Master Guide to Income Tax Rules is a comprehensive publication that stands out for its in-depth structured coverage and accuracy. This unique publication provides detailed Rule-wise commentary on the Income-tax Rules of 1962, setting a high standard for clarity and thoroughness that Taxmann is known for. Each operative rule is carefully examined to provide a complete understanding of its statutory background and legislative intent, along with relevant case laws that shed light on how the rules are applied. Explanatory discussions and practical examples make even the most complicated rules easier to understand. This book is tailored for tax professionals, accountants, legal practitioners, and students, providing the expertise needed to understand the complexities of the Income-tax Rules. It helps prepare audits, advise on compliance, plan tax strategies, etc. The Present Publication is the 31st Edition and incorporates all amendments till the Income-tax (Sixth Amendment) Rules, 2024. This book is authored by Taxmann's Editorial Board with the following noteworthy features: • [Para-wise Detailed Analysis] This book thoroughly examines every operative rule of the Income-tax Rules, 1962, with the underlying provisions of the Income-tax Act and the required compliances. • [Statutory Background] Each rule is placed in context with its statutory provision, helping readers understand the intent and practical application of the law • [Case Laws] Relevant judicial precedents of the Supreme Court, High Courts and Tribunals are included to aid in the interpretation and real-world application of the rules • [Simplified Language] The rules are explained in clear, lucid and straightforward language, making the provisions accessible and easy to understand • [Illustrations] Practical examples are provided to help clarify the more complex aspects of the rules, making them easier to understand • [Gist of Circulars and Notifications] Summaries of all relevant and current circulars and notifications are linked to each rule, giving a complete picture of the law The structure of this book is as follows: • Detailed Rule-wise Analysis o Each rule of the Income-tax Rules, 1962, is dissected to clarify its applications and implications. This section is structured to provide: § Rule Number and Title – Listed for quick reference § Statutory Background – Discussion on the legislative history and intent behind each rule, explaining why and how it was enacted § Detailed Commentary – Delivered in a para-wise format, this book provides a thorough analysis of the rule's provisions and their operational implications § Case Law Integration – Features pivotal judicial precedents from the Supreme Court, High Courts, and Tribunals, demonstrating the interpretation and application of rules in judicial contexts § Illustrations and Examples – Practical scenarios and examples elucidate complex regulations, illustrating their application in real-world situations § Compliance Guidelines – Specified the compliance requirements for each rule, guiding practitioners in accurate and timely adherence to regulations § Gist of Circulars and Notifications – Summarises pertinent and up-to-date circulars and notifications related to each rule, ensuring practitioners have access to the latest regulatory changes § Cross-referencing – Enhances usability with strategic cross-referencing to para numbers or annexures, simplifying navigation • Supplementary Materials o Annexures and Important Circulars/Notifications – Contains the full texts of the important circulars, notifications, office memorandum, and relevant statutory provisions of allied acts/rules, linked appropriately to corresponding rules o Comprehensive List of Circulars/Notifications – This exhaustive list includes all referenced circulars, notifications, and other documents, organised chronologically and indexed by para number or annexure for streamlined access
This book provides the amended, updated, and annotated text of the Income-tax Rules, 1962, along with 25+ allied rules, schemes, and return forms for the Assessment Year 2024-25. The recent changes in the Income-tax Rules, 1962 are as follows: • [Insertion/Changes in Rules] are as follows: o Insertion of 9+ New Rules o Changes in 30+ Existing Rules • [Insertion/Changes in Forms] are as follows: o Insertion of 6+ New Forms o Changes in 35+ Existing Forms • [New Rules & Forms] are as follows: o New Rule for Net Winnings from Online Games – Specifies how to compute 'Net Winnings' under Sections 115BBJ & 194BA o Form No. 56F – To be submitted by assessees claiming deductions under Section 10AA o Form 15CD – Introduced for IFSC to provide a quarterly statement of all remittances to non-residents or foreign companies o Form 71 – Allows TDS credit for income disclosed in previously filed ITRs o Rules 13 & 13A – Implement Finance Act 2023 amendments related to search and seizure o Rule 11UACA – Computes taxable income from sums received under life insurance policies o Form 3AF – For assessees claiming deductions under Section 35D o Rule 21AGA and Form 10-IEA – For opting into the Old Tax Regime The Present Publication is the 61st Edition | 2024, and all available amendments notified up to Income Tax (Sixth Amendment) Rules, 2024, have been incorporated. This book is edited/authored by Taxmann's Editorial Board, with the following noteworthy features: • [Comprehensive Guide to Amendments] Detailed coverage of amendments made in the Income-tax Rules in 2023-2024 • [Coverage] of this book includes: o All Rules, Schemes, etc., which are either notified under the Income-tax Act, 1961 or referred to in different provisions of the Income-tax Act, are covered, i.e., § Income-tax Rules § ICDS § Faceless Assessment, Appeal & Penalty Scheme with Directions § STT, CTT & EL, etc. o Income-tax Return Forms for Assessment Year 2024-25 o Landmark Judgements & CBDT Circulars • [Action Points for Forms] Explanation of relevant provisions and the filing process for each form • [Quick Identification for Redundant & e-Forms] • [Bestseller Series] Taxmann's series of Bestseller Books for more than Five Decades • [Zero Error] Follows the Six Sigma Approach to achieve the benchmark of 'Zero Error' The detailed contents of the book are as follows: • Income-tax Rules, 1962 amended up to date with the list & text of provisions of Allied Law referred to in Income-tax Rules • Income Computation and Disclosure Standards • e-Appeals Scheme along with Order under sub-section (6) of section246 of the Income-tax Act, 1961 for specifying the scope of e-Appeals Scheme under the Act • Faceless Assessment Scheme, 2019 with Directions • Faceless Appeal Scheme, 2021 • Faceless Penalty Scheme, 2021 with Directions • Commodities Transaction Tax Rules, 2013 • Securities Transaction Tax Rules, 2004 • Equalisation Levy Rules, 2016 • Prohibition of Benami Property Transaction Rules, 2016 • Centralised Verification Scheme, 2019 • Centralised Processing of Returns Scheme, 2011, with the text of the Application of provisions of the Act relating to the processing of Returns, Time-limit for verification of return of income after uploading and Reduction of time-limit for verification of Income-tax Return (ITR) form within 120 days to 30 days of transmitting the data of ITR electronically • e-Settlement Scheme, 2021 • e-Verification Scheme, 2021 with FAQs on e-Verification Scheme, 2021 and Promoting voluntary compliance through e-Verification Scheme, 2021 • e-Advance Rulings Scheme, 2022 • Faceless Jurisdiction of Income-tax Authorities Scheme, 2022 • e-Assessment of Income Escaping Assessment Scheme • Faceless Inquiry or Valuation Scheme, 2022 • e-Dispute Resolution Scheme, 2022 • Centralised Processing of Equalisation Levy Statement Scheme, 2023 • Return Forms o ITR-1 | SAHAJ – Individual Income Tax Return o ITR-2 | Return of Income – For Individuals and HUFs not having income from profits and gains of business or profession o ITR-2A | [Omitted by the IT (Fourth Amdt.) Rules, 2017, w.e.f. 1-4-2017] o ITR-3 | Return of Income – For Individuals and HUFs having income from profits and gains of business or profession o ITR-4 | SUGAM – Form Individuals, HUFs and Firms (other than LLP) being a resident having total income up to Rs. 50 lakh and having income from business and profession, which is computed under section 44AD, 44ADA or 44AE [Not for an individual who is either a Director in a company or has invested in unlisted equity shares or if income-tax is deferred on ESOP or has agricultural income more than Rs. 5000] o ITR-4 | [Omitted by the IT (Fourth Amdt.) Rules, 2017, w.e.f. 1-4-2017] o ITR-5 | Return of Income - For persons other than — (i) individual, (ii) HUF, (iii) company and (iv) person filing Form ITR-7 o ITR-6 | Return of Income – For Companies other than companies claiming exemption under section 11 o ITR-7 | Return of Income – For persons including companies required to furnish returns under sections 139(4A) or, 139(4B) or, 139(4C), or 139(4D) only o ITR-8 | [Omitted by the IT (Twenty-First Amdt.) Rules, 2021, w.e.f. 29-7-2021] o ITR-V | Verification Form & Acknowledgment o ITR-A | Return Form – For successor entities to furnish a return of income under section 170A consequent to business reorganisation o ITR-U | Return Form – For persons to update income within twenty-four months from the end of the relevant assessment year • Other Rules and Schemes o Income-tax (Certificate Proceedings) Rules, 1962 o Bank Term Deposit Scheme, 2006 o Senior Citizens' Savings Scheme, 2019 o National Savings Certificates (VIII Issue) Scheme, 2019 o Income-tax (Appellate Tribunal) Rules, 1963
This is a unique publication that deals with the law and specimens of petitions commonly used by tax practitioners in their day-to-day practice. This book attempts to blend the theory and practical aspects of drafting documents. It attempts to explain the nuances of drafting documents and educates the reader on how these are used in real life. The specimens of pleadings are accompanied by a summary of corresponding legal provisions, giving a professional the 'how' and the 'why' of a legal proceeding. A unique feature of this book is the do's & don'ts while preparing petitions. This book will be helpful for tax practitioners, advocates & taxpayers to help them bring clarity in their pleadings and understand the procedural & practical aspects of Tax Laws. The Present Publication is the 3rd Edition, edited by Dr. K. Shivaram, Mr. Rajendra & CA Anish Thacker. The book is divided into 29 chapters, authored by 28 eminent authors, who are senior professionals & retired members of ITAT. The detailed contents of the book are as follows: • Grounds of appeal under Income Tax Law before CIT(A), DRP, and ITAT, including cross objections (Revised Form 36 and Form 35) - Vasanthi Patel & Rupal Shah Vora, Advocates • Application for raising additional grounds of appeal before Appellate Tribunal and Commissioner (Appeals)/National Faceless Appeal Centre (NFAC) - Shashi Bekal, Advocate • Application for admission of additional evidence before the Appellate Tribunal and Commissioner (Appeals)/National Faceless Appeal Centre (NFAC) - Shashi Bekal, Advocate • Application under Rule 27 of the Income-tax Appellate Tribunal Rules, 1963 - Shashi Bekal, Advocate • Application for condonation of delay before Income Tax Appellate Tribunal & Commissioner (Appeals)/National Faceless Appeal Centre - Shashi Bekal, Advocate • Rectification applications under sections 154 and 254(2) of the Income-tax Act, 1961 - Paras S. Savla & Pratik B. Poddar, Advocates • Stay Application/Petition before Assessing Officer and before Principal Commissioner of Income tax - Niyati Mankad, Advocate • Stay application before Appellate Tribunal - Subhash S. Shetty, Advocate • Appeals/Cross objections before the High Court – Section 260A of the Income-tax Act, 1961 - Jeet Kamdar, Advocate • Writ Petitions before the High Court - Sukhsagar Syal, Advocate • Writ Petition before Supreme Court – Article 32 of the Constitution of India, 1950 - Bharat L Gandhi, Advocate • Special Leave Petition before the Supreme Court - Bharat L Gandhi, Advocate • Revision Application u/s 264 of the Income-tax Act, 1961 - Harsh M. Kapadia, Advocate • Applications before Central Board of Direct Taxes – Section 119 of the Income-tax Act, 1961 - Deepak Tralshawala, Advocate • Dispute Resolution Committee in certain cases – Chapter XIX-AA – Section 245MA of the Income-tax Act, 1961 - Mandar Vaidya, Advocate • Certificate for deduction of tax at a lower rate - CA Srinath Kumar • Applications during search and survey proceedings - CA Shri Reepal Tralshawala • Indemnity bonds - CA Viraj Mehta • Power to reduce or waive penalty, etc., in certain cases – Section 273A of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Reduction/waiver of interest under section 220 of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Immunity from the imposition of penalty, etc. – Section 270AA of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Powers of waiver of interest under sections 234A, 234B and 234C of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Power of Principal Commissioner or Commissioner to grant immunity from penalty – Section 273AA of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Practice and Procedure – Prosecutions under the Income-tax Act, 1961 - Dr. Sujay N. Kantawala, Advocate • Application for compounding of offences under Income-tax Act, 1961 - Rahul Hakani, Advocate • Gift Deed - General law & Income-tax Act, 1961 - Ajay R Singh, Advocate High Court • Affidavits – General law & Income-tax Act, 1961 - D. Manmohan, Advocate, Vice President (Retd.), (ITAT), B. Ramakotaiah, Accountant Member (Retd.), (ITAT), Sashank Dundu, Advocate • Trusts, Settlements and Alternative Investment Funds - Radhika Parikh & Nandini Pathak, Advocates • Partition of Hindu Undivided Family (HUF) - N.A. Kapasi, Advocate and Pradip N. Kapasi, Chartered Accountant
Taxmann's flagship section-wise commentary on Income-tax Act is also the most updated & amended. It is presented in a structured, integrated, interconnected, and short & concise format. This book exemplifies the Taxmann's legacy of 60+ years and the unmatched 35 years' experience of Mr M.K. Pithisaria. This book will be helpful for tax practitioners of Income-tax, International Tax, Transfer Pricing, etc. The Present Publication is the 1st Edition, amended by the Finance Act 2022 & updated till 14th July 2022. This book is authored by Adv. M.K. Pithisaria & CA Abhishek Pithisaria, with the following noteworthy features: • [Flow of the Commentary] o The content of each (operative) Section starts with the Section portion, followed by; o The relevant Rule to that Section (if any) followed by; o The commentary portion under the central heading 'Comments' • [Integrated Commentary] that cohesively integrates the following: o Income-tax Act, 1961 o Income-tax Rules, 1962 o Notifications, Circulars, Instructions, etc. issued by the Central Board of Direct Taxes (CBDT) and the Central Government o International literature on International Tax & Transfer Pricing • [Interconnected Commentary] o This commentary aims to help the reader comprehend the law logically, effectively, and efficiently o The authors have given a para numbering and broad subject heading in the commentary on every Section, allowing you to navigate to the relevant portion quickly o Each volume provides a detailed alphabetic subject index and list of cases that help you find the relevant discussion instantly • [Comprehensive Commentary] o The authors have explained every provision's critical aspect and principles with judicial pronouncements, circulars, notifications, practical insights, and illustrations. o The book covers the international literature on various aspects, including UN Model Tax Convention 2021, OECD TP Guidelines, and Expert Committee's Report on GAAR
ALL ORDERS OF TAXMANN's BUDGET ARE SENT VIA THE FASTEST MODE OF DELIVERY This book is an imprint edition of the Union Budget 2023-24. It covers the complete text of the Union Budget 2023-24, including: • Income-tax • GST • Customs It has the following key documents: • Budget Highlights • Budget Speech • Finance Bill, 2023 • Notes on Clauses • Memorandum explaining the provisions of the Finance Bill, 2023 • Budget Notifications • DO Letter This edition covers everything you need to decipher the changes proposed by the Finance Bill, 2023 in Income-tax, GST and Customs
This handbook offers an in-depth understanding of the law of evidence and cross-examination within tax and related legal areas. It is presented in a Q&A format to tackle a broad spectrum of topics across various tax statutes. The content is methodically divided into fifteen chapters dedicated to different facets of tax law and evidence. These chapters dissect procedural and evidentiary aspects ranging from basic evidence concepts in the Income-tax Act 1961 to complex topics in International Taxation and Transfer Pricing. The handbook addresses indirect tax procedures under several acts, including the GST Act, Customs Act, and more specialised areas like Benami Transactions and the Prevention of Money Laundering Act (PMLA). It also covers aspects of the Information Technology Act 2000. It introduces new criminal law frameworks under the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and the Indian Limitation Act, 1963. This book is tailored for tax consultants and legal advisors and serves as a practical guide for applying the law of evidence in tax-related proceedings, including: • Assessments • Re-assessments • Appeals It is especially pertinent for those practising in virtual assessment and appeal environments, where precise evidence handling is crucial. The Present Publication is the Latest Edition, commissioned by the All India Federation of Tax Practitioners and published exclusively by Taxmann. It is edited by Dr K. Shivaram, and authored by CA. M.V. Purushottama Rao, Adv. P.V. Subba Rao, Adv. Paras Savla, Adv. Rahul Hakani, Adv. Sham V. Walve, Adv. Divesh Chawla, Adv. Aditya Ajgaonkar, Adv. Shashi Ashok Bekal, Adv. Tanveer Khan and CA. Yash Ranglani. The noteworthy features of the book are as follows: • [Practical Q&A Format] with a focus on complex legal issues in tax (both direct and indirect) and various economic laws • [Structured Format] Each chapter addresses specific legislation, discussing the following: o Core Concepts o Application Challenges o Procedural Aspects • [Detailed Analysis] on topics such as: o Intricate aspects of evidence and cross-examination techniques o Evidentiary challenges and legal strategies in dealing with documents such as microfilms, computer printouts, and electronic records o Advanced topics like transfer pricing, General Anti Avoidance Rule (GAAR), and the role of evidence in international transactions o New Criminal Law Framework: § Bharatiya Nyaya Sanhita § Bharatiya Nagarik Suraksha Sanhita § Bharatiya Sakshya Adhiniyam • [Expert Authorship] Authored by 10+ stalwarts in the field, the book encapsulates the depth of experience and knowledge of its contributors, who are recognised professionals in law and taxation. The structure of the book is as follows: • [Basics to Advanced Topics] Starts with fundamental concepts of evidence and moves to complex issues in re-assessment proceedings, international transactions, and cross-border issues, including transfer pricing and GAAR • [Cross-Examination Techniques] Dedicated sections on the art and strategic approach to cross-examination in tax litigation, with do's and don'ts to aid practitioners in effective advocacy • [Special Focus on New Legislation] Detailed analysis of the BNS, BSA, and their implications on current tax practices and evidence handling • [Practical Approach] Each section includes practical questions and answers that help clarify the practical application of theoretical knowledge The contents of the book are as follows: • Income-tax Act, 1961 – Evidence – Concepts and Basics o This chapter introduces and discusses the definition and basic features of 'Evidence' outlined in the Bharatiya Sakshya Adhiniyam, 2023. An analysis of how courts interpret 'Evidence' under the Evidence Act, 1872, and the relevance of these interpretations within the context of the Income-tax Act, 1961 § FAQ.1 – FAQ.18 – It provides a detailed analysis covering the provisions of the Income-tax Act that refer to 'Evidence,' including direct and indirect references to the Evidence Act and the Bharatiya Sakshya Adhiniyam, 2023. The chapter discusses the evidentiary value of confessional statements, the credibility assessments by Assessing Officers, and the legalities surrounding cash credits, among other pivotal discussions • Income-tax Act, 1961 – Rules of Evidence o This chapter discusses the various types of assessments under the Income-tax Act, 1961, such as Summary Assessment, Scrutiny Assessment, Best Judgment Assessment, and Faceless Assessment. It examines the powers conferred upon Income-tax Authorities to collect evidence and the circumstances under which Assessing Officers can accept or reject claims made by assessee § FAQ.19 – FAQ.44 – It provides an extensive analysis of how evidence plays a critical role in the assessment process, including the manner and mode of service and communication of notices to the assessee. The chapter also addresses the evidentiary value of third-party statements and the judicial requirement of notice or summons service § FAQ.45 – FAQ.90 – It further discusses the nuances of evidence in income tax assessments, covering a wide range of topics from the justification of sham documents in assessment proceedings to the scope of protective income-tax assessments under the Act. This segment explores the legal basis for adjustments, the right of cross-examination, and the implications of various assessment methodologies • Income-tax Act, 1961 – Law of Evidence – Re-assessment Proceedings o This chapter focuses on the nuanced legal frameworks and judicial interpretations relevant to re-assessment under the Income-tax Act, 1961, especially in light of the amendments effective April 1, 2021. It details principles of natural justice and procedural requirements for a valid re-assessment § FAQ.91 – FAQ.125 – It analyses the validity of re-assessment notices, the authority of Assessing Officers in the re-assessment process, and the judicial and procedural safeguards, including the assessment of fresh materials and the role of judicial notices in re-assessment scenarios § FAQ.126 – FAQ.129 – It concludes the re-assessment discussion by addressing the judicial precedents set for re-assessment under the Income-tax Act, focusing on the limits of the Assessing Officer's powers and the legal requirements for a valid re-assessment. It includes topics on the interpretation of limitation periods and the effects of court findings on re-assessment procedures • Income-tax Act, 1961 – Law of Evidence – Search, Seizure and Survey Proceedings o This chapter examines the procedures and legal precedents governing search, seizure, and survey under the Income-tax Act. This chapter also elaborates on the evidentiary values assigned to documents, electronic records, and statements collected during these operations § FAQ.130 – FAQ.152 – It analyses the admissibility and reliance on evidence gathered from search and seizure operations, including the impact of admissions made during searches, the legal status of documents seized, and the procedures following search actions for assessing undisclosed income § FAQ.153 – FAQ.155 – It concludes the discussion on search and seizure by examining the evidentiary value of statements made post-search actions, the legal standing of such statements in court, and the assessability of surrendered income post-retraction of a statement made under duress or mistake • Income-tax Act, 1961 – Law of Evidence – Appellate Proceedings o This chapter discusses the appellate mechanisms within the Income-tax framework, detailing the powers available to appellate authorities in accepting and evaluating new evidence and the procedural norms for a fair appellate review § FAQ.156 – FAQ.192 – It reviews the application of additional evidence in appeals, the criteria for admitting fresh evidence, and the procedural expectations from the appellants at various appellate levels, including the strategic use of evidence in influencing appellate decisions § FAQ.193 – FAQ.196 – It concludes the appellate discussion by delving into the powers of the Income-tax Appellate Tribunal, including the admission of new evidence, the tribunal's duty to inquire independently, and the scope of directions it can issue while deciding appeals. It explores the legal remedies available against procedural errors and the recalibration of appellate decisions based on new facts or evidence • Income-tax Act, 1961 – Law of Evidence – International Transaction, Transfer Pricing and General Anti-Avoidance Rules (GAAR) o This chapter covers evidence considerations in international tax disputes, transfer pricing adjustments, and the application of GAAR, outlining the types of evidence pivotal in these contexts and their interpretative challenges § FAQ.197 – FAQ.240 – It provides a detailed discussion on the evidentiary requirements for supporting transfer pricing methodologies, the role of tax residency certificates in treaty benefits, and the evidential implications of GAAR in structuring international transactions • Rule of Evidence in Indirect Tax Proceedings (Central Goods and Services Tax Act, 2017) o This chapter analyses the evidentiary aspects under the GST framework, addressing the documentary and procedural requisites for registration, claims, and compliance, as well as the powers of the GST appellate tribunal concerning evidence § FAQ.241 – FAQ.292 – It examines issues such as the acceptability of electronic records, the implications of non-compliance with summons, and the procedural norms for the submission and adjudication of evidence in GST proceedings § FAQ.293 – FAQ.303 – It discusses advanced topics in GST-related evidence, including using digital records in proceedings, the admissibility of electronic records, and the legal consequences of destroying or secreting documents. This segment also covers procedural questions related to the electronic submission of documents and the automatic acceptance of digital records by authorities • Customs Act, 1962 – Law of Evidence o This chapter investigates the evidence law as it applies to the Customs Act, including the admissibility of statements under duress, the role of digital records, and the judicial review of evidentiary decisions made by customs authorities § FAQ.304 – FAQ.323 – It focuses on the principles governing the collection and use of evidence in customs proceedings, the challenges in proving the illicit nature of goods, and the legal thresholds for the admissibility of electronic evidence in customs violations • Law of Evidence – Benami Transactions (Prohibition) Act o This chapter explores the evidential challenges and legal interpretations associated with benami transactions, particularly the determination of true ownership and the applicability of procedural laws in benami property disputes § FAQ.324 – FAQ.354 – It discusses the statutory definitions of benami transactions, the evidentiary burdens placed on parties, and the role of evidence in adjudicating disputes under the Benami Transactions Prohibition Act • Law of Evidence – Prevention of Money-Laundering Act, 2002 o This chapter discusses the unique evidence issues in money laundering cases under the PMLA, including the treatment of confessions, the admissibility of illegally obtained evidence, and the presumptions about the burden of proof § FAQ.355 – FAQ.366 – It analyses the procedural nuances and evidentiary standards required to establish money laundering under the PMLA, including the implications of the act's overriding effect over other legal provisions • Information Technology Act, 2000 – Law of Evidence o This chapter reviews the interplay between the IT Act and tax law, focusing on the admissibility of electronic records, the legal requirements for electronic signatures, and the challenges associated with digital evidence in tax proceedings § FAQ.367 – FAQ.383 – It covers the critical aspects of electronic evidence under the IT Act, including the standards for certifying digital records, the admissibility of communications • Bharatiya Nyaya Sanhita, 2023 – Law of Evidence o This chapter examines the newly instituted Bharatiya Nyaya Sanhita, 2023, highlighting its impact on the adjudication processes, particularly in abetment, criminal conspiracy, and the furnishing of false information. It discusses the definitions, implications, and evidentiary requirements set forth by the new legal framework § FAQ.384 – FAQ.405 – It analyses the detailed legal questions regarding abetment, the nuances of criminal conspiracy, the legal responsibilities surrounding false information, and the procedural implications for evidentiary submissions under the Bharatiya Nyaya Sanhita. • Bharatiya Sakshya Adhiniyam, 2023 – Income-tax Act, 1961 o This chapter discusses the implications of the Bharatiya Sakshya Adhiniyam, 2023, for evidence handling within the Income-Tax Act. It addresses how this new evidence act interfaces with tax law, focusing on admissibility, evidentiary burdens, and judicial practices. § FAQ.406 – FAQ.426 – It thoroughly examines court procedures, evidentiary criteria, and legal presumptions under the Bharatiya Sakshya Adhiniyam as applied to tax law. This includes discussions on the admission of electronic evidence, the roles of public servants, and the importance of expert opinions in tax litigation § FAQ.427 – Q.448 – It closes the discussion on the Bharatiya Sakshya Adhiniyam's application to tax law by focusing on the practical aspects of evidence handling in court. This includes the distinction between primary and secondary evidence, the relevance of public and private documents, and the legal implications of electronic evidence. It addresses the burden of proof, the doctrine of estoppel, and the protection afforded to communications between a lawyer and their client • Indian Limitation Act, 1963 – Law of Evidence o This chapter focuses on the interaction between the Indian Limitation Act, 1963, and tax law, particularly how time limitations can influence the admissibility and effectiveness of evidence in tax proceedings. It covers the acknowledgement of debts, the effects of financial statements as acknowledgements, and the legal precedents that govern these relationships § FAQ.449 – FAQ.458 – It investigates various scenarios under the Limitation Act that affect the tax law, such as the impact of an acknowledgement in writing on the limitation period and whether electronic communications can constitute an acknowledgement. This chapter also discusses the consequences of late filings and the legal nuances of appeals related to limitation issues • Cross-Examination – Law of Evidence - Do's and Don'ts During Cross-Examination o This chapter provides a comprehensive guide on the proper procedures and strategic considerations for cross-examination within tax litigation. It outlines best practices, potential pitfalls, and the critical importance of cross-examination in establishing the credibility of evidence § FAQ.459 – Q.472 – It offers a thorough overview of examination techniques, the legal value of confessions made during searches, and the implications of denying an opportunity for cross-examination. It also discusses the procedural rights and responsibilities that govern the presence of witnesses and the admissibility of their statements in tax disputes
