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    UTN not mandatory for filing IT returns
    Suggestions / Requests in budget
    Wide ranging issues discussed at pre-budget meeting
    Whether auditors can refuse the department to have access to computer / laptops and/or refuse to provide password in case laptops have been seized.
    Authority for Advance Ruling rejected an application to deliver ruling on the ground of non availability of clear picture
    Whether extinguishment or transfer or surrender of tenancy / lease right is subject to Income Tax under the head Capital Gains
    Net direct tax collections register 5.77% growth
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    June 30, 2009
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    Unique Transaction Number requirement kept in abeyance; returns without UTN treated as compliant and existing TDS procedures continue.
    The Unique Transaction Number (UTN) requirement from Notification No. 31/2009 is kept in abeyance; taxpayers may file income tax returns without a UTN and such filings will be treated as valid and compliant with the Income Tax Act. The Board will subsequently notify the date from which the notification applies to TDS and TCS deposits; until then deductors and collectors must continue depositing TDS/TCS and filing quarterly returns under the procedures existing before Notification No. 31/2009.
    June 17, 2009
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    Standard deduction reinstatement for salaried taxpayers to allow employment expense claims and reform TDS procedures.
    Reinstate a standard deduction for salaried taxpayers and permit deductions for employment related expenses such as professional development and notice pay independent of employer allowances; strengthen HRA verification and payment rules, bring LTA under employer oversight, limit meal card benefits, and introduce family sensitive tax slab treatment and a long term savings subcategory within existing limits. Expand merger and demerger tax benefits to non industrial companies, and reform TDS procedures by removing deductor penalties for vendor PAN failures, imposing time limits for requests, allowing digital Form 16A signing, plus simplifying service tax payments and clarifying central excise registration for importers and depots.
    June 12, 2009
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    Pre-budget consultation: proposals on macroeconomic, devolution, sectoral and tax issues to inform budget formulation.
    Union Finance Minister convened a pre-budget consultation with state and UT leaders to solicit proposals on macroeconomic policy, FRBM implementation and devolution, funding allocations for central schemes, implementation bottlenecks, sectoral needs (agriculture, irrigation, credit, MSME, roads) and tax matters; the Minister stated these suggestions would be considered in formulating the Budget for 2009-10.
    June 7, 2009
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    Client confidentiality limits revenue authorities' access to seized laptops without specific reasons or warrants, protecting unrelated client data.
    The Court addressed whether authorities can compel auditors to disclose passwords or grant unrestricted access to seized laptops containing records of unrelated clients. Forensic examiners could not bypass passwords, and the auditors cited client confidentiality and professional ethics. The decision underscores that authorities cannot pursue fishing or roving inquiries into unrelated client data on seized devices and must have recorded reasons to believe and follow procedural safeguards before expansive intrusion.
    June 7, 2009
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    Tax withholding obligation may depend on whether payments qualify as teaching services under DTAA exclusion.
    The Authority did not grant a ruling due to unclear factual picture but provided guidelines: payments clearly for tuition, workshops or seminars substantially connected to the payer's course of study, teleconferencing and e learning teaching to the institution's students, and fees for faculty teaching may qualify for the Article 12(5)(c) teaching exclusion; amounts attributable to intellectual property or unspecified technical services are not covered. Because the applicant made lump sum payments, the appropriate proportion chargeable to tax must be determined by the assessing authority under the domestic withholding determination procedure.
    June 7, 2009
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    Taxability of tenancy surrender: extinguishment qualifies as transfer but untaxable if capital gains computation is impracticable.
    The surrender or extinguishment of a tenancy or lease right is a transfer of a capital asset because extinguishment is included in the definition of "transfer." When the assessee has not incurred an ascertainable cost to acquire the leasehold interest so that the statutory computation of capital gains cannot be applied, the receipt cannot be recharacterised and taxed under the residuary or casual income head; amounts outside the chargeability of capital gains are not taxable under an alternative head.
    June 5, 2009
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    Direct tax collections growth shows mixed movement as corporate and personal taxes rise while transaction and fringe taxes decline.
    Net direct tax collections rose modestly in the opening two months, led by corporate and personal income tax increases while Securities Transaction Tax and Fringe Benefit Tax fell; refund payments, especially to non corporate taxpayers, rose significantly due to faster processing on the national computer network, and monthly receipts showed volatility with a strong May following a weak April.

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