Category: Tax

  • Income Tax On Dividend

    Income Tax On Dividend

    Income Tax On Dividend

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    Introduction

    A dividend is a payment that you get assuming you put resources into shares or common assets. Many offers and shared store plans circulate the procured gets back to financial backers as profits. Since profits got are a kind of pay, a significant number of you keep thinking about it regardless of whether such profits would be burdened in your hands.

    Meaning Of Dividend

    Dividend typically refers to the appropriation of benefits by an organization to its investors.

    In any case, considering Section 2(22) of the Income-charge Act, the profit will likewise incorporate the accompanying:

    (a)  Distribution of gathered benefits to investors involving the arrival of the organization’s resources;

    (b) Distribution of debentures or store endorsements to investors out of the aggregated benefits of the organization and issue of extra offers to inclination investors out of amassed benefits;

    (c) Distribution made to investors of the organization on its liquidation out of gathered benefits;

    (d) Distribution to investors out of collected benefits on the decrease of capital by the organization;

    (e) Loan or advance made by a firmly held organization to its investor out of collected benefits.

    Sources Of Dividend

    You can get dividends from the accompanying sources –

    • From a homegrown organization to whose shares, you have contributed.
    • From an unfamiliar organization to whose shares, you have contributed.
    • From value shared reserves assuming that you have picked the profit choice.
    • From obligation common assets on the off chance that you have picked the profit choice.

    Tax On Dividend Income

    Taxability of profit will rely on whether the profit beneficiary arrangements in protections either as a merchant or as a financial backer. The pay acquired by the individual from the exchanging exercises is available under the head business pay. Subsequently, if offers are held for the end goal of exchanging, the profit pay will be available under the head pay from business or calling. Though, on the off chance that offers are held as speculation, pay emerging in the idea of profit will be available under the head of pay from different sources.

    Where the profit is assessable to burden as business pay, the assesses can guarantee the derivations of that large number of consumptions which have been caused to procure that profit pay, for example, assortment charges, interest on credit, and so on. While assuming the profit is available under the head of pay from different sources, the assesses can guarantee an allowance of just revenue consumption which has been brought about to acquire that profit pay to the degree of 20% of complete profit pay. No derivation will be taken into consideration some other costs including commission or compensation paid to a financier or some other individual to acknowledge such profit.

    Tax Rates On Dividend Income

    Charge Rates on profit rely on the kind of assesses getting the profit and the instrument on which the profit is conveyed. This can be effectively justifiable through the following table: –

    Category of Assesses

     

     

    Dividend nature rate Rate of Tax
    Resident A dividend received from a domestic company The normal rate of tax applies to the assesses.
    NRI Dividend on GDR of Indian co./PSU (purchased in foreign currency) 10%
    NRI Dividend on shares of Indian co. (purchased in foreign currency) 20%
    NRI Any other Dividend income 20%
    FPI Dividend on securities other than 115AB 20%
    Investment Division of the offshore banking unit Dividend on securities other than 115AB 10%

     

    When To Tax Dividend Income?

    Section 8 of the Act gives that the last dividend including considered profit will be available in the year in which it is pronounced, disseminated, or paid by the organization, whichever is prior. Though, a break profit is available in the earlier year in which how much such profit is genuinely made accessible by the organization to the investor. As such, an interval profit is chargeable to burden on a receipt premise.

    Advanced Tax And Dividend Income

    On the off chance that the shortage in the development charge portion or the inability to pay something very similar on time is by profit pay, no interest under segment 234C will be charged given the assesses have paid full duty in resulting advance expense portions. In any case, this advantage will not be accessible regarding the considered profit as alluded to in Section 2(22)(e).

     

     

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  • Belated And Revised Return

    Belated And Revised Return

    Belated And Revised Return

    A late return infers the deferred recording of profits. If the citizen has not presented his arrival of pay inside the due date as determined, or inside the time permitted under a notification given by a surveying official, the requirement for documenting a late return emerges. If an assess finds any oversight, issue, or wrong articulation, a reconsidered return might be documented. In this article, we take a gander at the technique for recording a late and reconsidered annual assessment form.

    Due Date For Filing Income Tax Returns

    The due date for documenting annual expense forms for salaried and independently employed people is the 31st of July of every year. If there should be an occurrence of an organization or any individual requiring charge review, the due date for documenting a personal assessment form will be the 30th of September of every year.

    The Due Date For Filing Belated Returns

    Late returns can be recorded before the finish of the applicable evaluation year or before the fulfillment of the appraisal, whichever is prior.

    Punishment for Late Filing Income Tax Returns

    It is generally fitting to be reliable, taking everything into account. The new Income Tax rules, material from this monetary year (2017-18), endorse a punishment of Rs. 5000 for returns documented after the due date and before the 31st of December. In the event that profits aren’t recorded by this period, a punishment of Rs 10,000 will be material. The annual assessment of late documenting punishment will be pertinent for all people whose pay is over 5,00,000. Individuals whose pay is under 5,00,000 would be forced with a punishment of Rs 1000. Additionally, postponed documenting of profits makes it void to convey forward a portion of the misfortunes to the resulting year.

    When To File A Revised Income Tax Return?

    A re-examined return is documented on any exclusions, slip-ups, or wrong proclamations made by the assessee during the recording of the personal expense form. It should be noticed that main accidental mix-ups are permitted to be overhauled. Re-examined returns have no space for covering or bogus explanation.

    Due Date For Filing Of Revised Returns

    A re-examined return can be documented before the expiry of one year from the important evaluation year or before the fruition of the appraisal, whichever is prior.

    How Frequently Can Updated Returns Be Filed?

    Amended returns can be recorded over and over, limitation comes just as date, and that implies that updated returns can be documented quite a few times, until the endorsed date. Besides, a specific return can be re-examined regardless of benefiting discounts for something similar.

    Revising Of Belated Returns

    Late returns recorded under Section 139(4) can be updated. This is appropriate for returns of the appraisal year 2016-17 onwards, and not before that as the Income-charge regulations were different preceding this period.

    Revised Return’s Impact on Carrying Forward Losses

    The aftereffects of the amended return would substitute that of the first return, which suggests that misfortunes or salaries recently determined would from now on be applied, and the misfortunes as refreshed in the changed pay will be conveyed forward.

    Important Judicial Decisions Relating to Revised Income

    The following are a portion of the legal choices connected with re-examined pay:

    • The simple revelation of oversight/botch wouldn’t establish an updated pay, yet a genuine accident or confusion would qualify with a changed return under Section 139(5).
    • Mistakes/Omission should be found by the assessee himself. Any obstruction in disclosure by the evaluating official wouldn’t establish a modified return under Section 139(5).
    • An amended return can’t be recorded where the assessee just changes status and the bookkeeping year or beside the strategy for accounting.

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  • Income Tax Returns And Forms

    Income Tax Returns And Forms

    Income Tax Returns and Forms

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    What is ITR?

    An income Tax Return (ITR) is a structure where the citizens document data about their pay acquired and charges relevant to the personal expense office.

    The office has advised 7 different structures for example ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6, and ITR 7 to date. Every citizen ought to record his ITR at the very latest the predetermined due date. The relevance of ITR structures differs relying upon the types of revenue of the citizen, how much the pay is acquired, and the classification of the citizen like people, HUF, organization, and so forth.

    Income Tax Return

    Why Should You File ITR?

    It is obligatory to record income tax return (ITR) in India on the off chance that any of the circumstances referenced underneath are appropriate to you:

    1. On the off chance that your gross yearly pay is more than the essential exception limit as indicated below-
    Particular Amount
    For individuals below 60 years Rs 2.5 Lakh
    For individuals above 60 years but below 80 years Rs 3.0 Lakh
    For individuals above 80 years Rs 5.0 Lakh

     

    1. If you have any desire to guarantee an annual expense discount from the office.
    2. On the off chance that you have procured from or have put resources into unfamiliar resources during the FY.
    3. On the off chance that you wish to apply for a visa or an advance
    4. On the off chance that the citizen is an organization or a firm, regardless of benefit or misfortune.

    Additionally, you are compulsorily expected to document ITR regardless of whether your pay is beneath the essential exception limit however you meet one of the accompanying circumstances:

    • Have stored a total measure of more than Rs.1 crore in at least one current ledger; or
    • Have brought about a total use of more than Rs 2 lakh on unfamiliar travel for self or some other individual; or
    • Have brought about a use total of more than Rs.1 lakh towards power utilization.

    Which ITR To File?

    The accompanying infographic will assist you with figuring out which sort of annual expense form is material to you for FY 2020-21 as well as earlier years FY 2019-20.

    ITR-1 Or SAHAJ

    This Return Form is for an inhabitant person whose absolute pay for the AY 2021-22 incorporates:

    • Pay from Salary/Pension; or
    • Pay from One House Property (barring situations where misfortune is presented from earlier years); or
    • Pay from Other Sources (barring Winning from Lottery and Income from Race Horses)
    • Rural pay up to Rs.5000.

    ITR-2

    ITR 2 is for the utilization of an individual or a Hindu Undivided Family (HUF) whose all-out pay for the AY 2021-22 incorporates:

    • Pay from Salary/Pension; or
    • Pay from House Property; or
    • Pay from Other Sources (counting Winnings from the Lottery and Income from Race Horses).

    ITR-3

    The Current ITR3 Form is to be utilized by an individual or a Hindu Undivided Family who has paid from an exclusive business or is carrying on calling. The people who have paid from the accompanying sources are qualified to document ITR 3 :

    • Carrying on a business or calling
    • Assuming that you are an Individual Director in an organization
    • Assuming that you have had interests in unlisted value shares whenever during the monetary year
    • The return might incorporate pay from House property, Salary/Pension, and Income from different sources
    • Pay an individual as an accomplice in the firm.

    ITR-4 or Sugam

    This ITR 4 applies to people and HUFs, Partnership firms (other than LLPs), which are inhabitants and whose all-out pay includes:

    • A business pays as indicated by the possible pay conspire under segment 44AD or 44AE
    • Proficient pay as indicated by possible pay conspire under segment 44ADA
    • Pay from compensation or annuity up to Rs.50 lakh
    • Pay from one house property, not more than Rs.50 lakh (barring how much presented misfortune or misfortune to be conveyed forward)
    • Pay from different sources having to pay not more than Rs.50 Lakh (barring pay from lottery and race-horses).

    ITR-5

    ITR 5 is for firms, LLPs (Limited Liability Partnership), AOPs (Association of Persons), BOIs (Body of Individuals), Artificial Juridical Persons (AJP), Estates of perished, Estates of indebted, Business trusts, and venture reserves.

    ITR-6

    For Companies other than organizations guaranteeing exclusion under area 11 (Income from property held for beneficent or strict purposes), this return must be documented electronically as it were.

    ITR-7

    For people including organizations expected to outfit returns under section 139(4A) or section 139(4B) or section139(4C) or section 139(4D) or section 139(4E) or section 139(4F).

     

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  • Section 80EEA: Deductions For Affordable Housing

    Section 80EEA: Deductions For Affordable Housing

    Section 80EEA: Deductions For  Affordable Housing

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    In order to accomplish the goal of “Housing for All,” the government has formally extended the interest deduction allowed for low-cost housing loans secured between April 1, 2019, and March 31, 2022.

    As a result, beginning in AY 2020-21, a new Section 80EEA has been added to allow for an interest deduction (FY 2019-20). The old Section 80EE provision permitted first-time homebuyers to deduct up to Rs 50,000 in interest paid on loans approved by a financial institution between April 1, 2016, and March 31, 2017. 

    The government has extended the benefit for FY 2019-20 in order to increase the benefit and boost the real estate sector. You can claim this deduction until you’ve paid off your mortgage.

    Section 80EEA Characteristics

    Criteria For Eligibility

    Individuals are the only ones who can benefit from this tax break. No other taxpayer is eligible for this deduction. As a result, if you are a HUF, AOP, partnership firm, company, or any other type of taxpayer, you cannot claim any benefit under this clause.

    The Amount Deducted

    Section 80EEA allows you to deduct up to Rs 1,50,000 in interest payments. This deduction is in addition to the Rs 2 lakh interest payment deduction allowed under Section 24(b) of the Income Tax Act.

    Other circumstances 

    Similar to Section 80EE, you must not own any other house property on the date of the loan’s sanction in order to claim a deduction under Section 80EEA.

    The conditions for claiming the deduction are as follows:

     

    • For the purchase of a residential property, a housing loan must be obtained from a financial institution or a home finance organization.
    • The loan must be approved between the 1st of April 2019 and the 31st of March 2022.
    • The house property’s stamp duty value should be less than Rs 45 lakhs.
    • Individual taxpayers should not be able to take advantage of the existing Section 80EE deduction.
    • A first-time home buyer should be the taxpayer. The taxpayer must not own any residential property at the time the loan is approved.

    Conditions pertaining to the carpeted section of the residence. These conditions are listed in the finance bill’s memorandum, however, they are not addressed in section 80EEA:

    • In the metropolitan areas of Bengaluru, Chennai, Delhi National Capital Region (restricted to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon, Faridabad), Hyderabad, Kolkata, and Mumbai, the carpet area of the dwelling property shall not exceed 60 square meters (645 square feet) (the whole of Mumbai Metropolitan Region)
    • In any other city or municipality, the carpet area should not exceed 90 square meters (968 square feet).
    • This term will also apply to affordable real estate projects that are approved on or after September 1, 2019.

    Section 80EEA was enacted to expand the advantages available for low-cost housing under Section 80EE. For the fiscal years 2013-14, 2014-15, and 2016-17, Section 80EE was changed from time to time to allow a deduction for interest paid on a home loan. If you want to claim this benefit, you must be a Resident, according to the clause.

    As a result, both resident and non-resident Indians are eligible to claim this deduction. The provision also makes no mention of whether the residence must be self-occupied in order to qualify for the deduction. Borrowers who live in rental homes can also take advantage of this benefit.

    Furthermore, the deduction is only available to individuals who purchase a home together or separately. If a person owns a home with a spouse and both of them are paying the loan payments, both of them can claim this deduction. They must, however, meet all of the requirements.

    Section 80EEA and Section 24 

    If the owner or his family resides within the house property, homeowners can claim a deduction for interest payments on their loan up to Rs 2 lakh under Section 24. whether or not the home is uninhabited, a deduction of up to Rs 2 lakh is obtainable. the whole loan interest is deducted if the property has been rented out. 

    You can claim advantages under both Section 24 and Section 80EEA of the taxation Act if you meet the wants of both sections. 

    First, expand your Rs 2 lakh deductible limit under Section 24. Then, under Section 80EEA, claim the extra benefits. As a result, this deduction is added to the Section 24 limit of Rs 2 lakh.

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  • GST On Housing Society And Resident Welfare Associations

    GST On Housing Society And Resident Welfare Associations

    GST On Housing Society And Resident Welfare Associations 

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    A Cooperative Housing Society or a resident welfare association (RWA) will be required to pay GST on monthly subscriptions or contributions charged to its members if the payment received is more than Rs 5,000 per member and the society’s or RWA’s yearly turnover by supplying services and goods is more than Rs 20 lakhs. 

    GST On Housing

    The applicability of GST for residents of Housing Societies and Resident Welfare Associations has been changed, according to the most recent notifications of July 22, 2019. The GST will be applied to the total amount if the payment is more than Rs.7500 per member and the Welfare Association’s annual revenue is more than Rs.25 lakhs.

    Resident Welfare Associations are subject to the GST

    Housing societies and resident welfare organizations with annual revenue of more than Rs.20 lakhs will be required to comply with GST requirements and register for GST. The services supplied by a Housing Society or a Resident Welfare Association are taxable under GST since they are considered a supply.

    Parts of Housing Society Income that are Taxable and Non-Taxable Under GST

    Not all charges or supplies made by a housing society would be taxable. Housing societies, for example, collect and remit property taxes on behalf of their members. The property tax collected and remitted would be exempt from the GST.

    Maintenance and repair costs, on the other hand, will be taxed. Parking fees, as well as fees for the pool, clubhouse, and other amenities, would be taxable. Sinking funds, repair funds, and painting funds are all non-taxable.

    Credit for Inputs

    Housing societies will be allowed to offset their tax liability by claiming input tax credit on certain expenses incurred on behalf of residents for property care. The following sorts of expenditures incurred by the housing society or resident welfare organization, however, will not be eligible for an input tax credit.

    • Expenses for electricity
    • Duty on Stamps
    • Taxes on property investment

    Housing Societies Invoice Format

    Housing societies would have to adapt their invoice format as a result of the application of GST. Because the nature of a housing society’s or resident welfare association’s supply is intra-state, only the CGST and SGST will apply.

    Housing Societies Benefits from GST Compliance

    Most housing societies should obtain a GSTIN and register with the government. By claiming the input tax credit, society will be able to lower its costs. In addition, if there is no production liability, GST is levied by suppliers for services such as housekeeping, repairs, maintenance, lift AMC (Annual Maintenance Contract), fire AMC, security, contract employees, accounting, and auditing services, and others can be claimed as a refund.

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  • Section 80EEB: Electric Vehicle Deductions

    Section 80EEB: Electric Vehicle Deductions

    Section 80eeb Electric Vehicle Deductions

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    The government offered an electric vehicle purchasing incentive in the 2019 Union Budget. The finance minister announced in his budget speech that improved batteries and registered e-vehicles will be rewarded under the scheme. From the AY 2020-21, a new section 80EEB has been added, allowing a deduction for interest paid on loans made for the purchase of electric vehicles.

    Characteristics of Section 80EEB

    Eligibility Requirements 

    Individuals are the only ones who can benefit from this tax break. No other taxpayer is eligible for this deduction. As a result, you cannot claim any benefit under this provision if you are a HUF, AOP, Partnership firm, company, or any other type of taxpayer.

    Subtraction Amount

    Section 80EEB allows you to claim a deduction for interest payments up to Rs 1,50,000. Individual taxpayers are permitted to own and operate an electric car for personal or business purposes. Individuals who own an electric vehicle for personal use would be able to deduct the interest paid on the loan with this deduction. 

    Individuals can also claim a deduction under section 80EEB for business expenses up to Rs 1,50,000. Any interest payments in excess of Rs 1,50,000 are deductible as business expenditures. The car must be registered in the name of the owner of the business enterprise in order to be claimed as a business cost. 

    Individual taxpayers should receive the interest-paid certificate and have the relevant documentation on hand when filing the return, such as the tax invoice and loan paperwork. 

    The Following Are The Requirements For Claiming The Deduction:

    • To purchase an electrical vehicle, a loan must be obtained from a financial organization or a non-banking establishment. 
    • The loan must be approved at any time between April 1, 2019, and March 31, 2023. 
    • The term “electric vehicle” refers to a vehicle that’s powered solely by an electrical motor and whose traction energy is supplied solely by a traction battery installed within the vehicle, likewise as having an electrical regenerative braking system that converts vehicle K.E. into power while braking.

    Electric Car Mobility Solutions Are Being Promoted

    Phase II of the celebrity scheme for promoting electric mobility within the country has been authorized by the Union Cabinet. the celebrity (Faster Adoption and Manufacturing of Electric Automobiles) program may be a government of India incentive program geared toward promoting electric and hybrid vehicles in India. 

    The scheme’s ultimate goal is to market electric mobility by providing financial incentives for automobile purchases also because of the development of electric transportation and charging infrastructure. Incentives are offered for three-wheelers, four-wheelers, and electric two-wheelers under the scheme. 

    The scheme’s Phase II began on April 1, 2019, and can be finished by March 31, 2022. Phase II may be a more comprehensive version of the primary. FAME India clinical test would cost Rs 10000 crores and can run for three years, from April 1, 2019, to March 31, 2022.

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  • General Anti-Avoidance Rule

    General Anti-Avoidance Rule

    General Anti Avoidance
    Rule

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    The General Anti-Avoidance Rule (GAAR) is an anti-tax assessment aversion regulation in India to check tax avoidance and keep away from charge spills. It became effective on the first of April 2017. The GAAR arrangements go under the Income Tax Act, 1961. GAAR is an apparatus for checking forceful assessment arranging particularly that exchange or business course of action which is/are placed into with the target of keeping away from charge.

    It is explicitly pointed toward slicing income misfortunes that happen to the public authority because of forceful assessment evasion measures rehearsed by organizations. In the Vodafone case, the greatest impression of Indian Taxation history is one of the principal purposes behind the structure of GAAR.

    GAAR is viable from evaluation year 208-19. Intended to be applied to exchanges are at first sight legitimate however bring about charge decrease. Extensively charge decrease can be of the accompanying three classes:

    • Tax Mitigation
    • Tax Avoidance
    • Tax Evasion

    The Idea Of Tax Evasion, Tax Avoidance, And Tax Mitigation

    Tax Mitigation is a ‘positive’ term with regards to a circumstance where citizens exploit a monetary motivating force given to them by a duty regulation by following its circumstances and taking cognizance of the financial results of their activities. Charge relief is allowed under the Act. This charge decrease is adequate even after GAAR has come into force.

    Tax Evasion is the point at which an individual or substance doesn’t pay the charges that is because of the public authority. This is unlawful and at risk of arraignment. Wrongdoing, wilful concealment of realities, distortion, and misrepresentation all comprise tax avoidance, which is restricted under regulation. This is likewise not covered by GAAR as the current statute is adequate to cover tax avoidance/Sham exchanges.

    Tax Avoidance incorporates activities taken by a citizen, none of which are illicit or illegal by the law. Nonetheless, albeit these are not restricted by the law, they are viewed as bothersome and biased, since they subvert the target of a powerful assortment of income. GAAR is explicitly against exchanges where the sole goal is to stay away from charge. In this, the citizens utilized lawful advances which bring about a charge decrease, which steps could never have been attempted on the off chance that there was no expense decrease. This sort of expense evasion arranging is looked to be covered by GAAR.

    With GAAR there is no distinction between charge avoidance and tax evasion. All exchanges which have the ramifications of staying away from expense can go under the scanner of GAAR.

    When Can GAAR Apply?

    According to the arrangement of the Income Tax Act, GAAR would apply to a course of action went into by the citizen which might be pronounced to be an impermissible evasion understanding (IAA).

    This arrangement begins with a non-obstante statement. Along these lines, it has a superseding pertinence.

    General-Anti-Avoidance-Rule

    For What Reasons Was GAAR Introduced In India?

    • Numerous nations have an explicit enemy of duty evasion regulations to different degrees.
    • Australia has one beginning around 1981.
    • The GAAR was presented in India after Vodafone manage Hutchison-Essar. This arrangement occurred in the Cayman Islands.
    • According to the public authority, above USD 2 billion was lost in charges.
    • In the resulting case, the Supreme Court decided on Vodafone.

    GAAR Invoking Procedure

    • The Assessing Officer makes a reference to the Tax Commissioner about a potential GAAR case.
    • The Income Tax Commissioner gives a notification to the citizen in the wake of affirming that the course of action is an impermissible evasion game plan (IAA).
    • The citizen then, at that point, records archives showing that the course of action isn’t IAA.
    • Ifat the IT Commissioner isn’t happy with the clarification, the case can be alluded by him to the Approving Panel.
    • The Panel inspects the case and afterwards gives his bearings which apply to the citizen and the expense specialists.
    • Then, at that point, the Assessing Officer requests the citizen. 

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  • Tax Clearance Certificate

    Tax Clearance Certificate

    Tax Clearance
     Certificate

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    What Is Income Tax Clearance Certificate?

    Income Tax Clearance Certificate is an archive given by the Government of India approving that the individual has properly paid every one of the assessments due and has no forthcoming responsibility.

    When Is An Income Tax Clearance Certificate Required, And Who Is Eligible?

    An Income Tax Clearance Certificate is required when an individual is leaving the nation and fulfils every one of the accompanying 3 circumstances, for example

    • He/she is certainly not an occupant of India;
    • Has come to India regarding business, calling, or work; and
    • Has pay gotten from any source in India?

    For What Reason Do You Want Income Tax Clearance Certificate?

    Tax Clearance Certificate

    To guarantee that a non-occupant has properly paid every one of the duties on the pay procured in India through work or business before he leaves the country.

    How To Get an Income Tax Clearance Certificate?

    Assuming you are at risk to get an Income Tax Clearance Certificate, the main thing that you need to do is,

    If in business: take an endeavour in the recommended structure from the business

    If in business: take an endeavour in the recommended structure from the individual of the pay,

    such that the charge payable by you regarding the pay procured in India will be paid by the Indian Resident, and afterwards go to the IT office with the endeavour.

    On receipt of a similar, you will quickly get the no-protest testament as Tax Clearance Certificate for leaving India.

    Who Doesn’t Need an Income Tax Certificate?

    An inhabitant Indian who ventures abroad for any reason other than leaving India for all time isn’t expected to get an Income Tax Clearance Certificate yet needs to outfit his PAN.

    A non-inhabitant Indian who had visited the country for any reason other than business, calling, or work is likewise not expected to get an Income Tax Clearance Certificate while leaving the country.

    What Happens On The Non-Accommodation Of Income Tax Clearance Certificate?

    It is the obligation of the carriage proprietor (aeroplane or boat) to check the Income Tax Clearance Certificate of the traveller. On the off chance that they neglect to do as such, they become responsible to pay charges for that traveller.

    Also, if there should be an occurrence of a contract plane or boat the proprietor himself is obligated to pay every one of the charges due and get an Income Tax Clearance Certificate. On the off chance that he neglects to do as such, it will be treated as an arrear of expense from him and will be recuperated by the Government.

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  • Profits and Gains of Business or Profession – Income Tax

    Profits and Gains of Business or Profession – Income Tax

    Profits and Gains of Business or Profession – Income Tax

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    One of the heads of income under the Income Tax Act is “profit and gains of business or profession.” The Income Tax Act divides a taxpayer’s taxable income into five categories or heads of income for the purpose of determining his or her tax due. After salaries and residential property income, business profits are the third type of income covered by the Act. This heading is used to categorize or aggregate income generated by the taxpayer in the course of his or her business or professional activities. The taxpayer must state the number of profits and gains from a business or profession when filing an income tax return if the assessee has any such income. 

    List of Earnings Categorized as Profits and Gains from a Business or Profession

    Under the heading “Profits and gains of business or profession,” the following incomes will be subject to income tax:

    • Protis and earnings are derived from any business conducted by the assessee at any time throughout the financial year.
    • Any payment or compensation owed to or received by:
    1. Any person in connection with the termination or modification of an arrangement for the management of an Indian company or another company’s entire or nearly entire affairs.
    2. At or in connection with the termination or modification of the terms of the agency, any person holding an agency in India for any part of the activities connected to the business of any other person.
    3. Any individual for or in connection with the Government, or any corporation owned or controlled by the Government, receiving the management of any property or business under any law in effect at the time.
    4. Profits earned by a trade, professional, or similar organization from specialized services provided to its members. This is an exception to the usual rule that a surplus generated by a mutual organization cannot be considered taxable income.
    • The following are some of the export incentives:
    1. Profits from the sale of import licenses issued under the Imports (Control) Order for exports.
    2. Cash aid, by whatever name, received or receivable in exchange for export.
    3. Customs and Central Excise duties have downsides.
    4. Any gain from the sale of the Duty Entitlement Pass Book Scheme.
    5. Any profit from the sale of the Duty-Free Replenishment Certificate.
    • Any benefit or perquisite arising during the course of doing business or practicing a profession, whether convertible into money or not.
    • Interest, salary, bonus, commission, or other income owed to or received by a Partner of a Firm from the firm in which he is a partner.
    • Any monetary or in-kind payment received or due under a contract for:
    1. Not engaging in any business or profession-related activities.
    2. Not sharing any know-how, patents, copyright, trademarks, licenses, franchises, or other business or commercial rights of a similar kind, as well as any knowledge or technique that could aid in the manufacture or processing of goods or services.
    • Any payment made under a Keyman Insurance Policy, including any incentive payments made under the policy. 
    • Any money obtained or receivable, in cash or in-kind, on account of any capital asset being demolished, destroyed, discarded, or transferred, if the entire cost of the capital asset has been deducted under Section 35AD.

    If a business was carried on by the assessee at any time during the financial year, one of the main factors in determining whether an income must be classified under profits and gains of business or profession is whether a business was carried on by the assessee at any time during the financial year. It is not required, however, that the business be conducted throughout the fiscal year or until the end of the fiscal year.

    Profits and Gains of Business are used to classify other income

    There are certain exceptions to the preceding norms. Even if the assessee did not run a business the previous year, the following incomes must be recorded as Profits and Gains of Business.

    • Any loss, expense, or trade responsibility that was previously allowed as a deduction is now recoverable.
    • In the case of electrical companies, there is a balancing charge.
    • A capital asset that was employed for scientific research was sold.
    • Recovering from bad debts is a difficult task.
    • Any sum that has been taken from a Special Reserve.
    • In the case of assessees who utilize a cash accounting system, receipt of discontinued business.

     

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  • Casual Taxable Person – GST Registration

    Casual Taxable Person – GST Registration

    Casual Taxable Person Gst Registration

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    Casual Taxable Person – GST Registration:

    Under GST, all casual taxable persons are given special status. A casual taxable person is defined by the GST Act as a person who, in the course or furtherance of business, occasionally engages in transactions involving the supply of goods or services, or both, whether as principal, agent, or in any other capacity, in a State or a Union territory where the entity has no fixed place of business. As a result, people who run transitory businesses at fairs or exhibitions, as well as seasonal businesses, would be considered casual taxable individuals under the GST. In this essay, we’ll look at how to register for GST as a casual taxpayer.

    Casual Taxable Person - GST Registration

    Regular Taxpayers vs. Casual

    Taxpayers Persons who are categorized as regular taxable persons must register for GST as regular taxable persons. These individuals will be subject to the regular person’s tax, rather than the casual or non-resident taxable person’s tax. As a result, regular taxable individuals are those who have an established place of business in India.

    Unless a regular taxpayer enrolls in the GST composition scheme, he or she will be required to file monthly GST returns, keep accounts in accordance with the GST Act, keep a fixed place of business, and follow GST regulations.

    Casual taxable persons would struggle to maintain a regular place of business or file monthly GST returns on a consistent basis since their business is seasonal and they do not have a fixed location. Special provisions for the registration of casual taxable persons have been included in the GST Act to address the unique needs of such taxpayers.

    GST Registration for Casual Taxable Person

    Regardless of yearly aggregate turnover, all persons designated as casual taxable persons should be required to register for GST. Furthermore, the casual taxable person must register for GST at least 5 days prior to the start of operations. Casual taxable persons can utilize FORM GST REG-01 to register for GST.

    GST Registration Deposit 

    During the validity term of the GST registration, casual taxable people must deposit an advance tax equal to the projected tax burden. The portal creates a temporary number for the GST deposit after you apply for GST registration. The site subsequently credits the taxpayer’s electronic cash ledger and issues a GST registration certificate. If necessary, the taxpayer may download it. 

    GST Registration Validity 

    The GST registration is valid for the term specified in the GST registration application or for 90 days from the date of registration, whichever comes first. The validity term for casual taxable people and non-residents is only indicated in the sample GST registration certificate below.

    GST Registration Has Been Extended

    If the concerned individual needs to extend his or her GST registration certificate beyond the date specified in the certificate, he or she must apply using FORM GST REG-11. Along with the request for a validity period extension, the taxpayer must also make an advance GST deposit based on the projected tax amount. The GST registration can be extended for up to another 90 days if the officer evaluating the application is satisfied and an advance GST deposit is submitted.

     

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