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
    Act Rules Bills
    Treatment of losses incurred in the activity of owning and maintaining race horses : Clause 115 of I...
    Act Rules Bills
    Structured mechanism for treatment of losses from specified businesses in Clause 114 of the Income T...
    Act Rules Bills
    Understanding the Tax Treatment of Speculation Losses in Clause 113 of Income Tax Bill, 2025 Vs. Sec...
    Act Rules Bills
    Legal Frameworks for losses and unabsorbed depreciation Carry Forward in Co-operative Bank Mergers a...
    Act Rules Bills
    Strategic Disinvestment and Tax Benefits in Clause 117 of the Income Tax Bill, 2025 VS. Section 72AA...
    Act Rules Bills
    Analysis of Tax Provisions in Corporate Amalgamations Clause 116 of the Income Tax Bill, 2025 Vs. Se...
    Act Rules Bills
    Understanding the Business Loss Carry Forward Provisions in Clause 112 of the Income Tax Bill, 2025 ...
    Act Rules Bills
    Understanding the Carry Forward of House Property Losses in Clause 110 of Income Tax bill, 2025 Vs. ...
    Act Rules Bills
    Addresses the set-off of losses under various heads of income In Clause 109 of Income Tax Bill, 2025...
    Act Rules Bills
    Understanding Loss Set-Off or carry forward and set-off of losses in Clause 108 of the Income Tax Bi...
    Act Rules Bills
    Tax treatment of amounts borrowed or repaid through instruments like hundis in Clause 106 of the Inc...
    Act Rules Bills
    Taxation of Unexplained Expenditures in Clause 105 of Income Tax Bill, 2025 Vs. Section 69C of Incom...
    Act Rules Bills
    Addressing the issue of undisclosed income through unexplained assets In Clause 104 of the Income Ta...
    Act Rules Bills
    Understanding the Legal Framework for Unexplained Investments in Clause 103 of the Income Tax Bill, ...
    Act Rules Bills
    A Deep Dive into Unexplained Asset in Clause 104 of Income Tax Bill, 2025 Vs. Section 69A of Income ...
    Act Rules Bills
    Understanding Unexplained Investments Taxation in Clause 103 of Income Tax Bill, 2025 Vs. Section 69...
    Act Rules Bills
    Curb tax evasion through Unexplained Credits (i.e. unaccounted money or fictitious entries in financ...
    Act Rules Bills
    Income Apportionment in AOPs and BOIs in Clause 309 of the Income Tax Bill, 2025 Vs. Section 67A of ...
    Act Rules Bills
    Comprehensive Analysis of Total Income in Clause 101 of the Income Tax Bill, 2025 Vs. Section 66 of ...
    Act Rules Bills
    Addresses the tax liability of individuals in respect of income that is included in the income of an...
❮
❯
❯❯
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
Act Rules Bills
Show AI Summary
Ring fenced treatment of racehorse losses restricts cross setoff and permits carry forward only within the same activity.
Clause 115 creates a ring fenced regime: losses from the specified activity of owning and maintaining race horses cannot be set off against other income; unabsorbed losses may be carried forward and set off only against income from the same activity, subject to continuation of the activity and defined temporal limits and eligibility definitions.
Act Rules Bills
Show AI Summary
Restriction on loss set-off: specified business losses may be offset only against profits of other specified businesses.
Losses from a specified business are restricted to set-off only against profits of other specified businesses in the same year; unabsorbed losses may be carried forward and set off exclusively against profits of specified businesses in subsequent years. The provision relies on defined terms for "specified business" and "unabsorbed loss," confines tax incentives to their intended category to prevent cross-business erosion of the tax base, and requires segregated record-keeping to ensure compliance.
Act Rules Bills
Show AI Summary
Set-off of speculation losses confined to speculation profits; carry forward limited and prioritised before other allowances.
Clause 113 confines adjustment of losses from a speculation business to profits of another speculation business in the same year; permits carry forward of unabsorbed speculation losses to subsequent years for set off only against speculation business profits within a limited statutory period; requires that unabsorbed speculation losses be set off before certain carried forward allowances; and defines both speculation business (including a deeming rule for share trading to that extent) and specified exceptions to that classification.
Act Rules Bills
Show AI Summary
Carry forward and set off of losses preserved for successor co operative banks, subject to specified conditions and penalties.
Successor co operative banks may set off predecessor accumulated business losses and unabsorbed depreciation in amalgamations as if the amalgamation had not occurred; in demergers directly related tax attributes transfer wholly to the resulting bank while non relatable attributes are apportioned by asset distribution. Application requires continuity of banking business, retention and use of fixed assets, and genuine continuation of operations; failure to meet conditions renders previously allowed set offs taxable in the year of non compliance. Clause 118 adds a Central Government power to prescribe further conditions to ensure genuine business purposes.
Act Rules Bills
Show AI Summary
Treatment of accumulated losses and unabsorbed depreciation: successor may utilise predecessor tax attributes subject to a limited carry forward period.
Clause 117 deems accumulated loss and unabsorbed depreciation of specified predecessor entities to be those of the amalgamated entity when amalgamations involve banking companies, corresponding new banks, or government companies under Central Government sanctioned schemes, including cases following strategic disinvestment; successor entities may utilize these tax attributes in the year of amalgamation but are subject to a limited carry forward period and prescribed compliance and reporting requirements.
Act Rules Bills
Show AI Summary
Treatment of accumulated losses and unabsorbed depreciation allows continuity on corporate reorganisations subject to compliance conditions.
Clause 116 permits continuity of accumulated loss and unabsorbed depreciation on amalgamation, demerger and related reorganisations by deeming the transferor's tax attributes to be those of the transferee or successor, subject to conditions such as asset retention and business continuity. It limits transfers in strategic disinvestment to amounts existing when public sector status ceased, allocates losses in demergers according to transferred undertakings or retained assets, extends treatment to successor entities including LLPs, and empowers the Central Government to prescribe conditions; non compliance attracts tax liabilities for successor entities.
Act Rules Bills
Show AI Summary
Carry forward of business losses allows set off against future business income, prioritised before other carried allowances.
Clause 112 permits carry forward and set off of unabsorbed business losses-defined as losses under "Profits and gains of business or profession" excluding speculation losses-against future business or professional profits, mandates that such losses be set off before any other carried forward allowances, and limits the period during which losses may be carried forward, aligning with the existing temporal framework.
Act Rules Bills
Show AI Summary
Carry forward of house property loss - allows head-specific set off against future house property income, time-limited.
Clause 110 permits unabsorbed losses under the head "Income from house property" to be carried forward and set off only against future income from the same head, subject to a statutory time limitation, and defines "unabsorbed loss from house property" as losses not set off against other income heads in the relevant year.
Act Rules Bills
Show AI Summary
Set-off of losses: new limits bar using business and capital losses to reduce salary and other non-capital income.
Clause 109 permits set-off of losses under any income head except capital gains against income from other heads in the same year, subject to limits: business losses cannot be set off against salary income; house property losses are set off against other heads only up to a capped amount; and capital gains losses cannot be set off against non-capital income. The clause thus confines capital losses within their category and imposes head-specific restrictions requiring careful tax planning and record-keeping.
Act Rules Bills
Show AI Summary
Set-off of losses under the same head: clarifies offset rules for capital and non-capital income, refining capital gains set-off.
Clause 108 permits set-off of a loss from any source against income from any other source under the same head (excluding capital gains), while treating capital gains losses separately: long-term capital losses may be set off only against other long-term capital gains, and short-term capital losses may be set off against gains from any capital asset, thereby requiring accurate classification of assets and records to effect permissible intra-head offsets.
Act Rules Bills
Show AI Summary
Deemed income from informal credit instruments: non account payee transactions treated as taxable, prompting formalisation of payments.
Clause 106 and Section 69D deem amounts borrowed or repaid through hundis, negotiable instruments, or Board specified modes to be the income of the borrower or repayer when not transacted by account payee cheque, with provisions capturing interest where applicable and safeguards to prevent double taxation once an amount has been treated as income.
Act Rules Bills
Show AI Summary
Unexplained expenditure treated as income increases tax exposure when taxpayers fail to satisfactorily explain expenditure sources.
Clause 105 deems unexplained expenditure as income when an assessee fails to provide a satisfactory explanation, confers evaluative power on the Assessing Officer to judge adequacy of explanations, and disallows any deduction for amounts so deemed; Section 69C operates similarly but uses permissive language and contains a deduction proviso, reflecting comparable objectives to prevent tax evasion while differing in textual strictness and potential administrative effect.
Act Rules Bills
Show AI Summary
Unexplained asset rules now include virtual digital assets, expanding deeming powers where explanations are unsatisfactory.
Where an asset is unrecorded or its recorded amount is less than actual value and the assessee fails to provide a satisfactory explanation, Clause 104 and Section 69B treat the unexplained excess as deemed income for the year of discovery; Clause 104 expressly adds virtual digital assets, while both provisions vest the Assessing Officer with discretion to accept or reject explanations, creating valuation and verification challenges.
Act Rules Bills
Show AI Summary
Unexplained investments treated as income when taxpayer fails to satisfactorily explain source, shifting burden to taxpayer and empowering assessing officer discretion.
Clause 103 deems unrecorded investments or amounts exceeding recorded investment as income if the assessee fails to provide a satisfactory explanation to the Assessing Officer; the provision places the evidential burden on the assessee and employs a deeming mechanism to include unexplained amounts in taxable income. Section 69B applies the same explanation-and-deeming approach to investments, bullion, jewellery and other valuable articles where recorded amounts are less than actual expenditure, relying on Assessing Officer evaluation to determine whether excess amounts are to be treated as income.
Act Rules Bills
Show AI Summary
Unexplained assets treated as deemed income: inclusion of virtual digital assets broadens taxable asset coverage and disclosure obligations.
Clause 104 deemsthe value of assets not recorded, or under recorded, in an assessee's books to be taxable income where the assessee fails to provide a satisfactory explanation; it expressly includes virtual digital assets and places onus on the assessee to prove the nature and source, leaving determination of adequacy to the Assessing Officer.
Act Rules Bills
Show AI Summary
Unexplained investments deemed income under deeming provision; imposes explanation burden and increased tax scrutiny on taxpayers.
Clause 103 treats investments not recorded in the assessee's books, and amounts exceeding recorded investments, as unexplained unless the assessee provides a satisfactory explanation; such unexplained investments are deemed income for the relevant tax year, subject to the Assessing Officer's evaluation under the clause's deeming provision.
Act Rules Bills
Show AI Summary
Unexplained credits: dual-party explanation requirement leads to inclusion of unexplained book credits as taxable income.
Unexplained credits are chargeable to income when sums in an assessee's books lack satisfactory explanation, with the assessing officer determining adequacy. Loans and borrowings require satisfactory explanations from both the assessee and the creditor; share application money, share capital and share premium in closely held companies similarly demand corroboration from the company and the named contributor. Venture capital funds and companies receive a specific exemption, while the provision overall increases recordkeeping and evidentiary burdens and enhances tax authority scrutiny.
Act Rules Bills
Show AI Summary
Income apportionment in AOPs and BOIs: structured deduction and allocation of member remuneration and interest for tax computation.
Both Clause 309 and Section 67A set out a structured method for computing a member's share in an AOP/BOI: deduct interest, salary, bonus, commission or remuneration from total AOP/BOI income, apportion the residual among members by entitlement and treat apportioned shares under the same heads of income; where apportioned results are profitable the remuneration is added back, and where loss it is adjusted; interest on capital borrowed by a member for investment is deductible under Profits and gains of business or profession; "paid" means actually paid or incurred per the accounting method used.
Act Rules Bills
Show AI Summary
Total income aggregation requires inclusion of exempt receipts to protect the tax base and prevent erosion through exclusions.
Clause 101 mandates that computation of Total income include income exempt under the identified sub part of Chapter provisions, converting such exempt receipts into an affirmative component of total income to protect the tax base and prevent erosion from otherwise excluded income streams.
Act Rules Bills
Show AI Summary
Income attribution: clarifies tax liability of the legal owner and joint-and-several responsibility for income included in another's return.
Clause 100 assigns tax liability to the person in whose name an asset stands or whose firm membership produces attributed income, imposes joint and several liability for jointly held assets allowing recovery from any co-owner for the whole tax due, applies existing procedural recovery mechanisms to enforce the liability, and overrides contrary provisions in other laws to ensure primacy in determining tax obligations arising from income attribution.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Comparison of Section 48 "Tea development account, coffee development account and rubber development account" 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 48 Tea development account, coffee development account and rubber development account.

Income-tax Act, 2025

At a Glance

Clause 48 of the Income Tax Bill, 2025 (Old Version) provides for tax treatment of deposits into designated development accounts for tea, coffee and rubber and for recapture rules on withdrawal or disposal of assets acquired under the relevant schemes. It matters to taxpayers engaged in growing and manufacturing tea, coffee or rubber in India, and to the tax department administering deductions and recapture. Effective dates or enactment timing are Not stated in the document.

Background & Scope

Statutory hook: Clause 48 sits within the chapter on "Profits and gains of business or profession" in the Income Tax Bill, 2025 - that is, it addresses deductible deposits and subsequent chargeability to tax for certain primary-sector activities. The clause ties deductibility and recapture to "the provisions of the Schedule IX" (repeatedly).

The text provides limited definitional content: it identifies the relevant taxpayers as "an assessee ... carrying on business of growing and manufacturing tea or coffee or rubber in India" and references deposit accounts denominated as "tea development account, coffee development account or rubber development account or any other designated account." No statutory definitions for "designated account", "scheme", "deposit scheme", or "Schedule IX" are reproduced in the document; therefore, the precise mechanics and definitions are dependent on Schedule IX and other parts of the Bill/Act.

Statutory Provision Mode

Text & Scope

The clause has three sub-sections. Sub-section (1) states that an assessee engaged in growing and manufacturing tea, coffee or rubber in India "shall be allowed a deduction on the basis of deposits into the tea development account, coffee development account or rubber development account or any other designated account and computed as per the provisions of the Schedule IX." Sub-section (2) provides that any amount withdrawn, utilised or released "shall be charged to tax in the year in which the amount is transferred or withdrawn as per the provisions of the Schedule IX." Sub-section (3) imposes a recapture rule when an asset acquired under the scheme is sold or otherwise transferred by the assessee before the expiry of eight years from the end of the tax year in which it was acquired: "such part of the cost of such asset as is relatable to the deduction allowed under sub-section (1) shall be deemed to be the profits and gains of business or profession of the tax year in which the asset is sold or otherwise transferred and shall accordingly be chargeable to income-tax as the income of that tax year."

Interpretation

The clause establishes a regime of initial tax relief (deduction for qualifying deposits) followed by a recapture mechanism to neutralise tax benefit where withdrawals occur or assets are disposed of within a specified protective period. Legislative intent, as inferable from the text, is to incentivise deposits into sector-specific development accounts while preventing permanent tax avoidance by recapturing benefit on early withdrawal or premature disposal of assets acquired using those amounts. The explicit eight-year recapture period in sub-section (3) signals a policy choice to protect the revenue over a medium-term horizon; the deeming formula targets that portion of asset cost that corresponds to prior deductions, thereby effectuating partial reversal of tax benefit rather than full clawback of proceeds.

Exceptions/Provisos

Not stated in the document: any provisos, exceptions, exemptions, thresholds, or carve-outs beyond the three sub-sections reproduced. The clause itself contains no explicit provisos limiting application (for example, no treatment for transfers between related parties, no inflation adjustments, no apportionment rules beyond "such part of the cost ... as is relatable to the deduction"). Any further exceptions would need to be located in Schedule IX or elsewhere in the Bill.

Illustrations

  • Example 1: An assessee deposits funds into a "tea development account" and claims deduction computed under Schedule IX. If the assessee later withdraws those funds in a subsequent tax year, under Clause 48(2) the withdrawn amount is chargeable to tax in the tax year when the transfer/withdrawal occurs as per Schedule IX.

  • Example 2: An assessee uses deposited funds to acquire machinery under the scheme; if the machine is sold by the assessee within eight years from the end of the tax year of acquisition, the portion of the asset's cost that is attributable to the earlier deduction is "deemed to be the profits and gains" of the year of sale and taxed accordingly (i.e., recapture of benefit).

  • Example 3: Not stated in the document: how apportionment is to be calculated for part disposals, or treatment on sale to related parties; therefore specifics on such illustrations are Not stated in the document.

Interplay

The clause repeatedly instructs that computation and chargeability are "as per the provisions of the Schedule IX." Therefore, detailed operational rules, calculation formulae, timings, compliance processes and potentially definitions are deferred to Schedule IX. No other Rules/Notifications/Circulars are mentioned in the reproduced text. Interaction with general anti-avoidance provisions, transfer pricing provisions, or other parts of the tax code is Not stated in the document.

Differences between Section 48 of the Income-tax Act, 2025 and Clause 48 of the Income Tax Bill, 2025 (Old Version)

  • Specified account nomenclature and breadth: The Bill (Clause 48) expressly names "tea development account, coffee development account or rubber development account or any other designated account" as the basis for deduction; the enacted Section 48 refers more generically to "the special account or deposit account".
    • Practical impact: The Bill's language is more explicit about permitted account types and expressly contemplates additional "designated account(s)"; the Act's broader, less prescriptive phrasing may permit administrative flexibility but less clarity for taxpayers.
  • Timing of tax charge on withdrawals: Clause 48(2) (Bill) specifies that amounts "shall be charged to tax in the year in which the amount is transferred or withdrawn as per the provisions of the Schedule IX." Section 48(2) (Act) states that amounts "withdrawn or utilised or released from the aforesaid accounts at the time of closure or otherwise shall be charged to tax as per the provisions of the Schedule IX" (no explicit year-of-withdrawal phrasing).
    • Practical impact: The Bill provides clearer timing (tax year of transfer/withdrawal); the Act's formulation defers to Schedule IX but is potentially less precise about timing, which could create interpretive uncertainty about whether charge arises at closure, at withdrawal, or u/rs in Schedule IX.
  • Recapture on disposal of assets: Clause 48(3) (Bill) contains a specific deeming provision: where an asset acquired under the scheme is sold/transferred within eight years from the end of the tax year in which it was acquired, "such part of the cost of such asset as is relatable to the deduction allowed under sub-section (1) shall be deemed to be the profits and gains of business or profession" of the year of sale and charged accordingly. Section 48(3) (Act) is shorter and states that where any asset acquired as per the special scheme or deposit scheme is sold or otherwise transferred in any tax year, it "shall be charged to tax in accordance with the provisions of the said Schedule" (no eight-year period; no deeming of a relatable part of cost).
    • Practical impact: The Bill imposes a specific recapture window (8 years) and a deemed income mechanism that clearly recovers deductions previously claimed; the Act removes the explicit 8-year trigger and the specific deeming formula, deferring recapture mechanics to Schedule IX - potentially narrowing or broadening recapture depending on what Schedule IX specifies. Taxpayers face greater certainty under the Bill about recapture scope and timing, while the Act shifts the substantive rule into Schedule IX and may change the practical incidence of recapture.
  • Reference to "site restoration fund" and cross-purpose text: The Bill's explanatory note (as reproduced) mentions that Clauses 48 and 49 "provide for tea development account, coffee development account and rubber development account and Site Restoration Fund..." The clause text itself is focused on tea/coffee/rubber accounts. The Act version omits any accompanying note.
  • Practical impact: The Bill situates Clause 48 in a broader legislative design that includes site restoration for extractive activities; the Act, as excerpted, is self-contained and lacks that contextual pointer.
  • Terminology differences ("special scheme"/"deposit scheme" vs "scheme"/"deposit scheme"): The Act uses "special scheme or the deposit scheme"; the Bill uses "scheme or the deposit scheme."
    • Practical impact: Minor drafting variance; potential interpretive effect depends on definitions in the Bill/Act (not provided here).

Practical Implications

  • Compliance and risk areas: Taxpayers engaged in tea, coffee or rubber cultivation/manufacture who claim deductions under Clause 48 need to monitor withdrawals and the holding period of assets acquired under the scheme closely to determine recapture liabilities. The eight-year window imposes a medium-term compliance risk-early disposals create immediate tax charges under the deeming rule. The specific calculation of the "part of the cost ... relatable to the deduction" will be determinative; practitioners must consult Schedule IX for the precise methodology. Failure to follow the Schedule IX computation or to account for transfers/withdrawals in the year of event would expose taxpayers to assessments and interest/penalties (penalties/interest provisions Not stated in the document).
  • Record-keeping/evidence points: The clause implies the need for contemporaneous and durable records of deposits into the designated accounts, documentary evidence of use of deposited funds to acquire particular assets, acquisition dates, asset cost breakdowns, and records of any transfer/withdrawal or sale including dates and consideration. Records should support apportionment between deductible-funded cost and other funding. Schedule IX likely prescribes precise evidentiary requirements; absent that text, taxpayers should maintain detailed books documenting the flow of funds between bank accounts, account ledgers for the designated accounts, asset registers linking assets to sources of finance, and sale/transfer documentation.

Key Takeaways

  • Clause 48 establishes a conditional deduction for deposits into sector-specific development accounts for tea, coffee and rubber, with computation and operational detail delegated to Schedule IX.
  • Withdrawals or utilisations are taxable in the tax year of transfer/withdrawal in accordance with Schedule IX, creating timing certainty in the clause text (subject to Schedule IX specifics).
  • The clause contains an express eight-year recapture period for assets sold/transferred before expiry of that period, with a deeming rule targeting the portion of asset cost attributable to earlier deduction.
  • The clause does not provide detailed calculation, procedural, or exceptions language within the text; those details are left to Schedule IX and other parts of the Bill/Act.
  • Taxpayers must maintain records linking deposits to account entries and to assets acquired, and should anticipate recapture on early dispositions; specific compliance steps and penalties are Not stated in the document.

Full Text:

Section 48 Tea development account, coffee development account and rubber development account.

Topics

Acts Income Tax