Tag Income tax

Capital Gains Tax is a tax imposed on the profits made when a capital asset (capital asset, i.e., property, stock, mutual funds, gold, etc.) is disposed of. Capital gains tax is a significant component of taxation and the tax system in India, affecting both investors and property owners.

The calculation, tax rates and exemptions for capital gains are based on how long the asset is held prior to its disposal. It is important for taxpayers to remain aware of their legal obligations because the budgets presented in Budget 2024 altered a number of capital gains tax rates, indexation, and asset types.

Types of Capital Gains

The types of capital gains are based on how long the asset is held before disposal. Typically, these are classified as 2 types:

Short-Term Capital Gains (STCG)

Short-Term Capital gains apply when the asset is sold in a short amount of time. The holding period depends on how the asset is held:

• For listed shares and equity mutual funds, where sold in 12 months
• For unlisted shares and properties, where sold in 24 months
• For other assets, such as gold, bonds, etc., which were sold in 36 months

Compared to long-term gains, the tax rate on profits from such sales is higher. Recent changes have raised the STCG tax rates for mutual fund redemptions and listed equity shares in an attempt to prevent speculation and short-term trading.

Long-Term Capital Gains (LTCG)

If the asset is held over and beyond the short-term thresholds discussed above, any profit on the sale of the asset would be treated as a long-term capital gain. The holding periods are:

• Over 12 months for listed equity shares and mutual funds
• Over 24 months for unlisted shares and immovable property
• Over 36 months for all other assets

LTCG will generally be taxed at lower rates than STCG. The only disadvantage is that for the sale of most assets, indexation will be eliminated for sales after July 23, 2024.

Capital Gains Tax Rates (FY 2025–26)

The tax rates that apply are shown below:

Asset Type	Holding Period	Tax Rate
Listed Equity Shares & Equity Mutual Funds	Short-Term (≤ 12 months)	20% (previously 15%)
	Long-Term (> 12 months)	12.5% on amounts above ₹1.25 lakh
Unlisted Shares & Real Estate	Short-Term (≤ 24 months)	Taxed as per slab
	Long-Term (> 24 months)	12.5% without indexation
Gold, Bonds, Debentures, Other Assets	Short-Term (≤ 36 months)	Taxed as per slab
	Long-Term (> 36 months)	12.5% without indexation

Note: Because most long-term assets were sold after July 23, 2024, indexation has been removed.

Exemptions on Capital Gains Tax

The Income Tax Act has exemptions for reinvestment of capital gains in certain sections:

Section 54: Exemption on the sale of residential property if reinvested in another house.

Section 54F: Exemption on the sale of any long-term capital asset if the sale profits are reinvested in a house.

Section 54EC: Exemption allowed if the profits are invested in specified bonds within 6 months of sale.

The Capital Gains Account Scheme (CGAS) can be used to temporarily store the sale profits in case immediate reinvestment is not possible.

Conclusion

Capital Gains Tax (CGT) plays a vital role in wealth management and decision-making in investing. It is critical to understand the difference between short-term capital gains and long-term capital gains so tax liabilities can be planned accordingly.

With the recent tax changes, some careful investment planning and holding periods beyond short-term assets and all the exemptions as per the new laws may reduce tax liability.

Income Tax Return is referred to as ITR. Different Income Tax Return (ITR) forms have been provided by the Indian Income Tax Department for different taxpayer categories. Every form is made according to the taxpayer’s category and the type of income. For compliance, accurate tax assessment, and penalty avoidance, it is essential to file the correct ITR form.

An Income Tax Return (ITR) is a form that taxpayers submit to the income tax department stating their earnings and any necessary taxes.

Till now, the department has issued seven forms. It is essential that all taxpayers submit their ITRs before the due date. ITR forms are applicable in many ways depending on the taxpayer’s income sources, income amount, and taxpayer category (individuals, HUF, firm, etc.).

ITR – 1 (SAHAJ)

The ITR-1 has been designed for residents with annual incomes up to ₹50 lakh. It can be applied if sources of income consist of:

• Pension or salary
• Income from a single property (unless there is a carried loss)
• Other sources of income (not include prizes from horse racing or the lottery)
• Income from agriculture up to ₹5,000
• Section 112A allows for long-term capital gains of up to ₹1.25 lakh without carrying forward losses

However, anyone with business or professional income, multiple home properties, capital gains that exceed certain restrictions, overseas assets or income, directorship in a corporation, or investments in unlisted equity shares are not permitted to use ITR-1.

ITR – 2

Individuals and HUFs without business or professional income are subject to ITR-2. It works well if your earnings include of:

• Pension or salary
• Revenue from residential real estate, including multiple properties
• Capital gains
• Foreign assets and income
• Agricultural earnings that exceed ₹5,000
• Other sources of income, such as winners from horse racing and the lottery

If you have unlisted equity shares, are a Resident Not Ordinarily Resident (RNOR), are a non-resident, or are a director of the company, you must file an ITR-2. This form is not intended for people who make a living through their profession or company.

ITR – 3

Individuals and HUFs with business or professional income are required to file ITR-3. It includes the following:

• Private businesses or occupations (where an audit is required or books of accounts are maintained)
• Income from partnerships (as a partner in a firm)
• earnings from capital gains, real estate, salaries, and other sources

ITR-3 is the appropriate form to use if your income comes from a proprietary business or occupation that is not subject to presumed taxes.

ITR – 4 (SUGAM)

Individuals, HUFs, and businesses (except from limited liability partnerships) that choose presumptive taxes under Sections 44AD, 44ADA, or 44AE and are residents are subject to ITR-4. It can be applied if:

• Up to ₹50 lakh is the total income
• Sections 44AD or 44AE are used to declare business income
• Section 44ADA’s definition of professional income
• income from a job, a single residence, or other sources (not including prizes from horse racing or the lottery)

This form is also available to freelancers with gross incomes up to ₹50 lakh. However, if you have income beyond ₹50 lakh, own foreign assets, or are a director of a corporation, you cannot use ITR-4.

ITR – 5

ITR-5 is meant for:

• Firms
• LLPs
• AOPs (Association of Persons)
• BOIs (Body of Individuals)
• Artificial Juridical Persons
• Estate of deceased or insolvent persons
• Business trusts and investment funds

ITR-5 should be filed by entities that must report income, excluding corporations and trusts.

ITR – 6

Companies are regulated by ITR-6, with the exception of those that assert an exemption under Section 11 (charitable/religious reasons). This return must be submitted electronically by businesses using a digital signature.

ITR – 7

ITR-7 is used by institutions, political parties, trusts, and other organisations that must file returns under:

• Section 139(4A): Trusts and legal obligations for charitable/religious purposes
• Section 139(4B): Political parties
• Section 139(4C): News agencies, scientific research associations, educational and medical institutions
• Section 139(4D): Universities and colleges
• Section 139(4E) & (4F): Business trusts and investment funds

WHY SHOULD YOU FILE ITR?

In addition to being required by law, submitting an ITR offers the following benefits:

• helps in obtaining income tax refunds
• Necessary for loan and visa applications
• allows capital or commercial losses to be carried forward
• serves as evidence of income
• required for businesses, including those with little profit

CONCLUSION

The type of income, the taxpayer category, and the income level all affect which ITR form is appropriate. Rejection or penalties may follow the submission of an inaccurate form.

Here, this is just a brief about how to know which ITR Form is applicable to you based on your income structure. Consult your Tax consultant before opting for ITR Form or connect with us through

91-9267970588 or taxacumen.consultancy@gmail.com

The new tax regime under Section 115BAC(1A) and the old tax regime with deductions and exclusions are the two tax regimes that the Indian government permits salaried individuals and specific taxpayers to select between. The taxpayer must submit Form 10-IEA in order to keep the old regime.

What is Form 10-IEA?

The Income Tax Department introduced Form 10-IEA, a statutory declaration form. If a taxpayer wants to take advantage of deductions like the HRA, Section 80C benefits, standard deduction, etc., they can choose to stay under the old tax regime and avoid the default new one. This is particularly relevant for taxpayers who make money from their business or profession.

Who Should File Form 10-IEA?

Some taxpayers do not need to file Form 10-IEA. It is only required for Hindu Undivided Families (HUFs) and persons who:

• Having earnings that are classified as “Profits and Gains of Business or Profession”, choose to stick with the old tax regime rather than the new tax regime that was implemented in AY 2024–2025.
• It is not required for salaried individuals without company or professional income to file Form 10-IEA. When submitting their ITR, they have the option to select the previous regime directly. Nevertheless, the regime is only effective for that financial year after it is chosen.

Form 10-IEA: Why Was It Introduced?

Taxpayers previously opted for the new regime using Form 10-IE. However, the new tax regime is now the default choice starting in AY 2024–2025. Therefore, Form 10-IEA must be submitted by those who want to stay under the old regime.

By switching to a low-rate, no-exemption system, the government is attempting to simplify taxes while still providing flexibility to individuals who like common deductions.

The Procedure to File Form 10-IEA (Step-by-Step Guide)

Follow these simple steps to file Form 10-IEA online through the Income Tax e-filing portal:

Step 1: Log in on the e-Filing Portal

• Visit: https://www.incometax.gov.in
• Click on ‘Login’.
• Enter your PAN, password, and captcha code.

Step 2: Go to Income Tax Forms

• On the dashboard, click:
• ‘e-File’ > ‘Income Tax Forms’ > ‘File Income Tax Forms’

Step 3: Search and Select Form 10-IEA

• Scroll down or enter ‘Form 10-IEA’ in the search box.
• Click ‘File Now’ next to the form.

Step 4: Select the Correct Assessment Year

• Choose the assessment year for which you’re filing the return.
• Example: For FY 2024–25, select AY 2025–26.

Step 5: Check Required Documents & Click ‘Let’s Get Started’

• You’ll be shown a list of details needed to file the form.
• Once ready, click ‘Let’s Get Started’.

Step 6: Declare Business/Profession Income Status

• If you have income under “Profits and Gains from Business or Profession”, select ‘Yes’.
• Select the applicable due date for filing the return, then click ‘Continue’.
• Click the “Help Document” link for support with due dates.

Step 7: Confirm Your Regime Selection

• Click ‘Yes’ to confirm you are opting for the old tax regime.

Step 8: Fill Out All 3 Sections of the Form

i. Basic Information

• Your name, PAN, assessment year, and status will be auto-filled.
• If this is your first time opting out, the “Opting Out” option will be selected by default.
• If you have previously filed Form 10-IEA, the “Re-entering” option will be auto-filled.
• Click ‘Save’.

ii. Other Information

• This section requires you to declare whether you have any IFSC unit (under Section 80LA).
• If applicable, enter IFSC details and click ‘Save’.
• If you’re opting out of the new regime, this panel may be blacked out.

iii. Declaration & Verification

• Review the declaration section carefully.
• Tick the confirmation boxes and verify the details.
• Click ‘Preview’ to check the entire form before submission.

Step 9: e-Verify the Form

Choose one of the methods below to e-verify:

• Aadhaar OTP
• Digital Signature Certificate (DSC) – required if under audit
• Electronic Verification Code (EVC) via net banking or pre-validated bank account

Step 10: Submit the Form

• After successful verification, click ‘Yes’ to submit the form.

Step 11: Acknowledgement

Once submitted, a success message appears on screen with:

• Transaction ID
• Acknowledgement Receipt Number
• Keep these details for reference.

To download the submitted form, go to:

• ‘e-File’ → ‘Income Tax Forms’ → ‘View Filed Forms’

Due date: According to Section 139(1) of the Income Tax Act, you must file Form 10-IEA prior to the deadline for filing your Income Tax Return (ITR). For the majority of people, this is July 31st after the financial year ends.

Absence of Compliance: If you do not submit Form 10-IEA by the ITR deadline, the system will presume that you are selecting the default new choice, and you will not be able to claim exemptions or deductions permitted under the previous regime.

Conclusion

Form 10-IEA is a crucial document for taxpayers who want to take advantage of common deductions and exemptions while maintaining the old tax regime. The government’s objective to provide flexibility while promoting a simpler system is reflected in it. ITR processing runs smoothly and eliminates unnecessary tax charges when it is filed accurately and on time. At filing time, knowing when and how to utilise this form can help you avoid problems and save money.

A Direct Tax is one that is levied upon a person or entity and paid to the government directly. It is impossible to transfer the tax burden to another person.

These are few types of direct tax:

Income Tax (IT)

According to the provisions of the Income Tax Act of 1961, income tax is a tax that is directly imposed on the earnings that individuals, Hindu Undivided Families (HUFs), businesses, limited liability partnerships (LLPs), enterprises, and other entities earn. Five categories are used to categorise the Income: Capital Gains, Profits and Earnings from Business or Profession, Income from House Property, Income from Salaries, and Income from Other Sources. After calculating the relevant deductions and exemptions (such as those provided by Sections 80C, 80D, etc.), tax is due on the total taxable income. Through the Finance Act, the government updates tax rates and slabs every year (Union Budget). The Government of India receives most of its revenue from income tax.

Corporate Tax

According to the Income Tax Act of 1961, Corporate tax is imposed on the net profit of businesses, both local and foreign. While international corporations are only taxed on their income made in India, domestic companies are taxed on their entire income. Under Sections 115BAA and 115BAB, businesses may choose to use concessional rates, subject to specific requirements. Companies may also be required to pay health and education cess and surcharges in addition to corporate tax. India’s revenue is largely derived from corporate taxes, particularly from big businesses in industries like manufacturing, finance, and information technology.

Capital Gains Tax

When Capital Assets, such as buildings, land, gold, shares, and other valuable property, are sold or transferred, the profits are subject to capital gains tax. It is divided into two categories according to the period of time the asset is held: Short-Term Capital Gains (STCG) and Long-Term Capital Gains (LTCG). Depending on the asset type and holding duration, the tax rate changes.

Securities Transaction Tax (STT)

The Securities Transaction Tax (STT) is a direct tax levied on securities-related transactions carried out on authorised stock exchanges, including the buying and selling of shares, derivatives, and equity-orientated mutual funds. In order to streamline the taxes of stock market transactions, it was created by the Finance Act of 2004. Different transaction types have different STT rates. Depending on the nature of the transaction, the buyer, seller, or both may be responsible for paying the tax, which is collected by stock exchanges.

Gift Tax

The 1958 Gift Tax Act served as the original legislation governing gift tax; however, it was repealed in 1998. Gift taxation is now regulated under Section 56(2)(x) of the Income Tax Act of 1961. The amount of gifts given to an individual or HUF in a fiscal year that exceed ₹50,000 in value (apart from certain relatives or exempt categories) is taxed as income from other sources. Some presents, including those given as a marriage present or as an inheritance, are still excluded.

Wealth Tax (Abolished)

A direct tax referred to as wealth tax was imposed on the net worth of specific people, HUFs, and businesses if it beyond the specified amount. It was regulated by the 1957 Wealth Tax Act. Real estate, gold, expensive cars, and jewellery were all subject to wealth tax. The Finance Act of 2015 eliminated wealth tax for the Assessment Year 2016–17 due to the high expenses of compliance and low revenue yield. However, in order to maintain transparency and stop tax evasion, high-value assets are still required to be reported on income tax returns.

Taxation is an essential resource for governance and revenue collection, and it is a sovereign right. The Constitution of India establishes the basis for taxation and divides authority between the central government and state governments.

In India, taxes are imposed in accordance with laws passed by the state and central governments. Direct and indirect taxes are the two main categories of taxes, and several acts and constitutional clauses regulate how they are implemented.

Constitutional Framework

The power to levy taxes in India is derived from:

Article 265: “No tax shall be levied or collected except by the authority of law.”

Article 246: Distribution of legislative powers under three lists:

• Article 246(1): Union List
• Article 246(3):  State List
• Article 246(2): Concurrent List

Seventh Schedule: Subjects on which central, state, or both can levy taxes.

Classification of Taxes

Direct Tax: One cannot transfer direct taxes to another party; they are imposed directly on people or organisations. Examples are corporation tax and income tax. They are progressive, which means that those with higher incomes pay more, so advancing income equality.

Indirect Tax: Imposed on products and services and have the possibility to be transferred from producers to consumers. Customs duty, excise duty, and GST are a few examples. Regardless of income, all consumers pay the same rate, making these regressive in general.

Criteria	Direct Tax	Indirect Tax
Nature	Progressive	Regressive
Example	Income Tax, Corporate Tax	GST, Customs Duty
Burden	On the taxpayer	Passed on to the consumer
Administered by	CBDT	CBIC
Compliance	Complex and documentation-heavy	Easy to collect at point of sale

Cess and Surcharge

The terms “cess” and “surcharge” are frequently confused. Article 270 of the Constitution refers to a cess, which is a form of tax collected for a particular purpose, such as infrastructure or education. However, as stated in Article 271, a surcharge is an additional tax that is imposed on top of already-existing taxes, typically to generate money for certain purposes.

The Consolidated Fund of India, which the government uses for public spending, receives the sums from both cess and surcharge. In the M/s. SRD Nutrients Pvt. Ltd. vs. Commissioner of Central Excise, Guwahati [SC 2017] case, the Supreme Court made it clear that the higher education and education cess should be regarded as a surcharge.

Advantages and Disadvantages

Aspect	Direct Taxes	Indirect Taxes
Nature	Progressive: determined by wealth or income	Regressive – same rate for everyone
Progress	Promotes income equality	The burden falls more on lower-income consumers
Transparency	Clearly specified and documented	Hidden in prices, consumers are unaware
Tax Burden	Cannot be shifted to others	Shifted to end consumers
Administration	Complicated filing and compliance procedures	Easily gathered at the moment of sale
Stability of Revenue	Predictable government revenue	Varies according to patterns in consumption
Impact on Inflation	Can aid in reducing inflation	Tends to cause inflation and price increases
Risk of Compliance	Increased chances of tax evasion	Integrated collection reduces evasion
Impact on Economy	Could discourage investment	Promotes saving; can be modified to meet policy objectives

This Article is here for educational purpose only. The Author here explains the very basic concept of Tax System in India.