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The SC upheld validity of Aadhaar Scheme with certain conditions

The Honorable Supreme Court has upheld the validity of Aadhaar saying sufficient security measures are taken to protect data and it is difficult to launch surveillance on citizens on the basis of Aadhaar. Key takeaways: The SC asked the Centre to bring a robust law for data protection as soon as possible.  The SC said Aadhaar cannot be made mandatory for openings of a bank account and for getting mobile connections.  The SC said that Aadhaar must not be made compulsory for school admission and the administration cannot make it mandatory.  The SC has made linking of Aadhaar and PAN mandatory. The apex court also made Aadhaar mandatory for filing of Income Tax Return (ITR).  The SC directed the government to ensure that illegal migrants are not issued Aadhaar to get benefits of social welfare schemes.  Private entities cannot ask for Aadhaar.  The apex court struck down the provision in Aadhaar law allowing sharing of data on the ground of nat...

Revised threshold monetary limits for filing Departmental Appeals before ITAT, HC and SC

In order to reduce the long pending grievances of taxpayers and to minimise litigations pertaining to tax matters and to facilitate the Ease of Doing Business, Government of India has decided to increase the threshold monetary limits for filing Departmental Appeals at various levels, be it Appellate Tribunals, High Courts and the Supreme Court in the following manner :- Sl. No. Appeal Fora Present limit for filing appeal (In Rs.) Enhanced limit (In Rs.) 1. ITAT / CESTAT 10 lakhs 20 lakhs 2. High Courts 20 lakhs 50 lakhs 3. Supreme Court 25 lakhs 1 Crore This is a major step in the direction of litigation management of both direct and indirect taxes as it will effectively reduce minor litigations and help the Department to focus on high value litigations. In case of CBDT, out of total cases filed by the Department in ITAT,  34%  of cases will be withdrawn. In case of High Courts,  48%  of cases will be withdrawn and in c...

Appeals to ITAT

Appeals to Income-tax Appellate Tribunal u/s. 252 to 255 of the Income-tax Act Appealable orders - Appeal by assessee  • An order passed by Deputy Commissioner (Appeals) before 1-10-1998 or, as the case may be, a Commissioner (Appeals) under section 154, section 250, section 271, section 271A or section 272A; or  • An order passed by an Assessing Officer under clause ( c ) of section 158BC, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A, after 30-6-1995, but before 1-1-1997; or  • An order passed by a Principal Commissioner/Commissioner under section 12AA or under section 80G(5)( vi ) or under section 263/or under section 270A (with effect from 1-4-2017) or under section 271 or under section 272A or an order passed by him under section 154 amending his order under section 263 or an order pas...

Appeals to Commissioner (Appeals)

Appeals to CIT (Appeals) u/s. 246A to 249 of the Income-tax Act Appealable orders Please  see  section  246A Time limit for presenting appeal Appeals should be presented within 30 days of the following date : where the appeal relates to any  tax deducted under section 195(1), the date of payment of the tax where the appeal relates to any assessment or penalty, the date of service of notice of demand relating to the assess­ment or penalty in any other case, the date on which intimation of the order sought to be appealed against is served The Commissioner (Appeals) may admit belated application on sufficient cause being shown. Form of appeal Form No. 35  the CBDT had substituted the Rule 45 of Income-tax Rules, 1962 relating to filing of Form of appeal to CIT(A) vide Income-tax (3rd Amendment) Rules, 2016. By virtue of such amendment, the CBDT had issued...

Period of Limitations under Income-tax Act

Time Limit for completion of Assessment u/s. 143 or 144 of the Income-tax Act, 1961: AY 2016-17  -  withing 21 months from the end of Assessment Year i.e. 31.12.2018 AY 2017-18  -  withing 21 months from the end of Assessment Year i.e. 31.12.2019 AY 2018-19  -  withing 18 months from the end of Assessment Year i.e. 30.09.2020 AY 2019-20  -  withing 12 months from the end of Assessment Year i.e. 31.03.2021 Period of Limitation Table  under the Income-tax Act, 1961

Income-tax Rates for AY 2018-19

Individual: Up to Rs. 2,50,000 Nil Rs. 2,50,001 to Rs. 5,00,000 5% Rs. 5,00,001 to Rs. 10,00,000 20% Above Rs. 10,00,000 30% * Surcharge: 10% if total income exceeds Rs. 50 lacs and 15% if total income exceeds Rs. 1 Crore *  Health & Education cess at 4% of Income Tax & Surcharge *  Relief u/s 87A up to Rs. 2,500 for resident individuals having total income of up to Rs. 3,50,000 Senior Citizen: Up to Rs. 3,00,000 Nil Rs. 3,00,001 to Rs. 5,00,000 5% Rs. 5,00,001 to Rs. 10,00,000 20% Above Rs. 10,00,000 30% *  Surcharge: 10% if total income exceeds Rs. 50 lacs and 15% if total income exceeds Rs. 1 Crore *  Health & Education cess at 4% of Income Tax & Surcharge *  Relief u/s 87A up to Rs. 2,500 for resident individuals having total income of up to Rs. 3,50,000 Super Senior Citizen: Up to Rs. 5,00,000 Nil Rs. 5,00,001 to Rs. 10,00,000 20% Above Rs. 10,00,000 30% *  Surcharge: 10% if total income ex...

Union Budget 2018

Hon'able Finance Minister Shri Arun Jaitley presented Union Budget 2018 on February 01, 2018 Budget Glossary Key to Budget Documents Finance Bill 2018 Memorandum Explaining Provisions of Finance Bill  2018