Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 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.
Relevance Default Date
    Act Rules Income Tax
    Comparison of section 229 "Depreciation and gains relating to tonnage tax assets." between the Incom...
    Act Rules Income Tax
    Comparison of section 228 "Relevant shipping income and exclusion from book profit." between the Inc...
    Act Rules Income Tax
    Comparison of section 226 "Tonnage tax scheme." between the Income-Tax Act, 2025 (as passed) and the...
    Act Rules Income Tax
    Comparison of section 225 "Income from business of operating qualifying ships." between the Income-T...
    Act Rules Income Tax
    Comparison of section 223 "Tax on income of unit holder and business trust." between the Income-Tax ...
    Act Rules Income Tax
    Comparison of section 214 "Tax on investment income and long-term capital gains." between the Income...
    Act Rules Income Tax
    Comparison of Section 212 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act Rules Income Tax
    Comparison of Section 210 "Tax on income of Foreign Institutional Investors from securities or capit...
    Act Rules Income Tax
    Comparison of Section 209 "Tax on income from bonds or Global Depository Receipts purchased in forei...
    Act Rules Income Tax
    Comparison of Section 208 "Tax on income from units purchased in foreign currency or capital gains a...
    Act Rules Income Tax
    Comparison of Section 207 "Tax on dividends, royalty and fees for technical service in case of forei...
    Act Rules Income Tax
    Comparison of Section 206 "Special provision for minimum alternate tax and alternate minimum tax." b...
    Act Rules Income Tax
    Comparison of Section 205 "Conditions for tax on income of certain companies and co-operative societ...
    Act Rules Income Tax
    Comparison of Section 201 "New tax regime for individuals, Hindu undivided family and others." betwe...
    Act Rules Income Tax
    Comparison of Section 201 "Tax on income of new manufacturing domestic companies." between the Incom...
    Act Rules Income Tax
    Comparison of Section 200 "Tax on income of certain domestic companies." between the Income-Tax Act,...
    Act Rules Income Tax
    Comparison of Section 199 "Tax on income of certain manufacturing domestic companies." between the I...
    Act Rules Income Tax
    Comparison of Section 197 "Tax on long-term capital gains." between the Income-Tax Act, 2025 (as pas...
    Act Rules Income Tax
    Comparison of Section 193 "Tax on income from Global Depository Receipts purchased in foreign curren...
    Act Rules Income Tax
    Comparison of Section 187 "Acceptance of payment through prescribed electronic modes." between the I...
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Act Rules Income Tax
Show AI Summary
Depreciation allocation for tonnage tax assets: apportioned WDV creates separate qualifying blocks and governs capital gains treatment.
Clause 229 requires first-year depreciation for the tonnage tax scheme to be computed on the tax written down value apportioned between qualifying and non-qualifying ships using book WDV proportions; the apportioned qualifying amount forms a separate block for depreciation, transfers between blocks follow prescribed proportional formulas on change of use, and disposals of qualifying assets are taxed as capital gains with section 74 applied to the qualifying block's WDV.
Act Rules Income Tax
Show AI Summary
Relevant shipping income exclusion from book profit narrowed to a specific book profit computation, clarifying tonnage tax scope and compliance.
Relevant shipping income comprises profits from enumerated core ship operations and prescribed incidental activities for a tonnage tax company; incidental receipts above the prescribed threshold are excluded from the tonnage measure and taxed generally. Transfers between tonnage and non tonnage businesses are to be tested at market value or, where impracticable, computed on a reasonable basis by the Assessing Officer. Common costs and depreciation must be reasonably allocated, losses in relevant shipping income are ignored for tonnage computation, and the book profit or loss from relevant shipping activities is excluded from the company's book profit for the specified computation under section 206.
Act Rules Income Tax
Show AI Summary
Tonnage tax scheme requires separate business treatment and distinct computation for qualifying shipping operations upon exercise of option.
An elective tonnage tax scheme treats qualifying shipping operations as a separate business requiring separate computation of profits; operation includes owned, chartered and partial charter arrangements. Tonnage income is computed under the Part's computation provision and deemed to be profits of business, with relevant shipping income not chargeable where the scheme applies. The regime is available only if the company exercises the statutory option; absent the option, general provisions apply.
Act Rules Income Tax
Show AI Summary
Tonnage tax option for ship operators permits elective computation and deems such income as business income.
The provision allows companies operating qualifying ships to elect a special tonnage computation and deems the resulting amount to be profits and gains of business or profession, while the enacted text limits the clause's non-application by preserving the operation of certain specified provisions.
Act Rules Income Tax
Show AI Summary
Deeming rule: distributions retain trust character, requiring payer reporting and trust taxation at maximum marginal rate.
Clause 223 deems distributions by a business trust to retain the same character and proportion in the hands of unit holders, charges the trust's total income at the maximum marginal rate subject to qualifying statutory mechanisms, treats specified scheduled items as unit holder income in the year of receipt, excludes certain sums from the deeming rule, and requires payers to furnish prescribed statements detailing the nature of distributed amounts.
Act Rules Income Tax
Show AI Summary
Tax on investment income: enacted wording omits explicit treatment of long term capital gains on non specified assets, creating rate uncertainty.
Special tax rates apply to certain income categories of a non-resident Indian: a specified rate on income from investment, a separate concessional rate on long-term capital gains from a "specified asset," and general rates for residual total income; the enacted text omits an explicit allocation of long-term capital gains on non-specified assets into the investment-income category, creating uncertainty whether such gains attract the special investment rate or fall to residual rates.
Act Rules Income Tax
Show AI Summary
Foreign exchange asset classification determines tax treatment of income from assets acquired in convertible foreign exchange.
Definitions for sections 213-218 tie asset status to acquisition in convertible foreign exchange: a foreign exchange asset is any specified asset acquired with convertible foreign exchange; investment income is any income from such an asset; long-term capital gains are capital gains on a foreign exchange asset that is not short-term; non-resident Indian is a person not resident who is either an Indian citizen or of Indian origin; specified asset lists shares, certain debentures, certain deposits and Central Government securities, with a government notification power and a changed statutory cross-reference for government securities between Bill and Act.
Act Rules Income Tax
Show AI Summary
Taxation of foreign institutional investors' securities income: fixed-category rates apply and residual income taxed under general rates.
The provision creates a category-based tax regime for Foreign Institutional Investors and specified funds, requiring segregation of securities income and capital gains into prescribed heads and applying fixed tax rates to each head, with residual income taxed at general rates. Specified funds are taxed only on amounts attributable to units held by non-residents (attribution to be prescribed). Where gross total income is solely securities income, routine deductions are disallowed; where mixed, specified incomes are excluded for deduction computations. A specified loss-set-off mechanism is excluded for the listed capital gains.
Act Rules Income Tax
Show AI Summary
Tax on foreign currency bonds and GDRs: clarified computation and fixed-source tax treatment for non resident incomes.
Non residents are subject to special tax treatment on interest from specified bonds and dividends on GDRs acquired in foreign currency through an approved intermediary, and on long term capital gains from transfer of those assets; the enacted section prescribes separate tax treatment for each income head, clarifies computation by requiring income tax be computed at the specified rate applied to the corresponding income, and conditions applicability on foreign currency acquisition, intermediary approval, specified deduction exclusions, return filing exceptions and transitional/amalgamation treatment.
Act Rules Income Tax
Show AI Summary
Preferential tax regime for offshore fund income from foreign currency purchased units, segregating specified incomes and limiting deductions.
Section 208 creates a separate tax regime for overseas financial organisations investing in specified Indian units: income from units purchased in foreign currency and long term capital gains on transfer of such units are taxed at fixed rates while remaining income is taxed ordinarily. The provision restricts deductions when gross total income consists solely of those specified incomes and requires segregation of specified incomes so Chapter VIII deductions apply only to the residual income. Eligibility depends on arrangements with specified Indian entities and SEBI approval.
Act Rules Income Tax
Show AI Summary
Head specific tax rates for cross border dividends, royalties and technical fees, with restricted deductions and targeted concessions.
A head specific source taxation regime imposes fixed tax rates on dividends, specified interest, distributed income, unit income, royalties and fees for technical services for non residents and foreign companies, aggregates tax as the sum of prescribed head rates plus tax on residual income, prescribes targeted preferential rates for certain investment vehicles, and restricts deductions in specified scenarios while relying on cross references to other provisions for definitions and exclusions.
Act Rules Income Tax
Show AI Summary
Minimum tax regime deeming book profit/adjusted income taxable when regular tax is below prescribed minimum, imposing MAT/AMT.
Section 206 creates a minimum tax regime whereby, if tax under general provisions is less than a prescribed percentage of book profit (for companies) or adjusted total income (for others), that book profit/adjusted total income is deemed total income and taxed at the prescribed rate. The provision prescribes formulaic add backs and reductions to compute book profit, addresses IND AS transition adjustments, specifies exclusions and carve outs, mandates an accountant's certificate in prescribed form, and provides carry forward and credit rules for excess MAT/AMT paid.
Act Rules Income Tax
Show AI Summary
Concessional tax computation limited by eligibility rules, asset provenance constraints, and AO power to recharacterise excess profits.
Clause 205 sets that, for specified concessional provisions, total income must be computed without certain listed deductions or exemptions, conditions eligibility on the origin and nature of the business and on limits for previously used plant, and empowers the Board (with Central Government approval) to issue guidelines subject to parliamentary laying. The Assessing Officer may determine and attribute profits reasonably deemed in excess of ordinary profits where arrangements inflate returns, applying the arm's length principle for specified domestic transactions.
Act Rules Income Tax
Show AI Summary
Optional simplified tax regime limits specified deductions and restricts loss set-off, with timing and IFSC carve-outs.
The provision creates an optional simplified tax regime for specified persons applying preset slab rates while disallowing a defined list of exemptions, deductions and specified loss set offs; it operates irrespective of other provisions except where expressly carved out, contains deeming rules treating certain losses and depreciation as finally given effect to, provides limited exceptions for IFSC units, and requires taxpayers to elect or withdraw the option within prescribed timelines subject to procedural rules.
Act Rules Income Tax
Show AI Summary
Concessional tax regime for new manufacturing companies: elective, time limited option with fixed-rate treatments and strict eligibility.
An elective concessional tax regime permits domestic manufacturing companies to compute tax under a standalone scheme with fixed tax treatments for defined income categories and specified exclusions. Eligibility hinges on incorporation/registration and commencement temporal thresholds, timely exercise of the option which, once exercised, is irrevocable and continues for subsequent years. Failure to meet conditions invalidates the option prospectively. Computation is constrained by sub-section rules that exclude certain deductions and bar set-off of losses or unabsorbed depreciation attributable to excluded deductions, while cross-references determine treatment of capital gains and deemed incomes.
Act Rules Income Tax
Show AI Summary
Optional concessional tax regime: companies forgo specified deductions to access a lower flat tax rate, with strict irrevocable election rules.
An optional concessional tax regime permits a domestic company to elect a lower flat rate if it forgoes specified deductions and certain carry-forward reliefs; losses and unabsorbed depreciation attributable to excluded deductions cannot be set off and are deemed given full effect. The election must be made in a prescribed manner by the return due date, is irrevocable and applies to subsequent years, with failure to meet requirements invalidating the option. IFSC Units receive a limited modification preserving certain deductions subject to that provision's conditions.
Act Rules Income Tax
Show AI Summary
Concessional tax rate for qualifying manufacturing companies restricted by disallowed deductions and binding election requirement.
An elective regime permits a domestic company incorporated on or after 1 March 2016 and engaged solely in manufacture/production (including related research and distribution) to compute tax at a flat 25% rate if it validly exercises the option in the prescribed manner. The option excludes specified deductions (notably sections 45(2), 47(1)(b), most of Chapter VIII-C except section 146, and sections in section 205(1)(a)-(g)) and bars set-off of earlier losses attributable to those deductions; the provision contains a non-obstante clause while preserving interplay with specified Parts and sections.
Act Rules Income Tax
Show AI Summary
Long-term capital gains tax restructured: LTCG segregated and taxed separately while preserving basic exemption and transitional relief.
Clause 197 prescribes segregation of long-term capital gains from other income, taxing non-LTCG income under the normal progressive regime while subjecting LTCG to a separate rate; resident individuals/HUFs may reduce LTCG to preserve the basic exemption to the extent reduced total income falls short of that threshold. A transitional relief for resident individual/HUF transfers of land or building acquired before a specified cutoff requires dual computation-new LTCG method versus an indexed-cost prior-rate computation-and ignores any excess new-regime tax up to the calculated difference. The enacted Act adds a carve-out for non-resident/foreign-company disposals of unlisted or private-company shares excluding section 72(6) set-off.
Act Rules Income Tax
Show AI Summary
Tax on GDR income segregates dividend and long term gain streams, taxes them at specified concessional rates.
The provision creates a special tax regime for resident employees of specified knowledge based companies (or their subsidiaries) who receive GDR linked income acquired in foreign currency: dividends on qualifying GDRs are taxed at a prescribed concessional rate, long term capital gains on transfer of such GDRs are taxed at a separate prescribed concessional rate, and the balance of the individual's income is taxed at prevailing rates. GDR income is excluded from gross total income for computing deductions, sole GDR dividend income precludes other deductions, and section 72(6) does not apply to these LTCG computations.
Act Rules Income Tax
Show AI Summary
Electronic payment acceptance requirement mandates prescribed digital channels for businesses and professions exceeding the turnover threshold.
The Act mandates that every person carrying on business or profession whose total sales, turnover or gross receipts exceed the turnover threshold in the immediately preceding tax year shall provide facilities to accept payments through prescribed electronic modes in addition to any other electronic modes offered, with specific modes and operational details to be specified by subordinate legislation.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Showing Results for : Reset Filters

Comparison of Section 199 "Tax on income of certain manufacturing domestic companies." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

4 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 199 Tax on income of certain manufacturing domestic companies.

Income-tax Act, 2025

At a Glance

This document is Clause 199 of the Income Tax Bill, 2025 - (Old Version), which proposes a concessional 25% tax rate for certain domestic manufacturing companies subject to specified conditions. It matters to domestic companies engaged in manufacture or production (and related research/distribution) that were set up on or after 1 March 2016, and to the tax administration in determining eligibility and compliance. The document does not state an explicit effective date beyond the reference to "tax year" or enactment; no decision date is provided in the text.

Background & Scope

Statutory hooks: Clause 199 is placed within the "New tax regime" part of the Income Tax Bill, 2025. It operates "Irrespective of anything contained in this Act, but subject to the provisions of Parts A, B and this Part other than sections 200 and 201," thereby creating a standalone concessional regime subject to limited interplay with other Parts and sections. The provision applies to "a person, being a domestic company," and allows computation of income-tax at a flat rate of 25% at the option of the company, subject to enumerated conditions. Definitions or further explanations (such as definition of "manufacture" or "domestic company") are not stated in the document.

Statutory Provision Mode

Text & Scope

Clause 199(1) authorises, by company option, computation of income-tax at 25% for a domestic company for any tax year, subject to three key conditions:

  • Condition (a): The company must have been set up and registered on or after 1st March, 2016.
  • Condition (b): The company must be engaged solely in the business of manufacture or production of any article or thing, and research in relation to, or distribution of, such article or thing manufactured or produced by it. In other words, the business must be limited to manufacturing/production and related research/distribution activities.
  • Condition (c): The company's total income must be computed without certain deductions listed in sub-clause (i) and without set-off of any loss carried forward attributable to those deductions per sub-clause (ii).

Clause 199(1)(c)(i) specifies that the computation must be without deduction under (A) sections 45(2)(c) and 47(1)(b); (B) Chapter VIII-C, other than the provisions of section 146; or (C) sections specified in section 205(1)(a) to (g). Clause 199(1)(c)(ii) bars set-off of earlier year losses that are attributable to such disallowed deductions.

Interpretation

The clause expresses a legislative intent to create a preferable, simplified tax rate for qualifying manufacturing companies, while preventing duplication or continuance of other specified tax benefits. The language "Irrespective of anything contained in this Act" indicates a non-obstante clause intended to give the concessional rate primacy over other general provisions, but the carve-out "subject to the provisions of Parts A, B and this Part other than sections 200 and 201" indicates preserved interaction with certain Parts and specified sections. The option-based framework (see sub-sections (3) and (4)) suggests a taxpayer election that, once made, binds the company to the regime unless a separate option u/s 200 is exercised.

Exceptions/Provisos

Not stated in the document: any express exemptions other than the listed exclusions from deduction. The clause contains implicit carve-outs:

  • Chapter VIII-C benefits are excluded except for section 146 (i.e., section 146 remains available, while other provisions in Chapter VIII-C are not). The document does not elaborate on the content of Chapter VIII-C or on the policy reasons for preserving section 146 only.
  • Sections specified in section 205(1)(a) to (g) are also excluded; the content of those sections is not reproduced in the clause.
  • Losses attributable to the disallowed deductions are barred from set-off; subsection (2) deems such losses to have been given full effect to, preventing future deduction-this is an absolute prohibition with no stated time limitation.

Illustrations

  • Example 1: A domestic manufacturing company incorporated on 1 April 2017, carrying on only manufacture and distribution of its products, opts into Clause 199. It cannot claim tax deductions under Chapter VIII-C (except section 146), nor can it claim deductions u/ss 45(2)(c) or 47(1)(b). If it has earlier year losses attributable to those disallowed deductions, such losses cannot be set off in the option regime. (All specifics about amounts, calculation mechanics, and interplay with other sections are Not stated in the document.)
  • Example 2: A domestic company set up on 1 February 2016 would be ineligible because incorporation predates 1 March 2016. (The document does not state any transitional provisions.)

Interplay

The clause expressly limits interaction with Parts A and B and "this Part" (i.e., the Part containing the clause), excluding sections 200 and 201. It excludes Chapter VIII-C benefits (except section 146) and the listed sections in section 205(1)(a)-(g). The clause calls for an option exercised "in the manner as prescribed" with a reference point to the due date specified u/s 263(1) for filing the first return; thus, it anticipates additional procedural rules to be prescribed. Specific interaction with other Rules, Notifications, or Circulars is Not stated in the document.

Practical Implications

  • Compliance and risk areas grounded in the document: Companies seeking the 25% rate must ensure eligibility-date of registration (on/after 1 March 2016), exclusive engagement in manufacture/production with related research/distribution, and careful computation of total income excluding specified deductions. Non-compliance with these conditions would jeopardise entitlement to the concessional rate. The clause's election mechanism, including timing linked to section 263(1), creates a procedural compliance risk if the option is not validly exercised.
  • Record-keeping/evidence points suggested by the text: Companies should maintain incorporation/registration records to evidence the registration date; detailed books and documents to demonstrate the nature of activities (manufacture/production, research, distribution) and to segregate income/expenses attributable to other businesses, if any; and documentation linking prior-year losses to specific deductions listed in Clause 199(1)(c)(i) to determine whether losses are barred from set-off.

Key Takeaways

  • Clause 199 offers an elective flat 25% tax rate for qualifying domestic manufacturing companies incorporated on or after 1 March 2016.
  • Eligibility requires exclusive engagement in manufacture/production and related research/distribution; other business activities disqualify a company under the clause.
  • Certain deductions are expressly disallowed for companies opting into the regime-specifically sections 45(2)(c) and 47(1)(b), most of Chapter VIII-C (except section 146), and sections referred to in section 205(1)(a)-(g).
  • Losses carried forward attributable to those disallowed deductions cannot be set off; subsection (2) deems such losses to have been given full effect to.
  • The concessional rate is elective, requires prescribed procedural exercise by the due date u/s 263(1) for furnishing the first return, and once made, is binding unless section 200 is invoked; the document contains no detail on the prescribed manner.
  • The clause contains a non-obstante opening but preserves certain Parts/sections, indicating limited interplay rather than complete override of the Act.
  • Operational details (definitions, examples, prescribed forms/procedures, transitional rules, or effective date specifics) are Not stated in the document.

Differences Between Documents and Practical Impact

Topic Earlier Position (Clause 199 - Bill Old Version) Later Position (Section 199 - Act)
Parts referenced as subject to "subject to the provisions of Parts A, B and this Part other than sections 200 and 201" "subject to the provisions of Parts A, B, E and this Part (other than sections 200 and 201) of this Chapter"
Reference to section 45(2) Disallowance references "sections 45(2)(c) and 47(1)(b)" Disallowance references "section 45(2) or 47(1)(b)"
Prescription wording for exercise of option "in the manner as prescribed" "in the manner as may be prescribed"
Typographical/clerical variance Sub-section (4) references "section section 200" (duplication) Sub-section (4) references "section 200" (single)

Practical impact of each change:

  • Inclusion of Part E in the Act's version (Section 199) expands the set of statutory provisions that the new regime is "subject to." This broadens potential interactions and conditions that survive the non-obstante clause; companies and practitioners would need to consider Part E compliance where relevant. The Bill version omitting Part E would have left such interactions narrower. (Specific contents of Part E and practical consequences are Not stated in the document.)
  • The Bill's specific reference to section 45(2)(c) narrows the disallowance to a particular sub-paragraph of section 45(2), whereas the enacted Section 199's reference to section 45(2) more broadly excludes deductions under the whole of section 45(2). The broader reference in the Act can widen the range of deductions that are incompatible with the concessional regime, increasing the number of prior benefits/losses that may be denied. This is a substantive change affecting eligibility and post-election tax position.
  • The change from "in the manner as prescribed" to "in the manner as may be prescribed" is modest; the latter is a more conventional legislative drafting phrase indicating prescription power. It likely has no material effect beyond standardising drafting.
  • Correction of a typographical duplication ("section section 200") clarifies the cross-reference; it has no substantive legal effect beyond removing ambiguity.

Full Text:

Section 199 Tax on income of certain manufacturing domestic companies.

Topics

Acts Income Tax