The Central Board of Direct Taxes (CBDT) has commenced a thorough examination and validation of specific high-value outward foreign remittances to identify any inconsistencies in their reporting in ITR and potential tax avoidance. Experts say that if you are among the identified taxpayers who have been found to have evaded taxes, then you may get a notice under section 133, and/or 131 (1A) and/or, 142(1) and/or, 143 (2), and/or 148, etc. According to a report by The Economic Times, this comprehensive scrutiny and verification of high-value outward foreign remittances is for transactions above Rs 6 lakh. The reason behind this move is that CBDT has noticed many cases where foreign remittances and expenditures did not align with the income declared by individuals. Highlighting the scale of the discrepancy in reporting, an official quoted in The Economic Times news report said an individual with a declared annual income of Rs 5 lakh has been found to have sent Rs 15 lakh abroad in the last three years using three different dealers so that these transactions do not attract the mandatory Tax Collected at Source (TCS).
Read More →In a significant ruling, the Income-Tax Appellate Tribunal's (ITAT) Mumbai bench has held that a gift of Rs 20 lakh received by a taxpayer from his non-resident brother, based in the UAE, is not subject to tax. This judgement underscores that Indian tax laws exempt certain gifts from being taxed, particularly those received from close relatives. Under the Income-Tax Act, gifts exceeding Rs 50,000 are generally taxed as 'income from other sources' at the applicable slab rate, in the hands of the recipient.
Read More →The budget has significantly improved diversification of investment options, simplifying holding periods and taxation, and simplifying understanding across asset classes for investors. Budget 2024 makes a key modification to overseas investments by giving TCS credit (paid at the time of LRS) for TDS deducted from wages. This reduces the tax burden by shortening return delays and preventing excess cash outflow. Girish Lathkar, Partner and CoFounder, Upwisery Private Wealth explains how Budget 2024 impacted TCS deduction while making overseas remittances with an example. After budget 2023, LRS regulations required TCS (tax collected at source) at the rate of 20% for any remittances done above Rs. 7 lakhs in a financial year. The overall LRS limit per individual stands at USD 250,000 (Rs. 2.07 crores approximately).
Read More →In a big relief to real estate industry, Finance Minister Nirmala Sitharaman will move an amendment in the Finance Bill to let taxpayers select either 12.5 per cent LTCG rate without indexation or 20 per cent rate with indexation for property acquired before July 23, 2024. As per the amendments to Finance Bill, 2024, circulated to the Lok Sabha members on Tuesday, individuals or HuF who bought houses before July 23, 2024, can compute his/her taxes under the new scheme [@12.5 per cent without indexation] and old scheme [@20 per cent with indexation] and pay such tax which is lower of the two. The development of Prime Minister Narendra Modi-led government comes after facing backlash from the real estate sector. The stakeholders cautioned the Centre on indexation proposal introduced in Budget 2024 will hurt the growth of the sector.
Read More →Last week in Parliament, the finance minister Nirmala Sitharaman stated that the average time taken to process income tax returns (ITR) has decreased from 93 days in 2013 to 10 days. While this is a commendable achievement for the government, does this mean you can expect faster tax refunds in the future? Read on to find out. Not all ITRs are going to be processed in 10 days The FM mentioned that the 'average' processing time has been reduced to 10 days now. This does not mean that all types of ITRs will get processed in 10 days. The higher the complications of an ITR form, the higher the time it takes to process it. ITR-3 is more complex than ITR-2, and ITR-2 is more complex than ITR-1. "Normally refund claims of ITR-1 gets prioritised followed by ITR-2 and ITR-3 in view of the simple and complex structure of the income returned. Refund claims in ITR-1 without any defect/adjustments generally are received by the taxpayers within a few days from the date of filing returns. However, if returns are filed very close to the last date of filing of ITR there could be delay in processing of returns. Refund claims in ITR-2 and ITR-3 without any defect/adjustments can be expected to be received in a couple of months normally," says Ramakrishnan Srinivasan, former chief commissioner of Income tax.
Read More →Instant mixes, including idli, dosa and khaman flour, cannot be classified as chhatua or sattu and 18% GST should be levied on them, the Gujarat Appellate Authority for Advance Ruling (Gaaar) has ruled. Gujarat-based Kitchen Express Overseas Ltd had approached the AAAR against the ruling by the GST advance authority, saying that its seven 'instant flour mixes' are not 'ready to eat' but are required to undergo certain cooking procedures and can be termed 'ready to cook'. The company sells flour mixes of gota, khaman, dalwada, dahi-wada, dhokla, idli and dosa in powder form and pleaded that it is akin to Sattu and should attract Goods and Services Tax (GST) of 5 per cent. The GAAAR rejected the appellant's contention, saying that ingredients which go into the making of 'instant flour mixes" are not covered under the relevant GST rules as is the case with Sattu. According to a CBIC circular, small amounts of ingredients, which are mixed to make Sattu, are specified in the GST rules to be eligible for a 5% tax rate. "However, the said clarification is not applicable in the present case as the products being supplied by the appellant contain spices and other ingredients, which is not the case with the 'chhatua or sattu'," the Gaaar said.
Read More →Please refer to the notification Notification No. 04/2024 – Central Tax dated 05-01-2024 to seek information from taxpayers dealing in the goods mentioned therein. Two forms have been notified vide this notification namely GST SRM-I and GST SRM-II. The former pertains to the registration and disposal of machines while the latter asks for information on inputs and outputs during a month. Form GST SRM-I meant for registration of machines has already been made available on the portal w.e.f. 15-05-2024. Concerned taxpayers are using the same for the registration of machines and other information asked therein. Now, the second form namely, Form GST SRM-II is also available on the portal. Taxpayers dealing in the manufacture of Pan Masala and Tobacco products can now report the details of inputs and outputs procured and consumed for the relevant month.
Read More →Infant food products containing ingredients other than milk may be subject to an 18 per cent goods and services tax (GST), contrasting with the 5 per cent applicable to milk products, if a judgment by the Rajasthan Authority for Advance Ruling (AAR) sets a precedent. The AAR issued the ruling in response to an application submitted by Jaipur-based Bebymil seeking clarification on the GST rate for its products — milk food for infants and milk for infants — marketed under the trade name Momylac. The authority noted that the primary product manufactured by the company is infant milk formula, which includes cereals and protein supplements, serving as a substitute for mother’s milk. GST rates for goods are determined based on their Harmonized System of Nomenclature (HSN) codes. In this instance, the authority observed that the products are classified under HSN 1901, encompassing products where milk is one of the ingredients, rather than HSN 0402, which specifically relates to milk products, explained Sandeep Sehgal, partner at tax and consulting firm AKM Global.
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