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Dematerialised Securities and Capital Gains: FIFO, Cost Allocation and Account-Level Issues
1. Why demat holdings create tax questionsThe dematerialised holding framework was created to remove the practical limitations of physical share certificates and to make ownership, transfer and settle...
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Multiple Floors or Units May Still Represent “A Residential House” for Sections 54 and 54F
The Delhi Bench of the Income-tax Appellate Tribunal, in Ranjan Sen Jain v. ITO [2026] 188 taxmann.com 645 (Delhi - Trib.), has reiterated an important principle for claiming exemption under sections...
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Clause 12(d) of Form 26: A Reporting Clause with Assessment Consequences
1. Why Clause 12(d) should not be treated casuallyThe tax audit mechanism under section 63 of the Income-tax Act, 2025 is designed to place before the tax authorities a structured set of financial and...
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HUF as a Separate Tax Unit: Wealth Planning, Not Compliance Simplification
1. Why HUF planning is relevant for high-income familiesAs personal incomes rise, many taxpayers quickly move into the highest slab rates, particularly where salary, professional income, rent, dividen...
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When Tax Compliance Becomes Impossible: Application of Lex Non Cogit Ad Impossibilia in Indian Tax Proceedings
1. The core idea: law cannot demand the impossibleTax statutes impose several duties on taxpayers—filing returns, furnishing documents, responding to notices, uploading forms, participating in reasses...
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Clause 46 of Form 26: Compliance Reporting for Forms 98, 165, 166 and 167
1. Clause 46 is a reporting clause, not a computation clauseClause 46 of Form 26 is concerned with verification of statutory information-reporting compliances under the Income-tax Act, 2025 and the In...
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Managing Disputed Income-tax Demands: Stay, Interest, Waiver, Instalments and Recovery Safeguards
Scrutiny assessments often lead to substantial tax demands, especially where the dispute arises from legal interpretation, disallowance of expenditure, treatment of loans or cash credits, unexplained...
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TDS on Offshore Salary Paid to Expatriates: Revisiting the Eli Lilly Ruling
The controversy surrounding tax deduction at source on the foreign salary component of expatriate employees was authoritatively considered by the Supreme Court in CIT v. Eli Lilly and Company (India)...
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Order Giving Effect Is Not a Mere Formality: Bombay High Court’s Reminder on Section 153 Timelines
1. Why this ruling mattersIn tax litigation, obtaining relief from an appellate authority is only one part of the process. The relief must also be implemented through a valid Order Giving Effect, comm...
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Depreciable Assets, Section 50 and Set-Off of Long-Term Capital Losses: Mumbai Tribunal Clarifies the Boundary of Legal Fiction
A recurring dispute under capital gains taxation is whether a gain computed as short-term capital gain under Section 50 of the Income-tax Act, 1961, corresponding to Section 74 of the Income-tax Act,...
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Tax Assessment Must Be Evidence-Based: Guesswork Cannot Justify an Addition or a Remand
1. Assessment is a determination, not a speculationAn income-tax assessment is not meant to be an exercise in approximation without foundation. Once an assessment is completed, it determines the tax l...
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Section 234B Interest in Updated Returns: Should CPC Charge It Beyond the Date of Tax Payment?
1. The issue in briefThe updated return facility was brought into the Income-tax Act to give taxpayers an opportunity to voluntarily report income that was omitted or incorrectly disclosed earlier. A...
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Section 271AAE and Related-Party Benefits in Charitable Trusts: Tax, Penalty and the 85% Application Risk
1. Why Section 271AAE MattersThe compliance environment for charitable and religious trusts registered under the Income-tax Act, 1961 has become far more rigorous in recent years. A major shift came t...
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CCPS and CCDs in India: Companies Act, Ind AS, FEMA and Income-tax Analysis
1. Why convertible instruments matterConvertible securities are widely used in private equity, venture capital, strategic investment, acquisition financing and structured funding transactions. They al...
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Allowances under the Income-tax Act, 2025—A Shift in Exemptions and Emerging Issues
Introduction: Evolution of Allowance Provisions in Indian Income Tax LawThe framework governing exemptions for certain employee allowances has undergone significant changes with the introduction of th...
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Statutory Interest under Sections 234A, 234B and 234C: Why Waiver Is Not a Matter of Equity
1. Central propositionInterest under sections 234A, 234B and 234C of the Income-tax Act, 1961 is not a discretionary levy. Once the statutory conditions are satisfied, the levy follows automatically....
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Income-tax Return Filing for Assessment Year 2026-27: A Practical Guide Covering Due Dates, Forms, Regimes, Reporting and Common Issues
This guide explains the key return-filing rules applicable for Assessment Year 2026-27, i.e., income earned during Previous Year 2025-26. It covers due dates, return forms, changes in ITR utilities, o...
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Section 536 of the Income-tax Act, 2025: How Clause (j) Preserves the Old Act’s Consequences
The repeal of the Income-tax Act, 1961 by the Income-tax Act, 2025 does not mean that everything done under the old law disappears. Section 536 of the 2025 Act is designed to prevent that result. It i...
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Income Tax - Demerger Consideration by a Holding Company: Revisiting the Meaning of “Resulting Company”
Demerger is one of the most frequently used modes of corporate reorganisation in India. It allows a business undertaking to be separated and housed in another entity while preserving tax neutrality, c...
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Search Material and Reassessment: Gujarat High Court’s Approach in Paras Chandreshbhai Koticha
1. Why the ruling mattersThe Gujarat High Court decision in Paras Chandreshbhai Koticha v. Income Tax Officer reported in [2026] 182 taxmann.com 204/485 ITR 628 (Gujarat) is an important ruling on the...