Monday, 30 June 2025

TAX DUE DATE - JULY 2025

 

Sr No

Due Date

Related to

Compliance to be made

1

11.07.2025

GST

Filing of GSTR – 1 for the month of June 2025

2

20.07.2025

GST

Payment and Filing the GSTR – 3B for the month of June 2025

3

07.07.2025

TDS/TCS

(Income Tax)

Deposit TDS for payments of Salary, Interest, Commission or Brokerage, Rent, Professional fee, payment to Contractors, etc. during the month of June 2025.

Deposit TDS from Salaries deducted during the month of June 2025

Deposit TCS for collections made under section 206C including sale of scrap during the month of June 2025, if any

Deliver a copy of Form 15G/15H, if any to CCIT or CIT for declarations received in the month of June 2025, if any

4

31.07.2025

TDS/TCS

(Income Tax)

Furnish quarterly statement of tax deducted at source (TDS) and tax collected at source (TCS) for the quarter ended June 2025 in Form 24Q / 26Q / 27Q / 27EQ.

Thursday, 26 June 2025

Introduction of Invoice Management System (IMS)

Background

 

As you may be aware, multiple advisories have been issued over the past months regarding IMS. Below is a summary of the advisories for your quick reference:

 

Hard locking of auto-populated values in GSTR-3B

 This is to apprise you of a recent advisory dated 7 June 2025, introduced on the GSTN portal, which proposes the implementation of hard locking of auto-populated liability in GSTR-3B, effective from July 2025 tax period.

 

CBIC clarifies the procedure for review revision and appeal against orders passed by Common Adjudicating Authorities

 This Tax Alert summarizes a recent Circular1 issued by the Central Board of Indirect Taxes and Customs (CBIC), regarding the authorities responsible for review, revision, and appeals against the Order-in-Original (OIO) passed by Common Adjudicating Authority (CAA) where Show Cause Notices (SCNs) have been issued by the Directorate General of GST Intelligence (DGGI).

Saturday, 21 June 2025

Centralized Procurement and Transfer Pricing: Key Insights for MNEs

In today’s global business environment, many multinational enterprises (MNEs) adopt centralized procurement models to gain efficiency and cost savings. However, such structures come under close scrutiny from tax authorities worldwide due to their transfer pricing implications.

Directorate of Public Grievances to cover cases related to taxation:

1. Background:

Till now complaints involving tax were handled through appellate mechanism under statue/ escalation to jurisdictional tax officers and also grievance monitored through the Centralized Public Grievance Redress & Monitoring System (CPGRAMS). These complaint lodged with the CPGRAM have to be resolved within 21 days.

Thinking of Setting Up a Unit in GIFT IFSC for Section 80LA Tax Exemption? Beware of This Hidden Cost!

 Setting up a unit in the Gujarat International Finance Tec-City (GIFT IFSC) has become increasingly popular among global and Indian businesses seeking tax-efficient structures. One of the biggest attractions is the tax holiday offered under Section 80LA of the Income-tax Act, 1961. However, before you move forward, it's crucial to understand a significant — and often overlooked — caveat.

Section 161 of CGST: A Surgical Tool, Not a Second Chance

In the world of GST litigation, it’s not always the big blunders that land you in trouble. Sometimes, it’s the smallest oversight — a missed date, a copy-paste error — that can spiral into years of courtroom fatigue.

Welcome to the high-stakes reality of Section 161 of the CGST Act, the seemingly simple “rectification” provision that many mistakenly treat as a magic wand.

The Allure of Section 161: Quick Fix or Hidden Trap?

Wednesday, 18 June 2025

Key GST and Customs Updates

Regulatory Highlights

  • DIN Not Needed on Portal Communications: Documents issued via the GST portal with a Reference Number (RFN) are valid even without a Document Identification Number (DIN).

  • Refund Applications Fixed for QRMP Taxpayers: Earlier technical issues for Quarterly Return Monthly Payment (QRMP) scheme taxpayers have been resolved.

Understanding APA vs Safe Harbour Rules in Transfer Pricing

Simple Guide for Multinational Companies in India

Multinational companies often deal with transfer pricing — the pricing of goods and services exchanged between their international entities. Managing this effectively is crucial to avoid tax disputes. In India, two main mechanisms help reduce such risks:

Monday, 16 June 2025

HC holds petitioner entitled to refund of unutilized ITC on closure of business

 This Tax Alert summarizes the recent ruling of the single judge bench of the Sikkim High Court (HC) on refund of unutilized input tax credit (ITC) on closure of business, under Goods and Services Tax (GST).


Petitioner, a manufacturer, discontinued its business in the State of Sikkim and filed for refund of balance unutilized ITC. The refund claim was rejected by the Adjudicating Authority as well as the Appellate Authority. Aggrieved, petitioner filed a writ petition before the HC.

The key observations of the HC are:

Wednesday, 11 June 2025

Summary: GST Appellate Tribunal (GSTAT) – Key Highlights

The Ministry of Finance has notified the GSTAT (Procedure) Rules, 2025, marking a crucial step toward making the GST Appellate Tribunal (GSTAT) operational. The flyer outlines essential procedures, requirements, and timelines for taxpayers preparing to file appeals.

Monday, 9 June 2025

HC holds penalty imposed under Section 122 is a civil liability

This Tax Alert summarizes recent ruling of the Allahabad High Court (HC) on whether the penalty leviable under Section 122 of the Central Goods and Services Tax Act, 2017 (CGST Act) is civil or criminal in nature. Further, whether dropping of proceedings under Section 74 of CGST Act will ipso facto abate the proceedings under Section 122.


The key observations of the HC are:

Friday, 6 June 2025

HC holds penalty u/s 122(1A) of CGST Act can be levied on directors of the company


This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Central Goods and Services Tax Act, 2017 (CGST Act).

Friday, 30 May 2025

All You Need to Know About GST on Supply to SEZ Units

 The Goods and Services Tax (GST) regime provides a special status to Special Economic Zones (SEZs) in India. Recognized as duty-free enclaves, SEZs are treated as being outside the customs territory of India for trade and taxation purposes. Consequently, supplies made to SEZ units or developers enjoy unique tax treatment under GST law.

Resolution of TDS Credit Mismatch: Introduction of Form 71

 Taxpayers frequently encounter discrepancies between the Tax Deducted at Source (TDS) credits reflected in Form 26AS and the assessment year in which the corresponding income has been offered to tax. Such mismatches are often attributable to differences in timing arising from mercantile accounting practices or delayed deduction/deposit of TDS by the deductor.

Supreme Court Ruling on Accused's Right to Documents under PMLA

 In a significant judgment, the Supreme Court held that individuals accused under the Prevention of Money Laundering Act (PMLA) have the right to access both relied-upon and unrelied-upon documents seized by the Enforcement Directorate (ED). This aligns PMLA procedures with the Criminal Procedure Code (now BNSS, 2023).

Regulatory Updates

  • GST: Auto-population in GSTR-3B Table 3.2 remains editable from April 2025 onwards for better accuracy in inter-state supplies.

  • Customs Tariff Values: Revised for items like palm oil, gold, silver, and areca nuts.

  • Import Restrictions: Certain Bangladeshi goods, including garments and food items, restricted to specific ports.

  • Adjudication Guidelines: Defined for cases involving 100% EOUs with varying duty thresholds.


Key Judicial Decisions

  • Entertainment & Service Tax: Supreme Court upheld concurrent levy on cable/DTH services by states and the center.

  • Pre-deposit via Credit Ledger: Validated by SC; electronic credit ledger can be used for GST appeals.

  • Unjust Enrichment: Not applicable to encashed bank guarantees meant as security.

  • ITC on Buildings: Supreme Court dismissed a review petition; ITC can be availed on buildings treated as “plant”.

  • Customs Valuation: Product support service cost includable in import value.

  • ITC Refund: Permitted even if principal input and output have the same GST rate, due to higher-rated ancillary inputs.

  • Limitation Period: Begins from rectification order date if merged with original adjudication.

  • Rule 36(4) Validity: Restrictions on ITC for unmatched invoices upheld to protect revenue.

  • Intermediary Scope: Service provider acting independently is not an intermediary; ITC refund granted.

SC upholds co-existence of both entertainment tax and service tax levy on broadcasting activities applying Aspect theory

 This Tax Alert summarizes a recent judgement of the Supreme Court (SC) on validity of both State levy (entertainment tax) and Central levy (service tax) w.r.t. same broadcasting activities.


The key observations of the SC are:

Thursday, 29 May 2025

TAX DUE DATE - JUNE 2025

 

S. No

Due Date

Related to

Compliance to be made

1

11.06.2025

GST RET 01

Payment of GST and filing of return for the Month of May 2025

2

13.06.2025

ISD

Filing for the month of May 2025

3

20.06.2025

GST

Payment of GST for the month of May, 2025

Filing of GSTR 3B for the month of May, 2025

4

07.06.2025

TDS/TCS

(Income Tax)

Deposit TDS for payments of Salary, Interest, Commission or Brokerage, Rent, Professional fee, payment to Contractors, etc. during the month of May  2025

Deposit TDS from Salaries deducted during the month of May 2025

Deposit TCS for collections made under section 206C including sale of scrap during the month of May  2025, if any

 

5

15.06.2025

Income tax

Payment of Advance tax for the Corporate assesses –Amount not less than 15% of advance tax.

6

30.06.2025

Equalisation levy annual return

Filing of equalisation levy annual return for 24-25

Wednesday, 28 May 2025

CBDT Extends Due Date for Filing Personal Income Tax Returns for FY 2024–25 to 15 September 2025

 Background

The Central Board of Direct Taxes (CBDT) has recently announced an extension of the due date for filing Income Tax Returns (ITRs) for the financial year 2024–25 (assessment year 2025–26), moving the deadline from 31 July 2025 to 15 September 2025. This decision comes in the context of substantial revisions made to the ITR forms and related procedural updates.

Thursday, 22 May 2025

How NRI’s can save tax on their capital gain income.

An NRI Sold Indian Shares Worth ₹10 Crores and Paid ₹0 in Tax. Was he Evading Taxes? No! Here’s How NRIs Legally Pay ₹0 Tax Despite High Capital Gains 👇

 

Monday, 19 May 2025

GST Updates Effective from April 1, 2025: Key Changes for Businesses

 The Government of India has introduced significant GST updates effective April 1, 2025, aimed at simplifying compliance, enhancing security, and improving accuracy in tax reporting. Here's a quick rundown of the major changes:

A Global Minimum Tax Framework: Tackling Digitalisation and Base Erosion

 The rapid digitalisation and globalisation of the economy have created complex challenges for international tax systems. In response, the OECD/G20 Inclusive Framework on BEPS (Base Erosion and Profit Shifting) has developed the Global Anti-Base Erosion (GloBE) Model Rules—a coordinated approach aimed at ensuring multinational enterprises (MNEs) pay a fair share of tax, regardless of where they operate.

Transfer Pricing in the HO-PO Model: Key Considerations for Multinationals in India

 As India continues to attract foreign investment, multinational enterprises (MNEs) often choose to operate through a Project Office (PO) model to execute short- to medium-term projects. Under this setup, the Head Office (HO), based abroad, establishes a PO in India to locally manage and deliver projects. Though the HO and PO form part of a single legal entity, Indian tax laws treat them as distinct enterprises for transfer pricing (TP) purposes.

 

Saturday, 17 May 2025

US to Levy 5% Tax on Immigrant Remittances

 A new bill working its way through the U.S. Congress may significantly impact the finances of Non-Resident Indians (NRIs) and other immigrants. Officially titled “The One Big Beautiful Bill,” the proposed legislation contains a 5% remittance tax on money sent abroad by non-citizens—including H-1B visa holders, green card holders, and other non-immigrant visa categories.

Other Comprehensive Income (OCI) — Simplified

 OCI is one of the least understood components of financial reporting under IFRS. Let’s break it down in a simple, practical way.


🔹 What is OCI?

Other Comprehensive Income (OCI) is part of the total income a business reports, but it’s not part of regular profit or loss. Instead, it captures gains and losses that arise from revaluation, translation, or remeasurement—things that aren’t part of your day-to-day operations.


🔹 Why Does OCI Matter?

It matters because it separates operating performance from changes in asset values or financial instruments. This separation gives a clearer picture of how well a business is truly performing operationally—without distortion from market fluctuations or accounting revaluations.


🔹 Common Examples of OCI Items

✅ Actuarial gains/losses on defined benefit pension plans
✅ Revaluation gains/losses on property, plant, and equipment
✅ Cash flow hedge adjustments
✅ Foreign currency translation differences for foreign operations
✅ Unrealized gains/losses on certain financial instruments (e.g., equity investments classified as FVOCI)


🔹 Simple Examples

  • Asset Revaluation:
    A building owned by the company increases in value—from ₦90 million to ₦150 million.
    The ₦60 million gain doesn’t go into your operating profit—it goes into OCI.
    Why? Because the gain isn’t due to your business performance. It’s a paper gain from revaluation.

  • Investment Loss:
    Your shares in a public company fall in value from ₦8 million to ₦3 million.
    That ₦5 million unrealized loss goes to OCI.
    Again, it’s not because of your business operations—it’s due to market fluctuations.

Saturday, 10 May 2025

Bond Market Trends – April 2025

 In April 2025, Indian bond markets experienced a notable decline in yields across both government securities (G-Secs) and AAA-rated corporate bonds. This trend was driven by improved systemic liquidity, prompted by the Reserve Bank of India's Open Market Operations (OMOs) and increased government spending toward the end of the fiscal year.

Understanding Section 263 of the Income Tax Act, 1961: Power of Revision

 Section 263 of the Income Tax Act empowers the Principal Commissioner of Income Tax (PCIT) to revise an order passed by an Assessing Officer (AO) if two conditions are met simultaneously:

  1. The order is erroneous (i.e., incorrect in law or facts).

Understanding Income Tax Notice under Section 142(1): What You Need to Know

 Receiving a notice from the Income Tax Department can be unsettling, but understanding its purpose and responding correctly can make the process smoother. One such commonly issued notice is under Section 142(1) of the Income Tax Act, 1961.

Friday, 9 May 2025

UK-India Double Contributions Convention (DCC)

On 6 May 2025, India and the UK finalized a landmark Free Trade Agreement (FTA). Alongside the FTA, India and the UK have agreed to negotiate a reciprocal Double Contributions Convention (DCC). The DCC will support business and trade by ensuring that employees moving between the UK and India, and their employers, will only be liable to pay social security contributions in one country at a time.

Wednesday, 7 May 2025

UK-India Free Trade Agreement (FTA)

 On 6 May 2025, India and the UK finalized a landmark Free Trade Agreement (FTA). Government of India has described this as “a historic and ambitious deal to boost jobs, exports, and national growth.” The FTA includes tariff elimination on 99% of Indian tariff lines, covering nearly 100% of trade value, and reduces tariffs on 90% of UK tariff lines, with an estimated annual economic boost of £4.8 billion (US$6.4 billion) for the UK by 2040.

Tuesday, 6 May 2025

HC rules refund cannot be recovered for violation of Rule 96(10) after its omission

 This Tax Alert summarizes a recent ruling of the Uttarakhand High Court (HC) [1] on validity of ongoing proceedings under Rule 96(10) of the Central Goods and Services Tax Rules, 2017 (CGST Rules) after its omission.


Rule 96(10) inter alia provides that a person cannot claim refund of integrated tax paid on export of goods or services if benefit of specified exemption notifications is availed. The said rule was omitted w.e.f. 8 October 2024.

Assessee, engaged in the manufacture of gold bar and jewellery, received a show cause notice on 26 September 2023, for recovery of incorrect refund of IGST in violation to Rule 96(10). The said demand was confirmed vide order dated 3 February 2025. Aggrieved, assessee challenged the order before HC, on the ground that it was issued after Rule 96(10) was omitted.

The key observations of the HC are:

Friday, 2 May 2025

Indirect Tax Regulatory Updates

Regulatory Updates

  • Customs Amendment Rules, 2025: Terms like "certificate" replaced with "proof" of origin to broaden documentation scope.

  • CAROTAR Guidelines Updated: "Proof of Origin" now includes self-declarations; updates made to FTA Cell responsibilities and ICES portal.

Tuesday, 29 April 2025

Tax Due Date - May 2025

 India

Sr No

Due Date

Related to

Compliance to be made

1

10.05.2025

GST

Filing of GST 1 for the month of April, 2025

2

20.05.2025

GST

Payment of GST for the month of April, 2025

Filing of GSTR 3B for the month of April, 2025

3

07.05.2025

TDS/TCS

(Income Tax)

Deposit TDS for payments of Salary, Interest, Commission or Brokerage, Rent, Professional fee, payment to Contractors, etc. during the month of April 2025.

Deposit TDS from Salaries deducted during the month of April 2025

Deposit TCS for collections made under section 206C including sale of scrap during the month of April 2025, if any

5

31.05.2025

TDS/TCS

(Income Tax)

Furnish quarterly statement of tax deducted at source (TDS) and tax collected at source (TCS) for the quarter ended Jan-March 2025 in Form 24Q / 26Q / 27Q / 27EQ.

6

31.05.2025

Income Tax

Filing of Annual Information Return u/s 285BA

Monday, 28 April 2025

Government notifies Rules to regulate the procedures and functioning of GST Appellate Tribunal

 This Tax Alert summarizes the recent notification issued by Ministry of Finance, notifying Goods and Services Tax Appellate Tribunal (Procedure) Rules, 2025 (GSTAT Rules) [1] pursuant to Section 111 of the Central Goods and Services Tax Act (CGST Act), for regulating the procedure and functioning of GST Appellate Tribunal (Tribunal).

Friday, 25 April 2025

CBDT notifies laws under which settlement would be disallowable expenditure

On 23 April 2025, the Central Board of Direct Taxes (CBDT) issued Notification No. 38/2025, specifying certain laws under which any expenditure incurred towards settling initiated proceedings for contraventions will be disallowed as a tax deduction under Indian tax laws.

Monday, 21 April 2025

A Refined Perspective on Tax Deducted at Source (TDS)

Introduction

Tax Deducted at Source (TDS) is a pivotal mechanism embedded within the framework of the Indian Income Tax Act, designed to facilitate the advance collection of tax at the point of income generation. Under this system, the payer (deductor) withholds a specified percentage of tax before disbursing income to the recipient (deductee), subsequently remitting it to the government on behalf of the deductee. TDS applies across various income streams, including but not limited to salaries, interest, rent, professional fees, and commissions. By securing tax at the origin, TDS serves as a proactive instrument for revenue assurance, enhancing transparency and reducing opportunities for tax evasion.

Strategic Significance and Utility of TDS

1. Ensuring Steady Government Revenue
TDS acts as a continuous and reliable source of revenue for the government, enabling smoother fiscal planning and uninterrupted public expenditure throughout the financial year. This steady inflow supports governance, infrastructure development, and welfare initiatives without depending solely on year-end collections.

2. Fostering Compliance and Structured Record-Keeping
For enterprises, the obligation to deduct and deposit TDS fosters a culture of fiscal discipline. Maintaining accurate TDS records ensures alignment with statutory requirements and serves as a verifiable audit trail, thus supporting long-term financial governance.

3. Minimizing Scope for Tax Evasion
By intercepting income at the source, TDS significantly curtails the potential for tax evasion. It enhances traceability and accountability, leaving little room for concealment or misrepresentation of income.

4. Simplifying Individual Tax Filings
From the taxpayer’s perspective, TDS credits serve as pre-paid tax, which can be adjusted against their total tax liability while filing returns. This can either reduce the final payable tax or result in a refund, thereby streamlining the compliance burden for individuals.

5. Strengthening Payroll and Vendor Management
TDS compliance is a critical component of payroll and vendor payment processes. HR and finance professionals are entrusted with the responsibility of accurately computing, deducting, and reporting TDS, thus reinforcing internal financial controls and safeguarding organizations against regulatory breaches.

6. Legal and Audit Implications
Proper TDS management is integral to minimizing exposure to interest liabilities, penalties, and potential prosecution. During tax audits, demonstrable adherence to TDS provisions underscores the organization’s commitment to legal and ethical financial practices.

Conclusion
TDS is more than a tax collection method—it is a strategic fiscal tool that supports both macroeconomic stability and micro-level compliance. For individuals and businesses alike, diligent adherence to TDS provisions not only ensures regulatory alignment but also contributes meaningfully to the nation’s economic framework.

Withholding of Refunds under Section 245(2): An Overview of the New Power

 Introduction

Section 245(2), introduced by the Finance Act, 2023, empowers the Principal Commissioner or Commissioner of Income Tax to withhold tax refunds—either wholly or in part—in cases where:

  • Assessment or reassessment proceedings are pending, and
  • Issuing the refund is likely to adversely impact revenue interests.

Thursday, 17 April 2025

Updates regarding compliance on payment of rent under Section 194-IB of the Income-tax Act, 1961

 This Tax Alert aims to provide an update on developments in relation to compliance requirement to deduct tax at source (TDS) on rent paid to residents by individuals and/or Hindu Undivided Family (HUF), under Section 194-IB of the Income Tax Act, 1961 (the Act).


The Finance Act 2017 introduced Section 194-IB with effect from 1 June 2017, requiring TDS deduction at 5% where rent paid is higher than INR 50,000 per month. The Finance (No. 2) Act 2024 reduced the applicable rate of TDS to 2% effective 1 October 2024, creating ambiguity for tax deductors regarding the applicable rate of TDS for the Financial Year (FY) 2024-25, particularly for tenancies that continued past this date. Two views emerged on the TDS rate application, leading to practical challenges where tax deductors who deducted TDS taking the conservative view, i.e 5% for period 1 April 2024 to 30 September 2024 and 2% for the period 1 October 2024 to 31 March 2025, are facing discrepancies in the tax credit allowed by the Income-tax department. The Income-tax department is restricting the tax credit to an amount equivalent to 2% on rent for the full financial year creating a challenge for both the tax deductor (tenant) and the tax deductee (landlord). Tenant will have to claim a refund of the "excess" tax deducted as also pay to the landlord the shortfall in rent because of this excess deduction of tax at source. Landlord will have to pay additional tax and interest for the shortfall in tax credit.

Additionally, the Income-tax department has issued notices to taxpayers for non-compliance with TDS provisions while claiming HRA exemptions in previous financial years. Defaulting taxpayers may consider belated compliance.

Provisions under GST deeming transactions between Association and its members as supply held unconstitutional by Divisional bench of Kerala HC

 This Tax Alert summarizes a recent ruling of the Kerala High Court (HC)1 on levy of Goods and Services Tax (GST) on fee collected by Association from its members and the constitutional validity of the provisions of Section 2(17)(e) and Section 7(1)(aa) of the Central Goods and Services Tax Act, 2017 (CGST Act).

Bombay HC holds interest and penalty not leviable on delayed payment of IGST on import of goods in absence of substantive provisions under Customs Tariff Act

 This Tax Alert summarizes the recent ruling of the Bombay High Court (HC) [1] on applicability of interest, penalty and redemption fine on delayed payment of integrated tax (IGST) as a part of Customs duty on import of goods during the period 13 October 2017 to 9 January 2019.


The petitioner imported raw materials under Advance Authorization for manufacture of goods, however, did not comply with the “pre-import condition” applicable during the relevant period. Accordingly, Revenue authority demanded payment of IGST along with interest, penalty and redemption fine in lieu of confiscation of goods. Petitioner filed a writ petition before the HC challenging the demand of interest, penalty and redemption fine.

The key observations of the HC are:

Sunday, 13 April 2025

HOW TO CHOOSE BETWEEN OLD & NEW TAX REGIME

 


GST and AIFs: A Hidden Cost That Demands Attention

 In India’s evolving regulatory landscape, Alternative Investment Funds (AIFs)—the go-to vehicle for high-net-worth individuals, institutions, and private equity players—are facing increasing scrutiny under the Goods and Services Tax (GST) regime. While fund managers often focus on returns and compliance with SEBI regulations, GST implications are frequently underestimated, leading to overlooked costs and potential regulatory pitfalls.

Thursday, 10 April 2025

India Tax Administration amends the transfer pricing safe harbor rules

A “safe harbour” is defined in the Indian Income Tax Law (ITL) as circumstances in which the tax authorities shall accept the transfer price declared by the taxpayer. India’s Central Board of Direct Taxes (CBDT), the apex Indian tax administration body, first issued transfer pricing (TP) safe harbor rules (SHR) on 18 September 2013, applicable for five years from financial year (FY) 2012-13 to FY 2016-17.

CBDT notifies last date for filing declaration under Direct Tax Vivad Se Vishwas Scheme, 2024

  

The Direct Tax Vivad Se Vishwas Scheme, 2024 [1] (VSV 2.0) which provides an opportunity to taxpayers to settle disputes pending as on 22 July 2024, and those disputes whose time to file an appeal had not expired as on 22 July 2024, in relation to tax, interest, penalty or fees payable under the Income Tax Act, 1961. Taxpayers can settle such disputes by filing a declaration in the prescribed form to the designated authority (DA) and by paying the prescribed amount. Once the disputed tax is settled under VSV 2.0, the taxpayer will enjoy complete waiver and immunity from interest, penalty and prosecution in relation to tax arrears which are the subject matter of the settlement.

Saturday, 5 April 2025

Is Opting for Section 115BAA Like a Life Sentence? Debunking the Myth

The introduction of Section 115BAA under the Income Tax Act, 1961 offered a lucrative flat tax rate for domestic companies in exchange for foregoing certain exemptions and deductions. However, a growing concern—almost a myth—has emerged: once a company opts for Section 115BAA, it's a one-way street with no return. Is this really the case? Let's delve into the legal provisions and break this down.

How Alimony is Taxed in India

Alimony is a financial support paid by one spouse to another after separation or divorce. While it's often viewed as a personal matter, alimony has clear tax implications in India that both paying and receiving parties should understand. Here's how alimony is taxed under Indian law:

CBDT has expanded safe harbour rules:


Introduction:
The Safe Harbour Rules provide a structured process for businesses to simplify transfer pricing in international transactions.

These rules help companies avoid disputes with tax authorities by allowing them to declare transfer prices within predefined acceptable limits.

It is governed by Section 92CB of the Income Tax Act, aiming to reduce complexity in transfer pricing regulations.

Key Amendments Introduced:
Extension of Safe Harbour Period:
The applicability of the Safe Harbour provisions has been extended to include Assessment Years (AY) 2025-26 and 2026-27, ensuring continued benefits for qualifying taxpayers.

Inclusion of Lithium-Ion Batteries as Core Auto Components:
The definition of ‘core auto components’ under Rule 10TA now encompasses lithium-ion batteries for use in electric or hybrid electric vehicles. This inclusion aligns with India’s push towards sustainable mobility and provides tax certainty for manufacturers in the electric vehicle sector.

Increase in Threshold Limits for Eligible Transactions:
The monetary threshold for certain international transactions to avail Safe Harbour provisions has been raised from INR 200 crore to INR 300 crore.


Transactions Covered Under Safe Harbour Rules
SHR applies to specified international transactions where taxpayers engage in controlled transactions with their Associated Enterprises (AEs).
The key categories include:
Software Development and ITeS (Information Technology Enabled Services)
If a taxpayer earns at least 17-18% operating profit margin on total cost, the transfer pricing will not be questioned.

Knowledge Process Outsourcing (KPO) Services
Requires a minimum operating profit margin of 18-24% depending on the complexity of services.

Contract Research and Development (R&D) Services
For generic pharmaceutical R&D and software development R&D, a margin of 24% or higher is accepted.

Manufacturing and Auto Components
Inclusion of Lithium-Ion Batteries (2025 Amendment): Recognized as a core auto component under SHR.

Loans Advanced to Foreign Subsidiaries
Interest rates for intra-group loans in foreign currency are based on LIBOR + a fixed spread.

Corporate Guarantees Provided to AEs
The SHR prescribes a minimum guarantee fee of 1-2%

Monday, 31 March 2025

Government amends CGST Rules and issues further clarifications w.r.t. Amnesty scheme under GST

 This Tax Alert summarizes the recent Notification[1] and Circular[2] issued by Central Board of Indirect Taxes and Customs (CBIC) addressing certain issues related to availment of benefit of amnesty scheme under Section 128A of the Central Goods and Services Tax Act, 2017 (CGST Act).


Section 128A and Rule 164 were inserted in the CGST Act and Rules respectively, to provide for waiver of interest and penalty w.r.t certain tax demands pertaining to the period from 1 July 2017 to 31 March 2020.

Earlier, Circular No. 238/32/2024-GST dated 15 October 2024 was issued by CBIC to clarify various issues related to implementation of the said provisions. Based on further representations concerning applicability of amnesty scheme in cases where payments have been made through GSTR-3B instead of DRC-03, and the consolidated demand notices or adjudication orders have been issued covering period other than those specified under Section 128A. CBIC has clarified as follows:

Saturday, 29 March 2025

TDS Rate Chart for Financial Year 2025-26 and Assessment Year 2026-27


Section

Particulars

TDS Rate Individual/ HUF (Indian Resident)(in %)

TDS Rate for (NRI) in India (in %)

Domestic Company (in %)

Other than domestic Company (in %)

Friday, 28 March 2025

India Tax Due Date - April 2025

 

Sr No

Due Date

Related to

Compliance to be made

1

11.04.2025

GST

Filing of GSTR1 for the month of March 2025

2

20.04.2025

GST

Payment of GST for the month of March 2025

Filing of GSTR 3B for the month of March 2025

3

30.04.2025

TDS/TCS

(Income Tax)

Deposit TDS for payments of Salary, Interest, Commission or Brokerage, Rent, Professional fee, payment to Contractors, etc. during the month of March 2025.

· Deposit TDS from Salaries deducted during the month of March 2025

• Deposit TCS for collections made under section 206C including sale of scrap during the month of March 2025, if any

4

30.04.2025

Income Tax

Apply for E-Form 10F for all foreign subsidiaries

Wednesday, 26 March 2025

Maharashtra Government proposes amnesty scheme for PSUs with regard to arrears of erstwhile indirect taxes

 

This Tax Alert summarizes the recent “Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector Undertaking Companies) Bill, 20251 introduced pursuant to the Maharashtra State Budget 2025-2026.

Saturday, 22 March 2025

Taxability of Mutual Funds under the India-Singapore DTAA

 Key Points

  1. Article 13: Capital Gains Taxation
    • Article 13(4): Exempts capital gains from taxation in India for residents of Singapore unless the gains pertain to immovable property, PE business property, ships/aircraft, or specific shares.
    • Article 13(4A): Shares acquired after April 1, 2017, are taxable in India, with gains limited to amounts exceeding the fair market value as of April 1, 2017.
    • Article 13(4B): Exempts capital gains from Indian taxation if shares are part of a Singapore PE's business property.
    • Article 13(5): Gains from mutual funds are classified as "other property" and are taxable only in Singapore.

Direct Tax Case Laws Update - March 2025.

 ·       SC dismisses SLP to hold that capital reduction leads to transfer of shares and exigible to capital gains taxation

 

Saturday, 15 March 2025

Determining the Date of Set-Up for Allowability of Expenses Under Section 37

 Introduction

The date a business is "set up" is crucial for determining whether expenses incurred are deductible under Section 37 of the Income-tax Act, 1961. According to Section 3 of the Act, the "previous year" starts from the date a business is set up. However, the Act does not explicitly define what constitutes a "set-up" of business.

Indian Citizen - Deemed Residency

1. Meaning of Deemed Residency

Under Section 6(1A) of the Income Tax Act, an individual will be considered a deemed resident of India if:

  • Their total income (excluding foreign-sourced income) exceeds ₹15 lakh in a financial year, and

  • They are not liable to tax in any other country or territory due to reasons like domicile, residence, or similar criteria.

Friday, 14 March 2025

Tax Update - March 2025

Regulatory Updates:

  • Customs Regulations: The DGFT revised the Handbook of Procedures for the General Authorization for Export after Repair (GAER) for Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) items. Compliance requirements include bills of entry, proof of repair obligation, and AEO certification.
  • Pet Clearance: The CBIC clarified that imported pet dogs and cats can enter only through specified airports and ports.

TAX DUE DATE- OCTOBER 2026

  S. No Due Date Related to Compliance to be made 1 11.10.2026 GST ...