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
    A Critical Analysis of the Constitutional Validity of Section 16(4) of the CGST/BGST Act and the exp...
    Scrutiny of Procedural Flaws in GST Registration Cancellation: Insights from a High Court Judgment
    Input Tax Credit Claims under GST: A Case Study of the Kerala High Court Ruling
    Case LawsIncome Tax
    Complexities of Residential Status and Tax Liability
    Case LawsIncome Tax
    Navigating International Taxation Waters
    Resolution Applicant Eligibility in Corporate Insolvency: former director/ promotor of the corporate...
    CircularsCustoms
    Easing Export Procedures: A Detailed Analysis of India's New Customs Guidelines
    CircularsCustoms
    Streamlining Export Grievances in India: The Launch of 'e-SAMADHAAN' Portal
    CircularsCustoms
    Revamping Export Standards: India's New Directive on Quality Control for Milk and Milk Products
    Empowering Investors: SEBI's New Framework for Enhanced Trading Account Security
    Extended Validity of Pre-Shipment Inspection Agencies
    Revising Foreign Investment Norms in Alternative Investment Funds: A Critical Analysis of SEBI's Lat...
    SEBI's New Mandates for AIFs: Dematerialization of Investments and Custodian Appointment - Implicati...
    Navigating the Evolving Landscape of IT Hardware Import Regulations in India: Analyzing the DGFT Cir...
    CircularsGST - States
    GST on Imitation Zari Thread
    CircularsGST - States
    Deciphering the GST Framework: Key Clarifications on (1) Passenger Transport and Motor Vehicle Renti...
    CircularsGST - States
    Place of Supply: Key Clarifications for 3 items
    CircularsCustoms
    Regularization of Bills of Entry and Waiver of Interest in Indian Customs
    CircularsCustoms
    Enhancing Maritime Security and Transparency: The Introduction of Body-Worn Cameras for Customs Boar...
    Renewal of Recognition for AMC Repo Clearing Limited: SEBI's Decision and its Implications
❯❯
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
    Case LawsGST
    Show AI Summary
    Input Tax Credit entitlement: statutory conditions and return deadlines can legitimately limit vesting of the benefit.
    The court held that Input Tax Credit is a conditional statutory benefit that vests only upon fulfilment of prescribed conditions; therefore temporal restrictions tied to return filing are legitimate legislative qualifications and do not constitute deprivation of property without authority of law or violation of equality and trade-freedom guarantees.
    Case LawsGST
    Show AI Summary
    Procedural fairness in GST registration: defective show cause notices invalidate cancellation and require fresh lawful proceedings.
    The court held the show cause notice and cancellation of GST registration were procedurally defective: the notice lacked material reasons depriving the taxpayer of an effective response, and the cancellation order demonstrated non-application of mind. Reasons contained in a reply affidavit could not retrospectively validate the defective notice. The authority may initiate fresh proceedings only by issuing a properly reasoned show cause notice, permitting the taxpayer to place all contentions and granting a personal hearing, with adjudication thereafter.
    Case LawsGST
    Show AI Summary
    Input Tax Credit eligibility: absence from GSTR 2A alone cannot bar credit; reassessment with evidentiary opportunity required
    The ruling emphasizes that Form GSTR 2A is a facilitative reconciliation tool and that denial of Input Tax Credit solely because an entry does not appear in GSTR 2A is not sufficient. The claimant bears the burden of proof to demonstrate eligibility by producing evidence of tax payment, valid invoices and transactional genuineness. The assessing authority must afford the taxpayer an opportunity to produce evidence and independently reassess the ITC claim, consistent with the self assessment framework of GST.
    Case LawsIncome Tax
    Show AI Summary
    Residential status: extended employment definition can preserve non-resident tax status for cross-border business migrants abroad.
    The tribunal addressed whether an individual who stayed 176 days in India and then moved to Mauritius on an occupation permit qualified as non-resident under Explanation 1(a) to the residence provision; after reviewing the occupation permit and appointment documentation and relying on precedent that construes "employment" to include self-employment and business activity, the tribunal found the explanatory extension applicable and excluded offshore receipts from Indian taxation.
    Case LawsIncome Tax
    Show AI Summary
    Section 172 shipping reimbursements govern TDS treatment, displacing Section 195 withholding for cross border damage payments.
    The core operative finding is that cross border payments characterised as reimbursements for vessel damage fall within the specialised shipping income regime under Section 172, so the general non resident withholding approach under Section 195 (and higher rates applied due to documentation gaps under Section 206AA) was not the appropriate mechanism; classification by legal character governs the applicable withholding treatment.
    Case LawsIBC
    Show AI Summary
    Resolution applicant eligibility: former promoters not automatically disqualified under Section 29A; clause-specific disqualifiers control.
    Whether a former promoter or director is ineligible under Section 29A turned on clause-specific disqualifiers rather than promoter status alone; the tribunal found no evidence that the statutory disqualifying conditions, including account classification as non-performing, applied to the applicant, and emphasized that eligibility requires a fact-specific application of the provision's clauses.
    CircularsCustoms
    Show AI Summary
    Back to Town export procedures revised to streamline staged re routing and ease compliance for certified exporters.
    The notice amends procedures for Back to Town (BTT) of export cargo, setting distinct workflows for self sealed cargo from CPP, port-to-CPP-to-town movements, and CFS-origin BTT. It differentiates obligations before registration, after registration but prior to LEO, and after LEO, and provides special provisions for AEO and DGFT status holders. Hazardous cargo and part cargo shut out scenarios are addressed, and the circular prescribes customs operational duties, reporting requirements, and discrepancy investigation protocols to streamline export re routing.
    CircularsCustoms
    Show AI Summary
    Export grievance redressal via e-SAMADHAAN portal provides structured online mechanism and interim replies for stakeholder issues.
    The e-SAMADHAAN portal centralises export-related grievance redressal for Jawaharlal Nehru Custom House stakeholders by providing FAQs and a mechanism to lodge grievances; NS-II (Export) will address submissions promptly and issue interim replies with timelines when external agency intervention is required. The portal is intended for public facilitation, not for legal use, and JNCH disclaims liability for use or misuse; stakeholders are encouraged to provide feedback and report implementation difficulties to the Commissioner of Customs, NS-II JNCH.
    CircularsCustoms
    Show AI Summary
    Quality control for milk exports now requires pre-export inspection and approval, aligning exports with international health standards.
    Pre-export quality control and inspection for milk and milk products are mandated under the Milk and Milk Products (Quality Control, Inspection & Monitoring) Rules, 2020. Exporters must obtain establishment approval based on a Food Safety Management System; certain consignments require consignment-wise inspection. A health certificate is required only if the importing country demands it. Customs must verify the Export Inspection Council approval or a Certificate of Inspection. Authorities are directed to sensitize officers and to align earlier orders with current international health and trade standards.
    CircularsSEBI
    Show AI Summary
    Voluntary trading account freeze empowers investors to request account blocking to prevent fraudulent trading under a regulatory framework.
    The circular requires trading members to provide a voluntary freezing/blocking facility allowing clients to request account suspension, with specified request modes, acknowledgement procedures, processing timeframes, and mechanics for implementing and lifting freezes. Stock exchanges must ensure implementation, amend rules where necessary, establish reporting requirements for trading members, and report compliance to the regulator. The measure is issued under Section 11(1) of the Securities and Exchange Board of India Act and Regulation 30 of the SEBI (Stock Brokers) Regulations to enhance investor control and prevent fraudulent trading activity.
    CircularsDGFT
    Show AI Summary
    Extension of validity of Pre-Shipment Inspection Agencies allows continued recognition under Foreign Trade Policy provisions and Handbook relaxation.
    Extension of recognition validity for Pre-Shipment Inspection Agencies under the Foreign Trade Policy 2023, relaxing Para 2.52(c) of the Handbook of Procedures and preserving recognition status for agencies listed in the policy appendices and Aayat Niryal Forms that were due to complete their three-year tenure at the end of 2023.
    CircularsSEBI
    Show AI Summary
    Foreign investment restrictions in AIFs require exclusion of sanctioned or high AML risk beneficial owners, limiting further capital contributions.
    The circular tightens investor eligibility for Alternative Investment Funds by redefining beneficial ownership thresholds and imposing disqualifications: investors or beneficial owners must not be on the United Nations Security Council Sanctions List and must not be residents of jurisdictions identified by the Financial Action Task Force as having strategic AML/CFT deficiencies. AIF managers are prohibited from accepting further capital contributions from investors who fail these conditions, with immediate effect, thereby necessitating enhanced due diligence and ongoing monitoring to ensure compliance.
    CircularsSEBI
    Show AI Summary
    Dematerialization of AIF investments required, with custodians and standardized custody reporting to enhance transparency and oversight.
    SEBI mandates dematerialization of AIF investments and the appointment of custodians, with specified conditions for associates acting as custodians, and requires standardized reporting of investments under custody to enhance transparency, reduce risks associated with physical securities, and strengthen oversight through operational and technological adjustments by AIFs and managers.
    CircularsDGFT
    Show AI Summary
    Import restrictions on specified IT hardware require valid import authorisation, while parts and certain exemptions remain available.
    The DGFT classified laptops, tablets, all in one PCs, ultra small form factor computers and servers under HSN 8471 as restricted, permitting import only against a valid Import Authorization; exclusions include desktop computers under the same chapter, spare parts and components, SEZ captive use imports, and IT hardware strictly incidental to capital goods, while importers may obtain multiple authorisations and amend quantities within value constraints.
    CircularsGST - States
    Show AI Summary
    GST rate classification on imitation zari yarn clarified to cover metallised film-based yarns while excluding refunds on specified film inputs.
    Imitation zari thread or yarn manufactured from metallised polyester film or metallised plastic film, whether used alone or blended with other fibres, is classified within the reduced GST rate category for imitation zari; however, polyester (metallised) film and plastic film inputs are not eligible for refund on account of rate inversion.
    CircularsGST - States
    Show AI Summary
    GST applicability on transport, composite supply and pure agent treatments clarified, plus job work and governmental exemptions defined.
    Services of passenger transport and renting of motor vehicles with operators where fuel is included attract GST at 5% with input tax credit within the same line of business; electricity bundled with renting or maintenance is a composite supply taxed with the principal supply while electricity supplied as a pure agent is excluded from the supplier's value; job work for processing barley into malt attracts 5% GST; exemptions for DMFTs and horticulture services/supplies to the public works department are addressed under governmental-authority exemption criteria.
    CircularsGST - States
    Show AI Summary
    Place of supply clarifications alter GST treatment for cross border transport, advertising spaces and co location services.
    Clarification sets out revised criteria for determining the place of supply for transportation of goods, advertising services involving physical spaces, and co location (server/hosting) services; the omission of a prior IGST provision requires reassessment of place of supply rules for cross border transportation, while the circular also specifies treatment for outdoor advertising and IT hosting to ensure uniform GST chargeability, invoicing and compliance across field formations.
    CircularsCustoms
    Show AI Summary
    Electronic Cash Ledger interest waiver enables regularization of manually cleared Bills of Entry after payment integration is completed.
    The notice requires stakeholders to identify unpaid challans associated with manually issued Out of Charge Bills of Entry, pay the requisite duty through the Electronic Cash Ledger within prescribed timeframes, and enable system reconciliation so that Bills of Entry are regularized. It provides for waiver and refund of interest paid, conditional on compliance with payment deadlines and successful integration of payments into the customs systems.
    CircularsCustoms
    Show AI Summary
    Body-worn cameras for customs boarding officers mandated; recording from gangway to de-boarding, with safety exceptions and pre-notice.
    Mandate requires Boarding Officers to wear a jacket bearing name and badges and a right side Body Worn Camera that records audio visual footage from approach at the gangway until de boarding; officers must notify the Shipping Agent/Line in advance, devices are standalone without wireless/SIM, and vessel Safety Officers may designate unsafe areas for non use subject to endorsement and cross verification by higher customs authorities.
    NotificationsSEBI
    Show AI Summary
    Renewal of recognition secures conditional authorisation for clearing and settlement of repo and reverse repo transactions in debt securities.
    Renewal of recognition is granted to AMC Repo Clearing Limited for a one year period, authorising it to clear and settle repo and reverse repo transactions in debt securities traded on a recognized stock exchange. The renewal is conditioned on compliance with regulatory rules and directions and restricts the Clearing Corporation to activities solely related to clearing and settlement of eligible repo and reverse repo transactions.

    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 53 "Full value of consideration for transfer of assets other than capital assets in certain cases" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      28 August, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 53 Full value of consideration for transfer of assets other than capital assets in certain cases.

      Income-tax Act, 2025

      At a Glance

      The document is Clause 53 of the Income Tax Bill, 2025 (Old Version), prescribing deeming provisions for the "full value of consideration" where transfer of assets other than capital assets (specifically land or building or both) is at a value below the stamp duty value. It matters because it changes the taxable measure for profits and gains of business or profession where undervaluation vis-`a-vis stamp duty arises. The provision affects taxpayers engaged in sale/transfer of land and buildings, tax authorities assessing business income, and industries dealing in real estate. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: Clause 53, Income Tax Bill, 2025 (Old Version), addressing "Full value of consideration for transfer of assets other than capital assets in certain cases" under the head "Profits and gains of business or profession." The provision applies to transfers of assets other than capital assets where the asset in question is land or building or both. The clause sets out rules to deem the stamp duty value as the full value of consideration for computing profits and gains where the consideration received or accrued is less than the stamp duty value.

      Statutory Provision Mode

      Text & Scope

      The clause contains five sub-sections:

      • Sub-section (1): If consideration received or accrued for transfer of an asset (other than a capital asset) being land or building or both is less than the stamp duty, the stamp duty value shall be deemed to be the full value of consideration for computing profits and gains from transfer of such asset.

      • Sub-section (2): Sub-section (1) does not apply if the stamp duty value does not exceed 110% of the consideration received or accrued; in that case, the actual consideration received or accrued shall be deemed to be the full value of consideration.

      • Sub-section (3): Where the date of agreement fixing the value of consideration and the date of registration are different, the stamp duty value as on the date of agreement may be taken as the full value of consideration under sub-section (1).

      • Sub-section (4): Sub-section (3) applies only where the amount of consideration or part thereof has been received by specified banking or online mode on or before the date of agreement.

      • Sub-section (5): For determination of the value adopted or assessed or assessable under sub-section (1), the provisions of section 78(2) and (4) shall apply.

      Coverage is limited to non-capital assets, specifically land and/or buildings. The clause does not define "stamp duty" or "stamp duty value" within the text provided. It does not specify procedures for valuation beyond cross-reference to section 78(2) and (4).

      Interpretation

      Legislative intent as discernible from the text: the legislature aims to prevent understatement of consideration in transactions of land/buildings by enabling tax computation to adopt the stamp duty valuation where declared consideration is lower than stamp duty benchmarks. The 110% threshold in sub-section (2) establishes a tolerance band where small variances do not trigger deeming. Sub-sections (3) and (4) indicate a deliberate rule allowing stamp duty value as on agreement date to be used-subject to actual receipt of consideration (or part) through specified banking/online modes-thereby linking electronic/payment evidence to the ability to rely on agreement-date stamp valuation.

      Exceptions/Provisos

      Carve-outs and conditions are set out:

      • The deeming in sub-section (1) is not operative where stamp duty value <= 110% of consideration received/accrued (sub-section (2)).
      • Use of stamp duty value as of agreement date is permitted only when the agreement date differs from registration date (sub-section (3)), and only where consideration or part of it has been received by specified banking/online mode on or before agreement date (sub-section (4)).
      • Determination of the value for adoption under sub-section (1) is governed by section 78(2) and (4) (sub-section (5)).

      Illustrations

      • Example 1: A taxpayer transfers a plot of land in the course of business. Consideration received is Rs. 90 lakh. Stamp duty value recorded is Rs. 1.2 crore. Under sub-section (1), because consideration < stamp duty, stamp duty value (Rs. 1.2 crore) is deemed full value of consideration for computing profits, unless barred by sub-section (2). Apply sub-section (2): stamp duty value (Rs.1.2 crore) exceeds 110% of consideration (110% of 90 lakh = 99 lakh). Hence deeming applies and Rs.1.2 crore is treated as full value. (This illustration is a hypothetical calculation consistent with the text.)
      • Example 2: Consideration Rs. 95 lakh; stamp duty value Rs. 1.02 crore. 110% of consideration = Rs. 1.045 crore. Since stamp duty value (Rs. 1.02 crore) does not exceed 110% of consideration, sub-section (2) applies and actual consideration (Rs. 95 lakh) is deemed full value. (Hypothetical calculation consistent with the text.)
      • Example 3: Agreement dated 1 Jan; registration 1 Mar. Stamp duty value as on agreement date is Rs. X. If part of consideration was paid through specified banking/online mode on or before 1 Jan, then per sub-sections (3) and (4) stamp duty value as on agreement date may be taken as full value under sub-section (1). (Hypothetical consistent with the text.)

      Interplay

      Sub-section (5) expressly incorporates the provisions of section 78(2) and (4) for determination of the value "adopted or assessed or assessable" under sub-section (1). The text does not reproduce section 78; therefore, the mechanics and criteria in section 78 are not stated in the document. Not stated in the document: whether other provisions, rules, notifications, or circulars interact with Clause 53, or any transitional arrangements.

      Differences Between Clause 53 (Old Bill) and Section 53 (Act, 2025) and Practical Impact

      TopicClause 53 of the Income Tax Bill, 2025 (Old Version)Section 53 of the Income-tax Act, 2025
      Text of sub-section (1)Deems stamp duty value as full value where consideration received or accrued is less than the stamp duty.Deems stamp duty value as full value where consideration received or accrued is less than the stamp duty value.
      Sub-section (2) - 110% thresholdSame: carve-out where stamp duty value does not exceed 110% of consideration; actual consideration deemed full value.Same language and effect.
      Sub-section (3) - agreement vs registration dateStamp duty value as on date of agreement may be taken as full value where dates differ.Same: allows stamp duty value as on agreement date to be taken as full value.
      Sub-section (4) - payment mode conditionApplies only where amount or part is received by specified banking/online mode on or before date of agreement.Same condition in substance: amount or part received by specified banking/online mode on or before agreement date required.
      Sub-section (5) - cross-reference to section 78Refers to "section 78(2) and (4)" for determination of value adopted/assessed/assessable under sub-section (1).Refers to "section 78(2) and (3)" for determination of the stamp duty value under sub-section (1).

      Practical impact of the difference: The only textual difference in the two versions provided concerns the cross-reference in sub-section (5). The Bill's old version cross-references section 78(2) and (4), whereas the enacted Section 53 cross-references section 78(2) and (3). The practical impact depends entirely on the substantive content of section 78(3) versus section 78(4)-which are not reproduced in the provided documents. Therefore, specific consequences cannot be ascertained from the text given. Not stated in the document: the substantive differences between section 78(3) and section 78(4), and how they affect valuation methodology or procedural outcomes. In consequence, the only observable immediate effect is that the enacted text narrows or alters the cross-referential provisions that govern determination of stamp duty value compared with the Bill; the precise legal and practical significance of that alteration is not stated in the document.

      Practical Implications

      • Compliance and risk areas: Taxpayers selling/transfering land/buildings in the course of business must be aware that declared consideration below stamp duty value may be ignored and stamp duty value adopted for profit computation, increasing taxable income. Reliance on the 110% tolerance is critical where stamp duty value is close to consideration; precise calculation is necessary to determine applicability.
      • Record-keeping/evidence: Sub-section (4) conditions use of agreement-date stamp duty value on proof of receipt (in part or whole) by specified banking/online modes on or before the agreement date-thus documentary evidence of payments and their mode, as well as dating of receipts and agreements, will be relevant. The clause implicitly places evidential importance on banking/online payment records and dated agreements.

      Key Takeaways

      • Clause 53 deems stamp duty value to be full value of consideration for non-capital land/building transfers where declared consideration is lower than stamp duty value (sub-section (1)).
      • A safeguard exists: if stamp duty value does not exceed 110% of declared consideration, the actual consideration stands as full value (sub-section (2)).
      • Where agreement and registration dates differ, stamp duty value as on agreement date may be used, but only if payment (or part) was received by specified banking/online mode on or before agreement date (sub-sections (3)-(4)).
      • The method for determining the value for adoption refers to section 78(2) and (4); the clause does not state the content of those provisions (sub-section (5)).
      • Documentary proof of payment modes and dated agreements will be important for taxpayers wishing to rely on agreement-date valuations.
      • The clause applies to non-capital assets only, limited to land and/or buildings; it does not address transfers of capital assets within this text.
      • Not stated in the document: effective date, transitional rules, administrative procedures, and detailed interaction with other statutory provisions beyond section 78(2) and (4).

      Full Text:

      Section 53 Full value of consideration for transfer of assets other than capital assets in certain cases.

      Topics

      ActsIncome Tax