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Taxpayers Get Choice in Valuing Startup Investments (Angel Tax)

editor — Mon, 15 Apr 2024 05:00:14 +0000

The Delhi High Court ruled in favor of taxpayers, allowing them to select the method for valuing investments received from angel investors. This comes after a disagreement between a company (Agra Portfolio) and the Income Tax Department (IT Department) regarding the valuation of shares issued to an angel investor.

What is Angel Tax?

Angel tax refers to the tax levied on the difference between the fair market value (FMV) of shares allotted to an angel investor and the amount the investor paid for them.

The Case:

Agra Portfolio used the Discounted Cash Flow (DCF) method to determine the FMV of the shares. DCF estimates an investment’s value by considering its projected future cash flows. The IT Department, however, rejected this valuation and used the Net Asset Value (NAV) method instead. NAV calculates the value per share by dividing the company’s net assets (assets minus liabilities) by the total number of shares.

Court’s Decision:

The Court clarified that while the IT Department can question a taxpayer’s valuation report, it cannot impose a different valuation method. The Court emphasized that the Income Tax Act and Rules grant taxpayers the sole authority to choose the valuation method.

The IT Department can still scrutinize the report and conduct its own valuation (using the taxpayer’s chosen method) to challenge the taxpayer’s assessment.

Outcome:

The Court ordered the IT Department to re-evaluate Agra Portfolio’s case using the DCF method as chosen by the company.

This decision offers greater flexibility to startups and investors when determining the FMV of shares for angel investments.

Source: https://www.thehindubusinessline.com/economy/angel-tax-valuation-method-solely-assessees-choice-says-delhi-hc/article68043342.ece

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GSTN Issues Advisory on Automatic HSN-wise Summary Population in GSTR-1 Table 12 from e-Invoices

editor — Wed, 10 Apr 2024 05:22:53 +0000

The GSTN has released an important Advisory No. 630 dated April 09, 2024, regarding the automatic population of HSN-wise summaries from e-Invoices into Table 12 of GSTR-1.

GSTN is pleased to announce the introduction of a new feature that enables the automatic population of HSN-wise summaries from e-Invoices into Table 12 of GSTR-1 on the GST portal. This feature facilitates the direct drafting of HSN data into Table 12 based on e-Invoice data.

It is important to note that the HSN-wise summary data automatically populated into Table 12 is provided for your convenience. However, it is advised to reconcile this data with your records before final submission.

Any discrepancies or errors identified should be manually corrected or added to Table 12 before the final submission.

For further details, please refer to the Advisory accessible at: Link to Advisory

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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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GST Implications on Lump Sum Transfer Charges for Leasehold Rights

editor — Sat, 06 Apr 2024 04:51:43 +0000

In a recent ruling by the Uttar Pradesh Authority for Advance Rulings (AAR), Remarkable Industries (P.) Ltd. sought clarification regarding the GST implications on lump sum upfront premium paid as transfer charges for leasehold rights. The case, identified as Advance Ruling No. UP/ADRG/41/2023, offers significant insights into the classification and applicable GST rate concerning the transfer of leasehold rights.

Facts of the Case:

Remarkable Industries (P.) Ltd. ("the Applicant") operates in the manufacturing and selling of various products.
The Applicant acquired an industrial plot from the Noida Authority under a lease deed for a 99-year period.
The lease involved the payment of a lump sum upfront premium and subsequent annual lease charges.
After utilizing the plot for manufacturing purposes, the Applicant decided to transfer its leasehold rights to M/s S K Industries ("the Assignee") for consideration.
The transfer process required permission from the Noida Authority, payment of transfer charges by the buyer, and the execution of a fresh lease deed with the Assignee.
Notably, the transfer did not entail sub-leasing or creation of fresh benefits from the land; it solely involved the transfer of existing leasehold rights for consideration.

Issue:

Whether the activity of transferring leasehold rights by the Applicant constitutes sub-leasing and, if not, what is the appropriate classification and applicable GST rate for the said activity?

Held:

The Uttar Pradesh, AAR in Advance Ruling No. UP/ADRG/41/2023 held as follows:

The activity of the Applicant is akin to agreeing to transfer one's leasehold rights and does not amount to sub-leasing.
The transfer represents compensation for agreeing to transfer the leasehold rights to the Assignee without creating additional benefits from the land.
As per the CGST Act and Schedule II, the transaction is classified as a service rather than a transfer of immovable property.
The Applicant's right under the lease deed is extinguished after assignment, and there is no creation of fresh benefits from the land.
The transaction falls under "Other miscellaneous service" (SAC 999792) and is taxable at an 18% GST rate as per Notification No. 11/2017-Central Tax (Rate) dated June 28, 2017.

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State’s GST Department Witnesses 43% Decline in GSTIN Applications Following Introduction of Biometric Verification to Combat Fraudulent Billing

editor — Fri, 05 Apr 2024 04:41:47 +0000

A notable development within the state’s GST department reveals a substantial 43% decrease in the average monthly count of GSTIN (Goods and Services Tax Identification Number) applications since November 2023. This reduction, from 26,800 applications to 15,350 between November last year and February this year, is not indicative of a slowdown in business or establishment formations. Rather, it reflects a strategic initiative by the state government aimed at curbing fraudulent billing practices right from the registration stage.

A new protocol mandating biometric verification for GSTIN applicants has been initiated as part of a pilot program. This additional step effectively filters out illegitimate applications, thereby contributing to the observed decline in application numbers. Rolled out in November 2023, this initiative aims to bolster the security and efficacy of the registration process. Similar pilot projects are also underway in Andhra Pradesh and Puducherry.

According to a senior official from the SGST department, fraudulent billing often commences with the acquisition of counterfeit GST registration through deceptive means. These fictitious entities’ GSTINs are then exploited to generate sham invoices and claim input tax credits without any actual exchange of goods. Additionally, instances have surfaced where individuals have discovered the unauthorized use of their banking and identity credentials for these fake registrations.

Bogus billing has posed a significant challenge for Gujarat, particularly since the GST rollout. The state government has incurred losses amounting to Rs 11,443 crore due to tax evasion schemes involving fraudulent billing practices. The cumulative value involved in such operations is nearing Rs 1 lakh crore since the GST’s inception.

Under the revised verification framework, applicants must undergo thumbprint authentication and furnish various identification documents during GST registration to verify their identity. Moreover, applicants may undergo further scrutiny in the future if deemed necessary. The integration of biometric verification is anticipated to act as a deterrent against fraudulent activities by ensuring that GST registrations are exclusively issued to legitimate entities.

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CBDT Enables Filing of Commonly Used ITRs from April 01, 2024

editor — Fri, 05 Apr 2024 04:32:42 +0000

The Central Board of Direct Taxes (CBDT) has introduced the option for taxpayers to submit their Income Tax Returns (ITRs) for the Assessment Year 2024-25 (pertaining to the Financial Year 2023-24) starting from April 01, 2024. Essential ITR forms such as ITR-1, ITR-2, and ITR-4, commonly used by taxpayers, are now accessible on the e-filing portal for filing returns. Additionally, companies can utilize ITR-6 to file their returns starting April 1.

In preparation for this, CBDT had released notifications for various ITR forms in advance. ITR-1 and ITR-4 were notified on December 22, 2023, followed by ITR-6 on January 24, 2024, and ITR-2 on January 31, 2024.

To support e-Return Intermediaries (ERI), CBDT has provided the JSON Schema for ITR-1, ITR-2, ITR-4, and ITR-6, along with the Schema of Tax Audit Reports for A.Y. 2024-25, which are accessible in the downloads section of the e-filing portal.

Thus, taxpayers are now able to file ITR-1, ITR-2, ITR-4, and ITR-6 for A.Y. 2024-2025 on the e-filing portal from April 01, 2024. As of now, approximately 23,000 ITRs for A.Y. 2024-25 have already been submitted. The option to file ITRs 3, 5, and 7 will be provided soon.

This marks a significant milestone as taxpayers can now file their returns on the very first day of the new financial year, demonstrating the Income Tax department’s commitment to enhancing compliance and providing efficient taxpayer services.

For accessing the Income Tax Returns website landing page, visit: eportal.incometax.gov.in/iec/foservices/#/login

For more details, refer to the Press Release: www.pib.gov.in/PressReleasePage.aspx?PRID=2017196

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Tax Liability cannot be imposed merely because the financial statement did not provide State-wise turnover

editor — Thu, 04 Apr 2024 10:14:35 +0000

The imposition of tax liability solely based on the absence of state-wise turnover information in financial statements has been contested in the legal realm. This matter was addressed by the Hon’ble Madras High Court in a recent case involving Tvl. Future General India Insurance Co. Ltd. versus Assistant Commissioner (State Tax) [WP No. 3534 OF 2024, dated February 16, 2024].

Facts:

Tvl. Future General India Insurance Co. Ltd. (“the Petitioner”) operated as a private general insurance firm, specializing in insurance services. On August 16, 2021, the Petitioner was served with an audit notice by the Assistant Commissioner (State Tax) (FAC) (“the Respondent”). In response, the Petitioner diligently furnished the necessary documents and addressed the discrepancies highlighted in the audit reports. Subsequently, after issuing both an intimation and a show cause notice (“the SCN”), the Competent Authority issued the assessment order on December 30, 2023 (“the Impugned Order”).

Within the Impugned Order, the issue of defect No. 10 arose, relating to variations in turnover between the Profit & Loss account and balance sheet, as opposed to the figures in GSTR-9. The Petitioner explained that these disparities stemmed from the inclusion of Pan-India operations in the financial statements, whereas GSTR-9 solely focused on turnover within Tamil Nadu. The Petitioner even provided a certificate from a Chartered Accountant, specifically outlining the turnover within Tamil Nadu, amounting to Rs. 80,89,05,068/-. However, despite this clarification and despite the Petitioner having already paid taxes on the stated turnover, the Respondent imposed State Goods and Services Tax (SGST) and Central Goods and Services Tax (CGST) at 18% each (36% combined) on the aforementioned turnover.

Dissatisfied with the assessment order, the Petitioner sought recourse by filing a writ petition before the Hon’ble High Court of Madras.

Top of Form

Issue:

The central question revolves around whether tax liability can be established solely due to the absence of state-wise turnover information in financial statements.

Held:

In its ruling on Writ Petition No. 3534 OF 2024, the Hon’ble Madras High Court made the following determinations:

The Court acknowledged the variation in turnover for entities operating across multiple states, emphasizing the importance of distinguishing total turnover from state-wise turnover.
It criticized the Competent Authority's decision to impose GST at a higher rate of 36% instead of the appropriate 18%, despite the Petitioner having already paid tax on the turnover in question.
The Impugned Order was deemed invalid and the case was remanded to the Respondent for reconsideration.
Furthermore, the Court directed the Respondent to afford the Petitioner a fair opportunity, including a personal hearing, and instructed issuance of a fresh assessment order within a maximum period of two months, in compliance with legal provisions.

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Delhi High Court Alters Retrospective Revocation of GST Registration

editor — Thu, 28 Mar 2024 04:52:32 +0000

In the legal case of Supreme Enterprises versus Principal Commissioner of Goods and Service Tax, North Delhi, the Delhi High Court recently deliberated on the matter of retroactively canceling GST registration.

Facts of the case:

The petitioner contested an order issued on 07.07.2023, which retroactively annulled their GST registration starting from 18.01.2022. This cancellation stemmed from a show cause notice dated 06.06.2023, citing non-compliance with return filing requirements. However, the notice lacked specificity and failed to afford the petitioner adequate opportunity to respond.

The petitioner had previously sought cancellation of their GST registration multiple times due to business closure, but these requests were denied. Subsequently, they received a show cause notice lacking in detailed explanations or justifications.

The order for cancellation lacked clarity and reasoning, casting doubt on its validity. It did not sufficiently explain the grounds for cancellation or the resulting liabilities, nor did it justify the retroactive nature of the cancellation.

Held:

The court stressed that retrospective cancellation of GST registration must be grounded in objective criteria and not solely on non-compliance with return filing obligations. It recognized the significant ramifications of such cancellations for both the taxpayer and their customers, particularly concerning input tax credit.

Taking into account the petitioner’s cessation of business operations, the court amended the contested order to cancel the registration effective from the date of business closure, i.e., 26.07.2022. The petitioner was instructed to adhere to the necessary regulations outlined in Section 29 of the CGST Act, 2017.

Nevertheless, the court clarified that the authorities could still pursue steps for recovering any outstanding dues, including retrospective cancellation, in accordance with the law.

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Validity of Assessment Orders in Light of Assessee’s Response

editor — Wed, 27 Mar 2024 07:01:20 +0000

The Delhi High Court, in the case of Emco Cables Pvt. Ltd. v. Union of India [W.P. 1622 of 2024, February 27, 2024], addressed the issue of the validity of an assessment order when the Assessee’s response hadn’t been duly considered. The court emphasized the importance of taking into account the Assessee’s reply before issuing an assessment order. It was highlighted that if further details were needed, it was the responsibility of the Revenue Department to request them from the Assessee.

Facts of the case:

The case stemmed from a Show Cause Notice (SCN) dated September 24, 2023, issued by the Revenue Department against Emco Cables Pvt. Ltd. The notice accused the Assessee of under-declaring output tax, claiming excessive Input Tax Credit (ITC), and claiming ITC from canceled dealers and non-taxpayers. The Assessee responded to the notice with a detailed reply. However, the subsequent order dated December 29, 2023 (Impugned Order), found the Assessee’s reply unsatisfactory and directed further action without adequately considering the response.

Issue:

The central issue revolved around whether an assessment order lacking consideration of the Assessee’s response could be deemed valid.

Held:

The Delhi High Court’s ruling in W.P. 1622 of 2024 outlined the following key points:

Emphasized the obligation of the Proper Officer to thoroughly assess the Assessee's reply before forming an opinion on its sufficiency.
Noted the failure of the Proper Officer to seek additional details from the Assessee if deemed necessary, rather than dismissing the response outright.
Criticized the lack of evidence suggesting that the Proper Officer had indeed reviewed the Assessee's submission.
Set aside the Impugned Order and remanded the case back to the Proper Officer for reconsideration.

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A Closer Look at the Significant Tax Adjustments Coming into Force on April 1, 2024

editor — Tue, 26 Mar 2024 07:04:10 +0000

April 1 signifies the start of a fresh fiscal year and holds great importance for personal finances, as many income tax adjustments from the Budget come into effect on this date. Additionally, various other alterations are also implemented, potentially influencing individual financial situations. These modifications were unveiled by Finance Minister Nirmala Sitharaman during her Budget speech this year. Let’s delve into some significant changes you need to know, such as the widened basic exemption thresholds, among others.

New Tax Regime Default Adoption

The default choice of the new tax regime is a significant alteration aimed at simplifying tax filing and encouraging more people to opt for the new regime.
The new regime offers reduced tax rates but fewer deductions and exemptions.
Taxpayers still have the option to continue with the old tax regime if it suits them better.

Elevated Basic Exemption Limit and Rebate

Effective from April 1, 2023, the basic exemption limit was raised to ₹ 3 lakh from ₹ 2.5 lakh under the new tax regime.
The rebate under Section 87A of the Income Tax Act, 1961, was increased to ₹ 7 lakh from ₹ 5 lakh.
Individuals with a taxable income up to ₹ 7 lakh under the new regime will receive a full tax rebate, exempting them from paying any income tax.

New Tax Slabs

Income between ₹ 3 lakh and ₹ 6 lakh will be taxed at 5%.
Income between ₹ 6 lakh and ₹ 9 lakh will be taxed at 10%.
Income between ₹ 9 lakh and ₹ 12 lakh will be taxed at 15%.
Income between ₹ 12 lakh and ₹ 15 lakh will attract a 20% tax.
Income above ₹ 15 lakh will be taxed at 30%.

Restoration of Basic Deduction

Reduced Surcharge

Life Insurance Taxation

Exemption of Enhanced Leave Encashment

Source: https://www.ndtv.com/india-news/new-tax-rules-to-come-into-effect-from-april-1-all-you-need-to-know-5283150

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