Recent Posts

Pages: [1]
« Last post by D. Saha & Co. on February 13, 2024, 05:28:43 pm »
TCS on foreign tours up

• TCS raised to 20% from 5% for overseas tour package
• Impact on expenditure above Rs. 7 lakh
• Interim budget aligns change with IT circular of June 30, 2023
• TCS levy is required on all remittances made and not just remittance made out of India, for example, grant of Rupee gifts or Loan to NRI/PIO relatives for use in India.
• Education & Medical are kept out of ambit.

Waiver of Arrear Tax Demand

The Budget has proposed to withdraw all direct tax demands up to Rs.25,000 till the year 2009-10 and up to Rs.10,000 for the years 2010-11 to 2014-15.

The move is expected to benefit an estimated 1 crore taxpayers, who are still disputing these tax demands. It will not only free them from the tussle with the taxman, but also pave the way for tax refunds that were held up due to pending tax demands.

Stamp Duty on Gift to Relatives

Stamp Duty on Gift Deed slashed to maximum Rs. 1000/- only irrespective of Area Valuation from 0.5% in West Bengal Budget, 2024 in case of Gifts within family.

Best Regards
Team of D. Saha & Co.

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)

Please share your valuable suggestions/opinions/feedback.
Our e-mail id : info@kolkatataxconsultants.in
Contact nos. : 8420159817 / 9674797985
« Last post by D. Saha & Co. on December 20, 2023, 05:26:09 pm »
We all aspire to buy our Dream Home at some point of time in our lives but one must ensure to weed out the Legal and other irregularities before zooming in on a particular House Property. The following checks will be more than helpful:-

1.   Title Search Report with Non- Encumbrance Certificate:  To verify the flow of ownership of the said property from Jurisdictional Registry Offices with proper certificate to avoid Title Defect as per Transfer of Property Act.

2.   Money Suit Report : To Ensure the property has no financial suits in Jurisdictional court or courts.

3.   Criminal Report: To Ensure that the existing owner or owners has no criminal records in Jurisdictional court or courts related to the said property or others.

4.   Property Based Report: To ensure that the said property is not mortgaged/charged with any Financial Institute.

5.   Owner Based Search Report:  One should additionally conduct owner based Search too, to look into any lien/ mortgage which relates to the designated property.

6.    Authenticity of Sanctioned Plan: Ensure the Authenticity of the Building Plan (Kolkata)

7.   E-Assessment: Ensure the Stamp Valuation of the said property so that Over Valuation may be avoided.

8.   Caveat Emptor: To mitigate the risks of Multiple Buyer Agreements fraudulently conducted by the owner/owners.

9.   Agreement Verification: To read through the Fineprints of Clauses involved in the Agreement for Sale by Legal professional.

10.   Payment of TDS: To avoid Litigation related Income Tax Act. towards payment of TDS where the property value is more than 50 Lakhs only.

11.   ROC Search: This is essential in case of direct purchase from a Developer Firm.

The above is not a comprehensive but an indicative list of advice which will be insightful for you in your decision making process towards achieving a lifetime goal of buying your Dream Home.

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)

Please share your valuable suggestions/opinions/feedback.
Our e-mail id : info@kolkatataxconsultants.in
Contact nos. : 8420159817 / 9674797985

« Last post by D. Saha & Co. on November 02, 2023, 11:58:23 am »
-   By Team of D. Saha & Co.

Revised Income Tax Returns for the Assessment Year 2023-24 can be filed till 31 December 2023. The revision can be done even after the return has been processed by the tax department. If you made a mistake in your tax return, you can rectify it by filing a revised return. Find out why, when and how to do it.

Case 1 : Shivangi Saha, Kolkata-based graphic designer’s monthly income had increased 40% to nearly Rs.75,000, yet the tax remained zero. Her new employer neither deducted any tax nor asked her to show tax-saving investments proof. The good times didn’t last, though. Saha’s delight changed to dismay when she sat down to file her tax return last month. Her new employer had missed her previous job income and, therefore, did not deduct any tax. With no tax saving investments to show, except the mandatory Provident Fund contribution, she was saddled with a heavy tax liability.

There is a sliver of hope for taxpayers like Saha. Under Section 139(5) of the Income Tax Act 1961, she can file a revised tax return and opt for the new tax regime. Revised returns for the current assessment year can be filed till 31 December 2023. The revision can be done even after the return has been processed by the tax department. Under the new tax regime for the financial year 2022-23, Saha will not get the benefit of Rs.50,000 standard deduction or her contribution to the Provident Fund, but her tax would be lesser due to the lower tax rates resulting to savings of about Rs.3,200 tax under the new regime.
Case 2 : Pune-based Software Engineer Surajit Bose, who filed his ITR in July, have duly included the income from interest and dividends as per Form 26AS, but did not mention the capital gains of Rs.2.25 lakh from stocks and equity funds reflected in Annual Information Statement (AIS), which he subsequently noticed.

Bose can expect a notice with penalty from the tax department for the omission when his return is processed. The department has information on all financial transactions conducted by the individual during the year. Banks and NBFCs report all interest paid on deposits and savings accounts, brokerages and mutual funds report capital gains and dividends, credit card issuers report high-value transactions, tenants report payment of rent and forex dealers report purchase of foreign currency. This puts taxpayers like Bose on a sticky wicket. This is why it is recommended that taxpayers should reconcile the information in the AIS while filing their tax returns.

At the same time, taxpayers should not blindly follow the AIS. It takes time for details to get updated in the AIS. Even then, some types of income may not get captured in the form. For instance, the interest on small savings schemes won’t be mentioned in the AIS. Revised returns can be filed even by taxpayers who filed belated returns after the 31 July dead line. Also, there is no limit to the number of revised returns that one can file. This is not recommended though. Too many revisions can invite a closer scrutiny by the tax authorities.

Case 3 : Chennai-based IT professional Mehuli Sarkar filed her return in July, but is contemplating revising it. According to her the HRA component in her Form 16 is very low and she wants to increase the HRA component to claim a higher exemption which could fetch a tax refund.

What she doesn’t realize is that instead of a tax refund, she might get a tax notice. One should avoid misusing the facility to file a revised return. Too many revisions can invite a closer scrutiny by the tax authorities. The Form 16 is a legal document and the HRA component mentioned in it cannot be changed at will. The tax department already has the Form 16 filed by Sarkar’s employer. If she files a revised return and claims a higher HRA exemption, the mismatch will immediately be detected by the tax department. The revised return will most probably get rejected and she might even have to explain why she is claiming more than the HRA received from her employer.

Case 4 : Subhankar Bhattacharjee, Bangalore-based GST practitioner left his regular job last year and became a consultant in his company. Under the new arrangement, he gets a lump-sum amount with a 10% TDS. He claims deduction for some expenses, such as travel, rent and purchase of accessories, but even then his tax outgo is quite high. He can reduce his tax significantly by opting for presumptive taxation. Under this, 50% of income from businesses or specified professions is presumed to be deductions.

If you, too, have made a mistake in your tax return, you can file a revised ITR. The mistake can be as simple as choosing the wrong tax regime or listing incorrect bank account details. There can also be serious mistakes that could lead to a tax notice and stiff penalties.

Besides revising their tax returns, taxpayers can now also update their previous returns. The concept of updated tax returns was introduced last year. Eligible taxpayers can update their ITRs by paying additional tax, interest or penalty. This was done to increase voluntary compliance and avoid penalties if an omission was detected by the tax authorities. Updated Returns can be filed within 24 months from the end of the relevant Assessment Year. However, this is allowed only if it results in additional payment of tax. An Updated Return cannot be filed to claim a tax refund. Taxpayers have also become jittery after reading media reports about tax notices to those who furnished incorrect information in their returns, or claimed false deductions or exemptions. The penalty is 25% of the additional tax due for up to one year’s delay, and 50% after one year and before two years. Think of this as an amnesty scheme by the tax department. This way you can avoid higher penalties and interest if the discrepancies are later discovered.

Last Date of Income Tax Revised Return Filing is 31/12/2023 or before the Assessment is made, whichever is earlier.

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)

Please share your valuable suggestions/opinions/feedback.
Our e-mail id : info@kolkatataxconsultants.in
Contact nos. : 8420159817 / 9674797985

« Last post by D. Saha & Co. on August 17, 2023, 11:47:00 am »
-   By Team of D.Saha & Co.

When your income exceeds a specific threshold, you must pay taxes on it and for that, you have to file income tax returns (ITR) as under section 139 (1)(b) of Income Tax Act, 1961.

A)   Individual is required to submit her return of income, if income [without claiming deduction under sections 10A, 10B, 10BA, 80C to 80U, and under section 54/54B/54D/54EC/54F/54G/54GA/54GB] exceeds the amount of exemption limit].

B)   Exemption limit for the assessment year 2023-24 is Rs. 2,50,000 [higher exemption limit (a) in the case of a resident senior citizen born on or after April 2, 1943 but on or before April 1, 1963 : Rs. 3,00,000; and (b) in the case of a resident super senior citizen born on or after April 1, 1943 : Rs. 5,00,000]. In the case of an individual (who has opted for alternative tax regime under section 115BAC), exemption limit is Rs. 2,50,000 (irrespective of his age).

Exemption limit for the assessment year 2024-25 under the alternative tax regime under section 115BAC (which is default tax regime) is Rs. 3,00,000 (irrespective of her age). If the assesse has opted for the regular tax regime, exemption limit is Rs. 2,50,000 [higher exemption limit (a) in the case of a resident senior citizen born on or after April 2, 1944 but on or before April 1, 1964 : Rs. 3,00,000; and (b) in the case of a resident super senior citizen born or before April 1, 1944 : Rs. 5,00,000].

C)   Compulsory filing of income-tax return in relation to assets located outside India – In the case of a resident person (but other than not ordinarily resident), it is mandatory to furnish return of income (from the assessment year 2016-17) if she at any time during the previous year,-

    a. holds (as a beneficial owner or otherwise) any asset (including financial interest in any entity) located outside India or has signing authority in any account located outside India, or

    b. is a beneficiary in any asset (including any financial interest in any entity) located outside India.
For any person (maybe individual or a person other than individual) who satisfies the above conditions, furnishing of return has become mandatory, irrespective of the fact whether the person has taxable income or not.

As per the Income Tax Department, a total of 6.8 crore ITRs have been submitted till July 31 which is an increase of 94 lakhs or 16.1% over and above last year numbers, out of which 53.7 lakhs are by first-time Assessees. Filing an ITR is critical for every person, which also includes housewives who do not have a regular source of earnings. In some cases, housewives may receive from various sources such as interest on FDs or rental income even if they do not have a job or a business and have no primary source of earnings.

But in some cases, housewives may not have a personal source of income and hence, they don’t file ITR. But we suggest that they should nevertheless file Income Tax Returns.

A homemaker who has an income of less than Rs. 3 lakh would not be taxed under the revised tax system. According to the new tax system, the minimum deduction has been raised to Rs. 5 lakh if a housewife is considered a super senior person, meaning she is 80 years of age or more.

Let’s have a look into the scenarios in which a housewife should file ITR:

Income From Investment

To have financial stability or to reduce the household’s financial burden, the parent or husband may have placed an investment in the name of a housewife. These investments in bank accounts, mutual funds, equities, etc. may accumulate over time and produce sizable income. And in case the returns on these investments under a housewife’s name are taxable, ITR must be filed.

Interest From Fixed Deposits Or Gifts Received

FD interest is taxable as per the slab rate. Hence, ITR is required to be filed in case interest income is more than Rs. 2.5 lakh. Apart from FD, if the home maker has invested the sum in any other instrument ad earnings from it is above the exemption limit, she will have to file ITR. Gifts received from specified relatives on certain occasions are not included in taxable income irrespective of the quantum of the gift amount.

Benefits of Filing ITR with No Liable Tax

Even if you are a stay-at-home mother or housewife without a reliable source of income or zero income, filing an income tax return makes it simpler for you to get a loan. You must file ITR for at least three consecutive years to be eligible for a loan. When taking house loans in the name of a woman, many banks provide a reduction in the interest rate. Your ITR serves as evidence of your income that the bank can use to determine your eligibility.
Not only is it simpler to obtain a loan, but also to receive a TDS refund. Another benefit of providing ITR evidence when requested by authorities is the eligibility to apply for a visa and the ITR documents play a crucial role in getting a visa. In these circumstances, a NIL ITR needs to be filed.

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)

Please share your valuable suggestions/opinions/feedback.
Our e-mail id :info@kolkatataxconsultants.in
Contact nos. : 8420159817 / 9674797985

Blog / BUDGET 2023
« Last post by D. Saha & Co. on February 07, 2023, 07:36:09 pm »

• Rates of Income Taxes under New Tax Regime - Individual
New Tax Regime to be applied on default basis, however assesses to have option to opt for taxation under Old Tax Regime.

Revised applicable slab under New Regime is tabulated below:

Following deductions will be available under New Tax Regime:

i. Standard Deduction increased to INR 52500 u/s 16(ia) of the IT Act.
ii. Deduction u/s 57(iia) of the IT Act from Family Pension Income up to INR 15000; and
iii. Deduction of amount paid/deposited in the Agniveer Corpus Fund u/s 80CCH (2) of the IT Act.

• Rate of Surcharge - Individual
Maximum rate of surcharge is proposed to be restricted to 25% as against 37%. This results the maximum effective tax rate to 39% from earlier 42.7%. Further, it is proposed that in case where the members of the AOP consists of only companies, the maximum rate of surcharge be restricted to 15%.

• Rebate under Section 87A of IT Act - Individual
Threshold for rebate on the income tax payable under Section 87A of the IT Act increased to INR 7lakhs from INR 5lakhs, applicable for assesse opting taxation under New Tax Regime.

• 1 crore Tax Filers in INR 5-7 lakh slab to benefit from new I-T plan

• World's Highest Personal Income Tax Rates (in %)

Sl. No.                Country                   (%)
   1                     Hongkong                 15
   2                     Singapore                  24
   3                      Canada                     33
   4                     Philippines                35
   5                      Thailand                   35
   6                        USA.                      37
   7                       INDIA                     39
   8                        France                    45
   9                      Germany                  45
  10                     Australia                  45
  11                        China.                   45
  12                         UK                       45
  13                       Japan                      56
  14                      Sweden                   57

• Maximum Deposit Limit enhanced for Senior Citizen Savings Scheme from 15 lakhs to 30 lakhs and for Post Office Monthly Income Scheme from 4.5 lakhs to 9 lakhs (single account) & to 15 lakhs (joint account).

• Mahila Samman Savings Certificate introduced tobe applicable till March 2025 at an interest rate of 7.5%.

• Anti-avoidance measure
i. Section 56(2)(viib) of the IT Act provides for taxation of the amount received by a taxpayer on issue of shares in excess of the fair market value from residents. It is now proposed to bring non-residents under its purview effective from the AY 2024-25.

ii. Further to widen the scope of Section 9 of the IT Act covering deemed gifts from residents to RNOR has now been proposed to curb tax avoidance. Currently, any sum of money exceeding INR 50,000 gifted by a Resident to a Non-Resident is taxed in the hands of the Non-Resident, if not within permissible Relation.

• Deduction with respect to Interest on Housing Loan
To avoid double deduction on interest under section 24 or under other provisions of Chapter-VIA, it has been proposed that the cost of acquisition of the asset or the cost of improvement thereto shall not include the deductions claimed on the amount of interest.

• Restriction on Investment in Residential Property for availing deduction on Capital Gains u/s 54 & 54F
A threshold limit has been introduced on maximum deduction which can be claimed for cost of new asset purchased Under Sections 54 and 54F to INR 10 crores. Corresponding amendments have also been proposed to be made for amounts to be deposited under Capital Gains Account Scheme under both the sections to INR 10 crores.

• Capital gains not to be attracted on conversion of Gold to Electronic Gold Receipt and vice versa
The conversion of Physical Gold to Electronic Gold Receipt and vice versa is proposed not to be treated as a transfer and not to attract any capital gains.

• Taxation on Sum of Insurance amount received on maturity
Income from insurance policies received [other than in case of Death], having a premium above INR 5 lakhs (individually/in aggregate) in a financial year shall be taxable as ‘Income from Other Sources.
Deduction of aggregate premium paid will be allowed if not claimed before. The proposed provision shall apply for policies issued prospectively I.E. On or after 1stapril, 2023. This will, however, not apply to any sum received on the death of a person and also not applicable to unit-linked insurance plans.

• Changes brought in TDS provisions
i.   Rate of TDS on winnings from online games @30% has been proposed. Tax will be on net winnings without any threshold limit. However, for lottery and crossword puzzle games, the threshold limit of INR 10000 for TDS will continue. Games of skill and games of chance have been treated on the same plane.

ii.   Restricting TDS at 20% instead of TDS at MMR on payment of accumulated balance of PF in case of failure by employee to furnish the PAN.

iii.   Threshold limit of 3 crores to be applied for TDS u/s 194N, in case recipient is Cooperative Society.

iv.   Amendments proposed to include cash benefits within the ambit of the benefit or perquisites chargeable to tax under the Section 28(iv) and corresponding amendment in Section 194R of the IT Act.

v.   The business trust deducting TDS at 5% on interest income of NR unit holders to be eligible for certificate for deduction at lower or NIL rate.

vi.   Proposed to omit clause (ix) of the proviso to section 193-exemption from TDS on payment of interest on listed debentures to a resident.

• Introduction of tax authority
In order to reduce burden of CIT (A) and to ensure speedy disposal of cases, a new authority of Joint CIT(A) is proposed to be created. It will have powers, responsibilities and accountability similar to CIT (A).

• Mismatch in TDS Credit
Taxpayers are allowed for making application to the AO within 2 years from the end of subsequent FY in which TDS deducted in case of TDS credit mismatch on account of cash system followed by deductor for TDS deduction.

• DTAA relief for TDS
DTAA relief is proposed to be made available for TDS under Section 196A of the IT Act with respect to certain income of a non – residents relating to units of mutual funds.

• Increase in timelines for completion of assessment or reassessment
Completion of assessment proceedings is proposed to increase from 9 months to 12 months from the end of the assessment year in which the income was first assessable. Further, in the case of an Updated Return the timeline is proposed to increase to 12 months from the end of the FY in which such return is furnished.

• Penalty introduced for false self – certification and failure to deduct tax
Penalty of INR 5,000 for a false self-certification of a statement in respect of specified financial transaction and penalty and prosecution for a person who fails to deduct or pay tax as per Section 194R, 194S and 194BA of the IT Act.

• Increase in TCS rate on LRS remittances
Proposes to increase TCS from 5% to 20% for certain classes of overseas tour packages and other foreign remittances (except for the purpose of education or medical treatment) to be effective from July 1, 2023. The bill proposes a new capital gains provision for market-linked debentures, taxing income from insurance policies where the premium is more than INR 5 lakhs and TDS to be deducted on interest payments on listed debentures.

• Leave Encashment increased to Rs.25 lakhs
The maximum amount which can be exempted has been increased from Rs.3 lakhs to Rs.25 lakhs upon retirement of non-government salaried employees.

• Addendum of West Bengal State Budget 2023
Joy for Home Buyers &Sellers
i. Stamp duty on residential properties in urban areas priced below Rs. 1 crore reduced from 6% to 4%
ii. Stamp duty on residential properties in urban areas priced above Rs. 1 crore reduced from 7% to 5%
iii. Stamp duty on residential properties in rural areas priced below Rs. 1 crore reduced from 5% to 3%
iv. Stamp duty on residential properties in rural areas priced above Rs. 1 crore reduced from 6% to 4%
v. Circle rates cut by 10%
This SOP has been extended upto September 30, 2023

• Finance Bill 2023 passed with 64 Amendments

i. No LTCG benefit for debt funds with less than 35% in equities
ii. Income from debt funds to be taxed at slab rate of taxpayer
iii. Parity in taxation with bank fixed deposits
iv. Applicable prospectively from FY24
v. No indexation benefit

i. Withholding tax rates raised to 20% from 10% on payments to Non-Residents
ii. India will be able to levy the tax treaty rate of 15% on US, UK Cos
iii. It was unable to levy this rate as domestic rate was lower at 10%
iv. Non-treaty countries will also face the higher 20% withholding tax

i. Securities Transaction Tax on options sale raised to 0.0625% from 0.05%
ii. STT on futures raised to 0.0125% from 0.01%
iii. May Impact F&O volumes on exchanges

Credit card used for foreign travel will attract TCS @ 20% except education and medical purpose

Tax Relief for marginal income earner over and above Rs. 7, 00,000 in New Tax Regime

TDS on online gaming will now be effective from 1st April, 2023 instead of 1st July, 2023

Disclaimer:- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)

« Last post by D. Saha & Co. on September 26, 2022, 03:51:01 pm »

Any Negligence Will Take A Toll On One’s Financial Health.

An individual spends a critical lump of their life working towards buying property. Property purchasing can regularly be muddled. Jargons coast around and you can be mistaken for all the legal jargon.

1. Follow the following advice to stay one step ahead:-

Agreement To Sell
It is the first document prepared fully expecting an offer of the property. It contains a point-by-point depiction of the property and states the terms of conditions between the purchaser and the dealer, including the price as settled upon.

Absolute Sale Deed And Title Deed
The sale deed or title deed is the main report that records the real exchange of ownership for a property. It should be registered at the sub registrar’s office under whose locate the property would fall.

Title Search And Report
Property title search is an interaction of recovering the chain of reports identifying with the historical backdrop of the property that has been enlisted with the concerned power. It incorporates a portrayal of the property and names of champions, joint occupancy; and so on. It is particularly significant for obtaining a home credit.

2. Money Suit Search  & Title Suit Search Report:-
One should also search for the last 12 years Money suit and Title Suit records in the local jurisdictional records.

3. Newspaper Insertion:-
Last Caveat Emptor formalities should be complied by giving an insertion in local newspapers of two languages – one in Vernacular and one in English.

Khata Certificate
This document is known by various names in various states and it gives evidence that the property has a passage in the local municipal records

Receipt Of Property Tax
The receipts of property tax hold that the past proprietor or occupier had made good on all the expenses and none have been left as due. They likewise set up the legitimate status of the property and hence fill it in as an important document of evidence.

Encumbrance Certificate
An encumbrance authentication expresses that the property is liberate from all encumbrances or loans. It is a key document for getting a credit against the property from banks. It has every one of the insights regarding transactions identifying with the property.

Occupancy Certificate
An occupancy certificate is given by the city enterprise after the development of a structure to set up that it was built by an authorized arrangement and that it is fit to be involved.
Statement from the bank if loan outstanding
On the off chance that any loan is remarkable on the property that is being bought, it is protected to obtain the assertions identifying with the advance so that there is complete honesty in such manner.

Non-Objection Certificates
It is important to ask the developer to deliver copies from different NOCs that should be obtained from different offices, for example, the Sewage Board, Pollution Board, Environment Department, Traffic and Coordination Department, and so forth. This structures the ‘implication of objection’ for the development of the structure.

Sanctioned Building Plan By Statutory Authority
This is to guarantee that the purchasers are wary about any deviations from the authorised arrangement made by the engineer.

Power Of Attorney/S, If Any
A Power of Attorney is needed in unique if an individual is following up on the approval of the proprietor of the property. It very well may be general or explicit.

4. Income Tax related formalities (Tax):-

Amendments to section 194-IA
Under section 194-IA any person responsible for paying to a resident any sum by way of consideration for transfer of any immovable property (other than agricultural land) is required to deduct tax at source at the rate of 1 per cent of such consideration. It is 1 per cent of consideration even if stamp duty value is higher. To incorporate the reference of stamp duty value within the parameters of section 194-IA, the following amendments have been made with effect from April 1, 2022 –
1. Tax rate – Tax will be deducted under the modified version of section 194-IA at the rate of 1 per cent of consideration or stamp duty value, whichever is higher.
2. Threshold limit – Tax will not be deducted where consideration is less than Rs. 50 lakh as well as stamp duty value is less than Rs. 50 lakh.

Deduction of tax at source from other sums
A person responsible for making payment to a non-corporate non-resident assessee or to a company other than a domestic company, of any interest or any other sum (not being salary) is required, at the time of payment or at the time of credit to the account of payee, interest payable account, or suspense account, or at the time of payment, whichever is earlier to deduct income-tax thereon at the rates prescribed by the relevant Finance Act.

Only in case of doubt, deductor can approach Assessing Officer under section 195(2)
The application of section 195 (2) pre-supposes  that the person responsible for making the payment to the non-resident is in no doubt that tax is payable in respect of some part of the amount to be remitted to a non-resident but is not sure as to what should be the portion so taxable or is not sure as to the amount of tax to be deducted. In such a situation, he is required to make an application to the ITO (TDS) for determining the amount. It is only when these conditions are satisfied and an application is made to the ITO (TDS), that the question of making an order under section 195(2) will arise.

Prescribed form and procedure
As per rule 29BA, application for grant of certificate (in the case of payment other than salary to a non-resident) for determination of appropriate proportion of sum chargeable under section 195(7)/(2).

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)
Blog / BUDGET 2022
« Last post by D. Saha & Co. on February 03, 2022, 03:50:01 pm »

The Union Budget has sought to give opportunity to tax payers to rectify mistakes related to misreporting of income when filing Income Tax Return for a Financial Year. It has created a provision for allowing such taxpayers to file an updated return within Two years from the end of the relevant Assessment Year.


The Budget has offered tax relief to long-term investors in capital assets other than equity funds and listed stocks. The surcharge on the tax payable on long-term gains from these capital assets (property, unlisted shares, artifacts) is proposed to the capped at 15%.


Tax free run ends even Crypto gifts brought under tax net. Finally, there is some clarity on Crypto by taxing digital assets at 30%.


One percent TDS will apply on a Non-Agriculture Immovable Property of over Rs. 50 Lakh on the basis of sale price or the stamp duty value, whichever is higher.


Budget 2022 has introduced a new tax benefit/deduction for the parent/guardian of a disabled person. As per the new tax sop, if the parent/guardian of a disabled person buys a savings life insurance policy with the latter as beneficiary then the parent/guardian would be eligible to deduction from gross income before tax subject to certain conditions.


a. Below 60 Years

b. Above 60-80 Years

c. Above 80 Years

« Last post by D. Saha & Co. on August 13, 2021, 12:04:41 pm »


History has seen innumerable cases of strife due to wealth right from the Vedic ages. Till date the scenario has not been changed, only the ways of settlement have. There are various famous cases and judgments which have time and again reinforced the importance of having a Will. This may sometimes lead the lay man into believing that Will is only for the famous and the rich. But, this is not true. As per PIB data 2016, 76% of all cases pending in Indian Courts are relating to Family and Property Disputes. We feel, most of which could have been avoided if proper Succession Planning or Will were in place. Study suggests that the property dispute cases go on for a minimum average of 10 years. The inordinate delay in dispute resolution results in huge amount mental and emotional upheal with distress, leave aside the financial loss since litigations in our country puts a lot of strain on the pulse.

    What is a Will :- Will is a written declaration that speaks for you after your death. It can communicate how you want your property and assets to be distributed; name a guardian for your children if you pass away before they reach adulthood; and leave specific instructions like arrangements for your funeral, organ donation, forgive debts and a lot more. A Will gives you the comfort of knowing that the rewards of your life's work will be distributed and managed according to your wishes.

    Importance of Will :- It is important to make a Will because, when you die without a Will or a Succession plan which is known as intestate succession , Succession laws of country decides which family members will inherit your estate and in what proportion. In India it is the Hindu Succession Act or Indian Succession Act or Muslim Law based on the religion of the person. This may not be the way that you would have wished your money and possessions to be distributed.
Most people want to distribute their property differently than the state would distribute it. For example, many people want to leave gifts to friends, distant relatives, helps, educational or charitable organizations ??? and intestate succession does not allow for any of that. If you want other people or organizations to inherit some of your property, or if you want to decide the proportions, a Will can make sure your wishes are followed. Also this helps in saving taxes and stamp duty.

    Legal Heir :- Legal Heir is a person; male or female, who is entitled to succeed to the properties of the deceased person under the applicable personal law for Succession. As per Hindu Succession Act ??? if there is no Will the properties are allowed to be distributed equally to Class 1 heirs equally, if there is no one in Class 1 heir, in such case properties are distributed equally to Class 2 heirs, if there are no such heirs in class 2 also, the properties are given to Agnates and lastly to Cognates. If no one is available ??? all properties are taken away by the Government.

     I. T. :- No, as of date any property received under the Will does not attract any tax including capital gain tax. In past there was an Estate Duty tax which was abolished way back.

    Who can make a Will :- Any person above the age of 18 can make a Will with sound mind i.e capable of understanding his actions and is free from any undue influences.

    Myths & Facts :-

???   Registration:
Registration of Will is not mandatory. It is recommended in cases where chances of the Will getting challenged can be perceived.

???   Stamp Paper:
Will on a plain paper is valid. There is no need to take the print of the Will on a stamp paper.

???   Nomination:
Appointment of nominee is a stop gap arrangement. Succession Law supersedes nomination in most cases.

???   Gifts Vs Will:
Gift to non relative has tax implications. By gifting, the right to the property is relinquished immediately. However in the case of Will, the property is transferred only after the death of the person writing the Will. Stamp duty is also applicable on gifts.

???   It is too early to make a Will:
???Death is certain, but the timing is uncertain.??? Especially at a time when the world is going through an unprecedented situation of a global Pandemic, the luxuries to procrastinate Will making to old age is not there. With the inset of westernization of India, nuclear family structures are at a rise. This makes Will making at an early stage an essential.

???   Will can only be written once in a lifetime:
One can change his/her Will innumerable times in his life span. In fact, it is recommended that the Will be revisited every 3-5 years due to changes in financial status, relationship status, social status and the like. The last dated Will is the final Will. Changes to a Will can also be done through codicil.

        Key ingredients of a Will are as follows :-

???   Testator Details :
Name, age, address details of the person making the Will.

???   Legal declaration :
A Will is a declaration by which a living person (called testator) declares his desires or intentions. The declaration must be legal.

???   With respect to his/her property :
A Will can only be made with respect to the property that the testator owns or has rights over. The simple rule is that one can only give what one has. There is no way that one can give away something that one does not have.
The details of the properties which the testator wants to give to his beneficiaries under his Will like the description, the registration and whether it is his self acquired property etc. If it a movable property, then the details and description of each should be clearly and individually mentioned.
One can bequeath pets, paintings, antiques, electronic items, furniture & fixtures, intellectual properties like Trademark, Patents, Copyrights, Licenses, Social Media Accounts, Personal Belongings, Books, etc.
Ancestral properties in which title / ownership is legally transferred are allowed to be bequeathed by a Will.

???   Beneficiary Details :
In case of multiple beneficiaries, the details of each beneficiary like name, age, address, relationship of the beneficiary with the Testator.

???   Desires to be carried into effect after his/her death :
The Will must state clearly that the testator desires that it comes into effect after his/her death. A renunciation during one???s lifetime does not amount to a Will. If the document desires to partition property among the testator???s sons while the testator is still living, the document cannot be called a Will.

???   Guardian for Minors :
If the Testator wishes to give his property to any beneficiary who is a minor, then definitely he should appoint a guardian who will take care of the minor???s property till the minor attains majority.
Many times, people create a Trust by way of Will for the benefit to all the Legal Heirs, Friends, Relatives or for Charitable Purpose.

???   Executor of the Will :
The Testator should appoint an Executor to his Will. An Executor is a person who shall implement the Will after the document just below the last sentence in the document.

???   Exclusions :
The Testator cannot give any property that is joint family property or ancestral property that is common to many other members too. Such a Will becomes void.

    What are special provisions in case of will by Muslims :- Muslims are mainly governed by their personal laws in respect to Will and Inheritance, and only certain part of general succession law in India , known as Indian Succession applies to them. As a general rule, Muslims can make a Will of only 1/3 rd of his/her properties and the remaining properties are distributed in tested succession as per the Sheriat Act.

        CODICIL to the Will :- If a testator intends to make a few changes to the Will, without changing the entire Will, he can do so by making a codicil to the Will. The codicil can be executed in a similar way as the Will. One must note that a Will or Codicil is not unalterable or irrevocable. They can be altered or revoked at any time.When you decide to make a Will, what not to miss when making a Will:

???   The testator should have attained the age of majority.
???   Will can be made a person having a sound mind.
???   It is recommended to attach the Doctor???s Certificate as a proof for the same.
???   It is recommended that an expert be involved in the drafting of the Will.
???   It is suggested that every page of the Will should be signed by the testator with page numbers mentioned therein.
???   The testator should sign his Will in the presence of at least two witnesses.
???   The Will should be attested by the two independent witnesses.
???   Witness can be anyone other than beneficiary.
???   The video recording of the Will signing ceremony is also recommended.
???   Executor must be communicated about the place of storage.
???   It should be clearly mentioned that this is the last Will and it supersedes all other Wills.

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)

« Last post by D. Saha & Co. on July 09, 2021, 02:37:10 am »

The Apex Court judgment directing the CBDT to consider the petition filed by a NRI who had overstayed in India due to Covid-19 for Financial Year 2020-21 requesting for a blanket relief has been meted with a disapproval in a Press Release issued on 3.3.2021 :-

CBDT has promised there would be no ???double taxation???---and, the determination of residential status shall be done on the basis of relevant double tax avoidance agreement (DTAA)---such an assurance is meaningless for NRIs working in most Middle-East countries, or in any other country where there is no direct tax on income.

In case of employment income, the CBDT has clarified that if an employee of a foreign company has got stranded in India, and works from India, under the DTAA, his salary will not be taxable in India, unless he has been in India for 182 days or more. It has been pointed out that person treated as a resident in India will be entitled to tax credit for taxes paid in any other country. The CBDT has cited the observations of the OECD and the guidelines and clarifications issued by the US, UK, Australia and Germany in this regard, and come to conclusion that the possibility of double taxation does not exist as per domestic tax law read with the DTAAs due to forced stay in India.

However, in order to understand possible situations in which a particular taxpayer is facing double taxation, the CBDT has sought relevant information from individuals in a specified form, so that it can examine whether any relaxation is required to be provided in a matter, and if required, whether general relaxation should be given or specific relaxation for that individual. This form is to be submitted online by 31 March.

Many non-residents were forced to remain in India during covid and could not travel back to their home countries due to the absence of international flights or had to remain in India due to a complete lockdown in their home countries. In many such cases, the non-resident was in India for more than 182 days during the current financial year, and under tax laws would therefore be regarded as a person resident in India.

Given that the Central Board of Direct Taxes (CBDT) has issued a circular in May 2020 giving relief to such persons for Financial Year 2020, there was hope that a similar relief would be granted for Financial Year 2021. However, the budget contained no relief in such cases.

The CBDT said that in most cases, a short stay would not result in residency in India. It has then reasoned that since most countries have the condition of stay for 182 days or more for determining residency, in most situations, a person will be resident in only one country. ???According to the CBDT, if a general relaxation of the 182 days, stay period is granted, it may amount to a case of double non-residency with no payment of tax in any country???.

The logic given is that even in cases where a person is a dual resident, the provisions of the Double Taxation Avoidance Agreement (DTAA) with his home country provide for a tie-breaker test to determine the country of which he is resident. It has further been explained that even if a person is resident in India, he would normally be a resident but not ordinarily resident (RNOR), with foreign income not taxable in India, except such income from a business controlled in, or a profession set up in, India.

The petitioner is considering to re-file a writ petition before the Hon???ble Supreme Court shortly.

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)
« Last post by D. Saha & Co. on July 09, 2021, 01:55:29 am »

# Time Limits for Filing I.T Returns
a)   Belated Return: It has been proposed to prepone the due date of filing belated return of income to 31st December from the earlier time of 31st March of the next year, effectively reducing the window for filing the belated return of income by 3 month

# Safe Harbour Rule by way of amendment in Special provision for full value of consideration for transfer of Assests:
(i)   The transfer of residential unit takes place during the period from 12 November, 2020 to 30 June, 2021.
(ii)   The transfer is by way of first time allotment of the residential unit to any person.
(iii)   The consideration received oraccruing as a result of such transfer doesn???t exceed INR 2 crore.

b)   An amendment has been proposed to increase the safe harbour limit from 10% to 20% whereby, circle rate shall be deemed as sale/purchase consideration only if the variation between the agreement value and the circle rate is more than 20%.
The above amendments are proposed to be effective from 1 April 2021. The proposed amendment is in line with the announcement made earlier by the honourable F.M. It will bring some relief to real estate industry.

# TDS on payment of rent by certain individuals or Hindu undivided family (HUF):
It is mandatory for any person, i.e. individuals/HUF, who is not liable to audit, to deduct taxes for rent paid to a resident, exceeding INR 50,000 per month. If PAN is not furnished by the payee, the withholding tax rate would be 20 per cent or the rate in force, whichever is higher. It is now proposed to amend the existing Section to include the newly inserted section, providing for higher rate for TDS for the Non-filers of income-tax return. The amendment is proposed to be effective from 1July 2021.

# Deduction of tax in case of specified senior citizen and Relaxation from furnishing/filing of return of income to a senior citizen of age of 75 years:
This Section is proposed to be inserted which provides for relaxation from furnishing / filing of return of income to a senior citizen of age of 75 years in the year in which tax has been deducted by the specified bank after giving effect to the deduction allowable under Chapter VI-A of the Act and rebate under Section 87A. It may be noted that such Senior citizens need to satisfy the below requirements for applicability of the said Section:
i.   Resident in India
ii.   Aged 75 years or more during anytime during the previous year.
iii.   He has No income other than pension and interest income from the same specified bank in which he is receiving his pension income.
iv.   Furnishes a declaration to the specified bank containing particulars, in such form and verified in such manner, as may be prescribed
The above amendment is proposed to be effective from 1 April 2021. This new Section applies only to senior citizens who are having income in the nature of pension, and has no other income except the income of the nature of interest, received or receivable from any account maintained by such individual in the same specified bank, in which he is receiving his pension income. That means, if the senior citizen earns interest income from any other bank/banks, this Section shall not apply. Further, if the senior citizen has refund due, he/she will have to file a return of income. The object of the government to reduce compliance burden on the specified senior citizens seems laudable, the requirements that they should be earning only interest income apart from pension income from only bank seems unpractical and unrealistic and hardly some people will be able to take benefit.

# Taxation of proceeds of high premium Unit Linked Insurance Policy (ULIP):
a)   Tax Exemption available for the sum received under a life insurance policy, including the sum allocated by way of bonus on such policy in respect of which the premium payable for any of the years during the terms of the policy does not exceed ten percent of the actual capital sum assured.

b)   The proposed exemption shall not apply with respect to any unit linked insurance policy (ULIP) issued on or after 1 February 2021, if the amount of premium payable for any of the previous years during the term of the policy exceeds INR 2,50,000

c)   If premium is payable by a person for more than one ULIPs, issued on or after 1 February 2021, exemption shall be available only to those insurances policies where the aggregate amount of premium does not exceed INR 2,50,000 in any of the previous years during the term of any of the policies.
# Meaning of the term ???liable to tax???:
The term ???liable to tax???has been defined by inserting a new clause. The term ???liable to tax??? in relation to a person means that there is a liability of tax on such person under the law for the time being in force of any country and shall include a case where subsequent to imposition of such tax liability, an exemption has been provided. The amendment is proposed to be effective from 1 April 2021.
 It may be noted that the Income Tax Act presently does not define the term ???liable to tax??? although the same is widely used in various provisions like determination of residential status under Double Tax Avoidance Agreements (DTAAs/Tax Treaties). Various tax treaties provide that in case a term is undefined in a tax treaty, then reference should be made under the domestic law. Hence, this amendment would impact the interpretation of various DTAAs.
# Concept of Deemed Residency Rule will put NRIs in Tax Trouble:
According to a change in the tax statute that become effective from the assessment year beginning April1, 2021, Indians residing overseas and earnings Rs15 lakh and abovefrom domestic sources such as fixed deposits, dividends, and rents from India will have to pay tax on what they earn outside if that global income is not taxed in any other country.

Revenue Secretary Ajay Bhushan Pandey said in a post budget interaction with media
???Indians working in Middle East as well as those in Merchant Navy shall not be taxed using the New Provision. Somebody who is a citizen of India and sitting in a tax haven and not paying taxes then he has to pay tax. By issuing clarification, we have kept them (workers in the Middle East) out. Same for merchant navy because their income is also not arising out of India. The new provision was brought in because people were taking advantage of the existing one. These are the anti-abuse provisions, and not to inconvenience any genuine persons???
Finance Minister Nirmala Sitharaman said in post budget interaction with media
???What we are doing now is that the income of an NRI generated in India will be taxed here. If he???s earning something in a jurisdiction where there is no tax,why will I include that into mine that has been generated there. Indian earnings of NRIs such as rental income from property in the country is what is intended to be taxed by way of the new provision. Whereas if you have a property here and you have rent out of it, but because you are living there, you carry this rent into your income there and pay no tax there, pay no tax here. Since the property is in India, I have got a sovereign right to tax in India. I am not taxing what you???re earning in Dubai but that property which is giving you rent here, you may be an NRI, you may be living there but that is revenue being generated here for you. So, that???s the issue.???

Hence as per my view the new deeming provision for residency shall not apply to the seafarers working in Merchant Navy.

Disclaimer :- (You are advised to consult your Legal Counsel before taking any decisions. This is issued only for the purpose of public awareness and information. The Contributor or any of his employees/associates will not take any responsibility for any actions of the reader based directly or indirectly on the basis of the above Article.)
Pages: [1]