Latest news with #AshishMehta
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Business Standard
22-07-2025
- Business
- Business Standard
Got a tax notice for submitting less TDS? CBDT relief may offer respite
The Central Board of Direct Taxes (CBDT) has provided some relief to taxpayers and businesses who have been served tax demand notices for deducting tax at source (TDS) or collecting tax at source (TCS) at normal rates from payees whose Permanent Account Numbers (PANs) had become inoperative for want of Aadhaar linkage. Under the Income-Tax Act, inoperative PANs attract higher TDS/TCS rates of 20 per cent. CBDT has spared deductors and collectors from paying the differential tax and penalties, provided certain conditions are met. What triggered this relief? Several deductors had raised concerns about notices from the tax department demanding additional tax where they applied normal TDS/TCS rates, unaware that the payee's PAN was inactive. 'The CBDT's circular provides significant relief to taxpayers who were saddled with tax demands arising from short deduction or collection on account of a payee's PAN being inoperative due to non-linkage with Aadhaar,' says Ashish Mehta, partner at Khaitan & Co. Who benefits and how? Relief applies in cases where: -Transactions occurred between April 1, 2024 and July 31, 2025, and -The payee's PAN is made operative by September 30, 2025. In such cases, demand notices for short deduction will be quashed after rectification of returns or reprocessing. Example: Consider A buying property worth Rs 1 crore from B in May 2024 and deducting TDS at 1 per cent (Rs 100,000). If B's PAN was inoperative, A was liable to deduct TDS at 20 per cent (Rs 20,00,000), resulting in a tax demand of Rs 19 lakh. 'According to the new circular, A will no longer be required to pay this demand if B's PAN becomes operative by September 30, 2025,' explains Mehta. No penalty or interest if PAN is updated 'If the payee links PAN with Aadhaar within the prescribed timelines, the deductor need not pay any interest or penalty for short deduction,' adds Mehta. What should taxpayers do now? -Verify PAN-Aadhaar linkage of employees, tenants, or sellers before making payments. -Advise payees to complete linkage promptly to avoid higher TDS/TCS rates. -Monitor compliance timelines to ensure eligibility for relief. 'This proactive step is critical for employers, landlords, property buyers, and small businesses to stay out of trouble,' says Mehta.
Time of India
11-06-2025
- Business
- Time of India
Can Indian expats in the UAE file for divorce in India? What you need to know
Indian expats in the UAE can file for divorce in India if either spouse is domiciled there or the marriage was solemnised in India. (Representational image) Indian nationals residing in the UAE may be able to file for divorce in India under certain conditions, explains legal expert Ashish Mehta, founder and Managing Partner of Ashish Mehta & Associates. Mehta, qualified to practise law in Dubai, the UK, and India, detailed the divorce filing process for Indian non-Muslims living in the UAE in a recent Khaleej Times article. Understanding Divorce Jurisdiction for Indian Expats in the UA According to Mehta, non-Muslim individuals who marry in the UAE may apply the provisions of UAE Personal Laws for Non-Muslims. This is established under Article 1(1) of Federal Decree Law No. 41 of 2022 on Civil Personal Status. The law states that it applies to non-Muslim UAE citizens and non-Muslim foreigners residing in the UAE unless either party chooses to apply their own personal laws. This covers matters such as marriage, divorce, wills, and proof of affiliation, without prejudice to certain specific articles (12, 13, 15, 16, and 17) of the older Federal Law No. 5 of 1985. In India, non-Muslim Indian nationals can opt to apply the personal laws corresponding to their faith when filing for divorce. Jurisdiction for divorce cases typically depends on: The permanent domicile (residence) of the spouses in India The place where both husband and wife last lived together The wife's domicile The place where the marriage was solemnised This means Indian nationals residing abroad can file for divorce in India if one of these jurisdictional criteria is met. Mehta advises couples to seek legal advice from a qualified lawyer practising in India before initiating divorce procedures there. Legal Process and Documentation for UAE Residents Filing Divorce in India Mehta outlines the necessary steps for UAE residents wishing to file for divorce in India: Translate your marriage certificate in the UAE and attest it through the UAE Ministry of Justice. Obtain further attestation from the UAE Ministry of Foreign Affairs and International Co-operation. Get the certificate attested by the Consulate General of India in Dubai. Engage a lawyer in India and provide a power of attorney, duly attested by the Consulate General of India in Dubai, to register the divorce case. You may need to appear in court in India if directed by the court. What This Means in Simple Terms Indian nationals (non-Muslims) living in the UAE can file for divorce in India if at least one of these conditions applies: either spouse has a permanent home (domicile) in India, the couple last lived together there, the wife is domiciled in India, or the marriage took place in India. Before filing, the marriage certificate must be translated (if needed) and officially attested by UAE and Indian authorities to be legally valid in India. You can appoint a lawyer in India by giving them a power of attorney, which allows them to handle the divorce case on your behalf without you being there all the time. However, you and your spouse may need to appear in an Indian court in person if the court asks for it during the divorce process. It is very important to consult a qualified Indian lawyer to understand the full legal process and make sure everything is done correctly. This article provides a general overview and does not constitute legal advice. For personalized guidance, readers should consult a qualified lawyer practising in India
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Business Standard
10-06-2025
- Business
- Business Standard
Excel Utility revised for filing tax returns: Here's what has changed
Spreadsheets templates in Excel Utility to file Income Tax returns for assessment year 2025-26 have changed, particularly for ITR-1 and ITR-4. The templates have stricter disclosure norms and additional reporting fields, prompting the government to extend the ITR filing deadline for non-audit cases from July 31 to September 15, 2025. Stricter disclosure requirements for old regime Ashish Mehta, partner at law firm Khaitan & Co, said the new ITR forms for the old tax regime require much more detailed information. 'For claiming old regime deductions such as 80C, 80D, 80U, HRA (house rent allowance) and home loan interest, detailed disclosures including PPF (public provident fund) details, insurance policy numbers, lender names, addresses, and disease names must now be provided,' said Mehta. A new section has also been added to report income from pass-through entities like Real Estate Investment Trusts (ReITs), Infrastructure Investment Trusts (InvITs), and Alternative Investment Funds (AIFs). Additionally, the Assets and Liabilities schedule is now mandatory only if income exceeds Rs 1 crore up from the earlier Rs 50 lakh threshold. Further, taxpayers must specify the section of tax under which tax has been deducted across income types, a move aimed at improving traceability and accuracy. Capital gains and exempt income According to Mehta, ITR-1 and ITR-4 now allow disclosure of exempt long-term capital gains from listed shares and equity mutual funds up to Rs 1.25 lakh. 'These forms also reflect amendments from Finance Act No. 2 of 2024, with clear bifurcation for gains before and after July 23, 2024, in line with the revised capital gains taxation rules,' he added. Changes for salaried, senior citizens Salaried individuals and senior citizens opting for the old regime will face greater scrutiny due to the expanded disclosure norms. However, the government has made it easier for small investors to use simpler forms. 'ITR-1 Sahaj can now be used by those earning exempt long-term capital gains up to Rs 1.25 lakh. This simplifies filing for salaried individuals and senior citizens, reducing the compliance burden,' said Mehta. Simplified tax filing The updates align with the government's broader strategy to promote the default new tax regime and minimize errors. 'These changes are clearly a step towards cleaner filings. By pushing for detailed disclosures under the old regime, the tax department can curb false claims, expedite refunds, and reduce litigation,' Mehta said.
Time of India
08-06-2025
- Business
- Time of India
Can Dubai tenants make minor changes to rentals without approval? What the law says
image create by AI for creative and illustrative purposes only Tenants in Dubai considering even minor modifications to their rented homes, such as installing a temporary partition, must obtain prior approval from their landlord and relevant government authorities, warns a leading legal expert. Ashish Mehta, founder and Managing Partner of Ashish Mehta & Associates, who is qualified to practise law in Dubai, the United Kingdom, and India, explained the legal obligations of tenants under Dubai's rental laws in a recent Khaleej Times article. His comments were in response to a reader inquiry about installing a non-permanent gypsum board partition to divide a shared children's room in a two-bedroom apartment. While such installations might not involve structural alteration, Mehta clarified that any form of modification, temporary or otherwise, cannot legally be undertaken without proper permissions. 'In Dubai, tenants are prohibited from making any changes or carrying out maintenance work in a rental property without first obtaining approval from the landlord and the relevant authorities, including but not limited to Dubai Civil Defence,' Mehta said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Device Made My Power Bill Drop Overnight elecTrick - Save upto 80% on Power Bill Pre-Order Undo He referenced Article 19 of Law No. 26 of 2007, which governs the relationship between landlords and tenants in Dubai. The law clearly states: 'A tenant must pay the rent on its due dates and must maintain the Real Property in a good condition as a reasonable person would maintain his own property. Without prejudice to the tenant's obligation to carry out any restoration that is agreed upon or which is customary for tenants to undertake, the tenant may not make any changes or carry out any restoration or maintenance works in the Real Property without obtaining the permission of the landlord and the necessary licences from the competent official entities. ' Mehta also pointed out that unauthorized changes which compromise the property's safety or result in damage may even result in eviction, under Article 25 (1)(e) of Law No. 33 of 2008, which amended the original tenancy law: 'Where the tenant makes any change to the Real Property that endangers its safety in a manner that makes it impossible to restore the Real Property to its original state; or causes damage to the Real Property as a result of his deliberate act, or his gross negligence by failing to exercise due caution and care or allowing others to cause that damage." Based on these legal provisions, tenants planning to install any partition, even one that is not fixed or permanent, should first obtain the explicit approval of the landlord and secure the necessary clearances from official bodies such as Dubai Civil Defence.
Time of India
07-06-2025
- Health
- Time of India
UAE labour law: Can private sector employees take 6 months sick leave for major illness?
Employees in the UAE's private sector may be entitled to extended sick leave depending on the severity of their illness, explains legal expert Ashish Mehta, founder and Managing Partner of Ashish Mehta & Associates. Tired of too many ads? go ad free now Mehta, qualified to practise law in Dubai, the UK, and India, outlined the UAE's official sick leave policy and conditions for long-term absence in a recent Khaleej Times article. Sick leave entitlement under UAE law As per Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, an employee who falls ill (from a non-work-related illness) must notify their employer within three working days and submit a medical certificate issued by a recognised medical authority. This requirement is explicitly stated in Article 31 (1): 'If the employee is infected by a disease not arising from a work injury, he shall inform the employer or his representative about his sickness, within a period not exceeding (3) three working days, and submit a medical report on his condition, issued by the medical entity.' Following the probation period, employees are entitled to a maximum of 90 days of sick leave per year, consecutive or otherwise. This is outlined under Article 31 (3) of the law, which breaks the 90 days down as follows: First 15 days: full pay Next 30 days: half pay Remaining 45 days: unpaid These rules apply regardless of the type or severity of the illness, as the law does not differentiate between medical conditions for leave eligibility. Options beyond the 90-day sick leave For employees needing more than 90 days, additional leave may be granted with the employer's approval. This provision is allowed under Article 33 (1) of the Employment Law: 'The employee may, after the consent of the employer, take an unpaid leave, other than leaves referred to herein.' In other words, while there is no automatic entitlement to more than 90 days, a worker can negotiate with their employer for extra unpaid leave on compassionate or humanitarian grounds, especially in the case of serious health conditions requiring extended recovery or treatment. Furthermore, combining unused annual leave with the 90-day sick leave may be an option. This would allow the employee to extend their overall time away from work with some continued income, provided the employer agrees. Tired of too many ads? go ad free now Employer's right to terminate after leave is exhausted Importantly, if an employee does not return to work after exhausting their official sick leave entitlement, the employer may legally terminate the employment contract. This is stated clearly in Article 31 (5): 'The employer may dismiss the employee if he fails to report to work, after exhausting his sick leave referred to in this Article, and the employee shall reserve all his entitlements pursuant to the provisions of this Decree-Law and its Executive Regulations.' This means that while dismissal is permissible, the employee still retains their legal rights to end-of-service benefits and any unpaid dues, as protected under the law. Legal summary and practical advice Summarising the legal position, Ashish Mehta stated: 'You are eligible for full salary for the first 15 days of your sick leave. Thereafter, half salary for the next 30 days of sick leave and without any pay for any subsequent period of your sick leave.' 'You must provide a medical certificate/report to your employer on availing sick leave within 3 days from the date of you availing sick leave.' 'As you intend to avail long sick leave, you may request your employer to combine your sick leave with annual leave and further if required you may also request to grant you unpaid leave due to your long-term sickness.' While UAE labour law offers structured sick leave entitlements, extended leave up to six months is not automatic and depends entirely on employer discretion and compassionate allowances. Employees facing major illnesses are advised to engage in open dialogue with their employer, supported by proper medical documentation, and consider blending paid, unpaid, and annual leave options where necessary.
