Latest Blogs from SBS and Company LLP

    Various Issues under Section 50 – Capital Gains – Depreciable Capital Asset

    In this article, we shall discuss various issues under section 50 of Income Tax Act, 1961 (‘ITA’) which deals with computation of gain arising from the transfer of depreciable capital asset.

    Introduction:

    Section 50 of ITA states that when there is a transfer of capital asset which forms part of block of assets in respect of which depreciation has been allowed, gain or loss arising from transfer of such depreciable capital asset shall be treated as gain or loss arising from transfer of short-term capital asset.

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    Residential Status and Taxability of Crew Members of a Ship or Aircraft

    In our previous articles[1], the concept of deemed residency and various aspects of residency under Section 6 has been discussed in detail. In this part, the concept of determination of residential status of a crew member of a ship or aircraft along with taxability of such person has been dealt with.

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    Refund of Unutilised Credit – Closure of Unit – Possibility Thereof

    We are all aware that one of the cardinal principles of any taxation regime of any country is that to see that the domestic vendors export services or goods but not the taxes. To neutralise the tax burden borne by the domestic vendors in pursuit of exports, the Government, normally allows the tax borne by the vendors/exporters as refund. The refund is normally allowed only to the extent of unutilised input tax credit. In simpler words, if the exporter has domestic supplies also, then he can first use the credit to set off the tax liability on the domestic supplies and then approach the Government for the balance unutilised portion as refund. We have written previously on the refunds under the GST laws , please read An Incisive analysis on Refund of TRAN Credit | SBS Blog before proceeding to read this piece.

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    Insights into Aatmanirbhar Bharat Rozgar Yojana (ABRY)

    The Scheme proposes to incentivize employers, registered with Employees Provident Fund Organisation (EPFO), for giving employment to new employees. The Scheme commenced from 1st October 2020 and remain open for registration of eligible employers and new employees up to 31 March 2022.

    Reference Base:

    The number of employees with Universal Account Number (UAN) for whom employer has remitted EPF/EPS contributions through ECR filed for wage month of September 2020 shall be taken as reference base number of employees. Establishment will be eligible only if the ECR for wage month September 2020 is filed on or before 15th December 2020. For any new establishment getting registered under EPF from 1.10.2020 to 31.3.2022, the reference base shall be treated as zero.

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    SBS Wiki E Journal January 2022

    In this edition, we bring you, the possibility of claiming refund of unutilised input tax credit at the time of closure of the unit. Under the GST laws, business carried in each state by a registered person is obligated to obtain registration. There arises a situation, when one of the said registered person has unutilised credit for various reasons, intends to close the business in such state, whether there would be any possibility of approaching the authorities for grant of refund. We have taken a case study to explore this point.

    The next article is on the concluding piece of ‘residence’ under Income Tax Act. We have written two pieces earlier, which were published in our previous editions. This conclusion part deals with mostly no-touched area dealing with crew member of ship and aircraft.

    The subsequent article is on the various issues arising from computation of capital gain on sale of depreciable asset in terms of Section 50 of Income Tax Act. Basis our experience, we have collated certain issues, which would arise, when the sale of depreciable asset happens and by taking help of the judicial precedents tried to analyse the same.

    The finale is on the recent support extended by Government in the form of Aatmanirbhar Bharat Rojgar Yojana (ABRY). Through this, the Government intends to contribute the PF share of employer and employee in certain class of establishments and employee share in certain class of establishments qua new employees to promote the employment generation. The insights were contributed by our learned senior associate Mr SV Ramachandra Rao.

    We hope that you will have good time reading this edition and please do share your feedback. I will also urge clients to mail us topics or issues on which you want us to deliberate in our future editions, so that we can contribute to the same.

    KEY TOPICS:

    GST

    DIRECT TAX

    LABOUR LAW

     

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