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Wednesday, 3 December 2025

The Code on Wages, 2019 — A Comprehensive Overview and Its Modern-Day Relevance

India’s wage-related laws historically evolved in a fragmented manner. Different statutes governed wages, bonus, and remuneration — each with its own definitions, applicability rules, thresholds, and compliance requirements. This patchwork approach created inconsistencies across industries and regions, resulting in confusion for employers and limited protection for workers.

The Code on Wages, 2019 was introduced to solve this problem. It consolidates four major wage-related laws into a single, uniform framework:

·       Payment of Wages Act, 1936

·       Minimum Wages Act, 1948

·       Payment of Bonus Act, 1965

·       Equal Remuneration Act, 1976

By merging these laws and redefining key concepts such as “wages,” minimum wage rules, bonus eligibility, and non-discrimination principles, the Code aims to bring clarity, consistency, and fairness to wage regulations across India.

With the implementation of the new labour codes from 21 November 2025, the Code on Wages is now one of the central statutes governing wage and bonus practices in the country.

In essence, the Code is designed to simplify compliance, enhance worker protection, and ensure uniformity across sectors and states.

Core Provisions of the Code and Their Practical Impact

1. Universal Minimum Wage & Introduction of a National Floor Wage

Earlier, minimum wages applied only to “scheduled employments.” The Code expands this coverage significantly:

Every employee, across both organised and unorganised sectors, now has a statutory right to a minimum wage.

A National Floor Wage serves as the baseline. No state can set its minimum wage below this benchmark.

States may still fix higher minimum wages based on:

·       Skill level

·       Regional cost of living

·       Nature of work

·       Hazardous conditions

Impact

 This ensures wage protection even for workers who were previously excluded — such as daily wagers, informal workers, household helpers, and those in micro-enterprises.

It reduces exploitation and ensures a more equitable wage structure nationwide.

 2. Standardised Definition of “Wages”

Prior to the Code, different definitions across different laws caused ambiguity.

The Code introduces one uniform definition of wages, where:

Included in Wages:

·       Basic Pay

·       Dearness Allowance

·       Retaining Allowance

Excluded:

·       Statutory bonuses

·       HRA, conveyance, and other allowances

·       Employer PF/ESI contributions

·       Overtime payments

·       Commissions

50% Rule

If exclusions exceed 50% of total remuneration, the excess must be added back to wages.

Impact

Prevents artificial salary structuring to reduce statutory obligations.

Ensures fairer PF, bonus, and gratuity calculations.

Introduces transparency and uniformity across industries.

3. Timely Payment of Wages & Mandatory Wage Slips

The Code standardises modes and timelines for wage payments:

Wages may be paid via bank transfer, cheque, cash, or electronic method.

Employers must fix a wage period — daily, weekly, fortnightly, or monthly.

Final settlement (on termination/resignation) must occur within two working days.

Wage slips (digital or physical) are mandatory.

Impact

Workers gain transparency and documented proof of wages, useful for loans, housing, dispute resolution, and social-security benefits.

It also helps reduce wage delays, a common issue in informal employment.

 

4. Overtime Pay & Bonus Entitlement

The Code continues bonus provisions while ensuring uniformity:

Employees earning within the notified wage ceiling are eligible.

A minimum of 8.33% bonus per year, up to a statutory limit of 20%.

Overtime must be compensated at twice the normal wage rate.

Impact

This strengthens financial protection for workers and ensures fair compensation for additional work hours.

5. Equal Remuneration & Non-Discrimination

The Code prohibits discrimination in:

Wages,

Recruitment,

Working conditions,

on the basis of gender, including transgender persons.

Impact

Universalizes gender-equity principles across all establishments and industries.

Reduces wage discrimination and brings legal clarity for modern and diverse workplaces.

Broader Significance of the Code

For Workers

·       Assured minimum wages

·       Protection through wage slips and timely payments

·       Clear bonus eligibility

·       Transparent pay structures

·       Gender-equitable wages

For Employers

·       Single consolidated law instead of multiple overlapping statutes

·       Standard definitions, fewer ambiguities

·       Reduced documentation and compliance burden

·       Greater predictability in managing payroll and labour costs

For the Economy

·       Formalisation of the workforce

·       Reduced wage disparity

·       Stable income levels → improved consumption

·       Better employer–employee relationships

The government also views the Code as a critical step in modernising India's labour system to meet global and technological changes — including gig work, remote jobs, and flexible employment.

Challenges & Real-World Considerations

Despite its advantages, effectiveness depends heavily on:

1. State-Level Implementation

·       Minimum wages will still vary across states based on local conditions.

·       Ensuring coordination between the national floor wage and state wages is essential.

2. Enforcement for Informal Workers

·       Daily wagers, domestic workers, and migrant labourers may still face challenges in ensuring:

·       Wage slips

·       Overtime payments

·       Bonus eligibility

·       Effective monitoring and grievance-redress mechanisms are crucial.

3. Awareness & Education

Workers must know:

Their right to a minimum wage

The meaning of wage slips

Overtime and bonus entitlements

Similarly, small employers may need guidance on wage-setting and payroll restructuring.

4. Impact on Employer Cost Structures

Since “wages” now have a stricter 50% rule, employers who previously used allowance-heavy salary structures will need to redesign payroll — potentially increasing basic wage outflows.

Why the Code on Wages Matters in 2025

As India transitions into a more dynamic labour market — featuring gig work, start-ups, flexible roles, and widespread migration — the Code provides:

·       A stable legal foundation

·       Uniform wage practices

·       Increased worker protection

·       Simplified employer compliance

·       It strengthens transparency, promotes equitable growth, and helps create a modern and fair labour environment.

Key Takeaways

For Workers

·       Minimum wage protection is now universal.

·       Wage slips and timely payments are legal rights.

·       Bonus and overtime rules apply across sectors.

For Employers

·       Review wage structures to comply with the 50% wage rule.

·       Issue mandatory wage slips.

·       Ensure minimum wages and payment timelines are followed.

·       For Policymakers & Civil Society

·      Implementation, awareness, and enforcement will determine the Code’s real impact.

·       Regular revision of minimum/floor wages is key for inflation-adjusted incomes.

For Families & Society

Regular and fair wages improve financial stability and household income security, especially for informal workers.

Conclusion

The Code on Wages, 2019 marks a major milestone in India’s labour-law reforms. By unifying wage laws, redefining wages, expanding protections, and ensuring transparency, it offers a modern framework that benefits both workers and employers.

As implementation gains momentum in 2025 and beyond, the Code’s success will depend on:

·       Effective awareness

·       Compliance by employers

·       Strong enforcement by authorities

With these elements in place, the Code has the potential to significantly enhance wage fairness, promote economic inclusivity, and support India’s evolving labour ecosystem.

Tuesday, 2 December 2025

Compliances by Small Companies Under the Companies Act, 2013

 

Key compliance requirements, exemptions, and procedures.

1. Understanding Small Companies

A Small Company is defined under Section 2(85) of the Companies Act, 2013 based on thresholds of paid-up capital not exceeding ₹4 crore and turnover not exceeding ₹40 crore. Exclusions apply to public companies, holding/subsidiary companies, Section 8 companies, and companies under special Acts.

2. Incorporation and Commencement of Business

Small companies follow the standard incorporation process using SPICe+ forms. Required steps include name reservation, registered office verification, first Board Meeting within 30 days, and filing of Form INC-20A declaring receipt of subscription money.

3. Key Exemptions Available to Small Companies

Major benefits include exemption from cash flow statements, abridged annual return (MGT-7A), simplified Board’s Report, exemption from CARO 2020, relaxed auditor appointment limits, and reduced internal audit applicability.

4. Mandatory Registers and Records

Small companies must maintain statutory registers including Register of Members, Register of Charges, Significant Beneficial Owners, and other prescribed registers at the registered office.

5. Share Capital and Securities Compliance

Compliances include issuing share certificates within statutory timelines, adherence to rules for bonus/right issues, prohibition on discounted share issuance (except sweat equity), and redemption norms for preference shares.

6. Meetings and Resolutions

Includes requirements for Board Meetings, AGMs, notice periods, quorum, special business explanatory statements, and filing of resolutions in Form MGT-14 wherever applicable.

7. Financial Statements and Annual Filings

Small companies file financial statements via AOC-4 and annual returns via MGT-7A. Cash flow statements are exempt. First auditor and subsequent auditors must be appointed as per statutory timelines.

8. Other Important Compliances

Includes deposit rules, charge registration, dividend declaration and transfer to unpaid dividend account, and obligations related to beneficial ownership filings.

9. MSME Udyam Registration

Small companies may register under Udyam for MSME benefits based on investment and turnover criteria. Classification includes Micro, Small, and Medium categories.

Corporate Social Responsibility (CSR) in India: Evolving Beyond Compliance

 

A Professional Insight

Introduction

Corporate Social Responsibility (CSR) has become a cornerstone of India's corporate governance framework. With Section 135 of the Companies Act, 2013, India became the first country to mandate CSR spending for eligible companies. Over time, CSR practices have evolved from philanthropic giving to structured, measurable and strategic interventions aligned with national priorities.

Legal Framework

CSR applies to companies meeting any of these criteria:
• Net worth of ₹500 crore or more
• Turnover of ₹1,000 crore or more
• Net profit of ₹5 crore or more

Such companies must spend at least 2% of the average net profits of the previous three years on CSR activities specified under Schedule VII of the Act.

CSR Accounting – Key Principles

Key principles include:
• CSR expenditure must be charged to the Statement of Profit and Loss.
• Unspent amounts for ongoing projects must be transferred to a designated account within 30 days.
• Unspent amounts for other projects must be transferred to a Schedule VII fund within 6 months.
• Excess CSR spending can be carried forward for 3 years.
• CSR done in kind must be valued at cost.
• Surplus arising from CSR cannot be treated as business income.
• Detailed disclosures must be made in the financial statements and Board’s Report.

Why CSR Matters

CSR is no longer just a compliance requirement. It helps businesses strengthen brand value, build community trust, foster employee engagement, support sustainable development, and contribute to India's national priorities including skill development, healthcare, environmental conservation, and digital empowerment.

Conclusion

India's CSR framework has transformed corporate participation in nation-building. With clear regulatory guidance and enhanced accountability, companies can integrate CSR into long-term strategy, ensuring meaningful and measurable impact on society.

Tuesday, 24 June 2025

Different Types of Notices and Their Time Limit Under Income Tax, 1961

Notices are generally issued under section 142(1), 142(1), 143(2), 148, 139(9) and 156 of the Income Tax Act,1961.

Section 142(1) - Inquiry Before Assessment

Notice under Section 142 is issued, to gather information from the taxpayer such as Books of accounts or documents, Other information in written form as required by the assessing officer.

This information might include statements of assets and liabilities, which are already part of accounts.

If the asseessee has not filed Income Tax Returns, this notice can be issued, requiring the assessee to file the returns within the specified time limit.

Therefore, it can be issued irrespective of whether the assessee has filed the income tax returns or not.

If the Assessing Officer is satisfied that the information submitted by the assessee is valid and complete, he may choose to discontinue the assessment proceedings at that stage.

The assessee should provide the information as requested by the assessing officer even if he opines that the information is irrelevant for the assessment procedures.

Time Limit of Issue of Notice u/s 142(1)

·       Time limit for notice under the following two situations are explained below

·       Notices issued for the production of books of accounts or information

·       Notices issued in case the return on income not filed

·       For Notices Issued for the Production of Books of Accounts or Information

The time limit is 3 years before the financial year.

E.g. If the notice is issued on 24-05-2025, it was issued in the previous year, 2024-25. The notice pertaining to the production of accounts should be pertaining to the year 2021-22 and not any earlier previous year.

For Notices Issued in Case the Return on Income not Filed

There is no explicitly mentioned time limit for the issue of notice u/s 142(1) in case the return on income is not filed.

Note:

The time limit for completing the assessment for section 143 is 12 months from the completion of the relevant assessment year.

So, it can be inferred that the notices should also be issued within the time limits for completion of the assessment.

Time Limit for Response to Notice

The assessee is required to file the return or necessary information within the time limit prescribed in the notice.

Section 143(1) - Intimation on Summary Assessment

What is Summary Assessment?

Simply speaking, summary assessment is the processing of the return.

Intimation on Summary Assessment

Under the act, it is not mentioned as ‘notice’ but as ‘intimation’. This notice is issued when the assessee has already filed the return on income. If the assessing officer finds certain inconsistencies, as mentioned below, he sends an intimation to the assessee. 

·       Any arithmetical error in the return;

·       Any claim which is incorrect on the face of it,

·       Losses of previous financial years for which the return is filed beyond the due date as per section 139(1)

·       Any expense disallowed in the Tax Audit Report and not disallowed in the income tax computation.

·       If any deduction is claimed under Chapter VI-A or section 10AA for the financial year in which the return is filed beyond the due date mentioned in section 139(1).

·       Usually, these inconsistencies are not found out of deep scrutiny; they are obvious inconsistencies that appear apparently.

·       The intimation can be issued if the return is filed under section 139(1) or 142(1).

Time Limit for Notice u/s 143(1)

Notice under section 143(1) cannot be sent by the assessing officer after 9 months from the end of the financial year in which the return is filed.

For example, the return of income is filed for FY 2024-25. End of the financial year is 31-03-2025. 9 months from the end of financial year is 31-12-2015. It is the last date for issuing intimation u/s 143(1) in this case.

Time Limit for Response to Notice

The assessee is supposed to file a response to the intimation received within 30 days of the date the intimation is issued.

If the Assessee files the Response Within 30 Days

His responses will be considered for the computation of income by the assessing officer. The assessing office would verify the correctness and validity of responses received before giving effect to the inconsistencies noted.

If the Assessee files no Response Within 30 Days

The assessing officer will proceed, giving effect to the inconsistencies noted. It might also result in penal consequences under section 271 or prosecution proceedings under section 276D, which might also result in imprisonment.

Section 143(2) - Notice on Scrutiny Assessment

What is Scrutiny Assessment?

This notice is issued when the assessee has not provided any information or when the assessing officer is not satisfied with the information provided by the assessee.

This notice might ask you the profit of tax deductions, and exemptions claimed and further information about the profits computed, enabling the officer to conduct a further detailed enquiry.

This is called scrutiny assessment.

Notice under Scrutiny Assessment

The assessing officer might require the assessee to furnish evidence to perform a scrutiny assessment. In this case, he issues a notice under section 143(2).

Time Limit for the Issue of Notice u/s 143(2)

3 months from the end of the relevant financial year on which the return on income is furnished.

For example, the Return was furnished on 19/02/2025. The financial year ends on 31 March 2025, so the notice needs to be issued by 30 June 2025.

Time Limit for Response to Notice

The response should be submitted by the assessee within the time limit specified in the notice.

Consequence of Non-Compliance of Time Limit

Penal consequences under section 271.

The assessing officer would proceed to assess the income himself, based on whatever information is available. He would demand tax from the assessee as per his calculation, without providing any opportunity for the assessee to explain. This is called the Best Judgement Assessment u/s 144.

Note: Anyway, we can make a requisition under section 119(2) to the CBDT to relax the time limit. The assessing officer can relax the time limit at his discretion.

Section 148 - Notice on Income Escaping Assessment

What is Income Escaping Assessment?

The assessee would not have furnished certain income in the returns and it would have been missed out by the assessing office on his regular assessment. In this case, the assessing officer has the power to re-assess the income of the assessee in the particular financial year.

It could also be that the assessing officer has not conducted any assessment on the return under question, and the time limit for normal assessment under section 143 has elapsed. In these situations, he has the power to re-open the return under question and conduct assessment.

This is the concept of income escaping assessment.

Notice on Income Escaping Assessment

A Show Cause Notice is issued to the assessee, allowing him to explain himself under section 148A. If the assessing officer is still unsatisfied, a notice under section 148 is issued.

It is to be noted that notice for income escaping assessment can be issued only when the assessing officer has information indicating that the income has escaped the assessment.

Notice under this section cannot be issued for cases that are already under an appeal.

Illustration: Notice u/s 148 is issued on 15th January 2025. The end of Jan is 31st Jan. 3 months from 31st Jan - 30th April 2025. Return to be within 30th April 2025.

 

Time Limit for Issue of Notice Under Section 148

Particulars

Upto 31st August 2024

After 31st August, 2024

Normal Cases

3 years from the end of the Relevant Assessment Year

3 years and 3 months from the end of the Relevant Assessment Year

 

Example: For income of Rs.30,00,000 escaped in FY 2020-21, Relevant Assessment Year is Rs.2021-22. Since this is before 31st August 2024, the time limit is 31st March, 2025

 

Specified Cases

10 years from the end of the Relevant Assessment Year.             

5 years and 3 months from the end of the Relevant Assessment Year

 

Example: For income of ₹60,00,000 escaped in FY 2020-21, Relevant Assessment Year is 2021-22. Since this is before 31 August 2024, the time limit is 31 March 2032.             

Example: For income of ₹60,00,000 escaped in FY 2024-25, the Relevant Assessment Year is 2025-26. Since this is after 31 August 2024, the time limit is 31 March 2031.

Normal Cases: If the income escaped assessment is less than ₹. 50 Lakhs as per the information available with the Assessing Officer

Specified Cases: If the income escaped assessment is ₹. 50 Lakhs or more as per the information available with the Assessing Officer.

Time Limit for Response to Notice

In the notice under section 148, the assessing officer requires the assessee to file a return of income within 3 months from the end of the month the notice is issued.

Consequence of Non-Compliance of Time Limit

Best Judgment Assessment u/s 144.

However, the assessee can make a requisition under section 119(2) to the CBDT for a relaxation of the time limit. The assessing officer can relax the time limit at his discretion.

Section 156 - Demand Notice

At the end of the assessment by the assessing officer, an assessment order is passed, determining the amount of tax, interest, and penalty payable by the assessee. Wherever it is found that an amount is recoverable from the assessee as tax, interest, and penalty, the assessing order must be sent along with a demand notice.

Time Limit for Response to Notice

The assessee should pay the demand notice within 30 days of the notice. In exceptional cases, the assessing officer, with the prior approval of the Joint Commissioner, can reduce or extend the period or allow payment by instalment.

If the assessment order is not accompanied by a demand notice, the assessee does not need to pay tax, interest, or penalty.

Consequence of Non-Compliance of Time Limit

Interest at 1% per month or part thereof if the payment is not made within 30 days.

Penalty as imposed by the assessing officer.

Section 139(9) - Defective Notice

After the assessee files the return of income, when the assessing officer finds the return filed defective, he sends an intimation to the assessee. Therefore, the assessee is provided with an opportunity to rectify the defect.

Time Limit for Response to Notice

In normal cases, the assessee should file a response to the intimation within 15 days of the issue of notice.

However, the assessee can request the assessing officer to relax the time limit, and the assessing officer has the discretion to do so.

Consequence of Non-Compliance of Time Limit

If the assessee does not file a response within the specified time limit, the return that was filed will be treated as invalid. It will be considered as if the assessee has not filed a return at all.

 

Thursday, 10 April 2025

New ITR-B Form Introduced for Block Assessments Post Income Tax Search

 In a significant move aimed at streamlining post-search tax disclosures, the Income Tax Department has introduced a new return form – ITR-B. This form is to be used by individuals or entities who wish to disclose undisclosed income unearthed during income tax search or requisition operations conducted on or after September 1, 2024.

As per a recent notification from the Central Board of Direct Taxes (CBDT), the ITR-B form is required to be filed under clause (a) of sub-section (1) of section 158BC of the Income Tax Act. It is specifically linked to searches initiated under section 132 or requisitions made under section 132A on or after the mentioned date. The form must be duly verified as prescribed by the authorities.

According to tax experts, Form ITR-B aims to resolve several procedural ambiguities that existed around block assessments. Unlike conventional ITR forms that require extensive disclosures, ITR-B focuses on limited and specific data relevant to the block assessment period. This targeted approach reduces the compliance burden on taxpayers while ensuring accurate and transparent reporting.

This development marks a step forward in promoting efficiency and clarity in the tax system, especially for those undergoing post-search assessment proceedings.

Saturday, 29 March 2025

Important Changes in Income tax effective from 1st April, 2025

 

Changes in TDS Rates and Limits, effective from 1st April 2025 - Comparative Chart:

Category

Previous TDS Rate/Limit

New TDS Rate/Limit

Remarks

Pre-mature withdrawals from EPF (192A)

₹50,000

₹1,00,000

TDS exemption limit raised from ₹50,000 to ₹1,00,000

 

Interest on Deposits

(194A)

₹40,000         (general citizens)

₹50,000           (senior citizens)

₹50,000         (general citizens)

₹1,00,000        (senior citizens)

TDS exemption limit increased for general citizens. Banks will deduct TDS if annual interest exceeds ₹50,000 and for senior citizens if annual interest exceeds ₹1,00,000.

Rent Payments (194I)

₹2,40,000               per year

₹6,00,000                per year

TDS exemption limit raised, reducing tax deductions at source for rent payments.

Insurance Commission (194D)

 

₹15,000

₹20,000

TDS threshold for insurance commission increased, providing relief to insurance agents.

Professional fees and technical services (194J)

₹30,000

₹50,000

Raised exemption limit, reducing tax deduction on work of professionals, freelances and others.

Dividend Income (194)

₹5,000

₹10,000

TDS exemption limit for dividends raised, benefiting investors in equities and mutual funds.

Lottery Winnings and Horse Race Bets (194B&194BB)

Aggregate annual winnings exceeding ₹10,000

Single transaction exceeding ₹10,000

TDS now deducted only when a single transaction exceeds ₹10,000, simplifying the process.

Higher TDS for non-filers (206AB &206CCA)

Twice the rate applicable or 5% whichever is higher

Omitted

No TDS at higher rate applicable

Remittances Abroad (LRS)

TCS of 20%       (other purposes) TCS of 5%               (education and medical)                    on amounts over ₹7,00,000 per year

 

Overseas tour package:

Up to ₹7 lakh TCS @ 5%

Above ₹7 lakh TCS @ 20%

TCS of 20%               (other purpose)                   TCS of 5% (education and medical purposes) on amounts over ₹10,00,000 per year.

 

Overseas tour package:

Up to ₹10 lakh TCS @ 5%

Above ₹10 lakh TCS @  20%

Increase in Tax Collected at Source (TCS) rate for foreign remittances under the Liberalized Remittance Scheme (LRS).

 

 

Important changes under Income Tax Act in the case of Partnership firms and LLPs, effective from 1st April, 2025

Particular

Up to 01.04.2025

From 01.04.2025 onwards

Tax rate

Both were taxed at a flat rate of 30%.

If income exceeded Rs. 1 Crore then there was a surcharge of 12%.

Still flat rate is same as previous periods i.e. at 30%.

If income exceeded Rs. 1 Crore, surcharge rate has been increased to 15%.

 

Deductible remuneration to working partner

For first ₹3,00,000 of book profit:

Higher of ₹1,50,000 or 90% of book profit

 

On remainder of book profit:

 60% of book profit  

For first ₹ 6,00,000 of book profit:

Higher of ₹.3,00,000 or 90% of book profit

 

On remainder of book profit:

 60% of book profit

TDS

No TDS was required to be deducted on remuneration of partners.

New Section 194T has implemented TDS to be deducted @10% on partner’s remuneration if payment exceeds Rs. 20,000 in a financial year.

Disclosure Requirements have been increased

Only Standard financial disclosures were sufficient

Firms are  now required to furnish detailed partner-wise income, capital contributions, Related party transactions, Asset Liability Details, Contingent Liabilities, Guarantees and Commitments and Investment Details.

 

Changes in tax slabs, rebates and  provisions for updated returns

Income (A.Y. 2026-27)

Tax rate       (A.Y. 2026-27)

Income (A.Y. 2025-26)

Tax rate           (A.Y. 2025-26)

Up to ₹4,00,000

0%

Up to ₹3,00,000

0%

₹4,00,001-₹8,00,000

5%

₹3,00,001-₹7,00,000

5%

₹8.00.001-₹12.00.000

10%

₹7,00,001-₹10,00,000

10%

₹12,00,001-₹16,00,000

15%

₹10,00,001-₹12,00,000

15%

₹16,00,001-₹20,00,000

20%

₹12,00,001-₹15,00,000

20%

₹20,00,001-₹24,00,000

25%

Above ₹15,00,000

30%

Above ₹24,00,000

30%

 

 


  • By availing the rebate under section 87A, a person earning income up to ₹12 Lakhs, shall have to pay NIL tax.
  • Standard deduction for salaried employee is now of ₹75,000 (previously it was  ₹50,000).
  • Relaxation of deemed let out property rule, allowing up to two properties to be declared as self occupies.
  • Taxpayers can file updated return u/s 139(8A) within 48 months from the end of relevant assessment year (previously it was within 24 months from the end of relevant assessment year year)