Just a moment...

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 characters0/2000
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.
RelevanceDefaultDate
    Evolution of Executive Scheme-Making Powers in Indian Income Tax Law : Clause 532 of the Income Tax ...
    Withdrawal of Statutory Approvals under Indian Income Tax Law : Clause 529 of the Income Tax Bill, 2...
    Legal Perspectives on Condonation of Delay in Income Tax Approvals : Clause 528 of Income Tax Bill, ...
    Executive Discretion and Tax Incentives in India's Mineral Oil Sector : Clause 527 of the Income Tax...
    Immunity and Jurisdictional Bar in Tax Administration : Clause 526 of the Income Tax Bill, 2025 Vs. ...
    Authorisation and Assessment in Multi-Person Search Cases : Clause 525 of the Income Tax Bill, 2025 ...
    Rebuttable Presumptions in Tax Searches : Clause 524 of the Income Tax Bill, 2025 Vs. Section 292C o...
    Deeming Service of Notice in Tax Proceedings Under Income Tax Law : Clause 523 of the Income Tax Bil...
    Technicalities vs. Substantive Justice : Clause 522 of the Income Tax Bill, 2025 Vs. Section 292B of...
    Exclusion of Probationary Relief for Tax Offenders : Clause 521 of the Income Tax Bill, 2025 Vs. Sec...
    Jurisdictional Thresholds for Tax Offence Trials : Clause 520 of the Income Tax Bill, 2025 Vs. Secti...
    Immunity from Prosecution under Income Tax Law : Clause 519 of the Income Tax Bill, 2025 Vs. Section...
    Practical Impact of Indemnity Provisions in Indian Tax Statutes : Clause 518 of the Income Tax Bill,...
    Legal Mandate for Receipts in Indian Tax Law : Clause 517 of the Income Tax Bill, 2025 Vs. Section 2...
    Evolution of Rounding Off Provisions regarding tax payable in Indian Tax Law : Clause 516 of the Inc...
    Legal Framework of Rounding Off Total Income in India tax Law : Clause 516 of the Income Tax Bill, 2...
    The Right of Representation in Income Tax Proceedings : Clause 515 of the Income Tax Bill, 2025 Vs. ...
    Analysis of Registered Valuer Representation in Income Tax Proceedings : Clause 513 of the Income Ta...
    Public Disclosure of Tax Offenders : Clause 512 of the Income Tax Bill, 2025 Vs. Section 287 of the ...
    Legal Framework for International Group Reporting : Clause 511 of the Income Tax Bill, 2025 Vs. Sect...
❯❯
MaximizeMaximizeMaximize
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 SummariesHide All Summaries
    Act RulesBills
    Show AI Summary
    Power to frame schemes expands executive authority to enable faceless, technology-driven tax administration and modify statutory application.
    Clause 532 grants the Central Government authority to make schemes for any purpose of the Act to enhance efficiency, transparency and accountability by eliminating taxpayer interface and optimising resources, and to issue notifications modifying the application of any provision of the Act to give effect to such schemes; it also permits amendment of schemes under the Income-tax Act, 1961 and requires that notifications be laid before each House of Parliament.
    Act RulesBills
    Show AI Summary
    Withdrawal of approvals: authorities may rescind statutory tax approvals after recording reasons and giving a fair hearing.
    Clause 529 authorises the Central Government, the Board, or income-tax authorities to withdraw any approval under the Act at any time after recording reasons and giving the assessee a reasonable opportunity of being heard, even if the enabling provision lacks an express withdrawal clause. The provision mandates recorded reasons and a hearing but leaves "approval" undefined, does not specify substantive grounds for withdrawal, and does not prescribe a limitation period, which may raise uncertainty and prompt judicial scrutiny of procedural adequacy.
    Act RulesBills
    Show AI Summary
    Condonation of delay: authority may excuse late tax approvals for sufficient cause, subject to discretionary review and safeguards.
    Clause 528 permits the Central Government or the Board to condone delays in obtaining approvals required before a specified date under the Act for "sufficient cause," vesting discretionary power in the same authority to excuse late applications across a broad range of approvals while leaving "sufficient cause," procedural steps, time limits and appeal mechanisms undefined.
    Act RulesBills
    Show AI Summary
    Executive discretion in tax exemptions for mineral oil sector enables tailored fiscal relief to investors and service providers.
    Clause 527 vests the Central Government with discretionary power to grant exemptions, reductions or other modifications in income tax for persons engaged in prospecting, extraction or production of mineral oils, including operators, service providers, suppliers and their employees; notifications must be laid before Parliament and key terms like "mineral oil" and "status" are defined or cross referenced in the Bill.
    Act RulesBills
    Show AI Summary
    Bar on civil suits prevents civil court challenges to tax proceedings, preserving exclusive statutory remedies and good faith immunity.
    The provision bars any civil suit to set aside or modify "any proceeding taken or order made" under the Act and grants immunity to the Government and its officers for acts done or intended to be done in good faith, channeling challenges to the statutory appellate and revisionary framework while preserving writ review for ultra vires, mala fide, or constitutional breaches.
    Act RulesBills
    Show AI Summary
    Authorisation for multi-person searches: single authorisations allowed, but assessments must be made separately for each person.
    Clause 525 permits a single search or requisition authorisation to name multiple persons without requiring separate instruments, and provides that such joint naming does not, by itself, constitute authorisation against an AOP or BOI. Notwithstanding a consolidated authorisation, assessment or reassessment must be made separately in the name of each person mentioned, preserving individualized tax liability determinations while allowing administrative consolidation of search procedures.
    Act RulesBills
    Show AI Summary
    Rebuttable presumption in tax searches shifts evidentiary burden to taxpayers and explicitly covers virtual digital assets.
    Clause 524 establishes a rebuttable presumption that items found in search or survey-books, documents, money, bullion, jewellery, other valuables and virtual digital assets-belong to the person in whose possession they were found; that contents of books and documents are true; that signatures and handwriting are authentic; and that stamped, executed or attested documents were duly executed, with identical presumptions applying to items requisitioned to officers as if discovered in a search.
    Act RulesBills
    Show AI Summary
    Deeming validity of notice: participation or cooperation bars later objections unless raised before assessment completion.
    Clause 523 creates a deeming fiction that an assessee's appearance in proceedings or co-operation in an inquiry shall be treated as valid and timely service of any statutory notice, and it precludes the assessee from later objecting that the notice was not served, not timely served, or served improperly; however, this preclusion does not apply where the assessee raises the objection before completion of the assessment or reassessment.
    Act RulesBills
    Show AI Summary
    Substantial compliance preserves tax proceedings despite minor procedural errors when the instrument fulfils legislative intent.
    Clause 522 preserves the validity of returns, assessments, notices, summonses and other proceedings despite clerical, typographical or similar procedural defects, provided the document or action is in substance and effect in conformity with the intent and purposes of the Act; it does not cure defects that go to jurisdiction, authority, limitation, or breaches of natural justice, and mirrors Section 292B to maintain continuity of judicial interpretation and application.
    Act RulesBills
    Show AI Summary
    Exclusion of probationary relief bars adult tax offenders from probationary provisions, preserving minors' exception and updating criminal code reference.
    The clause mandates that the Probation of Offenders Act and the analogous provision in the new criminal procedure code shall not apply to persons convicted under the Income Tax Bill, 2025, except for those under eighteen, thereby removing judicial discretion for adult tax offenders, updating statutory references, and preserving a minors' exception while raising procedural questions on age determination and scope.
    Act RulesBills
    Show AI Summary
    Jurisdictional threshold: income tax offences must be tried by a Judicial Magistrate of the first class, altering forum nomenclature.
    Clause 520 mandates that no court inferior to a Judicial Magistrate of the first class shall try any offence under the Income Tax Bill, 2025, creating a uniform jurisdictional threshold for all tax offences. The provision modernizes terminology compared with Section 292 of the 1961 Act by omitting presidency magistrates, aligning with the CrPC framework and metropolitan magistrates' equivalence, while leaving potential ambiguities about special statute courts and transitional application. Its practical effect is to require complaints be filed before competent magistrates and to enable jurisdictional challenges where proceedings are instituted in inferior forums.
    Act RulesBills
    Show AI Summary
    Immunity from prosecution: conditional grants require full and true disclosure and are revocable if falsehood or concealment is found.
    Immunity from prosecution allows the Central Government to grant discretionary, conditional immunity to persons concerned in concealment of income or tax evasion in exchange for a full and true disclosure, with written reasons required for the grant; acceptance limits prosecution and penalty to the scope specified, while failure to fully comply permits the government to record a finding and withdraw immunity, rendering the person liable to trial and penalty as if immunity had never been granted.
    Act RulesBills
    Show AI Summary
    Indemnity for withholding agents protects deductors from civil claims when acting lawfully under the tax statute.
    Clause 518 of the Income Tax Bill, 2025 provides a statutory indemnity for persons who deduct, retain, or pay tax in pursuance of the tax statute in respect of income belonging to another person, serving as a defence against civil claims by the income recipient where the agent acts lawfully; the protection is conditional on actions being within the scope of the statute and leaves unresolved issues about consequential losses, claim procedures, and interaction with other legal remedies.
    Act RulesBills
    Show AI Summary
    Receipt obligation: mandatory issuance of receipts for any tax money paid or recovered, securing payment evidence and taxpayer protection.
    The provision mandates that a receipt shall be given for any money paid or recovered under the Income Tax Bill, 2025, covering voluntary payments and enforced recoveries under the Act. The clause is mandatory but silent on form, content, timing, issuing authority, mode of delivery, and consequences for non-issuance; subordinated rules and administrative practice-including electronic acknowledgments-are expected to fill these operational gaps. The receipt serves as an acknowledgement and evidentiary record rather than an automatic discharge of liability.
    Act RulesBills
    Show AI Summary
    Rounding off rules: ignore paise then round to nearest ten rupees, making the rounded figure legally operative.
    The provision applies rounding to computed total income and to amounts payable or refundable by first ignoring paise and then rounding the rupee amount to the nearest multiple of ten rupees-rounding up where the units digit is five or more and rounding down where it is less than five-and declares the rounded amount to be the deemed operative total income or amount payable or refundable for all purposes under the Act.
    Act RulesBills
    Show AI Summary
    Rounding of tax amounts: unified rule mandates nearest multiple rounding for total income, payable and refundable amounts.
    Clause 516 prescribes a mandatory two-step rounding mechanism: ignore any paise, then round the rupee amount to the nearest multiple of ten-rounding up if the last digit is five or more and down if less than five-and deems the rounded figure to be the amount of total income, amount payable, or amount refundable for all purposes under the Act.
    Act RulesBills
    Show AI Summary
    Right of representation: statutory authorisation and disqualification framework balancing access to representation with safeguards.
    The statute permits an assessee to appear by an authorised representative across all proceedings while preserving mandatory personal attendance for oath examination; it defines eligible representatives (including professionals, bank officers, relatives, legacy practitioners and any persons as prescribed), enumerates exhaustive exclusions and disqualifications to prevent conflicts of interest, distinguishes disciplinary regimes for professionals and nonprofessionals (with Rule 52 designating prescribed tax authorities to disqualify nonprofessionals), and mandates procedural safeguards including a hearing and appeal mechanism, while carrying forward prior disqualifications.
    Act RulesBills
    Show AI Summary
    Registered valuer representation enables technical valuation expertise in tax proceedings, subject to personal-examination exception and updated registration framework.
    Clause 513 grants an assessee the discretionary right to attend valuation-related proceedings before income-tax authorities or the Appellate Tribunal through a "registered valuer," excludes cases where personal attendance is required for examination on oath or affirmation, and defines "registered valuer" by reference to section 514 of the Bill, thereby creating a self-contained regime that modernizes registration, oversight, and professional standards for valuers.
    Act RulesBills
    Show AI Summary
    Public disclosure of tax offenders can deter non-compliance while imposing reputational consequences under discretionary publication powers.
    Clause 512 empowers the Central Government to publish names and particulars of assessees when it considers such publication necessary or expedient in the public interest, subject to a safeguard that penalty-related publication await exhaustion or non-pursuit of appellate remedies, and permits publication of partners, directors and other associated persons if circumstances justify it. The clause modernises language and cross-references from Section 287 of the 1961 Act while preserving substantive continuity, raising interpretive concerns about the breadth of "particulars" and the subjectivity of "public interest."
    Act RulesBills
    Show AI Summary
    Country-by-Country reporting requires multinational groups to submit consolidated jurisdictional tax and economic data for risk assessment.
    Clause 511 mandates Country-by-Country (CbC) reporting by parent entities or alternate reporting entities resident in India and requires Indian constituent entities to notify the tax authority of the parent or ARE. It prescribes report contents-aggregate jurisdictional financial and economic indicators, constituent identification, and business activities-provides a secondary filing route where the parent's jurisdiction lacks filing or exchange, allows designation of a single Indian filer, sets a revenue threshold for applicability, and grants verification powers to the authority, with procedural details to be prescribed.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Tax incentives to individuals who are enrolled in the Agnipath Scheme : Clause 125 of the Income Tax Bill, 2025 Vs. Section 80CCH of the Income Tax Act, 1961

      15 April, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Clause 125 Deduction in respect of contribution to Agnipath Scheme.

      Income Tax Bill, 2025

      Introduction

      Clause 125 of the Income Tax Bill, 2025, introduces a deduction for contributions made to the Agnipath Scheme, specifically to the Agniveer Corpus Fund. This provision aims to provide tax incentives to individuals who are enrolled in the Agnipath Scheme, a recruitment initiative for the Indian Armed Forces. The provision is significant as it reflects the government's commitment to supporting military personnel through tax benefits, thereby encouraging participation in the scheme. The Agnipath Scheme, introduced by the Ministry of Defence, is a strategic move to bolster military recruitment and retention by offering financial incentives. Section 80CCH of the Income Tax Act, 1961, which was inserted by the Finance Act, 2023, mirrors Clause 125 in its intent and provisions. Both aim to offer tax deductions for contributions to the Agniveer Corpus Fund, thereby promoting the scheme and providing financial relief to the participants. This commentary will provide a detailed analysis of Clause 125 and compare it with Section 80CCH, highlighting similarities, differences, and potential implications for taxpayers and the government.

      Objective and Purpose

      The primary objective of Clause 125 is to provide a tax deduction to individuals contributing to the Agniveer Corpus Fund under the Agnipath Scheme. This deduction serves multiple purposes:

      1. Encouragement of Enrolment: By offering a tax deduction, the government aims to incentivize individuals to enroll in the Agnipath Scheme, thereby ensuring a steady influx of personnel into the Indian Armed Forces.

      2. Financial Support: The provision aims to provide financial support to Agniveers by reducing their taxable income, thereby increasing their disposable income.

      3. Promotion of Long-term Savings: The Agniveer Corpus Fund is designed to accumulate contributions over time, with matching contributions from the government. This promotes long-term savings among military personnel. The legislative intent behind this provision is to strengthen national security by ensuring a robust recruitment pipeline for the armed forces while simultaneously providing financial incentives to participants.

      Detailed Analysis

      Clause 125 of the Income Tax Bill, 2025

      Clause 125 is structured to provide deductions based on contributions made by both the individual and the government to the Agniveer Corpus Fund. The key components of Clause 125 are:

      1. Eligibility: The deduction is available to individuals who are enrolled in the Agnipath Scheme and who contribute to the Agniveer Corpus Fund on or after November 1, 2022.

      2. Deduction for Individual Contributions: Sub-section (1) allows for a deduction of the entire amount paid or deposited by the individual in their account in the Agniveer Corpus Fund during the tax year.

      3. Deduction for Government Contributions: Sub-section (2) provides for a deduction of the entire amount contributed by the Central Government to the individual's account in the Agniveer Corpus Fund.

      4. Definitions: Sub-section (3) provides definitions for "Agnipath Scheme" and "Agniveer Corpus Fund," establishing the framework within which the deductions are applicable.

      Comparative Analysis withSection 80CCH of the Income Tax Act, 1961

      Section 80CCH, as inserted by the Finance Act, 2023, is structurally and substantively similar to Clause 125. However, there are nuances worth noting:

      1. Structural Similarity: Both provisions offer deductions for contributions made by the individual and the government to the Agniveer Corpus Fund. The language and structure of both provisions are nearly identical, reflecting a direct legislative intent to maintain consistency.

      2. Effective Dates: While Clause 125 is part of a proposed bill for 2025, Section 80CCH was made effective from April 1, 2023. This temporal difference may have implications for taxpayers in terms of planning and compliance.

      3. Legislative Context: Section 80CCH is part of the existing Income Tax Act, 1961, which is a well-established legal framework. Clause 125, being part of a new bill, reflects potential legislative updates or adjustments that may be considered necessary by the government.

      4. Implications for Taxpayers: Both provisions aim to provide financial relief to Agniveers by reducing their taxable income. The similarity in provisions ensures that individuals are not disadvantaged by legislative changes and can consistently plan their finances.

      Practical Implications

      The introduction of Clause 125 and the existing Section 80CCH have several practical implications for stakeholders:

      1. For Individuals: Agniveers can benefit from reduced taxable income, leading to increased disposable income. This can enhance financial security and promote savings.

      2. For the Government: The provisions support the government's recruitment strategy for the armed forces by providing financial incentives. This can lead to increased enrolment in the Agnipath Scheme.

      3. Compliance and Administration: Taxpayers will need to maintain records of contributions to the Agniveer Corpus Fund to claim deductions. The government will need to ensure that the administrative framework supports the seamless implementation of these provisions.

      4. Policy Considerations: These provisions reflect a policy decision to integrate tax incentives with national security objectives. This alignment of fiscal policy with defense strategy underscores the government's commitment to both economic and security goals.

      Conclusion

      Clause 125 of the Income Tax Bill, 2025, and Section 80CCH of the Income Tax Act, 1961, represent significant legislative efforts to support the Agnipath Scheme through tax incentives. By providing deductions for contributions to the Agniveer Corpus Fund, these provisions aim to enhance the financial well-being of military personnel while promoting long-term savings. The structural and substantive similarities between the two provisions ensure consistency and predictability for taxpayers, facilitating compliance and financial planning. The successful implementation of these provisions will depend on effective administration and awareness among stakeholders. As the government continues to refine its recruitment and retention strategies for the armed forces, these tax incentives will play a crucial role in achieving national security objectives.


      Full Text:

      Clause 125 Deduction in respect of contribution to Agnipath Scheme.

      Topics

      ActsIncome Tax