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 ✕
🔎 Filters / Advanced Search ❯
TEXT

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 Bills
    Amendment of provisions of TDS on sale of immovable property (WIDENING AND DEEPENING OF TAX BASE AND...
    News Bills
    Tax Deduction at source on Floating Rate Savings (Taxable) Bonds (FRSB) 2020 (WIDENING AND DEEPENING...
    News Bills
    Preventing misuse of deductions of expenses claimed by life insurance business (WIDENING AND DEEPENI...
    News Bills
    Inclusion of taxes withheld outside India for purposes of calculating total income (WIDENING AND DEE...
    News Bills
    Excluding sums paid under section 194J from section 194C (Payments to Contractors) (WIDENING AND DEE...
    News Bills
    Disallowance of settlement amounts being paid to settle contraventions (WIDENING AND DEEPENING OF TA...
    News Bills
    Amendment of Section 55 of the Act (WIDENING AND DEEPENING OF TAX BASE AND ANTI-AVOIDANCE)
    News Bills
    Direct Tax Vivad se Vishwas Scheme, 2024 (TAX ADMINISTRATION)
    News Bills
    Amendment of provisions related to Equalisation Levy (TAX ADMINISTRATION)
    News Bills
    Amendments in section 42 and 43 of the Black Money Act, 2015 relating to penalty for failure to disc...
    News Bills
    Amendments proposed in section 276B of the Act for rationalisation of provisions (TAX ADMINISTRATION...
    News Bills
    Reducing time limitation for orders deeming any person to be assessee in default (TAX ADMINISTRATION...
    News Bills
    Widening ambit of section 200A of the Act for processing of statements other than those filed by ded...
    News Bills
    Extending the scope for lower deduction / collection certificate of tax at source (TAX ADMINISTRATIO...
    News Bills
    ​​​​​​​Notification of certain persons or class of persons...
    News Bills
    Time limit to file correction statement in respect of TDS/ TCS statements (TAX ADMINISTRATION)
    News Bills
    Penalty for failure to furnish statements (TAX ADMINISTRATION)
    News Bills
    Submission of statement by liaison office of non-resident in India (TAX ADMINISTRATION)
    News Bills
    Determination of Arms Length Price in respect of specified domestic transactions in proceedings befo...
    News Bills
    Discontinuation of the provisions allowing quoting of Aadhaar Enrolment ID in place of Aadhaar numbe...
❮
❯
❯❯
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 Bills
Show AI Summary
TDS on immovable property transfers: aggregate consideration across parties triggers deduction, curbing avoidance by splitting payments.
Amendment clarifies that for deduction under section 194-IA the consideration, and thus the threshold exemption and deduction obligation, is the aggregate amount paid or payable where more than one transferor or transferee is involved, countering treatment of individual buyer payments in isolation and addressing related tax avoidance.
News Bills
Show AI Summary
Tax deduction at source on interest payments for floating rate savings bonds now applies, expanding the tax base and anti-avoidance.
Amendment to Section 193 mandates deduction of tax at source at the time of payment of interest to residents where interest exceeds the prescribed threshold, specifically covering Floating Rate Savings (Taxable) Bonds (FRSB) 2020 and any Central or State Government security as may be specified by the Central Government; the amendment is effective from 1 October 2024.
News Bills
Show AI Summary
Non admissible business expenses: added back to life insurance profits, tightening deductions from assessment year 2025-26.
Amendment to Rule 2 of the First Schedule mandates that any expenditure not admissible under section 37 shall be included (added back) to the profits and gains of life insurance business, supplementing the actuarial surplus based computation and preventing misuse of deductions. The change takes effect from 1 April 2025 and applies from assessment year 2025 26.
News Bills
Show AI Summary
Inclusion of foreign tax withheld amounts as deemed income to align income computation with foreign tax credit claims.
Proposed amendment deems amounts deducted under Chapter XVII-B and income tax paid outside India by way of deduction, where credit is allowed against tax payable under the Act, to be income received for computing an assessee's total income, preventing under reporting and double benefit from foreign tax credits.
News Bills
Show AI Summary
Exclusion of professional fees from contractor TDS rules clarifies which payments require withholding under professional services provisions.
The amendment expressly excludes sums covered by section 194J from the definition of "work" in the Explanation to section 194C, removing overlap where payments for professional or technical services could otherwise be taxed as contractor payments; the change is framed as an anti avoidance clarification and takes effect from 1st October 2024.
News Bills
Show AI Summary
Deductibility of settlement payments excluded, preventing business expense claims for amounts paid to settle contraventions under notified laws.
The amendment clarifies that expenditure incurred to settle proceedings relating to a contravention under any law, as notified by the Central Government, falls within the definition of expenditure "for any purpose which is an offence or which is prohibited by law" and therefore shall not be allowable as a deduction for business or profession.
News Bills
Show AI Summary
Fair market value determination clarified for offer for sale shares listed after transfer, enabling computation of cost of acquisition.
Amendment extends the Explanation for computing fair market value to include equity shares sold under an offer for sale in an IPO that were unlisted on 31 January 2018 or at acquisition but listed subsequent to transfer; FMV is to be determined by applying the Cost Inflation Index proportion between 2017-18 and the first year of holding (or 2001-02 baseline) to the cost of acquisition, and the change is retrospective to 1 April 2018.
News Bills
Show AI Summary
Vivad se Vishwas scheme proposed to settle direct tax disputes and reduce CIT(A) litigation backlog.
Introduction of a Direct Tax Vivad se Vishwas Scheme, 2024 to enable settlement of disputed direct tax issues pending at appellate levels, particularly at Commissioner of Income-tax (Appeals), to reduce litigation and expedite disposal. The proposal, prompted by the prior Direct Tax Vivaad Se Vishwas Act, 2020 and rising appeal pendency, will commence and conclude on dates to be notified by the Central Government and is set out in clauses 88 to 99 of the Finance (No.2) Bill, 2024.
News Bills
Show AI Summary
Equalisation levy inapplicable to consideration for e commerce supply or services, reinstating exemption under section 10 and easing compliance.
The equalisation levy shall not apply to consideration received or receivable for e commerce supply or services on or after 1 August 2024. Income from e commerce supply or services made, provided or facilitated on or after 1 April 2020 but before 1 August 2024 shall be governed by clause (50) of section 10 of the Act, restoring its prior exemption framework where applicable. The exclusion for amounts effectively connected to a permanent establishment in India remains in force.
News Bills
Show AI Summary
Penalty exemption threshold for undisclosed foreign assets increased, reducing penalty exposure for small value foreign holdings.
Amendments to sections 42 and 43 of the Black Money Act reinforce resident reporting obligations for foreign assets and income and confirm that failure to disclose may attract a penalty under section 42 or 43. The Finance Bill proposes raising the proviso exemption for low value assets (other than immovable property) so the sections will not apply where the aggregate value of such assets does not exceed a revised threshold, addressing stakeholder concerns that the prior threshold led to penalties disproportionate to asset value.
News Bills
Show AI Summary
Prosecution exemption for TDS: specified deductors spared if quarterly TDS is paid by the filing deadline, new Finance Bill rule.
The amendment exempts a person from prosecution for failure to pay tax deducted at source where the tax for a quarter is paid to the credit of the Central Government on or before the time prescribed for filing the quarterly statement under the Act, thereby creating a temporal safe harbour tied to the statutory filing deadline.
News Bills
Show AI Summary
Time limit for deeming assessee in default reduced to six years for deduction and collection; correction statement extends limitation.
Amendments to section 201 and insertion of sub section (7A) in section 206C impose a uniform limitation: no order deeming a person an assessee in default shall be made after six years from the end of the financial year in which payment/credit occurred or tax was collectible, or two years from the end of the financial year in which a correction statement is delivered, whichever is later; effective 1 April 2025.
News Bills
Show AI Summary
Expanded TDS statement processing allows tax board to scheme for processing statements filed by non-deductors.
Amendment expands the scope of Section 200A to permit the Board to make a scheme for processing statements of tax deduction or correction statements filed by persons other than the deductor, addressing filings like exchange-submitted statements where the deductee provides tax details, with effect from the first day of April, 2025.
News Bills
Show AI Summary
Lower deduction certificate extended to transactions under 194Q and 206C(1H) to reduce overlapping withholding and collection burdens.
The proposal amends subsection (1) of section 197 and subsection (9) of section 206C to include the buyer-side withholding provision and the seller-side collection provision within the scope of a lower deduction/collection certificate, allowing taxpayers to seek reduced withholding or collection rates to address blocked funds, refund processes, and overlapping compliance obligations.
News Bills
Show AI Summary
TCS exemption to allow no or lower collection from notified exempt persons, easing compliance for tax exempt entities.
The Central Government is empowered to notify, in the Official Gazette, persons or classes of persons-including institutions, associations or bodies-for whom no TCS shall be collected or for whom TCS shall be collected at a lower rate in respect of specified transactions; this addresses cases where entities with tax-exempt income and no return-filing obligation nonetheless face TCS, and the amendment prescribes a prospective commencement for the relief.
News Bills
Show AI Summary
Time limit for correction statements: limits post filing revisions of TDS/TCS statements, imposing multi year finality to filings.
Imposes a six year cut off for delivering correction statements for TDS and TCS: no correction statement may be delivered after six years from the end of the financial year in which the original statement was delivered, thereby providing finality to TDS/TCS filings and preventing indefinite post filing revisions.
News Bills
Show AI Summary
Penalty for failure to furnish statements: shortened compliance window limits penalty relief after late TDS/TCS filing.
The penalty provision for failure to furnish TDS/TCS statements is amended so that no penalty applies only if, after paying TDS/TCS with fees and interest to the Central Government, the person files the TDS/TCS statement within a shortened compliance period measured from the time prescribed for furnishing such statement.
News Bills
Show AI Summary
Furnishing obligation for liaison offices: late filing draws daily penalty with a capped alternative and reasonable cause defence.
Non-resident liaison offices must furnish an annual statement of activities within a period to be prescribed by Rules. Failure to furnish will attract a penalty of one thousand rupees per day where the default does not exceed three months, and one lakh rupees otherwise, subject to relief if the assessee proves reasonable cause; the amendment is prospective and adjusts penalty provisions in the compliance framework.
News Bills
Show AI Summary
Determination of Arm's Length Price expanded to include unreported specified domestic transactions by the Transfer Pricing Officer.
The amendment enables the Transfer Pricing Officer to determine and compute the Arm's Length Price for specified domestic transactions that were not referred by the Assessing Officer or not disclosed in the taxpayer's transfer pricing audit report, extending to SDTs the existing procedural powers previously available only for international transactions; the change takes effect from 1 April 2025 and applies to the relevant assessment year and subsequent years.
News Bills
Show AI Summary
Aadhaar Enrolment ID discontinuation removes enrolment id use for PAN and returns, requiring affected PAN holders to intimate Aadhaar.
The proviso allowing quoting of an Aadhaar Enrolment ID instead of an Aadhaar number for PAN allotment and income tax returns is proposed to be discontinued effective 1 October 2024 because expanded Aadhaar coverage makes the enrolment ID option a risk for PAN duplication and misuse; persons allotted PAN using an Enrolment ID must intimate their Aadhaar number by a notified date.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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