This book is a practical guide for Tax Professionals to assist them in their day-to-day tax works. The present publication is the 6th Edition which incorporates all the changes made by the Finance Act, 2020 & other Amendment Acts.
Key features of this book are as follows:
• Law relating to Tax Procedure has been explained lucidly and
in a practical manner with check-lists, necessary tips, etc.
• All-important Courts Decisions have been covered
• Every aspect of the tax practice has been explained
elaborately
• 330+ case-studies are given to deal with practical tax
problems faced by the tax professionals
• Complete guide to draft deeds and documents such as:
○ Affidavits
○ Wills
○ Special Business Agreements
○ Family Arrangements
○ Power of Attorney
○ Lease
○ Indemnity
○ Guarantee
○ Charitable Trust Deeds
This PDF document details all the taxes housing societies in India has to pay along with their rates, dates of submissions and filing returns. It also discusses the common problems faced by apartments to calculate their taxes and how to overcome it.
Tax Practice Manual is an exhaustive (2,100+ pages), amended (by the Finance Act, 2021) & practical guide (330+ case studies) for Tax Professionals.
This book will be helpful for the Chartered Accountants, Lawyers/Advocates, Tax Practitioners to assist them in their day-to-day tax works.
This book is divided into two parts:
• Law Relating to Tax Procedures (covering 25+ topics)
• Case Studies (covering 35+ topics)
The Present Publication is the 7th Edition, authored by Gabhawala & Gabhawala, as amended by the Finance Act 2021, with the following noteworthy features:
• Law Relating to Tax Procedures
◦ [Lucid Explanation, in a Practical Manner, with Checklists & necessary Tips] for the law relating to Tax Procedure
◦ [Exhaustive Coverage of Case Laws]
◦ [Fine Prints & Unwritten Lines] are explained in a lucid manner
• Tax Practice
◦ [Elaborated & Threadbare Analysis] of every aspect of Tax Practice
• Case Studies
◦ [330+ Case Studies] to deal with real-life animated situations/problems faced by tax practitioners
• Draft Replies
◦ For the Notices sent by the Department
◦ Petitions to the Department
• Drafting & Conveyancing
◦ [Complete Guide to Drafting of Deeds & Documents] covering
◦ Affidavits
◦ Wills
◦ Special Business Arrangements
◦ Family Arrangements
◦ Power of Attorney
◦ Lease, Rent & Leave and Licenses
◦ Indemnity and Guarantee
◦ Charitable Trust Deeds, etc.
The contents of this book are as follows:
• Law Relating to Tax Procedures
◦ Tax Practice
◦ Pre-assessment Procedures
◦ Assessment
◦ Appeals
◦ Interest, Fees, Penalty and Prosecution
◦ Refunds
◦ Settlement Commission – ITSC, Interim Board for Settlement
◦ Summons, Survey, Search
◦ TDS and TCS
◦ Recovery of Tax
◦ Special Procedures
◦ Approvals
◦ STT, DDT, Tax on Liquidation, Reduction and Buy Back, MAT, AMT and WT
RTI, Ombudsman
◦ Drafting of Deeds
◦ Agreement, MoU
◦ Gifts, Wills, Family Arrangements
◦ Power of Attorney, etc.
◦ Lease, Rent, License, etc.
◦ Sale/Transfer of Properties
◦ Tax Audit
◦ Income Computation & Disclosure Standards
◦ Real Estate (Regulation and Development) Act, 2016 (RERA)
◦ E-Proceedings under the Income Tax Act, 1961
◦ Prohibition of Benami Property Transactions Act, 1988
• Case Studies
◦ Tax Practice
◦ Pre-Assessment Procedures
◦ Assessment – Principles and Issues
◦ Rectification of Mistake
◦ Revision
◦ Appeals to CIT (Appeals)
◦ Appeals to – ITAT – High Court – Supreme Court
◦ Interest Payable by Assessee
◦ Penalties
◦ Prosecution
◦ Refunds
◦ Settlement of Cases
◦ Survey
◦ Search & Seizure
◦ Tax Deduction at Source
◦ Recovery of Tax
◦ Trust, Mutuality, Charity
◦ Firm
◦ LLP – Limited Liability Partnership
◦ Right to Information – RTI
◦ Agreement, MoU
◦ AOP – Association of Persons
◦ HUF – Hindu Undivided Family
◦ Gifts
◦ Wills
◦ Family Arrangements
◦ Power of Attorney
◦ Indemnity and Guarantee
◦ Lease, Rent, Leave and License
◦ Sale/Transfer of Properties
◦ Tax Audit
The purpose of this update is to summarise developments that occurred during the third quarter of 2015, specifically in relation to Income Tax and VAT. Johan Kotze, who is a Tax Executive at Shepstone & Wylie Attorneys, has compiled this summary.
The aim of this summary is for clients, colleagues and friends alike to be exposed to the latest developments and to consider areas that may be applicable to their circumstances. The reader is invited to contact Johan Kotze to discuss their specific concerns and, for that matter, any other tax concerns.
This PDF document details all the taxes housing societies in India has to pay along with their rates, dates of submissions and filing returns. It also discusses the common problems faced by apartments to calculate their taxes and how to overcome it.
Tax Practice Manual is an exhaustive (2,100+ pages), amended (by the Finance Act, 2021) & practical guide (330+ case studies) for Tax Professionals.
This book will be helpful for the Chartered Accountants, Lawyers/Advocates, Tax Practitioners to assist them in their day-to-day tax works.
This book is divided into two parts:
• Law Relating to Tax Procedures (covering 25+ topics)
• Case Studies (covering 35+ topics)
The Present Publication is the 7th Edition, authored by Gabhawala & Gabhawala, as amended by the Finance Act 2021, with the following noteworthy features:
• Law Relating to Tax Procedures
◦ [Lucid Explanation, in a Practical Manner, with Checklists & necessary Tips] for the law relating to Tax Procedure
◦ [Exhaustive Coverage of Case Laws]
◦ [Fine Prints & Unwritten Lines] are explained in a lucid manner
• Tax Practice
◦ [Elaborated & Threadbare Analysis] of every aspect of Tax Practice
• Case Studies
◦ [330+ Case Studies] to deal with real-life animated situations/problems faced by tax practitioners
• Draft Replies
◦ For the Notices sent by the Department
◦ Petitions to the Department
• Drafting & Conveyancing
◦ [Complete Guide to Drafting of Deeds & Documents] covering
◦ Affidavits
◦ Wills
◦ Special Business Arrangements
◦ Family Arrangements
◦ Power of Attorney
◦ Lease, Rent & Leave and Licenses
◦ Indemnity and Guarantee
◦ Charitable Trust Deeds, etc.
The contents of this book are as follows:
• Law Relating to Tax Procedures
◦ Tax Practice
◦ Pre-assessment Procedures
◦ Assessment
◦ Appeals
◦ Interest, Fees, Penalty and Prosecution
◦ Refunds
◦ Settlement Commission – ITSC, Interim Board for Settlement
◦ Summons, Survey, Search
◦ TDS and TCS
◦ Recovery of Tax
◦ Special Procedures
◦ Approvals
◦ STT, DDT, Tax on Liquidation, Reduction and Buy Back, MAT, AMT and WT
RTI, Ombudsman
◦ Drafting of Deeds
◦ Agreement, MoU
◦ Gifts, Wills, Family Arrangements
◦ Power of Attorney, etc.
◦ Lease, Rent, License, etc.
◦ Sale/Transfer of Properties
◦ Tax Audit
◦ Income Computation & Disclosure Standards
◦ Real Estate (Regulation and Development) Act, 2016 (RERA)
◦ E-Proceedings under the Income Tax Act, 1961
◦ Prohibition of Benami Property Transactions Act, 1988
• Case Studies
◦ Tax Practice
◦ Pre-Assessment Procedures
◦ Assessment – Principles and Issues
◦ Rectification of Mistake
◦ Revision
◦ Appeals to CIT (Appeals)
◦ Appeals to – ITAT – High Court – Supreme Court
◦ Interest Payable by Assessee
◦ Penalties
◦ Prosecution
◦ Refunds
◦ Settlement of Cases
◦ Survey
◦ Search & Seizure
◦ Tax Deduction at Source
◦ Recovery of Tax
◦ Trust, Mutuality, Charity
◦ Firm
◦ LLP – Limited Liability Partnership
◦ Right to Information – RTI
◦ Agreement, MoU
◦ AOP – Association of Persons
◦ HUF – Hindu Undivided Family
◦ Gifts
◦ Wills
◦ Family Arrangements
◦ Power of Attorney
◦ Indemnity and Guarantee
◦ Lease, Rent, Leave and License
◦ Sale/Transfer of Properties
◦ Tax Audit
The purpose of this update is to summarise developments that occurred during the third quarter of 2015, specifically in relation to Income Tax and VAT. Johan Kotze, who is a Tax Executive at Shepstone & Wylie Attorneys, has compiled this summary.
The aim of this summary is for clients, colleagues and friends alike to be exposed to the latest developments and to consider areas that may be applicable to their circumstances. The reader is invited to contact Johan Kotze to discuss their specific concerns and, for that matter, any other tax concerns.
Corporate compliance calendar _ January 2020Lalit Rajput
Corporate compliance calendar for the month of January 2020
ABOUT ARTICLE :
This article contains various Compliance requirements under Statutory Laws. Compliance means “adhering to rules and regulations.”
Compliance Requirement Under
1. Income Tax Act, 1961
2. Goods & Services Tax Act, 2017 (GST)
3. Other Statutory Laws
4 Foreign Exchange Management Act, 1999 (FEMA)
5. SEBI (Listing Obligations And Disclosure Requirements) (LODR) Regulations, 2015
6. SEBI Takeover Regulations 2011
7. SEBI (Prohibition of Insider Trading) Regulations, 2015
8. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
9. SEBI (Buyback of Securities) Regulations, 2018
10. Companies Act, 2013 (MCA/ROC and LLP Compliance)
11. Investor Education and Protection Fund
12. ICSI Updates on e-CSIN
This book provides clause-by-clause analysis of the Finance Bill, 2021. All complex provisions have been explained with illustrations which helps the readers to comprehend the new provisions, in a simplified manner. This book covers analysis on the following:
Direct Taxes
Indirect Taxes (Including GST & Customs)
Corporate Laws
The Present Publication is the Latest Edition, authored by Taxmann’s Editorial Team, with the following coverage:
Tax Rates
Profits and Gains from Business or Profession
Capital Gains
Other Sources
Charitable Trusts
Deductions
TDS and Advance Tax
Return of Income
Assessments
Appeals and Dispute Resolution
Miscellaneous
Amendments Proposed under the GST Laws
Amendments Proposed under the Customs laws
Additional Infrastructure and Development Cess
Amendment under the Central Sales Tax Act
Amendments under the Customs Tariff Act
Amendments Proposed under the Corporate Laws
The detailed coverage of the book is as follows:
Tax Rates
Profits and Gains from Business or Profession
Capital Gains
Other Sources
The guide provides an overview of the business environment in Thailand, with information about company establishment, taxation, intellectual property rights, and legal issues.
Corporate compliance calendar _ January 2020Lalit Rajput
Corporate compliance calendar for the month of January 2020
ABOUT ARTICLE :
This article contains various Compliance requirements under Statutory Laws. Compliance means “adhering to rules and regulations.”
Compliance Requirement Under
1. Income Tax Act, 1961
2. Goods & Services Tax Act, 2017 (GST)
3. Other Statutory Laws
4 Foreign Exchange Management Act, 1999 (FEMA)
5. SEBI (Listing Obligations And Disclosure Requirements) (LODR) Regulations, 2015
6. SEBI Takeover Regulations 2011
7. SEBI (Prohibition of Insider Trading) Regulations, 2015
8. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
9. SEBI (Buyback of Securities) Regulations, 2018
10. Companies Act, 2013 (MCA/ROC and LLP Compliance)
11. Investor Education and Protection Fund
12. ICSI Updates on e-CSIN
This book provides clause-by-clause analysis of the Finance Bill, 2021. All complex provisions have been explained with illustrations which helps the readers to comprehend the new provisions, in a simplified manner. This book covers analysis on the following:
Direct Taxes
Indirect Taxes (Including GST & Customs)
Corporate Laws
The Present Publication is the Latest Edition, authored by Taxmann’s Editorial Team, with the following coverage:
Tax Rates
Profits and Gains from Business or Profession
Capital Gains
Other Sources
Charitable Trusts
Deductions
TDS and Advance Tax
Return of Income
Assessments
Appeals and Dispute Resolution
Miscellaneous
Amendments Proposed under the GST Laws
Amendments Proposed under the Customs laws
Additional Infrastructure and Development Cess
Amendment under the Central Sales Tax Act
Amendments under the Customs Tariff Act
Amendments Proposed under the Corporate Laws
The detailed coverage of the book is as follows:
Tax Rates
Profits and Gains from Business or Profession
Capital Gains
Other Sources
The guide provides an overview of the business environment in Thailand, with information about company establishment, taxation, intellectual property rights, and legal issues.
The Present Publication is the 57th Edition & Updated till Income-tax (20th Amendment) Rules, 2020 with the following noteworthy features:
·Taxmann’s series of Bestseller Books for more than Five
Decades
· Incorporates all the changes made till the Income-tax (20th
Amendment) Rules, 2020
· Follows the Six Sigma Approach to Achieve the Benchmark of
‘Zero Error’
· Coverage of this book includes:
o All Rules and Schemes, which are either notified under the Income-tax Act or are referred to in different provisions of the Income-tax Act, are covered
o Contains 23 divisions covering all Rules relevant under the Income-tax Act i.e.,
§ Income-tax Rules
§ ICDS
§ STT Rules
§ Equalisation Levy Rules
§ Small Saving Schemes, etc.
· All Forms Carry Action Points that explains the Relevant
Provisions and Process of Filing
· All Redundant and e-Forms are Marked for Quick
Identifications
Taxmann's Consumer Protection Law & Practice Taxmann
This book is a Comprehensive Guide to New Consumer Protection Law, which is enforced with effect from 20-7-2020/24-7-2020.
What sets this book apart is the compact-comprehensive-commentary supplemented by compilation of the annotated text of the new Consumer Protection Law with Act, Rules, Regulation, Circulars & Notifications, and Draft Rules & Regulations.
The Present Publication is the Latest Edition, updated till 28th July 2020. Coverage of this book includes:
• Guide to Consumer Protection Act, 2019 [Commentary]
○ Background of Consumer Protection Act, 2019
○ What is Consumer Dispute
○ Deficiency in Service
○ Unfair Contracts and Restrictive and Unfair Trade Practices
○ Product Liability
○ Constitution of Consumer Disputes Redressal Commission
○ Constitution & Procedural Aspects of Consumer Disputes
Redressal Commission
○ Mediation
○ Central Consumer Protection Authority
○ Offences and Penalties
○ Consumer Protection Councils
○ Regulation of E-Commerce
○ Direct Selling
○ Other Provisions of the Consumer Protection Act
• Consumer Protection Act, 2019
• Rules & Regulation Framed under the Consumer Protection
Act, 2019
○ Consumer Protection (Central Consumer Protection Council)
Rules, 2020
○ Consumer Protection (Consumer Disputes Redressal
Commissions) Rules, 2020
○ Consumer Protection (General) Rules, 2020
○ Consumer Protection (Mediation) Rules, 2020
○ Consumer Protection (Salary, Allowances and Conditions of
Service of President and Members of the State Commission
and District Commission) Model Rules, 2020
○ Consumer Protection (Qualification for Appointment, Method
of Recruitment, Procedure of Appointment, Term of Office,
Resignation and Removal of the President and Members of
the State Commission and District Commission) Rules, 2020
○ Consumer Protection (E-Commerce) Rules, 2020
○ Consumer Protection (Consumer Commission Procedure)
Regulation, 2020
○ Consumer Protection (Administrative Control over the State
○ Commission and the District Commission) Regulation, 2020
○ Consumer Protection (Mediation) Regulations, 2020
• Circulars and Notifications
• Draft Rules and Regulations Framed under the Consumer
Protection Act, 2019
• Tables:
○ Tables showing sections of the Consumer Protection Act 2019
& corresponding provisions of Consumer Protection Act 1986
and vice-versa
○ Tables showing the date of enforcement of sections of the
Consumer Protection Act, 2019
Taxmann's Direct Taxes Manual (Set of 3 Volumes) - 2021Taxmann
Taxmann’s Direct Taxes Manual is a compilation of annotated, amended and updated:
• Income-tax Act, 1961
• Income-tax Rules, 1962
• Circulars & Notifications
• Allied Laws
• Law Lexicon
• Gist of Landmark Rulings
The Present Publication is the 51st Edition, comes in a set of 3 volumes, that incorporates all changes made by the following:
• Volume 1 – The Finance Act, 2021 & the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020
• Volume 2 – The Income-tax (Eighth Amendment) Rules, 2021
• Volume 3 – Law stated is amended up to 1st March, 2021
Taxmann’s Direct Taxes Manual incorporates the following noteworthy features:
• [Bestseller Series] Taxmann's series of Bestseller Books for more than Five Decades
• [Zero Error] Follows the six-sigma approach, to achieve the benchmark of 'zero error'
Published in three volumes:
○ Volume 1 incorporates the Income-tax Act, 1961 as amended by the Finance Act, 2021 & Taxation & Other Laws (Relaxation & Amendment of Certain Provisions) Act, 2020. It also contains other Allied Acts
○ Volume 2 incorporates the Income-tax Rules as amended by the Income-tax (Eighth Amendment) Rules, 2021. It also incorporates New Return Forms & Revised Rules and Forms along-with New Rules relating to Charitable Trusts. It also contains other Allied Rules
○ Volume 3 incorporates the following:
• [Schemes] All schemes relevant under the Income-tax Act, 1961
• [Words & Phrases] as defined by various Courts and Tribunals
• [Circulars, Clarifications & Notifications | 1961 – February 2021] Gist of all Circulars and Notifications which are in force
• [Case Laws | 1922 – February 2021] Digest of all landmark rulings by the Apex Court, High Courts & Tribunals
• [Models & Drafts] Specimen, models, and drafts of deeds, letters such as indemnity bond, reply to notices, etc.
GST Made Easy provides an Updated, Comprehensive & Simplified Analysis of each provision of the GST Law. The objective behind this book is that the understanding of GST should be as easy as ABC. This book provides answers to all your practical queries on GST.
The Present Publication is the 10th Edition, authored by CA (Dr.) Arpit Haldia & updated till 15th June 2021, with the following noteworthy features:
• [Focus on Analysis of Substantive Provisions of the GST Law] such as supply, time of supply, place of supply, value of supply, input tax credit, etc.
• [Guidance on all Procedural Provisions] relating to registration, composition scheme, returns, liability to pay tax, etc.
• [Coverage of Provisions of the GST Law] such as assessment, demand & recovery, refunds, e-way bill, job work, etc.
The contents of the book are as follows:
• Introduction
• An Overview of GST
• Person Liable to Pay Tax in GST
• Registration in GST
• What is Supply
• Time of Supply of Goods
• Time of Supply of Services
• Value of Supply
• Place of Supply
• Determination of Supply in the Course of Inter-State Trade or Commerce or Intra-State Supplies
• Job Work
• Invoice, Credit and Debit Notes
• Input Tax Credit
• Payment of Taxes
• Brief about Persons requiring Mandatory Registration
• Composition Levy – For Supplier of Goods and for Persons Engaged in Making Supplies Referred to in Clause (b) of Paragraph 6 of Schedule II
• Returns
• Assessment
• Refund
• Accounts and Records
• E-Way Bill
• Advance Ruling
• Composition Scheme for Services or Mixed Suppliers
• Demand and Recovery
• Penalty
• Rule 86B – Payment of 1% of Output Liability in Cash
Taxmann's Guide to SARFAESI Act 2002 & Recovery of Debts and Bankruptcy Act 1993Taxmann
Guide to SARFAESI Act 2002 & Recovery of Debts and Bankruptcy Act 1993 is a comprehensive book on Securitisation & Debt Recovery Laws. It contains 'chapter-wise commentary on provisions of the following laws:
• Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)
• Recovery of Debt and Bankruptcy Act, 1993 (RDB Act)
It also contains the Bare Act, Directions, Rules & Regulations, etc., on Securitisation and Debt Recovery Laws.
The Present Publication is the Latest Edition, authored by Taxmann's Editorial Board, amended up to July 2021, with the following contents:
• Overview of SARFAESI Act
• Enforcement of Security Interest
• Procedure for Sale of Assets
• Application, Appeals, And Penalty under SARFAESI Act
• Securitisation
• Asset Reconstruction Companies
• Registration of Transactions under SARFAESI Act
• Recovery of Debts And Bankruptcy Act, 1993
• Appendices:
o SARFAESI Act, 2002
o Rules, Regulations, and Directions under SARFAESI
o Recovery of Debts and Bankruptcy Act, 1993
o Rules under the Recovery of Debts And Bankruptcy Act, 1993
Taxmann's LLP Manual is a compendium Amended, Updated & Annotated text of the Limited Liability Partnership Act, 2008 (as amended by the Limited Liability Partnership (Amendment) Act, 2021) along with Rules, Circulars, and Notifications.
This book is divided into four divisions:
• Limited Liability Partnership Act, 2008
• Limited Liability Rules
• Circulars & Notifications
• Foreign Direct Investment in Limited Liability Partnership
The Present Publication is the 8th Edition & amended up to 13th August 2021, authored by Taxmann's Editorial Board, with the following noteworthy features:
• [List of Amendments, at a glance] made by the Limited Liability Partnership (Amendment) Act, 2021
• [Short Commentary] on the following:
◦ Limited Liability Partnership (Amendment) Act, 2021
◦ Limited Liability Partnership Act, 2008
• [Integrated LLP Rules, Circulars & Notifications, FDI Policy, FEMA Regulations]
◦ Limited Liability Partnership Rules, 2009 as amended up to date
◦ Limited Liability Partnership (Winding up and Dissolution) Rules, 2012
◦ Text of LLP Circulars & Notifications
◦ FDI Policy related to LLPs
◦ FEMA Regulations & Schedules related to LLPs
• [Taxmann's series of Bestseller Books] on LLP Laws
• [Follows the six-sigma approach] to achieve the benchmark of 'zero error'
GST Investigations Demands Appeals & Prosecution aims to cover the past & emerging jurisprudence on the subject matter along with a lucid commentary on the statutory provisions under the GST Law relating to the following:
• GST Inspection
• GST Search
• GST Seizure
• GST Detention
• GST Audit
• GST Confiscation
• GST Penalty
• GST Show Cause Notice
• GST Adjudication
• GST Appeals
• GST Revision
• GST Prosecution
• GST Compounding
The objective of this book is to sensitize both taxpayers and tax officers of their rights and obligations when:
• Investigations are undertaken;
• Records and documents are seized;
• Officials from companies are summoned, and
• Statements are recorded.
This book will be helpful for taxpayers, departmental officers, members of the bar & bench, professionals and the judiciary to appreciate the intricate points and issues arising out of implementation of the relevant provisions conferring wide powers on the officers.
The Present Publication is the Latest Edition, authored by Dr. Gokul Kishore & R. Subhashree & amended up to July 2021, with the following noteworthy features:
• [Commentary/Practical Guide] This book is intended to serve as a commentary and also a practical guide to all stakeholders on the provisions and issues emerging from various orders passed by High Courts on search, summons, arrest, bail, provisional attachment, demands, penalty and confiscation
• [Analysis of the Statutory Provisions featuring Landmark Cases & Recent Orders] GST is in force for only four years. Still, instances of the use of powers of search and seizure have been increasingly visible. This book analyses the provisions along with both the landmark cases on this subject as well as the recent orders under GST law.
• [Analysis includes the Previous & Current Regime of Indirect-taxes] While arrest and prosecution powers have been in the statute book under the pre-GST tax laws, the frequency of invocation of such powers in the GST regime is high. Various orders on bail, conditions for bail and validity of arrest passed by High Courts have been discussed to comprehend the scope, limitations and interpretation of the provisions
• [Threadbare Analysis with Established Jurisprudence & Principles Evolved over the Years] Proceedings for recovery of tax commences with demand notice or show cause notice followed by adjudication order, and the dispute is carried in an appeal if either party is aggrieved. The provisions under GST law on demands, adjudication, appeals, revision and recovery action have been subjected to threadbare analysis with the help of established jurisprudence and principles evolved over the years
Taxmann's GST Law & Practice is a unique/concise book on the GST Laws (i.e., Statutory Portion & Case Laws). Coverage of the book is as follows:
• Central Goods and Services Tax Act 2017 (CGST)
• Integrated Goods and Services Tax Act 2017 (SGST)
• Goods and Services Tax (Compensation to States) Act 2017
• Classification of Goods & Services
What sets it apart is the 'unique way of presenting' the compendium of 'updated, amended & annotated' text of the CGST & SGST Acts along with relevant Rules, Notifications, Forms, Circulars, Clarifications, and Case Laws. In other words, read the Section & get the following:
• Text of the relevant Rules & Notifications
• The gist of the relevant Circulars
• Date of enforcement of provisions
• Allied Laws referred to in the provision
• Gist of relevant Case Laws with an easy-to-understand summary
This book also includes Case Laws on the classification of goods & services under the GST regime in a separate division.
The Present Publication is the 2nd Edition, amended up to July 2021, authored by CA (Dr.) Arpit Haldia & CA Mohd. Salim, with the following noteworthy features:
• [Taxmann's series of Bestseller Books] on GST Laws
• [Follows the six-sigma approach] to achieve the benchmark of 'zero error.'
The detailed contents of the book are as follows:
• Central Goods & Services Tax Act 2017
◦ Arrangement of Sections
◦ Arrangement of Rules
◦ Text of the Central Goods & Services Tax Act, 2017
◦ Removal of Difficulties Order
◦ Text of Provisions of Allied Acts referred to in Central Goods & Services Tax Act, 2017
◦ Subject Index
• Integrated Goods & Services Tax Act 2017
◦ Arrangement of Sections
◦ Arrangement of Rules
◦ Text of the Integrated Goods & Services Tax Act, 2017
Subject Index
• Goods and Services Tax (Compensation to States) Act 2017
◦ Arrangement of Sections
◦ Text of the Goods and Services Tax (Compensation to States) Act, 2017
◦ Subject Index
• Classification of Goods & Services
◦ Classification of Goods
◦ Classifications of Services
Ind AS Ready Reckoner is a simple & practical workbook on Ind AS [as amended by the Companies (Indian Accounting Standards) Amendment Rules 2021] to guide the members in practice/employment in their day-to-day works. This book will help the professionals cope with various developments in the accounting standards’ area, which has become complex after Ind AS has started aligning with its global counterpart.
The Present Publication is the Latest Edition, authored by CA Ravi Kanth Miriyala & CA Sunitanjani Miriyala, amended up to July 2021, with the following noteworthy features:
• [Most Updated & Amended] This book incorporates the latest amendments under Companies (Indian Accounting Standards) (Amendment) Rules, 2021
• [Practical & Lucid Explanations/Illustrations/Process Flow Charts] are provided in this book for members in practice/employment, to act as a one-stop reference manual on complex matters, without diluting the content of Standards
• [Definitions & Applications Guidance with Basis of Conclusion] are incorporated in critical chapters and wherever it is necessary to understand the reasoning
• [FAQs & Illustrative Examples] This book also incorporates FAQs of educational material issued by the ICAI and illustrative examples issued by the IASB
• [Ind AS vs AS & Ind AS vs IFRS] Covers the differences between Ind AS & AS as well as Ind AS & IFRS, at the end of every standard
GST Exports-Imports & Deemed Exports is a harmonious blend of the following laws:
• GST
• Customs
• Foreign Trade Policy
• Allied Laws
This book aims to consolidate & explain different provisions of the law and subsequent procedural changes such as Notifications, Circulars, Instructions and Trade Notices issued by CBIC and DGFT, along with relevant Advance Rulings with regards to Imports, Exports, Deemed Exports under different laws.
This book is intended to help the trade and industry dealing with exports, imports and deemed exports for compliance with the legal requirements and avail the benefits under various provisions of the Foreign Trade Policy, Customs and GST laws with better understanding and appreciation of the intricacies.
The Present Publication is the 2nd Edition, authored by Kaza Subrahmanyam & T.N.C. Rajagopalan, with the following coverage:
• [Conceptual Understanding of provisions of Imports and Exports] of Goods & Services
• [Meaning of Zero Rated Supply along with Refunds] for Physical Exports and Deemed Exports under GST
• [Treatment of supplies by and to EOU/SEZ unit or SEZ Developer/FTWZ] along with Special Exemptions/Concessions and procedural requirements
• [Foreign Trade Policy] under GST
Guide to Customs Valuation is a complete and comprehensive commentary on laws relating to valuation under Customs laws. It is a brief, concise and handy reference book, which provides the updated and simplified analysis of provisions to determine valuation under the Customs laws.
This book will be helpful for Customs Consultants, Advocates, Corporate Managers & Departmental Officers.
This book is divided into two parts:
• Valuation of Imported Goods
• Valuation of Export Goods
The Present Publication is the Latest Edition, authored by H.K. Maingi, amended up to July 2021, with the following noteworthy features:
• [Conceptual Understanding of Valuation] Conceptual understanding of provisions of Valuation under Section 14 of Customs Act and Customs Valuation (Determination of Value of Export Goods) Rules, 2007
• [Valuation] Valuation of Imported Goods & Exported Goods, Valuation in case of High Sea Sales & related persons, Valuation of capital goods on debonding, etc.
• [Various Additions in Transaction Value] Various additions in Transaction Value such as Brokerage, Service Charge, Transportation, etc.
• [Other Concepts] Concepts of related persons, under-invoicing and over-invoicing, Special Valuation Branch, etc.
This edition covers everything you need to understand about the provisions of Valuation under Customs in a subtle and simplified language.
The detailed coverage of the book is as follows:
• Introduction
• Valuation of Imported Goods
◦ Transaction Value
◦ Transaction Value to be Accepted in the Absence of Condition and Restriction under Rule 3(2)
◦ Contract Prices and Transaction Value
◦ High Sea Sales and Transaction Value
◦ Related Persons
◦ Transaction Value of Identical or Similar Goods and Contemporaneous Imports
◦ Deductive Value
◦ Computed Value
◦ Residual Method
◦ Reliance on Foreign Journals indicating International Prices for Determining Assessable Value
◦ Addition to Transaction Value Royalty, Licence and Technical Know-How Fees
◦ Other Addition to Transaction Value
◦ Declaration by the Importer
◦ Rejection of Declared Value
◦ Investigation by Special Valuation Branch
• Valuation of Export Goods
◦ Export Valuation
◦ Under-Invoicing and Over-Invoicing of Exports
◦ Customs Valuation (Determination of Value of Export Goods) Rules, 2007
◦ Inclusion/Exclusion Duty Element from Cum Duty Price
◦ Valuation of Goods Sold in DTA from EOU and Debonding of Capital Goods from EOU
Taxmann's MCQs and Integrated Case Studies on Corporate & Economic LawsTaxmann
MCQs & Integrated Case Studies on Corporate & Economic Laws are prepared exclusively for the Final Level of Chartered Accountancy Examination requirement. It covers the entire revised, new syllabus as per ICAI.
The Present Publication is the 6th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, with the following noteworthy features:
• Strictly as per the New Syllabus of ICAI
• [Knowledge Based & Application Based MCQs] as per the pattern applicable for the exams
• Includes the following types of MCQs in a Separate Section in Each Chapter:
◦ RTPs & MTPs
◦ Past Exam Questions
• [Most Updated & Amended] This book is updated & amended as per the following:
◦ Companies (Amendment) Act, 2020
◦ Companies (Appointment and Qualifications of Directors) 5th Amendment Rules, 2020
◦ Schedule V of the Companies Act, 2013
◦ Master Directions – External Commercial Borrowings (Updated as of 12th April 2021)
◦ Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2021
◦ Foreign Contribution (Regulation) Amendment Act, 2020
◦ Arbitration and Conciliation (Amendment) Act, 2021
◦ Insolvency and Bankruptcy (Amendment) Ordinance, 2021
Also Available:
• [7th Edition] of Taxmann’s Corporate & Economic Laws (New Syllabus)
• [7th Edition] of Taxmann’s CRACKER cum Exam Guide on Corporate & Economic Laws (New Syllabus)
• Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies + Class Notes
Contents of this book are as follows:
• Appointment and Qualifications of Directors
• Meeting of the Board and its Powers
• Appointment and Remuneration of Managerial Personnel
• Inspection, Inquiry and Investigation
• Compromises, Arrangements and Amalgamations
• Prevention of Oppression & Mismanagement
• Winding Up
• Companies Incorporated Outside India
• Miscellaneous Provisions
• Adjudication and Special Courts
• NCLT and NLCAT
• Corporate Secretarial Practice
• Securities Contracts (Regulation) Act, 1956 and SCR Rules, 1957 | Deleted from Syllabus
• Securities and Exchange Board of India Act, 1992 & SEBI (LODR) Regulations, 2015
• Foreign Exchange Management Act, 1999
• Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFESI Act, 2002) | Deleted from Syllabus
• Prevention of Money Laundering Act, 2002
• Foreign Contribution (Regulation) Act, 2010
• Arbitration and Conciliation Act, 1996
• Insolvency and Bankruptcy Code, 2016
• Integrated Case Studies
Taxmann’s CRACKER for Corporate & Economic Laws is prepared exclusively for the Final Level of Chartered Accountancy Examination requirement. It covers the entire revised, new syllabus as per ICAI.
The Present Publication is the 7th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, authored by Pankaj Garg, with the following noteworthy features:
• Strictly as per the New Syllabus of ICAI
• [600+ Questions and Case Studies] with complete answers
• Coverage of this book includes:
• All Past Exam Questions
▪ CA Final July 2021 (New Syllabus) – Suggested Answers
◦ Questions from RTPs and MTPs of ICAI
• [Chapter-wise] marks distribution for Past Exams
• [Most Updated & Amended] This book is updated & amended as per the following:
◦ Companies (Amendment) Act, 2020
◦ Companies (Appointment and Qualifications of Directors) fifth Amendment Rules, 2020
◦ Schedule V of the Companies Act, 2013
◦ Master Directions – External Commercial Borrowings (Updated as of 12th April 2021)
◦ Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2021
◦ Foreign Contribution (Regulation) Amendment Act, 2020
◦ Arbitration and Conciliation (Amendment) Act, 2021
◦ Insolvency and Bankruptcy (Amendment) Ordinance, 2021
Also Available:
• [7th Edition] of Taxmann’s Corporate & Economic Laws (New Syllabus)
• [6th Edition] of Taxmann’s MCQs & Integrated Case Studies on Corporate & Economic Laws (New Syllabus)
• Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies
Contents of this book are as follows:
• Appointment and Qualifications of Directors
• Meeting of the Board and its Powers
• Appointment and Remuneration of Managerial Personnel
• Inspection, Inquiry and Investigation
• Compromises, Arrangements and Amalgamations
• Prevention of Oppression & Mismanagement
• Winding Up
• Companies Incorporated Outside India
• Miscellaneous Provisions
• Adjudication and Special Courts
• National Company Law Tribunal and Appellate Tribunal
• Corporate Secretarial Practice – Drafting of Notices, Resolutions, Minutes & Reports
• Securities Contracts (Regulation) Act, 1956 and SCR Rules, 1957 (Deleted from syllabus)
• Securities and Exchange Board of India Act, 1992 & SEBI (LODR) Regulations, 2015
• Foreign Exchange Management Act, 1999
• Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFESI Act, 2002)
• Prevention of Money Laundering Act, 2002
• Foreign Contribution (Regulation) Act, 2010
• Arbitration and Conciliation Act, 1996
• Insolvency and Bankruptcy Code, 2016
FEMA & FDI Ready Reckoner provides complete and accurate information about all provisions of the Foreign Exchange Management Act, 1999 (FEMA). It also includes guidance on all practical issues faced by companies and FEMA professionals.
Key features of this book are as follows:
• Topic-wise commentary on FEMA
• Analysis of all provisions of FEMA with relevant Rules, Judicial Pronouncements, Circulars, Notifications and Master Directions issued by Reserve Bank of India
• Law Relating to the following
◦ Prevention of Money Laundering Act
◦ Foreign Contribution (Regulation) Act
◦ COFEPOSA
The Present Publication is the 15th Edition, and it is amended up to 30th June 2021. The coverage of this book is as follows:
• FEMA – Overview
• Authorised Person under FEMA
• Account in India by Person Resident out of India
• Accounts of Indian Residents in Foreign Currency
• Receipt and Payment in Foreign Exchange
• Realisation, Repatriation and Surrender of Foreign Exchange
• Money Changing Activities
• Money Transfer Service Scheme (MTSS)
• Possession and Retention of Foreign Currency
• Export and Import of Currency or Currency Notes
• Remittances on Current Account
• Liberalised Remittance Scheme (LRS)
• Export of Goods and Services
• Import of Goods and Services
• Project Exports and Service Exports
• Foreign Exchange Rates
• Overview of Capital Account Transactions
• Foreign Investment in India
• FDI in Indian Company
• Section Wise FDI Policy at a Glance
• FDI – Downstream Investment, i.e. Indirect Investment
• FDI through Rights, Bonus, Sweat Equity or Merger/Amalgamation
• FDI – Transfer of Securities
• FDI in LLP
• FDI in GDR/ADR
• Investment by NRI or OCI
• FDI in Startup Company
• Investment by Foreign Portfolio Investors
• FDI in Investment Vehicle
• FDI by FVCI
• FDI – Investment in Securities by Funds, Foreign Central Bank, etc.
• Investment by Indian Entity in JV/WOS Abroad
• Guarantees
• Insurance
• Borrowing and Lending in Foreign Currency
• Borrowing and Lending in Indian Rupees
• Foreign Investment in Debt Instruments
• External Commerical Borrowings
• Trade Credit (TC) and Structured Obligations
• Acquisitions and Transfer of Immovable Property in India
• Acquisition and Transfer of Immovable Property out of India
• Remittance of Assets
• Branch/LO/Project Office in India by Foreign Entities
• Indian Depository Receipts
• Risk Management and Inter-Bank Dealings
• VOSTRO Account of Non-Resident Exchange Houses
• Industrial Policy of Government of India
• Enforcement of FEMA
• Penalties under FEMA
• Appeals under FEMA
• Compounding of Contraventions under FEMA
• Prevention of Money Laundering Act
• Foreign Contribution (Regulation) Act (FCRA)
• COFEPOSA, 1974
This book provides a para-wise commentary on Companies (Auditor’s Report) Order. It is a complete guide on the applicability and the matters that need to be reported by an Auditor on CARO.
This book is divided into three divisions:
• CARO Reporting under CARO, 2020 (Applicable from Financial Year 2021-22)
• CARO Report on Consolidated Financial Statements under CARO, 2020
• CARO Reporting under CARO, 2016 (Applicable for Financial Year 2021-22)
This book will be helpful for Auditors
The Present Publication is the 8th Edition, amended up to 30th June 2021, authored by CA Srinivasan Anand G., with the following noteworthy features:
• [FAQs & Case Studies]
◦ CARO 2016
◦ CARO 2020
• [Amended Schedule II] Related disclosure requirements
• [Clause-wise Ready Reckoner] on CARO 2020
• Review of earlier versions of CARO to do a quick comparison(s)
• [In a Nushell] CARO 2020
• Relevant Provisions of Companies Act, 2013
Taxmann's Indian Accounting Standards (Ind AS)Taxmann
Indian Accounting Standards (Ind AS) contains the updated Indian Accounting Standards issued under the Companies (Indian Accounting Standard) Rules, 2021.
It provides a complete understanding of the definitions, entities liable to apply Ind AS, and exemptions.
The Present Publication is the 2nd Edition, authored by Taxmann’s Editorial Board, updated till 30th June 2021, with the following noteworthy features:
• [Text of Indian Accounting Standard (Ind AS)] notified under Companies (Indian Accounting Standard) Rules, 2021;
• [Guide for Definitions] in Indian Accounting Standards
• [Guide on Applicability] of Indian Accounting Standards
• [Guide on Obligations to Comply with] in Indian Accounting Standards
• [Guide on Exemptions/Relaxations] in Indian Accounting Standards
The contents of the book are as follows:
• Arrangement of Rules
◦ Short Title and Commencement
◦ Definitions
◦ Applicability of Accounting Standards
◦ Obligation to Comply with Indian Accounting Standards (Ind AS)
◦ Exemptions
• General Instructions
• Indian Accounting Standards (Ind AS)
Taxmann's Indian Competition Law is a section-wise commentary on Competition Law. What sets this book apart is the unique combination of the study of both substantive and procedural elements of Competition Law in India.
The objective of this book is three-fold:
• Focusing on Indian Competition Law, elucidating the Indian jurisprudence and then comparing it with positions taken by European Union (EU) and the United States
• This book does not get restricted to the major provisions/broader issues of competition law but also highlights economic, technical and administrative concepts/issues that are relevant in the practical application and interpretation of competition law
• This book does not become a technical treatise but a document that a wider audience can read and understand, including lawyers, judges, academicians, lawmakers, market regulators, & entrepreneurs.
The Present Publication is the Latest Edition, authored by Adv. Gautam Shahi & Dr. Sudhanshu Kumar, amended up to 30th May 2021, with the following noteworthy features:
• [Detailed Study on Fundamental Issues] including:
o Anti-Competitive Agreements
o Abuse of Dominant Position
o Combinations (Acquisitions and Mergers)
• [Evolution of Competition Jurisprudence] in India
• [Comparitive Assessment] of major issues in Indian competition law with vis-à-vis EU, UK, and the USA
• [Exhaustive Analysis] on Rules, Regulations, Guidance issued by CCI & Case Laws decided by the CCI, COMPAT (now NCLAT), High Courts, and the Supreme Court
• [Interaction of Competition Act with other Laws] such as:
o Administrative Law
o Intellectual Property Laws
o Telecom Laws
Taxmann's Competition Law Manual is a compendium of Competition Act, 2013 [amended up to date] along with Relevant Rules & Regulations, Circulars, and Notifications.
What sets this book apart is the unique way of presenting the Annotated, Amended & Updated text of the Competition Act and relevant Rules & Regulations mapped with the relevant Section of the Act.
The Present Publication is the Latest Edition, authored by Taxmann's Editorial Board, amended up to 5th July 2021. This book is divided into four divisions:
• The Competition Act, 2002
• Notifications
• 20+ Rules & Regulations issued under the Competition Law
• Conditions of Service of Chairperson and Members of Tribunals, Appellate Tribunals and Other Authorities
Taxmann's CLASS NOTES | Direct Tax Laws and International TaxationTaxmann
Taxmann’s CLASS NOTES for Direct Tax Laws & International Taxation is a one-stop solution to conquer the vast subject of Direct Taxation with ease. The objective behind this book is to minimize the need to consult multiple voluminous books while revising the day before the exam.
This book aims at providing all concepts in a simple language, with proper linking and a smart sequential approach. It also explains the provision of the law without resorting to paraphrasing of sections or legal jargons.
The Present Publication is the 2nd Edition (For New Syllabus) & Updated till 30th April 2021, authored by CA V. Rahul Agarwal, with the following noteworthy features:
• Strictly as per the New Syllabus of ICAI
• [Pictorial Presentation/Charts with Handwritten Fonts] are used in the book for easy understanding of theoretical concepts
• [Multi-Colour Coded Book] which follows the below structure:
◦ Blue – Heading
◦ Black – Main Content
◦ Red – Summarised version of the main content
◦ Green – Amendments applicable for the examination
◦ Yellow Highlights – Key adjustments to be highly cautious of; ‘The Accident-Prone Zones’
◦ Blue Boxes – Significant selected Case Laws provided by ICAI
◦ Green Boxes – Authors personal notes for better understanding and clarity
• [Amendments for November 2021 Examination] are provided at the end of the module
Also Available:
• [65th Edition] of Taxmann’s Direct Taxes Law & Practice with special reference to Tax Planning
• [2nd Edition] of Taxmann’s Direct Tax Laws & International Taxation (2 Vols.)
• [2nd Edition] of Taxmann’s CRACKER cum Compiler – Direct Tax Laws & International Taxation
Taxmann's Problems & Solutions for Direct Tax Laws & International TaxationTaxmann
Taxmann's PROBLEMS & SOLUTIONS for Direct Tax Laws & International Taxation is a compilation of questions & MCQs (prepared using handwritten fonts) from the educational materials, RTPs, MTPs and past examination papers of both old & new syllabus of ICAI (up to 30th April 2021). These are aligned with provisions applicable for Nov. 2021 Exams and are arranged Topic-wise & Chapter-wise with proper reference to the paper as well as attempt for convenience and trend analysis.
The Present Publication is the 2nd Edition (For New Syllabus) & Updated till 30th April 2021, authored by CA V. Rahul Agarwal, with the following noteworthy features:
• [Coverage of All Questions & MCQs] in handwritten fonts
◦ For Old/New Syllabus; issued up to 30th April 2021, from the following:
▹ Educational Material of ICAI
▹ RTPs & MTPs of ICAI
▹ Past Examination Papers of ICAI
◦ The above Questions & MCQs are aligned with applicable provisions for November 2021 examination
◦ Arranged 'Topic-wise' & 'Chapter-wise' with proper reference to paper as well as attempt for convenience and trend analysis
• [Ready Reckoner for the day before the exam] Special adjustments tested by ICAI have been summarised at the start of the book
Also Available:
• [65th Edition] of Taxmann's Direct Taxes Law & Practice with special reference to Tax Planning
• [2nd Edition] of Taxmann's Direct Tax Laws & International Taxation (2 Vols.)
• [2nd Edition] of Taxmann's CRACKER cum Compiler – Direct Tax Laws & International Taxation
The contents of the book are as follows:
• Summary of Special Adjustments
• Part A – Direct Taxation
◦ Basics of Income Tax
◦ Special Tax Regime
◦ Taxation of Agriculture Income
◦ Income from Salary
◦ Income from House Property
◦ Profits and Gains of Business or Profession
◦ Capital Gains
◦ Taxation of Business Re-Organisations
◦ Taxation of Distribution to Owners
◦ Income from Other Sources
◦ Taxation of Dividends & Income from Units
◦ Comprehensive Questions
◦ Assessment of Firms & LLP
◦ Assessment of AOP & BOI
◦ Assessment of Non-Profit Organization (NPO) & Exit Tax
◦ Assessment of Business Trust
◦ Assessment of Other Persons
◦ Taxation of Unexplained Income
◦ Clubbing of Income
◦ Set-Off and Carry Forward of Losses
◦ Exemptions & Sec. 10AA Deductions
◦ Chapter VI-A Deduction
◦ Minimum Alternate Tax [Section 115JB] & Alternate Minimum Tax [Section 115JC]
◦ TDS & TCS
◦ Payment of Taxes & Return Filing
◦ Assessment Procedure
◦ Appeals & Revisions
◦ Settlement Commission
◦ Tax Planning, Avoidance & Evasion
◦ Penalties, Offence & Prosecution
◦ Liability in Special Cases
◦ Statement of Financial Transactions (SFT) & Miscellaneous Provisions
• Part B – International Taxation
◦ Transfer Pricing & Related Provisions
◦ Residential Status & Scope of Total Income
◦ Non-Resident Taxation
• Part C – Suggested Answers (Amended as Applicable for A.Y. 2021-22)
Taxmann's 20 REVISED DUE DATES under Income-tax ActTaxmann
In view of the COVID-19 pandemic, the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) has extended various due dates of compliances. The due dates so extended by the TLA Act, 2020 have been extended again on multiple occasions by the CBDT. The CBDT has again extended the due dates for certain compliances and has also announced to provide tax exemption for the expenditure incurred by the taxpayers on COVID-19 treatment. Further, the ex-gratia or any compensation received by the family members of any person who succumbed to COVID-19 will be exempt from tax. The impact of new notifications and circulars on various time barring dates and certain compliance of the Income-tax Act are discussed in the below paragraph.
Taxmann's MCQs and Integrated Case Studies on Advanced Auditing and Professio...Taxmann
MCQs & Integrated Case Studies on Advanced Auditing & Professional Ethics are prepared exclusively for the Final Level of Chartered Accountancy Examination requirement. It covers the entire revised, new syllabus as per ICAI.
The Present Publication is the 6th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, with the following noteworthy features:
• Strictly as per the New Syllabus of ICAI
• [Knowledge Based & Application Based MCQs] as per the pattern applicable for the exams
• Includes the following types of MCQs in a Separate Section in Each Chapter:
◦ RTPs & MTPs
◦ Sample Questions
◦ Past Exam Questions (Memory-Based)
• [Most Updated & Amended] This book is updated & amended as per the following:
◦ Companies (Audit and Auditor’s) Amendment Rules, 2021
◦ Companies (Amendment) Act 2020
◦ Companies (Auditor’s Report) Order 2020
◦ SEBI (LODR) Regulation 2015
◦ Form 3CD and Form GSTR 9C (Revised)
◦ Finance Act 2021
◦ Revised Code of Ethics
◦ Revised Statement of Peer Review 2020
Also Available:
• [8th Edition] of Taxmann’s Textbook for Advanced Auditing & Professional Ethics (New Syllabus)
• [8th Edition] of Taxmann’s Cracker cum Exam Guide for Advanced Auditing & Professional Ethics (New Syllabus)
• [1st Edition] Taxmann’s Quick Revision Charts for Advanced Auditing & Professional Ethics
• Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies
The contents of the book are as follows:
• Quality Control and Engagement Standards
• Auditing Planning, Strategy and Execution
• Risk Assessment and Internal Control
• Audit in an Automated Environment (Applicable for New Syllabus)
• Professional Ethics (Chartered Accountants Act, 1949)
• Company Audit
• Audit Reports
• CARO 2020
• Audit of Consolidated Financial Statements
• Audit of Dividends
• Audit Committee & Corporate Governance
• Liabilities of Auditors
• Internal Audit
• Management and Operational Audit
• Audit under Fiscal Laws
• Due Diligence and Investigation
• Peer Review
• Audit of Banks
• Audit of Non-Banking Financial Companies
• Audit of General Insurance Companies
• Audit of Public Sector Undertaking
• LLP Audit, Forensic Audit, Quality Review & Audit of Life Insurance Business (Applicable for New Syllabus)
• Miscellaneous
• Integrated Case Studies
Taxmann's CRACKER | Advanced Auditing & Professional EthicsTaxmann
Taxmann’s CRACKER for Advanced Auditing & Professional Ethics is prepared exclusively for the requirement of the Final Level of Chartered Accountancy Examination. It covers the entire revised, new syllabus as per ICAI.
The Present Publication is the 8th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, with the following noteworthy features:
• Strictly as per the New Syllabus of ICAI
• [1,000+ Questions and Case Studies] with complete answers
• [ICAI Examiner Comments] along with Past Exam Questions are included
• Coverage of this book includes:
◦ All Past Exam Questions
▪ CA Final November 2020 (New Syllabus) – Suggested Answers
▪ CA Final January 2021 (New Syllabus) – Suggested Answers
◦ Questions from RTPs and MTPs of ICAI
• [Point wise] answers for easy learning
• [Chapter-wise] marks distribution for Past Exams
• [Most Updated & Amended] This book is updated & amended as per the following:
◦ Companies (Audit and Auditor’s) Amendment Rules, 2021
◦ Companies (Amendment) Act 2020
◦ Companies (Auditor’s Report) Order 2020
◦ SEBI (LODR) Regulation 2015
◦ Form 3CD and Form GSTR 9C (Revised)
◦ Finance Act 2021
◦ Revised Code of Ethics
◦ Revised Statement of Peer Review 2020
Also Available:
• [8th Edition] of Taxmann’s Textbook for Advanced Auditing & Professional Ethics (New Syllabus)
• [6th Edition] of Taxmann’s MCQs & Integrate Case Studies on Advanced Auditing & Professional Ethics (Old/New Syllabus)
• [1st Edition] Taxmann’s Quick Revision Charts for Advanced Auditing & Professional Ethics
• Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies
The contents of the book are as follows:
• Quality Control and Engagement Standards
• Audit Planning, Strategy and Execution
• Risk Assessment and Internal Control
• Audit in an Automated Environment
• Professional Ethics
• Company Audit
• Audit Reports
• CARO 2020
• Audit of Consolidated Financial Statements
• Audit of Dividend
• Audit Committee and Corporate Governance
• Liabilities of Auditors
• Internal Audit
• Management and Operational Audit
• Audit under Fiscal Laws
• Due Diligence, Investigation & Forensic Audit
• Peer Review & Quality Review
• Audit of Banks
• Audit of Non-Banking Finance Companies
• Audit of Insurance Companies
• Audit of Public Sector Undertakings
• Questions on Ind-AS
• Questions on Schedule III
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Buy Verified PayPal Account | Buy Google 5 Star Reviewsusawebmarket
Buy Verified PayPal Account
Looking to buy verified PayPal accounts? Discover 7 expert tips for safely purchasing a verified PayPal account in 2024. Ensure security and reliability for your transactions.
PayPal Services Features-
🟢 Email Access
🟢 Bank Added
🟢 Card Verified
🟢 Full SSN Provided
🟢 Phone Number Access
🟢 Driving License Copy
🟢 Fasted Delivery
Client Satisfaction is Our First priority. Our services is very appropriate to buy. We assume that the first-rate way to purchase our offerings is to order on the website. If you have any worry in our cooperation usually You can order us on Skype or Telegram.
24/7 Hours Reply/Please Contact
usawebmarketEmail: support@usawebmarket.com
Skype: usawebmarket
Telegram: @usawebmarket
WhatsApp: +1(218) 203-5951
USA WEB MARKET is the Best Verified PayPal, Payoneer, Cash App, Skrill, Neteller, Stripe Account and SEO, SMM Service provider.100%Satisfection granted.100% replacement Granted.
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
LA HUG - Video Testimonials with Chynna Morgan - June 2024
Taxmann's Tax Practice Manual
1.
2. PREFACE TO SIXTH EDITION
We take immense pleasure in presenting the 6th Edition of TPM - Tax
Practice Manual in the beginning of the new decade.
In this Edition, changes made by the Finance Act, 2020 alongwith Vivad
se Vishwas Act, 2020 “Scheme” are incorporated. This years budget has
shown a paradigm shift in the approach of the Government in manner it
wishes to collect the taxes in the backdrop of sharp economic meltdown
and global crisis due to various challenges.
OurbasicpurposeandgoalovertheyearshasbeentoassisttheTaxpayers
as well as the fraternity of Tax Practitioners. We have updated the
relevant provisions which is going to benefit the readers in thorough
understanding of the Income Tax Laws.
We have also endeavoured to highlight the basic principles of law,
without proper understanding of which, it will be difficult to apply the
relevant provisions of Income Tax Law.
As we get ready with this new edition the world is terrified with Covid-19
and we are hopeful that the true spirit of humans helps us to keep the
optimism intact.
Before we end, we acknowledge the assistance of our team headed by CA
Faiyaz and supported by CA Surabhi, CA Simona, Shubham, Bhaskar,
Dhairya, Debashish and Ekta.
MAHENDRA B. GABHAWALA
APRAMEYA M. GABHAWALA
ARPITA M. GABHAWALA
APARAJITA V. SHAH
MILINDA A. GABHAWALA
I-7
3. PAGE
About the Author I-5
Preface to Sixth Edition I-7
Prelude I-9
Revised due dates for compliances under the Income-tax Act I-31
Significant Amendments made by Finance Act, 2020 and Taxation
and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 I-39
Direct Tax Vivad se Vishwas Act, 2020 I-119
Book One : Law Relating
to Tax Procedures
DIVISION ONE
Tax Practice
1.1 TAX PRACTICE
1.1.1 General 4
1.1.2 Setting and achieving goals 5
1.1.3 Dynamics of tax practice 5
1.1.4 Scope of tax practice 8
1.1.5 Options of organization 9
1.1.6 War-like jobs (facing the rough weather) 11
1.1.7 Marshalling facts with evidence 12
1.1.8 Drafting and carrying conviction 12
1.1.9 Peace-time jobs 12
1.1.10 Delegation by seniors 13
1.1.11 Gems of Wisdom, gathered from various books 14
I-165
Contents
4. I-166
PAGE
1.2 TAX PRACTITIONER
1.2.1 A tax practitioner 15
1.2.2 Authorized representative 16
1.2.3 Authorization 17
1.2.4 Registration as ITP (income tax practitioner) 18
1.2.5 19
1.2.6 Personality 19
1.2.7 Time management 20
1.2.8 Read more, read extra and grow rich 22
1.2.9 Succession planning 22
1.2.10 Gems of Wisdom, about personal qualities - In alphabetical
order, gathered from various books
23
1.3 TAX ENGAGEMENTS
1.3.1 Scope of work 26
1.3.2 Remuneration and terms of payment 27
1.3.3 Engagement letter - Contents 27
1.4 RELATIONSHIP WITH CLIENT
1.4.1 What a client needs from his consultant? 28
1.4.2 The client to be sought after 29
1.4.3 29
1.4.4 Adequate reward for services 30
1.4.5 Billing - Recurring, non-recurring jobs 31
1.4.6 32
1.4.7 Be worldly wise 32
1.4.8 Collection of dues 33
1.4.9 New client 34
1.4.10 Case preparation 35
1.4.11 Client education (Circulars to clients, reminders to client for
due dates etc.)
38
1.4.12 Original record with client or with tax practitioner 38
1.4.13 39
1.4.14 Client’s money (Imprest) 39
1.4.15 Maintaining safe distance 39
1.4.16 Professional negligence 44
5. I-167
PAGE
1.5 OFFICE MANAGEMENT
1.5.1 System strength 50
1.5.2 51
1.5.3 HR - Manpower 54
1.5.4 Filing and storage 60
1.5.5 Computer and its usage 64
1.5.6 E-mail 67
1.5.7 68
1.5.8 Support system 70
1.5.9 Finance 77
DIVISION TWO
Pre-assessment procedures
2.1 ADVANCE TAX & SELF ASSESSMENT TAX
2.1.1 Why advance tax? 80
2.1.2 Assessee liable to pay suo motu 81
2.1.3 81
2.1.4 Amount payable 83
2.1.5 Due dates for payment of advance tax 83
2.1.6 Consequences of default in payment of advance tax 84
2.1.7 No appropriation of seized assets for advance tax 84
2.1.8 Liability to pay self assessment tax 85
2.1.9 Computation of self assessment tax 85
2.1.10 Time for payment of self assessment tax 85
2.1.11 Default in payment of self assessment tax 85
2.2 RETURN OF INCOME
2.2.1 Return of Income - General 87
2.2.2 88
2.2.3 90
2.2.4 Consequences for non-compliance of due dates of sec. 139(1) 90
2.2.5 91
2.2.6 Loss return u/s 139(3) 94
2.2.7 Belated return u/s. 139(4) 94
2.2.8 Revised return u/s. 139(5) 95
6. I-168
PAGE
2.2.9 Defective return u/s. 139(9) 96
2.2.10 Income tax returns : Forms 97
2.2.11 99
2.2.12 Annexure - Less returns of income 101
2.2.13 Tax return preparers 102
2.2.14 Who to sign the return u/s. 140? 102
2.3 PAN - PERMANENT ACCOUNT NUMBER TAN - TAX
DEDUCTION AND COLLECTION ACCOUNT NUMBER
2.3.1 General : Permanent Account No. 105
2.3.2 Evolution of PAN 105
2.3.3 Features of PAN 106
2.3.4 Contents of PAN card 107
2.3.5 Objectives sought from PAN 107
2.3.6 General : Tax deduction and collection account No. 107
2.3.7 Application for allotment of PAN 108
2.3.8 Application for allotment of TAN 109
2.3.9 On-line application - PAN/TAN 109
2.3.10 Compulsory quoting of PAN on certain transactions 110
2.3.11 Compulsory quoting of TAN on certain transactions 112
2.3.12 Penalty on non-compliance of PAN/TAN provisions 112
2.3.13 Correction/change in PAN/TAN data 112
2.3.14 Pan Aadhaar interchangeability and portability 112
DIVISION THREE
Assessment
3.1 ASSESSMENT - PRINCIPLES & ISSUES
3.1.1 Jurisdiction 117
3.1.2 Principles of natural justice 119
3.1.3 Burden of proof, onus and shifting of burden 121
3.1.4 Deeming provisions 123
3.1.5 Previous year 124
3.1.6 CBDT circulars 125
3.1.7 Res judicata 126
3.1.8 Notice 127
3.1.9 Service of notice 128
7. I-169
PAGE
3.1.10 Adjournment 132
3.1.11 Order sheet 132
3.1.12 133
3.1.13 Statement on oath 133
3.1.14 Capital v. Revenue 136
3.1.15 Business expediency 137
3.1.16 Method of accounting - Sec. 145 138
3.1.17 Stock in trade 140
3.1.18 Effect of book entries on accrual of income 141
3.1.19 Benami, sham and bogus 142
3.1.20 Cash credits 143
3.1.21 Intangible additions 148
3.1.22 Unexplained investment and expenditure 149
3.1.23 Peak/roll over effect 152
3.1.24 Dumb document 152
3.1.25 Surrender, confession and retraction 153
3.1.26 Meaning of assessment 154
3.1.27 155
3.1.28 155
3.1.29 Arbitrariness 157
3.1.30 158
3.1.31 Notices u/s. 142 158
3.1.32 Special audit u/s. 142(2A) 160
3.1.33 161
3.1.34 Common areas of enquiry 163
3.1.35 Protective assessment 163
3.1.36 Directions by joint CIT u/s. 144A 165
3.1.37 Reason to believe 165
3.1.38 Reasons to be recorded and objections 170
3.1.39 Limitation for assessment & reassessment 171
3.1.40 Remedies upon unacceptable assessment order 177
3.1.41 Tips & Traps 177
3.2 SUMMARY ASSESSMENT
3.2.1 Intimation u/s. 143(1) 181
3.2.2 Roots of such an assessment 181
8. I-170
PAGE
3.2.3 Changes in policy 181
3.2.4 Acknowledgement of return 182
3.2.5 Changes made by Finance Act, 2008 182
3.2.6 Law w.e.f. 1-6-1999 182
3.2.9 Changes made by Finance Act, 2008 183
3.3 SCRUTINY ASSESSMENT
3.3.1 Objective 186
3.3.2 Process starts with issue of notice u/s. 143(2) 186
3.3.3 Service of notice 187
3.3.4 Time for service 187
3.3.5 Time limit for completion of assessment 187
3.3.6 Relaxation in time limit 188
3.3.7 Criteria for selection 188
3.3.8 Principles and procedures 189
3.4 POST-SEARCH ASSESSMENT
3.4.1 Purpose 191
3.4.2 Powers of search and seizure 191
3.4.3 Genesis of post-search assessment 191
3.4.4 Comparison 192
3.4.5 Need for special provisions 194
3.5 BEST JUDGMENT ASSESSMENT
3.5.1 Meaning and purpose 196
3.5.2 Sec. 143(2) vis-à-vis sec. 143(3) 197
3.5.3 Similar treatment if sec. 145 invoked 197
3.5.4 Special opportunity to the assessee 197
3.5.5 Best judgment vis-à-vis arbitrariness 198
3.5.6 Case laws 198
3.6 ASSESSMENT ORDER
3.6.1 Why ‘assessment order’ to be in writing? 199
3.6.2 Contents of an assessment order 199
3.6.3 Speaking order 200
3.6.4 Similar applicability 201
3.6.5 Refer Division 3.1 : Assessment - Principles and issues and in
particular to the under noted portions
201
9. I-171
PAGE
3.7 RE-OPENING OF ASSESSMENT
3.7.1 When an assessment can be reopened 202
3.7.2 When can an action under section 147 be initiated 202
3.7.3 Extended meaning of income escaping assessment 202
3.7.4 Books of account vis-a-vis disclosure 203
3.7.5 When proceedings can be dropped 203
3.7.6 Return u/s 148 203
3.7.7 When an assessee fails to comply with notice u/s 148 203
3.7.8 Scope of an assessment u/s 147 203
3.7.9 Law applicable 203
3.7.10 Conclusion of reopened assessment 203
3.7.11 Time-limit 203
3.7.12 203
3.7.13 203
3.7.14 When reopening not permitted 203
3.8 RECTIFICATION
3.8.1 210
3.8.2 Apparent from record 211
3.8.3 Hearing opportunity 211
3.8.4 Limitation 211
3.8.5 Remedies against order u/s. 154 212
3.8.6 Other amendments u/s 155 212
3.8.7 The following decisions may be referred to 214
3.8.8 Check List 217
3.9 REVISION
3.9.1 Nature of revision u/s. 264 219
3.9.2 Powers of principal Commissioner or Commissioner u/s. 264 219
3.9.3 Duties of principal Commissioner or Commissioner u/s. 264 219
3.9.4 When an order cannot be revised u/s. 264? 220
3.9.5 221
3.9.6 Limitation for passing order u/s. 264 221
3.9.7 Finality of order u/s. 264 222
3.9.8 Why power u/s. 263? 222
3.9.9 Which order can be revised u/s. 263? 222
10. I-172
PAGE
3.9.10 Erroneous as well as prejudicial 223
3.9.11 Connotation of ‘record’ 223
3.9.12 Power coupled with duty 223
3.9.13 Hearing opportunity 224
3.9.14 Doctrine of merger 224
3.9.15 Limitation for passing order u/s. 263 224
3.9.16 Remedies against order u/s. 263 225
3.9.17 The following decisions may be referred to 225
3.9.18 Check List 234
DIVISION FOUR
Appeals
4.1 APPEALS TO CIT (APPEALS)
4.1.1 What is an appeal? 237
4.1.2 237
4.1.3 Appeals under income tax Act 237
4.1.4 Payment of admitted tax 240
4.1.5 240
4.1.6 What can be challenged? 241
4.1.7 Powers of CIT (Appeals) 241
4.1.8 Jurisdiction 241
4.1.9 Power to enhance 242
4.1.10 No power to set aside 243
4.1.11 243
4.1.12 Condonation of delay 243
4.1.13 Additional evidence 246
4.1.14 Additional grounds of appeal 248
4.1.15 Withdrawal of an appeal 249
4.1.16 Faceless e-appeal scheme 250
4.2 APPEALS TO ITAT/HIGH COURT/SUPREME COURT
4.2.1 ITAT Appeals - General 252
4.2.2 ITAT - Administration 252
4.2.3 ITAT - Appealable Orders 253
4.2.4 257
11. I-173
PAGE
4.2.5 ITAT - Procedure For Filing Appeal 259
4.2.6 ITAT - Cross Objections 260
4.2.7 ITAT - Cross Appeals & Cross Objections 260
4.2.8 ITAT - Withdrawal of Appeal 261
4.2.9 STAY by ITAT 261
4.2.10 ITAT - Paper Book, Compilation 263
4.2.11 ITAT - Hearing 264
4.2.12 Powers of ITAT 265
4.2.13 Restrictions on powers of ITAT 267
4.2.14 268
4.2.15 ITAT - Check List 270
4.2.16 ITAT - Tips & Traps 271
4.2.17 High Court Appeal 275
4.2.18 Writ Jurisdiction 277
4.2.19 Supreme Court Appeals 277
DIVISION FIVE
Interest, Fees, Penalty and Prosecution
5.1 INTEREST PAYABLE BY ASSESSEE
5.1.1 General 280
5.1.2 Mandatory and automatic 280
5.1.3 Rounding off - Amount of tax 280
5.1.4 Rounding off - Period 280
5.1.5 Defaults for which interest becomes payable 280
5.1.6 Varied interest rates for different periods 281
5.1.7 Interest Payable u/s. 234A 281
5.1.8 Interest payable u/s. 234B 282
5.1.9 Interest payable u/s. 234C 282
5.1.10 Interest payable u/s. 234D 283
5.1.11 Interest payable u/ss. 115P and 115S 283
5.1.12 Interest payable u/ss. 201(1A) and 206C(7) 283
5.1.13 Interest payable u/s. 220(2) 284
5.1.14 Reduced interest for the period 20-3-2020 to 30-6-2020 284
12. I-174
PAGE
5.2 FEES PAYABLE BY ASSESSEE
5.2.1 General 285
5.2.2 Mandatory and automatic 286
5.2.3 Defaults for which fees becomes payable 286
5.2.4 Fees payable u/s. 234E 286
5.2.5 Fees payable u/s. 234F as per Finance Act, 2017 286
5.2.6 Fees payable u/s. 234G as per Finance Act, 2020 (applicable
w.e.f. 01.06.2020)
287
5.2.7 Taxation and Other Laws (Relaxation of Certain Provisions)
Ordinance, 2020
287
5.3 PENALTIES
5.3.1 Why the penalties? 289
5.3.2 Fundamentals of penalties 290
5.3.3 Quasi criminal 290
5.3.4 Not automatic; mens rea 291
5.3.5 Valid initiation 292
5.3.6 Quantum of penalty 293
5.3.7 Technical or venial breach; mistake 293
5.3.8 No penalty in certain cases 294
5.3.9 295
5.3.10 Hearing opportunity u/s. 274 295
5.3.11 Speaking order 296
5.3.12 Types of penalties 296
5.3.13 297
5.3.14 Penalty for concealment u/s. 271(1)(c) in relation to any
assessment prior to asst. year 2017-18
298
5.3.15 Penalty for concealment u/ss. 271AAA and 271AAB 300
5.3.16 Presumptions for penalty 304
5.3.17 Concealment penalty - Presumptions 305
5.3.18 Assessee to prove reasonable cause - Sec. 273B 307
5.3.19 Presumptions in a search case - Sec. 292C 308
5.3.20 Penalty for defaults - PAN, TAN 309
5.3.21 Penalty for defaults - TDS and TCS 309
5.3.22 Penalty for defaults - Tax payment 311
5.3.23 Penalty for non-maintenance of account books etc. 311
13. I-175
PAGE
5.3.24 Penalty for defaults - Audit 311
5.3.25 Penalty for defaults - Loans, deposits and cash transactions 313
5.3.26 Penalty for non-compliance of notices etc. 314
5.3.27 Penalty for non-co-operation 314
5.3.28 Penalty for defaults - International transactions 315
5.3.29 Penaltyforunderreportingandmisreportingofincomeu/s.270A 316
5.3.30
transactions or reportable account
319
5.3.31 Penalty in respect of certain income u/s. 271AAC inserted by
Taxation Laws (Second Amendment ) Act, 2016
320
5.3.32 Penalty for false entry, etc. In the books of account u/s 271AAD
(applicable w.e.f. 01.04.2020)
320
5.3.33 Penalty for furnishing of incorrect information u/s. 271J as per
Finance Act, 2017
321
5.3.34 Penalty for failure to furnish statements, etc. u/s 271K
(Applicable w.e.f. 01.04.2020)
321
5.3.35 Who can impose penalty? 321
5.3.36 Law applicable 322
5.3.37 Time limits u/s. 275 323
5.3.38 E-penalty (Applicable w.e.f. 01.04.2020) 324
5.3.39 Surest suicidals 325
5.3.40 Tips and traps 325
5.4 WAIVER OF INTEREST AND PENALTY
5.4.1 Waiver of interest levied u/ss. 234A, 234B and 234C 327
5.4.2 Waiver of interest levied u/s. 220 328
5.4.3 Waiver of penalty u/s 273A 330
5.4.4 Power of principal commissioner or commissioner to grant
immunity from penalty u/s 273AA
332
5.5 PROSECUTION
5.5.1 Meaning and purpose 334
5.5.2 Criminal jurisprudence 335
5.5.3 Terminology 335
5.5.4 Offences under Income Tax Act 338
5.5.5 Presumptions 341
5.5.6 Who to be jailed? 343
5.5.7 Opportunity before prosecution 345
14. I-176
PAGE
5.5.8 Launching of prosecution 345
5.5.9 Quashing the complaint 347
5.5.10 Immunity - Abatement of settlement application 349
5.5.11 Compounding of offence 349
5.5.12 Internal working of the department 351
DIVISION SIX
Refunds
6.1 Necessity 353
6.2 Relevant provisions 354
6.3 Claim of refund 354
6.4 Withholding of refund u/s. 241A 354
6.5 Interest payable by the department 354
6.6 Condonation of delay for claiming refund 356
DIVISION SEVEN
Settlement Commission - ITSC
7.1 Background 359
7.2 Recent changes 359
7.3 360
7.4 Computation of additional tax 360
7.5 361
7.6 Admission of application 361
7.7 Calling report from CIT 362
7.8 Declaring application as invalid 362
7.9 Enquiry by ITSC 362
7.10 362
7.11 Organisational structure 363
7.12 Additional income 366
7.13 Fast track arrangements 366
7.14 Powers of ITSC 367
7.15 Immunity from prosecution and penalty - Sec. 245H(1) 368
7.16 Bar on subsequent application 368
7.17 New abatement provisions 369
7.18 369
15. I-177
PAGE
DIVISION EIGHT
Summons, Survey, Search
8.1 SUMMONS
8.1.1 Powers under CPC 372
8.1.2 Nature of the powers 373
8.1.3 Pendency required 374
8.1.4 No pendency required 375
8.1.5 Duty of assisting tax payer 375
8.1.6 Summons issued but could not be served 376
8.1.7 Authorised representative 376
8.1.8 Issue of commissions 376
8.2 CALLING INFORMATION
8.2.1 General 377
8.2.2 Who can exercise the powers u/s. 133? 377
8.2.3 378
8.2.4 From HUF - Sec. 133(2) 378
8.2.5 From trustee, guardian or agent - Sec. 133(3) 378
8.2.6 From any assessee - Sec. 133(4) 378
8.2.7 From stock exchange etc. - Sec. 133(5) 379
8.2.8 From bank, etc. - Sec. 133(6) 379
8.2.9 Penalty 380
8.3 SURVEY
8.3.1 Why survey? 381
8.3.2 Who can survey? 382
8.3.3 Which premises can be surveyed? 383
8.3.4 Time of survey 383
8.3.5 Powers of survey authority 384
8.3.6 Duties of the person surveyed 385
8.3.7 Rights of the person surveyed 386
8.3.8 Survey in connection with TDS/TCS compliances 386
8.3.9 Survey to collect information about expenditure 386
8.3.10 Impounding books etc. In survey 386
8.3.11 Converting a survey into search 388
16. I-178
PAGE
8.3.12 Material found in illegal survey 388
8.3.13 Door-to-door survey 388
8.4 SEARCH & SEIZURE
8.4.1 Meaning & safeguards 390
8.4.2 Warrant of authorisation 391
8.4.3 Pre-search exercise 393
8.4.4 Who can execute a search warrant? 393
8.4.5 Rights of the search party 393
8.4.6 Rights of the person searched 395
8.4.7 Obligations of the person searched 397
8.4.8 Presence of consultant during search & seizure 398
8.4.9 Actual working of search & seizure 399
8.4.10 Recent amendments 403
8.4.11 Recording of statement during search & seizure 405
8.4.12 Surrender of income 406
8.4.13 Retraction 408
8.4.14 Presumption regarding valuables & documents found 408
8.4.15 No multiple additions 409
8.4.16 Seizure of third party valuables 411
8.4.17 Seizure of documents and extension 411
8.4.18 Restraint/Prohibitory order u/s 132(3) 412
8.4.19 Requisition from another authority u/s. 132A 412
8.4.20 Appropriation of seized valuables u/s. 132B 414
8.4.21 Challenging validity of search by writ 415
8.4.22 Material seized in illegal search 416
8.4.23 Power of arrest 417
8.4.24 Post-search assessment 417
8.4.25 Directions u/s. 144A 417
8.4.26 Settlement commission 417
8.4.27 Tips and traps 418
DIVISION NINE
TDS and TCS
9.1 TDS - DEDUCTION OF TAX AT SOURCE
9.1.1 No TDS from certain deductee 424
17. I-179
PAGE
9.1.2 Mandate to quote PAN (Section 206AA) 425
9.1.3 TDS from salaries (Section 192) 426
9.1.4 TDS from employees provident fund scheme - Section 192A 428
9.1.5 TDS from interest on securities (Section 193) 429
9.1.6 TDS from dividend (Section 194) 430
9.1.7 TDSfrominterestotherthaninterestonsecurities(Section194A) 430
9.1.8 Winnings from lottery etc. (Section 194B) 432
9.1.9 Winnings from horse race etc. (Section 194BB) 433
9.1.10 TDS from payment to contractors (Section 194C) 433
9.1.11 TDS from insurance commission (Section 194D) 436
9.1.12 TDS from payment of life insurance policy money on maturity -
(Section 194DA)
436
9.1.13 TDS from payment to non-resident sportsman or sport
association (Section 194E)
436
9.1.14 TDS from national savings scheme (Section 194EE) 437
9.1.15 TDSforrepurchaseofunitsofmutualfundofUTI(Section194F) 437
9.1.16 TDS from prize on lottery tickets (Section 194G) 437
9.1.17 TDS from commission or brokerage (Section 194H) 437
9.1.18 TDS from rent (Section 194-I) 438
9.1.19 TDS on payment on transfer of certain immovable property
other than agricultural land (Section 194-IA)
440
9.1.20 TDS from rent for individual and HUF (Section 194-IB) 440
9.1.21 TDS from income under developer agreement u/s. 45(5A)
(Section 194-IC)
440
9.1.22 TDSfromfeesforprofessional/technicalservices(Section194J) 441
9.1.23 TDS - Income from mutual fund units (Section 194K) 442
9.1.24 TDS - Compulsory acquisition of immovable property (Section
194LA)
442
9.1.25 TDS from interest from infrastructure debt fund (Section194LB) 443
9.1.26 TDSfromincomefromunitsofabusinesstrust(Section194LBA) 443
9.1.27 TDS from income in respect of units of investment fund (Section
194LBB)
443
9.1.28 TDS from income in respect of investment in securitization trust
(Section 194LBC)
443
9.1.29 TDS from income by way of interest from Indian company
(Section 194LC)
444
18. I-180
PAGE
9.1.30 TDS from income by way of interest on certain bonds and
government securities (Section 194LD)
444
9.1.31 TDS from payment of certain sums certain individuals or HUF
(Section 194M inserted by Finance Act, 2019 w.e.f. 1-9-2019)
445
9.1.32 TDS from payments of certain amounts in cash (Section 194N
substituted w.e.f. 1.7.2020)
445
9.1.33 TDS on e-commerce transactions (Section 194-O)- w.e.f.
1-4-2020
446
9.1.34 TDS from payments to non-residents (Section 195) 447
9.1.35 Income to be paid is “net of tax” (Section 195A) 450
9.1.36 TDS from income from units - sec. 196B 450
9.1.37 TDS from income from foreign currency bonds or shares of
Indian company (Section 196C)
451
9.1.38 TDSfromincomeofforeigninstitutionalinvestorsfromsecurities
(Section 196D)
451
9.1.39 Tax deducted is deemed income (Section 198) 451
9.1.40 Credit for tax deducted (Section 199) 452
9.1.41 Duty of person deducting tax (Section 200) 452
9.1.42 Fee for default in furnishing TDS return (Section 234E) 453
9.1.43 Consequences of failure to deduct or pay TDS (Section 201) 453
9.1.44 Reduction in rate of TDS due to COVID-19 Pandemic 454
9.2 TAX COLLECTION AT SOURCE - TCS
9.2.1 No TCS or TCS at lower rate in certain cases 456
9.2.2 458
9.2.3 TCS by licensor - Section 206C(1C) 459
9.2.4 TCS on sale of motor vehicle - Section 206C(1F) 459
9.2.5 TCSonremittanceunderliberalisedremittancescheme-Section
206C(1G) - Inserted w.e.f. 1-4-2020 (AY 2021-22)
460
9.2.6 TCS on sale of goods -section 206C(1H) - w.e.f. 1.04.2020 461
9.2.7 Pan by collectee for TCS compliance - section 206CC - Appli-
cable from 1-4-2017 as inserted by Finance Act, 2017
461
9.2.8 Seller - Meaning for provisions of TCS u/s. 206C(1), 206C(1C),
and 206C(1F)
462
9.2.9 Scrap - Meaning 462
9.2.10 Obligation for TCS 462
19. I-181
PAGE
DIVISION TEN
Recovery of Tax
10.1 RECOVERY OF TAX - GENERAL
10.1.1 Pendency of appeal etc. 464
10.1.2 Assessee in default 466
10.1.3 Consequences of being an assessee in default 467
10.2 STAY OF DEMAND
10.2.1 468
10.2.2 Seeking stay of demand 469
10.2.3 What to Emphasise for stay? 471
10.2.4 Provisions of section 220(6) v. 220(3) 472
10.2.5 Stay by CIT (Appeals) 472
10.2.6 Stay by ITAT 473
10.2.7 Writ jurisdiction 475
10.3 RECOVERY
10.3.1 Recovery of demand 476
10.3.2 Interest u/s. 220(2) 477
10.3.3 Special cases 477
10.3.4 478
DIVISION ELEVEN
Special Procedures
11.1 SFTRA - STATEMENT OF FINANCIAL TRANSACTION OR
REPORTABLE ACCOUNT
11.1.1 Objective - Curbing tax evasion 482
11.1.2 Persons required to furnish SFTRA 482
11.1.3 Nature of transactions covered 483
11.1.4 Furnishing SFTRA 484
11.1.5 Useful websites 485
11.1.6 Statement of donations/other sum received 485
11.2 AAR - AUTHORITY FOR ADVANCE RULING
11.2.1 Broad scheme 486
11.2.2 Terminology 487
20. I-182
PAGE
11.2.3 Procedure for obtaining an advance ruling 488
11.2.4 Questions on which advance ruling can be sought 489
11.2.5 Powers and order of AAR 489
11.3 A & D - AMALGAMATION AND DEMERGER
11.3.1 Purpose 492
11.3.2 “Amalgamation” also called merger means 492
11.3.6 “Undertaking” includes 493
11.3.7 Capital gains exempt 493
11.3.8 Carry forward of losses and depreciation of amalgamating
company
494
11.3.9 Carry forward of losses and depreciation of resulting company 494
11.3.10 Amortisation of A&D expenditure 494
11.3.11 Depreciation in year of A&D 495
11.3.12 Actual cost 495
11.3.13 Written down value (WDV) 495
11.3.14 495
11.3.15 Provisions for shareholders of A&D company 496
11.3.16 496
11.4 AOP - ASSOCIATION OF PERSONS
11.4.1 What is an association of persons? 497
11.4.2 How to form an AOP? 498
11.4.3 Unity of purpose 498
11.4.4 Minor - Member of an AOP 498
11.4.5 Taxation of an AOP 498
11.5 FIRM
11.5.1 What is partnership? 501
11.5.2 Who can become a partner? 501
11.5.3 Essentials of valid partnership 501
11.5.4 Formation of partnership 502
11.5.5 Partnership deed 502
11.5.6 Contents of partnership deed 502
11.5.7 Admission 503
11.5.8 Retirement 503
11.5.9 503
11.5.10 504
21. I-183
PAGE
11.5.11 Tips and traps 505
11.5.12 506
11.5.13 507
11.5.14 Interest and remuneration to partners 507
11.5.15 No double taxation 508
11.5.16 Presumptive income 508
11.6 LLP - LIMITED LIABILITY PARTNERSHIP
11.6.1 What is limited liability partnership? 510
11.6.2 510
11.6.3 Who can become a partner? 512
11.6.4 Essentials of valid LLP 513
11.6.5 Constitution of LLP 513
11.6.6 LLP agreement 513
11.6.7 Contents of LLP agreement 514
11.6.8 Incorporation of LLP 515
11.6.9 Admission 515
11.6.10 Cessation of partnership interest 515
11.6.11 515
11.6.12 Conversion of company into LLP 516
11.6.13 Winding up, dissolution and striking off the name 517
11.6.14 Tips and traps 518
11.6.15 Taxation of LLP 519
11.6.16 Rate of tax 519
11.6.17 Interest and remuneration to partners 520
11.6.18 No double taxation 520
11.6.19 Presumptive taxation 520
11.6.20 Signing of income tax return 520
11.6.21 Liability of partners in liquidation 520
11.6.22 520
11.6.23 Conversion of company into LLP : tax implications 521
11.6.24 Alternate minimum tax 523
11.7 TRUST, MUTUALITY, CHARITY
11.7.1 Trust 526
11.7.2 Creation of a trust 527
11.7.3 Instrument of trust deed 528
22. I-184
PAGE
11.7.4 Mutuality 530
11.7.5 Income exempt u/s. 10 531
11.7.6 533
11.7.7 Various registrations 533
11.7.8 Forms of organization 533
11.7.9 Society 533
11.7.10 Company u/s. 8 535
11.7.11 Deity, debuttar 535
11.7.12 Broad scheme of taxation of charity 536
11.7.13 Charitable Purpose u/s. 2(15) 537
11.7.14 Voluntary contributions u/s. 2(24)(iia) 540
11.7.15 Application of income u/s. 11 541
11.7.16 Corpus donations u/s. 11(1)(d) 545
11.7.17 Capital gains u/s. 11(1A) 546
11.7.18 Accumulation u/s. 11(2) 546
11.7.19 Investment by the institutions u/s. 11(5) 547
11.7.20 Registration u/s. 12A/12AB 549
11.7.21 Disabling provisions u/s. 13 552
11.7.22 Religious institutions u/s. 13(1)(a),(b) 555
11.7.23 Section 80G 556
11.7.24 Anonymous Donation u/s. 115BBC 558
11.7.25 Rate of tax u/s. 164 559
11.7.26 Business by charitable institution 559
11.7.27 Accounts and audit 560
11.7.28 Return of income 561
11.7.29 TDS 561
11.7.30 Conversion of the trust or institution - w.e.f. 1.6.2016 562
11.7.31 Foreign Contribution (Regulation) Act, 1976 562
11.8 HUF - HINDU UNDIVIDED FAMILY
11.8.1 Hindu Undivided Family (HUF) 568
11.8.2 568
11.8.3 Creation of HUF 572
11.8.4 Hindu 573
11.8.5 Hindu law 573
11.8.6 Mitakshara v. Dayabhaga 574
23. I-185
PAGE
11.8.7 HUF v. Co-parcenary 575
11.8.8 Family, karta & members 576
11.8.9 HUF property 577
11.8.10 Blending 578
11.8.11 Gift to or by HUF 579
11.8.12 Stridhan 580
11.8.13 Partition 580
11.8.14 Receipt by a member from HUF income 583
11.8.15 Salary, commission, etc. 583
11.8.16 Effect of Hindu Succession Act 584
11.8.17 Reunion of HUF 585
11.9 NR - NON-RESIDENT
11.9.1 Broad principles 586
11.9.2 Recent changes in income accrue or arise in India 587
11.9.3 Presumptive taxation of business income of non-resident 590
11.9.4 Other Special provisions for Business Income of Non-resident
etc.
590
11.9.5 Special rates of tax in respect of certain income 590
11.9.6 TDS borne by the payer 592
11.9.7 “Actual cost” of asset brought into India by non-resident 593
11.9.8 Capital gains on shares and debentures in Indian company 593
11.9.9 Taxation of non-resident Indians 593
11.9.10 Special rates of tax for non-resident Indians 594
11.9.11 Applicability of Chapter XIIA after becoming resident 594
11.10 TRANSFER PRICING
11.10.1 Purpose 597
11.10.2 Terminology 597
11.10.3 Computation of Income arising from International Transaction 598
11.10.4 Methods of computation of arm’s length price 599
11.10.5 Choosing the most appropriate method 600
11.10.6 601
11.10.7 602
11.10.8 Procedure after a reference is received 603
11.10.9 603
11.10.10 Information and documents to be maintained 603
24. I-186
PAGE
11.10.11 Report of chartered accountant 604
11.10.12 Penalties 604
11.10.13 When arm’s length price not to be determined? 605
11.10.14 Attribution of income in case of PE of a non-resident 605
11.11 DRP - DISPUTE RESOLUTION PANEL
11.11.1 Purpose 606
11.11.2 Objective 607
11.11.3 Eligible assessee - IT means 607
11.11.4 Scheme of DRP 607
11.11.5 Rules and procedures 608
11.11.6 Constitution of the panel 608
11.11.7 609
11.11.8 Additional evidence 610
11.11.9 Issue of directions 610
11.11.10 Abatement of proceedings 610
11.11.11 Assessment order 610
11.11.12 611
11.11.13 Appeal against assessment order 611
DIVISION TWELVE
Approvals
12.1 DICTIONARY MEANING 612
12.2 PURPOSE 613
12.3 ADMINISTRATIVE OR INTERNAL APPROVALS
12.3.1 Section 33AB(1) - Tea/Coffee/Rubber Development Account 613
12.3.2 Authorization of a Search - Section 132 613
12.3.3 Power of Survey - Proviso to Section 133A 614
12.3.4 Survey - Retention of Books - Section 133A(3)(ia)(b) 614
12.3.5 Calling statement of Assets - Section 142(1) Proviso (a) 614
12.3.6 Special Audit - Section 142(2A) 615
12.3.7 Reopening of Assessment - Section 151 615
12.3.8 Post Search Assessment - Section 153D 615
12.3.9 Provisional attachment - Section 281B 615
25. I-187
PAGE
12.4 APPROVALS BY CENTRAL GOVERNMENT ETC.
12.4.1 Leasing Aircraft - Section 10(6BB) 616
12.4.2 Engagement of Technical Assistants - Section 10(8A) etc. 616
12.4.3 Professional Body - Section 10(23A), proviso 1(ii) 616
12.4.4 LIC Pension Fund - Section 10(23AAB)(ii) 617
12.4.5 Khadi/Village Industries Promotion - Section 10(23B) 617
12.4.6 Venture Capital Co./Fund - Section 10(23FB) 617
12.4.7 Health Insurance - Section 17(2) 617
12.4.8 Site Restoration Fund - Section 33ABA(1)(a) 617
12.4.9 618
12.4.10 Eligible Project - Section 35AC(1), Rule 11L 618
12.4.11 Special Business - Section 35AD(2)(iii)(b) 618
12.4.12
36(1)(viii)
618
12.4.13 Turnkey Power Projects by Foreign Co. - Sec. 44BBB 619
12.4.14 Investment in bonds - Sec. 54EC 619
12.4.15 Amalgamation/Demerger - Sec. 72A 619
12.4.16 Demerger of Companies u/s 72A(5) - Sec. 2(19AA)(vii) 619
12.4.17 ForeignCompanies-Concessionalrateof Tax-Sec.115A(1)(b) 620
12.5 APPROVAL BY CHIEF CIT, DG ETC.
12.5.1 Approved Gratuity Fund - Sec. 2(5) Part C of Fourth Schedule 620
12.5.2 Approved Superannuation fund - Sec. 2(6) Part B of Fourth
Schedule
620
12.5.3 Recognition of Provident Fund - Sec. 2(38) Part A, Fourth
Schedule
620
12.5.4 Fund established for Employees welfare - Sec. 10(23AAA)(b)
Rule 16C, Form No. 9
621
12.5.5 Fund or trust or institution - Sec. 10(23C)(iv)/(v)/(vi)/(via) 621
12.5.6 Trust - Procedure for Registration - Sec. 12AB Rule 17A, Form
10A
621
12.5.7
(ii)(b) Rule 3A(i)
621
12.5.8 Certain Funds and Charitable Institution - Sec. 80G(5)(vi) Rule
11AA, Form 10G
622
12.5.9 Power to reduce or waive penalty, or interest - Sec. 273A 622
12.6 SOME APPROVALS SUN-SET BY NOW 622
26. I-188
PAGE
DIVISION THIRTEEN
STT, DDT, Tax on Liquidation, Reduction and Buy Back,
MAT, AMT and WT
13.1 SECURITIES TRANSACTION TAX - STT COMMODITIES
TRANSACTION TAX - CTT
13.1.1 Broad scheme 625
13.1.2 626
13.1.3 Rate of security transaction tax 626
13.1.4 Value of taxable securities transaction 627
13.1.5 Collection and payment 628
13.1.6 Filing of return and penalty 628
13.1.7 Commodity transaction tax - CTT 629
13.1.8 629
13.1.9 Rate of commodity transaction tax - w.e.f. 1.4.2020 630
13.1.10 Collection and payment 630
13.1.11 Filing of Return and Penalty 631
13.2 DIVIDEND DISTRIBUTION TAX - DDT
13.2.1 Broad scheme of DDT u/s. 115-O 632
13.2.2 Deemed dividend u/s. 2(22) 633
13.2.3 Rates of dividend distribution tax 634
13.3 TAX ON LIQUIDATION, REDUCTION AND BUY BACK
13.3.1 Liquidation of companies and taxability 635
13.3.2 Reduction of share capital and taxability 636
13.3.3 Capital Gains on Purchase by Company of its own Shares or 637
13.4 MINIMUM ALTERNATE TAX - MAT
13.4.1 Applicability 639
13.4.2 639
13.4.3 MAT credit sec. 115JAA 643
13.4.4 Other provisions of MAT 644
13.4.5 Decisions 644
13.5 ALTERNATE MINIMUM TAX - AMT
13.5.1 Broad scheme u/s. 115JC 645
27. I-189
PAGE
13.5.2 Applicability of AMT 646
13.5.3 Adjusted total income - ATI 646
13.5.4 Tax credit of AMT u/s. 115JD 646
13.5.5 Other provisions of AMT 647
DIVISION FOURTEEN
RTI, Ombudsman
14.1 RTI - RIGHT TO INFORMATION
14.1.1 Right to information - General 649
14.1.2 Rights to citizens 651
14.1.3 Scope 651
14.1.4 Process 651
14.1.5 Time limits for replying 652
14.1.6 Fees for information 652
14.1.7 Partial disclosure 653
14.1.8 Exclusion of certain agencies 653
14.1.9 Information exclusions 654
14.1.10 Filling of appeal 655
14.1.11 Filing of complaints 656
14.1.12 Role of the government 656
14.1.13 Power to make rules 657
14.1.14 Links to web 657
14.2 OMBUDSMAN
14.2.1 Introduction 658
14.2.2 Income tax ombudsman 659
14.2.3 Objective behind the guidelines 659
14.2.4 Disputes to be considered by ombudsman 659
14.2.5 Power and duties 660
14.2.6 Applying to ombudsman 661
14.2.7 Time limit for making the application 661
14.2.8 Bar against complaint 662
14.2.9 Procedure 662
14.2.10 Details required for the application 662
14.2.11 Proceedings before the ombudsman 662
28. I-190
PAGE
14.2.12 Award 663
14.2.13 List of income tax ombudsman 664
DIVISION FIFTEEN
Drafting of Deeds
15.1 Introduction 668
15.2 Document 669
15.3 Deeds poll and indenture 669
15.4 Stages in business contracts 669
15.5 Simple words 670
15.6 Figures and words 670
15.7 Components or parts of a document 670
15.8 Non-operative parts of a deed 670
15.9 Operative parts of a deed 673
15.10 Stamp duty 675
15.11 Registration 676
15.12 Precautions 677
DIVISION SIXTEEN
Agreement, MOU
16.1 Agreement - Meaning of 679
16.2 When agreement deemed to be void 679
16.3 Who can sign an agreement 679
16.4 An agreement does not require attestation 679
16.5 Stamp duty on agreement differs from State-to-State 679
16.6 Registration in case of Immovable property worth 100 crore or
more compulsory
680
16.7 Some MOU’s/agreements appended as case studies to instant
Chapter
680
DIVISION SEVENTEEN
Gift, Wills, Family Arrangements
17.1 GIFT
17.1.1 Gift - General 682
17.1.2 Taxation of gifts 683
29. I-191
PAGE
17.1.3 685
17.1.4 Burden to prove genuineness of gift 685
17.2 WILLS
17.2.1 Introduction 687
17.2.2 Terminology 687
17.2.3 What is a will? 688
17.2.4 Codicil 688
17.2.5 Will v. Nomination 689
17.2.6 Kinds of wills 689
17.2.7 Who can make a will? 690
17.2.8 Law governing testator 690
17.2.9 Effect of muslim law 690
17.2.10 Execution 690
17.2.11 Attestation 691
17.2.12 Revocation and revival 691
17.2.13 Deposit and registration 691
17.2.14 Probate 691
17.2.15 Interpretation of wills 691
17.2.16 Disadvantages of will 692
17.2.17 Discretionary trust by will 692
17.3 FAMILY ARRANGEMENTS
17.3.1 Introduction 693
17.3.2 Characteristics of a family arrangement 694
17.3.3 Registration 694
DIVISION EIGHTEEN
Power of Attorney etc.
18.1 POWER OF ATTORNEY
18.1.1 Power of attorney governed by Act of 1882 697
18.1.2 697
18.1.3 Who can execute a power of attorney 697
18.1.4 Exceptions 697
18.1.5 697
18.1.6 697
30. I-192
PAGE
18.1.7 Drafting of ‘POAs’ 697
18.1.8 Stamp duty on ‘POA’ 698
18.1.9 When its authentication is necessary 698
18.1.10 When its registration is compulsory 698
18.2 INDEMNITY AND GUARANTEE
18.2.1 Indemnity 699
18.2.2 Indemnity v. Guarantee 699
18.2.3 Clause for indemnity 700
18.2.4 Separate bond 700
18.2.5 Registration 700
DIVISION NINETEEN
Lease, Rent, License etc.
19.1 Lease 702
19.2 Rent 702
19.3 Leave & License 703
19.4 Lease v. License 703
19.5 Advantages of lease 704
DIVISION TWENTY
Sale/transfer of properties
20.1 MOVABLE PROPERTY
20.1.1 What are movables? 706
20.1.2 Meaning of sale 707
20.1.3 Who can enter into a transaction for sale? 707
20.1.4 707
20.1.5 Stamp duty on sale deed of movables 708
20.1.6 Assignment 708
20.1.7 Stamp duty and attestation 708
20.1.8 Registration 708
20.2 IMMOVABLE PROPERTY
20.2.1 Meaning of immovable property 709
20.2.2 Conveyance v. Agreement 710
20.2.3 Stamp duty 710
31. I-193
PAGE
20.2.4 Registration 712
20.2.5 Immovable property transactions 712
20.2.6 Developer agreement 713
20.2.7 Organizer’s arrangements 715
20.2.8 Tenanted property 716
20.2.9 Tips and traps 716
20.3 TAXATION OF IMMOVABLE PROPERTY TRANSACTIONS
20.3.1 Tax implications 718
20.3.2 Capital gains 719
20.3.3 Notional sale consideration u/s. 50C 723
20.3.4 Exemption for investment 727
20.3.5 Business income 731
20.3.6 Deductions u/s. 80-IBA etc. 732
20.3.7 Developer agreement 732
20.3.8 Partner’s contribution - Whether taxable? 734
20.3.9 Contribution to LLP 735
20.3.10 Family arrangement 737
20.3.11 Tips and traps 737
DIVISION TWENTY ONE
Tax Audit
21.1 Meaning of Audit 738
21.2 Objective 739
21.3 Applicability of Tax Audit (Section 44AB) 739
21.4 740
21.5 Reporting 741
21.6 Due dates of Tax Audit 741
21.7 Penalty for non-compliance (Section 271B) 742
21.8 Tax Audit Checklist for Professionals 742
21.9 Documentation for Tax Audit 743
21.10 Compliance with Standards of Auditing in Tax Audit 743
32. I-194
PAGE
DIVISION TWENTY TWO
Income Computation & Disclosure Standards
22.1.1 Why ICDS? 749
22.1.2 Applicability 749
22.1.3
tion and disclosure standards
749
22.1.4 751
22.1.5 Income computation and disclosure standard I : Accounting
policies
752
22.1.6 Income computation and disclosure standard II : Valuation of
inventories
753
22.1.7 Income computation and disclosure standard III : Construction
contracts
756
22.1.8 Income computation and disclosure standard IV : Revenue
recognition
759
22.1.9
assets
761
22.1.10 Income computation and disclosure standard VI : Effect of
change in foreign exchange rates
763
22.1.11 Income computation and disclosure standard VII : Government
grants
765
22.1.12 Income computation and disclosure standard VIII : Securities 768
22.1.13 IncomecomputationanddisclosurestandardIX:Borrowingcost 769
22.1.14 Income computation and disclosure standard X : Provisions,
contingent liabilities and contingent assets
771
DIVISION TWENTY THREE
Real Estate (Regulation and Development) Act, 2016
(RERA)
23.1 Why RERA? 777
23.2 Introduction of RERA, 2016 777
23.3 777
23.4 Registration (Section 3) 779
23.5 Application for registration (Section 4) 780
23.6 Extension and revocation of registration 782
23.7 Audit of accounts 783
33. I-195
PAGE
23.8 Registration and functions of real estate agent (Sections 9 & 10) 784
23.9 Functions and duties of promoters 785
23.10 Other obligations of promoters 787
23.11 789
23.12 Functions of authority 789
23.13 Powers of authority 790
23.14 791
23.15 Appeals to appellate tribunal 791
23.16 Representation by professionals 792
23.17 Appeal to High Court 792
23.18 Offences, penalties and imprisonment 792
23.19 Adjudication of compensation 794
23.20 795
DIVISION TWENTY FOUR
E-Proceedings under the Income Tax Act, 1961
24.1.1 Introduction 797
24.1.2 Income Tax Business Application 797
24.1.3 Assessment through E-proceedings facility 798
24.1.4 E-Nivaran Scheme 799
24.1.5 Faceless Assessment - Sub-sections (3A), (3B) and (3C) of
Section 143
800
24.1.6 E-Assessment Scheme, 2019 800
24.1.7 Few Types of Error Codes and their Resolutions 806
DIVISION TWENTY FIVE
Prohibition of Benami Property Transactions Act, 1988
25.1.1 Introduction 810
25.1.2 810
25.1.3 Prohibitions under Benami Act 812
25.1.4 Authorities and Jurisdiction 813
25.1.5 NoticeandattachmentofpropertyinvolvedinBenamitransaction 815
25.1.6 Manner of Service of notice 817
25.1.7 Adjudication of Benami property 817
25.1.8 819
34. I-196
PAGE
25.1.9 819
25.1.10 Procedure and Powers of Appellate Tribunal 820
25.1.11 Appeals to Appellate Tribunal 820
25.1.12 821
25.1.13 Right to Representation 821
25.1.14 Appeal to High Court 822
25.1.15 Penalties under Benami Act 822
25.1.16 Proof of entries in records or documents and Previous Sanction 823
25.1.17 Certain Transfers to be null and void 823
25.1.18 Offences by Companies 824
25.1.19 Notice not to be invalid on certain grounds 824
25.1.20 Prosecution of action taken in good faith 824
25.1.21 Proceeding against legal representative 824
25.1.22 Act to have overriding effect 825
Book Two : Tax Practice
DIVISION TWENTY SIX
Tax Practice
26.1 Form 39 831
26.2 833
26.3 834
26.4 Form 40 835
26.5 Form 38 836
26.6 Letter of engagement (from client to the tax practitioner) 837
26.7 ScheduleofrecommendedfeesbyICAI(theinstituteofchartered
accountants of India)
840
26.8 Power of attorney : General 853
26.9 855
26.10 Vakalatnama 856
26.11 Time sheet 858
26.12 859
26.13 861
26.14 862
35. I-197
PAGE
26.15 SMS 864
26.16 Case diary 865
26.17 Message slip 866
26.18 Daily report 867
26.19 Dispatch register 868
26.20 Inward register 869
26.21 Due date register 870
26.22 Memo : Presence required 871
26.23 Memo : Forwarding etc. 873
26.24 Memo : Requisition 875
DIVISION TWENTY SEVEN
Pre-Assessment Procedures
27.1 Proforma of Notice u/s. 210(3) 877
27.2 Draft Reply to Notice issued u/s. 210(3) after the last day of
February
878
27.3 Draft Reply to Notice issued u/s. 210(3) and advance tax paid 880
27.4 PAN Application - Instructions 881
27.5 TAN Application - Instructions 887
27.6 Correction/change in PAN data or surrender of PAN 888
27.7 Correction/change in TAN data or surrender of TAN 898
27.8 Notice u/s. 272B for having Duplicate PAN 899
27.9 Reply to Notice issued u/s. 272B 900
DIVISION TWENTY EIGHT
Assessment - Principles and Issues
28.1 Basics - Assessment Procedure
28.1.1 Notices, Compliances 904
28.1.2 Adjournment, Authorized Representative, Order Sheet 920
28.2 Scrutiny Assessment - Tools 927
28.2.1 Enquiry, Summons 927
28.2.2 930
28.2.3 Directions by Joint CIT - Sec. 144A 937
28.2.4 Special Audit - Sec. 142(2A) 941
28.2.5 Survey 944
36. I-198
PAGE
28.3 Scrutiny Assessment - Issues 970
28.3.1 Bogus, Benami Transactions 970
28.3.2 Method of Accounting, Book Result, Stock Valuation 976
28.3.3 Cash Credits, Share Capital, Gift 1016
28.3.4 Disallowance of Expenses, Losses 1033
28.3.5 Unexplained - Expenditure 1056
28.3.6 Unexplained - Investment 1067
28.4 Re-opening of Assessment 1109
28.5 Post-search Assessment 1137
DIVISION TWENTY NINE
29.1 Credit not allowed for TDS in intimation u/s. 143(1) 1176
29.2 Interest wrongly charged u/s. 234B/234C 1178
29.3 Error of principle - Same income considered twice 1180
29.4 Deduction u/s. 80-IAC not increased and Totalling Mistake 1182
29.5
claimed in the return of income with reference to business
income as assessed
1184
29.6 Set off not allowed for brought forward losses in the past 1186
29.7 Excessive Interest charged while giving effect to ITSC Order 1188
DIVISION THIRTY
Revision
30.1 Ad hoc
has expired
1193
30.2 Disallowance out of expenses - Deduction u/s. 80HHC not
increased correspondingly
1199
30.3 Addition for low withdrawals and deduction u/ss. 80TTA and
80G not granted
1203
30.4 Revision Petition to challenge 1206
Lump Sum addition 1206
Ad hoc Disallowances 1206
30.5 Assessee’s income from retail trade and covered by sec. 44AF
- Ad hoc disallowance out of expenses
1209
30.6 Explanation in response to Notice u/s. 263 - No interest offered
on FDR of ` 1 Crore
1212
37. I-199
PAGE
30.7 CIT proposes 263 against post search assessment 1214
30.8 Disallowance under section 36(1)(iii) cannot be attracted where
own surplus fund has been utilised to give interest free loans
to its sister concern
1221
DIVISION THIRTY ONE
Appeals to CIT(Appeals)
31.1 Reconciliation of Income Returned and Assessed 1228
31.2 Ad hoc disallowances out of manufacturing and administrative 1230
31.3 Surrender of ` 15,00,000 during search retracted - Retraction 1239
31.4 Assessment reopened - Income of Benamidar included in
reassessment - Filing of Appeal
1242
31.5 Books of account rejected and income estimated by invoking
sec. 145 read with sec. 144 - Routine disallowance of expenses
- Filing of appeal before CIT(Appeals)
1246
31.6 1250
31.7 Condonation of delay 1251
31.8 Additional grounds of appeal before CIT (Appeals) 1253
31.9 Additional evidence - Rule 46A 1255
31.10 Ad hoc 1257
31.11 Written submissions before CIT (Appeals) 1259
31.12
nature and alleged personal use
1263
31.13 Petition to grant stay of demand 1266
31.14 Disallowances and Addition for low withdrawals - Draft of First
Appeal
1268
31.15 Power of Attorney to argue before CIT (Appeals) 1272
31.16 Material privately obtained by AO - Used without giving
opportunity to the assessee
1274
31.17 Disputes in the Directors of the Company - Inability to produce
record before AO
1276
31.18 Withdrawal of appeal before CIT (Appeals) 1279
31.19 Order by CIT (Appeals) granting withdrawal of appeal 1280
31.20 The authorities have to be guided by the legal evidence and
not on general observations based on statements, reports
from investigation wing probabilities, human behaviour, modus
operandi etc.
1281
38. I-200
PAGE
DIVISION THIRTY TWO
Appeals to - ITAT - High Court - Supreme Court
32.1 Appellate Tribunal Check List - Proforma 1286
32.2 Appellate Tribunal Check List - Filled in 1288
32.3 Filing an appeal before ITAT 1289
32.4
before ITAT
1293
32.5 Power of Attorney to argue ITAT appeal 1295
32.6 Paper Book Index 1297
32.7 Filing Cross Objections to ITAT 1299
32.8 Petition for delay condonation 1301
32.9 Stay Petition before Appellate Tribunal 1303
32.10 Additional grounds of appeal and additional evidence 1306
32.11 1309
32.12 Written Submissions before ITAT 1312
32.13 Objections to departmental Paper Book 1320
32.14
relevant documents
1323
32.15 Request for preponement 1326
32.16 Compilation of decisions relied upon 1327
32.17 Another Compilation - Additional Evidence 1329
32.18 Effect to ITAT Order 1330
32.19 Appeal to High Court against ITAT Order 1333
32.20 SLP - Settlement Commission could not dispose off by the
cut off date - Abatement of the proceedings to AO as per sec.
245HA - High Court declined to interfere
1336
DIVISION THIRTY THREE
Interest Payable by Assessee
33.1 Higher interest charged by AO 1341
DIVISION THIRTY FOUR
Penalties
34.1 Keeping penalty proceedings in abeyance : Brief Petition 1346
39. I-201
PAGE
34.2 Keeping penalty proceedings in abeyance : Detailed Petition 1348
34.3 Routine Disallowances out of Expenses - Concealment 1351
34.4 Penalty u/s. 271(1)(c) - Explanation on Merits 1352
34.5 c) - Addition
because method of accounting is changed by the Assessing
1356
34.6 FirstAppeal partly allowed - Both the assessee and department
Explanation on merits
1359
34.7 Concealment penalty - Addition of ` 2 Lac on agreed basis 1367
34.8 Loss reduced on assessment - Old decisions in favour of no
in Explanation 4 to sec. 271(1)(c) w.e.f. 1.4.2003 - Whether
applicable to assessment year 2002-03 for which assessment
is completed in March, 2006
1369
34.9 Dropping the penalty proceedings u/s. 271AAC as addition u/s.
68 is not tenable
1371
34.10 Applicationtograntimmunityfromimpositionofpenaltyu/s.270A 1374
34.11
imposition of penalty under section 270A and from initiation of
proceedings under section 276C or section 276CC shall be
made in Form No.68
1376
DIVISION THIRTY FIVE
Prosecution
35.1 HearingopportunitybyCITbeforelaunchingprosecution-Filing
of petition
1378
35.2 1381
35.3 Compounding Petition 1382
DIVISION THIRTY SIX
Refunds
36.1 Revalidation of Refund Voucher 1386
36.2 Proforma of Indemnity Bond 1387
36.3 Letter of Grievance 1388
36.4 Refund due to Order of CIT(Appeals) 1389
36.5 Refund Voucher lost by bank 1390
40. I-202
PAGE
36.6 Indemnity Bond - Refund Voucher lost by bank 1392
36.7 Petition for fresh refund in case of deceased 1393
36.8 Indemnity Bond by Legal Heir 1395
36.9 1396
36.10 Refund - Due to claim of advance tax not taken in Return of
Income
1398
DIVISION THIRTY SEVEN
Settlement of Cases
37.1 Covering Letter to Settlement Application 1400
37.2 Settlement Application - Form 34B 1402
DIVISION THIRTY EIGHT
Survey
38.1 Survey u/s. 133A - Books of account and other documents
impounded - Statements recorded - Inspection, photocopy and
1404
38.2 Survey u/s. 133A - No proceeding pending - Release of
impounded books etc.
1407
38.3
account etc. impounded u/s. 133A
1409
38.4 Actual release of books of account etc. u/s. 133A by Assessing 1410
DIVISION THIRTY NINE
Search & Seizure
39.1 Ground Rules for Searches and Seizures 1413
39.2 Seizure of Ornaments - CBDT Circular 1417
39.3 Performa of Search Warrant 1418
39.4 Preliminary Statement of person searched before actual
commencement of search
1421
39.5 Language in which statement can be recorded 1422
39.6 Search party asking for some minute details towards the close
of the search when the person is exhausted
1423
39.7 Unlikeable situation may surface such as incomplete cash book 1424
39.8 Requisition of books of account of earlier years 1425
41. I-203
PAGE
39.9 Incomplete and haphazard data on computer 1426
39.10 Purchase of immovable property 1428
39.11 Enquiry about jewellery - Whether new? 1429
39.12 Purchase of agricultural land by minors, gift received and gift
given
1431
39.13 An irrelevant question by the search party 1432
39.14 Surrender of income to seek immunity from penalty for
concealment in the case of a search
1433
39.15 Surrender of income to seek immunity from penalty for
concealmentinthecaseofasearchbyharmonizingvariousitems
1434
39.16 Panchnama - Search & Seizure action u/s. 132 1436
39.17 1440
39.18 Annexure for Books of Account etc. 1442
39.19 Annexure for Bullion/Jewellery 1443
39.20 Annexure for Cash 1444
39.21 Annexure for Other Assets 1445
39.22 Annexure for Stock 1446
39.23
of statements recorded
1447
39.24 Restraint Order u/s. 132(3) - Proforma 1449
39.25 Life of Restraint Order u/s. 132(3) 1451
39.26
for its formal recall for payment of maturity value of NSCs
1453
39.27 Omnibus or highly generalised restraint order to bank 1455
39.28 Restraint order for bank account of persons not searched, etc. 1458
39.29 Restraint order issued for disclosed bank accounts 1460
39.30 1462
39.31 Restraint order issued for stock in trade and sealing of
warehouses
1465
39.32 Restraint order issued for residential house and its sealing 1468
39.33 Revoking Restraint order u/s. 132(3) 1471
39.34 Search and Seizure - Cash Seized - Release for adjustment
tax liabilities
1473
39.35 Request for release of assets seized for payment of tax 1475
39.36 Release of Jewellery against Bank Guarantee 1477
39.37 Request for release of seized valuables - All assessments
completed - Due taxes paid
1479
42. I-204
PAGE
39.38 Interest u/s. 244A on cash kept deposited in PD Account 1481
39.39 Requisition u/s. 132A - Proforma of Warrant 1483
39.40 Proforma of notice u/s. 153A(a) 1485
39.41 Objection to notice u/s. 153A(a) and request for inspection,
copy etc.
1487
39.42 Formal compliance of notice u/s. 153A 1490
39.43 Assessee not aware of requisition u/s. 132A - Notice from 1492
39.44 Requisition u/s. 132A - Cash seized by police handed over in
supurdagi of Court - Objections before Court
1494
DIVISION FORTY
Tax Deduction at Source
40.1 Proforma of Notice u/s. 201(1) 1501
40.2 Proforma of Report of Short Deduction/Collection 1503
40.3 Proforma of Report for Challans mis-match 1505
40.4 Reply to the Notice u/s. 201(1) 1506
40.5 Proforma of Order u/s. 201(1) 1508
40.6 ShortfallindeductionofTDSdueto wrongimpression,
under wrong provision of TDS, don’t attract disallowance
u/s 40(a)(ia)
1510
DIVISION FORTY ONE
Recovery of Tax
41.1
CIT (Appeals)
1512
41.2 Stayofconcealmentpenaltywhenitsquantumappealisdecided
in assessee’s favour
1515
41.3 Where appeal decided in assessee’s favour in earlier years -
Stay of Demand
1517
41.4 1520
41.5 Release of Attachment made u/s. 226(3) 1522
DIVISION FORTY TWO
Trust, Mutuality, Charity
42.1 Charitable Trust Deed 1523
42.2 Corpus Donation Letter 1533
43. I-205
PAGE
DIVISION FORTY THREE
Firm
43.1 Simple Partnership Deed 1534
43.2 Partnership Deed for a new Firm 1537
43.3 Partnership Deed upon conversion of proprietary business into
a partnership
1544
43.4 Covering letter to Client 1550
43.5 Retirement Deed for a Partnership Firm 1551
43.6 PartnershipDeedforrecordingchangeinconstitutiononaccount
of simultaneous admission and retirement of partners
1555
43.7 Notice by Minor upon attaining majority 1562
43.8 Public Notice of Dissolution 1563
43.9 Dissolution Deed for a Partnership Firm 1564
DIVISION FORTY FOUR
LLP - Limited Liability Partnership
44.1 Simple LLP Agreement 1569
44.2 LLP Agreement for a new LLP 1579
44.3 LLP Agreement on conversion 1591
44.4 Covering letter to client 1601
44.5 Consent letter of partner being an individual 1603
44.6 Consent letter of designated partner being an individual 1604
44.7 Consent letter of partner in capacity of a nominee of a company 1605
44.8 Consent letter of designated partner in capacity of a nominee
of a company
1606
44.9 Resolutionbycompanytobecomepartnerandappointnominee 1607
44.10 1608
44.11 Resolution to ratify the LLP Agreement 1610
44.12 Subscriber Sheet 1611
DIVISION FORTY FIVE
Right to Information - RTI
45.1 Form of Application 1612
45.2 Intimation for deposit of further fee 1614
44. I-206
PAGE
45.3 Form of Notice to third party 1615
45.4 1616
45.5 Forwarding of Application - Appeal 1618
45.6 Form of supply of information to the applicant 1620
45.7 Rejection Order 1622
45.8 Form of Appeals 1623
DIVISION FORTY SIX
Agreement, MOU
46.1 Awarding Contract by Government Corporation 1624
46.2 Selling Agency Agreement 1633
46.3 Agreement between a company and its director to be appointed
as an employee to create employer-employee relationship
1637
46.4 Showroom space in Multiplex 1640
46.5 Corporate Sponsorship Agreement 1643
DIVISION FORTY SEVEN
AOP - Association of Persons
47.1 Formulation of Association of persons (AOP) 1646
DIVISION FORTY EIGHT
HUF - Hindu Undivided Family
48.1 Memorandum of total partition 1652
48.2 Petition u/s. 171 1656
48.3
of claim of partition of the HUF
1658
48.4 Compliance to Notice u/s. 171(2) by members of HUF 1660
48.5 Order u/s. 171 1662
48.6 Memorandum of Reunion 1663
DIVISION FORTY NINE
GIFT
49.1 1665
49.2 Memorandum for gift of Security 1667
45. I-207
PAGE
49.3 1669
49.4 1671
49.5 1673
49.6 Gift Deed for Gift by Cheque 1675
49.7 Gift by HUF of Mama - Taxability 1677
49.8 Section 68 additions not tenable on grounds that relatives gave
gift without any occasion
1679
DIVISION FIFTY
Wills
50.1 Simple Will giving entire Estate to wife 1681
50.2 Legacy in favour of various family members 1683
50.3 Joint Will of husband and wife 1685
DIVISION FIFTY ONE
Family Arrangements
51.1 Memorandum of Family Arrangement between 2 Separate
Families
1687
51.2 Partnership - Family Arrangement for immovable property 1692
DIVISION FIFTY TWO
Power of Attorney
52.1 General Power of Attorney by a lady proprietress 1696
52.2 Power of Attorney by Karta of HUF 1699
52.3 Special Power of Attorney 1702
52.4 General Power of Attorney by a Firm to its employee 1704
52.5 Special Power of Attorney to execute a Sale Deed 1707
DIVISION FIFTY THREE
Indemnity and Guarantee
53.1 Indemnity Bond for Refunds due (Apart from Interest) 1709
53.2 Indemnity by a Partner Retaining Assets and Liabilities to 1711
53.3 Indemnity to Bank 1713
46. I-208
PAGE
DIVISION FIFTY FOUR
Lease, Rent, Leave and License
54.1 Letting out premises with processing equipments 1715
54.2 Leave and License Agreement 1718
DIVISION FIFTY FIVE
Sale/Transfer of Properties
55.1 Draft letter for Sale of Vehicle 1722
55.2 Assignment of certain business assets 1723
55.3 Assignment of partnership business to a Private Limited
Company as a going concern
1725
55.4 Agreement to Sell-Land/House 1727
55.5 Special Power of Attorney to present a sale deed before Sub
Registrar
1730
55.6 Sale of Flat 1732
55.7 Developer Agreement 1735
55.8 LLP - Contribution of immovable property 1739
55.9 Family Arrangement for immovable property contributed by
Partners to the Partnership Firm
1740
DIVISION FIFTY SIX
Tax Audit
56.1 Draft Audit Engagement Letter 1741
56.2 Draft Representation Letter 1745
56.3 1747
56.4 Draft Audit Checklist 1752
56.5 1795
56.6 1796
DIVISION FIFTY SEVEN
Income Computation and Disclosure Standards
57.1 Delhi High Court decision on the constitutional validity of ICDS 1797
57.2 Steps for subsequent measurement of securities held as stock
in trade
1803
57.3 1805
47. I-209
PAGE
DIVISION FIFTY EIGHT
Real Estate (Regulation and Development) Act, 2016
(RERA)
58.1
money from designated bank account
1808
58.2 Annual Report on Statement of Accounts is to be issued by
Chartered Accountant
1813
58.3 Appeal to Appellate Tribunal 1815
58.4 Complaint to regulatory authority 1818
58.5 1820
58.6 Annual Statement of Accounts 1822
DIVISION FIFTY NINE
E-Proceedings under Income Tax Act, 1961
59.1 Reply of notice u/s. 143(1)(a)(iv) through e-proceedings 1828
59.2 Response to outstanding demand through e-proceeding 1833
59.3 Response to Notice issued u/s. 139(9) by CPC, Bangalore
through E-proceedings
1836
59.4 Responsetonoticeissuedforlimitedscrutinyu/s.143(2)through
e-proceedings
1838
DIVISION SIXTY
Prohibition of Benami Property Transactions Act, 1988
60.1 BenamiTransactions(Prohibition)AmendmentAct,2016cannot
be applied retrospectively
1842
60.2 What are the principles governing determination of question
whether transfer is a Benami transaction or not ?
1862
60.3 Burden of proof is on the person who alleges it to be a Benami
transaction
application of mind before passing an order.
1866
48. D I V I S I O N
2.2
RETURN OF INCOME
SYNOPSIS
2.2.1 General
2.2.2 Obligation to File Return of Income
2.2.3 Due Date for filing Income Tax Return
2.2.4 Consequences for non-compliance of due dates of Sec.
139(1)
2.2.5 Return of Income of Specified Persons
2.2.6 Loss Return u/s. 139(3)
2.2.7 Belated Return u/s. 139(4)
2.2.8 Revised Return u/s. 139(5)
2.2.9 Defective Return u/s. 139(9)
2.2.10 Income Tax Returns : Forms
2.2.11 Electronic filing of Returns
2.2.12 Annexure-less Returns of Income
2.2.13 Tax Return Preparers
2.2.14 Who to Sign the Return u/s. 140?
For case studies, please refer Division 22.
2.2.1 RETURN OF INCOME - GENERAL
a
87
SAMPLE CHAPTER
49. b Relevant provisions
i
“139. 1 every person, …….. ……….. ……… …………
shall, on or before the due date, furnish a return of his income
or the income of such other person during the previous year,
in the prescribed form and verified in the prescribed manner
and setting forth such other particulars as may be prescribed;
…….. ….”
-
-
2.2.2 OBLIGATION TO FILE RETURN OF INCOME
a
Para 2.2.2 88
51. d
-
-
2.2.3 DUE DATE FOR FILING INCOME TAX RETURN
Sl. No. Status of Assessee Due Date
2.2.4 CONSEQUENCES FOR NON-COMPLIANCE OF DUE DATES OF
SEC. 139(1)
a Denial of benefits
b Penalty for not filing Return of Income within Assessment Year
-
Para 2.2.4 90
52. `
c Interest for default in filing Return of Income
-
d Fees for default in filing Return of Income - Section 234F
`
`
` `
2.2.5 RETURN OF INCOME OF SPECIFIED PERSONS
a Return of Income of Charitable or Religious Trust or Institution -
Section 139(4A)
b
`
91 Para 2.2.5
53. b Return of Income of Political Party - Section 139(4B)
`
c Return of Income of Certain Specified Institution - Section 139(4C)
-
a 21
b 22B
c 23A
d 23AAA
e 23B
f 23C iv v
g 23C iiiab iiiac iiiad
iiiae vi via
h 23D
i 23DA
j 23EC 23ED
k 23EE
l
23FB
Para 2.2.5 92
54. m 24 a b
n 29A
o 46
p 47
`
d Return of Income of Scientific Research Institution, University or
College - Section 139(4D)
ii iii
`
e Return of Income of Business Trust - Section 139(4E)
`
f Return of Income of Investment Fund - Section 139(4F)
-
93 Para 2.2.5
55. `
2.2.6 LOSS RETURN U/S 139(3)
a Section 139(3) read with section 80
-
b
c Loss Return - Certain Issues
CIT Haryana Hotels Ltd.
2.2.7 BELATED RETURN U/S. 139(4) -
Para 2.2.7 94
56. Assessment Year Time Limit
Taxation and Other Laws Relaxation of Certain Provisions Ordinance, 2020 has
extended last date for income tax returns for FY 2018-19 from 31st March, 2020
to 30th June, 2020.
2.2.8 REVISED RETURN U/S. 139(5)
a
Assessment Year Time Limit
b Revised Return - Certain Issues
Dhampur Sugar Mills Ltd. CIT
95 Para 2.2.8
57. 2.2.9 DEFECTIVE RETURN U/S. 139(9)
a
Explanation
b Explanation
-
-
in toto
Para 2.2.9 96
59. Status Sources of Income New Form No.
INDIVIDUAL
-
-
`
-
-
-
-
INDIVIDUAL
HUF
RESIDENT INDIVIDUAL,
HUF FIRMS
`
ANY PERSON
Para 2.2.10 98
60. Status Sources of Income New Form No.
COMPANIES
CHARITABLE TRUSTS
ALL
2.2.11 ELECTRONIC FILING OF RETURNS
a -
b Text of Rule 12(3)
“ 3 The return of income referred to in sub-rule 1 shall be fur-
nished by a person mentioned in column ii of the Table below
to whom the conditions specified in column iii apply, in the
manner specified in column iv thereof:—
TABLE
Sl.
No.
Person Condition Manner of furnishing
return of income
i ii iii iv
1 Individual
or Hindu
undivided
family
a Accountsarerequired
to be audited under
section 44AB of the
Act;
b Where total income
assessable under the
Act during the previ-
ous year of a person,
beinganindividualof
Electronicallyunderdigital
signature
A Electronically under
digital signature; or
B Transmitting the data
inthereturnelectron-
icallyunderelectronic
verification code; or
99 Para 2.2.11
61. Sl.
No.
Person Condition Manner of furnishing
return of income
i ii iii iv
the age of eighty years
or more at any time
during the previous
year, and who fur-
nishes the return in
Form number SAHAJ
ITR-1 or Form num-
ber SUGAM ITR-4
C Transmitting the data
inthereturnelectron-
ically and thereafter
submitting the veri-
fication of the return
in Form ITR-V; or
D Paper form;
c In any other case. A Electronically under
digital signature; or
B Transmitting the data
inthereturnelectron-
icallyunderelectronic
verification code; or
C Transmitting the data
inthereturnelectron-
ically and thereafter
submitting the veri-
fication of the return
in Form ITR-V.
2 Company In all cases. Electronically under
digital signature.
3 A person
required
to furnish
the return
in Form
ITR-7
a In case of a political
party;
b In any other case
Electronicallyunderdigital
signature;
A Electronically under
digital signature; or
B Transmitting the data
inthereturnelectron-
icallyunderelectronic
verification code; or
C Transmitting the data
inthereturnelectron-
ically and thereafter
submitting the veri-
fication of the return
in Form ITR-V.
Para 2.2.11 100
62. Sl.
No.
Person Condition Manner of furnishing
return of income
i ii iii iv
4 Firm or
limited lia-
bility part-
nership or
any per-
son other
than a
person
mentioned
in Sl. 1 to
3 above
who is re-
quired to
file return
in Form
ITR-5
a Accountsarerequired
to be audited under
section 44AB of the
Act;
b In any other case.
Electronicallyunderdigital
signature;
A Electronically under
digital signature; or
B Transmitting the data
inthereturnelectron-
icallyunderelectronic
verification code; or
C Transmitting the data
inthereturnelectron-
ically and thereafter
submitting the veri-
fication of the return
in Form ITR-V.
Explanation.—For the purposes of this sub-rule “electronic verifi-
cation code” means a code generated for the purpose of electronic
verification of the person furnishing the return of income as per the
data structure and standards specified by Principal Director General
of Income-tax Systems or Director General of Income-tax Systems
c
d
-
e -
2.2.12 ANNEXURE - LESS RETURNS OF INCOME
a
101 Para 2.2.12
63. b
2.2.13 TAX RETURN PREPARERS
-
2.2.14 WHO TO SIGN THE RETURN U/S. 140?
a
Para 2.2.14 102