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
    Tax Incentives for Strengthening Agricultural Producer Companies : Clause 150 of Income Tax Bill, 20...
    A Contemporary Recasting of Section 80P for Strengthening the Co-operative Sector : Clause 149 of th...
    Preventing Double Taxation of Corporate Dividends : Clause 148 of the Income Tax Bill, 2025 Vs. Sect...
    Future of Tax Incentives for Offshore Banking and IFSCs : Clause 147 of the Income Tax Bill, 2025 vs...
    Continuing the legislative policy of incentivizing employment generation : Clause 146 of Income Tax ...
    Tax Incentives for Bio-Degradable Waste Management in India : Clause 145 of the Income Tax Bill, 202...
    Tax Incentives for reginal development in the North-Eastern States of India : Clause 143 of Income T...
    Transitional Tax Incentives for Affordable Housing : Clause 142 of Income Tax Bill, 2025 Vs. Section...
    Grandfathering Industrial Undertaking Deductions : Clause 141 of Income tax Bill, 2025 vs. Section 8...
    Tax Incentives for Start-ups in India : Clause 140 of Income Tax Bill, 2025 and Comparative Analysis...
    Protecting SEZ Developers' Tax Incentives : Clause 139 of the Income Tax Bill, 2025 Vs. Section 80IA...
    Assessing the Continuity and Reform of Infrastructure Tax Incentives under the Evolving Income Tax F...
    Reforming Political Contribution Deductions for Transparency and Accountability : Clause 137 of Inco...
    Transparency and Tax Incentives in Political Funding : Clause 136 of the Income Tax Bill, 2025 Vs. S...
    Redefining Tax Deductions for Scientific and Rural Advancement : Clause 135 of the Income Tax Bill, ...
    Modernising Charitable Tax Incentives : Clause 354(1) of Income Tax Bill, 2025 Vs. Section 80G(5) of...
    Modernizing Tax Benefits for Higher Education : Clause 129 of the Income Tax Bill, 2025 Vs. Section ...
    Promoting Affordable Housing through deduction in respect of interest on loans : Clause 130 of the I...
    Promoting Home Ownership by allowing deductions on interest payments : Clause 131 of Income tax Bill...
    Promoting Green Transportation tax Incentives for Electric Vehicles : Clause 132 of the Income Tax B...
❯❯
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
    Act RulesBills
    Show AI Summary
    Tax deduction for producer companies enables full relief for profits from member-focused agricultural marketing and processing activities.
    A statutory measure grants a 100% deduction on profits and gains of qualifying Producer Companies for income attributable to an identified eligible business-marketing members' agricultural produce, supplying inputs to members, and processing members' produce-subject to turnover limits, inclusion in gross total income, sequencing after other Chapter VI A deductions, and a legislatively imposed sunset period, with transitional company-law references and apportionment issues creating practical and interpretive compliance challenges.
    Act RulesBills
    Show AI Summary
    Deduction for co operative societies preserved and modernised, with targeted categories and voting control safeguards for eligibility.
    Clause 149 permits deductions for specified categories of income of co operative societies-profits from credit to members, cottage industry, marketing and specified processing of members' agricultural produce, supply of agricultural inputs, collective disposal of members' labour, fishing and allied activities, interest or dividends from investments in other co operatives, and income from letting godowns or warehouses-subject to membership, voting restrictions for certain societies, exclusions for most co operative banks, and computation after specified infrastructure deductions.
    Act RulesBills
    Show AI Summary
    Deduction for inter corporate dividends prevents cascading taxation when dividends are onward distributed within the prescribed timeframe.
    Clause 148 permits a deduction for dividends received by a domestic company from domestic companies, foreign companies and business trusts, limited to the amount the recipient company actually distributes to its shareholders by the date one month before the due date for filing the return referenced in the Bill; the same amount cannot be deducted in any other tax year. The deduction is conditional on onward distribution and timely compliance, creating documentary and administrative verification obligations and raising clarifications around the definition of dividend, treatment of foreign dividends and business trust distributions.
    Act RulesBills
    Show AI Summary
    Tax deductions for IFSC and OBU income provide extended full relief subject to accountant certification and regulatory permission.
    Clause 147 provides a consolidated deduction regime for OBUs and IFSC units in SEZs, specifying eligible assessees and qualifying income categories (OBU income, banking activities tied to SEZ undertakings/developers, approved IFSC activities, and transfers of leased aircraft or ships within the stated commencement deadline). It prescribes full deduction for designated consecutive years with an elective window for IFSC units, and conditions the allowance on submitting a prescribed accountant's certification and evidence of regulatory permission or registration.
    Act RulesBills
    Show AI Summary
    Deduction for additional employee cost incentivises formal hiring through multi year tax relief subject to reporting and anti abuse conditions.
    Clause 146 allows a deduction equal to 30% of additional employee cost for three consecutive tax years where an assessee with business income increases employee numbers and pays emoluments through prescribed modes; claims are disallowed for splitting up, reconstruction, transfer or reorganisation except for revived sick units, and are subject to exclusions based on emolument ceilings, provident fund participation, pension contribution arrangements and minimum tenure thresholds, with the deduction claim contingent on a prescribed accountant's report.
    Act RulesBills
    Show AI Summary
    Tax deduction for bio-degradable waste businesses allows full profit exemption for a fixed multi-year period.
    Clause 145 provides a deduction for businesses whose profits and gains arise from collecting, processing or treating bio-degradable waste for activities including generating power, producing bio-fertilizers, bio-pesticides or biological agents, producing bio-gas, and making pellets or briquettes for fuel or organic manure. The deduction equals the whole amount of profits and gains from the eligible business and is available for five consecutive tax years beginning with the tax year in which the business commences. Key compliance issues include defining commencement, segregating eligible profits, and clarifying interaction with other incentives.
    Act RulesBills
    Show AI Summary
    Tax incentives for North-Eastern undertakings: full profits deduction under new clause replaces prior provision, with revised cross references and limits.
    Special tax relief permits a 100% deduction of profits and gains for eligible North Eastern undertakings commencing within the specified window, subject to exclusions for certain goods and activities, anti abuse restrictions on reconstruction or transfer of used machinery, and limits on concurrent deductions and aggregate deduction periods; updated cross references modernize procedural application but may create interpretive ambiguities on commencement date and aggregation scope.
    Act RulesBills
    Show AI Summary
    Transitional deduction continuity preserved for eligible housing projects, computed and constrained by prior statutory conditions.
    Clause 142 preserves transitional tax relief by incorporating the prior housing-project deduction by reference: assessees who would have been eligible under the repealed provision may claim deductions computed under the prior statute for the tax years that would have been covered, subject to the same substantive conditions-including project approval and completion requirements, unit size and utilization thresholds, separate project accounts, exclusion of works contracts, and the clawback mechanism-while not extending benefits to new projects commenced after repeal.
    Act RulesBills
    Show AI Summary
    Grandfathering preserves industrial tax deductions, maintaining prior eligibility and compliance requirements for ongoing transitional claims.
    Clause 141 preserves existing deductions for profits and gains of specified industrial undertakings by applying the prior law's eligibility, quantum and duration of deduction as if the repealed provision remained in force. It imports legacy compliance, audit and rule based requirements for ongoing claims, maintains original commencement windows and notification statuses, and prohibits new or extended claims. The clause protects continuity of entitlement while leaving unresolved issues on procedural lapses and treatment of reorganisations.
    Act RulesBills
    Show AI Summary
    Start-up tax deduction: eligible start-ups may claim a consecutive-years profits exemption within the first decade, subject to certification and anti-abuse rules.
    Clause 140 provides that an eligible start-up deriving profits from an eligible business may claim a full deduction for three consecutive tax years chosen within ten years of incorporation, subject to eligibility limits, certification by an Inter-Ministerial Board, audit and filing requirements, restrictions on formation by splitting or asset transfer, treatment rules for previously used imported machinery and de minimis used-asset transfers, recomputation at market or arm's length value for intra-group transactions, Assessing Officer powers to adjust profits, a bar on double deductions, and a governmental power to notify prospective exclusions of classes of undertakings.
    Act RulesBills
    Show AI Summary
    SEZ developer deductions preserved as a transitional protection, applying legacy eligibility and computation rules to ongoing projects.
    Clause 139 functions as a transitional savings provision preserving deductions for profits and gains from SEZ development by applying the eligibility, computation, and temporal rules of the repealed provision to developers who commenced projects under that earlier regime, thereby maintaining investor expectations and limiting the relief to unexpired periods without creating new entitlements.
    Act RulesBills
    Show AI Summary
    Grandfathering of infrastructure tax deductions allows continuation of prior deduction regime into the new income tax code.
    Clause 138 preserves the deduction regime of Section 80-IA as a transitional grandfathering provision: where an assessee's income includes profits from businesses referred to in Section 80-IA and the assessee would have been eligible had the old Act not been repealed, a deduction is allowed computed under Section 80-IA and only for the tax years that would have been available under that section, with all eligibility, computation, anti-abuse, audit and exclusion provisions applying by reference.
    Act RulesBills
    Show AI Summary
    Non-cash political contributions incentivised by tax deduction promote traceability and exclude public-funded entities from benefits.
    Deductibility is confined to contributions made by non-cash means to political parties registered under the Representation of the People Act or to electoral trusts, with exclusions for local authorities and artificial juridical persons wholly or partly funded by the Government. The rule aims to ensure traceability and transparency by disallowing cash donations, requires contemporaneous treatment within the tax year, and imposes documentary and payment-channel compliance obligations on donors and recipients, while leaving certain interpretative points-such as the definition of artificial juridical person and acceptable modern payment modes-open to clarification.
    Act RulesBills
    Show AI Summary
    Corporate political donation deduction limited to non cash payments to registered parties, aligned with company law governance obligations.
    Clause 136 permits deduction only to Indian companies for non-cash contributions to political parties registered under section 29A of the Representation of the People Act or to electoral trusts, and defines "contribute" by reference to section 182 of the Companies Act, 2013, thereby importing board-approval, disclosure and reporting obligations and excluding cash donations to ensure traceability and alignment with corporate governance standards.
    Act RulesBills
    Show AI Summary
    Tax deduction for research donations narrowed, shifting compliance to recipient reporting and preserving donor protection for post donation approval withdrawal.
    Clause 135 provides a deduction for donations to approved institutions for scientific and social science/statistical research, requires recipient approval under the new Act's cross references, excludes donors with business or professional income from claiming the deduction, disallows large cash contributions, and conditions allowance of the deduction on information furnished by the payee to the tax authority subject to risk based verification; it also protects donors where recipient approval is withdrawn after the donation.
    Act RulesBills
    Show AI Summary
    Charitable donation approval: new time bound, digital compliance regime for donor deductions with stricter reporting requirements.
    Clause 354(1) creates a reworked approval regime for registered non profit organisations to qualify for donor tax deductions under section 133(1)(b)(ii), requiring application to the Principal Commissioner or Commissioner and satisfaction of specified conditions: non sectarian status, restriction on asset transfer to non charitable purposes, maintenance of regular accounts, filing prescribed statements with correction mechanisms, issuance of standardised donor certificates, and compliance with defined timelines for application, provisional approval and renewal.
    Act RulesBills
    Show AI Summary
    Deduction for interest on educational loans expanded to modernize eligibility and ease higher education financing.
    Clause 129 permits individual assessees to claim a deduction for interest paid on loans for higher education taken for the assessee or specified relatives, with the deduction available from the initial tax year of interest payment and continuing for a set number of subsequent tax years or until the interest is fully repaid; key terms such as higher education, financial institution, and approved charitable institution are defined to align with and modernize existing tax frameworks.
    Act RulesBills
    Show AI Summary
    Deduction for home loan interest offered to eligible first-time buyers under the new provision, subject to exclusivity and eligibility limits.
    Clause 130 provides a capped deduction for interest on loans from defined financial institutions for acquisition of residential house property, limited to loans meeting prescribed sanctioning, loan-amount and property-value conditions and where the assessee did not own residential property at sanction. The clause includes clear definitions and an exclusivity rule preventing claiming similar deductions under other provisions.
    Act RulesBills
    Show AI Summary
    Deduction for home loan interest extends targeted tax relief to eligible buyers subject to timing, property value, and ownership conditions.
    Clause 131 provides a capped deduction for interest on loans from defined financial institutions for acquisition of residential property, limited to borrowers not eligible under an alternate clause; conditions include a specified loan sanction window, a property value ceiling, absence of residential ownership at sanction, and an exclusivity rule preventing the same interest being deducted under another provision.
    Act RulesBills
    Show AI Summary
    Tax deduction for electric vehicle loan interest continues under new clause mirroring prior eligibility and exclusivity rules.
    Deduction for interest on loans to purchase electric vehicles is extended in substance by Clause 132, mirroring Section 80EEB: eligibility is limited to individuals with loans from defined financial institutions, the benefit is subject to a specified cap, loans must be sanctioned within the stated time window, claims are exclusive of other interest deductions, and "electric vehicle" is technically defined as a battery electric vehicle with regenerative braking.

    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