Tax Laws - Direct Tax
Tax Laws - Direct Tax
Tax Laws - Direct Tax
SUPPLEMENT
FOR
TAX LAWS
MODULE 1- PAPER 4
Students are also required to update themselves on all the relevant Rules, Notifications,
Circulars, Clarifications, etc. issued by the CBDT& Central Government, on or before 31st May,
2022.
Note: The Finance Act, 2021 i.e. Assessment year is 2022-23 (Previous Year 2 0 21-22) is
applicable for Direct Tax Part – I for December, 2022 examinations. Students are advised to
refer the study material for Direct Tax Part – I (based on Finance Act, 2021) for December,
2022 exam. The same is available at ICSI website weblink:
https://www.icsi.edu/media/webmodules/TL_Final_pdf_25102021.pdf
1
Sr. Lesson No. Amendments to Regulations /Rules /Act /Circular /Notification Weblink
No. (For Details)
1. Lesson 9 The Income-tax (16th Amendment) Rules, 2020 [Notification No. https://www.inc
43/2020 Dated July 3, 2020] ometaxindia.gov
Procedural .in/communicati
Compliance The Central Board of Direct Taxes has issued the Income-tax (16th ons/notification/
Amendment) Rules, 2020 as per which the tax deductors while filing notification_43_
quarterly statements under Rule 31A (TDS Return) shall also required to 2020.pdf
furnish following documents:
2
CBDT vide Circular No. 14/2020 dated 20.07.2020 clarified that the
Notifications so far issued to exempt class of persons so that the
payments made to such persons shall not be subjected to TDS under
clause (v) of the proviso to section 194N as was introduced by the
Finance (No. 2) Act, 2019 shall be read as Notifications issued under
the fourth proviso to section 194N as amended by the Finance Act,
2020.
4. Lesson 3 Notification of Sovereign Wealth Fund ‘SWF’ under section https://www.inc
10(23FE) of the Income-tax Act, 1961 [Circular No. 15/2020 Dated ometaxindia.gov
Incomes July 22, 2020] .in/communicati
which do not ons/circular/circ
form part of The Finance Act, 2020 inserted clause (23FE) in section 10 the Income- ular_15_2020.p
Total Income tax Act, 1961 (the Act) to provide for exemption to income of a specified df
person in the nature of dividend, interest or long-term capital gains
arising from investment made by it in India if the investment is made in
specified infrastructure business (including business notified vide
Notification No 44/2020 dated 06.07.2020, i.e., Infrastructure sub-sectors
mentioned in Harmonised Master List updated as on 13.08.2018) during
the period from 01.04.2020 to 31.03.2024, and held for at least three
years.
Specified person to mean wholly owned subsidiaries of Abu Dhabi
Investment Authority (ADIA), notified Sovereign Wealth Fund (SWF)
and notified Pension Funds (PF), which fulfiled conditions specified in
the clause or to be prescribed for the PF.
Further, the SWF shall be required to file return of income along with
audit report and also be required to file a quarterly statement within
one month from the end of the quarter electronically in Form II in
respect of each investment made during the quarter.
5. Lesson 3 Notification No. 50/2020 [Dated July 21, 2020] https://www.inc
ometaxindia.gov
Incomes The Central Government hereby notifies to include ‘Tamil Nadu e- .in/communicati
which do not Governance Agency’ for the purposes of clause (46) of section 10 of the ons/notification/
form part of Income-tax Act, 1961 in respect of the specified income arising to that notification_50_
Total Income Agency subject to certain conditions. 2020.pdf
Accordingly, the ‘Tamil Nadu e-Governance Agency’ is notified for the
purpose of claiming exemption under section 10(46) of the Income tax
Act, 1961 subject to certain conditions.
6. Lesson 9 Income-tax (17th Amendment) Rules, 2020 [Dated July 24, 2020] https://abcaus.in
CBDT notified Income-tax (17th Amendment) Rules, 2020 which shall /wp-
Procedural come into force with effect from the 1st day of October, 2020 and therebycontent/uploads/
Compliance amending Tax Collected at Source (TCS) Rules. 2020/07/cbdt-
notification-
Rule 31AA [Statement of collection of tax u/s 206C(3)]: To furnish the 2.pdf
particulars of amount received or debited on which TCS was not collected
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from the buyer is to be reported.
Rule 37-I [Credit for tax collected at source for the purposes of
section 206C(4)], after sub-rule (2), the sub-rule 2A shall be inserted as
follow:
“(2A) Notwithstanding anything contained in sub-rule (2), for the
purposes of section 206C (1F) / (1G) / (1H), credit for tax collected at
source shall be given to the person from whose account tax is collected
and paid to the Central Government account for the assessment year
relevant to the previous year in which such tax collection is made”
Appendix II, in Form 27EQ, for the “Annexure”, the following “Party
wise break up of TCS” Annexure shall be substituted.
In the said scheme, the word “E-assessment” has been replaced with
the word “Faceless Assessment”.The detailed scheme and procedure
are available at weblink:
http://www.egazette.nic.in/WriteReadData/2020/221089.pdf
11. Lesson 3 Income Tax 20th Amendment Rules 2020 [Notification No. 67/2020 https://www.inc
Dated August 17, 2020] ometaxindia.gov
Income which .in/communicati
do not form The Central Board of Direct Taxes hereby makes the Income-tax (20th ons/notification/
part of Total Amendment) Rules, 2020 as per which: notification_67_
Income 2020.pdf
after rule 2DA, the rules “2DB” shall be inserted which specify
Other conditions to be satisfied by the pension fund.
5
After rule 2DA, the rules “2DC” shall be inserted which specifies
the Guidelines for notification under clause (23FE) of section 10
of the Income Tax Act, 1961.
12. Lesson 4 Part Imposition of charge on the prescribed electronic modes under https://www.inc
III section 269SU of the Income-tax Act, 1961 [Circular No. 16/2020 ometaxindia.gov
Dated August 30, 2020] .in/communicati
PGBP ons/circular/circ
Section 269SU of the Income tax Act, 1961 provides every person having ular-16-
a business turnover of more than Rs. 50 Crores during the immediately 2020.pdf
preceding previous year shall mandatorily provide facilities for accepting
payment through prescribed electronic modes.
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18. Lesson 9 https://www.inc
Guidelines under section 194-O (4) and section 206C (1-1) of the
ometaxindia.gov
Income-tax Act, 1961 (Circular No. 17 Dated September 29, 2020)
Procedure .in/communicati
Compliance Finance Act, 2020 inserted following section in the Income Tax Act, ons/circular/circ
1961 effective from October 1, 2020. ular_17_2020.p
Section 194-O: An e-commerce operator shall deduct income-tax @ df
1%of the gross amount of sale of goods or provision of service or both,
facilitated through its digital or electronic facility or platform.
Section 206(1H): A seller receiving an amount as consideration for
sale of any goods of the value or aggregate of such value exceeding 50
lakh rupees in any previous year to collect tax from the buyer a sum
equal to 0.1 % of the sale consideration exceeding 50 lakh rupees as
Income-tax.
In order to remove difficulties, the Central Board of Direct Tax vide
Circular No. 17 issued guidelines with respect to 194-O (4) and
section 206C (1-1) of the Income-tax Act, 1961.
19. Lesson 9 https://pib.nic.in
Clarification on doubts arising on account of new TCS provisions
/PressReleasePa
(September 30, 2020)
Procedure ge.aspx?PRID=
Compliance Finance Act, 2020 amended provisions relating to TCS with effect 1660392
from 1st October, 2020 to provide that seller of goods shall collect tax
@ 0.1 per cent (0.075% up to 31.03.2021) if the receipt of sale
consideration from a buyer exceeds Rs. 50 lakh in the financial year.
Further, to reduce the compliance burden, it has been provided that a
seller would be required to collect tax only if his turnover exceeds Rs.
10 crore in the last financial year. Moreover, the export of goods has
also been exempted from the applicability of these provisions.
The Central Board of Direct Taxes issues press note clarifying doubts
arising on the applicability of TCS provisions introduced vide Finance
Act, 2020. Circular No. 17 of 2020 dated 29.09.2020 containing
guidelines for the same issued earlier.
TCS shall be applicable only on the amount received on or after 1st
October, 2020. For example, a seller who has received Rs. 1 crore
before 1st October, 2020 from a particular buyer and receives Rs. 5
lakh after 1st October, 2020 would be required to collect tax on Rs. 5
lakh only and not on Rs. 55 lakh [i.e Rs.1.05 crore - Rs. 50 lakh
(threshold)] by including the amount received before 1st October,
2020.
It may be noted that TCS applies only in cases where receipt of sale
consideration exceeds Rs. 50 lakh in a financial year. As the
threshold is based on the yearly receipt, it may be noted that only for
the purpose of calculation of this threshold of Rs. 50 lakh, the receipt
from the beginning of the financial year i.e. from 1st April, 2020
shall be taken into account. For example, in the above illustration,
the seller has to collect tax on receipt of Rs. 5 lakh after 1st October,
2020 because the receipts from 1st April, 2020 i.e. Rs. 1.05 crore
exceeded the specified threshold of Rs. 50 lakh.
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20. Lesson 9 https://www.inc
Income tax (22nd Amendment) Rules, 2020 (October 1, 2020)
ometaxindia.gov
Procedure CBDT vide Notification No. 82/2020 dated October 1, 2020 issued .in/communicati
Compliance Income tax (22nd Amendment) Rules, 2020 to notify changes in Form ons/notification/
3CD, Form No 3CEB and ITR6. Further, amended Rule 5 of Income notification_82_
Tax Rules, 1962 and inserted new Rules and Forms namely:
2020.pdf
Rule 21AG- Exercise of option under sub-section (5) of section
115BAC
Rule 21AH– Exercise of option under sub-section (5) of section
115BAD
FORM No. 10-IE– Application for exercise/ withdrawal of option
under clause (i) of sub-section (5) of Section 115BAC of the
Income-tax Act, 1961
FORM No. 10-IF– Application for exercise of option under sub-
section (5) of Section 115BAD of the Income-tax Act, 1961.
21. Lesson 8 Equalisation levy (Amendment) Rules, 2020 (Notification No. 87 https://www.inc
Dated October 28, 2020) ometaxindia.gov
Classification CBDT has made the Equalisation levy (Amendment) Rules, 2020 to .in/communicati
and Tax amend the Equalisation levy Rules, 2016 as follows: ons/notification/
Incidence on notification_87_
Companies 1. Definition of “electronic verification code” is added to 2020.pdf
definition Rules 2 by inserting a new clause (aa): “electronic
verification code” means a code generated for the purpose of
electronic verification of the person furnishing the statement of
specified services as per the data structure and standards laid
down by the Principal Director- General of Income-tax
(Systems) or Director General of Income-tax (Systems), as the
case may be.
2. Rounding off rules amended: The heading of Rule 3 is
amended to exclude the words “for specified services”.
3. Amendment to payment of equalisation levy: Rule 4 related
to payment of equalisation levy is amended to include an e-
commerce operator in addition to the assessee.
4. Filing of annual statements: Rule 5 is amended to include a
statement of e-commerce supply or services in addition to the
statement of specified services. Further, provision to furnish a
revised statement in Form No. 1 is incorporated.
5. Furnishing of a statement in response to notice: Rule 6 is
amended to include the furnishing of a statement of specified
services or e-commerce supply or services in response to a
notice issued by the Assessing Officer. Further, this rule is made
applicable to an e-commerce operator apart from the assessee.
6. Notice of demand: The notice of demand can now be served
upon an assessee as well as on an e-commerce operator under
Rule 7 by the Assessing Officer.
7. Amendment related to Appeals: An e-commerce operator is
also allowed to file an appeal before the CIT(A) as per Rule 8.
8. Amendment related to ITAT Appeals: An e-commerce
operator is also allowed to file an appeal before the ITAT as per
Rule 9.
9. Substitution of Forms: For the execution of amended
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provisions of the Rules, Form 1, Form 3 and Form 4 under
the Equalisation Levy Rules, 2016 has been substituted with
effect from 28.10.2020.
22. Lesson 3 Notification No. 89 [Dated November 02, 2020] https://www.inc
ometaxindia.gov
Income which The Central Government hereby specifies the sovereign wealth fund, .in/communicati
do not form namely, the MIC Redwood 1 RSC Limited, Abu Dhabi, United Arab ons/notification/
part of Total Emirates, as the specified person for the purposes of Section notification_no_
Income 10(23FE)(b)(vi) of the Income-tax Act, 1961 in respect of the 89_2020.pdf
investment made by it in India on or after the date of publication of this
notification in the Official Gazette but on or before the 31st day of
March, 2024 subject to the fulfilment of the certain conditions.
The conditions listed out by the CBDT for availing the tax exemption
under the LTC cash voucher scheme require the employee to spend a
sum equal to three times of the value of the deemed LTC fare on
purchase of goods / services which carry a GST rate of 12% or more
from GST registered vendors / service providers through digital mode
between October 12, 2020 to March 31, 2021 and obtains a voucher
indicating the GST number and the amount of GST paid.
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Accordingly, The provisions of section 2, section 120, section 127,
section 129, section 131, section 133, section 133C, section 136 and
Chapter XXI of the Act shall apply to the procedure for imposing
penalty in accordance with the Faceless Penalty Scheme, 2021 subject
to the certain exceptions as specified in the Scheme.
27. Lesson 9 Procedure, Formats and Standards of issue of Permanent Account https://incomet
Number (PAN) (Notification No. 1 Dated February 8, 2021) axindia.gov.in/c
Procedural ommunications
Compliance The Director General of Income-tax (Systems) lays down the procedure, /notification/no
formats and standards for issue of permanent account number as under: tification2021.p
df
Issuing Procedure Formats and standards for issue of PAN
Authority for issue
of PAN
Assistant/ Physical Coloured, laminated and credit card sized
Deputy mode permanent account number card as per
Director approved design and specifications having
of Income one or more security features of only
Tax hologram or hologram and QR code
(Systems) enhanced QR code (having demographic as
-1(5) well as biometric information).
Electronic Electronic document in PDF format with
mode (e- enhanced QR code (having demographic as
PAN) well as biometric information)
https://www.incometaxindia.gov.in/communications/notification_7_2021.
pdf
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30. Lesson 3 Notification No. 8 (Dated February 22, 2021) https://incometa
xindia.gov.in/co
Income which The Central Government hereby notifies to include ‘Haryana State mmunications/n
do not form Pollution Control Board’ (PAN AAAJH0446F), a Board constituted by otification/notifi
part of Total the State Government of Haryana under the Water (Prevention and cation_8_2021.p
Income Control of Pollution) Act, 1974 for the purposes of the clause (46) of df
section 10 of the Income-tax Act, 1961 in respect of the following
specified income arising to the Board subject to certain conditions.
Thus, it can be seen that OECD as well as most of the countries have
clarified that in view of the provisions of the domestic income tax law
read with the DTAAs, there does not appear a possibility of the double
taxation of the income for PY 2020-21. The possibility of double taxation
does not exist as per the provisions of the Income-tax Act, 1961 read with
the DTAAs. However, in order to understand the possible situations in
which a particular taxpayer is facing double taxation due to the forced
stay in India, it would be in the fitness of things to obtain relevant
information from such individuals. After understanding the possible
situations of double taxation, the Board shall examine that,
Further, Finance Act, 2020 has inserted a new sub-clause (viia) in section
17(2) so as to provide that annual accretion by way of interest, dividend
or any other amount of similar nature during the previous year to the
balance at the credit of the fund or scheme referred to in sub-clause (vii)
may also be treated as perquisite to the extent it relates to the contribution
referred to in the said new sub-clause (vii), which is included in total
income and shall be computed in the prescribed manner.
In the Income-tax Rules, 1962, in rule 10V, in sub-rule (12), after the
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second proviso and before the Explanation, the two provisos shall be
inserted.
Firstly, “Provided also that the provisions of sub-rules (3) to (12) of rule
10VA shall, mutatis mutandis, apply to the application made under the
second proviso as they apply to application made under sub- rule (2) of
the said rule,”
Secondly, “Provided also that the provisions of sub-rule (3) of rule 10VA
shall not apply to an application made under the second proviso, if it is
for the previous year beginning on the 1st day of April, 2021, and made
on or before the 1st day of February, 2021,”
35. Lesson 9 Income-tax (5th Amendment) Rules, 2021 (Dated March 16, 2021) http://egazette.ni
c.in/WriteRead
Procedural The Central Board of Direct Taxes makes the Income-tax (5th Data/2021/2259
Compliance Amendment) Rules, 2021 (w.e.f. April 1, 2021) as follow: 42.pdf
Rule 29BA has been inserted with respect to “Application for grant of
certificate for determination of appropriate proportion of sum (other than
Salary), payable to non-resident, chargeable in case of the recipients”.
Form No. 15E has been inserted with respect to “Application by a person
for a certificate under section 195(2) and 195(7) of the Income-tax Act,
1961, for determination of appropriate proportion of sum (other than
salary) payable to non-resident, chargeable to tax in case of the recipient”.
36. Lesson 4 Tax Audit Report - Form 3CD- Applicability of Clause 30C and https://incometa
Part III Clause 44 extended by one more year i.e. will be applicable for the xindia.gov.in/co
Financials year 2022-23 [Circular No. 5 Dated March 25, 2021] mmunications/ci
PGBP rcular/circular_n
Section 44AB of the Income-tax Act, 1961 ('the Act') read with rule 6G o_5_2021.pdf
of the Income-tax Rules, 1962 ('the Rules') requires specified persons to
furnish the Tax Audit Report along with the prescribed particulars in
Form No. 3CD. The existing Form No. 3CD was amended vide
notification dated 20th July, 2018 with effect from 20th August, 2018.
However, the reporting under clause 30C (impermissible avoidance
arrangement) and clause 44 (Break-up of total expenditure of entities
registered or not registered under the GST) of the Tax Audit Report was
kept in abeyance till 31st March, 2019 vide Circular No. 6/2018 dated
17.08.2018, which was subsequently extended to 31st March, 2020 vide
Circular No. 912019. Vide circular no. 10/2020 dated 24.04.2020, it was
further extended to 31st March, 2021.
16
41. Lesson 9 Format, Procedure and Guidelines for submission of Statement of https://www.inc
Financial Transactions (SFT) for Dividend income [Notification No. 1 ometaxindia.gov
Procedural Dated April 20, 2021] .in/communicati
Compliance ons/notification/
The Central Board of Direct Taxes (CBDT) notified the Format, notification_1_2
Procedure, and Guidelines for submission of Statement of Financial 021_dividend_in
Transactions (SFT) for Dividend income. Section 285BA of the Income come.pdf
Tax Act, 1961 and Rule 114E requires specified reporting persons to
furnish SFT.
42. Lesson 9 Format, Procedure and Guidelines for submission of Statement of https://www.inc
Financial Transactions (SFT) for Interest income [Notification No. 2 ometaxindia.gov
Procedural Dated April 20, 2021] .in/communicati
Compliance ons/notification/
The Central Board of Direct Taxes (CBDT) notified the Format, notification_2_2
Procedure, and Guidelines for submission of Statement of Financial 021_interest_inc
Transactions (SFT) for Interest income. Section 285BA of the Income ome.pdf
Tax Act, 1961 and Rule 114E requires specified reporting persons to
furnish SFT.
43. Lesson 3 CBDT notifies Income-tax (11th Amendment) Rules, 2021 [Dated https://incometa
April 26, 2021] xindia.gov.in/co
Incomes mmunications/n
which do not The Central Board of Direct Taxes ‘CBDT’ issued the Income-tax (11th otification/notifi
form part of Amendment) Rules, 2021 to further amend the Income-tax Rules, 1962 cation_37_2021.
Total Income with regard to conditions to be satisfied by the Pension Fund, in a pdf
following manner:
44. Lesson 9 Format, Procedure and Guidelines for submission of Statement of https://www.inc
Financial Transactions (SFT) for Depository Transactions ometaxindia.gov
Procedural [Notification No. 3 Dated April 30, 2021] .in/communicati
Compliance ons/notification/
Section 285BA of the Income Tax Act, 1961 and Rule 114E requires notification-
specified reporting persons to furnish statement of financial transaction 3_2021_deposit
(SFT). For the purposes of pre-filling the return of income, CBDT has ory_transaction.
issued Notification No. 16/2021 dated 12.03.2021 to include reporting of pdf
information relating to Capital gains on transfer of listed securities or
units of Mutual Funds. The new sub rule 5A of rule 114E specifies that
17
the information shall be furnished in such form, at such frequency, and in
such manner, as may be specified. Accordingly, The guidelines for
preparation and submission of Statement of Financial Transactions (SFT)
information, format of control statement to be submitted by the
Designated Director and data structure and validation rules have been
prescribed.
45. Lesson 9 Format, Procedure and Guidelines for submission of Statement of https://www.inc
Financial Transactions (SFT) for Mutual Fund Transactions by ometaxindia.gov
Procedural Registrar and Share Transfer Agent [Notification No. 4 Dated April .in/communicati
Compliance 30, 2021] ons/notification/
notification_4_2
Section 285BA of the Income Tax Act, 1961 and Rule 114E requires
021_mutual_fun
specified reporting persons to furnish statement of financial transaction
d_transaction.pd
(SFT). For the purposes of pre-filling the return of income, CBDT has
f
issued Notification No. 16/2021 dated 12.03.2021 to include reporting of
information relating to Capital gains on transfer of units of Mutual Funds.
The new sub rule 5A of rule 114E specifies that the information shall be
furnished in such form, at such frequency, and in such manner, as may be
specified. Accordingly, The guidelines for preparation and submission of
Statement of Financial Transactions (SFT) information, format of control
statement to be submitted by the Designated Director and data structure
and validation rules have been prescribed.
46. Lesson 2 Thresholds for the purposes of Significant Economic Presence - Rule https://www.inc
11UD [Notification No. 41 Dated May 3, 2021] ometaxindia.go
Basic
concepts of The Central Board of Direct Taxes has notified the Income-tax (13th v.in/communic
Income Tax Amendment) Rules, 2021 which shall come into force from 1st April ations/notificati
2022. Through this amendment a new rule 11UD has been inserted which on/notification_
notifies the threshold for significant economic presence. 41_2021.pdf
As per the new rule, for the thresholds “the amount of aggregate of
payments arising from transaction or transactions in respect of any goods,
services or property carried out by a non-resident with any person in
India, including provision of download of data or software in India during
the previous year, shall be two crore rupees.”
Further, the number of users with whom systematic and continuous
business activities are solicited or who are engaged in interaction shall be
three lakhs.
Accordingly, the threshold limit has been notified for the purpose of
significant economic presence.
47. Lesson 9 CBDT notifies Amendment in Rule 114AAB and Form No. 49BA
[Notification No. 42 Dated May 4, 2021] https://www.eg
Procedural azette.nic.in/W
Compliance CBDT relaxes PAN requirement for a non-resident eligible foreign
riteReadData/2
investor making transaction only in a capital asset listed on a
021/226833.pdf
recognised stock exchange located in any IFSC and consideration paid
in Foreign Currency.
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48. Lesson 4 CBDT notifies rules for LTC Cash Voucher Scheme [Notification No. https://www.ega
(Part I) 50 Dated May 5, 2021] zette.nic.in/Writ
eReadData/2021
Salary CBDT notifies rules for LTC (Leave Travel Concession) Cash Voucher
/226843.pdf
Income Scheme [Section 10(5)] vide which LTC Exemption of Rs. 36000 per
family member For FY 2020-21 available to Employees of Both Private
& Government Sector. Rules are notified by inserting Sub-Rule 1A & IB
in Rule 2B of Income Tax Rules as follows:
Sub-Rule 1A: For the assessment year beginning on the 1st day of April,
2021, where the individual avails any cash allowance from his employer
in lieu of any travel concession or assistance, the amount exempted shall
be the amount, not exceeding thirty-six thousand rupees per person, for
the individual and the member of his family, or one-third of the specified
expenditure, whichever is less, subject to fulfillment of the certain
conditions.
Incomes The Central Government hereby specifies the following entities as the
which do not specified person for the purposes of the sub-clause (vi) of clause (b) of
form part of the Explanation 1 to clause (23FE) of section 10 of the Income-tax Act,
Total Income 1961 in respect of the investment made by it in India on or after the date
of publication of this notification in the Official Gazette but on or before
the 31st day of March, 2024 (hereinafter referred to as “said
investments”) subject to the fulfillment of the certain conditions.
21
To ease this compliance burden, the CBDT has issued a new
functionality called “Compliance Check for Sections 206AB &
206CCA”. Through this functionality, tax deductor or the collector can
feed the single PAN (PAN search) or multiple PANs (bulk search) of
the deductee or collectee and can get a response from the functionality
if such deductee or collectee is a specified person or not.
57. Lesson 9 Guidelines under section 194Q of the Income-tax Act, 1961 [Circular https://www.inc
No. 13 Dated June 30, 2021] ometaxindia.gov
Procedural .in/communicati
Compliance The Finance Act, 2021 inserted a new section 194Q in the Income-tax ons/circular/circ
Act 1961 which takes effect from 1st July, 2021. It applies to any buyer ular_13_2021.p
who is responsible for paying any sum to any resident seller for the df
purchase of any goods of the value or aggregate of value exceeding Rs.
50 lakh in any previous year. The buyer, at the time of credit of such sum
to the account of the seller or at the time of payment, whichever is earlier,
is required to deduct an amount equal to 0.1% of such sum exceeding Rs.
50 lakh as income tax.
As per notification, after rule 8AB, rule 8AC [i.e. Computation of short
term capital gains and written down value under section 50 where
depreciation on goodwill has been obtained] has been inserted.
61. Lesson 3 Notification No. 78 [Dated July 9, 2021] https://www.inc
ometaxindia.gov
Income which The Central Government notifies to include ‘Haryana Building and Other .in/communicati
do not form a Construction Workers Welfare Board’ (PAN AAATH6995H), a Board ons/notification/
part of Total constituted by the State Government of Haryana, for the purposes of the notification_78_
Income clause (46) of section 10 of the Income-tax Act, 1961 in respect of the 2021.pdf
certain specified income arising to that Board subject to certain
conditions.
23
64. Lesson 3 Notification No. 81 [Dated July 14, 2021] https://www.inc
ometaxindia.gov
Income which The Central Government notifies ‘Himachal Pradesh Computerization of .in/communicati
do not form a Police Society’, (PAN AABAH0360G), a body established by the State ons/notification/
part of Total Government of Himachal Pradesh, for the purposes of the clause (46) of notification_81_
Income section 10 of the Income-tax Act, 1961 in respect of the certain specified 2021.pdf
income arising to that body subject to certain conditions.
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67. Lesson 3 Notification No. 84 [Dated August 3, 2021] https://www.inc
ometaxindia.gov
Income which The Central Government specifies the pension fund, namely, the 2726247 .in/communicati
do not form a Ontario Inc., (hereinafter referred to as the assessee) as the specified ons/notification/
part of Total person for the purposes of the sub-clause (iv) of clause (c) of the notification_84_
Income Explanation 1 to clause (23FE) of section 10 of the Income-tax Act, 1961 2021.pdf
in respect of the eligible investment made by it in India on or after the
date of publication of this notification in the Official Gazette but on or
before the 31st day of March, 2024 (hereinafter referred to as said
investments) subject to the fulfillment of the certain conditions.
72. Lesson 9 Income-tax (29th Amendment) Rules, 2021 [Dated September 13, https://incometa
2021] xindia.gov.in/co
Procedural mmunications/n
Compliances The Central Board of Direct Taxes notifies Income-tax (29th otification/notifi
Amendment) Rules, 2021 to amend Income-tax Rules, 1962. The cation-no-109-
Amendment inserts a provision prescribing income- tax authority under 2021.pdf
second proviso to clause (i) of sub-section (1) of section 142 as follow:
Rules 12F: The Rule provides that the prescribed income-tax authority
under second proviso to clause (i) of sub-section (1) of section 142 shall
be an income-tax authority not below the rank of Income-tax Officer who
has been authorised by the Central Board of Direct Taxes to act as such
authority for the purposes of that clause.
26
Accordingly, TDS is not required to be deducted u/s 194A by
‘Scheduled Bank on payment of interest, other than interest on
securities to Scheduled Tribe residing in any specified area, and the
payment as referred above is accruing or arising to the receiver as
referred to in section 10(26) if the payment made or aggregate of
payments made during the previous year does not exceed 20 Lakhs
rupees.
74. Lesson 3 CBDT notifies pension fund, namely ‘2452991 Ontario Limited’ https://incometa
Section 10(23FE) [Notification No. 111 Dated September 16, 2021] xindia.gov.in/co
Income which mmunications/n
do not form a CBDT notifies pension fund, namely, ‘2452991 Ontario Limited’ under otification/notifi
part of Total sub-clause (iv) of clause (c) of the Explanation 1 to clause (23FE) of cation-no-111-
Income section 10 of the Income-tax Act, 1961 in respect of the eligible 2021.pdf
investment made by it in India on or after 16th September, 2021 but on or
before the 31st day of March, 2024 subject to fulfilment of certain
conditions.
28
Accordingly, the class of persons mentioned in column (2) of the above
Table is exempt from the requirement of furnishing a return of income
from assessment year 2021-2022 onwards subject to the fulfillment of
conditions specified in column (3) of the said Table.
79. Lesson 4 Clarification regarding Section 36(1)(xvii) of the Income-tax Act, https://incometa
Part III 1961 inserted vide Finance Act, 2015 [Circular No. 18 Dated Oct 25, xindia.gov.in/co
2021] mmunications/ci
PGBP rcular/circular-
The Finance Act, 2015 inserted the clause (xvii) in sub-section (1) of no-18-2021.pdf
section 36 of the Income-tax Act, 1961 (the Act) to provide for deduction
on account of the amount of expenditure incurred by a co-operative
society engaged in the business of manufacture of sugar for purchase of
sugarcane at a price which is equal to or less than the price fixed or
approved by the Government. The issue of treatment of additional
payment for sugarcane price by Co-operative sugar mills as an income
distribution to farmer members and the resultant tax liabilities has been
brought to the notice of the Central Board of Direct Taxes (the Board).
The matter has been examined by the Board and clarified that the
phrase 'price fixed or approved by the Government' includes price
fixation by State Governments through State-level Acts/Orders or other
legal instruments that regulate the purchase price for sugarcane
including State Advised Price, which may be higher than the Statutory
Minimum Price/ Fair and Remunerative Price fixed by the Central
Government.
80. Lesson 3 Guidelines under clause (23FE) of section 10 of the Income-tax Act, https://incometa
1961 [Circular No. 19 Dated October 26, 2021] xindia.gov.in/co
Income which mmunications/ci
do not form a Finance Act, 2020 inserted clause (23FE) to provide for exemption to rcular/circular-
part of Total sovereign wealth funds and pension funds on their income in the nature of 19-2021.pdf
Income dividend, interest and long-term capital gains arising from investment in
infrastructure in India made between 01 .04.2020 and 31.03.2024 subject
to fulfillment of certain conditions. The Board issued the following
guidelines in this regard:
(a) if the loans and borrowings have been taken by the specified fund or
any of its group concern, specifically for the purposes of making
investment by the specified fund in India, such fund shall not be eligible
for exemption under clause (23FE) of section 10 of the Act; and
(b) if the loans and borrowings have been taken by the specified fund or
any of its group concern, not specifically for the purposes of making
investment in India, it shall not be presumed that the investment in India
has been made out of such loans and borrowings and such specified fund
shall be eligible for exemption under clause 23(FE) of section 10 of the
Act, subject to the fulfillment of all other conditions under the said
clause, provided that the source of the investment in India is not from
such loans and borrowings.
Accordingly, the above guidelines has been issued with respect to
claiming exemption by sovereign wealth funds and pension funds on
their income in the nature of dividend, interest and long-term capital
gains arising from investment in infrastructure in India.
29
81. Lesson 10 E-Settlement Scheme, 2021 [Notification No. 129 Dated November 1, https://incometa
2021] xindia.gov.in/co
Assessment, mmunications/n
Appeals and The Central Board of Direct Taxes (CBDT) notified the e-Settlement otification/notifi
Revision Scheme, 2021 to settle pending Applications transferred to the Settlement cation-129-
Commission. This Scheme shall be applicable to pending applications in 2021.pdf
respect of which the applicant has not exercised the option under sub-
section (1) of section 245M of the Income tax Act, 1961 and which has
been allotted or transferred by Central Board of Direct Taxes to an
Interim Board. The Interim Board shall conduct e-settlement of pending
applications allocated or transferred to it in accordance with the
provisions of this Scheme.
The scheme is in line with the government’s vision to digitize the overall
income tax litigation process in order to bring more transparency and
credibility.
82. Lesson 10 Income tax (32nd Amendment) Rules, 2021 [Notification No. 132 https://incometa
Dated November 23, 2021] xindia.gov.in/co
Assessment, mmunications/n
Appeals and Through this notification, CBDT has notified revised Form No. 52A otification/notifi
Revision relating to Statement to be furnished to the Assessing Officer under cation-132-
section 285B of the Income-tax Act, 1961, in respect of production of a 2021.pdf
cinematograph film under Rule 121A of Income-tax Rules, 1962.
83. Lesson 3 Notification No. 133 [Dated November 23, 2021] https://incometa
xindia.gov.in/co
Income which The Central Government notifies to include ‘Haryana State Legal mmunications/n
do not form a Services Authority’ Panchkula (PAN AAALH0475J), an authority otification/notifi
part of Total constituted by the State Government of Haryana, for the purposes of the cation-133-
Income clause (46) of section 10 of the Income-tax Act, 1961 in respect of the 2021.pdf
certain specified income arising to that Authority subject to certain
conditions.
Rule 21AK: Conditions for the purpose of clause (4E) of section 10:
(1) The income accrued or arisen to, or received by, a non-resident as a
result of transfer of non-deliverable forward contracts under clause (4E)
of section 10 of the Act, shall be exempted subject to fulfillment of the
following conditions:
The offshore banking unit shall ensure that the condition provided in
clause (ii) of sub-rule (1) is complied with.
86. Lesson 3 Income-tax (34th Amendment) Rules, 2021 [Notification No. 138 https://egazette
Dated 27th December, 2021] .nic.in/WriteRe
Income which adData/2021/2
do not form a The Central Board of Direct taxes hereby makes the Income-tax (34th 32154.pdf
part of Total Amendment) Rules, 2021 further to amend the Income-tax Rules, 1962 as
Income follow:
Form No. 10-II has been inserted related to Statement of exempt income
under clause (23FF) of section 10 of the Income-tax Act, 1961
91. Lesson 4 New Income Tax Rule 8AD on Computation of Capital Gains u/s https://www.inc
Part IV 45(1B) [Notification No. 8 Dated January 18, 2022] ometaxindia.gov
Capital Gains Section 45(1B) provides that when a person receives an amount under .in/communicati
ULIP, to which exemption under Section 10(10D) does not apply, any ons/notification/
32
profits arising from such receipt shall be chargeable to tax under the head notification-8-
capital gains. The CBDT has notified Rule 8AD for computation of 2022.pdf
income deemed as capital gains in such cases.
95. Lesson 9 CBDT Circular No. 04/2022 for Tax Deduction on Salaries u/s 192 https://incomet
for FY 2021-22 [Dated March 15, 2022] axindia.gov.in/c
Procedural ommunications
Compliances The Central Board of Direct Taxes (CBDT) has released a circular /circular/circul
concerning Tax Deduction at Source (TDS) and Income tax deduction on ar-04-2022.pdf
salaries for the year 2021-22.
The circular provided the rates of the deduction of the income tax via
payment of the income chargeable beneath the head salaries in the FY
2021-22 and elaborates specifically related provisions of the act and the
income tax rules, 1962. The sections and the rules referred to the Income
tax Act 1961 and Income tax Rules 1962 correspondingly unless any
other decision has been given.
Last year, a Circular No. 20/2020 on 03.12.2020 was given in which the
rates of deduction of income-tax from the payment of income beneath the
head Salaries under Section 192 of the Income-tax Act, 1961 (hereinafter
‘the Act’), during the financial year 2020-21 were intimated.
Under section 192(1) of the act, any individual liable for paying any
income chargeable beneath the head salaries will during the payment time
deduct income tax on the amount payable at the average rate of the
income tax calculated on the grounds of the rates towards the fiscal year
where the payment is made, on the estimated income of taxpayer beneath
the head of the salary income for that fiscal year.
96. Lesson 4 Part Relaxation from the requirement of electronic filing of application in https://incomet
III Form No.3CF for seeking approval under section 35(1 )(ii)/(iia)/(iii) axindia.gov.in/c
of the Income-tax Act, 1961 (the Act) [Circular No. 5 Dated March ommunications
PGBP 16, 2022] /circular/circul
ar-no-5-
On consideration of difficulties in electronic filing of Form No.3CF as 2022.pdf
stipulated in Rule 5C (1A) and Rule 5F(2)(aa) of the Income-tax Rules,
1962 w.e.f. 01.04.2021, the Central Board of Direct Taxes (CBDT),
provides the following relaxation:
A Press Release issued by the Ministry has said that "till 31st March,
2023 the PAN of the assessees who have not intimated their Aadhaar, will
continue to be functional for the procedures under the Act, like furnishing
of return of income, processing of refunds etc".
99. Lesson 9 Extension of time line for electronic filing of Form No.10AB for https://incomet
seeking registration or approval under Section 10(23C), 12A or 80G axindia.gov.in/c
Procedural of the Income tax Act,1961 (the Act) [Circular No. 8 Dated March 31, ommunications
Compliances 2022] /circular/circul
ar-no-8-
On consideration of difficulties in electronic filing of Form No.10AB as 2022.pdf
stipulated in Rule 2C or 11AA or 17A of the Income tax Rules, 1962
w.e.f. 01.04.2021 , the Central Board of Direct Taxes (CBDT), extends
the due date for electronic filing of such Form as under:
This Notification shall apply with effect from the date of publication in
the Official Gazette (i.e. from the Previous Year 2021-22) and
accordingly shall be applicable for Assessment Years 2022-2023 to 2026-
2027.
101. Lesson 10 CBDT notifies Faceless Jurisdiction of Income-tax Authorities https://incomet
Scheme, 2022 [Notification No. 15 [Dated March 28, 2022] axindia.gov.in/c
Assessment, ommunications
Appeals and Section 130 of the Income-tax Act empowers the Central Government to /notification/no
Revision make a scheme for: tification-15-
2022.pdf
35
a) Exercise of all or any of the powers and performance of all or any
of the functions conferred on or assigned to Income-tax
authorities under Section 120; or
b) Vesting the jurisdiction with the Assessing Officer under Section
124; or
c) Exercise of power to transfer cases under Section 127; or
d) Exercise of the jurisdiction in case of change of incumbency
under Section 129
102. Lesson 9 Income-tax (Third Amendment) Rules, 2022 [Notification No. 17 https://incometa
Dated March 29, 2022] xindia.gov.in/co
Procedural mmunications/n
Compliances The Central Board of Direct Taxes (CBDT) on March 29, 2022 has issued otification/notifi
the Income-tax (Third Amendment) Rules, 2022 to further amend the cation-17-
Income-tax Rules, 1962. This has come into force on April 1, 2022. 2022.pdf
36
account number.” the following sub-rule (5A) has been inserted namely:
“Provided that the provisions of this sub-rule shall have effect from the
date specified by the Board”
103. Lesson 10 e-Assessment of Income Escaping Assessment Scheme, 2022 https://incomet
[Notification No. 18 Dated March 29, 2022] axindia.gov.in/c
Assessment, ommunications
Appeals and The Central Government hereby makes the e-Assessment of Income /notification/no
Revision Escaping Assessment Scheme, 2022. In this Scheme, unless the context tification-18-
otherwise requires, 2022.pdf
(a) Act means the Income-tax Act, 1961;
(b) automated allocationǁ means an algorithm for randomised allocation
of cases, by using suitable technological tools, including artificial
intelligence and machine learning, with a view to optimise the use of
resources.
107. Lesson 9 Income tax 6th Amendment Rules, 2022 [Notification No. 24 Dated https://incometa
4th April, 2022] xindia.gov.in/co
Procedural mmunications/n
Compliances CBDT notifies Income Tax Rule 21AAA i.e. Taxation of income from otification/notifi
retirement benefit account maintained in a notified country and FORM cation-24-
No. 10-EE vide Notification No. 24/2022. 2022.pdf
109. Lesson 10 e-Dispute Resolution Scheme, 2022 [Notification No. 27 Dated April https://egazette.
5, 2022] nic.in/WriteRea
Assessment, dData/2022/234
Appeals & The Central Government hereby makes e-Dispute Resolution Scheme, 851.pdf
Revision 2022. The scheme specifies the following:
Scope and Procedure
Application for Dispute Resolution and Screening of Application
by Committee
Procedure to be followed by Dispute Resolution Committee
Powers of the Dispute Resolution Committee
Waiver of penalty imposable and Immunity from prosecution
Appeal or revision
Authorisation to be filed
Exchange of communication exclusively by electronic mode
Authentication and Delivery of electronic record
No personal appearance before the Dispute Resolution
Committee
Proceedings not open to the public
Language of the Dispute Resolution Committee
Power to specify format, mode, procedure and processes
110. Lesson 3 Notification No. 29 [Dated April 11, 2022] https://incometa
xindia.gov.in/co
Income which The Central Government notifies “The Somnath Temple managed by mmunications/n
do not form a Shree Somnath Trust (PAN: AAATS9555Q)” to be place of historic otification/notifi
part of Total importance and a place of public worship of renown for the purposes of cation-29-
Income clause (b) of sub-section (2) of section 80G of the Income-tax Act, 1961. 2022.pdf
111. Lesson 3 Notification No. 30 [Dated April 11, 2022] https://incometa
xindia.gov.in/co
Income which The Central Government notifies to include ‘Rajasthan Electricity mmunications/n
do not form a Regulatory Commission’ (PAN AAABR0296D), a Commission otification/notifi
part of Total constituted by the state Government of Rajasthan, for the purposes of the cation-30-
Income clause (46) of section 10 of the Income-tax Act, 1961 in respect of the 2022.pdf
certain specified income arising to that Commission subject to fulfillment
of certain condition.
39
112. Lesson 3 Notification No. 31 [Dated April 18, 2022] https://incometa
xindia.gov.in/co
Income which The Central Government hereby notifies the National Bank for Financing mmunications/n
do not form a Infrastructure and Development, established under section 3 of the otification/notifi
part of Total National Bank for Financing Infrastructure and Development Act, 2021, cation-31-
Income for the purposes of clause (48D) of section 10 of the Income-tax Act, 2022.pdf
1961 for a period of ten consecutive assessment years beginning from the
assessment year 2022-2023.
119. Lesson 3 Income Tax (Thirteenth Amendment) Rules, 2022 [Notification No. https://incometa
50 Dated May 6, 2022] xindia.gov.in/co
Income which mmunications/n
do not form a The Central Board of Direct Taxes notified Income Tax (Thirteenth otification/notifi
part of Total Amendment) Rules, 2022. The amendment laid down the formula for cation-no-50-
Income computing infrastructure investments of sovereign wealth funds (SWFs) 2022.pdf
and pension funds that are eligible for income tax incentives, and the
scheme of computation of tax-exempt income attributable to these
investments. Rule 2DCA has been inserted to this effect.
Further, the Rules also state that, for the purpose of valuation, Section 10
of the Income Tax Act, 1961 identifies incomes that are exempted from
such valuation. Where any income is not included in the specified
person’s (Section 10(23FE) income, and where after any previous year if
41
a person fails to meet any of the listed provisions for the valuation of that
income that has to be excluded, it will be taxed as personal income. The
Rules also place the following responsibilities on The Principal Director
General of Income-tax (Systems) or the Director-General of Income-tax
(Systems) to:
120. Lesson 3 Guidelines under clause (23FE) of section 10 of the Income-tax Act, https://incometa
1961 [Circular No. 9 Dated May 9, 2022] xindia.gov.in/co
Income which The Ministry of Finance (MoF) has issued the Guidelines under clause mmunications/ci
do not form a (23FE) of section 10 of the Income-tax Act, 1961 to provide for rcular/cicular-9-
part of Total exemption to wholly owned subsidiaries of Abu Dhabi Investment 2022.pdf
Income Authority (ADIA), sovereign wealth funds (SWF) and pension funds (PF)
on their income in the nature of dividend, interest and long-term capital
gains arising from investment made in infrastructure in India, during the
period beginning with April 1, 2020 and ending on March 31, 2024
subject to fulfilment of certain conditions.
121. Lesson 9 Income Tax (Fifteenth Amendment) Rules, 2022 [Notification No. 53 https://incometa
Dated May 10, 2022] xindia.gov.in/co
Procedural mmunications/n
Compliances otification/notifi
The Central Board of Direct Taxes has issued the Income–tax (Fifteenth cation-no-53-
Amendment) Rules, 2022 which provides that Principal Director General 2022.pdf
of Income-tax (Systems) or Director General of Income-tax (Systems)
shall lay down the formats and standards along with procedure for
authentication of permanent account number or Aadhaar number.
122. Lesson 9 Circular regarding use of functionality under section 206AB and https://incometa
206CCA of the Income-tax Act, 1961 [Circular No. 10 Dated May 17, xindia.gov.in/co
Procedural 2022] mmunications/ci
Compliances rcular/circular-
CBDT issued a Circular to modify the earlier Circular No. 11/2021 dated no-10-2022.pdf
21.06.2021 subsequent to amendments made in section 206AB (for TDS)
and section 206CCA (for TCS) of the Income-tax Act, 1961 (‘Act’) by
the Finance Act, 2022.
123. Lesson 10 CBDT notified amendment in Faceless penalty scheme, allowing https://egazette.
Assessment, mandatory personal hearing [Notification No. 54 Dated May 27, nic.in/WriteRea
Appeals and 2022] dData/2022/236
Revision 054.pdf
The Central Board of Direct Taxes (CBDT) has notified the amendment
in the faceless penalty scheme, allowing mandatory personal hearing
through electronic mode to any taxpayer who has sought a hearing.
The amendment has omitted the Regional Faceless Penalty Centre from
the Faceless Penalty Scheme and provides that electronic records shall
be authenticated by the National Faceless Penalty Centre and even
hearing should be done via them and not regional faceless penalty
centre.
44
126. Lesson 3 Notification No. 58 Dated May 31, 2022 https://incometa
xindia.gov.in/co
Income which The Central Government notifies to include ‘National Biodiversity mmunications/n
do not form a Authority’ (PAN AAALN0331K), an Authority established under the otification/notifi
part of Total Biological Diversity Act, 2002, for the purposes of the clause (46) of cation-58-
Income section 10 of the Income-tax Act, 1961 in respect of the certain specified 2022.pdf
income arising to that Authority.
45