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 in the provisions of section 263 of the Act
    News Bills
    Amendment to sub-section (1A) of section 35
    News Bills
    Consequential Amendments
    News Bills
    Clarifying that application will be allowed only when its actually paid
    News Bills
    Voluntary Contributions for the renovation and repair of temples, mosques, gurudwaras, churches etc ...
    News Bills
    Taxation of certain income of the trusts or institutions under both the regimes at special rate
    News Bills
    Providing clarity on taxation in certain circumstances
    News Bills
    The provisions of section 115TD to apply to any trust or institution under the first regime.
    News Bills
    Bringing consistency in the provisions relating to payment to specified person
    News Bills
    Bringing consistency in the provisions of two exemption the regimes
    News Bills
    Reference to the Principal Commissioner or Commissioner (PCIT/CIT) for the cancellation of registrat...
    News Bills
    Penalty for passing on unreasonable benefits to trustee or specified persons
    News Bills
    Amendment in the provisions of section 179 of the Act
    News Bills
    Rationalization of the provisions of sections 271AAB, 271AAC and 271AAD of the Act
    News Bills
    Rationalization of provisions relating to assessment and reassessment
    News Bills
    Set off of loss in search cases - Amendment in the provisions of section 79A of the Act
    News Bills
    Amendment in Faceless Assessment under section 144B of the Act
    News Bills
    Faceless Schemes under the Act
    News Bills
    Similar amendment is proposed in Section 271C.
    News Bills
    Alignment of the provisions relating to Offences and Prosecutions under Chapter XXII of the Act
❮
❯
❯❯
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
Revision powers under section 263 expand to permit review of Transfer Pricing Officer orders with mandated implementation timelines.
Proposed amendments grant senior officers assigned transfer pricing jurisdiction power under section 263 to call for and examine TPO records and to revise TPO orders deemed erroneous and prejudicial to revenue. Section 153 is modified so subsections (3) and (5) apply to TPO orders, a new subsection (5A) obliges the Assessing Officer to modify assessments in conformity with a TPO order within two months of receipt, and related implementation provisions are extended to such orders.
News Bills
Show AI Summary
Deduction claimed by donor disallowed where donee fails to file statement of donations; amendment corrects drafting error.
The amendment corrects sub section (1A) of section 35 to provide that the deduction claimed by the donor for donations to specified research associations, educational institutions or companies shall be disallowed unless the donee files the required statement of donations, aligning the rule with section 80G and taking effect retrospectively from April 1, 2021.
News Bills
Show AI Summary
Approval authority for trusts changed to Principal Commissioner or Commissioner, replacing prescribed authority references and procedural filing locus.
Proposal to substitute references to the prescribed authority with Principal Commissioner or Commissioner in specified sub clauses and the nineteenth proviso of clause (23C) of section 10 to align textual references with the existing filing and approval regime for trust applications under the first regime; the amendment is corrective and consequential to prior 2020 changes.
News Bills
Show AI Summary
Application of income: amounts by trusts treated as applied only when actually paid, with an anti-duplication rule preventing later claims.
Explanatory provisions treat sums payable by trusts as application of income in the previous year in which such sums are actually paid, irrespective of when the liability arose under the trust's regular accounting method; a proviso bars treating a sum as applied in a later previous year if it has already been claimed as applied in an earlier year. The amendments apply prospectively to the assessment years following the implementation date.
News Bills
Show AI Summary
Voluntary renovation contributions may be treated as corpus if kept separate, used only for the specified purpose and properly invested.
Trusts or institutions may, at their option, treat voluntary contributions for renovation or repair of notified religious places as part of the corpus, subject to conditions: application only for the specified purpose, no onward donations, separate identification, and investment in forms and modes specified under subsection (5) of section 11; violation of any condition renders the sum deemed income of the year in which the breach occurs. Parallel explanatory provisions are proposed for clause (23C) of section 10. Amendments are proposed retrospective to 1 April 2021.
News Bills
Show AI Summary
Special-rate taxation of trust income under new provision: specified breach income taxed separately and no deductions allowed under the rule.
Proposed amendments subject defined categories of trust or institution income to a special rate by treating only the part of income improperly applied, invested, accumulated or attributed as taxable specified income; disallow deductions or set-offs against such specified income; deem unutilised accumulated sums to be taxable in the last year of accumulation; and define specified income to include excessive accumulations, deemed income under accumulation rules, income rendered non-exempt for impermissible investments or benefit transfers, and income attributable to beneficiaries.
News Bills
Show AI Summary
Deductible trust expenditure allowed when exemption denied, subject to prescribed conditions and exclusive tax treatment.
Proposed amendments allow deduction of revenue (non capital) expenditure for the objects of a trust or institution when exemption is denied for specified non compliances, subject to conditions: expenditure must not be from corpus as at the last day of the preceding financial year, not from any loan or borrowing, not involve depreciation for an asset whose acquisition was treated as application of income earlier, and not be a contribution or donation. Section 40 and 40A provisions apply mutatis mutandis to determine such expenditure, and no other deduction, allowance or set off shall be permitted for that expenditure.
News Bills
Show AI Summary
Exit tax on trusts extended to first regime entities, covering conversions, mergers and asset transfers under the amended provisions.
The Finance Bill proposes to extend Chapter XII-EB's exit tax provisions to trusts and institutions under the first regime by making Sections 115TD, 115TE and 115TF applicable to them, thereby subjecting conversions to non charitable status, mergers with non charitable or dissimilar charitable entities, and failures to transfer assets to a levy on accreted income; the amendment is effective from the commencement of the specified fiscal year and applies to subsequent assessment years.
News Bills
Show AI Summary
Payment to specified person: income applied for their benefit deemed their income, anti benefit rules extended to first regime trusts.
A proviso to clause (23C) of section 10 deems any income or property of a first regime trust applied for the benefit of a person in section 13(3) to be that person's income in the year of application; sections 13(2), (4) and (6) are made applicable to first regime trusts, aligning anti benefit and attribution rules across regimes.
News Bills
Show AI Summary
Accumulation provisions alignment: consistent tax treatment for accumulated charitable income with prescribed conditions and deemed income triggers.
The measure harmonises accumulation rules between the two exemption regimes by requiring a prescribed statement to the Assessing Officer, investment or deposit of accumulated funds in specified modes, and timely filing; it provides that accumulated income meeting these conditions is excluded from total income but will be deemed income of the last previous year of the accumulation period if misapplied, ceases to be invested as required, is not utilised within the stated period, or is credited or paid to another exempt trust or institution.
News Bills
Show AI Summary
Cancellation of charitable registration: Principal Commissioner empowered to inquire and cancel approvals within a prescribed decision period.
Amendments empower the Principal Commissioner or Commissioner to call for documents, inquire into and, after hearing, cancel or refuse to cancel registrations or approvals of trusts, institutions and similar entities on finding one or more specified violations (including misuse of income, non incidental business income without separate books, non genuine activities, preferential religious benefit, or final non compliance with other laws). Orders must be forwarded to the Assessing Officer and the entity, and a six month statutory deadline governs decision making from the quarter end in which the first notice is issued.
News Bills
Show AI Summary
Penalty for passing on unreasonable benefits: trusts face penalties equal to the benefit for first offences and greater penalties for repeat breaches.
The proposal inserts section 271AAE to penalise trusts or institutions that apply income for the benefit of trustees or specified persons: the Assessing Officer may impose a penalty equal to the aggregate amount so applied where the violation is first detected in a previous year, and a higher penalty where the violation is detected again in a subsequent previous year; this penalty is in addition to any other penalties under Chapter XXI and the amendments take effect for the relevant assessment year following enactment.
News Bills
Show AI Summary
Liability of directors of private company clarified as joint responsibility for tax, fees, interest and penalties if company recovery fails.
Amendment renames the section title to Liability of directors of private company to reflect that directors are jointly and severally liable where tax cannot be recovered from the company, clarifies that this liability is not conditional on liquidation, and expands the Explanation so that the expression "tax due" expressly includes fees alongside penalty, interest and other sums payable.
News Bills
Show AI Summary
Penalty authority expanded: Commissioner (Appeals) may now impose penalties for undisclosed income; per day penalty increased.
Amendments enable the Commissioner (Appeals) to levy penalties alongside the Assessing Officer for provisions targeting undisclosed income, unexplained credits or expenditures, and falsification or omission in books of account; and increase the per day penalty for failures to answer questions, sign statements, furnish information, returns or allow inspections to strengthen deterrence. These measures are to take effect from 1 April 2022.
News Bills
Show AI Summary
Assessment and reassessment procedures clarified, aligning search linked notices, limitation exclusions and officer level safeguards.
Proposed amendments streamline assessment and reassessment procedure by removing duplicate approval requirements for notices under section 148 where an order under section 148A(d) exists, correcting drafting errors in section 148 explanations, extending search/requisition consequences into assessments under sections 143(3), 144 and 147, prescribing officer level approval norms for post search orders, excluding a capped period from limitation where material is seized or requisitioned, and clarifying the meaning of information and threshold conditions for issuing section 148 notices.
News Bills
Show AI Summary
Undisclosed income set-off prohibited: losses and unabsorbed depreciation cannot be adjusted against income found by search or survey.
Section 79A prohibits set-off of any loss, whether brought forward or otherwise, and unabsorbed depreciation under sub section (2) of section 32 against undisclosed income discovered as a result of a search under section 132, requisition under section 132A, or survey under section 133A (excluding surveys under sub section (2A) of section 133A). "Undisclosed income" is defined to include money, valuables, books entries or transactions not recorded or not disclosed before the detection, and expense entries found to be false and revealed only because of the detection action.
News Bills
Show AI Summary
Faceless assessment process: centralised NaFAC-driven electronic workflow directing assessment, verification, technical review and dispute procedures.
The amendment centralises faceless assessment through a National Faceless Assessment Centre which assigns cases to Assessment Units and routes all notices, responses, verification requests and technical referrals electronically to Verification, Technical and Review Units; communications are authenticated by digital signature, electronic verification code or portal login and all internal exchanges occur via NaFAC with automated allocation and real time alerting.
News Bills
Show AI Summary
Faceless procedures expanded for transfer pricing, dispute resolution and tribunal appeals, after allowing stabilization and consultation.
Introduction of faceless procedures under specified direct tax sections (92CA, 144C, 253, 255) is deferred to allow IT system stabilization and Ministry of Law & Justice consultation; appellate procedures must align with tribunal procedure and non-assessment functions will follow phased faceless assessment workflows.
News Bills
Show AI Summary
Prosecution for failure to pay tax collected at source extended to mirror prosecution provisions for tax deducted at source.
The proposal brings offences for failure to pay tax collected at source into the same prosecution provisions that apply to failures to pay tax deducted at source by expressly including the statutory provision for non-payment of tax collected at source within those prosecution sections, on the basis of the similar nature of the offences; the amendment is to take effect from the stated commencement date.
News Bills
Show AI Summary
Sunset clause on historic prosecutions: prohibits initiation of fresh prosecutions under section 276AB from April 2022.
Amendments propose a sunset clause in section 276AB to bar initiation of fresh prosecutions after 1 April 2022 for offences connected with transfers of immovable property made in the period when Chapter XX-C had been rendered inapplicable, while permitting continuation of prosecutions already initiated; additionally, section 276B is to be amended to substitute its cross-reference with an explicit reference to the proviso to the withholding provision to remove ambiguity created by prior amendments.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Promoting Affordable Housing through deduction in respect of interest on loans : Clause 130 of the Income Tax bill, 2025 Vs. Section 80EE of the income Tax Act, 1961

16 April, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Clause 130 Deduction in respect of interest on loan taken for residential house property.

Income Tax Bill, 2025

Introduction

Clause 130 of the Income Tax Bill, 2025, is a statutory provision that addresses the deduction in respect of interest on loans taken for residential house property. This clause is part of a broader legislative framework aimed at providing tax relief to individuals investing in residential properties. The significance of this provision lies in its potential to encourage home ownership by offering financial incentives through tax deductions. It aligns with the government's policy objectives of promoting affordable housing and supporting the real estate sector. The provision is designed to ease the financial burden of interest payments on home loans, thereby making home ownership more accessible to individuals.

Objective and Purpose

The primary objective of Clause 130 is to provide a tax deduction on interest paid on loans taken for acquiring residential house property. The legislative intent behind this provision is to incentivize individuals to invest in residential properties by reducing the effective cost of borrowing. It reflects a policy consideration to promote housing as a fundamental need and a key component of economic development. Historically, similar provisions have been introduced to stimulate the housing market, boost construction activity, and provide a fillip to related industries. By offering tax benefits, the government aims to make housing more affordable and accessible, particularly for first-time homebuyers.

Detailed Analysis of Clause 130 of the Income Tax Bill, 2025

1. Eligibility and Scope: Clause 130 applies to individuals who have taken loans from financial institutions for the purpose of acquiring residential house property. The term "financial institution" is defined to include banking companies, banks, or housing finance companies registered in India. This broad definition ensures that a wide range of lending institutions are covered, thereby providing flexibility to borrowers.

2. Quantum of Deduction: The clause allows a deduction of up to fifty thousand rupees on the interest payable on such loans. This deduction is available in computing the total income of the individual for the tax year beginning on April 1, 2016, and subsequent years. The fixed cap on the deduction ensures that the benefit is targeted towards individuals with moderate loan amounts, aligning with the objective of promoting affordable housing.

3. Conditions for Deduction: Several conditions must be met for an individual to claim this deduction:

- The loan must have been sanctioned between April 1, 2016, and March 31, 2017.

- The loan amount sanctioned should not exceed thirty-five lakh rupees.

- The value of the residential house property should not exceed fifty lakh rupees.

- The assessee must not own any residential house property on the date of sanction of the loan. These conditions ensure that the benefit is primarily targeted at first-time homebuyers and those purchasing affordable housing. The specific timelines and monetary limits reflect a targeted approach to stimulate housing in a particular economic context.

4. Exclusivity of Deduction: The clause specifies that if a deduction is claimed under this section, it cannot be claimed under any other provision of the Income Tax Act for the same or any other tax year. This exclusivity clause prevents double-dipping and ensures that the tax benefit is availed only once for a specific loan.

5. Definitions: The clause provides clear definitions for "financial institution" and "housing finance company," ensuring clarity and reducing potential ambiguities in interpretation. These definitions are aligned with existing legal frameworks, such as the Banking Regulation Act, 1949, ensuring consistency across statutes.

Comparative Analysis with Section 80EE of the Income Tax Act, 1961

1. Eligibility and Scope: Both Clause 130 and Section 80EE apply to individuals taking loans from financial institutions for acquiring residential properties. The scope and definitions of financial institutions are consistent across both provisions, ensuring continuity in application.

2. Quantum of Deduction: The deduction limit of fifty thousand rupees is identical in both provisions, maintaining consistency in the quantum of tax relief offered to individuals.

3. Conditions for Deduction: The conditions under Clause 130 mirror those in Section 80EE, with specific timelines for loan sanctioning and limits on loan amounts and property values. Both provisions target first-time homebuyers and affordable housing, ensuring that the benefits are directed towards the intended demographic.

4. Exclusivity of Deduction: The exclusivity clause is a common feature in both provisions, preventing double claims of tax benefits across different sections of the Income Tax Act.

5. Historical Context and Evolution: Section 80EE was introduced as part of the Finance Act, 2013, and has undergone amendments to align with changing economic contexts. Clause 130 continues this legislative trend, reflecting evolving policy priorities and economic conditions.

Practical Implications

The practical implications of Clause 130 are significant for various stakeholders:

- Individuals: For individual taxpayers, this provision offers a direct financial benefit by reducing taxable income through interest deductions. It lowers the overall cost of borrowing, making home ownership more financially viable.

- Real Estate Sector: By promoting home ownership, the provision indirectly supports the real estate sector, leading to increased demand for residential properties. This can stimulate construction activity and related industries, contributing to economic growth.

- Financial Institutions: The provision may lead to increased demand for home loans, benefiting banks and housing finance companies. It encourages financial institutions to design loan products that cater to the needs of first-time homebuyers.

- Government and Policy Makers: For the government, this provision aligns with broader policy objectives of promoting affordable housing and economic development. It provides a fiscal tool to influence housing market dynamics and support economic growth.

Conclusion

Clause 130 of the Income Tax Bill, 2025, is a well-structured provision aimed at promoting home ownership through tax incentives. Its alignment with Section 80EE of the Income Tax Act, 1961, ensures consistency in legislative intent and application. The provision's focus on first-time homebuyers and affordable housing reflects broader policy objectives of economic growth and social welfare. While the provision offers significant benefits, potential areas for reform could include adjustments to deduction limits and conditions to reflect changing economic realities and housing market dynamics.


Full Text:

Clause 130 Deduction in respect of interest on loan taken for residential house property.

Topics

Acts Income Tax