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  • Presumptive income tax return, ITR-4 (Sugam), Sec 58 (old 44AD, 44ADA, 44AE)
  • TDS not showing in 26AS or AIS: deductee follow-up and TRACES grievance
  • Form 26AS TDS mismatch: get the deductor to correct its TDS return
  • Lower or nil TDS certificate, Form 128 (earlier Form 13)

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  • AIS or 26AS
  • Bank statement
  • Invoices

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Questions, answered the CA way

Facts, Provisions and law, Analysis, Conclusion.

  • TDS on Professional Fees: Section 393 (old 194J)
    Facts
    If you pay fees to a doctor, lawyer, CA, consultant, IT developer, or any professional above ₹30,000 in a year, you must deduct 10% TDS before paying them. Most small businesses and startups pay freelancers without TDS. The professional loses nothing (gets TDS credit). But the payer becomes an assessee in default with interest and penalty equal to TDS.
    Provisions and law
    Sec 393 (old 194J(1)); Professional services defined; Threshold; Exemptions; Sec 398 (old 201)
    Analysis
    Sec 393, Income-tax Act 2025 (old Sec 194J) rate clarification, 2% vs 10%: From April 1, 2020: professional services (doctor, lawyer, CA, architect, technical consultant) = 10%. Technical services (IT maintenance, call centre, software support, data analytics) = 2%. This split matters: a company paying an IT developer for software maintenance (technical services) deducts 2%, not 10%. But same company paying IT consultant for strategic advice (professional services) = 10%. The distinction is blurred in practice, when in doubt, use 10%. When Sec 393 (old Sec 194J) applies to startups and small companies: A Pvt Ltd company (even with ₹50L revenue) must deduct TDS under Sec 393 (old Sec 194J) if they pay professional fees. The audit threshold exemption is for individuals/HUF only. Any company = must deduct Sec 393 (old Sec 194J). Many startups miss this, they pay CA, lawyers, freelance developers and don't deduct TDS. Common audit exposure.
    Conclusion
    • Identify: does your entity (company/audit-applicable proprietor) pay any professional fees?
    • Check if cumulative professional fees to any one person cross ₹30,000 in the year
    • Determine rate: 10% (professional services, lawyer, doctor, CA, architect) or 2% (technical services, IT maintenance, call centre)
    • Collect recipient's PAN before payment, without PAN: deduct at 20%
    Read the full answer
  • Sec 58 (old 44ADA) for freelancers: 50% of gross income is deemed expense
    Facts
    Under Sec 58, Income-tax Act 2025 (old Sec 44ADA), eligible professionals earning below ₹75L can declare 50% of gross receipts as taxable income, the other 50% is presumed to be expenses. No need to maintain detailed books or prove actual expenses.
    Provisions and law
    IT Act, Sec 58 (old 44ADA) | Eligible professions, notified list
    Analysis
    Eligible under Sec 58 (old Sec 44ADA): Legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, authorised representative, film artist, company secretary, information technology. "Information technology" covers: Software development, IT consulting, data analytics, UI/UX design, app development, most tech freelancers qualify. Tax saving example: ₹30L annual freelance income. Under Sec 58 (old Sec 44ADA): taxable = ₹15L. Old regime tax on ₹15L (after standard deduction) ≈ ₹2.3L. Without Sec 58 (old Sec 44ADA), tax on ₹30L (with limited deductions) ≈ ₹6L+. Saving: ₹3.7L+.
    Read the full answer
  • GST Mandatory Registration: Threshold and Triggers
    Facts
    Registration is the foundation of GST compliance. Miss the threshold, delay beyond 30 days, or supply inter-state without registration, penalty is 100% of tax or ₹10,000. Most small business owners discover the obligation only after a notice.
    Provisions and law
    Sec 22(1); Sec 24; Sec 29(2); Sec 122(1); Rule 8, 9
    Analysis
    Aggregate turnover definition: All taxable + exempt + zero-rated + nil-rated supplies on PAN-India basis. Excludes inward supplies under reverse charge. Includes multiple GSTINs under same PAN. A single person with businesses in Delhi and Mumbai: add both states' turnover for threshold check. Special category states (lower threshold): Manipur, Meghalaya, Mizoram, Nagaland, Tripura, Sikkim, Arunachal Pradesh, Uttarakhand, Himachal Pradesh, J&K: ₹10L for services, ₹20L for goods. Inter-state, no threshold: The moment a supplier makes even ONE inter-state supply, say a Delhi freelancer invoices a client in Mumbai, registration is mandatory regardless of annual turnover. This is the most commonly missed trigger. Selling on Amazon to customers in another state = inter-state.
    Conclusion
    • Calculate aggregate turnover for current FY: all supplies across all states, all businesses under same PAN
    • Check: any inter-state supply made? (Even one invoice to another state = registration mandatory)
    • Check: are you selling on Amazon/Flipkart/Meesho? (E-commerce aggregator = mandatory registration)
    • Check: do you purchase from unregistered suppliers above ₹5,000/day? (RCM may apply)
    Read the full answer
  • The 7 patterns that generate 80% of all notices
    Facts
    1. AIS not reconciled before filing: Annual Information Statement has 50+ data categories. Any item in AIS not in your ITR = guaranteed notice. Download AIS before filing every year.
    Provisions and law
    AIS (Sec 285BB, now 510) | SFT (Sec 285BA) | GSTR-2B | 26AS (now Form 168)
    Analysis
    2. TDS mismatch: Your Form 16 (now Form 130) shows ₹2L TDS but 26AS (now Form 168) shows ₹1.9L deposited. File ITR with 26AS (now Form 168) figures, not Form 16 (now Form 130), and follow up with employer to correct the mismatch. 3. High-value cash deposits: ₹10L+ in savings account in a year gets reported via SFT. If you can't explain the source with documented income, you'll get a notice. 4. GSTR-2B not reconciled: Claiming more ITC than GSTR-2B shows = ITC reversal notice + 18% interest. 5. Capital gains not reported: MF redemptions, stock sales, property sale, all reported via SFT. Missing these = notice. Include all in Schedule CG. 6. Rental income not declared: Bank SFT now catches rent payments above ₹50K/month. Tenants' AIS shows rent paid. Your AIS shows rent received. If it's not in your ITR, you get a notice. 7. Cash transactions above ₹2L: Sec 269ST. Receiver of ₹2L+ cash in one transaction faces 100% penalty on the amount.
    Read the full answer

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