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Taxchopal Latest Questions

CA Manish Kumar Gupta
CA Manish Kumar GuptaEnlightened
Asked: December 14, 2023In: Income Tax

What are the new changes in Section 115a of Income Tax Act?

  1. CA Vishnu Ram Enlightened
    Added an answer on February 27, 2025 at 10:58 am

    The Finance Act, 2023, introduced a significant amendment to Section 115A of the Income Tax Act, impacting non-residents earning royalties and fees for technical services (FTS) in India. Key Changes: Increased Tax Rate: The withholding tax rate on royalties and FTS for non-residents has been raisedRead more

    The Finance Act, 2023, introduced a significant amendment to Section 115A of the Income Tax Act, impacting non-residents earning royalties and fees for technical services (FTS) in India.

    Key Changes:

    • Increased Tax Rate: The withholding tax rate on royalties and FTS for non-residents has been raised from 10% to 20%, effective April 1, 2023. This means payments made to non-residents for these services will now attract a higher tax burden, along with applicable cess and surcharge.
    • Impact on Non-Resident Taxpayers: Earlier, non-residents were not required to file tax returns in India if their income consisted only of dividends, royalties, FTS, or interest and if tax was withheld at the prescribed rate. However, due to the increased tax rate, many non-residents may now prefer to claim benefits under the Double Taxation Avoidance Agreement (DTAA) to reduce their tax liability.
    • Additional Compliance for DTAA Benefits: Non-residents seeking DTAA benefits must comply with additional tax filing requirements in India, including:
      • Obtaining a Permanent Account Number (PAN)
      • Furnishing a Tax Residency Certificate (TRC)
      • Submitting a No Permanent Establishment Declaration
      • Electronically filing Form 10F
      • Mandatory Tax Return Filing: Non-residents availing DTAA benefits are now required to file income tax returns in India.
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Answer
CA Manish Kumar Gupta
CA Manish Kumar GuptaEnlightened
Asked: February 2, 2023In: Finance

Is there any summary of Budget 2023?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on February 4, 2023 at 6:26 pm

    HI Hope this summary will work for you: Indirect Taxes 1. Customs duty on goods of textiles, toys, bicycle reduced from 21 to 13% 2. To promote Green Mobility - basic customs duty concession for lithium ion battery 3. To promote Electronics manufacture- relief on customs duty for camera lens and litRead more

    HI Hope this summary will work for you:

    Indirect Taxes
    1. Customs duty on goods of textiles, toys, bicycle reduced from 21 to 13%
    2. To promote Green Mobility – basic customs duty concession for lithium ion battery
    3. To promote Electronics manufacture- relief on customs duty for camera lens and lithium battery
    4. Television – TV panels customs duty reduced
    5. Electric kitchen chimney to reduce inverted duty structure from 7.5 to 15 percent
    6. Benefit for ethanol blending program and acid program and epichlorohydrine
    7 Marine Products- to promote exports – shrimps, etc. Duty on shrimpfeed reduced
    8. Basic Customs duty reduced for seeds in manufacture for diamonds
    9. Customs duty to increase in silver bars
    10. Steel – concessional customs duty on steel and ferrous products
    11. Copper – concessional customs duty on copper
    12. Rubber – concessional customs duty on rubber
    13. Cigarettes – increased tax

    Direct Taxes
    1. Common IT form and grievance redressal system
    2. MSME – avail benefit of presumptive taxation increased to 44AD to 3 crores
    Professionals u/s 44ADA – 75 lakhs
    Provided receipt in cash doesn’t exceed 5%
    3. TDS only on payment for deduction
    4. Co-operatives tax -15%
    Higher limit of 2 lakh per member for cash deposit in agricultural banks
    Higher limit of Rs. 3 crores on TDS for cooperative societies
    5. Startups
    To avail startup benefits from 31-03-2023 to 31-03-2024
    6. 100 new joint commissioners for appeal
    7. S.54 to S.54F capped at 10 crores
    8. TDS on Online gaming –
    9. TDS 30% to 20% on taxable portion of EPF
    10. Extending funds for GIFT and IFSC

    Personal Income Tax
    1. Rebate for income upto 7 lakhs u/s 87A in the new tax regime
    2. New tax regime from
    0-3 lakhs nil
    3-6 lakhs- 5%
    6-9 lakhs 10%
    9-12 lakhs 15%
    12-15 lakhs 20%
    Above 15 lakhs- 30 %
    3. Standard deduction for new tax regime for Rs. 15.5 lakhs or more -52,500
    4. Reduction of highest surcharge from 37% to 25% on new income tax regime
    5. Limit on tax exemption for leave encashment is increased from 3,00,000 to 25,00,000
    6. New income tax regime default regime (option to avail old scheme available)

     

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CA Manish Kumar Gupta
CA Manish Kumar GuptaEnlightened
Asked: November 12, 2022In: Corporate Laws

What are the mandatory conditions for partnership firm in India?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 16, 2025 at 3:20 pm

    Mandatory Conditions for a Partnership Firm in India A Partnership Firm in India is governed by the Indian Partnership Act, 1932. While registration is not mandatory, certain legal and operational conditions must be met for a valid partnership. 1. Minimum Two Partners (Section 4) A partnership mustRead more

    Mandatory Conditions for a Partnership Firm in India

    A Partnership Firm in India is governed by the Indian Partnership Act, 1932. While registration is not mandatory, certain legal and operational conditions must be met for a valid partnership.


    1. Minimum Two Partners (Section 4)

    • A partnership must have at least two persons to form a firm.
    • The maximum number of partners is:
      • 50 (as per Companies Act, 2013).
      • No limit for professional firms (e.g., chartered accountants, lawyers).

    2. Valid Partnership Agreement (Partnership Deed)

    • A written or oral agreement between partners is necessary.
    • A written Partnership Deed is recommended for clarity and legal proof.
    • Essential contents of a Partnership Deed:
      • Name of the firm and partners
      • Capital contribution
      • Profit-sharing ratio
      • Rights and duties of partners
      • Dispute resolution mechanism

    3. Profit Motive

    • The partnership must be formed for lawful business with the intent to earn profit.
    • Non-profit organizations cannot be partnerships.

    4. Shared Responsibility & Liability (Section 25)

    • Partners have unlimited liability, meaning personal assets can be used to pay business debts.
    • Each partner is jointly and severally liable for the firm’s liabilities.

    5. Mutual Agency (Section 18 & 19)

    • Each partner can act as an agent of the firm and bind other partners.
    • Any act done by a partner in the ordinary course of business is binding on the firm.

    6. Registration (Optional but Recommended) – Section 58

    • While registration of a partnership firm is not mandatory, an unregistered firm:
      ❌ Cannot file legal suits against third parties
      ❌ Cannot claim set-off in court
    • Registration requires filing with the Registrar of Firms in the respective state.

    7. PAN & Bank Account

    • A partnership firm must obtain a PAN (Permanent Account Number) from the Income Tax Department.
    • A separate bank account in the firm’s name is required for transactions.

    8. Taxation & Compliance

    • A partnership firm must file Income Tax Returns (ITR-5) annually.
    • GST registration is required if turnover exceeds ₹40 lakh (₹20 lakh for services).
    • TAN (Tax Deduction & Collection Account Number) is needed if TDS is applicable.

    Final Answer

    For a valid Partnership Firm in India, these conditions must be met:
    ✅ Minimum two partners
    ✅ Partnership Deed defining terms
    ✅ Profit-sharing agreement
    ✅ Unlimited liability & mutual agency
    ✅ Optional but recommended registration
    ✅ Compliance with tax laws (PAN, ITR, GST, TAN, etc.)

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CA Manish Kumar Gupta
CA Manish Kumar GuptaEnlightened
Asked: May 12, 2021In: Income Tax

Who is a person as per Income Tax Act?

  1. Swati Teacher
    Added an answer on May 12, 2021 at 6:08 pm

    Definition of “Person” as per section 2(31) of Income Tax Act,1961 “person" includes— (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificiaRead more

    Definition of “Person” as per section 2(31) of Income Tax Act,1961 “person” includes—
    (i) an individual,
    (ii) a Hindu undivided family,
    (iii) a company,
    (iv) a firm,
    (v) an association of persons or a body of individuals, whether incorporated or not,
    (vi) a local authority, and
    (vii) every artificial juridical person, not falling within any of the preceding sub-clauses.
    The word “person” is a very broad term that in itself includes the following:
    1. Individual – It refers to a natural human being whether male or female, minor or major.
    Example – Mr. Manish Gupta
    2. Hindu Undivided Family- Under Hindu Law, an HUF is a family which consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. An HUF cannot be created under a contract, it is created automatically in a Hindu Family. The manager of HUF is called “Karta” and its members are called ‘Coparceners’.
    Example – Mantri parivar with Mr. Vikas, his wife, his brother and his brother’s wife
    3. Company. Company means-
    (i) any Indian company registered under Indian Companies Act 1956
    (ii) any body corporate incorporated by or under the laws of a country outside India, or
    (iii) any institution, association or body which is or was assessable or was assessed as a company for any assessment year under the Indian Income-tax Act, 1922 (11 of 1922) or which is or was assessable or was assessed under this Act as a company for any assessment year commencing on or before the 1st day of April, 1970, or
    (iv) any institution, association or body, whether incorporated or not and whether Indian or non-Indian, which is declared by general or special order of the Board to be a company:
    Provided that such institution, association or body shall be deemed to be a company only for such assessment year or assessment years (whether commencing before the 1st day of April, 1971 or on or after that date) as may be specified in the declaration;
    Example – Tata Motors Ltd.
    4. Firm – Section 2(23)(i) of the Income-tax Act, 1961 takes the meaning of the “firm ” from Indian Partnership Act, 1932. Section 4 of the Indian Partnership Act, 1932 defines firm as under:
    “Persons who have entered into partnership with one another are called individually “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm name”.
    The firm shall include a limited liability partnership as defined in the Limited Liability Partnership Act, 2008. Section 2(1)(n) of the Limited Liability Partnership Act, 2008 defines “limited liability partnership” as a partnership formed and registered under the Act.

    Example – Mantri & Company. (CA firm)
    5. Association of Persons (AOP) or Body of Individuals (BOI)- AOP or BOI shall be deemed to be a person, whether or not, they were formed or established or incorporated with the object of deriving income, profits or gains.
    When persons combine together to carry on a joint enterprise and they do not constitute partnership under the ambit of law, they are assessable as an association of persons. There must be common purpose, and common action to achieve common purpose i.e. to earn income.
    An AOP can have firms, companies, associations and individuals as its members.
    A body of individuals (BOl) cannot have non-individuals as its members. Only natural human beings can be members of a body of individuals.
    Whether a particular group is AOP. or BOl. is a question of fact to be decided in each case separately.
    Example – Goregaon Sports Club (BOI)
    Example – Markfed (AOP)

    6. Local Authority. Municipality, Panchayat, Cantonment Board, Port Trust etc. are called local authorities.
    Example – A Village Panchyat.

    7. Artificial Juridical Person. A public corporation established under special Act of legislature and a body having juristic personality of its own are known to be Artificial Juridical Persons. Universities are an important example of this category.
    Example – Rajasthan University

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