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Taxchopal Latest Questions

CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: March 30, 2022In: Corporate Laws

Whether the CSR Expenditure incurred by Foreign Holding Company eligible to be taken as CSR expenditure by its Indian Subsidiary Company ?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on April 9, 2025 at 10:15 am

    Under Section 135 of the Companies Act, 2013 and the prescribed Schedule VII, an eligible Indian company must incur its own CSR expenditure on activities specified therein. The CSR obligation is applicable exclusively to companies incorporated in India based on their own financial metrics and resourRead more

    Under Section 135 of the Companies Act, 2013 and the prescribed Schedule VII, an eligible Indian company must incur its own CSR expenditure on activities specified therein. The CSR obligation is applicable exclusively to companies incorporated in India based on their own financial metrics and resources.

    Thus, even if a foreign holding company— which, as a non‐Indian company, is not subject to the same CSR mandate— incurs expenditure on CSR activities in its jurisdiction, such expenditure cannot be clubbed with or transferred to meet the CSR requirement of its Indian subsidiary.

    In other words, the Indian subsidiary must spend CSR funds from its own resources in accordance with the CSR framework under Section 135 and Schedule VII, and the expenditure incurred by the foreign holding company is not eligible to be taken as CSR expenditure by its Indian subsidiary.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: March 15, 2022In: Accountancy

What is the difference between Ind As and AS?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on April 9, 2025 at 11:03 am

    Below are the key differences between Ind AS and AS: Particulars Ind AS (Indian Accounting Standards) AS (Accounting Standards) Applicability Mandatory for specified companies (as per Companies (Ind AS) Rules) Applicable to other companies not required to follow Ind AS Objective Converged with IFRSRead more

    Below are the key differences between Ind AS and AS:

    Particulars Ind AS (Indian Accounting Standards) AS (Accounting Standards)
    Applicability Mandatory for specified companies (as per Companies (Ind AS) Rules) Applicable to other companies not required to follow Ind AS
    Objective Converged with IFRS – for global financial reporting comparability Designed primarily for Indian reporting needs
    Conceptual Framework Substance over form – economic reality takes precedence Legal form is generally followed
    Fair Value Measurement Emphasis on fair value accounting (Ind AS 113) Primarily based on historical cost
    Presentation of Financials Requires detailed disclosures – e.g., in Ind AS 1 Less detailed disclosures
    Consolidation Mandates consolidation under Ind AS 110 Consolidation not mandatory under AS (except in limited cases)
    Financial Instruments Recognized under Ind AS 32, 109 etc., with complex valuation models No comprehensive guidance under AS
    Use of Other Comprehensive Income (OCI) OCI is presented separately (Ind AS 1) No concept of OCI under AS
    Impact of Changes in Accounting Estimates & Errors More detailed guidance in Ind AS 8 Less extensive under AS 5
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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: March 15, 2022In: Accountancy

How may Ind AS have been issued till date?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on April 9, 2025 at 11:43 am

    As of the latest notifications, a total of 41 Indian Accounting Standards (Ind AS) have been issued. These standards are designed to converge with International Financial Reporting Standards (IFRS) and cover a wide range of topics: Ind AS No. Title of Standard Ind AS 1 Presentation of Financial StatRead more

    As of the latest notifications, a total of 41 Indian Accounting Standards (Ind AS) have been issued. These standards are designed to converge with International Financial Reporting Standards (IFRS) and cover a wide range of topics:

    Ind AS No. Title of Standard
    Ind AS 1 Presentation of Financial Statements
    Ind AS 2 Inventories
    Ind AS 7 Statement of Cash Flows
    Ind AS 8 Accounting Policies, Changes in Accounting Estimates & Errors
    Ind AS 10 Events after the Reporting Period
    Ind AS 12 Income Taxes
    Ind AS 16 Property, Plant and Equipment
    Ind AS 19 Employee Benefits
    Ind AS 20 Accounting for Government Grants and Disclosure
    Ind AS 21 The Effects of Changes in Foreign Exchange Rates
    Ind AS 23 Borrowing Costs
    Ind AS 24 Related Party Disclosures
    Ind AS 27 Separate Financial Statements
    Ind AS 28 Investments in Associates and Joint Ventures
    Ind AS 29 Financial Reporting in Hyperinflationary Economies
    Ind AS 32 Financial Instruments: Presentation
    Ind AS 33 Earnings Per Share
    Ind AS 34 Interim Financial Reporting
    Ind AS 36 Impairment of Assets
    Ind AS 37 Provisions, Contingent Liabilities and Contingent Assets
    Ind AS 38 Intangible Assets
    Ind AS 40 Investment Property
    Ind AS 41 Agriculture
    Ind AS 101 First-time Adoption of Indian Accounting Standards
    Ind AS 102 Share-based Payment
    Ind AS 103 Business Combinations
    Ind AS 104 Insurance Contracts (Transitional Standard – will be replaced by Ind AS 117 once notified)
    Ind AS 105 Non-current Assets Held for Sale and Discontinued Operations
    Ind AS 106 Exploration for and Evaluation of Mineral Resources
    Ind AS 107 Financial Instruments: Disclosures
    Ind AS 108 Operating Segments
    Ind AS 109 Financial Instruments
    Ind AS 110 Consolidated Financial Statements
    Ind AS 111 Joint Arrangements
    Ind AS 112 Disclosure of Interests in Other Entities
    Ind AS 113 Fair Value Measurement
    Ind AS 114 Regulatory Deferral Accounts
    Ind AS 115 Revenue from Contracts with Customers
    Ind AS 116 Leases
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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: March 5, 2022In: GST

What is e Invoicing system in GST, how to generate e-invoice?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on April 9, 2025 at 11:49 am

    1. What Is the e-Invoicing System in GST? e‑Invoicing is a system introduced under the GST regime that requires certain taxpayers to electronically authenticate their B2B invoices through a designated Invoice Registration Portal (IRP) before they are issued. Although the core GST Acts (such as the CRead more

    1. What Is the e-Invoicing System in GST?

    e‑Invoicing is a system introduced under the GST regime that requires certain taxpayers to electronically authenticate their B2B invoices through a designated Invoice Registration Portal (IRP) before they are issued. Although the core GST Acts (such as the CGST Act, 2017) do not explicitly mention “e‑invoicing,” the mechanism is established through subsequent notifications and rules issued by the Government of India. This mechanism is designed to:

    • Enhance invoice standardization and uniformity

    • Ensure real‑time, accurate capture of invoice data on the GST Network (GSTN)

    • Help in seamless integration with GST returns and e‑way bill systems

    • Strengthen tax compliance and curb tax evasion

    Statutory Context:
    Under Section 31 of the CGST Act, 2017, registered taxpayers are required to maintain proper records, including issuing prescribed tax invoices. The e‑invoicing system is a modern evolution of this requirement, ensuring that the data contained in invoices is validated and reported digitally. (While the Act itself does not use the term “e‑invoicing,” its record‑keeping obligations pave the way for the introduction of digital invoice registration by the government through subsequent notifications.)


    2. How to Generate an e‑Invoice?

    The e‑invoicing process involves several steps, which ensure that the invoice is digitally authenticated and assigned a unique identifier. Here’s the process:

    1. Invoice Creation:

      • Generate the Invoice:
        Prepare your B2B invoice using your accounting or billing software. The invoice must contain all the mandatory fields as prescribed (such as GSTIN, invoice number, date, details of goods/services, tax amounts, etc.).

    2. Data Formatting:

      • Convert to JSON:
        Your accounting software must export the invoice data in the JSON format conforming to the e‑invoice schema (commonly referred to as schema INV‑01). This schema defines the structure required for the Invoice Registration Portal (IRP) to understand your invoice data.

    3. Submission to the IRP:

      • Upload the JSON File:
        Log on to the authorized IRP (the list of which is available on the official e‑invoice portal) and upload the JSON file. This can be done via API integration or through the web interface provided by the IRP.

    4. Validation and Generation of IRN:

      • IRP Processing:
        The IRP validates the submitted data against the required schema and, upon successful validation, generates a unique Invoice Reference Number (IRN). It also digitally signs the invoice and generates a QR code.

      • Digital Signature & QR Code:
        The digital signature ensures the authenticity of the invoice, and the QR code serves as a quick method for verification during audits or cash flow processes.

    5. Receipt of e‑Invoice:

      • IRP Returns the e‑Invoice:
        Once validated and signed, the IRP returns the e‑invoice (in a JSON format) back to your system, now containing the IRN and QR code.

    6. Integration and Filing:

      • Share with Buyer & GSTN:
        The digitally signed e‑invoice is provided to your buyer and is automatically transmitted to the GST Network. This facilitates smooth input tax credit claims and becomes part of your GST return filing process.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: February 20, 2022In: Income Tax

What is HUF? Can other than Hindus also form a HUF?

  1. Advocate Dr Amit Dua Explainer
    Added an answer on February 25, 2022 at 5:40 pm

    HUF means Hindu Undivided Family. You can save taxes by creating a family unit and pooling in assets to form a HUF. HUF is taxed separately from its members.   Mainly A Hindu family can come together and form a HUF. And Buddhists, Jains, and Sikhs can also form a HUF. And also HUF has its own PRead more

    HUF means Hindu Undivided Family. You can save taxes by creating a family unit and pooling in assets to form a HUF. HUF is taxed separately from its members.

     

    Mainly

    A Hindu family can come together and form a HUF. And Buddhists, Jains, and Sikhs can also form a HUF.

    And also HUF has its own PAN and files tax returns independent of its members.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: February 20, 2022In: Income Tax

How much TDS is deducted on withdrawal of Cash from Bank

  1. Advocate Dr Amit Dua Explainer
    Added an answer on February 22, 2022 at 7:13 pm
    This answer was edited.

    TDS @ 2% on cash withdrawal u/s 194N of the Act is applicable starting 1st September 2019, or FY 2019-2020. TDS will be deducted at a rate of 2% on cash withdrawals in excess of ₹ 1 crore if the person withdrawing the cash has filed income tax return for any or all three previous AYs. TDS will be deRead more

    TDS @ 2% on cash withdrawal u/s 194N of the Act is applicable starting 1st September 2019, or FY 2019-2020.

    TDS will be deducted at a rate of 2% on cash withdrawals in excess of ₹ 1 crore if the person withdrawing the cash has filed income tax return for any or all three previous AYs.
    TDS will be deducted at 2% on cash withdrawals of more than ₹ 20 lakh and 5% for withdrawals exceeding ₹ 1 crore if the person withdrawing the cash has not filed ITR for any of the preceding three AYs.

     

    Whereas,

    TDS on cash withdrawal u/s 194N will not apply to withdrawals made by the following persons:

    • Central or state government
    • Private or public sector bank
    • Any cooperative bank
    • Post office
    • Business correspondent of any bank
    • White label ATM operator of any bank
    • Central government specified commission agents or traders operating under Agriculture Produce Market Committee (APMC) for making payment to the farmers on account of purchase of agriculture produce
    • Authorized dealers and its franchise agent and sub-agent and Full-Fledged Money Changer (FFMC) licensed by RBI and its franchise agents
    • Any other person notified by the Government in consultation with RBI.

     

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: February 20, 2022In: Income Tax

What is the penalty for accepting cash more that Rs 2 Lakh

  1. Advocate Dr Amit Dua Explainer
    Added an answer on February 22, 2022 at 7:19 pm

    If a person receives any sum in contravention of the provisions of section 269ST, he will be liable to pay a penalty of a sum equal to the amount of such receipt under Section 271DA. However if a person proves that there were good and sufficient reasons for the contravention, no penalty will be impoRead more

    If a person receives any sum in contravention of the provisions of section 269ST, he will be liable to pay a penalty of a sum equal to the amount of such receipt under Section 271DA.

    However if a person proves that there were good and sufficient reasons for the contravention, no penalty will be imposed.

     

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: February 20, 2022In: Income Tax

Can I take cash payment on sale of goods?

  1. Advocate Dr Amit Dua Explainer
    Added an answer on February 22, 2022 at 7:24 pm

    In order to put check on use of cash in high value transactions, the government has put a blanket ban on acceptance of cash beyond 2 lakhs by any person under Section 269ST. It is for each occasion like marriage, birthday party etc. or for each transaction like sale of gold, immovable property, holiRead more

    In order to put check on use of cash in high value transactions, the government has put a blanket ban on acceptance of cash beyond 2 lakhs by any person under Section 269ST. It is for each occasion like marriage, birthday party etc. or for each transaction like sale of gold, immovable property, holiday package, renovation/furnishing of property etc. for which this restriction will apply. It may happen that the payer does not claim tax deduction for it but the restriction on recipient will still apply.

    Unlike business expenditure, here the restriction is all pervasive for the whole transaction as a whole and not necessarily for payment made in a single day. For example, a caterer cannot accept two lakhs or more in aggregate for marriage reception form a single payer, whether on a single day or spread over several days. Law, generally, does not have any restrictions for payment of cash for transaction of purchase/sale of jewellery or immovable property etc. but if the value of a single transaction exceeds two lakhs, then seller is prohibited from accepting any cash beyond two lakhs for such transactions.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: February 20, 2022In: Income Tax

What is security transaction tax?

  1. Advocate Dr Amit Dua Explainer
    Added an answer on February 22, 2022 at 7:28 pm

      STT is a kind of financial transaction tax which is similar to tax collected at source (TCS). STT is a direct tax levied on every purchase and sale of securities that are listed on the recognized stock exchanges in India. STT is governed by Securities Transaction Tax Act (STT Act) and STT ActRead more

     

    STT is a kind of financial transaction tax which is similar to tax collected at source (TCS). STT is a direct tax levied on every purchase and sale of securities that are listed on the recognized stock exchanges in India. STT is governed by Securities Transaction Tax Act (STT Act) and STT Act has specifically listed down various taxable securities transaction i.e., transaction on which STT is leviable.

    Taxable securities include equity, derivatives, unit of equity oriented mutual fund. It also includes unlisted shares sold under an offer for sale to the public included in IPO and where such shares are subsequently listed in stock exchanges. STT is an amount to be paid over and above transaction value and hence, increases transaction value.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: February 18, 2022In: Income Tax

What is tonnage tax?

  1. Advocate Dr Amit Dua Explainer
    Added an answer on February 19, 2022 at 12:18 am

    ​​​​​​TONNAGE TAX​ In case of a company, the income from the business of operating qualifying ships, may, at its option, be computed in accordance with the provisions of Chapter XII-G. Thus, tonnage taxation is a scheme of presumptive taxation wherein notional income arising from operation of shipsRead more

    ​​​​​​TONNAGE TAX​

    • In case of a company, the income from the business of operating qualifying ships, may, at its option, be computed in accordance with the provisions of Chapter XII-G.
    • Thus, tonnage taxation is a scheme of presumptive taxation wherein notional income arising from operation of ships is determined on basis of tonnage of ships.

    Special provisions relating to income of shipping companies

    • Section – 115V : Definitions.
    • Section – 115VA : Computation of profits and gains from the business of operating qualifying ships.
    • Section – 115VB : Operating ships.
    • Section – 115VC : Qualifying company.
    • Section – 115VD : Qualifying ship.
    • Section – 115VE : Manner of computation of income under tonnage tax scheme
    • Section – 115VF : Tonnage income.
    • Section – 115VG : Computation of tonnage income.
    • Section – 115VH : Calculation in case of joint operation, etc.
    • Section – 115V-I : Relevant shipping income.
    • Section – 115VJ : Treatment of common costs.
    • Section – 115VK : Depreciation.
    • Section – 115VL : General exclusion of deduction and set off, etc.
    • Section – 115VM : Exclusion of loss.
    • Section – 115VN : Chargeable gains from transfer of tonnage tax assets.
    • Section – 115V-O : Exclusion from provisions of section 115JB.
    • Section – 115VP : Method and time of opting for tonnage tax scheme.
    • Section – 115VQ : Period for which tonnage tax option to remain in force.
    • Section – 115VR : Renewal of tonnage tax scheme.
    • Section – 115VS : Prohibition to opt for tonnage tax scheme in certain cases.
    • Section – 115VT : Transfer of profits to Tonnage Tax Reserve Account.
    • Section – 115VU : Minimum training requirement for tonnage tax company.
    • Section – 115VV : Limit for charter in of tonnage
    • Section – 115VW : Maintenance and audit of accounts.
    • Section – 115VX : Determination of tonnage.
    • Section – 115VY : Amalgamation.
    • Section – 115VZ : Demerger.
    • Section – 115VZA : Effect of temporarily ceasing to operate qualifying ships.
    • Section – 115VZB : Avoidance of tax.
    • Section – 115VZC : Exclusion from tonnage tax scheme.
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