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Tax Practitioners Urge Government to Rationalize Personal Income Tax in Upcoming Budget

editor — Wed, 17 Jul 2024 05:34:24 +0000

On Sunday, the All India Federation of Tax Practitioners (AIFTP) called on the government to alleviate the personal income tax burden on citizens in the forthcoming Union budget later this month.

The AIFTP president proposed raising the exemption limit to Rs 5 lakh. He emphasized the importance of simplifying the tax structure to facilitate easier compliance.

“Incomes between Rs 5 lakh and Rs 10 lakh should be taxed at 10 percent, between Rs 10 lakh and Rs 20 lakh at 20 percent, and incomes above Rs 20 lakh at 25 percent,” he stated in his memorandum to the Finance Minister.

Additionally, Jain, who is also the president of the Calcutta Citizens’ Initiative, suggested eliminating the surcharge and cess, arguing that their continuation is unjustified. He criticized the government for not adequately explaining the utilization of the education cess, underscoring that providing education and medical facilities is a fundamental government duty.

The memorandum also addresses the tax rate under section 115BBE on unexplained cash credits, loans, investments, and expenditures, which was increased to 75 percent plus cess during the demonetization period. Jain advocates for reverting this rate to the original 30 percent.

Source: Moneycontrol

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CBDT Issues New Guidelines for Section 148 Income Tax Notices

editor — Tue, 09 Jul 2024 05:59:47 +0000

The Central Board of Direct Taxes (CBDT) issued guidelines on June 26, 2024, via F.No.299/10/2022-Dir(Inv.III)/1522, detailing the procedure for issuing notices under Section 148 of the Income Tax Act, 1961.

Here are the key points:

Credible Information Requirement: The Assessing Officer (AO) can issue a notice under Section 148 only if credible information suggests that income has escaped assessment. This information may come from risk management systems, audit objections, information exchange agreements, whistleblower schemes, or court orders.
Approval for Extended Cases: For reassessments extending beyond three years from the relevant assessment year, approval from a specified authority is required to ensure thorough scrutiny and prevent frivolous reassessments.
Enclosures and Documentation: Notices must include relevant information and supporting documents. Details from the Investigation Wing or law enforcement agencies should be appropriately redacted if necessary. The notice must also mention the AO's name, designation, and any judicial orders relied upon.
Show Cause Notice: Before issuing a final reassessment notice, the AO must provide the assessee with a show cause notice under Section 148A, explaining the reasons for reassessment and offering an opportunity to respond.
Time Limits and Thresholds: Reassessment notices must generally be issued within three years from the end of the relevant assessment year. This period can be extended to ten years if the escaped income exceeds Rs. 50 lakh, ensuring the focus remains on cases with significant tax implications.

The complete guidelines can be accessed at the provided link:

https://www.nyca.in/wp-content/uploads/2024/07/CBDT_Guidelines_S148.pdf

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Approval of outstanding refunds must be completed by April 30, Income Tax Department.

editor — Wed, 10 Apr 2024 04:45:35 +0000

The Income Tax Department has announced a positive development for individuals awaiting their income tax refunds. They have set a firm deadline of April 30 for the approval of all pending refunds.

Since the opening of the portal for the Assessment Year 2024-25 on April 1, there has been considerable activity, with over 46,000 income tax returns filed within the initial five days. Out of these, close to 3,000 returns have already undergone processing.

The Department has devised an interim action plan for the current fiscal year, outlining specific timelines for addressing various taxpayer-related matters. Immediate attention has been directed towards the approval of pending refunds, particularly those withheld under section 241A due to potential adverse effects on revenue, following the completion of scrutiny assessments and necessary orders. Despite the issuance of refunds exceeding ₹3.36 lakh crore in the fiscal year 2023-24, complaints persist regarding pending refunds from previous fiscal years.

Officials emphasize the importance of approving all pending refunds related to e-returns filed on the Income Tax Business Application (ITBA) for all assessment years by April 30. Additionally, a deadline of June 30 has been set for resolving penalties in at least half of the cases that will become time-barred by March 31, 2025.

Furthermore, attention has been drawn to cases involving Tax Deducted at Source (TDS), with a one-month timeframe provided for disposing of all pending applications as of April 1, 2024, for NIL or lower TDS/TCS. Additionally, orders are expected to be issued by June 30 for cases where TDS surveys were conducted up to March 31, 2024.

Source: https://www.thehindubusinessline.com/economy/it-department-sets-april-30-as-deadline-for-approval-of-pending-refunds/article68042765.ece

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Form 15CA & 15CB: Key Components and Requirements Explained

editor — Sat, 30 Mar 2024 12:01:06 +0000

In today’s globalized economy, where cross-border transactions are commonplace, compliance with tax regulations is critical for both governments and businesses. Form 15CA and 15CB are essential tools introduced by the Indian government to streamline the process of remitting money overseas and ensure adherence to tax laws concerning international transactions.

Globalization and International Transactions: The rise of globalization has led to a significant increase in international trade, investments, and cross-border transactions. Businesses are expanding globally to access new markets and resources, leading to a surge in financial transactions across different jurisdictions.
Tax Compliance Challenges: With the growth of international transactions, ensuring tax compliance has become more challenging for tax authorities. Tax evasion and avoidance have become significant concerns, necessitating stricter regulatory measures.
Need for Regulatory Framework: Governments worldwide are introducing measures to enhance transparency and compliance in cross-border transactions to safeguard the integrity of the tax system and protect stakeholders' interests.
Introduction of Form 15CA and 15CB: Form 15CA and 15CB were introduced by the Indian Income Tax Department to monitor payments to non-residents. Form 15CA is a declaration of remitter, while Form 15CB is a certificate issued by a Chartered Accountant, ensuring compliance with Indian tax laws.
Key Objectives: These forms aim to enhance transparency, ensure tax compliance, and prevent tax evasion by providing details of cross-border transactions and certifying their compliance with relevant laws.
Impact on Globalization: While adding compliance requirements, Form 15CA and 15CB contribute to fostering a conducive environment for global trade by instilling confidence in the tax system and reducing risks associated with international transactions.

Form 15CA:

Overview:

Form 15CA is a declaration document required for remitting funds outside India. It is mandatory for individuals and businesses and can be conveniently filed online through the e-Filing portal.

Types:

Form 15CA has four sections based on the remittance amount and whether a certificate from a Chartered Accountant is obtained.

Form 15CB:

Overview:

Form 15CB is a declaration by a Chartered Accountant certifying compliance with the Income Tax Act, particularly when remittances exceed INR 5 lakh in a financial year.

Sections:

Form 15CB consists of six sections covering certification, remittance details, taxability, and accountant details.

Conclusion:

Navigating Form 15CA and 15CB requirements is essential for businesses and individuals involved in foreign transactions. Understanding these forms’ purpose and procedures ensures compliance with Indian tax regulations, fostering trust and efficiency in the global financial ecosystem.

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Filing of Form 10-IEA for Income-Tax Return

editor — Wed, 20 Mar 2024 09:47:20 +0000

The Income-Tax Department has introduced Form 10-IEA for individuals who wish to switch back to the old tax regime from the new one. Here’s a breakdown of what you need to know about this form and its implications:

Introduction of New Tax Regime: The new tax regime was initially introduced under the Union Budget 2020. However, it was made the default tax regime by the Budget 2023.
Default Selection: By default, individuals are placed under the new tax regime unless they choose to opt-out.
Need for Form 10-IEA: Individuals who want to revert to the old tax regime need to fill out Form 10-IEA. This form requires various details, including PAN, tax status (individual, HUF, etc.), and any tax benefits claimed for the International Financial Services Centre (IFSC). It also asks for the taxpayer's history of switching between tax regimes.
Deadline: Form 10-IEA must be submitted before the tax filing deadline of July 31, 2024. Failure to do so could result in the taxpayer being unable to switch to the old regime later in the year.
Implications: Switching back to the old tax regime may be beneficial for individuals who want to claim deductions and exemptions not allowed under the new regime, such as those under Section 80C, Section 80D, and deductions for home loan interest, education, house rent, and LTA.
Tax Rates: Under the new tax regime, lower-income groups benefit from lower tax rates. However, those earning between Rs 5 lakh and Rs 7.5 lakh may face higher taxes compared to the old regime due to fewer deductions and exemptions.
Clarity Awaited: There is still ambiguity regarding whether Form 10-IEA is mandatory for all individuals or only for certain categories like businessmen and self-employed individuals. Further clarity on the procedure for opting out of the tax regime is awaited from the Income-Tax Department.
Professional Income: Taxpayers filing under ITR-4 (for individuals with business or professional income) must submit Form 10-IEA to opt out of the new tax regime.
Importance of Details: Although providing past details may seem cumbersome, it's crucial for ensuring accurate claims of deductions and exemptions. Self-employed individuals are allowed to switch back to the old tax regime only once in their lifetime.
Consequences of Non-Compliance: Failing to submit Form 10-IEA before the deadline could result in being unable to file belated tax returns under the old tax regime. This means forfeiting tax exemptions and being considered under the new tax regime automatically.

In summary, Form 10-IEA is a crucial document for individuals wishing to switch back to the old tax regime from the new one. It’s essential to understand its requirements and implications to make informed decisions about tax filing.

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CBDT Introduces Income Tax Return Form ITR-7 for AY 2024-25

editor — Mon, 04 Mar 2024 04:30:32 +0000

The Central Board of Direct Taxes (CBDT) has recently issued Notification No. 24/2024 dated March 01, 2024, announcing the release of the Income Tax Return (ITR) Form ITR-7 for the Assessment Year (A.Y.) 2024-25. This form is specifically designed for individuals and companies obligated to file returns under sections 139(4A), 139(4B), 139(4C), or 139(4D) of the Income Tax Act. The notification comes into effect from April 01, 2024.

ITR-7 serves the purpose of tax compliance for entities falling under the aforementioned sections, ensuring adherence to the Income-tax Rules, 1962 as specified in rule 12.

For further details and to access the complete notification here: https://www.nyca.in/wp-content/uploads/2024/03/CBDT-Introduces-Income-Tax-Return-Form-ITR-7-For-AY-2024-25.pdf

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