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Prosecution for failing to pay tax collected at source (TCS) introduced

February 2, 2022 3933 Views 0 comment Print

Sections 278A and 278AA are related to punishment with prosecution against persons for failure to pay tax to the credit of Central Government under Chapter XVII-B for tax deducted at source. However, similar provisions for offence with respect to tax collected at source under Chapter XVII-BB, providing for punishment with prosecution against persons failing to pay tax collected at source is not there under sections 278A and 278AA.Therefore, it is proposed to include section 276BB under sections 278A and 278AA owing to the similar nature of offences that are punishable under section 276B and section 276BB.

Cash credits under section 68 – Source of Source needs to be explained

February 2, 2022 14022 Views 0 comment Print

It is proposed to amend the provisions of section 68 of the Act so as to provide that the nature and source of any sum, whether in form of loan or borrowing, or any other liability credited in the books of an assessee shall be treated as explained only if the source of funds is also explained in the hands of the creditor or entry provider. However, this additional onus of proof of satisfactorily explaining the source in the hands of the creditor, would not apply if the creditor is a well regulated entity, i.e., it is a Venture Capital Fund, Venture Capital Company registered with SEBI.

Section 239A Application for refund of tax deducted which was not required to be deducted

February 2, 2022 11097 Views 0 comment Print

Amendment in the provisions of section 248 of Income-tax Act and insertion of new section 239A Section 248 of the Act provides that in a case where, under an agreement or other arrangement, a person who has deducted tax on any income paid to a non­resident, other than interest, under section 195 of the Act, […]

Govt withdraws Income Tax exemption under section 10(8), (8A), (8B) & (9)

February 2, 2022 3480 Views 0 comment Print

Withdrawal of exemption under clauses (8), (8A), (8B) and (9) of section 10 of the Income-tax Act, 1961- reg Clause (8) of the section 10 of the Act provides for exemption to the income of an individual who is assigned duties in India in connection with any co-operative technical assistance programmes and projects. Such co-operative […]

Section 115BBD- Withdrawal of concessional Tax rate on dividend income

February 2, 2022 25467 Views 0 comment Print

Withdrawal of concessional rate of taxation on dividend income under section 115BBD Section 115BBD of the Act provides for a concessional rate of tax of 15 % on the dividend income received by an Indian company from a foreign company in which the said Indian company holds 26 % or more in nominal value of […]

Taxation of virtual digital assets (Cryptocurrency, Crypto, Bitcoin)

February 2, 2022 6822 Views 0 comment Print

Scheme for taxation of virtual digital assets 1. Virtual digital assets have gained tremendous popularity in recent times and the volumes of trading in such digital assets has increased substantially. Further, a market is emerging where payment for the transfer of a virtual digital asset can be made through another such asset. Accordingly a new […]

Bonus & dividend stripping to be made applicable to securities & units

February 2, 2022 3357 Views 0 comment Print

Provisions pertaining to bonus stripping and dividend stripping to be made applicable to securities and units Section 94 of the Act contains anti avoidance provisions to deal with transactions in securities and units of mutual fund which, inter-alia, include dividend stripping and bonus stripping. 2. However, the current provisions of sub-section (8) of section 94 […]

CBDT widens scope of section 285B reporting & includes certain Specified Activities

February 2, 2022 6729 Views 0 comment Print

Widening the scope of reporting by producers of cinematograph films or persons engaged in specified activities Under section 285B, the producer of cinematographic films is obliged to furnish within 30 days from the end of the financial year or from the date of completion of the film, whichever is earlier, a statement containing particulars of […]

Section 194R TDS on benefit or perquisite of a business or profession

February 1, 2022 23256 Views 1 comment Print

TDS on benefit or perquisite of a business or profession As per clause (iv) of section 28 of the Act, the value of any benefit or perquisite, whether convertible into money or not, arising from business or exercise of profession is to be charged as business income in the hands of the recipient of such […]

TDS on sale of immovable property on higher of Agreement or stamp duty value

February 1, 2022 7743 Views 0 comment Print

In order to remove inconsistency, it is proposed to amend section 194-IA of the Act to provide that in case of transfer of an immovable property (other than agricultural land), TDS is to be deducted at the rate of one per cent. of such sum paid or credited to the resident or the stamp duty value of such property, whichever is higher.

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