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
    competitive taxation structure for shipping companies : Clause 228(14) and (15) of the Income Tax Bi...
    Simplified and concessionary method of taxation based on the net tonnage of qualifying ships, rather...
    computation of tonnage income where ships are jointly operated or where multiple companies are invol...
    Computation of Taxable income of the shipping companies based on Tonnage: Clause 227(1)-(6) of the I...
    Comprehensive Review of the Tonnage Tax Scheme : Clause 226(7) of the Income Tax Bill, 2025 Vs. Sect...
    Presumptive Taxation for Shipping Companies : Clause 226(2)-(6) of the Income Tax Bill, 2025 and Sec...
    Examination of "Qualifying Ship" : Clause 235(i) of the Income Tax Bill, 2025 Vs. Section 115VD of t...
    Defining the Qualifying Company under India's Tonnage Tax Regime : Clause 235(h) of the Income Tax B...
    Continuity and Change in India's Tonnage Tax Regime : Clause 226(1) of the Income Tax Bill, 2025 Vs....
    Navigating Special Tax Regimes for Shipping : Clause 225 of the Income Tax Bill, 2025 Vs. Section 11...
    Interpreting Special Provisions for Shipping Companies : Clause 235 of the Income Tax Bill, 2025 Vs....
    Special Tax Regimes for Investment Funds : Clause 224 of Income Tax Bill, 2025 Vs. Section 115UB of ...
    special taxation regime for business trusts such as (REITs)/(InvITs) Clause 223 of the Income Tax Bi...
    Special Provisions Relating to Pass-Through Entities in Venture Capital Structures : Clause 222 of I...
    Enforcement and Recovery of Tax on Accreted Income : Clause 352(8) & (9) of the Income Tax Bill, 202...
    Changing Landscape of Interest on Delayed Payment of Tax on Accreted Income : Clause 352(7) of Incom...
    Reforming the Exit Tax Regime for non-profit organizations (NPOs) or charitable institutions : Claus...
    Comprehensive Review of Taxation, Reporting, and Compliance for Securitisation Trusts : Clause 221 o...
    Definitions, Scope, and Impact on the MAT/AMT Regime : Clause 206(19) of the Income Tax Bill, 2025 V...
    Reducing tax avoidance by curbing the excessive use of deductions and exemptions by corporate and se...
❯❯
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
    Allocation of shared costs and depreciation: apportionment on reasonable basis and fair proportion affects tonnage tax computations.
    Clause 228(14) requires common costs attributable to the tonnage tax business to be allocated on a reasonable basis, with taxpayers maintaining records to support apportionment. Clause 228(15) requires depreciation for assets other than qualifying ships to be apportioned on a fair proportion determined by the Assessing Officer with reference to actual use. Both provisions mirror Section 115VJ, vesting discretion in the AO and preserving the objective of preventing tax arbitrage while increasing documentation and compliance burdens.
    Act RulesBills
    Show AI Summary
    Tonnage tax regime: clarifies qualifying shipping income, market value inter company valuation, and related party anti avoidance adjustments.
    Tonnage tax applies to qualifying shipping income measured by net tonnage, defined as profits from specified core shipping activities and prescribed incidental activities; incidental income above a prescribed threshold is excluded. Inter business transfers must be computed at market value, with assessing officer power to use reasonable bases in exceptional cases. Related party arrangements producing more than ordinary profits may be adjusted to reasonable levels. The Central Government may exclude activities or set limits by notification subject to parliamentary laying. Losses in tonnage computation are ignored.
    Act RulesBills
    Show AI Summary
    Allocation of tonnage income: proportional or independent computation affects tax treatment of jointly operated qualifying ships.
    Computation of tonnage income for jointly operated qualifying ships follows a two-step approach: where participating companies' shares are definite and ascertainable, income is allocated proportionately to each company; where shares are not definite and ascertainable, tonnage income for each operator is computed as if it were the sole operator. The rule aligns taxation with economic interest, creates documentary and compliance incentives, functions as an anti-avoidance measure, and may interact with cross-border tax rules, requiring clearer guidance on "definite and ascertainable" shares and documentation standards.
    Act RulesBills
    Show AI Summary
    Tonnage tax regime: ships' taxable income computed by daily tonnage rates and aggregation, excluding deductions.
    Clause 227(1)-(6) prescribes a ship wise tonnage tax: each qualifying ship's tonnage income equals its daily tonnage income multiplied by qualifying days, with daily rates set by a four tier slab linked to certified net tonnage. Tonnage includes certified physical tonnage and prescribed deemed tonnage for slot and sharing arrangements, rounded to the nearest hundred tons. A non obstante clause bars any deductions or set offs, making the computed tonnage income the exclusive tax base under the Part.
    Act RulesBills
    Show AI Summary
    Tonnage tax scheme: deemed tonnage income treated as business profits, excluding actual shipping income under eligibility conditions.
    Clause 226(7) mandates that tonnage income be computed under a separate formulaic provision and be deemed to be the profits chargeable under business income, while expressly excluding the actual "relevant shipping income" from tax once the tonnage computation applies; these effects are conditional on compliance with the Part's eligibility, option, separation, and record keeping requirements.
    Act RulesBills
    Show AI Summary
    Tonnage tax scheme: elective presumptive taxation for shipping income, requiring separate accounting and exclusive computation under qualifying criteria.
    The tonnage tax scheme is an elective presumptive regime requiring eligible companies operating qualifying ships to compute profits from that business exclusively under the tonnage basis; the tonnage tax business is treated as a separate business with independent computation and accounting, and companies not opting or ineligible must compute shipping profits under the normal provisions of the Act.
    Act RulesBills
    Show AI Summary
    Qualifying ship definition governs tonnage tax eligibility by tying registration, certification, and operational use to tax benefit access.
    The definition of qualifying ship in Clause 235(i) requires three operative conditions for tonnage tax eligibility: a minimum net tonnage, registration under the relevant shipping statute or an authorised foreign licence, and a valid certificate evidencing net tonnage. It lists explicit exclusions-vessels providing services normally provided on land, fishing vessels, factory ships, pleasure crafts, harbour and river ferries, offshore installations-and disqualifies vessels used for fishing beyond a specified threshold in a tax year, anchoring eligibility in maritime regulatory certification and operational use.
    Act RulesBills
    Show AI Summary
    Place of effective management central to qualifying company status, restricting tonnage tax benefits to genuinely India-managed shipping firms.
    The qualifying company for the tonnage tax regime must satisfy four cumulative conditions: be an Indian company; have its place of effective management in India-defined to include decisions made by executives as well as the board; own at least one qualifying ship; and have its main object as operating ships. Clause 235(h) consolidates these criteria within a broader definitional framework and references updated maritime legislation to clarify eligibility and reduce interpretive disputes.
    Act RulesBills
    Show AI Summary
    Tonnage tax eligibility defined by operation status: owners and charterers qualify, long term bareboat lessors excluded.
    Clause 226(1) treats a company as operating a ship or inland vessel if it owns or charters a vessel, including partial charters such as slot, space, or joint charters, and excludes companies that have chartered out vessels on bareboat charter or bareboat charter cum demise terms for periods exceeding three years, thereby distinguishing operational risk bearing operators from passive, long term financiers for purposes of the tonnage tax scheme.
    Act RulesBills
    Show AI Summary
    Tonnage tax regime: option to compute shipping income on a tonnage basis with deeming treatment as business profits.
    Clause 225 creates a self-contained tonnage tax regime for companies operating qualifying ships, allowing an option to compute income under its Part with a deeming provision treating that income as profits and gains of business; key operational questions concern the definition of qualifying ships, the option's exercise and lock-in mechanics, and interaction with loss set-off, allowances, and other tax measures.
    Act RulesBills
    Show AI Summary
    Tonnage tax definitions: expanded, self-contained eligibility rules broaden coverage and tighten residency and exclusion tests.
    Clause 235 consolidates and expands tonnage tax definitions by explicitly including inland vessels, embedding a detailed qualifying company test requiring Indian residency, ownership of qualifying ships, principal shipping business, and a specified place of effective management; it also defines qualifying ship with tonnage, registration/licensing and certification requirements and enumerated exclusions to prevent abuse.
    Act RulesBills
    Show AI Summary
    Pass-through taxation preserves investor-level tax treatment of investment fund income while ring-fencing fund-level losses.
    Clause 224 restates a pass-through regime: income from investments in a regulated fund is taxed in the hands of unit holders as if held directly, while business income remains taxable at the fund level. Business losses are ring fenced at the fund; other losses pass through subject to holding period conditions and transitional attribution of legacy losses to unit holders. Income retained by the fund is deemed credited to unit holders at year end and prescribed statements must be furnished to unit holders and tax authorities to secure transparency and enforcement.
    Act RulesBills
    Show AI Summary
    Pass-through taxation for business trusts preserves income character and shifts tax consequences to unit holders with reporting duties.
    The clause establishes a statutory pass-through mechanism under which income distributed by business trusts is deemed to retain its original character and proportion in the hands of unit holders, while subjecting the trust's total income to tax at the maximum marginal rate subject to specified withholding provisions; it also deems certain scheduled categories of distributed income taxable on distribution, carves out specified statutory exceptions, and imposes prescribed reporting obligations on payers to unit holders and tax authorities.
    Act RulesBills
    Show AI Summary
    Pass-through taxation of venture capital income taxes investors as if invested directly, with reporting and deemed-credit safeguards.
    Pass-through taxation requires that income arising to investors from venture capital companies or funds be taxed in the investor's hands as if invested directly, with the fund and payer furnishing prescribed statements to investors and tax authorities; undistributed income is deemed credited to investors at year-end in proportion to entitlement, while income already included on an accrual basis is not taxed again on actual payment; specified investment funds are excluded and key terms are defined in the schedule.
    Act RulesBills
    Show AI Summary
    Tax on accreted income: transferees and officers may be deemed assessees in default, with liability limited to asset value.
    Clause 352(8) deems the specified person (NPO) and its principal officer or trustee to be assessee in default for unpaid tax on accreted income and applies all recovery provisions of the Act; it also deems a transferee of assets in specified dissolution cases to be an assessee in default in respect of such tax. Clause 352(9) limits the transferee's liability to the extent the asset received is capable of meeting the liability, ensuring proportionality in recovery.
    Act RulesBills
    Show AI Summary
    Accreted income interest compels prompt tax payment and creates joint personal liability for trustees and principal officers.
    Clause 352(7) imposes simple interest for delayed payment of tax on accreted income, with joint and several liability on the specified person and the principal officer or trustee; interest is computed monthly (any part-month treated as a full month) using an explicit formula, and liable persons are deemed assessee in default to enable statutory recovery mechanisms.
    Act RulesBills
    Show AI Summary
    Exit tax on accreted income expands triggers and fixes final levy after prescribed valuation and procedural safeguards.
    A tax on accreted income charges NPOs additional income tax at the maximum marginal rate when specified events occur; accreted income equals aggregate fair market value of assets less total liabilities on a specified date, computed under prescribed valuation methods, with exclusions as prescribed. The Assessing Officer must afford a hearing before ordering tax, the bill sets a detailed table of triggering events and payment timelines, and the tax payment is final with no further credit or deduction allowed.
    Act RulesBills
    Show AI Summary
    Pass-through taxation for securitisation trust income preserves investor-level taxation while mandating reporting and deemed-accrual rules.
    Clause 221 establishes a pass-through taxation regime for income from securitisation trusts, preserving the character and proportion of underlying income in the hands of investors, deeming unpaid accruals as credited on the last day of the tax year to prevent deferral, requiring prescribed statements to investors and tax authorities, and preventing double taxation by excluding income already taxed on accrual from subsequent inclusion on actual payment.
    Act RulesBills
    Show AI Summary
    Minimum alternate tax definitions shape MAT/AMT computation and Ind AS transition treatment, narrowing tax arbitrage opportunities.
    Clause 206(19) supplies granular definitions aligning MAT/AMT computation with Ind AS convergence, insolvency law and cross statutory terms. Key terms include adjudicating authority (IBC), convergence date, transition amount with specified exclusions, net worth, company classifications, securities, tribunal, unit (IFSC) and year of convergence. These definitions phase in Ind AS transition impacts, harmonize tax and insolvency treatment, clarify eligibility for concessional AMT rates, and reduce tax arbitrage and interpretive disputes compared with the narrower definitions in Section 115JF.
    Act RulesBills
    Show AI Summary
    Minimum alternate tax exclusions: narrow MAT/AMT to specified taxpayers including life insurers, alternative regime opters, presumptive and small taxpayers.
    Clause 206(18) narrows MAT/AMT applicability by exempting companies with life insurance income, taxpayers who opt for specified alternative tax regimes, persons taxed under special or presumptive computation sections, specified funds identified in the Schedule, and non corporate persons whose adjusted total income falls below the statutory threshold; the exclusions reflect sectoral accounting differences, aim to promote concessional regimes and financial competitiveness, and reduce compliance burdens while requiring clear definitions and anti abuse safeguards.

    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