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    competitive taxation structure for shipping companies : Clause 228(14) and (15) of the Income Tax Bi...
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    Allocation of shared costs and depreciation: apportionment on reasonable basis and fair proportion affects tonnage tax computations.
    Clause 228(14) requires common costs attributable to the tonnage tax business to be allocated on a reasonable basis, with taxpayers maintaining records to support apportionment. Clause 228(15) requires depreciation for assets other than qualifying ships to be apportioned on a fair proportion determined by the Assessing Officer with reference to actual use. Both provisions mirror Section 115VJ, vesting discretion in the AO and preserving the objective of preventing tax arbitrage while increasing documentation and compliance burdens.
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    Tonnage tax regime: clarifies qualifying shipping income, market value inter company valuation, and related party anti avoidance adjustments.
    Tonnage tax applies to qualifying shipping income measured by net tonnage, defined as profits from specified core shipping activities and prescribed incidental activities; incidental income above a prescribed threshold is excluded. Inter business transfers must be computed at market value, with assessing officer power to use reasonable bases in exceptional cases. Related party arrangements producing more than ordinary profits may be adjusted to reasonable levels. The Central Government may exclude activities or set limits by notification subject to parliamentary laying. Losses in tonnage computation are ignored.
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    Allocation of tonnage income: proportional or independent computation affects tax treatment of jointly operated qualifying ships.
    Computation of tonnage income for jointly operated qualifying ships follows a two-step approach: where participating companies' shares are definite and ascertainable, income is allocated proportionately to each company; where shares are not definite and ascertainable, tonnage income for each operator is computed as if it were the sole operator. The rule aligns taxation with economic interest, creates documentary and compliance incentives, functions as an anti-avoidance measure, and may interact with cross-border tax rules, requiring clearer guidance on "definite and ascertainable" shares and documentation standards.
    Act RulesBills
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    Tonnage tax regime: ships' taxable income computed by daily tonnage rates and aggregation, excluding deductions.
    Clause 227(1)-(6) prescribes a ship wise tonnage tax: each qualifying ship's tonnage income equals its daily tonnage income multiplied by qualifying days, with daily rates set by a four tier slab linked to certified net tonnage. Tonnage includes certified physical tonnage and prescribed deemed tonnage for slot and sharing arrangements, rounded to the nearest hundred tons. A non obstante clause bars any deductions or set offs, making the computed tonnage income the exclusive tax base under the Part.
    Act RulesBills
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    Tonnage tax scheme: deemed tonnage income treated as business profits, excluding actual shipping income under eligibility conditions.
    Clause 226(7) mandates that tonnage income be computed under a separate formulaic provision and be deemed to be the profits chargeable under business income, while expressly excluding the actual "relevant shipping income" from tax once the tonnage computation applies; these effects are conditional on compliance with the Part's eligibility, option, separation, and record keeping requirements.
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    Tonnage tax scheme: elective presumptive taxation for shipping income, requiring separate accounting and exclusive computation under qualifying criteria.
    The tonnage tax scheme is an elective presumptive regime requiring eligible companies operating qualifying ships to compute profits from that business exclusively under the tonnage basis; the tonnage tax business is treated as a separate business with independent computation and accounting, and companies not opting or ineligible must compute shipping profits under the normal provisions of the Act.
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    Qualifying ship definition governs tonnage tax eligibility by tying registration, certification, and operational use to tax benefit access.
    The definition of qualifying ship in Clause 235(i) requires three operative conditions for tonnage tax eligibility: a minimum net tonnage, registration under the relevant shipping statute or an authorised foreign licence, and a valid certificate evidencing net tonnage. It lists explicit exclusions-vessels providing services normally provided on land, fishing vessels, factory ships, pleasure crafts, harbour and river ferries, offshore installations-and disqualifies vessels used for fishing beyond a specified threshold in a tax year, anchoring eligibility in maritime regulatory certification and operational use.
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    Place of effective management central to qualifying company status, restricting tonnage tax benefits to genuinely India-managed shipping firms.
    The qualifying company for the tonnage tax regime must satisfy four cumulative conditions: be an Indian company; have its place of effective management in India-defined to include decisions made by executives as well as the board; own at least one qualifying ship; and have its main object as operating ships. Clause 235(h) consolidates these criteria within a broader definitional framework and references updated maritime legislation to clarify eligibility and reduce interpretive disputes.
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    Tonnage tax eligibility defined by operation status: owners and charterers qualify, long term bareboat lessors excluded.
    Clause 226(1) treats a company as operating a ship or inland vessel if it owns or charters a vessel, including partial charters such as slot, space, or joint charters, and excludes companies that have chartered out vessels on bareboat charter or bareboat charter cum demise terms for periods exceeding three years, thereby distinguishing operational risk bearing operators from passive, long term financiers for purposes of the tonnage tax scheme.
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    Tonnage tax regime: option to compute shipping income on a tonnage basis with deeming treatment as business profits.
    Clause 225 creates a self-contained tonnage tax regime for companies operating qualifying ships, allowing an option to compute income under its Part with a deeming provision treating that income as profits and gains of business; key operational questions concern the definition of qualifying ships, the option's exercise and lock-in mechanics, and interaction with loss set-off, allowances, and other tax measures.
    Act RulesBills
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    Tonnage tax definitions: expanded, self-contained eligibility rules broaden coverage and tighten residency and exclusion tests.
    Clause 235 consolidates and expands tonnage tax definitions by explicitly including inland vessels, embedding a detailed qualifying company test requiring Indian residency, ownership of qualifying ships, principal shipping business, and a specified place of effective management; it also defines qualifying ship with tonnage, registration/licensing and certification requirements and enumerated exclusions to prevent abuse.
    Act RulesBills
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    Pass-through taxation preserves investor-level tax treatment of investment fund income while ring-fencing fund-level losses.
    Clause 224 restates a pass-through regime: income from investments in a regulated fund is taxed in the hands of unit holders as if held directly, while business income remains taxable at the fund level. Business losses are ring fenced at the fund; other losses pass through subject to holding period conditions and transitional attribution of legacy losses to unit holders. Income retained by the fund is deemed credited to unit holders at year end and prescribed statements must be furnished to unit holders and tax authorities to secure transparency and enforcement.
    Act RulesBills
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    Pass-through taxation for business trusts preserves income character and shifts tax consequences to unit holders with reporting duties.
    The clause establishes a statutory pass-through mechanism under which income distributed by business trusts is deemed to retain its original character and proportion in the hands of unit holders, while subjecting the trust's total income to tax at the maximum marginal rate subject to specified withholding provisions; it also deems certain scheduled categories of distributed income taxable on distribution, carves out specified statutory exceptions, and imposes prescribed reporting obligations on payers to unit holders and tax authorities.
    Act RulesBills
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    Pass-through taxation of venture capital income taxes investors as if invested directly, with reporting and deemed-credit safeguards.
    Pass-through taxation requires that income arising to investors from venture capital companies or funds be taxed in the investor's hands as if invested directly, with the fund and payer furnishing prescribed statements to investors and tax authorities; undistributed income is deemed credited to investors at year-end in proportion to entitlement, while income already included on an accrual basis is not taxed again on actual payment; specified investment funds are excluded and key terms are defined in the schedule.
    Act RulesBills
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    Tax on accreted income: transferees and officers may be deemed assessees in default, with liability limited to asset value.
    Clause 352(8) deems the specified person (NPO) and its principal officer or trustee to be assessee in default for unpaid tax on accreted income and applies all recovery provisions of the Act; it also deems a transferee of assets in specified dissolution cases to be an assessee in default in respect of such tax. Clause 352(9) limits the transferee's liability to the extent the asset received is capable of meeting the liability, ensuring proportionality in recovery.
    Act RulesBills
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    Accreted income interest compels prompt tax payment and creates joint personal liability for trustees and principal officers.
    Clause 352(7) imposes simple interest for delayed payment of tax on accreted income, with joint and several liability on the specified person and the principal officer or trustee; interest is computed monthly (any part-month treated as a full month) using an explicit formula, and liable persons are deemed assessee in default to enable statutory recovery mechanisms.
    Act RulesBills
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    Exit tax on accreted income expands triggers and fixes final levy after prescribed valuation and procedural safeguards.
    A tax on accreted income charges NPOs additional income tax at the maximum marginal rate when specified events occur; accreted income equals aggregate fair market value of assets less total liabilities on a specified date, computed under prescribed valuation methods, with exclusions as prescribed. The Assessing Officer must afford a hearing before ordering tax, the bill sets a detailed table of triggering events and payment timelines, and the tax payment is final with no further credit or deduction allowed.
    Act RulesBills
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    Pass-through taxation for securitisation trust income preserves investor-level taxation while mandating reporting and deemed-accrual rules.
    Clause 221 establishes a pass-through taxation regime for income from securitisation trusts, preserving the character and proportion of underlying income in the hands of investors, deeming unpaid accruals as credited on the last day of the tax year to prevent deferral, requiring prescribed statements to investors and tax authorities, and preventing double taxation by excluding income already taxed on accrual from subsequent inclusion on actual payment.
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    Minimum alternate tax definitions shape MAT/AMT computation and Ind AS transition treatment, narrowing tax arbitrage opportunities.
    Clause 206(19) supplies granular definitions aligning MAT/AMT computation with Ind AS convergence, insolvency law and cross statutory terms. Key terms include adjudicating authority (IBC), convergence date, transition amount with specified exclusions, net worth, company classifications, securities, tribunal, unit (IFSC) and year of convergence. These definitions phase in Ind AS transition impacts, harmonize tax and insolvency treatment, clarify eligibility for concessional AMT rates, and reduce tax arbitrage and interpretive disputes compared with the narrower definitions in Section 115JF.
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    Minimum alternate tax exclusions: narrow MAT/AMT to specified taxpayers including life insurers, alternative regime opters, presumptive and small taxpayers.
    Clause 206(18) narrows MAT/AMT applicability by exempting companies with life insurance income, taxpayers who opt for specified alternative tax regimes, persons taxed under special or presumptive computation sections, specified funds identified in the Schedule, and non corporate persons whose adjusted total income falls below the statutory threshold; the exclusions reflect sectoral accounting differences, aim to promote concessional regimes and financial competitiveness, and reduce compliance burdens while requiring clear definitions and anti abuse safeguards.

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      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

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      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