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 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
    Manuals Income Tax
    I have a handicapped dependent who is my cousin ( Daughter of my mother’s sister). She is complete...
    Manuals Income Tax
    Mr. X is a pensioner and his pension is less than his son’s salary. His daughter is a disabled dep...
    Manuals Income Tax
    Who can be your disabled dependent?
    Manuals Income Tax
    What is considered as disability and Severe Disability?
    Manuals Income Tax
    If office deducts salary for medical insurance for employee and his family, whether the employee can...
    Manuals Income Tax
    Can somebody having invested the amount from income exempt from tax or by taking loan, claim deducti...
    Manuals Income Tax
    An individual assessee pays (through any mode other than cash) during the previous year medical insu...
    Manuals Income Tax
    Part contribution ?
    Manuals Income Tax
    Mr A, new retail investor has invested in listed equity share/units of equity oriented fund of Rajiv...
    Manuals Income Tax
    X deposit 1,10,000 in PPF & made a contribution of 410,000 to annuity policy of LIC (eligible for de...
    Manuals Income Tax
    X deposit 41,000 in PPF & made a contribution of 1,10,000 to annuity policy of LIC (eligible for ded...
    Manuals Income Tax
    Suppose Mr. has paid premium of 25,000 for policy A taken on 30th June 2011 (sum assured 2,00,000) a...
    Manuals Income Tax
    I and my wife both paid for education of our one child. My wife paid 70,000 and I paid 1,60,000 can ...
    Manuals Income Tax
    Can I claim deduction u/s 80C of Income tax Act, 1961 for my adopted child’s school fees?
    Manuals Income Tax
    What are the inclusions and exclusions in Tuition Fees?
    Manuals Income Tax
    Example illustrating the Rule of Residence for an Individual for the Assessment year 2015-16
    Manuals Income Tax
    Example:-During the previous year ending 31st March, 2013, X, a salaried employee received ₹ 1...
    Manuals Income Tax
    Example:-The employer sells the following assets to the employees on 1st January 2015. Car to Z for...
    Manuals Income Tax
    Example:-. On 15th October 2014, the company gives its music system to Y for domestic use. Ownershi...
    Manuals Income Tax
    Example:-X owns car (1400cc). He uses it partly for official purposes and partly for private purpose...
❯❯
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
Manuals Income Tax
Show AI Summary
Deduction under section 80DD: a cousin does not qualify as a dependent for claiming the deduction.
The statutory dependent definition limits eligible relatives to spouse, children, parents, brothers, sisters, spouse's siblings, and parents' siblings; a cousin (daughter of mother's sister) is excluded, so expenses for her maintenance and medical treatment cannot be claimed as a deduction.
Manuals Income Tax
Show AI Summary
Disability deduction eligibility: a dependent sibling may claim 80DD deduction if financially supporting the disabled dependent.
An Assessing Officer's objection that the son cannot claim the deduction because Mr. X receives pension is incorrect. Deduction under section 80DD covers dependents including brothers and sisters; the son may claim the deduction if the disabled daughter is dependent on him. The son should furnish an undertaking from Mr. X confirming the daughter's dependency on the son rather than on Mr. X.
Manuals Income Tax
Show AI Summary
Disabled dependent eligibility for income tax deductions requires relatives or HUF members to be wholly or mainly dependent.
Eligibility for deductions requires that the disabled person be wholly or mainly dependent on the claimant for support and maintenance. For individuals, eligible dependents include spouse, children, parents, brothers and sisters. For a HUF, any member of the HUF may be treated as a disabled dependent for claiming the deduction.
Manuals Income Tax
Show AI Summary
Disability definition sets qualifying conditions and severity thresholds for income-tax deductions for specified impairments under tax law.
Definition of disability for income-tax deductions under sections 80DD and 80DDB follows the Persons with Disabilities Act, 1995, listing impairments such as blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation, mental illness, autism, cerebral palsy and multiple disabilities; a person is considered disabled when impairment is not less than 40%, and severe disability is an impairment of 80% or more, which determine eligibility for the specified deductions.
Manuals Income Tax
Show AI Summary
Health insurance deduction allowed when employee bears premium paid non-cash and obtains employer certificate confirming the deduction.
A deduction under section 80D is available where the employee has paid medical insurance premiums for himself and/or his family by a non-cash mode; the employee should obtain an employer's certificate confirming deduction of the amount for medical insurance purposes.
Manuals Income Tax
Show AI Summary
Deduction under section 80D requires payment from taxable income; payments from exempt income or loans disqualify.
Deduction under section 80D is available only where the payment is made out of income chargeable to tax; payments from tax-exempt income or from borrowed funds do not qualify for the deduction.
Manuals Income Tax
Show AI Summary
Medical insurance deduction under 80D varies by parental senior citizen status, affecting combined family and parental premium allowances.
Deduction under 80D allows an individual who pays medical insurance premiums other than in cash to claim a deduction for premiums for the assessee, spouse and dependent children as one component and for parental premiums as a separate component; the total allowable deduction depends on whether any parent is a senior citizen, with a higher combined deduction if a parent is a senior citizen.
Manuals Income Tax
Show AI Summary
Deduction under section 80D: contributors who pay health insurance premiums non cash may claim proportional deductions
Contributors who partly pay health insurance premiums may each claim a deduction equal to the amount they actually paid, provided each share is paid directly to the insurer and by a mode other than cash; in such cases each payer may claim the deduction against their respective taxable income.
Manuals Income Tax
Show AI Summary
Deduction under 80CCG limited by eligible investment percentage and income threshold, with recapture on scheme violation.
Deduction under the Rajiv Gandhi Equity Savings Scheme is computed as a percentage of eligible investments in listed equity shares and equity oriented fund units but is restricted by a monetary ceiling; sale of previously qualifying units can breach scheme conditions and cause partial recapture as taxable income; exceeding the prescribed gross total income threshold disqualifies the taxpayer from claiming the deduction for that year.
Manuals Income Tax
Show AI Summary
Deduction under section 80CCE limits combined 80C and 80CCC claims for contributions to savings instruments.
Contributions to Public Provident Fund and an annuity policy eligible under Section 80CCC are deductible but subject to the aggregate ceiling under Section 80CCE; when combined eligible deductions across Sections 80C and 80CCC exceed the statutory limit, the deductible amount is restricted to that ceiling and any excess is disallowed.
Manuals Income Tax
Show AI Summary
Aggregate deduction under section 80CCE limits combined 80C and 80CCC contributions to the statutory overall ceiling.
Contributions to a public provident fund and annuity policy premiums are aggregated and the deductible amount is the lesser of the combined eligible contributions and the statutory aggregate ceiling; when the combined total exceeds that ceiling, the deduction is restricted to the statutory limit.
Manuals Income Tax
Show AI Summary
Deduction under 80C: eligible life insurance premiums allowed up to policy ceilings; excess disallowed; one policy's maturity taxable.
Deduction under Section 80C allows life insurance premiums up to policy wise ceilings based on a percentage of the sum assured. Policy A (sum assured 200,000) with a ceiling of 20% permits the full 25,000 premium as deductible; Policy B (sum assured 100,000) with a ceiling of 10% permits only 10,000 of the 12,000 premium as deductible. The total deduction equals the aggregate of eligible premiums, and Policy B's maturity proceeds are not exempt from tax.
Manuals Income Tax
Show AI Summary
Deduction under 80C: spouses can separately claim education-related deductions based on their individual contributions and limits.
Spouses who each make genuine payments toward a child's education may separately claim a deduction under deduction u/s 80C based on their respective contributions, with each spouse's claim limited by the statutory individual ceiling; the wife may claim her actual payment and the husband may claim up to the maximum permissible individual deduction.
Manuals Income Tax
Show AI Summary
Deduction under section 80C for adopted child's school fees permitted where the statute is silent on biological status.
Because 80C does not specify that the child must be biological, deductions for school fees paid for an adopted child are treated as permissible under the provision; the operative legal point is the statute's silence regarding the child's biological status.
Manuals Income Tax
Show AI Summary
Tuition fee deduction under 80C covers institutional tuition but excludes transport, hostel, library and private tuition charges.
Deduction under Section 80C allows tuition fee claims only for amounts paid to recognised educational institutions, including pre nursery, play school and nursery class fees; excluded are transport, hostel, mess, library and vehicle stand charges, late fees, part time and distance learning course fees, and private tuition.
Manuals Income Tax
Show AI Summary
Residence test for individuals sets presence and prior year stay thresholds determining resident status for income tax assessment.
Rule of residence for individuals for the assessment year 2015-16 uses presence-based thresholds and cumulative prior year conditions to determine resident in India status. Individuals are classified by category-those leaving for employment, visitors who are citizens or persons of Indian origin, and all other individuals-with each category subject to the single year presence test and, where applicable, an additional short term presence requirement plus multi year aggregation criteria assessing residence across preceding years.
Manuals Income Tax
Show AI Summary
Relief under Section 89(1): compare tax on receipt and accrual bases to determine relief for salary arrears and adjust current tax payable.
Relief for salary received in arrears or advance is determined by computing tax on the aggregate income on the receipt basis and comparing it with tax computed as if the income had been charged to the earlier year(s); the relief equals the difference. The example aggregates salary and arrears, applies standard and specified deductions, computes net income and tax for the years on receipt and accrual bases, and derives the relief amount which is then deducted from current year tax payable.
Manuals Income Tax
Show AI Summary
Perquisite valuation: employer sale of movable assets to employees taxed as written down value less sale consideration.
Taxable perquisite on employer sale of movable assets to employees is the difference between the employer's written down value (after applying depreciation to cost to reach the balance on the relevant date) and the sale consideration; the document demonstrates this by computing successive depreciated written down values for a car, computer and fridge and subtracting the sale prices to determine the perquisite amounts.
Manuals Income Tax
Show AI Summary
Use of movable assets perquisite taxed at prescribed annual percentage with pro rata computation for period of employer-provided use.
Use of moveable assets provided by an employer is a taxable perquisite valued by applying a prescribed annual percentage of the asset's cost, with a pro rata adjustment for the actual days of employee use within the year (annual percentage of cost x days of use/365).
Manuals Income Tax
Show AI Summary
Perquisite valuation for motor car under Rule 3(2): employer reimbursements reduced by official-use deduction, affecting taxable perquisite.
Valuation of a motor car perquisite requires deducting the official-use portion from employer reimbursements before treating the balance as a taxable perquisite; absent a log book a fixed deduction method is applied, while contemporaneous usage evidence permits apportionment of the reimbursement by the documented official-use percentage.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

whatsapp Join Channel
Showing Results for : Reset Filters

Comparison of section 261 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

9 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 261 Interpretation.

Income-tax Act, 2025

At a Glance

Clause 261 of the Income Tax Bill, 2025 (Old Version) sets out definitions used in the Chapter dealing with powers relating to search, seizure and requisition. It matters because definitional scaffolding determines the scope of search-and-seizure powers and the evidentiary status of electronic material; affected parties include taxpayers, authorised officers, and the Department. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 261 sits in Chapter XIV (as the note indicates) of the Income Tax Bill, 2025. It supplies definitions of expressions used for the purposes of the Chapter that regulates powers (search, requisition and related procedural mechanisms). The clause lists definitional meanings for "approving authority," "asset," "authorised officer," "competent authority," "computer system," "date on which the last of the authorisations for search was executed," "material seized," "proceeding" and "virtual digital space." The text provides definitions but no express legislative history or policy rationale. Any statutory cross-references explicitly stated are to section 247 and section 248 (for search and requisition), and to the Income-tax Act, 1961 in the "proceeding" definition.

Statutory Provision Mode

Text & Scope

The clause defines the following core terms:

  • Approving authority: enumerates senior posts (Principal Director General/Director General; Principal Chief Commissioner/Chief Commissioner; Principal Director/Director; Principal Commissioner/Commissioner).
  • Asset: defined as "any money, bullion, jewellery or other valuable article or thing, held in physical or virtual form." This is a broad property-oriented definition, purposely not limiting to corporeal assets.
  • Authorised officer: ranges from Joint Director/Additional Director through to Income-tax Officer/Tax Recovery Officer; this specifies the class of officers empowered under the Chapter.
  • Competent authority: similar enumeration to approving authority but broader, including Joint Director/Additional Director and Joint Commissioner/Additional Commissioner.
  • Computer system: broad language: "computers, computer systems, computer networks, computer resources, communication devices, digital or electronic data storage devices" whether stand-alone or networked, including remote server, cloud server or virtual digital space; describes both modes of use and examples of included infrastructure.
  • Date on which the last of the authorisations for search was executed: two alternatives:
    • (i) in the case of search, the date of conclusion as recorded in the last panchnama drawn for persons covered by a warrant;
    • (ii) in case of requisition u/s 248, the date of actual receipt of books, documents or assets by the requisitioning officer.
  • Material seized: defined expansively to include books of account, other documents, digital data storage devices, computer systems and extracts seized during searches u/s 247 or requisition u/s 248; explicitly mentions backups from specialised programmes and electronic records (tally, excel, word files) and says such material "shall be construed to mean as book of accounts maintained by the said person."
  • Proceeding: covers any proceeding in respect of any year whether under the Income-tax Act, 1961 or under this Act that may be pending on the date of authorisation of a search/requisition or completed on or before such date, and includes proceedings which may be commenced after such date.
  • Virtual digital space: defined as an environment created via computer technology, including email servers, social media accounts, online investment/trading/banking accounts, websites storing ownership details, remote/cloud servers, application platforms and similar spaces.

Interpretation

The clause evinces an interpretive approach that is expansive and technology-aware. "Asset" as "physical or virtual" and the separate definition of "virtual digital space" show intent to capture non-physical forms of value. The "computer system" definition emphasises functional coverage - whether standalone or networked - and expressly includes cloud and remote servers. The "material seized" provision equates seized electronic records/backups with books of account, indicating legislative intent to treat digital evidence on parity with traditional account books for purposes of assessment and proceedings. The "proceeding" definition adopts a temporal sweep, covering past, pending and future proceedings tied to the date of search/requisition.

Exceptions/Provisos

Not stated in the document.

Illustrations

  • If during a search (authorised u/s 247), an authorised officer seizes a company's cloud-hosted accounting backup, that backup would fall within "material seized" and be treated as books of account maintained by the company (consistent with the definition).
  • If a requisitioning officer u/s 248 takes physical custody of a server containing transaction logs on a stated date, the "date on which the last of the authorisations for search was executed" (for purposes of related provisions) would be the date of actual receipt of that server (as "assets").
  • An online trading account held on a digital application platform falls within "virtual digital space" and accordingly may be captured by definitions of assets or material when relevant to a search/requisition.

Interplay

The clause expressly references sections 247 and 248 as the operative powers under which material may be seized or requisitioned. It cross-links to the Income-tax Act, 1961 in defining "proceeding." The provision states that electronic backups and specialised programme data are to be treated as books of account for purposes of the Chapter; this creates an internal evidentiary linkage between digital material and statutory accounting records. No explicit references to rules, notifications or circulars are contained in the text.

Differences between the two provisions and practical impact

  • Terminology - "asset" includes "virtual digital asset": The Act (Document 1) expressly expands the definition of "asset" to include "virtual digital asset"; the Bill (Document 2) refers to "asset" as "any money, bullion, jewellery or other valuable article or thing, held in physical or virtual form" and does not explicitly use the phrase "virtual digital asset."
    • Practical impact: the Act's explicit inclusion of "virtual digital asset" clarifies legislative intent to capture cryptocurrencies and similar instruments; the Bill's broader but less explicit phrasing may leave room for interpretive disputes about whether specific crypto instruments fall within "virtual digital asset" or merely "virtual form" of an asset.
  • Scope of "material seized" vs "material seized or requisitioned": The Bill (Document 2) uses the heading "material seized" and describes items seized during search or requisition; the Act (Document 1) uses "material seized or requisitioned" as the term and expressly includes "computer systems" in the list and states that such material "shall be construed to mean as books of accounts maintained by the said person."
    • Practical impact: the Act clarifies that requisitioned material is explicitly included and equates seized electronic material to books of accounts, potentially broadening evidentiary reach and supporting treatment of electronic extracts as formal books; the Bill's framing is marginally narrower or less explicit on that declaratory equivalence.
  • Inclusion of "electronic form" and "electronic record" cross-references: The Act (Document 1) contains specific sub-clauses (g) and (h) that adopt terms from the Information Technology Act, 2000; the Bill (Document 2) does not include corresponding sub-clauses labelled (g) and (h) for those exact cross-references (in the Bill numbering, (g) is used for "material seized" and (h) for "proceeding").
    • Practical impact: the Act's explicit cross-references to the IT Act clarify that statutory notions of electronic documents and records are to be read consistently with established definitions; the Bill is less explicit about adopting those statutory definitions, possibly creating interpretive friction as to whether IT Act definitions are imported.
  • "Proceeding" definition present in the Bill but absent in the Act text provided: The Bill includes a definition of "proceeding" (Document 2, clause (h)) describing what proceedings are covered (including references to the Income-tax Act, 1961 and proceedings pending or completed on the date of search/requisition). The Act excerpt (Document 1) as provided does not contain that "proceeding" definition.
    • Practical impact: retention of an express "proceeding" definition in the Bill would have clarified temporal and substantive reach of actions triggered by searches/requisitions; its absence from the Act extract may mean either omission in the Act or that it is located elsewhere-if absent, scope of covered proceedings may be less explicitly delimited, creating uncertainty over retrospective or prospective application to earlier or later proceedings.
  • Computer system / computer resources phrasing: Both texts define "computer system" broadly, but the Bill starts with "computers, computer systems" and the Act begins with "computers, computer networks," etc. The Act explicitly repeats "computer resources, communication devices, digital or electronic data storage devices" and again includes "virtual digital space."
    • Practical impact: differences are largely stylistic; both convey a broad technological reach. The Act's inclusion of "virtual digital space" in the computer system clause and as a separate defined term strengthens the capture of cloud and online environments.
  • Requisition wording in definition of the date on which last authorisation was executed: The Bill's clause (f)(ii) refers to "actual receipt of the books of account or other documents or assets by the requisitioning officer"; the Act's clause (f)(ii) expands that to "books of account or other documents or computer system or assets."
    • Practical impact: the Act's explicit inclusion of "computer system" in what may be requisitioned tightens the statutory basis for claiming a requisitioned server or digital environment was effectively taken on a given date; the Bill might have been read to focus more on physical assets or documents.

Practical Implications

  • Compliance and risk areas: Taxpayers with digital records or holdings in virtual spaces should expect those records to be treated as books of account when seized or requisitioned. The broad definition of "computer system" and "virtual digital space" increases the Department's practical reach into cloud servers, social media accounts and online financial platforms during investigations.
  • Record-keeping/evidence points: Entities should maintain clear, verifiable backups and audit trails for accounting software, spreadsheets and electronic records since the statute singles out backups from specialised programmes. Documentation that demonstrates provenance and linkage between digital files and formal accounts will be relevant where seized material is used as books of account.

Key Takeaways

  • Clause 261 supplies a broad, technology-inclusive set of definitions to govern search, seizure and requisition powers in the Chapter.
  • "Material seized" explicitly includes digital backups and computer systems and is to be construed as books of account, elevating electronic records to evidentiary parity with traditional accounting records.
  • "Virtual digital space" is comprehensively defined to include email servers, social media, online investment/trading/banking accounts, websites holding ownership details, remote/cloud servers and application platforms.
  • "Proceeding" is defined to cover proceedings under the Income-tax Act, 1961 and the new Act, including pending, completed or subsequent proceedings linked to the date of search/requisition.
  • The clause casts a wide net over digital environments and assets, signalling administrative emphasis on accessing electronic data during tax investigations.

Full Text:

Section 261 Interpretation.

Topics

Acts Income Tax