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
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
    Assessing Officer's Duty to Notify Losses : Clause 291 of the Income Tax Bill, 2025 Vs. Section 157 ...
    Statutory mechanism for the modification and revision of demand notices : Clause 290 of Income Tax B...
    Examination of Notice of Demand Provisions in Indian Tax Statutes : Clause 289 of the Income Tax Bil...
    Procedural Amendments and Rectification under Indian Income Tax Law : Clause 288 of Income Tax Bill,...
    Procedural Safeguards and Rectification under Indian Tax Law : Clause 287 of the Income Tax Bill, 20...
    Reforming Assessment Timelines of assessment, reassessment, and recomputation of income : Clause 286...
    procedural aspects of assessment, reassessment, and recomputation where income has allegedly escaped...
    From Faceless Assessment to Executive Schemes : Clause 532 of the Income Tax Bill, 2025 Vs. Section ...
    Authority and Accountability in Reopening Assessments : Clause 284 of the Income Tax Bill, 2025 Vs. ...
    Expanding the Framework for Assessment in Consequence of Appellate Orders : Clause 283 of the Income...
    The Changing Landscape of Reassessment Notices in Indian Tax Law : Clause 282 of Income Tax Bill, 20...
    The New Framework for Reassessment Notices, Balancing Revenue Powers and Taxpayer Rights : Clause 28...
    Modernizing the Reassessment Notice Regime in Indian Income Tax Law : Clause 280 of the Income Tax B...
    Procedural and Substantive Shifts in Income Escaping Assessment : Clause 279 of Income Tax Bill, 202...
    Timing of Income Recognition of Compensation and Incentives : Clause 278 of Income Tax Bill, 2025 Vs...
    Valuation of Inventory and Securities under Indian Tax Law : Clause 277 of the Income Tax Bill, 2025...
    Legal Framework and Practical Impact of Method of Accounting under Indian Income Tax : Clause 276 of...
    Comparative Legal Analysis of the DRP Mechanism : Clause 275 of the Income Tax Bill, 2025 Vs. Sectio...
    Procedures and Legal Safeguards of "impermissible avoidance arrangements" (IAAs) : Clause 274 of the...
    Future of Faceless Assessment :Clause 273 of the Income Tax Bill, 2025 Vs. Section 144B of the Incom...
❯❯
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
    Intimation of loss: AO must issue written notification to enable carry forward and set-off of assessed losses.
    Clause 291 requires the Assessing Officer to notify the assessee by written order of the amount of loss computed for specified loss heads where a loss is established during assessment and is eligible for carry forward and set-off under the Bill; the written notification is the formal basis for claiming loss benefits in subsequent years, while the clause omits an express timeline, remedies for non-notification, and explicit treatment of appeal or rectification.
    Act RulesBills
    Show AI Summary
    Modification of tax demand notices: AO must revise demands to reflect insolvency orders and subsequent appellate modifications.
    Clause 290 requires the Assessing Officer to serve a modified demand notice treated as a demand under the restructured Act where an earlier demand is reduced by an order under the Insolvency and Bankruptcy Code, covering tax, interest, penalty, fine or any other sum, and mandates further revision if the insolvency order is altered on appeal.
    Act RulesBills
    Show AI Summary
    Notice of demand: modernised formal notice and deferment for start up share compensation, aligning tax timing with liquidity events.
    Notice of demand is the statutory precondition for recovery: Clause 289(1) mandates issuance in a prescribed form for any payable sum following an order; Clause 289(2) deems certain system-generated intimations equivalent to notices to streamline automated recovery; Clause 289(3) defers tax on specified securities or sweat equity for eligible start-up employees until defined liquidity or employment-trigger events, thereby aligning tax payment timing with cash realization.
    Act RulesBills
    Show AI Summary
    Rectification of assessments: new provision expands AO authority to amend orders for subsequent events and compliance.
    Clause 288 consolidates and prescribes time-bound powers for Assessing Officers to amend assessment orders when subsequent judicial, administrative or factual events render original assessments incorrect, covering partner/AOP adjustments, recomputation for carry-forward losses, capital gains recharacterisation, foreign tax credit, TDS credit timing, transfer pricing amendments and related categories, with generally four-year limitation periods and an emphasis on digital procedural integration.
    Act RulesBills
    Show AI Summary
    Rectification of mistakes apparent from the record: updated authority scope, procedural safeguards, and prescribed timelines ensure corrective relief.
    Clause 287 empowers income-tax authorities to rectify mistakes apparent from the record by amending orders and specified intimations, subject to the exclusion of matters already considered in appeal or revision. Rectification may be initiated suo motu or on application, but any amendment increasing liability requires prior notice and a reasonable opportunity to be heard and must be made by written order. Reductions of liability trigger refund obligations, increases trigger prescribed demand notices, and the power is constrained by a prescribed limitation period and a statutory timeline for disposal of applications.
    Act RulesBills
    Show AI Summary
    Time limits for tax assessments clarified: tabular framework sets fixed periods, exclusions and minimum residual time for authorities.
    Reform replaces narrative limitation provisions with a tabular, scenario-based regime specifying trigger dates and fixed completion periods-generally one year for routine assessments and reassessments-with special shorter windows for modifications. The draft adds a twelve-month extension for transfer pricing references, an exhaustive list of periods to be excluded from limitation computations (stays, reopenings, treaty exchanges, GAAR references, valuation reports, advance rulings, search handovers, etc.), and safeguards ensuring minimum residual time for authorities, end-of-month extensions, and abatement/revival protections to preserve procedural continuity.
    Act RulesBills
    Show AI Summary
    Tax rate parity: reassessment must use original-year rates, allowing dropping of proceedings if no extra liability.
    Clause 285 requires tax in assessments, reassessments or recomputations for escaped income to be charged at the rates that would have applied had the income been originally assessed; allows the Assessing Officer to drop reassessment proceedings if the assessee demonstrates that inclusion of the alleged escaped income would not increase tax liability and that the original assessment was not impugned under specified appellate or revision provisions; and bars the assessee from reopening matters concluded by certain specified orders once a claim to drop proceedings is made.
    Act RulesBills
    Show AI Summary
    Executive power to frame tax administration schemes may reshape processes while raising delegation and legal certainty concerns.
    Clause 532 empowers the Central Government to notify schemes for any purpose under the Act to eliminate taxpayer-authority interface and optimize resources; it authorises modification or suspension of statutory provisions by notification to implement schemes, permits amendment of existing schemes for transitional continuity, and requires notifications be laid before Parliament, thereby enabling broad administrative reconfiguration through subordinate legislation while raising delegation, transparency, and legal certainty concerns.
    Act RulesBills
    Show AI Summary
    Sanction authority centralization for reopening assessments shifts approval to Additional/Joint Commissioners, reducing prior higher level oversight.
    Clause 284 appoints Additional Commissioners, Additional Directors, Joint Commissioners, or Joint Directors as the sole authorities to grant sanction for notices under sections 280 and 281, replacing the earlier tiered sanction regime. It removes temporal thresholds and higher level approvals formerly applied to older or complex cases, centralizes decision making, omits explanatory and delegation provisions present in the prior framework, and may therefore streamline administration while raising concerns about reduced oversight, interpretive ambiguity, and possible increased litigation.
    Act RulesBills
    Show AI Summary
    Giving effect to appellate findings: reassessment notices may issue despite limitation, subject to safeguards preventing reopening time barred years.
    Clause 283 (Income Tax Bill, 2025) and Section 150 (Income tax Act, 1961) permit issuance of assessment, reassessment or recomputation notices to give effect to a finding or direction in appellate, revisional or judicial orders, explicitly including tribunals and Approving Panel directions in the 2025 Bill. Both provisions preserve a limitation safeguard: notices cannot be issued if, when the original order (or reference to the Approving Panel) was made, the relevant year's assessment was already time barred. Notices must show a direct nexus to the operative finding or direction and remain subject to procedural requirements.
    Act RulesBills
    Show AI Summary
    Limitation periods for reassessment notices extended and a minimum cooling-off period introduced, retaining high-value reopening threshold.
    Clause 282 restructures limitation periods for notices under sections 280 and 281 by extending both standard and extended windows for reopening, retaining a high-value threshold that requires the Assessing Officer to possess books, documents or other evidence of substantial escapement, and by introducing a mandatory minimum cooling-off period before any notice may be issued; it does not explicitly replicate earlier exclusions for time spent in show-cause proceedings, court stays, or special provisions for foreign assets, creating potential interpretive gaps.
    Act RulesBills
    Show AI Summary
    Pre-notice hearing requirement: show cause with disclosed information, supervisory approval required before reassessment notices.
    Clause 281 requires that where the AO has information suggesting income has escaped assessment, the AO must serve a show cause notice accompanied by that information, allow the assessee to reply within the period specified, and, after considering the record and any reply, obtain prior approval of the specified authority before passing an order on whether to issue a notice under section 280. The clause omits explicit timelines, does not define the specified authority within the clause, and provides broader exceptions to the pre-notice requirement.
    Act RulesBills
    Show AI Summary
    Reassessment notice reform: information-driven reopening with prescribed timelines and mandatory higher-level approval to ensure procedural safeguards.
    Clause 280 requires the AO to issue a notice with a copy of the relevant order before reassessment, sets a maximum three-month period to furnish a prescribed, verified return, treats timely returns as equivalent to original returns while disallowing that status for belated filings, mandates that issuance be predicated on "information" suggesting escapement, and requires prior approval of a specified authority where information derives from centralized schemes, Approving Panel directions, or judicial/quasi-judicial orders.
    Act RulesBills
    Show AI Summary
    Reassessment powers expand to permit assessment of escaped income and collateral issues even where certain procedural steps were missed.
    Clause 279 empowers the Assessing Officer to assess or reassess income and recompute losses, depreciation and other allowances where income escaping assessment is identified, substitutes "tax year" for "assessment year," and, while making AO's powers subject to sections 280-286, permits assessment of other issues that emerge during proceedings even if specified procedural sections were not complied with, thereby prioritising substantive tax determination over technical procedural infirmities.
    Act RulesBills
    Show AI Summary
    Timing of income recognition: interest on compensation taxed on receipt; escalation claims taxed on reasonable certainty of realisation.
    Clause 278 deems interest on compensation or enhanced compensation taxable in the tax year of actual receipt, treats escalation claims and export incentives as income when reasonable certainty of realisation is achieved, and taxes specified incomes under section 2(49)(w) on receipt if not earlier charged, thereby aligning taxability with receipt or demonstrable certainty and aiming to prevent timing gaps while leaving factual application issues like allocation and evidentiary standards to further guidance.
    Act RulesBills
    Show AI Summary
    Inventory valuation rules require ICDS aligned costing, inclusion of statutory levies, and category wise securities valuation for tax computation.
    Inventory and securities for tax purposes must be valued in accordance with ICDS: inventory at the lower of actual cost or net realisable value, purchases, sales and inventory adjusted to include any tax, duty, cess or fee actually paid or incurred to bring goods or services to present location and condition; illiquid or unquoted securities at actual cost and regularly quoted securities at the lower of cost or NRV, with securities compared category wise and special treatment for scheduled banks and public financial institutions subject to prudential guidelines.
    Act RulesBills
    Show AI Summary
    Method of accounting: mandatory consistency and binding tax standards lead to AO power to assess by best judgment.
    Clause 276 permits either the cash or mercantile system for computing income provided the system is regularly followed, authorises the Central Government to notify binding Income Computation and Disclosure Standards for classes of assessees or income, and empowers the Assessing Officer to disregard accounts and make a best judgment assessment where accounts are incorrect or incomplete, the accounting method is not regularly followed, or notified ICDS are not applied.
    Act RulesBills
    Show AI Summary
    Dispute Resolution Panel mechanism: statutory draft-order review with binding, reasoned directions and strict timelines for tax variations.
    Clause 275 establishes a DRP mechanism requiring the AO to forward draft assessment orders with prejudicial variations to eligible assessees; assessees have thirty days to accept or object. The DRP, a collegium of three senior officers, may issue written, reasoned directions (confirming, reducing, or enhancing variations) within nine months; such directions are binding on the AO. The clause updates cross-references, vests rule-making power in the Board, and excludes specified proceedings and persons, while omitting an explicit statutory scheme for faceless DRP proceedings.
    Act RulesBills
    Show AI Summary
    Impermissible avoidance arrangements: GAAR procedure mandates reference, Approving Panel review, and binding directions with safeguards.
    Clause 274 creates a multi-stage GAAR procedure: the Assessing Officer may refer suspected impermissible avoidance arrangements to the Principal Commissioner/Commissioner, who must notify the assessee and allow objections; absent or unsatisfactory responses permit directions or escalation to an independent Approving Panel. The Approving Panel, composed of a High Court judge, a senior revenue officer, and an academic, may summon evidence, hold hearings, and issue binding directions within set timelines; such directions are final under the Act, subject only to constitutional judicial review.
    Act RulesBills
    Show AI Summary
    Faceless assessment set as statutory default under proposed bill, expanding electronic non-contact tax assessments and procedural framework.
    Clause 273 makes faceless assessment the statutory default for specified assessments, empowers the Board to define applicability, establishes a National Faceless Assessment Centre with Assessment, Verification, Technical and Review Units, assigns distinct functions to each unit to minimize discretion, mandates electronic communications via the NFAC, and contemplates transfers to the jurisdictional officer where faceless procedure is unsuitable, with procedural details to be prescribed by the Board.

    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