Comparison of Section 38 "Certain sums deemed as profits and gains of business or profession" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)
21 August, 2025
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Recapture of previously claimed deductions: reversals, recoveries and asset disposals treated as business income under tax law. Certain receipts are deemed profits and gains where they reverse or offset earlier deductions or allowances: remission or cessation of trading ... Summary
Recapture of previously claimed deductions: reversals, recoveries and asset disposals treated as business income under tax law.
Certain receipts are deemed profits and gains where they reverse or offset earlier deductions or allowances: remission or cessation of trading liabilities; gains on disposal of tangible assets where proceeds plus scrap value exceed written down value; sale of research capital assets sold without other use where proceeds plus prior deductions exceed capital expenditure; recoveries of bad debts previously deducted; and withdrawals from special reserves previously deducted. Applicability requires that the earlier allowance was made in assessment, assets were used for business or profession with depreciation claimed and allowed, and research assets were not used for other purposes; successors in business are within scope.
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