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
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.
RelevanceDefaultDate
    Cost of acquisition in case of depreciable asset: Clause 75 of the Income Tax Bill, 2025 vs. Section...
    Computation of capital gains in case of depreciable assets.: Clause 74 of Income Tax Bill, 2025 vs. ...
    Cost of acquisition for capital gains tax purposes: Clause 73 of the Income Tax Bill, 2025 vs. Secti...
    Mode of computation of capital gains: Clause 72 of the Income Tax Bill, 2025 vs. Section 48 of the I...
    Withdrawal of Exemption in Certain Cases: Clause 71 of the Income Tax Bill, 2025 vs. Section 47A of ...
    Capital Gains Tax Exemptions: Clause 70 of the Income Tax Bill 2025 vs. Section 47 of the Income Tax...
    Capital Gains on Share Buy-Backs: Clause 69 of the Income Tax Bill, 2025 vs. Section 46A of the Inco...
    Capital gains - Distribution of assets by companies in liquidation: Clause 68 of the Income Tax Bill...
    Capital Gains - Chargeability: Clause 67 of the Income Tax Bill, 2025 vs. Section 45 of the Income T...
    Tax Implications in Co-operative Bank Mergers (Reorganizations): Clause 65 of the Income Tax Bill, 2...
    Acceptance of Electronic mode of Payment: Clause 64 and Clause 187 of the Income Tax Bill, 2025 vs. ...
    Tax Audit Requirements in India: Clause 63 of the Income Tax Bill, 2025 vs. Section 44AB of Income T...
    Maintenance of books of account: Clause 62 of the Income Tax Bill, 2025 vs. Section 44AA of the Inco...
    Presumptive Taxation for Non-Residents in India: Clause 61 of the Income Tax Bill, 2025 merging Sect...
    Head Office Expenditure Deductions - Reforming Non-Resident Tax Deductions: Clause 60 of Income Tax ...
    Computing income by way of royalties, etc., in case of non-residents - Clause 59 of the Income Tax B...
    Presumptive profits and gains of business of plying, hiring or leasing goods carriages: Clause 58 of...
    Computing Profits and Gains of Profession on Presumptive Basis: Clause 58 of the Income Tax Bill, 20...
    Computing profits and gains of business on presumptive basis: Clause 58 of the Income Tax Bill, 2025...
    Modernizing Revenue Recognition in Construction and Service Contracts: Clause 57 of Income Tax Bill,...
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

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

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    Act RulesBills
    Show AI Summary
    Cost of acquisition adjustment: depreciable assets' acquisition cost tied to written down value, altering capital gains computation.
    Clause 75 treats the written down value of a depreciable asset, where depreciation has been claimed, as the cost of acquisition for capital gains purposes and directs that set-off and carry forward provisions apply subject to this modification, thereby aligning gain or loss on disposal with the asset's depreciated value.
    Act RulesBills
    Show AI Summary
    Computation of capital gains on depreciable assets: revised short term treatment under an overriding block based formula.
    Clause 74 creates an overriding framework for computing capital gains on depreciable asset blocks: if consideration from transfer exceeds transfer expenses plus the block's written down value at the year's start and additions during the year, the excess is treated as short term capital gains; on complete cessation of a block, acquisition cost is the opening written down value adjusted for acquisitions and resulting income is treated as short term capital gains.
    Act RulesBills
    Show AI Summary
    Cost of acquisition rules designate deemed cost for non purchase transfers, preserving prior owner's cost with specified formulas.
    Clause 73 prescribes the deemed cost of acquisition for assets received by gift, will, inheritance or similar transfers as the cost incurred by the previous owner, adjusted for improvements; it prescribes fair market value for assets declared under the Income Declaration Scheme and specific formulae for units in mutual funds, business trusts and segregated portfolios, and ties cost continuity to original assets in corporate reorganisations.
    Act RulesBills
    Show AI Summary
    Mode of computation of capital gains: updated indexation, tightened deductible items, and rules for business trusts and non-residents.
    Clause 72 updates the mode of computation of capital gains by retaining deductions for expenditure and cost of acquisition or improvement while specifying a Cost Inflation Index tied to the Consumer Price Index (urban) for indexation. It expressly disallows certain interest payments and securities transaction tax, sets out reduction rules for cost of acquisition involving business trusts and specified entities, and provides detailed computation rules for non-residents addressing foreign currency and rupee appreciation, alongside definitions for indexed cost concepts.
    Act RulesBills
    Show AI Summary
    Withdrawal of exemption: non compliance with transfer conditions triggers taxation of capital gains and successor liability.
    Clause 71 requires withdrawal of exemption and taxation of capital gains when a transferee converts a capital asset into stock in trade or when shareholding continuity of a parent/holding company in a subsidiary is broken within the prescribed period, and it makes successor entities or shareholders liable where specified conditions are not met, aligning functionally with the triggers and successor liability mechanisms in Section 47A of the Income tax Act.
    Act RulesBills
    Show AI Summary
    Capital gains exemptions for specified restructurings preserve tax neutrality and facilitate cross-border and corporate reorganisations.
    Clause 70 of the Income Tax Bill, 2025 designates specified classes of transactions as not regarded as transfer for capital gains purposes, exempting partitions of Hindu undivided families, transfers by will, gift or irrevocable trust, transfers between parent and subsidiary companies, amalgamations and demergers (including foreign company reorganisations), conversions and exchanges of securities, securities lending, reverse mortgage arrangements, mutual fund consolidations, transfers involving art and cultural institutions, and succession of business entities, thereby aligning with and expanding the scope of existing non-transfer provisions in Section 47 of the 1961 Act.
    Act RulesBills
    Show AI Summary
    Capital gains on share buy backs: updated rules tax the gain, deem certain consideration nil, and align definitions with corporate law.
    Clause 69 taxes the difference between acquisition cost and consideration on company repurchase of its own shares or specified securities, prescribes that certain forms of consideration under clause 2(40)(f) are deemed nil for tax purposes, and adopts the Companies Act definition of specified securities, thereby aligning tax treatment with current corporate law and updating statutory cross references.
    Act RulesBills
    Show AI Summary
    Capital gains on liquidation distributions: shareholders taxed on market value gains with dividend adjustment applied.
    Distributions of assets on company liquidation are not treated as transfers by the company; shareholders receiving money or assets are taxable under Capital gains, with gain measured by the market value of assets received less any part assessed as dividend, and that net amount deemed the full value of consideration for capital gains computation. Clause 68 parallels Section 46 in substance but changes the statutory cross reference used for calculation mechanics.
    Act RulesBills
    Show AI Summary
    Capital gains modernization clarifies valuation and timing for taxation, including insurance recoveries and conversions to stock in trade.
    Clause 67 retains the principle that gains from transfer of capital assets are taxable in the year of transfer and refines valuation and timing for specified situations: insurance recoveries are treated as capital gains with fair market value deemed as full consideration; unit linked insurance receipts are aligned with capital gains rules where exemptions do not apply; conversion to stock in trade uses fair market value at conversion as consideration and taxes gains when sold; beneficial interests in securities are attributed to the beneficial owner with FIFO cost and holding period rules.
    Act RulesBills
    Show AI Summary
    Tax deductions in co operative bank reorganisations: allocation rules and book value transfers ensure continuity and fairness in taxation.
    Clause 65 and Section 44DB set a special provision for computing tax deductions in co operative bank reorganisations by allocating deductions between predecessor and successor based on days before and after reorganisation, requiring transfers at book values, defining covered reorganisations by asset/liability transfer and continuity criteria, and providing for Central Government notification in specified cases to ensure genuine business purposes.
    Act RulesBills
    Show AI Summary
    High-turnover businesses must provide prescribed electronic payment facilities to increase transaction traceability and tax transparency.
    Clauses 64 and 187 of the Income Tax Bill, 2025 require persons carrying on business above the prescribed turnover threshold to provide facilities for accepting payments through prescribed electronic modes, in addition to any other electronic methods offered. These clauses parallel Section 269SU of the Income Tax Act, 1961, aiming to promote digital transactions, enhance traceability, and reduce tax evasion by imposing infrastructure and compliance obligations on high-turnover businesses.
    Act RulesBills
    Show AI Summary
    Tax audit thresholds updated to emphasise digital transactions, altering audit triggers and filing timing for taxpayers.
    Clause 63 updates mandatory tax audit triggers by revising turnover and receipt thresholds and by making the intensity of banking or online transactions decisive for higher audit thresholds; it maintains an audit requirement for professionals, preserves exemptions where declared profits align with deemed profit provisions, requires audit reports signed by an accountant and filed by the defined specified date, and allows reliance on audits under other laws if submitted on time.
    Act RulesBills
    Show AI Summary
    Maintenance of books of account: updated thresholds and technological recordkeeping govern taxpayer record obligations for income verification.
    Clause 62 modernizes maintenance of books of account by applying to specified professions and notified persons, updating income and turnover thresholds (with special treatment for individuals and HUFs), defining specified professions broadly, and empowering the Board to prescribe the types, form, manner and retention periods of records while encouraging technological methods of record-keeping to facilitate income verification and tax administration.
    Act RulesBills
    Show AI Summary
    Presumptive taxation for non-residents fixes sectoral deemed profit rates and permits audit-based lower profit declaration.
    Clause 61 establishes a special presumptive computation regime for specified non-resident business activities-shipping (including demurrage), cruise ships, aircraft operation, turnkey power project construction, mineral-oil services, and specified electronics services-by prescribing sectoral deemed profit rates as the taxable base, permitting non-residents to elect audit-based lower declared profits if they maintain detailed books and undergo audit, and restricting allowance of losses, deductions, and depreciation against the presumptively computed income.
    Act RulesBills
    Show AI Summary
    Head office expenditure deductions limited by an adjusted total income cap, simplifying cross-border allocation and documentation requirements.
    Clause 60 permits deduction of administrative costs incurred by non-resident head offices against profits and gains of business or profession, subject to a capped proportion of adjusted total income (or its average when losses occur) and to specified definitions of head office expenditure, thereby standardizing computation and limiting disproportionate reductions in taxable income.
    Act RulesBills
    Show AI Summary
    Taxation of royalties and technical service fees: non resident receipts taxed as business profits if effectively connected to a permanent establishment.
    Clause 59 charges royalties and fees for technical services received by non residents as Profits and gains of business or profession when receipts from the Government or an Indian concern arise under an agreement, the assessee carries on business in India through a permanent establishment or fixed place of profession, and the rights, property or contract are effectively connected with that presence; deductions are limited to expenses wholly and exclusively for the Indian establishment and books of account and audit are required.
    Act RulesBills
    Show AI Summary
    Presumptive taxation for goods carriages simplifies reporting for small fleet owners while limiting deductions and requiring records.
    Clause 58 establishes a presumptive basis for computing profits from plying, hiring or leasing goods carriages by applying prescribed per-vehicle rates, permitting declaration of higher actual income, allowing specified partner salary and interest deductions for firms, requiring books and audit where declared income is lower than the presumptive amount, disallowing other deductions against presumptive income, and treating written down value as if depreciation were claimed and allowed.
    Act RulesBills
    Show AI Summary
    Presumptive taxation for professionals deems a portion of gross receipts as taxable income, simplifying compliance but restricting deductions.
    Clause 58 institutes a presumptive taxation scheme for specified resident professionals, prescribing turnover-based eligibility and deeming taxable income at a fixed proportion of gross receipts or actual profit, whichever is higher. Eligible taxpayers are generally relieved from routine accounting and audit obligations, but must maintain books and undergo audit if they claim profits lower than the presumptive amount. Deductions or losses are not permitted against the presumptive income, and depreciation is to be treated as if claimed and allowed. Certain entity types are excluded from the scheme.
    Act RulesBills
    Show AI Summary
    Presumptive taxation scheme differentiates rates by transaction mode and imposes a five-year lock-in to simplify compliance.
    Clause 58 permits computation of presumptive income for eligible small businesses and professions with turnover-based eligibility, distinguishes presumptive rates by mode of receipt, allows actual profit to be claimed if higher, mandates books and audit where actual profits are lower and total income exceeds the basic exemption, and imposes a five-year lock-in for continued application of the scheme.
    Act RulesBills
    Show AI Summary
    Revenue recognition requires percentage-of-completion for construction and service contracts, with completion or straight-line service options.
    Clause 57 mandates the percentage of completion method for construction and service contracts, with a project completion alternative for short-term services and a straight-line option for recurring service arrangements. Contract revenue includes retention money, and contract costs must not be reduced by incidental income such as interest, dividends, or capital gains. The provision references notified accounting standards and aims to align revenue recognition with international practices while imposing compliance and disclosure obligations.

    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 423 "Interest for defaults in furnishing return of income." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      15 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 423 Interest for defaults in furnishing return of income.

      Income-tax Act, 2025

      At a Glance

      Document compared: Section 423 of the Income-tax Act, 2025 (as appearing in the enacted Act) and Clause 423 of the Income Tax Bill, 2025 (Old Version) (the Bill text supplied). Both texts deal with interest for defaults in furnishing return of income. The provisions affect taxpayers required to furnish returns, and the income-tax department in calculating and demanding interest. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: Clause 423 in the Income Tax Bill, 2025 - Old Version (hereinafter "Clause 423 (Bill)"). Subject matter: interest chargeable for defaults in furnishing return of income. Coverage: outlines when simple interest at the rate implicit in the formula I = 1% x A x T becomes payable, defines the starting and ending dates for computation across specified circumstances, prescribes treatment where post-assessment orders alter tax, and defines components included in "tax paid". Definitions or explanations provided in the text: limited to the formula and the Table; the Bill supplies a definition of "tax paid" in sub-section (4)(d) with enumerated items (i)-(vii). No separate definitions section is provided.

      Statutory Provision Mode

      Text & Scope

      Clause 423 imposes simple interest for defaults in furnishing a return of income. The interest is computed by the formula I = 1% x A x T, where A is the "amount of tax on which interest is payable" (as specified in sub-section (2)) and T is the number of months comprised in the period commencing on the day after the "starting date" and ending on the "ending date" specified in the Table. Sub-section (2) contains a Table that maps specific circumstances to starting date, ending date and the tax base (A) for interest computation. The Table covers four scenarios: (1) return furnished u/s 263(1), (4) or (6) or in response to a notice u/s 268(1) after the due date; (2) no return furnished under the said sections; (3) return required by a notice under an unspecified section issued after certain determinations and furnished late; and (4) where such a notice requires a return and no return is furnished. Sub-section (3) deals with the consequence of orders (under a list of sections) that increase or reduce the tax base for interest, prescribing issuance of notice of demand in prescribed form where interest increases, and refund of excess interest where interest is reduced. Sub-section (4) contains qualifying notes, including exclusions of additional income-tax u/s 267 from the tax bases, reduction of interest payable by amounts of interest paid u/s 266, and the detailed meaning of "tax paid". Sub-section (5) treats an assessment made for the first time u/s 279 as a "regular assessment" for purposes of the section.

      Interpretation

      Legislative intent as indicated by the Bill text: to provide a simple, uniform interest formula for late or non-furnishing of returns and to tie the interest computation periods to concrete events (due date, date of furnishing, date of completion of assessment, dates specified in notices). The Table-driven approach indicates an intent to vary the tax base (A) and the start/end dates according to factual circumstances of how and when returns are filed or not filed. The inclusion of a detailed "tax paid" definition shows an intent to net off various prepayments and credits from the tax base when computing interest. The provision for adjustment upon post-assessment orders (sub-section (3)) manifests an intent to align interest levies with the final assessed tax position.

      Exceptions/Provisos

      Carve-outs or qualifications present in the Bill include:

      • Exclusion of additional income-tax u/s 267 from the tax base (4)(a)-(b).
      • Reduction of interest payable by interest already paid u/s 266 (4)(c).
      • Specific items constituting "tax paid" (4)(d)(i)-(vii), which serve as offsets against the tax base for interest calculation.
      • Where an assessment is made for the first time u/s 279, it is to be regarded as a regular assessment (5).

      Illustrations

      • Example 1: A return filed late in response to a notice u/s 268(1). Starting date is the due date u/s 263(1); ending date is date of furnishing; A is tax on total income as determined u/s 270(1) (if regular assessment not made) or tax determined under regular assessment, reduced by "tax paid". (All other specifics of amounts and dates Not stated in the document.)
      • Example 2: No return furnished in response to a notice u/s 268(1). Starting date is due date u/s 263(1); ending date is date of completion of assessment u/s 271; A is tax on total income determined under regular assessment reduced by "tax paid". (Concrete amounts and computation Not stated in the document.)
      • Example 3: Return required by a notice (serial number 3) but furnished after expiry of time allowed under such notice. Starting date is the date immediately following the last date of time allowed under such notice (Bill text); ending date is date of furnishing; A is amount by which reassessed tax exceeds earlier tax. (The Bill text contains an omission in the cross-reference to the notice section; specifics Not stated in the document.)

      Interplay

      The Bill text expressly references multiple other provisions (sections 263, 268, 270, 271, 279, 280, 266, 267, 287, 288, 289, 359, 363, 365(10), 368, 377, 378, 206). Interplay with those provisions is central to determining starting/ending dates, the tax base (A), and credits. The Bill, as supplied, contains at least one omitted cross-reference (a missing section number in the Table at serial number 3) and a differing cross-reference for the tax credit clause (206(13) vs the multi-paragraph references in the Act). These differences create potential interpretive issues and could require reconciliation with the substantive provisions of the referenced sections; however, the content of those referenced sections is Not stated in the document.

      Differences between the two provisions and practical impact

      • Starting date for notice-required returns (serial numbers 3 and 4): The enacted Section 423 (Act) uses "The last date of time allowed under such notice" as the starting date for serial numbers 3 and 4. The Clause 423 of Bill (Old Version) uses "Date immediately following the last date of time allowed under such notice" (for both serial numbers 3 and 4 in the Bill).
        • Practical impact: shifting the stated starting date by one day will change the counted months (T) in the formula I = 1% x A x T in some cases; whether the difference produces a material change depends on the method of counting months under the section (not further specified in the documents). It can lead to one additional month being counted in some interpretations, thereby increasing interest liability slightly in some cases.
      • Row 3 starting date wording: In the Act text, for serial number 3 the Starting date is "The last date of time allowed under such notice." The Bill text, for serial number 3, states "Date immediately following the last date of time allowed under such notice."
        • Practical impact: same as above; potential to alter the period used for interest computation.
      • Omissions/typographical differences affecting clarity: The Bill's Table entry for serial number 3 contains an apparent omission - "Where return of income is required by a notice u/s issued after..." (the section number is missing). The Act provides the relevant contextual references (Act shows section 280 in related contexts).
      • Practical impact: omission creates ambiguity in the Bill text about which notice provision is referred to; this could cause interpretive uncertainty unless corrected. The Act text does not exhibit that omission in the supplied extract.
      • "Tax paid" definition - tax credit cross-references: The Act's clause (4)(d)(vii) defines "tax paid" to include "any tax credit allowed to be set off as per sections 206(1)(m) to (p) and 206(2)(e) to (h)." The Bill (Old Version) substitutes "(vii) any tax credit allowed to be set off as per section 206(13)."
        • Practical impact: this is a substantive difference in cross-references. If the Bill's singular reference is intended to capture the same set of credits, the drafting does not make that clear. Depending on the actual content of section 206 in the statute (not stated in the document), taxpayers may lose (or gain) certain credits being treated as "tax paid" for interest computation. As the document supplied does not state the content of section 206, the practical effect cannot be fully determined from the text alone.
      • Form of notice of demand: Sub-section (3)(a) in the Act reads "in such form as may be prescribed"; the Bill reads "in the form as prescribed."
        • Practical impact: stylistic/minor drafting difference; both phrases point to prescribed form, but "such form as may be prescribed" is the more conventional legislative formulation. No clear substantive impact in isolation.
      • Other structural/wording differences: Minor variations in punctuation, paragraphing and referential phrases occur across the two texts (for example, use of "the Assessing Officer shall serve on the assessee a notice of demand in such form as may be prescribed specifying the sum payable" vs "shall serve on the assessee a notice of demand in the form as prescribed specifying the sum payable").
        • Practical impact: primarily drafting and clarity; no express substantive change beyond the items noted above based on the supplied texts.

      Practical Implications

      • Compliance and risk areas: The precise starting date language (whether the last date of time allowed or the day after that date) will affect calculation of months (T) - which could increase or decrease interest by the formula provided. Taxpayers filing in response to notices should be alert to how the start date is to be computed. Where the Bill's cross-references differ (notably to section 206), taxpayers should verify which tax credits count as "tax paid" for interest computations - the Bill text introduces uncertainty. The omission of a section number in serial number 3 may create avoidable disputes until corrected.
      • Record-keeping/evidence points: The text makes clear that dates of notices, dates of furnishing of returns, dates of completion of assessments and amounts of tax determined at various stages are determinative items. Parties should maintain contemporaneous records showing notice dates, time allowed under notices, dates of filing, assessments and any payments or credits claimed (details of records to be kept Not stated in the document).

      Key Takeaways

      • Clause 423 (Bill) applies a simple interest formula I = 1% x A x T for defaults in furnishing returns, tying the interest period to specific starting and ending events listed in a Table.
      • There are material drafting differences between the Bill and the enacted Section 423: notably in the exact stated starting dates for notice-driven cases and in the cross-references used to define tax credits included as "tax paid".
      • Shifts in starting date wording (last date vs date immediately following) can alter interest months counted and thus interest liability; the Bill language tends to state the day after, potentially increasing periods in some views.
      • The Bill text contains an omission (missing section reference in serial number 3 of the Table) creating interpretive ambiguity that requires correction or legislative clarification.
      • The Bill lists prescribed mechanisms for adjustment where post-assessment orders alter tax and requires notice of demand or refund accordingly.
      • The provision for reduction of interest by interest already paid u/s 266 and the detailed enumeration of items constituting "tax paid" show an intent to prevent double charging and to net prepayments and credits.

      Full Text:

      Section 423 Interest for defaults in furnishing return of income.

      Topics

      ActsIncome Tax