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
    Seeking grant of Bail - wrongful availment of Input Tax Credit and fake invoices.
    Case LawsCorporate Laws
    Oppression and Mismanagement under the Companies Act, 2013.
    Case LawsMoney Laundering
    Money Laundering - proceeds of crime - scheduled offence - alleged money scam - twin conditions of g...
    Case LawsCorporate Laws
    Small Industries Development Bank of India versus M/s. Sibco Investment Pvt. Ltd- Legal Position of ...
    Case LawsCorporate Laws
    Seeking appointment of Arbitrator so as to to constitute an Arbitral Tribunal to adjudicate upon the...
    Case LawsCustoms
    Understanding "seizure" with respect to jurisdiction under the Customs Act, 1962.
    Case LawsIndian Laws
    A study of the compounding of offences under section 147 of the Negotiable Instruments Act, 1881 at ...
    Case LawsCustoms
    Understanding the reasoning of classification under tariff item "8483" and tariff item "8708" of the...
    Case LawsService Tax
    Foreclosure of the right to reply to a notice by the Noticee is a violation of principles of natural...
    Case LawsCorporate Laws
    A Study of the terms "Oppression and mismanagement" under the Companies Act, 1956 and 2013.
    Case LawsCorporate Laws
    An examination of the terms of "Oppression and Mismanagement" under the Companies Act, 1956 and 2013...
    Case LawsIndian Laws
    Dishonor of Cheques- A study of the interrelation between the provisions of Code of Criminal Procedu...
    Case LawsIndian Laws
    Dishonor of Cheques- A study of the interrelation between the provisions of Code of Criminal Procedu...
    Case LawsIndian Laws
    Sole Proprietorship whether it falls under international commercial arbitration.
    Case LawsCustoms
    Issuance of summons directly to the Managing Director of the company without calling for or summonin...
    Case LawsIndian Laws
    Cognisable and non bailable offence or not - An insight into the understanding of section 63 of the ...
    Case LawsIndian Laws
    Writ jurisdiction with respect to order of National Consumer Disputes Redressal Commission.
    Case LawsIncome Tax
    Strictures against the Income Tax Office - abuse of authority by the revenue officers, ignoring the...
    Law of Limitation - Insolvency Proceedings
    Ocean Freight-A Brief study of Recent Supreme Court Judgement dismissing petition of Union of India ...
❯❯
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 LawsGST
    Show AI Summary
    Wrongful availment of Input Tax Credit: bail denied due to gravity of economic offence and nascent investigation.
    Allegations assert coordinated issuance of fake invoices among about 56 firms to wrongfully claim Input Tax Credit, allegedly evading taxes amounting to Rs. 5.65 crore. Considering the scale, conspiratorial nature, and nascent stage of investigation, and recognising economic offences as particularly serious for public finances, the court refused bail to the applicant Saurabh Srivastava and dismissed the bail application.
    Case LawsCorporate Laws
    Show AI Summary
    Oppression and mismanagement: protection of initial shareholding and valuation to enable fair exit for aggrieved shareholder.
    The petition alleged majority conduct that altered the petitioner's intended equity stake and diverted company funds, constituting unfair treatment of a minority shareholder. The tribunal preserved the petitioner's original shareholding at incorporation and directed a share valuation to enable a fair exit, with the company bearing the valuation fee and interim protection against further alteration of shareholding.
    Case LawsMoney Laundering
    Show AI Summary
    Bail presumption in money laundering cases requires reasonable grounds to believe accused is not guilty before release.
    Money laundering bail applications balance the presumption that bail is the rule against offence gravity and statutory constraints. Courts consider nature and seriousness, evidence quality, accused's circumstances, risk of non appearance and witness tampering, and public interest. The twin condition requires prosecutorial opposition and that, if opposed, there be reasonable grounds to believe the accused is not guilty and will not reoffend; investigative stage, missing materials and absconding principal suspects materially affect this assessment.
    Case LawsCorporate Laws
    Show AI Summary
    Regulatory authority of RBI: directions in public interest can bar civil claims and restrain NBFC asset transfers.
    RBI directions in public interest can prohibit an NBFC's asset alienation and bind civil claims even if the enabling provision is not cited; failure to challenge such directions constitutes waiver/acquiescence, preventing civil relief that conflicts with the direction. Constructive res judicata bars subsequent suits where the cause of action accrued earlier and was not raised, and winding-up petition commencement creates a suspect period during which transfers may be impeached as potentially fraudulent.
    Case LawsCorporate Laws
    Show AI Summary
    Arbitration appointment governs share-conversion dispute, shaping insolvency jurisdiction and conversion mechanics in related contracts.
    Disputes over the conversion formula for optionally convertible redeemable preference shares following a qualified initial public offering were submitted to arbitration under agreements designating Mumbai and a three-arbitrator tribunal with a Chairperson. Parties disputed entitlement percentages and refund implications; compliance with SEBI Regulations required conversion prior to the QIPO. A related claim that unpaid redemption sums triggered corporate insolvency proceedings was assessed, and the factual record did not establish a contractual default sufficient to invoke the insolvency resolution process. Multiple arbitration agreements between the same parties permit separately constituted proceedings for international and domestic arbitration while retaining the same tribunal members.
    Case LawsCustoms
    Show AI Summary
    Jurisdiction in customs seizure: police interceptions outside customs station amount to town seizure and invalidate statutory seizure.
    Jurisdiction under the Customs Act depends on action by competent customs officers at the designated customs station; interceptions and initial custody by police constitute a town seizure, failing the statutory prerequisites for a valid customs seizure. The revenue bears the onus to prove goods are smuggled and that territorial and procedural jurisdictional requirements were satisfied before a seizure can be validly treated as a customs action.
    Case LawsIndian Laws
    Show AI Summary
    Compounding of negotiable instrument offences permits settlement and release when parties compensate and consent at appellate stages.
    Compounding under Section 147 of the Negotiable Instruments Act may be invoked at trial, appeal or revision where parties settle by payment and consent; courts treat the dishonour under Section 138 as a civil wrong with criminal penalties and may allow compounding, direct deposit of amounts and release from imprisonment to give effect to the compensatory mechanism.
    Case LawsCustoms
    Show AI Summary
    Classification of gear components as machinery parts under tariff 8483 rather than as motor vehicle parts, based on nature and function.
    Dispute on whether imported gear reduction blanks and related transmission components should be classified under tariff item 8483 as machinery parts or under tariff item 8708 as motor vehicle parts; prior rulings and interpretation of chapter notes direct classification to 8483 where the components are standalone gear or transmission parts rather than integral vehicle assemblies.
    Case LawsService Tax
    Show AI Summary
    Right to be heard: foreclosure of the right to reply violates natural justice, requiring fresh adjudication with hearing.
    Foreclosure of the noticee's opportunity to respond to a notice breaches the right to be heard and principles of natural justice. Where the adjudicating authority has foreclosed the reply, the matter should be returned to the original authority for fresh adjudication after the noticee is given opportunity to reply and to present factual and legal submissions, and after the authority issues notice of intent and completes adjudication with procedural fairness.
    Case LawsCorporate Laws
    Show AI Summary
    Duomatic principle upheld: unanimous member acquiescence prevents oppression or mismanagement findings in family company governance dispute.
    The Duomatic Principle was applied to validate informal corporate acts where members gave unanimous or tacit assent: a director's withdrawal of resignation, the appointment of a managing director, and share transfers were held bona fide and not fraudulent. The appellant's prior knowledge and acquiescence estopped subsequent challenges, and she lacked locus to sue on behalf of trusts. Fraud remains an exception to Duomatic application; absent fraud and public prejudice, the facts did not constitute oppression or mismanagement.
    Case LawsCorporate Laws
    Show AI Summary
    Duomatic principle: unanimous member assent can validate informal corporate acts and bar oppression claims without fraud.
    The Duomatic Principle validates informal corporate acts effected with unanimous or tacit member assent, permitting departure from strict statutory formalities where transactions are bona fide and free from fraud. Prior knowledge, acquiescence and estoppel by a complainant can negate claims of oppression or mismanagement arising from appointments, withdrawal of resignations, share transmissions, and conduct of meetings, preserving corporate finality and internal decision-making.
    Case LawsIndian Laws
    Show AI Summary
    Dishonor of cheques enforcement: special courts, pre-summons mediation and a summons portal to reduce case pendency.
    Dishonor of cheques under the Negotiable Instruments Act is being approached through pre-summons mediation, a National Portal for summons, and establishment of special courts in high-caseload districts; proposals include using retired judicial officers and court staff, with coordination among the Union, High Courts and State Governments to reduce pendency in proceedings arising from cheque dishonour.
    Case LawsIndian Laws
    Show AI Summary
    Dishonor of cheques procedure: streamline service of summons and preserve magistrate discretion on trial conversion.
    Dishonour of cheques proceedings require prompt service of summons and retention of summary-trial procedures; reforms include shortening dishonour-slip practices, mandatory contact disclosure, creating a nodal agency for electronic service and issuing unique dishonour identifiers. Magistrates must record reasons when converting summary trials into summons trials; summary-trial procedure applies as far as may be. Inquiry mechanisms under the Code permit affidavits and document examination to test sufficiency of grounds. High Courts should direct that service in one complaint arising from the same transaction be treated as deemed service for related complaints and encourage use of inherent powers and mediation to reduce pendency.
    Case LawsIndian Laws
    Show AI Summary
    International commercial arbitration: sole proprietorships qualify when a party has a foreign nexus, triggering arbitration rules.
    A sole proprietorship is equated with its proprietor and, when a party has a foreign nexus-foreign national status, habitual residence abroad, foreign incorporation, or foreign government involvement-the dispute qualifies as international commercial arbitration, even if that party operates through a local office; statutory procedures govern appointment of arbitrators and extraordinary discretionary relief cannot bypass those appointment mechanisms.
    Case LawsCustoms
    Show AI Summary
    Summons issuance to company management must target authorised representatives, not routinely the managing director absent necessity.
    Issuance of summons under section 108 should ordinarily be made to a Board authorised company representative; summonses to top management, including the managing director, are to be used sparingly only where representatives are non cooperative or there is demonstrable necessity. Administrative Circular guidance requires this sequence and places responsibility on departmental officers, including Collectors, to enforce these procedural limits.
    Case LawsIndian Laws
    Show AI Summary
    Cognisable offence status: Copyright infringement is cognisable and non-bailable, allowing criminal proceedings to continue.
    The legal classification of copyright infringement offences depends on the imprisonment bracket in the Code's schedule: offences meeting the statutory threshold qualify as cognisable, while lesser-punishment offences are non-cognisable. Applied to the relevant copyright provisions, the correct legal consequence is to treat the infringing conduct as a cognisable and non-bailable offence, allowing FIR registration and investigation to proceed under the Code's procedures.
    Case LawsIndian Laws
    Show AI Summary
    Writ jurisdiction protects rights against arbitrary administrative action, permitting High Court supervisory challenges to commission orders.
    Writ jurisdiction under Articles 32 and 226 allows enforcement of fundamental rights via writs such as Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition, particularly where no statutory appeal exists; challenges to National Consumer Disputes Redressal Commission orders may be pursued before the High Court under its supervisory jurisdiction, with any interim relief subject to the rigours and constitutional limits of Article 227.
    Case LawsIncome Tax
    Show AI Summary
    Abuse of revenue authority: improper recoveries and refund adjustments contrary to statutory stay and intimation safeguards.
    The note addresses revenue practice of effectuating recoveries and adjusting taxpayer refunds without complying with statutory safeguards, characterising such conduct as an abuse of authority and a breach of constitutional taxation limits under Article 265. It emphasises that filing an appeal precludes an assessee from being treated as an 'assessee in default' for recovery purposes under the statutory stay framework, and that automatic adjustment of refunds against demands without prior intimation and opportunity of hearing conflicts with the statutory process for refund adjustment and recovery.
    Case LawsIBC
    Show AI Summary
    Suspension of limitation: moratorium under the insolvency code halts limitation, prioritising resolution before limitation resumes post-resolution.
    Section 60(6) of the Insolvency and Bankruptcy Code suspends the running of limitation for as long as a company is under the moratorium imposed by Section 14, and this suspension should be read in harmony with the Resolution Professional's duty under Section 25(2)(b). Insolvency shifts control from the company's management to the Resolution Professional and the Committee of Creditors, who focus on resolution rather than litigation, and limitation resumes when the company emerges from insolvency.
    Case LawsGST
    Show AI Summary
    Reverse charge on ocean freight invalidated as conflicting with composite supply and double taxation principles.
    Notifications 08/2017 and 10/2017 that impose tax on ocean freight in CIF contracts by treating the importer as the recipient under a Reverse Charge Mechanism were challenged as ultra vires, producing double taxation because freight is included in customs value, lacking territorial nexus, and mischaracterising the exporter/importer relationship; the Supreme Court refused to treat GST Council recommendations as binding and held that separate taxation of the freight service contravenes the statutory composite supply framework.

    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