Library / Income-tax Act, 2025: The Professional's Master Guide

Appendix D: Common Mistakes Checklist

  • Quoting 1961 Act sections for Tax Year 2026-27 matters, or 2025 Act sections for FY 2025-26 returns.
  • Using old section codes (194C, 194J) in challans for payments after 31 March 2026.
  • Claiming HRA, 80C, 80D or self-occupied home loan interest in the new regime.
  • Setting off house property loss against salary in the new regime.
  • Missing the section 37 rule for micro and small enterprise dues.
  • Missing the stamp value checks under sections 53 and 78, and the buyer side tax under section 92.
  • Applying the section 156 rebate to tax on special rate capital gains.
  • Filing a loss return late and losing the carry forward.
  • Not deducting TDS on partner remuneration and interest above Rs. 20,000.
  • Not reconciling TDS with Form 168 and AIS before filing.
  • Treating a buyback in Tax Year 2026-27 as dividend; it is now capital gains.
  • Staying in the normal company regime to build MAT credit; MAT is a final tax from Tax Year 2026-27.
  • Ignoring the 51% continuity test in section 119 during share deals.
  • Assuming a merger carries forward losses for 8 fresh years; only the remaining period is available.
  • Claiming treaty rates without a TRC, Form 41 or beneficial ownership.
  • Not grossing up where the Indian payer bears the tax on a foreign payment.
  • Filing Form 48 (TP report) without contemporaneous documentation and benchmarking.
  • Overlooking the thin capitalisation cap for interest to foreign group companies.

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