Direct Tax

CBDT notifies income tax return forms for ay 2023-24

Press Release dated 15 February 2023

  • CBDT has notified ITR Forms for AY 23-24 vide Notification No. 4 and 5 of 2023 dated 10 February 2023 and 14 February 2023, which will come into effect from 1 April 2023.
  • As such, no significant changes have been made to the ITR Forms compared to last year’s ITR Forms. Only the bare minimum changes necessitated due to amendments in the Act have been made, the list of new ITR forms is as follows:
    • ITR Form 1 (Sahaj) - Can be filed by a resident individual having income up to INR 5 million and who receives income from salary, one house property, other sources and agriculture income up to INR 5000.
    • ITR Form 2 - Can be filed by Individuals and HUFs not having income from business and profession and who are not eligible for filing Sahaj.
    • ITR Form 3 - Can be filed by Individuals and HUFs having income from business and profession and who are not eligible for filing Sahaj.
    • ITR Form 4 (Sugam) - Can be filed by Individuals, HUFs and firms (other than LLPs) being residents having total income up to INR 5 million and having income from business and profession computed u/s 44AD, 44ADA or 44AE.
    • ITR Form 5 - Can be filed by Assessees other than individuals, HUFs and companies, i.e., partnership firms, LLPs, etc.
    • ITR Form 6 - Can be filed by all companies other than companies claiming exemption u/s 11.
    • ITR Form 7 - Can be filed by Trusts, political parties, charitable institutions, etc., claiming exempt income.
  • However, no changes have been made in the manner of filing the ITR Forms as compared to AY 22-23.

CBDT notifies centralised processing of equalization levy statement scheme, 2023

Notification S.O. 614(E) NO. 03/2023/F.NO.370142/1/2023- TPL dated 7 February 2023

  • CBDT has notified this scheme which will be applicable in respect of the processing of the Equalisation Levy Statements.
  • Every assessee or e-commerce operator shall furnish the Equalization Levy Statement under sub-section (1) of section 167 of the Act within the time stipulated.
  • Furnishing of the original or revised statement shall be done within any time before the expiry of two years from the end of the FY in which the specified services were provided.
  • The Commissioner may declare an Equalization Levy Statement invalid on the grounds of non-compliance with the procedure for using any software not validated and approved by the respective authority or on account of incomplete information in the statement.
  • Processing will be done after adjusting arithmetical errors, computation of correct interest amount based on sum deductible or payable, etc.
  • In connection to any proceedings relating to Equalization Levy, no personal appearance in the Centre shall be required by the assessee or e-commerce operator. Written or electronic communication in the specified format shall be sufficient compliance of the query or clarification received from the Centre.

Indirect Tax

Recommendations of GST Council’s 49th meeting

During the meeting, the GST Council discussed inter alia the setting-up of the Appellate Tribunals, a mechanism to curb tax evasion from commodities like pan masala, gutkha, etc., and other trade facilitation measures like rationalization of late fees for delay in filing Annual Returns, and the place of supply in case of transportation services.

Click here to read the key decisions taken by the GST Council.

CBIC revises format for recording details of warehoused goods

Circular No. 04/2023-Customs dated 21 February 2023

The Central Board of Indirect Taxes and Customs (CBIC) has amended ‘Form A’ prescribed vide Circular No. 25/2016-Customs for maintenance of records concerning warehoused goods to capture details related to receipts, handling, and storage. Going forward, an additional Column No. 25A has been inserted in the said form for disclosing the details of “Ex-Bond Bill of Entry and date/ Shipping Bill No. and date.”

CBIC tightens processes for Public, Private, and Special Warehouses

Circular No. 05/2023-Customs dated 21 February 2023

CBIC has directed that antecedent verification of the license applicants under the Public Warehousing Licensing Regulations, the Private Warehousing Licensing Regulations, or the Special Warehousing Licensing Regulations must be completed within 45 days of receipt of the application. Further, the prescribed requirements like capturing details in the application, annual renewal of solvency certificate, annual renewal of risk insurance policy, and storage of goods in public/private warehouses should be properly complied with by the applicant and thoroughly checked by the officer(s) concerned. Circular No. 26/2016-Customs stands amended accordingly.

No Basic Customs Duty on Ships/ Vessels for breaking up

Notification No. 13/2013-Customs dated 23 February 2023

The government has exempted basic customs duty (BCD) on the import of ships/vessels for breaking up till 31 March 2025. Accordingly, Notification No. 50/2017-Customs stands amended with effect from 24 February 2023.

Processing of pending MEIS/SEIS applications by Regional Authorities

Policy Circular No. 46/2015-20 dated 20 February 2023

The DGFT has directed that all MEIS/ SEIS applications which have been kept pending and are deficient at the Regional Authorities (RAs) on the basis of wrong jurisdiction may be re-opened and examined again on merits / additional documents submitted by the applicants. RAs should provide an opportunity of personal hearing to the applicants before rejecting a case.