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
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
    Act RulesIncome Tax
    Comparison of section 384 "Procedure on receipt of application." between the Income-Tax Act, 2025 (a...
    Act RulesIncome Tax
    Comparison of section 383 "Application for advance ruling." between the Income-Tax Act, 2025 (as pas...
    Act RulesIncome Tax
    Comparison of section 377 "Revision of orders prejudicial to revenue." between the Income-Tax Act, 2...
    Act RulesIncome Tax
    Comparison of section 376 "Procedure where an identical question of law is pending before High Court...
    Act RulesIncome Tax
    Comparison of section 375 "Procedure when assessee claims identical question of law is pending befor...
    Act RulesIncome Tax
    Comparison of section 356 "Appealable orders before Joint Commissioner (Appeals)." between the Incom...
    Act RulesIncome Tax
    Comparison of section 355 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act RulesIncome Tax
    Comparison of section 354 "Application for approval for purpose of section 133(1)(b)(ii)." between t...
    Act RulesIncome Tax
    Comparison of section 353 "Other violations." between the Income-Tax Act, 2025 (as passed) and the I...
    Act RulesIncome Tax
    Comparison of section 352 "Tax on accreted income." between the Income-Tax Act, 2025 (as passed) and...
    Act RulesIncome Tax
    Comparison of section 351 "Specified violation." between the Income-Tax Act, 2025 (as passed) and th...
    Act RulesIncome Tax
    Comparison of section 349 "Return of income." between the Income-Tax Act, 2025 (as passed) and the I...
    Act RulesIncome Tax
    Comparison of section 345 "Restriction on commercial activities by a registered non-profit organisat...
    Act RulesIncome Tax
    Comparison of section 343 "Deemed accumulated income." between the Income-Tax Act, 2025 (as passed) ...
    Act RulesIncome Tax
    Comparison of section 341 "Application of income." between the Income-Tax Act, 2025 (as passed) and ...
    Act RulesIncome Tax
    Comparison of section 337 "Specified income." between the Income-Tax Act, 2025 (as passed) and the I...
    Act RulesIncome Tax
    Comparison of section 336 "Taxable Regular income." between the Income-Tax Act, 2025 (as passed) and...
    Act RulesIncome Tax
    Comparison of section 335 "Regular income." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act RulesIncome Tax
    Comparison of section 332 "Application for registration." between the Income-Tax Act, 2025 (as passe...
    Act RulesIncome Tax
    Comparison of section 327 "Change in constitution of a firm." between the Income-Tax Act, 2025 (as p...
❯❯
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 RulesIncome Tax
    Show AI Summary
    Procedure on receipt of application: Board must forward application, call records, hear applicant, and issue certified rulings promptly.
    Clause 384 requires the Board for Advance Rulings to forward an application to the Principal Commissioner/Commissioner, call for relevant records, and, after examining the application and records, either allow or reject the application by order. Mandatory rejection grounds include pending proceedings before tax authorities or tribunal, questions on fair market value, and transactions prima facie for tax avoidance, subject to exceptions. Rejection cannot occur without offering an opportunity to be heard and recording reasons; allowed applications must receive a written ruling within the prescribed timeframe and certified copies are to be transmitted to the applicant and assessing officer.
    Act RulesIncome Tax
    Show AI Summary
    Advance ruling application procedure: removal of copy requirement and fee benchmark increases administrative flexibility for applicants.
    Applications for an advance ruling must be made in the form and manner, and accompanied by the fee, as prescribed, with an applicant permitted to withdraw the application within thirty days; the provision delegates prescription of form, manner and fee to subordinate rules, and the enacted text removes a quadruplicate filing requirement and a fixed monetary benchmark previously stated in the Bill, thereby increasing administrative flexibility while placing compliance dependence on subsequent rules.
    Act RulesIncome Tax
    Show AI Summary
    Revision of orders prejudicial to revenue empowers Competent Authority to revisit AO/TPO orders and direct fresh assessments.
    The Competent Authority may call for and examine records of any proceeding and, if satisfied an AO or Transfer Pricing Officer's order is erroneous and prejudicial to revenue, may revise that order after giving the assessee an opportunity of being heard and making such inquiry as necessary; revision can enhance, modify, cancel or direct a fresh assessment, extends to AO/TPO functions and matters not decided in appeal, and is subject to a two-year limitation with specified exclusions and an exception to give effect to appellate findings.
    Act RulesIncome Tax
    Show AI Summary
    Identical question procedure: deferral and preservation of departmental appeals pending a controlling higher court decision.
    The provision creates an administrative mechanism where a Board specified collegium may determine that an identical question of law is pending in another case before a High Court or the Supreme Court and, on that basis, direct restraint from immediate departmental appeal while requiring a prescribed application to preserve the right to appeal later; if the assessee accepts identity the Assessing Officer files the application, otherwise the department proceeds with ordinary appeals, and subsequent appeals may be filed if the higher court decision does not sustain the earlier favourable order.
    Act RulesIncome Tax
    Show AI Summary
    Identity of question of law enables taxpayer to seek application of pending higher-court decision and waive further appeals.
    Section 375 provides an overriding procedure by which an assessee may declare that a question of law in a relevant tax-year is identical to a question pending in another case before specified higher fora; upon a prescribed declaration and, where applicable, a report and hearing involving the Assessing Officer, the assessing or appellate authority may admit or reject the claim by final written order and, if admitted, may dispose of the relevant case and later apply the final decision in the other case by amending earlier orders in conformity.
    Act RulesIncome Tax
    Show AI Summary
    Appealability to Joint Commissioner (Appeals) expanded to include deductors and collectors, broadening standing to challenge subordinate tax orders.
    Appealability to the Joint Commissioner (Appeals) covers specified subordinate Assessing Officer orders-intimations involving adjustments, assessment, reassessment, recomputation, specified assessment orders, penalties, and amendments thereto-with appeals barred if the impugned order was passed by or with prior approval of an authority above Deputy Commissioner. The enacted text expands standing to include deductors and collectors alongside assessees, clarifies objection language regarding adjustments, provides transfer powers between appellate authorities with a rehearing right on transfer, and permits Central Government schemes and Board exemptions to alter procedural or jurisdictional application.
    Act RulesIncome Tax
    Show AI Summary
    Related-person tests broadened to include relatives' concerns and donor-threshold triggers, expanding scrutiny over non-profit transactions.
    Section 355 defines terms governing registered non-profit organisations and related actors, including anonymous donation, approval, donation, commercial activity, registration, registered non-profit organisation, related person, relative, residual income, specified asset, specified person, specified provision, substantial interest and value. The definitions establish donor-based related-person thresholds, treat fee-for-service activities as commercial activity irrespective of income application, set a twenty-percent threshold for substantial interest in companies and concerns, and attribute specified assets based on acquisition source and timing, with certain carve-outs and cross-references to other Act provisions.
    Act RulesIncome Tax
    Show AI Summary
    Approval for donor deduction requires statutory compliance with eligibility conditions, reporting and timelines, affecting charitable organisations' donor benefits.
    Approval for donations under section 133(1)(b)(ii) requires application by a registered non-profit or specified person and satisfaction of seven conditions concerning charitable purpose, non-discrimination, limits on religious-nature expenditure, asset-use restrictions, regular accounts, prescribed statements and donor certificates. The Principal Commissioner or Commissioner has inquiry powers and fixed decision timelines; approvals have defined validity periods. Key operational elements-definitions, calculation rules for religious expenditure, prescribed forms and Schedule contents-are left to subordinate prescription and are not specified in the text.
    Act RulesIncome Tax
    Show AI Summary
    Taxation of non-profit compliance failures: converts regular income into taxable income and restricts deductible expenditure.
    Section 353 converts a registered non-profit's regular income for a tax year into taxable regular income where the organisation fails book-keeping, audit or return obligations or carries on prohibited commercial activity, permitting reduction only by narrowly specified expenditure incurred in India and subject to exclusions (not from corpus, not from borrowings, no capital expenditure, depreciation and payment restrictions), while additionally subjecting specified and residual incomes not included under that conversion to tax and displacing special-treatment provisions.
    Act RulesIncome Tax
    Show AI Summary
    Tax on accreted income: exit charge on nonprofit net assets measured by fair market valuation after triggering events.
    Special additional tax levies a one time charge on accreted income of specified persons (principally registered non profits) upon enumerated triggering events, measured as aggregate fair market value of total assets less total liabilities on a specified date, computed in accordance with prescribed valuation methods. Liability extends to the specified person and principal officer or trustee, and transferees may be assessee in default in limited dissolution cases. The earlier bill expressly empowered the Assessing Officer to compute accreted income after a hearing; the enacted text omits that express AO computation/hearing provision, and procedural timing and valuation rules await delegated legislation.
    Act RulesIncome Tax
    Show AI Summary
    Cancellation of registration for non-profit organisations follows specified violations including misuse of income and impermissible commercial activity.
    Section 351 enumerates specified violations by registered non-profit organisations that may trigger cancellation of registration: misuse of income, impermissible commercial activity, private religious applications lacking public benefit, non-genuine activities or non-compliance with registration conditions, final/undisputed external orders under other laws, and false information in the registration application. The Principal Commissioner/Commissioner may call for documents, hold inquiries, provide a hearing, and issue a written order canceling or not canceling registration, to be communicated to the Assessing Officer and organisation within a six-month timeline from the quarter-end of the first notice.
    Act RulesIncome Tax
    Show AI Summary
    Return filing obligation for registered non-profit organisations triggered when pre Part income exceeds non taxable threshold; timing cross-reference amended.
    A registered non-profit organisation must furnish a return of income for a tax year if its total income, computed without giving effect to the provisions of this Part, exceeds the maximum amount not chargeable to income-tax; the clause cross-references the general return-filing provisions for timing and procedure, and the enacted text modifies which procedural sub-clause governs the filing deadline.
    Act RulesIncome Tax
    Show AI Summary
    Restriction on commercial activities requires incidental nexus and segregated accounting for registered non-profits under statutory provision.
    Section 345 prohibits a registered non-profit organisation from carrying out commercial activity unless (a) the activity is incidental to the attainment of the organisation's objectives and (b) separate books of account are maintained for such activities; the Bill originally contained an in-text descriptive exception for organisations advancing objects of general public utility, while the enacted provision replaces that exception with a cross-reference to a statutory category in section 346.
    Act RulesIncome Tax
    Show AI Summary
    Deemed accumulated income rule limits investment obligation and ties permitted modes to actual investment, changing compliance exposure.
    The provision designates a deemed accumulated income amount calculated as a proportion of regular income after reductions for application of income and amounts accumulated or set apart; that deemed amount is excluded from the accumulated-income regime and, if invested or deposited, must be placed in modes permitted by the applicable investment provision. The enacted text clarifies the reduction base by expressly referencing the application-of-income mechanism and conditions the statutory constraint on investment modes upon an actual investment or deposit.
    Act RulesIncome Tax
    Show AI Summary
    Application of income: qualifying paid sums and an 85% recognition rule for donations, with corpus treated as nil.
    Clause 341 limits qualifying application of income to sums actually paid during the tax year that are allowable under sections 35(b)(i) and 36(4)-(7), recognises 85% of donations to other registered non-profits as application while treating corpus donations to other registered non-profits as nil, and permits reinvestment of corpus and repayment of borrowings as application only subject to five-year, post-31 March 2021 and compliance conditions, excluding depreciation already claimed and set-off of earlier excess application.
    Act RulesIncome Tax
    Show AI Summary
    Specified income triggers convert exempt receipts into taxable income when organisational uses or investments breach prescribed conditions and thresholds.
    Clause 337 lists events that convert otherwise exempt receipts of a registered non-profit organisation into specified income and fixes the tax year for taxation. It enumerates categories including anonymous donations (subject to a prescribed threshold and limited exemptions), amounts applied for related persons, overseas applications contrary to the application rule, investments or deposits made in breach of investment restrictions, corpus or accumulated funds used contrary to conditions, and income of business undertakings assessed in excess of books, while delegating computations and some definitions to subordinate rules.
    Act RulesIncome Tax
    Show AI Summary
    Taxable regular income threshold clarified: application must meet application rules and accumulation must meet accumulation rules for exemption.
    Section 336 prescribes that a registered non-profit's taxable regular income is nil if a prescribed threshold share of regular income for the tax year has been applied for charitable or religious purposes under the Part or accumulated for such purposes under the Part in that year; otherwise taxable regular income equals the prescribed percentage of regular income reduced by amounts so applied or accumulated in that tax year, with the computation anchored to the percentage base before deduction of qualifying amounts.
    Act RulesIncome Tax
    Show AI Summary
    Regular income classification for nonprofits now covers charitable receipts, investment returns, contributions and permitted commercial gains.
    Regular income for a registered non-profit comprises operational receipts from its registered charitable or religious activities, returns from property/deposit/investments (with a new distinction between wholly and part-held assets), voluntary contributions, and gains of permitted commercial activities; the Act changes terminology from "receipts" to "income," omits an explicit "capital or revenue" label for investment returns, excludes commercial gains from certain investment heads, expands cross-references to related provisions, and requires prescribed computation for commercial gains.
    Act RulesIncome Tax
    Show AI Summary
    Non-profit registration: eligibility, irrevocable trust requirement, timelines and commissioner's power to enquire and grant or cancel registration.
    Clause 332 sets eligibility and procedure for registration as a registered non-profit organisation: specified applicant categories; requirement of carrying out charitable purposes (per section 2(23)) or public religious purposes; properties held under an irrevocable trust for public benefit; differentiated filing windows, provisional registration, prescribed decision timelines, and validity periods (with extended validity for lower income applicants); Commissioner/Principal Commissioner empowered to enquire into genuineness, call for documents, condone delay for reasonable cause, and reject or cancel registration; uncured delay may attract taxability under the accreted income provision.
    Act RulesIncome Tax
    Show AI Summary
    Change in constitution of a firm: assessment attaches to the firm as constituted at the time of assessment.
    Where, at the time of making an assessment under sections 270 or 271, a change in the constitution of a firm is found, the assessment shall be made on the firm as constituted at that time; "change in constitution" includes partners ceasing to be partners, admission of new partners provided at least one pre existing partner continues, and changes in partners' shares, with a proviso excluding dissolution on account of a partner's death from the partner cessation limb.

    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