Top 7 Income Tax Errors That Invite IT Notices

Tax Errors

Top 7 Income Tax Errors That Invite IT Notices

Tax Errors

Filing your Income Tax Return (ITR) might seem like a routine task, but even small mistakes can raise red flags with the Income Tax Department. With increasing data integration and cross-verification tools like Form 26AS and AIS (Annual Information Statement), the department is better equipped than ever to identify mismatches and discrepancies. Here’s a look at seven common mistakes that taxpayers in India often make—mistakes that can potentially lead to scrutiny, notices, or even penalties.

1. Missing Out on Income Beyond Salary

One of the most frequent mistakes is failing to report all income sources. This includes not just your salary or business income, but also:

  • Interest from savings accounts or fixed deposits

  • Rental income

  • Capital gains (including exempt LTCG up to ₹1.25 lakh)

  • Dividend income.

Even tax-exempt income must be disclosed in your ITR. The IT Department compares your return against AIS and Form 26AS, so any omission may result in a notice.

2. Filing Under the Wrong Income Tax Category

Choosing the incorrect ITR form based on your income type or taxpayer status is a technical error that can invalidate your filing. If you file the wrong form, your return may be treated as defective under Section 139(9), requiring correction within a time limit. If not rectified, it may be considered as if no return was filed at all.

3. Ignoring Discrepancies in TDS Records

The TDS (Tax Deducted at Source) shown in your ITR must match exactly with what’s reflected in Form 26AS or Form 16/16A. If there’s even a small mismatch—due to clerical errors, wrong PAN, or misreported income—it can flag your return for review and result in delays or demands.

4. Failing to Declare Overseas Holdings

If you’re a Resident and Ordinarily Resident (ROR) in India, you’re obligated to report foreign bank accounts, shares, mutual funds, or real estate under Schedule FA of your ITR. Omitting this crucial detail—even unintentionally—can lead to severe consequences under the Black Money Act.

5. Claiming Deductions Without Proper Justification

Incorrect or exaggerated deduction claims—like fake rent receipts for HRA or unsupported 80C investments—can lead to your return being selected for scrutiny. Keep supporting documents ready for every deduction you claim, especially under Chapter VI-A sections like 80C, 80D, and 80G.

6. Engaging in Big Transactions Without Filing ITR

The Income Tax Department gets direct reports of your high-value financial activities (like large deposits, credit card payments, or big-ticket purchases) from banks and institutions via SFT filings. If you don’t file a return despite engaging in such transactions, you may receive a compliance notice asking for explanation.

7. Skipping the Return When You’re Supposed to File

Many people assume they don’t need to file ITR just because no tax is payable. But certain thresholds or activities mandate filing—like annual income above the basic exemption limit, TDS/TCS over ₹25,000, or foreign travel expenses above ₹2 lakh. Ignoring this rule may result in penalties or loss of refund and carry-forward benefits.

Read More: Resident’s Guide to Buying NRI Property in India

✅ Avoid Notices with Accurate Filing

Accuracy and completeness are key to smooth ITR processing. As compliance systems get tighter, make sure you’re reporting every detail truthfully. When in doubt, seek professional help to avoid missteps that could lead to notices, delays, or penalties.

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Resident’s Guide to Buying NRI Property in India

NRI Property

Resident's Guide to Buying NRI Property in India

NRI Property

India sees a high volume of property transactions involving Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs). While such deals are legally permitted, they come with added compliance requirements—especially for resident Indians purchasing property from non-residents. Even minor procedural lapses can trigger heavy penalties or tax demands. This guide outlines the key legal, tax, and procedural aspects that resident buyers must understand before entering into a property transaction with an NRI/OCI seller.

1. Payment Guidelines: Only Through Indian Banking Channels

When buying property from a non-resident, all payments must be made through legal banking channels—via direct bank transfer, crossed cheque, or crossed demand draft. Cash transactions are strictly prohibited.

Buyers must ensure:

  • The payment is made from a resident Indian bank account.

  • Funds are not sent from any foreign bank account.

  • If a relative is contributing funds, they must be routed through an Indian bank account.

Any deviation from this can lead to scrutiny under FEMA and Income Tax laws.

NRI Property

2. TDS Obligations under Income Tax Act

A. When Buying from a Resident Seller

Under Section 194-IA, 1% TDS is to be deducted on the total sale consideration if it exceeds ₹50 lakhs. This must be:

  • Deposited using Challan-cum-Statement Form 26QB

  • Paid within 30 days from the end of the month in which the deduction is made (typically the date of registration or payment)

  • Also applicable on advance payments.

B. When Buying from an NRI Seller

Section 195 of the Income Tax Act governs TDS for payments to non-residents. Key provisions:

  • TDS must be deducted at 20% (plus applicable surcharge and cess) on the total sale consideration.

  • TDS applies on every advance payment as well.

  • The buyer must:

    • Obtain a TAN (Tax Deduction Account Number)

    • Deposit TDS via Challan ITNS 281

    • File Form 27Q, the quarterly TDS return for payments to non-residents.

Due Dates for Form 27Q Filing:

  • Q1 (Apr–Jun): 31st July

  • Q2 (Jul–Sep): 31st October

  • Q3 (Oct–Dec): 31st January

  • Q4 (Jan–Mar): 31st May

⚠️ Common Pitfall: Many resident buyers wrongly deduct 1% TDS under Form 26QB instead of 20% under Form 27Q—leading to serious complications for the NRI seller.

3. Capital Gains Tax Implications for NRI Sellers

An NRI or OCI seller is liable to pay capital gains tax in India on property sales:

  • Long-term capital gains (property held >2 years): Taxed at 20% with indexation

  • Short-term capital gains: Taxed at applicable slab rates (may go up to 30%)

The seller is required to file an Income Tax Return (ITR) in India.

Lower/Nil TDS Certificate

The seller can apply to the Income Tax Department under Section 197 for a certificate of lower or nil deduction of TDS, based on projected capital gains. This helps avoid excess TDS deduction.

4. Case Law: Parag Keshav Bopardikar v. ITO (2025)

In this landmark case, the buyer correctly deducted ₹18.68 lakhs in TDS but mistakenly used Form 26QB (meant for resident sellers) instead of Form 27Q. As a result, only 1% TDS was reflected in the seller’s Form 26AS, and the Income Tax Department raised a huge tax demand of ₹46 lakhs on the NRI seller.

Court Ruling:

  • The Delhi High Court held that substance must override procedural formality.

  • The actual TDS payment was made; hence denying credit due to the buyer’s error was unjust.

  • The Court directed the authorities to:

    • Grant full TDS credit

    • Rectify the AIS records

    • Reprocess the seller’s ITR

    • Issue refund promptly

Takeaway: Buyers must ensure correct form-filing and timely TDS payment—any lapse can harm both parties.

5. Key Compliance Checklist for Resident Buyers

StepCompliance
Ensure full payment is made via Indian bank account
Deduct TDS @ 20% (plus surcharge) on entire sale value
Obtain TAN
Deposit TDS via Challan ITNS 281
File quarterly TDS return in Form 27Q
Obtain lower/nil TDS certificate from seller if applicable
Avoid using Form 26QB for NRI transactions

Read More: Flipkart ESOP Compensation: ₹11 Crore Payout – Salary or Capital Receipt?

Purchasing property from an NRI or OCI can be a smooth transaction if the buyer follows proper tax and legal procedures. Incorrect TDS deduction, missed filings, or payment through unauthorized channels can lead to serious complications. Given the high stakes involved—both financially and legally—it is strongly advised that buyers consult experienced tax and legal professionals before finalizing the deal.

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Flipkart ESOP Compensation: ₹11 Crore Payout – Salary or Capital Receipt?

Flipkart

Flipkart ESOP Compensation: ₹11 Crore Payout – Salary or Capital Receipt?

Flipkart

In a landmark situation that could set a precedent for global tech employees, Flipkart employees received massive discretionary payouts after their ESOPs lost value due to a corporate restructure. But the key question remains—should such payouts be taxed as salary or treated as capital receipts?

Here’s a deep dive into the legal tangle and what it means for your ITR filing this season.

The Background: Flipkart, PhonePe & ESOPs

Employees of Flipkart were granted ESOPs by its parent company, Flipkart Pvt Ltd (FPS), based in Singapore.

Then came a major corporate development—PhonePe was demerged from Flipkart. This restructuring significantly eroded the valuation of the ESOPs that had been allotted to employees.

What followed was highly unusual: FPS voluntarily chose to compensate employees for the notional loss in ESOP value—even though there was no legal or contractual obligation to do so.

Flipkart

This wasn’t a token gesture. The payouts were substantial:

  • One employee received ₹76 lakh

  • Another received over ₹11 crore
    And this was for ESOPs that had not even been exercised.

The Central Tax Question

The real debate centers around this:
Is this payout taxable as salary (perquisite)? Or is it a non-taxable capital receipt?

Let’s examine both arguments.

Argument 1: It's Taxable Salary under Section 17(2)(vi)

Section 17(2)(vi) of the Income Tax Act, 1961 includes in salary the value of any specified security or sweat equity shares allotted or transferred, either directly or indirectly, to the employee by virtue of employment.

The Madras High Court held that this language is broad enough to include such discretionary payouts—even for unexercised ESOPs.
So, even though the ESOPs were not exercised, the court considered the payout a taxable perquisite, making TDS applicable.

Argument 2: It's a Non-Taxable Capital Receipt

However, both the Delhi High Court and Karnataka High Court disagreed. Their key observations:

  • The ESOPs were never exercised

  • No shares were transferred

  • The compensation was a voluntary, one-time goodwill gesture

  • There was no contractual right to this payout

As per these courts, the payout was not linked to any “perquisite” arising from employment but rather a capital receipt, not liable to income tax.

Hence, TDS should not have been deducted, and employees could be entitled to refunds.

Legal Conflict: Divergent High Court Views

This issue has now resulted in directly conflicting judgments:

  • Delhi HC (Sanjay Baweja case)

  • Karnataka HC (Manjeet Singh Chawla case)
        Versus

  • Madras HC (Nishithkumar Mehta case)

While the Delhi and Karnataka HCs protected employees from tax on unexercised ESOP payouts, Madras HC ruled such amounts are salary income and hence taxable.

This is not a case of differing interpretations—it’s a direct legal face-off.

What Should Flipkart Employees (and Others) Do Now?

If you’re one of the affected employees (or in a similar situation), here’s what you should consider:

  • If TDS was deducted, you may claim a refund while filing your ITR, based on Delhi and Karnataka HC rulings.

  • Maintain all documentation related to how the compensation was computed.

  • Stay tuned for further developments—Supreme Court intervention is likely, and its decision will provide final clarity.

Why This Case Has Wider Implications

This isn’t just about Flipkart.

Many global corporations grant ESOPs via offshore entities, and corporate restructuring events—like spin-offs, mergers, and demergers—can impact valuations. If companies begin issuing discretionary compensation for such value erosion, the tax treatment must be clearly defined.

With rising cross-border employment and stock-based compensation becoming the norm, this issue will only grow in relevance.

Key Takeaway

For now: Taxpayers who’ve received such ESOP-related payouts should evaluate legal precedents, maintain records, and consider seeking refunds if TDS has been deducted.

But keep in mind—this issue is headed for the Supreme Court. Until then, caution and awareness are key.

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