Posts

Showing posts from September, 2025

Section 18(4) of the Central Goods and Services Tax (CGST) Act, 2017 deals with the reversal of input tax credit (ITC)

  Section 18(4) of the Central Goods and Services Tax (CGST) Act, 2017 deals with the reversal of input tax credit (ITC) when a registered person switches from regular scheme (taxable supply under Section 9) to the composition scheme (under Section 10), or when they become exempt from payment of tax. ✅ CGST Act – Section 18(4) – Summary : Section 18(4) : Where any registered person who has availed input tax credit opts to pay tax under Section 10 (Composition Scheme) or, where the goods or services become wholly exempt , then such person shall pay an amount , by way of debit in the electronic credit ledger or electronic cash ledger , equivalent to the credit of input tax in respect of: Inputs held in stock , and Inputs contained in semi-finished or finished goods , and Capital goods (reduced by prescribed percentage), on the day immediately preceding the date of such switch (composition/exemption). After payment of such amount, the balance of input tax ...

📌 Powers of AO under Section 145(3), Income Tax Act, 1961 , Reject Books of Account If , unverifiable or bogus expenses

powers of the Assessing Officer (AO) under Section 145(3) of the Income Tax Act, 1961 in a clear way. 📌 Powers of AO under Section 145(3), Income Tax Act, 1961 1. Scope of Section 145 Section 145(1): Income chargeable under “Profits & Gains of Business/Profession” or “Income from Other Sources” shall be computed in accordance with: Cash or Mercantile system of accounting regularly employed by the assessee , and ICDS (Income Computation & Disclosure Standards) notified by CBDT. Section 145(2): CBDT can notify accounting standards for compliance. Section 145(3): If AO is not satisfied with the correctness/completeness of accounts, or with accounting method/standards, he may reject the books . 2. Powers Vested in AO u/s 145(3) The AO has the power to: a. Examine Books of Account Scrutinize purchase/sale invoices, stock register, vouchers, ledgers, bank statements. Verify compliance with notified accounting standards (ICDS). b. Reject Boo...

safely discharge the burden of proof under Income Tax & GST laws.

comprehensive checklist that a small/medium business in India should maintain to safely discharge the burden of proof under Income Tax & GST laws . The department does not have to prove that the expense is false — it’s the assessee who must prove that it is genuine . ⚖️ Judicial Support CIT v. Calcutta Agency Ltd. (1951) – The Supreme Court held that the onus is on the assessee to prove the claim of expenditure. 📑 Checklist of Documents to Justify Expenses 1. Purchases & Raw Materials Tax Invoices from suppliers (with GSTIN, HSN/SAC, description). E-way bills for movement of goods (if applicable). Goods receipt notes, delivery challans. Payment proof → bank transfer/cheque/UPI records. Supplier agreements / purchase orders. 2. Sales & Revenue Sales tax invoices with GSTIN. E-way bills for dispatch. Customer agreements / work orders. Proof of receipt of payment (bank statement, UPI, etc.). 3. Labour & Wages Wage regist...

partner remuneration under the Indian Income Tax Act for Assessment Year (AY) 2026-27, i.e., the financial year 2025-26:

partner remuneration under the Indian Income Tax Act for Assessment Year (AY) 2026-27 , i.e., the financial year 2025-26: 1. Remuneration Limits Under Section 40(b) – New Higher Ceiling Effective April 1, 2025 (FY 2025-26; applicable for AY 2026-27): The allowable deduction for remuneration paid to working partners has doubled . Revised limits under Section 40(b) : On the first ₹6,00,000 of book profit (or in case of loss): higher of ₹3,00,000 or 90% of book profit. On the rest of the book profit : 60% of book profit. Previously , this limit was: On the first ₹3,00,000: ₹1,50,000 or 90% of book profit (whichever higher) On the balance: 60% of book profit. 2. Introduction of Section 194T – Mandatory TDS on Partner Payments Also effective April 1, 2025 : A new section, Section 194T , mandates 10% TDS on payments to partners when total annual payments exceed ₹20,000 . Applies to payments like salary/remuneration, commission, bonus, interest . ...