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
    Tax Incentives for Strengthening Agricultural Producer Companies : Clause 150 of Income Tax Bill, 20...
    A Contemporary Recasting of Section 80P for Strengthening the Co-operative Sector : Clause 149 of th...
    Preventing Double Taxation of Corporate Dividends : Clause 148 of the Income Tax Bill, 2025 Vs. Sect...
    Future of Tax Incentives for Offshore Banking and IFSCs : Clause 147 of the Income Tax Bill, 2025 vs...
    Continuing the legislative policy of incentivizing employment generation : Clause 146 of Income Tax ...
    Tax Incentives for Bio-Degradable Waste Management in India : Clause 145 of the Income Tax Bill, 202...
    Tax Incentives for reginal development in the North-Eastern States of India : Clause 143 of Income T...
    Transitional Tax Incentives for Affordable Housing : Clause 142 of Income Tax Bill, 2025 Vs. Section...
    Grandfathering Industrial Undertaking Deductions : Clause 141 of Income tax Bill, 2025 vs. Section 8...
    Tax Incentives for Start-ups in India : Clause 140 of Income Tax Bill, 2025 and Comparative Analysis...
    Protecting SEZ Developers' Tax Incentives : Clause 139 of the Income Tax Bill, 2025 Vs. Section 80IA...
    Assessing the Continuity and Reform of Infrastructure Tax Incentives under the Evolving Income Tax F...
    Reforming Political Contribution Deductions for Transparency and Accountability : Clause 137 of Inco...
    Transparency and Tax Incentives in Political Funding : Clause 136 of the Income Tax Bill, 2025 Vs. S...
    Redefining Tax Deductions for Scientific and Rural Advancement : Clause 135 of the Income Tax Bill, ...
    Modernising Charitable Tax Incentives : Clause 354(1) of Income Tax Bill, 2025 Vs. Section 80G(5) of...
    Modernizing Tax Benefits for Higher Education : Clause 129 of the Income Tax Bill, 2025 Vs. Section ...
    Promoting Affordable Housing through deduction in respect of interest on loans : Clause 130 of the I...
    Promoting Home Ownership by allowing deductions on interest payments : Clause 131 of Income tax Bill...
    Promoting Green Transportation tax Incentives for Electric Vehicles : Clause 132 of the Income Tax B...
❯❯
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 deduction for producer companies enables full relief for profits from member-focused agricultural marketing and processing activities.
    A statutory measure grants a 100% deduction on profits and gains of qualifying Producer Companies for income attributable to an identified eligible business-marketing members' agricultural produce, supplying inputs to members, and processing members' produce-subject to turnover limits, inclusion in gross total income, sequencing after other Chapter VI A deductions, and a legislatively imposed sunset period, with transitional company-law references and apportionment issues creating practical and interpretive compliance challenges.
    Act RulesBills
    Show AI Summary
    Deduction for co operative societies preserved and modernised, with targeted categories and voting control safeguards for eligibility.
    Clause 149 permits deductions for specified categories of income of co operative societies-profits from credit to members, cottage industry, marketing and specified processing of members' agricultural produce, supply of agricultural inputs, collective disposal of members' labour, fishing and allied activities, interest or dividends from investments in other co operatives, and income from letting godowns or warehouses-subject to membership, voting restrictions for certain societies, exclusions for most co operative banks, and computation after specified infrastructure deductions.
    Act RulesBills
    Show AI Summary
    Deduction for inter corporate dividends prevents cascading taxation when dividends are onward distributed within the prescribed timeframe.
    Clause 148 permits a deduction for dividends received by a domestic company from domestic companies, foreign companies and business trusts, limited to the amount the recipient company actually distributes to its shareholders by the date one month before the due date for filing the return referenced in the Bill; the same amount cannot be deducted in any other tax year. The deduction is conditional on onward distribution and timely compliance, creating documentary and administrative verification obligations and raising clarifications around the definition of dividend, treatment of foreign dividends and business trust distributions.
    Act RulesBills
    Show AI Summary
    Tax deductions for IFSC and OBU income provide extended full relief subject to accountant certification and regulatory permission.
    Clause 147 provides a consolidated deduction regime for OBUs and IFSC units in SEZs, specifying eligible assessees and qualifying income categories (OBU income, banking activities tied to SEZ undertakings/developers, approved IFSC activities, and transfers of leased aircraft or ships within the stated commencement deadline). It prescribes full deduction for designated consecutive years with an elective window for IFSC units, and conditions the allowance on submitting a prescribed accountant's certification and evidence of regulatory permission or registration.
    Act RulesBills
    Show AI Summary
    Deduction for additional employee cost incentivises formal hiring through multi year tax relief subject to reporting and anti abuse conditions.
    Clause 146 allows a deduction equal to 30% of additional employee cost for three consecutive tax years where an assessee with business income increases employee numbers and pays emoluments through prescribed modes; claims are disallowed for splitting up, reconstruction, transfer or reorganisation except for revived sick units, and are subject to exclusions based on emolument ceilings, provident fund participation, pension contribution arrangements and minimum tenure thresholds, with the deduction claim contingent on a prescribed accountant's report.
    Act RulesBills
    Show AI Summary
    Tax deduction for bio-degradable waste businesses allows full profit exemption for a fixed multi-year period.
    Clause 145 provides a deduction for businesses whose profits and gains arise from collecting, processing or treating bio-degradable waste for activities including generating power, producing bio-fertilizers, bio-pesticides or biological agents, producing bio-gas, and making pellets or briquettes for fuel or organic manure. The deduction equals the whole amount of profits and gains from the eligible business and is available for five consecutive tax years beginning with the tax year in which the business commences. Key compliance issues include defining commencement, segregating eligible profits, and clarifying interaction with other incentives.
    Act RulesBills
    Show AI Summary
    Tax incentives for North-Eastern undertakings: full profits deduction under new clause replaces prior provision, with revised cross references and limits.
    Special tax relief permits a 100% deduction of profits and gains for eligible North Eastern undertakings commencing within the specified window, subject to exclusions for certain goods and activities, anti abuse restrictions on reconstruction or transfer of used machinery, and limits on concurrent deductions and aggregate deduction periods; updated cross references modernize procedural application but may create interpretive ambiguities on commencement date and aggregation scope.
    Act RulesBills
    Show AI Summary
    Transitional deduction continuity preserved for eligible housing projects, computed and constrained by prior statutory conditions.
    Clause 142 preserves transitional tax relief by incorporating the prior housing-project deduction by reference: assessees who would have been eligible under the repealed provision may claim deductions computed under the prior statute for the tax years that would have been covered, subject to the same substantive conditions-including project approval and completion requirements, unit size and utilization thresholds, separate project accounts, exclusion of works contracts, and the clawback mechanism-while not extending benefits to new projects commenced after repeal.
    Act RulesBills
    Show AI Summary
    Grandfathering preserves industrial tax deductions, maintaining prior eligibility and compliance requirements for ongoing transitional claims.
    Clause 141 preserves existing deductions for profits and gains of specified industrial undertakings by applying the prior law's eligibility, quantum and duration of deduction as if the repealed provision remained in force. It imports legacy compliance, audit and rule based requirements for ongoing claims, maintains original commencement windows and notification statuses, and prohibits new or extended claims. The clause protects continuity of entitlement while leaving unresolved issues on procedural lapses and treatment of reorganisations.
    Act RulesBills
    Show AI Summary
    Start-up tax deduction: eligible start-ups may claim a consecutive-years profits exemption within the first decade, subject to certification and anti-abuse rules.
    Clause 140 provides that an eligible start-up deriving profits from an eligible business may claim a full deduction for three consecutive tax years chosen within ten years of incorporation, subject to eligibility limits, certification by an Inter-Ministerial Board, audit and filing requirements, restrictions on formation by splitting or asset transfer, treatment rules for previously used imported machinery and de minimis used-asset transfers, recomputation at market or arm's length value for intra-group transactions, Assessing Officer powers to adjust profits, a bar on double deductions, and a governmental power to notify prospective exclusions of classes of undertakings.
    Act RulesBills
    Show AI Summary
    SEZ developer deductions preserved as a transitional protection, applying legacy eligibility and computation rules to ongoing projects.
    Clause 139 functions as a transitional savings provision preserving deductions for profits and gains from SEZ development by applying the eligibility, computation, and temporal rules of the repealed provision to developers who commenced projects under that earlier regime, thereby maintaining investor expectations and limiting the relief to unexpired periods without creating new entitlements.
    Act RulesBills
    Show AI Summary
    Grandfathering of infrastructure tax deductions allows continuation of prior deduction regime into the new income tax code.
    Clause 138 preserves the deduction regime of Section 80-IA as a transitional grandfathering provision: where an assessee's income includes profits from businesses referred to in Section 80-IA and the assessee would have been eligible had the old Act not been repealed, a deduction is allowed computed under Section 80-IA and only for the tax years that would have been available under that section, with all eligibility, computation, anti-abuse, audit and exclusion provisions applying by reference.
    Act RulesBills
    Show AI Summary
    Non-cash political contributions incentivised by tax deduction promote traceability and exclude public-funded entities from benefits.
    Deductibility is confined to contributions made by non-cash means to political parties registered under the Representation of the People Act or to electoral trusts, with exclusions for local authorities and artificial juridical persons wholly or partly funded by the Government. The rule aims to ensure traceability and transparency by disallowing cash donations, requires contemporaneous treatment within the tax year, and imposes documentary and payment-channel compliance obligations on donors and recipients, while leaving certain interpretative points-such as the definition of artificial juridical person and acceptable modern payment modes-open to clarification.
    Act RulesBills
    Show AI Summary
    Corporate political donation deduction limited to non cash payments to registered parties, aligned with company law governance obligations.
    Clause 136 permits deduction only to Indian companies for non-cash contributions to political parties registered under section 29A of the Representation of the People Act or to electoral trusts, and defines "contribute" by reference to section 182 of the Companies Act, 2013, thereby importing board-approval, disclosure and reporting obligations and excluding cash donations to ensure traceability and alignment with corporate governance standards.
    Act RulesBills
    Show AI Summary
    Tax deduction for research donations narrowed, shifting compliance to recipient reporting and preserving donor protection for post donation approval withdrawal.
    Clause 135 provides a deduction for donations to approved institutions for scientific and social science/statistical research, requires recipient approval under the new Act's cross references, excludes donors with business or professional income from claiming the deduction, disallows large cash contributions, and conditions allowance of the deduction on information furnished by the payee to the tax authority subject to risk based verification; it also protects donors where recipient approval is withdrawn after the donation.
    Act RulesBills
    Show AI Summary
    Charitable donation approval: new time bound, digital compliance regime for donor deductions with stricter reporting requirements.
    Clause 354(1) creates a reworked approval regime for registered non profit organisations to qualify for donor tax deductions under section 133(1)(b)(ii), requiring application to the Principal Commissioner or Commissioner and satisfaction of specified conditions: non sectarian status, restriction on asset transfer to non charitable purposes, maintenance of regular accounts, filing prescribed statements with correction mechanisms, issuance of standardised donor certificates, and compliance with defined timelines for application, provisional approval and renewal.
    Act RulesBills
    Show AI Summary
    Deduction for interest on educational loans expanded to modernize eligibility and ease higher education financing.
    Clause 129 permits individual assessees to claim a deduction for interest paid on loans for higher education taken for the assessee or specified relatives, with the deduction available from the initial tax year of interest payment and continuing for a set number of subsequent tax years or until the interest is fully repaid; key terms such as higher education, financial institution, and approved charitable institution are defined to align with and modernize existing tax frameworks.
    Act RulesBills
    Show AI Summary
    Deduction for home loan interest offered to eligible first-time buyers under the new provision, subject to exclusivity and eligibility limits.
    Clause 130 provides a capped deduction for interest on loans from defined financial institutions for acquisition of residential house property, limited to loans meeting prescribed sanctioning, loan-amount and property-value conditions and where the assessee did not own residential property at sanction. The clause includes clear definitions and an exclusivity rule preventing claiming similar deductions under other provisions.
    Act RulesBills
    Show AI Summary
    Deduction for home loan interest extends targeted tax relief to eligible buyers subject to timing, property value, and ownership conditions.
    Clause 131 provides a capped deduction for interest on loans from defined financial institutions for acquisition of residential property, limited to borrowers not eligible under an alternate clause; conditions include a specified loan sanction window, a property value ceiling, absence of residential ownership at sanction, and an exclusivity rule preventing the same interest being deducted under another provision.
    Act RulesBills
    Show AI Summary
    Tax deduction for electric vehicle loan interest continues under new clause mirroring prior eligibility and exclusivity rules.
    Deduction for interest on loans to purchase electric vehicles is extended in substance by Clause 132, mirroring Section 80EEB: eligibility is limited to individuals with loans from defined financial institutions, the benefit is subject to a specified cap, loans must be sanctioned within the stated time window, claims are exclusive of other interest deductions, and "electric vehicle" is technically defined as a battery electric vehicle with regenerative braking.

    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