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
    Clarification regarding advance tax while filing Updated Return
    NewsBills
    Relief from special provision for higher rate of TDS/TCS for non-filers of income-tax returns
    NewsBills
    Facilitating TDS credit for income already disclosed in the return of income of past year
    NewsBills
    TDS on payment of accumulated balance due to an employee
    NewsBills
    Tax treaty relief at the time of TDS under section 196A of the Act
    NewsBills
    Excluding non-banking financial companies (NBFC) from restriction on interest deductibility
    NewsBills
    Amendments in consequence to new provisions of TDS
    NewsBills
    Penalty for furnishing inaccurate statement of financial transaction or reportable account
    NewsBills
    Provisions relating to reassessment proceedings
    NewsBills
    Modification of directions related to faceless schemes and e-proceedings
    NewsBills
    Alignment of timeline provisions under section 153 of the Act
    NewsBills
    Rationalization of the provisions of the Prohibition of Benami Property Transactions Act, 1988 (the ...
    NewsBills
    Provisions related to business reorganisation
    NewsBills
    Assistance to authorised officer during search and seizure
    NewsBills
    Rationalisation of Appeals to the Appellate Tribunal
    NewsBills
    Reducing the time provided for furnishing TP report
    NewsBills
    Introduction of the authority of Joint Commissioner (Appeals)
    NewsBills
    Extension of time for disposing pending rectification applications by Interim Board for Settlement
    NewsBills
    Defining the cost of acquisition in case of certain assets for computing capital gains
    NewsBills
    Prevention of double deduction claimed on interest on borrowed capital for acquiring, renewing or re...
❯❯
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
    Interest computation on updated returns clarified: interest calculated on assessed tax reduced by claimed advance tax credit, retrospective.
    The amendment specifies that interest under the general interest provision shall be computed on the assessed tax reduced by the amount of advance tax credit claimed in the earlier return, if any; this clarification applies to interest computation for updated returns and is made retrospective to the commencement of the updated return regime.
    NewsBills
    Show AI Summary
    Specified person exclusion: amendment exempts those not required to file returns from higher TDS/TCS consequences, effective April.
    The definition of specified person for higher TDS/TCS is amended to exclude any person who is not required to furnish a return for the relevant assessment year and who is notified by the Central Government in the Official Gazette, thereby relieving persons not required to file from the special higher withholding regime.
    NewsBills
    Show AI Summary
    TDS credit facilitation lets taxpayers apply to amend prior assessments to claim later-deducted TDS as credit.
    A provision enables an assessee who reported income in an earlier return to apply to the Assessing Officer within two years from the end of the financial year in which TDS was later deducted, for amendment of the earlier assessment or intimation to allow credit of that TDS in the relevant assessment year; rectification rules apply so far as practicable with the limitation period reckoned from the end of the financial year when TDS was deducted, and the same TDS cannot be credited in any other year.
    NewsBills
    Show AI Summary
    TDS on accumulated provident fund payments: non PAN payees taxed at the standard non PAN rate under section 206AA, not maximum.
    The amendment omits the second proviso to Section 192A so that where a payee fails to furnish PAN in respect of an accumulated balance payment under the Employees' Provident Fund Scheme, tax will be deducted at the non PAN rate prescribed under section 206AA rather than at the maximum marginal rate; the exemption for payments below the monetary threshold remains unaffected and the change is effective from 1 April 2023.
    NewsBills
    Show AI Summary
    Tax treaty relief: lower TDS on specified non-resident fund income where residency certificate is furnished under treaty.
    Amendment provides that TDS on payments to eligible non-residents for specified mutual fund units or specified company distributions shall be at the lower of the statutory rate and the rate under the applicable tax treaty, where the payee furnishes the required tax residency certificate; the change is effective from 1 April 2023.
    NewsBills
    Show AI Summary
    Interest deduction limitation: proposed carve-out to exclude specified NBFCs from restrictions on interest deductibility under the Act.
    The Finance Bill proposes to amend the exclusion from the interest deductibility restriction so that nothing in sub section (1) shall apply to: (i) companies engaged in banking or insurance; or (ii) such class of non banking financial companies as may be notified by the Central Government, with "non banking financial company" adopting the Act's established definition and the amendment effective from 1 April 2024.
    NewsBills
    Show AI Summary
    TDS compliance: failing to ensure tax on in kind benefits, VDAs and online winnings invites penalty and prosecution.
    Amendments add references to the first provisos of Section 194R and Section 194S and to subsection (2) of proposed Section 194BA into Section 271C (penalty) and Section 276B (prosecution), thereby making failure to deduct or to ensure payment of tax where benefits, virtual digital assets or online-game winnings are wholly or partly in kind subject to penalty equal to the tax not deducted or paid and to prosecution; drafting changes align language with parent TDS provisions and the amendments have staged commencements.
    NewsBills
    Show AI Summary
    Penalty for false self-certification: reporting institutions face an additional levy and may recover amounts from account holders.
    A new sub section makes a prescribed reporting financial institution liable to an additional fixed monetary penalty when an inaccuracy in its statement of specified financial transactions or reportable accounts is due to false or inaccurate information submitted by the account holder; the penalty is imposed by the income tax authority prescribed for the reporting provision, and the reporting institution may recover the amount from or retain funds of the reportable account holder.
    NewsBills
    Show AI Summary
    Reassessment limitation period: exclusion and deeming extend notice timelines for searches conducted late in the year.
    Amendments streamline reassessment by prescribing a three month deadline to furnish a return to a section 148 notice (subject to AO extension) and state that returns filed beyond that period will not be deemed returns under section 139. Section 149's limitation rules are preserved, with provisos excluding a fifteen day period from limitation computations and deeming notices arising from late year searches or requisitions to have been issued on the last day of the financial year. Section 151's specified authority list is clarified and the excluded/extended period must be counted when computing the three year threshold.
    NewsBills
    Show AI Summary
    Power to amend directions for faceless and e-proceedings enables post-expiry modification by notification in Official Gazette.
    The Central Government may amend or modify directions issued for faceless schemes and e-proceedings after the originally prescribed time limits, by notification in the Official Gazette, where such directions were issued before the expiry of those limitation periods; the amendment power has specified commencement dates for different provisions.
    NewsBills
    Show AI Summary
    Assessment time limits expanded to permit fuller scrutiny, align updated return treatment and extend search linked reassessment periods.
    The proposal amends section 153 to extend timeframes for completion of assessment and reassessment, align the period applicable to orders following updated returns, insert a new sub section to extend limitation periods where search under section 132 or requisition under section 132A is initiated or where seized material relates to the assessee, and to make existing timeline provisions applicable to revision orders passed by senior commissioners, with prospective commencement provided in the Bill.
    NewsBills
    Show AI Summary
    Appeal filing period revised - time runs from receipt of the adjudicating authority's order at the IO or aggrieved party.
    The amendments shift the start of the appeal limitation period to the date an Adjudicating Authority's order is received in the office of the Initiating Officer or the aggrieved person, and they extend the same rule to orders under section 54A. They also modify the definition of High Court to provide jurisdictional clarity for non-resident appellants or respondents by designating the High Court where the Initiating Officer's office is located when no ordinary residence, business or gainful work place falls within any High Court's territory. Effective date: 1 April 2023.
    NewsBills
    Show AI Summary
    Business reorganisation obligations require successors to file modified returns and compel Assessing Officers to align assessments with reorganisation orders.
    Section 170A requires successor companies affected by a business reorganisation to furnish a modified return in prescribed form and manner limited to the reorganisation order, enabling modification of predecessor returns. The Assessing Officer must, on receipt, modify completed assessments or assess/reassess pending proceedings in accordance with the reorganisation order and the modified return, with all other Act provisions applying and tax charged at the rate applicable to the relevant assessment year.
    NewsBills
    Show AI Summary
    Search and seizure powers expanded to allow Board approved external experts and registered valuers to assist with valuation and data forensics.
    Amendments permit authorised officers during searches to requisition Board approved persons or entities, including digital forensic experts and registered valuers, to assist with search, valuation and data analysis, and require such valuers to submit prescribed fair market value reports to the authorised officer or Assessing Officer within the stipulated timeline; the law also defines execution of the last authorisation to link assessment timelines to the close of search proceedings.
    NewsBills
    Show AI Summary
    Appeals to Appellate Tribunal broadened to include penalties by Commissioner (Appeals) and revision orders by senior commissioners.
    The amendment expressly permits appeals to the Appellate Tribunal against penalty orders imposed by Commissioner (Appeals) under recent penalty provisions, and permits appeals against revision orders by senior commissioners and related rectifications. It also broadens the right to file a memorandum of cross-objections so respondents may file cross-objections in all cases that may be appealed to the Appellate Tribunal, correcting the previous limitation to appeals originating only from Commissioner (Appeals).
    NewsBills
    Show AI Summary
    Timeframe for transfer pricing document production shortened; limited extension remains to manage TP proceeding timelines.
    The amendment reduces the period to furnish transfer pricing information or documents to ten days from the date of a notice, with an available extension on application by the taxpayer not to exceed an additional thirty days; the Assessing Officer or the Commissioner (Appeals) may require such production in proceedings concerning international transactions or specified domestic transactions. The change is aimed at streamlining timelines for examination of submitted material and takes effect from 1st April, 2023.
    NewsBills
    Show AI Summary
    Joint Commissioner (Appeals) authority created to hear specified first appeals with transfer, rehearing and scheme-based procedural powers.
    Introduction of a Joint Commissioner (Appeals) as a first appellate authority for specified orders of Assessing Officers below Joint Commissioner rank, vested with powers similar to Commissioner (Appeals). The proposal lists appealable orders (assessment, reassessment, withholding/collection intimations, penalty and rectification amendments), permits transfers of pending appeals between Commissioner (Appeals) and Joint Commissioner (Appeals) with rehearing rights, allows the Government to notify a Scheme to streamline procedures and remove direct interface technologically, and empowers the Board to exclude cases or classes; consequential definitional amendments align the new office.
    NewsBills
    Show AI Summary
    Extension of time for settlement procedures to allow interim boards more time to dispose rectification applications.
    The Finance Act, 2021 abolished the Settlement Commission retrospectively from 01.02.2021 and authorized Interim Boards for Settlement to handle pending applications; clause (iv) of sub section (9) of section 245D excluded the period from 01.02.2021 until constitution of the IBS from time limit computation and assured a minimum remaining period, and the Finance Bill, 2023 proposes substituting that clause to extend specified expiring time limits to 30.09.2023 with retrospective effect from 01.02.2021 to allow IBS additional time for disposing rectification and amendment applications.
    NewsBills
    Show AI Summary
    Cost of acquisition deemed nil for certain intangible assets, altering capital gains computation and taxability.
    Amendment treats the cost of acquisition and cost of improvement of capital assets that are intangible assets or other rights for which no consideration was paid as Nil for computing capital gains, clarifying that assets not covered by existing enumerated provisions shall have no cost basis, and thereby resolving judicial uncertainty about taxability of gains on such transfers. The amendment applies prospectively from the Bill's stated effective date and to subsequent assessment years.
    NewsBills
    Show AI Summary
    Prevention of double deduction: interest claimed under house property or chapter VIA excluded from cost of acquisition for capital gains.
    The Finance Bill proposes a proviso to section 48 that the cost of acquisition or cost of improvement shall exclude any interest amount claimed as a deduction under section 24 or under Chapter VIA, to prevent double deduction when computing capital gains.

    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 42 "Capitalising impact of foreign exchange fluctuation" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      26 August, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 42 Capitalising impact of foreign exchange fluctuation.

      Income-tax Act, 2025

      At a Glance

      Clause 42 of the Income Tax Bill, 2025 (Old Version) proposes to capitalise the impact of foreign exchange fluctuation by adjusting the actual cost or capital expenditure linked to assets acquired from outside India. It matters to taxpayers acquiring capital assets or borrowing in foreign currency, and to tax administration in assessing capital costs and subsequent depreciation or capital gains. Effective date or enactment timing: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 42 is framed within the heads "Profits and gains of business or profession" and interacts by cross-reference with other sections identified in the clause (notably section 39, section 45(1)(a) or (c), section 32(i) and section 72, per the Bill text). The provision aims to treat variations in liability arising from changes in exchange rates when payments are made in relation to assets acquired from countries outside India.

      Definitions or explanations: The Bill provides a computation mechanism for "variation in liability" by the formula A = B - C, and describes B and C in relation to payments and corresponding liabilities in Indian currency at acquisition. The Bill explicitly excludes amounts "met, directly or indirectly, by any other person or authority" from B. No other definitions (e.g., "asset", "payment", "tax year", "liability") are elaborated within Clause 42 itself.

      Statutory Provision Mode

      Text & Scope

      Clause 42 applies where, at the time of making payment during the tax year, there is a variation in an assessee's liability as expressed in Indian currency due to change in the rate of exchange in relation to an asset acquired for business or profession in foreign currency from a country outside India. It operates irrespective of other provisions of the Act.

      The clause prescribes computation of "variation in liability" as A = B - C, where B is the amount paid in Indian currency (excluding parts paid by others) during the tax year for either (a) whole or part of the cost of the asset, or (b) repayment of money borrowed along with interest in foreign currency specifically for acquiring such asset; and C is the liability in Indian currency corresponding to the amount referred to in B at the time of acquisition.

      Subsection (3) mandates that the variation (A) be added to or reduced from one of three categories: (a) actual cost of the asset as per section 39; (b) expenditure of capital nature referred to in section 45(1)(a) or (c) or 32(i); or (c) cost of acquisition of a capital asset (other than assets referred in section 74) for the purpose of section 72. The resultant amount shall be taken as the actual cost or amount of capital expenditure or cost of acquisition as applicable.

      Subsection (4) provides a special rule where the assessee has a forward contract or booking with an authorised dealer under FEMA: for so much of the contracted sum available to discharge the liability, the amount to be added or deducted shall be computed with reference to the contract exchange rate specified therein.

      Interpretation

      Legislative intent as indicated: The clause intends to align tax accounting for capital costs with economic reality of exchange rate movements - i.e., to capitalise gains or losses arising from exchange rate variation into the cost base of assets or capital expenditure. The insertion of the FEMA authorised-dealer clause indicates a purposive approach to respect hedging/forward cover arrangements and to use contract rates where those rates specifically secure the liability.

      Interpretive principles signalled by the text: timing of conversion is critical - B is "amount paid ... during the tax year"; C is the liability "at the time of acquisition"; comparison is currency conversion focused. The exclusion of amounts paid by third parties suggests a focus on the assessee's net economic exposure only.

      Exceptions/Provisos

      No express provisos beyond subsection (4) are present. The clause excludes capital assets referred to in section 74 from the cost of acquisition category under (3)(c). Any other exceptions or thresholds: Not stated in the document.

      Illustrations

      • Example 1 (simple): A company acquires machinery from abroad. At acquisition, the liability corresponded to Rs. 100 lakh. During the tax year, it pays Rs. 110 lakh (B). Variation A = 110 - 100 = Rs. 10 lakh. The Rs. 10 lakh will be added to actual cost u/s 39 (provided the payment relates to cost). (Numerical specifics beyond formula: Not stated in the document.)

      • Example 2 (borrowed funds): An assessee borrows in foreign currency to purchase an asset. Repayment during the tax year in INR exceeds the INR-equivalent liability at acquisition; the difference is to be adjusted to the capital cost or capital expenditure as appropriate. (Precise examples and rounding/valuation rules: Not stated in the document.)

      Interplay

      The clause explicitly interacts with section 39 (actual cost), section 32(i)/section 45(1)(a)/(c) (capital expenditure references), section 72 (carry forward/set-off for capital losses), and section 74 (exceptions). It also references the definition of "authorised dealer" in section 2 of FEMA, 1999 for the forward-contract exception. Beyond these cross-references, detailed rules, procedural guidance, or aligning amendments to rules/circulars: Not stated in the document.

      Differences between Section 42 of the Income-tax Act, 2025 and Clause 42 of the Income Tax Bill, 2025 - (Old Version)

      • Scope of exclusion for amounts met by third parties: The Act (Section 42) expressly treats the exclusion-"liability shall exclude any part met directly or indirectly by any other person or authority"-in subsection (2) as part of the definition for computing variation; the Bill (Clause 42) embeds this exclusion into the definition of B, describing B as "amount paid in Indian currency (excluding any part met, directly or indirectly, by any other person or authority) during the tax year...".

        Practical impact: Both texts exclude third-party-funded portions, but the Act's placement separates the exclusion from the definition of B (stated in the general provision) whereas the Bill embeds it within B. This is primarily drafting difference with no clear substantive change in effect if interpreted consistently, but the Act's phrasing may be marginally clearer that the exclusion applies to the entire computation rather than only to B.

      • Wording on payment expression and acquisition currency: The Act states B as "payment expressed in Indian currency at the time when it is made-(a) towards the whole or part of the cost of asset; or (b) towards repayment of the whole or part of the moneys borrowed, directly or indirectly, along with interest in foreign currency, specifically for acquiring such asset;". The Bill specifies B as "amount paid in Indian currency ... during the tax year for acquisition of the asset for-(a) the whole or part of the cost of asset; or (b) repayment of money borrowed along with interest in foreign currency, specifically for acquiring such asset;".

        Practical impact: The Act emphasises "payment expressed in Indian currency at the time when it is made" and explicitly includes repayments of moneys borrowed "directly or indirectly" whereas the Bill's wording is marginally narrower in phrasing ("amount paid ... during the tax year for acquisition of the asset for..."). The Act's explicit phrase "expressed in Indian currency at the time when it is made" clarifies conversion timing and may reduce interpretive disputes on which conversion rate applies at payment.

      • References to provisions where capital expenditure appears: The Bill (Clause 42) lists subsection (3)(b) as "expenditure of capital nature referred to in section 45(1)(a) or (c) or 32(i);" whereas the Act (Section 42) lists (3)(b) as "expenditure of capital nature referred to in section 32(i) or 45(1)(a)(i);".

        Practical impact: There is a reordering and apparent alteration of cross-references. The Bill references section 45(1)(a) or (c) or 32(i); the Act references section 32(i) or 45(1)(a)(i). This could be substantive if the targeted subclauses differ materially in scope (i.e., different heads or sub-clauses of section 45 or 32). The change may narrow or adjust which capital expenditures are covered; practitioners will need to compare the exact text and numbering of those sections to determine whether some categories of capital expenditure are added or removed from the ambit of capitalisation of forex variation.

      • Minor drafting and cross-reference changes: The Act refers to "asset acquired for the purpose of business or profession from a country outside India" while the Bill states "asset acquired for the purpose of business or profession in foreign currency from a country outside India."

        Practical impact: The Bill's explicit mention of "in foreign currency" makes clear the rule targets acquisitions paid in foreign currencies; the Act omits the explicit "in foreign currency" phrase but otherwise requires conversion and deals with exchange rate variation. This may be construed as a non-substantive drafting simplification but could raise interpretive questions about assets acquired in non-foreign-currency transactions (e.g., invoices denominated in INR though supplier is non-resident). The Bill's phrasing was clearer in expressly limiting to foreign-currency denominated transactions; the Act relies on the mechanics to convey the same effect.

      • Computation formula and labels: Both use A = B - C but Bill defines B and C in slightly different terms and locations. The Act explicitly labels B and C lines with parentheses and clarifies inclusion of repayments "directly or indirectly" in subsection (2). The Bill places the exclusion of third-party payments inside B and specifies "during the tax year".

        Practical impact: The Act's explicit "at the time when it is made" language and clearer placement of exclusions may aid administrability and reduce disputes about conversion date and scope of excluded amounts. The Bill's "during the tax year" phrasing requires attention to timing; the Act's language tying conversion to payment timing reduces ambiguity.

      Practical Implications

      • Compliance areas: Taxpayers must track exchange-rate conversion at two points - (i) the liability at time of acquisition (C) and (ii) amounts paid in INR during the tax year (B). Records should show how INR equivalents were computed at acquisition and at payment, and any amounts met by third parties must be separately identified to exclude from B.
      • Hedging and contract reliance: Where a forward contract with an authorised dealer exists, the contract rate governs computation for the portion covered. Taxpayers hedging foreign currency liabilities should maintain contract documentation and ensure alignment with the clause's requirement to compute with reference to the agreed rate.
      • Depreciation and capital gains: Adjustments to actual cost or cost of acquisition affect depreciation bases and future capital gains computation u/ss referenced; appropriate adjustments must be reflected in books and tax returns per the clause.
      • Record-keeping/evidence: Invoices showing currency denomination, exchange conversion calculations at acquisition, bank/payment records showing INR payments, loan documents specifying foreign currency borrowings, allocations showing third-party payments, and forward contract documents with authorised dealers should be preserved.

      Key Takeaways

      • Clause 42 requires adjustment of asset cost or capital expenditure for exchange-rate-driven variation between acquisition-time liability and payment-time INR equivalents (A = B - C).
      • Amounts met by third parties are excluded from the computation of B; taxpayers must segregate such amounts.
      • Where forward contracts with authorised dealers exist, the contract exchange rate applies for the covered portion.
      • Adjustments affect depreciation and capital gains computations by altering the capitalised cost base.
      • Detailed records at acquisition and payment points are essential to support computations and exclusions.
      • Cross-references to sections 39, 45, 32 and 72 indicate integration with existing capital cost and set-off regimes; precise interaction requires attention to the cited subclauses.
      • Operational and interpretive guidance (e.g., rounding rules, rate selection where multiple rates exist, treatment of partial payments across tax years) are Not stated in the document.

      Full Text:

      Section 42 Capitalising impact of foreign exchange fluctuation.

      Topics

      ActsIncome Tax