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Archive: December, 2025

Posts in December, 2025

Government Employee Earning from Upwork: Tax Reporting Visibility vs Employer Conduct Risk 

December 28, 2025 519 Views 0 comment Print

Clarifies how freelance income appears in Form 26AS/AIS/TIS and highlights employer conduct rules. Key takeaway: separate tax compliance from employment obligations to avoid penalties.

Saving Clauses in Tax Legislations: Continuity of Proceedings After Repeal

December 28, 2025 4575 Views 0 comment Print

– CA Lakshman Kumar K – CA Revanth Krishna K  Introduction: In recent times, the Central Government has frequently amended existing laws and, in many cases, replaced old enactments with new legislative frameworks. This trend is particularly evident in tax laws such as the Central Goods and Services Tax Act, 2017 and the Income-tax Act, […]

Buyer Can’t Be Taxed on Builder’s Confession Alone- Third-Party Excel & Statements Not Enough

December 28, 2025 957 Views 0 comment Print

The Tribunal held that additions based solely on third-party statements and Excel data seized from another person cannot survive without independent corroboration. Denial of effective cross-examination rendered the section 69C addition unsustainable.

Indian Tax & GST Position for an Indian Resident Forming a Single-Member US LLC (Delaware) for Digital Product Sales 

December 28, 2025 630 Views 0 comment Print

Indian residents using a US LLC must treat global LLC profits as taxable in India, even if funds remain in a US bank, with careful attention to entity classification and foreign tax credit.

TDS on Instalments for Property Purchase in Joint Names Where Only One Spouse Pays (Under-Construction Property)

December 28, 2025 1668 Views 0 comment Print

When only one spouse pays for a jointly owned property, TDS liability rests with the paying spouse. Builders’ insistence on both PANs does not change statutory responsibility.

Property Purchase from an NRI: When to Deduct and Deposit TDS

December 28, 2025 2229 Views 2 comments Print

Buyers must deduct TDS under Section 195 on amounts paid to NRI sellers, deposit by the 7th of the following month, and not rely on the seller’s capital gains computation.

TDS on Purchase of Property from Joint Sellers Where One Co-owner Is NRI

December 28, 2025 1422 Views 0 comment Print

TDS must be applied separately for resident and NRI co-owners in joint property sales. Proper co-owner-wise calculation prevents default, interest, and legal notices.

Schedule FA Reporting for Jointly Held Foreign Assets Where Other Spouse Has Already Offered Entire Income

December 28, 2025 816 Views 0 comment Print

Each spouse must disclose jointly held foreign accounts and securities in Schedule FA, even if only one spouse reports the income. Proper classification as “Beneficiary” for the non-funding spouse avoids penalties and inconsistencies.

Schedule FA Disclosure of Foreign Company/Bank Account by Resident Individuals

December 28, 2025 2520 Views 0 comment Print

Indian ROR taxpayers must disclose all foreign assets and interests in Schedule FA, even if non-taxable abroad. Non-compliance can trigger strict penalties under the Black Money Act, though a ₹20 lakh carve-out now applies.

Sharp Business System v. CIT‑III (2025): Non‑Compete Fees as Deductible Business Expenses

December 28, 2025 966 Views 0 comment Print

The Supreme Court ruled that payments under non-compete agreements are revenue expenditures if they protect business without creating new assets. Companies can claim such fees as ordinary business expenses under Section 37(1).

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