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
    ManualsIncome Tax
    Whether a person is allowed HRA exemption even if he do not have the HRA component in his salary but...
    ManualsIncome Tax
    Whether exemption of HRA is allowed if rent is paid to any family members?
    ManualsIncome Tax
    What is the treatment of payment at the time of termination from un-recognised provident fund u/s 10...
    ManualsIncome Tax
    Whether a husband-wife both can claim LTA u/s 10(5)?
    ManualsIncome Tax
    Is it possible to claim LTA Twice in a Year u/s 10(5)?
    ManualsIncome Tax
    Can the Leave travel concession u/s 10(5) be carried forward?
    ManualsIncome Tax
    Can an individual claim the LTA u/s 10(5) in case of Switch of JOB?
    ManualsIncome Tax
    What type of expenses are covered under Leave Travel expense u/s 10(5)?
    ManualsIncome Tax
    Whether the exemption u/s 10(38) is avaliable if the transaction is undertaken on a stock exchange l...
    ManualsIncome Tax
    Whether Shares acquired as Gift from someone, are eligible for exemption u/s 10(38) at the time of s...
    ManualsIncome Tax
    Whether an enhanced compensation by any court or other authority shall be included u/s 10(37)?
    ManualsIncome Tax
    Whether the income on transfer of units is also exempt u/s 10(35)?
    ManualsIncome Tax
    Whether the exemption u/s 10(34A) on income arising due to buyback of shares applies on Long Term Ca...
    ManualsIncome Tax
    What are the cases where any sum received for life insurance policy u/s 10(10D) shall be exempt.
    ManualsIncome Tax
    What type of incomes shall be exempted u/s 10(8)?
    ManualsIncome Tax
    What are the conditions specified u/s 10(23A) for claiming exemption on Income of some Professional ...
    ManualsIncome Tax
    What are the conditions as specified u/s 10(21) to avail exemption of any income of a research assoc...
    ManualsIncome Tax
    As per section 10(19A), if the annual value of any one palace in the occupation of a former ruler, i...
    ManualsIncome Tax
    Whether any amount received as family pension by any member of the family of an individual who has b...
    ManualsIncome Tax
    A partner of the firm/LLP receives interest on capital and remuneration from the firm/LLP. Whether s...
❯❯
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
    ManualsIncome Tax
    Show AI Summary
    HRA exemption: tenants without an HRA salary component may claim rent relief by meeting Section 80GG conditions.
    An individual who does not receive House Rent Allowance as part of salary may claim the deduction for rent paid under Section 80GG, provided the statutory conditions and documentation for that provision are met.
    ManualsIncome Tax
    Show AI Summary
    HRA exemption: rent paid to family members can qualify for tax relief, but payments to a spouse are not allowed.
    HRA exemption is available when an individual pays rent to family members and resides with them, provided the standard conditions for claiming HRA under salary exemptions are met; rent paid to a spouse is not accepted for HRA exemption.
    ManualsIncome Tax
    Show AI Summary
    Tax treatment of termination payments from unrecognised provident funds: employer contributions treated as salary; employee contributions exempt.
    Employee contributions on termination from an un-recognised provident fund are exempt from tax, while interest on those employee contributions is taxable as Income from Other Sources. Employer contributions and interest thereon are treated as salary income; recipients may claim available relief for the salary-characterised portion under the statutory relief mechanism for salary receipts.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance exemption: spouses may each claim from their employers but not for the same journey.
    Both spouses may claim exemption for Leave Travel Allowance (LTA) from their respective employers as a salary-specific exemption, but both cannot claim exemption for the same journey.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance (LTA) claim limited to one journey per year; two journeys in a block cannot both be claimed together.
    Leave Travel Allowance (LTA) under section 10(5) permits two journeys in a block of four years, but the exemption can be claimed for only one journey in a single year, so both journeys cannot be claimed in the same year.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance carry forward permitted, claimable in first year of next block under income tax rules.
    Carry forward of Leave Travel Allowance under the income tax exemption regime is permitted when the allowance remains unused and may be claimed in the first year of the next block, preserving the tax-exempt benefit for the taxpayer into the subsequent block.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance entitlement can be claimed from both current and former employer if prior LTA remains unutilized.
    An individual who switches jobs may claim Leave Travel Allowance (LTA) from both the current employer and the former employer provided the former employer's LTA concession remains unutilized; the entitlement is limited to recovery of that unutilized salary-specific exemption and does not extend beyond the unutilized LTA benefit.
    ManualsIncome Tax
    Show AI Summary
    Leave travel expense covers only the cost of travel; accommodation and meals are excluded from tax exemption.
    Leave travel benefits under section 10(5) are confined to the cost of travel itself and do not extend to ancillary expenses; incidental outlays such as food, hotel accommodation, and similar subsistence expenses are excluded from the scope of the travel expense exemption.
    ManualsIncome Tax
    Show AI Summary
    Exemption under section 10(38) available when transaction is on an IFSC exchange and consideration is in foreign currency.
    Exemption from long term capital gains under 10(38) applies despite non payment of Securities Transaction Tax if the transfer is on a recognised stock exchange in an International Financial Service Centre and the consideration is paid or payable in foreign currency.
    ManualsIncome Tax
    Show AI Summary
    Exemption under Section 10(38) applies to gifted shares on sale if the prior owner did not acquire them in a disqualifying manner.
    Shares received as a gift are eligible for exemption under Section 10(38) on sale, provided the previous owner did not acquire the shares in a manner or under conditions that disqualify them from the exemption.
    ManualsIncome Tax
    Show AI Summary
    Exemption for enhanced compensation confirms enhanced compensation falls within exempted compensation under income tax law.
    Enhanced compensation is treated as part of "compensation" for the purposes of the exemption under 10(37); amounts characterized as enhanced compensation are encompassed by the exemption framework and are not taxable under that provision, as stated in the income tax manual guidance on exempted income.
    ManualsIncome Tax
    Show AI Summary
    Income on transfer of units is not exempt under section 10(35); such transfer income remains taxable.
    Income arising on the transfer of units is not covered by the exemption under 10(35); proceeds from disposal of units are not exempt under that clause and must be treated as taxable transfer income under ordinary tax provisions.
    ManualsIncome Tax
    Show AI Summary
    Exemption on buyback income applies irrespective of short term or long term capital gains for shareholders under income tax law.
    The exemption on buyback income applies to a shareholder's receipt irrespective of the holding period; buyback proceeds are exempt from income tax in the shareholder's hands whether classified as short term or long term capital gains.
    ManualsIncome Tax
    Show AI Summary
    Life insurance exemption under section 10(10D) lists categories where policy receipts are fully tax-exempt from income tax.
    Exemption under Section 10(10D) covers amounts received on life insurance policies in defined categories: proceeds on insurance of a dependent handicapped person, proceeds under key man policies, and proceeds where annual premiums exceed specified proportions of the actual capital sum assured for policies issued in particular periods; proceeds under the premium ratio exceptions are stated to be fully exempt if received on the death of the person.
    ManualsIncome Tax
    Show AI Summary
    Income exemption under Section 10(8): foreign government remuneration for duties in India and foreign-sourced taxable income.
    Exemption under Section 10(8) covers two categories where agreements provide relief: remuneration paid by the foreign State for duties performed in India, and any other income arising outside India that the individual is required to tax as income or social security tax in that foreign State.
    ManualsIncome Tax
    Show AI Summary
    Exemption for professional institutions under section 10(23A) requires Central Government approval and exclusive application of income to objects.
    Exemption under section 10(23A) requires that an institution apply its income, or accumulate it for application, solely to the objects for which it is established, and that the institution be approved by the Central Government; both conditions are cumulative for claiming the exemption.
    ManualsIncome Tax
    Show AI Summary
    Exemption for research association income requires exclusive application to objects and permitted investments with corpus exceptions.
    Exemption requires that the research association apply its income, or accumulate it, wholly and exclusively to its objects, and that funds not be invested or deposited during the previous year except in forms permitted for trusts; exceptions to the investment restriction include assets forming part of the corpus, accretions to shares forming the corpus, and voluntary contributions maintained in kind such as jewellery or furniture.
    ManualsIncome Tax
    Show AI Summary
    Letting of former ruler's palace results in taxable income under section 10(19A), not eligible for exemption.
    If any palace or portion occupied by a former ruler is let out, the rent or annual value of that let-out portion is not exempt and is taxable rather than eligible for the exemption applicable to former rulers.
    ManualsIncome Tax
    Show AI Summary
    Family pension exemption shields dependents of government servants or decorated servicemen from taxable income under income tax law.
    Any amount received as family pension by members of the family of an individual who has been in Government service or has been awarded the Vir Chakra is fully exempted under the relevant income tax provision, and therefore excluded from the recipient's taxable income as an assessee-specific exemption.
    ManualsIncome Tax
    Show AI Summary
    Share of profit exemption: interest on capital and partner remuneration are not covered under the provision.
    The exemption is confined to a partner's share of profit from the firm or LLP and does not extend to interest on capital or to remuneration paid to the partner; such receipts must therefore be treated separately from the profit-share exemption.

    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

      Comparison of Section 28 "Rent, rates, taxes, repairs and insurance" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      21 August, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 28 Rent, rates, taxes, repairs and insurance.

      Income-tax Act, 2025 [As Passed]

      At a Glance

      Document considered: Clause 28 of the Income Tax Bill, 2025 (Old Version) titled "Rent, rates, taxes, repairs and insurance." It sets out categories of deductible expenditures in computing profits and gains of business or profession. It matters to taxpayers carrying on business or profession, lessors/tenants and tax authorities. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: Clause 28 of the Income Tax Bill, 2025 dealing with "Profits and gains of business or profession." Scope: provides that specified amounts shall be allowed as deduction in respect of premises, machinery, plant or furniture "wholly and exclusively" used for business or profession. The clause enumerates categories (insurance premium, land revenue/local rates/municipal taxes, rent when tenant, current repairs when occupied otherwise than as a tenant, and cost of repairs when premises occupied by the assessee as a tenant). Definitions or further explanations: Not stated in the document.

      Statutory Provision Mode

      Text & Scope

      The provision covers deductions in computing business/professional profits for expenses in respect of premises, machinery, plant or furniture that are "wholly and exclusively" used for business/profession. Enumerated deductible items are:

      • (a) any premium paid in respect of insurance against risk of damage or destruction of the assets;
      • (b) land revenue, local rates or municipal taxes paid;
      • (c) rent paid where the premises are occupied by the assessee as a tenant;
      • (d) amount paid on account of current repairs, not being capital expenditure, when premises are occupied otherwise than as a tenant;
      • (e) cost of repairs, not being capital expenditure, when the premises are occupied by the assessee as a tenant.

      Subsection (2) provides that where the asset is partly used or not wholly and exclusively used for business/profession, deduction under subsection (1) shall be restricted to a fair proportionate part as determined by the Assessing Officer, having regard to usage for business/profession.

      Interpretation

      The text conditions deductions on assets being "wholly and exclusively" used for business/profession; that phrase operates as a threshold requirement. The enumeration is restrictive: only specified categories qualify. The use of the phrase "not being capital expenditure" signals an intention to exclude capital improvements from deduction, limiting allowance to current/repair-type expenditure. The mechanism in subsection (2) entrusts apportionment to the Assessing Officer, implying case-by-case factual determination of proportionate business use.

      Exceptions/Provisos

      No express provisos, thresholds, or procedural conditions appear in Clause 28 beyond the "wholly and exclusively" condition and the exclusion of capital expenditure. Specific exceptions (e.g., measuring apportionment methods, documentation requirements) are Not stated in the document.

      Illustrations

      • Example 1: A manufacturing firm uses a factory building solely for manufacturing; premium paid for insurance on the building would be deductible under clause (a) because the premises are wholly and exclusively used for business.
      • Example 2: A proprietor runs a business from part of a building and uses part for private residence. Only a fair proportionate part of municipal taxes and repairs, as determined by the Assessing Officer, would be deductible under subsection (2).
      • Example 3: A tenant pays rent for business premises; rent paid is deductible under clause (c) provided the premises are wholly and exclusively used for business.

      Interplay

      Interaction with other statutory provisions, Rules, Notifications or Circulars is Not stated in the document. The clause's reference to determination by the Assessing Officer suggests interaction with assessment procedures under the Income-tax Code, but specific cross-references are Not stated in the document.

      Differences between Section 28 of Income-tax Act, 2025 [As Passed] and Clause 28 of Income Tax Bill, 2025 - Old Version

      • Scope of use: The Old Version (Clause 28) conditions deductions on premises, machinery, plant or furniture being "wholly and exclusively" used for the purposes of business or profession. The Passed Act (Section 28) omits "wholly and exclusively" and allows deductions in respect of such assets "used for the purposes of the business or profession," thereby broadening applicability.
      • Repairs to machinery/plant/furniture: The Passed Act adds a new sub-clause (f) expressly permitting deduction for "current repairs to machinery, plant or furniture, not being in the nature of capital expenditure." The Old Version contains no equivalent clause.
      • Tenant repairs: The Old Version's clause (e) refers to "cost of repairs, not being capital expenditure, when the premises occupied by the premises occupied by the assessee as a tenant" (contains a drafting repetition). The Passed Act's clause (e) clarifies that the deduction applies where the premises are occupied by the assessee as a tenant and "where he has undertaken to bear the cost of repairs to the premises." Thus the Passed Act adds an explicit requirement that the tenant has undertaken responsibility for repairs.
      • Wording on capital expenditure: The Old Version uses the phrase "not being capital expenditure"; the Passed Act uses "not being in the nature of capital expenditure." This is a drafting refinement but may have interpretive significance.
      • Assessing Officer determination: Both versions retain subsection (2) restricting deduction to a fair proportionate part where assets are partly used or not wholly and exclusively used; text is substantially the same though the Old Version's trigger language references "wholly and exclusively" use while the Passed Act's trigger is broader given the removal of that phrase in subsection (1).
      • Minor drafting: The Old Version appears to contain a typographical repetition in clause (e). The Passed Act corrects and expands the drafting.

      Practical impact of each change

      • Removal of "wholly and exclusively": Broadens entitlement to deductions where assets are partly used for business/profession - potentially increasing allowable deductions but subject to apportionment under subsection (2).
      • Addition of repairs to plant/machinery/furniture: Clarifies and expressly allows current repair deductions for tangible assets beyond premises - likely reduces disputes where such repairs were previously not expressly listed.
      • Tenant repair undertaking requirement: Tightens the conditions for a tenant's deduction for repairs by requiring an undertaking to bear repair costs - may limit deductions where no express undertaking exists.
      • Drafting refinement ("in the nature of"): May affect interpretation in borderline cases by focusing on the character of expenditure, rather than the technical label "capital expenditure."
      • Subsection (2) retained: Apportionment by the Assessing Officer remains the mechanism to deal with mixed-use assets; practical disputes may shift from entitlement to apportionment methodology.

      Practical Implications

      • Compliance and risk areas: Taxpayers must establish that assets are "wholly and exclusively" used for business or profession to claim full deductions. Where use is mixed, subsection (2) exposes taxpayers to assessment-time apportionment. The exclusion of capital expenditure demands careful classification of spending as current repair versus capital improvement to avoid disallowance.
      • Record-keeping/evidence points: Although the clause does not prescribe records, the textual requirements imply that taxpayers should retain evidence of exclusive business use (floor plans, usage logs), invoices and nature-of-expenditure documentation to substantiate repairs as current (versus capital). Where a tenant seeks deduction for repairs, documentation of tenancy terms and any undertaking to bear repairs is likely to be material-however, the Bill does not state precise documentary requirements.

      Key Takeaways

      • Clause 28 enumerates limited categories of deductible expenses relating to premises, machinery, plant and furniture for business/profession.
      • Full deduction in the Old Version is conditioned on assets being "wholly and exclusively" used for business or profession.
      • Capital expenditure is excluded; only current repairs or recurring costs qualify under the repair heads.
      • Subsection (2) permits apportionment for mixed-use assets by the Assessing Officer on a fair proportionate basis.
      • The Bill does not set out procedural, evidentiary or measurement standards; those are Not stated in the document.
      • Ambiguities likely to arise concern classification of expenditure (current v. capital), proving "wholly and exclusively" use, and apportionment methodology.
      • Specific operational details (effective date, transitional rules, forms or rulings) are Not stated in the document.

      Full Text:

      Section 28 Rent, rates, taxes, repairs and insurance.

      Topics

      ActsIncome Tax