Thursday, June 5, 2025

Overcoming Startup Indigestion: 15 Critical Action Cycles for Sustainable Growth

"Rapid growth is a double-edged sword. Without the right internal systems, momentum turns into chaos — and startups fail not because of lack of demand or capital, but due to operational breakdown.”

The Invisible Crisis Behind Startup Failures

Across India’s bustling e-commerce, tech, and direct-to-consumer (D2C) sectors, startups often scale quickly. However, many fall prey to an overlooked internal threat: operational indigestion.

This refers to the overload and fragmentation of processes, technologies, teams, and leadership, which masquerades as “growth” but actually erodes productivity, causes burnout, and drains cash flow.

Common Operational Mistakes & Their Real-World Impact

1. Premature Scaling Without Operational Maturity

Example: Peppertap expanded aggressively without a robust last-mile delivery network, leading to missed deliveries and eventual shutdown.

2. Fragmented Technology Ecosystems

Example: Limeroad struggled with unintegrated inventory and supply chain data, causing stockouts and delayed deliveries.

3. Hiring to Patch Symptoms

Rapid team expansion without defined roles leads to duplication, confusion, and communication breakdown.

4. Misaligned Goals Across Teams

Example: Jet.com saw growth with poor unit economics due to marketing and finance working in silos.

5. Excessive Meetings and Lost Focus

Meeting overload disrupts productivity and drives burnout.

Key Lessons from Startup Failures

StartupSectorCore IssueOutcomeLesson Learned
PeppertapQuick commerceLogistics immaturityShutdown 2019Build strong operations first
LimeroadFashion e-commerceDisconnected tech & supply chainStruggled yearsIntegrate data & processes
Jet.comE-commerce (US)Unsustainable growth costAcquired & closedAlign growth with profitability
DunzoQuick commerceRapid expansion without profitRestructuredFocus on unit economics
ZivameD2C fashionPoor process and role claritySurvival modeStandardize workflows, define roles

15 Essential Action Cycles to Cure Startup Indigestion

  1. Unified Strategic Vision – Align teams behind clear measurable goals.

  2. Streamlined Technology Stack – Simplify and integrate tools for real-time data.

  3. Standardized Processes – Document workflows to scale efficiently.

  4. Data-Driven Decisions – Use actionable KPIs aligned with strategy.

  5. Founder Strategic Focus – Delegate operations, lead vision.

  6. Role Clarity & Empowerment – Clear ownership fuels accountability.

  7. Customer-Centric Development – Prioritize validated feedback.

  8. Efficient Meetings – Purposeful, time-bound discussions.

  9. Financial Discipline – Track unit economics and optimize spend.

  10. Continuous Learning Culture – Retrospect and adapt.

  11. Strategic Hiring – Fill gaps, don’t patch holes.

  12. Transparency & Accountability – Open communication culture.

  13. Risk Management – Proactively identify and mitigate risks.

  14. Balanced Automation – Automate with human oversight.

  15. Customer Retention Focus – Deepen engagement for loyalty.

Implementing the Framework: Practical Steps

  • Conduct an operational health check to identify bottlenecks.

  • Prioritize fixes impacting customer experience and cash flow.

  • Form a cross-functional team for alignment and execution.

  • Develop a roadmap with clear milestones and accountability.

  • Use transparent dashboards to track progress company-wide.

  • Iterate continuously with feedback and learning.

Conclusion: From Chaos to Coherence

Startups are most vulnerable not from external pressures but internal fragmentation. To thrive, they must build an integrated “growth engine” where people, processes, technology, and leadership work in harmony.

The journey from indigestion to sustainable growth demands rigorous diagnosis, disciplined execution, and relentless focus on operational coherence.



Wednesday, June 4, 2025

ITR-1 & ITR-4 Excel Utilities Released for AY 2025–26

The Income Tax Department has officially launched the Excel-based utilities for ITR-1 (Sahaj) and ITR-4 (Sugam) for the Assessment Year 2025–26, formally opening this year’s income tax return filing season. These downloadable tools are designed to facilitate error-free return preparation for individuals and small businesses, especially those not subject to audit.

With the return filing deadline now extended to 15th September 2025, this early release enables taxpayers to get a head start.

Key Highlights at a Glance

UpdateDetails
Forms ReleasedITR-1 and ITR-4 (Excel-based utilities)
Download FromIncome Tax Portal
Extended Due Date15th September 2025 (for non-audit cases)
Security AdvisoryIgnore pop-ups; report phishing via official reporting portal

 ITR-1 (Sahaj): Who Can File

ITR-1 is a simplified return form for resident individuals with straightforward income sources. It can be filed if total income includes:

  • Income from salary or pension

  • Income from one house property

  • Income from other sources (excluding winnings from lottery or racehorses)

  • Total income not exceeding ₹50 lakh

    ITR-1 is not applicable for individuals who:

  • Are directors in a company

  • Hold unlisted equity shares

  • Have agricultural income exceeding ₹5,000

  • Have foreign income or foreign assets

Key Features of ITR-1 Excel Utility (AY 2025–26)

The Excel utility for ITR-1 remains user-friendly, macro-enabled, and structured in a logical, tab-wise format. Here's a quick overview:

SheetPurpose
Income DetailsCaptures general details, income breakup (salary, house property, others), and deductions under Chapter VI-A
TDS ScheduleAuto-populated or editable details from Form 16 / 16A, including deductor PAN and TAN
Taxes PaidSummarizes advance tax, self-assessment tax, TDS/TCS claimed, refund or tax payable
Schedules 80C to 80UIndividual tabs for deductions: LIC, PPF, education loan interest, health insurance, home loan interest, disability deductions, etc.
Summary & VerificationProvides a computation summary and facilitates return verification through Aadhaar OTP, Net Banking, or EVC

How to Use the ITR Excel Utility: Step-by-Step

  1. Download the latest version of the ITR-1 or ITR-4 utility from the official portal.

  2. Enable Macros in Microsoft Excel before entering data.

  3. Fill out all required fields and sheets carefully.

  4. Use the “Validate” buttons to ensure correctness on each sheet.

  5. Click on “Generate JSON” to create the return file.

  6. Login to the Income Tax portal and upload the JSON to file your return.

 Filing Tips to Keep in Mind

  • 🔄 Cross-verify pre-filled data with AIS (Annual Information Statement) and TIS (Taxpayer Information Summary).

  • 📂 Keep essential documents ready: Form 16, bank interest certificates, investment proofs, etc.

  • 🔐 Always use the latest utility version and ensure your Excel settings allow macro execution.

  • 🕑 Avoid last-minute rush — file early to prevent server load delays and errors.

Conclusion

The early release of utilities for ITR-1 and ITR-4, coupled with the extended filing deadline, gives taxpayers ample time for accurate, stress-free compliance. Whether you're a salaried employee, pensioner, or small business owner filing under presumptive taxation, now is the ideal time to get started.

Statutory Compliance Calendar - June,2025

June 2025 is laden with pivotal compliance deadlines spanning various regulatory domains. To ensure seamless adherence and avoid penalties, here's a consolidated date-wise tracker of all major statutory obligations.

Comprehensive Compliance Chart – June 2025

DateAreaComplianceDescription
7 June (Saturday)Income TaxTDS/TCS PaymentDeposit for May 2025
Income TaxForm 27CDeclaration for non-collection of TCS
FEMAECB-2 ReturnReporting of ECB transactions for May 2025
10 June (Tuesday)GSTGSTR-7TDS return under GST for May 2025
GSTGSTR-8TCS return by e-commerce operators for May 2025
State PTProfessional Tax PaymentDue for Madhya Pradesh, Manipur, Meghalaya, Andhra Pradesh, Telangana
11 June (Wednesday)GSTGSTR-1Outward supply return for May 2025 (Monthly filers)
13 June (Friday)GSTGSTR-5Return by non-resident taxable persons
GSTGSTR-6Input Service Distributor return
GSTGSTR-1 IFFOptional IFF filing for QRMP taxpayers
14 June (Saturday)Income TaxTDS CertificatesIssue for April 2025 under Sections 194-IA/IB/IC/M
15 June (Sunday)Income TaxForm 24GFor government deductors (TDS/TCS without challan)
Income TaxForm 16Salary TDS certificate for FY 2024–25
Income TaxForm 16ATDS certificate for non-salary payments (Q4 FY 2024–25)
Income TaxAdvance Tax1st Installment for FY 2025–26
Income TaxForm 3BBStock exchange reporting of client code modifications
Income TaxForm 64DStatement by investment funds
Income TaxForm 64FStatement by securitisation trusts
PF/ESIECR Filing & PaymentPF/ESI payment for May 2025
State PTProfessional Tax PaymentDue for Gujarat
20 June (Friday)GSTGSTR-3BMonthly summary return for May 2025
GSTGSTR-5AReturn by OIDAR service providers
GSTGSTR-1AOptional amendment of GSTR-1
State PTProfessional Tax PaymentDue for Karnataka
21 June (Saturday)State PTProfessional Tax PaymentDue for Tripura and West Bengal
25 June (Wednesday)GSTPMT-06Monthly tax payment under QRMP scheme for May 2025
29 June (Sunday)Income TaxForm 3CEKAnnual report by eligible investment funds (Section 9A)
Income TaxForm 49CDetails of business activities by non-resident companies
30 June (Monday)Income TaxTDS Return (26Q/27Q/27EQ)For May 2025 under Sections 194-IA/IB/M
Income TaxSecurities Transaction ReturnAnnual statement for FY 2024–25
Income TaxForm 64CIncome distributed by AIFs
Income TaxForm 64BIncome distributed by business trusts
Income TaxEqualisation Levy StatementAnnual return for FY 2024–25
Income TaxForm 3AEDetails under Section 35D(2)(d)
Income TaxForm 3AFIncome distributed by securitisation trusts
GSTGSTR-4Annual return for composition taxpayers for FY 2024–25
MCAForm DPT-3Annual return of deposits and exempted transactions
SEBINomination UpdateMandatory for Demat/Trading/MF account holders
DGFTIEC UpdateAnnual IEC verification for FY 2024–25
State PTProfessional Tax PaymentDue for Assam, Maharashtra, and Odisha

Key Recommendations

  • Advance Compliance: Several deadlines fall on weekends; it's advisable to complete filings on the preceding working day.

  • Critical Dates: 15th and 30th June are particularly significant, encompassing multiple compliance areas.

  • State-specific PT: Ensure timely payment of Professional Tax in respective states to avoid penalties.

Closing Note from Sandeep Ahuja & Co.

“Timely compliance is not just a statutory obligation but a cornerstone of sound corporate governance.”


MCA Overhauls ADT Forms from 14 July 2025: A Legal and Compliance Deep-Dive

Notification No. G.S.R. 359(E) | Dated: 4th June 2025 | Effective from: 14th July 2025 Introduction

In a decisive move to strengthen audit governance and transparency, the Ministry of Corporate Affairs (MCA) has notified the Companies (Audit and Auditors) Amendment Rules, 2025, substituting key statutory forms ADT-1 to ADT-4. These changes, effective 14th July 2025, aim to reinforce auditor accountability, streamline regulatory traceability, and prevent procedural misuse.

This article examines the legal basis, interpretive nuances, and operational impact of the revised forms, offering practical guidance to corporates, auditors, and compliance professionals.

 Statutory Basis & Rulemaking Authority

The amended forms derive their authority from the following provisions under the Companies Act, 2013:

FormRelevant SectionRelated Rule
ADT-1Section 139 – Appointment of AuditorsRule 4 of Audit Rules
ADT-2Section 140(1) – Removal of AuditorRule 7
ADT-3Section 140(2) – Auditor’s ResignationRule 8
ADT-4Section 143(12) – Reporting of FraudRule 13

These statutory changes are operationalised via eForm filings on the MCA21 portal under the Companies (Registration Offices and Fees) Rules, 2014.

 Key Amendments and Their Legal Interpretation

ADT-1 – Auditor Appointment: Past Conduct Now Mandatory

Key Change:
Disclosure of:

  • Nature of appointment (first, reappointment, casual vacancy), and

  • Prior audit relationships of the auditor/partner/firm with the company or its group entities.

Interpretation:
This change ensures stricter enforcement of Section 139(2) and Rule 6(3), which prohibit the reappointment of auditors in certain circumstances. By requiring disclosure of prior associations, the MCA aims to curb rotational circumvention through proxy appointments or internal partner shuffling.

Implication:
Company Secretaries must vet historical audit connections at group level, not just the individual entity.

ADT-2 – Removal of Auditor: Proof of Notice Now Compulsory

Key Change:
ADT-2 must now include documentary proof that the auditor was served notice regarding the proposed removal.

Interpretation:
This procedural safeguard enforces audi alteram partem — the right to be heard — under Section 140(1). Removal of auditors without prior notice or proper justification may be summarily rejected by the Central Government.

Implication:
Proof of service (email delivery receipt, postal acknowledgment) becomes a precondition for valid ADT-2 filing.

ADT-3 – Auditor’s Resignation: SRN Linkage Introduced

Key Change:
Auditor must quote the SRN (Service Request Number) of the original ADT-1 form that recorded the appointment.

Interpretation:
This change links resignation directly to the prior appointment, enabling MCA to identify and investigate patterns of early resignations, auditor withdrawal, or client pressure. It creates a digital trail for regulatory scrutiny under Section 140(2).

Implication:
Auditors must maintain records of all SRNs for their filings. CS teams should assist in retrieval where necessary.

ADT-4 – Reporting of Fraud: Specificity Made Mandatory

Key Change:
ADT-4 must now disclose:

  • Official email ID of the company,

  • Exact location of the fraud incident, and

  • Name(s) of officers involved in the fraud.

Interpretation:
This amplifies the responsibility of auditors under Section 143(12) to report frauds with precise details. It supports targeted enforcement under Section 447 (Punishment for Fraud) and strengthens SFIO and ROC investigations.

Implication:
Auditors and internal teams must collaborate to identify office addresses and responsible officers. Vague or generalised reporting will not suffice.

Summary Table: Old vs. New Compliance Requirements

FormEarlier ComplianceRevised Requirement (from 14.07.2025)
ADT-1Appointment details onlyMust include prior audit conduct & nature of appointment
ADT-2Reasons for removalMust also attach proof of notice to auditor
ADT-3Resignation infoMust mention ADT-1 SRN for traceability
ADT-4Fraud descriptionMust include company email, fraud location & officer names

 Compliance Checklist for Corporates and Auditors

StakeholderKey Action Point
Company SecretariesMaintain SRN logs, vet prior audit relationships
Boards & Audit CommitteesEnsure proof-based auditor removals, pass correct resolutions
AuditorsPreserve ADT-1 SRNs, provide precise fraud info, file timely ADT-3 and ADT-4
Internal Audit TeamsIdentify location/officer details in fraud instances

 Strategic Impact

This amendment strengthens India’s audit regime in the following ways:

Audit Accountability: Eliminates ambiguity around appointment and resignation histories.
Procedural Fairness: Auditor’s right to notice now codified in filing prerequisites.
Enforcement Readiness: Specifics in fraud reporting support quicker enforcement and prosecutions.
Governance Trail: Enables MCA to track auditor conduct across group entities.

 Conclusion

The overhaul of the ADT forms marks a substantive policy step by MCA to enhance audit transparency, procedural discipline, and governance compliance. It reinforces India's commitment to investor protection, audit integrity, and fraud detection under the Companies Act, 2013.

Stakeholders must align their processes, checklists, and systems before 14 July 2025 to avoid filing errors, rejection of forms, or regulatory setbacks.

- By Sandeep Ahuja


Key ITR Changes & Filing Guidance for AY 2025–26

"Filing on time is not enough — filing right is now the expectation."

As the Income Tax Department updates its compliance ecosystem, tax professionals and taxpayers must align with the new ITR structures, deduction validations, and automated checks. The changes made for Assessment Year 2025–26 are not just form updates — they reflect a paradigm shift in how data will be verified and used to trigger scrutiny.

Let’s walk through the latest developments, actionable insights, and clear guidance to help you navigate this new compliance terrain.

Extended Filing Deadline – AY 2025–26

The Central Board of Direct Taxes (CBDT) has extended the ITR filing due date to 15th September 2025, providing relief in response to:

  • Major revisions in the ITR utility

  • Increased data requirements

  • Compliance with validation logic for correct form selection

This extra time allows both professionals and taxpayers to adapt and ensure filings are error-free and defensible.

Major Changes in ITR Forms – A Holistic Summary

The Income Tax Return (ITR) forms for AY 2025–26 have introduced substantial additions and validation rules, particularly in:

  • Disclosure of deductions under Chapter VI-A

  • Mapping TDS sections to appropriate ITR forms

  • New compliance areas like MSME payments, CGAS reporting, and political donations

  • Auto-validation of income sources to prevent defective filings

Let’s break down these changes into actionable blocks.

Part A: Deductions Under Chapter VI-A (Old Tax Regime) – Now with Detailed Disclosures

If you opt for the old tax regime, the following deductions now require comprehensive data in the ITR:

SectionDeductionNew Disclosures Required
10(13A)House Rent AllowancePlace of Work, Basic Salary, Rent Paid, Actual HRA Received
80CLife Insurance, ELSS, etc.Policy Number / Document ID
80DHealth InsuranceName of Insurer, Policy Number
80EInterest on Education LoanBank Name, Loan A/c No., Sanction Date, Loan Amount, Balance as on 31st March
80EE / 80EEAInterest on Housing LoanSame as 80E, applicable to first-time homebuyers
80EEBElectric Vehicle Loan InterestAbove details + Vehicle Registration Number
80DDBMedical Treatment for Specified DiseaseName of Disease, supporting Form 10-I issued by specialist

Guidance: Before filing, collect full documentation and confirm that your client’s figures match those in their AIS and Form 26AS.

 Part B: New Validation Rules – Choosing the Correct ITR Form Is Now Mandatory

Many taxpayers erroneously file ITR-1 (Sahaj) while having income from sources that disqualify them from doing so.

To reduce filing errors, the ITR utility now validates TDS sections in Form 26AS and prevents filing of ITR-1 if certain TDS codes are present.

 Income Sources That Now Prohibit Use of ITR-1:

If any of these TDS Sections appear in Schedules TDS2/TDS3 or Form 26AS, ITR-1 is invalid, and the taxpayer must use ITR-2 or higher.

TDS SectionIncome Type
194B, 194BB, 194BAWinnings (lotteries, horse races, online games)
194IA, 194IC, 194LASale/acquisition of immovable property
194SVirtual Digital Assets (e.g., crypto)
194E, 194LB–196DForeign remittances, non-resident interest/dividends
194Q, 194C, 194RBusiness receipts, contractor payments, perquisites

Important: Form 26AS should be reviewed before selecting the ITR form. Filing the wrong ITR will trigger a notice under Section 139(9) for defective return and may delay processing or refunds.

Part C: Structural Changes in ITR-2, ITR-3, and ITR-5

These forms have seen expanded disclosures and are of critical relevance to:

  • Professionals

  • Business entities

  • LLPs and companies

  • Co-operative societies

Notable Additions:

CategoryNew Disclosure
LEI RequirementLegal Entity Identifier mandatory if refund > ₹50 crore
Section 44ABSpecify tax audit due date and audit applicability reason
Presumptive TaxationCash turnover field added in ITR-4
MSME Compliance – Section 43B(h)Report payments to MSMEs beyond 15/45 days or lose deduction
CGAS (Capital Gains)Mandatory to provide Account No., IFSC, and deposit date
Political DonationsDate, Amount, Mode of Payment, and Name of Party under Section 80GGC
Disability-Related DeductionsSection 80U and 80DD: Now require Form 10-IA ID and Unique Disability ID (UDID)
Why it matters: The Income Tax Department is integrating more external data (from banks, insurers, AIS) and expects exact matching. Errors will trigger auto-flagging or audit.

New Section 115BAE: A Game-Changer for Manufacturing Co-operative Societies

This newly inserted section offers concessional tax rates for manufacturing co-operative societies (introduced via Finance Act 2024).

Entities can opt for this section in the ITR form itself, but only if conditions are fully met. The window to opt is limited, and once exercised, is irrevocable.

Tip: Thoroughly review turnover, nature of manufacturing activity, and applicable conditions before selecting this option.

Practical Steps for Income Tax Return Filing

Here's a ready-to-follow checklist for compliance success:

StepPurpose
🔄 Review all applicable ITRsUnderstand new fields, schedules, and eligibility
🧾 Map all deduction proofs earlyDon’t wait until the last minute
📊 Match income sources to Form 26AS & AISPrevent invalid form selection
📌 Review MSME outstanding paymentsDisallowances under 43B(h) can be steep
🛠️ Adjust assignment timelinesFiling season will be heavier due to form complexities
📢 Educate clients proactivelyShare a simple checklist based on updated rules
✅ Use updated ITR utilityIt now performs auto-validation and flags errors

Key Insights: How Compliance Has Evolved

“The return form is now no longer a ‘formality’—it’s an instrument of audit-ready financial truth.”

What was once a routine form is now a fully-validated compliance document, integrating PAN-linked data, GST turnovers, MSME compliance, and deduction accuracy.

Even small errors — like claiming 80D without insurer name — will lead to disallowance or notice generation.

The Income Tax filing landscape for AY 2025–26 is built on data integrity, precise form selection, and structured disclosures. Tax professionals must not only be technically sound but also proactive in educating clients and collecting documentary proof for every deduction claimed.

With the deadline now extended to 15th September 2025, this is the ideal time to:

  • Align your processes

  • Set up internal controls

  • Prevent defects and re-filings



Analysis of Gratuity Fund Management: LIC Group Gratuity Scheme vs. Private Funds vs. Internal Provisioning

Gratuity is a statutory liability under the Payment of Gratuity Act, 1972, and prudent management of this obligation is critical for maintaining business sustainability, financial discipline, and employee trust.

As financial advisors or business leaders, understanding the nuances of various gratuity funding mechanisms is essential to optimize tax benefits, ensure regulatory compliance, and manage long-term liabilities effectively.

1. Overview of Gratuity Fund Management Options

Funding OptionDescription
LIC Group Gratuity SchemeGovernment-backed fund with actuarial valuations and statutory approval, managed by Life Insurance Corporation of India (LIC).
Private Insurer Group FundsSimilar to LIC scheme but managed by private insurance companies offering various features and sometimes better returns.
Internal Provisioning (Unfunded Liability)Business sets aside funds internally on its balance sheet without external fund creation; provision made as per actuarial valuation.
NPS (National Pension Scheme)Primarily a retirement savings scheme, not designed or permitted for gratuity liability funding.

2. Comparative Analysis

CriteriaLIC Group Gratuity SchemePrivate Insurer FundsInternal ProvisioningNPS
Regulatory Approval & OversightFully regulated and approved under Income Tax Act, with actuarial valuation yearlyRegulated but depends on insurer’s credibility and regulatory complianceNo regulatory oversight on fund; accounting provisions onlyNPS regulated but unrelated to gratuity
Tax Deductibility of ContributionsAllowed under Sec 36(1)(v) Income Tax ActAllowed if fund approved by CIT and actuarial valuation doneNot deductible until payout happensNot allowed for gratuity
Tax Exemption on Fund EarningsInterest on fund exempt under Sec 10(25)Usually tax-exempt if structured properlyNo fund, so no income or exemptionN/A
Returns on FundDeclared annually; historically around 7%–8% (e.g., 7.68% FY24-25)May vary; potential for better returns but higher riskNil returns (fund not created)Market-linked returns but unrelated to gratuity
Death Gratuity CoverageIncludes additional death gratuity payable till anticipated retirement ageUsually available depending on insurer termsNo specific coverageN/A
Operational ComplexityModerate; annual actuarial valuation and LIC handles administrationModerate to high; insurer handles fund but requires monitoringLow on administration, but high risk and scrutinyLow
Employee Confidence & TrustHigh due to government backingHigh if insurer reputed, but perception variesLow; employees may doubt adequacy or availabilityNot applicable
Risk of Under-ProvisioningLow, actuarial valuation ensures adequacyLow to moderate, depends on valuation and monitoringHigh; risk of inadequate funds and cash flow crunchN/A
Cash Flow ManagementContributions spread over years, easing cash outflowSimilar to LIC, with flexibilityLarge lump sum payout required at exit or retirementN/A
Audit & ComplianceStrong compliance through actuarial certification and fund auditRequires compliance, sometimes more complexChallenging; auditors often flag for insufficient provisioningN/A

3. Practical Implications for Business

LIC Group Gratuity Scheme

  • Best suited for: Small and medium enterprises (SMEs) and businesses that prefer a reliable, low-risk fund manager with government backing.

  • Advantages: Predictability, trust, tax benefits, and professional management. Death gratuity benefit provides an added employee safeguard.

  • Considerations: Interest rates are declared annually; sometimes returns may lag market-based funds.

Private Insurer Group Funds

  • Best suited for: Medium to large corporates seeking flexibility and possibly higher returns, or wanting bundled benefits (e.g., risk riders).

  • Advantages: Potential for higher returns, more plan customization.

  • Considerations: Requires due diligence on insurer stability and compliance; fund performance varies.

Internal Provisioning

  • Best suited for: Companies with tight liquidity or minimal employee base, but not recommended as a sustainable practice.

  • Advantages: Full control over cash flows; no external fund management fees.

  • Disadvantages: No tax deduction on contributions; funds earn no returns; risk of underfunding; higher audit risks.

NPS

  • Note: Though a powerful retirement savings scheme, it is not an approved fund for gratuity obligations and cannot be used to meet gratuity liabilities.

4. Taxation & Accounting Impact

  • Contributions to an approved gratuity fund (LIC or private) are deductible as business expenses under Section 36(1)(v) of the Income Tax Act.

  • Interest income on the fund is exempt under Section 10(25), making the fund growth tax-efficient.

  • Gratuity payments to employees are exempt under Section 10(10), up to specified limits.

  • Internal provisions, while recognized as liabilities in accounts, do not attract any tax deduction until actually paid, impacting business cash flows negatively.

  • Proper actuarial valuation (as per AS-15/Ind AS 19) is essential for all funding options to determine the liability accurately.

5. Strategic Recommendations

  • Build a funded gratuity plan to spread out liability and maximize tax efficiency.

  • For SMEs: LIC’s Group Gratuity Scheme is a trusted and straightforward option with government credibility.

  • For larger companies: Explore private insurer group gratuity funds for enhanced flexibility and potential higher returns, with robust monitoring.

  • Avoid reliance on internal provisioning alone due to the risks of underfunding and adverse audit observations.

  • Actuarial valuation is non-negotiable: It ensures adequate provisioning, compliance, and financial prudence.

  • Regular reviews: Monitor the fund’s performance and adequacy annually, adjusting contributions as necessary.



The Right to Be Heard: How Natural Justice Shields Taxpayers in GST

Why ‘Audi Alteram Partem’ is the First Line of Defence Against Arbitrary GST Demands, Penalties, and Cancellations

Introduction: Not a Courtesy—A Constitutional Command

In GST adjudication, natural justice is not optional. The core principle — audi alteram partem (hear the other side) — ensures that taxpayers are not punished before being heard. Rooted in Article 14 of the Constitution and codified in Section 75(4) of the CGST Act, this right extends across GST proceedings – from registration cancellation and ITC denial to tax demands and provisional attachments.

Ignoring this right not only results in procedural illegality but also leads to orders being struck down in appeal or writ proceedings. Here’s how this principle works in practice, and how both taxpayers and officers must implement it.

 Part I: Legal Foundations — Where the Right is Codified

GST ProvisionNature of ProceedingRequirement
Section 75(4)General GST proceedingsHearing is mandatory if adverse decision is proposed or hearing is requested
Section 73 / 74Tax demands (with/without fraud)Detailed SCN + reply opportunity + hearing before final order
Section 76Tax collected but not paidMandatory SCN and hearing
Section 64Summary assessmentHearing post-order to ensure fairness
Rule 142SCN and order formatsUse of DRC-01 and DRC-07 ensures formal service and
ability to reply

Key Takeaway: No demand or cancellation should occur without a properly served SCN and real opportunity to respond.

Part II: Judicial Guidance – Non-Compliance Means Nullity

Landmark Judgments Upholding Natural Justice:

CourtCase LawHeld
SCBinapani Dei, Maneka Gandhi, Oryx FisheriesEven administrative actions with civil consequences require hearing
Gujarat HCRepeatedly held that vague or template SCNs and lack of hearing are void ab initio
Allahabad HCCancellation without personal hearing under Section 75(4) is non-est
Madras & Kerala HCsSet aside orders where evidence wasn’t shared or personal hearing denied

"You cannot pass a ₹10 lakh demand ex parte and expect it to survive writ scrutiny."

Part III: Checklist – What Makes a Hearing ‘Meaningful’ (Not Just Formal)

EssentialsInvalid Scenarios
SCN with clear allegations and annexed evidenceSCN with generic lines like “You are liable under Rule XX”
Time given to reply + share documentsOrder passed within 1-2 days of notice
Personal hearing when requested or if major adverse action is contemplatedNo offer of hearing, or hearing denied without reason
Officer reads, considers, and responds to defenceDecision already pre-decided or order copy matches the SCN word-for-word

 Oryx Fisheries Case:

“A notice which implies prejudgment of guilt is a mockery of natural justice.”

 Part IV: Practical Application – When and How to Assert the Right

(A) For Taxpayers:

  • ALWAYS file a reply even if SCN looks weak – silence can be treated as admission.

  • Request personal hearing in writing.

  • Seek cross-examination where third-party statements form the basis of the demand (e.g. supplier statements).

  • If documents are not shared, record objection and request inspection or copies.

(B) For Officers:

  • Avoid cut-paste SCNs; be specific.

  • Attach inspection reports, statements, or e-way bills if relied upon.

  • Document attempts to serve notice and grant hearing – this helps defend ex parte actions.

  • In urgent matters (like provisional attachment), ensure post-decisional hearing.

 Part V: Where This Right Is Most Relevant in GST

Proceeding TypeWhy Hearing Matters
Registration CancellationImpacts ability to do business – courts are strict
ITC Blocking / DenialFinancial effect is huge – must be backed by evidence and chance to rebut
Tax Demand > ₹5 lakhsHigh courts often ask if natural justice was followed
Suspension or Asset FreezingMust be followed by prompt hearing and written confirmation

 Conclusion: Natural Justice Is the Safety Net in GST

A functioning tax system must balance enforcement with fairness. The right to be heard ensures that taxpayers are protected from arbitrary actions and that officers take informed, defensible decisions.

It’s not just a procedural nicety – it is the heart of lawful GST adjudication. Both taxpayers and officers should view this as a compliance discipline, not a burden.

“A fair hearing may not always change the outcome — but it ensures the outcome can be respected and defended.”