Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
ICAI's Suggestions for Review of Income Tax Act, 1961: Tax Deducted at Source (TDS) prosecution proceedings are appropriate only where deductors deliberately do not deposit TDS, as mens rea is required. Relief from prosecution u/s 276B should be extended to deductors who pay tax after the prescribed time limit but before service of any notice. For secondary adjustments u/s 92CE, the threshold for primary adjustment may be increased from Rs. 1 crore to Rs. 2 crore to align with FEMA limits. Provisions should allow reversal of advances in books when AE relationship ceases or excess money is repatriated. Section 94A should prevail over section 206AA for withholding tax rates on payments to notified jurisdictional areas. To reduce compliance burden: - Reconsider introducing section 194T for 10% TDS on partner remuneration, or reduce the rate to 2%. - Increase the threshold u/r 37BB for filing Part A of Form 15CA from Rs. 5 lakh to Rs. 10 lakh. - Increase the threshold for obtaining tax clearance certificate u/s 230(1A) from Rs. 10 lakh to Rs. 50 lakh. - Extend the due date for filing belated/revise returns.
ICAI's Suggestions for Review of Income Tax Act, 1961: Tax Deducted at Source (TDS) prosecution proceedings are appropriate only where deductors deliberately do not deposit TDS, as mens rea is required. Relief from prosecution u/s 276B should be extended to deductors who pay tax after the prescribed time limit but before service of any notice. For secondary adjustments u/s 92CE, the threshold for primary adjustment may be increased from Rs. 1 crore to Rs. 2 crore to align with FEMA limits. Provisions should allow reversal of advances in books when AE relationship ceases or excess money is repatriated. Section 94A should prevail over section 206AA for withholding tax rates on payments to notified jurisdictional areas. To reduce compliance burden: - Reconsider introducing section 194T for 10% TDS on partner remuneration, or reduce the rate to 2%. - Increase the threshold u/r 37BB for filing Part A of Form 15CA from Rs. 5 lakh to Rs. 10 lakh. - Increase the threshold for obtaining tax clearance certificate u/s 230(1A) from Rs. 10 lakh to Rs. 50 lakh. - Extend the due date for filing belated/revise returns.
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