All posts by TaxAcumen Team

Company Audit – All Provisions here

Are you running Company, either, Private Limited or Limited or OPC? Do you know, irrespective of turnover amount, the Company needs place its Audited Financial statements before the stakeholders in AGM (Except OPC). OPC is exempted from holding AGM/EGM, But Audit is still need to be done and Annual filing of AOC 4 and MGT 7A are mandatory. Statutory Audit must be done, Turnover is not relevant here. Let’s Know more here about.    

One of the most important parts of Indian law that governs how companies’ function, handle their finances, and maintain transparency is the Companies Act of 2013. The audit provisions, which are primarily located in Sections 128 to 138, are among its significant features.

In order to safeguard the interests of creditors, shareholders, and other stakeholders, these regulations are intended to ensure that businesses keep accurate books of accounts and that these accounts are independently reviewed.

1. Section 128 – Books of Accounts

Section 128 requires every company to prepare and maintain proper books of accounts that give a true and fair view of the financial position of the company. These accounts must include records of:

  • All money received and spent.
  • All sales and purchases of goods and services.
  • Assets and liabilities of the company.

The books must be kept at the registered office of the company, although with board approval they can also be kept at another place in India. The law also allows companies to maintain accounts in electronic mode, which is in line with modern business practices.

Importantly, these records must be preserved for at least 8 years, ensuring that there is a proper history available for verification whenever needed.

2. Section 129 – Financial Statements

Section 129 deals with the preparation of financial statements. Every company has to prepare a financial statement at the end of the financial year that presents a true and fair view of the state of affairs of the company.

These statements include:

  • Balance Sheet,
  • Profit and Loss Account,
  • Cash Flow Statement,
  • Statement of Changes in Equity, and
  • Any explanatory notes.

Listed companies are also required to prepare consolidated financial statements for all their subsidiaries, joint ventures, and associates. These financial statements must comply with accounting standards notified by the government.

Small Company and One Person Company (OPC) are exempted to prepare the Cash Flow Statement.

3. Section 130 – Reopening of Accounts

Sometimes, there may be a need to reopen and revise accounts of a company. Section 130 allows this, but only under specific circumstances and with approval from the National Company Law Tribunal (NCLT). Reopening may be permitted if:

  • Accounts were earlier prepared fraudulently, or
  • Accounts are found to be incorrect due to mismanagement or other wrong practices.

This provision ensures that the integrity of financial statements is maintained and any wrongdoing can be corrected.

4. Section 131 – Voluntary Revision of Financial Statements

Apart from reopening, Section 131 allows companies to revise their financial statements or board’s report voluntarily, but only if they discover that the original filing did not comply with applicable laws. This revision requires approval from the Tribunal and can only be done once in a financial year.

5. Section 132 – National Financial Reporting Authority (NFRA)

Section 132 establishes the National Financial Reporting Authority (NFRA), which is an independent regulatory body that oversees auditing and accounting standards in India. NFRA has the power to:

  • Recommend accounting and auditing standards,
  • Monitor compliance,
  • Investigate professional misconduct of auditors, and
  • Impose penalties or debar auditors in case of violations.

The creation of NFRA has strengthened the audit system in India by making it more accountable and transparent.

6. Section 133 – Central Government and Accounting Standards

Section 133 empowers the Central Government to prescribe accounting standards in consultation with NFRA. This ensures uniformity and consistency in financial reporting across companies in India.

7. Section 134 – Approval of Financial Statements

According to Section 134, the Board of Directors is responsible for approving the financial statements before they are signed and submitted to the shareholders. Along with the financial statements, the Board’s Report is also prepared, which provides key information such as:

  • The company’s performance,
  • Details of loans, guarantees, and investments,
  • CSR activities, and
  • Director’s responsibility statement.

This section ensures that directors are held accountable for the financial health of the company.

8. Section 135 – Corporate Social Responsibility (CSR)

Although not directly part of the audit provisions, Section 135 requires certain companies (with a specific net worth, turnover, or profit) to spend at least 2% of their average net profits on CSR activities. The spending and reporting of CSR is also subject to auditing and disclosure norms.

9. Section 136 – Right of Members to Copies

Section 136 gives shareholders the right to receive financial statements and other reports at least 21 days before the annual general meeting. This ensures that members have enough time to review the company’s financial position before making decisions.

10. Section 137 – Filing with Registrar

Once approved, financial statements must be filed with the Registrar of Companies (RoC) within 30 days of the annual general meeting. Failure to comply attracts penalties on both the company and its officers.

11. Section 138 – Internal Audit

Finally, Section 138 makes provisions for internal audit. Certain classes of companies, as prescribed by rules, must appoint an internal auditor (a chartered accountant, cost accountant, or other professional) to check the internal controls and risk management of the company. This adds another layer of accountability and strengthens governance.

Conclusion

India takes corporate responsibility and transparency very seriously, as evidenced by the statutory provisions included in Sections 128–138 of the Companies Act, 2013. These sections address every facet of financial management and auditing, from internal audits to keeping accurate books of accounts. They increase trust among investors in the corporate sector in addition to protecting shareholders’ interests.

Such audit provisions are essential for ensuring that businesses operate responsibly and uphold financial integrity in a developing country like India.

Impact of GST 2.0 on India’s E-Commerce Marketplace

Among the fastest-growing economic sectors in India is e-commerce, which is encouraged by digital payments, inexpensive internet, and a large base of customers that is ready to shop online. With the implementation of GST 2.0 on September 22, 2025, the industry is now set for another significant shift. The indirect tax system is made simpler by this new structure, which also lowers prices for a variety of goods and facilitates vendor compliance. With the holiday season quickly approaching, it presents both opportunities and challenges for platforms like Amazon, Flipkart, and Meesho.

Why GST 2.0 Matters for E-Commerce

Under the earlier GST structure, businesses had to navigate four main tax slabs—5%, 12%, 18%, and 28%—along with additional cesses on certain goods. This often created confusion for both sellers and consumers, as pricing and compliance became complicated. E-commerce platforms that list millions of Stock Keeping Units (SKUs) had to ensure every product was placed under the correct slab. A single mismatch could lead to pricing errors, compliance risks, and disputes with sellers.

GST 2.0 addresses this issue directly by introducing a simpler, three-rate structure:

  • 5% merit rate for essential goods of mass consumption.
  • 18% standard rate for most goods and services.
  • 40% special rate for “sin” goods like tobacco, aerated drinks, and ultra-luxury items.

This change not only makes the tax system more transparent but also ensures easier compliance for sellers across all platforms.

Operational Challenges for Marketplaces

For e-commerce giants, implementing GST 2.0 is not a minor adjustment but a large-scale logistical task. Millions of product listings need to be reassigned to the correct GST slab before the new rules take effect. This requires:

  1. Re-mapping SKUs—ensuring each product’s tax code is aligned with the new structure.
  2. Seller Coordination—marketplaces have been sending detailed advisories to sellers about updating product tax codes in their dashboards.
  3. System Overhaul—platforms must update backend software, payment systems, and invoicing mechanisms to reflect the new rates.

The timing is especially critical, as the rollout comes just before Dussehra and Diwali sales—the busiest shopping period of the year. Mistakes in implementation could cause price mismatches or compliance delays, but a smooth transition could boost consumer confidence and unlock massive sales growth.

Impact on Consumers

One of the most direct benefits of GST 2.0 is the price reduction across nearly 400 product categories. From everyday items like shampoos and packaged food to higher-value products like air conditioners and cars, consumers will experience visible savings.

For buyers, this means:

  • More affordable shopping during festive sales like Amazon’s Great Indian Festival or Flipkart’s Big Billion Days.
  • Greater purchasing power, encouraging higher spending on electronics, home appliances, and fashion.
  • Increased trust in online platforms, as price transparency improves under the simpler tax system.

Analysts predict that the festive season of 2025 could be the biggest yet for e-commerce in India, largely due to the timing of GST 2.0.

Relief for SMEs and Small Sellers

Perhaps the most significant long-term benefit of GST 2.0 is for small and medium enterprises (SMEs), which form the backbone of online marketplaces.

Earlier, sellers faced complex compliance requirements, including the need to match credit notes with specific invoices for sales returns or post-sale discounts. This was especially burdensome in e-commerce, where returns and discounts are frequent.

Under GST 2.0, this requirement has been delinked, making accounting much simpler. Sellers can now manage returns and discounts without endless paperwork. This reduces compliance costs, saves time, and allows smaller businesses to focus on product quality and growth. As a result, more small sellers are expected to join digital platforms, further expanding the online marketplace.

Conclusion

The introduction of GST 2.0 marks a turning point for India’s e-commerce sector, not just a tax reform. The reform offers long-term stability for the industry as well as immediate benefits over the holiday season by reducing product prices, simplifying tax rates, and making it easier for sellers to comply. Although platforms like Amazon, Flipkart, and Meesho have to adjust quickly, the outcome should be a more effective, customer-focused marketplace. In India’s digital economy, GST 2.0 introduced a new era for both customers and sellers.

GST Invoice Management System from October 2025

The Goods and Services Tax (GST) system in India has gone through several reforms since its introduction in July 2017. Each change aims to simplify compliance, improve transparency, and curb revenue leakages. Beginning October 2025, the GST Network (GSTN) has introduced new modifications in the Invoice Management System (IMS). These revisions are designed to bring better clarity to Input Tax Credit (ITC) claims, reduce disputes during audits, and strengthen the foundation for future GST reforms. While the updates increase immediate compliance work for businesses, they also pave the way for smoother tax administration in the long run.

Why These Changes Matter

Invoice-level data is central to GST because it directly affects ITC claims, supplier-buyer reconciliations, and tax audits. Until now, mismatches in reporting often created unnecessary litigation, especially where suppliers and recipients disagreed on invoices or credit notes. The October 2025 changes bring more discipline into invoice reporting, ensuring both sides of a transaction are on the same page.

Key Changes Introduced

1. Pending Records Allowed Only for One Tax Period

From October 2025, taxpayers can keep certain records pending for just one tax period (i.e., one month for monthly filers or one quarter for quarterly filers). These include:

  • Credit Notes (including upward amendments)
  • Downward amendment of credit notes (if the original CN was rejected)
  • B2B invoice amendment (downward) or debit note, if the original invoice was accepted
  • E-commerce invoice amendment (downward) or debit note, if the original invoice was accepted

Earlier, taxpayers had the flexibility to defer such records over multiple return cycles. Now, the reporting is stricter: the tax period is based on when the supplier reports the document in GSTR-1/GSTR-1A, not the invoice or credit note date. This ensures that ITC mismatches get resolved faster, improving reconciliation between suppliers and recipients.

2. Invoice-Level ITC Reversal in GSTR-2B

One of the biggest changes is that ITC reversals must now be mentioned at the invoice level in GSTR-2B. Taxpayers will have to specify:

  • ITC was already availed earlier, and
  • ITC being reversed against that invoice.

Importantly, ITC reversal is not required if the supplier has issued a credit note for which ITC was either never availed or already reversed earlier.

This change is significant because, until now, ITC reversals in GSTR-3B were shown in a consolidated manner, making it difficult to justify them during audits. With invoice-wise detail available, disputes with tax officers will reduce, bringing transparency and certainty to businesses.

3. Communicating Remarks on Invoices to Vendors (Upcoming)

A new feature is expected to be rolled out soon, allowing taxpayers to leave remarks against specific invoices or credit notes directly on the GST portal. These remarks will be visible to both the buyer and the supplier.

This facility is a step towards the original vision of GST in 2017, which aimed at creating seamless communication between taxpayers. In the future, it may even evolve into a supplier rating system, where compliant vendors are ranked higher, thus encouraging better tax practices.

Practical Implications for Businesses

  1. Higher Compliance Cost in the Short Term: Businesses will need to invest more time and resources in invoice-level reporting. Tax teams must closely monitor supplier filings in GSTR-1 to ensure ITC eligibility.
  2. Reduced Litigation in the Long Term: By bringing invoice-wise ITC reversal and restricting pending records, disputes during scrutiny or assessments will reduce. Taxpayers can defend their ITC claims more effectively with documented evidence on the portal.
  3. Stronger Supplier-Buyer Coordination: The upcoming remarks feature will improve coordination between businesses and their vendors. Issues like mismatched invoices or unreported credit notes can be flagged and resolved in real time.
  4. Path Towards Hard Locking of Returns: Experts believe these changes are a precursor to the eventual hard locking of GSTR-3B, where ITC claims will be automatically restricted to invoices uploaded by suppliers. This would make compliance stricter but more accurate.

Conclusion

The October 2025 updates to the GST Invoice Management System are a step in the right direction. While they increase compliance responsibilities for businesses, they also promise a more transparent, dispute-free tax environment. By enforcing invoice-level clarity and enabling better communication between suppliers and buyers, the GST system moves closer to its long-term goal of creating a simplified, technology-driven, and trust-based tax regime.

For businesses, the lesson is clear: invest in better compliance systems now to reap the benefits of reduced litigation and smoother ITC claims in the future.

Impact of GST 2.0 on the Indian Economy

One of India’s most important tax reforms after independence was the Goods and Services Tax (GST), which was implemented in 2017. A single national market was established by replacing a complex system of indirect taxes from the central government and the states with a single tax. GST slowly improved government income, simplified compliance, and encouraged formalization, despite initial adaptation issues.

With the implementation of GST 2.0 in September 2025, India has now moved on to the following stage of tax reform. The goal is to support small businesses, rationalize tax rates, boost economic growth, and make compliance easier. The GST, like any other reform, has affected the Indian economy in both beneficial and challenging ways.

Click here to know https://taxacumen.in/?p=1222 Impact of GST 2.0 on MSMEs

Also, click here https://taxacumen.in/?p=1216 New GST Rates from 22 September 2025

The Positive Impact of GST on the Indian Economy

1. Simplified Tax System

GST replaced multiple levies, such as excise duty, VAT, service tax, and entry taxes, with one unified system. This “one nation, one tax” structure eliminated cascading taxes, reduced disputes between states, and created efficiency in tax collection. GST 2.0 goes further by reducing the number of slabs and focusing on three key bands—5%, 18%, and 40%—while retaining exemptions and nil-rated items for essentials, making the system simpler and clearer.

2. Increased Tax Compliance

Digitalization has been central to GST. Online registration, e-way bills, e-invoicing, and automated returns expanded the tax base significantly. GST collections have generally increased year-on-year, reflecting improved compliance and reduced evasion. GST 2.0 builds on this by introducing AI-assisted monitoring and phased implementation of automated refund systems, ensuring smoother cash flow for businesses and stricter checks against fraud.

3. Boost to Economic Growth

By removing interstate checkpoints and harmonizing taxes, GST reduced logistical costs and improved ease of doing business. Sectors like manufacturing, logistics, and e-commerce have particularly benefited. With GST 2.0, the correction of inverted duty structures and streamlined rates is expected to further encourage domestic production, exports, and supply-chain efficiency, thereby contributing positively to GDP growth.

4. Reduction in Tax Burden

One of GST’s major advantages has been the input tax credit mechanism, which reduces double taxation. This lowered the overall tax burden and prices of many goods and services. Under GST 2.0, labor-intensive sectors such as textiles, leather, toys, and handicrafts are now taxed at lower rates, giving both businesses and consumers relief.

5. Formalisation of the Economy

GST has pushed many small and medium enterprises into the formal economy, increasing transparency and widening the taxpayer base. With GST 2.0, measures like faster auto-approval of registrations and relaxed compliance for micro and small taxpayers aim to encourage even more informal businesses to transition into the formal system.

The Challenging Impact of GST on the Indian Economy

1. Initial Setbacks for Businesses

When GST was first introduced in 2017, small businesses struggled with frequent rule changes and complex filing requirements. This disrupted operations and created reliance on professionals. While GST 2.0 addresses many issues, technological adoption remains a challenge for micro and rural enterprises.

2. Compliance Burden

Although GST simplified the tax code, compliance procedures were initially burdensome for MSMEs. Frequent filing and reconciliations raised costs. GST 2.0 has eased this by reducing return filing frequency for small taxpayers and increasing the exemption limit to ₹2 crore, but many enterprises still face digital compliance challenges, particularly in low-connectivity areas.

3. Uneven Sectoral Impact

GST’s impact has varied by sector. Manufacturing, logistics, and FMCG benefited, while textiles, real estate, and some services faced pressure. Earlier, refund delays caused working-capital stress. GST 2.0 introduces a faster, system-driven refund process, but its effectiveness will depend on proper implementation.

4. Inflationary Pressures

The early years of GST saw short-term inflation as markets adjusted. Under GST 2.0, higher taxes on luxury and sin goods at the 40% slab could indirectly affect related industries and consumer spending. Price transmission of lower rates to consumers also depends on market behavior and enforcement.

5. State Revenue Concerns

When GST was launched, the Centre compensated states for revenue losses for five years. After the compensation period ended, some states experienced fiscal stress. With GST 2.0, rate rationalization and revenue sharing remain sensitive issues, requiring strong coordination between the Centre and states.

Conclusion

Creating a single national market was made possible by the historic implementation of the GST in 2017. Millions of enterprises entered the economic system as a result, and inefficiencies were decreased and compliance was promoted. Notwithstanding obstacles such as initial inflation, industry pressure, and compliance costs, GST established the groundwork for long-term economic expansion.

The introduction of GST 2.0 in September 2025 has marked the start of the second phase of reform, which will simplify rates, make compliance easier, remove anomalies, and take technology into account. Even while there are still challenges, especially for smaller companies and some industries, the overall trend of GST is positive. GST 2.0 might boost exports, India’s economic story, and worldwide competitiveness.

Impact of GST 2.0 on MSMEs

Micro, small, and medium-sized enterprises, or MSMEs, are the backbone of the Indian economy. With more than 5.9 crore registered enterprises and more than 26 crore employees, this sector contributes over 29% of the GDP, 41% of the manufacturing GVA, and more than 46% of India’s exports. The government’s GST 2.0 reform, effective from September 22, 2025, is anticipated to benefit MSMEs since it will simplify compliance, lessen tax issues, and increase liquidity. However, the entire benefits will rely on how smoothly the implementation process goes.

If you want to check New GST Rate w.e.f 22sep2025, click here to know https://taxacumen.in/?p=1216

Revised MSME Classification: Widening the Net

Starting 1 April 2025, the definition of MSMEs has been revised. Investment and turnover limits have been increased significantly, allowing more enterprises to benefit from MSME-related incentives.

  • Micro enterprises: Investment up to ₹2.5 crore, turnover up to ₹10 crore.
  • Small enterprises: Investment up to ₹25 crore, turnover up to ₹100 crore.
  • Medium enterprises: Investment up to ₹125 crore, turnover up to ₹500 crore.

This revised classification ensures that growing enterprises do not lose benefits too quickly. It also provides them with easier access to collateral-free loans, participation in government tenders, tax concessions, and support for research and technology upgrades.

Rationalising the GST Rate Structure

Earlier, GST had multiple slabs—0%, 5%, 12%, 18%, and 28%—with additional cesses on certain goods. This complexity often led to confusion and disputes over classification.

Under GST 2.0, rates have been rationalized as follows:

  • 0% (or nil) rate for many essential goods and services.
  • 5% for many mass-consumption and high-employment sectors like textiles, handicrafts, leather, toys, and FMCG.
  • 18% as the standard slab for most goods and services.
  • 40% as a demerit/sin rate for ultra-luxury and certain sin goods such as tobacco and aerated drinks.

This consolidation reduces classification disputes in many cases and can lower the cost of raw materials or inputs for MSMEs in key sectors, making Indian products more competitive.

Sector-Specific Relief and Consumer Benefits

The reform strategically lowers tax rates in sectors with high employment potential. For instance, textiles, leather, handicrafts, and toys now enjoy a reduced 5% rate, which directly benefits MSME manufacturers and exporters.

For consumers, this translates into lower prices for many essential goods and household products and somewhat more affordable big-ticket purchases such as small automobiles and consumer durables. By increasing affordability, GST 2.0 indirectly supports demand for MSME-manufactured goods, creating a positive feedback loop.

Simplified Compliance for MSMEs

A long-standing concern for MSMEs has been the complex compliance process under GST. GST 2.0 proposes to address this through:

  1. E-invoicing expansion — More MSMEs will be brought under e-invoicing requirements, which should facilitate smoother input tax credit flows and reduce mismatches.
  2. Fewer rate categories — With fewer slabs, there is likely to be reduced classification ambiguity and fewer disputes, lowering dependence on costly tax advisory support.
  3. Annual return exemption — Enterprises with turnover up to ₹2 crore are exempt from certain annual return filing burdens, reducing compliance costs.
  4. Auto-approval of GST registration — From 1 November 2025, eligible “low-risk” applicants are expected to get registration approval in three working days through an automated process.

However, there will be transition costs as businesses adjust to the reclassification of products, update software, train staff, and adapt to new processes.

Addressing Working Capital Challenges

Liquidity has always been a pain point for MSMEs, especially for exporters. Refund delays often locked up crucial working capital. GST 2.0 provides relief through:

  • Refunds arising from inverted duty structure claims will be released provisionally up to 90% on a risk-based basis, with this change becoming operational from 1 November 2025.
  • Correction of inverted duty anomalies—aligning tax rates on raw materials with those on finished goods, particularly benefiting sectors such as textiles and fertilizers.

These steps should help reduce dependence on external borrowing and improve cash flow, though provisional refunds will be subject to system-based risk evaluation.

Long-Term Implications for MSMEs

If implemented efficiently and with adequate safeguards, the combined impact of GST 2.0 could be transformative:

  • Reduced cost burden via more rational input tax treatment.
  • Simpler compliance, freeing MSME time and resources.
  • Better liquidity through faster refunds and fewer anomalies.
  • Greater competitiveness, both domestically and in exports.
  • Greater scope for innovation, as more capital may be freed for R&D.

Yet, the realization of these benefits will depend heavily on smooth execution, consistent government guidance, strong IT infrastructure, and targeted support to the least-digitalized MSMEs.

Conclusion

As India aims to become a $5 trillion economy, MSMEs will remain at the center of its economic objectives. With its simplified framework, technologically advanced procedures, and enhanced refund guidelines, GST 2.0 shows hope for lowering compliance costs and generating benefits for several businesses. However, the benefits are not guaranteed; if the government does not actively monitor and support the implementation, transition issues, unequal adoption, and regulatory disputes could delay results for smaller businesses.

MSMEs can become stronger and more able participants in Indian and international value chains if GST 2.0 is implemented carefully and with reasonable expectations.

New GST Rates from 22 September 2025: What You Should Know?

India is about to see one of its largest overhauls in the Goods & Services Tax (GST) system.

On 22 September 2025, a new simplified structure (“GST 2.0”) comes into effect. For ordinary people, businesses, and even services, this means changes in how much tax you pay on everyday items and luxuries. Here’s what the changes are, why they matter, and how they’ll affect you.

What’s Changing

  • The government has reduced the number of GST slabs. Instead of four main tax rates (5%, 12%, 18%, and 28%), the new structure (two-tier) mainly uses two rates:
  • 5% for essential goods and priority sectors—this is called the “merit/essential” rate.
  • 18% as the standard rate for most goods and services.
  • A higher rate, 40% GST, will now apply to “luxury” or “sin” goods—those considered non-essential and possibly harmful (like tobacco, pan masala, premium alcohol-type products, certain beverages, etc.).
  • Some items will be zero-rated (0% GST) or exempt, especially certain medicines, essential food items, and educational goods. These changes are meant to reduce the cost burden on low-income households.
  • The changes apply broadly: most goods and services will be moved into the new slabs (5%, 18%, 40%) from 22 September. There are a few exceptions: goods like cigarettes, chewing tobacco, gutkha, etc. will continue under the old rates (existing GST + compensation cess).

GST Rate Comparison: Old vs New (Effective 22 Sept 2025)

Sector / ItemsOld Rate (%)New Rate (%)
Daily Essentials (Soaps, Toothpaste, Shampoo, Utensils, Baby Products)12–185
Food Items (Butter, Ghee, Cheese, Namkeens, Indian Breads)125 / Nil
Healthcare & Medicines (33 Life-saving drugs, Thermometers, diagnostic kits, and Medical Devices)12–180–5
Insurance (Life & Health)18Nil
Automobiles (Small Cars, Two-wheelers ≤350 cc, and three-wheelers)2818
Electronics & Appliances (ACs, TVs >32″, Dishwashers, Monitors)2818
Agriculture (Tractors, Farm Machinery, Irrigation, Bio-pesticides)12–185
Education (Pencils, Notebooks, Maps, Charts, Erasers)5–12Nil
Luxury & Sin Goods (Tobacco, Pan Masala*, Aerated Drinks, Luxury Cars, Yachts)2840
Coal & Mining Products518
Paper & Textiles (Apparel > ₹2,500, Quilted Products > ₹2,500)1218

Which Items Get Cheaper, and Which Might Get Costlier?

Goods likely to get cheaper:

  • Daily essentials & FMCG items: things like soaps, shampoo, oral care products, biscuits, packaged foods, etc. Many of them shift from 18% or 12% down to 5%.
  • Medicines, health equipment, and diagnostic kits: many life-saving drugs and essential health products will become cheaper or even zero-rated.
  • Some food & agricultural products, such as certain pre-packaged foods, dried fruits, and items used in agriculture, etc., will have lower tax.

Items that may cost more or stay expensive:

  • Luxury and sin goods, such as cigarettes, gutkha, premium cars, high-end beverages, etc., now come under the 40% slab.
  • Goods that were earlier in the 28% + cess may face an overall higher effective tax (now through the 40% slab). For example, certain beverages, “sin” items, and other nonessentials.

The Reasons Behind This Reform

  1. To simplify the tax structure: fewer slabs mean less confusion for consumers, manufacturers, traders, and tax officials.
  2. To reduce cost of living: by lowering tax on essentials and medicines, the reform seeks to give relief to households, especially lower- and middle-income families.
  3. To boost demand and economic growth: cheaper daily-use items can stimulate consumption; cheaper manufacturing inputs can reduce costs for businesses.

Things to Be Aware Of

  1. Existing stock and labeling: For items already manufactured/in supply chains, there may be rules for updating labels or MRPs to reflect the new GST slabs.
  2. Exceptions: As mentioned, tobacco, cigarettes, gutkha, etc. are exceptions; they retain old rates & cess until certain compensation cess obligations are met.
  3. Services: Many services also fall under the standard rate of 18%. Some services may also become cheaper or remain the same, depending on which slab they are classified in.

Conclusion

The GST reform effective from 22 September 2025 is a turning point in India’s tax system. By cutting rates on essentials and keeping a higher rate for luxury and sin goods, the government aims to balance affordability with revenue. For ordinary households, daily groceries, medicines, and essential products will feel lighter on the pocket. For businesses, the simplified two-slab structure makes compliance easier and more predictable.

While luxury goods and non-essentials may pinch more, the overall shift moves India toward a simpler, fairer, and growth-friendly GST regime. Watching how it plays out in markets and Households will tell us just how successful this reform really is.

BUSINESS TRUST – Concept and Income in the hands of Unit Holders

Business trusts such as Infrastructure Investment Trusts (InvITs) and Real Estate Investment Trusts (REITs) have become popular investment options in India because they allow investors to earn income from infrastructure and real estate projects. These trusts pool funds from investors, invest them in assets, and distribute the income generated to the unit holders. However, taxation of this income is a crucial aspect that every investor should understand.

What is a business trust?

A business trust is a special type of trust registered under SEBI regulations. It works as a pass-through entity, which means that the trust collects income from its investments and distributes it to its unit holders without paying tax at the trust level in most cases. Instead, the tax liability falls on the unit holders, subject to the provisions of the Income Tax Act, 1961.

Business trusts mainly earn income from three sources:

  1. Interest Income – earned from debt investments in Special Purpose Vehicles (SPVs).
  2. Dividend Income – received from SPVs where the trust holds shares.
  3. Rental Income – in the case of REITs, from leasing out real estate properties.

Taxation of Unit Holders

The taxation of unit holders depends on the type of income distributed by the trust. The key provisions under the Income Tax Act (specifically Sections 10(23FC), 10(23FCA), 115UA, and 194LBA) govern this area.

1. Interest Income

  • Interest distributed by the business trust is taxable in the hands of unit holders.
  • For residents, it is taxed at the applicable slab rate.
  • For non-residents, it is taxed at 5% (plus applicable surcharge and cess).

2. Dividend Income

  • A dividend is exempt if the SPV has not opted for the concessional tax regime under Section 115BAA.
  • If the SPV has opted for Section 115BAA, the dividend becomes taxable in the hands of the unit holder.

3. Rental Income (from REITs)

  • Any rental income received from leasing of property is taxable in the hands of the unit holders at their respective slab rates.

4. Capital Gains on Transfer of Units

  • Short-Term Capital Gain (STCG) on listed units (held for less than 36 months) is taxed at 15% under Section 111A.
  • Long-Term Capital Gain (LTCG) on listed units (held for more than 36 months) is taxed at 10% (without indexation) under Section 112A if gains exceed ₹1 lakh.

TDS Provisions

  • Section 194LBA requires the trust to deduct tax at source (TDS) before distributing income:

Interest: 10% for residents, 5% for non-residents.

Dividend: 10% for residents; for non-residents, rates as per DTAA.

Rental Income: 10% for residents; for non-residents, rates as per DTAA.

Why This Taxation System?

The pass-through structure is designed to avoid double taxation and make business trusts an attractive investment vehicle. If both the trust and the unit holders were taxed on the same income, it would reduce returns for investors. Therefore, the law ensures that most of the tax burden shifts to the unit holders.

Conclusion

Understanding the taxation of business trust income is important for investors to plan their taxes effectively. While business trusts provide steady income opportunities, investors should remember that different income streams attract different tax treatments. Staying updated on the latest provisions and judicial rulings is essential for compliance and effective tax planning.

Connect with us +91-9267970588 or taxacumen.consultancy@gmail.com to get professional advice on such income from business trust.

What is Advance Tax ? : A Short Guide

Although it is a necessary duty, paying taxes doesn’t have to be a stressful experience. Instead of paying their income tax all at once, taxpayers can use the Advance Tax system to even out their payments over the duration of the year. In addition to assisting the government in distributing tax revenue throughout the year, this approach guarantees improved cash flow management for both people and businesses.

What are advance tax payments?

Income tax paid in instalments before the duration, based on expected earnings for a particular year, is referred to as advance tax. Taxpayers pay in instalments according to the Income Tax Department’s timetable rather than waiting until March to pay the whole amount due.

This method applies to income from all sources—salary, business or profession, rent, interest, capital gains, or any other taxable earnings.

Who Is Responsible for Paying advance tax?

The following are subject to advance tax:

  • Salaried people who receive additional income from sources such as rent, capital gains, or interest from fixed deposits
  • Business owners and freelancers with a yearly tax liability of at least ₹10,000
  • Professionals having taxable income, such as physicians, attorneys, architects, and consultants

Exemption: Senior citizens who are 60 years of age or older who do not earn money from a business or profession are exempt from paying advance taxes.

Presumptive Taxation

In accordance with Section 44AD for businesses and Section 44ADA for professionals, taxpayers who choose presumptive taxation are required to pay all of their advance taxes in one lump sum by March 15th of the financial year. Additionally, they can pay by March 31st without facing penalties.

Due Dates of Advance Tax Due in FY 2025–2026

Regular taxpayers are required to pay advance tax in four instalments:

Due DateMinimum Tax to be Paid
15th June 202515% of total tax liability
15th September 202545% of total tax liability
15th December 202575% of total tax liability
15th March 2026100% of total tax liability

How Can Advance Tax Be Calculated?

  • Calculate the year’s total income from all sources.
  • Use permitted deductions and exemptions (e.g., Sections 80C, 80D, etc.).
  • Utilising the relevant tax slab, determine your tax liability.
  • Deduct any TDS that has already been taken out.
  • The remaining tax must be paid in installments as advance tax.

These calculations can be made easier with the use of a few internet resources, such as the calculator provided by the Income Tax Department.

How to Pay Advance Tax?

Advance tax can be paid in two ways:

Online: Go to the Income Tax e-filing portal, select Challan ITNS 280, and pay using net banking or debit card.

Offline: Go to an authorised bank and deposit the payment using a challan.

Always keep a copy of the payment receipt for your records.

Why On-Time Payment Is Important

Failure to pay advance tax on time results in interest under Sections 234B and 234C. These sections charge a monthly interest of 1% on the unpaid amount. Timely payments prevent these extra costs and keep your compliance record clean.

Advantages of Making Advance Tax Payments

  • prevents financial stress at the last minute.
  • keeps interest and penalties in check.
  • Simplify the yearly tax submission procedure.
  • encourages improved financial planning.

Conclusion

In addition to being required by law, paying taxes in advance is a wise financial move. You can evenly distribute out your tax liability, avoid fines, and have peace of mind during tax season by paying your taxes in advance. Estimating your revenue and making on-time tax payments is important for maintaining compliance and reducing stress, regardless of whether you are a business owner, freelancer, or salaried individual.

ITR Filing : Who Must File?

For all Indian taxpayers, filing an Income Tax Return (ITR) is an essential duty, not only a legal requirement. Compared to common perception, individuals who make taxable income are not the only ones who must file an ITR. Even if your income is less than the basic exemption threshold, there are a number of circumstances in which filing is required.

What is an Income Tax Return (ITR)?

To report your income, deductions, and taxes paid during a financial year, you must file an income tax return with the Income Tax Department. It guarantees openness, facilitates refund claims, and lets you carry your losses to subsequent years. In addition, filing an ITR provides official verification of income, which is frequently needed for government paperwork, loans, and visa applications.

Who Must File an ITR?

As per the provisions applicable for FY 2024-25, these are the main categories of people who must file an ITR:

1. Income Above Basic Exemption Limit

The most common reason for filing is income exceeding the exemption limit.

New Tax Regime (default): ₹3,00,000 for all taxpayers, regardless of age.

Old Tax Regime (if opted):

  • Below 60 years: ₹2,50,000
  • 60–79 years (Senior Citizens): ₹300,000
  • 80 years and above (Super Senior Citizens): ₹5,00,000

2. Claiming a Refund

If tax has been deducted at source (TDS) and you want to claim a refund, you must file an ITR.

3. Companies, Firms, and LLPs

All companies, firms, and LLPs must file an ITR, even if there is no income or business activity during the year.

4. Residents with Foreign Assets or Income

If you own foreign assets, foreign bank accounts, or earn income abroad, you must file an ITR regardless of your income level.

5. High-Value Transactions (As per Rule under Section 139(1))

Even if your income is below the exemption limit, you must file an ITR if you have:

  • Deposited ₹1 crore or more in current accounts during the year.
  • Deposited more than ₹50 lakh in savings accounts.
  • Spent ₹2 lakh or more on foreign travel.
  • Paid ₹1 lakh or more towards electricity bills.

6. Higher Business or Professional Receipts

You must file an ITR if:

  • Your business turnover exceeds ₹60 lakh, or
  • Your professional receipts exceed ₹10 lakh, or
  • Your TDS/TCS is ₹25,000 or more (₹50,000 for senior citizens).

7. Loss Carry Forward

If you have business or capital losses and want to carry them forward for future adjustment, you must file the return before the due date.

8. NRIs with Indian Income

Non-Resident Indians (NRIs) must file an ITR if they earn income in India exceeding the basic exemption limit.

Note: For NRIs, capital gains (short-term or long-term) from India do not get the basic exemption benefit. So even small gains make filing mandatory.

Why File an ITR Even If Not Mandatory?

  • Faster Loan and Visa Approvals: Banks and embassies require ITR as proof of income.
  • Claiming Refunds: A refund of excess TDS or advance tax is only possible if you file.
  • Official Record: ITR serves as legal proof of income.
  • Carry Forward Losses: Helps in future tax planning and reducing liability.

Penalties for Non-Filing

The due date for ITR filing for FY 2024-25 is September 15, 2025. Missing the deadline can lead to:

  • Penalty under Section 234F:
    • ₹5,000 for late filing
    • ₹1,000 if income is below ₹5 lakh.
  • Interest on unpaid taxes under Sections 234A, 234B, and 234C.
  • Possible prosecution for serious defaults.

Conclusion

Staying in compliance and maintaining financial control are more important for filing an ITR than just avoiding fines. Filing your return is necessary whether you have high-value transactions, overseas assets, exceed the income threshold, or are simply seeking a refund. The Income Tax portal has simplified the e-filing procedure, making it paperless, quicker, and easier.

SHARE TRANSFER in PRIVATE LIMITED

In private companies, a small number of people often own the company, most often family members, close friends, or business partners. Decision-making is made easier by this, but it also makes it more difficult to transfer shares between individuals than in publicly traded corporations. It is governed by the Articles of Association (AoA) of the company and the Companies Act of 2013.

Understanding Share Transfer in Private Companies

A share transfer is essentially a legal process of handing over ownership of shares from one person (the transferor) to another (the transferee). In private companies, there are usually certain restrictions on transferring shares to outsiders.

Most private companies include these restrictions in their AoA. For example:

  • The shareholder intending to sell must first offer the shares to existing members.
  • The board has the power to refuse a transfer under specific circumstances.

The idea is to maintain control over who becomes a part of the company.

Step-by-Step Compliance for Share Transfer

Here’s how the process typically works in a private company in India:

1. Review the Articles of Association

Before starting, check the AoA to understand any conditions or restrictions on share transfers. If the AoA contains preemptive rights, you may need to first offer the shares to existing shareholders.

2. Give Notice of Intention

The shareholder who wishes to transfer shares must give written notice to the company. This notice usually states the number of shares, the proposed price, and the name of the intended buyer. If the buyer is an outsider, the company will offer the shares to existing members first.

3. Offer to Existing Shareholders

The company sends out an offer letter to other members, giving them the option to buy the shares. If no one accepts within the specified period (often 15–30 days), the shares can be transferred to an outsider.

4. Execute the Share Transfer Deed

Once the buyer is confirmed, both parties fill out and sign a share transfer deed in Form SH-4, as per Section 56 of the Companies Act, 2013. This deed should be stamped according to the Indian Stamp Act or the relevant state stamp duty laws.

5. Submit Share Certificate and Deed to Company

The transferor hands over the original share certificates and the completed SH-4 form to the company. These documents must be submitted within 60 days from the date of execution.

6. Board Approval

The company’s board considers the transfer request at its next board meeting. If the transfer meets all requirements, the board passes a resolution approving it. In some cases, if the AoA allows, the board can reject the transfer but must provide a valid reason.

7. Update the Register of Members

Once approved, the company updates its Register of Members with the details of the new shareholder. This is a mandatory step to make the transfer legally effective.

8. Issue a New Share Certificate

Finally, the company issues a fresh share certificate to the new shareholder within one month of receiving the transfer deed.

Key Compliance Points to Remember

  • The SH-4 form must be duly stamped before submission.
  • Both the transferor and transferee must sign the form.
  • Timelines under the Companies Act must be followed to avoid penalties.
  • Private companies can reject transfers if allowed by their AoA, but they must act fairly and within the law.

Why Compliance Matters

Disagreements and even penalties under the Companies Act may result from violating legal requirements. Accurate ownership records are essential for businesses to run smoothly and to prevent issues during fundraising, mergers, and audits.

Ensuring appropriate compliance safeguards shareholders’ rights and prevents ownership issues in the future.

Conclusion

Although transferring shares in a private corporation is not very difficult, it does necessitate strict adherence to rules and deadlines. Always start by going over your company’s articles of association, maintain open lines of communication, and accurately record each step.

It’s an excellent suggestion to speak with a company secretary or legal counsel if you have any questions regarding any legal matters. It guarantees that all parties’ interests are protected and the transfer is performed without any legal issues.

For Legal/Professional Advice

Connect with us – +91-9267970588 or taxacumen.consultancy@gmail.com