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
    RETROSPECTIVE AMENDMENTS OF GST RATE NOTIFICATIONS
    NewsBills
    AMENDMENTS IN THE UTGST ACT, 2017
    NewsBills
    AMENDMENTS IN THE IGST ACT, 2017
    NewsBills
    AMENDMENTS IN THE CGST ACT, 2017
    NewsBills
    OTHER CHANGES [INCLUDING CERTAIN CLARIFICATIONS/TECHNICAL CHANGES]
    NewsBills
    AMENDMENTS IN THE SCHEDULE VII OF THE FINANCE ACT, 2001 (NCCD SCHEDULE)
    NewsBills
    CHANGE IN EFFECTIVE RATE OF ADDITIONAL BASIC EXCISE DUTY ON UNBLENDED PETROL AND DIESEL
    NewsBills
    AMENDMENTS IN THE FOURTH SCHEDULE
    NewsBills
    CHANGES IN RULES UNDER THE CUSTOMS ACT, 1962
    NewsBills
    CHANGES IN EXPORT DUTY RATES IN NOTIFICATION NO. 27/2011 - CUSTOMS [with effect from 02.02.2022]
    NewsBills
    ANTI-DUMPING DUTY (ADD)/ COUNTERVAILING DUTY (CVD)/SAFEGUARD MEASURES
    NewsBills
    OTHER CHANGES (INCLUDING CERTAIN CLARIFICATIONS/TECHNICAL CHANGES BY AMENDING NOTIFICATION NO. 50/20...
    NewsBills
    OTHER MISCELLANEOUS CHANGES IN VARIOUS NOTIFICATIONS PROVIDING CONCESSION ON IMPORTS
    NewsBills
    REVIEW OF LEVY OF SOCIAL WELFARE SURCHARGE [SWS] ON VARIOUS ITEMS BY AMENDING NOTIFICATION NO. 11/20...
    NewsBills
    DUTY CONCESSIONS ON SPECIFIED ITEMS WHEN IMPORTED BY BONAFIDE EXPORTERS
    NewsBills
    OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES/HEALTH CESS IN RESPECTIVE NOTIFICATION...
    NewsBills
    PROPOSALS INVOLVING CHANGES IN EFFECTIVE BASIC CUSTOMS DUTY RATES IN RESPECT OF PHASED MANUFACTURING...
    NewsBills
    PRUNING AND REVIEW OF CUSTOMS DUTY CONCESSIONS/ EXEMPTIONS
    NewsBills
    AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975
    NewsBills
    OTHER LEGISLATIVE AMENDMENTS PERTAINING TO CUSTOMS
❯❯
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
    Retrospective GST exemptions and reclassifications bar refunds on tax already collected despite prior tax treatment.
    Two retrospective GST amendments reclassify past tax treatments and bar refunds: unintended waste from fish meal production (excluding fish oil) is retrospectively exempted for the earlier period but collected tax is non refundable; and grant of alcoholic liquor licences is retrospectively treated as neither supply of goods nor supply of services, with tax already collected likewise not refundable.
    NewsBills
    Show AI Summary
    Interest rate under section 50(3) CGST Act set retrospectively to a prescribed statutory rate affecting tax interest liability.
    Notification No. 10/2017 (Union Territory Tax) is amended retrospectively from 1 July 2017 to prescribe the rate of interest under sub-section (3) of section 50 of the CGST Act as 18%, thereby fixing the statutory interest chargeable under that CGST provision for the retrospective period.
    NewsBills
    Show AI Summary
    Interest rate under CGST Act fixed retrospectively, establishing a statutory uniform rate effective from July 2017.
    A retrospective amendment to Notification No. 6/2017 fixes the statutory interest rate applicable under the CGST interest provision, with effect from 1 July 2017, by specifying the rate of interest under subsection (3) of the relevant CGST provision.
    NewsBills
    Show AI Summary
    Input tax credit restrictions clarified: availment conditioned on communication and extended rectification windows provided.
    Amendments condition availment of input tax credit on absence of restrictions in communications to recipients and extend the claim and rectification window to the thirtieth day of November of the following financial year; they remove two way return communication, replace it with prescribed one way auto generated communication of inward supplies and credits, require tax period sequential filing of outward supplies, substitute provisional credit claims with self assessed credit subject to conditions, limit utilisation and transfer of electronic ledgers, restate interest on wrongly availed credit retrospectively, and clarify refund claim procedures and withholding scope.
    NewsBills
    Show AI Summary
    Retail sale price valuation provisions superseded to align central excise valuation with the post GST legal framework under new notification.
    Notification No. 49/2008 set out retail sale price based valuation and abatements under section 4A of the Central Excise Act; it has been superseded by Notification No. 01/2022 dated 1 February 2022 to align excise valuation and abatement treatment with the post GST legal framework.
    NewsBills
    Show AI Summary
    NCCD schedule amendment: reclassification of petroleum crude tariff item to a designated central excise heading changes levy application.
    Amendment substitutes Central Excise tariff item 2709 20 00 with 2709 00 10, classifying the entry as petroleum crude in the Seventh Schedule to the Finance Act, 2001, via the Finance Bill, 2022, thereby reclassifying the tariff heading for NCCD schedule purposes.
    NewsBills
    Show AI Summary
    Additional excise duty on unblended fuel imposed to promote blending from October, affecting petrol and diesel sales.
    An additional Basic Excise Duty of Rs. 2 per litre will be levied on petrol and high speed diesel sold to retail consumers without blending, effective from 1 October 2022, to promote petrol blending with ethanol/methanol and diesel blending with bio-diesel by creating a tax differential between blended and unblended fuels.
    NewsBills
    Show AI Summary
    Ethanol blend tariff classification updated; new excise tariff entries align Fourth Schedule with Customs Tariff provisions.
    Insertion of two new tariff items into the Fourth Schedule to the Central Excise Act, 1944 establishes excise classifications for ethanol-blended petrol conforming to BIS IS 17586 and aligns those Fourth Schedule entries with the proposed corresponding amendment in the First Schedule to the Customs Tariff Act, 1975; amendments take effect on enactment unless otherwise specified.
    NewsBills
    Show AI Summary
    End-to-end automation of concessional import regime streamlines electronic filings and introduces monthly compliance reporting on a common portal.
    Amendments require submission of all requisite details electronically via a common portal with standardized forms, remove transaction-based permissions and automate claim procedures for notification benefits. Importers must file a Monthly Statement on the portal to monitor use of goods for intended purposes, and may make voluntary payment of duties and interest through the portal, consolidating reporting, payment and compliance within a single electronic system.
    NewsBills
    Show AI Summary
    Export duty change: reduction in duty for raw buffalo hides and skins under Notification No.27/2011, altering export tariff treatment.
    Amendment to Notification No.27/2011 revises the export duty applicable to raw buffalo hides and skins under the Chapter 41 leather tariff, substituting the prior duty rate with a reduced rate for that specified commodity; the change takes effect from 2 February 2022 and alters the customs export tariff treatment for exporters of raw buffalo hides and skins.
    NewsBills
    Show AI Summary
    Anti-dumping duty revocations remove specified steel import remedies and withdraw corresponding notifications under the 2022 finance measures.
    The Finance Bill 2022 permanently revokes specified trade remedy measures: Anti-Dumping duty on (a) straight length alloy-steel bars and rods from the People's Republic of China (notification No. 54/2018-Cus), (b) non-cobalt high speed steel from Brazil, the People's Republic of China and Germany (notification No. 38/2019-Cus), and (c) flat rolled steel plated or coated with aluminium or zinc from the People's Republic of China, Vietnam and Korea RP (notification No. 16/2020-Cus). Countervailing duty on certain hot and cold rolled stainless steel flat products from the People's Republic of China (notification No. 1/2017-Cus) is also revoked.
    NewsBills
    Show AI Summary
    Concessional duty for EV kits clarified-kits with essential EV character qualify even if some components are absent.
    Removal of the SPF requirement for live L. vannamei shrimp places regulation with the Department of Fisheries. Amendments clarify that CKD/SKD EV kits qualify for concessional duty if the presented kit has the essential character of an EV even when some components are missing, and delete unused parts from the two wheeler EV concessional entry.
    NewsBills
    Show AI Summary
    Customs cess exemptions expanded: additional cesses removed on specified concessional imports and rare disease drug imports exempted.
    Multiple customs notifications granting duty exemptions for specified concessional imports are amended to also exempt Health Cess, Agriculture Infrastructure and Development Cess and Road and Infrastructure Cess as applicable; additionally, a new tariff entry exempts drugs and medicines for treatment of rare diseases when imported by designated Centres of Excellence or on their recommendation, reflecting the National Policy for Rare Diseases.
    NewsBills
    Show AI Summary
    Social welfare surcharge exemption changes narrow and withdraw exemptions for specified tariff items, while exempting other listed imports.
    Amendment to Notification No. 11/2018-Customs revises Social Welfare Surcharge treatment by granting SWS exemptions for specified tariff subheadings (including certain fruits, oil products and textile yarns/fabrics) while withdrawing or narrowing exemptions for multiple garment and textile tariff items, thereby changing SWS incidence on imports classified under the listed tariff items and sub-headings.
    NewsBills
    Show AI Summary
    Duty-free imports for exporters: end-use monitored inputs require timely export of value-added goods under IGCR compliance.
    A scheme permits duty-free imports for bonafide exporters on an end-use monitoring basis, requiring use of imported inputs to manufacture value-added export goods within a prescribed period and adherence to the Import of Goods at Concessional Rate Rules, 2017. Operational changes amend conditions for S. No. 257, insert S. No. 257A (decorative and ancillary items for handicrafts), S. No. 257B (fasteners, inlay cards, lining materials, wet blue leather for textile/leather garments), and S. No. 257C (buckles, buttons, locks for footwear/leather products); S. No. 288 is omitted as subsumed.
    NewsBills
    Show AI Summary
    Basic customs duty changes revise import duty and health cess rates across multiple tariff items, effective early February.
    Proposals amend Basic Customs Duty and Health Cess rates effective 2.2.2022 by specifying revised duties for listed tariff items. The schedule sets prior and proposed rates across commodity groups-agricultural products, fuels and chemicals, paper, gems and jewellery, metals, electrical and electronics, medical devices, toys and capital goods-and includes sector measures such as extension of an iron and steel scrap exemption and changes for camera lenses, PCB inputs, X ray items, surgical needles, recovered paper and capital goods components.
    NewsBills
    Show AI Summary
    Phased customs duty changes on electronic imports introduce staged rates for components and finished devices to incentivise local manufacture.
    Proposed amendments establish phased basic customs duty schedules under the Phased Manufacturing Program for wrist wearable devices, hearable devices, and smart meters, specifying year-by-year duty rates for identified components, sub-assemblies and finished units. IGCR conditions apply to enumerated component entries. The schedules distinguish classification-based parts and ''any chapter'' inputs, generally providing lower or nil duties initially for parts to encourage local assembly while setting distinct trajectories for imported finished products and assemblies.
    NewsBills
    Show AI Summary
    Customs duty concessions review phases out concessional exemptions across sectors, replacing many with standard duty rates and sunset clauses.
    A comprehensive pruning of customs duty concessions withdraws, phases out, or time limits multiple BCD exemptions across sectors under notification No. 50/2017 and related standalone notifications. Sectoral concessions for textiles, power, petroleum, leather, food packaging and others are omitted or scheduled for staged withdrawal; select items are retained. Project imports face a uniform substituted BCD rate for new projects while existing projects are grandfathered for a transitional period. Section 25(4A) end date rules are applied to conditional exemptions and obsolete notifications are rescinded or merged.
    NewsBills
    Show AI Summary
    Customs tariff amendments rationalize Basic Customs Duty and consolidate notification based rates into the statutory Schedule.
    Amendments to the First Schedule to the Customs Tariff Act, 1975 prescribe immediate provisional increases for selected items and effect a statutory consolidation of applied Basic Customs Duty rates previously administered through notifications. Transitional provisions maintain certain notification based rates for an interim period, after which corresponding entries will be omitted and BCD rates will operate through the Schedule. The package includes sectoral rationalisations across electronics, solar, agriculture, chemicals, textiles, metals and medical instruments, and adds new tariff entries to align with HS 2022 and departmental requests.
    NewsBills
    Show AI Summary
    Validation of prior customs actions confirms retrospective legality of acts performed pursuant to officers' appointments and assignments.
    A provision in the Finance Bill, 2022 introduces a validation clause to validate any action taken or function performed before the commencement of the Finance Act, 2022 by an officer of Customs (as specified in amended Section 3) where such action was in pursuance of that officer's appointment and assignment of functions by the Central Government or the Board under specified Chapters of the Customs Act.

    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