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Delay in TDS/TCS deposit was arguably not punishable under the 1961 Act on strict interpretation, but from FY 2026-27, new law clearly penalizes delays beyond return filing deadlines.
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Covers complete TDS and TCS compliance under GST including new metal scrap rules. Provides step-by-step guidance for businesses and professionals.
Form 43 is issued by the Income Tax Department to certify Indian tax residency for DTAA claims. It is essential for taxpayers seeking relief from double taxation in foreign jurisdictions.
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.
