IndiaTaxLaws Updates
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IndiaTaxLaws provides updates, notifications, circular, case laws, articles and news on taxation and corporate laws.
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*IndiaTaxLaws Updates*

1. Minister of State (Finance) in a parliamentary question on capital gains tax structure, responds that “there is no proposal under consideration for Capital Gain tax rates and holding periods for investments.

2. As many as 68,000 cases have been picked up for e-verification by the income tax department for unreporting or under-reporting of income in tax returns for 2019-20 fiscal, CBDT chief said.

3. Bombay High Court quashes reassessment proceedings on account of mere change in opinion against Jetair. Jetair Pvt Ltd vs. Deputy Commissioner of Income Tax & Ors. (WP No. 3446 of 2022, 1901 of 2022 and 1996 of 2002).

4. Digital or e-rupee worth over Rs 130 crore is in circulation on a pilot basis as of February 28, the finance minister said on Monday. The Reserve Bank of India had launched pilots in digital rupee in the wholesale segment (e-W) on November 1, 2022.

5. The Supreme Court has held that producing invoices or payments through cheques are NOT Sufficient to claim ITC sufficient to claim ITC . Over and and above the invoices and the particulars of payment, the purchasing dealer has to produce further material like the name and address of the selling dealer, details of the vehicle which has delivered the goods, payment of freight charges, acknowledgement of taking delivery of goods including actual physical movement of the goods, alleged to have been purchased from the concerned dealers.

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*IndiaTaxLaws Updates*

1. The government has made it mandatory to link Aadhaar to Permanent Account Number (PAN) on or before March 31. Failing to do so may lead to PAN being inoperative or attract a penalty. If you do not link your Aadhaarwith your PAN by 31st March 2023.

2. This will have a number of implications such as:
(i) You shall not be able to file a return using the inoperative PAN
(ii) Pending returns will not be processed
(iii) Pending refunds cannot be issued to inoperative PANs
(iv) Pending proceedings as in the case of defective returns cannot be completed once the PAN is inoperative
(v) Tax will be required to be deducted at a higher rate as PAN becomes inoperative.

3. In addition to the above, you might face difficulty at various other fora like banks and other financial portals, as PAN is one of the important KYC criteria for all kinds of financial transactions.—-CCATAX.

4. ITR can not be treated as invalid until assessee’s request for condonation of delay in furnishing ITR-V is pending. [Anagha Vijay Deshmukh v. DCIT (2023) 147 taxmann.com 477 (ITAT Pune)].

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*IndiaTaxLaws updates*

1. Delhi South CGST unearths fake invoicing racket involving tax evasion of Rs. 17 crore, 2 held

2. Strike off of Companies & other ‘Corporate Exits’ to become centralised from 1-4-2023. MCA established the Centre for Processing Accelerated Corporate Exit (C-PACE). C-Pace facilitates and speeds up the voluntary winding-up of companies from the currently required two years to less than six months.

​3. ​Assessee being in tea plantation business, post disallowance of EPF, 40% will be taxable as per rule 8(1) Case Name: Hanuman Plantations Limited Vs ITO (ITAT Kolkata)

​4. ​No ITC to purchasing dealers in absence of proof of genuine transactions & physical movement of goods. The Hon’ble Supreme Court in the State of Karnataka v. M/s. Ecom Gill Coffee Trading Pvt. Ltd. [Civil Appeal No. 230 of 2023 dated March 13, 2023].

​5. ​Minimum Alternate Tax (MAT) applicable only to companies registered under Companies Act; not applicable to deemed Company under Income-tax Act. – [DCIT v. Rajasthan Financial Corporation [2023] 147 taxmann.com 525 (ITAT Jaipur)]

​6. ​Central Goods & Services Tax Act, 2017 does not restrict GST registration of Management consultants, Architects and other professionals operating from residential premises, due to covid-19 pandemic or otherwise.

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*IndiaTaxLaws updates*

1. The Income Tax Department has launched a mobile app AIS for Taxpayers Install & view TDS etc https://play.google.com/store/apps/details?id=io.lntinfotech.AIStaxpayer

2. CIT(E) does not have authority to condone any delay in submitting an application for approval under section 10(23C)(vi). – [Manav Rachna Education Society v. CIT (Exemptions) [2023] 148 taxmann.com 24 (ITAT Raipur)]

3. Income tax department raised tax demands amounting to Rs 13,566 crore during the last four financial years under the black money law to deal with undisclosed foreign income and assets.

4. The Supreme Court of India, in the case of Ecom Gill Coffee Trading Private Limited, held that a dealer claiming Input Tax Credit (‘ITC’) ought to prove and establish actual physical movement of goods and genuineness of the transaction. To establish the same, the Court observed that the dealer should furnish the name and address of the selling dealer, details of the vehicle which has delivered the goods, payment of freight charges, acknowledgement of taking delivery of goods, tax invoices and payment particulars etc.

5. Reserve Bank of India (RBI) has directed all banks to keep their branches open till March 31 for annual closing.

6. According to The Ministry of Company Affairs (MCA) notification dated March 24, 2021 (Companies (Accounts) Amendment Rules, 2021), every company that uses accounting software to maintain its books of account shall use only Accounting Software that has a feature of recording an - Audit Trail of each and every transaction, Creating an edit log of each change made in books of account along with the date when such changes were made. Ensuring that the audit trail cannot be disabled.

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*Team IndiaTaxLaws*
*IndiaTaxLaws updates*

1. The Income Tax Department has launched the 'AIS for Taxpayers' mobile app. Now taxpayers can view their Annual Information Statement (AIS) and Tax Information Summary (TIS) easily. Simply register with your PAN number, authenticate via OTP sent on your mobile/email, and set a 4-digit PIN.

2. CBDT, vide Notification No. 14/2023 dated 21.03.2023 under Section 120, authorises the Principal Chief Commissioners of Income-tax (PCCIT) to issue orders for the exercise of powers and performance of functions by Commissioner of Income-tax (Appeals) [CIT(A)]; The Notification is effective from 01.04.2023.

3. Mumbai ITAT has settled in a recent order the contentious issue relating to determining the cost of acquisition and the indexed cost in case of inherited assets. It held that the indexed cost of acquisition has to be computed with respect to the year in which the initial owner first held the asset.

4. Last date to file Updated ITR for AY 2020-21 is 31.03.23. Don't miss this last chance! Updated ITRs for AY 2021-22 & 2022-23 can also be filed by 31.03.23 to avoid paying higher tax later. Pl refer to S. 139(8A) of IT Act, 1961.

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*IndiaTaxLaws Updates*

1. Calcutta High Court quashed an assessment order holding as classic example as to how assessment should not be made and observed that Standard Operating Procedure (SOP) should be followed in faceless assessment.

2. Delhi High Court sets aside order rejecting Assessee’s application under Section 270AA seeking immunity from penalty proceedings without affording the opportunity of being heard as mandated in Section 270AA(4); – [Rohit Kapur v. DCIT [TS-132-HC-2023(DEL)]

3. The Assessing Officer initiated reassessment proceedings just to verify the deposits and withdrawals from the bank account of the assessee. LAlchand Mehrumal Jagwani Vs. ITO, 11/12/2022, ITA.No.1240/Pune/ 2019 (ITAT Pune) (Favour of Assessee).

4. Government has plugged a loophole in the taxation of pan masala and assorted tobacco products, including cigarettes, by clearly defining the value - maximum retail price (MRP) - on which the GST compensation cess would apply on these demerit items.

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1. CBDT notifies procedure for filing of application in Form 15C/15D for grant of nil TDS certificate u/s 195. Notification no. 1/2023, dated 29-03-2023. Section 195(3) of the Income-tax Act provides for the grant of a certificate to a person entitled to receive interest or other sums without deduction of tax at source.

2. Direct tax payments facilities have been migrated from OLTAS 'e-payment: Pay Taxes Online' to e-Pay Tax facility of E-Filing portal for ALL BANKS. Now All Direct Tax Payments will be done through E-Filing portal only.

3. Bombay High court has held that All Appellable Orders would not be implemented till Tribunal becomes Functional & has advised CBIC to issue directions accordingly - Rochem India P Ltd vs UOI - 148.

4. GST AMNESTY SCHEME ANNOUNCED: Maximum Late fee for Annual Return for FY 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22 is Rs. 20,000 total (CGST + SGST) if it will be filed between 01/04/23 to 30/06/23.

5. CBIC extends time limit under section 73(10) of CGST Act, 2017 for issuance of order under section 73(9), for recovery of tax not paid or short paid or of input tax credit wrongly availed or utilised for financial 2017-18,2018-19 and 2019-20 as follows: vide Notification No. 09/2023–Central Tax Dated: 31st March, 2023 -

(i) for the financial year 2017-18, up to the 31st day of December, 2023 (From existing 30th September 2023)

(ii) for the financial year 2018-19, up to the 31st day of March, 2024 (From existing 31st December 2023)

(iii) for the financial year 2019-20, up to the 30th day of June, 2024 (From existing 31st March 2024)

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*IndiaTaxLaws*
*IndiaTaxLaws Updates*

1. CBDT Circular No.04/2023 :
Each year the employer shall seek information from each of its employees regarding their intended Tax Regime (Old or New u/s 115 BAC) and deduct tax accordingly
If intimation is not made by an employee then the default tax regime is the new regime u/s 115BAC. 3:This intimation would not amount to the exercising option, it means a person can select any regime at the time of filing ITR u/s 139(1).
2. Delhi ITAT; wherein it is held that the words 'business' and 'profession' are different and non-compete fee received prior to AY 2017-18 in relation to non-compete in a profession is not taxable under section 28(va), as the said section only covered non-compete in relation to business. following decision of SC in Vodafone.

3. Supreme Court quashes Gujarat High Court judgment and holds the amendment made to Section 153C with effect from Jun 1, 2015 to be applicable to search operations conducted prior to June 1, 2015; Observes that Section 153C was amended to remedy the mischief as Delhi High Court ruling in Pepsico India Holdings (P) Ltd. v. ACIT, – [ITO v. Vikram Sujitkumar Bhatia & Others [TS-165-SC-2023] – Date of Judgement : 06.04.2023.

4. Bombay High Court has held that capital gains on investments made before April 1, 2017 are eligible for tax waiver under the India-Mauritius double taxation avoidance agreement (DTAA), if a valid tax residency certificate (TRC) was produced.

5. RBI has decided to keep the repo unchanged at 6.5% in its bi-monthly monetary policy meeting held on April 06, 2023. Despite RBI holding the repo rate the overall hike within the last 11 months stands at 2.5%.

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*E-invoice Reporting update*

1. Government has decided to impose a time limit on reporting old invoices on the e-invoice IRP portals for taxpayers with AATO greater than or equal to 100 crores.

2. To ensure timely compliance, taxpayers in this category will not be allowed to report invoices older than 7 days on the date of reporting.

3. Please note that this restriction will only apply to the document type invoice, and there will be no time restriction on reporting debit/credit notes.

4. For example, if an invoice has a date of April 1, 2023, it cannot be reported after April 8, 2023. The validation system built into the invoice registration portal will disallow the user from reporting the invoice after the 7-day window. Hence, it is essential for taxpayers to ensure that they report the invoice within the 7-day window provided by the new time limit.

5. It is further to clarify that there will be no such reporting restriction on taxpayers with AATO less than 100 crores, as of now.

6. In order to provide sufficient time for taxpayers to comply with this requirement, which may require changes to your systems, we propose to implement it from 01.05.2023 onwards.

7. The Finance Ministry has exempted the CBSE from paying income tax on earnings from examination fees, sale of text books and publications, besides others. The I-T exemption has been given retrospectively from the financial year 2020-2021 and will continue in the current fiscal and the next financial year (2024-25).

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*IndiaTaxLaws Updates*

1. CBDT has released key statistics relating to Direct Tax collections and administration and Time-Series data as updated upto F.Y. 2021-22. Net Direct Tax Collections have increased by 121.18% from Rs. 6,38,596 crore in F.Y. 2013-14 to Rs. 14,12,422 crore in F.Y. 2021-22.

2. Net Direct Tax Collections have increased by 160.17% from Rs. 6,38,596 crore in F.Y. 2013-14 to Rs. 16,61,428 crore (provisional) in F.Y. 2022-23.

3. Gross Direct Tax Collections have increased by over 126.73% in F.Y. 2021-22, reaching a figure of Rs. 16,36,081 crore from Gross Direct Tax Collections of Rs. 7,21,604 crore in F.Y. 2013-14.

4. Gross Direct Tax Collections have increased by over 172.83% in F.Y. 2022-23, reaching a figure of Rs. 19,68,780 crore (provisional) from Gross Direct Tax Collections of Rs. 7,21,604 crore in F.Y. 2013-14.

5. Direct Tax Buoyancy at 2.52 in F.Y. 2021-22 is the highest Direct Tax Buoyancy recorded over the last 15 years. Direct Tax to GDP ratio has increased from 5.62% in F.Y. 2013-14 to 5.97% in F.Y. 2021-22.

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*IndiaTaxLaws Updates*

1. Supreme Court, in the case of M/s. US Technologies International Pvt. Ltd.(Civil Appeal No. 7934 of 2011) has ruled on whether penalty under section 271C of the Income-tax Act, can be levied in case of belated remittance of TDS. The Supreme Court held that no penalty under section 271C can be levied merely for delayed payment of TDS.

2. The assessee obtained an unsecured loan from four companies and failed to produce directors during Assessment. Amit Tyagi Vs. DCIT, ITA No.757/Del/2017, 05.04.2023 (ITAT Delhi) (Favour of Assessee)

3. CBIC is likely to soon introduce a system of publishing daily currency exchange rates on the integrated customs portal, replacing the existing system of notifying rates fortnightly. The move would help capture daily exchange rate fluctuations and help importers and exporters to precisely calculate customs duties based on daily exchange rate.

4. MSMEs finding it difficult to access loans to purchase electric vehicles (EVs) for their day-to-day operations and commercial use will now be able to access credit directly from SIDBI, the principal financial institution for MSMEs in India.

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*Team IndiaTaxLaws*