Section 112A of the Income Tax Act
Income-tax Act, 2025: s.198
Section 112A of the Income-tax Act, 1961 corresponds to section 198 (Tax on long-term capital gains in certain cases) of the Income-tax Act, 2025.
Read section 198 of the 2025 Act
Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.
The decision most relied on for Section 112A is Sunil Siddharthbhai v. CIT (156 ITR 509), cited in 82 of the 51 judgments on BharatTax that turn on this section.
Leading authorities on Section 112A
A partner's contribution of a personal asset to a partnership firm does not amount to a "transfer" for capital gains purposes under the Income-tax Act, as the consideration (the partner's interest in the firm) is indeterminate, and the computational machinery for capital gains fails.
The definition of maximum marginal rate under section 2(29C) can be interpreted to determine the applicable surcharge rates, particularly for income including dividends, as per the First Schedule to the Finance Act. This affects how surcharge is calculated on taxable income.
The maximum marginal rate (MMR) of income tax is applied, and surcharge is levied separately if applicable. Surcharge is not leviable if the quantum of income is below a certain threshold.
The share income of a partner, even if not forming part of their total income, is to be considered in determining the rate of income tax payable by the partner.
An additional ground of appeal can be considered if it is a question of law and arises from the facts already on record, allowing for a more complete adjudication of the appeal.
An assessment notice issued under Section 148 to a deceased assessee without impleading their legal representative is invalid and the proceedings are void ab initio. The notice must be served on the legal representative as per Section 159(2)(b) of the Income Tax Act.
The decision in ITO v. Rajeev Suresh Ghai supports the principle that provisions related to unexplained cash credits under Section 68 of the Income Tax Act may not be applicable to non-resident Indians, particularly when funds are withdrawn for specific purposes like parental medical treatment.
