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    Case LawsIncome Tax
    Jurisdictional Prerequisites for Initiating Reassessment u/s 148: Non-Depoist of TDS by the Employer
    Show AI Summary
    Jurisdictional prerequisite: notice in the name of a deceased person invalidates reassessment initiation under Section 148.
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    Case LawsIncome Tax
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    Interpreting "Technical Services" under Tax Treaties: A Comprehensive Analysis
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    Technical services interpretation requires specialized expertise and a demonstrable link to payments for withholding tax consequences.
    Interpretation of technical services under the India Ireland DTAA requires the application or transfer of specialized knowledge, skill or expertise; incidental training or assistance enabling a reseller to market standard software does not meet that threshold. The Reseller Agreement did not contemplate technology transfer or bespoke solutions, payments were tied to reseller net revenue, and the record lacked material linking remittances to customized technical services. Authorities must establish an evidentiary and contractual nexus between payments and provision of specialized technical services before applying withholding tax under the treaty.

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      TDS threshold rationalization TDS provisions have various thresholds of amount of payment or amount of income, beyond which tax is required be deducted. It is proposed to rationalize these thresholds as below

      1 February, 2025

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      Union Budget 2025-26 (Full) + Finance Bill, 2025

      II. TDS threshold rationalization TDS provisions have various thresholds of amount of payment or amount of income, beyond which tax is required be deducted. It is proposed to rationalize these thresholds as below –

      S. No

      Section

      Current threshold

      Proposed threshold

      1.

      193 - Interest on securities

      Nil

      Rs. 10,000/-

      2.

      194A - Interest other than Interest on securities

       

      (i) Rs. 50,000/- for senior citizen;

      (ii) Rs. 40,000/- in case of others when payer is bank, cooperative society and post office

      (iii) Rs. 5,000/- in other cases

       

      (i) Rs. 1,00,000/- for senior citizen

      (ii) Rs. 50,000/- in case of others when payer is bank, cooperative society and post office

      (iii) Rs. 10,000/- in other cases

       

      3.

      194 - Dividend for an individual shareholder

      Rs. 5,000/-

      Rs. 10,000/-

       

      4.

      194K - Income in respect of units of a mutual fund or specified company or undertaking

      Rs. 5,000/-

      Rs. 10,000/-

       

      5.

      194B - Winnings from lottery, crossword puzzle, etc.

      Aggregate of amounts exceeding Rs. 10,000/- during the financial year

      Rs. 10,000/- in respect of a single transaction

      6.

      194BB - Winnings from horse race

      7.

      194D - Insurance commission

      Rs. 15,000/-

      Rs. 20,000/-

      8.

      194G - Income by way of commission, prize etc. on lottery tickets

      Rs.15,000/-

      Rs. 20,000/-

      9.

      194H - Commission or brokerage

      Rs. 15,000/-

      Rs. 20,000/-

      10.

      194-I Rent

      Rs. 2,40,000/- during the financial year

      Rs. 50,000/- per month or part of a month

      11.

      194J - Fee for professional or technical services

      Rs. 30,000/-

      Rs. 50,000/-

      12.

      194LA - Income by way of enhanced compensation

      Rs. 2,50,000/-

      Rs. 5,00,000/-

       

      Full Text:

      Union Budget 2025-26 (Full) + Finance Bill, 2025

      Topics

      ActsIncome Tax
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