1. Introduction
The phrases “tax avoidance”, “tax planning”, “tax evasion”, and "substance over form" have been interchangeably used to defend suitable positions since the past immemorial. Quite akin to the adage, beauty lies in the eyes of the beholder. This dispute which continues today will indeed remain an issue for the future as well.
Tax Evasion
To put this article in perspective, tax evasion in my view is clearly illegal as it consists of wilful violation or circumvention of the tax laws to minimize tax liability. The taxpayer breaches the relevant law knowing very well that his conduct is contumacious and is in actual knowledge of this proposed wrongdoing. This could happen when an assessee deliberately fails to report an item in the income-tax return or knowingly claims a deduction to which he is indeed aware that he is not entitled to or consciously omits to supply information even where there lies a devout duty to furnish. It could also apply to a situation where an assessee fails to clarify an issue, which the tax department requires him to do so. In these cases, there is an element of wilfulness, dishonesty or contemptuous conduct, or even absence of honest belief. In essence, if a taxpayer cannot display that he had an honest belief that he was not liable to tax or liable to lower tax, then prima-facie would fall within the realm of tax evasion. This doctrine was well-expounded by the Hon’ble Delhi High Court in the case of Shiv Raj Gupta [2015] 372 ITR 337.
Tax Planning
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
Bhutan: The Enchanting Jewel Of The Himalayas
Majestic snow-capped mountains, picturesque valleys, verdant forests, centuries-old Buddhist shrines and monasteries, fluttering prayer flags, a serene way of life and folks boasting the best happiness index in the world...this Land of the Thunder Dragon has much more to entice those with wanderlust.
Bail - Emerging Trends In The Context Of Money Laundering Laws
The Hon'ble Supreme Court in case of Manish Sisodia Vs Directorate of Enforcement 2024 SCC Online 1920 has upheld certain key propositions that where a trial has not merely been delayed but has not even commenced after a long period of incarceration, the same would be violative of Article 21 of the Constitution of India.
Toyota, Maruti Suzuki Boost Hybrid Vehicle Sales in Uttar Pradesh Amid Tax Waivers, Spark Industry Debate
Toyota and Maruti Suzuki are ramping up marketing efforts for hybrid vehicles in Uttar Pradesh, leveraging new state tax waivers that offer buyers savings of up to $15,800 on luxury models like the Toyota Vellfire.
Supreme Court Rejects AAP Government's Plea to Expand NRI Quota in Punjab Medical Colleges
The Supreme Court rejected the AAP-led Punjab government's plea challenging the High Court's ruling against expanding the ‘NRI quota’ to include distant relatives for medical and dental college admissions.
USA's Delaware Supreme Court Confirms Byju's Default on $1.2-Billion Loan Amidst Ongoing Insolvency Proceedings
The Delaware Supreme Court has upheld a ruling that edtech firm Byju's defaulted on a $1.2 billion Term Loan B (TLB), validating claims made by US-based lenders.
India Approves Rs 3,300 Cr Semiconductor Packaging Plant in Gujarat, to Boost Chip Production
The Union Cabinet has approved a Rs 3,300 crore proposal from electronics manufacturer Kaynes to establish a semiconductor packaging plant in Sanand, Gujarat.
Thar Roxx: Your Perfect Off-Road Companion
To say that Mahindra knows the Indian customer really well, will be an understatement. Their biggest hits have come in various forms over the years, from the XUV500 to the XUV700 and the Scorpio N in recent times.
Exfoliate Your Way to Flawless Skin
Imagine waking up to smooth, glowing skin every day—skin that feels soft to the touch and looks naturally radiant without the need for heavy makeup or filters.
The Stinking Rose: Flavourful and Full of Health
Garlic, the humble bulb with a pungent aroma and a rich history dating back thousands of years, has earned a reputation not only in culinary delights but also as a powerhouse of health benefits.
Never give up!
In the earlier stage of your life, it was someone else who might have been gravely instrumental in shaping your viewpoints. Hence, it is supremely important to re-evaluate what you believe in, when you become an adult.
