The issue was whether DTAA benefits can be claimed without a TRC. It was clarified that Form 42 is essential to obtain a Tax Residency Certificate, without which treaty benefits may not be granted. Filing ensures compliance with cross-border tax requirements.
Form 41 is compulsory for non-residents claiming DTAA benefits on income earned in India. Without filing this form along with TRC, treaty relief is denied and higher TDS is applied. This makes compliance essential for tax efficiency.
The issue was whether tax deferral can be claimed without exercising the option. It was held that filing Form 40 is mandatory to avail relief under section 158. Without it, income may be taxed on accrual basis in India, leading to double taxation.
Form 39 must be filed to claim relief under Section 157(1) when income like arrears or gratuity is received in lump sum. It helps reduce excess tax due to income bunching and ensures correct tax computation. Filing is compulsory for valid claims.
The issue was whether deduction can be claimed without proof of inward remittance. It was held that Form 38 is mandatory to establish repatriation of income. Without it, deduction under sections 151 or 152 cannot be allowed.
The law requires resident patentees to file Form 37 to claim deduction on royalty income. Without this certificate, the deduction under section 152(5) cannot be allowed. Timely filing with proper certification ensures eligibility and avoids denial of tax benefits.
Form 36 is a mandatory certificate under section 151(5) of the Income-tax Act, 2025, required for authors claiming deduction on royalty income, copyright fees, or similar consideration from scientific, literary, or artistic books.
The issue was whether deductions can be claimed without filing Form 35. It was held that filing the audit report is mandatory, and absence leads to denial of benefits.
Form No. 34 under the Income-tax Rules, 2026 is a mandatory report for audited assessees claiming deduction under Section 146 of the Income-tax Act, 2025 for additional employee cost. It replaces Form 10DA and must be filed along with the return of income and audit report.
Taxpayers must file Form 33 to claim SEZ deduction on profits. Proper reporting of reserve utilisation and asset purchase is essential for eligibility.
