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This Query has 1 replies

This Query has 1 replies

In Q4 of FY 2024–25, we paid cash incentives through bank-issued gift cards to our employees.

Due to an oversight, these incentives were not included in the original Form 24Q (TDS return).

In June 2025, we recognized this error and included the cash incentive portion as perquisites, and the company paid the applicable tax (with interest) on behalf of the employees.

A revised TDS return was filed. However, we did not show the tax paid by the company on behalf of employees as perquisite in the revised return.

Due to a software error, the TDS credit did not reflect in Part A of Form 16, though the perquisite details appeared in Part B.

As a result, employees paid the tax themselves on these perquisites and filed their income tax returns accordingly.

After September 16, 2025, the software issue was identified and rectified, and a second revised TDS return was filed.

Now, tax credit is appearing correctly in Part A of Form 16 for the respective employees.

We have advised employees to file revised income tax returns to claim the tax credit.

Initially, the company planned to recover the tax amount paid on behalf of employees from their September 2025 salary. However, our CEO has directed that this tax should not be recovered from the employees and has offered to bear the entire tax burden himself

🙏 We seek expert opinion on the following points:

Perquisite Classification:
If the company does not recover the tax paid on behalf of employees, will this be treated as an additional perquisite under Section 17(2)(iv) of the Income Tax Act?

Tax Recovery from CEO:
Is it legally permissible and compliant under the Income Tax Act to recover this tax amount from the CEO’s salary instead of from the respective employees? What are the possible compliance issues or audit risks?

Gift Treatment:
If the company recovers the tax amount from employees and later issues the same amount as a Diwali/festive gift, what are the tax implications? Would this result in double taxation or any unintended consequences?

Correct Recovery Method:
What is the proper method to recover such tax amounts from employees after the company has already deposited it with the government on their behalf?

Implications of Non-Recovery:
What are the legal and tax consequences if the company chooses not to recover the tax paid on behalf of employees? Are there additional disclosures or compliance requirements we must meet?


C.S.MADHURANATH
This Query has 6 replies

This Query has 6 replies

26 September 2025 at 10:39

REPORTING FOREIGN INCOME

SIR, MY FRIEND WHO IS A RESIDENT AS PER INCOME TAX ACT, HAS SOME RENTAL AND INTEREST INCOMNE FROM AUSTRALIA. SINCE AUSTRALIA FOLLOWS JULY TO JUNE OF EVERY YEAR AS TAX YEAR, FOR CALCULATING AND FOR CLAIMING TAX CREDIT, FOR AY 2025-26, WHICH PERIOD TO BE CONSIDERED OF AUSTRALIAN INCOME.
IN OTHERWORDS, WHETHER 1/7/2023-30/6/2024 OR 1/7/2024 TO 30/06/2025? THANKS


PRAKHAR GUPTA
This Query has 3 replies

This Query has 3 replies

26 September 2025 at 10:39

Movement of Goods

Under an EPC contract : Customer is requesting component for Quality Check at his Delhi office. Contractor has accordingly informed its Subcontractor at Bangalore for the same. now Subcontractor will supply the Goods to Customer's Delhi office and after Quality Checks Subcontractor will arrange to move the component from Delhi to Production Factory at Maharashtra. In this Scenario what will be the Documents required from Sub Contractor Side under GST.

My Opinion is : Contractor will issue one PO to Subcontractor under Bill to (MH) /Ship to (DL) model. After Quality Checks Customer (DL) will issue a Non returnable Delivery Challan to Contractor's Maharashtra Factory.

Kindly advise.


abhijit majumder
This Query has 5 replies

This Query has 5 replies

25 September 2025 at 15:55

Instant payment on behalf of another person

Sir
Company A done some construction work through a contractor 'B' for Company C.
ie the construction work is for Company C but due to non-availability of manpower in Company C, on request of Company 'C' ,Company A execute the job .
The Company C requested Company A to make the payment to Contractor 'B' & latter Company C will reimburse the amount to Company "B".
My query is:
What will be journal entry in the books of Company 'A'.
Abhijit


Laxmikant
This Query has 5 replies

This Query has 5 replies

25 September 2025 at 11:28

GST Rate on GTA W.E.F 22.09.2025

We have GST registered transporters and trasnportation of material like Cement, Limestone, Coal. Flyash etc and claimed 12% GST and avail ITC also. My question is any change in GST w.e.f 22.09.2025.

From L.D.Dharmadhikari


ram nagesh
This Query has 2 replies

This Query has 2 replies

24 September 2025 at 17:45

Filing of form 10AB U/s 10(23c)(vi)

When filing Form 10AB, only 12A and 80G are visible, but Section 10(23)(vi) is not appearing.


Chandra Kala
This Query has 2 replies

This Query has 2 replies

24 September 2025 at 17:20

Form 10BB for the AY 2025-2026

Is it required to submit ITR for charitable trust / societies before submitting form 10AB for renwal of Registration. If so the Form 10BB not inserted by the Department


abhijit majumder
This Query has 6 replies

This Query has 6 replies

Sir
At present different professional institute charge 18% IGST on their membership fees.
Does this rate will remain same after 22nd September 2025.
Regards
Abhijit


Jaswinder singh
This Query has 5 replies

This Query has 5 replies

Respected Colleagues,
One of my client running Restaurant and building of restaurant already shown in fixed assets, now proprietor wants to add another property (hotel) in business through valuation dated 17.02.2025 from Certified IT valuer and creates a new fixed asset in business to claim depreciation, now my question, Is proprietor follows correct way to capitalised the hotel in books through valuation is the correct way or some other way ?....kindly guide


Priyanka Agarwal
This Query has 5 replies

This Query has 5 replies

24 September 2025 at 13:43

Exempt from GST

IF A PERSON HAS A BUSINESS OF SLAUGHTERING AND SUPPLYING THE MEAT TO EXPORTERS WHETHER THE PERSON IS LIABLE TO TAKE REGISTERATION UNDER GST OR WHETHER IT IS EXEMPT SUPPLY UNDER GST





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