Loading...

⚠ ✕
❮ 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 characters 0/2000
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 ✕
🔎 Filters / Advanced Search ❯
TEXT

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.
Relevance Default Date
    Manuals Income Tax
    Whether deduction u/s 80CCC is allowed only to the resident individuals?
    Manuals Income Tax
    Whether education fees can be claimed as deduction u/s 80E and 80C both?
    Manuals Income Tax
    Whether the post office savings scheme is eligible for deduction u/s 80C?
    Manuals Income Tax
    Whether the repayment of loan taken for renovation/repair of house property is eligible for deductio...
    Manuals Income Tax
    Whether section 80C allows deduction on re payment of housing loan?
    Manuals Income Tax
    What kind of deduction is available for deduction u/s 80C?
    Manuals Income Tax
    Who can take the benefit u/s 80C?
    Manuals Income Tax
    While clubbing income of minor with the parent's income, the investment made by the minor u/s 80C al...
    Manuals Income Tax
    Can a self employed individual claim the benefit of HRA u/s 10(13A)?
    Manuals Income Tax
    Does actual payment of rent is required to claim HRA deduction u/s 10(13A)?
    Manuals Income Tax
    Whether an employee is allowed deduction u/s 10(13A) even if he owns a house property?
    Manuals Income Tax
    Whether a person is allowed HRA exemption even if he do not have the HRA component in his salary but...
    Manuals Income Tax
    Whether exemption of HRA is allowed if rent is paid to any family members?
    Manuals Income Tax
    What is the treatment of payment at the time of termination from un-recognised provident fund u/s 10...
    Manuals Income Tax
    Whether a husband-wife both can claim LTA u/s 10(5)?
    Manuals Income Tax
    Is it possible to claim LTA Twice in a Year u/s 10(5)?
    Manuals Income Tax
    Can the Leave travel concession u/s 10(5) be carried forward?
    Manuals Income Tax
    Can an individual claim the LTA u/s 10(5) in case of Switch of JOB?
    Manuals Income Tax
    What type of expenses are covered under Leave Travel expense u/s 10(5)?
    Manuals Income Tax
    Whether the exemption u/s 10(38) is avaliable if the transaction is undertaken on a stock exchange l...
❮
❯
❯❯
Maximize Maximize Maximize
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 Summaries Hide All Summaries
Manuals Income Tax
Show AI Summary
Deduction under section 80CCC can be claimed by non-resident individuals contributing to pension funds under the statute.
The provision permits a deduction for contributions to pension funds and does not impose a residency restriction, so non-resident individuals who make qualifying contributions to pension funds are eligible to claim the deduction under the section.
Manuals Income Tax
Show AI Summary
Education loan interest deductible for borrower; tuition fee relief limited to two children under a separate deduction.
Only interest paid on an education loan for the taxpayer or a dependent qualifies under the education-loan interest deduction head, while tuition fees qualify under a separate tuition-fee deduction head and are restricted to tuition paid for a limited number of children; the two deductions are distinct and non-overlapping.
Manuals Income Tax
Show AI Summary
Deduction under section 80C: Post Office five year time deposit qualifies as an eligible investment for deduction.
Contributions to the Post Office five year time deposit scheme are eligible to be claimed as a deduction under section 80C, and may be included among other specified investments such as life insurance premiums, deferred annuities and provident fund contributions, subject to the overall limits and conditions applicable to 80C deductions.
Manuals Income Tax
Show AI Summary
Section 80C deduction excludes loan repayments for renovation or repair of residential property under income tax law.
Repayments of loans taken for renovation or repair of residential property are not eligible for deduction under deduction under section 80C, which is confined to specified savings and investment outlays such as life insurance premiums, deferred annuities and provident fund contributions and does not include repair or renovation costs of a dwelling.
Manuals Income Tax
Show AI Summary
Deduction under section 80C: repayment of principal on housing loan qualifies, interest payments do not.
Payments toward the cost of purchase or construction of a new residential property qualify for deduction under the provision and expressly include repayment of the principal amount of a housing loan; interest paid on such a housing loan is not eligible for deduction under the same provision.
Manuals Income Tax
Show AI Summary
Deduction under section 80C covers life insurance, provident fund and deferred annuity contributions and limited tuition fees.
Deduction under section 80C permits tax deductions for specified savings and insurance instruments such as life insurance premia, provident fund contributions and deferred annuities, subject to statutory limits and qualifying conditions. Only tuition fees paid in India for full time education of up to two children qualify as deductible educational expenses; other charges like development fees or donations are not eligible.
Manuals Income Tax
Show AI Summary
Deduction under section 80C available only to individuals and HUFs for life insurance and provident fund contributions.
The provision permits deduction for life insurance premia, deferred annuity premiums and contributions to provident funds, available exclusively to Individual and HUF taxpayers as the classes eligible to claim the tax benefit.
Manuals Income Tax
Show AI Summary
Clubbing of minor income: investments made by the minor qualifying for investment-based deductions may be claimed when income is clubbed.
When a minor's income is clubbed with a parent's income, investments made by the minor that qualify under the investment-based deduction framework-including life insurance premiums, provident fund contributions, and deferred annuity payments-may be considered as deductible in computing the parent's taxable income.
Manuals Income Tax
Show AI Summary
HRA exclusion for self-employed; rent deduction available under section 80GG if statutory eligibility conditions are met.
HRA under section 10(13A) is a salary-linked exemption not available to self-employed individuals; self-employed taxpayers may claim a deduction for rent paid under section 80GG, subject to the statutory eligibility conditions and limits governing that deduction.
Manuals Income Tax
Show AI Summary
Actual rent payment required for HRA deduction - absence of rent payment for any period disqualifies entitlement to deduction.
The House Rent Allowance deduction under section 10(13A) is conditional on actual rent payment for residential accommodation; if no rent is paid for any period, no deduction is allowable for that period, and entitlement to HRA or notional occupancy does not replace the need for real rent outgo.
Manuals Income Tax
Show AI Summary
Deduction under section 10(13A) available despite house ownership when employee resides in rented accommodation.
An employee who actually resides in rented accommodation may claim the salary-specific exemption for rent allowance under section 10(13A) even if he owns a house property in the same or a different city; entitlement depends on factual occupancy of rented premises rather than mere ownership of residential property.
Manuals Income Tax
Show AI Summary
HRA exemption: tenants without an HRA salary component may claim rent relief by meeting Section 80GG conditions.
An individual who does not receive House Rent Allowance as part of salary may claim the deduction for rent paid under Section 80GG, provided the statutory conditions and documentation for that provision are met.
Manuals Income Tax
Show AI Summary
HRA exemption: rent paid to family members can qualify for tax relief, but payments to a spouse are not allowed.
HRA exemption is available when an individual pays rent to family members and resides with them, provided the standard conditions for claiming HRA under salary exemptions are met; rent paid to a spouse is not accepted for HRA exemption.
Manuals Income Tax
Show AI Summary
Tax treatment of termination payments from unrecognised provident funds: employer contributions treated as salary; employee contributions exempt.
Employee contributions on termination from an un-recognised provident fund are exempt from tax, while interest on those employee contributions is taxable as Income from Other Sources. Employer contributions and interest thereon are treated as salary income; recipients may claim available relief for the salary-characterised portion under the statutory relief mechanism for salary receipts.
Manuals Income Tax
Show AI Summary
Leave Travel Allowance exemption: spouses may each claim from their employers but not for the same journey.
Both spouses may claim exemption for Leave Travel Allowance (LTA) from their respective employers as a salary-specific exemption, but both cannot claim exemption for the same journey.
Manuals Income Tax
Show AI Summary
Leave Travel Allowance (LTA) claim limited to one journey per year; two journeys in a block cannot both be claimed together.
Leave Travel Allowance (LTA) under section 10(5) permits two journeys in a block of four years, but the exemption can be claimed for only one journey in a single year, so both journeys cannot be claimed in the same year.
Manuals Income Tax
Show AI Summary
Leave Travel Allowance carry forward permitted, claimable in first year of next block under income tax rules.
Carry forward of Leave Travel Allowance under the income tax exemption regime is permitted when the allowance remains unused and may be claimed in the first year of the next block, preserving the tax-exempt benefit for the taxpayer into the subsequent block.
Manuals Income Tax
Show AI Summary
Leave Travel Allowance entitlement can be claimed from both current and former employer if prior LTA remains unutilized.
An individual who switches jobs may claim Leave Travel Allowance (LTA) from both the current employer and the former employer provided the former employer's LTA concession remains unutilized; the entitlement is limited to recovery of that unutilized salary-specific exemption and does not extend beyond the unutilized LTA benefit.
Manuals Income Tax
Show AI Summary
Leave travel expense covers only the cost of travel; accommodation and meals are excluded from tax exemption.
Leave travel benefits under section 10(5) are confined to the cost of travel itself and do not extend to ancillary expenses; incidental outlays such as food, hotel accommodation, and similar subsistence expenses are excluded from the scope of the travel expense exemption.
Manuals Income Tax
Show AI Summary
Exemption under section 10(38) available when transaction is on an IFSC exchange and consideration is in foreign currency.
Exemption from long term capital gains under 10(38) applies despite non payment of Securities Transaction Tax if the transfer is on a recognised stock exchange in an International Financial Service Centre and the consideration is paid or payable in foreign currency.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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

Acts Income Tax