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
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
    Comparative Analysis of Tax Recovery and Default Provisions : Clause 411 of the Income Tax Bill, 202...
    Streamlining Advance Tax Credit in Indian Tax Legislation : Clause 410 of the Income Tax Bill, 2025 ...
    Analyzing the Deeming Provisions for Advance Tax Default : Clause 409 of the Income Tax Bill, 2025 v...
    Evolution and Implications of Advance Tax Instalment Provisions : Clause 408 of the Income Tax Bill,...
    Assessing Officer's Powers and Taxpayer Rights in Advance Tax : Clause 407 of the Income Tax Bill, 2...
    Reforming Advance Tax Obligations : Clause 406 of the Income Tax Bill, 2025 Vs. Section 210 of the I...
    Comparative Legal Analysis of Advance Tax Computation: Clause 405 of the Income Tax Bill, 2025 vs. S...
    Understanding Advance Tax Thresholds : Clause 404 of the Income Tax Bill, 2025 Vs. Section 208 of th...
    Significant provision governing the liability for the payment of advance tax in India : Clause 403 o...
    Legal and Practical Implications of PAN Non-Compliance : Clause 397(2) of the Income Tax Bill, 2025 ...
    Centralized Processing of Tax Deduction and Collection Statements : Clause 399 of Income Tax Bill, 2...
    Evolution of Tax Deduction and Collection Account Number : Clause 397(1) of the Income Tax Bill, 202...
    Evolution and Implications of TDS/TCS Default Provisions : Clause 398 of the Income Tax Bill, 2025 V...
    Innovations in TDS/TCS Reporting and Compliance : Clause 397(3) of Income Tax Bill, 2025 vs. Section...
    Legislative framework of collection of tax at source (TCS) and issuance of certificates in India : C...
    Navigating the New Landscape of Tax Collection at Source : Clause 394 of the Income Tax Bill, 2025 V...
    Reforming PAN Compliance : Clause 397(2) of the Income Tax Bill, 2025 vs. Section 206AA of the Incom...
    Transforming Tax Reporting and Compliance in India : Clause 397(3) of Income Tax Bill, 2025 Vs. Sect...
    Safeguarding Taxpayers from Double Taxation : Clause 401 of the Income Tax Bill, 2025 Vs. Section 20...
    Correct identification of the "person responsible for payment" : Clause 402(27) of the Income Tax Bi...
❯❯
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
    Act RulesBills
    Show AI Summary
    Tax default and recovery: rules on payment timelines, interest adjustment, waiver procedures, and deferment during appeals.
    Clause 411 sets the conditions for payment of tax on a notice of demand, the deemed default trigger for coercive recovery, and AO powers to shorten payment periods, extend time or allow instalments. It prescribes interest on unpaid demands with adjustment where liabilities change, prevents overlapping interest charges, allows time bound waiver or reduction of interest for hardship with a hearing requirement, permits deferment of default treatment during appeals on conditions, and protects remittance restricted foreign income from being treated as default.
    Act RulesBills
    Show AI Summary
    Advance tax credit ensures payments are applied to the relevant tax year and credited in regular assessment.
    Sums paid or recovered as advance tax, excluding penalty and interest, shall be treated as payment of tax for the income of the tax year in which payable, and credit for such advance tax must be given to the assessee in the regular assessment; the clause covers voluntary payments and recoveries and ties credit to the relevant tax year, while procedural mechanisms, definition of tax year, and treatment on reassessment are left to subordinate rules.
    Act RulesBills
    Show AI Summary
    Advance tax default: three independent triggers establish deemed default and activate statutory consequences for noncompliance.
    Clause 409 deems a taxpayer in default for advance tax where the taxpayer fails to: pay an instalment specified by an Assessing Officer by the due date; send an intimation of revised liability to the Assessing Officer by the date an unpaid instalment becomes due; or pay advance tax based on the taxpayer's own estimate of current income. The clause frames these three independent triggers as grounds for deeming default, thereby activating statutory consequences such as interest, penalties, and recovery measures.
    Act RulesBills
    Show AI Summary
    Advance tax instalment schedule: staged payments and a single-instalment rule for presumptive taxpayers streamline compliance and revenue flow.
    Clause 408 requires assessees to pay advance tax in staged instalments during the tax year, with progressive minimum thresholds and specified due dates, and treats amounts paid on or before the last day of the tax year as advance tax. It provides a single-instalment exception for presumptive taxpayers and cross-references the statutory computation provision for determining current income, while updating terminology and certain cross-references that will require harmonisation with other provisions.
    Act RulesBills
    Show AI Summary
    Advance tax orders: AO may require payment based on the higher of assessed or returned income, with taxpayer estimation rights.
    Clause 407 authorises the Assessing Officer to order advance tax from persons already assessed, specifying a specified sum-the higher of the latest assessed income or subsequently returned income-and an instalment schedule, with such orders and any amendments requiring accompanying notices of demand and adherence to prescribed timing and procedural safeguards.
    Act RulesBills
    Show AI Summary
    Advance tax self assessment: Bill emphasizes taxpayer initiated instalments and mid year revision, shifting reliance onto voluntary compliance.
    Clause 406 requires every person liable to pay advance tax to self assess and remit instalments based on the specified sum, defined as the assessee's estimate of current income, calculated by the cross referenced methodology and paid by statutory due dates; taxpayers may increase or reduce subsequent instalments to accord with revised estimates, while the clause itself does not set out administrative order powers.
    Act RulesBills
    Show AI Summary
    Advance tax computation: formula-based method clarifies net tax after TDS/TCS credits and tightens credit conditions.
    Clause 405 adopts a formulaic computation of advance tax: A = B - C, where B is tax on the "specified sum" and C is TDS/TCS deductible only if the income is included in the specified sum and the deductor/collector has actually credited/paid or received/debited the income post deduction/collection. Net agricultural income is included by reference to assessing officer orders or the assessee's estimate as applicable. The clause modernises drafting and omits the prior HUF specific provision, raising potential gaps.
    Act RulesBills
    Show AI Summary
    Advance tax liability retained; payable during the tax year when computed tax meets the statutory threshold, preserving continuity.
    Clause 404 requires payment of advance tax during the tax year when the amount of tax "as computed under this Part" for that year reaches the statutory threshold, linking liability to the year of income accrual, incorporating deductions, exemptions and set offs in computation, and using the threshold to exclude small liabilities from procedural advance payments.
    Act RulesBills
    Show AI Summary
    Advance tax liability clarified: pay tax on current income during the tax year, with a narrow senior citizen exemption.
    Clause 403 requires payment of advance tax during the tax year on an assessee's current income, defined as the total income chargeable to tax for that tax year, and exempts resident individuals aged sixty or above who have no income under "Profits and gains of business or profession." The provision replaces earlier temporal terms with "tax year" and references mechanisms within "this Part," indicating structural reorganization and necessitating clear definitions and transitional guidance.
    Act RulesBills
    Show AI Summary
    PAN non compliance increases withholding and collection rates and invalidates declarations, expanding PAN obligations to both TDS and TCS.
    Clause 397(2) mandates furnishing and quoting of PAN by deductees and collectees, invalidates certain declarations and applications where PAN is absent, and requires deductors/collectors to apply prescribed higher rates of TDS and TCS in the absence of PAN. The clause covers both TDS and TCS, provides exemptions for specified non resident scenarios and specified payments, caps TDS on certain rent payments at the last month's rent, and emphasizes comprehensive documentation and reporting obligations to enhance traceability and enforcement.
    Act RulesBills
    Show AI Summary
    Centralized processing of withholding statements enables automated determination and intimation of amounts payable or refundable.
    Centralized processing creates an automated, unified mechanism for TDS and TCS statements, including correction statements, requiring rectification of arithmetical errors and apparent incorrect claims, computation of interest and fees on adjusted amounts, adjustment against prior payments, issuance of an intimation within one year from the end of the tax year, and grant of refunds; the Board may establish a centralized processing scheme and must address interpretive gaps such as the undefined scope of "incorrect claim apparent" and the tax year/financial year distinction.
    Act RulesBills
    Show AI Summary
    Tax Deduction and Collection Account Number mandated for deductors and collectors to enhance tracking and reporting under the new bill
    Clause 397(1) requires every person responsible for deducting or collecting tax to apply for and, when allotted, quote a Tax Deduction and Collection Account Number (TDCAN) in all prescribed TDS/TCS documents; it prevents duplication, allows prescribed timelines and forms, and provides targeted exemptions including notified persons and categories cross referenced to other provisions.
    Act RulesBills
    Show AI Summary
    Deemed assessee in default: consolidated TDS/TCS consequences including interest, asset charge, and conditional relief.
    Clause 398 deems persons required to deduct or collect tax who fail to deduct, collect, or remit to be assessee in default, subject to interest, recovery and a statutory charge on assets. A conditional exception applies where the payee has reported and paid the income tax and an accountant's certificate in the prescribed form is furnished; interest is bifurcated between pre-collection and post-collection periods and must be paid before filing the relevant statement. The clause sets a limitation period for default orders and requires satisfaction of good and sufficient reasons before penalties are imposed.
    Act RulesBills
    Show AI Summary
    TDS/TCS reporting modernization: unified mandates for remittance, verified statements, non-resident reporting and six-year corrections.
    Clause 397(3) mandates that every person responsible for deduction or collection, including employers and designated government officers, remit deducted or collected tax to the Central Government within prescribed timelines and furnish verified statements in prescribed forms; it requires the prescribed authority to issue statements to buyers/licensors/lessees, mandates reporting of payments to non-residents irrespective of taxability, recognises a six-year correction window for statement amendments, compels specified financial institutions to file statements for certain payments, and preserves liability where tax collection fails.
    Act RulesBills
    Show AI Summary
    Lower TCS certificates permit reduced collection when taxpayer income justifies it, with mandatory certified issuance and electronic processes.
    Clause 395(3) permits buyers, licensees or lessees to apply to the Assessing Officer for collection of tax at a lower rate where the AO is satisfied that the applicant's total income justifies lower collection; the AO issues a certificate specifying the reduced rate and validity, subject to rules and to cancellation after hearing. Clause 395(4) requires every person deducting or collecting tax to issue a certificate to the deductee or collectee specifying the amount, rate and other prescribed particulars within prescribed timelines, with electronic issuance anticipated.
    Act RulesBills
    Show AI Summary
    Tax collection at source: consolidated TCS framework aligns rates, preserves declaration exemptions and prevents double collection.
    Clause 394 consolidates TCS rules into a table specifying liable collectors, receipt categories, tiered rates and timing (earlier of debit or payment), retains a declaration based exemption for residents using goods for manufacturing/processing/production or power generation with prescribed duplicate filings and reporting, incorporates anti overlap safeguards preventing double collection on remittance and tour package transactions, and adopts existing definitions for forest produce while omitting certain granular definitions and the lower/nil TCS certificate mechanism pending further rulemaking.
    Act RulesBills
    Show AI Summary
    PAN furnishing requirement: higher withholding rates apply where PAN is not provided, with specified carve-outs for non-residents.
    Clause 397(2) requires recipients and payers of amounts subject to TDS/TCS to furnish and quote a valid PAN; failure to do so triggers withholding or collection at enhanced statutory rates, invalidates declarations or applications for lower or nil deduction absent PAN, and mandates PAN disclosure in all transactional documents, while providing specified exemptions for certain non-residents and a cap on TDS for rent in defined cases.
    Act RulesBills
    Show AI Summary
    TDS/TCS reporting obligations expanded: mandatory electronic payment, verified statements, correction window and liability for non-collection.
    Clause 397(3) requires prompt payment of tax deducted or collected to the Central Government and the furnishing of verified statements in prescribed forms and manner. It expands reporting to include payments to non-residents, special procedures for government remittances without challans, and interest payments below thresholds by specified entities. The clause permits correction statements within six years and imposes liability to pay where tax is not collected, while delegating operational details to prescribed authorities and mandating electronic filing and verification.
    Act RulesBills
    Show AI Summary
    Bar against direct demand protects assessees from paying tax already deducted at source, placing recovery obligations on the deductor.
    A statutory bar prevents authorities from calling an assessee to pay tax to the extent tax has been deducted at source: Clause 401 of the 2025 Bill mirrors Section 205 of the 1961 Act by protecting the assessee where tax was actually deducted, limiting liability "to the extent" of deduction and leaving recovery, penalties, and prosecution against the deductor for any non deposit.
    Act RulesBills
    Show AI Summary
    Person responsible for paying: allocation of TDS/TCS duties to payers, principal officers, authorised remitters and government payors.
    Clause 402(27) designates the person responsible for paying for TDS/TCS according to payment type and payer status: employers (and company principal officers) for salaries; payers (and company principal officers) for interest and other chargeable sums; authorised persons for remittances to NRIs; payers for reporting payments to non-residents irrespective of chargeability; and drawing and disbursing officers (or the actual payor) for government payments, with cross-references to FEMA and updated agent definitions.

    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