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 Shares acquired as Gift from someone, are eligible for exemption u/s 10(38) at the time of s...
    Manuals Income Tax
    Whether an enhanced compensation by any court or other authority shall be included u/s 10(37)?
    Manuals Income Tax
    Whether the income on transfer of units is also exempt u/s 10(35)?
    Manuals Income Tax
    Whether the exemption u/s 10(34A) on income arising due to buyback of shares applies on Long Term Ca...
    Manuals Income Tax
    What are the cases where any sum received for life insurance policy u/s 10(10D) shall be exempt.
    Manuals Income Tax
    What type of incomes shall be exempted u/s 10(8)?
    Manuals Income Tax
    What are the conditions specified u/s 10(23A) for claiming exemption on Income of some Professional ...
    Manuals Income Tax
    What are the conditions as specified u/s 10(21) to avail exemption of any income of a research assoc...
    Manuals Income Tax
    As per section 10(19A), if the annual value of any one palace in the occupation of a former ruler, i...
    Manuals Income Tax
    Whether any amount received as family pension by any member of the family of an individual who has b...
    Manuals Income Tax
    A partner of the firm/LLP receives interest on capital and remuneration from the firm/LLP. Whether s...
    Manuals Income Tax
    Whether an amount received by an Individual (a co-parcener to the HUF) from this HUF would be taxabl...
    Manuals Income Tax
    Change in accounting policy - When is to be changed - What should be the basis for change in account...
    Manuals Income Tax
    Accrual of income - Scope of ICDS - If there is conflict between Section 5 and Section 145, which wo...
    Manuals Income Tax
    ICDS - Accrual basis of Accounting - Accrual of income versus Receipt of income
    Manuals Income Tax
    Bad debts out of income recognised on the basis of ICDS but not yet recognised in books of account
    Manuals Income Tax
    Applicability of ICDS for the purpose of disallowance u/s 40(a)(i) and 40(a)(ia)
    Manuals Income Tax
    Applicability of ICDS on TDS
    Manuals Income Tax
    Maintenance of Books of accounts for the purpose of ICDS
    Case Laws Income Tax
    Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassm...
❮
❯
❯❯
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
Exemption under Section 10(38) applies to gifted shares on sale if the prior owner did not acquire them in a disqualifying manner.
Shares received as a gift are eligible for exemption under Section 10(38) on sale, provided the previous owner did not acquire the shares in a manner or under conditions that disqualify them from the exemption.
Manuals Income Tax
Show AI Summary
Exemption for enhanced compensation confirms enhanced compensation falls within exempted compensation under income tax law.
Enhanced compensation is treated as part of "compensation" for the purposes of the exemption under 10(37); amounts characterized as enhanced compensation are encompassed by the exemption framework and are not taxable under that provision, as stated in the income tax manual guidance on exempted income.
Manuals Income Tax
Show AI Summary
Income on transfer of units is not exempt under section 10(35); such transfer income remains taxable.
Income arising on the transfer of units is not covered by the exemption under 10(35); proceeds from disposal of units are not exempt under that clause and must be treated as taxable transfer income under ordinary tax provisions.
Manuals Income Tax
Show AI Summary
Exemption on buyback income applies irrespective of short term or long term capital gains for shareholders under income tax law.
The exemption on buyback income applies to a shareholder's receipt irrespective of the holding period; buyback proceeds are exempt from income tax in the shareholder's hands whether classified as short term or long term capital gains.
Manuals Income Tax
Show AI Summary
Life insurance exemption under section 10(10D) lists categories where policy receipts are fully tax-exempt from income tax.
Exemption under Section 10(10D) covers amounts received on life insurance policies in defined categories: proceeds on insurance of a dependent handicapped person, proceeds under key man policies, and proceeds where annual premiums exceed specified proportions of the actual capital sum assured for policies issued in particular periods; proceeds under the premium ratio exceptions are stated to be fully exempt if received on the death of the person.
Manuals Income Tax
Show AI Summary
Income exemption under Section 10(8): foreign government remuneration for duties in India and foreign-sourced taxable income.
Exemption under Section 10(8) covers two categories where agreements provide relief: remuneration paid by the foreign State for duties performed in India, and any other income arising outside India that the individual is required to tax as income or social security tax in that foreign State.
Manuals Income Tax
Show AI Summary
Exemption for professional institutions under section 10(23A) requires Central Government approval and exclusive application of income to objects.
Exemption under section 10(23A) requires that an institution apply its income, or accumulate it for application, solely to the objects for which it is established, and that the institution be approved by the Central Government; both conditions are cumulative for claiming the exemption.
Manuals Income Tax
Show AI Summary
Exemption for research association income requires exclusive application to objects and permitted investments with corpus exceptions.
Exemption requires that the research association apply its income, or accumulate it, wholly and exclusively to its objects, and that funds not be invested or deposited during the previous year except in forms permitted for trusts; exceptions to the investment restriction include assets forming part of the corpus, accretions to shares forming the corpus, and voluntary contributions maintained in kind such as jewellery or furniture.
Manuals Income Tax
Show AI Summary
Letting of former ruler's palace results in taxable income under section 10(19A), not eligible for exemption.
If any palace or portion occupied by a former ruler is let out, the rent or annual value of that let-out portion is not exempt and is taxable rather than eligible for the exemption applicable to former rulers.
Manuals Income Tax
Show AI Summary
Family pension exemption shields dependents of government servants or decorated servicemen from taxable income under income tax law.
Any amount received as family pension by members of the family of an individual who has been in Government service or has been awarded the Vir Chakra is fully exempted under the relevant income tax provision, and therefore excluded from the recipient's taxable income as an assessee-specific exemption.
Manuals Income Tax
Show AI Summary
Share of profit exemption: interest on capital and partner remuneration are not covered under the provision.
The exemption is confined to a partner's share of profit from the firm or LLP and does not extend to interest on capital or to remuneration paid to the partner; such receipts must therefore be treated separately from the profit-share exemption.
Manuals Income Tax
Show AI Summary
Exemption for HUF distributions may not apply where clubbing rules apply, affecting taxability of co parcener receipts.
Amounts received by an individual co parcener from the HUF are exempt in the hands of the assessee under the general exemption for such receipts, subject to the overriding provision dealing with clubbing or attribution of income which can limit that exemption.
Manuals Income Tax
Show AI Summary
Accounting policy change requires reasonable cause and substance-over-form treatment to reflect a true and fair view.
Accounting policies must present a true and fair view of the state of affairs and income; treatment and presentation must follow substance over legal form; an accounting policy shall not be changed without reasonable cause, and any change must serve faithful representation for income computation and disclosure.
Manuals Income Tax
Show AI Summary
Accrual versus accounting method: accrual-based charge under residency provisions overrides cash-basis bookkeeping for taxing income.
Where income has become taxable under the substantive provision governing non-resident receipts, that charging provision prevails over a taxpayer's cash-basis accounting; Section 145 is a machinery provision to effectuate the charge and cannot be used to defeat or nullify the substantive charge so as to allow taxable income to escape tax.
Manuals Income Tax
Show AI Summary
Accrual of income: recognition occurs when a vested right and debtor liability arise, not necessarily on actual receipt.
ICDS I explains that accrual of income arises when a vested right to receive payment emerges and a corresponding liability is created on the other party; postponement or non-receipt does not prevent accrual, though non-receipt may justify separate deductions or claims. Accrual and arisal denote an inchoate right prior to actual receipt, while receipt denotes physical collection, and for tax accounting the existence of the right and the debtor's liability are the operative tests for accrual-based recognition.
Manuals Income Tax
Show AI Summary
Deduction for bad debts allowed where income recognised under ICDS but not recorded in accounts is later irrecoverable.
Where a debt included in income on the basis of Income Computation and Disclosure Standards but not recorded in the accounts becomes irrecoverable, Finance Act, 2016 permits the debt (or part) to be allowed as a deduction in the year it becomes irrecoverable and deems that the debt has been written off in the accounts for the purposes of the deduction.
Manuals Income Tax
Show AI Summary
Applicability of ICDS: timing of TDS entries determines whether expenditure is disallowable under TDS disallowance provisions.
ICDS apply only to computation of income under Profit & gains from business or profession and Income from Other Sources. For Sections 40(a)(i) and 40(a)(ia), disallowance depends on whether tax was deductible and whether an entry creating that liability or deduction existed in the year expenditure was claimed; absence of such an entry negates disallowance, while prior-year deduction of tax prevents disallowance in the year of allowance.
Manuals Income Tax
Show AI Summary
ICDS exclusion from TDS timing: TDS deduction timing and taxable expenditure follow book credit or payment date.
ICDS does not affect TDS mechanics: the time for TDS (date of credit in books or date of payment) and the expenditure amount subject to deduction are determined by the books of account or payment date, not by ICDS computation of allowable expenditure.
Manuals Income Tax
Show AI Summary
ICDS compliance: prepare ICDS-based financials and reconciliations to ensure taxable income computation aligns with disclosure standards.
Differences between accounting under ICDS and other accounting frameworks can materially affect taxable income and subsequent years' computations; taxpayers should quantify divergences and account for consequential tax adjustments. Practically, maintain parallel ICDS-based profit and loss and balance sheet statements and prepare a detailed reconciliation with primary accounting records to ensure all ICDS adjustments are considered. Auditors must certify that computation of total income complies with ICDS, making transparent documentation of adjustments and reconciliations necessary for audit certification and tax compliance.
Case Laws Income Tax
Show AI Summary
Capital gain valuation under section 50C on transfer of contractual rights challenged as inappropriate and commercially onerous.
Application of section 50C to a transfer of rights under a power of attorney, where no possession or control of the immovable property passed and no stamp authority value was adopted, was contested; the assessing officer's adoption of an enhanced valuation for computing short term capital gains was regarded as inappropriate and characterised as harassment, and that addition was reversed on appeal.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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

Topic Clause 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% threshold Same: 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 date Stamp 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 condition Applies 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 78 Refers 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

Acts Income Tax