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    Supervisory power of Joint Commissioner permits binding directions in pending assessments, with a hearing before any prejudicial direction.
    Clause 272 empowers the Joint Commissioner to intervene in any pending assessment by suo motu action, AO reference, or assessee application, to call for records and issue directions that are binding on the Assessing Officer where deemed necessary or expedient; no direction prejudicial to the assessee may be issued without an opportunity of being heard, while directions prescribing lines of investigation are not treated as prejudicial.
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    Best judgment assessment: requirement of notice and opportunity to be heard before AO determines taxpayer's liability under reformed assessment framework.
    Clause 271 creates a mechanism for best judgment assessment where the AO may assess income or loss when an assessee defaults on filing returns or complying with statutory notices; the AO must consider all relevant materials, issue a show cause notice affording an opportunity of being heard (subject to an exception where an earlier notice suffices), and determine the sum payable based on his best judgment, with certain interpretative ambiguities left for administrative or judicial clarification.
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    Assessment procedure modernization strengthens mandatory intimation and centralized processing, enhancing taxpayer engagement and procedural certainty.
    Clause 270 modernises return assessment by allowing specified prima facie adjustments (arithmetical errors, incorrect claims apparent from the return, late loss set-off, audit discrepancies, late deductions) only after mandatory written or electronic intimation and consideration of the assessee's response; acknowledges deemed intimation where no adjustment arises; fixes an outer deadline for intimation; permits authorised officers to select cases for scrutiny within a prescribed period and requires written assessment orders after evidence is considered; and provides safeguards for exempt entities and non-profits while enabling centralised, technology-driven processing schemes.
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    Faceless tax administration: broad power to frame schemes and modify statutory application for digitalised tax processes.
    Clause 532 authorises the Central Government to make schemes by notification for any purpose under the Income Tax Bill, 2025, aiming to enhance efficiency, transparency, and accountability by reducing taxpayer-official interface and optimising resource utilisation. For implementation, the Government may issue notifications that disapply or modify provisions of the Act, and may amend schemes previously framed under the 1961 Act; every such notification must be laid before each House of Parliament. The Board may be empowered to make schemes subject to control of the Central Government.
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    Valuation references: statutory regime for Valuation Officer reports, with procedural safeguards and enforceable reporting timelines.
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    Inquiry before assessment: AO empowered to call for documents and order special audits, with senior approval and procedural safeguards.
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    Updated return taxation requires prior payment of tax, interest, fees and graded additional tax before filing an updated return.
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    Self-assessment obligation: pay tax, interest and fees before filing return, with proof, or face default consequences.
    Clause 266 requires payment, before filing the return, of any tax payable together with interest and fee and proof of such payment; payments short are appropriated in the order fee, then interest, then tax; interest is computed after reducing advance tax, TDS/TCS and specified reliefs and credits; ''assessed tax'' is defined as tax on returned income reduced by those credits and reliefs; failure to pay renders the assessee an assessee in default and triggers recovery and penal consequences without prejudice to other liabilities.
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    Verification of returns: clarified authorised signatories and integration of insolvency professionals, with some procedural ambiguities remaining.
    Clause 265 modernises verification of returns by enumerating, in tabular form, the persons authorised to verify returns for specified taxpayer categories, preserving traditional authorities (individual, Karta, managing/designated partner, principal officer, CEO) while incorporating insolvency professionals for entities under insolvency. The Bill omits an explicit "absence from India" reference for individuals and does not expressly require attachment of powers of attorney for non-resident companies, raising potential evidentiary and interpretive issues. The provision allows designation of "other persons as prescribed," aligning the statute with Rule 12AA but requiring careful subordinate rule-making.
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    Electronic filing rules broaden CBDT authority to require verification, disclosures, and secure transmission for tax returns.
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    Return filing modernization enables rulemaking for electronic forms, verification, and document on demand in a risk based regime.
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    Permanent Account Number and Aadhaar integration expands mandatory identification and digital authentication for specified transactions and filings.
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    Act RulesBills
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    Mandatory Return Filing expands scope and tightens timelines while enabling updated returns with safeguards.
    Clause 263 consolidates and expands return-filing obligations by listing classes of mandatory filers, requiring threshold income computation without regard to specified exemptions, defining key terms such as beneficial owner and specified entity, prescribing differentiated due dates, authorising rule-making for electronic filing and return particulars, providing a nine-month window for belated and revised returns, maintaining a forty-eight-month updated return regime subject to specified exclusions, and setting a procedure for defective returns with a rectification period and potential invalidation if unrectified.
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    Controlled disclosure of taxpayer information limited by a public interest test, with executive power to restrict access and final administrative decisions.
    Clause 258 authorises income tax authorities to disclose information obtained in the discharge of their functions to other tax, duty, cess, or foreign exchange authorities and to notified bodies, constrained by necessity and a public interest limitation; it allows private parties to apply for information subject to satisfaction of senior tax officials and renders disclosure decisions final and non justiciable, while empowering the Central Government by notification to restrict furnishing of information for specified classes of assessees or authorities.
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    Deemed judicial status for tax proceedings brings perjury and court grade procedural safeguards to tax adjudication processes.
    Clause 257 treats proceedings before income tax authorities as judicial proceedings and deems those authorities to be Civil Courts for specified sections of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, thereby subjecting participants to penal provisions for false evidence, insult to authority, and related offences while preserving a complaint based procedural safeguard for initiating prosecutions through the income tax authority.
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    Faceless collection of information: executive empowered to implement digital, non interface tax information schemes with parliamentary oversight.
    Clause 260 empowers the Central Government, by notification, to create a faceless collection of information scheme for calling for and collecting tax information, inspecting company registers, and exercising assessing powers, enabling elimination of physical interfaces, centralised resource optimisation, team based dynamic jurisdiction, and exceptions or modifications to other statutory provisions to implement the scheme, with the requirement that notifications be laid before both Houses of Parliament.
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    Powers of competent authority: generic clause grants Assessing Officer equivalent enquiry powers, raising definition and safeguard concerns.
    Clause 256 gives a competent authority the power to make any enquiry under the Act with all the powers of an Assessing Officer, mirroring Section 135 of the 1961 Act but replacing an enumerative list of officials with a generic term whose scope depends on definitions and notifications; the clause defers procedural safeguards to the general framework of the Act, making clear definition and transparent designation critical to avoid arbitrariness and jurisdictional overlap.
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    Inspection of company registers enables tax units to verify ownership and financial interests under faceless assessment reforms.
    Inspection of company registers authorises specified income-tax authorities to inspect and copy registers of members, debenture holders and mortgagees to verify ownership and transactions; such inspections require specific written authorisation and Clause 255 expands exercisable authority to unit-based entities like assessment and verification units, enabling centralized and faceless access while raising questions on necessity thresholds, coverage of electronic records, and procedural safeguards.

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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 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.


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

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