Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Tally On Cloud Tally on Cloud: Ready for the Daily Backup Requirement
Keep your Tally books accessible from anywhere while supporting your Rule 46(8) obligations. With daily backups configured on servers physically located in India, Tally on Cloud helps you maintain the backup arrangement required for electronic books of account under the Income-tax Rules, 2026. Move your Tally to the cloud with confidence.
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 Mock Test Papers Series - I & II for Students appearing in CA Foundation January 2027 Examination.
 Income Tax Rules 2026: CBDT Introduces Revised Form 161 for Penalty Waiver, Clarifies Misreporting Categories and Taxpayer Relief
 ITR Filing and Income Tax Audit Deadline Extended: 5 Critical Things Taxpayers Must Know
 Filing Belated ITR for AY 2026-27? Know Which Losses You Can Carry Forward and Which You May Lose
 CBDT Extends Tax Audit Report Deadline to October 21, ITR Filing Last Date to November 21 for AY 2026-27
 CBDT Extends AY 2026-27 ITR Filing Deadline for Tax-Audit Cases: New Dates and Key Compliance Details
 Foreign Assets Missing From Your ITR? Income Tax Department Opens One-Time Disclosure Window
 Tax Audit Deadline September 30: Why AIS, TDS and GST Figures May Not Match Your ITR and What Taxpayers Should Do
 Tax audit deadline September 30: Common mistakes taxpayers should avoid
 Your ITR says ‘verified’, but the refund hasn’t arrived? 5 reasons why your money could be stuck
 Missed the ITR Deadline but TDS Refund Is Due? Here’s How You Can Still Claim Your Money

Not the way to bond with taxpayers
February, 10th 2007

The CBDT (Central Board of Direct Taxes) Notification 380 of December 22, 2006, not only pulls the rug from under the feet of those who have earned substantial capital gains but also gives an unpalatable foretaste of things to come.

Through this Notification it has been made clear that one is entitled to invest in Section 54EC bonds issued by the NHAI and REC only to the maximum extent of Rs 50 lakh during the previous year 2006-2007, whereas Section 54EC sets no such limit much less delegate powers to the CBDT to fix one. What this portends is if one has earned long-term capital gain in excess of Rs 50 lakh and is not inclined or entitled to invest in the other tax shelters, he has to willy-nilly pay tax on such gains in excess of Rs 50 lakh at 20 per cent plus surcharge, if applicable, and the education cess.

And there is no guarantee that he would be allotted the coveted bonds because they are no longer on tap, what with the REC bond which is on sale from December 26, 2006 till March 31, 2007, having a cap of Rs 3,500 crore just as the NHAI bond which preceded it had a cap, though of a slightly higher amount.

Pulling the plug

Those unable to invest in the specified bonds within the prescribed time for no fault of theirs but due to the abrupt pulling of plug by the CBDT would most certainly feel cheated and seek judicial redress. But what of the Notification, which is clearly without the authority of the law because Section 54EC has not delegated any such powers nor has it put any cap on the investment one can make in the bonds?

If Parliament feels that Section 54EC has opened the floodgates of legitimate tax avoidance, if one may say so, it can by all means scrap it prospectively because retrospective withdrawal of a tax benefit, besides being innately unfair, is frowned upon by the judiciary. In fact, both the Prime Minister and the Finance Minister have gone on record these last few months hinting at withdrawal of tax exemptions, which is fine so long as it is done prospectively. To be sure, there is every justification for dismantling the Section 54EC regime in particular as it is the easiest way to avoid tax legitimately just park your funds emanating out of long-term capital gains for three years in the specified bonds and you are spared from tax liability on the amount thus invested.

The three-year lock-in period is admittedly too short, which naturally has people falling over themselves to lap up the scheme. But it is one thing to withdraw a benefit after putting the taxpayers on notice but quite another to wrench it away having led them up the garden path.

S. Murlidharan
(The author is a Delhi-based chartered accountant.)

Home | About Us | Terms and Conditions | Contact Us
Copyright 2026 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting