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The Real Estate (Regulation and Development) Act, 2016 (RERA): Protecting the Rights of Property Buyers in India and How to Avoid Legal Pitfalls When Buying or Selling Property

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The Real Estate (Regulation and Development) Act, 2016 (RERA) is a landmark legislation that was enacted to protect the interests of property buyers and to promote transparency and accountability in the real estate sector in India. RERA has a number of provisions that benefit property buyers, including: ·        Compulsory registration of all real estate projects with the Real Estate Regulatory Authority (RERA) ·        Disclosure of all relevant information about the project, such as the project plan, timeline, and budget ·        Protection of buyers' deposits by requiring developers to deposit 70% of the funds received from buyers into a separate escrow account ·        Establishment of a grievance redressal mechanism for speedy resolution of disputes between buyers and developers However, even with RERA in place, there are still some legal pitfalls that...

Taxable event in Goods and Services tax

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In the context of the Goods and Services Tax (GST), a taxable event refers to any transaction that is subject to GST. When a taxable event occurs, GST is levied on the supply of goods or services at the appropriate rate. Under GST, the following events are considered taxable events: Supply of Goods and Services: Any supply of goods or services that is made for consideration is considered a taxable event under GST. Import of Goods and Services: Any goods or services that are imported into India are considered taxable events under GST. Transfer of Business Assets: Any transfer of business assets, either as a going concern or otherwise, is considered a taxable event under GST. Provision of Services by a Person Located in a Non-taxable Territory to a Person Located in India: Any provision of services by a person located in non-taxable territory to a person located in India is considered a taxable event under GST. Supply of Goods or Services to SEZ: Any supply of goods or services to a Spec...

Payment of tax, interest and penalty and other documents under Goods and Services Tax

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Under GST, taxpayers are required to file various documents and pay taxes, interest, and penalties as applicable. Here are the key details: Tax Payment: GST payment can be made online through the GST portal or by visiting a bank authorized to collect GST. The payment can be made using various modes like NEFT/RTGS, debit/credit card, or through a bank challan. Interest Payment: Interest is charged on the amount of tax paid late. It is calculated at a rate of 18% per annum on the outstanding tax amount. Interest is to be paid along with the tax amount. Penalty Payment: Penalties are levied for various reasons like late filing of returns, incorrect filing of returns, failure to register under GST, etc. The penalty amount can vary from Rs. 10,000 to 25,000 depending on the nature of the default. GST Return Filing: GST returns need to be filed monthly, quarterly, or annually depending on the category of the taxpayer. The returns can be filed online through the GST portal. Other Documents: I...

Residential status of a Firm and Company

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In the context of taxation, the residential status of a firm or company refers to the place where it is deemed to be "resident" for tax purposes. This can have significant implications for the tax liabilities of the firm or company. The residential status of a firm or company is determined by a number of factors, including the location of its registered office, the place where its central management and control are exercised, and the place where its business is carried out. In general, a firm or company is considered to be a resident of a country if it is incorporated under the laws of that country, or if it has its central management and control located in that country. The tax laws of each country may have their own specific rules for determining the residential status of firms and companies. A firm or company that is considered to be a resident of a particular country may be subject to tax on its worldwide income in that country, regardless of where the income is earned. O...

Partially taxable Allowances

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Partially taxable allowances are those allowances that are partially subject to taxation by the government. These allowances are usually provided by employers to their employees to help them meet certain expenses related to their work, such as travel expenses, meal expenses, and housing expenses. The amount of tax payable on these allowances depends on the specific nature of the allowance, the amount of the allowance, and the tax laws of the country or jurisdiction in which the allowance is being paid. In some cases , the entire amount of the allowance may be taxable, while in other cases only a portion of the allowance may be taxable. For example, in some countries, a portion of a meal allowance may be taxable if it exceeds a certain amount per day. Similarly, in some countries, a portion of a housing allowance may be taxable if it exceeds a certain percentage of the employee's salary.   It is important for both employers and employees to understand the tax implications of partial...

TAX PLANNING, TAX EVASION AND TAX AVOIDANCE

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Tax planning, tax evasion, and tax avoidance are all related to the way individuals or businesses manage their taxes. However, there are important differences between these three concepts. Tax planning: Tax planning is the process of arranging one's financial affairs in a way that maximizes tax efficiency and minimizes tax liability within the boundaries of the law. Tax planning is a legal activity, and it involves taking advantage of tax deductions, credits, and exemptions to reduce the amount of taxes owed. Tax planning is considered a responsible and ethical way of managing one's taxes. Tax evasion: Tax evasion is the illegal practice of not reporting or underreporting income, assets, or other financial information to tax authorities in order to avoid paying taxes owed. Tax evasion is a criminal offense, and it carries severe penalties, including fines, imprisonment, and seizure of assets. Examples of tax evasion include not reporting income from illegal activities or hiding...