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Direct and Indirect Taxes with Tax Ready Reckoner.

Relaxation of Deemed Let-Out Property Provision under the Finance Bill 2025

Here’s a detailed summary of the relaxation of deemed let-out property provisions under the Finance Bill 2025, including key changes, tax implications, and practical examples: 1. Key Changes in Deemed Let-Out Property Rules (Effective April 1, 2025) Removal of Occupation Conditions: Previously, taxpayers could claim two properties as self-occupiedonly if they couldn’t occupy the second property due to employment, business, […]

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Removal of Equalisation Levy under the Finance Bill 2025

Here’s a detailed summary of the removal of the Equalisation Levy (EL) in India, including key changes, effective dates, and implications: 1. Overview of Equalisation Levy Removal The Finance Bill 2025 has abolished the 6% Equalisation Levy (EL) on digital advertising services provided by non-resident companies, effective from April 1, 2025. This follows the earlier removal of the 2% EL on e-commerce transactions in 2024.

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Scope of Total Income / Incidence of Tax [Section 5] under the Income Tax Act, 1961

1. Statutory Framework Section 5 defines the scope of total income based on the taxpayer’s residential status, which determines whether income earned within or outside India is taxable. The provision categorizes taxpayers into three classes: Resident and Ordinarily Resident (ROR) Resident but Not Ordinarily Resident (RNOR) Non-Resident (NR). 2. Taxability Based on Residential Status The table below summarizes the scope of

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Determination of “Residential Status” under Income Tax Act, 1961 (Section 6)

1. Importance of Residential Status Residential status determines: Which incomes are taxable in India (Indian vs. foreign income) Applicable tax rates and compliance requirements Eligibility for certain deductions/exemptions 2. Categories of Residential Status There are 3 categories: Resident and Ordinarily Resident (ROR) Resident but Not Ordinarily Resident (RNOR) Non-Resident (NR) 3. Basic Conditions for Resident

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Rules for Determining Residential Status of an Individual [Section 6(1) & 6(1A)]

The residential status of an individual is crucial for determining tax liability in India. It classifies taxpayers into three categories: Resident and Ordinarily Resident (ROR) Resident but Not Ordinarily Resident (RNOR) Non-Resident (NR) The rules are governed by Section 6(1) (basic conditions) and Section 6(1A) (deemed residency for high-income Indian citizens). 1. Basic Conditions for Resident Status [Section 6(1)] An individual

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Residential Status of Hindu Undivided Family (HUF) [Section 6(2)]

1. Basic Rule for HUF Residency A HUF is Resident in India if: “Control and management of its affairs is wholly or partly situated in India during the relevant financial year.” Wholly in India→ Entirely Resident Partly in India→ Still Resident Wholly outside India→ Non-Resident (NR) 2. Key Differences from Individual’s Residency ASPECT INDIVIDUALS HUF Test Applied

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Residential Status of Firm, Association of Persons (AOP), Body of Individuals (BOI) and of Other Persons (except Companies) [Section 6(2) and 6(4)]

1. General Rule for All Non-Company Entities [Section 6(2)] The residential status of Firms, AOPs, BOIs, and other non-corporate entities is determined by: “Whether control and management of affairs is wholly or partly situated in India during the financial year.” Key Tests: Wholly in India→ Resident Partly in India→ Resident Wholly outside India→ Non-Resident (NR) Note: Unlike individuals, there is

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Residential Status of a Company [Section 6(3)]

The residential status of a company is a crucial factor in determining its tax liability in India. Section 6(3) of the Income Tax Act, 1961 (not the Companies Act) governs how a company’s residential status is determined for taxation purposes. This classification affects whether a company is taxed on its global income or only on

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Incomes Deemed to Be Received in India [Section 7]

Section 7 of the Income Tax Act, 1961, defines certain incomes that are deemed to be received in India, even if not actually received by the taxpayer. This legal fiction ensures that specific benefits or contributions are taxed in the year they are credited or made available, regardless of actual cash receipt. Key Incomes Deemed to Be

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