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 it is required to disclose a change in the accounting policies if it has no material effect ...
    Manuals Income Tax
    ICDS-I provides that an accounting policy shall not be changed without ’reasonable cause’. The t...
    Manuals Income Tax
    Why does the marked to market loss or an expected loss shall not be recognised as per ICDS-I.
    Manuals Income Tax
    When does an assessee is required to make disclosures of fundamental accounting assumptions as per I...
    Manuals Income Tax
    What is the scope of Going Concern as per ICDS I.
    Manuals Income Tax
    ICDS-I requires disclosure of significant accounting policies and other ICDS requires specific discl...
    Manuals Income Tax
    In case any of the ICDS provisions is contrary to a circular or press release issued by the CBDT, wh...
    Manuals Income Tax
    Whether the provisions of ICDS apply to a non-resident who claims the benefit of a double taxation a...
    Manuals Income Tax
    When can a provision be recognized as per ICDS X.
    Manuals Income Tax
    What is the impact of ICDS X containing transitional provisions.
    Manuals Income Tax
    Under ICDS X, whether reversal of an asset and the related income would mean that the entry which wa...
    Manuals Income Tax
    Can any expenditure should set off against a provision recognised for another expendiure.
    Manuals Income Tax
    Expenditure on post-retirement benefits like provident fund, gratuity, etc. are covered by specific ...
    Manuals Income Tax
    What is the manner of recording the borrowing costs.
    Manuals Income Tax
    What are the activities necessary to prepare inventory for its intended sale as per ICDS IX.
    Manuals Income Tax
    There are specific provisions in the Act read with Rules under which a portion of borrowing cos...
    Manuals Income Tax
    How to allocate borrowing costs relating to general borrowing as computed in accordance with formula...
    Manuals Income Tax
    Under ICDS IX does borrowing cost include exchange differences arising from foreign currency borrowi...
    Manuals Income Tax
    Whether bill discounting charges and other similar charges would fall under the definition of borrow...
    Manuals Income Tax
    Which are the borrowing costs covered by ICDS IX.
❮
❯
❯❯
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
Accounting policy change disclosure required when future material effect is expected; disclose at adoption and when it first becomes material.
Change in accounting policies that has no material effect in the current previous year but is reasonably expected to have material effect later must be disclosed: (a) in the previous year in which the change is adopted; and (b) in the previous year in which the change has material effect for the first time.
Manuals Income Tax
Show AI Summary
Change in accounting policy: permitted only for reasonable cause and where AS 5 requires it or improves financial presentation.
A change in accounting policy will be treated as reasonable if it meets the criterion established by AS 5: the change is permissible only where it is required by statute, necessary for compliance with an accounting standard, or results in a more appropriate presentation of the enterprise's financial statements.
Manuals Income Tax
Show AI Summary
Mark-to-market loss recognition barred under ICDS, allowed only if another ICDS or tax law permits.
Mark-to-market and expected losses are not recognised under ICDS I unless another ICDS permits such recognition; the Accounting Standards Committee held that because anticipated profits are not recognised, parity requires that expected or mark-to-market losses also be excluded, while established tax-law precedent allows deduction for exchange fluctuation losses arising on revenue-purpose borrowings.
Manuals Income Tax
Show AI Summary
Disclosure of fundamental accounting assumptions required when Going Concern, Consistency or Accrual are not followed in tax reporting.
ICDS I requires that where the Going Concern, Consistency and Accrual assumptions are followed no specific disclosure is required, but any departure from these fundamental accounting assumptions must be disclosed; the revised tax audit reporting format provides columns to record such disclosures.
Manuals Income Tax
Show AI Summary
Going concern assumption affects income computation and disclosure, requiring a different measurement basis if materially impinged.
Going concern is the assumption that an assessee will continue operations and has no intent or necessity to liquidate or materially curtail business; it underpins periodic income computation and financial statements and applies in the absence of contrary information. Material uncertainties that cast doubt on going concern may impinge this assumption. ICDS I does not specify computation methods when going concern is not met; absent such mandate an assessee may follow the Framework for the Preparation and Presentation of Financial Statements and prepare statements on a different basis, affecting recognition, measurement and disclosure.
Manuals Income Tax
Show AI Summary
ICDS disclosure requirements must be reported in tax audit reports and reflected in amended income tax return schedules.
ICDS require disclosure of accounting policies and ICDS adjustments; the net effect must be disclosed in the Return of Income. Disclosures required under ICDS shall be made in the tax audit report in Form 3CD for taxpayers subject to tax audit, and no separate disclosure regime exists for those not liable to tax audit; return forms were amended to include a schedule ICDS.
Manuals Income Tax
Show AI Summary
ICDS supremacy - where ICDS conflicts with CBDT circulars or press releases, the ICDS treatment prevails.
Where ICDS provisions conflict with earlier CBDT circulars or press releases, the later ICDS provisions prevail for the period after they take effect; CBDT circulars and press releases are interpretative guidance binding on tax officers but not on taxpayers.
Manuals Income Tax
Show AI Summary
DTAA supremacy: ICDS governs income computation when the treaty is silent, non-conflicting, or specifies only tax rate.
ICDS apply to non-residents claiming DTAA benefits only where the DTAA is silent, where there is no conflict between ICDS computation and treaty treatment, where the income falls outside the DTAA's scope, or where the DTAA fixes a tax rate but does not prescribe the method of computing the income, in which case ICDS governs computation.
Manuals Income Tax
Show AI Summary
Recognition of provisions under ICDS X requires a present obligation, probable outflow of resources, and a reliable estimate.
Recognition of a provision under ICDS X requires a present obligation from a past event, a reasonably certain outflow of resources to settle the obligation, and a reliable estimate of the obligation amount; routine future operating costs must not be recognised as provisions.
Manuals Income Tax
Show AI Summary
Transitional provisions for ICDS X ensure recognition of provisions and contingent items to prevent double taxation or omission.
Transitional recognition under ICDS X requires that provisions, contingent liabilities and contingent assets and related income be recognised for previous years commencing on or after 1 April 2016 in accordance with this standard, after taking into account any amount recognised for the same items for previous years ending on or before 31 March 2016; the rule aims to prevent double taxation or omission of income.
Manuals Income Tax
Show AI Summary
Supremacy of tax law: reversal of an ICDS-recognised asset must follow tax deduction rules, permitting write-off as bad debt.
Reversal of an asset and related income recognised under ICDS X must conform to the Income-tax Act where conflicts arise; the Act's tax-deduction treatment applies, allowing write-off as a bad debt rather than simply reversing the original accounting recognition entry.
Manuals Income Tax
Show AI Summary
Set-off of provisions: expenditures may be set off only against the original provision, not provisions for different purposes.
Under ICDS X, expenditures must be set off only against the original provision for which they were recognised; expenditures cannot be offset against provisions recognised for a different event or purpose, as that would conceal the separate financial effects of distinct events and undermine transparent disclosure of provisions, contingent liabilities and contingent assets.
Manuals Income Tax
Show AI Summary
Employee post retirement benefit provisioning excluded from ICDS X, governed by specific statutory provisions for income computation.
Provisioning for employee post retirement benefits covered by AS 15 shall continue to be governed by specific provisions of the Act and are not dealt with by ICDS X; ICDS X does not apply to liabilities otherwise falling within AS 15.
Manuals Income Tax
Show AI Summary
Borrowing costs capitalization requires capitalizing interest for qualifying assets; inventory only when production is prolonged.
Borrowing costs directly attributable to acquisition, construction or production of tangible and intangible assets must be capitalized as part of the asset cost. Inventory borrowing costs are capitalized only when the inventory requires an extended period to become saleable. Specific borrowings for a qualifying asset require capitalization of actual borrowing costs incurred during the qualifying period. For general borrowings, a formulaic allocation apportions borrowing costs to qualifying assets based on the ratio of qualifying assets to total assets.
Manuals Income Tax
Show AI Summary
Inventory preparation processes define activities included in inventory cost when making goods fit and saleable under accounting standards.
Activities necessary to prepare inventory for its intended sale include all processes required to make inventory functional for its intended use and to render it saleable, notably quality control to verify fitness for use and primary packing where goods are normally sold in packed condition.
Manuals Income Tax
Show AI Summary
Borrowing cost capitalization must exclude portions disallowed by specific statutory provisions, only allowable amounts may be capitalised.
Borrowing costs capitalised under ICDS IX must exclude amounts disallowed by specific provisions of the Act; only the portion of borrowing cost that remains allowable under the Act may be capitalised, because specific statutory disallowances override ICDS treatment.
Manuals Income Tax
Show AI Summary
Capitalization of borrowing costs: general borrowing must be allocated to qualifying assets and capitalized on an asset-by-asset basis.
General borrowing costs computed under the ICDS-IX formula must be apportioned among qualifying assets and capitalized on an asset-by-asset basis, so that each qualifying asset's capitalized borrowing cost reflects its proportionate share of general borrowing under the standard.
Manuals Income Tax
Show AI Summary
Exchange differences excluded from borrowing costs under ICDS IX; foreign exchange effects governed by ICDS VI.
Exchange differences from foreign currency borrowings that are treated as adjustments to interest are excluded from borrowing costs under ICDS IX; the effects of changes in foreign exchange rates, including those relating to interest, are governed by ICDS VI.
Manuals Income Tax
Show AI Summary
Borrowing cost: bill discounting and similar charges treated as borrowing cost, except when not tied to borrowed funds.
The definition of borrowing cost is inclusive and generally covers bill discounting charges and similar charges as borrowing cost for income computation and disclosure; however, discounting charges that do not arise from borrowing funds are excluded from that definition.
Manuals Income Tax
Show AI Summary
Borrowing costs include interest and related charges such as commitment charges, amortised discount and finance lease charges.
Borrowing costs under ICDS IX comprise interest and other costs incurred in connection with borrowing funds, including commitment charges, amortised discount or premium, amortised ancillary costs in arranging borrowings, and finance charges for assets taken on finance lease.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Comparison of Section 104 "Unexplained asset." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

1 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 104 Unexplained asset.

Income-tax Act, 2025

At a Glance

These texts are two versions of the same provision dealing with "unexplained asset" in the context of aggregation of income: (i) Clause 104 of the Income Tax Bill, 2025 (Old Version) and (ii) Section 104 of the Income-tax Act, 2025 (enacted text). They matter because they prescribe when an asset discovered with a taxpayer may be treated as the taxpayer's income. Affected parties include taxpayers, tax authorities (Assessing Officers) and advisers in personal taxation and compliance. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: both texts appear as Clause/Section 104 under the heading "AGGREGATION OF INCOME" in the Income Tax Bill/Act, 2025. Both define circumstances under which an asset found to be owned by or belonging to an assessee, but not recorded (or where there is an excess over recorded amount), may be deemed income. Both texts provide a non-exhaustive definition of "asset" in a separate sub-paragraph, expressly including money, bullion, jewellery, virtual digital asset or other valuable article. No further definitions or explanations (for example, of "value", "found", "books of account" or "virtual digital asset") are provided in the documents themselves.

Statutory Provision Mode

Text & Scope

Both provisions operate on two factual situations: (A) an asset is found to be owned by or belonging to the assessee and is not recorded in the assessee's books of account (if any); or (B) the Assessing Officer finds that the asset's measure (either described as "amount of such asset" in the Bill or "amount expended in acquiring such asset" in the Act) exceeds the amount recorded in the books of account. If either situation exists and the assessee either (a) offers no explanation as to nature and source of acquisition, or (b) offers an explanation that is not satisfactory to the Assessing Officer, then the value (or excess amount) is to be deemed income of the tax year in which the asset is found to be owned by or belonging to the assessee. Paragraph (2) in both texts lists examples of "asset", expressly including virtual digital asset.

Interpretation

The enacted text replaces the Bill's phrase "amount of such asset" with "the amount expended in acquiring such asset." This change indicates a legislative choice to focus on acquisition expenditure rather than on some other measure of the asset's worth (for instance, current market value or book value), although the document itself does not state an explicit legislative intent or commentary explaining the reason for the change. The provision vests subjective assessment power in the Assessing Officer by referencing the Assessing Officer's satisfaction with the explanation; no objective standards or burden-allocation rules are provided in the text.

Exceptions/Provisos

Not stated in the document.

Illustrations

  • Example 1 (consistent with the text): An assessee is found to own unreported jewellery. The assessee cannot satisfactorily explain the source of acquisition; the value of that jewellery is therefore deemed the assessee's income for the tax year in which the jewellery was found.

  • Example 2 (illustrating the textual difference): Under the Bill language, if an asset's market value (amount of such asset) exceeded its recorded amount in books, the excess could be treated as income; under the Act language, the focus would be on whether the amount expended in acquiring the asset exceeds the recorded amount - for example, where acquisition expenditure (purchase price) is more than the recorded amount, that excess would be deemed income, even if current market value differs. (These are text-consistent hypotheticals; the document contains no factual cases.)

Interplay

Interaction with other statutory provisions, Rules, Notifications or Circulars: Not stated in the document. The text does not set out procedural rules (assessment procedure, burden of proof, notice requirements, appeals, or valuation methodology), nor does it cross-reference evidentiary standards or other sections addressing unexplained investments, search and seizure, or income determination.

Practical Implications

  • Compliance and risk areas: The provision creates a clear compliance risk where assets are discovered that are not reflected in a taxpayer's books. The Assessing Officer has a statutory power to deem such assets (or excess acquisition expenditure) as income if no satisfactory explanation is given. Taxpayers should be aware that the statutory reach includes virtual digital assets (VDAs), money, bullion and jewellery.
  • Record-keeping/evidence points suggested by the text: Because the outcome is triggered by lack of satisfactory explanation, maintaining contemporaneous evidence of source and acquisition (invoices, bank statements showing funds used for acquisition, contracts, receipts, gift deeds, inheritance documents, sale/purchase agreements, or corroborating third-party records) is critical. The Act's emphasis on "amount expended in acquiring" (as compared with mere "amount of such asset" in the Bill) particularly suggests retaining evidence of acquisition cost or expenditure.

Key Differences Between Bill (Old Version) and Enacted Section, and Practical Impact

  • Wording on measurement of asset: Bill-"amount of such asset"; Act-"amount expended in acquiring such asset."
    • Practical impact: The Bill language could be read to permit use of an asset's present or market value as the point of comparison with books; the Act restricts or narrows the comparison to the expenditure made to acquire the asset. This change tends to focus the assessment on actual outlay by the assessee rather than an external valuation; practically, it may limit instances where market appreciation (unrelated to acquisition cost) would be treated as unexplained income under this section. However, because the Act does not define "amount expended in acquiring" or provide valuation rules, uncertainties remain about treatment of improvements, acquisition via instalments, transfers between related parties, barter, or where acquisition cost cannot be substantiated.
  • Removal of phrase relating to "where the asset is found recorded": The Bill included the qualifier "where the asset is found recorded" in relation to the books; the Act omits this phrase and instead inserts "for any source of income" after reference to books.
    • Practical impact: The Act's phrasing arguably broadens the provision's reach by making explicit that books maintained for any source of income are relevant; the omission of "where the asset is found recorded" reduces textual ambiguity about applicability when an asset is recorded in some part of the books but not others. This may strengthen the Assessing Officer's ability to compare acquisition expenditure against books across sources.
  • Terminology and drafting clarity: The Act's revision appears to tighten the measure by referencing acquisition expenditure and by clarifying the scope of applicable books.
    • Practical impact: While the Act may be intended to bring more precision, because neither text supplies valuation mechanics or burdens (who proves what), practical disputes over valuation, timing, and satisfactory explanation are likely to arise and be resolved through assessment proceedings or appellate adjudication.

Interpretive and Procedural Gaps (as per documents)

  • The document does not state valuation methodology for "value" or "amount expended in acquiring", nor does it provide rules for assets acquired by non-monetary means (gifts, inheritance, swaps) - Not stated in the document.
  • The document does not state the burden of proof, standard for "satisfactory" explanation, or requirements for notice and hearing before deeming income - Not stated in the document.
  • The document does not state how virtual digital assets are to be valued or evidenced - Not stated in the document.

Action Points (derived from the text)

  • Taxpayers should retain documentary evidence of acquisition expenditure (invoices, payment records, bank transfers, loan documents) for any asset likely to be scrutinised, including VDAs.
  • Where an asset is recorded in books, ensure acquisition entries accurately reflect amounts expended and maintain supporting schedules linking books to physical assets.
  • Advisers should prepare documentary narratives to explain source and nature of acquisition in the event of an assessment query, and to challenge any valuation that rests on market price rather than acquisition expenditure if the Act's wording is invoked.
  • Because the Assessing Officer's satisfaction is dispositive in the provision, ensure procedural safeguards (e.g., requests for reasons, reliance on contemporaneous records) are used during assessment and appeals - procedural specifics are Not stated in the document.

Key Takeaways

  • Both texts permit deeming an unexplained asset (or excess over recorded amount) to be assessable income if no satisfactory explanation is provided.
  • The Act alters the metric from "amount of such asset" (Bill) to "amount expended in acquiring such asset", shifting focus to acquisition expenditure.
  • The Act clarifies that books maintained "for any source of income" are relevant; other drafting changes remove certain qualifiers present in the Bill.
  • Virtual digital assets are specifically within the scope of the definition of "asset" in both texts.
  • Significant interpretive and procedural details (valuation method, burden of proof, standards for "satisfactory" explanation) are not provided in the documents and will be decisive in future assessments and disputes.

Full Text:

Section 104 Unexplained asset.

Topics

Acts Income Tax