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
    Amendment of assessments in cases where appellate proceedings result in a change in the assessment o...
    Procedural Mechanisms for Executing Supreme Court Cost Awards under Indian Income Tax Law : Clause 3...
    Doctrine of No Automatic Stay in Tax Recovery : Clause 369, Income Tax Bill, 2025 Vs. Section 265, I...
    Creating a schemes for the faceless effect of orders, to reducing direct interactions between taxpay...
    From Faceless Revision to Comprehensive Reform : Clause 532 of the Income Tax Bill, 2025 Vs. Section...
    Administrative Remedies under the Indian Tax Law : Clause 378 of the Income Tax Bill, 2025 Vs. Secti...
    Revisionary Powers under the Income Tax Law : Clause 377 of the Income Tax Bill, 2025 Vs. Section 26...
    Procedural Safeguards and Judicial Discretion in Supreme Court Appeals : Clause 368 of the Income Ta...
    Certification and Access to the Supreme Court : Clause 367 of the Income Tax Bill, 2025 Vs. Section ...
    Majority Decision and Bench Strength : Clause 366 of Income Tax Bill, 2025 Vs. Section 260B of Incom...
    High Court Appeals under Indian Income Tax Law : Clause 365 of the Income Tax Bill, 2025 Vs. Section...
    Procedural Autonomy and Judicial Independence in Tax Appeals : Clause 364 of the Income Tax Bill, 20...
    Rectification, Stay, and Finality: Dissecting the Tribunal's Role : Clause 363 of Income Tax Bill, 2...
    Reforming the Appellate Process : Clause 362 of the Income Tax Bill, 2025 Vs. Section 253 of the Inc...
    Tribunal Independence and Service Conditions : Clause 361(2) of the Income Tax Bill, 2025 and Sectio...
    Transformation of Tribunal Administration in Indian Tax Law : Clause 361(1), (3) to (5) of the Incom...
    Legal Framework and Practical Impact of Appellate Powers in Indian Taxation: : Clause 360 of the Inc...
    Continuity and Change in Income Tax Appellate Procedures : Clause 359 of the Income Tax Bill, 2025 V...
    Procedure and Limitation for Tax Appeals : Clause 358 of the Income Tax Bill, 2025 Vs. Section 249 o...
    Redefining Appellate Jurisdiction in Indian Tax Law : Clause 357 of the Income Tax Bill, 2025 Vs. 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
    Consequential amendment of member assessments: appellate modification must trigger authorised adjustments to individual tax liabilities.
    Clause 371 requires that when appellate proceedings alter or direct a new assessment of a body of individuals or association of persons, the appellate authority must authorise the Assessing Officer to amend or make a fresh assessment of any member; the authorisation is mandatory, and the Assessing Officer may act only pursuant to that order. The clause modernises appellate references and retains the two-step mechanism while raising interpretive issues concerning the scope of "any member", timelines for action, and the definition of "fresh assessment".
    Act RulesBills
    Show AI Summary
    Execution of Supreme Court cost orders: High Courts may transmit awards for local enforcement under established execution rules.
    The High Court, on petition, may transmit an order of the Supreme Court awarding costs to any court subordinate to the High Court for execution; the provision is limited to cost-related orders, is discretionary in application, requires adherence to execution rules and the Code of Civil Procedure, and mirrors the predecessor provision, leaving unresolved questions about the scope of "costs," appropriate subordinate fora, and special procedures where a government entity is the judgment debtor.
    Act RulesBills
    Show AI Summary
    No automatic stay on tax recovery: assessed tax remains payable during appellate pendency unless a specific judicial stay is granted.
    Clause 369 requires that tax determined by an assessment order is payable despite the filing of an appeal to the High Court or Supreme Court, reflecting the No Automatic Stay principle that assessment orders remain enforceable unless a competent forum grants a specific stay; it narrows scope to appeals at the highest judicial levels, streamlines language compared with Section 265, and places onus on taxpayers to obtain interim relief if they seek to defer payment while preserving courts' discretion to grant stays subject to conditions.
    Act RulesBills
    Show AI Summary
    Faceless tax administration expanded: scheme-making power permits executive modification of tax law subject to parliamentary laying.
    Clause 532 grants the Central Government power to notify schemes for any purpose of the Income Tax Act, 2025 to eliminate taxpayer interface and optimize resources, and to direct that Act provisions may be excluded or modified for scheme implementation; notifications must be laid before both Houses of Parliament and existing faceless schemes under the 1961 Act may be amended to ensure continuity.
    Act RulesBills
    Show AI Summary
    Power to frame schemes expands executive authority to implement faceless, centralized tax administration with parliamentary oversight.
    Clause 532 authorizes the Central Government to notify schemes for any purpose under the Income Tax Act, permit notification based exceptions or adaptations of statutory provisions to implement those schemes, amend or continue existing schemes, and requires that such notifications be laid before both Houses of Parliament, thereby enabling faceless, centralized, and technology driven administration while raising concerns about the breadth of delegated legislative power and the indeterminate standard of technological feasibility.
    Act RulesBills
    Show AI Summary
    Revisionary jurisdiction prevents orders prejudicial to the assessee while ensuring timely administrative review and minimum processing time.
    Clause 378 empowers senior tax officials as the Competent Authority to revise subordinate orders suo motu or on application, provided any revision is not prejudicial to the assessee. It prescribes one year limitation periods for initiation, allows condonation for sufficient cause, requires a nominal application fee, mandates disposal within a year from the end of the financial year of filing with specified exclusions for rehearings and judicial stays, and introduces a minimum sixty day residual period after exclusions for completion of revision.
    Act RulesBills
    Show AI Summary
    Revisionary power: Competent Authority can revise orders prejudicial to revenue after hearing and within limitation.
    Clause 377 empowers a defined Competent Authority to call for and examine the record of proceedings and, after giving the assessee an opportunity of being heard and making necessary inquiry, to revise orders that are erroneous and prejudicial to the revenue by enhancing, modifying, cancelling or directing fresh assessments, including specified transfer pricing orders; it sets a two year limitation subject to exceptions to give effect to appellate directions and excludes certain periods from the limitation computation.
    Act RulesBills
    Show AI Summary
    Appeals to Supreme Court: new bill mirrors CPC procedure but omits a saving proviso, raising interpretive risk.
    Clause 368 adopts the Code of Civil Procedure procedures for appeals to the Supreme Court "so far as may be", vests the Court with discretion on costs, and mandates that where a High Court judgment is varied or reversed, effect be given to the Supreme Court's order through the Bill's prescribed execution mechanism. The saving phrase and the absence of an express proviso preserving other reference and stay provisions are central interpretive and practical concerns.
    Act RulesBills
    Show AI Summary
    Certification for Supreme Court appeal restricts access to cases presenting substantial legal questions, streamlining appellate tax litigation.
    Clause 367 confines appeals to the Supreme Court from High Court judgments to cases which the High Court certifies as fit for appeal and reframes the source of such appeals to judgments delivered on appeals under section 363, streamlining the previous reference/appeal bifurcation and maintaining a high certification threshold to limit review to substantial questions of law or issues of public importance.
    Act RulesBills
    Show AI Summary
    Multi-judge bench requirement ensures collective resolution of contested legal points in tax appeals under the new bill.
    Clause 366 mandates a multi-judge bench requirement for specified tax appeals, directing that matters be heard by not less than two judges and decided according to the majority opinion; if no majority arises, judges must state the precise point of law in dispute, the point is reheard by additional judges, and the final decision on that point is determined by the majority of all judges who have heard the case.
    Act RulesBills
    Show AI Summary
    Substantial question of law: High Court appeals limited to legal issues, streamlining tax appellate review and implementation.
    Clause 365 permits appeals to the High Court from Appellate Tribunal orders only when the High Court is satisfied a substantial question of law arises; it prescribes eligible appellants, a time-limited memorandum-based filing, condonation for sufficient cause, High Court formulation and limitation of the question(s) heard (with power to add questions for recorded reasons), reasoned judgments with costs, authority to decide issues not determined or wrongly decided by the Tribunal, application of Civil Procedure rules, and an express duty on the Assessing Officer to give effect to the High Court's judgment.
    Act RulesBills
    Show AI Summary
    Procedural autonomy preserved in appellate tribunal; statutory cross references modernized while e governance provisions omitted, affecting bench practice.
    Clause 364 maintains the President's authority to constitute Benches, preserves the dual Judicial and Accountant member default and Special Benches for significant issues, permits single member disposal for lower value matters subject to presidential or authorised member designation, grants the Tribunal procedural autonomy and quasi judicial powers, modernises cross references to new penal and procedural statutes, and omits previous express provisions enabling executive notification of e governance schemes, raising transitional and implementation questions.
    Act RulesBills
    Show AI Summary
    Tribunal Orders: stay limits and rectification rules balance taxpayer rights and revenue protection in the appellate process.
    Clause 363 establishes the Tribunal's authority to decide appeals after hearing parties, permits rectification of mistakes apparent from record within a prescribed period subject to a nominal fee and hearing where liability is increased, and prescribes an aspirational timeline for disposal. It provides a conditional stay-of-recovery regime requiring deposit or security with limited extension criteria and automatic vacation if disposal does not occur within the aggregate period; the Tribunal may award costs, must communicate orders to the assessee and Commissioner, and its orders are final save for specified statutory exceptions.
    Act RulesBills
    Show AI Summary
    Appeals to Appellate Tribunal: modernized scope, uniform timelines, cross-objection rights, fee rationalisation preserved.
    Clause 362 modernizes appeals to the Appellate Tribunal by listing appealable orders across the reorganized administrative hierarchy, prescribing a uniform filing period, permitting respondents to file cross-objections treated as independent appeals, allowing the Tribunal to condone delay for sufficient cause, and setting form, verification and a progressive fee regime while exempting revenue appeals and cross-objections from fees.
    Act RulesBills
    Show AI Summary
    Tribunal independence: bifurcated appointment and service rules safeguard ITAT members' conditions and transitional rights.
    Clause 361(2) and Section 252A use non obstante language to govern ITAT members' qualifications, appointments, term, salaries, allowances, resignation and removal by bifurcating applicable regimes: post Tribunals Reforms Act, 2021 appointees are governed by Chapter II of that Act (detailing qualifications, a Search cum Selection Committee, tenure and service conditions), while pre Finance Act, 2017 appointees remain governed by the Income tax Act, 1961 and its rules as if the contested Finance Act provision had not come into force.
    Act RulesBills
    Show AI Summary
    Appellate tribunal constitution updated to centralize appointments and delegate presidential powers, affecting tribunal independence and transitional safeguards.
    Clause 361 maintains a multi member Appellate Tribunal of Judicial and Accountant Members while empowering the Central Government to determine member strength; mandates that the President be a High Court judge with substantial judicial experience or a Vice President; permits appointment of one or more Vice Presidents; and authorizes delegation of presidential powers to Vice Presidents by written order. The clause defers detailed eligibility and service conditions to the general tribunal framework and includes a transitional rule preserving pre existing service conditions for incumbents.
    Act RulesBills
    Show AI Summary
    Appellate Powers: authority to modify assessments and penalties subject to a reasonable opportunity to be heard.
    The appellate authorities may confirm, reduce, enhance, or annul assessments and may confirm, cancel, or vary penalty orders; the Commissioner (Appeals) alone may set aside assessments and remit for fresh assessment in specified cases. Any enhancement of assessment or penalty or reduction of refund requires a reasonable opportunity for the appellant to show cause. The appellate authority may consider and decide any matter arising from the proceedings, and must take into account materials produced before the Settlement Commission where proceedings abate.
    Act RulesBills
    Show AI Summary
    Appeal procedure: preservation of right to be heard, reasoned orders, and discretionary powers for inquiry and additional grounds.
    Clause 359 sets the appellate procedure before first instance tax authorities, affirming the right to be heard, notice of hearing, powers to adjourn and direct further inquiry, discretion to admit additional grounds of appeal if omission was not wilful or unreasonable, a requirement for written reasoned orders specifying points for determination and decisions, a directory timeline aiming at one year disposal where possible, and communication of orders to the assessee and appropriate senior tax officials.
    Act RulesBills
    Show AI Summary
    Appeal procedure: prescribed form, 30 day limitation, pre deposit requirement with written reason exemptions permitted.
    Clause 358 preserves the Section 249 appellate framework by requiring appeals in prescribed form and verification, imposing a graded appeal fee related to assessed income, and setting a thirty day limitation from service of the order or demand. It excludes time spent on specified relief applications from limitation, permits condonation of delay for sufficient cause, and conditions admission on payment of tax on returned income or advance tax where no return is filed, while allowing written reason exemptions from the advance payment requirement.
    Act RulesBills
    Show AI Summary
    Appellate jurisdiction redefined: Clause 357 sets scope of appealable tax orders and preserves DRP-related exclusions.
    Clause 357 defines the orders appealable to the Commissioner (Appeals), listing assessment, reassessment, recomputation, intimation adjustments, orders treating a person as agent of a non-resident, and penalty orders, while preserving exclusions for orders following Dispute Resolution Panel directions and allowing the Board to specify additional appealable cases; it updates and consolidates categories previously under Section 246A and raises interpretive issues concerning exclusions, newly numbered sections, penalty consolidation, and transitional treatment of pending appeals.

    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 153 "Deduction for interest on deposits." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      3 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 153 Deduction for interest on deposits.

      Income-tax Act, 2025

      At a Glance

      Clause 153 of the Income Tax Bill, 2025 (Old Version) sets out deductions for interest on deposits for specified categories of assessees (individuals - both non-senior and senior citizens - and Hindu undivided families). It prescribes monetary ceilings and identifies eligible deposit institutions. The provision affects taxpayers (individuals and HUFs) who receive interest on deposits with banks, cooperative banks and Post Offices. Effective date or enactment timing: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 153 sits within the chapter heading "Deductions in respect of other incomes." It addresses deduction from gross total income where that income includes interest on deposits. The clause identifies assessees eligible for deduction: (a) individuals not being senior citizens, (b) individuals being senior citizens, and (c) Hindu undivided families. Eligible deposit takers are defined by reference to existing regulatory statutes - Banking Regulation Act, 1949 (for banking companies), cooperative societies engaged in banking (including cooperative land mortgage/development banks), and Post Offices as defined in section 2(k) of the Post Office Act, 2023. The clause contains an internal definition of "time deposits."

      Statutory Provision Mode

      Text & Scope

      Clause 153(1) establishes that an assessee in the enumerated categories shall be allowed a deduction from gross total income, subject to sub-section (2), where it includes income by way of interest on deposits with specified institutions (banking companies under the Banking Regulation Act, cooperative societies carrying on banking, or Post Offices as defined). Clause 153(2) prescribes the quantum and account-type limitations for the deduction for a tax year:

      • (a) For non-senior individuals and HUFs: whole interest up to a maximum of ten thousand rupees on deposits in a savings account, excluding time deposits.
      • (b) For senior citizens: whole interest up to a maximum of fifty thousand rupees on deposits in a savings account, including time deposits.

      Clause 153(3) states that where the income referred to in "this section" is derived from any deposit in a savings account held by or on behalf of a firm, association of persons or body of individuals, no deduction shall be allowed under the section in respect of such income in computing the total income of any partner/member/individual of such entity. Clause 153(4) defines "time deposits" as deposits repayable on expiry of fixed periods.

      Interpretation

      The text distinguishes assessees by age (senior citizen vs non-senior) and by entity type (individual/HUF). The deduction is account-specific: savings accounts are central to the non-senior/HUF benefit; the senior citizen provision explicitly refers to savings accounts but also states "including time deposits." This combination may require interpretive attention, as "savings account" and "time deposits" are traditionally distinct categories. The legislature's inclusion of "time deposits" within the senior citizen sub-clause signals an intent to extend benefit to interest from fixed-term deposits for senior citizens, but restricting the words "savings account" to both categories may create an internal tension requiring purposive construction. The restriction in sub-section (3) prevents pass-through of the concession to partners/members where the deposit is held by or on behalf of a partnership/AOP/BOI.

      Exceptions/Provisos

      No further provisos or carve-outs are provided beyond the account-type limitations, monetary ceilings and the bar on deduction where deposits are held by firms/AOPs/BOIs and the definition of time deposits. Specific exceptions for other classes of entities (e.g., companies, trusts) are not provided. Not stated in the document: any specific anti-avoidance measures, procedural compliance, or certificate/documentation requirements for claiming the deduction.

      Illustrations

      • Example 1 - Non-senior individual: A non-senior individual receives interest of Rs. 12,000 in a tax year from a savings account (excluding time deposits). Under Clause 153(2)(a), deduction allowed is the whole of interest up to Rs. 10,000; thus Rs. 10,000 deductible, and Rs. 2,000 remains taxable. (This example is a direct application of the numeric ceiling stated.)
      • Example 2 - Senior citizen: A senior citizen receives Rs. 45,000 interest in the tax year from a five-year fixed deposit held with a bank. Clause 153(2)(b) permits deduction of whole interest up to Rs. 50,000 on deposits in a savings account, "including time deposits." Applying the text, the senior citizen may claim deduction up to Rs. 45,000 (subject to interpretation of "savings account" phrase). The full interest would be deductible, being below the Rs. 50,000 ceiling. (This example follows the provision as worded.)
      • Example 3 - Partner of firm: A partner receives share of interest income from a savings account held by the firm. Clause 153(3) bars deduction in computing the partner's total income in respect of such income. (Direct textual application.)

      Interplay

      The clause references the Banking Regulation Act, 1949 and Post Office Act, 2023 for institutional definitions. Not stated in the document: any interaction with other specific sections of the Income-tax Code concerning income classification (e.g., treatment of interest as "income from other sources") or rules governing computation of gross total income. Not stated in the document: whether the clause displaces general provisions on deduction elsewhere in the Code or specific filing/conduct requirements in rules or notifications.

      Differences between Section 153 of the Income-tax Act, 2025 and Clause 153 of the Income Tax Bill, 2025 (Old Version)

      • Scope of deductible interest for senior citizens (sub-section (2)(b)): The Act version permits deduction for senior citizens of "the whole of the interest up to a maximum amount of Rs. 50,000 on deposits in any account, including time deposits." The Bill (Old Version) limits the wording to "deposits in a savings account, including time deposits."
        • Practical impact: The Act version is broader-allows senior citizens to claim the deduction on interest from any kind of deposit account (savings or other accounts), whereas the Bill's older text confines the benefit to savings accounts (albeit it still says "including time deposits," creating a textual ambiguity). This change affects the tax benefit available to senior citizens who hold interest-bearing deposits in non-savings accounts (e.g., term accounts held in non-savings category) - under the Act version they clearly receive relief; under the Bill version they may be excluded.
      • Treatment of non-senior individuals and HUFs (sub-section (2)(a)): Both versions provide that individuals (non-senior) and HUFs may claim deduction up to Rs. 10,000 on interest on deposits in a savings account excluding time deposits. Wording differs only in numeric styling ("Rs. 10000" vs. "ten thousand rupees") and punctuation; substantive position appears consistent.
        • Practical impact: None substantive; same monetary ceiling and exclusion of time deposits.
      • Structure and placement of prohibitions when deposits are held by firms/AOPs/BOIs (sub-sections (3) and (4)): The Act separates prohibitions: (3) bars deduction for the non-senior/HUF category where income referred to in sub-section (2)(a) derives from deposits in a savings account held by/for a firm/AOP/BOI; (4) separately bars deduction for the senior citizen category where income referred to in sub-section (2)(b) derives from deposits held by/for such entities. The Bill consolidates the restriction into a single sub-section (3) referring to "where the income referred to in this section is derived from any deposit in a savings account held by, or on behalf of, a firm, an association of persons or a body of individuals, no deduction shall be allowed ... in computing the total income of any partner ... member ... or individual ..."
        • Practical impact: The Bill's single provision speaks only of "savings account" deposits and references "this section" generally; it could be interpreted as not addressing the situation where the senior-citizen deduction applies to non-savings accounts (if the Bill's (2)(b) were read to permit non-savings accounts). The Act's split provisions are clearer in mapping the prohibition to each beneficiary category. The Act thus reduces interpretive uncertainty about applicability of the bar for senior citizens when the Act allows deduction on "any account."
      • Definition/placement of "time deposits": The Bill defines "time deposits" in its sub-section (4): "In this section, 'time deposits' means the deposits repayable on expiry of fixed periods." The Act places that definition as sub-section (5) with essentially identical wording.
        • Practical impact: None substantive; placement/numbering differs but definition unchanged.

      Practical Implications

      • Compliance and risk areas: Taxpayers must identify whether interest originates from an eligible institution and whether the deposit is a "savings account" or a "time deposit" (as defined). The clause differentiates benefits by assessees (non-senior vs senior), so accurate taxpayer classification (seniority) is essential. The textual overlap ("savings account, including time deposits" for senior citizens) could give rise to disputes concerning eligibility of particular deposit types; taxpayers and practitioners should be prepared to justify characterization of accounts. The prohibition in sub-section (3) requires attention where deposits are held by firms/AOPs/BOIs to prevent incorrect claims by partners/members.
      • Record-keeping/evidence: Retain bank/postal account statements, deposit receipts, account opening documents identifying account type, and evidence of senior citizenship status (if claiming the senior citizen ceiling). Where deposit is held on behalf of a firm/AOP/BOI, retain documentation demonstrating beneficial ownership/arrangement to establish whether the bar in sub-section (3) applies. Not stated in the document: specific documentary threshold or certificate formats.

      Key Takeaways

      • The Clause targets individuals (non-senior and senior) and HUFs with specified ceilings for deduction on interest from deposits.
      • Non-senior individuals and HUFs: deduction capped at Rs. 10,000 on interest from savings accounts (excluding time deposits).
      • Senior citizens: deduction capped at Rs. 50,000 and the text purports to include time deposits; the phraseology creates potential interpretive ambiguity concerning account types.
      • Deposits held by or on behalf of firms/AOPs/BOIs are expressly excluded from allowing the deduction to partners/members/individuals under this section.
      • "Time deposits" are defined in the clause as deposits repayable on expiry of fixed periods.
      • The clause refers to regulated banking/cooperative/postal institutions; other deposit takers are not within the clause's scope as drafted.
      • Not stated in the document: effective date, procedural mechanics, or interactions with other Code provisions beyond the express references.

      Full Text:

      Section 153 Deduction for interest on deposits.

      Topics

      ActsIncome Tax