Consolidated XBRL Reporting under the Companies Act, 2013

 By CA Surekha S Ahuja

CSR Expenses, Related Party Transactions & Government Grants

(Legal Applicability, Consolidation Logic and MCA XBRL Compliance)

Objective of this Guidance Note

This Guidance Note provides a complete and practical framework for understanding and implementing Consolidated Financial Statements (CFS) in XBRL, with focused guidance on:

• Corporate Social Responsibility (CSR) expenditure

• Related Party Transactions (RPT)

• Government Grants

It also conclusively addresses a frequent misconception:

Whether filing Standalone Financial Statements in XBRL dispenses with the requirement to file Consolidated XBRL.

The note is aligned with:

• Sections 129 and 135 of the Companies Act, 2013

• Ind AS 110, 20, 24 and 37

• Schedule III

• MCA XBRL Taxonomy (latest applicable)

Whether Consolidated XBRL Is Mandatory if Standalone XBRL Is Filed

Settled Legal Position

Filing of standalone financial statements in XBRL does NOT substitute or eliminate the requirement to file consolidated financial statements in XBRL.

Statutory Reasoning

• Section 129(3) mandates preparation of consolidated financial statements where a company has subsidiaries, associates or joint ventures

• The Companies (Accounts) Rules require separate filing of standalone and consolidated financials

• MCA has prescribed separate AOC-4 filings and separate XBRL instances for:

  • Standalone financial statements

  • Consolidated financial statements

Practical Conclusion

Standalone XBRL and Consolidated XBRL are parallel statutory filings.
Compliance with one does not cure non-compliance with the other.

Core Concept to Understand Before Everything Else

Legal obligations arise at the entity level.
Consolidated financial statements present the group as a single economic unit.

Consolidation:

• does not create new statutory obligations, but

• aggregates and reports the financial impact of entities that already have obligations.

This distinction is critical for CSR, RPT and Government Grants.

CSR Expenses in Consolidated XBRL Reporting

CSR Applicability – Entity Level Only

CSR obligation under Section 135 applies only to companies that independently meet the prescribed thresholds.

• Holding company may be CSR-liable

• Some subsidiaries may be CSR-liable

• Some subsidiaries may not be CSR-liable

CSR obligation is never computed on consolidated profits.

Why CSR Appears in Consolidated Financial Statements

Under Ind AS 110, consolidated financial statements reflect the combined financial performance of the group.

Therefore:

• CSR expenditure incurred by CSR-liable entities is included in consolidated expenses

• CSR obligation and spending are aggregated for disclosure purposes only

Aggregation does not mean group-level applicability.

Mandatory CSR Disclosures (Schedule III & XBRL)

CSR disclosures are mandatory, numerical and comparative, not descriptive.

The following must be disclosed in consolidated XBRL:

• Amount required to be spent

• Amount actually spent

• Amount spent through:

  • Direct implementation

  • Group entities

  • Trusts / NGOs

• Unspent CSR amount (recognised as provision / liability)

Consolidation Logic for CSR (High-Risk Area)

• CSR expense is never eliminated in consolidation

• Only intra-group CSR funding transactions are eliminated

• Unspent CSR represents a present obligation under Ind AS 37 and must be recognised as a liability

The most common MCA/XBRL error is elimination of CSR expense instead of elimination of only the funding leg.

Related Party Transactions (RPT) in Consolidated XBRL

Scope of Related Parties in Consolidation

Under Ind AS 24, consolidated RPT disclosures must cover transactions with:

• Parent company

• Subsidiaries

• Associates and joint ventures

• Key managerial personnel of the parent and the group

• Relatives of KMPs

The disclosure universe expands in consolidation.

Elimination vs Disclosure – The Golden Rule

Aspect	Accounting Treatment	Disclosure Requirement
Intra-group sales/services	Eliminated	Must be disclosed
Management fees	Eliminated	Must be disclosed
CSR routed via subsidiaries	Eliminated	Must be disclosed
Loans/guarantees	Eliminated	Must be disclosed

Elimination removes duplication of numbers, not disclosure obligations.

RPT Disclosures in XBRL

RPT disclosures must be tabular, covering:

• Nature of relationship

• Nature of transaction

• Transaction amount

• Outstanding balances

• Whether transactions are at arm’s length

Blank RPT tables are a frequent cause of XBRL validation failure.

Government Grants in Consolidated XBRL

Recognition Principles

Government grants are recognised at the entity level under Ind AS 20 only when:

• There is reasonable assurance of compliance with conditions, and

• Receipt of the grant is reasonably certain

Consolidated Treatment

In consolidated financial statements:

• Grants received by subsidiaries are included

• Intra-group transfers of grant funds are eliminated

• Deferred government grants appear as consolidated liabilities

• Amortisation of grants is reflected in consolidated profit and loss

Mandatory Disclosures

Disclosures must include:

• Nature of grants

• Amount recognised as income

• Deferred grant balances

• Conditions attached to grants

Grant income and deferred grant liabilities must be tagged separately in XBRL.

Why CSR, RPT and Government Grants Are High-Scrutiny Areas

These areas attract regulatory focus because:

• They involve statutory compliance, not merely accounting policy

• They require cross-reconciliation between:

  • Computation

  • P&L

  • Notes

  • XBRL tags

• MCA validation tools perform internal consistency checks

Most failures arise from conceptual misunderstanding, not from XBRL software issues.

Practical Guidance for Review and Execution

For Partners (Oversight Perspective)

• Confirm consolidated XBRL is filed separately

• Validate CSR applicability entity-wise

• Ensure CSR expense is not eliminated

• Ensure RPT disclosures exist even where balances are nil

• Ensure grants are consistently recognised and tagged

For Article Teams (Execution Perspective)

• Understand legal applicability before consolidation

• Never suppress disclosures because of eliminations

• Always reconcile numbers across computation, notes and XBRL

• If in doubt, disclose rather than omit

Final Professional Position

Standalone XBRL fulfils entity-level reporting.
Consolidated XBRL fulfils group-level transparency.
Both are independently mandatory when applicable.

Correct consolidated XBRL reporting follows a clear sequence:

Law → Accounting → Consolidation → Disclosure → XBRL Tagging

Any deviation from this sequence creates compliance risk.

Closing Note

A clear conceptual understanding of CSR, RPT and Government Grants in consolidation ensures:

• Clean MCA validation

• Smooth audits

• Defensible regulatory positions

This Guidance Note may be relied upon as a standard internal reference for consolidated XBRL reporting.

Peer Review – Complete Professional Protocol for Firms, Reviewers, and Staff

 By CA Surekha S Ahuja

(Aligned with ICAI Guidelines and Best Practices)

Peer Review is a collegial, system-focused quality assurance exercise, designed to enhance the robustness of a Practice Unit’s (PU) processes, documentation, and ethical compliance. It is not an audit, investigation, or disciplinary exercise, but a structured dialogue aimed at improving professional systems, while preserving client confidentiality and organizational dignity.

Role of the Peer Reviewer

The Peer Reviewer, typically a senior professional, is expected to:

• Conduct the review independently, objectively, and courteously.

• Evaluate the PU’s systems, procedures, and documentation frameworks, focusing on compliance with Standards on Auditing/Assurance, SQC 1 / SA 220, and ICAI Code of Ethics.

• Select assurance engagements on a sample basis, strictly limited to the review period.

• Maintain absolute confidentiality; observations are constructive and system-oriented, not punitive.

• Retain only peer review questionnaires, checklists, professional notes, and non-client-specific firm manuals shared with consent.

Professional boundaries: The reviewer shall not copy, photograph, scan, remove, or email client files, nor use them as reviewer working papers. Full or unrestricted system/cloud access is not required.

Responsibilities of the Practice Unit

The Practice Unit ensures a structured, compliant, and cooperative environment:

• Pre-review preparation: Submit completed Peer Review Questionnaire, assurance client list with fees, and a concise note on firm policies—independence, supervision, engagement quality review, acceptance, and documentation.

• Controlled access: Client and engagement files are available only on-site or via controlled on-screen inspection, under supervision.

• Confidentiality protection: Sensitive client information is masked as appropriate.

• Coordination: A designated partner or senior supervises all interactions with the reviewer.

• Constructive engagement: Facilitate factual clarifications and explanations, avoiding unsolicited interpretations or informal sharing.

Internal Staff SOP at the Practice Unit

Staff play a critical supporting role in maintaining professionalism and ensuring smooth review execution:

Do’s:

• Familiarize themselves with review protocols and file organization.

• Respond factually and courteously to reviewer queries via the designated partner/senior.

• Ensure engagement files and firm records are complete, indexed, and ready for inspection.

• Maintain strict client confidentiality at all times.

Don’ts:

• Do not copy, photograph, scan, or transmit client records.

• Do not provide passwords, system or cloud access.

• Do not answer reviewer queries independently or beyond scope.

• Do not remove or alter engagement files during or after the review.

Post-review obligations: Re-secure all records, implement follow-up instructions, and continue to maintain confidentiality of observed information.

Guiding Principles

• Peer Review is a professional dialogue, not a fault-finding mission.

• Controlled access, system-based assessment, and constructive feedback define an effective review.

• Respect, professionalism, and confidentiality are the pillars that ensure trust, compliance, and continuous improvement.

Internal Caption:
“Professional restraint, system readiness, and cooperative engagement form the foundation of an effective Peer Review.”

MCA Business Activity Codes for MGT-7 (2025)

 By CA Surekha S Ahuja

Complete NIC-2008 Classification for MCA V3 Portal

(Applicable for FY 2024-25 onwards)

Why This Update Matters

With the complete shift to the MCA V3 portal, the Ministry of Corporate Affairs now requires companies to report their Principal and Ancillary Business Activities strictly using NIC-2008 numeric codes while filing Form MGT-7.

The earlier alphanumeric MCA codes (A1, C3, M2, etc.) are no longer in use.
As of December 2025, NIC-2025 has not been adopted for MGT-7.

This post serves as a single-page, practical reference for professionals and companies to select correct NIC-2008 codes and avoid filing errors.

Key Filing Rules (Read This First)

• Only NIC-2008 numeric codes are accepted on MCA V3

• Multiple business activities can be selected

• Turnover percentage must total exactly 100%

• Principal activity must align with financial statements and objects clause

NIC-2008 Business Activity Codes (MGT-7 Ready)

 Agriculture, Forestry & Fishing

01 Crop and animal production and allied activities
02 Forestry and logging
03 Fishing and aquaculture

Mining & Quarrying

05 Mining of coal and lignite
06 Extraction of crude petroleum and natural gas
07 Mining of metal ores
08 Other mining and quarrying
09 Mining support service activities

Manufacturing

10 Food products
11 Beverages
12 Tobacco products
13 Textiles
14 Wearing apparel
15 Leather and related products
16 Wood and cork products
17 Paper and paper products
18 Printing and recorded media
19 Coke and refined petroleum products
20 Chemicals and chemical products
21 Pharmaceuticals and medicinal products
22 Rubber and plastic products
23 Non-metallic mineral products
24 Basic metals
25 Fabricated metal products
26 Computer, electronic and optical products
27 Electrical equipment
28 Machinery and equipment n.e.c.
29 Motor vehicles, trailers and semi-trailers
30 Other transport equipment
31 Furniture
32 Other manufacturing
33 Repair and installation of machinery and equipment

Construction

41 Construction of buildings
42 Civil engineering (roads, bridges, utilities)
43 Specialized construction activities

Trade (Wholesale & Retail)

45 Wholesale and retail trade of motor vehicles
46 Wholesale trade (except motor vehicles)
47 Retail trade (except motor vehicles)

Information Technology & Communication

58 Publishing activities
61 Telecommunications
62 Computer programming, consultancy and related services
63 Information service activities (data hosting, web portals)

Finance & Insurance

64 Financial service activities (except insurance and pension funding)
65 Insurance and pension funding
66 Activities auxiliary to financial services and insurance

Real Estate

68 Real estate activities with own or leased property
68 Real estate activities on fee or contract basis

Professional, Scientific & Consultancy Services

69 Legal and accounting activities
70 Management consultancy
71 Architecture, engineering and technical testing
72 Scientific research and development
73 Advertising and market research
74 Other professional, scientific and technical activities
75 Veterinary activities

Education

85 Education (schools, colleges, training institutes, coaching)

Healthcare & Social Services

86 Hospital activities
87 Residential nursing and elderly care
88 Social work activities without accommodation

 How to Report in MGT-7 (V3)

1. Identify actual revenue streams from financial statements

2. Select relevant NIC-2008 codes from MCA dropdown

3. Allocate turnover percentage for each activity

4. Ensure total equals 100%

5. Match principal activity with revenue and objects clause

Compliance Insight (Most Important)

MGT-7 filing is now NIC-centric, not legacy-code-centric.
Correct NIC-2008 selection ensures smooth acceptance and avoids future MCA queries.

Please write to us for Excel Shhet of NIC Code 

Step into 2026 with Zeal and Zest: Strategic Year-End Tax Planning under the Income Tax Act, 2025

 By CA Surekha S Ahuja

As we welcome 2026, it’s the perfect moment for taxpayers, CAs, NRIs, and businesses to prepare proactively for the new financial year. The Income Tax Act, 2025, notified in August 2025, replaces the Income Tax Act, 1961, effective April 1, 2026 (FY 2025-26 / AY 2026-27). This is more than a reform—it is a strategic opportunity to optimize taxes, align with digital compliance, and plan for AI-driven audits.

With 31st December 2025 approaching, year-end planning is no longer optional—it is the key to maximizing savings, minimizing risks, and stepping into 2026 confidently.

Why Year-End Planning Matters

• Maximize Tax Savings: Decide on the old vs new regime, exemptions, and deductions before the year ends.

• Audit Readiness: High cash transactions, turnover thresholds, and NRI compliance must be reconciled to avoid AI-driven scrutiny.

• NRI Compliance: Verify PAN, DTAA filings, and overseas assets before 31st December to prevent refund delays or higher TDS.

• Advance Tax Alignment: Proper planning ensures smooth quarterly installments for AY 2026-27.

Insight: Proactive year-end action allows taxpayers to leverage rebates, slab benefits, and prescriptive audit thresholds, ensuring both compliance and optimization.

New Tax Slabs & 87A Rebate (FY 2025-26 / AY 2026-27)

Income Range (₹ lakh)	Tax Rate	Planning & Impact
0 – 4	0%	Basic exemption increased from ₹3L → ₹4L; minimal compliance burden.
4 – 8	5%	Marginal rate; document eligible deductions.
8 – 12	10%	₹60k rebate makes income ≤₹12L effectively tax-free; optimize via exemptions.
12 – 16	15%	Lower than old regime; medium-income taxpayers benefit from strategic investments.
16 – 20	20%	Upper-middle slab; plan salary structure and deductions to reduce effective tax.
20 – 24	25%	New slab; capital gains, high-income planning critical.
Above 24	30%	Top slab; surcharge capped at 25% for income >₹2Cr; early planning saves significant tax.

Impact: Careful regime selection and slab analysis can save ₹1–1.14 lakh for middle- and upper-middle-income taxpayers.

NRI Year-End Compliance Checklist

1. PAN & Residency Verification:

   • Maintain PAN without Aadhaar using passport/OCI/Form 60.

   • Avoid refund withholding or automatic deactivation.

2. DTAA & Foreign Tax Credit:

   • File Form 67 before 31st December 2025.

   • Reconcile under Clause 422 by March 31, 2026, to claim relief.

3. Asset Reporting:

   • Disclose overseas assets in Schedule FA/TR.

   • Plan for ITR-U filing (up to 4 years) to correct errors voluntarily.

4. Interest Income TDS:

   • NRIs with Indian income >₹15 lakh must quarterly e-verify PAN to avoid 20% TDS hike.

Tip: Year-end reconciliation ensures smooth filing for AY 2026-27 and avoids last-minute compliance issues.

Audit & Cash Thresholds — Year-End Preparation

Category	Threshold	Year-End Planning Insight
Business turnover	₹1 crore (₹3 crore if ≥95% digital)	Reconcile cash receipts/payments; prepare AIS/TIS reports before year-end.
Professional receipts	₹50 lakh	Ensure proper accounting of cash receipts to avoid triggering audit.
Cash receipts/payments	>₹5 lakh/day or 5% of total	Document all high-value cash inflows/outflows; reconcile with books.
Presumptive taxation (44AD/44ADA)	≤₹3 crore (business) or ≤₹50 lakh (profession) with ≥95% digital	Consider switching to presumptive scheme if eligible for simplicity and audit exemption.

Impact: Pre-year-end documentation of cash, digital receipts, and bank reconciliations reduces audit risk and ensures compliance.

ITR Filing & Advance Tax Planning

• Collect Form 16/16A, AIS/TIS, bank statements, capital gains reports.

• Compute old vs new regime and decide best option for AY 2026-27.

• NRIs attach passport/OCI for residency proof in ITR-2/3.

• Advance Tax Planning:

  • 15% by June 15, 2026; remaining installments quarterly.

• Pre-match 90% of data for AI-driven audit scrutiny (>₹50L turnover or high cash exposure).

Tip: Proactive planning before 31st December 2025 ensures maximal savings and smooth filing for AY 2026-27.

Year-End Action Timeline

Period	Key Steps
Now – 31 Dec 2025	Review income, deductions, exemptions; reconcile cash and bank transactions; finalize NRI residency and DTAA filings; decide regime choice; pre-match AIS/TIS data.
Jan – Mar 2026	Deploy slab calculators, adjust salary structure, advise clients on regime opt-in, prepare software upgrades.
Apr 1, 2026	Act becomes effective; start filing for FY 2025-26 / AY 2026-27.
Q2–Q4 2026	Advance tax (June 15), audit reports (Oct 31), full ITR cycle under new slabs.

Reasoning & Impact: Year-end preparation ensures smooth transition, maximum savings, and audit-ready compliance in the digital-first era.

Strategic Takeaways

1. Year-End Regime Selection: Compare old vs new slabs to optimize taxes.

2. NRI Compliance: PAN, DTAA, and overseas assets must be reconciled before 31st December.

3. Cash & Digital Transactions: Document high-value cash receipts/payments.

4. Audit Readiness: Pre-match AIS, TIS, and bank data.

5. Advance Planning: Optimize investments, salary structure, and deductions before the year ends.

Conclusion: The Income Tax Act, 2025 is a strategic opportunity. By acting before 31st December 2025, taxpayers, NRIs, and professionals will ensure maximum savings, smooth filing for AY 2026-27, and compliance in a transformative, AI-driven taxation environment.

 

 

Guide to Capital Goods under GST – Credit, Reversal, Sale, Loss, and Reporting

By CA Surekha S Ahuja

Introduction: Why Capital Goods Require Special Attention

In GST compliance, capital goods are not a one-time event—they demand lifecycle tracking. Businesses can claim full input tax credit (ITC) upfront, but the law expects tax neutrality to be maintained until the asset is finally:

• Sold

• Scrapped

• Destroyed

• Permanently removed from business use

Most GST disputes on capital goods arise not from legal ambiguity, but from missed reversals, incorrect valuation at the time of sale, or misreporting in annual returns (GSTR-9/9C). A disciplined approach ensures smooth audits, accurate ITC management, and minimal risk of penalties.

Capital Goods Definition & ITC Eligibility

• Capital goods: Assets capitalized in books providing enduring business benefit. GST follows accounting character and economic substance, not just invoice description.

• Repairs/maintenance: Restorative expenditure that does not improve/upgrade the asset is treated as repair, not capital goods, and does not trigger reversals.

Eligibility under Section 16 CGST Act:

• ITC allowed if goods are used/intended for business and invoice, receipt, tax payment, and return filing conditions are satisfied.

• Full ITC can be claimed in the year of purchase; spreading over useful life is not required.

• Caution: GST component must not be capitalized for income-tax depreciation—doing so permanently blocks ITC.

When ITC Is Blocked or Denied (Section 17(5))

• Assets used for personal purposes, immovable property on own account, or certain motor vehicles

• Blocked at inception → no ITC available, even if later sold

Exempt or Mixed Supplies (Section 17(2) & Rule 43)

• Partial/complete use for exempt supplies → proportionate ITC reversal

• Rule 43: Monthly, asset-wise reversal over 60 months

• Repairs excluded

• Rule 44(6): 5% per quarter reduction method commonly used for sales or disposal

Reverse Charge on Capital Goods (Sections 9(3)/9(4))

• GST under reverse charge must be paid in cash and reported in GSTR-3B Table 3.1(d)

• ITC available once paid (Section 16 conditions apply)

• Subsequent sale/disposal treated like forward-charge goods

Sale, Disposal, Scrap, or Permanent Removal (Section 7 & 18(6))

• Always a taxable supply, regardless of age or book value

• GST liability = higher of:

  1. Tax on transaction value (Section 15)

  2. ITC attributable to remaining useful life

• Remaining ITC: Original ITC × reduction (5% per quarter, Rule 44(6))

• Applies even if sold in same financial year

Accounting loss or WDV does not reduce GST liability; paying GST only on sale price is a common audit trigger.

Loss, Destruction, Theft, or Write-off

• ITC on destroyed/lost/stolen/written-off capital goods must be reversed (Section 18(6) + Rule 44(6))

• No sale consideration required

• Frequently missed reversal during audits

Insurance Claims

• Compensation is not a supply → no GST

• Exit of asset → ITC reversal mandatory

• Reversal required even if insurance proceeds received

Step-by-Step GSTR Reporting Guide

Event	GSTR-1	GSTR-3B	GSTR-9	GSTR-9C
Sale of capital goods	B2B/B2C	Table 3.1	Taxable turnover	Reconciling item
ITC reversal (Rule 43/18(6))	—	Table 4(B)	Report separately	Reconciling item
Reverse charge	—	Table 3.1(d)	Report if applicable	Reconciling item

Tips:

• Same-year sales → calculate remaining ITC using Rule 44(6)

• Reverse ITC for loss, destruction, insurance claims even if no sale consideration

• Misplacement in GSTR-9C = audit trigger

ITC Reversal Checklist – Insurance, Loss, and Disposal

1. Insurance Claims: Reverse ITC; GST not applicable

2. Loss/Theft: Reverse ITC; maintain asset register & proof

3. Sale/Disposal/Scrap: Compare GST on sale vs. remaining ITC; pay higher

4. Exempt/Mixed Supply: Monthly Rule 43 reversal till 60 months or disposal

5. Documentation: Asset register, ITC calculations, invoices, insurance claims, destruction proofs

Numerical Illustrations

1. Sale after 3 Years (12 Quarters)

• Purchase: ₹10,00,000 + GST 18% (₹1,80,000)

• Sale: ₹4,00,000

• Remaining ITC: 40% × ₹1,80,000 = ₹72,000

• GST on sale: 18% × ₹4,00,000 = ₹72,000

• GST payable = ₹72,000

2. Sale Same Year (1 Quarter)

• Remaining ITC: 95% × 1,80,000 = ₹1,71,000

• GST on sale = ₹90,000 → Pay higher = ₹1,71,000

3. Destruction w/ Insurance (2 Years)

• Remaining ITC = 60% × 1,80,000 = ₹1,08,000

• Reverse ITC = ₹1,08,000; GST = NIL

4. Exempt Supplies

• ITC: ₹1,20,000

• Monthly Rule 43 reversal = ₹2,000

• Continue till 60 months or disposal

Common Errors & Audit Triggers

• Claiming depreciation on GST

• Ignoring Rule 43 reversals

• Missing reversals on loss, destruction, or insurance claims

• Paying GST only on sale price

• Misreporting in GSTR-3B/9/9C

Result: Interest, penalties, and compliance failures

Professional Insights & Best Practices

GST on capital goods is lifecycle-based, not punitive. Full ITC upfront is allowed, but businesses must:

• Track asset usage and lifecycle

• Ensure timely ITC reversals

• Maintain accurate GSTR-3B, 9, 9C reporting

• Keep detailed supporting documentation

Outcome: Businesses aligning accounting, monthly filings, and annual reconciliations rarely face disputes and audit challenges.

Conclusion

Capital goods under GST require strategic lifecycle management. Proper understanding of ITC eligibility, reversals, sale/disposal, insurance treatment, and reporting not only ensures compliance but also protects businesses from audit disputes and penalties.

By following a structured approach—from purchase to exit—businesses can maximize tax benefits while maintaining full legal compliance. This comprehensive framework makes GST on capital goods a manageable and predictable process, turning what is often a compliance challenge into an operational advantage.

Can Form 26QB TDS Be Paid If the Buyer’s Login ID Is Not Known

By CA Surekha S Ahuja

In property transactions, buyers frequently encounter a practical hurdle: the buyer has a PAN but does not have, or does not remember, the Income-tax portal login credentials. This often leads to confusion about whether TDS under Form 26QB can be paid at all.

The short answer is yes.
The Income-tax law does not make portal login a pre-condition for depositing TDS on purchase of property.

This article explains the legal position, permitted payment mechanisms, and post-payment compliance, in a clear and structured manner.

Statutory Requirement Under Section 194-IA

Section 194-IA of the Income-tax Act, 1961 mandates that:

• Where the consideration for transfer of immovable property is ₹50 lakh or more

• The buyer is required to deduct TDS at 1%

• The deducted tax must be deposited through Form 26QB

Key statutory points:

• TAN is not required

• PAN of both buyer and seller is compulsory

• TDS must be deposited within 30 days from the end of the month in which deduction is made

Notably, neither the Act nor the Rules prescribe login to the Income-tax portal as a condition for making the payment.

Practical Issue: Absence of Buyer Login Credentials

In real-life transactions, it is common that:

• The buyer has never filed an income-tax return

• No income-tax portal account has been created

• Login credentials are forgotten or inaccessible

• Property registration timelines are tight

This leads to the misconception that TDS payment cannot proceed without login access, which is incorrect.

Permissible Methods to Pay Form 26QB Without Buyer Login

The Income-tax Department has provided pre-login and alternate payment facilities to ensure smooth compliance.

Method 1: Income-tax Portal – Pre-Login e-Pay Tax Facility

This is the most direct and recommended route.

Procedure:

1. Visit www.incometax.gov.in

2. Select e-Pay Tax

3. Choose Continue as Guest / Pre-Login Service

4. Select TDS on Sale of Property – Form 26QB

5. Enter:

   • Buyer PAN

   • Seller PAN

   • Property consideration

   • Date of payment or agreement

   • TDS amount (1%)

   • Property details

6. Complete payment using net banking, debit card, or other enabled modes

Upon successful payment:

• Form 26QB (challan-cum-statement) is generated

• An acknowledgement number is issued

At this point, the buyer’s statutory obligation to deposit TDS stands fulfilled.

Method 2: TIN-NSDL / Bank-Based Payment Route

This method remains useful where portal access is difficult or where bank-assisted payment is preferred.

Procedure:

1. Access the TIN-NSDL Form 26QB page

2. Fill in buyer and seller PAN, property details, and TDS amount

3. Generate challan

4. Make payment through online banking or authorised bank channels

This route also does not require login to the Income-tax portal.

Post-Payment Compliance: What Follows After 26QB Payment

Credit to Seller

• TDS reflects in the seller’s Form 26AS

• Seller becomes eligible to claim credit in the return of income

Issuance of Form 16B

• Buyer is required to download Form 16B (TDS certificate) from TRACES

• This can be done after creating or retrieving portal credentials

• Form 16B must be issued to the seller within the prescribed time

Importantly, Form 16B is not required at the time of TDS payment, but is a subsequent compliance.

Is Buyer Registration on Income-tax Portal Mandatory

• Not mandatory for depositing TDS

• However, advisable for post-payment compliances, including:

  • Downloading Form 16B

  • Responding to any future notices

  • Tracking TDS credits and filings

The buyer’s PAN itself acts as the user ID, and registration can be completed at any later stage.

Key Practical Precautions

• Ensure accurate PAN details of both parties

• Match consideration value with sale agreement

• Deduct TDS at the time of payment or credit, whichever is earlier

• Deposit TDS within the statutory timeline

• Retain challan and acknowledgement details

Errors in PAN or amounts may lead to credit mismatch and rectification delays.

Concluding Note

Form 26QB compliance is transaction-centric, not login-centric.
The absence of buyer login credentials does not restrict or invalidate TDS payment, provided the statutory requirements are otherwise met.

Pre-login and alternate payment mechanisms ensure that property transactions are not stalled due to technical or access-related issues, while maintaining full legal compliance.

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PAN Compliance for NRIs: Aadhaar Exemption and Strategic Year-End Guidance

 As the ITR-U filing deadline approaches, Non-Resident Indians (NRIs) have increasingly received notifications regarding PAN‑Aadhaar linking. While these notices may appear urgent, it is important to understand the legal requirements, implications, and structured compliance measures. This advisory outlines a comprehensive framework for NRIs to maintain compliance, safeguard refunds, and protect assets.

Legal Position: Aadhaar Exemption for NRIs

• Section 139AA of the Income Tax Act, 1961 requires PAN to be linked with Aadhaar only for Indian residents.

• NRIs, as defined under Section 6, are legally exempt from Aadhaar.

• PAN held by NRIs remains valid indefinitely for tax filings, property transactions, and banking purposes.

• Professional advisory: Responding to PAN-Aadhaar notifications may inadvertently flag the NRI as a resident, triggering automated scrutiny or administrative actions under Clause 422.

Automated Compliance Risks and NRI Considerations

Although Aadhaar is not applicable to NRIs, automated systems may flag notifications due to:

1. Residency mismatch alerts arising from PAN communications.

2. TDS discrepancies in rental, salary, or other income, as seen in Form 26AS or the Annual Information Statement (AIS).

3. Capital gains or property transaction inconsistencies, potentially triggering administrative holds or asset liens.

Key principle: Accurate documentation and timely corrective filings prevent automated escalations, including blocked refunds or asset freezes.

Structured Compliance Action Plan for NRIs

Step 1: Maintain Documentation

• Preserve proof of non-resident status: Passport, visa, and Tax Residency Certificate (TRC).

• Archive all PAN-Aadhaar messages as evidence of exemption.

Step 2: Verify TDS and Income Reporting

• Reconcile Form 26AS with AIS to identify and rectify discrepancies in rental, salary, or other income.

Step 3: File Corrective Returns if Necessary

• File ITR-U under Section 139(8A) to address any discrepancies flagged by automated processes.

• Ensure all exemptions and deductions are correctly claimed.

Step 4: Utilize DTAA Protections

• Submit TRC and Form 10F to claim treaty-based TDS rates (typically 15% vs 30%).

• Align rental and investment income with applicable treaties to avoid excess TDS.

Step 5: Professional Oversight

• Engage qualified advisors to review filings and correspondence with the IT Department.

• Address any communications formally and professionally to prevent misclassification or administrative errors.

Advisory Principles for NRIs

• Do not respond to PAN-Aadhaar notifications.

• Ensure all TDS and income reporting is accurate and reconciled.

• Maintain comprehensive proof of NRI status and documentation for all financial transactions in India.

• Consult professional advisors for any notices to mitigate automated penalties or asset restrictions.

Illustrative Risk Scenario

A Dubai-based NRI encountered a ₹18 lakh property lien due to a ₹2.5K TDS discrepancy on rental income. Responding to a PAN-Aadhaar message flagged residency, triggering automated escalation.

Professional takeaway: Strategic documentation, reconciliation, and timely corrective filing are essential to avoid such escalations.

Conclusion

NRIs are legally exempt from Aadhaar linking, and PAN remains fully valid. Effective compliance requires:

• Structured documentation of NRI status

• Accurate TDS and income reporting

• Timely corrective filings, including ITR-U where needed

• Utilization of DTAA protections (TRC + Form 10F)

• Professional oversight and documentation of all departmental communications

By following a methodical, evidence-based approach, NRIs can manage Indian tax obligations confidently, avoid unnecessary automated scrutiny, and protect refunds and assets.

Clause 422, Income-tax Bill 2025: Why NRIs Must Now Treat Tax Reconciliation as Asset Protection

 By CA Surekha S Ahuja

No panic. No noise. Just a quiet change in recovery law that every NRI with Indian assets should understand.

The proposed Income-tax Bill, 2025 introduces Clause 422, a provision that subtly but decisively reshapes the manner in which outstanding tax dues may be recovered. While the authority to recover taxes is not new, the speed and sequencing under the new framework marks a material shift, particularly for Non-Resident Indians (NRIs) who manage Indian assets and compliance remotely.

This note is intended as a professional advisory with an alert element — to help NRIs understand the change clearly, assess their exposure calmly, and take preventive steps where required.

Understanding Clause 422 — What Has Really Changed

Clause 422 consolidates and modernises the recovery provisions that earlier existed across multiple sections of the Income-tax Act, 1961. The most significant change is procedural compression.

Once a tax demand becomes legally enforceable, the tax authorities may initiate recovery actions such as attachment of bank accounts, fixed deposits, rental receivables, or immovable property, where recoverable dues exceed the prescribed threshold.

Importantly, this does not remove the taxpayer’s right to appeal, seek rectification, or obtain relief through due process. However, the practical time gap between demand crystallisation and recovery action has reduced.

Why This Matters More for NRIs

Most NRIs manage Indian tax matters in good faith, relying heavily on tax deducted at source and third-party reporting. While this model works in most cases, it also means that system-driven mismatches, rather than intentional defaults, are the primary source of exposure.

Typical areas where NRIs encounter issues include rental income where TDS under Section 195 is short or incorrectly deposited, property sales where TDS at 30 percent exceeds actual capital gains, refunds withheld due to automated verification or risk flags, and small interest or penalty demands that remain unnoticed on the e-filing portal.

Under Clause 422, unresolved mismatches — not intent — may lead to faster recovery actions.

How Risk Commonly Builds Up in Practice

Experience shows that recovery exposure rarely begins with large tax defaults. More often, it starts with a small difference, an untracked demand, or a pending clarification. In a fully digital environment, silence or delay is interpreted as non-response, allowing the system to move forward.

Clause 422 does not change the law’s intent; it changes the tempo.

Advisory Safeguards NRIs Should Implement

Periodic reconciliation of Form 26AS and AIS is now essential, not optional. This ensures that income, TDS credits, and system records are aligned and that no demand remains unnoticed.

Where income has been under-reported inadvertently or TDS credit has been missed, ITR-U provides a structured and lawful route to regularise matters. Used timely, it prevents minor gaps from maturing into recovery proceedings.

Equally important is maintaining complete DTAA documentation, including a valid Tax Residency Certificate and Form 10F. Proper treaty compliance often reduces excess TDS and avoids refund-driven mismatches that later convert into demands.

What Clause 422 Does Not Mean

Clause 422 does not permit arbitrary attachment of assets. It does not override appellate remedies or dilute taxpayer protections. Compliant taxpayers remain fully safeguarded.

The provision simply reflects an expectation of timely response and data accuracy in a technology-driven tax ecosystem.

Professional Perspective

Clause 422 reinforces a fundamental professional principle:

In a real-time tax system, timely reconciliation is the most effective form of asset protection.

For NRIs holding Indian real estate, rental portfolios, bank deposits, or repatriation-linked investments, compliance discipline is now a strategic necessity, not a procedural formality.

Conclusion

There is no cause for alarm.
There is, however, a clear reason for attentiveness.

Clause 422 does not introduce a new power; it reduces the cushion of time that taxpayers previously relied upon. NRIs who monitor, reconcile, and regularise their tax positions remain on solid ground. Those who delay may find that recovery mechanisms move faster than expected.

Calm compliance continues to be the strongest safeguard.