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Act Rules Income Tax
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Stay of recovery: mandatory pause during granted payment time and while appeal-linked reductions remain pending.
Section 415 requires the Tax Recovery Officer to grant time for payment and stay recovery during that period, and to stay recovery of any portion of a certificate corresponding to a reduced demand while related proceedings remain pending; where the order giving rise to the demand is modified and becomes final, the Officer must amend or cancel the certificate. The Act's enacted text links reductions specifically to modification of the order giving rise to the demand, narrowing the Bill's broader phrasing.
Act Rules Income Tax
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Payment deadline for tax demands triggers monthly interest and potential acceleration on instalment default, while relief may be available.
Clause 411 makes amounts in a notice of demand payable ordinarily within thirty days of service, permits the AO with Joint Commissioner approval to shorten that period, and charges simple monthly interest from the day after the due date until payment. The AO may extend time or allow instalments on timely application, but any instalment default accelerates the whole outstanding amount. Commissioners may reduce or waive interest for genuine hardship or circumstances beyond control, subject to cooperation and procedural safeguards. Where foreign law prevents remittance, the non remittable portion must not be treated as in default.
Act Rules Income Tax
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Advance tax obligation: taxpayers must self estimate income and pay instalments, with permitted adjustments to remaining payments.
Every person liable to pay advance tax must remit instalments based on the assessee's own estimate of current income (the specified sum) and the tax thereon, calculated by the prescribed method and paid at prescribed instalment percentages and due dates; taxpayers may increase or reduce amounts in remaining instalments to reflect revised estimates, and the clause itself defines specified sum but is silent on exceptions, enforcement, interest, penalties and procedural recordkeeping.
Act Rules Income Tax
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Withholding definitions expanded to include both incorrect deduction and collection rates, increasing administrative scrutiny of statements.
Section 402 provides the definitional framework for deduction and collection at source, specifying who is a person responsible for paying, buyer, seller and other categories, and defining transactional terms including rent, immovable property and digital-economy roles. The Act expands the concept of an "incorrect claim apparent from any information in the statement" to cover both incorrect rates of deduction and incorrect rates of collection, thereby enabling identification of filing errors from statements alone. Turnover thresholds and carve-outs determine when withholding obligations arise; several definitions rely on cross-references to external provisions.
Act Rules Income Tax
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Deemed assessee in default for non-deduction or non-collection of tax exposes deductors/collectors to interest and asset charge.
Failure to deduct, collect, or pay tax causes the person required to do so to be deemed an assessee in default, liable for interest on delayed deduction/collection and on delayed payment, and, where tax has been deducted or collected but not paid, the tax and interest form a statutory charge on all assets; a safe harbour exists if the recipient has filed a return, included the amount and paid tax and the deductor/collector produces the prescribed accountant's certificate, while penalty can be imposed only if the assessing officer is satisfied there were no good and sufficient reasons for the failure.
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Certificates for lower tax withholding enable AO-issued rates or nil deduction and proportionate nonresident withholding relief.
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Collection of tax at source: TCS on specified receipts with exemptions, non cumulation and documentation duties.
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Act Rules Income Tax
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Tax withholding obligations expanded to cover e-commerce and virtual asset transfers, with precedence rules to prevent multiple deductions.
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Act Rules Income Tax
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Deduction of tax at source on salaries: payer obligation to withhold at average rate and trustees to withhold on accumulations.
Section 392 places primary TDS obligation on payers of salary to deduct tax at the time of payment at the average rate on estimated annual income; employers may opt to pay tax on non monetary perquisites. Trustees of recognised provident and superannuation funds must deduct tax where Schedule XI applies, with a specified 10% withholding rule for certain employees' provident fund accumulations. The enacted text tightens prescribed form and verification requirements, alters a cross reference to section 17, and expressly permits eligible start ups to "deduct or pay, as the case may be."
Act Rules Income Tax
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Withholding tax and advance payments operate independently of assessment, securing provisional tax credits and rule making authority.
Deduction or collection at source, advance payment, and specified payments under section 392(2)(a) operate independently of later assessment and are additional to other recovery measures; amounts remitted to the Central Government are treated as tax paid on behalf of the person from whose income tax was deducted, from whom tax was collected, or in respect of whose income tax was paid, and the Board may make rules for crediting such amounts and for attributing the tax year for credit.
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Procedure on receipt of application: Board must forward application, call records, hear applicant, and issue certified rulings promptly.
Clause 384 requires the Board for Advance Rulings to forward an application to the Principal Commissioner/Commissioner, call for relevant records, and, after examining the application and records, either allow or reject the application by order. Mandatory rejection grounds include pending proceedings before tax authorities or tribunal, questions on fair market value, and transactions prima facie for tax avoidance, subject to exceptions. Rejection cannot occur without offering an opportunity to be heard and recording reasons; allowed applications must receive a written ruling within the prescribed timeframe and certified copies are to be transmitted to the applicant and assessing officer.
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Applications for an advance ruling must be made in the form and manner, and accompanied by the fee, as prescribed, with an applicant permitted to withdraw the application within thirty days; the provision delegates prescription of form, manner and fee to subordinate rules, and the enacted text removes a quadruplicate filing requirement and a fixed monetary benchmark previously stated in the Bill, thereby increasing administrative flexibility while placing compliance dependence on subsequent rules.
Act Rules Income Tax
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Revision of orders prejudicial to revenue empowers Competent Authority to revisit AO/TPO orders and direct fresh assessments.
The Competent Authority may call for and examine records of any proceeding and, if satisfied an AO or Transfer Pricing Officer's order is erroneous and prejudicial to revenue, may revise that order after giving the assessee an opportunity of being heard and making such inquiry as necessary; revision can enhance, modify, cancel or direct a fresh assessment, extends to AO/TPO functions and matters not decided in appeal, and is subject to a two-year limitation with specified exclusions and an exception to give effect to appellate findings.
Act Rules Income Tax
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Identical question procedure: deferral and preservation of departmental appeals pending a controlling higher court decision.
The provision creates an administrative mechanism where a Board specified collegium may determine that an identical question of law is pending in another case before a High Court or the Supreme Court and, on that basis, direct restraint from immediate departmental appeal while requiring a prescribed application to preserve the right to appeal later; if the assessee accepts identity the Assessing Officer files the application, otherwise the department proceeds with ordinary appeals, and subsequent appeals may be filed if the higher court decision does not sustain the earlier favourable order.
Act Rules Income Tax
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Identity of question of law enables taxpayer to seek application of pending higher-court decision and waive further appeals.
Section 375 provides an overriding procedure by which an assessee may declare that a question of law in a relevant tax-year is identical to a question pending in another case before specified higher fora; upon a prescribed declaration and, where applicable, a report and hearing involving the Assessing Officer, the assessing or appellate authority may admit or reject the claim by final written order and, if admitted, may dispose of the relevant case and later apply the final decision in the other case by amending earlier orders in conformity.
Act Rules Income Tax
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Appealability to Joint Commissioner (Appeals) expanded to include deductors and collectors, broadening standing to challenge subordinate tax orders.
Appealability to the Joint Commissioner (Appeals) covers specified subordinate Assessing Officer orders-intimations involving adjustments, assessment, reassessment, recomputation, specified assessment orders, penalties, and amendments thereto-with appeals barred if the impugned order was passed by or with prior approval of an authority above Deputy Commissioner. The enacted text expands standing to include deductors and collectors alongside assessees, clarifies objection language regarding adjustments, provides transfer powers between appellate authorities with a rehearing right on transfer, and permits Central Government schemes and Board exemptions to alter procedural or jurisdictional application.
Act Rules Income Tax
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Related-person tests broadened to include relatives' concerns and donor-threshold triggers, expanding scrutiny over non-profit transactions.
Section 355 defines terms governing registered non-profit organisations and related actors, including anonymous donation, approval, donation, commercial activity, registration, registered non-profit organisation, related person, relative, residual income, specified asset, specified person, specified provision, substantial interest and value. The definitions establish donor-based related-person thresholds, treat fee-for-service activities as commercial activity irrespective of income application, set a twenty-percent threshold for substantial interest in companies and concerns, and attribute specified assets based on acquisition source and timing, with certain carve-outs and cross-references to other Act provisions.
Act Rules Income Tax
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Approval for donor deduction requires statutory compliance with eligibility conditions, reporting and timelines, affecting charitable organisations' donor benefits.
Approval for donations under section 133(1)(b)(ii) requires application by a registered non-profit or specified person and satisfaction of seven conditions concerning charitable purpose, non-discrimination, limits on religious-nature expenditure, asset-use restrictions, regular accounts, prescribed statements and donor certificates. The Principal Commissioner or Commissioner has inquiry powers and fixed decision timelines; approvals have defined validity periods. Key operational elements-definitions, calculation rules for religious expenditure, prescribed forms and Schedule contents-are left to subordinate prescription and are not specified in the text.
Act Rules Income Tax
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Taxation of non-profit compliance failures: converts regular income into taxable income and restricts deductible expenditure.
Section 353 converts a registered non-profit's regular income for a tax year into taxable regular income where the organisation fails book-keeping, audit or return obligations or carries on prohibited commercial activity, permitting reduction only by narrowly specified expenditure incurred in India and subject to exclusions (not from corpus, not from borrowings, no capital expenditure, depreciation and payment restrictions), while additionally subjecting specified and residual incomes not included under that conversion to tax and displacing special-treatment provisions.

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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

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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 Income Rate of Tax
1 Upto Rs. 4,00,000 Nil
2 Rs. 4,00,001 to Rs. 8,00,000 5%
3 Rs. 8,00,001 to Rs. 12,00,000 10%
4 Rs. 12,00,001 to Rs. 16,00,000 15%
5 Rs. 16,00,001 to Rs. 20,00,000 20%
6 Rs. 20,00,001 to Rs. 24,00,000 25%
7 Above Rs. 24,00,000 30%

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 

Aspect Section 115BAC of the Income-tax Act, 1961 Clause 202 of the Income Tax Bill, 2025
Applicability Initially individuals & HUFs; later expanded to AOPs, BOIs, artificial juridical persons Explicitly 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/Deductions Broadly 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-off No set off of losses or depreciation attributable to disallowed deductions; no set off of house property loss with other heads Same principle, with explicit deeming provision for losses/depreciation
Option Mechanism Option exercised via prescribed forms (Form 10-IE/10-IEA); business/professional income assessees have stricter withdrawal/re-entry rules Similar mechanism, with reference to procedural rules and stricter withdrawal/re-entry restrictions
IFSC Units Deduction u/s 80LA available to IFSC units under specified conditions Similar 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.

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Acts Income Tax