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
    Act RulesIncome Tax
    Comparison of Section 41 "Written down value of depreciable asset" between the Income-Tax Act, 2025 ...
    Act RulesIncome Tax
    Comparison of Section 40 "Special provision for computation of cost of acquisition of certain assets...
    Act RulesIncome Tax
    Comparison of Section 39 "Computation of actual cost" between the Income-Tax Act, 2025 (as passed) a...
    Act RulesIncome Tax
    Comparison of Section 38 "Certain sums deemed as profits and gains of business or profession" betwee...
    Act RulesIncome Tax
    Comparison of Section 37 "Certain deductions allowed on actual payment basis only" between the Incom...
    Act RulesIncome Tax
    Comparison of Section 36 "Expenses or payments not deductible in certain circumstances" between the ...
    Act RulesIncome Tax
    Comparison of Section 35 "Amounts not deductible in certain circumstances" between the Income-Tax Ac...
    Act RulesIncome Tax
    Comparison of Section 33 "Deduction for depreciation" between the Income-Tax Act, 2025 (as passed) a...
    Act RulesIncome Tax
    Comparison of Section 32 "Other deductions" between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act RulesIncome Tax
    Comparison of Section 31 "Deduction for bad debt and provision for bad and doubtful debt" between th...
    Act RulesIncome Tax
    Comparison of Section 29 "Deductions related to employee welfare" between the Income-Tax Act, 2025 (...
    Act RulesIncome Tax
    Comparison of Section 28 "Rent, rates, taxes, repairs and insurance" between the Income-Tax Act, 202...
    Act RulesIncome Tax
    Comparison of Section 26 "Income under head Profits and gains of business or profession" between the...
    Act RulesIncome Tax
    Comparison of Section 25 "Interpretation" between the Income-Tax Act, 2025 (as passed) and the Incom...
    Act RulesIncome Tax
    Comparison of Section 23 "Arrears of rent and unrealised rent received subsequently" between the Inc...
    Act RulesIncome Tax
    Comparison of Section 22 "Deductions from income from house property" between the Income-Tax Act, 20...
    Act RulesIncome Tax
    Comparison of Section 21 "Determination of annual value" between the Income-Tax Act, 2025 (as passed...
    Act RulesIncome Tax
    Comparison of Section 19 "Deductions from salaries" between the Income-Tax Act, 2025 (as passed) and...
    Act RulesIncome Tax
    Comparison of Section 17 "Perquisite" between the Income-Tax Act, 2025 (as passed) and the Income-Ta...
    Act RulesIncome Tax
    Comparison of Section 11 "Incomes not included in total income" between the Income-Tax Act, 2025 (as...
❯❯
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 RulesIncome Tax
    Show AI Summary
    Written down value rules: formulaic WDV computation and continuity across specified corporate transfers ensure consistent depreciation treatment.
    Computation of written down value uses three treatments: actual cost for assets acquired in the year; actual cost less depreciation actually allowed for assets acquired earlier; and block computation by [(A - D) + B - C] - E with statutory caps. The provision maps WDV/actual-cost continuity across specified corporate transfers (holding/subsidiary, amalgamation, demerger, LLP conversion, corporatisation), deems carried-forward depreciation to be depreciation actually allowed, and requires revaluation/book-depreciation adjustments where earlier years lacked tax computation.
    Act RulesIncome Tax
    Show AI Summary
    Cost of acquisition continuity: transferee inherits transferor's cost plus improvements and transfer expenses for stock-in-trade sales.
    When an asset received on amalgamation, by gift, will, irrevocable trust, or HUF partition is sold as stock-in-trade, the transferee's cost of acquisition is the sum of the transferor's original cost, any cost of improvement, and any expenditure incurred by the transferor or amalgamating company wholly and exclusively in connection with the transfer; certain assets are excluded by separate statutory provision and no alternative valuation or evidentiary rules are provided.
    Act RulesIncome Tax
    Show AI Summary
    Computation of actual cost: adjustments for third party funding and input tax credits limit depreciable base.
    Section 39 defines actual cost for assets used in business or profession as the assessee's cost reduced by amounts borne by another person, GST/input tax credits where claimed and allowed, excise/additional customs duty credits where claimed and allowed, and any subsidy, grant or reimbursement relatable to acquisition; it excludes payments made outside prescribed banking/online modes beyond the daily threshold and prescribes a formula to apportion non asset specific subsidies across assets.
    Act RulesIncome Tax
    Show AI Summary
    Recapture of previously claimed deductions: reversals, recoveries and asset disposals treated as business income under tax law.
    Certain receipts are deemed profits and gains where they reverse or offset earlier deductions or allowances: remission or cessation of trading liabilities; gains on disposal of tangible assets where proceeds plus scrap value exceed written down value; sale of research capital assets sold without other use where proceeds plus prior deductions exceed capital expenditure; recoveries of bad debts previously deducted; and withdrawals from special reserves previously deducted. Applicability requires that the earlier allowance was made in assessment, assets were used for business or profession with depreciation claimed and allowed, and research assets were not used for other purposes; successors in business are within scope.
    Act RulesIncome Tax
    Show AI Summary
    Actual-payment rule: deductions are taxable only when actually paid, with narrow early-payment carve-outs and contractual limits.
    Section 37 makes specified business deductions allowable only in the tax year in which they are actually paid, regardless of accounting method or when liability arose. Enumerated categories include statutory levies, employer fund contributions, leave-in-lieu payments, amounts referred to section 32(a), interest on loans/advances/borrowings from specified financial entities, payments to Indian Railways, and late payments to micro and small enterprises; limited exceptions permit earlier-year deduction if paid by the return filing due date (excluding MSME payments), and conversion of interest into deferred instruments is not treated as payment.
    Act RulesIncome Tax
    Show AI Summary
    Restrictions on deductions for related party payments require arm's length pricing and specified electronic payment modes for eligibility.
    Section 36 empowers the Assessing Officer to disallow payments to specified persons that are excessive or unreasonable relative to fair market value, legitimate business needs, or benefit to the assessee; defines specified persons and a 20% substantial interest test; prohibits deductibility of aggregate cash payments in a day above prescribed thresholds unless made through specified banking/online modes (with a higher threshold for carriage services); treats subsequent cash payments as business income where deduction had been earlier allowed; and adds an exclusion for marked to market or expected losses except as expressly allowable.
    Act RulesIncome Tax
    Show AI Summary
    Non-deductibility for unpaid withholding taxes: deductions denied until the required tax or equalisation levy is paid.
    Section 35 conditions deduction of business or professional expenses on compliance with withholding and levy obligations: where tax or equalisation levy required to be deducted or paid is not timely deducted/paid, a specified portion of the payment is disallowed in the year of non-compliance and is allowed only in the year when the tax or levy is actually deducted and paid; parallel deeming rules and provisos address later deduction/payment and certain default scenarios, while partnership and association rules restrict deduction for unauthorised or excessive partner/member remuneration and interest.
    Act RulesIncome Tax
    Show AI Summary
    Deduction for depreciation: statutory framework limits and special incentives for qualifying business assets under the tax code.
    Section 33 provides for deduction for depreciation on tangible and specified intangible assets used wholly and exclusively for business or profession, excluding goodwill; it prescribes computation by blocks and prescribed rates, applies special rules for power undertakings and leasehold improvements, imposes a 50% restriction for assets first used less than 180 days, allows an additional first-year deduction for qualifying new plant and machinery subject to strict conditions, and prescribes pro rata allocation and ceilings on claims in succession, amalgamation or demerger with carry-forward rules for unallowed depreciation.
    Act RulesIncome Tax
    Show AI Summary
    Other deductions for business income clarified: special reserve caps, temporal interest disallowance, and prescribed mark to market rules apply.
    Clause 32 lists allowable other deductions for business income, including employee bonuses, interest on borrowings subject to temporal disallowance until asset is first put to use, contributions to notified guarantee funds, prescribed pro rata discount on zero coupon bonds, a capped special reserve for specified entities tied to eligible business profits and capital/reserve limits, notified non-capital expenditures by statutory corporations, co-operative sugar purchase support, marked-to-market or expected losses computed under prescribed standards, phased deductions for family planning capital expenditure, loss on animals, and payment of transaction taxes where business income arises.
    Act RulesIncome Tax
    Show AI Summary
    Provision for bad debts limits deductions for financial entities and ties write-off claims to provision account debits.
    Section 31 separates a capped, percentage-based deduction for provisions for bad and doubtful debts available to specified financial assessees from separate deductibility of actual irrecoverable debts. Written-off debts are deductible only if previously taken into account for income computation or advanced in the ordinary course of business; for those claiming the percentage provision the deduction is limited to amounts exceeding the provision account credit and is permitted only where the relevant bad debt or part thereof has been debited to the single provision account in the tax year.
    Act RulesIncome Tax
    Show AI Summary
    Deductibility of gratuity provisions clarified: certain gratuity provisions deductible despite a general prohibition, with anti double deduction rule.
    Section 29 permits employer deductions for specified employee welfare payments: recognised provident and approved superannuation contributions subject to prescribed limits and Board conditions; pension scheme contributions subject to a statutory ceiling with a defined salary concept; contributions to approved gratuity funds held in irrevocable trust; provisions for contributions to such gratuity funds or for payment of gratuity that has become payable during the tax year; and employee contributions credited by the prescribed due date. The As Passed text clarifies that the allowance for certain gratuity provisions operates notwithstanding the general disallowance on provisions, and prevents a second deduction on actual payments where a provision deduction was already claimed.
    Act RulesIncome Tax
    Show AI Summary
    Deductions for business asset expenses broadened where used for business, subject to apportionment and capital expenditure classification.
    Allowable deductions for business or professional profits include insurance premiums, land revenue/local rates/municipal taxes, rent for premises occupied as a tenant, current repairs to premises when not a tenant, and cost of repairs where a tenant has undertaken to bear repair costs. Expenditure in the nature of capital expenditure is excluded. Where assets are partly used for business, deduction is restricted to a fair proportionate part as determined by the Assessing Officer. The Passed Act broadens use-based entitlement and expressly permits repairs to machinery, plant and furniture.
    Act RulesIncome Tax
    Show AI Summary
    Business income inclusion expanded to capture specified receipts and broadened recapture for assets with previously allowed capital allowances.
    Section 26 charges income under the head Profits and gains of business or profession by an inclusive list that captures receipts such as compensation for termination or modification of management/agency/contract, profits on sale of import licences and export incentives, partner remuneration, sums for non competition or withholding of know how, Keyman insurance proceeds, fair market value on inventory treated as capital asset, and recapture receipts where whole expenditure was previously allowed as a deduction under specified statutory provisions.
    Act RulesIncome Tax
    Show AI Summary
    Owner definition expanded to include transfers without adequate consideration and long-term rights, widening house-property tax reach.
    For the purposes of sections 20-24 (income from house property), the provision inclusively defines owner to cover persons who transfer property without adequate consideration to specified relatives (subject to an agreement to live apart exception), holders of impartible estates (deemed individual owners for all properties in the estate), cooperative society allottees or lessees under house-building schemes, persons in possession under section 53A part-performance arrangements, and persons acquiring long-term or enabling rights in property; leases of month-to-month or not exceeding one year are excluded from clause (e).
    Act RulesIncome Tax
    Show AI Summary
    Taxation of arrears of rent: treat receipts as house property income in year of receipt with a standard deduction.
    Arrears of rent and unrealised rent realised subsequently are deemed income from house property in the year of receipt or realisation, included in total income irrespective of the recipient's ownership status in that year, with a prescribed deduction equal to 30% of the amount received.
    Act RulesIncome Tax
    Show AI Summary
    Deduction from house property: 30% standard deduction and spreadable pre acquisition interest with capped interest relief.
    Deductions for Income from House Property allow a 30% standard deduction on annual value (as determined under section 21) and interest on borrowed capital for acquisition/construction; pre acquisition interest is spread in five equal instalments beginning in the year of acquisition/construction, spread amounts must be reduced by interest already allowed under other provisions, and capped aggregate interest deductions apply with certificate and completion conditions, while interest payable outside India is disallowed unless appropriate tax withholding or agent arrangements exist.
    Act RulesIncome Tax
    Show AI Summary
    Determination of annual value: higher of expected or actual rent, with narrowed vacancy test and specific exemptions.
    Annual value is the higher of expected rent or actual rent received/receivable where let; the enacted text narrows vacancy relief by requiring that vacancy-related reduction make actual rent lower than the notional expected rent before annual value is fixed at actual receipts. Local taxes actually paid reduce annual value, unrealised rent is excluded subject to rules, stock-in-trade newly completed and not let enjoys two years nil annual value upon completion certificate, and owner-occupation yields nil annual value for up to two specified houses unless let or other benefits are derived.
    Act RulesIncome Tax
    Show AI Summary
    Deductions from salaries: defined categories, formulaic computation and aggregation limits govern tax relief eligibility.
    Section 19 itemises fourteen categories of salary related receipts that are deductible or exempt and prescribes formulas, ceilings and conditions for each. Relief for gratuity, leave encashment, pension commutation, retrenchment and voluntary retirement is computed by statutory formulas or by reference to notified limits and other enactments; an aggregation rule limits cumulative exemption where multiple receipts occur. The provision depends on cross references to other statutes and notifications, requiring classification, documentary evidence and tracing of prior exemptions to determine allowable deductions.
    Act RulesIncome Tax
    Show AI Summary
    Perquisite taxation: employer-provided benefits and securities treated as taxable salary components, with limited exclusions and prescribed valuation.
    Section 17 defines perquisite for salary taxation by listing employer-provided benefits treated as perquisites-including accommodation, employer-paid obligations, securities and sweat equity allotted or transferred at concessional rates, employer-paid insurance premiums and excess retirement contributions-while excluding certain employer-funded medical treatment, approved insurance arrangements, commuting vehicle expenditure and conditional foreign medical/travel payments; valuation methods and thresholds are delegated to subordinate rules and cross-references link perquisite treatment to existing constructs for gross total income and approved fund schemes.
    Act RulesIncome Tax
    Show AI Summary
    Conditional exclusion from total income: schedule-based incomes and persons excluded if conditions met; otherwise included in tax base.
    A conditional exclusion regime provides that incomes in Schedules II-VI and persons in Schedule VII are excluded from total income only if schedule conditions are satisfied; failure to satisfy conditions results in inclusion of such income in total income and taxation for the relevant tax year, and the Central Government is empowered to make rules or notifications to operationalise those schedules.

    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

      Introducing a new tax regime with revised tax slabs and by eliminating various exemptions and deductions : Clause 202 of Income Tax Bill, 2025 Vs. Section 115BAC of the income tax Act, 1961

      2 May, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Clause 202 New tax regime for individuals, Hindu undivided family and others.

      Income Tax Bill, 2025

      Introduction

      Clause 202 of the Income Tax Bill, 2025, represents a pivotal shift in the Indian tax regime for individuals, Hindu Undivided Families (HUFs), and other specified entities such as associations of persons (AOPs), bodies of individuals (BOIs), and artificial juridical persons. It is designed to streamline and simplify the computation of income tax by introducing a new tax regime with revised tax slabs and by eliminating various exemptions and deductions. This clause is a successor and evolution of the existing Section 115BAC of the Income-tax Act, 1961, which, along with the procedural Rules 21AG and Rule 21AGA of the Income-tax Rules, 1962, currently governs the new tax regime's operational framework.

      The significance of Clause 202 lies in its comprehensive approach towards rationalizing the tax structure, broadening the tax base, and reducing the administrative burden both for taxpayers and the tax authorities. It reflects the government's ongoing policy direction to move towards a more transparent, equitable, and less exemption-driven tax system.

      Objective and Purpose

      The legislative intent behind Clause 202 is to further the government's agenda of tax simplification and to incentivize compliance by offering lower tax rates in exchange for foregoing a host of exemptions and deductions. The clause seeks to:

      • Consolidate and rationalize the tax slabs for individuals, HUFs, and other specified entities.
      • Eliminate the complexities associated with numerous exemptions and deductions, thereby making the tax system more straightforward and less prone to litigation.
      • Provide clarity and certainty to taxpayers regarding their tax liabilities.
      • Reduce the compliance burden by minimizing the need to track and claim various deductions and exemptions.
      • Align the Indian tax system with international best practices, where lower rates are often paired with a broader tax base.

      Historically, the Indian income tax regime has been characterized by multiple exemptions and deductions, resulting in a complex and often opaque tax structure. The new regime, as embodied in Clause 202, seeks to address these issues by offering taxpayers a choice between the old regime (with exemptions and deductions) and the new regime (lower rates, fewer deductions).

      Detailed Analysis of Clause 202 of the Income Tax Bill, 2025

      1. Scope and Applicability

      Clause 202(1) applies to:

      • Individuals
      • Hindu Undivided Families (HUFs)
      • Associations of Persons (AOPs) (other than co-operative societies)
      • Bodies of Individuals (BOIs), whether incorporated or not
      • Artificial juridical persons referred to in section 2(77)(g)

      This broadens the scope beyond the initial coverage of Section 115BAC, which was originally limited to individuals and HUFs, but was later expanded to include AOPs, BOIs, and artificial juridical persons.

      2. Tax Rates and Slabs

      The new tax slabs under Clause 202(1) are as follows:

      Sl. No.Total IncomeRate of Tax
      1Upto Rs. 4,00,000Nil
      2Rs. 4,00,001 to Rs. 8,00,0005%
      3Rs. 8,00,001 to Rs. 12,00,00010%
      4Rs. 12,00,001 to Rs. 16,00,00015%
      5Rs. 16,00,001 to Rs. 20,00,00020%
      6Rs. 20,00,001 to Rs. 24,00,00025%
      7Above Rs. 24,00,00030%

      These slabs represent a further rationalization over the existing regime, with higher exemption limits and a more gradual progression of tax rates. For instance, the nil rate extends up to Rs. 4,00,000, and the highest 30% rate applies only above Rs. 24,00,000.

      3. Computation of Total Income

      Clause 202(2) mandates that total income for the purposes of the new regime shall be computed:

      • Without any exemption or deduction under various provisions, including specified Schedules and Sections (e.g., Schedule III, sections 144, 19(1), 22(1)(b), 33(8), 48, 49, 45(3), 46, 47(1)(a), and most of Chapter VIII except sections 124(1), 125(3), and 146).
      • Without set off of losses:
        • Carried forward or depreciation from earlier years, if attributable to the disallowed deductions.
        • Any loss under the head "Income from house property" with any other head of income.
      • Without any exemption or deduction for allowances or perquisites provided under any other law in force.

      This comprehensive exclusion of exemptions, deductions, and set-offs is central to the policy of broadening the tax base and simplifying compliance.

      4. Treatment of Losses and Depreciation

      Clause 202(3) stipulates that losses and depreciation referred to in sub-section (2)(b) are deemed to have been given full effect to, and no further deduction is allowed in subsequent years. This provision is aimed at preventing the carry-forward of losses and depreciation attributable to disallowed deductions under the new regime, ensuring a clean break from the old regime's tax treatment.

      5. Exercise of Option

      Clause 202(4) sets out the mechanism for exercising the option to opt into or out of the new regime:

      • For persons with business or professional income:
        • Option must be exercised on or before the due date for filing the return (section 263(1)).
        • Once exercised, the option applies to subsequent years.
        • Option can be withdrawn only once (other than the year of exercise), after which re-entry is barred except in cases where the person ceases to have business/professional income.
      • For persons without business or professional income:
        • Option is exercised along with the return of income for the year.

      This structure is designed to prevent frequent switching between regimes, thereby providing stability and predictability in tax planning.

      6. Special Provisions for International Financial Services Centre (IFSC) Units

      Clause 202(5) provides a carve-out for units in IFSCs that exercised the option for any year from 2020-21 to 2023-24. For these units, certain deductions remain available, subject to specific conditions, recognizing the policy objective of promoting IFSCs as international financial hubs.

      Ambiguities and Potential Issues

      • The reference to various Schedules and Sections for disallowed deductions may create interpretative challenges, especially where cross-references are involved or where legislative amendments alter the referenced provisions.
      • The transition provisions for losses and depreciation may require careful adjustment to prevent disputes regarding the written down value of assets and the treatment of unabsorbed depreciation.
      • The rigid restriction on re-entry into the new regime after withdrawal (for business/professionals) could be viewed as unduly harsh in cases of genuine hardship or business restructuring.

      Practical Implications

      The practical impact of Clause 202 is far-reaching:

      • Taxpayers: Individuals and entities must carefully evaluate whether the new regime is beneficial, given the loss of deductions versus the benefit of lower tax rates. Tax planning will shift from maximizing deductions to optimizing gross income.
      • Businesses: SMEs and professionals will need to adapt their accounting practices, especially regarding depreciation and loss carry-forwards.
      • Tax Authorities: Reduced scope for exemptions and deductions simplifies assessments and reduces litigation, but initial transition may require clarifications and robust taxpayer education.
      • Compliance: The need to file prescribed forms and exercise options within strict timelines (as detailed in Rules 21AG and 21AGA) heightens the importance of procedural compliance.

      Comparative Analysis with Existing Provisions

      1. Comparison with Section 115BAC of the Income-tax Act, 1961

      Section 115BAC, introduced by the Finance Act, 2020 and subsequently amended, is the current statutory provision for the new tax regime. The key points of comparison are as follows:

      • Applicability: Initially, Section 115BAC applied only to individuals and HUFs. Recent amendments (effective AY 2024-25 onwards) have expanded its scope to include AOPs, BOIs, and artificial juridical persons, aligning with Clause 202.
      • Tax Slabs: The slab structure u/s 115BAC has evolved:
        • For AY 2026-27 onwards, the slabs mirror those in Clause 202 (up to Rs. 4 lakh: Nil Rs. 4-8 lakh: 5%, etc.), ensuring continuity and predictability.
      • Denial of Deductions/Exemptions: Both Clause 202 and Section 115BAC(2) deny a similar range of deductions and exemptions, though the specific references differ due to legislative drafting. Both prohibit set-off of losses attributable to such deductions and bar house property loss set-off.
      • Deeming Provisions: The deeming provision for losses and depreciation is present in both, preventing carry-forward of disallowed losses/depreciation.
      • Option Mechanism: Section 115BAC(5)/(6) and Clause 202(4) are substantially similar in prescribing how and when the option to opt in/out must be exercised, with similar restrictions on withdrawal and re-exercise.
      • IFSC Carve-out: Both contain special provisions for IFSC units, allowing continued deduction u/s 80LA, subject to conditions.
      • Procedural Rules: Section 115BAC is supplemented by Rules 21AG (for sub-section 5) and 21AGA (for sub-section 6), which specify the forms and electronic filing mechanisms. Clause 202 will require similar procedural rules, likely modeled on these existing rules.

      Key Distinctions:

      • Clause 202 is prospective and designed to replace/amalgamate the provisions of Section 115BAC in the new Income Tax Bill, 2025, providing a consolidated and updated framework.
      • The references to various schedules and sections in Clause 202 may differ in detail from those in Section 115BAC, reflecting the new legislative architecture.

      2. Comparison with Rules 21AG of the Income-tax Rules, 1962 (Exercise of Option u/s 115BAC(5))

      Rule 21AG prescribes the procedure for exercising the option u/s 115BAC(5). Key features include:

      • The option is to be exercised in Form No. 10-IE, electronically filed (digital signature or EVC).
      • The Principal Director General of Income-tax (Systems) is empowered to specify filing procedures, data structure, verification, and security protocols.

      Clause 202(4) continues this approach, with the expectation that similar procedural rules will be notified for exercising the option under the new regime. The emphasis remains on electronic filing and secure, standardized processes.

      3. Comparison with Rule 21AGA of the Income-tax Rules, 1962 (Exercise of Option u/s 115BAC(6))

      Rule 21AGA, effective from assessment year 2024-25, extends the procedural framework to a broader class of taxpayers (including AOPs, BOIs, and artificial juridical persons) and introduces Form No. 10-IEA for exercising or withdrawing the option. Key features:

      • Business/professional income assessees must file Form 10-IEA by the due date for return filing.
      • Others can opt in via their return of income.
      • Electronic filing and EVC/digital signature are mandatory.
      • Withdrawal of option is also to be done in Form 10-IEA.

      Clause 202's procedural requirements are in consonance with these rules, reinforcing the government's emphasis on digital compliance and procedural certainty.

      Comparative Table 

      AspectSection 115BAC of the Income-tax Act, 1961Clause 202 of the Income Tax Bill, 2025
      ApplicabilityInitially individuals & HUFs; later expanded to AOPs, BOIs, artificial juridical personsExplicitly includes individuals, HUFs, AOPs (other than co-op societies), BOIs, and artificial juridical persons
      Tax Slabs
      • 2021-2023: Nil up to Rs. 2.5 lakh, then 5% to 30% above Rs. 15 lakh
      • 2024-2025: Nil up to Rs. 3 lakh, then 5% to 30% above Rs. 15 lakh
      • 2026 onwards: Nil up to Rs. 4 lakh, then 5% to 30% above Rs. 24 lakh (as per latest amendments)
      • Nil up to Rs. 4 lakh
      • 5%: Rs. 4,00,001-Rs. 8,00,000
      • 10%: Rs. 8,00,001-Rs. 12,00,000
      • 15%: Rs. 12,00,001-Rs. 16,00,000
      • 20%: Rs. 16,00,001-Rs. 20,00,000
      • 25%: Rs. 20,00,001-Rs. 24,00,000
      • 30%: Above Rs. 24,00,000
      Exemptions/DeductionsBroadly disallows most exemptions/deductions under specified sections (e.g., section 10, 10AA, 16, 24, 32, 35, 80C, etc.), with some exceptions (e.g., employer contribution to NPS, 80JJAA)Disallows exemptions/deductions under specified Schedules/Sections, with some carve-outs (e.g., IFSC units)
      Loss Set-offNo set off of losses or depreciation attributable to disallowed deductions; no set off of house property loss with other headsSame principle, with explicit deeming provision for losses/depreciation
      Option MechanismOption exercised via prescribed forms (Form 10-IE/10-IEA); business/professional income assessees have stricter withdrawal/re-entry rulesSimilar mechanism, with reference to procedural rules and stricter withdrawal/re-entry restrictions
      IFSC UnitsDeduction u/s 80LA available to IFSC units under specified conditionsSimilar carve-out for IFSC units for years 2020-21 to 2023-24

      The most notable difference is the further rationalization and elevation of the exemption threshold and tax slabs in Clause 202, reflecting a continued policy of easing the tax burden on lower- and middle-income groups.

      Unique Features and Potential Conflicts

      • Broader Applicability: Clause 202 cements the inclusion of AOPs, BOIs, and artificial juridical persons, which were only later included u/s 115BAC through amendments and corresponding rules.
      • Higher Exemption Threshold: The move to a Rs. 4 lakh nil rate and higher slabs is a significant departure, likely to benefit a larger segment of taxpayers, especially in the lower and middle-income brackets.
      • Transition Management: The treatment of losses and depreciation, and the restriction on re-entry, could create hardships for taxpayers with fluctuating income profiles. There may be calls for more flexible provisions or hardship exceptions.
      • Potential for Litigation: As with any major legislative shift, ambiguities in cross-references, treatment of transitional losses, and procedural lapses could lead to disputes, necessitating judicial clarification.

      Conclusion

      Clause 202 of the Income Tax Bill, 2025, marks a substantial evolution in the Indian tax landscape, building upon and refining the framework established by Section 115BAC and its allied rules. By further rationalizing tax slabs, broadening applicability, and eliminating most exemptions and deductions, the clause aims to create a simpler, more transparent, and equitable tax system. However, the transition to this regime will require careful management, robust procedural guidance, and possibly further legislative or judicial clarifications to address ambiguities and ensure taxpayer confidence.

      The interplay between Clause 202, Section 115BAC, and Rules 21AG and Rule 21AGA reflects a maturing policy approach that balances the goals of simplification, revenue generation, and taxpayer fairness. As the regime matures, future reforms may focus on addressing edge cases, refining procedural aspects, and ensuring that the new system delivers on its promise of simplicity and efficiency.


      Full Text:

      Clause 202 New tax regime for individuals, Hindu undivided family and others.

      Topics

      ActsIncome Tax