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Compounding of Offences under the Income-tax Act, 1961 – 2024 Guidelines
Introduction to Compounding of Income-tax OffencesCompounding of offences is a legal process through which an assessee who has committed prosecutable violations under the Income-tax Act, 1961, can pay...
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Comprehensive Guide to Penalty Provisions under the Income Tax Act, 1961
1. Overview of Penalty ProvisionsThe Income Tax Act, 1961, contains a detailed framework of penalties to ensure compliance by assessees. These sanctions are triggered by delays, inaccuracies, failures...
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Tax Exemption on Gifts Received from Relatives: Guidance for Proper ITR Reporting
Overview of Gift Taxation and ExemptionsSection 56(2)(x) of the Income Tax Act, 1961 introduces measures to prevent tax evasion through the receipt of gifts. This provision generally brings to tax any...
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Supreme Court Clarifies ‘Disposal Test’ for Permanent Establishment under India-UAE DTAA: Insights from the Hyatt Case
1. Overview The landmark decision by the Supreme Court of India in Hyatt International Southwest Asia Ltd. v. Additional Director of Income Tax [2025 INSC 891] has provided crucial clarity on the dete...
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Taxability of Hardship Compensation in Redevelopment: Capital Receipt, Not Income
1. Taxability of Hardship Compensation in Redevelopment: Capital Receipt, Not Income(i) Overview and BackgroundIn the context of property redevelopment, members of co-operative housing societies often...
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ITAT Mumbai Sets Aside Reassessment Due to Expiry of Limitation for Section 148 Notice
Background and Case Overview(i) Facts of the Case(a) The Income Tax Appellate Tribunal (ITAT) Mumbai examined the legality of reassessment proceedings for Assessment Years (AYs) 2013-14 and 2014-15.(b...
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Full TDS Credit for Assessee: An Analysis of Tribunal’s Ruling in Eastern Shipping (P.) Ltd. v. Income Tax Officer
Introduction: TDS Complexities and a Landmark Case(i) TDS Mechanism and Practical IssuesTax Deducted at Source (TDS) often leads to confusion and litigation, even among well-versed assessees. A recent...
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Distinction Between TDS and Advance Tax in Imposition of Interest under Section 234B: A Legal and Administrative Analysis with Judicial and CAG Perspectives
OverviewSection 234B of the Income-tax Act, 1961, mandates the payment of interest where there is a default in paying advance tax. A persistent issue has been whether this interest should also be levi...
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Foreign Source Exclusion for Fees for Technical Services: Key Issues and Litigation Trends
1. Overview of Taxation for Non-Residents in Indiai. Scope of Taxable Income for Non-ResidentsUnder Indian tax law, the chargeability of income for residents and non-residents is clearly defined. Non-...
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A Comprehensive Guide to Interest Calculation under the Income Tax Act
Introduction: Purpose and Structure of Interest ProvisionsInterest provisions in the Income Tax Act are designed to address the value of money lost due to delays in tax payments or errors in refunds....
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Section 87A Rebate: Processed ITR and the Unexpected Notices – A Comprehensive Overview
Introduction: Unanticipated Tax SurprisesThe Indian Income Tax landscape is often full of unexpected developments, and recent events have again highlighted the element of surprise faced by assessees....
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Interest Liability under Section 234B on 115BBE Income for Senior Citizens: Legal Analysis and Compliance Checklist
OverviewA recurring issue arises during income tax assessments when unexplained credits or investments, taxable under Section 115BBE, are added to a senior citizen’s income. Assessing Officers commonl...
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Digital Transformation of Income Tax Reporting: The Next Milestone Under HMRC’s Making Tax Digital (MTD) Initiative
Introduction to MTD for Income Tax Self Assessment(i) Overview of the MTD InitiativeMaking Tax Digital (MTD) is an ongoing project by HM Revenue & Customs (HMRC) aimed at modernizing how tax is report...
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Taxation of Salary Income under the Income-tax Act, 2025: Provisions, Deductions, and Exemptions
Overview of Salary Taxation FrameworkThe Income-tax Act, 2025, preserves its established approach for assessing salary income, segregating it into taxable salary and perquisites (as per Sections 15 to...
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How Software Utilities Are Overriding Tax Law: Issues in LTCG Computation under Amended Section 112
IntroductionSection 112 of the Income-tax Act, 1961, underwent a transformative amendment via the Finance (No. 2) Act, 2024, becoming effective from July 23, 2024. The new provisions under Section 112...
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Tax Deduction at Source (TDS) on Salaries under the New Income Tax Act, 2025
Overview of TDS on Salaries as per Section 392The Income Tax Act, 2025, consolidates and largely preserves the provisions previously found in Sections 192 and 192A, now encapsulated under Section 392....
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Tax Rebate under Section 87A: Short-Term Capital Gain Controversy and ITAT Decision
Introduction to Section 87A Tax RebateSection 87A of the Income-tax Act, 1961, offers a direct reduction in tax liability for resident individuals whose total income stays within a specified threshold...
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Overview of ITAT Pune’s Ruling under Section 263: Scrutiny of Advances for Property Acquisition
1. Overview of ITAT Pune’s Ruling under Section 263: Scrutiny of Advances for Property Acquisition(i) IntroductionThe Pune Bench of the Income Tax Appellate Tribunal (ITAT) recently addressed the scop...
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Incentivizing Korean Investment in Indian Semiconductor Sector through Favorable Taxation
Introduction: India's Drive Toward Semiconductor LeadershipIndia’s government has recognized the pivotal role played by the semiconductor industry in the advancement of technology. To accelerate India...
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Section 37 of the Income-tax Act, 1961: Deduction of Business Expenditure – A Comprehensive Analysis
1. Overview and Legislative FrameworkSection 37(1) of the Income-tax Act, 1961 serves as the comprehensive provision for deduction of business or professional expenses that are not expressly mentioned...