EasyTax Tax Knowledge Hub • AY 2025-26

How Can Our Tax Experts Help You Today?

Clear, CA-verified answers on ITR filing, New vs Old Tax Regime, GST compliance, Section 143(1) notices, capital gains, and NRI taxation.

Showing 26 tax questions answered by qualified CAs

Income Tax Return & Salaried Employees

Starting from AY 2024-25 and enhanced in Budget 2024 (AY 2025-26), the New Tax Regime under Section 115BAC is the default tax regime with revised lower slab rates and an increased Standard Deduction of ₹75,000 for salaried employees.

Key Highlights & Decision Framework:

  • Zero Tax up to ₹7.75 Lakhs: Under the New Regime, if your taxable income is up to ₹7,00,000, Section 87A rebate wipes out your entire tax. Combined with the ₹75,000 standard deduction, salary income up to ₹7,75,000 is 100% tax-free.
  • When to stick with the Old Regime: The Old Regime is beneficial only if your total deductions (Section 80C up to ₹1.5L, Section 80D health insurance up to ₹75k, HRA house rent exemption, Section 24 home loan interest up to ₹2L, NPS 80CCD(1B)) exceed ₹3.75 Lakhs to ₹4.25 Lakhs depending on your income bracket.
  • Regime Switching Flexibility: Salaried individuals can choose between regimes each year while filing ITR-1 or ITR-2. However, individuals with business or professional income (ITR-3/ITR-4) can opt out of the new regime only once in their lifetime using Form 10-IEA.

Not sure which saves you more? Upload your Form 16 to our EasyTax Return Filing Tool to see side-by-side computation in seconds.

Yes, absolutely. While Form 16 makes filing convenient, it is not mandatory to submit Form 16 to file an Income Tax Return. You can accurately file your return using the following documents:

  • Monthly Payslips: Collate all 12 payslips from April to March to calculate gross salary, allowances (HRA, LTA), and deductions like Provident Fund (EPF) and professional tax.
  • AIS & TIS (Annual Information Statement): Download your AIS/TIS from the income tax portal. It contains your total salary reported by your employer, dividend income, and bank interest.
  • Form 26AS: Verifies the exact Tax Deducted at Source (TDS) deposited by your employer with TAN details.
  • Bank Statements: To report savings account interest (eligible for 80TTA deduction under old regime) and confirm actual salary credits.

Our CAs specialize in preparing reconciliations for employees whose employers delayed or withheld Form 16.

If you fail to file your ITR by the original due date (usually July 31st for individuals), you can still file a Belated Return under Section 139(4) until December 31st of the relevant Assessment Year. However, the following penalties apply:

  • Late Filing Fee u/s 234F: ₹5,000 if your total taxable income exceeds ₹5,00,000. For taxable income up to ₹5,00,000, the fee is capped at ₹1,000.
  • Interest on Unpaid Tax u/s 234A: Simple interest at 1% per month or part of a month on the remaining tax liability computed from the due date until the actual date of filing.
  • Loss of Carry-Forward Benefits: You will not be allowed to carry forward business losses, speculative losses, or capital losses (from shares, mutual funds, or real estate) to offset future profits.
  • New vs Old Regime Inflexibility: You forfeit the right to opt for the Old Tax Regime if filing late; your return defaults strictly to the New Regime.

When you switch companies mid-year, both employers independently consider basic tax exemption limits and deduct standard deduction (₹50k/₹75k), leading to lower TDS deducted throughout the year. If you do not aggregate both properly, you will face surprise tax liabilities and interest upon filing.

Correct Process:

  1. Combine the gross salary from Part B of both Form 16s under Income from Salary.
  2. Claim Standard Deduction only once (₹75,000 for AY 2025-26 under new regime).
  3. Sum up the TDS deducted from both Part A certificates and credit it against your total calculated tax liability.
  4. Pay any shortfall as Self-Assessment Tax (Challan 280) before submitting the return to avoid Section 234B/234C interest penalties.

Normally, refunds are issued within 10 to 45 business days after your return is successfully e-verified and processed by CPC Bangalore under Section 143(1). Common causes for delays include:

  • Bank Account Not Pre-Validated: Your refund will fail if the nominated bank account is not pre-validated or if the PAN name does not match the bank account holder's name.
  • TDS Mismatch: If TDS claimed in your return exceeds the amount reflected in Form 26AS/AIS, the system halts refund issuance for verification.
  • Past Outstanding Tax Demands: The department may adjust your refund against an outstanding demand from earlier assessment years under Section 245.

Tracking Status: You can check your live refund dispatch status on the NSDL TIN portal by entering your PAN and Assessment Year, or via your EasyTax dashboard.

Under Section 139(8A), taxpayers can file an Updated Return (ITR-U) up to 24 months from the end of the relevant Assessment Year if they missed filing their return entirely or under-reported their income.

  • Within 12 months: Pay additional tax of 25% on tax + interest due.
  • Between 12 to 24 months: Pay additional tax of 50% on tax + interest due.
  • Key Restrictions: ITR-U cannot be used to declare a nil return, claim or increase a refund, or report a loss. It is designed to declare omitted income and regularize tax affairs voluntarily.

GST Compliance & Business Taxation

GST registration is legally mandatory under the following thresholds:

  • Service Providers & Freelancers: When aggregate annual turnover across all states exceeds ₹20 Lakhs (₹10 Lakhs for special category northeastern states).
  • Goods Suppliers / Traders: When turnover from intra-state supply of goods exceeds ₹40 Lakhs (subject to specific state conditions).
  • Interstate Supplies: Mandatory irrespective of turnover if you sell goods to another state (though service providers enjoy an exemption up to ₹20 Lakhs).
  • E-Commerce Sellers: Selling goods via Amazon, Flipkart, or Meesho mandates GST registration from day one.

EasyTax provides fast 3-day GST Registration Services with complete document drafting.

Under strict amendments to Rule 36(4) and Section 16(2)(aa) of the CGST Act, you can only claim ITC that is reflected in your auto-generated GSTR-2B statement.

  • Automated GSTR-2B Reconciliation: Compare invoices in your purchase books with GSTR-2B before filing monthly GSTR-3B. Do not claim ITC for invoices missing from GSTR-2B.
  • Vendor Compliance Monitoring: Follow up with defaulting vendors who received your GST payment but failed to file their GSTR-1 by the 11th of the month.
  • Blocked Credits u/s 17(5): Ensure you explicitly reverse ineligible ITC on motor vehicles, personal consumption items, employee health memberships, and food & beverages.

Presumptive taxation relieves small business owners and professionals from maintaining tedious account books or going through tax audits, allowing filing on ITR-4:

  • Section 44ADA for Professionals: Applies to software developers, doctors, lawyers, architects, and technical consultants. You can declare a minimum of 50% of gross receipts as taxable profit. The turnover limit was raised to ₹75 Lakhs (if digital receipts exceed 95%).
  • Section 44AD for Businesses: Small businesses declare profit at 6% for digital/banking receipts and 8% for cash receipts. Turnover ceiling is ₹3 Crores (if digital receipts are at least 95%).
  • No need to preserve expense receipts or undergo tax audits under Section 44AB.

Yes, filing is mandatory even with zero turnover. Once you hold an active GSTIN, you must submit both GSTR-1 and GSTR-3B every single tax period.

  • Failure to file incurs an automated late fee of ₹20 per day for Nil returns (up to ₹500 per return).
  • Continuous non-filing for 6 consecutive months leads to the automated suspension and cancellation of your GST registration by the GST portal.
  • You can file Nil returns easily in under 1 minute via SMS or through our simplified one-click dashboard.

The Composition Scheme is designed for small manufacturers and traders with turnover under ₹1.5 Crores (₹75 Lakhs in special states):

  • Benefits: Pay a nominal flat rate (1% for manufacturers/traders, 5% for restaurants). File quarterly summary returns via CMP-08 instead of detailed monthly invoice returns.
  • Drawbacks: You cannot issue tax invoices, cannot collect GST from your buyers, cannot claim Input Tax Credit on your purchases, and cannot supply goods outside your home state.

Income Tax Notices & Scrutiny Management

An Intimation under Section 143(1) is an automated preliminary processing comparison between the figures you filed and the records computed by the Central Processing Centre (CPC).

Follow this 3-Step Verification Protocol:

  1. Review the Comparison Table: Check column "As Provided by Taxpayer" vs column "As Computed Under Section 143(1)". Identify where the discrepancy lies (often disallowance of Chapter VI-A deductions, incorrect regime calculation, or TDS credit mismatch).
  2. If You Agree with the Demand: Pay the outstanding tax via Challan 280 (Minor Head 400 - Tax on Regular Assessment) within 30 days to stop interest under Section 220.
  3. If You Disagree: Do not ignore it. File an online disagreement response under e-Proceedings > Response to Outstanding Demand on the income tax portal, or submit a Rectification Request under Section 154.

EasyTax provides dedicated Notice Assistance where our senior CAs draft legal responses on your behalf.

A return is flagged as defective under Section 139(9) when critical information or schedules are incomplete or inconsistent with data in the e-filing system. Examples include:

  • Selecting ITR-1 or ITR-4 when you have capital gains or unlisted shareholdings that require ITR-2 or ITR-3.
  • Gross receipts reported in P&L differ from receipts upon which TDS was deducted in 26AS.
  • Missing balance sheet details (Sundry Debtors/Creditors, Cash-in-hand) in presumptive taxation returns.

Strict Deadline: You must rectify the defect within 15 days of receiving the email notice. Failure to respond treats the return as invalid, meaning it is as if you never filed your return.

The Income Tax Department's AIS captures virtually all high-value financial footprints reported by reporting entities (SFT). Common reasons for mismatch:

  • Savings & FD Interest: Many taxpayers forget to report savings account interest (reflected in AIS under SFT-005) or bank fixed deposit interest where no TDS was deducted.
  • Mutual Fund Redemptions & Share Sales: AIS reports the full sale turnover rather than just the net capital gains.
  • Credit Card Spends > ₹10 Lakhs: Large card settlements trigger inquiries if reported salary income is lower.
  • Incorrect Reporting: If a reporting bank reported a transaction incorrectly or attributed another person's PAN to you, you can submit online feedback within the AIS portal: "Information is not correct" or "Information relates to other PAN".

A notice under Section 148A is issued when the Assessing Officer possesses concrete information suggesting that taxable income has escaped assessment in past years:

  • Time Limits: The department can reopen assessments up to 3 years for normal omissions, and up to 5 to 10 years if the alleged escaped income exceeds ₹50 Lakhs (e.g. real estate cash components or foreign assets).
  • Opportunity to be Heard (Section 148A(b)): You are given between 7 to 30 days to submit an evidentiary rebuttal explaining the legitimacy of your funds and past tax payments.
  • Action Required: Never submit a generic reply. Contact a qualified Chartered Accountant immediately to verify jurisdiction, limitation dates, and compile documentary evidence.

Capital Gains, Stocks & Crypto Taxation

Budget 2024 introduced sweeping rationalization for capital gains realized on or after July 23, 2024:

  • Listed Equity & Equity Mutual Funds:
    • LTCG (Held > 12 months): Tax rate increased from 10% to 12.5%. However, the annual tax-free exemption threshold was increased from ₹1 Lakh to ₹1.25 Lakhs per financial year.
    • STCG (Held ≤ 12 months): Tax rate increased from 15% to 20% under Section 111A.
  • Real Estate & Unlisted Assets:
    • LTCG rate reduced to 12.5% without indexation.
    • Grandfathering amendment: For properties acquired prior to July 23, 2024, resident individuals can compute tax under both methods (12.5% without indexation OR 20% with indexation) and pay whichever is lower!

Under Section 115BBH, all income derived from the transfer of Virtual Digital Assets (Bitcoin, Ethereum, Altcoins, NFTs) is subject to a strict regime:

  • Flat 30% Tax + 4% Cess: Regardless of your overall income slab or holding duration.
  • No Expense Deductions: Only the direct acquisition cost is deductible. Mining electricity, internet charges, trading software, or platform fee costs cannot be deducted.
  • No Loss Offset or Carry Forward: A loss in one cryptocurrency (e.g. Bitcoin) cannot be set off against gains in another crypto (e.g. Ethereum) or any salary/business income.
  • 1% TDS under Section 194S: Deducted on all crypto transfers exceeding ₹50,000 annually (₹10,000 in certain cases).

In India, trading in derivative contracts (Futures & Options) is categorized as Non-Speculative Business Income, while equity intraday trading is treated as Speculative Business Income. They must be filed under ITR-3.

  • Turnover Calculation: F&O turnover is computed as the absolute sum of positive and negative differences of each contract, plus premium received on options sale.
  • Expense Deductions Allowed: You can claim brokerages, STT (under business income), trading desk internet charges, subscriptions, and advisor fees against your trading gains.
  • Tax Audit Applicability (Section 44AB): Tax audit is required only if trading turnover exceeds ₹10 Crores (with 95%+ digital transactions) OR if you declare losses/lower profit under presumptive limits having opted out of 44AD previously.

You can legally exempt long-term capital gains earned from selling a residential house using two main statutory avenues:

  • Section 54 Reinvestment: Reinvest the capital gains amount into purchasing another residential house property (1 year before or up to 2 years after the date of transfer) or constructing a house within 3 years. Exemption is capped at ₹10 Crores.
  • Section 54EC Capital Gains Bonds: Invest up to ₹50 Lakhs within 6 months of sale in designated 5-year lock-in bonds issued by NHAI, REC, PFC, or IRFC.
  • Capital Gains Account Scheme (CGAS): If you cannot finalize a new property purchase before the ITR due date, deposit the unutilized capital gains into a CGAS account with a public bank to protect the exemption.

NRI Taxation & Foreign Income Compliance

Residential status depends entirely on your physical stay in India during the financial year (April 1 to March 31):

  • Non-Resident (NR): If you stay in India for less than 182 days in the financial year (or less than 60 days if leaving India for overseas employment). As an NR, only income that accrues or is received in India is taxable. Overseas salary is 100% tax-exempt.
  • Resident but Not Ordinarily Resident (RNOR): A transitional relief status for returning NRIs where foreign income remains non-taxable in India for 1 to 3 years.
  • Resident and Ordinarily Resident (ROR): Global worldwide income (Indian and overseas) becomes taxable in India.

Taxation depends on the type of account you maintain under FEMA regulations:

  • NRE (Non-Resident External) Account: Interest earned is completely tax-free in India under Section 10(4)(ii). Both principal and interest are fully repatriable overseas.
  • FCNR (Foreign Currency Non-Resident) Account: Interest earned in foreign currency is completely tax-free until you remain a non-resident or RNOR.
  • NRO (Non-Resident Ordinary) Account: Interest is taxable at 30% plus cess (total ~31.2%). However, you can significantly lower this rate (usually to 10%–15%) by providing a Tax Residency Certificate (TRC) under the Double Tax Avoidance Agreement (DTAA).

India has signed comprehensive Double Tax Avoidance Agreements (DTAA) with over 85 countries (including USA, UK, UAE, Singapore, Canada, Germany) to prevent the same income from being taxed twice:

  • Foreign Tax Credit (FTC) under Section 90/91: You can claim credit for taxes already paid in the foreign country against your Indian tax liability.
  • Mandatory Form 67: To claim FTC, you must submit Form 67 online on the e-filing portal before filing your ITR or before the end of the assessment year.
  • Documentation: Keep your foreign W-2, P60, or tax payment receipt and Tax Residency Certificate (TRC) handy.

Yes, mandatory for all Resident and Ordinarily Resident (ROR) taxpayers. Even holding a single share of a foreign parent company (via vested RSUs, ESPP, or broker platforms like Indmoney or Vested) triggers mandatory reporting under Schedule FA (Foreign Assets) in ITR-2 or ITR-3.

  • You must declare peak balance, closing balance, foreign broker name, address, and dividend income converted to INR using SBI telegraphic transfer rates.
  • Hefty Penalty: Failure to disclose or inaccurate disclosure of foreign assets carries a penalty of ₹10 Lakhs under Section 43 of the Black Money (Undisclosed Foreign Income and Assets) Act, 2015.

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Our CA-assisted filing gives you end-to-end peace of mind with 4 simple steps:

  1. Upload Documents: Securely upload your Form 16, capital gains statement, or trading P&L via web or WhatsApp.
  2. Expert Assignment: A qualified Chartered Accountant is matched to your tax profile within 2 hours.
  3. Review & Tax Optimization Call: Your CA identifies missed deductions (HRA, 80D, 80G, LTA), computes both regimes, and shares a draft tax computation.
  4. Filing & ITR-V Delivery: Upon your written approval, your CA files the return on the Income Tax Department portal and delivers your official ITR-V acknowledgment.

We stand behind every return filed through our platform:

  • Maximum Refund Guarantee: Our rule-engine tests over 100+ legal deduction combinations under both regimes to ensure you pay the absolute minimum tax required by law.
  • 100% Accuracy Assurance: Returns prepared by our CAs undergo dual verification before final submission to avoid clerical or computational mismatch errors.
  • Year-Round Notice Shield: If you receive any query or intimation from the Income Tax Department for a return filed through EasyTax, our team assists you in drafting the response at no extra charge.

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