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Chapter I - PRELIMINARY (From Clause 1 to Clause 3)

Chapter II - BASIS OF CHARGE (From Clause 4 to Clause 10)

Chapter III - INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME
Part A - Incomes not to be included in total income

Clause 11Incomes not included in total income.

Part B - Incomes not to be included in total income of political parties and electoral trusts

Clause 12Incomes not included in total income of political parties and electoral trusts.

Chapter IV - COMPUTATION OF TOTAL INCOME
Part A - Heads of income (From Clause 13 to Clause 14)

Part B - Salaries (From Clause 15 to Clause 19)

Part C - Income from house property (From Clause 20 to Clause 25)

Part D - Profits and gains of business or profession (From Clause 26 to Clause 66)

Part E - Capital gains (From Clause 67 to Clause 91)

Part F - Income from other sources (From Clause 92 to Clause 95)

Chapter V - INCOME OF OTHER PERSONS, INCLUDED IN TOTAL INCOME OF ASSESSEE (From Clause 96 to Clause 100)

Chapter VI - AGGREGATION OF INCOME (From Clause 101 to Clause 107)

Chapter VII - SET OFF, OR CARRY FORWARD AND SET OFF OF LOSSES (From Clause 108 to Clause 121)

Chapter VIII - DEDUCTIONS TO BE MADE IN COMPUTING TOTAL INCOME
Part A - General

Clause 122Deductions to be made in computing total income.

Part B - Deductions in respect of certain payments (From Clause 123 to Clause 137)

Part C - Deductions in respect of certain incomes. (From Clause 138 to Clause 152)

Part D - Deductions in respect of other incomes

Clause 153Deduction for interest on deposits.

Part E - Other deductions

Clause 154Deduction in case of a person with disability.

Chapter IX - REBATES AND RELIEFS
Part A - Rebates and reliefs (From Clause 155 to Clause 158)

Part B - Double taxation relief (From Clause 159 to Clause 160)

Chapter X - SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX (From Clause 161 to Clause 177)

Chapter XI - GENERAL ANTI-AVOIDANCE RULE (From Clause 178 to Clause 184)

Chapter XII - MODE OF PAYMENT IN CERTAIN CASES, ETC. (From Clause 185 to Clause 189)

Chapter XIII - DETERMINATION OF TAX IN SPECIAL CASES
Part A - Determination of tax in certain special cases (From Clause 190 to Clause 195)

Part B - Special provisions relating to tax on capital gains (From Clause 196 to Clause 198)

Part C - New tax regime (From Clause 199 to Clause 205)

Part D - Special provisions relating to minimum alternate tax and alternate minimum tax

Clause 206Special provision for minimum alternate tax and alternate minimum tax.

Part E - Special provisions relating to non-residents and foreign company (From Clause 207 to Clause 220)

Part F - Special provisions relating to pass-through entities (From Clause 221 to Clause 224)

Part G - Special provisions relating to income of shipping companies (From Clause 225 to Clause 235)

Chapter XIV - TAX ADMINISTRATION
Part A - Authorities, jurisdiction and functions (From Clause 236 to Clause 245)

Part B - Powers (From Clause 246 to Clause 261)

Chapter XV - RETURN OF INCOME
Part A - Allotment of Permanent Account Number

Clause 262Permanent Account Number.

Part B - Filing of return of income and processing (From Clause 263 to Clause 267)

Chapter XVI - PROCEDURE FOR ASSESSMENT
Part A - Procedure for assessment (From Clause 268 to Clause 291)

Part B - Special procedure for assessment of search cases (From Clause 292 to Clause 301)

Chapter XVII - SPECIAL PROVISIONS RELATING TO CERTAIN PERSONS
Part A - Association of persons, firm, Hindu undivided family, etc.
Part 1. - Legal representatives

Clause 302Legal representative.

Part 2. - Representative assesses—General provisions (From Clause 303 to Clause 305)

Part 3. - Representative assesses—Special cases (From Clause 306 to Clause 308)

Part 4. - Association of persons and body of individuals (From Clause 309 to Clause 311)

Part 5. - Executors

Clause 312Executor.

Part 6. - Succession to business or profession (From Clause 313 to Clause 314)

Part 7. - Partition

Clause 315Assessment after partition of Hindu undivided family.

Part 8. - Profits of non-residents from occasional shipping business

Clause 316Shipping business of non-residents.

Part 9. - Persons leaving India

Clause 317Assessment of persons leaving India.

Part 10. - Association of persons or body of individuals or artificial juridical person formed for a particular event or purpose

Clause 318Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose.

Part 11. - Persons trying to alienate their assets

Clause 319Assessment of persons likely to transfer property to avoid tax.

Part 12. - Discontinuance of business, or dissolution (From Clause 320 to Clause 322)

Part 13. - Private companies

Clause 323Liability of directors of private company.

Part 14. - Assessment of firms (From Clause 324 to Clause 326)

Part 15. - Change in constitution, succession and dissolution (From Clause 327 to Clause 330)

Part 16. - Liability of partners of limited liability partnership in liquidation

Clause 331Liability of partners of limited liability partnership in liquidation.

Part B - Special Provisions for Registered non-profit organisation
Part 1. - Registration (From Clause 332 to Clause 333)

Part 2. - Income of registered non-profit organisation (From Clause 334 to Clause 343)

Part 3. - Commercial activities by registered non-profit organisation (From Clause 344 to Clause 346)

Part 4. - Compliances (From Clause 347 to Clause 350)

Part 5. - Violations (From Clause 351 to Clause 353)

Part 6. - Approval for purpose of deduction under section 133(1)(b)(ii)

Clause 354Application for approval for purpose of section 133(1)(b)(ii).

Part 7. - Interpretation

Clause 355Interpretation.

Chapter XVIII - APPEALS, REVISIONS AND ALTERNATE DISPUTE RESOLUTIONS
Part A - Appeals
Part 1. - Appeals to Joint Commissioner (Appeals) and Commissioner (Appeals) (From Clause 356 to Clause 360)

Part 2. - Appeals to Appellate Tribunal (From Clause 361 to Clause 364)

Part 3. - Appeals to High Court. (From Clause 365 to Clause 366)

Part 4. - Appeals to Supreme Court. (From Clause 367 to Clause 368)

Part 5. - General (From Clause 369 to Clause 374)

Part B - Special provisions for avoiding repetitive appeals (From Clause 375 to Clause 376)

Part C - Revision by the Principal Commissioner or Commissioner. (From Clause 377 to Clause 378)

Part D - Alternate dispute resolutions
Part 1. - Dispute Resolution Committee in certain cases

Clause 379Dispute Resolution Committee.

Part 2. - Advance rulings (From Clause 380 to Clause 389)

Chapter XIX - COLLECTION AND RECOVERY OF TAX
Part A - General (From Clause 390 to Clause 391)

Part B - Deduction and collection at source (From Clause 392 to Clause 402)

Part C - Advance payment of tax (From Clause 403 to Clause 410)

Part D - Collection and recovery (From Clause 411 to Clause 422)

Part E - Interest chargeable in certain cases (From Clause 423 to Clause 426)

Part F - Levy of fee in certain cases (From Clause 427 to Clause 430)

Chapter XX - REFUNDS (From Clause 431 to Clause 438)

Chapter XXI - PENALTIES (From Clause 439 to Clause 472)

Chapter XXII - OFFENCES AND PROSECUTION (From Clause 473 to Clause 498)

Chapter XXIII - MISCELLANEOUS (From Clause 499 to Clause 536)

Schedules SCH - SCHEDULES (From SCHEDULE I to SCHEDULE XVI)

STATEMENT

STATEMENTSTATEMENT OF OBJECTS AND REASONS + PRESIDENT’S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

Notes on Clauses

NotesNotes on Clauses

MEMORANDUM (From MEMO to MEMO)

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Clause 109 - Set off of losses under any other head of income.

Income Tax Bill, 2025 - Old Version
Chapter VII
SET OFF, OR CARRY FORWARD AND SET OFF OF LOSSES

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Set-off of losses across heads limits business loss against salary and caps house property loss offset. Losses under heads other than Capital gains may be set off against income under any other head, including Capital gains, for the same tax year, subject to exceptions: business or professional losses cannot be set off against salary income; house property losses are set off against other heads only up to two lakh rupees; and Capital gains losses cannot be set off against any other head.

Notes - Addresses the set-off of losses under various heads of income In Clause 109 of Income Tax Bill, 2025 Vs. Section 71 of the Income Tax Act, 1961

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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

Provisions expressly mentioned in the judgment/order text.

Set-off of losses across heads limits business loss against salary and caps house property loss offset.

Losses under heads other than Capital gains may be set off against income under any other head, including Capital gains, for the same tax year, subject to exceptions: business or professional losses cannot be set off against salary income; house property losses are set off against other heads only up to two lakh rupees; and Capital gains losses cannot be set off against any other head.

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Clause 109 - Set off of losses under any other head of income.

Income Tax Bill, 2025 - Old Version
Chapter VII
SET OFF, OR CARRY FORWARD AND SET OFF OF LOSSES

Set-off of losses across heads limits business loss against salary and caps house property loss offset.

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Set-off of losses across heads limits business loss against salary and caps house property loss offset.

Topics

Income Tax Bill, 2025 - Old Version
Chapter VII
SET OFF, OR CARRY FORWARD AND SET OFF OF LOSSES