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
    NewsBills
    Inclusion of retail schemes and Exchange Traded Funds (ETFs) in the existing relocation regime of fu...
    NewsBills
    Extension of date of making investment by Sovereign Wealth Funds, Pension Funds & others and rationa...
    NewsBills
    Scheme of presumptive taxation extended for non-resident providing services for electronics manufact...
    NewsBills
    Extension of benefits of tonnage tax scheme to inland vessels
    NewsBills
    Simplification of tax provisions for charitable trusts/institutions
    NewsBills
    Rationalisation of ‘specified violation’ for cancellation of registration of trusts or instituti...
    NewsBills
    Period of registration of smaller trusts or institutions
    NewsBills
    Rationalisation of persons specified under sub-section (3) of section 13 for trusts or institutions
    NewsBills
    Rationalisation in taxation of Business trusts
    NewsBills
    Harmonisation of Significant Economic Presence applicability with Business Connection
    NewsBills
    Bringing clarity in income on redemption of Unit Linked Insurance Policy
    NewsBills
    Amendment of Definition of ‘Capital Asset’
    NewsBills
    Extension of timeline for tax benefits to start-ups
    NewsBills
    Rationalisation of taxation of capital gains on transfer of capital assets by non-residents
    NewsBills
    Rationalization of tax deducted at source (TDS) rates
    NewsBills
    TDS rate reduction for section 194LBC
    NewsBills
    TDS threshold rationalization TDS provisions have various thresholds of amount of payment or amount ...
    NewsBills
    Section 193 – Interest on securities
    NewsBills
    Section 194 – Dividends
    NewsBills
    Section 194A – Interest other than interest on securities
❯❯
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
    NewsBills
    Show AI Summary
    Tax-neutral relocation: inclusion of retail schemes and ETFs in IFSC resultant fund definition enables tax-neutral transfers for investors.
    The amendment adds retail schemes and Exchange Traded Funds (ETFs) established and regulated in the IFSC to the definition of resultant fund, so that transfers by investors of shares, units or interests in an original fund in exchange for interests in such IFSC funds are not treated as transfers for capital gains purposes, preserving the tax-neutral nature of relocations into IFSC funds.
    NewsBills
    Show AI Summary
    Long-term capital gains exemption for sovereign wealth and pension funds extended; investment deadline moved to 2030, effective April.
    Clause (23FE) of section 10 is amended to exclude long-term capital gains arising from investments in India from the total income of specified persons, even if such gains are deemed short-term under section 50AA, and to extend the qualifying investment date from 31st March, 2025 to 31st March, 2030; the amendments take effect from 1st April, 2025.
    NewsBills
    Show AI Summary
    Presumptive taxation for non-resident service providers to electronics manufacturing facilities creates a deemed profit basis, reducing effective tax.
    A presumptive taxation regime under proposed section 44BBD deems a fixed proportion of aggregate amounts received/receivable or paid/payable to non-residents for providing services or technology to resident companies establishing or operating electronics manufacturing or connected facilities under a Central Government notified scheme as profits and gains, simplifying tax treatment and lowering the effective tax on gross receipts, subject to prescribed conditions and rules.
    NewsBills
    Show AI Summary
    Tonnage tax extension to inland vessels allows eligible inland ships to opt into the tonnage tax regime from AY 2026 27.
    Inland vessels registered under the Inland Vessels Act, 2021 are made eligible as qualified ships for the tonnage tax regime by aligning the income tax definition of inland vessels with that Act and by introducing corresponding amendments to extend tonnage tax benefits to inland vessels. The amendments are effective from 1 April 2026 and apply to the assessment year 2026 27 and subsequent assessment years.
    NewsBills
    Show AI Summary
    Charitable trust tax exemption requires registration and compliance with application, approval and cancellation procedures under the law.
    Income of a trust or institution is exempt only if it meets statutory conditions and maintains registration; one provision governs the application procedure to obtain registration to claim exemption, another governs approval and cancellation of registration, and a separate provision disqualifies exemption where specified conditions are not satisfied.
    NewsBills
    Show AI Summary
    Specified violation classification: incomplete registration applications excluded from grounds for cancellation under section 12AB, limiting tax exposure.
    The Finance Bill amends the Explanation to sub section (4) of section 12AB to provide that situations in which the application for registration of a trust or institution is not complete shall not be treated as a specified violation for purposes of cancellation of registration, thereby excluding mere incompleteness of the registration application from grounds that could trigger cancellation and consequent taxability under Chapter XII EB.
    NewsBills
    Show AI Summary
    Registration period for smaller trusts extended to reduce compliance where income and application criteria are met.
    The period of registration for trusts or institutions that apply under the specified application categories of section 12A(1)(ac) will be extended from five years to ten years where the total income, before applying sections 11 and 12, does not exceed the stated income threshold in each of the two preceding years; the change aims to reduce compliance for smaller trusts and will take effect from 1 April 2025.
    NewsBills
    Show AI Summary
    Substantial contribution threshold revised, narrowing specified persons and excluding relatives and related concerns from applicability.
    The amendment recalibrates the substantial contribution test by raising annual and aggregate contribution thresholds so that only larger contributors qualify as specified persons, and excludes relatives and concerns in which such contributors have substantial interest from the specified persons list; the changes apply prospectively from the Finance Bill's commencement date.
    NewsBills
    Show AI Summary
    Taxation of business trusts clarified: long-term capital gains treatment for units preserved alongside maximum marginal rate application.
    The Finance Bill amends the taxation of business trusts to clarify that a business trust's total income remains taxable at the maximum marginal rate but subject to the long-term capital gains provision applicable to units of a business trust, thereby preserving pass-through taxation of interest, dividend and rental income in the hands of unit holders and explicitly aligning capital gains treatment with the special regime for REITs and InVITs.
    NewsBills
    Show AI Summary
    Significant economic presence exclusion clarified: purchases in India solely for export do not create business connection and are excluded.
    Amendment clarifies that transactions confined to the purchase of goods in India for export by a non resident shall not constitute Significant Economic Presence and therefore shall not constitute a Business Connection in India under section 9, aligning Explanation 2A with the exclusion in Explanation 1 and preserving the non taxable character of purchase for export operations.
    NewsBills
    Show AI Summary
    Capital treatment of ULIP redemptions clarified: ULIPs without insurance exemption taxed as capital gains and treated as capital assets.
    The proposal treats Unit Linked Insurance Policies for which the insurance-exemption does not apply as capital assets, mandates that profits on their redemption be taxed as capital gains, and includes those ULIPs within the definition of equity oriented funds for preferential capital-gains treatment; the measure responds to an existing premium-based exemption threshold and distinguishes non-ULIP life policy proceeds taxed as income from other sources where exemption is inapplicable.
    NewsBills
    Show AI Summary
    Capital asset classification: securities held by specified investment funds treated as capital assets, producing capital gains treatment.
    The Act is amended to treat securities held by investment funds that acquired them in accordance with securities-market regulations as capital asset, so that any income from their transfer will be treated as capital gain; the amendment applies prospectively from the specified commencement and to subsequent assessment years.
    NewsBills
    Show AI Summary
    Start-up tax deduction extended, expanding eligibility for newly incorporated start-ups to a later cutoff while retaining certification conditions.
    Amendment extends the temporal eligibility for the startup tax deduction, preserving the mechanism that permits an eligible start up to claim a full deduction of profits for a limited number of assessment years from the year of incorporation, conditional on meeting the turnover ceiling, holding an eligibility certificate from the inter ministerial board, and making the elective claim; the amendment moves the incorporation cutoff forward and takes effect from 1 April 2025.
    NewsBills
    Show AI Summary
    Taxation of long-term capital gains increased for non-resident securities transfers to align rates with the resident regime.
    The Finance Bill proposes amending section 115AD so that income-tax on long-term capital gains arising from transfer of securities (other than units under section 115AB) not covered by section 112A, when included in the total income of specified funds or foreign institutional investors, shall be calculated at the harmonised higher rate applicable to other assessees, with effect from the specified assessment year.
    NewsBills
    Show AI Summary
    Rationalization of TDS rates aims to simplify withholding rules and raise applicability thresholds to improve compliance and business ease.
    Rationalization of Tax Deduction at Source (TDS) rates is proposed in the Union Budget 2025 26 and Finance Bill, 2025, to simplify multiple TDS rates and raise threshold limits for applicability, with the aim of reducing fragmentation, lowering compliance burdens, and promoting ease of doing business.
    NewsBills
    Show AI Summary
    TDS rate reduction for securitisation trust payments under section 194LBC lowers withholding and eases compliance.
    The Finance Bill reduces TDS under section 194LBC on income paid by securitisation trusts to resident investors from the earlier rates of 25% (individuals/HUF) and 30% (others) to a uniform 10%, on the basis that the sector is sufficiently organised and regulated; the amendment takes effect from 1 April 2025 as Clause 63 of the Bill.
    NewsBills
    Show AI Summary
    TDS threshold rationalization raises and standardizes withholding triggers, reducing routine tax deductions on smaller payments.
    The proposal titled TDS threshold rationalization raises and standardizes the monetary thresholds that trigger tax deduction at source for multiple categories-interest (including securities), dividends to individuals, mutual fund/unit incomes, various winnings, insurance commission, lottery-related income, brokerage and commission, professional and technical fees, rent, and enhanced compensation-altering per-transaction and annual benchmarks and distinguishing treatment by payer type and payment mode for withholding obligations.
    NewsBills
    Show AI Summary
    TDS on interest on securities: threshold increased to reduce small-value deductions and limit routine withholding.
    Section 193 requires deduction of tax on interest on securities at time of credit or payment to a resident. The Finance Bill, 2025 proposes that tax shall be deducted under this section only when the amount or aggregate amount of interest on securities exceeds a specified monetary threshold during a financial year, and consequentially amends the proviso relating to debenture interest; the amendment takes effect from 1 April 2025.
    NewsBills
    Show AI Summary
    Dividend tax withholding: higher exemption threshold for individual shareholders reduces small-payment TDS obligations from next fiscal year.
    Section 194 requires the principal officer of an Indian company, or a company with prescribed arrangements for dividend payments (including preference shares), to deduct tax at source from dividend payments to resident shareholders at the rate provided in the section. The Finance Bill raises the aggregate exemption threshold for individual shareholders under the first proviso so that no tax is required to be deducted on small aggregate dividend payments, with the amendment effective from the start of the next fiscal year.
    NewsBills
    Show AI Summary
    TDS on interest thresholds increased, raising exemption limits for banks, cooperatives and post office deposits next fiscal year.
    Amendments raise thresholds under Section 194A for deduction of tax at source on interest other than interest on securities, increasing payer-specific limits for banks, cooperative banks, certain cooperative societies and notified post office deposits from forty thousand to fifty thousand and raising the baseline for other payers from five thousand to ten thousand; senior citizen thresholds for the specified payer categories are increased to one hundred thousand and to ten thousand for other payers. The revised thresholds take effect from the first day of the fiscal year beginning April 1, 2025.

    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