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
    The Transformation of Information-Gathering Powers : Clause 259 of the Income Tax Bill, 2025 Vs. Sec...
    Statutory Powers to Collect Information in Tax Administration : Clause 254 of the Income Tax Bill, 2...
    Transformation of Income-tax Survey Provisions in India : Clause 253 of the Income Tax Bill, 2025 Vs...
    Powers to Call for Information under the Income Tax Law : Clause 252 of the Income Tax Bill, 2025 Vs...
    Balancing Revenue Recovery and Taxpayer Rights : Clause 250 of the Income Tax Bill, 2025 Vs. Section...
    Balancing Tax Enforcement and Procedural Fairness in the Search and Seizure : Clause 249 of the Inco...
    Evolution and Implications of Requisition Powers in Indian Income Tax Law : Clause 248 of the Income...
    Procedural Safeguards and Retention of Seized Materials during search and seizure operations : Claus...
    Non-Disclosure of Reasons in Income Tax Search and Seizure : Clause 249 of the Income Tax Bill, 2025...
    Evolution of Tax Enforcement : Clause 247 of Income Tax Bill, 2025 Vs. Section 132, Income-tax Act, ...
    Quasi-Judicial Powers of Income-tax Authorities : Clause 246 of the Income Tax Bill, 2025 Vs. Sectio...
    Transformation of Tax Jurisdiction : Clause 245 of the Income Tax Bill, 2025, and Section 130 of the...
    Legal Safeguards and Procedural Continuity under Indian Income Tax Law : Clause 244 of Income Tax Bi...
    Modernizing the Statutory Framework for Jurisdictional Transfers and Natural Justice : Clause 243 of...
    Legal and Administrative Framework Determining the Jurisdiction of Assessing Officers : Clause 242 o...
    Jurisdictional Architecture under the income tax : Clause 241 of the Income Tax Bill, 2025 Vs. Secti...
    Statutory Foundations of the Taxpayer's Charter : Clause 240 of the Income Tax Bill, 2025 Vs. Sectio...
    Power to issue instruction for the purpose of the proper administration of this Act : Clause 239 of ...
    Administrative Hierarchy under the Income Tax Law : Clause 238 of Income Tax Bill, 2025 Vs. Section ...
    Statutory Framework for Appointment of Income-tax Authorities : Clause 237 of Income Tax Bill, 2025 ...
❯❯
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
    Power to call for information: targeted verification notices enable centralized processing while raising data privacy and procedural safeguard concerns.
    Clause 259 empowers a prescribed income tax authority to issue notices to any person to furnish information useful for or relevant to verifying information already in the authority's possession, requiring specification of form, manner and time. Sub clause (2) permits processing and utilisation of received information under a scheme to be notified under section 260, indicating standardized, centralized data handling while leaving procedural safeguards, definition of "proceeding," and privacy protections to the forthcoming scheme.
    Act RulesBills
    Show AI Summary
    Power to collect information: authorised tax officers may require prescribed business records during business hours with non-removal safeguards.
    Clause 254 empowers designated income-tax officers to enter premises where a business or profession is carried on during business hours and require proprietors, employees or other persons to furnish prescribed information, while expressly prohibiting removal of books, documents, cash, stock or valuable articles. The power is linked to subordinate rules that prescribe the form and content of information, limits activity to collection (not search or seizure), and includes specified ranks and authorised inspectors subject to delegation and procedural safeguards.
    Act RulesBills
    Show AI Summary
    Survey powers modernisation expands access to digital records while preserving timing limits and prior approval safeguards.
    Clause 253 expands survey powers to include computer systems, electronic media and virtual digital space, permits entry to any place where business is carried on or where records are kept, and obliges persons present to provide access and technical assistance. It limits entry hours, restricts removal of assets, authorises marking, extracts, oath-recorded statements, time limited impounding with recorded reasons and inventories, mandates prior senior approval for surveys and allows enforcement measures for non-cooperation.
    Act RulesBills
    Show AI Summary
    Power to call for information enables tax authorities to require verified data from wide categories to support tax enquiries.
    Clause 252 confers an expansive authority on specified income-tax officers to require verified information, accounts, and returns from a wide range of persons and intermediaries - including banks, firms, HUFs, trustees, assessees in relation to specified payments, and dealers/brokers/exchanges - to support enquiries, assessments, investigations and international information-exchange, while prescribing approval safeguards where no proceedings are pending and authorising prescribed forms and verification.
    Act RulesBills
    Show AI Summary
    Application of seized assets: statute permits AO to appropriate assets for tax recovery while preserving release safeguards.
    Clause 250 authorises the Assessing Officer to apply assets seized or requisitioned towards tax, penalty and interest liabilities (excluding advance tax), covering liabilities under the new Act, the Income tax Act and the Black Money Act. It preserves application of money first, permits appropriation and sale of non monetary assets as prescribed, and allows other recovery modes. Assets may be released on application within thirty days subject to AO satisfaction and senior officer approval and must be released within 120 days; excess assets must be returned and interest is payable on prolonged retention under a specified formula.
    Act RulesBills
    Show AI Summary
    Non-disclosure of reason to believe or suspect limits appellate access while preserving investigative secrecy in tax searches.
    Clause 249 bars disclosure of the reason to believe or reason to suspect recorded by income-tax authorities under sections 247 and 248 to any person, authority, or the Appellate Tribunal, thereby insulating the subjective satisfaction that authorises search, seizure, or requisition from appellate scrutiny while leaving constitutional courts able to review reasons in appropriate proceedings.
    Act RulesBills
    Show AI Summary
    Requisition powers enable tax authorities to obtain material held by other agencies for tax proceedings.
    Clause 248 authorises a senior approving authority, on forming a reason to believe that summoned books, documents, electronic records or assets are in another authority's custody or will not be produced, to empower specified officers to requisition such material; on delivery the material is treated as if seized, invoking seizure related procedural safeguards while allowing the original authority to retain material until it is no longer necessary for its own proceedings.
    Act RulesBills
    Show AI Summary
    Retention limits on seized materials ensure time-bound return and supervised copying rights under the proposed income tax clause.
    Clause 251 governs copying, extraction, retention and release of seized books, documents and electronic records, requiring transfer to the jurisdictional Assessing Officer where necessary, preserving a supervised right to make copies or extracts on application, and imposing a default retention period with extensions only on recorded reasons and higher approval; an absolute cap prohibits retention beyond thirty days after completion of all proceedings, and affected persons may object to continued retention before the Board which must hear them.
    Act RulesBills
    Show AI Summary
    Non-disclosure of reasons protects search and seizure confidentiality while limiting appellate access and focusing review on procedural defects.
    Clause 249 creates an absolute statutory bar on disclosure of the "reason to believe" or "reason to suspect" recorded for authorising searches and seizures, preventing disclosure to any person, authority, or the Appellate Tribunal. It preserves the requirement to record reasons and follow procedures but confines challenges to procedural defects, manifest arbitrariness, or jurisdictional absence; constitutional courts may still examine reasons in camera in exceptional cases of mala fides or lack of jurisdiction.
    Act RulesBills
    Show AI Summary
    Search and seizure powers modernized to encompass electronic records, provisional attachment, and expanded evidentiary presumptions.
    Clause 247 modernises search and seizure for income tax enforcement by explicitly covering electronic records and undisclosed foreign assets, authorising entry, search, extraction, seizure or prohibitory orders, requisitioning technical assistance, and provisional attachment subject to prior approval and recorded reasons, while retaining the reason to believe standard and rebuttable statutory presumptions regarding ownership and authenticity of seized material.
    Act RulesBills
    Show AI Summary
    Quasi judicial powers enable tax authorities to compel discovery, attendance, and document production with procedural safeguards.
    Clause 246 vests specified income tax authorities with civil court-equivalent powers for discovery, inspection, compulsory attendance, production of books and documents, examination on oath, and issuance of commissions; permits exercise of those powers in the absence of pending proceedings where there is a reason to suspect or by Board notification; authorises impounding of produced documents subject to recorded reasons, a limited retention period excluding holidays, and sanctioned extensions.
    Act RulesBills
    Show AI Summary
    Faceless jurisdiction transforms tax administration by institutionalizing remote assessment and team-based dynamic jurisdiction.
    Clause 245 creates a statutory Scheme for faceless jurisdiction, authorising the Central Government to operate specified income-tax powers and functions remotely, including vesting jurisdiction in assessing officers, transferring cases, and ensuring continuity on change of incumbency; it permits notifications to modify Act provisions to implement the Scheme and requires such notifications to be laid before Parliament, balancing administrative flexibility with concerns about the scope of delegated legislation and safeguards for procedural fairness.
    Act RulesBills
    Show AI Summary
    Change of incumbent of an office: successor may continue proceedings but assessee can demand reopening or rehearing.
    Clause 244 provides that when an income-tax authority ceases to exercise jurisdiction and is succeeded by another, the successor may continue the proceeding from the stage left by the predecessor, and before such continuation the assessee may demand that the previous proceeding or any part thereof be reopened or that the assessee be reheard before any assessment order is passed.
    Act RulesBills
    Show AI Summary
    Power to transfer cases: modernised transfer framework preserves opportunity to be heard while enabling cross jurisdictional transfers.
    Clause 243 empowers designated senior income tax authorities to transfer any "case"-defined to include pending, completed and future proceedings-among Assessing Officers within or across jurisdictions; transfers between different authorities require agreement or, failing that, Board intervention. The clause mandates, where practicable, a reasonable opportunity of being heard and recording of reasons, exempts intra city/locality transfers from prior hearing, permits transfers at any stage without re issuing notices, and consolidates authority designations under the term "specified income tax authority."
    Act RulesBills
    Show AI Summary
    Assessing Officer jurisdiction clarified: territorial nexus, strict time bars and internal administrative resolution govern assessment authority.
    The clause anchors AO jurisdiction to the taxpayer's principal place of business, profession, or residence and empowers a specified income-tax authority to determine jurisdictional questions, with escalation to the Board where multiple authorities are involved. It mandates strict time limits for raising jurisdictional objections linked to notice service or assessment stages, requires AO referral of unresolved objections before completing assessment, and preserves AO powers over income arising within their area despite jurisdictional disputes.
    Act RulesBills
    Show AI Summary
    Centralized jurisdiction and delegation: Board directions reallocate tax authorities' powers, shaping jurisdictional clarity and administrative flexibility.
    Clause 241 vests income-tax authorities with powers exercisable in accordance with directions issued by the Board, permits higher authorities to exercise functions of lower authorities, authorizes delegated written orders for subordinates, and sets jurisdictional criteria including territorial area, persons, classes of income and cases. It enables the Board to issue general or special orders empowering specified senior officers to perform others' functions, contains deeming provisions treating references to the Assessing Officer as references to substituted officers and removes certain approval requirements, and expands notification powers to prescribe the manner of returns and designate responsible authorities.
    Act RulesBills
    Show AI Summary
    Taxpayer's Charter mandated: statutory duty to adopt a charter, but enforceability and remedies remain undefined.
    Clause 240 of the Income Tax Bill, 2025 and Section 119A of the Income-tax Act require the Central Board of Direct Taxes to adopt and declare a Taxpayer's Charter and empower the Board to issue orders, instructions, directions or guidelines for its administration. Both provisions mandate adoption while leaving substantive content, enforceability, remedies, review, and stakeholder consultation to the Board's discretion, creating interpretive issues concerning legal status, variability of protections, and mechanisms for accountability.
    Act RulesBills
    Show AI Summary
    Administrative instruction power guides tax authorities, subject to non interference in individual cases and parliamentary oversight.
    Clause 239 grants the Board a broad administrative instruction power to issue binding orders and directions to income tax authorities for uniform administration, subject to safeguards: it cannot direct outcomes in individual cases or interfere with appellate discretion. The clause permits targeted interventions-general or special orders for assessment and collection, condonation of belated claims by non appellate authorities, and relaxation of deduction requirements where default is beyond the assessee's control and compliance occurs before completion of assessment-and requires reasons and parliamentary laying of certain relaxation orders.
    Act RulesBills
    Show AI Summary
    Control of tax authorities: Board may notify subordination of income-tax authorities, affecting jurisdiction and publication standards.
    Clause 238 and Section 118 empower the Board to issue notifications directing that specified income-tax authorities be subordinate to other specified authorities; this confers broad administrative control over hierarchies and supervision while remaining subject to administrative-law limits. A key textual difference is Clause 238's omission of an explicit requirement for publication in the Official Gazette, raising questions about the formal mode of notification, transparency, and enforceability that subordinate rules or judicial interpretation should address.
    Act RulesBills
    Show AI Summary
    Appointment of income-tax authorities: Central Government retains primary power with controlled delegation and service-rule safeguards.
    Clause 237 vests primary appointment authority for income-tax authorities in the Central Government while authorising delegation to the Board and specified senior officers for appointments below Deputy/Assistant Commissioner, and permits authorised income-tax authorities to appoint executive or ministerial staff, all subject to rules and orders regulating conditions of service and Board authorisation.

    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