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
    Seeking grant of Bail - wrongful availment of Input Tax Credit and fake invoices.
    Case LawsCorporate Laws
    Oppression and Mismanagement under the Companies Act, 2013.
    Case LawsMoney Laundering
    Money Laundering - proceeds of crime - scheduled offence - alleged money scam - twin conditions of g...
    Case LawsCorporate Laws
    Small Industries Development Bank of India versus M/s. Sibco Investment Pvt. Ltd- Legal Position of ...
    Case LawsCorporate Laws
    Seeking appointment of Arbitrator so as to to constitute an Arbitral Tribunal to adjudicate upon the...
    Case LawsCustoms
    Understanding "seizure" with respect to jurisdiction under the Customs Act, 1962.
    Case LawsIndian Laws
    A study of the compounding of offences under section 147 of the Negotiable Instruments Act, 1881 at ...
    Case LawsCustoms
    Understanding the reasoning of classification under tariff item "8483" and tariff item "8708" of the...
    Case LawsService Tax
    Foreclosure of the right to reply to a notice by the Noticee is a violation of principles of natural...
    Case LawsCorporate Laws
    A Study of the terms "Oppression and mismanagement" under the Companies Act, 1956 and 2013.
    Case LawsCorporate Laws
    An examination of the terms of "Oppression and Mismanagement" under the Companies Act, 1956 and 2013...
    Case LawsIndian Laws
    Dishonor of Cheques- A study of the interrelation between the provisions of Code of Criminal Procedu...
    Case LawsIndian Laws
    Dishonor of Cheques- A study of the interrelation between the provisions of Code of Criminal Procedu...
    Case LawsIndian Laws
    Sole Proprietorship whether it falls under international commercial arbitration.
    Case LawsCustoms
    Issuance of summons directly to the Managing Director of the company without calling for or summonin...
    Case LawsIndian Laws
    Cognisable and non bailable offence or not - An insight into the understanding of section 63 of the ...
    Case LawsIndian Laws
    Writ jurisdiction with respect to order of National Consumer Disputes Redressal Commission.
    Case LawsIncome Tax
    Strictures against the Income Tax Office - abuse of authority by the revenue officers, ignoring the...
    Law of Limitation - Insolvency Proceedings
    Ocean Freight-A Brief study of Recent Supreme Court Judgement dismissing petition of Union of India ...
❯❯
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
    Case LawsGST
    Show AI Summary
    Wrongful availment of Input Tax Credit: bail denied due to gravity of economic offence and nascent investigation.
    Allegations assert coordinated issuance of fake invoices among about 56 firms to wrongfully claim Input Tax Credit, allegedly evading taxes amounting to Rs. 5.65 crore. Considering the scale, conspiratorial nature, and nascent stage of investigation, and recognising economic offences as particularly serious for public finances, the court refused bail to the applicant Saurabh Srivastava and dismissed the bail application.
    Case LawsCorporate Laws
    Show AI Summary
    Oppression and mismanagement: protection of initial shareholding and valuation to enable fair exit for aggrieved shareholder.
    The petition alleged majority conduct that altered the petitioner's intended equity stake and diverted company funds, constituting unfair treatment of a minority shareholder. The tribunal preserved the petitioner's original shareholding at incorporation and directed a share valuation to enable a fair exit, with the company bearing the valuation fee and interim protection against further alteration of shareholding.
    Case LawsMoney Laundering
    Show AI Summary
    Bail presumption in money laundering cases requires reasonable grounds to believe accused is not guilty before release.
    Money laundering bail applications balance the presumption that bail is the rule against offence gravity and statutory constraints. Courts consider nature and seriousness, evidence quality, accused's circumstances, risk of non appearance and witness tampering, and public interest. The twin condition requires prosecutorial opposition and that, if opposed, there be reasonable grounds to believe the accused is not guilty and will not reoffend; investigative stage, missing materials and absconding principal suspects materially affect this assessment.
    Case LawsCorporate Laws
    Show AI Summary
    Regulatory authority of RBI: directions in public interest can bar civil claims and restrain NBFC asset transfers.
    RBI directions in public interest can prohibit an NBFC's asset alienation and bind civil claims even if the enabling provision is not cited; failure to challenge such directions constitutes waiver/acquiescence, preventing civil relief that conflicts with the direction. Constructive res judicata bars subsequent suits where the cause of action accrued earlier and was not raised, and winding-up petition commencement creates a suspect period during which transfers may be impeached as potentially fraudulent.
    Case LawsCorporate Laws
    Show AI Summary
    Arbitration appointment governs share-conversion dispute, shaping insolvency jurisdiction and conversion mechanics in related contracts.
    Disputes over the conversion formula for optionally convertible redeemable preference shares following a qualified initial public offering were submitted to arbitration under agreements designating Mumbai and a three-arbitrator tribunal with a Chairperson. Parties disputed entitlement percentages and refund implications; compliance with SEBI Regulations required conversion prior to the QIPO. A related claim that unpaid redemption sums triggered corporate insolvency proceedings was assessed, and the factual record did not establish a contractual default sufficient to invoke the insolvency resolution process. Multiple arbitration agreements between the same parties permit separately constituted proceedings for international and domestic arbitration while retaining the same tribunal members.
    Case LawsCustoms
    Show AI Summary
    Jurisdiction in customs seizure: police interceptions outside customs station amount to town seizure and invalidate statutory seizure.
    Jurisdiction under the Customs Act depends on action by competent customs officers at the designated customs station; interceptions and initial custody by police constitute a town seizure, failing the statutory prerequisites for a valid customs seizure. The revenue bears the onus to prove goods are smuggled and that territorial and procedural jurisdictional requirements were satisfied before a seizure can be validly treated as a customs action.
    Case LawsIndian Laws
    Show AI Summary
    Compounding of negotiable instrument offences permits settlement and release when parties compensate and consent at appellate stages.
    Compounding under Section 147 of the Negotiable Instruments Act may be invoked at trial, appeal or revision where parties settle by payment and consent; courts treat the dishonour under Section 138 as a civil wrong with criminal penalties and may allow compounding, direct deposit of amounts and release from imprisonment to give effect to the compensatory mechanism.
    Case LawsCustoms
    Show AI Summary
    Classification of gear components as machinery parts under tariff 8483 rather than as motor vehicle parts, based on nature and function.
    Dispute on whether imported gear reduction blanks and related transmission components should be classified under tariff item 8483 as machinery parts or under tariff item 8708 as motor vehicle parts; prior rulings and interpretation of chapter notes direct classification to 8483 where the components are standalone gear or transmission parts rather than integral vehicle assemblies.
    Case LawsService Tax
    Show AI Summary
    Right to be heard: foreclosure of the right to reply violates natural justice, requiring fresh adjudication with hearing.
    Foreclosure of the noticee's opportunity to respond to a notice breaches the right to be heard and principles of natural justice. Where the adjudicating authority has foreclosed the reply, the matter should be returned to the original authority for fresh adjudication after the noticee is given opportunity to reply and to present factual and legal submissions, and after the authority issues notice of intent and completes adjudication with procedural fairness.
    Case LawsCorporate Laws
    Show AI Summary
    Duomatic principle upheld: unanimous member acquiescence prevents oppression or mismanagement findings in family company governance dispute.
    The Duomatic Principle was applied to validate informal corporate acts where members gave unanimous or tacit assent: a director's withdrawal of resignation, the appointment of a managing director, and share transfers were held bona fide and not fraudulent. The appellant's prior knowledge and acquiescence estopped subsequent challenges, and she lacked locus to sue on behalf of trusts. Fraud remains an exception to Duomatic application; absent fraud and public prejudice, the facts did not constitute oppression or mismanagement.
    Case LawsCorporate Laws
    Show AI Summary
    Duomatic principle: unanimous member assent can validate informal corporate acts and bar oppression claims without fraud.
    The Duomatic Principle validates informal corporate acts effected with unanimous or tacit member assent, permitting departure from strict statutory formalities where transactions are bona fide and free from fraud. Prior knowledge, acquiescence and estoppel by a complainant can negate claims of oppression or mismanagement arising from appointments, withdrawal of resignations, share transmissions, and conduct of meetings, preserving corporate finality and internal decision-making.
    Case LawsIndian Laws
    Show AI Summary
    Dishonor of cheques enforcement: special courts, pre-summons mediation and a summons portal to reduce case pendency.
    Dishonor of cheques under the Negotiable Instruments Act is being approached through pre-summons mediation, a National Portal for summons, and establishment of special courts in high-caseload districts; proposals include using retired judicial officers and court staff, with coordination among the Union, High Courts and State Governments to reduce pendency in proceedings arising from cheque dishonour.
    Case LawsIndian Laws
    Show AI Summary
    Dishonor of cheques procedure: streamline service of summons and preserve magistrate discretion on trial conversion.
    Dishonour of cheques proceedings require prompt service of summons and retention of summary-trial procedures; reforms include shortening dishonour-slip practices, mandatory contact disclosure, creating a nodal agency for electronic service and issuing unique dishonour identifiers. Magistrates must record reasons when converting summary trials into summons trials; summary-trial procedure applies as far as may be. Inquiry mechanisms under the Code permit affidavits and document examination to test sufficiency of grounds. High Courts should direct that service in one complaint arising from the same transaction be treated as deemed service for related complaints and encourage use of inherent powers and mediation to reduce pendency.
    Case LawsIndian Laws
    Show AI Summary
    International commercial arbitration: sole proprietorships qualify when a party has a foreign nexus, triggering arbitration rules.
    A sole proprietorship is equated with its proprietor and, when a party has a foreign nexus-foreign national status, habitual residence abroad, foreign incorporation, or foreign government involvement-the dispute qualifies as international commercial arbitration, even if that party operates through a local office; statutory procedures govern appointment of arbitrators and extraordinary discretionary relief cannot bypass those appointment mechanisms.
    Case LawsCustoms
    Show AI Summary
    Summons issuance to company management must target authorised representatives, not routinely the managing director absent necessity.
    Issuance of summons under section 108 should ordinarily be made to a Board authorised company representative; summonses to top management, including the managing director, are to be used sparingly only where representatives are non cooperative or there is demonstrable necessity. Administrative Circular guidance requires this sequence and places responsibility on departmental officers, including Collectors, to enforce these procedural limits.
    Case LawsIndian Laws
    Show AI Summary
    Cognisable offence status: Copyright infringement is cognisable and non-bailable, allowing criminal proceedings to continue.
    The legal classification of copyright infringement offences depends on the imprisonment bracket in the Code's schedule: offences meeting the statutory threshold qualify as cognisable, while lesser-punishment offences are non-cognisable. Applied to the relevant copyright provisions, the correct legal consequence is to treat the infringing conduct as a cognisable and non-bailable offence, allowing FIR registration and investigation to proceed under the Code's procedures.
    Case LawsIndian Laws
    Show AI Summary
    Writ jurisdiction protects rights against arbitrary administrative action, permitting High Court supervisory challenges to commission orders.
    Writ jurisdiction under Articles 32 and 226 allows enforcement of fundamental rights via writs such as Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition, particularly where no statutory appeal exists; challenges to National Consumer Disputes Redressal Commission orders may be pursued before the High Court under its supervisory jurisdiction, with any interim relief subject to the rigours and constitutional limits of Article 227.
    Case LawsIncome Tax
    Show AI Summary
    Abuse of revenue authority: improper recoveries and refund adjustments contrary to statutory stay and intimation safeguards.
    The note addresses revenue practice of effectuating recoveries and adjusting taxpayer refunds without complying with statutory safeguards, characterising such conduct as an abuse of authority and a breach of constitutional taxation limits under Article 265. It emphasises that filing an appeal precludes an assessee from being treated as an 'assessee in default' for recovery purposes under the statutory stay framework, and that automatic adjustment of refunds against demands without prior intimation and opportunity of hearing conflicts with the statutory process for refund adjustment and recovery.
    Case LawsIBC
    Show AI Summary
    Suspension of limitation: moratorium under the insolvency code halts limitation, prioritising resolution before limitation resumes post-resolution.
    Section 60(6) of the Insolvency and Bankruptcy Code suspends the running of limitation for as long as a company is under the moratorium imposed by Section 14, and this suspension should be read in harmony with the Resolution Professional's duty under Section 25(2)(b). Insolvency shifts control from the company's management to the Resolution Professional and the Committee of Creditors, who focus on resolution rather than litigation, and limitation resumes when the company emerges from insolvency.
    Case LawsGST
    Show AI Summary
    Reverse charge on ocean freight invalidated as conflicting with composite supply and double taxation principles.
    Notifications 08/2017 and 10/2017 that impose tax on ocean freight in CIF contracts by treating the importer as the recipient under a Reverse Charge Mechanism were challenged as ultra vires, producing double taxation because freight is included in customs value, lacking territorial nexus, and mischaracterising the exporter/importer relationship; the Supreme Court refused to treat GST Council recommendations as binding and held that separate taxation of the freight service contravenes the statutory composite supply framework.

    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 110 "Carry forward and set off of loss from house property." 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 110 Carry forward and set off of loss from house property.

      Income-tax Act, 2025

      At a Glance

      Clause 110 of the Income Tax Bill, 2025 - (Old Version) provides for the carry forward and set off of unabsorbed loss from house property. It confines set-off of carried losses to future income from house property and limits carry forward to eight subsequent tax years. It affects taxpayers with losses under the head "Income from house property" and the income-tax administration; effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 110 is in the Income Tax Bill, 2025 (Old Version) under the heading "SET OFF, OR CARRY FORWARD AND SET OFF OF LOSSES." The clause addresses the treatment of losses arising under the head "Income from house property." The clause contains three subsections. Subsection (1) mandates carry forward of the unabsorbed loss and restricts set-off to income from house property in subsequent years. Subsection (2) prescribes the temporal limit for carry forward ("not being more than eight tax years immediately succeeding the tax year in which such loss was first computed"). Subsection (3) defines "unabsorbed loss from house property" as the loss computed under that head which has not been, or is not wholly, set off against income from any other head u/s 107 for that tax year. Context: Not stated in the document beyond the clause text. Coverage: losses under "Income from house property" only.

      Statutory Provision Mode

      Text & Scope

      The clause applies where a loss is computed under the specific head "Income from house property" for a tax year but is not wholly set off against income under other heads in that year. Such unabsorbed loss shall be carried forward to the subsequent tax year and may be set off only against income from house property computed for that subsequent tax year. This process may be continued ("and so on") subject to the overall temporal limit. The carry-forward is restricted to a maximum of eight tax years immediately succeeding the tax year in which the loss was first computed. The clause also supplies a definition: "unabsorbed loss from house property" means the loss under that head which has not been, or is not wholly, set off against income from any other head u/s 107 for the said tax year.

      Interpretation

      The textual intent is to limit cross-head utilization of house property losses and to preserve them for future house property income. The restriction "set off only against income from house property" indicates a legislative policy that losses originating in the house property head are to be ring-fenced to similar income streams, preventing their absorption against other types of income in subsequent years. The "and so on" phrase signals iterative carry forward until the loss is fully absorbed or the eight-year ceiling is reached. The definition in subsection (3) signals that the clause applies only where the loss remains, in whole or in part, after application of set-off rules u/s 107 for that tax year.

      Exceptions/Provisos

      Not stated in the document: any specific provisos, exceptions, or special cases (for example, treatment on transfer of property, amalgamation, or conversion of business) are not included in the clause text provided. No proviso concerning modification, waiver, or alternative treatment is present.

      Illustrations

      • Example 1: Tax year T1 - loss from house property = Rs X; set off against other heads u/s 107 = Rs Y; residual unabsorbed loss = Rs (X-Y). In tax year T2, the unabsorbed loss Rs (X-Y) may be set off only against house property income for T2. (All numeric specifics Not stated in the document.)

      • Example 2: If after set-off in year T2 some residual loss remains, it may be carried forward to T3 and set off only against house property income in T3, continuing up to eight succeeding tax years from T1.

      Interplay

      The clause explicitly references section 107 for the definition of "unabsorbed loss from house property" - suggesting interplay with the provisions governing intra-year set-off of losses. No other Rules, Notifications, or Circulars are mentioned in the clause. Any interpretive interaction with other sections of the income tax statute (beyond section 107) is Not stated in the document.

      Differences between Section 110 of the Income-tax Act, 2025 and Clause 110 of the Income Tax Bill, 2025 - (Old Version)

      • Structural wording and terminology: The Act's Section 110 (Document 1) uses the phrasing "Where for any tax year, loss computed under the head 'Income from house property' cannot be wholly set off against the income under any other head as per section 109," and specifies carry forward and iterative set-off mechanics in two subsections (1)(a) and (1)(b). The Bill's Clause 110 (Document 2) refers to "The unabsorbed loss from house property for any tax year" and defines "unabsorbed loss from house property" in subsection (3).
      • Definition provision: Clause 110 (Bill) expressly defines "unabsorbed loss from house property" in subsection (3). Section 110 (Act) does not include an explicit definition clause for that term in the provided text.
      • Reference to set-off against other heads: The Act's text explicitly references section 109 for the prior set-off rule ("as per section 109"). The Bill's clause refers to set-off u/s 107 in its definition of "unabsorbed loss" (subsection (3)). Thus each version cross-references a different section number in the provided texts.
      • Division of carry-forward operation: The Act separates the carry-forward rule and the mechanics into (1)(a) (set off only against income from house property) and (1)(b) (if not wholly set off carry forward further). The Bill states the rule in one sentence and uses "and so on" to indicate repetition; it is simpler and the iterative mechanism is not broken into discrete clauses.
      • Temporal phrasing for time-limit: Both texts limit carry forward to eight tax years immediately succeeding the tax year in which the loss was first computed. The Act states "No loss shall be carried forward under this section for more than eight tax years immediately succeeding the tax year for which the loss was first computed." The Bill states, "not being more than eight tax years immediately succeeding the tax year in which such loss was first computed." Substantively the time-limit appears identical.

      Practical impact of each difference

      • Presence of explicit definition in the Bill: Clause 110's explicit definition of "unabsorbed loss from house property" clarifies the reference point for what may be carried forward and avoids interpretive ambiguity about whether partial set-off against other heads at the same year affects carry forward. The Act's omission of an explicit definition in the provided text may require reliance on other sections or ordinary meaning to determine the same concept, potentially creating minor drafting uncertainty.
      • Different cross-references (section 109 vs section 107): The Act's reference to section 109 and the Bill's reference to section 107 (in the definition) may reflect renumbering or a substantive difference in the set-off scheme elsewhere in the code. Practically, if the referenced section differs in content, taxpayers and departments must consult the correct cross-referenced provision to determine prior set-off rules; mismatches could cause compliance errors until clarified.
      • Drafting clarity and enforcement: The Act's division into (a) and (b) more explicitly mandates that carry-forward losses are only to be set off against house property income and that any remainder must be carried forward, reducing interpretive questions. The Bill's compact wording accomplishes the same effect but with less granular punctuation; in practice both convey the same operational outcome but the Act's structure may be marginally clearer for compliance and adjudication.
      • No substantive change to the eight-year limit: Both texts impose the same eight-year ceiling; therefore, no practical change arises on the temporal limit for carry forward.

      Practical Implications

      • Compliance and risk areas: Taxpayers must track the computation year of house property losses and the portion that remains unabsorbed after application of section 107 in that year, since only the unabsorbed portion qualifies for carry forward. Misapplication of set-off against non-house-property income in subsequent years would be contrary to the explicit limitation and could attract reassessment risk. Record-keeping to evidence prior-year set-off u/s 107 is essential.
      • Record-keeping/evidence points: Maintain clear records of yearwise computation of house property loss, particulars of set-off applied u/s 107 in the year of computation, and yearwise set-off against house property income in subsequent years showing progressive absorption. Documentation demonstrating the origin year of the loss will be necessary to enforce the eight-year limit and to support position in assessments or appeals.

      Key Takeaways

      • Clause 110 confines carry-forwarded house property losses to set-off only against future house property income.
      • Carry forward is permitted for up to eight tax years immediately succeeding the year of computation.
      • The clause defines "unabsorbed loss from house property" by cross-reference to set-off u/s 107 for the year of computation.
      • No exceptions, provisos, or interactions with other statutory mechanisms (beyond section 107) are specified in the clause.
      • Taxpayers must carefully document the computation and set-off chronology to comply and to preserve the ability to claim carry forward within the eight-year window.

      Full Text:

      Section 110 Carry forward and set off of loss from house property.

      Topics

      ActsIncome Tax