ARTICLE
10 March 2021

Decoding Tax Fine-Print, Finance Bill, 2021 – Clause By Clause Analysis

VA
Vaish Associates Advocates
Contributor
Established in 1971, Vaish Associates, Advocates is one of the best-known full-service law firms in India. Since its inception, it continues to serve a diverse clientele, including domestic and overseas corporations, multinational companies and individuals. Presently, the Firm has its operations in Delhi, Mumbai and Bengaluru.
The Hon'ble Finance Minister presented the Finance Bill 2021 in an unprecedented environment of economic slowdown.
India Tax
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The Hon'ble Finance Minister presented the Finance Bill 2021 in an unprecedented environment of economic slowdown. The Budget focused on measures to boost the economy and as promised by the Hon'ble Finance Minister, it is a "Budget Like Never Before". However, as it is said, the 'Devil lies in the details'. In the Finance Bill, several amendments have been proposed which are path breaking and may have far-reaching consequences. Continuing with the reform of Direct-tax administration of faceless assessment and appeals, we are also going to see a faceless Income-tax Appellate Tribunal. There could be a debate whether the same would be an efficacious justice delivery system. Other structural changes in the tax administration, for e.g., abandoning the Settlement Commission, constitution of a Dispute Resolution Committee and Board of Advance Ruling, have been proposed.

Significant amendments have also been proposed which overrule decisions of the Supreme Court, such as, the retroactive removal of allowance of depreciation on Goodwill, which by definition was considered as a profit earning apparatus and was held to be appreciable asset by the Supreme Court. Similarly, amendment relating to residency rule for non-resident whereby the definition of liable to tax has been introduced, overruling the interpretation given by the Supreme Court in Azadi Bachao Andolan. The Finance Bill also proposes to expand the scope of Equalisation Levy on the non-resident e-commerce supply of goods and provision of services.

These amendments required an in-depth Clause by Clause analysis of the proposals of Finance Bill 2021. Vaish Associates organised a Budget Webinar on 5th February, 2021 which was chaired by Mr. Ajay Vohra, Senior Advocate, the leading legal luminary and one of the most respected jurists, who lead the discussions.

Please find below our presentation analyzing threadbare, the proposals of Finance Bill 2021 and their likely impact.

Click here to view the Presentation

Click Here to view the recording of the Webinar

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The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

ARTICLE
10 March 2021

Decoding Tax Fine-Print, Finance Bill, 2021 – Clause By Clause Analysis

India Tax
Contributor
Established in 1971, Vaish Associates, Advocates is one of the best-known full-service law firms in India. Since its inception, it continues to serve a diverse clientele, including domestic and overseas corporations, multinational companies and individuals. Presently, the Firm has its operations in Delhi, Mumbai and Bengaluru.
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