Dear Professional Colleagues,

I am initiating this query for general discussion only.

I have been pondering over how and under what provisions of Income Tax Act, 1961, a barter transaction will be taxable?

I am conscious that:-

1. CGST Act specially covers in definition of supply-supply by way of barter.

2. That income Tax Acc s.2(24) covers value of benefits or perquisites received from a company by a director etc. within definition of income.

3. s.28(va) of Income Tax Act covers within definition of income under the head " Profits and gains of business and profession"- any sum, in cash or kind, under a agreement for not carrying out any activity in relation to any business or profession for not sharing any knowhow, patent etc. likely to assist in the manufacture or processing of goods or provision for services.

4. s.45(1A) makes profits or gains arising from receipt of money or other asset chargeable under the head "Capital Gains"


5. There are other similar provisions under ITA, 1961 covering different specific situations involving barter transactions.

6. I am aware that s.194 and different parts thereof require tax payment even for consideration given in kind.


However, excepting specified situations and not going by s.194 or any parts thereof, what will be the tax implication for a barter transaction?

My books are being audited, and CA shows income from other sources in form 3CD in point 16.
And I filled my tax return taking all the income from other sources in account namely Interest on personal FDs, interest on S/a. Now CPC have doubled the income from other sources by adding that income back to the total income and sent me a demand letter. What should I do.
Same thing happened to my friends.
Thanks in advance..

PLEASE SHARE EXCEL SAMPLE FORMAT OF BS AND PL OF A DOCTOR LIABLE FOR AUDIT U/S 44AB ON MY MAIL ID PALAK16AGRAWAL@GMAIL.COM
PLEASE PROVIDE SOON
THANKS

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I work for a MNC in India which has it's stock listed on NASDAQ in USA. I get RSUs of the US stock as a part of my compensation (listed under perquisites in form 16).

Scenario:

Note that my mother, father and the HUF have almost no income.

I gift "x" amount of those vested stocks to mother, "y" amount to my father and "z" amount to my father's HUF.

Assumptions/Understanding:

(1) These gift transactions would not trigger any tax payment at both ends (giver and receiver) as they are exempted relatives.

(2) Given this transaction happens electronically (from my trading account to the receiver's trading account), a record is always available of this transaction so a Gift Deed is not required.

(3) Since the gift is not given to the spouse here so clubbing provision don't apply here.

(4) NASDAQ listed equity is counted as unlisted shares and STCG at tax slab is applied for sale under 24 months, LTCG at 20% with indexation after 24 months applies.

(5) The cost and date of acquisition of the gifted stock in the receiver's hand would be the same as me (the giver).

(6) If my mother sells "x" amount of stocks within 24 months of the date of acquisition (not gifting), STCG would apply on the profit derived from "x" amount of stocks (sale price - cost of acquisition) as a part of her normal income as per her tax slab. And given her income is almost negligible that profit (upto a max of 10 lakhs) gets taxed at a rate much lower than 34.32% (had I sold them, I would have paid at 34.32% or had I waited for LTCG to kick in, 20% with indexation benefit). Is this understanding correct?