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
    NewsBill
    Extending the period of filing revised return
    NewsBill
    Scope of filing of updated return in the case of reduction of losses – reg.
    NewsBill
    Allowing the filing of updated return after issuance of notice of reassessment
    NewsBill
    Foreign Assets of Small Taxpayers - Disclosure Scheme, 2026 (FAST-DS 2026)
    NewsBill
    Relaxation of conditions for prosecution under the Black Money Act
    NewsBill
    Rationalization of prosecution proceedings
    NewsBill
    Rationalizing the period of block in case of other persons
    NewsBill
    Referencing the time limit to complete block assessment to the initiation of search or requisition
    NewsBill
    Rationalisation of Penalties into Fee
    NewsBill
    Imposition of penalty for under-reporting or misreporting of income within Assessment Order
    NewsBill
    ​​​​​​​Increase in maximum amount of penalty in section 46...
    NewsBill
    Rationalisation of tax rate under section 195 and penalty under section 443 in respect of certain In...
    NewsBill
    Expanding the scope of immunity from penalty or prosecution under section 440 of the Act
    NewsBill
    ​​​​​​​Expanding the scope of immunity from imposition of ...
    NewsBill
    Deductions in respect of dividends received and distributed by certain cooperative societies
    NewsBill
    Widening scope of deduction under section 149 by including ancilliary activities of cattle feed and ...
    NewsBill
    Inclusion of Cooperatives registered under Multi-State Cooperative Societies Act, 2002 in the defini...
    NewsBill
    Amendment of section 169 of the Income-tax Act, 2025 relating to providing effect to advance pricing...
    NewsBill
    Exemption to a foreign company on any income arising in India by way of procuring data centre servic...
    NewsBill
    Allowing expenditure on prospecting of critical minerals as deduction
❯❯
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
    NewsBill
    Show AI Summary
    Revised income-tax returns: filing window extended to 12 months; fee proposed for revisions after nine months.
    The proposal increases the time limit for filing a revised income-tax return from nine to twelve months from the end of the relevant tax year to allow those who file belated returns late to still revise returns; a fee is proposed for revised returns filed after nine months, with corresponding amendments and staggered commencement dates across the two income-tax statutes applying to the relevant tax and assessment years.
    NewsBill
    Show AI Summary
    Updated tax returns may be allowed when a taxpayer reduces a previously claimed loss, per proposed Finance Bill changes.
    Section 263(6) permits an updated return within 48 months but bars updated returns that are returns of loss, limits reductions in tax liability or increases in refund, and restricts filing during or after assessment, reassessment, search, survey or prosecution. The Finance Bill, 2026 proposes to amend section 263(6) to allow filing an updated return where the taxpayer reduces the amount of loss claimed in a duly filed return of loss, and to make parallel amendments to the Income-tax Act, 1961.
    NewsBill
    Show AI Summary
    Updated tax returns allowed in response to reassessment notices, with extra tax payable and penalty exclusion for that income.
    Permits furnishing an updated return in response to a reassessment notice within the notice period, precludes alternative filing in response to that notice, maintains existing restrictions on updated returns, and requires payment of prescribed additional income tax; where filed in pursuance of the notice an extra 10% of aggregate tax and interest is payable and that income will not form the basis for penalty.
    NewsBill
    Show AI Summary
    Foreign asset disclosure scheme for small taxpayers offers a time-bound window with tax/fee and limited immunity.
    The proposed FAST-DS 2026 provides a time bound window for small taxpayers to declare undisclosed foreign assets and foreign sourced income, requires payment of tax or a fee based on nature and source of acquisition, and grants limited immunity from penalty and prosecution under the Black Money Act for matters covered by the declaration, while excluding cases involving prosecution or proceeds of crime; the scheme is included in the Finance Bill, 2026 (Clauses 114-128) and will commence from a date notified by the Central Government.
    NewsBill
    Show AI Summary
    Relaxation of prosecution under the Black Money Act excludes small-value foreign assets from sections 49 and 50.
    The Finance Bill proposes that sections 49 and 50 of the Black Money Act will not apply to foreign assets (other than immovable property) where the aggregate value does not exceed twenty lakh rupees, thereby excluding prosecution for minor or inadvertent nondisclosures and aligning prosecution exposure with the Act's penalty framework; the amendment is to have retrospective effect from 1 October 2024.
    NewsBill
    Show AI Summary
    Union Budget 2026 27 proposes decriminalisation of tax offences, replacing rigorous terms with graded simple imprisonment and fines.
    Amendments to sections 473-485 and 494 recast many penalties from rigorous to simple imprisonment, cap most maximum terms at two years (with lower terms for subsequent offences), introduce fines in lieu of or alongside imprisonment, and adopt a tiered penalty structure tied to amounts of tax evaded-higher tiers permitting up to two years' simple imprisonment, intermediate tiers up to six months, and lower tiers limited to fines-while fully decriminalising selected offences and creating specific carve outs for certain TDS/TCS categories.
    NewsBill
    Show AI Summary
    Union Budget change limits block assessment period for third parties when undisclosed income pertains to a single tax year.
    Section 295 currently requires that seized material relating to undisclosed income of a person other than the specified person be handed to that person's AO and that the other person undergo block assessment with the same block period; the Finance Bill proposes amending Section 295(2) to limit the period of block for such third parties, particularly where the undisclosed income pertains to a single tax year, with effect for searches or requisitions initiated on or after 1 April 2026.
    NewsBill
    Show AI Summary
    Union Budget 2026-27 proposes using initiation of search as the trigger for block assessment and extending the period to eighteen months.
    The amendment replaces the last search authorization date with the initiation of search (or requisition) as the reference for computing the block-assessment limitation period and increases that period from twelve months to eighteen months, effective for searches or requisitions initiated on or after 1 April 2026.
    NewsBill
    Show AI Summary
    Penalties for certain compliance failures converted into graded fees with specified caps, effective April 1, 2026.
    Select penalties for technical compliance failures are converted into prescribed graded fees: audit-reporting failures replaced by fees of Rs. 75,000 and Rs. 1,50,000 depending on delay; failure to furnish accountant reports for international or specified domestic transactions replaced by fees of Rs. 50,000 and Rs. 1,00,000; and failure to furnish statements of financial transactions or reportable accounts is converted into a fee with an introduced upper limit of Rs. 1,00,000 for the post-notice daily levy. The amendments take effect from the tax year beginning 1 April, 2026.
    NewsBill
    Show AI Summary
    Union Budget changes penalty process: under-reporting penalties imposed within assessment order; interest charged post-appeal, effective April 2027.
    Penalties for under-reporting or misreporting are to be imposed within the assessment order to avoid multiple proceedings; consequential amendments align penalty, dispute resolution and recovery provisions. Interest under the tax recovery provision will be charged only after an appellate order by the first appellate authority or tribunal in appeals from dispute resolution forum orders.
    NewsBill
    Show AI Summary
    Increase in penalty for failing to comply with tax information requests from business premises to strengthen compliance.
    Amendment to section 466 raises the maximum penalty for non-compliance with section 254 information directions from Rs. 1,000 to Rs. 25,000, to enhance deterrence and voluntary compliance. The enhanced sanction is to be imposed by specified tax officers and takes effect from 1 April 2026, applying to tax year 2026-27 and subsequent years.
    NewsBill
    Show AI Summary
    Tax on unexplained income cut to 30% and penalty treatment moved into the misreporting under reporting regime.
    The proposal reduces the special tax charge on income determined as unexplained under sections 102-106 from 60% to 30% by amending section 195 and omits the standalone 10% penalty under section 443, subsuming penalty treatment into the under reporting/misreporting regime of section 439(11); the changes take effect from 1 April 2026 for tax year 2026-27 and thereafter.
    NewsBill
    Show AI Summary
    Union Budget expands taxpayer immunity to misreporting cases, allowing settlement by paying additional tax in lieu of penalty.
    Section 440 is to be amended to allow immunity from penalty and prosecution where under reporting arises from misreporting, subject to existing eligibility and procedural conditions. Immunity requires payment of additional income tax equal to 100% of the tax on such income; for income determined as unexplained credits/investments/assets the additional tax payable for immunity is 120%. The amendment is effective 1 April 2026 for tax year 2026 27 onward.
    NewsBill
    Show AI Summary
    Amendment expands tax immunity to cover under reporting that results from misreporting, subject to existing procedural conditions.
    Amendment extends the existing immunity from penalty and prosecution to cases where under reporting of income results from misreporting, subject to existing conditions: payment of tax and interest within the demand period, no appeal against the assessment, timely filing of an immunity application within one month, and assessing officer decision on the application within three months.
    NewsBill
    Show AI Summary
    Cooperative societies: deduction allowed on dividends from other cooperatives in new tax regime; limited federal cooperative relief.
    Deduction is extended to dividends received by cooperative societies from other cooperative societies in the new tax regime, limited to amounts distributed to members. Notified federal cooperatives may claim a temporary deduction for dividends from companies for three years, restricted to investments made by the federal cooperative on or before 31.01.2026 and distributed to members. The amendment is effective from 1 April 2026 and applies to the tax year 2026-27 and subsequent years.
    NewsBill
    Show AI Summary
    Union Budget expands deduction to include cattle feed and cotton seeds under section 149(2)(b) for primary co operative societies.
    Amendment expands section 149(2)(b) to permit full deduction of profits and gains of a primary co-operative society where members supply cattle feed and cotton seeds to a federal co-operative society, Government, local authority, Government company, or corporation engaged in the same business, applying from the tax year beginning 1 April 2026.
    NewsBill
    Show AI Summary
    Inclusion of multi-state co-operative societies in the co-operative society definition for tax purposes from April 2026.
    Amendment expands the statutory definition of co-operative society to expressly include societies registered under the Multi-State Cooperative Societies Act, 2002, thereby bringing multi state registered cooperatives within the legal category subject to provisions applicable to co-operative societies under the Act.
    NewsBill
    Show AI Summary
    Advance pricing agreements now allow associated enterprises to file modified returns within three months for covered tax years.
    Where income is modified as a result of an advance pricing agreement entered into with any person, that person or any associated enterprise may furnish a return or modified return limited to the agreement, within three months from the end of the month in which the agreement was entered into, in respect of tax years covered by such agreement entered on or after 1 April 2026 for tax years beginning 1 April 2026 and subsequent tax years.
    NewsBill
    Show AI Summary
    Exemption for foreign companies on income from procuring data centre services if routed through an Indian reseller.
    A foreign company is exempt from Indian tax on income arising from procuring data centre services from a specified data centre, provided services to India users are routed through an Indian reseller; a specified data centre must be set up under an approved scheme notified by the Ministry of Electronics and Information Technology and be owned and operated by an Indian company; the exemption applies from the tax year beginning 1 April 2026 through the tax year ending 31 March 2047.
    NewsBill
    Show AI Summary
    Prospecting of critical minerals now qualifies for deferred tax deduction over ten years under expanded schedule provisions.
    The schedule is amended to add critical minerals so that expenditure on prospecting and exploration of those minerals qualifies for the statutory deferred deduction available to resident taxpayers, with such expenses deductible over ten years from the year of commercial production and covering costs incurred in that year and up to four preceding years.

    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 208 "Tax on income from units purchased in foreign currency or capital gains arising from their transfer." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      5 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 208 Tax on income from units purchased in foreign currency or capital gains arising from their transfer.

      Income-tax Act, 2025

      At a Glance

      The provided document is Clause 208 of the Income Tax Bill, 2025 - (Old Version), titled "Tax on income from units purchased in foreign currency or capital gains arising from their transfer." It prescribes special tax treatment for "overseas financial organisations" investing in specified Indian units. The provision affects offshore funds and, indirectly, specified mutual funds and public financial institutions. Effective date or enactment timing: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 208 is located in the Bill under the heading "Special provisions relating to non-residents and foreign company." It provides a targeted tax regime for an "overseas financial organisation" (Offshore Fund) that invests in India under arrangements with specified Indian entities and with SEBI approval. The clause covers income received in respect of units purchased in foreign currency, long-term capital gains on transfer of such units, and the balance of total income. Definitions provided in the clause include "overseas financial organisation," "public financial institution" (by reference to section 2(72) of the Companies Act, 2013), and "unit" (unit of a mutual fund specified in Schedule VII or the Unit Trust of India). Contextual policy objectives: Not stated in the document.

      Statutory Provision Mode

      Text & Scope

      The clause creates a composite tax structure for Offshore Funds. The tax payable is determined by a table with three categories:

      • Income received in respect of units purchased in foreign currency - Income-tax payable stated as "10%."
      • Long-term capital gains arising from transfer of such units - Income-tax payable stated as "12.5%."
      • "Total income as reduced by income referred to in against serial numbers 1 and 2" - tax treatment described as "Income-tax chargeable on such income."

      Paragraph (2) addresses deduction limitations: where the Offshore Fund's gross total income consists only of the unit income or long-term capital gains (or both), no deductions are allowed u/ss 26-61 or section 93(1)(a) and (e) or under Chapter VIII. If gross total income includes such income along with other income, the clause requires that the gross total income be reduced by the unit incomes for the purpose of allowing Chapter VIII deductions "as if" the reduced gross total income were the fund's gross total income.

      Interpretation

      The clause establishes a preferential/segregated tax treatment for certain categories of income of Offshore Funds rather than taxing the whole global income under general rates. The table reflects source-specific rates (10% and 12.5%) and contemplates residual income taxed under ordinary provisions. The language in paragraph (1) as drafted in the Bill treats the column C entries as amounts payable; given those are percentages, interpretation requires reading them as rates. The clause also attempts to ring-fence specified incomes for limited deduction access, suggesting a legislative intent to limit deduction claims against the preferred categories. Legislative intent beyond the text: Not stated in the document.

      Exceptions/Provisos

      Paragraph (2) provides the principal exception: where the fund's gross total income consists solely of the specified unit incomes, the clause disallows a broad swathe of deductions (sections 26-61, section 93(1)(a) & (e), and Chapter VIII). Where specified incomes form part of a mixed income stream, the specified incomes are to be segregated out for deduction computation purposes so that Chapter VIII deductions are allowed on the residual gross total income. Any other provisos or carve-outs: Not stated in the document.

      Illustrations

      • Example 1: An Offshore Fund has only income of 10 million INR from units purchased in foreign currency. Under the clause, that income would be subject to 10% tax; no deductions u/ss 26-61 or Chapter VIII would be allowable. The document does not state whether tax computation permits exemptions or credits; hence further computation specifics: Not stated in the document.
      • Example 2: An Offshore Fund has 10 million INR of unit income (subject to 10%) and 2 million INR of other income. The clause directs that the gross total income be reduced by the unit income for deduction purposes and that Chapter VIII deductions be allowed as if the reduced gross total income (2 million) were the gross total income. The document does not state how Chapter VIII deductions interact with other statutory reliefs or whether the 10% rate applies after or before such segregation for other taxes: Not stated in the document.

      Interplay

      The clause cross-references several statutory provisions: section 93(1)(a)/(e), Chapter VIII (deductions), sections 26-61, and the Companies Act definition for "public financial institution" (section 2(72)). It also references Schedule VII entries for identifying eligible mutual funds and requires SEBI approval for the arrangement. No implementing Rules, Notifications, or Circulars are cited in the Bill text provided. Where interaction with other tax provisions or double taxation treaties may arise: Not stated in the document.

      Differences Between Section 208 of the Income-tax Act, 2025 and Clause 208 of the Income Tax Bill, 2025 - (Old Version) and Practical Impact

      The two texts are substantially similar in structure and substantive content. Key textual differences and their practical impact are as follows:

      • Terminology for tax computation (Table column heading): The Act version (Section 208) states "Rate of income-tax payable" in column C, whereas the Bill (Clause 208 old version) uses "Income-tax payable" and, for item 3, "Income-tax chargeable on such income."
        • Practical impact: None substantive - both convey that fixed rates apply for specified incomes and the prevailing rates apply to the balance; the Act wording is marginally clearer in signalling rate-based computation.
      • References to section numbers for disallowance/deductions: Section 208 (Act) disallows deductions under "sections 28 to 58, 60 and 61 or section 93(1)(a) or (e) or under Chapter VIII"; Clause 208 (Bill) disallows deductions under "sections 26 to 61 or section 93(1)(a) and (e) or under Chapter VIII."
        • Practical impact: Potential substantive difference - the Bill's broader range (sections 26-61) would exclude more deductions if it were applied; the Act's narrower list (28-58, 60, 61) narrows the exclusion. If the Act text is authoritative, certain deductions falling in sections 26-27 or 59 would remain available; conversely, the Bill's earlier drafting would have disallowed those. The provided materials do not state legislative intent for this change.
      • Computation language for aggregate tax: Section 208(1) (Act) states the tax "shall be the aggregate of income-tax computed at the rate specified in the column C applied on the corresponding income specified in column B." The Bill phrasing said "shall be the aggregate of the amount specified in column C thereof."
        • Practical impact: The Act wording better describes rate application (rate x income); the Bill wording could be read as implying fixed amounts in column C. However, because column C contains percentage figures, the Act wording reduces ambiguity. The documents do not state any consequential computational rules beyond the table.

      Practical Implications

      • Compliance and risk areas grounded in the clause: Offshore Funds must establish that (i) the investment arrangement is with an eligible public sector bank, public financial institution or specified mutual fund; and (ii) the arrangement has SEBI approval. The clause conditions preferential tax treatment on these qualifying facts; documentation and SEBI approval evidence will be material. Any procedural details or documentary standards: Not stated in the document.
      • Record-keeping/evidence points suggested by the text: maintain records of the arrangement with Indian entities, SEBI approval, characterization of units as "purchased in foreign currency," computation segregating incomes and application of the specified rates. The clause does not prescribe exact records or timeframes for retention: Not stated in the document.

      Key Takeaways

      • Clause 208 creates a separate tax regime for Offshore Funds investing in specified Indian units with SEBI-approved arrangements.
      • Specified incomes are taxed at 10% (income from units purchased in foreign currency) and 12.5% (long-term capital gains on transfer of such units); other income is taxed under ordinary provisions.
      • Deductions are broadly restricted where an Offshore Fund's gross total income consists solely of the specified incomes (disallowance stated for sections 26-61, section 93(1)(a) & (e), and Chapter VIII).
      • Where specified incomes coexist with other income, the clause requires segregation so Chapter VIII deductions apply to the residual income "as if" that residual were the gross total income.
      • Definitions and eligibility pivot on arrangements with specified Indian entities and SEBI approval; precise procedural and evidentiary requirements are not set out in the Bill text.
      • Certain drafting differences between the Bill and the later Act text (e.g., the range of sections listed for disallowance and the phrasing of tax computation) may affect deduction availability and interpretive clarity.

      Full Text:

      Section 208 Tax on income from units purchased in foreign currency or capital gains arising from their transfer.

      Topics

      ActsIncome Tax