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
    Role of the Transfer Pricing Officer in Ensuring Arm’s Length Compliance : Clause 166 of the Incom...
    Reframing Arm's Length Pricing in India's Evolving Transfer Pricing Regime : Clause 165 of the Incom...
    Meaning of Specified Domestic Transactions under Clause 164 of Income Tax Bill, 2025 Vs. Section 92B...
    Meaning of International Transaction : Clause 163 of the Income Tax Bill, 2025 Vs. Section 92B of th...
    Case LawsIncome Tax
    Remuneration and interest received by an individual partner from a partnership firm can be subjected...
    Meaning of Associates Enterprise under Clause 162 of the Income Tax Bill, 2025 Vs. Section 92A of th...
    Computation of income arising from international transactions and specified domestic transactions : ...
    Future of Unilateral Agreement relief in India : Clause 160 of the Income Tax Bill, 2025 Vs. Section...
    Streamlining Double Taxation Relief and International Tax Agreements : Clause 159 of Income Tax Bill...
    Comprehensive Reform in International Taxation and Treaty Implementation : Clause 159 of Income Tax ...
    Addressing Cross-Border Taxation of Foreign Retirement Benefits : Clause 158 of Income Tax Bill, 202...
    Continuity and Reform in Tax Relief for Irregular Income : Clause 157 of the Income Tax Bill, 2025 V...
    Constitutional Limits on GST: Principle of mutuality insulates transactions between clubs/associatio...
    Relief to resident individual taxpayers with lower and middle incomes by reducing their effective ta...
    The Structure and Implications of Income Tax Rebates : Clause 155 of the Income Tax Bill, 2025 Vs. S...
    Analyzing the Tax Treatment of Collective Entities under Clause 310 of Income Tax Bill, 2025 Vs. Sec...
    Tax Deductions for Persons with Disabilities : Clause 154 of the Income Tax Bill, 2025 vs. Section 8...
    Statutory deduction for interest income derived from deposits : Clause 153 of the Income Tax Bill, 2...
    Patent Royalty Deduction Scheme to Boost Innovation and R&D in India : Clause 152 of the Income Tax ...
    Incentivize and support authors by providing a tax deduction on royalty and copyright income : Claus...
❯❯
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
    Arm's length pricing: multi year ALP option expands certainty and permits roll forward of transfer pricing determinations.
    Clause 166 authorises the Assessing Officer to refer international and specified domestic related party transactions to a Transfer Pricing Officer for determination of the arm's length price, subject to prior approval; mandates notice, hearing, prescribed transfer pricing methods, and communication of the TPO order to AO and assessee; empowers the TPO to examine unreported transactions and to validate a taxpayer's option to apply a determined ALP to similar subsequent years, with rectification powers and corresponding AO amendment obligations, and permits issuance of Board guidelines to implement the multi year regime.
    Act RulesBills
    Show AI Summary
    Arm's length price determination: new clause refines methods and AO powers, emphasizing documentation and prescribed procedures.
    Determination of Arm's Length Price requires selecting the most appropriate method from prescribed alternatives based on the transaction's nature, associated enterprise class, and functional analysis; where a single comparable price is found it is the arm's length price subject to a prescribed tolerance, while multiple prices must be reconciled in a prescribed manner. The tax authority may determine ALP during assessment if methods were not followed or documentation is inadequate, but must issue a show cause notice before adjustment; adjustments permit recomputation of total income and restrict deductions on enhanced income, with safeguards to prevent double adjustment.
    Act RulesBills
    Show AI Summary
    Specified domestic transaction: extending transfer pricing to high-value related-party domestic dealings, subject to arm's length compliance.
    Clause 164 defines specified domestic transaction by enumerating categories of non-international related-party dealings brought under transfer pricing when aggregate annual value exceeds a high-value threshold, includes a residual prescription power to notify additional transactions, and requires contemporaneous documentation and benchmarking to ensure compliance with the arm's length principle.
    Act RulesBills
    Show AI Summary
    International transaction scope expanded broadens transfer pricing coverage to intangibles and indirect dealings, including restructuring and financing arrangements.
    Clause 163 defines international transaction expansively to include tangible and intangible property (expressly including transfer), capital financing, services, business restructuring, cost sharing and any transaction affecting profits, income, losses or assets; it reproduces an illustrative list of intangibles and contains a deeming rule treating dealings with third parties as international transactions where terms are determined with or pursuant to an associated enterprise, thereby widening transfer pricing coverage and anti avoidance reach.
    Case LawsIncome Tax
    Show AI Summary
    Presumptive taxation: partner remuneration and interest cannot be treated as individual business turnover for presumptive tax purposes.
    Section 44AD applies only where the assessee carries on an eligible business and has actual turnover or gross receipts attributable to that assessee. Remuneration and interest paid by a partnership firm to a partner arise from the firm's accounts and partnership agreement; although Section 28(v) taxes such receipts in the hands of the partner, that deeming does not convert them into the partner's turnover or gross receipts for Section 44AD. Section 40(b) governs firm deductibility but does not create an independent business activity in the partner; hence such receipts cannot be subjected to Section 44AD presumptive taxation.
    Act RulesBills
    Show AI Summary
    Associated enterprise definition expands transfer pricing scope to include specified domestic transactions and indirect control.
    Clause 162 defines associated enterprise through a general limb covering direct or indirect participation in management, control or capital and a list of deeming provisions-equity thresholds, significant loans and guarantees, board control, dependence on intangibles, supply and sales dependence, and familial/HUF control-while expressly extending the concept to specified domestic transactions and retaining prescribed catch-all and subjective influence tests that may require further guidance.
    Act RulesBills
    Show AI Summary
    Arm's length price requirement drives transfer pricing adjustments to prevent profit shifting and protect the tax base.
    Clause 161 mandates computation of income and the allowance of expenses or interest for international and specified domestic transactions among associated enterprises with reference to the arm's length price, requires arm's length allocation for shared costs or services, and prohibits transfer pricing adjustments that would reduce taxable income or increase losses, thereby strengthening scrutiny of intra group cost allocations and deductions to prevent profit shifting.
    Act RulesBills
    Show AI Summary
    Unilateral double taxation relief limits credit to the lower of domestic or foreign tax rates and requires proof of foreign tax payment.
    Clause 160 provides unilateral relief for Indian residents and non-resident partners taxed on foreign income where no DTAA exists, limited to the lower of the Indian tax rate or the foreign tax rate, requires proof of foreign tax payment, and defines key terms to include excess profits or business profits taxes; it modernizes terminology and omits a prior country-specific carve-out, while raising evidentiary and computational ambiguities.
    Act RulesBills
    Show AI Summary
    Double taxation relief framework modernised: new clause clarifies treaty adoption, anti abuse safeguards, and documentation requirements.
    Clause 159 empowers the Central Government to enter into and adopt agreements with foreign countries and notified specified territories, and permits specified domestic associations to enter into sectoral agreements subject to governmental adoption and notification. Agreements may provide relief from double taxation, avoidance of double taxation constrained by anti abuse safeguards, exchange of information to prevent evasion, and mutual assistance in tax recovery. The Act's provisions apply to the extent more beneficial to the taxpayer, but anti abuse measures in Chapter XI apply notwithstanding such benefit. Non residents must furnish a certificate of residence and prescribed documentation to claim treaty relief.
    Act RulesBills
    Show AI Summary
    Treaty interpretation and anti-abuse primacy clarified: government may adopt association agreements while preserving treaty benefit limits.
    Clause 159 authorises the Central Government to enter into agreements with foreign countries or notified territories and to adopt agreements between notified specified associations for double taxation relief, exchange of information, and mutual assistance in recovery. Taxpayers may claim the more beneficial of domestic law or a notified agreement, subject to documentary requirements for non-residents and the primacy of chapter-level anti-abuse provisions. A four-tier interpretive hierarchy for treaty terms is provided, with retrospective effect from the agreement's commencement.
    Act RulesBills
    Show AI Summary
    Relief from taxation on foreign retirement accounts aligns Indian tax timing with foreign withdrawal taxation to prevent double taxation.
    Clause 158 aligns Indian taxation of income from foreign retirement accounts with the foreign tax event by restricting relief to specified accounts in notified countries opened while the taxpayer was non resident, and by delegating timing and procedural details to rules to prevent double taxation, address timing mismatches, and guard against abuse.
    Act RulesBills
    Show AI Summary
    Relief for irregular salary receipts: claim based allocation to prior years with computation and procedures delegated to rules.
    Clause 157 provides relief where lump sum receipts (arrear or advance salary, salary for over twelve months, profits in lieu of salary, and arrears of family pension) cause an assessment at a higher rate. Relief is claim based on application to the Assessing Officer and requires allocation of amounts to earlier years; the Assessing Officer grants relief as prescribed in rules. An anti abuse exclusion denies relief where a deduction for the same amount has already been claimed, and computation, procedural steps and particulars (e.g., Form 10E practice) are to be specified by rules.
    Case LawsGST
    Show AI Summary
    Mutuality doctrine shields club-member transactions from GST; statutory deeming fiction held unconstitutional, retrospective levy invalid.
    The Kerala High Court held that the doctrine of mutuality insulates transactions between an association and its members from GST because the concepts of "supply" and "service" require distinct persons; statutory deeming provisions treating associations and members as separate persons are ultra vires Article 246A and related constitutional provisions, and retrospective application of those amendments is invalid as unfair and contrary to the rule of law.
    Act RulesBills
    Show AI Summary
    Rebate for resident individuals: expanded two-tier relief and tapered withdrawal to avoid abrupt tax cliffs.
    Clause 156 creates a two-tier rebate: a general rebate for resident individuals below a base threshold and an enhanced rebate for taxpayers opting into the new tax regime with a higher threshold and larger maximum rebate. The enhanced rebate includes a tapering mechanism for incomes above its threshold and an express cap preventing the rebate from exceeding actual tax liability, with computation rules tied to the new-regime tax rates.
    Act RulesBills
    Show AI Summary
    Rebate allowance framework modernisation - rebates applied after tax computation and capped to prevent negative tax liability.
    Allowance of rebates is enabled by Clause 155, which permits rebates to be deducted from income-tax computed on total income after tax computation and before other chapter deductions, and caps aggregate rebates so they cannot exceed the tax computed prior to rebates; the substantive conditions and limits are delegated to Section 156.
    Act RulesBills
    Show AI Summary
    Taxation of member's share: entity-level tax exempts members, unless the entity is untaxed or taxed below top rate.
    Clause 310 establishes that a member's share of income from an AOP/BOI is exempt from tax in the member's hands when the association/body is taxed on that income; if the AOP/BOI is not chargeable to tax the member's share is taxed in the member's hands; and if the AOP/BOI is taxed at the maximum marginal rate the member's share is excluded from his total income, otherwise the member's share is included in his total income.
    Act RulesBills
    Show AI Summary
    Deduction for disability: standardized tax relief retained with mandatory medical certification and prescribed certificate submission.
    Clause 154 allows resident individuals certified by a medical authority as persons with disability or severe disability to claim a fixed deduction, contingent on furnishing the prescribed certificate with the return and on certificate validity and reassessment rules; definitions are cross referenced to a Bill provision for consistency.
    Act RulesBills
    Show AI Summary
    Deduction for interest on deposits expanded to include senior citizens and time deposits, consolidating small-saver relief.
    Clause 153 provides a statutory deduction for interest on deposits to individuals, senior citizens, and HUFs, specifying eligible institutions (banks, cooperative banking societies, and post offices), preserving denial of deductions for interest held by or on behalf of firms, AOPs, or BOIs, and defining time deposits. It consolidates prior disparate provisions by including senior citizens within the same clause with expanded coverage for time deposits, while maintaining the existing deduction treatment for non senior individuals and HUFs.
    Act RulesBills
    Show AI Summary
    Patent royalty deduction for resident inventors: capped, certified relief tied to repatriated foreign receipts and compulsory licence limits.
    Clause 152 provides a statutory deduction for resident individual patentees in respect of royalty from patents registered on or after 1 April 2003, subject to a statutory annual ceiling and procedural certification. Deductions in compulsory licence cases are limited to Controller determined royalty; foreign-sourced receipts qualify only to the extent repatriated in convertible foreign exchange within the prescribed period and supported by prescribed certification. Definitions exclude capital gains and sales proceeds from the scope of "royalty," and certification by prescribed authorities is required with the return.
    Act RulesBills
    Show AI Summary
    Deduction for authors' royalty income limited by a fixed cap and repatriation plus certification requirements.
    Clause 151 grants a deduction to resident individual authors for professional income from copyright assignment or royalties for literary, artistic, or scientific books (excluding textbooks), subject to a fixed monetary cap and a royalty to sales limit for non lump sum receipts. Foreign income qualifies only if repatriated in convertible exchange within a prescribed period and accompanied by prescribed certification, and claimants must submit payer verified certificates with returns; double deduction for the same income is expressly prohibited.

    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 113 "Set off and carry forward of losses computed in respect of speculation" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      2 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 113 Set off and carry forward of losses computed in respect of speculation business.

      Income-tax Act, 2025

      At a Glance

      Clause 113 (Old Version) of the Income Tax Bill, 2025 sets out the rules for set-off and carry-forward of losses arising from speculation business. It matters because it prescribes the restriction that such losses are to be absorbed only against profits from speculation business and provides a four-year carry-forward limit, affecting taxpayers engaged in speculative trading (including certain companies trading in shares). Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 113 of the Income Tax Bill, 2025 (Old Version). The provision addresses the treatment of "speculation business" losses for set-off and carry-forward purposes. Definitions and explanatory notes within the text: sub-section (5)(a) contains a deeming provision for companies engaged in purchase and sale of shares of other companies; sub-section (5)(b) defines "unabsorbed speculation business loss."

      Coverage: applies to losses computed in respect of a speculation business carried on by the assessee during a tax year and to companies captured by the deeming provision, subject to carve-outs in sub-section (6).

      Statutory Provision Mode

      Text & Scope

      The clause comprises six sub-sections. Key elements are:

      • Sub-sec (1): Any loss computed from a speculation business carried on by the assessee during any tax year shall be set off only against profits and gains, if any, of another speculation business for that tax year.
      • Sub-sec (2): The "unabsorbed speculation business loss" for any tax year shall be carried forward to the subsequent year and set off only against profits/gains of speculation business in that subsequent year, and iteratively thereafter.
      • Sub-sec (3): Carry-forward is limited to four tax years immediately succeeding the year in which the loss was first computed.
      • Sub-sec (4): The unabsorbed speculation loss shall be allowed to be set off before set-off of any carried forward allowance u/s 33(11) or 45(7).
      • Sub-sec (5)(a): A company whose business partly consists of purchase and sale of shares of other companies shall be deemed to carry on speculation business to that extent; sub-sec (5)(b) defines "unabsorbed speculation business loss."
      • Sub-sec (6): Carve-outs: the deeming in (5)(a) does not apply if the company's gross total income mainly consists of income under "Income from house property", "Capital gains", or "Income from other sources", or if its principal business is trading in shares, banking, or granting loans/advances.

      Interpretation

      The clause expresses a clear legislative intent to ring-fence speculation business losses: they are to be absorbed only against similar profits and are not available for general set-off against other heads of income. The temporal limitation of four years indicates a policy choice to provide limited relief while preventing indefinite carry-forward of speculative losses. The explicit priority rule in sub-sec (4) manifests an interpretive principle that unabsorbed speculation losses should be exhausted before other carried-forward allowances related to speculation business.

      Exceptions/Provisos

      Carve-outs are confined to the deeming provision in sub-sec (5)(a). Where a company's gross total income mainly arises from specified heads, or where its principal business is trading in shares/banking/loans and advances, the deeming to speculation business does not apply. No other exceptions or provisos are stated in the document.

      Illustrations

      • Example 1: A sole proprietor undertakes intraday trading deemed speculation business and incurs a loss of Rs. 10 lakh in Year 1. That loss can be set off only against profits from speculation business in Year 1; any unabsorbed portion is carried forward up to four subsequent years to be set off only against speculation profits. (Numbers and factual posture consistent with clause language.)
      • Example 2: A company A whose primary business is manufacturing but that also buys and sells shares of other companies incurs a speculation loss to the extent of its share trading activity. That loss is an "unabsorbed speculation business loss" and is set off/carried forward per the clause unless the carve-outs in (6) apply. (Specific quantum and sequence follow the clause.)

      Interplay

      The clause expressly interacts with sections 33(11) and 45(7) by prioritising set-off of unabsorbed speculation business loss ahead of carried-forward allowances under those sections. No other statutory rules, notifications, or circulars are mentioned in the text. Any further statutory interplay is Not stated in the document.

      Differences Between the Two Provisions and Practical Impact

      • Terminology: The Act (Section 113) uses the phrase "loss, computed in respect of a speculation business" while the Bill (Clause 113, Old Version) consistently uses "unabsorbed speculation business loss" and defines that term in sub-section (5)(b).
        • Practical impact: The Bill's express definition clarifies the concept of unabsorbed loss for drafting and interpretation; the Act version omits that explicit definition, which may lead to reliance on ordinary meaning or other provisions for interpretive clarity.
      • Sequence and phrasing of carry-forward rule: The Act sets out (1) set-off only against other speculation business profits; (2) carry-forward where loss cannot be wholly set off, with iterative application; (3) four-year limitation. The Bill states these same rules but frames sub-section (2) as carrying forward "unabsorbed speculation business loss" to the subsequent year and repeating.
        • Practical impact: Substantive carry-forward and limitation periods appear the same; the Bill's language is marginally more explicit in naming the unabsorbed loss as the subject of carry-forward, aiding clarity for compliance and assessment.
      • Priority vis-`a-vis other carried forward allowances: The Act (sub-sec (4)) states "effect shall first be given to the provision of this section" where any allowance u/s 33(11) or s.45(7) related to speculation business is to be carried forward. The Bill (sub-sec (4)) states the unabsorbed speculation business loss "shall first be allowed to be set off before allowing set off of any carried forward allowance u/s 33(11) or 45(7)."
        • Practical impact: The Bill more clearly prescribes the order of set-off-explicitly prioritising speculation loss over carried-forward allowances-reducing interpretive dispute about sequencing; the Act's phrasing is similar but less prescriptive in form.
      • Definition deeming companies to carry on speculation business: Both texts have sub-section (5)(a) deeming a company that purchases and sells shares of other companies to be carrying on speculation business to that extent. The Bill places this within a broader sub-section (5) that also contains the definition of "unabsorbed speculation business loss" in (5)(b); the Act has (5) as the deeming clause only.
        • Practical impact: The Bill consolidates definitional material under one sub-section, improving textual structure and user comprehension.
      • Non-application exceptions: Both texts contain identical carve-outs in sub-sec (6) exempting the deeming rule for companies whose gross total income consists mainly of certain heads or whose principal business is trading in shares/banking/loaning.
        • Practical impact: No substantive change here.
      • Stylistic and drafting differences: The Bill uses the phrase "during any tax year" and "for the said tax year" in sub-sec (1), and more repetitive phrasing in sub-sec (2). The Act is more succinct.
        • Practical impact: Drafting style changes in the Bill provide marginally more explicit temporal markers and an express definitional provision, aiding textual clarity but not altering substantive effect.

      Practical Implications

      • Compliance and risk areas: Taxpayers engaged in trading activities must identify whether their activities constitute "speculation business" and compute losses accordingly, because such losses have restricted set-off availability and a limited carry-forward window. Misclassification may lead to disallowance of broader set-off claims. The Bill's express definition of "unabsorbed speculation business loss" reduces interpretive risk when determining carry-forward subjects.
      • Record-keeping/evidence points: Taxpayers should maintain contemporaneous records segregating speculative trading profits/losses from other business incomes, and documents supporting the nature and extent of share trading where companies have mixed businesses, so as to establish the extent to which the deeming clause applies or does not apply under the carve-outs in sub-sec (6). The clause itself does not prescribe forms or specific documentary thresholds. (Procedures/forms: Not stated in the document.)

      Key Takeaways

      • The Bill ring-fences speculation business losses: set-off permitted only against speculation business profits.
      • Unabsorbed speculation business losses can be carried forward for up to four subsequent tax years only.
      • Unabsorbed speculation losses must be set off before carried-forward allowances u/s 33(11) or s.45(7).
      • Companies that purchase and sell shares of other companies are deemed to carry on speculation business to that extent, subject to carve-outs.
      • Carve-outs exclude the deeming rule where gross total income mainly consists of certain heads or where the company's principal business is share trading, banking, or lending.
      • The Bill's drafting provides greater definitional clarity (term "unabsorbed speculation business loss") and sequencing language than the Act version, improving interpretive certainty without altering substantive effect materially.

      Full Text:

      Section 113 Set off and carry forward of losses computed in respect of speculation business.

      Topics

      ActsIncome Tax