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
    Retrospective Cancellation of GST Registration: Analysis of Delhi High Court’s Ruling in 2024 (1) ...
    Case LawsIncome Tax
    Deciphering Tax Implications on Capital Reduction: Navigating the Complexities of Section 115QA in I...
    Case LawsCustoms
    Navigating Regulatory Compliance: Analysis of a CHA License Revocation and Restoration Case
    Case LawsIncome Tax
    Interpreting Section 153A: ITAT Delhi's Stand on Incriminating Material in Assessments: Assessments ...
    Case LawsIncome Tax
    Reaffirming the Bounds of Section 153A: Analysis of Delhi High Court's Approach: Assessment post sea...
    Case LawsIncome Tax
    Navigating Rectification and Revised Returns: Legal Insights from ITAT Bangalore's Ruling
    Case LawsIncome Tax
    Mutual Fund Gains and Deemed Dividends: Analyzing the Delhi High Court's Landmark Judgment
    Case LawsCustoms
    Judicial Scrutiny of Customs Seizure and Redemption under the Indian Legal Framework: Foreign Curren...
    Case LawsCustoms
    The Duty of Diligence: Understanding the Legal Implications for Customs Brokers
    Case LawsCustoms
    Legal Analysis of a Customs Appeal Case Involving Mandatory Pre-Deposit Requirements
    Case LawsCentral Excise
    Legal Elucidation of Homeopathic Product Classification under Central Excise Tariff Act: Medicament ...
    The Supreme Court's In-Depth Ruling on Corporate Insolvency: Legal Implications Explored
    Money Laundering and Bail: Supreme Court's Interpretation of Section 45 PMLA
    Case LawsIncome Tax
    Reassessing Income under Section 147 Post-Quashment of Sections 153A/153C: The Waiver of Limitation ...
    Case LawsIncome Tax
    Section 153A of the Income Tax Act: A Critical Analysis of the Supreme Court's Interpretation in the...
    The Intersection of Politics, Corruption, and Judicial Review: A Case Study: Validity of order of Hi...
    Case LawsIncome Tax
    Clarity and Precision in Tax Penalty Proceedings: Insights from a High Court Judgment
    NCLAT's Authority to Recall Judgments: The Intersection of Tribunal Authority and Justice
    Detention and Release of Goods under CGST Act: Discrepancies in the CGST registration of the consign...
    The Detention of Goods under GST Law: Doubts regarding the genuineness of the consignee
❯❯
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
    Case LawsGST
    Show AI Summary
    Retrospective GST cancellation: court limits retroactive effect, stressing objective grounds and hearing rights for taxpayers.
    The court held that retrospective cancellation of GST registration cannot be applied mechanically and must be supported by objective grounds; mere non-filing does not automatically justify cancelling registration for earlier compliant periods. Procedural fairness requires an opportunity of being heard before imposing retrospective cancellation, and the temporal effect of cancellation should align with the taxpayer's cancellation application rather than an earlier retrospective date, given potential impacts such as denial of input tax credit.
    Case LawsIncome Tax
    Show AI Summary
    Capital reduction transactions treated outside buyback levy when executed pre amendment; buyback tax not attracted.
    The Tribunal held that the capital reduction did not qualify as a buyback for purposes of the buyback tax provision because the transaction was completed before the amendment that broadened the provision's definition; relying on precedents distinguishing capital reduction from buybacks, the Tribunal rejected the revenue's tax avoidance contention and emphasised that the transaction date governs applicability of the amended definition.
    Case LawsCustoms
    Show AI Summary
    Non transferability of CHA license: unauthorized sub letting triggered revocation, later reconsidered due to appellant hardship.
    A licensed CHA was found to have contravened CHALR by effectively transferring operational control to a Mumbai office through a Power of Attorney, breaching non transferability, CHA obligations to obtain authorisations and exercise due diligence, and supervision duties over employees; the firm was held accountable where the licence was used for financial gain.
    Case LawsIncome Tax
    Show AI Summary
    Incriminating material requirement: Section 153A assessments require material specific to the assessee, not unrelated third party statements.
    Assessments following search operations must be grounded on incriminating material specifically linked to the assessee; material or statements derived from separate or third party search proceedings cannot, alone, serve as incriminating material against an unrelated assessee. Absent assesseespecific incriminating material, additions and disallowances in such assessments lack justification and cannot properly form the basis of adverse tax adjustments.
    Case LawsIncome Tax
    Show AI Summary
    Admissibility of search statements: corroborative evidence required before additions in post-search tax assessments.
    Statements recorded under Section 132(4) have evidentiary value but cannot alone justify additions under Section 153A; corroborative material discovered during the search is required, and taxpayers must be afforded the opportunity to cross-examine and rebut adverse statements before assessments under Section 153A are finalized.
    Case LawsIncome Tax
    Show AI Summary
    Rectification under Section 154: procedural lapses should not bar correction of apparent errors in tax returns.
    Interpretation of Section 154 treats misplacement of figures in an original return as a mistake apparent from the record, qualifying for statutory rectification; a revised return filed as a genuine corrective attempt may be recognised despite procedural lapses, and tax authorities should balance procedural compliance with the need to remedy apparent errors and assist taxpayers in claiming corrections.
    Case LawsIncome Tax
    Show AI Summary
    Classification of Mutual Fund Gains: affirmed as capital gains, clarifies tests distinguishing business income and scope of deemed dividends.
    Classification of gains from mutual fund redemptions turns on intent, transaction frequency, holding period, accounting treatment and the factual matrix to determine capital gains versus business income. Distinguishing genuine capital contributions from transactions that function as distributions is essential before treating receipts as deemed dividends; absent characteristics of a loan or advance against profits, capital infusions should not be recharacterised as dividends.
    Case LawsCustoms
    Show AI Summary
    Redemption under Customs Act: deemed payment recognized as exercising the redemption option despite pandemic-related delay.
    The judgment analyzes the redemption option under the Customs Act allowing fine payment in lieu of confiscation, focusing on the prescribed timeframe and on how actions by a petitioner while seized currency remains with the department can constitute exercise of that option. Considering pandemic-related disruption, the court applied purposive interpretation and concluded the department's refusal to accept a deemed payment was unjustified and that the petitioner's steps effectively availed the statutory redemption alternative.
    Case LawsCustoms
    Show AI Summary
    Duty to exercise due diligence: strict licensing compliance can justify administrative revocation and security forfeiture for brokers.
    The headnote focuses on the duty of diligence under the CBLR 2018, identifying failures to advise clients, to verify information, and to supervise employees as breaches that can attract administrative penalties against a customs broker's licence. It also confirms that regulatory action may be initiated at the broker's registered location regardless of where the underlying transactions occurred, and highlights the need for compliance programs, client advisory practices, and employee training.
    Case LawsCustoms
    Show AI Summary
    Mandatory pre-deposit requirement: payments made during investigation can be counted toward the appeal pre-deposit, protecting access to appeal.
    Interpretation of the pre-deposit requirement focuses on counting payments made during investigation toward the mandatory deposit for appellate admissibility; authorities must account for investigation-stage deposits when assessing compliance to avoid denying appeal rights on technical grounds and to give effect to substantive payment.
    Case LawsCentral Excise
    Show AI Summary
    Medicament classification confirmed for a homeopathic hair oil based on ingredients and ordinary perception under tariff law.
    Classification of a homeopathic hair oil as a medicament depends on the ingredients test and the common parlance test. The Tribunal treated AHAHO as a medicament because it contained recognised homeopathic constituents and was labelled under the homeopathic schedule; the Supreme Court affirmed that those medicinal ingredients and the product's perception as a homeopathic medicine outweigh cosmetic imagery and over the counter availability, and that tariff amendments did not change the classificatory result.
    Case LawsIBC
    Show AI Summary
    Resolution applicant eligibility under insolvency law can be disqualified by trust and company conflicts affecting CIRP participation.
    The judgment finds that valuation disclosures and newspaper publication of Form G met CIRP regulatory requirements despite website upload issues; materially revised resolution plans must be placed before the Committee of Creditors or are procedurally irregular; commercial wisdom of the CoC governs differential treatment of creditors subject to legal compliance; promoter settlement offers and Section 12-A applications require demonstrable CoC consideration; and resolution applicant eligibility is governed by Trusts Act and Companies Act conflicts, not by assumed disqualifications absent specific disqualification orders.
    Case LawsPMLA
    Show AI Summary
    Section 45 PMLA bail standard: stringent satisfaction required on non guilt and low risk of reoffence before granting bail.
    Interpretation of Section 45 PMLA requires a stringent bail standard: courts must be satisfied on reasonable grounds that the accused is not guilty and is unlikely to commit an offence while on bail. An Enforcement Directorate investigation under the PMLA is distinct from predicate offence inquiries, so completion of predicate investigations does not substitute for the specific assessment required under the PMLA; courts must therefore evaluate the seriousness of allegations and the stage and character of the ED probe when considering bail.
    Case LawsIncome Tax
    Show AI Summary
    Reopening assessments under Section 147 requires proper review when Section 150(2) waiver is contested, not clarification.
    Reopening of assessments under Section 147 concerns whether the Assessing Officer has a reason to believe that income has escaped assessment and is subject to procedural safeguards including issuance of a statutory notice. Where prior assessments made in consequence of a search under provisions for search-based assessment were quashed, the question arises whether fresh proceedings may be initiated for income not arising from incriminating material found in the search and whether the limitation period can be waived under Section 150(2) to permit issuance of a notice for reassessment.
    Case LawsIncome Tax
    Show AI Summary
    Scope of assessment post-search: completed assessments permit additions only from incriminating material found during searches.
    The Supreme Court clarified that for assessments completed before a search, the Assessing Officer's power to reassess within the retrospective period is constrained: any additions in such completed assessments must be based on incriminating material discovered during the search, thereby limiting use of search powers to matters tied to the unearthed evidence and preventing expansion of assessments on unrelated material.
    Case LawsPMLA
    Show AI Summary
    Judicial oversight of criminal investigations must be cautious to avoid unwarranted de novo probes that disrupt investigative progress.
    The commentary critiques a High Court-ordered de novo investigation into recruitment corruption, treating such measures as extraordinary remedies that should not unsettle substantial prior investigative work. It stresses judicial discipline and adherence to precedent, warns against collusion and political interference in inquiries, recognises expanded locus standi for third parties in complex cases, affirms confidentiality of confession material with limited exceptions, and outlines the Enforcement Directorate's powers in probing and recovering proceeds of money laundering.
    Case LawsIncome Tax
    Show AI Summary
    Specificity in penalty notices: requirement to identify exact charge prevents defective proceedings and safeguards procedural fairness.
    Applicability of penalty for concealment or furnishing inaccurate particulars requires the assessing officer to specify the exact limb under which proceedings are initiated; absence of that specificity renders the penalty notice defective, undermines procedural fairness, and justifies setting aside the penalty, thereby obliging tax authorities to adhere to precise notice requirements when invoking penal provisions.
    Case LawsIBC
    Show AI Summary
    Inherent jurisdiction to recall judgments affirms tribunals can correct proceedings tainted by procedural vitiation or jurisdictional defect.
    The tribunal recognised its inherent jurisdiction to recall judgments distinct from review, holding that recall is available where procedural vitiation, fraud, lack of jurisdiction or failure of natural justice renders a proceeding a nullity. Drawing on the tribunal rules analogue to residual civil-procedure power and higher-court authority, the tribunal treated recall as an incidental order to prevent abuse of process and to correct proceedings affected by jurisdictional defect or gross procedural lapse.
    Case LawsGST
    Show AI Summary
    Detention and release under Section 129: proper tax invoice and e way bill establish owner status and permit release.
    Where goods intercepted in transit show a proper tax invoice and a valid e way bill identifying the consignor/consignee, those documents establish ownership for purposes of Section 129 and direct application of the release provision applicable when the owner comes forward; documentary compliance thus determines which release regime applies where GST registration discrepancies are alleged.
    Case LawsGST
    Show AI Summary
    Detention of goods under GST: enforcement must assess consignee genuineness and documentary compliance before imposing penalties.
    Detention of goods in transit was contested where authorities suspected the consignee's genuineness despite production of a tax invoice and an E way bill; the Court directed that enforcement action distinguish between penalty provisions and alternative statutory mechanisms, require strict procedural fairness, assess documentary evidence and consignee identity, and remit the matter for fresh administrative consideration accordingly.

    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