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
    Case LawsIncome Tax
    Distinction between Capital Gains and Business Income: Comprehensive Analysis of a Income Tax Case
    Case LawsIncome Tax
    A Multifaceted Legal Analysis on Transfer Pricing and Tonnage Tax Scheme, Bareboat Charter, Interest...
    Case LawsIncome Tax
    Assessment of Eligibility for Tax Deductions Under Scrutiny: Tribunal Upholds PCIT's Revisionary Pow...
    Case LawsCustoms
    Insight into Penalties for Procedural Lapses in Customs Documentation
    Legalities of Input Tax Credit Refunds (IGST), period of limitation and COVID-19 pandemic: A Case St...
    Case LawsCentral Excise
    Reversal of CENVAT Credit: A Critical Analysis of a Recent Legal Dispute
    Case LawsIncome Tax
    Taxation of Employee Benefits: TDS on value of accommodation provided to the employees at the rate o...
    Case LawsIncome Tax
    The Intricacies of Unexplained Investment and Legal Recourse: A Comprehensive Analysis of a recent C...
    Navigating Legal Intricacies: Power to arrest under PMLA and compliance with CrPC
    Case LawsIncome Tax
    Intricacies of Taxation on Interconnect Charges in Telecom: Unraveling the Concept of 'Use or Right ...
    Case LawsVAT / Sales Tax
    The Priority of Secured Creditors in Financial Recoveries: A Comprehensive Analysis of Central Bank ...
    Navigating the Intricacies of Seizure and Confiscation under the GST Regime: A Detailed Analysis of ...
    Case LawsIncome Tax
    The Principle of Mutuality in Taxation: A Comprehensive Analysis of a Landmark Supreme Court Decisio...
    Case LawsService Tax
    Legal Nuances in CENVAT Credit Rules and Extended Limitation Periods: A Detailed Analysis
    Case LawsService Tax
    Cenvat Credit - Input Service Distributors and the Extended Period of Limitation in Service Tax Law:...
    Case LawsCustoms
    Complexities of Gold Importation - Prohibited Goods and Redemption: An Analysis of the 2023 (8) TMI...
    Case LawsIndian Laws
    A Case Study on Condonation of Delay in filing the Appeal in Indian Legal System
    Restrictions on availing Input Tax Credit (ITC) - constitutional validity of Section 16(4): A Landma...
    Case LawsIncome Tax
    Landmark Income Tax Reassessment Case
    Case LawsIncome Tax
    A Legal Dissection of Best Judgment Assessments in Tax Law, in the context of Sections 153A/153C in ...
❯❯
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
    Case LawsIncome Tax
    Show AI Summary
    Classification of property income: conversion into business income denies capital-gains relief and alters deduction eligibility.
    Where land initially held as a capital asset is developed and sold through partnership activity with a profit motive, the asset can be characterized as having undergone conversion into stock-in-trade and treated as business income; that characterization determines tax consequences by excluding capital-gains-specific deductions and reinvestment reliefs, and depends on the taxpayer's intention and the transactional pattern.
    Case LawsIncome Tax
    Show AI Summary
    Transfer pricing applicability to tonnage tax scheme narrowed; tonnage-covered operations exempted from transfer pricing obligations.
    Transfer pricing provisions were held inapplicable to operations covered by the Tonnage Tax Scheme, and transfer pricing adjustments based on differential interest for a bareboat charter cum demise lease were rejected in light of prior consistent rulings. The Tribunal treated the relevant interest income and expenditure as business income, examined whether a negative lien equated to a fee-bearing corporate guarantee, and reviewed allocation principles for common interest and hire-charge adjustments between tonnage and non-tonnage activities.
    Case LawsIncome Tax
    Show AI Summary
    Revisionary power under section 263 upholds reassessment where deduction eligibility under section 80IB(11A) is lacking.
    The PCIT found the assessee ineligible for the deduction under section 80IB because operations commenced outside the period in section 80IB(11A); the original assessment accepted the deduction without examining this eligibility. The PCIT issued a show-cause and, treating the original order as erroneous and prejudicial to revenue, exercised revisionary power under section 263 to quash the order and direct reassessment, the Tribunal upholding that revision was appropriate where the error was beyond mere rectification remedies.
    Case LawsCustoms
    Show AI Summary
    Proportionality in customs penalties: enhanced fines require adequate justification and consideration of compliance efforts by authorities.
    The legal issue concerns penalties under the provisional duty assessment regulations for delayed document submission; adjudicators must assess the limited nature of procedural lapses, consider compliance efforts where documents are produced during show cause proceedings, and apply proportionality principles. Enhanced penalties require adequate, reasoned justification, and adjudicators should determine whether a nominal penalty already imposed is commensurate with the lapse and its impact on finalizing provisional assessment and duty realization.
    Case LawsGST
    Show AI Summary
    Limitation exclusion for pandemic renders delayed ITC refund claims timely under CGST limitation provision, court applies notification.
    The court held that the pandemic period exclusion notification applies to computation of the limitation for refunds of unutilised Input Tax Credit arising from exports under a letter of undertaking. After assessing eligibility issues and time barred components of the ITC claim, the court found the appellate conclusion of limitation unsustainable and quashed the impugned order, applying the notification to the refund computation.
    Case LawsCentral Excise
    Show AI Summary
    CENVAT credit reversal: elective accounting options cannot be imposed on a taxpayer, limiting percentage-based recovery.
    Dispute concerns entitlement to reverse CENVAT credit when a manufacturer produces both dutiable and exempt goods without separate records. Rule 6(3) provides elective options for taxpayers not maintaining segregated accounts but authorities cannot impose those options on the assessee. Rule 14 and statutory recovery provisions allow recovery of wrongly availed credit, yet there is no statutory basis to mandate recovery by applying fixed percentages to the value of exempted goods; if the assessee has already reversed credit attributable to exempted production, additional percentage-based demands or penalties lack legal support.
    Case LawsIncome Tax
    Show AI Summary
    Perquisite valuation: absence of employer concession leads to no TDS on rent-free employee accommodation under valuation rules.
    The tribunal concluded that perquisite taxation on rent-free accommodation requires a demonstrable concession by the employer; in the absence of such concession the perquisite value is nil. Although the institution is not a Central Government entity, the Revenue's invocation of Rule 3 and fixed percentage valuation was premature. The appellate deletion of the withholding demand was affirmed on the ground that no concession existed and therefore no taxable perquisite arose.
    Case LawsIncome Tax
    Show AI Summary
    Unexplained investments deemed taxable where cancellation deeds lack civil adjudication and source credibility is unproven.
    The tribunal sustained income tax additions under the unexplained investment provision, holding that the assessee failed to prove the creditworthiness and reality of alleged fund sources for a land purchase revealed in a survey, and that registered cancellation deeds without a civil court decree do not legally negate the original transaction for tax purposes.
    Case LawsPMLA
    Show AI Summary
    Power to arrest under PMLA requires recorded reasons and limits general arrest notice requirements, affecting remand review.
    Power to arrest under the Prevention of Money Laundering Act requires strict recording and communication of reasons for arrest and operates through a specialized, self-contained mechanism limiting the applicability of certain general arrest notices. Judicial remand and CrPC procedures apply only to the extent they do not conflict with the PMLA; habeas corpus is available for illegal detention but is not ordinarily to be used to routinely challenge reasoned, statutorily compliant remand orders.
    Case LawsIncome Tax
    Show AI Summary
    Use or right to use: interconnect charges not treated as royalty under treaty because no transfer of use of IP.
    The core question was whether interconnect usage charges fall within royalty by virtue of conferring the use or right to use a process or equipment. The tribunal held that IUC did not amount to royalty because the telecommunications processes were standard industry practice, not proprietary or secret, and therefore did not grant a transferable right to exploit intellectual property; treaty interpretation under the DTAA controlled characterization.
    Case LawsVAT / Sales Tax
    Show AI Summary
    Priority of secured creditors affirmed over state tax claims under SARFAESI Act, reinforcing security interest protection in recoveries.
    The court's analysis centers on the statutory priority conferred by the SARFAESI framework for enforcement of security interests, treating secured creditors' lien-based rights as superior to government tax claims on the same charged asset and narrowing the traditional Crown Debt preference where the statutory enforcement regime specifies priorities.
    Case LawsGST
    Show AI Summary
    Seizure powers under GST limited to goods and material useful to proceedings, excluding currency and requiring necessity.
    The power to inspect, search and seize under Section 67 is confined to items believed to be liable for confiscation or material useful to proceedings; the statutory definition excludes money from 'goods', seizure must be necessary for GST proceedings, and items not relied upon in subsequent notice are to be returned within a limited period, reflecting a narrower interpretation of 'things' consistent with legislative intent.
    Case LawsIncome Tax
    Show AI Summary
    Principle of mutuality: interest on clubs' bank deposits treated as commercial income and not mutuality-exempt.
    The Court analysed whether investing clubs' surplus funds in bank fixed deposits preserved the identity between contributors and beneficiaries required by the Principle of Mutuality. It found that such investments diverted funds into commercial dealings with third parties and were not applied directly for members' mutual services, thereby breaking mutuality. As a result, interest earned on those investments did not qualify as exempt mutual receipts and was treated as taxable income.
    Case LawsService Tax
    Show AI Summary
    Extended limitation period: requires proof of fraud or wilful suppression; mere self-assessment errors are insufficient.
    The tribunal held that invocation of the extended period of limitation for recovery of irregularly availed CENVAT credit requires affirmative grounds such as fraud, collusion, wilful misstatement, or suppression of facts; mere incorrect self-assessment, audit disagreement, or discovery during audit does not establish the necessary intent to evade, and therefore demands beyond the normal limitation period (except conceded amounts) could not be sustained.
    Case LawsService Tax
    Show AI Summary
    Cenvat credit validity vs procedural lapses: extended limitation requires evidence of fraud or suppression to apply.
    Whether a PSU could claim CENVAT credit through its Head Office functioning as an Input Service Distributor despite documentation lapses, and whether the Department could invoke the extended period of limitation were examined. The focus is on reconciling substantive receipt of services with procedural compliance, and on the requisite showing of fraud, collusion, willful misstatement, or suppression of facts to justify extending limitation beyond the normal period; mere delay without such evidence does not suffice.
    Case LawsCustoms
    Show AI Summary
    Gold importation without declaration: whether undeclared imports amount to smuggling and bar redemption under customs law.
    The petitions question whether undeclared gold imports that bypass the Green Channel constitute prohibited goods or smuggling under the Customs Act, 1962, and whether adjudicating authorities properly exercised discretion under Section 125 in confiscating goods and denying redemption, given alleged arbitrariness and inconsistent treatment.
    Case LawsIndian Laws
    Show AI Summary
    Delay condonation in land acquisition appeals hinges on whether administrative impediments amount to sufficient cause.
    Delay condonation in land acquisition appeals hinges on whether administrative or bureaucratic impediments amount to a sufficient cause rather than an excuse; courts must assess explanations case-by-case, balancing procedural discipline against substantive justice while guarding against routine tolerance of government inefficiency.
    Case LawsGST
    Show AI Summary
    Input Tax Credit time-bar upheld: legislative limits on ITC claims are valid, treating ITC as a conditional concession.
    The time-limit for claiming Input Tax Credit (ITC) was upheld as a permissible legislative condition: ITC is a concession contingent on statutory requirements, temporal restrictions fall within legislative competence, and business forms like proprietorships cannot invoke trade-right protections in the same manner as citizens; judicial interference in fiscal policy is limited where statutory mechanisms govern tax benefits.
    Case LawsIncome Tax
    Show AI Summary
    Reassessment notice limitations restrict tax authorities when issued beyond limitation or without mandated approval or procedural defects.
    A reassessment issued after the three year limitation period and without approval from the specified authority fails statutory prerequisites and cannot sustain reassessment. Reassessment powers are limited to non disclosure or material misstatement of facts in the original assessment and do not extend to changes of opinion. TOLA 2020 does not expand substantive reassessment powers or alter approval requirements, and correct classification of expenses as capital or revenue remains central to tax consequence determinations.
    Case LawsIncome Tax
    Show AI Summary
    Best judgment assessment standards tightened when linked to search-and-seizure reassessments requiring documented satisfaction and DIN compliance.
    Best judgment assessment under Section 144 is examined alongside Sections 153A and 153C, stressing that invocation of Section 144 must be grounded in the legitimate scope opened by search-related reassessments. The court emphasises that the Assessing Officer's satisfaction note must be substantively supported, administrative formalities such as a Document Identification Number must be complied with, and that extensions of assessment periods require concrete evidentiary justification.

    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