Book Description

This book is a commentary on the proposed provisions of the Finance Bill 2023. It consists of three divisions: • Direct Tax Laws (13+ Chapters | 80+ Sub-Topics) • Indirect Tax Laws (3+ Chapters | 20+ Sub-Topics) • Corporate & Allied Laws (1 Chapter | 3+ Sub-Topics) All complex provisions have been explained with illustrations which helps the readers to comprehend the new provisions in a simplified manner. The Present Publication is the 2023 Edition, authored by Taxmann's Editorial Team. The noteworthy features of the book are as follows: • Income-tax Proposed Amendments at a Glance • [Tax Rates] applicable for the assessment year 2024-25 • [Threadbare Analysis] on all proposed amendments • [Examples/Illustrations] to understand all complex provisions • [Charts & Tables] to get an overview of the provisions The coverage of the book is as follows: • Direct Tax Laws o Tax Rates Reckoner § Tax Rates § Rates of Surcharge § When should one opt for the alternative tax regime? § Concessional Tax Rates to promote new manufacturing Cooperative Societies § Winnings from Online Games o Taxation of Life Insurance Policies § Concept and Type of Life Insurance § Current Tax Provisions § Proposed Amendments § Analysis of amendments proposed in Section 10(10D) § Overview of tax on various Life Insurance Policies o Charitable and Religious Trusts § Introduction § Direct Grant of Regular Registration or Approval § Application for Provisional Registration or Approval § Deduction for Donation to Other Trusts § No Benefit of Rollback of Exemption Provisions § No Benefit of exemption provisions by filing an updated return of income § Time limit for filing form for accumulation of income § Incomplete or false information in the registration application can attract cancellation of registration/approval § Provisions of accreted tax extended to trusts not applying for re-registration or re-approval § Treatment of application out of corpus, loans or borrowings o Income from Business or Profession § Increase in the Threshold for Audit [Section 44AB] § Clarification about Benefits or Perquisites may be in cash or in-kind [Section 28(iv)] § Relaxation in the conditions to claim a deduction for preliminary expenses [Section 35D] § More expenses are added to the list of deductions allowed on a payment basis [Section 43B] § Categorisation of NBFC [Section 43D] o Capital Gains § Maximum Exemption under Section 54 or Section 54F shall not exceed Rs. 10 Crores § Exemption on conversion of gold to electronic gold receipts and vice versa § No double deduction for interest on housing loan § Cost of acquisition and cost of improvement of an intangible asset shall be nil § Special provisions for taxation of capital gains from market-linked debentures § Rationalising meaning of consideration in JDA transactions § Tax Incentives to IFSC [Section 47(viiad)] o Other Income § Expanding the scope of deeming provisions to gifts received by not-ordinary residents [Section 9] § Angel Tax on receiving excess share application money or premium from non-resident investors § Sum received from business trust to be taxable as residuary income o Carry Forward and Set Off of Losses § Relief to start-ups in carrying forward and setting off of losses [Section 79] § Facilitating certain strategic disinvestment [Section 72A and Section 72AA] o Deductions and Exemptions § Tax benefits to persons enrolled under Agnipath Scheme § Extension in the outer date for the incorporation of Start-up company [Section 80-IAC] § Regulation of Alternative Investment Funds § Eliminate double taxation of non-residents' income from offshore derivatives instruments § Exemption for news agencies under Section 10(22B) withdrawn § Return filing and timely inward remittance of proceeds for Section 10AA exemption § Removal of certain funds from Section 80G deduction § Removal of redundant provisions § Exemptions to income of development authorities o TDS/TCS § Relief from special provisions from a higher rate of TDS/TCS for non-filers of Income-tax returns [Section 206AB and Section 206CCA] § Increase in the rate of TCS on certain remittances § TDS rate on payment of EPF withdrawal reduced where PAN of EPF holder isn't available § Deduction of tax at source from winnings from online games § Removal of exemption from TDS on payment of interest on listed debentures to a resident § Applicability of threshold limit in case of TDS on winning from lottery, crosswords or horse races § Raising the limit for cooperative societies to take out cash without TDS § Clarificatory amendment in Section 194R § Benefit of treaty rate the time of TDS under Section 196A § Lower/Nil TDS certificate can be obtained for income received from the business trust o Assessments § Rationalisation of the limitation period of completion of an assessment § Inquiry for valuation of inventory § Set off and withholding of refunds in certain cases § Assistance to an authorised officer during search and seizure § Rationalisation of reassessment provisions § Modification in assessment – Relief for sugar cooperatives § TDS credit for income disclosed in past years' ITR o Penalties and Prosecutions § Account holders to pay the penalty for misreporting in SFTs § Penalty and prosecution if the deductor fails to 'ensure payment of TDS' § Insertion of sunset clause under Section 276A § No appeal against the order denying immunity from the penalty for under-reporting of income o Appeals § Appeal can be filed to the ITAT against the penalty order passed by the CIT(A) § A new appellate authority of the Joint Commission (Appeals) is introduced § Extension of time limit for disposing of pending rectification applications by the interim board of settlement [Section 245D] o Transfer Pricing § Business transactions with cooperative societies within the ambit of specified domestic transaction § Ten days time period to furnish transfer pricing report o Miscellaneous § Exclusion of NBFC from Thin Capitalisation § Uniform methodology for valuation of residential accommodation to employees § Adjusting advance tax in computing interest for updated return under Section 234B § Amendments in penalty provisions related to cash loans/transactions against primary cooperatives • Indirect Tax Laws o Goods and Services Tax Act § Proposal to allow composition dealers and unregistered dealers to affect the supply of goods through ECOs § Proposal to reverse ITC or pay tax on non-payment to vendors within 180 days § Value of exempt supply under Section 17(3) is proposed to include the supply of goods from bonded warehouse § Proposal to block ITC on CSR expenditure under Section 17(5) § Provisions of non-requirement of registration is proposed to be given overriding effect § Filing of GST Returns/statements proposed to be restricted to a maximum period of 3 years § Proposal to align provisional refund provisions with the present scheme of self-assessed ITC § Proposal to provide the manner of computation of period of delay for calculation of interest on delayed refunds § Imposition of penalty on ECO for furnishing incorrect information § Proposal to decriminalise certain offences under the GST law § Proposal to increase the threshold limit for prosecution to Rs. 2 Crores § Amendments proposed in the provisions relating to the compounding of offences § Proposal to insert a new Section for allowing consent-based sharing of information furnished by taxable person § Proposal to give retrospective effect for inclusion of in-bond sales and High Sea sales under Schedule III § Proposal to amend the definition of OIDAR services and non-resident taxable persons § Specific place of supply provisions for services of transportation of goods outside India is proposed to be omitted o Central Sales Tax Act § CESTAT is Proposed to Function as Authority to Settle Inter-State Disputes under CST Act o Customs Law § Proposal to exclude specified conditional exemption notifications from a validity period of 2 years § Proposed time limit of 9 months from the date of filing applications for passing final order by Settlement Commission § Retrospective amendments in the provisions relating to Anti-Dumping Duty, Countervailing Duty and Safeguard Measures o Customs Tariff and Central Excise Duty § Customs Duty Rate Changes § Changes in Central Excise Duty • Miscellaneous o Corporate & Allied Laws § Amendment to the Indian Stamp Act, 1899 § Amendment to the Prohibition of Benami Property Transaction Act, 1988 § Amendment to the Securities Contracts (Regulation) Act, 1956 § Amendment to the Government Savings Promotion Act, 1873