The Lok Sabha and the Rajya Sabha published the finance bill with some significant amendments you should know. These amendments are crucial for every citizen of India, where you can understand the schemes that might provide you multiple benefits. The Indian Government offers various services to their citizens by opening some pathways for familiar people.

The people can understand how they can use their money to spend their livelihood. Let’s get into the deep to understand the amendments from the Government of India for their citizens.

Definition of “Liable to Tax” U/S 2 (29A) Amendment

The amendment on the definition for a person “liable to tax” says that the person will be liable to pay the tax if the person holds the liability of income tax under that country’s law. The latest budget of 2021 stated that the person must have the liability of tax under the law of the country. A person can also be liable to tax if he is subsequently exempted from the liability under that country’s law.

The Lok Sabha and the Rajya Sabha mentioned these two amendments as the significant amendments in the definition of “liable to tax.”

Clarifications on Equalization Levy

The Government has changed the definition of the term “consideration received or receivable from e-Commerce supply.” The amendment is concerning the sale of goods which are:

  • The owner must be a resident of India.
  • By the PE of India of an NR, there is an association of such goods with the PE.

Also, the Government has amended the term to exclude the services for provision, and they must be

  • The person must be an Indian who is providing the services.
  • The PE must associate with such services, then the PE of an NR can get the “consideration received or receivable for the supply chain.

Capital Gains on the transfer of the assets upon dissolution of the partner firm Section 45(4)

The person will come under the taxation rule if the receipt of money or a capital accumulation is there from a unique article. The funds will be taxable as the capital gain, and the person must pay it in the particular entity.

The capital gain must have a fair market value, and the money received must be reduced by the balance. The asset’s entry must be in the book of the specified entity, and the person must have to show the time of its reconstitution. There must be no negative capital on the person’s name, and if there is any, it must be taken to zero.

HUF is also not Eligible for a Presumptive Taxation Scheme Under Section 44 ADA. 

Lok Sabha has put some restrictions on the scope of section 44 ADA, which means the HUF will not be eligible for presumptive taxation that comes under section 33 ADA.

Only a resident, whether individual or partnership firm, will be eligible under the income’s computation. Only the LLP, HUF, Company, AOP, BOI will not be eligible to claim the section 44 ADA.

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