Taxmann's Direct Taxes Law & Practice | Professional Edition

Page 1


38.

39.

40.

42.

4 Salaries

5

92.

93.

94.

95.

App. Frequently Asked Questions (FAQs) about

159.

7 Capital gains

8 Income from other sources

9 Income of other persons

total income

10 Set off and carry forward of losses

232. Carry forward and set off of loss and depreciation - When permissible in the hands of amalgamated and demerged company or co-operative bank

233. Problems illustrating the provisions of set off and carry forward of losses 755

11

234. Essential rules governing deductions

235. Deduction in respect of life insurance premia, deferred annuity, contributions to provident fund, subscription to certain equity shares or debentures, etc.

235A. Deduction in respect of deposit under National Savings Scheme

237. Deduction in respect of pension fund

237A. Deduction in respect of contribution to a National Pension System (NPS)

237B. Deduction in respect of subscription to long-term infrastructure bondsWhen available under section 80CCF

237C. Deduction in respect of investment made under any equity saving scheme 773

237D. Deduction in respect of contribution to Agnipath Scheme

238. Deduction in respect of medical insurance premia

239. Deduction in respect of maintenance including medical treatment of a dependent being a person with disability - When and to what extent available776 240. Deduction in respect of medical treatment, etc.

241. Deduction in respect of payment of interest on loan taken for higher studies781

241A. Deduction in respect of interest on loan taken for residential house property781 241B. Deduction in respect of interest on loan taken for certain house property

241C. Deduction in respect of interest on loan taken for purchase of electric vehicle783

242. Deduction in respect of donation to certain funds, charitable institutions, etc.783

243.

246. Deduction in respect of contributions given by any person to political parties or electoral trust

247. Deduction in respect of profits and gains from projects outside India

248. Deduction in respect of profits and gains from housing projects aided by World Bank 793

249.

250.

252. Deduction in respect of profits and gains from export or transfer of films software

253. Deduction in respect of profits and gains from industrial undertaking or enterprises engaged in infrastructure development etc. - How to find out

253A. Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone

253B. Deduction in respect of eligible start-up 807

254. Deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings - How to avail

254A.

255.

256.

257.

12

13

Typical problems on assessment of

14

Tax treatment of

15

Special

provisions governing assessment of firms and association of persons 313.

317. What are the conditions for claiming deduction of remuneration to partners under section 40(b)

318. What are the conditions for claiming deduction of interest to partners under section 40(b)

319. Carry forward and set-off of loss in the case of change in the constitution of firm892

16 Taxation of companies

17 Assessment of co-operative societies

18

352. Income from property held under trust partly for religious purposes and partly for other purposes

352A.

352C.

352D. Pass through status to Category I and Category II Alternative Investment Funds

361. Permanent Account Number (PAN)

366A. Reference to dispute resolution panel

367. Income escaping assessment and re-assessments

368. Issue of notice for reassessment under section 148/148A 1092

369. What are the provisions regarding rectification of mistake 1099

370. Time limit for completion of assessments/reassessments 1103

371. Provisions of section 155 1107

372. Problems on return of income and assessment 1109

372A. Obligation to furnish annual information return pertaining to financial transactions 1112

372B. Submission of statement by a non-resident having liaison office in India 1115

372C. Furnishing of information or document by an Indian concern 1115

372D. Reporting by producers of cinematograph films or persons engaged in specified activities 1115

20 Penalties and prosecutions

373. Penalties for defaults in brief 1116

374. Penalty for concealment/under-reporting of Income 1127

375. Who can levy penalty 1147

376. Power of Commissioner to reduce or waive penalty 1148

377. Procedure for imposition of penalty 1152

378. Time-limit for completion of penalty proceedings 1152

379. Offences and prosecutions 1155

380. Onus of proof 1159

21 Advance payment of tax

381. Income liable for advance tax 1161

382. Advance tax liability - Under different situations 1162

383. Interest payable by the assessee or Government 1163

384. Problems illustrating advance tax provisions 1163

22 Interest

385. Interest payable by the assessee 1165

386. Interest payable to assessee 1181

387. Procedure to be followed in calculation of interest 1185

388. Waiver or reduction of interest under sections 234A, 234B and 234C 1186

389. Chief Commissioner/Director General (Investigation) to reduce penal interest in certain cases 1186

390. Power of CBDT and Settlement Commission to reduce/waive interest 1187

391. Writ petition 1187

392. Problems illustrating computation of interest 1187

23 Tax deduction or collection at source

404. Scheme of tax deduction at source 1194

405. Deduction of tax from salaries 1198

405A. Tax deduction at source from withdrawal from employees provident fund scheme 1203

406. Deduction of tax at source from interest on securities 1207

407. Deduction of tax at source from dividends 1208

408. Deduction of tax at source from interest other than interest on securities 1209

409. Deduction of tax at source from winnings from lotteries or crossword puzzles, etc. 1213

409A. Deduction of tax at source from winnings from online games 1213

410. Deduction of tax at source from winnings from horse races 1217

411. Deduction of tax at source from payments to contractors or sub-contractors 1218

412. Deduction of tax at source from insurance commission 1224

on benefit/perquisite pertaining to business/profession 1253

420J. Deduction of tax from payment on transfer of virtual digital asset 1256

420K. Deduction of tax by firms from payment of remuneration/interest to partners1257

421. Deduction of tax at source from other sums 1257

422. Tax deduction from any income payable to non-resident unit-holders of Mutual Fund 1262

423. Deduction of tax at source in respect of units referred to in section 115AB 1263

424. Deduction of tax from income or long-term capital gain from foreign currency bonds/Global Depository Receipts 1263

425. Deduction of tax from income of Foreign Institutional Investors from securities 1264

426. Payment without tax deduction or with deduction at lower rate 1264

427. Processing of statements of tax deducted at source 1268

428. Other points for consideration 1268

429. Tax collection at source 1277

24 Refund of excess payments

430. Right to claim refund - When arises 1289 431. Who can claim refund 1289

432. How to claim refund 1289

433. Other points 1290

25 Appeals and revisions

443. Procedure for appeal by revenue when an identical question of law is pending before High Court/Supreme Court

Consequence of non-filing of appeal in respect of cases where the tax effect is less than the prescribed monetary limit

General Anti-avoidance Rule

480. Impermissible avoidance arrangement

481. When GAAR provisions are not applicable

482. Procedure for invoking GAAR

483. Clarifications given by Board 1355

30 Advance ruling

485. Constitution of the Board for Advance Ruling

486. Advance ruling

487. Procedure for filing application

488. Procedure on receipt of application

489. Applicability of advance ruling

490. Advance ruling to be void in certain circumstances

491. Powers of authority

491A.

31 Search, seizure and assessment

492. Powers regarding discovery, production of evidence, etc.

493. Search and seizure

494. Requisitioning of books of account, etc.

495. Application of assets seized or requisitioned

496. Power to call for information

497. Power of survey

498.

498A.

32 Transfer pricing

506. Taxation of international transaction

507. Computation of the arm’s length price

508. Arm’s length price - Computation of

509. Computation of arm’s length price in cases where more than one price is determined under most appropriate method

510. Reference to transfer pricing officer 1407

510A. Power of Board to make Safe Harbour Rules 1410

511. Maintenance of books of account and furnishing of report in respect of international group 1413

512. Report from accountant 1418

513. Specified domestic transactions 1418

514. Advance Pricing Agreement (APA) 1419

514A. Secondary adjustment in certain international transactions 1421

514B. Provisions pertaining to thin capitalisation 1425

514C. Important judicial rulings 1427

33 Business restructuring

515.

522.

523.

34 Alternative tax regime

541.

552.

554.

557.

558.

559.

35 Tax planning

565.

569.

571.

36 Miscellaneous

Tax rates

0.1

AMENDMENTS AT A GLANCE

EFFECTED BY THE FINANCE (NO. 2) ACT, 2024

0.1-1 Income-tax0.1-1a INDIVIDUAL/HUF/AOP/BOI/ARTIFICIAL JURIDICAL PERSON -

Senior citizen

Super senior citizen

Any other individual, any HUF/AOP/BOI 1

Para 0.1 Amendments at a glance I-30

Section 115BAC(1A)For the assessment year 2024-25

0.1-1b FIRM

0.1-1c COMPANY1. 2.

Alternative tax regime for a domestic company -

0.1-1d CO-OPERATIVE SOCIETY AND LOCAL AUTHORITY

Alternative tax regime for a resident co-operative society -

0.1-2 Surcharge on income-tax -

Section 115BAC(1A)From the assessment year 2025-26

as a % of income-tax

Note - see

0.1-2a SURCHARGE WHEN INDIVIDUAL/HUF/AOP, ETC., HAS DIVIDEND INCOME OR INCOME TAXABLE UNDER SECTION 111A/112/112ADifferent situations Nature and quantum of income of the assessee ( , individual, HUF, AOP, BOI or an artificial juridical person)

Surcharge on amount of income-tax computed on dividend income and income which is taxable under section 111A/112/112A

Surcharge on amount of income-tax computed on other incomes Situation 1

Situation 2 Situation 3 Situation 4 Situation 5 Situation 6

0.1-2b SURCHARGE WHEN A DOMESTIC COMPANY PAYS TAX UNDER SECTION 115BAA OR SECTION 115BAB -

0.1-2c SURCHARGE WHEN A RESIDENT CO-OPERATIVE SOCIETY PAYS TAX UNDER SECTION 115BAD/115BAE -

0.1-3

Para 0.1

0.1-4 Minimum alternate tax/alternate minimum tax -

Tax rateSurcharge -

Adjusted total income/book profit range

Individuals/HUF/AOP/ BOI/artificial juridical person Firm/local authority Co-operative society Domestic company

Notes –1. see 2. HEC -

0.1-5 Marginal relief -

Individual/HUF/AOP/artificial juridical person having income above Rs. 50 lakh -

Individual/HUF/AOP/artificial juridical person having income between Rs. 1 crore and Rs. 2 crore -

Individual/HUF/AOP/artificial juridical person having income between Rs. 2 crore and Rs. 5 crore -

Individual/HUF/AOP/artificial juridical person having income exceeding Rs. 5 crore -

Firms/local authorities having income above Rs. 1 crore -

Domestic company/foreign company/co-operative society having income above Rs. 1 crore -

Domestic company/foreign company/co-operative society having income above Rs. 10 crorecompany

0.1-5a INCOME RANGE WHEN MARGINAL RELIEF IS APPLICABLE -

Income range to attract marginal relief

Note

Para 0.1 Amendments at a glance

Income range

0.1-6 Maximum marginal tax rates

0.1-7 Rates for tax deduction/collection at source -

0.1-7a SURCHARGE, EDUCATION CESS, ETC., IN THE CASE OF TDS/TCS -

TDS/ TCS

Nature of payment

Recipient/collectee Whether health and education cess @ 4% applicable Whether surcharge applicable

Notes –1. 2.

Computation for marginal relief Step 1 Step 2Step 3

0.1-E2

Tax liability in the case of X -

Para 0.1

Section 111A (IT rate : 15%)

Section 112 (IT rate : 20%)

Section 112A (IT rate : 10% on capital gain exceeding Rs. 1 lakh)

Tax liability in the case of YSituation 3

Section 111A (IT rate : 15%)

Section 112 (IT rate : 20%)

Tax liability in the case of Z -

4

Add: Add:

Section 112A (IT rate : 10% on capital gain exceeding

1 lakh)

Tax liability in the case of A -

Tax on net income

Add:

Add:

Tax liability in the case of B -

Situation 6

Situation 1, 2 3

Section 111A (IT rate : 15%)

Section 112 (IT rate : 20%)

Situation 5

Situations 4 5

Section 112A (IT rate : 10% on capital gain exceeding Rs. 1 lakh)

Tax liability in the case of C -

Situations 4 5 Situation 6

Para 0.1

Section 111A (IT rate : 15%)

Section 112 (IT rate : 20%)

Tax liability in the case of D -

Tax liability in the case of E -

Section 111A (IT rate : 15%)

Section 112 (IT rate : 20%)

Section 112A (IT rate : 10%)

Tax liability in the case of F -

Section 111A (IT rate : 15%)

Section 112 (IT rate : 20%)

Situation 2

Section 112A (IT rate : 10% on capital gain

1 lakh)

Situation 3

Tax liability in the case of G -

Section 111A (IT rate : 15%)

Situation 1

Section 112 (IT rate : 20%)

Section 112A (IT rate : 10% on capital gain exceeding

1 lakh)

Section 112A (IT rate : 10% on capital gain

1 lakh)

Situations 4 5

Situation 6

Tax under normal provisions

Section 111A (IT rate : 15%) Section 112A (IT rate : 10% on capital gain exceeding Rs. 1 lakh)

Add: Situation 5

Tax under marginal relief

Step 1Step 2 -

0.1-E4

0.1-E5

Add

I-41

Amendment to section 10(4D)

Minimum alternate tax (under marginal relief)

Add e d e f c f

Add g

Less c h

Amendment to section 2(22) 0.2 22

a. 22 a

b. 22 b

c. 22 c

d. 22 d

e. Buy-back of shares - inter alia

Para 0.4

f 22 f see

Amendment to the definition of long-term capital asset [Sec. 2(42A)]

0.3 See

Amendment to section 10(4D)

0.4 4D inter alia

Para 0.5

Income of foreign company from lease rental of cruise ships [Sec. 10(15B)] 0.5 15B

1. 2. 3. 4. 5. What is “subsidiary company” -

Amendment to section 10(23C) 0.6 See

Amendment to section 10(23EE) 0.7 23EE

1. i.e.

2. 3.

Amendment to section 10(23FB) 0.8 23FB inter alia

Amendment to section 10(34A) 0.9

DIRECT TAXES LAW & PRACTICE | PROFESSIONAL EDITION

PUBLISHER : TAXMANN

DATE OF PUBLICATION : AUGUST 2024

EDITION : ASSESSMENT YEARS 2024-25 & 2025-26

ISBN NO : 9789357784535

NO. OF PAGES : 2064

BINDING TYPE : HARDBOUND

DESCRIPTION

4,495

Direct Taxes Law & Practice is a trusted, comprehensive commentary on direct tax law, relied upon by professionals for over two decades. This professional edition simplifies complex tax provisions, equipping practitioners with the knowledge to apply these laws effectively. Tailored for experienced tax professionals, including chartered accountants, legal experts, and tax officers, it covers Income-tax, International Tax, Transfer Pricing, and more.

The Present Publication is the Latest Edition for Assessment Years 2024-25 & 2025-26, authored by Dr Vinod K. Singhania & Dr Kapil Singhania, incorporating all the amendments made by the Finance (No. 2) Act 2024. The salient features of this book are as follows:

• [Thoroughly Revised Content] Enhanced readability with clear, user-friendly explanations, making complex topics accessible

• [Lucid & Precise Explanations] Topics are organized in numbered paragraphs, with practical examples illustrating legal principles

• [Comprehensive Coverage] Exhaustive analysis of the Income-tax Act, supported by the latest judicial pronouncements, circulars, and notifications, with over 600 practical illustrations

• [Integrated Analyses] Includes insights from the Income-tax Act, 1961, Rules, 1962, FAQs, and a section-wise digest of relevant rulings and circulars from 2016 to June 2024

• [Tax Planning Guidance] Strategic hints throughout the book for optimizing tax liabilities

• [Latest Amendments & Judicial Interpretations] Incorporates the most recent legal developments, providing a current view of the law

• [User-Friendly Navigation] Detailed indexes and lists for quick reference, enhancing the book's utility

• [Bestseller Legacy] Part of Taxmann's renowned series, consistently a top choice for reliable tax commentary

• [Zero Error Commitment] Follows Taxmann's Six Sigma approach, ensuring the highest accuracy standards

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