Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Act Rules Income Tax
    Comparison of section 226 "Tonnage tax scheme." between the Income-Tax Act, 2025 (as passed) and the...
    Act Rules Income Tax
    Comparison of section 225 "Income from business of operating qualifying ships." between the Income-T...
    Act Rules Income Tax
    Comparison of section 223 "Tax on income of unit holder and business trust." between the Income-Tax ...
    Act Rules Income Tax
    Comparison of section 214 "Tax on investment income and long-term capital gains." between the Income...
    Act Rules Income Tax
    Comparison of Section 212 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act Rules Income Tax
    Comparison of Section 210 "Tax on income of Foreign Institutional Investors from securities or capit...
    Act Rules Income Tax
    Comparison of Section 209 "Tax on income from bonds or Global Depository Receipts purchased in forei...
    Act Rules Income Tax
    Comparison of Section 208 "Tax on income from units purchased in foreign currency or capital gains a...
    Act Rules Income Tax
    Comparison of Section 207 "Tax on dividends, royalty and fees for technical service in case of forei...
    Act Rules Income Tax
    Comparison of Section 206 "Special provision for minimum alternate tax and alternate minimum tax." b...
    Act Rules Income Tax
    Comparison of Section 205 "Conditions for tax on income of certain companies and co-operative societ...
    Act Rules Income Tax
    Comparison of Section 201 "New tax regime for individuals, Hindu undivided family and others." betwe...
    Act Rules Income Tax
    Comparison of Section 201 "Tax on income of new manufacturing domestic companies." between the Incom...
    Act Rules Income Tax
    Comparison of Section 200 "Tax on income of certain domestic companies." between the Income-Tax Act,...
    Act Rules Income Tax
    Comparison of Section 199 "Tax on income of certain manufacturing domestic companies." between the I...
    Act Rules Income Tax
    Comparison of Section 197 "Tax on long-term capital gains." between the Income-Tax Act, 2025 (as pas...
    Act Rules Income Tax
    Comparison of Section 193 "Tax on income from Global Depository Receipts purchased in foreign curren...
    Act Rules Income Tax
    Comparison of Section 187 "Acceptance of payment through prescribed electronic modes." between the I...
    Act Rules Income Tax
    Comparison of Section 175 "Avoidance of tax by certain transactions in securities." between the Inco...
    Act Rules Income Tax
    Comparison of Section 166 "Reference to Transfer Pricing Officer." between the Income-Tax Act, 2025 ...
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Act Rules Income Tax
Show AI Summary
Tonnage tax scheme requires separate business treatment and distinct computation for qualifying shipping operations upon exercise of option.
An elective tonnage tax scheme treats qualifying shipping operations as a separate business requiring separate computation of profits; operation includes owned, chartered and partial charter arrangements. Tonnage income is computed under the Part's computation provision and deemed to be profits of business, with relevant shipping income not chargeable where the scheme applies. The regime is available only if the company exercises the statutory option; absent the option, general provisions apply.
Act Rules Income Tax
Show AI Summary
Tonnage tax option for ship operators permits elective computation and deems such income as business income.
The provision allows companies operating qualifying ships to elect a special tonnage computation and deems the resulting amount to be profits and gains of business or profession, while the enacted text limits the clause's non-application by preserving the operation of certain specified provisions.
Act Rules Income Tax
Show AI Summary
Deeming rule: distributions retain trust character, requiring payer reporting and trust taxation at maximum marginal rate.
Clause 223 deems distributions by a business trust to retain the same character and proportion in the hands of unit holders, charges the trust's total income at the maximum marginal rate subject to qualifying statutory mechanisms, treats specified scheduled items as unit holder income in the year of receipt, excludes certain sums from the deeming rule, and requires payers to furnish prescribed statements detailing the nature of distributed amounts.
Act Rules Income Tax
Show AI Summary
Tax on investment income: enacted wording omits explicit treatment of long term capital gains on non specified assets, creating rate uncertainty.
Special tax rates apply to certain income categories of a non-resident Indian: a specified rate on income from investment, a separate concessional rate on long-term capital gains from a "specified asset," and general rates for residual total income; the enacted text omits an explicit allocation of long-term capital gains on non-specified assets into the investment-income category, creating uncertainty whether such gains attract the special investment rate or fall to residual rates.
Act Rules Income Tax
Show AI Summary
Foreign exchange asset classification determines tax treatment of income from assets acquired in convertible foreign exchange.
Definitions for sections 213-218 tie asset status to acquisition in convertible foreign exchange: a foreign exchange asset is any specified asset acquired with convertible foreign exchange; investment income is any income from such an asset; long-term capital gains are capital gains on a foreign exchange asset that is not short-term; non-resident Indian is a person not resident who is either an Indian citizen or of Indian origin; specified asset lists shares, certain debentures, certain deposits and Central Government securities, with a government notification power and a changed statutory cross-reference for government securities between Bill and Act.
Act Rules Income Tax
Show AI Summary
Taxation of foreign institutional investors' securities income: fixed-category rates apply and residual income taxed under general rates.
The provision creates a category-based tax regime for Foreign Institutional Investors and specified funds, requiring segregation of securities income and capital gains into prescribed heads and applying fixed tax rates to each head, with residual income taxed at general rates. Specified funds are taxed only on amounts attributable to units held by non-residents (attribution to be prescribed). Where gross total income is solely securities income, routine deductions are disallowed; where mixed, specified incomes are excluded for deduction computations. A specified loss-set-off mechanism is excluded for the listed capital gains.
Act Rules Income Tax
Show AI Summary
Tax on foreign currency bonds and GDRs: clarified computation and fixed-source tax treatment for non resident incomes.
Non residents are subject to special tax treatment on interest from specified bonds and dividends on GDRs acquired in foreign currency through an approved intermediary, and on long term capital gains from transfer of those assets; the enacted section prescribes separate tax treatment for each income head, clarifies computation by requiring income tax be computed at the specified rate applied to the corresponding income, and conditions applicability on foreign currency acquisition, intermediary approval, specified deduction exclusions, return filing exceptions and transitional/amalgamation treatment.
Act Rules Income Tax
Show AI Summary
Preferential tax regime for offshore fund income from foreign currency purchased units, segregating specified incomes and limiting deductions.
Section 208 creates a separate tax regime for overseas financial organisations investing in specified Indian units: income from units purchased in foreign currency and long term capital gains on transfer of such units are taxed at fixed rates while remaining income is taxed ordinarily. The provision restricts deductions when gross total income consists solely of those specified incomes and requires segregation of specified incomes so Chapter VIII deductions apply only to the residual income. Eligibility depends on arrangements with specified Indian entities and SEBI approval.
Act Rules Income Tax
Show AI Summary
Head specific tax rates for cross border dividends, royalties and technical fees, with restricted deductions and targeted concessions.
A head specific source taxation regime imposes fixed tax rates on dividends, specified interest, distributed income, unit income, royalties and fees for technical services for non residents and foreign companies, aggregates tax as the sum of prescribed head rates plus tax on residual income, prescribes targeted preferential rates for certain investment vehicles, and restricts deductions in specified scenarios while relying on cross references to other provisions for definitions and exclusions.
Act Rules Income Tax
Show AI Summary
Minimum tax regime deeming book profit/adjusted income taxable when regular tax is below prescribed minimum, imposing MAT/AMT.
Section 206 creates a minimum tax regime whereby, if tax under general provisions is less than a prescribed percentage of book profit (for companies) or adjusted total income (for others), that book profit/adjusted total income is deemed total income and taxed at the prescribed rate. The provision prescribes formulaic add backs and reductions to compute book profit, addresses IND AS transition adjustments, specifies exclusions and carve outs, mandates an accountant's certificate in prescribed form, and provides carry forward and credit rules for excess MAT/AMT paid.
Act Rules Income Tax
Show AI Summary
Concessional tax computation limited by eligibility rules, asset provenance constraints, and AO power to recharacterise excess profits.
Clause 205 sets that, for specified concessional provisions, total income must be computed without certain listed deductions or exemptions, conditions eligibility on the origin and nature of the business and on limits for previously used plant, and empowers the Board (with Central Government approval) to issue guidelines subject to parliamentary laying. The Assessing Officer may determine and attribute profits reasonably deemed in excess of ordinary profits where arrangements inflate returns, applying the arm's length principle for specified domestic transactions.
Act Rules Income Tax
Show AI Summary
Optional simplified tax regime limits specified deductions and restricts loss set-off, with timing and IFSC carve-outs.
The provision creates an optional simplified tax regime for specified persons applying preset slab rates while disallowing a defined list of exemptions, deductions and specified loss set offs; it operates irrespective of other provisions except where expressly carved out, contains deeming rules treating certain losses and depreciation as finally given effect to, provides limited exceptions for IFSC units, and requires taxpayers to elect or withdraw the option within prescribed timelines subject to procedural rules.
Act Rules Income Tax
Show AI Summary
Concessional tax regime for new manufacturing companies: elective, time limited option with fixed-rate treatments and strict eligibility.
An elective concessional tax regime permits domestic manufacturing companies to compute tax under a standalone scheme with fixed tax treatments for defined income categories and specified exclusions. Eligibility hinges on incorporation/registration and commencement temporal thresholds, timely exercise of the option which, once exercised, is irrevocable and continues for subsequent years. Failure to meet conditions invalidates the option prospectively. Computation is constrained by sub-section rules that exclude certain deductions and bar set-off of losses or unabsorbed depreciation attributable to excluded deductions, while cross-references determine treatment of capital gains and deemed incomes.
Act Rules Income Tax
Show AI Summary
Optional concessional tax regime: companies forgo specified deductions to access a lower flat tax rate, with strict irrevocable election rules.
An optional concessional tax regime permits a domestic company to elect a lower flat rate if it forgoes specified deductions and certain carry-forward reliefs; losses and unabsorbed depreciation attributable to excluded deductions cannot be set off and are deemed given full effect. The election must be made in a prescribed manner by the return due date, is irrevocable and applies to subsequent years, with failure to meet requirements invalidating the option. IFSC Units receive a limited modification preserving certain deductions subject to that provision's conditions.
Act Rules Income Tax
Show AI Summary
Concessional tax rate for qualifying manufacturing companies restricted by disallowed deductions and binding election requirement.
An elective regime permits a domestic company incorporated on or after 1 March 2016 and engaged solely in manufacture/production (including related research and distribution) to compute tax at a flat 25% rate if it validly exercises the option in the prescribed manner. The option excludes specified deductions (notably sections 45(2), 47(1)(b), most of Chapter VIII-C except section 146, and sections in section 205(1)(a)-(g)) and bars set-off of earlier losses attributable to those deductions; the provision contains a non-obstante clause while preserving interplay with specified Parts and sections.
Act Rules Income Tax
Show AI Summary
Long-term capital gains tax restructured: LTCG segregated and taxed separately while preserving basic exemption and transitional relief.
Clause 197 prescribes segregation of long-term capital gains from other income, taxing non-LTCG income under the normal progressive regime while subjecting LTCG to a separate rate; resident individuals/HUFs may reduce LTCG to preserve the basic exemption to the extent reduced total income falls short of that threshold. A transitional relief for resident individual/HUF transfers of land or building acquired before a specified cutoff requires dual computation-new LTCG method versus an indexed-cost prior-rate computation-and ignores any excess new-regime tax up to the calculated difference. The enacted Act adds a carve-out for non-resident/foreign-company disposals of unlisted or private-company shares excluding section 72(6) set-off.
Act Rules Income Tax
Show AI Summary
Tax on GDR income segregates dividend and long term gain streams, taxes them at specified concessional rates.
The provision creates a special tax regime for resident employees of specified knowledge based companies (or their subsidiaries) who receive GDR linked income acquired in foreign currency: dividends on qualifying GDRs are taxed at a prescribed concessional rate, long term capital gains on transfer of such GDRs are taxed at a separate prescribed concessional rate, and the balance of the individual's income is taxed at prevailing rates. GDR income is excluded from gross total income for computing deductions, sole GDR dividend income precludes other deductions, and section 72(6) does not apply to these LTCG computations.
Act Rules Income Tax
Show AI Summary
Electronic payment acceptance requirement mandates prescribed digital channels for businesses and professions exceeding the turnover threshold.
The Act mandates that every person carrying on business or profession whose total sales, turnover or gross receipts exceed the turnover threshold in the immediately preceding tax year shall provide facilities to accept payments through prescribed electronic modes in addition to any other electronic modes offered, with specific modes and operational details to be specified by subordinate legislation.
Act Rules Income Tax
Show AI Summary
Deeming rule for dividends: economic owner taxed where transfers separate entitlement from legal receipt.
Section 175 deeming rule attributes interest and dividends to the original owner or beneficial holder when securities transactions separate economic entitlement from legal receipt, applies on day to day accrual where beneficial interest existed during a year, operates irrespective of other charging provisions, allows the Assessing Officer to require ownership details, and includes a business of dealing carve out and short term record date anti arbitrage rules that ignore specified losses and adjust cost of additional securities.
Act Rules Income Tax
Show AI Summary
Reference to Transfer Pricing Officer centralises arm's length price determination, binding assessments and enabling validated multi year application.
An Assessing Officer, with prior supervisory approval, may refer determination of the arm's length price for international or specified domestic transactions to a designated Transfer Pricing Officer who issues a written order after notice and hearing; that TPO order is binding on the Assessing Officer for computing total income, and an opt in permits validated application of the TPO's determination to the two immediately following tax years subject to prescribed conditions and recomputation procedures.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Showing Results for : Reset Filters

Business Income: Comparative Analysis of Clause 26 of the Income Tax Bill, 2025 and Section 28 of the Income-tax Act, 1961

6 March, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Clause 26 Income under head "Profits and gains of business or profession"

Income Tax Bill, 2025

Introduction

The Income Tax Bill, 2025, introduces Clause 26, which pertains to the taxation of income under the head "Profits and gains of business or profession." This clause is a significant development in the legislative framework governing business income taxation in India. It aims to update and refine the provisions related to business income, reflecting changes in the economic environment and business practices. The existing Section 28 of the Income-tax Act, 1961, has been the cornerstone of business income taxation for decades. This article provides a detailed analysis of Clause 26, comparing it with Section 28, and discusses the implications of the proposed changes.

Objective and Purpose

Clause 26 of the Income Tax Bill, 2025, seeks to modernize the taxation framework for business income. The legislative intent behind this provision is to ensure a comprehensive and inclusive definition of income under "Profits and gains of business or profession." It aims to address ambiguities and incorporate various forms of compensation and benefits that have emerged in modern business practices. The historical context of Section 28 of the Income-tax Act, 1961, reflects the economic conditions of its time, and Clause 26 seeks to align the taxation framework with contemporary business realities.

Detailed Analysis

1. Income from Business or Profession

Clause 26(1) states that income from any business or profession carried on by the assessee during the tax year is chargeable under "Profits and gains of business or profession." This mirrors Section 28(i) of the 1961 Act, which also taxes profits and gains from business or profession during the previous year. The primary change is the terminology shift from "previous year" to "tax year," which may imply a different accounting period or fiscal alignment.

2. Compensation and Payments

Both Clause 26(2)(b) and Section 28(ii) address compensation or payments related to termination or modification of management, office, or agency. Clause 26 expands the scope by including compensation for contracts and explicitly mentions payments for vesting management in the government or government-controlled corporations, as seen in Clause 26(2)(c). This is a refinement of Section 28(ii)(d), providing clearer guidance on government-related compensations.

3. Income from Associations

Clause 26(2)(d) and Section 28(iii) both include income derived by trade or professional associations from services performed for members. The language remains consistent, indicating no substantive change in this area.

4. Export Incentives

Clause 26(2)(e) consolidates various export incentives such as input license profits, cash assistance, duty drawback, and duty remission. This is similar to Section 28(iiia)-(iiie), but Clause 26 provides a more streamlined and unified approach to export incentives, potentially simplifying compliance and interpretation.

5. Benefits and Perquisites

Clause 26(2)(f) and Section 28(iv) both address benefits or perquisites arising from business or profession. The new clause maintains the essence of the existing provision while ensuring clarity by explicitly mentioning cash and kind benefits, reflecting modern business practices where non-monetary benefits are prevalent.

6. Partner's Income

Clause 26(2)(g) aligns with Section 28(v), addressing income received by a partner from a firm. The provisions are consistent, ensuring continuity in the treatment of partner income.

7. Non-Compete Agreements

Clause 26(2)(h) and Section 28(va) both cover sums received under non-compete agreements. The new clause includes specific exclusions, such as sums related to capital gains and Montreal Protocol compensations, enhancing clarity and aligning with international agreements.

8. Keyman Insurance Policy

Both Clause 26(2)(i) and Section 28(vi) include sums received under a Keyman insurance policy. The provisions remain consistent, reflecting the importance of such policies in business risk management.

9. Inventory Conversion

Clause 26(2)(j) and Section 28(via) address the fair market value of inventory converted into capital assets. The provisions are similar, ensuring a consistent approach to inventory valuation changes.

10. Capital Asset Transactions

Clause 26(2)(k) and Section 28(vii) cover sums received from transactions involving capital assets. The new clause maintains the existing framework, with minor adjustments for clarity.

11. Speculative Transactions

Clause 26(3) and Section 28 Explanation 2 both recognize speculative transactions as distinct businesses. The provisions are consistent, ensuring clarity in the treatment of speculative activities.

12. Income from House Property

Clause 26(4) and Section 28 Explanation 3 exclude income from letting out residential property from business income. The provisions are aligned, ensuring consistency in property income treatment.

Practical Implications

The introduction of Clause 26 in the Income Tax Bill, 2025, has several practical implications for businesses and professionals. The refined definitions and inclusions aim to reduce ambiguities and enhance compliance. Businesses may need to reassess their accounting practices, especially concerning export incentives and non-monetary benefits. The alignment with international agreements, such as the Montreal Protocol, reflects a move towards global tax compliance standards.

Comparative Analysis

Clause 26 of the Income Tax Bill, 2025, and Section 28 of the Income-tax Act, 1961, share several similarities, reflecting a continuity in the taxation framework for business income. However, Clause 26 introduces refinements and clarifications that address modern business practices and international agreements. The shift in terminology, such as "tax year," may have implications for accounting periods and fiscal planning. The consolidation of export incentives and explicit exclusions for non-compete agreements demonstrate an effort to streamline and clarify the tax code.

Conclusion

Clause 26 of the Income Tax Bill, 2025, represents a significant step towards modernizing the taxation of business income in India. While maintaining the essence of Section 28 of the Income-tax Act, 1961, it introduces necessary refinements to align with contemporary business practices and international standards. Businesses and professionals must stay informed about these changes to ensure compliance and optimize their tax strategies. Future developments may focus on further clarifications and adjustments to address any emerging issues in the implementation of Clause 26.

 


Full Text:

Clause 26 Income under head "Profits and gains of business or profession"

Topics

Acts Income Tax