Big Issue! Infosys has not Yet Provided Access to Software Providers Where Lakhs of ITRs are Ready to File

Nearly 1.5 months are over since the launch of new income tax portal but Infosys has not yet provided access to software providers.

On this issue, CA Atul Modani tweeted that “Nearly 1.5 months after launch of new income tax portal , Infosys has not given permission to software providers on which lakhs of ITRs are filed.

Imagine the situation going forward , they may even say not to use softwares and file ITRs directly on income tax portal.”

This is really a big issue and Infosys has to solve the same as soon as possible.

Tweet Link: https://twitter.com/atulmodani/status/1416021845485047809?s=19

See! How New Income Tax Portal is Showing Simple Calculation Mistakes in ITRs

The new income tax portal is in news after its launching on 7th June 2021. Sometimes it is getting very slow and sometimes it is rejecting filed returns.

But now, a professional has tweeted that in ITR-2, the new income tax portal has showed the grand total of deductions u/s 16 as Rs. 1,00,000 instead of Rs. 50,000 (amounts as per filled by the professional in ITR).

This is a simple calculation error and these type of errors should not persist in a portal.

Tweet is attached below for your kind reference:

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Bombay High Court’s Judgement on Reopening for Bogus Capital Gains from Penny Stocks

CASE: Gateway Leasing Pvt. Ltd vs. ACIT

COURT: Bombay High Court

CORAM: Milind D. Jadhav J, Ujjal Bhuyan J

SECTION(S): 10(38), 147, 148, 45

GENRE: Domestic Tax

COUNSEL: Jas Sanghvi, Madhur Agrawal, Suresh Kumar

DATE: March 11, 2020 (Date of pronouncement)

DATE: July 13, 2020 (Date of publication)

AY: 2012-13

CITATION:

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Section 147- Reopening for bogus capital gains from penny stocks: The Dept’s argument that though the assessee disclosed details of the transactions pertaining to purchase and sale of shares, it did not disclose the real colour / true character of the transactions and, therefore, did not make a full and true disclosure of all material facts which was also overlooked by the AO, is not correct. The assessee disclosed the primary facts to the AO & also explained the queries put by the AO. It cannot be said that the assessee did not disclose fully and truly all material facts necessary for the assessment.

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Alert! New Income Tax Portal is Sending Panic Messages to Taxpayers

Few professionals tweeted in recent days that new income tax portal is rejecting TDS returns.

Now, a professional named CA Sanjeev Lalan has tweeted that “now clients are getting messages that your CA has rejected the requests for form 10B, form 29B. And this for forms filed in 2014.”

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Shocking.! Infosys Claims 1 Lakh ITRs Filed on New Income Tax Portal, Income Tax Department Said No Any Data Available of ITR Filing at New Portal

Infosys recently claimed that 1 lakh ITRs were filed till 21st June 2021 on New Income Tax E-filing Portal. Against this claim of Infosys, a professional named CA Pallaav Parashar filed an RTI application seeking number of ITRs filed on new Income Tax E-filing Portal from 7th June 2021 to 21st June 2021. In response to the RTI application, the Income Tax Department revealed that no data of ITR Filing on New Income Tax E-filing Portal is available.

The copy of RTI application is attached for your kind reference:

Bombay High Court’s Judgement on Section 68 of the Income Tax Act: CIT vs Sadiq Sheikh

COURT: Bombay High Court (Goa Bench)

CORAM: Dama Seshadri Naidu J, M. S. Sonak J

SECTION(S): 68

GENRE: Domestic Tax

COUNSEL: Nikhil Pai, S. S. Kantak, Susan Linhares

DATE: October 14, 2020 (Date of pronouncement)

DATE: October 31, 2020 (Date of publication)

AY: 2006-07

CITATION:

Section 68- Bogus Cash Credits: The Revenue can examine the source of the source. Merely pointing out to a source and the source admitting that it has made the payments is not sufficient to discharge the burden placed on the assessees by s. 68. Otherwise, it would be sufficient for assessees to simply persuade some credit-less person to own up having made such huge payments and thereby evade payment of tax on the specious plea that the Revenue can always recover the tax from such credit-less source. The explanation has to be plausible and backed by reliable evidence. ‘Fantastic or unacceptable’ explanations are not acceptable (All imp verdicts on s. 68 referred).

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Karnataka High Court’s Judgement on Section 90 of the Income Tax Act: DIT vs Autodesk Asia Pvt Ltd

COURT: Karnataka High Court

CORAM: Alok Aradhe J, H. T. Narendra Prasad J

SECTION(S): 90, Article 12

GENRE: International Tax

COUNSEL: K. V. Aravind, T. Suryanarayana

DATE: September 15, 2020 (Date of pronouncement)

DATE: November 7, 2020 (Date of publication)

AY: 2006-07

CITATION:

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Interpretation of statutes & DTAAs: The substitution of a provision results in repeal of earlier provision and its replacement by new provision. When a new rule in place of an old rule is substituted, the old one is never intended to keep alive and the substitution has the effect of deleting the old rule and making the new rule operative. Though Notification dated 18.07.2005 (which substitutes paragraph 12 of Article 12 of the DTAA to provide for levy of tax on the royalties or fees for technical services at a rate not exceeding 10%) issued u/s 90 came into force with effect from 01.08.2005, it applies to the entire fiscal year.

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Breaking: Calcutta High Court Grants Stay on Deduction of Tax at Source Under Section 194N of the Income Tax Act

In a writ petition filed in Calcutta High Court, a petitioner has challenged the constitution validity of Section 194N of the Income Tax Act 1961.

Considering the facts submitted by the petitioner, the High Court grants stay on deduction of Tax at Source under the section till 30th September 2021.

Order attached for your kind reference:

Bombay High Court’s Judgement on Vivad se Vishwas Scheme: Macrotech Developers Limited vs PCIT

COURT: Bombay High Court

CORAM: Milind N. Jadhav J, Ujjal Bhuyan J

SECTION(S): Vivad Se Vishwas Scheme

GENRE: Domestic Tax

COUNSEL: Jas Sanghavi, prakash Shah, V. Sridharan

DATE: March 25, 2021 (Date of pronouncement)

DATE: March 27, 2021 (Date of publication)

AY: 2015-16

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CITATION:

Vivad se Vishwas Act: The CBDT’s answer to question No.73 that the ineligibility u/s 9(a)(ii) relates to an assessment year and if for that assessment year a prosecution has been instituted, then the taxpayer would not be eligible to file declaration for the said assessment year even on issues not relating to prosecution would not only be illogical and irrational but would be in complete deviation from section 9(a)(ii). On a literal or purposive interpretation, the only exclusion visualized under the said provision is pendency of a prosecution in respect of tax arrear relatable to an assessment year as on the date of filing of declaration and not pendency of a prosecution in respect of an assessment year on any issue. To hold that an assessee would not be eligible to file a declaration because there is a pending prosecution for the assessment year in question on an issue unrelated to tax arrear would defeat the very purport and object of the Vivad se Vishwas Scheme.

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Income Tax Recruitment 2021: 155 Vacancies Released for Inspector, Other Posts Under Sports Quota

The Income Tax department has invited applications to fill up 155 vacancies for meritorious candidates under the sports quota.

Out of the total vacancies, 8 are for the post of Inspector of Income Tax, 83 for Tax Assistant and 64 for Multi-Tasking Staff.

Interested candidates can visit the official website at incometaxmumbai.gov.in to apply for the posts. The last date to apply is August 25 (until 23:59 hrs).

The various disciplines under which the sportspersons can apply are: Athletics, Swimming, Squash, Billiards, Chess, Carrom, Bridge, Badminton, Lawn Tennis, Table Tennis, Shooting, Weightlifting, Wrestling, Boxing, Judo, Gymnastics, Body Building, Volleyball, Basketball, Football, Kabaddi and Cricket.

Income Tax Recruitment 2021- Salary:

Inspector of Income Tax: Pay Level 7, i.e. Rs 44,900 to Rs 1,42,400.

Tax Assistant: Pay Level 4, i.e. Rs 25,500 to Rs 81,100.

Multi-Tasking Staff: Pay Level 1, i.e. Rs 18,000 to Rs 56,900.

The selected candidates will get all the benefits applicable to central government employees.

Income Tax Recruitment 2021- Eligibility criteria:

For Inspector of Income Tax, a candidate must be from 18-30 years of age and must have a Bachelors degree.

For Tax Assistant, a candidate must be from 18-27 years of age and must have a Bachelors degree and data entry speed of 8000 key depressions per hour.

For Multi-Tasking Staff, a candidate must be from 18-25 years of age and must have a Matriculation or equivalent from recognizsd Board or University.

(The article is posted from Zee News without any modification.)

Supreme Court’s Judgement on Section 254(2A) of the Income Tax Act: DCIT vs Pepsi Foods Ltd

COURT: Supreme Court

CORAM: B. R. Gavai J, Hrishikesh Roy J, Rohinton Fali Nariman J.

SECTION(S): 254(2A)

GENRE: Domestic Tax

COUNSEL: Ajay Vohra, Deepak Chopra, Himanshu S. Sinha, Sachit Jolly, Vikramjit Banerjee ASG

DATE: April 6, 2021 (Date of pronouncement)

DATE: April 7, 2021 (Date of publication)

 

CITATION:

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Section 254(2A) Stay by ITAT: Since the object of the 3rd proviso to s. 254(2A) is the automatic vacation of a stay that has been granted on the completion of 365 days, whether or not the assessee is responsible for the delay caused in hearing the appeal, such object being itself discriminatory, is liable to be struck down as violating Article 14 of the Constitution of India. Also, the said proviso would result in the automatic vacation of a stay upon the expiry of 365 days even if the Appellate Tribunal could not take up the appeal in time for no fault of the assessee. Further, vacation of stay in favour of the revenue would ensue even if the revenue is itself responsible for the delay in hearing the appeal. In this sense, the said proviso is also manifestly arbitrary being a provision which is capricious, irrational and disproportionate so far as the assessee is concerned. Consequently, the third proviso to s. 254(2A) will now be read without the word “even” and the words “is not” after the words “delay in disposing of the appeal”. Any order of stay shall stand vacated after the expiry of the period or periods mentioned in the Section only if the delay in disposing of the appeal is attributable to the assessee.

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38th Weekly Corporate Affairs Newsletter

We thought it would help to give you a sense of what’s available to you by subscribing to this 38th  WEEKLY CORPORATE AFFAIRS Newsletter-

·  SEBI Updates

·  MCA Updates

·  RBI Updates

·  IBC Law Updates

·  Labour Law Updates

·  PRESS Information

·  IPO & Investment Section

·  IRDAI (Insurance Sector) Updates

·  Department of Telecommunication 

·  MSME Updates

·  Competition Commission of India

·  Cabinet Decisions / New Laws

·  Current Affairs

We have been thrilled with the amazing response we received from our passionate community of readers and fellow professionals and are pleased to share our 38th Newsletter Editions – “Weekly Corporate Affairs  Newsletter, Vol-38” (from  01st July, 2021 to 09th July, 2021) with you all. We’re excited to help you get the most from this newsletter.

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[embeddoc url=”https://taxconcept.net/wp-content/uploads/2021/07/38th-Weekly-Corp.-Affairs-_-10.07.2021_-CS-Lalit-Rajput.pdf” download=”all”]

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Update on New Income Tax eFiling Portal : Income Tax delivering a glitch free & effective eFiling portal for public use soon

Update on New Income Tax eFiling Portal : ICAI is continuously engaged as a stakeholder in streamlining the Portal. We sincerely believe that our concerted actions will help in delivering a glitch free & effective eFiling portal for public use soon.

Income Tax Department

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Calcutta High Court’s Landmark Interim Order in Petition Challenging Constitutional Validity of Section 194N of the Income Tax Act

Calcutta High Court passes landmark interim order in petition challenging constitutional validity of Section 194N of the Income Tax Act, 1961 which mandates the deduction of tax at source at the rate of 2% on cash withdrawals from banking company. Petitioner submitted that Section 194N of the said Act is beyond the legislative competence of the Parliament

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and Entry 82 of List I of Schedule VII to the Constitution allows the Parliament to enact laws for and levy of tax on “income” and the Parliament cannot legislate a provision stipulating the deduction of tax at source from an amount which is admittedly not income and such legislation would be beyond the legislative competence of the Parliament under Entry 82 of List I of Schedule VII of the Constitution.

Petitioner has also relied on several unreported decisions of the Hon’ble Kerala High Court involving the same issue and one of which is order dated 13th August, 2020 passed in Kanan Devan Hills Plantations Company Pvt. Ltd. Versus Union of India in WP (C ) No. 1658 of 2020 where Hon’ble Court has admitted the writ petition on this issue and has granted interim stay of deduction of tax on source under Section 194N of the Income Tax Act, 1961. Hon’ble High Court has also noted that the interim order passed by Hon’ble High of Kerala has not been challenged by the respondents.

Considering the above, Hon’ble Calcutta High Court has passed an interim order restraining the respondent authorities concerned from deducting tax on source under Section 194N till 30th September, 2021.

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Bombay High Court’s Judgement on Section 245 of the Income Tax Act: Tata Communications Ltd vs UOI

Court: Bombay High Court

CORAM: Abhay Ahuja J, Sunil P. Deshmukh J

SECTION(S): 245 of the Income Tax Act

GENRE: Domestic Tax

COUNSEL: Atul Jasani, Harsh Kapadia, J.D. Mistri, Suresh Kumar

DATE: April 6, 2021 (Date of pronouncement)

DATE: April 24, 2021 (Date of publication)

A.Y.: 2019-20

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Section 245 Adjustment of Refund: The Dept has not complied with the requirements of s. 245 of the Act. It is difficult to appreciate the stand of the Dept that the order passed by the high court would not cover/operate over the matters and orders passed by the ITAT, Union of India being not a party to the matter. Such a justification from and the approach of, the authorities is difficult to be approved of which is not in fitness of stature, especially of the state department, which is supposed to act like a model litigant (All imp judgements on s. 245 referred).

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Launch of online filing of application for Authorised Economic Operators (AEO T2 and AEO T3)

Central Board of Indirect Taxes & Customs (CBIC) Chairman Shri M. Ajit Kumar here today inaugurated the online filing of Authorised Economic Operators (AEO) T2 and T3 applications. The AEO web application is accessible at URL www.aeoindia.gov.in. The new version (V 2.0) of the web application is designed to ensure continuous real-time and digital monitoring of physically filed AEO T2 and AEO T3 applications for timely intervention and expedience.

 

The AEO application processing for AEO T1 on the web-based portal www.aeoindia.gov.in has been functional since December 2018. To take this endeavour for digitisation forward, in line with the government’s Digital India initiative, the CBIC Board has launched a new version (V2.0) for on-boarding of AEO T2 and AEO T3 applicants for online filing, real-time monitoring, and digital certification.

For further details, refer to CBIC Circular No. 13/2021-Customs dated 01.07.2021.

 

DID you Know your Income Tax Rates?

Know more about Income Tax Rates for AY 2021-22 , (applicable for Individual, HUF, AOP, BOI, AJP and Firms)
 
CBDT issued an e-brochure, which cover Income Tax Rates for Individual, HUF, AOP, BOI, AJP and Firms. 
 
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CBDT Grants Further Relaxation in Online Filing of Form 15CA and 15CB on Income Tax E-filing Portal

CBDT grants further relaxation in electronic filing of forms 15CA & 15CB in view of difficulties reported by taxpayers in filing of the forms online on incometax.gov.in. Date for submission of forms in manual format to the authorised dealers is extended to 15th July, 2021.

Press Release is attached:

Want to Link PAN with Aadhaar Card using Income Tax E-filing Portal? Here’s How You can Do It

Registered and unregistered users can now link their Aadhaar to their PAN card on the new Income Tax portal with the help of the ‘Link Aadhar’ service. A taxpayer must link his Aadhar with Pan to file his income tax returns and the Aadhaar number must be mentioned during the process.

The Central government has, for the third time, extended the deadline to link PAN with Aadhaar Card to September 30. The decision was taken in the wake of the disruptions caused by the second wave of the coronavirus pandemic.

As per the provisions of the Income Tax Act, every person having a PAN Card as on 1 July 2017 is eligible to obtain Aadhaar and must link the two documents. The two documents can be linked with the help of an online tool on the e-filing portal that enables users to link the two identification numbers.

Steps to link PAN with Aadhaar using the Income Tax Filing Portal:

Step 1: Taxpayers need to log in to incometax.gov.in. website to link the PAN card with the Aadhaar number. You will need your correct registered username and password.

Step 2: Now, you need to enter the name and the Aadhaar number in the required fields and click on ‘Link Now’.

Step 3: You have to ensure that basic details like name and date of birth on both the identification documents are correct.

Step 4: The details entered by the user will be validated by the IT department with the Unique Identification Authority of India.

How to check whether your PAN number and Aadhaar are linked or not:

Step 1: You need to the official Income Tax filing portal and search for ‘Our Services’ option. You will find an option of ‘Link Aadhaar’ on the homepage.

Step 2: Now, you need to click ‘Link Aadhaar Know About Your Aadhaar PAN linking Status’ option. You will find a new page on your screen.

Step 3: Fill in the PAN and Aadhaar card details in the mentioned box and click ‘View Link Aadhaar Status’.

Step 4: Your Aadhaar-PAN status will be reflected on the page. For instance, if both the documents are linked, then it will show your PAN (PAN Aadhaar) is linked to your Aadhaar number (Aadhar Number).

PAN to become inoperative if the deadline is missed:

The PAN will become inoperative if it is not linked with Aadhaar before the due date i.e. 30 September. As per Section 139AA of the Income Tax Act, it is compulsory to mention the Aadhaar number when you are applying for a new PAN card.

If your PAN becomes inoperative, the IT department will consider that the individual has still not submitted PAN. In such cases, the individual is liable to face the consequences for the same. While announcing the Union Budget 2021, the government said that an individual is liable to pay a penalty under new section 234H in the Income Tax Act if both the documents are not linked before the deadline ends. One has to pay a penalty not exceeding more than Rs 1,000 if the deadline is missed.

CBDT Issues Guidelines on Partnership Firm Taxation Under Section 45(4) & 9B of the Income Tax Act [Read Circular]

CBDT, on 2nd July 2021, issues guidelines on Partnership Firm taxation u/s 45(4) and 9B of the Income Tax Act.

The guidelines have come after insertion of Section 9B in the Income Tax Act vide Finance Act 2021.

The Circular can be accessed by Clicking Here

Important Update on Uploading of Form 15CA and 15CB on New Income Tax E-filing Portal

Both Form 15CA and 15 CB are fully available and functional. However, as compared to EF1.0 the process has changed.

In EF1.0 CA would separately upload 15CB. In EF2.0 it is an integrated workflow. Taxpayer files 15CA and assigns to CA. The CA will then see in his worklist as 15CB pending with prefilled data. CA will fill 15CB and submit back to taxpayer.

Part C of 15CA will be prefilled and taxpayer can submit. Please note that DSC once registered in individual name of CA does not have to be re-registered under ARCA role. CA can simply sign any form under any role.

To illustrate – if Mr A is a director in Xyz Pvt Ltd then we do NOT have to register his DSC in the profile of the company. We have to only register the DSC in his personal profile under his own PAN.

Some of the taxpayers may face a problem in registering the DSC & may get a message saying “Token user pin has to be changed”. In this case, please change the PIN for the DSC by:

1- Insert the DSC token in the computer
2 – Double click on the icon
3- You will get an option on left hand side to change the PIN
4- Change the PIN
5- Log on to the income tax portal
6- Register DSC
7- DSC will get registered.

Since many people are facing difficulties in 15CA/CB, I am repeating verbatim what has been told to me by a senior officer at CPC. Please go through the entire thread:

FAQ: How do I assign form(s) to my CA?
Ans: It is a 2-step process:
1.Login to e-filing portal, go to “Authorized Partners” menu, click on “My Chartered Accountant” link and then Add CA by clicking on Add CA button.

2.The request will go to CA for acceptance in his worklist. Once accepts the request, he will be added as your CA & it will be reflected in My CA.

3.Once CA is added successfully, click on “Assign Form” button against the added CA to assign Form(s).

FAQ: How as a taxpayer do I file Part-C of Form 15CA or How as a CA do I file Form 15CB or Whether my CA would be able to submit Form 15CB if the CA has not been added by taxpayer under My CA functionality ?

Ans: The submission process of Form 15CA Part-C and Form 15CB has been revamped. Under the revised process, the taxpayer has to select Form 15CA Part-C radio button under File Income-Tax Forms. The taxpayer is expected to provide certain details of Remitter, Remittee, CA and related attachments and assign CA from whom Form 15CB is required for the relevant Financial Year. After the CA has accepted request for Form 15CB, the CA is expected to File Form 15CB which would be available under the Worklist (For Your Action) of CA.

Once CA has accepted taxpayer’s request, the details in Form 15CB shall be prefilled. After the CA has submitted Form 15CA by providing rest of the data, the taxpayer is expected to go to Worklist (For Your Action) and is required to “Accept” the submitted Form 15CB.

After acceptance, the details in Part-C of Form 15CA will be prefilled from accepted Form 15CB. The taxpayer is expected to provide rest of the details and submit Form 15CA Part-C. In case, any information provided either by the taxpayer or CA is incorrect or require modification, Part-C of Form 15CA and Form 15CB can be Revised by repeating the above process. For detailed process, refer Form 15CA/15CB User Manuals under “Help” section.

NITI Moots 100% Income Tax Exemption for Donations to Not-for-Profit Hospitals

Government think tank Niti Aayog has suggested 100 per cent income tax exemption for donations and provision of working capital loans with lower interest rates for not-for-profit hospitals to strengthen healthcare services in India.

In a report titled ‘Not-for-Profit Hospital Model in India’, the Aayog also pitched for involving high performing hospitals in public private partnership (PPP) models for managing primary health care (PHCs), operations of government facilities and PSU hospitals.

“Income-tax exemption could be increased from the current 50 per cent exemption to 100 per cent exemption for philanthropy toward the identified not-for-profit hospitals. This could be a catalyst in channelizing the much-needed funds to deserving hospitals.” it said.

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According to the report, the government can consider the provision of working capital loans with lower interest rates, which would be more financially viable for not-for-profit hospitals and would assist in adequate cash flows during times of need.

It also pointed out that most of the not-for-profit hospitals reported long-pending reimbursements for the treatment of government scheme beneficiaries, which remain uncleared despite persistent follow-ups.

“The timely release of these funds can be a substantial boost to their working capital for operations,” the report said.

It also suggested developing a mechanism to incentivize super-specialists to work in remote areas.

It pitched for formulating objective criteria such as type, size, location, level of care offered and their ownership, infrastructure and equipment expansion initiatives, community engagement initiatives along with their latest photographs/videos, and so on.

The report also stressed on need for developing mechanisms to rank not-for-profit hospitals on a performance index, creation of a rating scale based on the volume of services utilized annually, the extent of charity work done, impact on the community health indicators of the location, operational efficiency, and self-sufficiency.

“Create a national level portal/directory of these hospitals Creation of a national portal/directory in the public domain, wherein all the not-for-profit hospitals can be listed to highlight the hospital and its functions in the public domain,” it suggested.

Despite economic growth and modernization, India continues to face significant challenges of unavailability and unaffordability in healthcare services, the report said adding ,”This is substantiated by the fact that India has a lower bed density than the rest of the world.”

Noting that the not-for-profit hospitals currently account for only a miniscule share of hospitalization cases, the report said public hospitals that offer healthcare at negligible cost, are overstretched.

The burden of healthcare provision shifts to private hospitals, which generally offer healthcare at a higher cost to the patient, as they must sustain themselves, it added.

According to the report, private hospitals are largely divided into ‘for-profit hospitals’, which account for 23.3 per cent of treated ailments and ‘not-for-profit hospitals’ which account for only 1.1 per cent of treated ailments, as of June 2018.

It said disparity is further revealed in terms of hospitalization cases wherein for-profit hospitals account for 55.3 per cent of in-patients, while not-for-profit hospitals account for only 2.7 per cent of in-patients in the country, according to the findings of the NSS 75th round survey on Health in India.

Citing the survey, the report also said the cumulative cost of care at not-for-profit hospitals is lesser than for-profit hospitals by about one-fourth in the in-patient department.

This is reckoned by the package component of cost, which is approximately 20 per cent lower, the doctor’s or surgeon’s charges, which are approximately 36 per cent lower and the major aspect being the bed charges, which are approximately 44 per cent lower than the for-profit hospitals, it said.

Speaking at the release of the report, Niti Aayog Member (Health) V K Paul said investment in the expansion of the health sector in private domain has been relatively low and the recent stimulus announced by the government provides the country an opportunity to change this situation.

Finance Minister Nirmala Sitharaman on Monday announced Rs 1.5 lakh crore of additional credit for small and medium businesses, more funds for the healthcare sector, loans to tourism agencies and guides, and waiver of visa fee for foreign tourists as part of a package to support the pandemic-hit economy.

The government will also provide Rs 23,220 crore of additional funding for setting up children and paediatric care/beds at hospitals to prepare them for any emergency arising out of a possible third wave of COVID.

“There has been relatively low investment in the expansion of the health sector in the private domain.The stimulus announced yesterday provides us an opportunity to change this situation,” Paul said.

The report also highlights the need to use the expertise of these hospitals in managing human resources with limited finance in remote areas.

(This article is posted from Business Standard without any modification.)

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Income Tax Department Furnishes ‘Contradictory’ Response to RTI on Political Parties’ Income Tax Returns

Income Tax Department has clarified, in response to an RTI query, that its Central Public Information Officer does not maintain information about political parties’ income tax returns. The tax department, however, did feel the need to go the extra mile and establish that it is not obligated to share this information – which by her own admission she does not possess – under the Right to Information Act.

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This “contradictory” response was furnished against an RTI request filed by RTI activist Venkatesh Nayak who had approached the Income Tax Department seeking income tax returns filed by political parties over the last ten years.

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Have You Shown Fake Income in Income Tax Return? This Practice might Lands You in Tax Trouble

A recent ruling by the Hyderabad ITAT wherein fake agricultural income shown by a student in income tax return to grab education loan was taxed by the Assessing Officer. This is an alarming ruling for those who are showing fake income in income tax return in order to get Bank CC/ loan etc.

To Download the Judgement, Please Click Here

Income Tax Return Due Dates for TDS, Form 16, Vivad se Vishwas Scheme Extended. Details Here

In the view of the second wave of the novel coronavirus pandemic in the country, the Union government has recently announced various income tax reliefs for the common man. From more time to file Tax Deducted At Source (TDS) to income tax relief for Covid-19 treatment, a host of measures have been provided. Take a look at latest income tax related updates:

1) Now taxpayers will have time till July 15 to file the TDS return for the last quarter of financial year 2020-21.

2) The last date of issuance of Form 16 has been extended till July 31, according to the recent guidelines by the income tax department. Earlier the deadline for Form 16 was July 15.

3) The last date for linking PAN and Aadhaar has been extended to September 30. If you fail to link the two documents within the deadline, you PAN will be inoperative.

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You may have to face a penalty of up to Rs 1,000 for not linking you PAN and Aadhaar card on time.

4) For payment without interest under Vivad se Vishwas scheme, the deadline has been extended August 31. Last date of payment of amount under Vivad se Vishwas (with additional amount) has been notified as October 31.

5) Those who have received financial support from their employers, friends for Covid-19 treatment, will not have to pay tax for the amount, the Income Tax department said. The ex-gratia payment received by family members of a person who has died due to Covid-19 from an employer, will be exempted from tax without any limit. The tax exemption will be limited to Rs 10 lakh for the amount received from any other persons such friends and family. “Covid-19 deaths have led to people coming together and donating money on several crowdfunding platforms. A question that often gets asked is how this would impact the recipient- whether receipts will be taxable. With this announcement govt has exempted receipts by family members on account of covid deaths. Receipts from employers usually in the form of ex-gratia are also exempted, however limit is Rs 10 lakh. This is a welcome move and will serve well to protect the interests of those who lost an earning member,” said Archit Gupta, founder and chief executive officer of ClearTax.

6)  The statement of income paid or credited by an investment fund to its unit holder in Form No. 64D for the previous year 2020-21 can be furnished on or before July 15.

7) First time home buyers could avail special tax relief on investment in residential house as per specified conditions. The deadline for making this investment in residential house for tax deduction has been extended by more than three months.

8) “The compliances to be made by the taxpayers such as investment, deposit, payment, acquisition, purchase, construction or such other action, by whatever name called, for the purpose of claiming any exemption under the provisions contained in Section 54 to 54GB of the Act, for which the last date of such compliance falls between 1st April, 2021 to 29th September, 2021 (both days inclusive), may be completed on or before 30th September, 2021,” the Income Tax department said.

9) Time Limit for passing assessment order which was earlier extended to June 30 is further extended to September 30. Time Limit for passing penalty order has also been extended to September 30.

10) “The application under Section 10(23C), 12AB, 35(1)(ii)/(iia)/(iii) and 80G of the Act in Form No. 10A/ Form No.10AB, for registration/ provisional registration/ intimation/ approval/ provisional approval of Trusts/ Institutions/ Research Associations etc., required to be made on or before 30th June, 2021, may be made on or before 31st August, 2021,” the Income Tax department said.

(This article is posted from News 18 without any modification.)

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Weekly Taxation Newsletter _ Vol. 37

We thought it would help to give you a sense of what’s available to you by subscribing to this 37 Weekly Taxation Newsletter.

·         Income Tax Updates
·         GST Updates
·         Custom/Excise Updates
·         Important Case Laws
·         International Updates
·         NRI’s Updates 

·     Brain Bites – Do you Know ?   

We have been thrilled with the amazing response we received from our passionate community of readers and fellow professionals and are pleased to share our 37th Newsletter Edition – “Weekly Taxation Newsletter, Vol-37” (from 17th June, 2021 to 26th June, 2021) with you all. We’re excited to help you get the most from this newsletter.

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[embeddoc url=”https://taxconcept.net/wp-content/uploads/2021/06/37th-Weekly-Taxation-Newsletter-_-Vol-37_-27.06.2021.pdf” download=”all”]

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PAN-Aadhaar Linking Deadline Extended: You Should Do This Soon to Get Income Tax Benefits

The Union government has announced various income tax relief measures including the extension of linking Permanent Account Number (PAN) and Aadhaar. Now, individuals have time till September 30 to link their PAN and Aadhaar card. The earlier deadline was June 30. “Last date of linkage of Aadhaar with PAN under section 139AA of the Act, which was earlier extended to 30th June, 2021 is further extended to 30th September, 2021,” the Central Board of Direct Taxes (CBDT).

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According to Section 139AA of the Income Tax Act, every individual with PAN as on July 1, 2017 and is eligible to obtain Aadhaar, must link PAN with Aadhaar. The taxpayer must mention the Aadhaar number while filing an income tax return. If the PAN is not linked with Aadhaar before the due date, then the PAN will become inoperative. Under Section 139AA, it is mandatory to mention Aadhaar number while applying for a new PAN card.

If PAN becomes inoperative, the income tax department will consider that the individual has not submitted PAN and therefore liable to face the consequences for the same. “Where a person, whose permanent account number has become inoperative…, is required to furnish, intimate or quote his permanent account number under the Act, it shall be deemed that he has not furnished, intimated or quoted the permanent account number, as the case may be, in accordance with the provisions of the Act, and he shall be liable for all the consequences under the Act for not furnishing, intimating or quoting the permanent account number,” the CBDT mentioned earlier.

In Budget 2021, the Union government has added a new section 234H in the Income Tax Act, where an individual will have to pay a penalty if PAN and Aadhaar are not linked after the deadline ends. So if an individual misses the deadline, he or she will be liable to pay a penalty not exceeding more than Rs 1,000.

Commenting on the extension of PAN Aadhaar linking deadline, Sujit Bangar, founder Taxbuddy.com said, “Even though deadline for linking of PAN with Aadhar has been extended to September 30 2021, it’s advisable to completed this linkage as early as possible. Linkage of PAN and Aadhar has lot of benefits like early receipt of refund.”

How to check if your PAN and Aadhaar card is linked?

1) Go the official site of income tax department — www.incometax.gov.in.

2) Under the ‘Our Services’, there will be an option of ‘Link Aadhaar’ on the homepage.

3) Click on ‘Link Aadhaar Know About your Aadhaar PAN linking Status’ option.

4) A new page will open. Enter your PAN and Aadhaar Card details in the mentioned box.

5) Once you fill the details, click on ‘View Link Aadhaar Status’.

6) The status of your Aadhaar-PAN will be displayed on the page. Example: Your PAN (PAN Aadhaar) is linked to Aadhaar number (Aadhar Number) if they are linked.

(The article is posted from News 18 without any modification.)

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Will families pay Income Tax on money received from employer or others after Covid death? Check new rule

The Central Government on Friday (June 25) announced tax relief for families of those who have lost their lives due to Covid-19 since FY 2019-20. The Government has decided to provide income tax exemption on any amount received by the family of an employee from the employer. Also, exemption up to Rs 10 lakh has been provided for any amount received from any other person other than the employer.

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The Ministry of Finance said in a statement, “Unfortunately, certain taxpayers have lost their life due to Covid-19. Employers and well-wishers of such taxpayers had extended financial assistance to their family members so that they could cope with the difficulties arisen due to the sudden loss of the earning member of their family.”

The Ministry further said, “In order to provide relief to the family members of such taxpayer, it has been decided to provide income-tax exemption to ex-gratia payment received by family members of a person from the employer of such person or from other person on the death of the person on account of Covid-19 during FY 2019-20 and subsequent years.”

According to the official statement of the Ministry, the exemption will be “allowed without any limit for the amount received from the employer” and “the exemption shall be limited to Rs. 10 lakh in aggregate for the amount received from any other persons.”

(The article is posted from Financial Express without any modification.)

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Diary, Note Book and Deleted Data in CPU are not Books of Accounts of the Asseseee: ITAT Chennai

ITAT Chennai held that diary, note book and deleted data in CPU are not books of accounts of the asseseee in course of its business and thus, no addition could be made towards entries found in those diary , note book and deleted entries of tally software from retrieved data of Computer CPU as unexplained cash credits u/s 68 of the Act.

To Download the Judgement, Please Click Here

ITAT Delhi Begins E-filing Service, Other Benches to Go Live in July

The Income Tax Appellate Tribunal (ITAT) has opened its e-filing facility for appeals in Delhi and will extend it to other zonal

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headquarters and benches by 19 July, the tribunal said in a statement. The move will make communication between the tribunal and disputing parties easier. Read More

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