‘Income’ & ‘Expenditure’ Pertaining to Pre-Commencement Business Period: Whether Capital or Revenue? – An Insight for ‘Start-Ups’!! “To be curious is a good thing and to work towards satisfying ones’ curiosity is even better.”- Mayank Mohanka Introduction: The critical question concerning the nature and taxability of ‘income’ and ‘expenditure’ pertaining to the ‘pre-commencement business/commercial production’ […]
Sections 50C/43CA/56(2)(x) of Income Tax Act concerning Adoption of Circle Rates for Computation of Capital Gain/Business Profits/Income from Other Sources on Land & Building, Results in Double Taxation & are Contrary to Real Income Theory!! The Finance Act 2002 has introduced a new section 50C with effect from 1-4-2003, for the purpose of computation of […]
Time to Revisit Section 50C/43CA/56(2) of Income Tax Act concerning Adoption of Circle Rates for Computation of Capital Gain/Business Profits/Income from Other Sources on Land & Building!! The Finance Act 2002 has introduced a new section 50C with effect from 1-4-2003, for the purpose of computation of capital gains in real estate transactions, in the […]
Explore the flaws in conventional coercive tax recovery measures. This in-depth analysis highlights the need for a fresh approach to tax collection in our country.
Is the Constitutional Amendment in Article 370 of the Constitution of India has any Implications on Income Tax Act & GST Act? 1. Background: On 5 August 2019, the Hon’ble Union Home Minister Sh. Amit Shah has moved a resolution to amend Article 370 of the Constitution of India in the Rajya Sabha, so as to […]
Applicability of Section 56(2)(viia) & 56(2)(x) of the Income Tax Act, 1961 on Fresh /Bonus/Right Issue & Buy Back of Shares: An Undying Conundrum!! The provisions of section 56(2)(viia) of the Income Tax Act were inserted w.e.f. the Finance Act 2010, and read as under: Section 56(2) : “In particular, and without prejudice to the […]
Rationalisation of Insolvency & Bankruptcy Code (IBC): A lot has been done, still a lot more needs to be done….. The intent of the Legislature in repealing the erstwhile SICA Act and its substitution with the new Insolvency & Bankruptcy Code (IBC) 2016 was to ensure more effective, sensitive, holistic and timely financial revival of […]
The Union Budget 2019-20 has proposed several amendments/rationalisation measures aimed at encouraging and incentivizing NBFCs and these are discussed as under:
In this write-up, I am trying to decode these lesser talked about ‘Nuances and Deeper Implications’ of the proposed amendments in Finance (No. 2) Bill, 2019, in continuation to my earlier write-up titled ‘Decoding Union Budget 2019-20’, published on 6.7.2019, as under:
The proposed amendments by Union Budget 2019 can broadly be classified into two categories: (i) Tax Incentives Measures aimed at Encouraging Voluntary Compliance by Taxpayers; (ii) Measures aimed at widening and deepening of tax base, by further tightening of provisions/ loose ends.
