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 Recovery from Directors of Private Companies : Clause 323 of the Income Tax Bill, 2025 Vs. Secti...
    Personal Liability and Tax Compliance in Liquidation of companies : Clause 322 of Income Tax Bill, 2...
    Assessment and Enforcement against Dissolved Associations : Clause 321 of the Income Tax Bill, 2025 ...
    Accelerated Assessment upon Business Discontinuance ; Clause 320 of Income Tax Bill, 2025 Vs. Sectio...
    Preventing Tax Avoidance by Asset Transfer : Clause 319 of the Income Tax Bill, 2025 Vs. Section 175...
    Taxation of AOPs, BOIs, and AJPs Formed for Specific Purposes : Clause 318 of the Income Tax Bill, 2...
    Assessment of Individuals Leaving India : Clause 317 of the Income Tax Bill, 2025 Vs. Section 174 of...
    Enforcement of Tax Recovery from Non-Residents : Clause 422 of the Income Tax Bill, 2025 Vs. Section...
    Presumptive Taxation of Foreign Shipping Companies : Clause 316 of the Income Tax Bill, 2025 Vs. Sec...
    Taxation of Hindu Undivided Families after Partition : Clause 315 of the Income Tax Bill, 2025 Vs. S...
    Aligning Tax Assessments with Business Reorganisation and Modified Returns : Clause 314 of the Incom...
    Continuity of Tax Obligations in Business Succession : Clause 313 of Income Tax Bill, 2025 Vs. Secti...
    Rights and Obligations of executors of Deceased Estates regarding the recovery of taxes : Clause 312...
    Taxation of income arising from the estate of a deceased individual : Clause 312 of Income Tax Bill,...
    Joint and Several Liability of LLP Partners in Liquidation: Clause 331 of Income Tax Bill, 2025 vs. ...
    Legal and Practical Implications of Taxing AOPs/BOIs with Unknown Shares under Indian Income Tax Law...
    Understanding the Assessment and Taxation of Partnership Firms - Clause 324 of the Income Tax Bill, ...
    Remedies Against Property of Representative Assessees : Clause 304(5) of the Income Tax Bill, 2025 V...
    Direct assessment or recovery from Representative assessees : Clause 304(3) of the Income Tax Bill, ...
    Proportional Taxation of Trust Beneficiaries : Clause 304(4) of the Income Tax Bill, 2025 Vs. Sectio...
❯❯
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
    Director liability for unpaid company taxes: joint and several personal exposure subject to defence of absence of gross neglect.
    Clause 323 imposes joint and several personal liability on every person who was a director at any time during the relevant tax year where tax due from a private company cannot be recovered, with "tax due" including penalty, interest, fees and other sums; the director may avoid liability only by proving that non recovery was not attributable to gross neglect, misfeasance or breach of duty, and the provision overrides contrary company law provisions.
    Act RulesBills
    Show AI Summary
    Liquidator personal liability: enforced civil responsibility to secure tax dues during liquidation while aligning with insolvency priorities.
    Clause 322 requires any liquidator or receiver to notify the assessing officer within thirty days of appointment and, after the assessing officer notifies an amount sufficient to cover tax liabilities (within three months), to set aside that sum and refrain from disposing of assets without leave; exceptions permit payment of tax, secured creditors with legal priority, and reasonable winding up expenses. Non compliance attracts personal civil liability for the liquidator, capped at the notified amount where applicable, and obligations are joint and several, with Clause 322 subject to the primacy of the Insolvency and Bankruptcy Code.
    Act RulesBills
    Show AI Summary
    Assessment continuity: Dissolution of an AOP does not prevent assessment, penalty imposition, or recovery from members.
    Clause 321 permits assessment of an association of persons as if no discontinuance or dissolution had taken place, applying all statutory provisions including penalties and other sums. It empowers original and appellate officers to impose penalties specified in the penalty chapter, imposes joint and several liability on members and their legal representatives, and allows continuation of proceedings already commenced against such persons from the stage they stood at dissolution. A saving clause preserves interaction with specified cross referenced provisions.
    Act RulesBills
    Show AI Summary
    Accelerated assessment on business discontinuance enables taxation up to cessation with mandatory notice and taxation of post-cessation receipts.
    Clause 320 permits discretionary accelerated assessment of income up to the date of business discontinuance, mandates separate assessments for each completed tax year or part thereof, requires mandatory notification of discontinuance within fifteen days, empowers notice and information-gathering powers on persons, partners or officers, and deems post-discontinuance receipts to be taxable as income of the recipient while clarifying that tax charged under the clause is additional to any other tax liability.
    Act RulesBills
    Show AI Summary
    Preventive assessment of likely asset transfers: current year taxation triggered by AO belief of tax avoidance intent.
    Clause 319 empowers the Assessing Officer to tax the total income of persons believed likely to dispose of assets to avoid tax, charging income in the current tax year from its first day until proceedings commence; it requires formation of an AO opinion based on credible material, applies procedural provisions analogous to those for persons leaving the jurisdiction, and raises interpretive issues including the undefined scope of "assets", the standard for AO satisfaction, the truncated assessment period, and overlap with other anti avoidance rules.
    Act RulesBills
    Show AI Summary
    Taxation of short lived entities: income of event specific AOPs/BOIs/AJPs charged in the tax year up to dissolution.
    Clause 318 empowers the Assessing Officer to treat the total income of an AOP, BOI or AJP formed for a particular event or purpose as chargeable to tax for the tax year from its first day up to the date of dissolution where the AO is satisfied the entity is likely to dissolve, and applies the Bill's expedited procedural machinery for assessment, provisional determination and recovery.
    Act RulesBills
    Show AI Summary
    Assessment of persons leaving India: expedited tax assessment from the tax year start to departure with short notice requirements.
    Clause 317 permits the Assessing Officer to assess an individual's total income from the first day of the current tax year up to the probable date of departure where the AO reasonably believes the individual intends not to return; income is assessed by completed tax years or part-years at rates in force, may be estimated if not readily determinable, and the AO may require an expedited return within a minimum seven-day period, with taxes charged under this provision being additional to other tax liabilities.
    Act RulesBills
    Show AI Summary
    Recovery of tax from non residents: source withholding and attachment of any assets within India enable enforcement.
    Clause 422 and Section 173 authorise two primary enforcement mechanisms against non residents: recovery by deduction at source imposed on payers, agents or representative assessees, and recovery by attachment of any assets of the non resident that are, or may at any time come, within India. These powers apply whether tax is assessed in the non resident's name or in the name of a representative assessee and operate without prejudice to other assessment and recovery provisions, creating a continuing domestic enforcement right subject to definitional, procedural and treaty interaction issues.
    Act RulesBills
    Show AI Summary
    Presumptive taxation of foreign shipping secures Indian tax on carriage income via deemed income and port clearance linkage.
    Clause 316 introduces a presumptive regime deeming a fixed proportion of amounts paid or payable for carriage from Indian ports as income of non resident ship owners or charterers, includes demurrage and similar charges, requires the ship's master to file a pre departure return with the Assessing Officer (with limited deferred filing), empowers assessment within nine months, ties tax payment or satisfactory arrangements to port clearance, and preserves an option for regular assessment with payments treated as advance tax.
    Act RulesBills
    Show AI Summary
    HUF partition rules preserve deemed continuity and joint liability, limiting recognition of partial partitions and strengthening tax recovery.
    Clause 315 deems an assessed HUF to remain undivided for tax purposes until a formal finding of partition is recorded; mandates AO inquiry with notice to all members when a partition is claimed; assesses HUF income up to the partition date as if no partition occurred; imposes joint and several liability on former members for tax, penalties, interest and other sums; allows recovery from pre-partition members; computes several liability in proportion to property allotted; and disallows recognition of partial partitions for tax purposes within the specified post-cut-off period.
    Act RulesBills
    Show AI Summary
    Modified return requirement ensures tax assessments follow business reorganisation orders and must be adjusted accordingly.
    Clause 314 mandates that a successor entity furnish a modified return within the prescribed period after a business reorganisation order, limited to changes necessitated by that order, and requires the Assessing Officer to modify completed assessments or complete pending assessments in accordance with the order and the modified return; ordinary Act provisions apply unless expressly overridden, and key terms including business reorganisation and successor are defined with coverage of insolvency-sanctioned reorganisations.
    Act RulesBills
    Show AI Summary
    Continuity of tax liability on business succession: successor taxed post succession and may bear predecessor's unrecoverable dues.
    Clause 313 mandates that the predecessor is assessed for income up to the succession date and the successor for income thereafter in the same tax year; pending proceedings against the predecessor are deemed on the successor; if the predecessor cannot be found or dues are irrecoverable, assessment and recovery may be effected on the successor, who may then recover amounts from the predecessor. The clause explicitly includes gains from transfer in "income" and defines "pendency" for insolvency and tribunal contexts, aligning tax continuity with insolvency processes.
    Act RulesBills
    Show AI Summary
    Executor's right of recovery: statutory mechanism to reclaim taxes paid from the estate, subject to procedural adaptations.
    Clause 312(7) makes Section 305 applicable to executors "so far as may be" in respect of tax paid or payable by them, treating executors as representative assessees and thereby enabling statutory recovery of taxes from the estate or beneficiaries while permitting necessary adaptations of procedures and raising questions on priority and apportionment in insolvent or contested estates.
    Act RulesBills
    Show AI Summary
    Taxation of deceased estates: executor liable for estate income until complete distribution, with legatee inclusion on distributed income.
    Clause 312 taxes income of a deceased person's estate in the hands of the executor or administrator, with a single executor assessed as an individual and multiple executors as an association of persons; the executor is deemed to have the deceased's residential status for the tax year of death, assessments of estate income are separate from the executor's personal returns, separate assessments apply for each tax year or part thereof until complete distribution, and income distributed to specific legatees is excluded from the estate's income and included in the legatees' income.
    Act RulesBills
    Show AI Summary
    Joint and several liability of LLP partners applies where tax dues cannot be recovered from the LLP, subject to exculpation.
    Clause 331 makes every person who was a partner of an LLP during the relevant tax year jointly and severally liable for any tax, penalty, interest, fees or other sums payable under the Income tax law that cannot be recovered from the LLP or relevant persons, expressly overriding LLP Act protections. Liability is triggered only after non recovery from the LLP and is rebuttable: a partner can escape liability by proving that the non recovery was not due to his gross neglect, misfeasance, or breach of duty.
    Act RulesBills
    Show AI Summary
    Taxation of AOPs/BOIs with unknown member shares: maximum marginal rate applied to deter tax avoidance.
    Clause 311 mandates taxation of an AOP/BOI's total income at the maximum marginal rate where members' shares are indeterminate or unknown, and requires taxation at any higher rate applicable to any member; when shares are determinate, it taxes the whole income at the maximum marginal rate if a member's other income exceeds the exemption threshold, while portions attributable to members chargeable at higher rates are taxed at those higher rates, with a deeming provision treating shares as indeterminate if so at formation or thereafter.
    Act RulesBills
    Show AI Summary
    Firm taxation: firms taxed on total income at rates set annually in the Finance Act.
    Clause 324 charges a firm which is assessable as a firm with tax on its total income at the rate specified in the Finance Act for the relevant year, applying only to entities that qualify as firms and requiring alignment with definitional, computation and allocation provisions elsewhere in the Act.
    Act RulesBills
    Show AI Summary
    Representative assessee liability: authorities may use the same remedies against property under a representative's control to recover tax dues.
    Clause 304(5) of the Income Tax Bill, 2025, mirrors Section 167 by empowering the Assessing Officer to exercise the same remedies in the same manner against all property vested in, or under the control or management of, a representative assessee as would be available against a person directly liable for tax, covering all kinds of property and applying regardless of whether the tax demand is raised against the representative or the beneficiary.
    Act RulesBills
    Show AI Summary
    Direct assessment empowers tax authorities to bypass representative assessees and pursue beneficiaries directly, preserving recovery powers.
    Clause 304(3) (Income Tax Bill, 2025) and Section 166 (Income tax Act, 1961) are non obstante provisions empowering the AO to directly assess and recover tax from the person entitled to income, irrespective of the existence of a representative assessee; these powers are discretionary, cover both assessment and recovery, preserve procedural safeguards for the beneficiary, and operate as alternative (not cumulative) mechanisms to prevent revenue loss due to procedural technicalities or representative non cooperation.
    Act RulesBills
    Show AI Summary
    Proportional apportionment clarifies how beneficiaries' trust distributions are computed for tax using a statutory formula.
    Clause 304(4) prescribes that where only part of a trust's income is chargeable, the taxable portion of a beneficiary's receipts is determined by multiplying the beneficiary's receipt by the ratio of the trust's chargeable part to its whole income (A x C / B), thereby codifying proportional apportionment and imposing related recordkeeping and reporting obligations on trustees and representative assessees.

    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