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    CircularsService Tax
    How will the SBC be calculated for services under reverse charge mechanism?
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    Whether SBC is a ‘Cess’ on tax’ and we need to calculate SBC @ 0.50% on the amount of service ...
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    CircularsService Tax
    How will the SBC be calculated for services under reverse charge mechanism?
    Show AI Summary
    Swachh Bharat Cess reverse charge shifts liability to the service recipient, applying existing reverse charge notifications mutatis mutandis.
    Swachh Bharat Cess for services under reverse charge is payable by the service recipient: Chapter V provisions apply to SBC, and government notification makes the existing service tax reverse charge notification applicable to SBC mutatis mutandis, so recipients compute and discharge SBC under the same reverse charge rules.
    CircularsService Tax
    Whether SBC is a ‘Cess’ on tax’ and we need to calculate SBC @ 0.50% on the amount of service ...
    Show AI Summary
    Swachh Bharat Cess: not levied on service tax but imposed on the value of taxable services.
    The Swachh Bharat Cess is not a cess on service tax but is imposed as a separate charge measured on the value of taxable services, rather than being calculated on the amount of service tax as was done for Education Cess and SHE Cess.
    CircularsService Tax
    What would be effective rate of service tax and SBC post introduction of SBC?
    Show AI Summary
    Service tax plus Swachh Bharat Cess yields a combined rate after SBC introduction, affecting taxable services.
    The operative tax burden on taxable services equals the prevailing service tax rate plus the Swachh Bharat Cess, expressed in the FAQ as an additive formula (for example, service tax rate plus 0.5% SBC) to determine the overall effective rate after SBC's introduction.
    CircularsService Tax
    Whether separate accounting code will be there for Swachh Bharat Cess
    Show AI Summary
    Separate accounting code for Swachh Bharat Cess to be notified, creating distinct heads for collection, receipts, penalties and refunds.
    Separate accounting codes for the Swachh Bharat Cess will be notified in consultation with the Principal Chief Controller of Accounts, establishing distinct minor head classifications to record cess Tax Collection, Other Receipts, Penalties and Deduct Refunds with corresponding numeric codes for government accounting.
    CircularsService Tax
    Whether SBC would be required to be mentioned separately in invoice?
    Show AI Summary
    Swachh Bharat Cess must be shown separately on invoices and accounted for independently from service tax.
    Swachh Bharat Cess (SBC) is levied independently of service tax and must be charged, collected and paid separately; it should appear as a distinct line item on invoices (may be shown after service tax), be accounted for separately in books of account, and remitted under a separate accounting code, with treatment similar to education cesses.
    CircularsService Tax
    How will the SBC be calculated?
    Show AI Summary
    Swachh Bharat Cess calculation mirrors service tax and is levied on the identical taxable value.
    The Swachh Bharat Cess is computed using the same methodology as service tax and is levied on the identical taxable value applied for service tax, with no separate valuation base or distinct computation formula for the Cess.
    CircularsService Tax
    Where will the money collected under SBC go?
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    Proceeds of Swachh Bharat Cess credited to Consolidated Fund of India, usable after parliamentary appropriation for sanitation initiatives.
    Proceeds of the Swachh Bharat Cess are to be credited to the Consolidated Fund of India, and after parliamentary appropriation the Central Government may utilise such sums for financing and promoting Swachh Bharat initiatives or for related purposes.
    CircularsService Tax
    Why has SBC been imposed?
    Show AI Summary
    Swachh Bharat cess imposed to finance and promote sanitation initiatives, obliging service providers to collect and remit the levy.
    Imposition of Swachh Bharat Cess is a statutory levy on taxable services to generate revenue expressly for financing and promoting Swachh Bharat initiatives and related purposes, creating an obligation on service providers to collect and remit the cess so funds are available for the designated sanitation objectives.
    CircularsService Tax
    Whether SBC would be leviable on exempted services and services in the negative list?
    Show AI Summary
    Swachh Bharat Cess on exempted and negative list services is not leviable under the FAQ circular.
    The circular clarifies that Swachh Bharat Cess is not leviable on services which are fully exempt from service tax and on services covered by the negative list, limiting the cess's chargeability to taxable services only.
    CircularsService Tax
    What is the date of implementation of SBC?
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    Swachh Bharat Cess implementation date fixed as 15 November 2015 under notification appointing its commencement.
    The Central Government appointed 15 November 2015 as the date on which provisions of the Swachh Bharat Cess come into effect, by notification No.21/2015 Service Tax dated 6 November 2015.
    CircularsService Tax
    What is Swachh Bharat Cess (SBC)?
    Show AI Summary
    Swachh Bharat Cess applies as a service cess on taxable services, increasing service tax liability and compliance obligations.
    Swachh Bharat Cess is a statutory cess levied as a service cess under Chapter VI of the Finance Act, 2015, imposed on all taxable services and collected in accordance with the Act's levy and collection provisions, thereby increasing service tax liability and requiring compliance with service tax accounting and remittance rules.
    ManualsIncome Tax
    STEPS NEED TO BE TAKEN AFTER APPROVAL ADVANCE PRICING AGREEMENT(APA)?
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    Advance Pricing Agreement requires modified returns and extends reassessment deadlines for affected assessment years by tax authorities.
    Entry into an Advance Pricing Agreement fixing the arm's length price requires the taxpayer to file a modified return for each affected assessment year within three months from the end of the month in which the APA is executed. If an assessment was already completed, the Assessing Officer must reassess under the APA and complete that reassessment within one year from the end of the financial year in which the modified return is filed. If the assessment was pending, the Assessing Officer may complete it within an extended timeframe permitted for APA-related assessments.
    ManualsIncome Tax
    What is the limit of PANCARD regarding payment to Life Insurance company ?
    Show AI Summary
    PAN requirement for life insurance premium payments: quoting PAN mandatory when annual premiums meet statutory threshold.
    A payer must quote PAN when annual payments of life insurance premium to an insurer aggregate to Rs. 50,000 or more, the aggregation determining whether the PAN quoting obligation is triggered as a compliance mechanism for identification and reporting of premium payments.
    ManualsIncome Tax
    What is the basic monetary limit required for PANCARD for amount deposit in mutual fund and shares?
    Show AI Summary
    PAN requirement for mutual fund and share deposits triggers mandatory identification and reporting when payments reach the statutory threshold.
    Quoting a Permanent Account Number (PAN) is mandatory for deposits into mutual funds and for share purchases when the payment amount is fifty thousand rupees or more, under the PAN provisions and implementing rules governing income-return and reporting obligations.
    ManualsIncome Tax
    What is the basic limit for PANCARD for payment to foreign country?
    Show AI Summary
    PAN requirement for foreign travel payments: cash disbursements above prescribed limit require PAN for travel, tour, or currency purchases.
    A PAN must be furnished where a single-instance cash payment connected with travel to a foreign country exceeds the prescribed cash threshold; this covers cash payments for fare, payments to travel agents or tour operators, payments to authorized persons under foreign exchange law, and purchases of foreign currency, while excluding travel to neighbouring countries and specified pilgrimage locations.
    ManualsIncome Tax
    Whether PANCARD is require for opening account in bank?
    Show AI Summary
    Permanent Account Number requirement: PAN is mandatory for opening bank accounts under income tax rules with no monetary threshold.
    Permanent Account Number (PAN) is mandatory for opening a bank account under the income tax statutory framework and implementing rules; the requirement applies generally and the source does not specify any monetary threshold limiting the obligation, reflecting PAN's function as an identification and compliance mechanism in return of income and assessment procedure contexts.
    ManualsIncome Tax
    What is the limit of PANCARD for amount depositing in securities.?
    Show AI Summary
    PAN requirement for securities transactions mandates furnishing PAN for deposits exceeding prescribed threshold to enable identity verification.
    A PAN furnishing requirement applies to sale and purchase of securities: where consideration in a securities transaction exceeds the statutory high-value threshold, the person transacting must furnish their Permanent Account Number to the counterparty, implementing identity verification and enabling tax reporting obligations under the income-tax rules.
    ManualsIncome Tax
    Is PANCARD is required for time deposit exceed a time of ₹ 5 lakhs?
    Show AI Summary
    PAN requirement for time deposits: PAN must be furnished when a time deposit exceeds the prescribed regulatory threshold.
    A PAN must be furnished when a depositor makes a time deposit with a bank, banking company, or banking institution that exceeds the prescribed monetary threshold; this imposes an identification and reporting obligation under the income tax PAN provisions and rules.
    ManualsIncome Tax
    What is the Basic limit of PANCARD for sale purchase of immovable property?
    Show AI Summary
    PAN requirement for immovable property transactions: PAN must be furnished where property value meets the statutory threshold.
    A Permanent Account Number (PAN) must be furnished for sale or purchase of immovable property when the transaction reaches the statutory value threshold, as part of PAN-related obligations in return of income and assessment procedure; this requirement applies to parties to the transaction to ensure tax documentation and compliance.
    ManualsIncome Tax
    Is Permission is Required For Filing Of Revised Return?
    Show AI Summary
    Right to file revised return: no prior permission required and permission-application cannot substitute for revision.
    No prior permission is required to file a revised return; the assessee has a right to submit a revised return. An application framed as seeking permission to revise the originally filed return cannot be treated as, or substitute for, a valid revised return, and therefore does not meet the statutory mechanism for revision.

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      Income Tax

      Reconciling Procedural Timelines with Limitation Periods in Income Tax Reassessments

      24 February, 2025

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      Deciphering Legal Judgments: A Comprehensive Analysis of Judgment

      Reported as:

      2025 (2) TMI 55 - DELHI HIGH COURT

      Introduction

      The Delhi High Court's decision in Ram Balram Buildhome Pvt. Ltd. v. Income Tax Officer presents a significant interpretation of the time limitations applicable to reassessment proceedings under the Income Tax Act, particularly in light of the amendments introduced by the Finance Act, 2021 and the impact of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA). The case addresses crucial questions regarding the interplay between various statutory provisions and Supreme Court decisions governing reassessment procedures.

      Key Legal Issues

      The primary issue before the court was whether the reassessment notice dated 30.07.2022 and the order u/s 148A(d) were issued within the limitation period prescribed u/s 149(1) of the Income Tax Act. This required examination of:

      1. The applicability of TOLA extensions

      2. The impact of Supreme Court decisions in Ashish Agarwal and Rajeev Bansal cases

      3. The interpretation of provisos to Section 149(1)

      4. The relationship between procedural timelines u/s 148A and limitation periods u/s 149

      Detailed Analysis

      1. Statutory Framework Post-Finance Act 2021

      The court examined the amended provisions introduced by the Finance Act 2021, particularly: - Section 148A requiring mandatory procedure before issuing reassessment notice - Section 149(1) prescribing limitation periods of 3 years (general cases) and 10 years (specific cases) - The provisos to Section 149(1) regarding exclusion of certain time periods

      2. Impact of TOLA

      The court noted that TOLA extended time limits falling between 20.03.2020 to 31.12.2020 until 30.06.2021. This extension was relevant because: - The original limitation period for AY 2013-14 would have expired on 31.03.2020 - TOLA provided additional time until 30.06.2021 - The initial notice was issued on 01.06.2021, 29 days before the extended deadline

      3. Application of Supreme Court Decisions

      The court applied two significant Supreme Court decisions:

      a) Ashish Agarwal case: - Notices under old regime to be treated as notices u/s 148A(b) - Required provision of material to assessees - Preserved limitation defenses u/s 149

      b) Rajeev Bansal case: - Clarified computation of limitation periods - Established principles for excluding certain time periods - Interpreted interplay between TOLA and new reassessment regime

      4. Computation of Limitation Period

      The court meticulously calculated the available time considering various exclusions: - Period between 01.06.2021 and 04.05.2022 (Ashish Agarwal decision date) - Period between 04.05.2022 and 30.05.2022 (material provision date) - Two weeks granted for assessee's response - Remaining 29 days from TOLA extension

      Key Holdings and Reasoning

      1. Time Limit Calculation: The court held that the AO had only 29 days from 13.06.2022 (when assessee's response was received) to complete both: - Passing order u/s 148A(d) - Issuing notice u/s 148

      2. Limitation Breach: Since the impugned notice was issued on 30.07.2022, well beyond the calculated deadline of 12.07.2022, it was held to be time-barred.

      3. Rejection of Revenue's Arguments: The court rejected the argument that Section 148A(d)'s one-month timeline operated independently of Section 149's limitation period.

      Conclusion

      This decision provides crucial clarity on: - The relationship between procedural timelines and limitation periods - The computation of limitation considering various exclusions - The mandatory nature of completing all procedures within the overarching limitation period The judgment emphasizes that while various provisions provide different timelines, all procedures must be completed within the ultimate limitation period u/s 149.

       

      Full Text:

      2025 (2) TMI 55 - DELHI HIGH COURT

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      ActsIncome Tax
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