Challenges that NRI faces while selling Property in India and Option to get lower TDS certificate

Understanding NRI (Non-Resident Indian) laws and how to comply with them when dealing with property transactions in India can be challenging, especially when you’re living outside the country. Even though resources like Google are easily accessible, finding accurate information can still be tricky due to search algorithms. As an NRI, one common concern revolves around …

Understand Double Taxation Relief and Income tax act Provisions

If you’ve ever wondered what happens when your money gets taxed in both India and another country, Double Taxation Relief is the answer. It’s like a helpful tool that makes things less confusing. In easy terms, it stops you from paying too much tax in different places, making sure things are fair. This tool encourages …

Significance, Benefits, Strategies, and Planning of DTAA for NRIs and Foreign Companies

Introduction In the complex realm of international taxation, understanding the nuances of Double Taxation Avoidance Agreements (DTAA) is indispensable. This comprehensive guide aims to demystify the meaning of DTAA, explore its benefits, delve into effective planning and strategies, and shed light on the tricks of the trade. Meaning of DTAA: Decoding the Jargon Double Taxation …

Sale Commission payment held to be allowable as expenditure on Sale of Property

Introduction: Understanding the intricacies of capital gains computation is crucial for taxpayers, especially when it comes to determining allowable expenditures. In a recent case, Fozia Khan (Ms.) v. ITO (2020) 185 ITD 446 (Jaipur)(Trib.), the Tribunal delved into the complexities surrounding the deduction claims made by an assessee who sold a residential house. Let’s explore …

Conversion of Sole proprietary business to a Private Limited Company

Introduction: Navigating the labyrinth of tax laws becomes crucial, especially when it comes to intricate situations like the transfer of businesses from sole proprietorships to private limited companies. In a recent case, Ravi Jalan v. DCIT (2020) 181 ITD 284 / 193 DTR 175 / 207 TTJ 38 (Kol.)(Trib.), the Tribunal grappled with the implications …

Transfer of capital asset to firm as capital contribution-Amount recorded in books of account of firm deemed to be full value of consideration

Introduction: Understanding the intricate provisions of the Income-tax Act, 1961 is crucial, especially when it comes to computing capital gains arising from the transfer of capital assets. In a recent case, ACIT v. Amartara P. Ltd. (2020) 78 ITR 46 (SN) (Mum.)(Trib.), the Tribunal grappled with the implications of Section 45(3) concerning the transfer of …

Right of redemption in respect of stock appreciation rights (SARs) cannot be assessed as perquisite

Introduction: In the intricate world of income taxation, the recent legal battle in the case of Sumit Bhattacharya v. ACIT (2020) has spotlighted the complexities surrounding the assessment of Stock Appreciation Rights (SARs). This blog post delves into the details of the case, shedding light on the evolving landscape of perquisites, particularly in the context …

Commission from employer is liable to be taxed as business income

Introduction: In the intricate realm of income tax, the case of Jalendra Sahoo v. ITO brings to light a compelling scenario where what appears to be a simple salary payment transforms into a complex interplay of business income and taxation. Let’s delve into the details of this case, where the determination of whether certain payments …

Service rendered outside India  held to be not taxable in India-DTAA-India-USA

Introduction: In the ever-evolving landscape of international taxation, the case of DIT (IT) v. Sasken Communication Technologies Ltd. brings to light the intricacies surrounding non-compete fees paid to employees rendering services outside India. The crux of the matter hinges on whether these payments are taxable in India or the United States, unraveling a complex web …

Gains on transfer of shares of Shares would be taxable as long-term capital gains when shares are held for more than 12 months

Introduction: In the intricate world of income tax, the classification of assets as short-term or long-term can significantly impact the tax treatment of gains. A recent case, Neelu Analjit Singh (Mrs.) v. Add. CIT, sheds light on the complexities surrounding the holding period of shares of unlisted companies. Let’s delve into the details of this …

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