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    NewsBills
    Facilitating strategic disinvestment of public sector company
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    Extension of date of sanction of loan for affordable residential house property
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    Extension of date of incorporation for eligible start up for exemption and for investment in eligibl...
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    Removing difficulties faced by taxpayers Increase in safe harbour limit of 10% for home buyers an...
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    Relaxation for certain category of senior citizen from filing return of income-tax
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    Addressing mismatch in taxation of income from notified overseas retirement fund
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    Rationalisation of provisions of Minimum Alternate Tax (MAT)
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    Exemption of deduction of tax at source on payment of Dividend to business trust in whose hand divid...
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    Raising of prescribed limit for exemption under sub-clause (iiiad) and (iiiae) of clause (23C) of se...
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    Extending due date for filing return of income in some cases, reducing time to file belated return a...
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    Constitution of the Board for Advance Ruling
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    Income escaping assessment and search assessments
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    Allowing prescribed authority to issue notice under clause (i) of sub-section (1) of section 142
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    NewsBills
    Facilitating strategic disinvestment of public sector company
    Show AI Summary
    Strategic disinvestment: clarifying demerger treatment and extending carry forward benefits to enable restructuring before transfer of control.
    Amendments treat certain reconstructions or splits of a public sector company as demergers where assets transfer and the resultant entity remains a public sector company, and extend carry forward and set off benefits to amalgamations involving public sector and erstwhile public sector companies subject to conditions, limits on deemed losses and allowances, and notified requirements; new explanations define control, erstwhile public sector company, and strategic disinvestment.
    NewsBills
    Extension of date of sanction of loan for affordable residential house property
    Show AI Summary
    Interest deduction for affordable home loans extended to cover loans sanctioned within the revised outer date, effective for assessment year 2022 23.
    The amendment extends the outer sanction date for loans eligible for the interest deduction for affordable residential house property while retaining existing conditions: availability to first time home buyers, limitation to interest on loans from financial institutions, and a cap on the stamp duty value of the property. The extension allows loans sanctioned within the revised period to qualify and takes effect from 1 April 2022, applying to the corresponding assessment year.
    NewsBills
    Extension of date of incorporation for eligible start up for exemption and for investment in eligibl...
    Show AI Summary
    Startup incorporation date extension expands eligibility for tax deduction and capital gains reinvestment benefits through amended provisions.
    The proposal extends temporal eligibility for startup tax benefits by amending the startup deduction and capital gains reinvestment exemption: the outer date for incorporation of eligible start ups is extended to enlarge eligibility for the hundred percent deduction (subject to the turnover ceiling and three year within ten year rule), and the outer date for qualifying transfers of residential property is extended so more capital gains can be reinvested in eligible start ups; both amendments take effect from the start of the fiscal year.
    NewsBills
    Removing difficulties faced by taxpayers Increase in safe harbour limit of 10% for home buyers an...
    Show AI Summary
    Safe harbour threshold for residential transfers widened, so circle rate counts only where valuation gap is materially large.
    The safe-harbour margin for specified first-time allotments of residential units is increased, so declared consideration will be treated as full value where the stamp duty value does not exceed the enhanced margin; correspondingly, stamp duty value will be imputed as income only when the gap between agreement value and circle rate exceeds that margin. The change applies to transfers meeting the statutory temporal, allotment and consideration conditions and takes effect from the stated assessment year onward.
    NewsBills
    Relaxation for certain category of senior citizen from filing return of income-tax
    Show AI Summary
    Senior citizen filing exemption: qualifying pension recipients relieved from return filing when bank computes and deducts tax.
    The amendment exempts resident senior citizens aged seventy five or older from filing income tax returns if their sole income is pension and optional interest from the same prescribed bank, provided they furnish a prescribed declaration. The specified bank must compute taxable income after allowable deductions and rebate and deduct tax at source; once tax is deducted for the assessment year, the senior citizen is not required to file a return for that year.
    NewsBills
    Rationalisation of provisions related to Sovereign Wealth Fund (SWF) and Pension Fund (PF)
    Show AI Summary
    Exemption for sovereign and pension funds broadened to allow varied infrastructure investment routes with proportionate tax relief.
    Amendments expand tax exemption routes for specified SWF and PF investors by permitting Category I/II AIFs with up to fifty percent non-eligible investments and investment in InvITs, allowing investment via newly formed domestic holding companies with minimum seventy-five percent infrastructure investments, and permitting investment in NBFC-IDF/IFC entities that lend at least ninety percent to infrastructure entities; exemptions will be calculated proportionately where thresholds are not met. Loans for the purpose of making investments in India remain prohibited, day-to-day operational participation is barred while monitoring roles are permitted, and pension funds taxable abroad qualify if fully exempt under their home law. Effective 1 April 2021.
    NewsBills
    Addressing mismatch in taxation of income from notified overseas retirement fund
    Show AI Summary
    Taxation of overseas retirement withdrawals: Central Government may prescribe year and manner of taxation to remove timing mismatch.
    A new Section 89A is proposed to permit the Central Government to prescribe the year and manner in which income of a specified person from a specified account is taxed, addressing mismatches where an overseas retirement account is taxed on withdrawal abroad but on accrual in India; "specified person", "specified account" and "notified country" are defined, and the amendment is to apply prospectively from the tax year beginning 1 April 2022.
    NewsBills
    Rationalisation of provisions of Minimum Alternate Tax (MAT)
    Show AI Summary
    Minimum Alternate Tax adjustments allow recomputation of past years' book profit for APA and secondary adjustments.
    Amendments to section 115JB allow a taxpayer to apply to the Assessing Officer for recomputation of past years' book profit and tax where past year income is included in current books due to an APA or secondary adjustment; section 154 applies and its four year period is reckoned from the end of the financial year in which the application is received. Similar treatment is provided for specified dividend income of foreign companies where such income is taxed below MAT under a double taxation agreement, by adjusting both the dividend income and related expense in computing book profit.
    NewsBills
    Exemption of deduction of tax at source on payment of Dividend to business trust in whose hand divid...
    Show AI Summary
    TDS exemption on dividend payments to business trusts now excludes withholding where dividends are exempt in the trust's hands.
    The second proviso to section 194 is amended to exclude payment of dividends from withholding where dividends are credited or paid to a business trust by a special purpose vehicle or to other notified persons; the amendment is made retrospective to the start of the prior financial year.
    NewsBills
    Rationalisation of the provision concerning withholding on payment made to Foreign Institutional Inv...
    Show AI Summary
    Withholding on FII payments: deduction at the lower of statutory rate or applicable treaty rate where TRC is furnished.
    Withholding on payments to FIIs is amended so that where a payee is entitled to benefits under a double taxation agreement and has furnished the prescribed tax residency certificate, tax shall be deducted at the lower of the statutory deduction rate and the rate provided in the agreement for such income; the amendment is prospective from 1 April, 2021.
    NewsBills
    Rationalisation of provisions relating to tax audit in certain cases
    Show AI Summary
    Tax audit threshold increased for eligible businesses with limited cash transactions, easing audit compliance from assessment year 2021-22.
    The Finance Bill, 2021 proposes to raise the higher audit-threshold applicable to businesses that maintain limited cash transactions-specifically where aggregate cash receipts and aggregate cash payments do not exceed the prescribed five percent limits-so as to reduce compliance burden on small and medium enterprises and incentivise non-cash transactions. The amendment is prospective and will apply from 1 April 2021 for the relevant assessment year and thereafter, with existing audit requirements remaining in force where the cash-transaction conditions are not met.
    NewsBills
    Advance tax instalment for dividend income
    Show AI Summary
    Advance tax interest exemption: dividend income (excluding deemed dividend) added to 234C exclusions when full tax paid later.
    The amendment adds dividend income (excluding deemed dividend) to the list of incomes exempted from interest for shortfall in advance tax instalments, so long as the taxpayer pays the full tax in subsequent instalments; it thereby prevents interest being charged on advance tax shortfalls attributable to dividend receipts.
    NewsBills
    Raising of prescribed limit for exemption under sub-clause (iiiad) and (iiiae) of clause (23C) of se...
    Show AI Summary
    Exemption threshold for receipts on behalf of educational and hospital institutions expanded, widening small trust eligibility from next assessment year.
    Amendment raises the prescribed annual receipts limit that determines entitlement to the exemption under sub-clauses (iiiad) and (iiiae) of clause (23C) of section 10 for income received on behalf of universities/educational institutions and hospitals/institutions. The increased threshold applies to aggregate receipts from the specified institutions, expanding eligibility for small trusts and institutions. The amendment takes effect from 1 April 2022 and applies to the assessment year 2022-23 and subsequent assessment years.
    NewsBills
    Extending due date for filing return of income in some cases, reducing time to file belated return a...
    Show AI Summary
    Due date extensions for partner-related taxpayers and reduced filing window for belated and revised returns.
    Amendments align original return due dates for spouses of partners and partners of firms with the firms' audit or reporting deadlines, shorten the filing window for belated and revised returns by three months, and allow the Board by notification to relax or modify specified defective-return conditions for classes of assessees; effective from 1st April, 2021 for assessment year 2021-22 and subsequent years.
    NewsBills
    Rationalisation of various Provisions Payment by employer of employee contribution to a fund on o...
    Show AI Summary
    Employee contribution treatment clarified: employer-payment exclusion no longer applies for determining due date and deduction entitlement.
    The Finance Bill amends relevant deduction and employer-payment exclusion provisions to state explicitly that the employer-payment exclusion does not apply, and is deemed never to have applied, for determining the "due date" for employee contributions; the amendments distinguish employee contribution (the employee's own funds held in fiduciary capacity) from employer contribution to prevent unjust enrichment and to clarify deduction entitlement and compliance obligations.
    NewsBills
    Constitution of Dispute Resolution Committee for small and medium taxpayers
    Show AI Summary
    Dispute Resolution Committee offers optional faceless settlement with penalty relief and possible prosecution immunity.
    The proposed Dispute Resolution Committee under section 245MA offers an optional, faceless dispute resolution route for small and medium taxpayers where returned income and aggregate variation fall within prescribed thresholds; exclusions apply for cases originating from searches, requisitions, surveys or specified information and for taxpayers subject to detention, prosecution or conviction. The DRC may, subject to conditions, reduce or waive penalties and grant prosecution immunity. The Central Government may notify a scheme to operationalise faceless procedures, adapt Act provisions for the scheme, and impose time limited notification powers; the amendment is to take effect from 1 April 2021.
    NewsBills
    Constitution of the Board for Advance Ruling
    Show AI Summary
    Advance Rulings Reform: Board issues non-binding rulings with judicial appeal, replaces existing Authority and transfers pending cases
    A two-member Board for Advance Rulings will replace the Authority from a notified date; Board rulings will not be binding and may be challenged by judicial appeal. Pending applications with no final order before the notified date will be transferred to the Board with all records. Chapter XIX-B provisions will be amended to substitute references to the Authority with the Board, insert Board definitions, permit a government scheme to govern Board procedures, and align procedural and appellate mechanisms accordingly.
    NewsBills
    Income escaping assessment and search assessments
    Show AI Summary
    Assessment procedure reform: pre notice enquiries and prior authority approval introduced, with risk flagged information driving reopens.
    Proposed amendments recast assessment procedure so section 147 reassessments require information suggesting escaped income and prior specified authority approval before issuing a section 148 notice. Section 148A mandates, except in search/requisition cases, prior enquiries, an opportunity to be heard and a reasoned order on fitness to issue notice, with Board risk flagged data and third party information treated as triggering information. Time limits retain a general three year bar with limited extended exceptions, exclude periods of taxpayer response or court stays, and preserve Assessing Officer powers to address subsequently discovered issues during proceedings.
    NewsBills
    Allowing prescribed authority to issue notice under clause (i) of sub-section (1) of section 142
    Show AI Summary
    Faceless notice issuance: prescribed income-tax authority may issue notices under inquiry-before-assessment provision enabling centralized automated compliance.
    Amendment empowers the prescribed income-tax authority, alongside the Assessing Officer, to issue notices under section 142(1)(i) to compel non-filers to submit returns; this enables centralized, automated and faceless issuance of such notices and aligns notice powers with the Government's policy to eliminate person-to-person taxpayer-department interface, effective 1 April 2021.
    NewsBills
    Provision for Faceless Proceedings before the Income-tax Appellate Tribunal (ITAT) in a jurisdiction...
    Show AI Summary
    Faceless proceedings enable jurisdictionless appellate processing to reduce human interface and improve administrative efficiency.
    Faceless proceedings for appellate disposal before the Income-tax Appellate Tribunal are proposed to eliminate physical interface to the extent technologically feasible, optimise resource utilisation through economies of scale and functional specialisation, and introduce an appellate system with dynamic jurisdiction. The Central Government would be empowered to notify a scheme and issue notifications adapting or disapplying provisions of the Act as necessary to implement the faceless framework, with publication in the Official Gazette and parliamentary laying requirements.

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      Bills

      Expanding the eligibility criteria for appointment of member of Adjudicating Authority under the Prohibition of Benami Property Transaction Act, 1988.

      1 February, 2020

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      Budget 2020-21 + FINANCE BILL, 2020

      Expanding the eligibility criteria for appointment of member of Adjudicating Authority under the Prohibition of Benami Property Transaction Act, 1988.

      The existing provisions of section 9 of the PBPT Act, inter-alia, provides that, a member of the Indian Revenue Service who has held the post of Commissioner of Income-tax or equivalent post in that Service; or a member of the Indian Legal Service who has held the post of Joint Secretary or equivalent post in that Service is qualified for appointment as a Member of the Adjudicating Authority.

      It is proposed to amend the said section so as to provide that a person who is qualified for appointment as District Judge shall also be eligible for the appointment as a Member of the Adjudicating Authority.

      This amendment will take effect from 1st April, 2020.

      [Clause 143]

       

       

      Budget 2020-21 + FINANCE BILL, 2020

      Topics

      ActsIncome Tax
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