Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    News Bills
    Trusts or institutions not filing the application in certain cases
    News Bills
    Specified violations under section 12AB and fifteenth proviso to clause (23C) of section 10
    News Bills
    Combining provisional and regular registration in some cases
    News Bills
    Omission of redundant provisions related to roll back of exemption
    News Bills
    Treatment of donation to other trusts:
    News Bills
    Rationalisation of the provisions of Charitable Trust and Institutions
    News Bills
    Providing clarity on benefits and perquisites in cash
    News Bills
    Non-Banking Financial Company (NBFC) categorization
    News Bills
    Specifying time limit for bringing consideration against export proceeds into India
    News Bills
    Rationalization of provisions related to the valuation of residential accommodation provided to empl...
    News Bills
    Bringing the non-resident investors within the ambit of section 56(2)(viib) to eliminate the possibi...
    News Bills
    Clarification regarding advance tax while filing Updated Return
    News Bills
    Relief from special provision for higher rate of TDS/TCS for non-filers of income-tax returns
    News Bills
    Facilitating TDS credit for income already disclosed in the return of income of past year
    News Bills
    TDS on payment of accumulated balance due to an employee
    News Bills
    Tax treaty relief at the time of TDS under section 196A of the Act
    News Bills
    Excluding non-banking financial companies (NBFC) from restriction on interest deductibility
    News Bills
    Amendments in consequence to new provisions of TDS
    News Bills
    Penalty for furnishing inaccurate statement of financial transaction or reportable account
    News Bills
    Provisions relating to reassessment proceedings
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
News Bills
Show AI Summary
Exit tax on accreted income applicable when trusts fail re registration, deemed conversion triggers tax liability and payment obligation.
Failure by a trust or institution under the first or second regime to file required provisional, regular or re registration/approval applications within prescribed periods will be deemed a conversion not eligible for registration, attracting Chapter XII EB taxation. The tax is on accreted income (FMV of assets less liabilities per rules), charged at the maximum marginal rate and collectible in addition to other taxes. Principal officers/trustees and the specified person are jointly liable to pay the tax within fourteen days from the end of the previous year; the date of conversion includes the last date to apply.
News Bills
Show AI Summary
Specified violation: incomplete or false registration applications now justify cancellation of trust approvals under the automated regime.
Amendments expand the definition of specified violation to include applications that are incomplete or contain false or incorrect information, permitting cancellation of provisional approval/registration or approval/registration granted through the automated e filing process; the statutory text inserts clause (g) into the Explanation to the fifteenth proviso of clause (23C) of section 10 and into the Explanation to sub section (4) of section 12AB, with effect from 1 April, 2023.
News Bills
Show AI Summary
Combining provisional and regular registration allows direct regular approval for active trusts, streamlining application and approval processes.
Amendments permit trusts and institutions that have already commenced activities to seek direct regular approval instead of provisional registration; such applications are to be examined by the Principal Commissioner or Commissioner under applicable procedures, and registration may be granted for a multi year term if the authority is satisfied about objects, genuineness and statutory compliance, with the authority required to pass an order granting or rejecting the application within the prescribed decision period from receipt.
News Bills
Show AI Summary
Roll-back provisions removed from section 12A(2), eliminating retrospective exemption and reassessment protection after later registration.
The Finance Bill proposes to omit the second, third and fourth provisos to section 12A(2), which previously permitted retrospective application of sections 11 and 12 and barred reassessment under section 147 for certain prior years upon later registration; these provisos are deemed redundant after 2020 amendments requiring provisional registration before commencing activities, and the omission takes effect from 1st April, 2023.
News Bills
Show AI Summary
Application of donations between trusts: inter trust transfers now count only partially as charitable application under the amendment.
The Finance Bill restricts treatment of donations from one eligible trust or institution to another by providing that amounts credited or paid to another eligible fund, trust or institution or to a trust registered under the registration provision will be treated as application for charitable or religious purposes only to the extent specified in newly inserted explanatory clauses to the income exemption and income application provisions; the measure aims to prevent layered accumulation through multi stage donations and preserves the non corpus requirement for such transfers.
News Bills
Show AI Summary
Corpus and loan repayment rules limited: deposits or repayments qualify only if returned within a prescribed period and conditions met.
Reinvestment into corpus or repayment of loans previously applied for charitable purposes will not be allowed as a fresh application if the original application was claimed before 01.04.2021, to prevent double deduction. Requalification is permitted only if repayment or reinvestment occurs within a limited period after application and the original application complied with statutory conditions (including prohibitions on corpus transfers, TDS and payment-mode limits, prohibition on benefit to disallowed persons, and India-location rules). Amendments add provisos to clause (23C) of section 10 and to section 11; they take effect from 1 April 2023.
News Bills
Show AI Summary
Tax deduction on benefits and perquisites clarified to cover cash or kind and to trigger withholding obligations.
Amendments clarify that the value of any benefit or perquisite arising from business or profession is chargeable and that withholding under section 194R applies whether the benefit or perquisite is provided wholly in cash, wholly in kind, or partly in cash and partly in kind. The section 28 change addresses past judicial interpretation excluding cash benefits and is effective from 1st April, 2024, while the Explanation to section 194R is stated to take effect from 1st April, 2023.
News Bills
Show AI Summary
NBFC categorisation change: tax rules now specify deposit-taking and systemically important non-deposit-taking NBFCs for interest treatment.
The proposal replaces the earlier statutory phrase referring to notified classes of non-banking financial companies with explicit reference to deposit-taking non-banking financial companies and systemically important non-deposit-taking non-banking financial companies, thereby specifying which NBFC categories are subject to the payment-basis interest deduction rule and the special interest income recognition rule. The amendment is prospective and will take effect from 1st April, 2024, applying to the assessment year 2024-2025 and subsequent years.
News Bills
Show AI Summary
Time limit for export proceeds remittance ties deduction to receipt in convertible foreign exchange or RBI approved account.
Amendments tie SEZ unit deduction eligibility to filing the return of income by the due date and to receipt in India of export proceeds in convertible foreign exchange within six months from the end of the previous year (or within an extended period allowed by the competent authority). Proceeds credited to an RBI approved separate overseas bank account will be deemed received in India. Competent authority means the Reserve Bank of India or an authority regulating foreign exchange. Assessing officers may amend assessments when export earnings are realized after the permitted period.
News Bills
Show AI Summary
Valuation of employee accommodation: uniform Rules based method to compute perquisite value and classify concessional housing.
The proposal consolidates valuation of employer provided residential accommodation by vesting the Rules with power to prescribe a uniform method for computing the value of rent free and concessional accommodation perquisites, treats accommodation as concessional when prescribed value exceeds rent payable by the employee, deletes several existing Explanations, and applies prospectively to assessments after implementation.
News Bills
Show AI Summary
Inclusion of non-resident investors in tax on share premium to curb premium-based tax avoidance schemes.
The Finance Bill proposes removing the residency limitation in the tax on excess consideration for issue of shares so that consideration received from non-resident investors will also be chargeable where aggregate consideration exceeds the fair market value computed under the existing FMV formula for unquoted equity shares; the amendment is effective from the first day of April following enactment and applies to the corresponding assessment year and subsequent years.
News Bills
Show AI Summary
Interest computation on updated returns clarified: interest calculated on assessed tax reduced by claimed advance tax credit, retrospective.
The amendment specifies that interest under the general interest provision shall be computed on the assessed tax reduced by the amount of advance tax credit claimed in the earlier return, if any; this clarification applies to interest computation for updated returns and is made retrospective to the commencement of the updated return regime.
News Bills
Show AI Summary
Specified person exclusion: amendment exempts those not required to file returns from higher TDS/TCS consequences, effective April.
The definition of specified person for higher TDS/TCS is amended to exclude any person who is not required to furnish a return for the relevant assessment year and who is notified by the Central Government in the Official Gazette, thereby relieving persons not required to file from the special higher withholding regime.
News Bills
Show AI Summary
TDS credit facilitation lets taxpayers apply to amend prior assessments to claim later-deducted TDS as credit.
A provision enables an assessee who reported income in an earlier return to apply to the Assessing Officer within two years from the end of the financial year in which TDS was later deducted, for amendment of the earlier assessment or intimation to allow credit of that TDS in the relevant assessment year; rectification rules apply so far as practicable with the limitation period reckoned from the end of the financial year when TDS was deducted, and the same TDS cannot be credited in any other year.
News Bills
Show AI Summary
TDS on accumulated provident fund payments: non PAN payees taxed at the standard non PAN rate under section 206AA, not maximum.
The amendment omits the second proviso to Section 192A so that where a payee fails to furnish PAN in respect of an accumulated balance payment under the Employees' Provident Fund Scheme, tax will be deducted at the non PAN rate prescribed under section 206AA rather than at the maximum marginal rate; the exemption for payments below the monetary threshold remains unaffected and the change is effective from 1 April 2023.
News Bills
Show AI Summary
Tax treaty relief: lower TDS on specified non-resident fund income where residency certificate is furnished under treaty.
Amendment provides that TDS on payments to eligible non-residents for specified mutual fund units or specified company distributions shall be at the lower of the statutory rate and the rate under the applicable tax treaty, where the payee furnishes the required tax residency certificate; the change is effective from 1 April 2023.
News Bills
Show AI Summary
Interest deduction limitation: proposed carve-out to exclude specified NBFCs from restrictions on interest deductibility under the Act.
The Finance Bill proposes to amend the exclusion from the interest deductibility restriction so that nothing in sub section (1) shall apply to: (i) companies engaged in banking or insurance; or (ii) such class of non banking financial companies as may be notified by the Central Government, with "non banking financial company" adopting the Act's established definition and the amendment effective from 1 April 2024.
News Bills
Show AI Summary
TDS compliance: failing to ensure tax on in kind benefits, VDAs and online winnings invites penalty and prosecution.
Amendments add references to the first provisos of Section 194R and Section 194S and to subsection (2) of proposed Section 194BA into Section 271C (penalty) and Section 276B (prosecution), thereby making failure to deduct or to ensure payment of tax where benefits, virtual digital assets or online-game winnings are wholly or partly in kind subject to penalty equal to the tax not deducted or paid and to prosecution; drafting changes align language with parent TDS provisions and the amendments have staged commencements.
News Bills
Show AI Summary
Penalty for false self-certification: reporting institutions face an additional levy and may recover amounts from account holders.
A new sub section makes a prescribed reporting financial institution liable to an additional fixed monetary penalty when an inaccuracy in its statement of specified financial transactions or reportable accounts is due to false or inaccurate information submitted by the account holder; the penalty is imposed by the income tax authority prescribed for the reporting provision, and the reporting institution may recover the amount from or retain funds of the reportable account holder.
News Bills
Show AI Summary
Reassessment limitation period: exclusion and deeming extend notice timelines for searches conducted late in the year.
Amendments streamline reassessment by prescribing a three month deadline to furnish a return to a section 148 notice (subject to AO extension) and state that returns filed beyond that period will not be deemed returns under section 139. Section 149's limitation rules are preserved, with provisos excluding a fifteen day period from limitation computations and deeming notices arising from late year searches or requisitions to have been issued on the last day of the financial year. Section 151's specified authority list is clarified and the excluded/extended period must be counted when computing the three year threshold.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Showing Results for : Reset Filters

Principles of Natural Justice and Administrative Action: Balancing Municipal Powers and Citizen Rights

21 January, 2024

Contents
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2008 (10) TMI 732 - Supreme Court

Introduction

This article offers an in-depth analysis of a significant judgment by the Supreme Court of India concerning the interplay between municipal corporation powers and citizen rights. The case under review, represented here without specific party names to maintain an unbiased and academic approach, delves into the intricacies of municipal administrative authority and its limitations, particularly in the context of property rights and governmental overreach.

Background and Legal Context

The case arises from a dispute involving a municipal corporation's decision to demolish certain structures deemed illegal. Central to this dispute is the interpretation of municipal powers under the relevant municipal corporation act and constitutional provisions relating to property rights and due process. This case sets a precedent in balancing the administrative autonomy of municipal bodies against the protection of citizen rights, a recurring theme in urban administrative law.

Analysis of the Judgment

  1. Municipal Authority and Legal Framework: The judgment critically examines the extent of powers vested in municipal corporations, particularly focusing on their role in urban planning and enforcement of building regulations. It underscores the necessity for these bodies to operate within the bounds of law, highlighting the importance of adherence to principles of natural justice.

  2. Property Rights and Due Process: The court's analysis places significant emphasis on property rights as enshrined in the Constitution. It scrutinizes the actions of the municipal corporation against the backdrop of constitutional guarantees, ensuring that any deprivation of property complies with legal procedures and safeguards.

  3. Principles of Natural Justice and Administrative Action: A pivotal aspect of this judgment is the application of natural justice principles. The court examines whether the municipal corporation provided adequate notice and opportunity for hearing to the affected parties before executing its powers. This aspect underscores the essentiality of fairness in administrative processes.

  4. Precedential Value and Future Implications: The judgment serves as a crucial precedent for future cases involving municipal governance and citizen rights. It provides a framework for assessing the legality of administrative actions, especially those affecting property rights, and reinforces the need for transparency and fairness in municipal administration.

  5. Comparative Analysis with Other Jurisdictions: The judgment is placed in a comparative context, examining similar legal principles and cases from other jurisdictions. This comparison provides a broader understanding of how different legal systems balance governmental powers and citizen rights.

Conclusion

This Supreme Court judgment represents a significant milestone in Indian jurisprudence, particularly in the realm of municipal law and administrative justice. It reinforces the paramountcy of constitutional principles in governing municipal actions and serves as a guiding beacon for future legal interpretations in this domain.


Full Text:

2008 (10) TMI 732 - Supreme Court

Topics

Acts Income Tax