Tax Ready Reckoner

Direct and Indirect Taxes with Tax Ready Reckoner.

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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Section 9: Incomes which Accrue or Arise in India or are Deemed to Accrue or Arise in India

Section 9 of the Income Tax Act, 1961, is a critical provision that determines when income is considered to accrue or arise in India, even if it is earned outside the country. This section is particularly important for non-residents (NRs) and foreign companies, as it expands India’s taxing jurisdiction over certain foreign-sourced incomes with an Indian connection. Key Categories

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Section 10(1) – Agricultural Income

Section 10(1) of the Income Tax Act, 1961, provides a full exemption for agricultural income, meaning it is not taxable under the central income tax laws. However, some state governments may levy taxes on agricultural income under their own laws. What is Agricultural Income? Agricultural income is defined under Section 2(1A) and includes: Rent or Revenue from Agricultural Land Income from leasing agricultural land in India. Example: A

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Section 10(2): Amounts Received by a Member from HUF Income

Section 10(2) of the Income Tax Act, 1961, provides a tax exemption for sums received by a member of a Hindu Undivided Family (HUF) out of the family’s income or from an impartible estate. This exemption is based on the principle that HUF members have a pre-existing right to the family’s income, so such receipts are not considered taxable income . Key Conditions for Exemption Under

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Section 10(2A)-Partner’s Share in the Total Income of a Partnership Firm

Section 10(2A) of the Income Tax Act, 1961 in India exempts a partner’s share in the total income of a partnership firm from income tax in the hands of the partner. This provision ensures that the income of the firm, which is already taxed at the firm level, is not taxed again in the hands

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Section 10(4)-Income by way of Interest to Non-Resident

Section 10(4) of the Income Tax Act, 1961 in India provides an exemption for certain types of interest income earned by non-residents or individuals who are not ordinarily resident in India. This section aims to encourage foreign exchange inflows and provide tax relief on specific interest earnings from designated accounts or investments. Provisions of Section

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Section 10(4B)-Income from Interest on Savings Certificates to Non-Resident

Section 10(4B) of the Income Tax Act, 1961 in India provides an exemption for interest income earned by a non-resident Indian (NRI) or a person who is not ordinarily resident on certain savings certificates issued by the Central Government. This provision encourages NRIs to invest in specified savings instruments while ensuring that such income is

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