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
    Case Laws Income Tax
    Judicial Scrutiny of Residential Status and Jurisdictional Shift in Income Tax Cases
    Case Laws Income Tax
    Scrutinizing the Genuineness of Gifts in Income Tax Law: Taxability of Gift u/s 68
    Case Laws Income Tax
    Interpreting TDS Liability u/s 194-I against Lease Payments: A Legal Analysis of Security Deposit vs...
    Case Laws Income Tax
    Evaluating Jurisdictional Validity in Taxation: The Significance of Draft Assessment Orders under Se...
    Case Laws Income Tax
    Breaking Down the Supreme Court's Decision on Double Taxation Avoidance Agreements
    Case Laws Income Tax
    Balancing Sovereignty and Law: India's Treaty-Making Powers and Domestic Enforcement
    Case Laws Income Tax
    Navigating DTAAs: A Comparative Analysis of India, Netherlands, France, and Switzerland
    Case Laws Income Tax
    The OECD Membership Puzzle: Interpreting 'Is' in Double Taxation Agreements
    Case Laws Income Tax
    The Dual Life of Treaties: Understanding Their Enforcement in Indian Law
    Case Laws Income Tax
    Assessment Proceedings and Validity of Section 143(2) Notices: Jurisdictional Clarity and Monetary L...
    Case Laws Income Tax
    Unexplained Cash Deposits and Section 115BBE: Applicability of Higher Rate of Tax
    Case Laws Income Tax
    Section 127 of the Income Tax Act: A Case Study on Jurisdictional Transfer
    Case Laws Income Tax
    Interpreting Sections 22, 23, and 24: Taxation of Notional Rental Income from House Property and Vac...
    Case Laws Income Tax
    Section 153A and Income Tax Assessments Post Search and Seizure Operations: Exploring the Role of In...
    Case Laws Income Tax
    Analysis of Judicial Approach in Tax Evasion through Accommodation Entries: A Case Study
    Case Laws Income Tax
    The Taxation of Cooperative Societies: A Legal Analysis of Deduction Eligibility U/s 80P
    Case Laws Income Tax
    Analyzing Section 43B's Application in Service Tax Liabilities: A Legal Perspective.
    Case Laws Income Tax
    Assessing the Enforceability of Section 148 Notices Post-Assessee's Demise: Legal Heirs and Income T...
    Case Laws Income Tax
    Analyzing the Threshold for Criminal Prosecution in Cases of Non-Compliance with Income Tax Laws
    Case Laws Income Tax
    Timeliness and Validity of Charitable Trust Registrations under Section 80G: A Legal Examination
❮
❯
❯❯
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
Case Laws Income Tax
Show AI Summary
Residential status determination can shift tax assessment jurisdiction when overseas activities do not qualify as employment.
The Tribunal examined whether the appellant's overseas activities constituted employment for residential-status purposes, applying ejusdem generis and noscitur a sociis to conclude they did not. Consequently, the officer of international taxation's assumption of jurisdiction based on non resident status was improper once residential status was contested; the file should have been transferred to the territorially competent assessing officer or an authorised officer. An assessment conducted without such lawful jurisdiction was characterised as legally defective and without effect.
Case Laws Income Tax
Show AI Summary
Genuineness of gifts requires proof of donor identity and capacity, otherwise taxability follows under assessment rules.
The High Court examined taxation of receipts treated as gifts, stressing that the assessee must prove the genuineness of gifts by establishing donor identity and the donors' capacity and creditworthiness; acceptance by lower authorities does not relieve the recipient of the burden of proof, and inadequate documentary corroboration justifies reassessment where donations are doubtful.
Case Laws Income Tax
Show AI Summary
Advance rent characterization alters TDS obligations under Section 194-I, requiring payers to deduct tax at source.
Payments labelled as a security deposit that are contractually reduced and adjusted against periodic rent payments are treated as advance rent rather than refundable security, and thus constitute rent for TDS purposes, obliging the payer to deduct tax at source under the statutory withholding framework.
Case Laws Income Tax
Show AI Summary
Draft assessment procedure required under law: omission invalidates assessment proceedings and denies assessee DRP objection rights.
Section 144C mandates a non-obstante, mandatory draft assessment procedure for eligible assessees, requiring issuance of a draft order, opportunity to file objections, and consideration by a three-member Dispute Resolution Panel. A foreign entity qualifying as an eligible assessee must be afforded this process; failure to issue the draft order is a substantive lapse that deprives the assessee of the DRP forum and engenders jurisdictional infirmity in any consequent final assessment, demand, or penalty. Revisionary powers do not obviate the Section 144C mandate.
Case Laws Income Tax
Show AI Summary
DTAA incorporation: notification requirement under domestic law limits automatic treaty application across countries and clarifies temporal scope.
The decision holds that a DTAA requires a mandatory notification under Section 90(1) to be effective domestically, that provisions in a DTAA with one country do not automatically extend to other bilateral agreements without explicit amendment, and that the present-tense term "is" fixes the temporal application of treaty benefits to the date of treaty entry with India.
Case Laws Income Tax
Show AI Summary
Most favoured nation clause interpretation guides treaty effect, subject to domestic notification requirements for implementation.
The Most Favoured Nation (MFN) clause in tax treaties must be interpreted under Article 31 VCLT principles as reflecting customary international law, with subsequent agreements and state practice serving as authentic means of interpretation. Domestic implementation procedures materially affect treaty operation: comparative practices of other states cannot substitute for India's requirement of formal domestic steps, including issuance of a notification after a treaty trigger event, to assimilate treaty amendments into national law.
Case Laws Income Tax
Show AI Summary
Treaty implementation procedures determine when DTAA modifications bind taxpayers, requiring domestic notification for enforceability.
In India, DTAA modifications take effect only upon formal domestic notification, preventing automatic retroactive application of third country treaty changes and reflecting a dualist approach requiring assimilation of treaty amendments into domestic law before they bind taxpayers; by contrast, the Netherlands, France, and Switzerland rely on differing domestic mechanisms-executive decrees, parliamentary ratification, or referenda and implementing orders-that may permit retroactive application and integrate treaties into domestic enforceable law.
Case Laws Income Tax
Show AI Summary
Interpretation of "is" in tax treaties determines when OECD membership triggers treaty benefits under domestic implementation rules.
Interpretation of the term "is" in DTAAs is context-dependent: although generally present in signification, its temporal application must be determined from the treaty text and purpose. Applied to OECD membership, the operative moment for eligibility to treaty benefits depends on when the DTAA relationship produces the relevant legal consequence, and this assessment must be reconciled with the domestic requirement for legislative action or notification for treaty enforceability.
Case Laws Income Tax
Show AI Summary
Treaty Enforcement: legislative enactment required for treaties to create domestic rights; executive negotiation alone is insufficient.
Treaties do not function as self-executing domestic law; the Union may negotiate and ratify international agreements but legislative enactment is required to create or alter domestic rights and obligations. Under the dualist approach, executive negotiation and foreign measures cannot substitute for domestic incorporation; implementing statutes and notification mechanisms are necessary for tax treaties to be recognized and applied by revenue authorities. Courts may consult treaty texts to resolve ambiguities in domestic implementing laws but cannot themselves import treaty provisions into domestic law absent parliamentary enactment.
Case Laws Income Tax
Show AI Summary
Jurisdictional validity of Section 143(2) notices: invalid issuance by wrong officer vitiates ensuing scrutiny proceedings.
The tribunal found that a statutory scrutiny notice issued by an officer without jurisdiction at the time of issuance was defective, and that subsequent action by another assessing officer did not cure the initial defect; jurisdictional allocation must follow administrative monetary thresholds for metropolitan corporate returns, and failure to issue a valid notice at initiation vitiates scrutiny proceedings.
Case Laws Income Tax
Show AI Summary
Unexplained cash deposits: prospective application of higher tax rate under Section 115BBE clarified for post-amendment assessments.
The assessing process treated certain cash receipts as unexplained under Section 69A read with the higher-rate taxation provision, but acceptance of an opening cash balance and maintenance of a cash book reduced the addition; contemporaneous records are decisive. The amendment imposing a special flat tax rate on unexplained income applies prospectively and does not operate retrospectively, so its applicability depends on the assessment year.
Case Laws Income Tax
Show AI Summary
Jurisdictional transfer under Section 127 can reassign assessments within the same city without prior hearing, as an administrative measure.
Jurisdictional transfer under Section 127 empowers senior tax officials to reassign cases for administrative convenience, generally requiring reasons and an opportunity to be heard; however, transfers within the same city do not require prior hearing. The tribunal found a valid transfer order centralising the matter within the same city, held the absence of prior hearing immaterial under the intra-city exception, and concluded the administrative transfer did not prejudice the assessee or invalidate the assessment.
Case Laws Income Tax
Show AI Summary
Notional rental income: ownership can trigger annual value assessment with standard deduction; vacancy allowance restricted when not let.
Ownership alone can give rise to taxable annual value by way of notional rental income, with annual value for unlet properties determined by reference to expected rent and, where applicable, by a proportionate measure of property cost. From that annual value the statutory 30% standard deduction and interest on borrowed capital are deductible. Vacancy allowance is not treated as available where properties remain unlet for the entire year, and balance-sheet disclosure of property ownership can support assessment.
Case Laws Income Tax
Show AI Summary
Incriminating material discovered during search permits reassessment under Section 153A, validating additional income adjustments by tax authorities.
The Tribunal applied the principle that discovery of previously undisclosed documents during a search can constitute incriminating material, thereby activating Section 153A jurisdiction to reassess income for multiple prior years. It found an undisclosed balance sheet showing ownership of properties as incriminating, and addressed related challenges - estimation of house property income, jurisdictional objections, notice deficiencies, interest levies, and natural justice claims - against the backdrop of valid reassessment under the search-linked provision.
Case Laws Income Tax
Show AI Summary
Genuineness of transactions: accommodation entries and circumstantial evidence can defeat claimed tax exemptions without commercial substance.
Denial of exemption under Section 10(38) is justified where claims rest on paper companies and accommodation entry providers; synchronized trading, SEBI identified price rigging, and weak connection between claimants and transactions diminish the probative value of demat statements and share certificates. The legal focus is on the onus of proof, application of the preponderance of probabilities and circumstantial inferences, requiring the assessee to establish commercial substance for unsecured loans and claimed trades rather than rely solely on documentation.
Case Laws Income Tax
Show AI Summary
Deduction under Section 80P for cooperative societies hinges on mutuality and classification as cooperative banks.
Deduction eligibility under Section 80P depends on the principle of mutuality and on whether receipts involve entities that qualify as banking companies; interest income meeting mutuality criteria may be deductible for cooperative societies, whereas interest arising from dealings with entities classifiable as banks should be treated as income from other sources. The tribunal required verification of claims and reclassification of such interest where applicable.
Case Laws Income Tax
Show AI Summary
Section 43B payment rule prevents deduction for unpaid service tax, altering taxable income and accounting timing.
Section 43B's payment-based rule makes deductions allowable only on actual payment; applied to service tax, unpaid service tax not remitted before the return filing due date is disallowable and may be treated as part of assessee's income, despite not being charged to profit and loss. Under mercantile accounting service tax received must be included in turnover, and legislative changes to payment schedules affect compliance timing; precedents reinforce that non-payment precludes deduction under the non-absentee payment requirement of Section 43B.
Case Laws Income Tax
Show AI Summary
Validity of reassessment notices to deceased assessees hinges on proper service to legal heirs, else jurisdiction is lacking.
The core legal rule is that reassessment notices must be served on a living person or the legal heir; issuance to a deceased individual vitiates jurisdiction. Service on the correct person is a condition precedent to reassessment, and legal heirs have no statutory duty to inform authorities of death. Legal representative liability arises only where proceedings began during the assessee's lifetime and may be continued against successors. Courts may restrain actions taken without jurisdiction while statutory remedies remain available.
Case Laws Income Tax
Show AI Summary
Failure to file tax returns within the prescribed time can sustain criminal prosecution despite later accepted belated returns.
The dispute focuses on prosecution under Section 276CC for failure to file returns within the prescribed time, where acceptance of a belated return and dismissal of penalty proceedings do not necessarily negate the presumption of mens rea; the accused bears the burden to rebut intentional concealment, and evidential material from searches indicating undisclosed transactions can sustain criminal proceedings.
Case Laws Income Tax
Show AI Summary
Timeliness of Section 80G applications: application treated as timely and statutory reconsideration directed under purposive interpretation.
Timeliness of registration under Section 80G was examined with focus on statutory deadlines, the effect of provisional approval under Section 80G(5), and amendments impacting trusts that commenced activities before formal registration; interpretation emphasised purposive and harmonious construction, legislative intent, natural justice in notice and hearing, and directed reconsideration of eligibility with opportunity to submit documents.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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

Acts Income Tax