Tag Archive : income tax

In recent times, many so-called โ€œfinfluencersโ€ and โ€œfraudcastersโ€ have been spreading a misleading narrative about taxation. According to them, if your taxable income exceeds โ‚น12,00,000โ€”even by โ‚น1โ€”you will lose the rebate and suddenly have to pay โ‚น62,400+ in taxes. This claim sounds alarming, but it is entirely false.

The above myths emerged immediately after the Budget 2025 without proper interpretation. The summary of personal taxes slabs as per Budget 2025 can be read by clicking here.

Thankfully, the Income Tax Act provides for Marginal Relief, ensuring that an additional โ‚น1 in income does not create an unfair tax burden. Letโ€™s break this down in simple terms.


The Finfluencer & Fraudcast Myth

They claim that if your income is โ‚น12,00,001, your tax liability will jump to โ‚น62,400+. The idea of suddenly losing the rebate sounds frightening and discouraging for taxpayers. However, this is a misinterpretation of tax laws and how rebates work under the new tax regime.


The Truth: Marginal Relief Applies

Under the new tax regime, taxpayers earning up to โ‚น12,00,000 get a rebate under Section 87A, effectively making their tax liability zero. But what happens if your income is โ‚น12,00,001?

Instead of immediately paying โ‚น62,400+ in tax, Marginal Relief ensures that you pay only โ‚น1 in tax!

Yes, you read that right! If your taxable income is just โ‚น1 above โ‚น12,00,000, you will not face a sudden, steep tax burden. Instead, the tax amount is adjusted in such a way that you only pay the additional tax corresponding to the extra income.


What Is the Maximum Income for Marginal Relief?

Marginal relief is available until your income reaches approximately โ‚น12,73,934.

  • If your taxable income is between โ‚น12,00,001 and โ‚น12,73,934, marginal relief ensures you only pay tax on the excess amount above โ‚น12,00,000.
  • Once your income exceeds โ‚น12,73,934, the tax liability surpasses the additional income over โ‚น12,00,000, and marginal relief no longer applies.

Key Takeaways

โœ… Marginal Relief exists to prevent unfair tax jumps.
โœ… If your taxable income is between โ‚น12,00,001 and โ‚น12,73,934, tax is adjusted fairly.
โœ… You do NOT suddenly lose all benefits or pay โ‚น62,400+ in tax for earning โ‚น1 more.
โœ… Donโ€™t believe misleading financial mythsโ€”always check official tax laws!


Frequently Asked Questions (FAQs)

1. What is Marginal Relief?

Marginal Relief is a provision in the Income Tax Act that ensures taxpayers do not face a sudden jump in tax liability when their taxable income slightly exceeds โ‚น12,00,000 under the new tax regime.

2. How does Marginal Relief work?

If your taxable income exceeds โ‚น12,00,000 by a small margin, Marginal Relief ensures that you only pay tax on the excess amount instead of facing a sudden, steep tax liability.

3. Does Marginal Relief apply to all taxpayers?

Marginal Relief applies to taxpayers under the new tax regime whose taxable income is between โ‚น12,00,001 and โ‚น12,73,934.

4. What happens if my income exceeds โ‚น12,73,934?

If your taxable income crosses โ‚น12,73,934, your tax liability exceeds the additional income over โ‚น12,00,000, and Marginal Relief no longer applies.

5. Is it true that earning โ‚น1 more than โ‚น12,00,000 leads to โ‚น62,400+ in taxes?

No, this is a myth. Marginal Relief prevents such an unfair tax burden. If your income is โ‚น12,00,001, your actual tax liability is just โ‚น1, not โ‚น62,400+.

6. How can I ensure I am calculating my tax correctly?

It is always best to consult a qualified Chartered Accountant (CA) to understand your tax liability and Marginal Relief calculations accurately.

7. Where can I get more reliable tax information?

Always refer to official government resources or consult a professional CA instead of relying on misinformation spread by unverified sources online.


Final Thoughts

The idea that a โ‚น1 increase in taxable income can create a huge tax burden is a misconception spread by those who donโ€™t understand taxation properly. Marginal relief is a critical feature in our tax system that ensures fairness and prevents sudden financial shocks. So, the next time someone tells you that earning slightly more will lead to a massive tax jump, youโ€™ll know the truth!

For professional tax guidance, always consult a qualified Chartered Accountant (CA) instead of relying on misleading online advice!

 

 

 

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The Finance Bill, 2025, has introduced changes in personal income tax rates for the Assessment Year (AY) 2026-27. This article provides a detailed overview of the tax slabs under both the new tax regime (default) and the old tax regime (optional) while comparing tax liabilities at different income levels.


Personal Income Tax Rates for AY 2026-27

New Tax Regime (Default) โ€“ Section 115BAC

Total Income (โ‚น) Tax Rate
Upto โ‚น4,00,000 Nil
โ‚น4,00,001 – โ‚น8,00,000 5%
โ‚น8,00,001 – โ‚น12,00,000 10%
โ‚น12,00,001 – โ‚น16,00,000 15%
โ‚น16,00,001 – โ‚น20,00,000 20%
โ‚น20,00,001 – โ‚น24,00,000 25%
Above โ‚น24,00,000 30%
  • Health & Education Cess: 4% applies to the total tax liability.
  • Surcharge: Additional tax for income exceeding โ‚น50 lakh.
  • No deductions or exemptions allowed.

Old Tax Regime (Optional) โ€“ No Change in Rates

Category Income up to โ‚น2.5L โ‚น2.5L – โ‚น5L โ‚น5L – โ‚น10L Above โ‚น10L
Individuals (<60 yrs) Nil 5% 20% 30%
Senior Citizens (60-79 yrs) Nil (โ‚น3L limit) 5% 20% 30%
Super Senior Citizens (80+ yrs) Nil (โ‚น5L limit) 20% 30%
  • Rebate under Section 87A: Available for income up to โ‚น5 lakh (maximum rebate โ‚น12,500).
  • Allows deductions under 80C, 80D, HRA, LTA, etc.

Comparison of Tax Liability under Both Regimes

To understand the impact of these tax rates, let’s compare tax liability for incomes of โ‚น20 lakh, โ‚น30 lakh, and โ‚น40 lakh under both regimes.

Tax Calculation for Different Income Levels

Total Income (โ‚น) New Regime (โ‚น) Old Regime (โ‚น) (After โ‚น2L deductions)
โ‚น20,00,000 โ‚น2,08,000 โ‚น3,66,600
โ‚น30,00,000 โ‚น4,99,200 โ‚น6,78,600
โ‚น40,00,000 โ‚น8,11,200 โ‚น9,90,600

Tax Breakdown for โ‚น20,00,000

โœ… New Regime:

  • Tax on first โ‚น4,00,000 โ€“ Nil
  • โ‚น4,00,001 – โ‚น8,00,000 @ 5% = โ‚น20,000
  • โ‚น8,00,001 – โ‚น12,00,000 @ 10% = โ‚น40,000
  • โ‚น12,00,001 – โ‚น16,00,000 @ 15% = โ‚น60,000
  • โ‚น16,00,001 – โ‚น20,00,000 @ 20% = โ‚น80,000
  • Total Tax = โ‚น2,00,000 + 4% Cess (โ‚น8,000) = โ‚น2,08,000

โœ… Old Regime (After โ‚น2L Deductions โ€“ Net Income โ‚น18,00,000):

  • โ‚น2.5L – โ‚น5L @ 5% = โ‚น12,500
  • โ‚น5L – โ‚น10L @ 20% = โ‚น1,00,000
  • โ‚น10L – โ‚น18L @ 30% = โ‚น2,40,000
  • Total Tax = โ‚น3,52,500 + 4% Cess (โ‚น14,100) = โ‚น3,66,600

Disclaimer:

This article is for informational purposes only and should not be considered as professional tax advice. While every effort has been made to ensure accuracy, tax laws are subject to change, and individual circumstances may vary. Readers are advised to consult with a qualified Chartered Accountant or tax professional before making any tax-related decisions. The author and publisher disclaim any liability for any decisions made based on the content of this article.

 

Introduction

Tax Deducted at Source (TDS) on rent paid to a Non-Resident Indian (NRI) landlord is governed by Section 195 of the Income Tax Act, 1961. If you are paying rent to an NRI landlord, it is essential to comply with TDS deduction regulations to avoid penalties. This article explains the applicable TDS rate, lower TDS deduction process, Form 15CA & 15CB requirements, determination of NRI status, impact of DTAA, Budget 2017 amendments, and consequences of non-compliance, with an example for clarity.

How to Determine Whether a Landlord is an NRI

Before deducting TDS, the tenant must verify if the landlord qualifies as an NRI under the Income Tax Act, 1961. A landlord is considered an NRI if:

  1. Stay in India: The landlord stays in India for less than 182 days in the relevant financial year.
  2. Past Stay Record: If the landlord was in India for less than 365 days in the preceding four years and less than 60 days in the current financial year, they are considered an NRI.
  3. Self-Declaration: In some cases, the landlord can provide a self-declaration (Along with CA Certificate) stating their residential status, which the tenant can verify with relevant documents (passport, visa, or foreign address proof).

If the landlord is an NRI, the tenant must deduct TDS under Section 195, rather than Section 194I applicable to resident landlords.

TDS Rate on Rent Paid to NRI

As per Section 195, the applicable TDS rate on rent paid to an NRI is 30% (plus applicable surcharge & cess) on the gross rent amount. Unlike resident landlords, where TDS is deducted at 10% under Section 194I, rent paid to an NRI is subject to a higher rate.

Impact of DTAA (Double Taxation Avoidance Agreement)

If the NRI landlord resides in a country that has a DTAA (Double Taxation Avoidance Agreement) with India, they may be eligible for a lower TDS rate. The landlord can claim DTAA benefits by:

  1. Providing a Tax Residency Certificate (TRC) from their country of residence.
  2. Furnishing Form 10F and a self-declaration stating they are eligible for DTAA benefits.
  3. Ensuring compliance with Section 90/90A of the Income Tax Act for DTAA applicability.

For example, under DTAA with the USA, the TDS rate may be reduced to 15% instead of 30%, depending on the agreement terms.

Example of TDS on Rent to NRI

Assume Mr. Sharma, an Indian resident, is paying a monthly rent of โ‚น1,00,000 to his NRI landlord.

  • TDS Calculation: โ‚น1,00,000 ร— 30% = โ‚น30,000
  • Monthly payment after TDS deduction: โ‚น1,00,000 – โ‚น30,000 = โ‚น70,000
  • The deducted TDS of โ‚น30,000 must be deposited with the Income Tax Department.

If DTAA applies and the TDS rate is 15%, then:

  • TDS Calculation: โ‚น1,00,000 ร— 15% = โ‚น15,000
  • Monthly payment after TDS deduction: โ‚น1,00,000 – โ‚น15,000 = โ‚น85,000

Lower TDS Deduction Process

If the NRI landlordโ€™s actual tax liability is lower than the 30% TDS rate, they can apply for a Lower Deduction Certificate (LDC) from the Income Tax Department. Hereโ€™s how:

  1. Application by NRI Landlord: The landlord must apply for a lower deduction certificate (Form 13) from the Assessing Officer (AO).
  2. Certificate Issuance: The AO reviews the landlordโ€™s tax liabilities and issues the certificate specifying a reduced TDS rate.
  3. Tenantโ€™s Compliance: The tenant can deduct TDS at the lower rate mentioned in the certificate.

Form 15CA & 15CB Requirements

For any payment made to an NRI, compliance with Form 15CA & 15CB is mandatory before remittance:

  1. Form 15CA: A declaration by the payer (tenant) to be submitted online before making the remittance to an NRI landlord.
  2. Form 15CB: A certificate issued by a Chartered Accountant (CA) certifying that the tax deduction is in compliance with the Income Tax Act.
  3. Submission: If the remittance exceeds โ‚น5,00,000 in a financial year, both Form 15CA & 15CB are required. Otherwise, only Form 15CA is sufficient for smaller amounts.

Budget 2017 Amendment Impact

Budget 2017 introduced stringent compliance measures for TDS on payments made to NRIs, emphasizing stricter enforcement of Form 15CA & 15CB. The following changes were made:

  1. Expanded scope of TDS deduction: TDS compliance for rental payments to NRIs is closely monitored, making it necessary for tenants to deduct and deposit TDS accurately.
  2. Strengthened penalties: Non-deduction or non-payment of TDS now attracts higher interest rates and penalties.

Consequences of Not Deducting TDS on NRI Rent

Failure to deduct or deposit TDS can lead to serious tax implications, including:

  • Interest on Late Deduction/Deposit:
    • 1% per month for failure to deduct TDS.
    • 1.5% per month for failure to deposit TDS after deduction.
  • Penalty Under Section 271C: The tenant may be liable to pay an equivalent amount as a penalty.
  • Disallowance of Rent Expense: If TDS is not deducted, the rent paid may be disallowed as a business expense for tax purposes.
  • Tenant in Default: If the tenant fails to deduct and deposit TDS, they will be considered a “defaulter” and held liable for the unpaid tax amount, along with penalties and interest.

Conclusion

Compliance with TDS on rent paid to NRI landlords is crucial to avoid penalties and legal issues. If you are unsure about tax deductions or need assistance with a lower TDS application, consult N C Agrawal& Associates, CA in Delhi and Noida to ensure seamless compliance.

For expert advice, reach out to N C Agrawal & Associates, offering specialized tax and compliance services for residents and NRIs.

 

Last Updated: February 2026

IMPORTANT:

Dear Taxpayer, ANIL KAUSHAL (BOSPKXXXXL)
It is observed that you have claimed deduction under section 80GGC of Rs 500000 in your ITR for A.Y. 2024-25. It is requested that the claim may be verified and mistake, if any, may be rectified by updating the ITR for A.Y. 2024-25 by 31.03.2026.

 

Warm Regards

Income Tax Department

 

Section 80GGC Deduction: Why Youโ€™re Receiving SMS or Income Tax Notices (2025 Update) and What To Do Next

 

Section 80GGC looks simple on paper, but it has become one of the most closely-watched deductions in recent tax cycles. Over the past year, thousands of taxpayers have received SMS alerts, emails, and detailed notices questioning their political donation deductions.

If youโ€™re one of them, hereโ€™s the good news โ€” most cases are solvable. But you need to understand why the notice came, what mistakes triggered it, and what documents you must keep ready.

Letโ€™s break it all down in a clean and practical way.


What Section 80GGC Actually Allows

Section 80GGC gives individual taxpayers a deduction for donations made to:

  • A political party registered under Section 29A of the Representation of People Act, or

  • A government-approved electoral trust

The payment must be through banking channels only.
Cash donations โ€” even small ones โ€” are not allowed.

This is where most mistakes begin.


Latest Legal Developments โ€“ ITAT Judgements on Section 80GGC

1- ITAT Raipur โ€“ Deduction Allowed When No Assessee-Specific Evidence
In ACIT vs Anuj Prakash Gupta (ITAT Raipur), the tribunal held that when the Assessing Officer disallowed an 80GGC deduction based on broad investigation data but failed to produce any assessee-specific adverse evidence, the deduction cannot be denied. This emphasises that general adverse reports against a party donโ€™t automatically defeat a valid claim.

2- ITAT Rajkot โ€“ Genuine Donations Still Entitled to Deduction
In a recent case dated January 12, 2026, the ITAT Rajkot bench ruled in favour of a taxpayer who donated โ‚น4 lakh to a registered political party and claimed deduction under Section 80GGC. The Income Tax Department had disallowed the deduction alleging the party was involved in bogus accommodation entries. The tribunal held that mere involvement of the political party in an investigation does not automatically invalidate the taxpayerโ€™s claim. Since the donation was made through proper banking channels to a registered political party and there was no direct evidence against the assessee, the deduction was largely upheld. However, the tribunal made a small notional addition of 10% of the donation as a revenue protection measure

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Why Taxpayers Are Receiving Section 80GGC SMS or Notices

The Income Tax Department now matches donor records with the political partyโ€™s filings. Any mismatch instantly raises a red flag.

These are the common triggers:

1. Donation made to unregistered or inactive political parties

If the party is not registered under Section 29A or is inactive, your claim becomes invalid regardless of the amount.

2. Party did not report your donation

Many parties fail to file donation statements or do not declare smaller donations.
When your claim appears in your ITR but not in their records, you get a notice.

3. Round-tripping concerns

Authorities flagged cases where taxpayers โ€œdonatedโ€ funds that were eventually routed back.
These deductions are rejected and may attract further inquiry.

4. Bogus or fabricated receipts

Some taxpayers received receipts from entities that the party itself never issued.
Mismatch = automatic notice.

5. Deduction claimed in the wrong year

You must claim 80GGC in the year the donation was made, not later.
Donations made in March 2024 must be claimed in AY 2024-25, not AY 2025-26.

6. Missing or weak documentation

If you do not have clear proof of payment, youโ€™ll face questions even if the donation is genuine.


Checklist Before Making a Political Donation

Use this quick list to stay safe:

1. Verify the political party or electoral trust

Check:

  • Registration under Section 29A

  • Active status

  • Public filings and transparency

2. No cash donations

Only: UPI, bank transfer, cheque, debit/credit card.

3. Take proper receipts

A valid receipt must include:

  • Party/trust name

  • PAN

  • Registration number

  • Amount and date

  • Mode of payment

  • Acknowledgment

4. Verify if your donation is reported

Ask the party to confirm they are filing your contribution in their donation report.

5. Maintain all proof

Keep:

  • Bank payment screenshot

  • UPI/IMPS/NEFT confirmation

  • Receipt

  • Acknowledgment from party

  • Email confirmation (if available)

6. Claim it only in the correct assessment year


What To Do If You Receive an 80GGC Notice or SMS

Donโ€™t panic. Most notices are routine verifications.

Prepare these documents:

  • Payment proof (UPI/NEFT/Bank statement screenshot)

  • Receipt from political party

  • Party registration details

  • Screenshot of acknowledgment (if available)

  • PAN and registration number of the political party

If your donation is genuine, your claim usually stands.

If the donation was made through an unreliable channel, you may need to revise the return or respond with clarification.


Common Mistakes Taxpayers Should Avoid in 2025

  • Donating to small or unknown entities only to claim a deduction

  • Relying on political workers or intermediaries

  • Paying via cash

  • Not confirming the partyโ€™s active status

  • Claiming deductions without receipts

  • Claiming in a different assessment year


Important Reminder: Your Claim Must Match Party Records

This is where most taxpayers get into trouble.

If the political party does not report your donation, the department questions your claim โ€” even if you genuinely paid. Always cross-check.


Important Articles

 


FAQs on Section 80GGC (2025 Edition)

1. Can I claim 80GGC for donations made in cash?

No. Cash donations are not allowed under any circumstance.

2. What if the political party didnโ€™t issue a receipt?

You must get a receipt. Without it, the department may disallow the deduction.

3. Can salaried individuals claim this deduction?

Yes, salaried taxpayers can claim it under Chapter VI-A.

4. How much deduction can I claim?

There is no upper limit, but it must be reasonable, genuine, and well-documented.

5. What if I donated but the party did not report it?

You need to obtain confirmation or supporting documents. If the party refuses, your claim is at risk.

6. Do I need the political partyโ€™s PAN?

Yes. It should be on the receipt.

7. Can I claim 80GGC and 80G both?

Yes, they are different sections.


 

If you have received a similar INCOME TAX notice, contact our expert team

๐Ÿ“ž Call Now: +91-9718046555 ๐Ÿ’ฌ WhatsApp for Quick Guidance

Available for Income Tax Filing, ITAT Appeals, Income Tax Notices, GST Registration, NRI Tax Matters, 15CA/15CB, Net Worth Certificates, and Company Compliance.

During various search & seizure and survey operations conducted by Income Tax Department, it has come to notice that various individuals are claiming incorrect deductions, under sections 80C, 80D, 80E, 80G, 80GGB, 80GGC, in their ITRs, leading to reduction of tax payable to the government.

As many as 90,000 salaried individuals, both from PSUs and the private sector, have withdrawn wrongful tax deductions claims totalling Rs 1,070 crore as of December 31, 2024, government sources said on Thursday.

During various search & seizure and survey operations conducted by Income Tax Department, it has come to notice that various individuals are claiming incorrect deductions, under sections 80C, 80D, 80E, 80G, 80GGB, 80GGC, in their ITRs, leading to reduction of tax payable to the government.

During investigation, it was revealed that such individuals are employees of organisations operating in diverse fields including PSUs, big corporations, MNCs, LLPs, Private Ltd Companies, etc, sources said. Also, most of them who claimed wrongful deductions were working in the same company.

Analysis of the information with the department showed that there is a vast mismatch between total deductions under section 80GGB/80GGC claimed by taxpayers in their ITRs as against the total receipts shown by the donees in their ITRs.

Similarly, deductions claimed under sections 80C, 80E, 80G also appear to be suspicious in nature, sources said. They said, a list of common employers (TDS deductors) has been identified and tax department would be reaching out to as many persons as possible who are suspected to have claimed bogus deductions under section 80E, 80G, 80GGA, 80GGC and other deductions

Further, verification has revealed that certain unscrupulous elements have misguided taxpayers for claim of incorrect deduction/refunds,โ€ a source said. Sources said the department has been conducting outreach programmes with employers to spread awareness about the consequences of claiming incorrect deductions in the ITRs and corrective measures which can be taken by the taxpayers to rectify the errors of omission or commission.

Till 31st December, 2024, approximately 90,000 taxpayers have withdrawn incorrect claim of deductions amounting to Rs 1,070 crore approx in their ITRs and have paid additional taxes,โ€ a source said.

As per the provisions of Income-tax Act, 1961, taxpayers can file updated returns on payment of some additional tax rectifying the errors within two years from the end of the relevant assessment year, for AY 2022-23 to 2024-25. In order to intensify the efforts of the department of promoting voluntary tax compliance and reducing litigation, outreach programme with employers is being launched, sources added. PTI JD CS ANU

Source: https://www.moneycontrol.com/news/india/90k-salaried-individuals-withdraw-rs-1-070-crore-worth-wrongful-tax-deduction-claims-12912663.html

The upcoming Direct Tax Code (DTC) 2025 in India is designed to replace the existing Income Tax Act of 1961, aiming to modernize, simplify, and enhance the efficiency of the tax system. Key features include:

  1. Residency Simplification: The DTC will reduce residency categories from three (Resident and Ordinarily Resident, Resident but Not Ordinarily Resident, and Non-Resident) to two: Resident and Non-Resident.
  2. Unified Financial Year Basis: The concepts of Previous Year and Assessment Year will be removed, with the Financial Year becoming the sole reference point for tax purposes.
  3. Integration of Capital Gains: Capital gains may be taxed as regular income, which could increase tax rates for some taxpayers.
  4. Updated Income Terminology: โ€œIncome from Salaryโ€ will be renamed as โ€œEmployment Income,โ€ and โ€œIncome from Other Sourcesโ€ will become โ€œIncome from Residuary Sources,โ€ though the main income categories remain unchanged.
  5. Expanded Audit Eligibility: In addition to Chartered Accountants (CA), Company Secretaries (CS) and Cost and Management Accountants (CMA) may also be authorized to conduct tax audits, enhancing accessibility and competition in tax audit services.
  6. Streamlined Sections and Schedules: Fewer sections in the tax code aim to simplify compliance and reduce litigation complexity.
  7. Revised TDS and TCS Rules: Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) will apply more broadly across income types, with lower rates but wider applicability.
  8. Reduction in Exemptions: Many existing exemptions and deductions are likely to be phased out, broadening the tax base and simplifying filing processes. The goal is to increase the taxpayer base from about 1% to around 7.5% of the population.
  9. Corporate Tax Rate Harmonization: A unified tax rate for domestic and foreign companies aims to encourage foreign investment by creating a level playing field.
  10. Lowered Tax Burden for Salaried Employees: Salaried employees may see a reduced tax burden, addressing the long-standing issue of a disproportionate tax load on this group.

The DTC 2025 is anticipated to take effect in the fiscal year 2025-26, signaling a major evolution in Indiaโ€™s tax framework that could impact compliance, competitiveness, and transparency across sectors.

Last Updated on 7th January 2026

NRI Property Sale TDS Guide with Lower TDS Certificate Support

Buying or selling property involving an NRI can create a high TDS burden, cash flow blockage, and compliance risk. In many cases, buyers deduct much more tax than the sellerโ€™s actual liability. With proper planning, a lower TDS certificate under Section 197 can help reduce unnecessary deduction and avoid long refund delays.

Expert assistanceย for genuine cases: We assist with lower TDS certificate applications, capital gain computation, buyer TDS compliance, Form 13 filing, and NRI income tax filing.

Why NRIs and Buyers Reach Out Before Property Payment

High TDS on full sale value

Buyer may deduct on full consideration, even when actual capital gains tax is much lower.

Cash flow gets blocked

Lakhs can remain stuck until refund is processed after return filing.

Buyer compliance confusion

Wrong form, wrong rate, wrong deposit method, or missing TAN can create notices later.

Capital gain calculation issues

Indexation, cost proof, deductions, and inherited property cases often need proper review.

Get a Quick NRI Property TDS Review Before Payment

Share your sale value, purchase value, year of purchase, seller status, and proposed payment timeline. We will review whether a lower TDS certificate should be applied for and what documents are needed.

Useful for:

  • NRI property sale in India
  • Inherited property sale
  • Joint buyers and joint sellers
  • Buyer wants safe TDS compliance
  • NRI wants to avoid excess TDS and refund wait

Send Details on WhatsApp

TDS Rate for Purchase of Property from NRI Seller

When purchasing property from a Non Resident Indian seller, the buyer is generally required to deduct TDS at rates different from those applicable to resident sellers. If the property is a long term capital asset, the applicable rate is usually 12.5 percent plus surcharge and cess. If the property results in short term capital gains, the rate may go up to 30 percent plus surcharge and cess. The actual impact depends on facts, holding period, and tax treatment.

Important Practical Point

In many NRI property sale cases, the buyer deducts tax on the full sale consideration unless a valid lower deduction certificate is obtained. That is why timing and documentation matter so much.

Basic Procedure for Deducting TDS

1. Obtain TAN

Buyer should first obtain TAN before deducting tax in many NRI property purchase cases.

2. Deduct at payment stage

TDS is deducted when payment is made or credited, including advance and installments.

3. Deposit tax

Tax should be deposited properly and within due timelines under the relevant TDS process.

4. File TDS return

Buyer has to file the relevant TDS return and issue TDS certificate to the seller.

What is Lower TDS Certificate under Section 197

An NRI seller can apply for a lower or nil deduction certificate under Section 197 when the actual tax liability is likely to be lower than the standard rate at which the buyer would otherwise deduct tax. The application is made in Form 13 and examined by the Income Tax Department based on facts, documents, estimated tax liability, and past compliance.

Why this matters

Lower TDS certificate is often the difference between smooth completion and lakhs getting blocked in refund. It helps align deduction with actual tax exposure instead of a rough higher deduction on the transaction amount.

When Should an NRI Consider Applying

  • Actual tax liability is lower than standard TDS
  • Property is a long term capital asset and computation needs review
  • Property was purchased long ago and cost records support lower gain
  • Eligible deductions or losses may reduce final liability
  • DTAA benefit may be relevant in the case
  • Transaction value is large and cash flow matters

    For USA-based NRIs:

    If you are living in USA and selling property in India, your tax planning should also consider US taxation, DTAA, and foreign tax credit. You can read our detailed page on income tax for Indians in USA to avoid double taxation and compliance issues.

Practical Example 1 NRI Property Sale

Suppose an NRI purchased property in 2011 for Rs 55 lakh and is selling it in 2025 for Rs 85 lakh. Without lower TDS certificate, the buyer may deduct tax on the full sale value at an approximate effective rate, causing a very high deduction. But actual capital gains tax may be much lower depending on the facts and computation. This creates unnecessary refund dependence and cash flow loss.

With a proper lower TDS certificate, deduction can be restricted much closer to actual tax liability.

Practical Example 2 NRO Interest

A similar issue arises in NRO interest cases. Banks may deduct tax at higher rates, while the actual tax payable may be significantly lower after considering deductions, slab impact, or treaty relief. In such cases too, lower deduction planning can reduce annual refund dependency.

Documents Usually Needed for Lower TDS Certificate

PAN card
Passport and visa copy
Sale agreement or draft sale deed
Cost of acquisition proof
Capital gains working
Earlier ITRs where relevant
Bank statements where needed
Supporting tax and residency papers

How to Apply for Lower TDS Certificate

Step 1 Online Form 13

Application is generally filed online through the income tax portal.

Step 2 Upload documents

Supporting documents and working papers are attached properly.

Step 3 Department review

Officer checks estimated income, compliance history, and proposed tax liability.

Step 4 Certificate issue

Certificate specifies rate, validity, payer details, and nature of income covered.

Validity of Lower TDS Certificate

  • Usually valid for a specific financial year
  • Applicable only for specified payer and income
  • Fresh application may be needed for future years or fresh transactions

What Happens After the Certificate is Issued

  • Certificate copy is shared with buyer, bank, or payer
  • TDS is deducted as per approved rate
  • Excess deduction risk reduces
  • Refund dependency comes down sharply

Common Mistakes in NRI TDS Cases

  • Applying after the payment or registration is already completed
  • Not maintaining proper cost proof or ownership papers
  • Ignoring legal tax computation and relying only on rough estimates
  • Assuming refund is the only practical solution
  • Buyer deducting before checking whether lower certificate can be obtained

Is ITR Filing Still Required

Yes. Lower TDS certificate does not replace return filing. The seller still needs to file the appropriate income tax return to report income, confirm final tax liability, and complete tax compliance.

How We Help in NRI Property TDS Matters

  • Review of transaction structure and seller status
  • Capital gains computation
  • Form 13 lower TDS certificate application support
  • Buyer side TDS compliance guidance
  • NRI income tax filing and post-sale tax support

FAQs on Lower TDS Certificate for NRI

Is lower TDS certificate guaranteed
No. Approval depends on facts, documentation, and tax position.

How long does approval usually take
It can take a few weeks depending on the complexity and jurisdiction.

Can buyer ignore a valid certificate
Buyer should follow the valid certificate issued by the department for the covered transaction.

Can NRI apply while staying outside India
Yes, many cases can be handled online with proper documentation.

Can DTAA relief matter in Section 197 application
Yes, depending on the facts of the case.

Before You Finalise NRI Property Payment, Get the TDS Position Reviewed

A small mistake at this stage can block funds, create buyer default exposure, or lead to refund delays for the seller. If you are buying property from an NRI or planning to sell Indian property as an NRI, get the transaction reviewed before payment.

Share these details for quick review:

  • Sale value
  • Purchase year and purchase cost
  • Seller residential status
  • Expected registration or payment date
  • Whether property is inherited or jointly held

N C Agrawal & Associates provides India focused support for lower TDS certificate, NRI property taxation, capital gains computation, and return filing.

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In India, the Income Tax Act governs the taxation of individuals based on their income, providing two distinct tax regimes: the Old Tax Regime and the New Tax Regime. Each regime offers unique advantages and considerations, impacting how taxpayers calculate their taxable income and their overall tax liability. This article explores the differences between the Old Tax Regime and New Tax Regime for the financial year 2023-24, emphasizing their tax structures, benefits, and the specific advantage provided by Section 87A.

Understanding the Old Tax Regime

The Old Tax Regime, also known as the existing tax structure, has been in place for many years. It allows taxpayers to avail various deductions and exemptions under different sections of the Income Tax Act. These deductions are crucial as they reduce the taxable income, thereby lowering the overall tax liability. Key deductions available under the Old Tax Regime include:

  • Section 80C: Deductions for investments in instruments such as Employee Provident Fund (EPF), Public Provident Fund (PPF), Life Insurance Premiums, Equity Linked Savings Scheme (ELSS), etc., up to โ‚น1.5 lakh per annum.
  • Section 80D: Deductions for health insurance premiums paid for self, family, and parents, up to specified limits.
  • Section 24: Deductions for interest paid on housing loans, up to specified limits.
  • HRA (House Rent Allowance): Exemption available for rent paid if HRA forms part of salary.

These deductions significantly impact the taxable income, allowing taxpayers to potentially reduce their tax outgo substantially. The tax rates under the Old Tax Regime for individuals below 60 years for FY 2023-24 are structured as follows:

Income SlabTax Rate
Up to โ‚น2,50,000Nil
โ‚น2,50,001 to โ‚น5,00,0005%
โ‚น5,00,001 to โ‚น10,00,00020%
Above โ‚น10,00,00030%

Senior citizens (60 years and above but below 80 years) and super senior citizens (80 years and above) have different slabs and rates tailored to their age brackets.

Introduction of the New Tax Regime

The New Tax Regime was introduced from FY 2020-21 onwards to simplify the tax structure by eliminating most deductions and exemptions. This regime offers a lower number of tax slabs but with slightly different rates compared to the Old Tax Regime. The idea behind the New Tax Regime is to provide a straightforward tax calculation process without the need for detailed tax planning around deductions. The tax rates under the New Tax Regime for FY 2023-24 are structured as follows:

Income SlabTax Rate
Up to โ‚น2,50,000Nil
โ‚น2,50,001 to โ‚น5,00,0005%
โ‚น5,00,001 to โ‚น7,50,00010%
โ‚น7,50,001 to โ‚น10,00,00015%
โ‚น10,00,001 to โ‚น12,50,00020%
Above โ‚น12,50,00025%

Key Differences Between the Old Tax Regime and New Tax Regime

1. Tax Structure:

  • Old Tax Regime: Offers multiple tax slabs with higher rates applicable to higher income brackets. Taxpayers can reduce their taxable income significantly by availing deductions under various sections like 80C, 80D, etc.
  • New Tax Regime: Provides a simpler tax structure with fewer slabs but slightly different rates. The regime does not allow most deductions and exemptions, aiming for a more straightforward tax calculation process.

2. Deductions and Exemptions:

  • Old Tax Regime: Allows taxpayers to claim deductions under sections such as 80C, 80D, 24, etc., which reduce taxable income and subsequently reduce the tax liability.
  • New Tax Regime: Does not allow most deductions and exemptions except those specified by the government. Tax calculation is based on gross income without adjustments for deductions.

3. Impact on Tax Liability:

  • Old Tax Regime: Often results in a lower tax liability for taxpayers who can utilize deductions effectively to reduce their taxable income.
  • New Tax Regime: May lead to higher tax liability compared to the Old Tax Regime, especially for those who would otherwise benefit from deductions under the old structure.

4. Section 87A Benefit:

Under both the Old and New Tax Regimes, individuals with total income up to โ‚น5,00,000 are eligible for a rebate under Section 87A. This rebate directly reduces the tax liability after calculating taxes:

  • Rebate Amount: The rebate is the lower of 100% of the income tax liability or โ‚น12,500.
  • Applicability: The rebate is available to resident individuals (below 60 years) whose total income does not exceed โ‚น5,00,000. It effectively reduces the tax burden for eligible taxpayers, making the regime more favorable, especially for lower income groups.

Example Scenario: Impact of Section 87A Benefit

Let’s consider an example where an individual’s total income after deductions under the Old Tax Regime is โ‚น4,80,000:

  • Tax Calculation without Rebate:
  • Income up to โ‚น2,50,000: Nil tax
  • Income from โ‚น2,50,001 to โ‚น4,80,000: Tax at 5% on โ‚น2,30,000 (โ‚น4,80,000 – โ‚น2,50,000) = โ‚น11,500
  • Total Tax Liability = โ‚น11,500
  • Tax Calculation with Section 87A Rebate:
  • After applying the rebate of โ‚น11,500 (lower of 100% of tax liability or โ‚น12,500), the tax payable is reduced to Nil.

Conclusion

Understanding the differences between the Old Tax Regime and New Tax Regime for FY 2023-24, including the benefit of Section 87A, is crucial for taxpayers to make informed decisions about their tax planning strategies. Each regime offers unique benefits and considerations, catering to different taxpayer profiles and financial situations. Whether to opt for the Old Tax Regime with its deductions and exemptions or the New Tax Regime for its simplicity and fixed tax structure depends on individual circumstances and tax planning goals. By evaluating these factors carefully, taxpayers can optimize their tax liabilities while ensuring compliance with tax laws effectively. The inclusion of Section 87A ensures that eligible taxpayers receive additional relief, further influencing tax planning decisions.

1. NRI Meaning:

  • Non-Resident Indian (NRI) refers to an Indian citizen or a person of Indian origin who resides outside India for employment, business, or any other purpose indicating an indefinite stay abroad.

2. NRI Status Calculation Process:

  • NRI status is determined based on the individual’s physical presence in India during a financial year (April 1 to March 31).
  • If an individual stays in India for less than 182 days in a financial year, they are considered an NRI for that year subject to meet out other conditions of status determination

3. Income Tax Applicable to NRIs:

  • NRIs are taxed on income earned or accrued in India, such as income from property, capital gains, interest, dividends, etc.
  • Income earned outside India is generally not taxable in India for NRIs.
  • The tax rates applicable to NRIs are the same as those for residents of India.

4. Interest in NRE and NRO Accounts:

  • NRE (Non-Resident External) accounts: Funds in NRE accounts are freely repatriable (can be transferred abroad) and are exempt from Indian taxes, including interest earned.
  • NRO (Non-Resident Ordinary) accounts: Funds in NRO accounts are not freely repatriable, and the interest earned is subject to Indian taxes.

5. Double Taxation Avoidance Agreements (DTAA):

  • DTAA aims to prevent double taxation of income in two countries.
  • NRIs can benefit from DTAA provisions by claiming tax credits or exemptions in one country for taxes paid in the other country.

6. High-Value Transactions to be Kept in Mind by NRIs:

High-value transactions for NRIs can include various activities or financial transactions that involve significant sums of money or assets. Here are some examples of high-value transactions that NRIs should be mindful of:

Property Transactions:

  • Purchase or sale of real estate: NRIs investing in or disposing of property in India should be aware of the high value associated with real estate transactions. This includes buying, selling, or gifting property.
  • Rental income: NRIs earning rental income from properties in India should keep track of the high-value transactions associated with rental payments, lease agreements, etc.

Investments:

  • Stock Market Investments: NRIs investing in the Indian stock market may engage in high-value transactions through buying or selling shares, mutual funds, or other securities.
  • Fixed Deposits and Financial Instruments: Investments in fixed deposits, bonds, debentures, and other financial instruments may involve significant sums of money.

Banking and Remittances:

  • Transfer of Funds: NRIs transferring large sums of money to or from India for investment, business, or personal purposes should be aware of the high-value nature of these transactions.
  • Foreign Currency Accounts: Opening or closing foreign currency accounts, especially NRE and NRO accounts, involves high-value transactions that NRIs should monitor.

Loans and Borrowings:

  • Loans and Mortgages: NRIs obtaining loans or mortgages from Indian banks or financial institutions for property purchase or other purposes may involve high-value transactions.
  • Repayment of Loans: NRIs repaying loans or mortgages to Indian lenders also constitutes high-value transactions.

Business Transactions:

  • Setting up Business Entities: NRIs establishing businesses or investing in Indian companies may engage in high-value transactions related to company formation, capital infusion, etc.
  • Commercial Contracts: Business agreements, contracts, and transactions involving significant monetary values should be carefully documented and monitored.

Tax Payments and Compliance

  • Payment of Taxes: NRIs fulfilling their tax obligations in India, including payment of income tax, property tax, or other levies, may involve high-value transactions.
  • Compliance Reporting: Meeting reporting requirements for high-value transactions, such as filing tax returns, disclosing foreign assets, and complying with regulatory norms, is essential for NRIs.

7. Tax Filing for NRIs:

  • NRIs are required to file income tax returns in India if their total income exceeds the basic exemption limit.
  • Even if income is below the taxable threshold, filing a return may be necessary to claim a refund of taxes withheld at source or if certain types of income (like capital gains) are involved.
  • Timely filing of tax returns and compliance with reporting requirements are crucial for NRIs to fulfill their tax obligations in India.

For personalized advice and assistance with tax matters, NRIs should consult with qualified tax professionals or chartered accountants familiar with Indian tax laws and regulations pertaining to NRIs.

Foreign Stock Taxation in India
Updated on 9th January 2026

Taxation of US Stocks, RSUs and ESOPs Given to Indian Employees

Received RSUs, ESOPs or US company shares from your employer and unsure how they are taxed in India? This is one of the most commonly misunderstood areas in income tax compliance, especially where salary taxation, capital gains, Schedule FA disclosure, DTAA relief and Form 67 all come into play.

This page explains the taxation of US stocks, RSUs and ESOPs received by Indian employees. It covers perquisite taxation at vesting/exercise, capital gains on sale, foreign asset disclosure under Schedule FA, and DTAA relief under the India-USA tax treaty.

Tax at vesting / exercise
Capital gains on sale of shares
Schedule FA disclosure
Form 67 / Foreign Tax Credit

Talk to a Chartered Accountant

Need help with RSU taxation, US stock sale, Form 67, Schedule FA or foreign asset disclosure? Fill the form and get your case reviewed.

Best suited for salaried employees, startup employees, MNC employees, returning NRIs and foreign stock holders.

Who usually needs help on this topic?

Employees receiving RSUs or ESOPs from a foreign employer, Indian residents selling US shares through overseas brokers, taxpayers claiming foreign tax credit, and people who need correct disclosure in Schedule FA.

Understanding Taxation of US Stocks, RSUs and ESOPs in India

When U.S. stocks are given to an employee in India, taxation can become complex because of the cross-border nature of the income and the requirement to consider Indian tax provisions along with foreign tax implications. The actual treatment depends on the nature of the stock benefit, the stage at which it becomes taxable, and the residential status of the employee.

Quick overview

In many cases, there is no immediate tax implication at the grant stage. Tax usually arises at the time of exercise / vesting as salary or perquisite, and later at the time of sale as capital gains. In addition, Schedule FA disclosure, DTAA relief and Form 67 may also become relevant.

1. Grant Stage

Generally, when stock options are granted but not vested, there is usually no immediate tax implication in India.

2. Vesting / Exercise

The difference between exercise price and fair market value may be taxed as a perquisite under the head Salaries.

3. Sale Stage

When the shares are later sold, the resulting gain may be taxable as capital gains depending on the holding period.

Confused about RSU tax in India?

If your employer granted foreign shares or withheld tax abroad, your return should be reviewed properly before filing. Wrong reporting can create problems in capital gains, Form 67, DTAA relief or Schedule FA disclosure.

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1. At the Time of Granting Stock Options

In general, if the stock options are granted to the employee but not vested, there is usually no immediate tax implication in India. The tax event commonly arises later at the time of exercise or vesting depending upon the structure of the stock benefit.

Practical point

Many employees assume tax begins only when shares are sold. In many cases, that is not correct. Tax may arise much earlier at the stage of exercise or vesting.

2. At the Time of Exercise / Vesting

When the employee exercises stock options or receives the shares on vesting, the difference between the exercise price and the fair market value (FMV) of the shares is generally taxed as a perquisite under the head Salaries. This amount is subject to income tax according to the applicable slab rate in India.

For ESOPs / stock options

The perquisite value is broadly the difference between the exercise price paid by the employee and the FMV on the relevant date.

For RSUs

Where shares are allotted on vesting, the value of the shares received may be treated as a salary-related benefit and taxed accordingly.

Important compliance point

If tax has also been withheld or paid in the U.S. on the same income, the taxpayer may need to evaluate relief through DTAA and foreign tax credit, subject to conditions.

3. At the Time of Sale

When the employee eventually sells the shares, the gain from the sale is generally taxed as capital gains. The rate and method depend on whether the gain is short-term or long-term and on the applicable rules for foreign shares.

  • Short-term Capital Gains (STCG): If the shares are held for less than 24 months, the gains are generally treated as short-term and taxed according to the normal slab rates applicable to the employee.
  • Long-term Capital Gains (LTCG): If the shares are held for more than 24 months, the gains are generally treated as long-term and may be taxed at 20% with indexation, subject to applicable provisions.
Important note

The cost for capital gains purposes often links back to the value already considered at the perquisite stage. This is why correct vesting and exercise records are important.

4. Double Taxation Avoidance Agreement (DTAA) and Form 67

India has a DTAA with the United States, which means the taxpayer may be able to avoid double taxation where tax has been paid in the U.S. on the same income. If tax is paid in the U.S. on RSU income or stock sale, relief may be claimed in India through Foreign Tax Credit, subject to conditions.

In such cases, Form 67 becomes important. Proper filing and disclosure are necessary to support the foreign tax credit claim.

Do not ignore this step

Many taxpayers report the income but miss the proper FTC process. That can lead to excess tax payment in India or mismatch issues during processing.

Need help with Form 67, DTAA or Schedule FA?

Cross-border employee stock taxation should not be guessed. A wrong return can create future scrutiny and foreign asset disclosure problems.

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5. Tax Filing in India and Schedule FA Disclosure

It is important for the employee to disclose international assets and foreign income in the Indian income tax return where applicable based on the residential status in India.

If you receive RSUs of a foreign company, disclosure under the Foreign Asset Schedule (Schedule FA) may become necessary. If taxes were paid at vesting by selling shares, or some shares were sold while others were retained, the disclosure should be checked carefully.

While selling RSU holdings, tax is generally paid on the profit element and not on the entire value of the shares, subject to proper computation and prior salary taxation treatment.

Why this matters

Non-disclosure can lead to penalties, interest, scrutiny, and in serious cases exposure under the Black Money Act. This part of the return should be handled carefully.

6. Documentation

Maintaining detailed records of grant, vesting, exercise, sale and remittance is crucial for calculating tax correctly and ensuring compliance with both Indian and foreign tax rules.

Keep these documents

  • Grant letters
  • Vesting schedules
  • Exercise statements
  • Foreign broker statements
  • Sale contract notes
  • Bank remittance proofs

Why they matter

  • Correct salary / perquisite computation
  • Capital gains calculation
  • Foreign tax credit support
  • Schedule FA disclosure
  • Future scrutiny or notice response

Latest Updates โ€“ Budget 2025 & Foreign Asset Disclosure

With continuing compliance focus on foreign financial assets, Indian residents holding foreign stocks, RSUs, ESOPs or other overseas assets should be more careful than ever about correct reporting and disclosure.

1. Taxation of RSU / ESOPs โ€“ Budget 2025 Highlights

  • No broad change in the basic principle that RSUs / ESOPs are first taxed as perquisites and later as capital gains on sale.
  • Better alignment and transparency in reporting may help reduce mismatch issues between employer reporting and ITR disclosure.
  • Taxpayers should remain careful in reporting foreign equity gains and related schedules.

2. Disclosure of Foreign Assets

  • Foreign bank accounts
  • Foreign equity shares, RSUs and ESOPs
  • Overseas mutual funds, insurance policies or other foreign financial interests

3. Black Money Act โ€“ Latest Position

Non-disclosure or misreporting of foreign assets can trigger serious consequences including tax, penalty and prosecution exposure in applicable cases. International data-sharing has made such disclosures much more traceable.

4. Maintenance of Records

Employees must preserve grant letters, vesting schedules, broker statements, sale proofs and bank remittance records. These help in defending the return during scrutiny or any later notice.

Example Scenarios

Example 1 โ€“ RSU Vesting

An employee receives RSUs worth $10,000 on vesting. The amount may be taxable as salary / perquisite. If the shares are later sold at a higher value, the increase may be taxed as capital gains.

Example 2 โ€“ ESOP Exercise

If the exercise price is much lower than the FMV on exercise, the difference may be taxed as perquisite. On subsequent sale, capital gains are computed separately.

Disclosure of US Stocks in Schedule FA

  • Mandatory in applicable cases for residents holding foreign shares
  • Requires disclosure of acquisition details, cost and peak value depending upon the applicable reporting format
  • Non-disclosure may lead to serious penal consequences

Frequently Asked Questions (FAQs)

Q1. Do I need to report RSUs received even if I have not sold them?

Where disclosure conditions apply, vested RSUs or acquired foreign shares may need to be reported in Schedule FA even if not sold.

Q2. What if I am an NRI and hold ESOPs of an Indian or US company?

The answer depends on residential status, source rules and treaty position. Indian-source components may still need Indian tax review.

Q3. Are unvested RSUs / ESOPs to be disclosed?

Usually, disclosure focuses on actual ownership or reportable foreign financial interests, but this should be checked based on facts.

Q4. What is the penalty risk for missing disclosure?

Non-disclosure of foreign assets can lead to scrutiny, penalty and in serious cases proceedings under the Black Money framework.

Q5. How is dividend income from foreign shares taxed?

Dividend income from foreign shares is generally taxable in India at the applicable slab rate, subject to foreign tax credit wherever available.

Q6. If I sell US stocks through a foreign broker, do I need to pay tax in India?

If you are a resident taxable in India on global income, such sale may need to be disclosed and taxed in India, subject to DTAA relief wherever available.

Need expert CA guidance on US stock taxation in India?

If you have received foreign employer shares, sold RSUs, need help with Schedule FA, or want proper reporting of foreign tax credit, get professional help before filing your return.

๐Ÿ“ž Call / WhatsApp: +91-9718046555
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About CA Neeraj Bansal

CA Neeraj Bansal is a Chartered Accountant from India and founder of N C Agrawal & Associates. The firm assists clients in income tax filing, foreign asset disclosure, tax notices, GST, company compliance and related advisory matters.

Disclaimer: This write-up is for educational and general informational purposes only. Tax treatment depends on facts, residential status, documents and applicable law for the relevant year. Readers should seek professional advice before acting on any matter relating to RSUs, ESOPs, foreign shares, Schedule FA, Form 67 or DTAA relief.
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