Short-term capital asset definition expanded to include prior holding period of units in a consolidating mutual fund plan. The amendment expands the definition of short-term capital asset by providing that where units become the assessee's property in consideration of a specified transfer, the period for which those units were held by the assessee in the consolidating mutual fund plan shall be included in computing the holding period for determining short-term or long-term status.
Short-term capital asset definition extended to include preference share holding period when converted into equity shares. Amendment expands the definition of short-term capital asset so that equity shares received as consideration in a specified transfer include the period during which the assessee held the preference shares, thereby aggregating the preference shares' holding period with that of the equity shares for classification purposes.
Holding period for immovable property shortened to qualify as short-term capital asset, changing capital gains classification. Amendment shortens the holding-period threshold for classifying immovable property as a short-term capital asset, revising the third proviso to the definition so that land or building held for less than the newly prescribed period will be treated as short-term, thereby altering the application of the holding-period rule for capital gains treatment.
Corporate tax rate differential for domestic companies introduced, with tiered surcharge rules and specified cess treatment applied. The Finance Bill revises company tax by setting a lower rate for domestic companies meeting a specified turnover threshold and a higher standard rate otherwise, while maintaining the existing rate for non-domestic companies. Tiered surcharge rates apply differently to domestic companies and to companies other than domestic companies, with marginal relief available. Education Cess and Secondary and Higher Education Cess remain generally applicable, but are not levied on tax deducted or collected at source for domestic companies and other residents under specified entries; both cesses still apply to salary TDS and to non-residents and non-domestic companies.
Rate of income-tax for local authorities remains unchanged; surcharge applies and marginal relief available for high-income local authorities. Rate of income-tax for every local authority is preserved at the level specified for the prior assessment year. Surcharge is imposed on local authorities whose income exceeds the high-income threshold, levied at a specified percentage, and marginal relief is provided to mitigate abrupt liability increases near that threshold.
Firm income-tax rate continues unchanged, with surcharge for higher-income firms and marginal relief available. The rate of income-tax applicable to every firm continues at the same level as for the preceding assessment year for assessment year 2018-19. For firms with total income exceeding one crore rupees, a surcharge is levied at twelve per cent, and marginal relief is available where applicable.
Co-operative society tax rates remain unchanged for the assessment year; surcharge applies to higher incomes and marginal relief provided. Rates of income-tax for co-operative society taxpayers remain the same as in the prior assessment year under the First Schedule of the Finance Bill, 2017. A surcharge applies to societies with higher income and marginal relief is provided to mitigate surcharge impact at threshold points.
Income-tax rate structure revised for salaries, advance tax and special cases with senior citizen slabs and surcharge. Part III of the First Schedule to the Finance Bill, 2017 prescribes the income-tax rates for deduction at source from salaries, advance tax computation and charging of income-tax in special cases for financial year 2017-2018. Tiered progressive rates apply to individuals, HUFs, AOPs, BOIs and specified artificial juridical persons. Distinct nil-tax thresholds and slab treatment are provided for resident individuals aged sixty to less than eighty and for those aged eighty or more. A surcharge of ten per cent applies within a defined high-income range and fifteen per cent above the higher threshold, with marginal relief available.
"Curbing aggressive tax avoidance strategies" under the General Anti-Avoidance Rule (GAAR) : Clause 179 of the Income Tax Bill, 2025 Vs. Section 96 of the Income-tax Act, 1961
26 April, 2025
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GAAR main purpose test targets arrangements primarily motivated by tax benefit, with procedural safeguards for invocation. Clause 179 defines an impermissible avoidance arrangement under GAAR as one whose main purpose is obtaining a tax benefit and which meets at least one of ... Summary
GAAR main purpose test targets arrangements primarily motivated by tax benefit, with procedural safeguards for invocation.
Clause 179 defines an impermissible avoidance arrangement under GAAR as one whose main purpose is obtaining a tax benefit and which meets at least one of four tainting conditions: arm's length departure, misuse or abuse of law, lack of commercial substance, or non bona fide means; it creates a rebuttable presumption placing the burden on the taxpayer for impugned steps and is operationalized through Rule 10UB's pre reference notice, Commissioner review, and Approving Panel safeguards.
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