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
    News Bill
    Taxation of buyback of shares
    News Bill
    No tax to de deducted at source in respect of interest income credited or paid to any co-operative s...
    News Bill
    AMENDMENT TO THE CUSTOMS ACT, 1962
    News Bill
    AMENDMENTS TO THE CUSTOMS TARIFF ACT, 1975
    News Bill
    AMENDMENT TO RULES UNDER CUSTOMS ACT, 1962
    News Bill
    OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS
    News Bill
    OTHER CHANGES PROPOSED IN THE CUSTOM NOTIFICATIONS
    News Bill
    REVIEW OF CUSTOMS DUTY EXEMPTIONS
    News Bill
    Review of exemptions prescribed by other notifications.
    News Bill
    SOCIAL WELFARE SURCHARGE (SWS)
    News Bill
    AGRICULTURE INFRASTRUCTURE AND DEVELOPMENT CESS (AIDC)
    News Bill
    AMENDMENT TO SEVENTH SCHEDULE TO THE FINANCE ACT, 2001
    News Bill
    EXEMPTION FROM CENTRAL EXCISE DUTY ON VALUE OF BIOGAS/COMPRESSED BIOGAS (CBG) CONTAINED IN BLENDED C...
    News Bill
    DEFERMENT OF DATE OF IMPLEMENTATION OF HIGHER EXCISE DUTY ON SALE OF UNBLENDED DIESEL
    News Bill
    AMENDMENTS IN THE CGST ACT, 2017
    News Bill
    AMENDMENTS IN THE IGST ACT, 2017
    Intermediary Services Under Section 2(13) of the IGST Act and Export of Services Under Section 2(6):...
    Distinction Between Setting Aside an Illegal Bail Order and Cancellation of Bail: Revisional Scrutin...
    Case Laws Income Tax
    Section 153C (Finance Act, 2015) and Third-Party Search Assessments: Interplay of Belongs To and Per...
    Case Laws Income Tax
    Effect of Section 92CA(1) Reference on Assessment Limitation: Application of Section 153(4) in Trans...
❯❯
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
News Bill
Show AI Summary
Taxation of share buybacks reclassified as capital gains; higher tax rates apply to promoters and promoter companies.
Consideration received on buy-back of shares is recharacterised from dividend income to taxable capital gains, with cost of acquisition of extinguished shares remaining separately recognised. Promoters will face an effective tax liability of thirty per cent on buy-back gains (tax at applicable rates plus an additional tax) and promoter companies will face an effective tax liability of twenty-two per cent. These amendments apply from the first day of the relevant financial year and to the tax year 2026-27 and subsequent years.
News Bill
Show AI Summary
Interest paid to co operative societies carrying on banking exempt from TDS under Finance Bill amendment effective April 1, 2026.
The Act is amended to align with the Income tax Act, 1961 by providing that deduction of tax at source shall not be made on interest income (other than interest on securities) credited or paid to any co operative society engaged in carrying on the business of banking, including a co operative land mortgage bank; the amendment takes effect from 1 April 2026.
News Bill
Show AI Summary
Indian-flagged fishing vessels beyond territorial waters get specific customs rules, including duty-free landing and entry procedures.
Amendments extend Customs Act jurisdiction for fishing activities beyond territorial waters, define Indian-flagged fishing vessel, and insert section 56A to permit duty free importation of fish harvested beyond territorial waters and to treat fish landed at foreign ports as exports while authorising rules on entry, declaration, custody, examination, assessment, clearance, transit and transhipment. Other amendments deem certain penalties a charge for non payment of duty, fix advance rulings' validity at five years with transitional extensions, allow removal of warehoused goods between warehouses without prior officer permission, and enable regulations for custody of imported or export bound goods.
News Bill
Show AI Summary
Customs tariff amendments adjust basic customs duty rates, create new tariff lines, and reclassify import items effective Feb-May 2026.
The First Schedule to the Customs Tariff Act, 1975 is amended to change Basic Customs Duty rates and to create new tariff items: immediate BCD increases effective 02.02.2026 (via provisional declaration), targeted BCD decreases effective 01.04.2026, and a comprehensive reclassification and rate migration from exemption notifications into the Tariff Act effective 01.05.2026, preserving applied duty levels while enabling better product identification and monitoring.
News Bill
Show AI Summary
Baggage rules updated; deferred import duty payments shifted to monthly for eligible importers, creating a new eligibility class.
The baggage regime is replaced by Baggage Rules, 2026 to clarify temporary carriage of goods, avoid unnecessary detention, and restructure Transfer of Residence benefits by duration of stay, effective 02.02.2026; deferred import duty payment frequency is changed from 15 days to monthly and a new class of eligible importers is created by amending the Deferred Payment of Import Duty Rules, 2016.
News Bill
Show AI Summary
Basic Customs Duty changes: several commodities moved to nil duty while potassium hydroxide sees a 7.5% levy increase.
Amendments to Basic Customs Duty effective 2 February 2026 alter duty incidence for specified imports: monazite, sodium antimonate for solar glass, nuclear power generation goods and control/burnable absorber rods, and specified microwave-oven manufacture components are moved to nil duty, while potassium hydroxide is newly subject to a 7.5% basic customs duty; consult the notification for full descriptions.
News Bill
Show AI Summary
Customs BCD exemptions extended to BESS, aircraft parts, nuclear projects, specified drugs and select critical minerals.
BCD exemptions are expanded to cover capital goods for Battery Energy Storage Systems and to extend relief for aircraft raw materials and components (including engines) for manufacture or maintenance when imported by defence Public Sector Units, subject to the IGCRS Rules, 2022 and an end use certificate from a Joint Secretary level officer. Exemptions for goods for specified Nuclear Power Projects are broadened irrespective of capacity and extended through 30.09.2035. Lists in the customs notification are updated to add medicines and rare diseases for personal import exemptions, and select critical mineral entries are being consolidated into the tariff with the prior notification to be rescinded.
News Bill
Show AI Summary
Customs duty exemptions: 102 conditional entries extended, 22 allowed to lapse, and select unconditional exemptions omitted.
A review of notification No. 45/2025 Customs extends validity of 102 conditional exemption/concessional BCD entries to 31.03.2028, allows 22 conditional entries to lapse on 31.03.2026, and omits specified unconditional exemptions effective 02.02.2026 so applicable BCD rates will apply from the First Schedule. The review also removes or prescribes sunset clauses, modifies certain entries (including mergers, description changes, and extended time limits), and incorporates some rates into the Tariff.
News Bill
Show AI Summary
Budget changes extend BCD exemptions for listed goods to March 31, 2028 and omit redundant notification entries.
Extension of certain BCD exemptions to 31.03.2028 is prescribed for specified notifications covering precious stones on approval/return basis, goods imported for execution of export orders for jobbing, copper products from reverts, and gold/silver from copper anode slime exported for toll smelting. One standalone exemption for castor oil cake manufactured in SEZs and brought to DTA lapses on 31.03.2026, and a notification exempting works of art and antiques for public exhibition is given a sunset date of 31.03.2028. Selected exemption entries in notification No. 36/2024-Customs are omitted effective 02.02.2026 as redundant, with BCD rates to operate via the First Schedule of the Customs Tariff Act, 1975.
News Bill
Show AI Summary
Social Welfare Surcharge changes extend specific customs exemptions, add SWS on personal-use imports, and exempt electronic toys.
Amendments to notification No. 11/2018-Customs consolidate and preserve SWS exemptions for specified graphite, quartz, silicon dioxide and related items; reassign concessional BCD for sub heading 2106 90 to the First Schedule while retaining SWS incidence; modify the spent catalyst/ash exemption description to remove a lapsed cross reference without altering exemption; impose SWS on all dutiable personal use imports under heading 9804; and exempt parts and goods under heading 9503 (electronic toys) from SWS.
News Bill
Show AI Summary
New aircraft rubber pneumatic tyres continue to attract 0.5% agriculture infrastructure and development cess from 02.02.2026.
New pneumatic tyres of rubber used on aircraft under tariff item 4011 30 00 will continue to attract a 0.5% Agriculture Infrastructure and Development Cess. The notification entry is amended to omit reference to a removed exemption entry with effect from 02.02.2026, without changing the 0.5% AIDC rate for these goods (other than those with nil basic customs duty).
News Bill
Show AI Summary
Chewing and related tobacco NCCD schedule rates raised to 60% from May 1, 2026, while effective rate stays 25%.
Seventh Schedule to the Finance Act, 2001 is amended to raise NCCD rates from 25% to 60% for HS 2403 99 10 (chewing tobacco), HS 2403 99 30 (jarda scented tobacco) and HS 2403 99 90 (other tobacco products including gutkha) effective 01.05.2026, while a notification will maintain the applied effective rate at 25%.
News Bill
Show AI Summary
Biogas/CBG in blended CNG: value and related taxes excluded from transaction value for central excise from 02.02.2026.
The value of Biogas/Compressed Biogas (CBG) contained in blended CNG, and the central, state, union territory or integrated taxes paid on that Biogas/CBG, are excluded from the transaction value for computing central excise duty on blended CNG; the exclusion is effected by amending the existing notification framework and takes effect from 02.02.2026, with the prior GST-only relief rescinded.
News Bill
Show AI Summary
Unblended diesel additional excise duty implementation deferred until 31.03.2028 by amendment to existing notification effective immediately.
The additional excise duty of Rs.2 per litre on unblended diesel is deferred until 31.03.2028 by amendment of Notification No. 11/2017 Central Excise through Notification No. 02/2026 Central Excise (01.02.2026), thereby postponing the levy of the higher duty on unblended diesel.
News Bill
Show AI Summary
Goods and Services Tax: amendments remove discount-agreement link, expand refund scope, and allow interim appellate authorities.
Amendments remove the requirement that a post-sale discount be linked to an agreement and prescribe issuance of a credit note under section 34 when input tax credit is reversed; section 34 is amended to reference section 15. Section 54 is amended to extend provisional refunds to inverted duty structure claims and to remove the sanction threshold for refunds on exported goods with tax paid. Section 101A gains sub-section (1A) allowing the Central Government to notify an existing authority or tribunal to hear appeals under section 101B pending the National Appellate Authority, with sub-sections (2)-(13) not applying where such empowerment occurs, effective 01.04.2026.
News Bill
Show AI Summary
Place of supply for intermediary services will follow the IGST Act default provision after omission of the specific clause.
The amendment omits clause (b) of sub section (8) of section 13 of the Integrated Goods and Services Tax Act, 2017 so that the place of supply for intermediary services will be determined by the default provision in section 13(2) of the IGST Act, aligning intermediary services with the Act's general place of supply framework.
Case Laws GST
Show AI Summary
Education consultancy commissions treated as exportable services, not intermediary services, where foreign institution is the contracting recipient.
The Court held that the intermediary test focuses on whether a person merely "arranges or facilitates" a supply, excluding those who supply on their own account; where agreements and consideration establish a principal-to-principal supply to foreign educational institutions, the services qualify as export of services and not intermediary services, making place of supply the recipient's location and supporting refund entitlement.
Case Laws GST
Show AI Summary
GST arrests: Court set aside bail premised on format defects where substantive compliance and no demonstrable prejudice existed.
The High Court held that a challenge to the legal sustainability of a bail order is distinct from cancellation for supervening conduct and, on the facts, found substantive compliance with CGST arrest safeguards (including authorisation recording reasons to believe and supply of arrest memo and grounds) and BNSS Sections 47-48 when assessed through a prejudice oriented test; absence of statutory headings or non enclosure of detailed grounds with the relative did not, without demonstrable prejudice, justify the magistrate's bail order, which was set aside and the bail bonds cancelled with liberty to apply afresh.
Case Laws Income Tax
Show AI Summary
Section 153C: amended trigger applies if seized material is received post amendment, widening third party assessment scope.
The substituted text widens the jurisdictional trigger for third party assessments from strict ownership to where books or documents "pertain to" or contain information that "relates to" the other person; the first proviso's deeming fiction makes the date of receipt of seized material by the other person's Assessing Officer the operative reference point, so if receipt, satisfaction and issuance of notice occur after the amendment, the amended provision governs, subject to the requirement of recorded satisfaction that the material bears on determination of total income.
Case Laws Income Tax
Show AI Summary
Transfer pricing assessments: outer statutory limitation governs final orders; DRP deadlines do not enlarge the overall limitation.
The tribunal permitted admission of additional legal grounds based on facts on record and held that the outer statutory limitation governs final assessments in eligible-assessee transfer pricing cases. The dispute-resolution procedural deadline requires prompt action after directions but does not enlarge the overall limitation; statutory extension available for transfer pricing references is to be applied to the outer limit, and external judicial limitation extensions do not extend the time for completing original assessments.

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