Income Tax

Understanding the Special Provision for Computing Profits and Gains of Shipping Business in the Case of Non-Residents Section 44B of Income Tax Act 1961

Understanding the Special Provision for Computing Profits and Gains of Shipping Business in the Case of Non-Residents Section 44B of Income Tax Act 1961

Section 44B, of Income Tax Act, 1961 Section 44B, of Income Tax Act, 1961 states that (1) Notwithstanding anything to the contrary contained in sections 28 to 43A, in the case of an assessee, being a non-resident, engaged in the business of operation of ships, a sum equal to seven and a half per cent of the aggregate of the amounts specified in sub-section (2) shall be deemed to be the profits and gains of such business chargeable to tax under the head “Profits and gains of business or profession”. (2) The amounts referred to in sub-section (1) shall be the following, namely :— (i)  the amount paid or payable (whether in or out of India) to the assessee or to any person on his behalf on account of the carriage of passengers, livestock, mail or goods shipped at any port in India; and (ii)  the amount received or deemed to be received in India by or on behalf of the assessee on account of the carriage of passengers, livestock, mail or goods shipped at any port outside India. Explanation.—For the purposes of this sub-section, the amount referred to in clause (i) or clause (ii) shall include the amount paid or payable or received or deemed to be received, as the case may be, by way of demurrage charges or handling charges or any other amount of similar nature.

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Understanding Section 48 of the Income Tax Act 1961 for Insurance Business

Demystifying Insurance Business Section 44 of Income Tax Act 1961

Section 44, of Income Tax Act, 1961 Section 44, of Income Tax Act, 1961 states that Notwithstanding anything to the contrary contained in the provisions of this Act relating to the computation of income chargeable under the head “Interest on securities”, “Income from house property”, “Capital gains” or “Income from other sources”, or in section 199 or in sections 28 to 43B, the profits and gains of any business of insurance, including any such business carried on by a mutual insurance company or by a co-operative society, shall be computed in accordance with the rules contained in the First Schedule.

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The Last date to file Income Tax Return for AY 2024-25

Mark your calendars! The deadline for filing Income Tax Return (ITR) for AY 2024-24 is approaching. For most taxpayers, it’s July 31, 2024. But, if you’re required to get your accounts audited, such as companies and LLPs, the due date is October 31, 2024. Don’t miss it! Hi my name is CA Bhuvnesh Kumar Goyal, I am a practicing CA registered with the Institute of Chartered Accountants of India and I have been filing Income Tax Returns for Individuals, Companies, Salaried employees, Capital Gain cases and business ITR’s since 2009. Lets see different types of taxpayers and applicable last date on them respectively. Types of taxpayers and respective Income Tax Return Last Date As per section 2(31) of Income Tax Act, 1961, following are the different kinds of persons and taxpayers:  Individual, Hindu undivided family, Company, Firm, Association of persons or a body of individuals, whether incorporated or not, Local authority, and every artificial juridical person, not falling within any of the preceding sub-clauses. Individual The last date for filing Income Tax Return in case of individuals for Assessement Year 2024-25 is 31st July 2024. The following category of individuals and incomes are included in this Salaried Employee Individual earning Interest on fixed deposits Individuals receiving pension Individuals running business having turnover less than the audit threshold All other individuals except business with audit requirements. Hindu Undivided Family The last date for filing Income Tax Return in case of HUF for Assessement Year 2024-25 is 31st July 2024. Exception: Audit Cases Company The last date for filing Income Tax Return in case of a company for Assessement Year 2024-25 is 31st Oct 2024. Company means a Company registered under Companies Act. Such company needs to file ITR in its own capacity as its a separate legal entity. Further, every company has to file ITR irrespective of turnover and business activities. Firm The last date for filing Income Tax Return in case of Firm for Assessement Year 2024-25 is 31st July 2024. Firm includes partnership firms which are separetly required to file ITR in the capacity of partnership firm separate from partners. Exception: Audit Cases Association of persons or a body of individuals, whether incorporated or not The last date for filing Income Tax Return in case of HUF for Assessement Year 2024-25 is 31st July 2024. Exception: Audit Cases Local authority, and every artificial juridical person, not falling within any of the preceding sub-clauses. The last date for filing Income Tax Return in case of Local authority, and every artificial juridical person, not falling within any of the preceding sub-clauses. for Assessement Year 2024-25 is 31st July 2024. Exception: Audit Cases Last date for audit cases The last date for Individuals, HUF, Firms i.e any person other than company whose accounts are required to be audited under this Act or under any other law for the time being in force is 31st Oct 2024. Further it also includes the partners of a firm whose books of accounts are required to be audited Last date for transfer pricing cases 30th November 2024 FAQ What is the last date to revise my ITR for AY 2024-25 The last date to file a revised Income Tax Return is 31st Dec 2024 What if I miss the last dates for filing ITR, can I also file them later on Yes you can file a Income Tax Return after the last date as well in the form of belated return or updated return. The belated return can be filed upto 31st Dec 2024 and the updated return can be filed upto 31st March 2027 for the AY 2024-25. Belated return upto 31st Dec 2024 is the last chance given to you, where you can file your ITR in all cases with deposit of Lated Filing Penalties & Interest. Whereas, Updated return can only be filed in certain cases with late filing penalties and interest. It is not allowed in all the cases. What happens if I fails to file my ITR within the last dates If you fails to file ITR within the due dates then Interest and Penalties will be applicable in such case. Further, a tax notice may also be issued to you in case you have Income more than Rs 2.5 Lakhs or in case there is certain Income tax due on you. Further, in case of a company, the itr is required to be filed irrespective of the income. What are the penalties and interest to be paid in case of late filing or non filing of ITR. Interest: Interest at the rate of 1% per month Rs 1000 penalty for Income less than Rs 500000 Rs 5000 Penalty for Income more than Rs 500000 Further, you can also receive a tax notice from Income Tax Departement for non-filing of Income Tax Return to show cause as to why you did not filed your Income Tax Return. The same need to be replied and justified. If it is found that you had some taxable income and some tax was payable then additional penalty may also be imposed in the name of Income Escapement Penalties.

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Understanding the Importance of THE SECOND SCHEDULE Sections 222 and 276 of Income Tax Act 1961

Understanding the Importance of THE SECOND SCHEDULE Sections 222 and 276 of Income Tax Act 1961

Introduction Are you looking to understand about Understanding the Importance of THE SECOND SCHEDULE Sections 222 and 276 of Income Tax Act 1961 ?  This detailed article will tell you all about Understanding the Importance of THE SECOND SCHEDULE Sections 222 and 276 of Income Tax Act 1961. Hi, my name is Shruti Goyal, I have been working in the field of Income Tax since 2011. I have a vast experience of filing income tax returns, accounting, tax advisory, tax consultancy, income tax provisions and tax planning. When it comes to taxation, India has one of the most complex systems in the world. The Income Tax Act 1961 is the primary legislation governing the taxation system in India. The act provides comprehensive provisions for the computation, assessment, and collection of income tax in India. It is a vital tool in the hands of the government for generating revenue and ensuring social welfare. THE SECOND SCHEDULE Sections 222 and 276 of the Income Tax Act 1961 play a crucial role in the tax collection process in India. Understanding THE SECOND SCHEDULE Sections 222 and 276 of Income Tax Act 1961 To understand the importance of these sections, let’s first look at what they entail. What is THE SECOND SCHEDULE of Income Tax Act 1961? THE SECOND SCHEDULE of the Income Tax Act 1961 provides the procedural rules for the collection of tax. It specifies the different modes of tax collection, the time limit for making payments, and the penalties for non-payment or delayed payment. What is Section 222 of Income Tax Act 1961? Section 222 of the Income Tax Act 1961 deals with the tax arrears. It specifies the recovery process of any outstanding tax due from the taxpayer. According to this section, the tax authorities can recover the tax arrears by following a specific process. What is Section 276 of Income Tax Act 1961? Section 276 of the Income Tax Act 1961 deals with the non-payment or delayed payment of tax. It specifies the penalties for non-payment or delayed payment of tax. According to this section, if the taxpayer fails to pay the tax on time or intentionally evades paying tax, they can face severe consequences. Importance of THE SECOND SCHEDULE Sections 222 and 276 of Income Tax Act 1961 Now that we have understood the meaning of these sections let’s see their significance in the Indian Income Tax system. Efficient Tax Collection Process THE SECOND SCHEDULE Sections 222 and 276 of the Income Tax Act 1961 provide a robust tax collection process. Section 222 specifies the recovery process of any outstanding tax dues, and Section 276 ensures that taxpayers pay their taxes on time. These sections act as deterrents against tax evasion and ensure the efficient collection of revenue. Protection of Taxpayer’s Rights THE SECOND SCHEDULE Sections 222 and 276 of the Income Tax Act 1961 also provide protection to taxpayers’ rights. Section 222 specifies the process for recovery of tax arrears, ensuring that the taxpayer’s interests are safeguarded. Section 276 also ensures that taxpayers are not penalized unfairly and provides an opportunity to appeal against the penalty imposed. Compliance with International Standards THE SECOND SCHEDULE Sections 222 and 276 of the Income Tax Act 1961 are also essential for compliance with international standards. As India aims to become a global economic powerhouse, it is crucial to align with international best practices. These sections ensure that India’s tax collection process is transparent, efficient, and fair. FAQs Can I appeal against the penalty imposed under Section 276 of the Income Tax Act 1961? Yes, you can appeal against the penalty imposed under Section 276 of the Income Tax Act 1961. What is the process of tax recovery under Section 222 of the Income Tax Act 1961? The tax authorities can recover the outstanding tax dues by following a specific process. This process includes sending a notice to the taxpayer asking for payment, attaching the taxpayer’s assets, and even auctioning the assets if necessary. Is it mandatory to pay taxes on time under Section 276 of the Income Tax Act 1961? Yes, it is mandatory to pay taxes on time under Section 276 of the Income Tax Act 1961. If you fail to pay the tax on time or intentionally evade paying tax, you can face severe penalties. What happens if I do not pay my tax arrears under Section 222 of the Income Tax Act 1961? If you do not pay your tax arrears under Section 222 of the Income Tax Act 1961, the tax authorities can take legal action against you, including attaching your assets and even imprisonment in some cases. Conclusion In conclusion, THE SECOND SCHEDULE Sections 222 and 276 of the Income Tax Act 1961 are essential provisions for the efficient functioning of the Indian tax system. These sections ensure that the tax collection process is transparent, efficient, and fair, and protect the taxpayer’s rights. Compliance with these provisions is mandatory, and any non-compliance can result in severe penalties. Therefore, it is crucial for taxpayers and tax authorities alike to understand and comply with the provisions of THE SECOND SCHEDULE Sections 222 and 276 of the Income Tax Act 1961.   THE SECOND SCHEDULE Sections 222 and 276, of Income Tax Act, 1961 THE SECOND SCHEDULE Sections 222 and 276, of Income Tax Act, 1961 states that Definitions. 1. In this Schedule, unless the context otherwise requires,— (a)  “certificate”, except in rules 7, 44, 65 and sub-rule (2) of rule 66, means the certificate drawn up by the Tax Recovery Officer under section 222 in respect of any assessee referred to in that section; (b)  “defaulter” means the assessee mentioned in the certificate; (c)  “execution”, in relation to a certificate, means recovery of arrears in pursuance of the certificate; (d)  “movable property” includes growing crops; (e)  “officer” means a person authorised to make an attachment or sale under this Schedule; (f)  “rule” means a rule contained in this Schedule; and (g)  “share in a corporation” includes stock, debenture-stock, debentures

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Understanding THE THIRD SCHEDULE Section 226(5) of Income Tax Act 1961: A Comprehensive Guide

Understanding THE THIRD SCHEDULE Section 226(5) of Income Tax Act 1961: A Comprehensive Guide

Introduction Are you looking to understand about Understanding THE THIRD SCHEDULE Section 226(5) of Income Tax Act 1961: A Comprehensive Guide ?  This detailed article will tell you all about Understanding THE THIRD SCHEDULE Section 226(5) of Income Tax Act 1961: A Comprehensive Guide. Hi, my name is Shruti Goyal, I have been working in the field of Income Tax since 2011. I have a vast experience of filing income tax returns, accounting, tax advisory, tax consultancy, income tax provisions and tax planning. Taxation is an essential aspect of any country’s economy. In India, the Income Tax Act 1961 governs the taxation system, and THE THIRD SCHEDULE section 226(5) is a crucial provision of the Act. This section is related to the deduction of tax at the source, and it has far-reaching implications for both taxpayers and employers. In this blog, we’ll provide a comprehensive guide to help you understand THE THIRD SCHEDULE section 226(5) of the Income Tax Act 1961. We’ll cover what it means, its significance, how it works, and answer some frequently asked questions. Understanding THE THIRD SCHEDULE Section 226(5) of Income Tax Act 1961 THE THIRD SCHEDULE section 226(5) of the Income Tax Act 1961 deals with the deduction of tax at the source. It states that when an employer makes any payment of salary or wages to an employee, they must deduct the appropriate amount of tax at the source and deposit it with the government. The section also provides guidelines on how to calculate the appropriate amount of tax to be deducted. The employer needs to consider the employee’s income, deductions, and exemptions before deducting tax. The rate of tax deduction depends on the employee’s income and the applicable tax slab. The main objective of this section is to ensure that taxpayers pay their taxes in a timely and efficient manner. By deducting the tax at the source, the government ensures that taxpayers don’t default on their tax payments. This provision also helps taxpayers to plan their taxes better as they can estimate their tax liability for the year based on their income. How does THE THIRD SCHEDULE section 226(5) work? To understand how THE THIRD SCHEDULE section 226(5) works, let’s consider an example. Suppose you’re an employee earning a salary of Rs. 50,000 per month. Your employer deducts TDS (tax deducted at source) of Rs. 5,000 per month and deposits it with the government. At the end of the financial year, when you file your income tax return, you’ll get credit for the TDS deducted by your employer. The TDS amount is adjusted against your total tax liability for the year. If the TDS amount is higher than your tax liability, you’ll get a refund from the government. If the TDS amount is lower than your tax liability, you’ll have to pay the remaining tax amount to the government. It’s important to note that THE THIRD SCHEDULE section 226(5) applies to all employees, including salaried individuals, freelancers, and consultants. Employers are required to deduct TDS on all payments made to their employees, including salary, bonus, commission, and other allowances. Frequently Asked Questions Q: What happens if the employer fails to deduct TDS under THE THIRD SCHEDULE section 226(5)? A: If the employer fails to deduct TDS, they’ll be liable to pay interest and penalty. The employee can also be penalized for non-payment of taxes. Q: Can an employee claim a refund if the employer deducts excess TDS? A: Yes, the employee can claim a refund of the excess TDS by filing their income tax return. Q: Is it mandatory for all employers to deduct TDS under THE THIRD SCHEDULE section 226(5) of the Income Tax Act 1961? A: Yes, it’s mandatory for all employers to deduct TDS under THE THIRD SCHEDULE section 226(5) of the Income Tax Act 1961. Failure to do so can result in penalties and legal action. Q: How can an employee ensure that the correct amount of TDS is deducted by the employer? A: An employee can ensure that the correct amount of TDS is deducted by providing accurate information about their income, deductions, and exemptions to their employer. They can also check their Form 26AS to verify the TDS amount deducted by the employer. Conclusion In conclusion, THE THIRD SCHEDULE section 226(5) of the Income Tax Act 1961 is a critical provision that ensures timely tax payments by taxpayers in India. It’s mandatory for all employers to deduct TDS from their employees’ salaries and deposit it with the government. This provision helps taxpayers to plan their taxes better and avoid defaulting on their tax payments. Employers must ensure that they deduct the correct amount of TDS based on their employees’ income, deductions, and exemptions. Failure to do so can result in penalties and legal action. As a taxpayer, it’s essential to understand your tax liability and file your income tax return in a timely and accurate manner. We hope that this comprehensive guide has helped you understand THE THIRD SCHEDULE section 226(5) of the Income Tax Act 1961. If you have any further questions or need assistance with your taxes, consult a tax professional or visit the Income Tax Department website. THE THIRD SCHEDULE section 226(5), of Income Tax Act, 1961 THE THIRD SCHEDULE section 226(5), of Income Tax Act, 1961 states that Distraint and sale. Where any distraint and sale of movable property are to be effected by any Assessing Officer or Tax Recovery Officer authorised for the purpose, such distraint and sale shall be made, as far as may be, in the same manner as attachment and sale of any movable property attachable by actual seizure, and the provisions of the Second Schedule relating to attachment and sale shall, so far as may be, apply in respect of such distraint and sale.

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Understanding the Significance of THE FIRST SCHEDULE Section 44 of Income Tax Act 1961

Understanding the Significance of THE FIRST SCHEDULE Section 44 of Income Tax Act 1961

THE FIRST SCHEDULE Section 44, of Income Tax Act, 1961 THE FIRST SCHEDULE Section 44, of Income Tax Act, 1961 states that Profits of life insurance business to be computed separately. 1. In the case of a person who carries on or at any time in the previous year carried on life insurance business, the profits and gains of such person from that business shall be computed separately from his profits and gains from any other business. Computation of profits of life insurance business. 2. The profits and gains of life insurance business shall be taken to be the annual average of the surplus arrived at by adjusting the surplus or deficit disclosed by the actuarial valuation made in accordance with the Insurance Act, 1938 (4 of 1938), in respect of the last inter-valuation period ending before the commencement of the assessment year, so as to exclude from it any surplus or deficit included therein which was made in any earlier inter-valuation period. Deductions. 3. [Omitted by the Finance Act, 1976, w.e.f. 1-4-1977. Earlier, the rule was first amended by the Finance Act, 1966, w.e.f. 1-4-1966 and by the Finance Act, 1965, w.e.f. 1-4-1965.] Adjustment of tax paid by deduction at source. 4. Where for any year an assessment of the profits of life insurance business is made in accordance with the annual average of a surplus disclosed by a valuation for an inter-valuation period exceeding twelve months, then, in computing the income-tax payable for that year, credit shall not be given in accordance with section 199 for the income-tax paid in the previous year, but credit shall be given for the annual average of the income-tax paid by deduction at source from interest on securities or otherwise during such period. B.—Other insurance business Computation of profits and gains of other insurance business. 5. The profits and gains of any business of insurance other than life insurance shall be taken to be the profit before tax and appropriations as disclosed in the profit and loss account prepared in accordance with the provisions of the Insurance Act, 1938 (4 of 1938) or the rules made thereunder or the provisions of the Insurance Regulatory and Development Authority Act, 1999 (4 of 1999) or the regulations made thereunder, subject to the following adjustments:— (a) subject to the other provisions of this rule, any expenditure or allowance including any amount debited to the profit and loss account either by way of a provision for any tax, dividend, reserve or any other provision as may be prescribed which is not admissible under the provisions of sections 30 to 43B in computing the profits and gains of a business shall be added back; (b)  (i) any gain or loss on realisation of investments shall be added or deducted, as the case may be, if such gain or loss is not credited or debited to the profit and loss account; (ii) any provision for diminution in the value of investment debited to the profit and loss account, shall be added back; 62(c) such amount carried over to a reserve for unexpired risks as may be prescribed in this behalf shall be allowed as a deduction: 63[Provided that any sum payable by the assessee under section 43B, which is added back in accordance with clause (a) of this rule, shall be allowed as deduction in computing the income under the said rule in the previous year in which such sum is actually paid.] C.—Other provisions Profits and gains of non-resident person. 6. (1) The profits and gains of the branches in India of a person not resident in India and carrying on any business of insurance, may, in the absence of more reliable data, be deemed to be that proportion of the world income of such person which corresponds to the proportion which his premium income derived from India bears to his total premium income. (2) For the purposes of this rule, the world income in relation to life insurance business of a person not resident in India shall be computed in the manner laid down in this Act for the computation of the profits and gains of life insurance business carried on in India. Interpretation. 7. (1) For the purposes of these rules—  (i)  [***] (ii)  “investments” includes securities, stocks and shares; (iii) [***] (iv) “life insurance business” means life insurance business as defined in clause (11) of section 2 of the Insurance Act, 1938 (4 of 1938) ; (v)  “rule” means a rule contained in this Schedule. (2) References in these rules to the Insurance Act, 1938 (4 of 1938), or any provision thereof, shall, in relation to the Life Insurance Corporation of India, be construed as references to that Act or provision as read with section 43 of the Life Insurance Corporation Act, 1956 (31 of 1956).

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Understanding the Implications of THE FOURTH SCHEDULE sections 2(38), 10(12), 10(25), 36(1)(iv), 6687(1)(d), 111, 192(4) of Income Tax Act 1961

Understanding the Implications of THE FOURTH SCHEDULE sections 2(38), 10(12), 10(25), 36(1)(iv), 6687(1)(d), 111, 192(4) of Income Tax Act 1961

Introduction Are you looking to understand about Understanding the Implications of THE FOURTH SCHEDULE sections 2(38), 10(12), 10(25), 36(1)(iv), 6687(1)(d), 111, 192(4) of Income Tax Act 1961 ?  This detailed article will tell you all about Understanding the Implications of THE FOURTH SCHEDULE sections 2(38), 10(12), 10(25), 36(1)(iv), 6687(1)(d), 111, 192(4) of Income Tax Act 1961. Hi, my name is Shruti Goyal, I have been working in the field of Income Tax since 2011. I have a vast experience of filing income tax returns, accounting, tax advisory, tax consultancy, income tax provisions and tax planning. Paying taxes is an important aspect of being a responsible citizen. However, the tax laws can be complex and confusing for many individuals. The Income Tax Act of 1961 is a comprehensive tax law in India that governs the taxation of income earned by individuals and businesses in the country. It consists of various sections, schedules, and rules that taxpayers need to comply with. One such schedule is THE FOURTH SCHEDULE, which contains details of the rates at which income tax is chargeable on the income of individuals, Hindu undivided families, and other entities. In this blog, we will discuss the implications of some of the sections of THE FOURTH SCHEDULE, namely sections 2(38), 10(12), 10(25), 36(1)(iv), 6687(1)(d), 111, and 192(4) of the Income Tax Act 1961. Understanding THE FOURTH SCHEDULE sections 2(38), 10(12), 10(25), 36(1)(iv), 6687(1)(d), 111, 192(4) of Income Tax Act 1961 Section 2(38) This section defines the term “speculative transaction.” According to the Income Tax Act, a speculative transaction is a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares, is settled otherwise than by the actual delivery or transfer of the commodity or scrip. In other words, a speculative transaction is a transaction in which the buyer or seller does not intend to take delivery of the underlying commodity or scrip. Such transactions are considered to be speculative in nature and are subject to different tax treatment. Section 10(12) This section deals with the tax treatment of leave encashment received by an employee. Leave encashment refers to the amount received by an employee in lieu of unused leave days. According to section 10(12) of the Income Tax Act, the amount received as leave encashment by a government employee is fully exempt from tax. However, for non-government employees, the exemption is limited to the minimum of the following three amounts: The amount actually received as leave encashment 10 months’ average salary The amount calculated as per the provisions of section 89(1) of the Income Tax Act Section 10(25) This section deals with the tax treatment of commuted pension received by an employee. Commuted pension refers to a lump-sum amount received by a retiree in lieu of a portion of their pension. According to section 10(25) of the Income Tax Act, commuted pension received by a government employee is fully exempt from tax. For non-government employees, the exemption is limited to the following: The amount received as commuted pension by the employee One-third of the total amount of pension that the employee is entitled to receive The amount calculated as per the provisions of section 89(1) of the Income Tax Act Section 36(1)(iv) This section deals with the tax treatment of bad debts. According to the Income Tax Act, a bad debt is a debt that has become irrecoverable. Section 36(1)(iv) allows for the deduction of bad debts from the profits and gains of a business or profession. However, in order for a bad debt to be allowed as a deduction, certain conditions must be met. For example, the debt must have been included in the income of the taxpayer in an earlier year, and the taxpayer must have written off the debt as irrecoverable in their books of account. Section 6687(1)(d) This section deals with the tax treatment of income received from a foreign source. According to the Income Tax Act, income received from a foreign source is taxable in India if it is received by a resident or a non-resident who is carrying on business or profession in India. Section 6687(1)(d) requires that income received from a foreign source by a resident or non-resident who is carrying on business or profession in India must be included in their total income for the year and taxed accordingly. Section 111 This section deals with the tax treatment of gains from the transfer of a capital asset. According to the Income Tax Act, gains arising from the transfer of a capital asset are subject to tax. Section 111 specifies that gains from the transfer of a capital asset acquired by the taxpayer before April 1, 1981, can be computed in one of two ways, whichever is more beneficial to the taxpayer: By taking the actual cost of acquisition as the cost of acquisition By taking the fair market value of the asset as on April 1, 1981, as the cost of acquisition Section 192(4) This section deals with the tax treatment of salary paid in arrears or in advance. According to the Income Tax Act, salary paid in arrears or in advance is taxable in the year in which it is received. Section 192(4) provides for the computation of tax in cases where salary is paid in arrears or in advance. The tax liability is calculated as if the salary had been received in the year to which it pertains. However, the taxpayer can claim relief under section 89 of the Income Tax Act if the tax liability is higher due to the payment of salary in arrears or in advance. FAQs Q: What is THE FOURTH SCHEDULE of the Income Tax Act 1961? A: THE FOURTH SCHEDULE contains details of the rates at which income tax is chargeable on the income of individuals, Hindu undivided families, and other entities. Q: What is a speculative transaction? A: A speculative transaction is a transaction in which a contract for the purchase or sale of any commodity,

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How Power to Remove Difficulties Section 298 of Income Tax Act 1961 Can Benefit Taxpayers

How Power to Remove Difficulties Section 298 of Income Tax Act 1961 Can Benefit Taxpayers

Introduction Are you looking to understand about How Power to Remove Difficulties Section 298 of Income Tax Act 1961 Can Benefit Taxpayers ?  This detailed article will tell you all about How Power to Remove Difficulties Section 298 of Income Tax Act 1961 Can Benefit Taxpayers. Hi, my name is Shruti Goyal, I have been working in the field of Income Tax since 2011. I have a vast experience of filing income tax returns, accounting, tax advisory, tax consultancy, income tax provisions and tax planning. The Income Tax Act 1961 is a comprehensive piece of legislation that governs the taxation of income in India. It lays down the rules and regulations for the assessment, collection, and recovery of income tax. However, as with any complex legal framework, there are bound to be difficulties that arise during its implementation. To address these difficulties, the government has been given the power to remove them under section 298 of the Income Tax Act 1961. This section is a powerful tool that can be used to provide relief to taxpayers who may be facing challenges in complying with the provisions of the act. In this blog, we will explore how the power to remove difficulties under section 298 can benefit taxpayers. What is the Power to Remove Difficulties Section 298 of Income Tax Act 1961? Section 298 of the Income Tax Act 1961 empowers the government to make rules for removing any difficulties that arise in the implementation of the act. This power can be exercised by the Central Board of Direct Taxes (CBDT), which is the apex body for the administration of direct taxes in India. The CBDT can issue orders, instructions, and circulars to remove any difficulties that may arise in the implementation of the act. These orders can be issued retrospectively or prospectively and can have the effect of modifying the provisions of the act. How Does Section 298 Benefit Taxpayers? The power to remove difficulties under section 298 can benefit taxpayers in several ways: 1. Provides Relief in Case of Unforeseen Circumstances There may be situations where taxpayers are unable to comply with the provisions of the Income Tax Act 1961 due to unforeseen circumstances. For example, a natural disaster may have destroyed the taxpayer’s records, making it difficult for them to file their tax returns. In such cases, the government can use the power under section 298 to provide relief to the taxpayer. 2. Ensures Consistency in Implementation of the Act The Income Tax Act 1961 is a complex piece of legislation that can be difficult to interpret and implement. The power to remove difficulties under section 298 ensures that there is consistency in the implementation of the act across the country. This can help to reduce confusion and ensure that taxpayers are not subjected to different interpretations of the law in different parts of the country. 3. Facilitates Ease of Doing Business The power to remove difficulties under section 298 can also help to facilitate ease of doing business in India. By providing relief to taxpayers who may be facing challenges in complying with the provisions of the act, the government can create a more business-friendly environment. This can help to attract investment and promote economic growth. FAQs Q1. Can the Power to Remove Difficulties Section 298 be Used Retroactively? Yes, the power to remove difficulties under section 298 can be used retrospectively. This means that the government can issue orders, instructions, and circulars that have the effect of modifying the provisions of the Income Tax Act 1961 with retrospective effect. Q2. Can the Power to Remove Difficulties Section 298 be Used Prospectively? Yes, the power to remove difficulties under section 298 can be used prospectively. This means that the government can issue orders, instructions, and circulars that have the effect of modifying the provisions of the Income Tax Act 1961 with prospective effect. Q3. Can Taxpayers Request Relief Under Section 298? No, taxpayers cannot request relief under section 298 of the Income Tax Act 1961. This power can only be exercised by the government through the CBDT. Q4. Are There Any Limits to the Power to Remove Difficulties Section 298? The power to remove difficulties under section 298 is not unlimited. The government cannot use this power to modify the substantive provisions of the Income Tax Act 1961. The power can only be used to remove difficulties that arise in the implementation of the act. Conclusion Section 298 of the Income Tax Act 1961 is a powerful tool that can be used to provide relief to taxpayers who may be facing challenges in complying with the provisions of the act. The power to remove difficulties can be used retrospectively or prospectively and can have the effect of modifying the provisions of the act. By using this power, the government can ensure consistency in the implementation of the act, provide relief in case of unforeseen circumstances, and facilitate ease of doing business in India. It is important to note that the power to remove difficulties under section 298 is not unlimited. The government cannot use this power to modify the substantive provisions of the Income Tax Act 1961. Taxpayers cannot request relief under this section and the power can only be exercised by the government through the CBDT. In conclusion, the power to remove difficulties under section 298 of the Income Tax Act 1961 can be a valuable tool for both taxpayers and the government. By using this power judiciously, the government can create a more business-friendly environment, promote economic growth, and ensure that taxpayers are not unduly burdened by the complexities of the act. Section 298, of Income Tax Act, 1961 Section 298, of Income Tax Act, 1961 states that (1) If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by general or special order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

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All You Need to Know About THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961

All You Need to Know About THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961

Introduction Are you looking to understand about All You Need to Know About THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961 ?  This detailed article will tell you all about All You Need to Know About THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961. Hi, my name is Shruti Goyal, I have been working in the field of Income Tax since 2011. I have a vast experience of filing income tax returns, accounting, tax advisory, tax consultancy, income tax provisions and tax planning. The Income Tax Act, 1961, is a comprehensive piece of legislation that lays down the rules and regulations regarding income tax in India. This act has been amended several times over the years to reflect changes in the country’s economic landscape. One of the most important provisions of the Income Tax Act, 1961, is THE FIFTH SCHEDULE Section 33(1)(b)(B)(i). This provision of the act deals with the tax deductions that are available to individuals and businesses for investments made in certain areas. In this blog post, we will take a closer look at THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of the Income Tax Act, 1961, and discuss its implications for taxpayers. What is THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961? THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of the Income Tax Act, 1961, deals with tax deductions that are available to individuals and businesses for investments made in certain specified areas. This provision of the act allows for deductions of up to 100% of the investment made in certain areas. The areas that qualify for these tax deductions include: Backward areas in certain states North-Eastern states of India Himachal Pradesh Jammu and Kashmir Lakshadweep Andaman and Nicobar Islands Who is Eligible for Tax Deductions under THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961? Individuals and businesses that invest in the areas specified under THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of the Income Tax Act, 1961, are eligible for tax deductions. However, the following conditions must be met to qualify for these deductions: The investment must be made in the specified areas. The investment must be made in a business that is engaged in manufacturing or production activities. The investment must be made before the specified date. How much Tax Deduction is Available under THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961? As per THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of the Income Tax Act, 1961, taxpayers can claim a deduction of up to 100% of the investment made in the specified areas. However, the deduction is subject to certain conditions. The maximum deduction that can be claimed under this provision of the act is: 100% of the investment made in the specified areas for a period of 5 years. 30% of the investment made in the specified areas for a period of 5 years after the initial 5-year period has expired. What are the Implications of THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961? THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of the Income Tax Act, 1961, has several implications for taxpayers. Some of the key implications are: Taxpayers can claim a deduction of up to 100% of the investment made in the specified areas, which can significantly reduce their tax liability. The provision aims to promote investments in certain areas, which can help in the development of these areas and create employment opportunities. This provision can be especially beneficial for small and medium enterprises (SMEs) that are engaged in manufacturing or production activities in the specified areas. Taxpayers must ensure that they meet all the conditions specified under THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of the Income Tax Act, 1961, to claim the deductions. It is important to note that the deductions are available only for a limited period of time, and taxpayers must make their investments before the specified date to qualify for the deductions. FAQs Q. Can individuals claim tax deductions under THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of Income Tax Act 1961? A. Yes, individuals and businesses engaged in manufacturing or production activities can claim tax deductions under this provision of the act. Q. What is the maximum deduction that can be claimed under this provision? A. Taxpayers can claim a deduction of up to 100% of the investment made in the specified areas for a period of 5 years. After the initial 5-year period, taxpayers can claim a deduction of up to 30% of the investment made in the specified areas for another 5 years. Q. What are the specified areas under this provision? A. The specified areas include backward areas in certain states, the North-Eastern states of India, Himachal Pradesh, Jammu and Kashmir, Lakshadweep, and the Andaman and Nicobar Islands. Conclusion THE FIFTH SCHEDULE Section 33(1)(b)(B)(i) of the Income Tax Act, 1961, is an important provision that offers tax deductions to individuals and businesses that invest in certain specified areas. This provision aims to promote investments in these areas and create employment opportunities. Taxpayers can claim a deduction of up to 100% of the investment made in the specified areas, subject to certain conditions. It is important to note that the deductions are available only for a limited period of time, and taxpayers must make their investments before the specified date to qualify for the deductions. Overall, understanding this provision can help taxpayers reduce their tax liability and contribute to the development of certain areas in India. THE FIFTH SCHEDULE Section 33(1)(b)(B)(i), of Income Tax Act, 1961 THE FIFTH SCHEDULE Section 33(1)(b)(B)(i), of Income Tax Act, 1961 states that  (1) Iron and steel (metal), ferro-alloys and special steels.  (2) Aluminium, copper, lead and zinc (metals).  (3) Coal, lignite, iron ore, bauxite, manganese ore, dolomite, limestone, magnesite and mineral oil.  (4) Industrial machinery specified under the heading “8. Industrial machinery”, sub-heading “A. Major items of specialised equipment used in specific industries”, of the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951).  (5) Boilers and steam generating plants, steam engines and turbines and

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The Last date to file Income Tax Return for AY 2023-24

Mark your calendars! The deadline for filing Income Tax Return (ITR) for AY 2023-24 is approaching. For most taxpayers, it’s July 31, 2023. But, if you’re required to get your accounts audited, such as companies and LLPs, the due date is October 31, 2023. Don’t miss it! Hi my name is CA Bhuvnesh Kumar Goyal, I am a practicing CA registered with the Institute of Chartered Accountants of India and I have been filing Income Tax Returns for Individuals, Companies, Salaried employees, Capital Gain cases and business ITR’s since 2009. Lets see different types of taxpayers and applicable last date on them respectively. Types of taxpayers and respective Income Tax Return Last Date As per section 2(31) of Income Tax Act, 1961, following are the different kinds of persons and taxpayers:  Individual, Hindu undivided family, Company, Firm, Association of persons or a body of individuals, whether incorporated or not, Local authority, and every artificial juridical person, not falling within any of the preceding sub-clauses. Individual The last date for filing Income Tax Return in case of individuals for Assessement Year 2023-24 is 31st July 2023. The following category of individuals and incomes are included in this Salaried Employee Individual earning Interest on fixed deposits Individuals receiving pension Individuals running business having turnover less than the audit threshold All other individuals except business with audit requirements. Hindu Undivided Family The last date for filing Income Tax Return in case of HUF for Assessement Year 2023-24 is 31st July 2023. Exception: Audit Cases Company The last date for filing Income Tax Return in case of a company for Assessement Year 2023-24 is 31st Oct 2023. Company means a Company registered under Companies Act. Such company needs to file ITR in its own capacity as its a separate legal entity. Further, every company has to file ITR irrespective of turnover and business activities. Firm The last date for filing Income Tax Return in case of Firm for Assessement Year 2023-24 is 31st July 2023. Firm includes partnership firms which are separetly required to file ITR in the capacity of partnership firm separate from partners. Exception: Audit Cases Association of persons or a body of individuals, whether incorporated or not The last date for filing Income Tax Return in case of HUF for Assessement Year 2023-24 is 31st July 2023. Exception: Audit Cases Local authority, and every artificial juridical person, not falling within any of the preceding sub-clauses. The last date for filing Income Tax Return in case of Local authority, and every artificial juridical person, not falling within any of the preceding sub-clauses. for Assessement Year 2023-24 is 31st July 2023. Exception: Audit Cases Last date for audit cases The last date for Individuals, HUF, Firms i.e any person other than company whose accounts are required to be audited under this Act or under any other law for the time being in force is 31st Oct 2023. Further it also includes the partners of a firm whose books of accounts are required to be audited Last date for transfer pricing cases 30th November 2023 FAQ What is the last date to revise my ITR for AY 2023-24 The last date to file a revised Income Tax Return is 31st Dec 2023 What if I miss the last dates for filing ITR, can I also file them later on Yes you can file a Income Tax Return after the last date as well in the form of belated return or updated return. The belated return can be filed upto 31st Dec 2023 and the updated return can be filed upto 31st March 2026 for the AY 2023-24. Belated return upto 31st Dec 2023 is the last chance given to you, where you can file your ITR in all cases with deposit of Lated Filing Penalties & Interest. Whereas, Updated return can only be filed in certain cases with late filing penalties and interest. It is not allowed in all the cases. What happens if I fails to file my ITR within the last dates If you fails to file ITR within the due dates then Interest and Penalties will be applicable in such case. Further, a tax notice may also be issued to you in case you have Income more than Rs 2.5 Lakhs or in case there is certain Income tax due on you. Further, in case of a company, the itr is required to be filed irrespective of the income. What are the penalties and interest to be paid in case of late filing or non filing of ITR. Interest: Interest at the rate of 1% per month Rs 1000 penalty for Income less than Rs 500000 Rs 5000 Penalty for Income more than Rs 500000 Further, you can also receive a tax notice from Income Tax Departement for non-filing of Income Tax Return to show cause as to why you did not filed your Income Tax Return. The same need to be replied and justified. If it is found that you had some taxable income and some tax was payable then additional penalty may also be imposed in the name of Income Escapement Penalties.

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