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Taxchopal Latest Questions

Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 29, 2021In: Income Tax

What is the difference between short term capital assets and long term capital assets?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 21, 2025 at 4:17 pm

    Capital assets are classified as short-term or long-term based on their holding period. The taxation rules for both categories differ under the Income Tax Act, 1961. 1️⃣ Short-Term Capital Assets (STCA) ✔️ Assets held for ≤ 36 months (≤ 3 years) before transfer.✔️ For listed shares, equity mutual fuRead more

    Capital assets are classified as short-term or long-term based on their holding period. The taxation rules for both categories differ under the Income Tax Act, 1961.

    1️⃣ Short-Term Capital Assets (STCA)

    ✔️ Assets held for ≤ 36 months (≤ 3 years) before transfer.
    ✔️ For listed shares, equity mutual funds, and certain securities – holding period ≤ 12 months is considered short-term.
    ✔️ Gains taxed as per slab rates (for individuals) or flat 15% (for equities under Section 111A).
    ✔️ No indexation benefit available.

    2️⃣ Long-Term Capital Assets (LTCA)

    ✔️ Assets held for > 36 months (or > 12 months for equities & specified assets).
    ✔️ Taxed at 20% with indexation (except equities, which are taxed at 10% without indexation if gains exceed ₹1 lakh under Section 112A).
    ✔️ Eligible for exemptions under Sections 54, 54F, 54EC, etc.

    🚨 Key Budget 2024 Updates Considered

    📌 Debt Mutual Funds – Always taxed as short-term, no LTCG benefit.
    📌 Market-Linked Debentures (MLDs) – Always short-term, regardless of holding period.
    📌 REITs & InvITs – Capital repayment now taxable.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 29, 2021In: Income Tax

What is the tax liability on sale of Agricultural Land in rural area as per income tax act?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 21, 2025 at 4:21 pm

    Under the Income Tax Act, 1961, agricultural income is exempt from tax if it is derived from land used for agricultural purposes in a rural area. This means that if you sell agricultural land that qualifies as rural, any capital gains from the sale are generally not taxable. Key Points to Consider ERead more

    Under the Income Tax Act, 1961, agricultural income is exempt from tax if it is derived from land used for agricultural purposes in a rural area. This means that if you sell agricultural land that qualifies as rural, any capital gains from the sale are generally not taxable.

    Key Points to Consider

    • Exemption Basis:
      The exemption is provided under Section 10(1) of the Income Tax Act. If the agricultural land meets the criteria (used for agriculture and situated in a rural area), the gains on its sale are not included in taxable income.

    • Definition of Rural Agricultural Land:
      To qualify as rural, the land should be located outside the jurisdiction of a municipality or a cantonment board. Proper land use and title documents are necessary to confirm its status.

    • Documentation:
      Keep all relevant documents, such as land records and usage certificates, to support the claim that the property is agricultural land in a rural area.

    Conclusion

    If your agricultural land qualifies as rural under the criteria set out in Section 10(1) of the Income Tax Act, any capital gains on its sale will be tax-exempt. This benefit is aimed at supporting the agricultural sector and rural development.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 29, 2021In: Income Tax

What is capital assets as per income tax act, whether stock in trade is considered as capital assets?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 21, 2025 at 4:24 pm

    nder the Income Tax Act, 1961, a “capital asset” is broadly defined in Section 2(14). It includes property of any kind held by an assessee, whether or not connected with their business or profession. However, this definition comes with several exclusions. Key Exclusion: Stock-in-Trade Stock-in-TradeRead more

    nder the Income Tax Act, 1961, a “capital asset” is broadly defined in Section 2(14). It includes property of any kind held by an assessee, whether or not connected with their business or profession. However, this definition comes with several exclusions.

    Key Exclusion: Stock-in-Trade

    • Stock-in-Trade Is Not a Capital Asset:
      Items held for the purpose of sale in the ordinary course of business—such as inventory, raw materials, or finished goods—are classified as stock-in-trade and do not fall under the definition of capital assets.

    • Why This Matters:
      Capital gains on the sale of capital assets are taxed differently from business income. Since stock-in-trade is part of normal business inventory, any profit from its sale is treated as business income, not as capital gains.

    In Summary

    • Capital Asset:
      Defined under Section 2(14) of the Income Tax Act and includes property held for investment or personal use.
    • Exclusion:
      Stock-in-trade is excluded from the definition of capital assets because it is part of the inventory used in the normal course of business.

    This distinction is crucial for determining the applicable tax treatment on the sale of assets. For capital assets, capital gains tax rules apply, while profits from stock-in-trade are taxed as business income.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 27, 2021In: Income Tax

When the deduction of advertisement is not not allowed under income tax act?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 25, 2025 at 2:15 pm

    Under the Income Tax Act, 1961, advertisement expenses are typically allowed as a deduction under Section 37(1) if they are incurred wholly and exclusively for business or profession. However, certain circumstances lead to their disallowance: 1. Advertisement for Political Purposes Expenses incurredRead more

    Under the Income Tax Act, 1961, advertisement expenses are typically allowed as a deduction under Section 37(1) if they are incurred wholly and exclusively for business or profession. However, certain circumstances lead to their disallowance:

    1. Advertisement for Political Purposes

    Expenses incurred on advertisements directly supporting political parties or political causes are not allowed as deductions. However, contributions to political parties through Electoral Bonds or donations under Section 80GGC may be eligible for tax benefits.

    2. Advertisements Resulting in Capital Expenditure

    If the advertisement expense creates a long-term brand value, such as launch campaigns, logo redesigns, or promotional hoardings with permanent benefits, it may be classified as a capital expense and not deductible as a business expense. However, depreciation under Section 32 may be available if treated as an intangible asset.

    3. Expenses That Are Prohibited by Law

    Any expenditure incurred for an illegal purpose, violating regulations, or encouraging unlawful activities is not deductible. This includes advertisements promoting banned products, misleading claims, or violations of ethical advertising standards.

    4. Personal Advertisement Expenses

    If the expense is related to personal promotion rather than business (e.g., congratulatory advertisements for individuals, non-business sponsorships), it is not deductible. Only business-related advertising expenses qualify.

    5. Non-Compliance with TDS Requirements

    If an advertisement payment exceeds the prescribed limit and TDS is not deducted as per Section 194C, the expense can be disallowed under Section 40(a)(ia). Ensuring proper TDS compliance is essential to avoid disallowance.

    6. Excessive or Unreasonable Advertisement Expenses

    If the expense is disproportionate to the business scale or unreasonably high, the Assessing Officer may invoke Section 40A(2) to disallow the excessive portion.

    Conclusion
    To ensure the deductibility of advertisement expenses, businesses should maintain proper records, ensure compliance with tax laws, and justify the necessity of expenses for business purposes. Keeping track of TDS deductions, ensuring expenses are revenue in nature, and aligning with business requirements can help prevent tax disallowances.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 27, 2021In: Income Tax

Is income tax deduction of marked to market loss is allowed?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 25, 2025 at 2:17 pm

    Marked-to-market (MTM) losses arise when businesses or traders adjust the value of their assets, liabilities, or financial instruments to reflect fair market value at the end of the financial year. The Income Tax Act, 1961 has specific provisions regarding the deductibility of such losses. 1. ApplicRead more

    Marked-to-market (MTM) losses arise when businesses or traders adjust the value of their assets, liabilities, or financial instruments to reflect fair market value at the end of the financial year. The Income Tax Act, 1961 has specific provisions regarding the deductibility of such losses.

    1. Applicability of MTM Loss Deduction

    MTM losses are generally allowed as a deduction only if they satisfy the following conditions:

    • The loss is realized or recognized as per accounting standards.

    • It is a revenue loss and not a capital loss.

    • The loss is computed following the Income Computation and Disclosure Standards (ICDS) prescribed under the Act.

    2. Disallowance Under Section 40A(3) and Section 37(1)

    • If the MTM loss is notional (i.e., an unrealized loss), it may be disallowed under Section 37(1), as it is not an expense incurred for business.

    • Losses resulting from non-business transactions or capital assets (such as revaluation of land or investments) are not allowed.

    3. ICDS and MTM Loss Deduction

    • ICDS – I mandates that expected losses should be recognized only if permitted under the Act.

    • ICDS – VI (Foreign Exchange Gains/Losses) allows MTM losses on monetary items but not on capital account transactions.

    • ICDS – VIII (Securities) permits deduction of MTM losses only for securities held as stock-in-trade.

    4. Loss on Derivative Contracts

    • Section 43(5) considers derivative trading in recognized stock exchanges as a non-speculative business, allowing deduction for MTM losses.

    • However, speculative MTM losses in unregulated derivatives may not be deductible.

    5. Judicial Precedents

    Several courts have allowed MTM losses if they are business expenses, such as for banks, financial institutions, or traders. However, notional losses due to mere valuation adjustments are typically not allowed as deductions.

    Conclusion

    The deductibility of MTM losses depends on their nature, compliance with ICDS, and whether they are realized or unrealized. To claim deductions, businesses should ensure proper accounting treatment and classify the losses as business expenses rather than capital losses.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 27, 2021In: Income Tax

Can we get income tax deduction of Bed debts and provision for doubtful debts?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 25, 2025 at 2:19 pm

    Under the Income Tax Act, 1961, bad debts and provisions for doubtful debts are treated differently for deduction purposes. The law allows actual bad debts as a deduction under certain conditions, while provisions for doubtful debts are generally not deductible. 1. Deduction for Bad Debts [Section 3Read more

    Under the Income Tax Act, 1961, bad debts and provisions for doubtful debts are treated differently for deduction purposes. The law allows actual bad debts as a deduction under certain conditions, while provisions for doubtful debts are generally not deductible.

    1. Deduction for Bad Debts [Section 36(1)(vii)]

    A bad debt is a debt that has become irrecoverable and is written off from the books of accounts. The following conditions must be satisfied for claiming a deduction:
    ✅ The debt must have been included as income in earlier years.
    ✅ The debt must be related to the business or profession carried on by the taxpayer.
    ✅ The debt should be actually written off in the books of accounts in the year in which the deduction is claimed.

    🔹 Important: Writing off the debt in the books of accounts is mandatory—mere provision for bad debts will not be allowed as a deduction.

    2. Deduction for Provision for Doubtful Debts [Section 36(1)(viia)]

    Normally, a provision for doubtful debts (i.e., expected bad debts that may occur in the future) is not deductible. However, an exception exists for banks, financial institutions, and NBFCs:

    • Scheduled Banks & Cooperative Banks: Deduction up to 8.5% of total income (before deductions) and 10% of rural advances.

    • NBFCs: Deduction up to 5% of total income on provisions for doubtful debts.

    3. When Bad Debt Recovery is Taxable [Section 41(4)]

    If a bad debt, which was earlier allowed as a deduction, is subsequently recovered, it must be offered as income in the year of recovery.

    4. Key Judicial Decisions & Practical Considerations

    • The Supreme Court (T.R.F. Ltd. case) has ruled that if a bad debt is written off in the books, the deduction cannot be denied merely because the assessee failed to prove irrecoverability.

    • Businesses should document communication with the debtor (reminders, legal notices) to substantiate the claim in case of scrutiny.

    Conclusion

    • Bad debts actually written off in the books are allowed as a deduction.

    • Provision for doubtful debts is generally not allowed, except for certain financial institutions.

    • Recovered bad debts must be offered as income in the year of recovery.

    For businesses, maintaining proper records and ensuring compliance with Section 36(1)(vii) & (viia) is crucial for claiming these deductions.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 27, 2021In: Income Tax

What is the provision of section 43B under Income Tax Act?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 25, 2025 at 2:21 pm

    Section 43B of the Income Tax Act, 1961 is a significant provision that deals with allowability of certain expenses on a payment basis. This section ensures that specific liabilities are deductible only when they are actually paid, irrespective of the method of accounting followed by the taxpayer. 1Read more

    Section 43B of the Income Tax Act, 1961 is a significant provision that deals with allowability of certain expenses on a payment basis. This section ensures that specific liabilities are deductible only when they are actually paid, irrespective of the method of accounting followed by the taxpayer.

    1. Key Provisions of Section 43B

    As per Section 43B, the following expenses are allowed as a deduction only in the year of actual payment:

    🔹 Taxes & Duties: Any tax, duty, cess, or fee payable under any law (e.g., GST, excise duty, customs duty, etc.).
    🔹 Employer’s Contribution to Provident Fund (PF) & Other Welfare Funds: Employer’s contribution to PF, ESI, superannuation fund, gratuity fund, etc. is deductible only if paid before the due date under the respective law.
    🔹 Bonus & Commission to Employees: Deductible only when paid.
    🔹 Interest on Loans from Banks & Financial Institutions: Interest on borrowed capital from banks, public financial institutions, or NBFCs is allowed only if actually paid.
    🔹 Leave Encashment: Deduction for leave encashment is allowed only if the amount is paid.
    🔹 Payments to Railways: Any sum payable to the Indian Railways for freight charges is deductible only when paid.

    2. Exception: Payment Before the Due Date of Filing ITR

    An exception exists under the first proviso to Section 43B, which states that if the payment is made before the due date of filing the income tax return (ITR) under Section 139(1), the expense is still allowed in the same financial year. This is particularly relevant for loan interest, tax payments, and statutory contributions.

    3. Disallowance & Impact on Businesses

    • If an assessee claims a deduction without making the actual payment, the tax authorities will disallow the expense, increasing the taxable income.

    • Non-payment of employer’s PF or ESI within the due date under the respective Act (not ITR due date) results in permanent disallowance, as per recent judicial rulings.

    4. Key Amendments & Judicial Rulings

    • Amendment in Finance Act 2023: Clarified that employer’s contribution to PF/ESI is deductible only if deposited within the due date of the respective law, not the ITR due date.

    • SC Ruling in Checkmate Services (P) Ltd. case reaffirmed this principle, ensuring strict compliance with PF/ESI payment deadlines.

    5. Practical Considerations

    ✅ Maintain proper records of payments to claim deductions.
    ✅ Ensure that statutory dues like GST, PF, and ESI are deposited on time to avoid disallowance.
    ✅ If payments are delayed, pay before filing ITR to claim deductions in the same year.

    Conclusion

    Section 43B is a crucial provision ensuring timely payments of statutory and financial liabilities. Businesses must align their accounting and payment cycles to avoid disallowances and ensure maximum tax benefits.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 27, 2021In: Income Tax

What is the tax treatment of zero coupon bonds under Income Tax Act?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 25, 2025 at 2:24 pm

    Tax Treatment of Zero Coupon Bonds under the Income Tax Act 1. What are Zero Coupon Bonds? Zero Coupon Bonds (ZCBs) are debt instruments issued at a discount to their face value but do not pay periodic interest. Instead, the investor earns a return when the bond is redeemed at its maturity value, whRead more

    Tax Treatment of Zero Coupon Bonds under the Income Tax Act

    1. What are Zero Coupon Bonds?

    Zero Coupon Bonds (ZCBs) are debt instruments issued at a discount to their face value but do not pay periodic interest. Instead, the investor earns a return when the bond is redeemed at its maturity value, which is higher than the purchase price.

    2. Taxation of Zero Coupon Bonds

    ✅ For Individual & Non-Business Holders:

    • The difference between the redemption value and the purchase price is treated as Capital Gains.

    • Holding Period Classification:

      • Short-Term Capital Gains (STCG): If held for ≤ 12 months (for listed ZCBs) or ≤ 36 months (for unlisted ZCBs), taxed as per slab rates.

      • Long-Term Capital Gains (LTCG): If held for > 12 months (for listed ZCBs) or > 36 months (for unlisted ZCBs), taxed at 10% without indexation under Section 112.

    ✅ For Businesses & Traders (Held as Stock-in-Trade):

    • Any gain on maturity is treated as business income under Section 28 and taxed at applicable slab rates.

    ✅ TDS Applicability:

    • If the ZCB is issued by a company or institution, TDS (Tax Deducted at Source) may apply at the time of maturity under Section 193, unless exempted.

    3. Special Tax Treatment for Government-Notified ZCBs

    • As per Section 2(48) of the Income Tax Act, ZCBs notified by the Central Government enjoy special tax benefits.

    • The difference between issue and redemption price is not taxed annually but only on maturity as capital gains.

    4. Practical Considerations

    ✔ Keep records of purchase price & redemption value for accurate tax computation.
    ✔ If investing in listed ZCBs, take advantage of the lower holding period for LTCG.
    ✔ Ensure TDS compliance if applicable.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 27, 2021In: Income Tax

What is zero coupon bond?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 25, 2025 at 2:29 pm

    1️⃣ General Provision for Deduction of Interest As per Section 36(1)(iii) of the Income Tax Act, 1961, interest paid on capital borrowed for the purpose of business or profession is allowed as a deduction from business income. However, if the borrowed capital is used to acquire a capital asset, specRead more

    1️⃣ General Provision for Deduction of Interest

    As per Section 36(1)(iii) of the Income Tax Act, 1961, interest paid on capital borrowed for the purpose of business or profession is allowed as a deduction from business income. However, if the borrowed capital is used to acquire a capital asset, special rules apply.


    2️⃣ When is the Deduction Allowed?

    ✔️ If the capital is borrowed for acquiring a capital asset, the interest expense can be deducted, but the timing of deduction depends on the asset’s usage status:

    📌 Before the asset is put to use:

    • Interest incurred up to the date when the asset is first put to use is not allowed as an immediate deduction.

    • Instead, it is capitalized and added to the cost of the asset.

    • This capitalized interest becomes part of the depreciable cost of the asset and is claimed as depreciation over time.

    📌 After the asset is put to use:

    • Interest paid on the borrowed capital after the asset is put to use is allowed as a deduction in the year in which it is incurred.


    3️⃣ Special Cases & Exceptions

    💡 For House Property (Section 24(b))

    • Interest on capital borrowed for purchasing, constructing, repairing, or reconstructing a house property is deductible under Section 24(b) as follows:
      ✅ For self-occupied property: Up to ₹2,00,000 per annum.
      ✅ For let-out property: Full interest is deductible.

    💡 For Capital Gains Computation

    • If capital is borrowed for acquiring a capital asset (not for business use), the interest paid before the transfer of the asset is added to the cost of acquisition under Section 48 while computing capital gains.


    4️⃣ Illustration

    🔹 Example 1 (Business Asset): A company borrows ₹50 lakh for purchasing machinery. The machine is installed after one year. The interest for the first year is capitalized, while later interest is deducted from business income.

    🔹 Example 2 (House Property): Mr. X takes a home loan of ₹30 lakh at 8% interest. He can claim ₹2 lakh per annum under Section 24(b) if the house is self-occupied.


    5️⃣ Conclusion

    ✅ Interest deduction depends on whether the capital asset is put to use.
    ✅ Before use – Interest is capitalized; After use – Interest is deductible.
    ✅ Special provisions apply to house property and capital gains computation.

    Understanding these provisions ensures maximum tax benefits while acquiring capital assets using borrowed funds! 🚀

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 27, 2021In: Income Tax

How to get deduction of interest paid on capital borrowed for acquiring a capital assets?

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