Direct Tax Alert – May 2023

NOTIFICATION S.O. 2276(E) [NO. 31/2023/F. NO. 200/3/2023-ITA-I], DATED 24-5-2023 In exercise of the powers conferred by sub-clause (ii) of clause (10AA) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government, having regard to the maximum amount receivable by its employees as cash equivalent of leave salary in respect of the period of earned leave at their credit at the time of their retirement, whether superannuation or otherwise, hereby specifies the amount of Rs. 25,00,000 (twenty-five lakhs

Direct Tax Alert – April 2023

1. Personal income tax to GDP ratio rises to 2.94 in FY 2021-22 The Finance Minister, Smt. Nirmala Sitharaman chaired a periodic review meeting with the Central Board of Direct Taxes (CBDT). During the review meeting, the FM was apprised about the impact of various initiatives. Introducing new data sources in SFT has led to an 1118% increase in reported information. Further, FM was also apprised of the fact that the Personal Income Tax to GDP ratio has been steadily

Direct Tax – March 2023

Amendments to Finance Bill, 2023 Finance Bill, 2023 inserted a new provision- Section 50AA for calculation of capital gains resulting from the transfer, redemption, or maturity of Market Linked Debentures (MLDs). Section 50AA also provided the capital gains from MLDs shall be deemed to be short-term capital gain. Under the amendment to Finance Bill, the scope of this section has been expanded to cover specified mutual funds. “specified mutual fund”: means a mutual fund where not more than 35% of

Direct Tax Alert – February 2023

1. NOTIFICATION [No.09/2023/F.No.300196/39/2021-ITA-I] dated 01.03.2023 Vide this notification the Central Board of Direct Taxes (CBDT) has notified ‘Insolvency and Bankruptcy Board of India’ for the purposes of the clause (46) of section 10 of the Income-tax Act, 1961. The exemption shall be available in respect of Grants-in-aid, fees & fines collected under IBC and interest income accrues on them. 2. NOTIFICATION G.S.R. 118(E) [NO. 7/2023 [F. NO.370142/47/2023-TPL] dated 22.02.2023 Vide this notification the Central Board of Direct Taxes (CBDT) notifies

Direct Tax – January 2023

Vide this circular the Central Board of Direct Taxes (CBDT) has further extended the time limit to 31st March, 2023 for compliance to be made for claiming any exemption under section 54 to 54GB of the Income Tax Act, 1961 (“the Act”) in view of the Covid-19 Pandemic. The period of investment for capital gain exemption which was earlier extended to 30th September 2021 by Circular No.12/2021. 2. NOTIFICATION NO. 1 OF 2023 [DGIT(S)/ADG(S)-2/REPORTING PORTAL/2021/180], DATED 05-01-2023. Addendum to Notification No.

Direct Tax – December 2022

CBDT exempts Non-Residents (NR) not having PAN from mandatory e-filing of Form 10F till 31-03-2023. Partial Relaxation With Respect To Electronic Submission of Form 10F by Select Category of Taxpayers In Accordance With DGIT (Systems) Clarification for the purpose of clause (c) of Section 269ST of Income Tax Act, 1961 in respect of dealership/distributorship contract in case of Co-operative Societies- Section 269ST inter alia prohibits receipt of an amount of two lakh rupees or more by a person, in circumstances

Direct Tax Alert – October 2022

1.CIRCULAR NO. 21/2022 [F.NO. 275/25/2022-IT (B)], DATED 27-10-2022 Vide this circular the Central Board of Direct Taxes (CBDT)  in exercise of its powers under section 119 of the Income-tax Act, 1961, extends the due date of filing of Form 26Q for the second quarter of financial year 2022-23 from 31st of October, 2022 to 30th of November, 2022. 2. CIRCULAR NO. 22/2022 [F.NO.197/93/2022-ITA-1], DATED 1-11-2022 Vide this circular  dated 01.11.2022 the CBDT condones the delay in filing of Form 10A up

Direct Tax Alert

Loss from one Virtual Digital Asset (VDA) cannot be set off against income from another VDA. In our February month’s tax alert we mentioned the new scheme of taxation on virtual digital assets and also brought up the issue regarding the set-off of loss from one VDA with income of another VDA. Relevant extracts of the February tax alert: “Whether the loss from the transfer of virtual digital assets can be set off from the income earned from the transfer

Direct Tax Alerts for the month of December 2021

Form 56FF has been notified by the CBDT for claiming deduction u/s 10A of Income Tax Act,1961. CIT(A) is bound to allow requests for personal hearings in Faceless Assessment Scheme,2021 Important Judicial Precedents The powers of ITAT under Section 254(2) of the Act are only to rectify/correct any mistake apparent from the record. If the order passed by the ITAT was erroneous on merits, the remedy available to the Assessee was to prefer an appeal before the High Court. Therefore,

Central Board of Direct Taxes gave the Guidelines under Section 194Q of Income Tax Act, 1961. The CBDT Circular also covers the linkage between Sections 194Q, 194-O and 206C(1H).

E-auction services carried out through electronic portal, where the final price and payments are settled by seller/ buyer independently; Adjustment of various state levies and taxes other than GST; Applicability of section 194Q in the cases where exemption has been provided u/s 206C(1A); and Applicability of the provisions of section 194Q in the case of Government Departments (not a PSU). Important Judicial Precedents Provision for foreign travel expenses payable, as per binding contract, in respect of dealers/distributors who have achieved