Taxability of Receipts Under Income-tax Act, 2025: When Money Received Is Not Income

 By CA Surekha Ahuja

When Receipt Does Not Mean Income: Understanding Legal Right, Beneficial Ownership, Inheritance, Family Transfers and Third-Party Receipts Under the Income-tax Act, 2025

"Income-tax law does not tax the person into whose bank account money happens to arrive; it taxes the person who has the legal right, beneficial entitlement and taxable income arising from that receipt."

Introduction: The Flow of Money and the Flow of Income Are Not Always the Same

In today's data-driven tax environment, where AIS, SFT reporting, banking information, property registrations, GST data and digital trails enable extensive information matching, every significant receipt may come under scrutiny.

This often creates a common misunderstanding:

"If money or an asset is received by me, it must automatically become my taxable income."

This is legally incorrect.

Under the Income-tax Act, 2025, receipt of money is only a transaction event; taxability is a legal conclusion.

A person may receive: rent, money from relatives, payment from strangers, inherited property, jewellery, insurance proceeds, family pension, settlement amounts, advances, reimbursements,

without the receipt itself becoming taxable income.

The correct analysis requires answering:

1. Who had the right to receive the amount?
2. Who actually enjoyed the economic benefit?
3. What was the true character of the receipt?
4. When did the taxable event arise?
5. Can the taxpayer substantiate the position with evidence?

Receipt, Ownership and Income: Three Different Concepts

A fundamental principle:

The person receiving money is not always the person earning income.

A person may:

Situation	Example
Receive money but not own the income	Agent collecting rent on behalf of property owner
Own income but receive money later	Professional fees accrued but received subsequently
Receive money without income element	Loan, refundable deposit, inheritance
Receive inherited asset but future income becomes taxable	Interest from inherited FD, rent from inherited property
Receive taxable income without formal documentation	Professional fee received without invoice

Practical Scenarios Where Receipt and Taxability May Belong to Different Persons

Scenario	Tax Principle	Practical Handling & Caution
Rent received by a person who is not the property owner	Mere receipt of rent does not automatically make the recipient taxable. Tax follows the person having the right to receive rental income.	Maintain ownership documents, rent agreement, authority arrangement and transfer trail. Report income in the correct person's return.
Child or family member collecting rent/income for another person	Collection convenience does not transfer ownership of income.	Establish whether the person is only acting as an agent or actually enjoying the income.
Property manager or agent receiving rent	An agent receiving money does not become owner of income merely because funds pass through his bank account.	Maintain agency agreement and accounting records.
Money received from an unrelated person without invoice or agreement	Lack of invoice does not decide taxability. The nature of receipt decides whether it is income, loan, advance, deposit or settlement.	Maintain payer details, purpose, correspondence, bank trail and supporting explanation.
Business or professional receipts without formal billing	Taxability depends upon whether income has accrued or services have been provided, not merely whether an invoice was raised.	Properly record income and maintain evidence of services rendered.
Amounts received on behalf of others	Collection of money with an obligation to pass it on may represent a liability, not income.	Maintain agreements, ledger accounts and proof of onward payment.
Reimbursements received	Recovery of actual expenditure is different from income containing a profit element.	Maintain bills, expense details and reimbursement policy.
Family members transferring money	Relationship alone does not determine tax treatment. Source, intention, ownership and evidence are important.	Maintain gift deeds, loan confirmations, declarations and fund trail wherever applicable.
Money received after death of parents or spouse	Inherited wealth is different from income arising from inherited assets.	Maintain death certificate, legal heir documents and succession records.
Family pension received after death	Family pension is not inheritance. It is a separate receipt arising due to the death of the employee and has independent tax treatment.	Report under the correct income category and claim applicable deduction.
Inherited property received from parents/spouse	Receipt of inherited property is generally not income. Tax implications normally arise when the property is subsequently transferred or generates income.	Preserve previous owner's documents, cost details and succession records.
Sale of inherited property	Tax event generally arises on sale, requiring capital gains computation based on applicable rules.	Maintain original purchase documents, ownership history, valuation records and sale documents.
Jewellery received through inheritance	Receipt of inherited jewellery is different from income. Tax issues generally arise on subsequent sale.	Maintain inheritance evidence, valuation records and sale documentation.
Sale of inherited jewellery	Sale may trigger capital gains depending upon applicable provisions and computation requirements.	Avoid undocumented cash transactions; maintain valuation and sale evidence.
Nominee receiving money after death	Nominee may receive funds for operational convenience; nomination does not automatically determine beneficial ownership in every situation.	Examine succession rights, legal documents and applicable facts.
Amounts received after death relating to deceased person's work/business	Not every post-death receipt is inheritance. Amounts relating to income earned before death require separate analysis.	Distinguish accrued income of deceased from assets inherited by successors.

Special Focus: Inheritance Is Not Income, But Inherited Assets Can Create Future Tax Liability

A common mistake:  "I inherited the asset, so there will never be tax."

The correct distinction:

Event	Tax Character
Receiving inherited bank balance	Succession/inheritance
Receiving inherited property	Succession/inheritance
Receiving inherited jewellery	Succession/inheritance
Selling inherited property	Capital gains analysis
Selling inherited jewellery	Capital gains analysis
Rent from inherited property	Taxable rental income
Interest from inherited deposits	Taxable interest income
Dividend from inherited investments	Taxable investment income
Family pension after death	Separate taxable receipt

Inheritance transfers ownership of assets; it does not automatically transfer the tax character of future income generated from those assets.

Critical Distinction: Accrued Income of Deceased vs Inherited Wealth

This is one of the most misunderstood areas. Not every amount received after death becomes inheritance.

Example:  A professional completes work before death. The client pays the outstanding fee to the legal heirs after death.

The analysis requires determining:

• Was the income already earned before death?
• Was the right to receive already created?
• Is the amount an asset of the deceased estate or fresh income of heirs?

Similar issues arise with:

• pending rent, business receivables, interest accrued before death, unpaid professional fees.

The timing and nature of accrual are critical.

Documentation Checklist: Protection Against Future Disputes

Receipt/Asset	Important Records
Inherited money	Death certificate, legal heir proof, bank trail
Inherited property	Previous ownership documents, succession documents, valuation records
Sale of inherited property	Original cost documents, sale deed, capital gain working
Inherited jewellery	Evidence of inheritance, valuation, sale records
Family pension	Pension certificate and supporting records
Family transfers	Gift deed, loan confirmation, source proof
Rent collected for another person	Ownership proof, authority letter, transfer records
Third-party receipts	Agreement, correspondence, explanation of purpose

How to Handle These Transactions in Income-tax Return (ITR)

A common mistake:

"If something is not taxable, it does not need any attention."

Incorrect.

The correct approach is:

Transaction	Correct Approach
Inherited assets	Maintain records and disclose wherever required under applicable reporting requirements
Family pension	Report under appropriate income category
Rent from inherited property	Offer rental income in correct hands
Sale of inherited property	Report capital gains with correct cost and holding details
Sale of inherited jewellery	Report capital gains wherever applicable
Large family receipts	Maintain explanation and supporting evidence
AIS/bank credits	Reconcile and explain wherever necessary

Five-Test Framework Before Treating Any Receipt as Income

Test	Question
Source Test	From whom and from what transaction did the amount arise?
Right Test	Who had the legal right to receive it?
Ownership Test	Who enjoyed the beneficial economic benefit?
Character Test	Was it income, inheritance, loan, gift, pension, advance or reimbursement?
Evidence Test	Can the taxpayer prove the position years later?

Common Mistakes That Trigger Tax Disputes

Mistake	Risk
Treating every bank credit as non-taxable	Unexplained credit exposure
Treating every receipt as income	Unnecessary tax burden
Receiving family funds without documentation	Difficulty establishing source
Selling inherited property without tracing original cost	Incorrect capital gains computation
Selling inherited jewellery without valuation/support	Difficulty defending cost basis
Treating family pension as inheritance	Incorrect ITR reporting
Ignoring AIS mismatch	Unnecessary scrutiny

Professional Insight

The biggest mistake in tax analysis is asking: "Who received the money?"

The correct question is: "Who earned the right to that money, what does it represent in law, and can that position be proved?"

A person may receive:

• ₹1 crore inheritance — not income;
• ₹10 lakh rent from inherited property — taxable income;
• ₹50 lakh sale proceeds of inherited property — capital gains analysis required;
• ₹20 lakh inherited jewellery sold later — capital gains analysis required;
• family pension after spouse's death — separate tax treatment.

Therefore:  A bank entry is only a transaction trail. Taxability depends upon the legal character of the receipt. The safest approach under the Income-tax Act, 2025 is:

Identify the source → establish the right → determine the character → maintain evidence → disclose correctly in the ITR.

This is the difference between a receipt that merely appears in records and a receipt that actually becomes taxable income.

How to Get IMB Certification: The 8 Mistakes That Kill Startup Tax Applications

 By CA Surekha Ahuja

One of the most common questions startup founders ask after obtaining DPIIT Recognition is:

"How do we actually qualify for startup tax benefits?"

 In Part 1, we examined why DPIIT Recognition and IMB Certification are not the same thing and why startup recognition alone does not automatically establish eligibility for startup tax incentives.

Missed Part 1? Read it here: https://www.casahuja.com/2026/06/imb-certification-explained-part-1.html

The next question is more practical:

What causes IMB applications to succeed—or fail?

The answer often lies in a handful of recurring mistakes that continue to weaken otherwise deserving applications.

"DPIIT Recognition acknowledges existence. IMB Certification evaluates innovation."

Now, in Part 2, we reveal the 8 mistakes that weaken applications—and how to         fix them before filing.

The 8 Mistakes That Kill Startup Tax Applications

❌ Mistake 1: No Real Innovation in the Pitch

What fails?

"We're an aggregator of local services."

"We're an e-commerce reseller."

without any technology moat, intellectual property, proprietary process or measurable differentiation.

Why it fails and How to fix it?

The IMB may struggle to identify a genuine innovation or technology-based differentiator.

Articulate innovation in 2–3 lines on Page 1 itself.

Support innovation claims through patents, copyrights, proprietary technology, research outcomes or defensible business processes wherever available.

Example

"We've built an AI-powered GST automation platform using proprietary machine learning algorithms that reduce filing time from 4 hours to 15 minutes, serving 500+ SMEs through a scalable subscription model."

❌ Mistake 2: Trading or Arbitrage Business Model

What fails?

Pure trading, white-labelling, distribution or arbitrage businesses.

Why it fails and How to fix it?

Pure trading, distribution, arbitrage or reselling businesses often face difficulty demonstrating the innovation and scalability expected under the startup tax incentive framework unless supported by significant technology, process innovation or intellectual property.

Show how your product, technology, process innovation or proprietary systems create value—not merely how the business earns a margin.

❌ Mistake 3: Service Business with No Scalability

What fails?

"We do GST filings for SMEs."

Why it fails and How to fix it?

Pure consulting and manpower-driven service models may find it difficult to demonstrate scalability and margin leverage.

A stronger narrative would be:

"We have built a GST automation platform serving 500 SMEs through a technology-enabled subscription model."

Key elements for service startups

• Productized offering (not pure consulting)

• Margin leverage

• Customer pipeline

• Unit economics

• Recurring revenue potential

• Technology-enabled scalability

❌ Mistake 4: Inadequate Financial Projections

What fails?

Revenue projections that triple every year without explaining how growth will be achieved.

Why it fails and How to fix it?

Projections lack credibility when they are unsupported by assumptions and unit economics.

Prepare a realistic growth plan supported by evidence.

Required

• Three-year revenue projections

• Customer Acquisition Cost (CAC)

• Lifetime Value (LTV)

• Customer pipeline supported by contracts, purchase orders, letters of intent, pilot agreements or other documentary evidence wherever available

• Supporting assumptions such as market size and conversion rates

❌ Mistake 5: Missing IP or Differentiation Proof

What fails?

Innovation claims unsupported by evidence.

Why it fails and How to fix it?

The Board may find it difficult to evaluate technological differentiation where no supporting evidence is available.

Intellectual property filings can significantly strengthen an application. However, innovation may also be demonstrated through proprietary technology, software architecture, unique processes, research outcomes or other defensible differentiators.

Indicative strength of evidence

• Patent (filed or granted) — strongest

• Trademark (registered) — moderate

• Copyright (filed) — moderate

• Design (registered) — supportive

❌ Mistake 6: Reconstituted Business

What fails?

A previous proprietorship, partnership or business undertaking continuing substantially through a newly incorporated startup.

Why it fails and How to fix it?

The IMB may examine whether the startup is genuinely new or merely a continuation of an existing business.

Demonstrate clear commercial separation.

Required evidence

• No substantial transfer of assets from an existing business

• New customer base or market segment

• Different operational structure

• Independent funding where applicable

❌ Mistake 7: Significant Asset Transfer from Existing Business

What fails?

A substantial portion of business assets originating from an existing enterprise.

Why it fails?

The startup may face scrutiny regarding whether it is genuinely new or substantially reconstructed.

How to fix it?

Maintain clear records regarding asset sourcing.

Supporting documentation

• Purchase invoices

• Asset registers

• Funding records

• Ownership documentation

❌ Mistake 8: Weak Revenue or No Commercial Traction

What fails?

Applications that provide little evidence of market acceptance.

Why it fails and how to fix it?

The Board evaluates commercial viability alongside innovation. 

While there is no prescribed minimum revenue or funding requirement under the Startup India framework, evidence of commercial traction generally strengthens an application.

Strong evidence includes

• Revenue generation

• Customer contracts

• Pilot projects

• Letters of intent

• Strategic partnerships

• Institutional funding

• Angel investment

• Product adoption metrics

Eligible startups continue to obtain IMB Certification where they are able to demonstrate innovation, scalability, commercial substance and compliance with the prescribed conditions.

Documents That Matter Most

Priority 1: Must-Have Documents

Document	Why It Matters	Quality Standard
One-page innovation summary	Articulates core innovation	Include innovation and differentiation prominently
Audited financials	Shows business viability	Latest available financials
Pitch deck	Explains business model	Clear scalability narrative
Customer logos, contracts, pilot projects, letters of intent or other commercial validation evidence	Demonstrates traction	Documentary support wherever available
Term Sheet / SHA from investors	Validates scalability	Institutional investment can strengthen credibility

Before You File: 10-Point Readiness Checklist

Do NOT File Until Most Boxes Are Checked

Check	Requirement	Status
✅	DPIIT Recognition	[]
✅	Entity Structure Appropriate	[]
✅	Innovation Clearly Articulated	[]
✅	Innovation Evidence Available	[]
✅	Commercial Traction Demonstrated	[]
✅	Financial Statements Ready	[]
✅	3-Year Projections Prepared	[]
✅	Customer Validation Available	[]
✅	Supporting Documents Organized	[]
✅	Not a Reconstruction of Existing Business	[]

Readiness Score: How Likely Are You to Succeed?

Score	Likelihood	Recommendation
8–10 ✅	Strong application	File application
5–7 ✅	Moderate readiness	Strengthen before filing
Below 5 ✅	Significant gaps remain	Do not file yet

Disclaimer: The readiness score is only an indicative self-assessment tool and does not represent any official evaluation methodology adopted by the Inter-Ministerial Board.

Important Note

IMB Certification applications are evaluated on a case-by-case basis.

No single factor—such as patent filing, revenue level, funding round, customer count or turnover—guarantees approval or rejection.

The Board evaluates the overall innovation, scalability, commercial viability, business model and supporting evidence presented by the applicant startup.

Key Takeaways

"The Board doesn't certify ambition. It evaluates evidence."

Founders Should Remember 5 Things

✅ DPIIT Recognition and IMB Certification serve entirely different purposes.

✅ DPIIT Recognition alone does not automatically entitle a startup to all tax-related benefits. Separate conditions and eligibility requirements apply for benefits such as Section 80-IAC deduction and eligible startup ESOP taxation provisions.

✅ The IMB evaluates evidence of innovation and scalability, not merely business plans and presentations.

✅ Certification should be planned well before funding rounds, ESOP exercises or liquidity events.

✅ The most expensive startup tax mistake: assuming eligibility before establishing it.

Share This With Startup Founders Who Need to Read It

Don't let startup founders lose valuable tax benefits due to avoidable mistakes.

Share this post with founders, investors, incubators and startup advisors in your network.

Coming Next in Part 3

How Do You Actually Obtain IMB Certification?

Complete application process, Startup India Portal filing roadmap, document checklist, timelines, practical guidance and common errors to avoid.

Because now you know what a successful application looks like—the next question is:

How do you actually submit it?

IMB Certification Explained – Part 1 The Approval That Separates Startup Recognition from Startup Tax Benefits

 By CA Surekha Ahuja

Every startup founder wants to know what tax benefits are available. Far fewer ask the more important question: Has the startup actually qualified for them?

India's startup ecosystem has witnessed extraordinary growth over the last decade. Founders today are familiar with fundraising rounds, venture capital term sheets, ESOP pools, startup valuations, investor due diligence and government-backed startup initiatives. Among these, DPIIT recognition has become one of the most widely discussed milestones in a startup's journey.

Yet, despite the growing sophistication of the ecosystem, a critical aspect of startup taxation continues to be misunderstood.

Many founders believe that once a startup obtains DPIIT recognition, the significant tax benefits associated with the Startup India framework automatically become available. In reality, some of the most valuable startup tax incentives depend upon a second and far less understood approval—Inter-Ministerial Board (IMB) Certification.

This distinction is not merely technical.

It helps explain why, as of April 2026, India has more than 1.97 lakh DPIIT-recognized startups, but only around 3,700 startups have obtained IMB Certification.

The gap is too large to be ignored.

More importantly, it reveals an important truth about India's startup tax framework: recognition and tax eligibility are not the same thing.

Understanding this distinction is the first step towards understanding how startup tax incentives actually work.

The Startup Conversation Most Founders Never Have

When entrepreneurs discuss building and scaling a startup, the conversation naturally revolves around growth.

Product development, customer acquisition, hiring, fundraising, market expansion, ESOPs and valuation dominate boardroom discussions.

What receives considerably less attention is a question that may ultimately determine access to several important tax benefits:

Has the startup merely been recognized, or has it also qualified for the incentives associated with that recognition?

Most founders assume these are two stages of the same process.

They are not.

And that misunderstanding often surfaces only when ESOP taxation, investor due diligence, funding rounds or tax planning discussions bring the issue into focus.

By that stage, founders are frequently discovering a distinction they believed had already been addressed.

Understanding the Two-Gate Framework

One of the biggest misconceptions in the startup ecosystem is the belief that startup recognition and startup tax eligibility are broadly synonymous.

They are not.

India's startup framework effectively operates through two separate gates, each designed to answer a different question.

Gate One: DPIIT Recognition

The first gate asks:

"Does this entity qualify as a startup under the Startup India framework?"

The review primarily focuses on incorporation records, constitutional documents and prescribed eligibility conditions.

The objective is straightforward.

The Government determines whether the entity satisfies the criteria necessary to be recognized as a startup.

Once approved, the entity becomes a DPIIT-recognized startup and gains access to various non-tax benefits available under the Startup India ecosystem.

However, DPIIT recognition should not be mistaken for tax eligibility.

It establishes startup status.

It does not automatically establish entitlement to startup-specific tax incentives.

Gate Two: IMB Certification

The second gate asks a much more demanding question:

"Is this the type of startup for which special tax incentives were intended?"

At this stage, the focus shifts from legal existence to business substance.

The Inter-Ministerial Board examines whether the startup demonstrates genuine innovation, scalability, employment generation potential and the capacity to create long-term economic value.

The issue is no longer whether the startup exists.

The issue is whether the startup has demonstrated the characteristics that justify the grant of special tax incentives designed to promote innovation-led entrepreneurship.

This distinction lies at the heart of India's startup tax framework.

DPIIT Recognition vs IMB Certification

Particulars	DPIIT Recognition	IMB Certification
Core Question	Is this a startup?	Is this an eligible startup for specified tax incentives?
Nature of Review	Documentation-based	Business evaluation-based
Primary Objective	Recognition	Tax benefit eligibility
Focus Area	Legal eligibility	Innovation, scalability and commercial substance
Section 80-IAC Deduction	Not available merely through recognition	Eligibility determined through certification
ESOP Tax Deferral	Not available merely through recognition	Eligibility determined through certification
Processing Approach	Administrative review	Substantive evaluation by the Board

The practical implication is significant.

Many founders discuss startup tax benefits after crossing the first gate, even though some of those benefits become relevant only after crossing the second.

Why Only 3,700 Startups Reach the Second Gate

Whenever a gap of this magnitude exists, the natural question is whether the certification process is excessively restrictive.

The answer is usually no.

The two approvals were never designed to serve the same purpose.

DPIIT recognition identifies startups.

IMB Certification identifies startups that satisfy a higher threshold for innovation-driven tax incentives.

The Board's mandate is not to reward incorporation. Its mandate is to identify businesses capable of generating innovation, intellectual property, employment opportunities and scalable economic value.

Viewed through that lens, the recurring reasons for rejection become remarkably consistent.

Applications often face difficulties where:

• The business model resembles conventional trading rather than innovation.
• Revenue growth depends primarily upon increasing manpower rather than scalable systems.
• Financial projections lack credible supporting assumptions.
• Intellectual property or technological differentiation is absent.
• The business appears to be a continuation or reconstruction of an existing enterprise.
• Significant assets have been transferred from an existing business.
• Commercial traction remains limited or inadequately demonstrated.

The Most Important Insight: The Board Evaluates Evidence, Not Narratives

Perhaps the single most important principle founders should understand before applying is this:

The Board evaluates evidence, not aspirations.

A pitch deck may describe innovation.

The Board looks for objective indicators supporting that claim. A founder may speak about scalability.

The Board seeks evidence demonstrating how scalability can realistically be achieved. A business plan may project future growth.

The Board examines whether there is sufficient substance to support those projections. In practical terms, stronger applications often contain:

• Proprietary technology or processes;
• Patent filings or intellectual property development;
• Demonstrable customer traction;
• Recurring revenue streams;
• Clear competitive differentiation;
• Scalable business architecture;
• Evidence-backed financial projections.

The lesson is simple.

The Board does not certify ambition. It evaluates evidence of innovation and scalability.

That distinction explains much of the gap between recognition and certification.

The Principle That Extends Beyond IMB Certification

The most valuable lesson from the IMB framework extends beyond IMB Certification itself.

One of the recurring themes in startup taxation is that benefits are frequently discussed before eligibility is examined.

Founders hear about startup tax holidays, ESOP tax relief and various startup incentives and understandably focus on the opportunities available.

However, sophisticated tax planning begins with a different question.

Not:

"What benefits exist?"

But:

"What conditions must be satisfied to access those benefits?"

The distinction may appear technical. In practice, it often determines whether tax planning succeeds or whether expectations eventually collide with reality. The law does not reward declared innovation.

It rewards demonstrated innovation. The law does not reward projected scalability.

It rewards businesses capable of evidencing scalability. IMB Certification is the mechanism through which that distinction is tested.

Why ESOPs Bring This Issue Into Sharp Focus

For many startups, the significance of IMB Certification becomes apparent only when employee stock options enter the conversation.

At that point, the issue moves from theory to practical consequence. 

Employees exercising stock options may become liable to tax on the perquisite value arising on exercise even though no liquidity event has yet occurred.

In simple terms, employees may possess wealth on paper while lacking the cash necessary to discharge the associated tax liability.

Recognizing this challenge, the law provides a tax deferral mechanism for employees of eligible startups, subject to prescribed conditions.

The distinction is crucial. The framework applies to eligible startups—not merely recognized startups.

Therefore, IMB Certification is not merely a compliance formality. It can directly influence the effectiveness of an ESOP programme as a tool for attracting, motivating and retaining talent.

A founder who assumes eligibility may unintentionally create expectations that the law does not support. A founder who understands eligibility early can structure the programme with greater certainty and credibility.

The Timing Mistake Most Startups Make

One of the most common strategic mistakes is treating IMB Certification as a future compliance task rather than a present planning exercise.

Many startups begin considering certification only when:

• An ESOP exercise window is approaching;
• A funding round is underway;
• Investor due diligence has commenced;
• A secondary transaction is being evaluated; or
• A liquidity event is on the horizon.

By that stage, valuable planning flexibility may already have been lost.

The more prudent approach is to work backwards from the transaction that matters.

If access to startup tax incentives could become relevant within the foreseeable future, the certification process should ideally begin well in advance. The cost of preparing early is usually administrative.

The cost of preparing late may affect employees, investors and transaction timelines.

Viewed through that lens, IMB Certification becomes less of a compliance decision and more of a governance decision.

The Real Message Behind the Numbers

The difference between 1.97 lakh DPIIT-recognized startups and approximately 3,700 IMB-certified startups is not merely an administrative statistic.

It reflects a deeper principle embedded within India's startup tax framework.

Recognition acknowledges the existence of a startup. Certification evaluates whether that startup has demonstrated the innovation, scalability and economic potential for which specific tax incentives were created.

India's startup ecosystem has become exceptionally successful at encouraging entrepreneurship.

The next challenge is ensuring that founders understand the distinction between startup recognition and startup tax eligibility.

Because future tax disputes, disappointed expectations and avoidable surprises are unlikely to arise because incentives do not exist.

They are more likely to arise because eligibility was presumed before it was demonstrated.

And that is precisely the gap that IMB Certification was designed to bridge.

Key Takeaways

Founders Should Remember Five Things

✓ DPIIT Recognition and IMB Certification serve entirely different purposes.

✓ DPIIT Recognition alone does not unlock Section 80-IAC benefits or ESOP tax deferral.

✓ The IMB evaluates evidence of innovation and scalability, not merely business plans and presentations.

✓ Certification should be planned well before funding rounds, ESOP exercises or liquidity events.

✓ The most expensive startup tax mistakes often arise when eligibility is assumed rather than established.

Coming Next in Part 2

Part 2: What Does a Successful IMB Application Look Like?

We will examine:

• How the Inter-Ministerial Board evaluates applications.
• The documents that matter most.
• What founders should include in their innovation and scalability narrative.
• Common mistakes that weaken otherwise deserving applications.
• Practical readiness checks before filing for certification.

Because once founders understand why IMB Certification matters, the next logical question becomes:

How do you actually obtain it?

 

June 2026 Compliance Calendar - Key regulatory due dates for Indian businesses & companies

BY Team at Sandeep Ahuja & Co 

Staying on top of your compliance obligations is essential to avoid penalties and maintain good standing with regulatory authorities. Here is your June 2026 Compliance Calendar — a comprehensive month-wise reference covering due dates under the GST Act, Income Tax Act, ESIC Act, EPF Act, Companies Act, FEMA, and DGFT regulations.

Whether you are a business owner, company secretary, or finance professional, this calendar will help you plan ahead and ensure all filings, payments, and returns are completed on time. Please note that due dates are subject to change based on official notifications or government extensions — always verify before filing.

S.No.	Particulars of Compliance	Form	Applicable Act	Due Date
1	Reporting of actual ECB transaction on monthly basis through AD Category-I bank within 7 working days	Form ECB-2	FEMA	09.06.2026
2	Filing of returns by registered persons with aggregate turnover exceeding ₹5 Crores during the previous year, and registered persons with aggregate turnover of less than ₹5 Crores who have opted for monthly filing of return	GSTR-1	GST	11.06.2026
3	Deposit of TDS/TCS deducted or collected in May 2026	TDS/TCS Challan	Income Tax Act	07.06.2026
4	Payment and filing of ESIC return for the month of May 2026	ESIC Challan	ESIC Act	15.06.2026
5	Payment and filing of PF return for the month of May 2026	ECR	EPF Act	15.06.2026
6	First instalment of advance tax for the Assessment Year 2027-28	Advance Tax	Income Tax Act	15.06.2026
7	GST return for the month of May 2026 for taxpayers with aggregate turnover up to ₹5 Crores during the previous year and taxpayers who have opted for monthly filing of GSTR-3B	GSTR-3B	GST	20.06.2026
8	Summary of outward supplies, ITC claimed, and net tax payable by taxpayers with aggregate turnover up to ₹5 Crores during the previous year and who have opted for quarterly filing of GSTR-3B, for specified states	GSTR-3B	GST	22.06.2026
9	Return of statutory compliance by Nidhi Companies	NDH-1	Companies Act	29.06.2026
10	Updation of Import and Export Code	IEC Code	DGFT / Foreign Trade Policy	30.06.2026
11	KYC for Directors	DIR-3 KYC / Web	Companies Act	30.06.2026
12	Return of deposit or particulars of transaction not considered as deposit or both as per Section 73 of the Act	DPT-3	Companies Act	30.06.2026

From Global Uncertainty to Bharat’s Opportunity - The Economic Rise of Bharat Will Be Built by Indians

 By CA Surekha Ahuja

Modi Hai Toh Mumkin Hai

The world is entering a dangerous phase of economic wars, supply-chain disruption, inflation shocks, energy insecurity, technological domination, and geopolitical instability. Powerful economies are slowing down, global systems are becoming fragile, and nations are increasingly turning inward.

But history proves one thing:

Every global crisis creates opportunity for a prepared nation.

And today, India has that opportunity.

This is not the time for routine reforms or small thinking. This is the moment for bold, visionary, out-of-the-box, nation-defining decisions. Because the next 3 years can define India’s next 30 years.

India today possesses a strength very few nations have together:

• 140 crore Indians,
• the world’s largest youth population,
• a $100+ billion remittance engine,
• rising manufacturing power,
• digital leadership,
• startup strength,
• strategic geopolitical importance,
• and millions of Global Indians emotionally connected to Bharat.

The Economic Rise of Bharat Will Be Built by Indians

• Launch a massive “Bharat Development Fund” where Indians and Global Indians directly participate in building India’s infrastructure, defence corridors, semiconductors, AI hubs, railways, logistics, clean energy, and strategic industries.
• Introduce sovereign-style nation-building investment instruments inspired by SGB-like trust and stability — linked with infrastructure, manufacturing, defence, semiconductors, railways, and energy security.
• Transform India’s $100+ billion remittance strength into a “Global Indian Investment Movement” where NRIs become long-term stakeholders in Bharat’s rise — not merely senders of money.
• Make GIFT City India’s global financial gateway — Bharat’s answer to Singapore and Dubai.
• Launch a one-click “Invest in Bharat” platform where Global Indians can:
  • invest in India,
  • support parents,
  • buy health insurance,
  • create pension security,
  • invest in startups and infrastructure,
  • and directly participate in Bharat’s future.
• Build the world’s most trusted investment ecosystem with:
  • faceless governance,
  • AI-driven transparency,
  • instant refunds,
  • lower litigation,
  • faster approvals,
  • and zero fear for honest taxpayers and investors.
• Push “Made by Indians, Built for the World” aggressively in semiconductors, defence, electronics, EVs, AI, aerospace, renewables, and strategic technologies.
• Build manufacturing and innovation cities at massive scale through ports, freight corridors, logistics hubs, industrial zones, and digital infrastructure to generate jobs, exports, and long-term growth.
• Create strategic reserves for oil, semiconductors, food, fertilisers, and critical minerals so no global disruption can economically weaken Bharat.
• Bring India’s global brainpower back into the national mission by connecting overseas Indian CEOs, scientists, founders, doctors, investors, and technologists with India’s next economic revolution.
• Push India toward complete strategic and energy independence through solar, nuclear, green hydrogen, EV ecosystems, battery infrastructure, indigenous defence manufacturing, AI leadership, and advanced technologies.
• Create a national movement where Indians invest more in Indian businesses, Indian manufacturing, Indian innovation, Indian tourism, and India’s long-term growth story.

The Defining Opportunity Before Bharat

“If Indians in India build with confidence,
and Global Indians invest with conviction,
then Bharat will not merely become a large economy — Bharat will become one of the defining powers of the century.”

“The world is changing rapidly. India cannot think small anymore.
The next 3 years can shape India’s next 30 years.
And if leadership, manufacturing, innovation, technology, nationalism, and the strength of Global Indians rise together with one vision — then truly, Modi Hai Toh Mumkin Hai.”

 

GST on Hookah in Restaurants: West Bengal AAR Rules Hookah Is Not Restaurant Service (5% GST Denied)

By CA Surekha Ahuja

Indian Wire Products Company, In re (185 taxmann.com 475) (AAR – West Bengal): A significant GST ruling on hookah supplied in restaurants, cafés, bars and lounges

A significant GST issue in the hospitality sector has now received legal clarity:

Can hookah supplied in restaurants and lounges be taxed at the concessional 5% GST rate applicable to restaurant services?

The West Bengal Authority for Advance Ruling (AAR) has answered the issue decisively:

No. Hookah is not restaurant service.

Its taxability follows its own statutory classification, even when supplied alongside food and beverages in the same premises.

This distinction has direct commercial implications.

Food supplied in restaurants continues to attract 5% GST (without ITC), whereas hookah may attract 18% GST or 40% GST, along with Compensation Cess wherever applicable, depending upon product classification.

The ruling reinforces a core GST principle:

Taxability follows legal classification and principal supply—not the commercial format in which the supply is offered.

What the West Bengal AAR Held

The applicant sought an advance ruling on whether hookah supplied within restaurant premises, together with food and beverages, could be treated as restaurant service under Paragraph 6(b) of Schedule II to the CGST Act.

The applicant argued that hookah forms part of the integrated hospitality experience and should therefore be treated as naturally bundled with restaurant services.

The AAR rejected that position.

The Authority held that restaurant service under Paragraph 6(b) is confined to supply of food, drink or similar consumable articles for human consumption.

Hookah does not fall within that statutory category merely because it is supplied at the same premises.

Further, where hookah is supplied with apparatus, preparation, coal arrangement and service support, the transaction may qualify as a composite supply under Section 2(30) of the CGST Act.

However, under Section 8(a), taxability follows the principal supply.

The Authority held that the principal supply remains the hookah consumable itself.

The apparatus and service elements remain ancillary.

Therefore, the entire supply follows goods classification.

The practical conclusion is clear:

Hookah cannot be taxed under the concessional 5% restaurant GST framework merely because it is supplied inside a restaurant or lounge.

Why Hookah Failed the Restaurant Service Test

The dispute centred on the phrase in Paragraph 6(b) of Schedule II:

“food, drink or any other article for human consumption”

The applicant argued that hookah falls within “any other article for human consumption.”

The Authority rejected this interpretation.

Applying the principle of ejusdem generis, the Authority held that the general phrase must derive meaning from the preceding words.

This means the law contemplates articles consumed in a manner similar to food or drink.

The distinction is legally important:

Category	Nature of Consumption
Food	Eaten
Drink	Swallowed
Similar consumable article	Ingested
Hookah smoke	Inhaled

The Authority held that inhalation is not equivalent to ingestion.

That distinction became the legal basis for denying restaurant service classification.

Correct GST Classification: HSN vs SAC

This ruling settles an important industry confusion.

Restaurant supply follows SAC. Hookah supply follows HSN.

The correct tax treatment is:

Supply Type	Nature	Classification Code	GST Rate
Food supplied in restaurant	Service	SAC 996331	5% (without ITC)
Tobacco-based hookah mixture / flavoured tobacco	Goods	HSN 2403	40% GST + Compensation Cess (where applicable)
Herbal / non-tobacco hookah mixture	Goods	HSN 2106 or HSN 2403 (depending on composition)	Rate depends on final HSN classification and product composition
Hookah apparatus sold separately	Goods	Product-specific HSN	Applicable product rate
Coal supplied separately	Goods	Product-specific HSN	Applicable product rate

For herbal hookah, classification depends on product composition, nicotine content, packaging declaration and actual product use.

Absence of tobacco does not convert herbal hookah into restaurant service.

The classification principle remains unchanged.

Comparative Position: Why Hookah Is Different

The distinction becomes clearer when compared with similar supplies:

Supply	GST Position	Reason
Restaurant dine-in food	Restaurant service	Core edible supply
Cloud kitchen / takeaway food	Restaurant service	Pure food supply
Masala paan	Goods	Single edible finished product
Hookah	Goods	Independent inhalation-based supply

The principle is simple:

Supplying multiple items together does not merge their tax identity.

Each supply retains its own statutory character unless the law specifically provides otherwise.

Immediate Compliance Priorities

Businesses supplying hookah should immediately focus on:

Priority Area	Immediate Action
Billing Structure	Separate hookah and food billing
Product Classification	Correct HSN identification
Tax Application	Apply product-specific GST rates
ITC Position	Review admissibility separately

Past transactions should also be reviewed where hookah may have been billed under restaurant GST.

Conclusion

The West Bengal AAR has drawn a clear legal distinction:

Food remains restaurant service. Hookah remains goods.

Hookah does not acquire concessional restaurant tax treatment merely because it is supplied in a restaurant, café, bar or lounge.

Its taxability follows its own legal identity and the principal supply test under GST law.

The compliance position is now clear:

Food may continue at 5% under restaurant services. Hookah must be separately classified, separately billed and taxed at its applicable rate.

Under GST, the place or format of supply does not determine tax character; legal classification does. That is the real significance of this ruling.