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Anti-avoidance in securities transactions deems income to the economic owner to prevent dividend and bonus stripping abuse.
Clause 175 establishes a deeming regime that treats dividends and interest received by an interposed holder as the income of the original economic owner where securities are transferred and subsequently reacquired, limits taxpayer liability where similar securities are acquired, apportions income for partial-year beneficial interest holders, provides exceptions if the taxpayer proves absence of avoidance, disallows losses from dividend and bonus stripping within prescribed acquisition and disposal windows, and treats disallowed bonus-related losses as cost adjustments for retained units.
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Arm's length price principle reaffirmed and clarified in revised transfer pricing definitions, with expanded enterprise and transaction scope.
Clause 173 of the Income Tax Bill, 2025 restates and refines transfer pricing definitions: arm's length price as the benchmark between independent parties in uncontrolled conditions; an expansive definition of "enterprise" covering goods, IP, services, contracts, investments and securities (directly or via units/subsidiaries); "permanent establishment" as a fixed place of business; and "transaction" to include informal or non enforceable arrangements. The clause updates the "specified date" cross reference to the Bill's return filing provision and adopts more itemised drafting while maintaining substantive continuity with Section 92F.
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Accountant's report requirement: certified transfer pricing reporting mandated for international and specified domestic transactions, with prescribed form and timing.
Clause 172 requires every person entering into an international or specified domestic transaction in a tax year to obtain and furnish, by the specified date, a report from an accountant in the prescribed form, signed and verified as prescribed, setting forth such particulars as may be prescribed; the clause makes the obligation statutory, preserves applicability across taxpayer categories, and defers procedural form, verification and timing details to subordinate legislation while maintaining continuity with the existing reporting mechanics.
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Transfer pricing documentation: contemporaneous records required and rapid furnishing on demand to enhance transparency and enforcement.
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Advance Pricing Agreement application: modified returns must align tax assessments with agreed transfer pricing terms and timelines.
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Advance pricing agreements secure pre determination of arm's length pricing to enhance transfer pricing certainty and reduce disputes.
Clause 168 preserves the APA framework by empowering the Board, with Central Government approval, to determine the arm's length price or manner of attributing income to India for international transactions; to specify statutory and rule based methods (with adjustments); to make APAs prevail over general transfer pricing provisions; to bind both taxpayers and tax authorities for covered transactions; to permit rollback for prior years; and to declare APAs void ab initio for fraud or misrepresentation, with corresponding limitation period consequences and scheme making authority for procedural rules.
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Safe harbour rules mandate acceptance of declared transfer prices and deemed income, delivering taxpayer certainty while limiting administrative discretion.
Clause 167 empowers the Board to prescribe safe harbour rules under which income-tax authorities shall accept the transfer price or deemed income declared by the assessee for transactions falling within section 9(2) and arm's length price provisions, creating a statutory presumption that reduces administrative discretion and dependency on detailed rule-making to specify eligibility, thresholds, documentation, and procedural requirements.
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Arm's length pricing: multi year ALP option expands certainty and permits roll forward of transfer pricing determinations.
Clause 166 authorises the Assessing Officer to refer international and specified domestic related party transactions to a Transfer Pricing Officer for determination of the arm's length price, subject to prior approval; mandates notice, hearing, prescribed transfer pricing methods, and communication of the TPO order to AO and assessee; empowers the TPO to examine unreported transactions and to validate a taxpayer's option to apply a determined ALP to similar subsequent years, with rectification powers and corresponding AO amendment obligations, and permits issuance of Board guidelines to implement the multi year regime.
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Arm's length price determination: new clause refines methods and AO powers, emphasizing documentation and prescribed procedures.
Determination of Arm's Length Price requires selecting the most appropriate method from prescribed alternatives based on the transaction's nature, associated enterprise class, and functional analysis; where a single comparable price is found it is the arm's length price subject to a prescribed tolerance, while multiple prices must be reconciled in a prescribed manner. The tax authority may determine ALP during assessment if methods were not followed or documentation is inadequate, but must issue a show cause notice before adjustment; adjustments permit recomputation of total income and restrict deductions on enhanced income, with safeguards to prevent double adjustment.
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Specified domestic transaction: extending transfer pricing to high-value related-party domestic dealings, subject to arm's length compliance.
Clause 164 defines specified domestic transaction by enumerating categories of non-international related-party dealings brought under transfer pricing when aggregate annual value exceeds a high-value threshold, includes a residual prescription power to notify additional transactions, and requires contemporaneous documentation and benchmarking to ensure compliance with the arm's length principle.
Act Rules Bills
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Clause 163 defines international transaction expansively to include tangible and intangible property (expressly including transfer), capital financing, services, business restructuring, cost sharing and any transaction affecting profits, income, losses or assets; it reproduces an illustrative list of intangibles and contains a deeming rule treating dealings with third parties as international transactions where terms are determined with or pursuant to an associated enterprise, thereby widening transfer pricing coverage and anti avoidance reach.
Act Rules Bills
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Associated enterprise definition expands transfer pricing scope to include specified domestic transactions and indirect control.
Clause 162 defines associated enterprise through a general limb covering direct or indirect participation in management, control or capital and a list of deeming provisions-equity thresholds, significant loans and guarantees, board control, dependence on intangibles, supply and sales dependence, and familial/HUF control-while expressly extending the concept to specified domestic transactions and retaining prescribed catch-all and subjective influence tests that may require further guidance.
Act Rules Bills
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Arm's length price requirement drives transfer pricing adjustments to prevent profit shifting and protect the tax base.
Clause 161 mandates computation of income and the allowance of expenses or interest for international and specified domestic transactions among associated enterprises with reference to the arm's length price, requires arm's length allocation for shared costs or services, and prohibits transfer pricing adjustments that would reduce taxable income or increase losses, thereby strengthening scrutiny of intra group cost allocations and deductions to prevent profit shifting.
Act Rules Bills
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Unilateral double taxation relief limits credit to the lower of domestic or foreign tax rates and requires proof of foreign tax payment.
Clause 160 provides unilateral relief for Indian residents and non-resident partners taxed on foreign income where no DTAA exists, limited to the lower of the Indian tax rate or the foreign tax rate, requires proof of foreign tax payment, and defines key terms to include excess profits or business profits taxes; it modernizes terminology and omits a prior country-specific carve-out, while raising evidentiary and computational ambiguities.
Act Rules Bills
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Double taxation relief framework modernised: new clause clarifies treaty adoption, anti abuse safeguards, and documentation requirements.
Clause 159 empowers the Central Government to enter into and adopt agreements with foreign countries and notified specified territories, and permits specified domestic associations to enter into sectoral agreements subject to governmental adoption and notification. Agreements may provide relief from double taxation, avoidance of double taxation constrained by anti abuse safeguards, exchange of information to prevent evasion, and mutual assistance in tax recovery. The Act's provisions apply to the extent more beneficial to the taxpayer, but anti abuse measures in Chapter XI apply notwithstanding such benefit. Non residents must furnish a certificate of residence and prescribed documentation to claim treaty relief.
Act Rules Bills
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Treaty interpretation and anti-abuse primacy clarified: government may adopt association agreements while preserving treaty benefit limits.
Clause 159 authorises the Central Government to enter into agreements with foreign countries or notified territories and to adopt agreements between notified specified associations for double taxation relief, exchange of information, and mutual assistance in recovery. Taxpayers may claim the more beneficial of domestic law or a notified agreement, subject to documentary requirements for non-residents and the primacy of chapter-level anti-abuse provisions. A four-tier interpretive hierarchy for treaty terms is provided, with retrospective effect from the agreement's commencement.
Act Rules Bills
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Relief from taxation on foreign retirement accounts aligns Indian tax timing with foreign withdrawal taxation to prevent double taxation.
Clause 158 aligns Indian taxation of income from foreign retirement accounts with the foreign tax event by restricting relief to specified accounts in notified countries opened while the taxpayer was non resident, and by delegating timing and procedural details to rules to prevent double taxation, address timing mismatches, and guard against abuse.
Act Rules Bills
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Relief for irregular salary receipts: claim based allocation to prior years with computation and procedures delegated to rules.
Clause 157 provides relief where lump sum receipts (arrear or advance salary, salary for over twelve months, profits in lieu of salary, and arrears of family pension) cause an assessment at a higher rate. Relief is claim based on application to the Assessing Officer and requires allocation of amounts to earlier years; the Assessing Officer grants relief as prescribed in rules. An anti abuse exclusion denies relief where a deduction for the same amount has already been claimed, and computation, procedural steps and particulars (e.g., Form 10E practice) are to be specified by rules.

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Transformation of Tax Deduction Mechanism in respect of donations to certain funds : Clause 133 of the Income Tax Bill, 2025 Vs. Section 80G of the Income-tax Act, 1961

16 April, 2025

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Clause 133 Deduction in respect of donations to certain funds, charitable institutions, etc.

Income Tax Bill, 2025

Introduction

Clause 133 of the Income Tax Bill, 2025, proposes to consolidate and modernize the framework for deductions in respect of donations to certain funds, charitable institutions, and other specified entities. This clause is intended to replace, update, or otherwise correspond to the existing Section 80G of the Income-tax Act, 1961, which has long served as the statutory provision governing tax deductions for charitable donations in India. The significance of these provisions lies in their dual role: incentivizing philanthropy and ensuring regulatory oversight over the entities eligible for such fiscal benefits. The present analysis provides a detailed, provision-wise commentary on Clause 133, followed by a systematic comparison with the existing Section 80G. The aim is to highlight legislative intent, key similarities and differences, interpretative issues, and practical implications for taxpayers, charitable organizations, and the administration of direct taxes in India.

Objective and Purpose

The legislative intent behind both Clause 133 and Section 80G is to encourage voluntary contributions towards causes of public welfare, national interest, and social development by providing tax incentives to donors. The provisions are also designed to ensure that only bona fide and regulated entities benefit from this policy, thereby preventing abuse and fostering transparency in the charitable sector. Historically, Section 80G has evolved through numerous amendments to address issues of misuse, to clarify eligible recipients, and to align with changing social priorities (such as disaster relief, education, and health). Clause 133 seeks to further streamline these objectives by updating the list of eligible funds, clarifying procedural aspects, and reinforcing compliance mechanisms, such as digital reporting and risk-based verification.

Detailed Analysis of Clause 133

Clause 133 is structured into several sub-clauses, each addressing a specific aspect of the deduction regime. The key features are analyzed below:

1. Eligible Donations and Quantum of Deduction (Sub-section 1)

  1. 100% Deduction [Clause 133(1)(a)]: The clause enumerates a detailed list of funds and institutions to which donations are eligible for a full (100%) deduction from the total income of the assessee. These include:
    • National Defence Fund, Prime Minister's National Relief Fund, PM CARES Fund, and other central or state-level disaster relief funds.
    • Funds for specific causes (e.g., National Children's Fund, National Foundation for Communal Harmony, National Blood Transfusion Council).
    • Universities or educational institutions of national eminence, subject to approval.
    • Specific state government funds (e.g., Gujarat Earthquake Relief), and district-level literacy societies.
    • Medical relief funds, welfare funds for armed forces personnel, and funds for illness assistance.
    • National Sports Development Fund, National Cultural Fund, Fund for Technology Development, Swachh Bharat Kosh, Clean Ganga Fund, and National Fund for Control of Drug Abuse.
    • Entities promoting family planning, and sports associations recognized by the Central Government (for companies).
    The inclusion of explicit exclusions for sums spent under Corporate Social Responsibility (CSR) u/s 135(5) of the Companies Act, 2013, for certain funds (e.g., Swachh Bharat Kosh, Clean Ganga Fund) is notable and aligns with recent policy clarifications.
  2. 50% Deduction [Clause 133(1)(b)]: Donations to other specified funds and institutions are eligible for a 50% deduction, including:
    • Prime Minister's Drought Relief Fund, other approved charitable institutions (subject to conditions), government or local authority for charitable purposes (excluding family planning), authorities for housing or urban development, and corporations for minority community welfare.
    • Donations for renovation or repair of notified places of worship of historic or artistic importance.
    The clause defines "minority community" as notified by the Central Government, ensuring clarity.

2. Aggregate Limit (Sub-section 2)

Where the aggregate of certain donations (e.g., those for family planning, sports infrastructure, and those under sub-section 1(b)) exceeds 10% of the adjusted gross total income, the excess over 10% is ignored for deduction purposes. This cap is designed to prevent disproportionate tax benefits and to ensure the deduction remains within reasonable limits relative to the taxpayer's income.

3. Exclusion from Double Deduction (Sub-section 3)

Any sum allowed as a deduction under Clause 133 cannot be claimed under any other provision of the Act for the same or any other tax year. This anti-duplication measure is critical for fiscal discipline.

4. Nature and Mode of Donation (Sub-sections 4 and 5)

  • Deductions are allowed only for donations made as a sum of money (not in kind).
  • Donations exceeding Rs. 2,000 must be made by a mode other than cash to qualify for deduction, reinforcing the move towards digital and traceable transactions.

5. Compliance and Reporting (Sub-section 6)

For donations to institutions or funds under sub-section (1)(b)(ii), the deduction is allowed only if:

  • The institution or fund furnishes information regarding the donation to the prescribed authority.
  • The claim is subject to verification as per the risk management strategy formulated by the Board.

This provision strengthens compliance and aligns with the broader digitalization and risk-based monitoring of charitable donations.

6. Definitions and Interpretative Clarifications (Sub-section 7)

Key terms such as "adjusted gross total income," "charitable purpose," and the nature of the National and State Blood Transfusion Councils are defined. Notably, "charitable purpose" is expressly stated to exclude purposes wholly or substantially of a religious nature, maintaining the secular character of the deduction regime.

Comparative Analysis with Section 80G

A detailed comparison reveals both continuity and innovation in the new Clause 133 vis-`a-vis the existing Section 80G.

1. Scope of Eligible Recipients

Both provisions enumerate a similar list of eligible funds and institutions, with only minor variations in nomenclature and sequencing. However, Section 80G contains a longer, more fragmented list, reflecting its piecemeal evolution. Clause 133 consolidates and streamlines these categories, possibly omitting obsolete or merged funds (e.g., certain state-specific relief funds that are no longer operational). Section 80G also includes a provision for donations to "any other fund or institution to which this section applies," subject to approval and compliance with detailed conditions (sub-section 5). Clause 133 maintains a similar approach but refers to Schedule VII (Table: Sl. No. 1) and approval u/s 354, possibly signifying a shift towards a more codified and centralized approval process.

2. Quantum of Deduction

Both provisions distinguish between 100% and 50% deductions, depending on the nature of the recipient fund or institution. The underlying policy is consistent: donations to funds of national importance or for specific critical purposes (e.g., defence, disaster relief) are incentivized more than general charitable donations. Section 80G, however, contains a more complex calculation mechanism, especially where the aggregate includes sums eligible for both 100% and 50% deduction (sub-section 1(i)). Clause 133 simplifies this by more directly specifying the eligible categories under each quantum.

3. Aggregate Cap

Both provisions impose a 10% cap (of gross total income or adjusted gross total income) on certain categories of donations. Section 80G details the sub-clauses to which the cap applies, whereas Clause 133 refers to the relevant sub-sections more succinctly. The methodology for calculating "adjusted gross total income" is explicitly defined in Clause 133, reducing ambiguity.

4. Conditions for Eligible Institutions

Section 80G lays out extensive conditions for approval of institutions and funds:

  • Charitable purpose, non-religious in nature.
  • Registration under relevant laws (trust, society, etc.).
  • Non-profit distribution, regular accounts, and restrictions on benefit to any religious community or caste.
  • Approval by the Principal Commissioner or Commissioner, subject to periodic renewal and compliance with reporting requirements.
  • Detailed procedural rules for application, renewal, and cancellation of approval.

Clause 133, while referencing approval and compliance, appears to delegate much of the procedural detail to subordinate legislation (e.g., Schedule VII, section 354, prescribed authority), potentially allowing for more flexible and up-to-date regulatory mechanisms.

5. Exclusion of Religious Purpose

Both provisions unequivocally state that "charitable purpose" does not include purposes wholly or substantially of a religious nature. Section 80G, however, contains an explicit deeming provision (sub-section 5B) allowing up to 5% expenditure of a religious nature without disqualification. Clause 133 does not contain a comparable express carve-out, suggesting a stricter approach or an intent to clarify this via subordinate rules.

6. Mode of Donation and Anti-Abuse Provisions

Both provisions restrict deductions to monetary donations (not in kind) and require non-cash payment for amounts exceeding Rs. 2,000. Section 80G previously had a higher threshold (Rs. 10,000), which has since been aligned with the Rs. 2,000 limit, now mirrored in Clause 133. The anti-duplication rule is present in both (Section 80G(5A); Clause 133(3)), ensuring that a donation cannot be claimed under multiple provisions.

7. Reporting, Compliance, and Digitalization

Section 80G has, post-2020, mandated digital reporting by recipient institutions (sub-section 5(viii), (ix)), requiring statements to be furnished to the tax authorities and certificates to be issued to donors. Clause 133(6) similarly conditions deduction on information being furnished by the recipient institution and allows for risk-based verification. Both provisions thus reflect the policy shift towards digital administration and data-driven compliance.

8. Transitional and Miscellaneous Provisions

Section 80G contains detailed transitional provisions, explanations, and clarifications regarding the status of institutions, approval processes, and the treatment of pending applications. Clause 133, as a new provision, is more streamlined but may rely on future notifications or rules for transitional arrangements.

Practical Implications

For Taxpayers

  • Taxpayers must ensure donations are made to eligible entities, via non-cash modes for amounts above Rs. 2,000, and secure appropriate documentation (receipts, certificates).
  • Donations to entities not listed or not approved under the new regime will not qualify, necessitating due diligence.
  • The 10% cap on eligible donations for certain categories requires careful tax planning to maximize benefit.

For Charitable Institutions

  • Institutions must secure and maintain approval as per the new procedures, furnish timely digital statements to authorities, and issue certificates to donors.
  • Non-compliance may result in denial of deduction to donors, potentially affecting fundraising.
  • Entities with religious objectives must be cautious, as the exclusion for religious purposes is strictly enforced.

For Tax Authorities

  • The digitalization of reporting and risk-based verification enhances oversight but also increases administrative responsibility.
  • Clear guidelines and robust IT systems will be necessary to process and verify the large volume of data generated under these provisions.

Ambiguities and Issues in Interpretation

Transitional Issues 

Transition from Section 80G to Clause 133 may give rise to questions regarding the status of approvals granted under the old regime, treatment of donations made during the transition period, and continuity of eligibility for ongoing or recurring donations.

Definition of Charitable Purpose

While both provisions exclude religious purposes, the practical interpretation of "substantially religious" may still give rise to disputes, especially for institutions with mixed objectives.

Compliance Burden

The increasing compliance requirements for donee institutions (approval, reporting, certificate issuance) may pose challenges, especially for smaller entities. Any lapses could adversely affect donors, potentially leading to litigation.

Ceiling and Classification Issues

The 10% ceiling and classification of donations into 100% and 50% categories can be complex, especially when donors make multiple donations to different categories. Errors in classification or calculation may lead to disallowance or disputes.

Areas for Reform or Judicial Clarification

  • Clear transitional guidelines should be issued to address approvals, ongoing donations, and treatment of donations made around the time of legislative change.
  • Further clarification may be warranted on the scope of "charitable purpose" and the permissible extent of incidental religious activity.
  • Consideration could be given to simplifying the compliance burden for small institutions, perhaps through thresholds or digital facilitation.
  • Greater public awareness and guidance for both donors and donee institutions would help in smoother implementation and reduced disputes.

Conclusion

Clause 133 of the Income Tax Bill, 2025, represents a comprehensive and modernized approach to the deduction regime for charitable donations in India. While it retains the core policy and structure of Section 80G, it seeks to simplify, clarify, and digitize the regime in line with contemporary administrative and compliance requirements. The comparative analysis reveals substantial continuity but also key innovations, particularly in the areas of digital reporting, approval processes, and the explicit exclusion of CSR-related donations. Stakeholders must closely monitor the evolution of subordinate legislation and administrative guidance under the new regime to ensure seamless compliance and to maximize the intended benefits of charitable giving within the framework of Indian direct tax law.


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Clause 133 Deduction in respect of donations to certain funds, charitable institutions, etc.

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