disclosures) and clause 44 (GST disclosures) are administratively deferred; the tax authority has ordered that reporting under those clauses shall be kept in abeyance until 31st March, 2020, while other audit reporting requirements continue to apply.
Clarification regarding definition of "Fund Manager" under Section 9A(4)(b) of the Income-tax Act, 1961
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Fund manager recognition: SEBI-approved AMCs treated as fund managers, qualifying for specified income-tax benefits under the Act.
An AMC approved under the SEBI (Mutual Funds) Regulations, 1996 is to be treated as a Fund Manager for the purposes of Section 9A(4)(b) of the Income-tax Act, as SEBI has confirmed that AMCs engage in fund management of mutual funds and thereby fall within the substance of the term; the SEBI regulations have been included among the "specified regulations" by prior notification to align regulatory approval with the Act's definition.
Order Under Section 138(1)(a) of the Income Tax Act, 1961
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Information sharing obligations designate income-tax systems authority to furnish ITR data to GSTN under statutory provision.
The CBDT designates the Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) as the specified income-tax authority to furnish assessee information to the GSTN, subject to an opinion that such sharing is necessary. Data exchange may occur by request-based, spontaneous, or automatic modes, with request-based exchanges to include key ITR fields such as filing status, turnover, gross total income, turnover ratio and ranges. A Memorandum Of Understanding between the income-tax systems authority and the GSTN nodal officer must set modalities, confidentiality, data preservation, weeding procedures and timelines, and a copy of the MoU is to be forwarded for record.
Approval of hospital for the purpose of sub-clause (b) of clause (ii) of the proviso to clause (viii) of sub-section (2) of section 17 of the Income-tax Act, 1961 - M/s Shri Sai Hospital (a unit of Akhilesh Kumar Singh Hospital Private Limited), [PAN: AAJCA8384P], Plot# DS/2, Behind Geological Survey of India, Near Kankarbagh Police Station, West of Rajendra Nagar Over Bridge, Kankarbagh, Patna-800020
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Hospital approval for perquisite exclusion allows employer-paid medical expenses at approved hospital to be non-perquisite under income tax rules.
Approval is accorded to M/s Shri Sai Hospital under sub-clause (b) of clause (ii) of the proviso to clause (viii) of sub-section (2) of section 17 of the Income-tax Act, 1961 read with Rule 3A(1) and 3A(2), permitting employer-paid medical expenses for specified diseases or ailments at the approved hospital to be excluded from perquisite treatment under sections 15, 16 and 17, subject to non-transferability, exclusion of Indian systems/homeopathy, inspection, continued statutory compliance, and possible modification or withdrawal for misrepresentation or failure to meet conditions.
Approval of hospital for the purpose of sub-clause (b) of clause (ii) of the proviso to clause (viii) of sub-section (2) of section 17 of the Income-tax Act, 1961 - M/s Big Hospital (a unit of M/s Big Healthcare Pvt. Ltd.), [PAN: AAFCB8633C], Sheetala Mata Mandir Road, Near-Sump House, Agamkuan, Patna- 800030
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Hospital approval under Income Tax rules: employer-paid medical expenses for listed conditions excluded from perquisite taxation.
Approval is accorded to M/s Big Hospital for the purposes of sub clause (b) of clause (ii) of the proviso to clause (viii) of sub section (2) of section 17 of the Income tax Act, 1961, under Rule 3A(1) and 3A(2). Employer payments for medical treatment of an employee's family at the approved hospital for specified diseases and ailments will not be treated as a perquisite for sections 15, 16 and 17, subject to the enumerated disease categories, exclusion of Indian systems of medicine and homeopathy, non transferability, inspection rights, continued compliance, and withdrawal on misrepresentation.
Clarification with regard to the time allowed for filing of return of income subsequent to the insertion of Clause (ba) in sub-section 1 of section 12A of the income –tax Act , 1961
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Return filing deadline under section 139 clarifies eligibility for section 11 exemption for registered trusts when timely filed.
The insertion of clause (ba) in sub section (1) of section 12A requires that a person in receipt of income chargeable to tax must furnish the return of income within the time allowed under section 139 for a trust registered under section 12AA to avail exemption under section 11; returns required by sub section (4A) must therefore be filed within the time allowed under section 139 and assessments denying exemption solely for belated filing should be rectified.
Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment
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Profit attribution to permanent establishments: propose Rule 10 amendments to apportion profits by sales, employees, assets and users.
The Committee recommends amending Rule 10 to prescribe objective apportionment formulas for profits attributable to a PE: a three factor apportionment (equal weight to sales, employees/wages and assets) with "profits derived from India" computed as India revenue x global operational (EBITDA) margin subject to a 2% revenue floor; and, where users materially contribute (SEP), a four factor formula including users with weights of 10% (low/medium intensity) or 20% (high intensity), with deductions for profits already taxed in India in the hands of associated resident enterprises.
Extending the due date for furnishing of report u/s 286(4) of the Income-tax act, 1961
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Furnishing report under section 286(4) extended for constituent entities with US parents until April 30, 2019.
An administrative one time extension permits constituent entities in India whose parent entities are US resident to furnish the report required under section 286(4) for reporting accounting years ending up to April 29, 2018 by April 30, 2019, in view of the India US exchange agreement not yet being notified and the exchange mechanism not being operational, notwithstanding the Rules' general twelve month filing period and prior extension to March 31, 2019 for earlier reporting years.
Giving effect to the judgement(s)/order(s) of Hon'ble Supreme Court on Aadhaar-PAN for filing return of income
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Aadhaar-PAN linkage requirement now mandatory for filing income tax returns; exemptions allow limited exceptions for prior filings.
Aadhaar-PAN linkage is mandated as a precondition for filing income tax returns: every person eligible for Aadhaar must quote the Aadhaar number when filing returns, and returns filed electronically or manually without quoting Aadhaar will not be accepted unless an exemption applies. Prior returns filed without Aadhaar pursuant to interim judicial directions or temporary online functionality will be processed without adverse consequence for non-quotation.

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