Just a moment...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
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
  6. The system will try to fetch results that contains ALL your words.
  7. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
    8. 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
    How Much Time Revised Return Can Be Revised?
    Manuals Income Tax
    Can Revised Return Substitute Original Return?
    Manuals Income Tax
    Is It Possible To File Auditor Report With Revised Return?
    Manuals Income Tax
    Whether Assessment Made Under Section 143(1) Would Be Considered as Assessment For Revised Return?
    Manuals Income Tax
    X Ltd., closely held company issues 1,000 shares to Mr. A (resident) whose face value is 10, issue p...
    Manuals Income Tax
    X Ltd., closely held company receives shares of A Ltd. (a listed public company) for 10,000 whose fa...
    Manuals Income Tax
    Example: 3) X gets by way of gift a plot of land in Pune from a partnership firm. The partnership fi...
    Manuals Income Tax
    Example: 2) X gets a gift of 43,000 from C, who is cousin of his father and he also gets a gift of 2...
    Manuals Income Tax
    Example: 1) X purchases a house property situated in Nagpur from A on 31st March, 2013. The purchase...
    Manuals Income Tax
    Example:- Loan Taken on 01-05-2006 of ₹ 5,00,000. Construction ends on 07-09-2012. Rate of int...
    Manuals Income Tax
    Example: 4) The details of House property are as follows: Municipal value: 80,000, Fair rent: 78,00...
    Manuals Income Tax
    Example: 3) The details of House property are as follows: Municipal value: 60,000, Fair rent: 65,00...
    Manuals Income Tax
    Example: 2) The details of House property are as follows: Municipal value: 60,000, Fair rent: 68,00...
    Manuals Income Tax
    Example: 1)The details of House property are as follows: Municipal value: 60,000, Fair rent: 68,000...
    Manuals Income Tax
    What does building or land appurtenant includes?
    Manuals Income Tax
    Mr. Ram annually earns ₹ 3,00,000 (after all deductions) and pays an annual rent of ₹ 1,...
    Manuals Income Tax
    Documentation required for claiming deduction U/s. 80G?
    Manuals Income Tax
    Deduction if donation deducted from Salary and donation receipt certificate is on the name of employ...
    Manuals Income Tax
    Whether donations made to foreign trusts qualify for deduction under this section?
    Manuals Income Tax
    What are the specified diseases and ailments for the purpose of deduction under section 80DDB?
❮
❯
❯❯
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:

Open Link
Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Manuals Income Tax
How Much Time Revised Return Can Be Revised?
Show AI Summary
Revised return can be filed multiple times within the limitation period when omissions or errors are discovered in the original filing.
An assessee may file a revised return multiple times so long as each revision is within the applicable limitation period and corrects an omission or wrong statement discovered in the earlier return, permitting successive amendments prior to expiry of the statutory time bar.
Manuals Income Tax
Can Revised Return Substitute Original Return?
Show AI Summary
Revised return substitutes the original return, while mere corrections leave the original filing intact for assessment.
A validly filed revised return withdraws and substitutes the original return for assessment purposes; corrections or amendments made to a filed return without filing a revised return do not change the filing's character and therefore do not effect such substitution.
Manuals Income Tax
Is It Possible To File Auditor Report With Revised Return?
Show AI Summary
Auditor's report: may be filed with a revised return to rectify omission from the original tax return.
Where an assessee obliged to furnish an auditor's report with its income tax return fails to submit it with the original filing, the auditor's report may be furnished subsequently with the revised return, permitting rectification of that omission under the return amendment regime.
Manuals Income Tax
Whether Assessment Made Under Section 143(1) Would Be Considered as Assessment For Revised Return?
Show AI Summary
Assessment under section 143(1) not an assessment; revised return filed after intimation remains valid for consideration.
An intimation issued under section 143(1) is procedural and does not constitute a formal assessment; therefore a revised return filed after such an intimation but within the statutory period must be treated as duly filed and considered by the Assessing Officer.
Manuals Income Tax
X Ltd., closely held company issues 1,000 shares to Mr. A (resident) whose face value is 10, issue p...
Show AI Summary
Share premium taxation under Section 56(2)(viib): excess consideration over fair market value is taxable on closely held companies.
Taxability of share premium for a closely held company turns on whether consideration per share exceeds fair market value; if FMV exceeds consideration (FMV 42, consideration 40) no tax arises, whereas if consideration exceeds FMV (consideration 40, FMV 31) the excess per share (9) is taxable under the provision governing share premium receipts.
Manuals Income Tax
X Ltd., closely held company receives shares of A Ltd. (a listed public company) for 10,000 whose fa...
Show AI Summary
Taxability of discounted transfers to closely held companies: listed company shares are excluded from gift inclusion, so not taxable.
Receipt of listed public company shares by a closely held company for consideration below fair market value does not attract tax under the provision addressing gifts to firms and closely held companies, because shares of a listed company are excluded from that inclusion and therefore are not characterized as taxable income from other sources under that rule.
Manuals Income Tax
Example: 3) X gets by way of gift a plot of land in Pune from a partnership firm. The partnership fi...
Show AI Summary
Taxability of gifts: transfers from a partnership firm to an individual are taxable when the firm is not a relative.
A gift of immovable property from a partnership firm to an individual is taxable under the gift provisions because a partnership firm is not a "relative" even if the partners are relatives; the stamp duty valuation of the plot is noted for valuation reference.
Manuals Income Tax
Example: 2) X gets a gift of 43,000 from C, who is cousin of his father and he also gets a gift of 2...
Show AI Summary
Taxability of gifts: gifts received from non-relatives are taxable under the gifts provision, not excluded as relative transfers.
Gifts received by an individual or HUF from persons who do not qualify as "relatives" are taxable as income from other sources; in the example, gifts from a father's cousin and from the recipient's grandfather's elder brother are excluded from the relative exemption and the aggregate amount received from those non-relatives is taxable.
Manuals Income Tax
Example: 1) X purchases a house property situated in Nagpur from A on 31st March, 2013. The purchase...
Show AI Summary
Gift taxation: stamp duty valuation excess over purchase price becomes taxable from the amendment's effective date under income rules.
The amendment taxes, as Income from Other Sources, the difference between stamp duty value and actual purchase price where consideration is below stamp duty valuation, applying only from the amendment's effective date; transactions concluded prior to that date are not subject to this valuation-based charge.
Manuals Income Tax
Example:- Loan Taken on 01-05-2006 of ₹ 5,00,000. Construction ends on 07-09-2012. Rate of int...
Show AI Summary
Pre-construction interest deduction allows spreading pre-acquisition interest across subsequent assessment years, with current-year interest treated separately.
Pre-construction interest under Sec. 24 is computed for the period from loan drawal to the day before completion; the total pre-construction interest (here computed as principal x months x rate) is capitalised and apportioned equally across the prescribed subsequent assessment years as the annual deduction. Interest accruing in the fiscal year of completion is allowed in that year and amounts accruing between the fiscal year start and actual completion date are excluded from the pre-construction spread.
Manuals Income Tax
Example: 4) The details of House property are as follows: Municipal value: 80,000, Fair rent: 78,00...
Show AI Summary
Gross Annual Value calculation: vacancy adjustment reduces taxable house property value under applicable law provision.
Annual Lettable Value is the higher of Municipal Value or Fair Rent but capped by Standard Rent, fixed here at 80,000. Annual receipts excluding unrealised rent are 54,000. Deducting vacancy loss of 18,000 from the Annual Lettable Value produces a Gross Annual Value of 62,000 as the taxable base for house property income.
Manuals Income Tax
Example: 3) The details of House property are as follows: Municipal value: 60,000, Fair rent: 65,00...
Show AI Summary
Gross Annual Value under Section 23 caps assessed value at standard rent; vacancy adjustment affects the GAV calculation.
Gross Annual Value under Section 23 applies the higher of municipal value or fair rent but not exceeding standard rent (63,000) as the Actual Lettable Value; after excluding unrealised rent and adjusting for vacancy, the Annual Rent Receivable is 42,000, taken as the Gross Annual Value under the cited provision.
Manuals Income Tax
Example: 2) The details of House property are as follows: Municipal value: 60,000, Fair rent: 68,00...
Show AI Summary
Gross Annual Value rule for house property: higher of municipal or fair rent subject to standard rent cap.
Determination of Gross Annual Value requires taking the higher of municipal value or fair rent as the annual lettable value, provided it does not exceed the standard rent; the Gross Annual Value is then the greater of this lettable value and the actual annual rent received excluding unrealised rent.
Manuals Income Tax
Example: 1)The details of House property are as follows: Municipal value: 60,000, Fair rent: 68,000...
Show AI Summary
Gross Annual Value rule: ALV equals the higher of municipal value or fair rent but capped at standard rent.
Annual Letting Value (ALV) is the higher of municipal value and fair rent but capped at the standard rent; with municipal value 60,000, fair rent 68,000 and standard rent 62,000 the ALV (and Gross Annual Value under the cited clause) is 62,000. Annual rent received excluding unrealised rent is 60,000, which is recorded separately from the statutory ALV used to determine Gross Annual Value.
Manuals Income Tax
What does building or land appurtenant includes?
Show AI Summary
Building and land appurtenant defined: includes residential and commercial structures and adjoining land like gardens.
For house property chargeability, building includes residential, factory, office, shop, godown and other commercial premises, while land appurtenant means land connected with the building such as gardens and garages, establishing which assets constitute house property for income assessment.
Manuals Income Tax
Mr. Ram annually earns ₹ 3,00,000 (after all deductions) and pays an annual rent of ₹ 1,...
Show AI Summary
Deduction under Section 80GG determined as the least of three statutory measures; example illustrates rent-based cap applies.
Deduction under Section 80GG is the least of: (1) Rs. 2,000 per month (Rs. 24,000 per annum); (2) rent paid less 10% of total income; and (3) 25% of total income. In the supplied example with total income of Rs. 3,00,000 and rent paid Rs. 1,50,000, the three measures are Rs. 24,000; Rs. 1,20,000; and Rs. 75,000 respectively, so Rs. 24,000 is the allowable deduction under the prescribed formula.
Manuals Income Tax
Documentation required for claiming deduction U/s. 80G?
Show AI Summary
Deduction under 80G requires a stamped receipt showing the trust's registration number and valid registration on donation date.
Deduction u/s. 80G requires a stamped receipt evidencing the donation that records the trust's registration number for 80G, and the trust's registration must be valid on the date the donation is made; lacking validity or the registration number on the receipt affects entitlement to the deduction.
Manuals Income Tax
Deduction if donation deducted from Salary and donation receipt certificate is on the name of employ...
Show AI Summary
Donation deduction eligibility: employer certificate confirming salary deduction enables employee claim of 80G deduction on donations.
Employees may claim a deduction under 80G where the employer provides a certificate stating the contribution was made from the employee's salary account; that employer statement operates as the operative documentary basis for the employee's deduction claim even if the donation receipt is in the employer's name.
Manuals Income Tax
Whether donations made to foreign trusts qualify for deduction under this section?
Show AI Summary
Deductibility of donations: eligibility hinges on whether the recipient trust meets qualifying donee and compliance requirements.
Whether donations to foreign trusts qualify for deduction under section 80G is a focused eligibility question hinging on whether the recipient trust is a qualifying donee and whether its registration, recognition, domicile or jurisdictional status and accompanying documentary proof and procedural compliance satisfy the statutory conditions for claiming a deduction.
Manuals Income Tax
What are the specified diseases and ailments for the purpose of deduction under section 80DDB?
Show AI Summary
Deduction for specified diseases: treatment costs for listed serious neurological, oncological, renal and hematological ailments qualify.
Deduction for medical treatment is available for specified diseases and ailments: neurological disorders (including certified disability of 40% or above, dementia, dystonia musculorum deformans, motor neuron disease, ataxia, chorea, hemiballismus, aphasia, Parkinson's), malignant cancers, full blown AIDS, chronic renal failure, and hematological disorders such as hemophilia and thalassaemia.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Home › TMI Notes › Income Tax › Act-Rules › Category › This
Back

All TMI Notes

whatsapp Join Channel
Showing Results for : Reset Filters
Income Tax

Comparison of section 337 "Specified income." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

11 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Print Options

Section 337 Specified income

Income-tax Act, 2025

At a Glance

This document is Clause 337 of the Income Tax Bill, 2025 (Old Version), which defines "specified income" of a registered non-profit organisation and prescribes the tax year in which each category of specified income is taxable. It matters to registered non-profit organisations, tax authorities, and advisers overseeing compliance and application of tax exemptions. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hook: Clause 337 of the Income Tax Bill, 2025 (Old Version). The clause sets out a table enumerating categories of "specified income" of a registered non-profit organisation and prescribes the tax year in which each category is to be taxed. Definitions: The text does not provide standalone definitions for "registered non-profit organisation," "specified income," or other terms beyond the entries in the table. Not stated in the document: legislative purpose, explanatory notes, or effective date.

Statutory Provision Mode

Text & Scope

Clause 337 lists 11 categories of income that qualify as "specified income" for registered non-profit organisations and assigns the taxable year for each category. The categories include: (1) anonymous donations (with an exclusion up to Rs.1,00,000 or 5% of donations), (2) income applied for benefit of related persons, (3) income applied outside India contrary to section 338(a), (4) investments made contrary to section 350 out of various funds, (5) deemed corpus donations violating section 340 conditions, (6) accumulated income applied to non-charitable/religious purposes, (7) accumulated income ceasing to be set apart for specified purposes u/s 342(1), (8) accumulated income not utilised within the period specified in section 342(1), (9) accumulated income credited or paid to another registered non-profit organisation, (10) income applied to purposes other than those for which the organisation is registered, and (11) income determined by the Assessing Officer u/s 344 in excess of income shown in books of a business undertaking.

Interpretation

The clause adopts a categorized, prescriptive approach: each identified event or failure resulting in income losing its non-taxable character is captured and linked to the tax year when taxation will arise. The text implies a legislative intent to specify distinct triggers for taxation of amounts that otherwise might be treated as exempt or charitable receipts. Specific interpretive guidance (e.g., definitions of "related person" or computation method) is not provided beyond cross-references; where procedural computation is required the clause says "computed in the manner, as prescribed" indicating delegated rules are expected. Not stated in the document: any legislative history or materials explaining the choice of triggers.

Exceptions/Provisos

The clause contains limited carve-outs: the anonymous donation rule excludes donations up to Rs.1,00,000 or 5% of total donations (whichever is higher) and exempts anonymous donations received by organisations "created or established wholly for religious purposes." No other explicit exceptions or provisos appear in Clause 337. Not stated in the document: any special thresholds for other items, or transitional provisions.

Illustrations

  • Example 1: A registered non-profit organisation receives an anonymous donation of Rs.50,000 in a tax year and total donations in that year are Rs.10,00,000. Threshold (Rs.1,00,000 or 5% of total donations = Rs.1,00,000 vs Rs.50,000) - the donation equals Rs.50,000 which is below Rs.1,00,000, so it is excluded from specified income. Not stated in the document: treatment beyond this illustration (e.g., reporting procedure).
  • Example 2: An organisation applies a portion of its income for the benefit of a related person; that portion will be taxable in the tax year in which the application is made, "computed in the manner, as prescribed." Not stated in the document: who is a "related person" or the computation formula.
  • Example 3: An Assessing Officer determines additional income u/s 344 in excess of books for a business undertaking run by the organisation; such income is taxable in the tax year to which that income relates. Not stated in the document: standards of assessment or appeals procedure.

Interplay

The clause cross-references other provisions (sections 338(a), 340, 341(1)-(4), 342(1), 344, and 350), indicating reliance on these sections for specifying conduct that will convert otherwise exempt income into taxable specified income. The clause anticipates subordinate legislation by using "as prescribed" for computation. Not stated in the document: text of the referenced sections or the specific rules that will prescribe computations or definitions.

Differences Between Document 1 (Section 337, Income-tax Act, 2025) and Document 2 (Clause 337, Income Tax Bill, 2025 (Old Version))

Summary of textual differences and practical impact:

  • Broader exclusion for religious organisations (anonymous donations): Document 1 excludes anonymous donations for organisations "created or established,- (i) wholly for religious purposes, or (ii) wholly for charitable and religious purposes (excluding anonymous donation made with a specific direction that such donation is for any university or other educational institution or any hospital; or other medical institution run by such registered non-profit organisation)." Document 2 excludes only organisations "created or established wholly for religious purposes."
    • Practical impact: Document 1 provides a narrower exception (it adds a carve-out for organisations "wholly for charitable and religious purposes" but then expressly excludes certain directed donations for educational and medical institutions). This may reduce the number of anonymous donations treated as non-specified income for organisations running both charitable and religious activities, especially where donations are directed to educational or medical institutions.
  • Quantitative phrasing and punctuation differences (anonymous donation threshold): Both versions retain the threshold "up to Rs.1,00,000 or 5%," but Document 1 adds "or 5% of the total donations received by it during the tax year, whichever is higher," while Document 2 uses "or 5% of the such donations received by it during the tax year, whichever is higher."
    • Practical impact: Substantively the threshold appears the same; Document 1's phrasing is slightly clearer by specifying "total donations." No material change to tax effect is apparent.
  • Wording changes re: investments/deposits: Document 1 (items 4 and related) refers to "Any investment or deposit made in contravention to the provisions of section 350," whereas Document 2 refers to "Any investment made in contravention to the provisions of section 350."
    • Practical impact: Document 1 explicitly captures both investments and deposits; Document 2 captures only investments. This broadens the reach in Document 1 to include deposits that may have been omitted previously.
  • Additional items in Document 1 (more entries in the table): Document 1 includes several items absent from Document 2: numbered items 12 and 13 (fair market value of non-specified asset held beyond one year; any deemed application u/s 341(5) not actually applied within the period specified in section 341(6)). Document 2's table ends at item 11.
    • Practical impact: Document 1 expands the list of specified income events, creating additional contingencies where income will be taxed (e.g., failure to hold assets in specified forms/modes, failure to actually apply deemed application amounts abroad/time limits). This increases compliance exposures for registered non-profit organisations.
  • Variation in language for accumulated income utilisation (item 8): Document 1 describes "if it is not applied as per the provisions of section 341(1) to (4) for which it is accumulated or set apart within the period for which it was accumulated or set apart as specified in section 342(1)." Document 2 uses "if it is not utilised for the purpose, for which it is accumulated or set apart within the period for which it was accumulated or set apart as specified in section 342(1)."
    • Practical impact: Document 1 ties the failure to application specifically to sections 341(1)-(4), which may be a clarifying reference to specified modes of application; Document 2 uses broader language "utilised for the purpose." The change narrows the trigger in Document 1 to non-compliance with the procedural application provisions.
  • Formatting and minor drafting clarifications: Document 1 contains more detailed cross-references and slightly different punctuation/wording across multiple clauses (e.g., "computed in the manner, as may be prescribed" vs "computed in the manner, as prescribed").
    • Practical impact: Mainly drafting clarity; limited substantive effect beyond the changes noted above.

Practical Implications

  • Compliance and risk areas: Registered non-profit organisations must monitor anonymous donations relative to the stated threshold and ascertain whether donations are directed or truly anonymous; they must also ensure that applications of income (domestic and foreign), investments/deposits, treatment of accumulated income, and use of corpus conform to the referenced sections to avoid specified income classification.
  • Record-keeping/evidence: The clause implies the necessity of records evidencing donor directions, use of funds, dates of application of income, details of investments/deposits (to show compliance with section 350), and documentary evidence supporting any inter-organisation credits or payments. Not stated in the document: exact documentary standards or retention periods.

Key Takeaways

  • Clause 337 enumerates 11 categories of "specified income" for registered non-profit organisations and ties each to a specific tax year for taxation.
  • Anonymous donations are partly excluded up to Rs.1,00,000 or 5% of total donations, and donations to organisations "wholly for religious purposes" are exempt from being specified income under this clause.
  • Several operational failures (application to related persons, investments/deposits contrary to section 350, misuse of accumulated income, failure to meet corpus conditions) convert funds into taxable specified income.
  • The clause delegates computation of certain items ("as prescribed") and relies on other substantive provisions (sections 338, 340, 341, 342, 344, 350), but does not define key terms such as "related person" or set out procedural details.
  • Organisations face increased compliance obligations to track uses of funds, inter-organisational transfers, and investments/deposits to avoid taxation under these triggers.

Full Text:

Section 337 Specified income

Topics

Acts Income Tax
Next ➔