All posts tagged: tds

SC dismisses plea alleging absence of mechanism to make people aware of TDS obligation| India News

SC dismisses plea alleging absence of mechanism to make people aware of TDS obligation| India News

New Delhi, The Supreme Court on Wednesday dismissed a petition that had alleged the absence of a mechanism to make people aware of their obligation about the tax deducted at source while purchasing property valued at more than ₹50 lakh. SC dismisses plea alleging absence of mechanism to make people aware of TDS obligation A bench of Justices Vikram Nath and Sandeep Mehta refused to entertain the plea that had claimed that honest purchasers acting in good faith were later exposed to penalty and interest, despite having no intention to default. “Dismissed,” the bench ordered. The petitioner, who appeared in the court in person, told the bench that the plea relates to the issue concerning the enforcement of a provision of the Income Tax Act in property transactions exceeding ₹50 lakh. “Under the present framework, the entire TDS obligation or liability is placed solely on the buyer on the implicit assumption that every property purchaser, regardless of the background and expertise, possesses a working knowledge of the income-tax law,” the petitioner said. He claimed that …

Supreme Court rejects PIL calling TDS system ‘forced labour’ | Latest News India

Supreme Court rejects PIL calling TDS system ‘forced labour’ | Latest News India

The Supreme Court on Friday rejected the assertion that the system of collecting Tax Deducted at Source (TDS) constitutes “forced labour”, as it declined to entertain a public interest litigation (PIL) challenging the constitutionality of the TDS framework. A view of the Supreme Court of India. (Hindustan Times) A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and justice Sanjay Kumar dismissed the PIL under Article 32, stating that the petitioner could raise his grievances before the Delhi high court. “You may have some points somewhere in the petition, but it is not properly drafted. You revise your petition and go to the Delhi high court first,” the bench advised advocate Ashwini Upadhyay, who had alleged that the current TDS framework violates several constitutional provisions, while imposing an undue burden on taxpayers without any remuneration for their efforts as tax collectors. Rejecting the argument that TDS collection amounts to forced labour, the bench remarked: “TDS is collected worldwide, and no remuneration is paid by governments for such collection… The provisions have been upheld as …

CoinDCX Report Claims Lower TDS on Crypto Could Improve Compliance, Tax Transparency

CoinDCX has released a report that attempts to highlight issues with India’s crypto tax policies, while seeking reforms from the government in order to improve compliance and tax transparency in the country. The FIU-registered crypto exchange is the latest of many firms that have attempted to appeal to the government to reduce the taxes on cryptocurrencies in the country — including the one percent tax deducted at source (TDS) for crypto transactions, and 30 percent tax levied on incomes generated by crypto activities. In its report titled ‘Redesigning TDS for Transparency and Compliance’, the Indian crypto firm claims that the one percent TDS on all crypto transactions was initially envisioned as a transparency and compliance tool but its application is not aligned with the nature of digital asset markets, spelling losses for the industry players and participators. “A large body of modern economic literature suggests that the marginal tax rate is inversely correlated with reported income and positively correlated with evasion, as observed with the imposition of one percent TDS on VDAs in India,” the …