Loading...

⚠ ✕
❮ Top
☎ Help
☰
GST ▸
Central GST ▸
Integrated GST + ▸
UTGST / SGST ▸
GST Case Laws + ▸
Income Tax ▸
Income Tax ▸
Allied (Direct Tax) ▸
Income Tax Case Laws ▸
DTAA ▸
International Taxation ▸
Customs ▸
Customs Act / Rules ▸
Notifications / Forms ▸
Circulars / Tariff ▸
Case Laws / Manual ▸
FTP/SEZ ▸
Foreign Trade ▸
Notifications / Circulars / Appendix / Forms ▸
Special Economic Zone (SEZ) ▸
Corp. Law ▸
Company Laws ▸
Standards / Trusts ▸
Partnership / LLP / Societies ▸
Case Laws ▸
FEMA ▸
FEMA / FCRA ▸
Notifications / Circulars ▸
Manual / FAQ ▸
FEMA Case Laws ▸
SEBI / IBC ▸
SEBI ▸
SEBI Case Laws ▸
IBC ▸
IBC - Case Laws ▸
PMLA ▸
Benami Property ▸
Black Money ▸
Money Laundering ▸
Vivad ▸
Direct Tax ▸
Indirect Taxes ▸
Indian Laws ▸
Indian Laws ▸
Bharatiya Nyaya 2023 ▸
Finance Acts & Bills / Amendment Acts ▸
Case Laws ▸
Labour Laws ▸
Labour Code ▸
Old / Others ▸
Central Excise ▸
Central Excise - Cases ▸
Wealth Tax ▸
Service Tax ▸
Service Tax Cases ▸
CST / DVAT ▸
CST / VAT / Sales Tax ▸
×

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 ✕
🔎 Filters / Advanced Search ❯
TEXT

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
    Case Laws Income Tax
    Navigating Through Reimbursement Expenses, DDT Refunds, and Transfer Pricing Adjustments
    Case Laws Income Tax
    Navigating Financial Distress: A Legal Analysis of Progressive Tax Instalment Judgments
    Case Laws Income Tax
    Deciphering Tax Implications on Capital Reduction: Navigating the Complexities of Section 115QA in I...
    Case Laws Income Tax
    Interpreting Section 153A: ITAT Delhi's Stand on Incriminating Material in Assessments: Assessments ...
    Case Laws Income Tax
    Reaffirming the Bounds of Section 153A: Analysis of Delhi High Court's Approach: Assessment post sea...
    Case Laws Income Tax
    Navigating Rectification and Revised Returns: Legal Insights from ITAT Bangalore's Ruling
    Case Laws Income Tax
    Mutual Fund Gains and Deemed Dividends: Analyzing the Delhi High Court's Landmark Judgment
    Case Laws Income Tax
    Reassessing Income under Section 147 Post-Quashment of Sections 153A/153C: The Waiver of Limitation ...
    Case Laws Income Tax
    Section 153A of the Income Tax Act: A Critical Analysis of the Supreme Court's Interpretation in the...
    Case Laws Income Tax
    Clarity and Precision in Tax Penalty Proceedings: Insights from a High Court Judgment
    Case Laws Income Tax
    Jurisdictional Challenges in Tax Assessments: Insights from a Recent ITAT Decision
    Case Laws Income Tax
    High Court Rules on the Invalidity of Reassessment Notices Issued to a Deceased Person
    Case Laws Income Tax
    Long-Term Capital Gains and Unexplained Cash Credits in Stock Transactions: A Legal Perspective
    Case Laws Income Tax
    Judicial Approach in Transfer Pricing and PE Attribution: Analysis of a Landmark Case: Legal Perspec...
    Case Laws Income Tax
    Scrutinizing the Application of Mind in Tax Assessments: Examining the Role of ACIT while granting a...
    Case Laws Income Tax
    TDS Obligations and DTAA: Clarifying Tax Jurisdiction in International Telecom Services
    Case Laws Income Tax
    Distinction Between Business Income and Deemed Income in Income Tax Assessments: Higher rate of tax ...
    Case Laws Income Tax
    Analysis of ITAT's Decision on Surplus Stock Taxation
    Case Laws Income Tax
    Validity of Notices / orders without DIN. The Critical Role of Procedural Compliance in Tax Administ...
    Case Laws Income Tax
    Tax Exemptions: Capitation Fees in Educational Institutions: A Legal Quagmire
❮
❯
❯❯
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
All › Income Tax
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Case Laws Income Tax
Navigating Through Reimbursement Expenses, DDT Refunds, and Transfer Pricing Adjustments
Show AI Summary
Transfer pricing adjustments shape ALP analysis and documentation requirements for royalties and management fees.
Dispute involves deductibility of cross border reimbursement payments under Section 37 and whether assessing authorities recorded specific factual findings and afforded fair opportunity before disallowance. Related issues include entitlement to refund of excess Dividend Distribution Tax under the DTAA and the correct application of the Arm's Length Principle-notably choice between TNMM and CUP-for benchmarking royalty and management fees, with emphasis on documentation and comparability analysis.
Case Laws Income Tax
Navigating Financial Distress: A Legal Analysis of Progressive Tax Instalment Judgments
Show AI Summary
Instalment payments: courts permit flexible tax instalment schedules for financially distressed corporates while respecting lower court discretion.
The courts endorsed a flexible instalment framework permitting extension and adjustment of tax payment schedules when a corporate taxpayer demonstrates reduced capacity to pay, including temporary reduction of individual instalments with deficits spread over remaining payments. The appellate decision upheld the lower court's discretion, emphasising deference absent clear error and supporting reasonableness and proportionality in accommodating financial distress while preserving eventual recovery of assessed liabilities.
Case Laws Income Tax
Deciphering Tax Implications on Capital Reduction: Navigating the Complexities of Section 115QA in I...
Show AI Summary
Capital reduction transactions treated outside buyback levy when executed pre amendment; buyback tax not attracted.
The Tribunal held that the capital reduction did not qualify as a buyback for purposes of the buyback tax provision because the transaction was completed before the amendment that broadened the provision's definition; relying on precedents distinguishing capital reduction from buybacks, the Tribunal rejected the revenue's tax avoidance contention and emphasised that the transaction date governs applicability of the amended definition.
Case Laws Income Tax
Interpreting Section 153A: ITAT Delhi's Stand on Incriminating Material in Assessments: Assessments ...
Show AI Summary
Incriminating material requirement: Section 153A assessments require material specific to the assessee, not unrelated third party statements.
Assessments following search operations must be grounded on incriminating material specifically linked to the assessee; material or statements derived from separate or third party search proceedings cannot, alone, serve as incriminating material against an unrelated assessee. Absent assesseespecific incriminating material, additions and disallowances in such assessments lack justification and cannot properly form the basis of adverse tax adjustments.
Case Laws Income Tax
Reaffirming the Bounds of Section 153A: Analysis of Delhi High Court's Approach: Assessment post sea...
Show AI Summary
Admissibility of search statements: corroborative evidence required before additions in post-search tax assessments.
Statements recorded under Section 132(4) have evidentiary value but cannot alone justify additions under Section 153A; corroborative material discovered during the search is required, and taxpayers must be afforded the opportunity to cross-examine and rebut adverse statements before assessments under Section 153A are finalized.
Case Laws Income Tax
Navigating Rectification and Revised Returns: Legal Insights from ITAT Bangalore's Ruling
Show AI Summary
Rectification under Section 154: procedural lapses should not bar correction of apparent errors in tax returns.
Interpretation of Section 154 treats misplacement of figures in an original return as a mistake apparent from the record, qualifying for statutory rectification; a revised return filed as a genuine corrective attempt may be recognised despite procedural lapses, and tax authorities should balance procedural compliance with the need to remedy apparent errors and assist taxpayers in claiming corrections.
Case Laws Income Tax
Mutual Fund Gains and Deemed Dividends: Analyzing the Delhi High Court's Landmark Judgment
Show AI Summary
Classification of Mutual Fund Gains: affirmed as capital gains, clarifies tests distinguishing business income and scope of deemed dividends.
Classification of gains from mutual fund redemptions turns on intent, transaction frequency, holding period, accounting treatment and the factual matrix to determine capital gains versus business income. Distinguishing genuine capital contributions from transactions that function as distributions is essential before treating receipts as deemed dividends; absent characteristics of a loan or advance against profits, capital infusions should not be recharacterised as dividends.
Case Laws Income Tax
Reassessing Income under Section 147 Post-Quashment of Sections 153A/153C: The Waiver of Limitation ...
Show AI Summary
Reopening assessments under Section 147 requires proper review when Section 150(2) waiver is contested, not clarification.
Reopening of assessments under Section 147 concerns whether the Assessing Officer has a reason to believe that income has escaped assessment and is subject to procedural safeguards including issuance of a statutory notice. Where prior assessments made in consequence of a search under provisions for search-based assessment were quashed, the question arises whether fresh proceedings may be initiated for income not arising from incriminating material found in the search and whether the limitation period can be waived under Section 150(2) to permit issuance of a notice for reassessment.
Case Laws Income Tax
Section 153A of the Income Tax Act: A Critical Analysis of the Supreme Court's Interpretation in the...
Show AI Summary
Scope of assessment post-search: completed assessments permit additions only from incriminating material found during searches.
The Supreme Court clarified that for assessments completed before a search, the Assessing Officer's power to reassess within the retrospective period is constrained: any additions in such completed assessments must be based on incriminating material discovered during the search, thereby limiting use of search powers to matters tied to the unearthed evidence and preventing expansion of assessments on unrelated material.
Case Laws Income Tax
Clarity and Precision in Tax Penalty Proceedings: Insights from a High Court Judgment
Show AI Summary
Specificity in penalty notices: requirement to identify exact charge prevents defective proceedings and safeguards procedural fairness.
Applicability of penalty for concealment or furnishing inaccurate particulars requires the assessing officer to specify the exact limb under which proceedings are initiated; absence of that specificity renders the penalty notice defective, undermines procedural fairness, and justifies setting aside the penalty, thereby obliging tax authorities to adhere to precise notice requirements when invoking penal provisions.
Case Laws Income Tax
Jurisdictional Challenges in Tax Assessments: Insights from a Recent ITAT Decision
Show AI Summary
Jurisdictional validity of tax notice: lack of proper jurisdiction can vitiate assessment proceedings and nullify further action.
The dominant operative point is that a valid scrutiny assessment under Section 143(2) requires issuance by an officer with lawful jurisdiction determined by income thresholds and administrative instructions; failure in jurisdictional competence can render the notice and ensuing assessment proceedings invalid. Procedural fairness-specifically the opportunity to be heard-is a corollary concern, and while issues regarding additions under Section 69A and the tax effect of Section 115BBE are raised, they become academic if the initiation itself is found jurisdictionally flawed.
Case Laws Income Tax
High Court Rules on the Invalidity of Reassessment Notices Issued to a Deceased Person
Show AI Summary
Validity of reassessment notices: notices issued to a deceased person are void and must be directed to the correct legal entity.
The High Court held that reassessment notices issued in the name of a deceased assessee are null and void, constituting substantive illegality when directed to a non-existent person; the court emphasized that the correct legal entity must be addressed, that the legal heir's communications and filings were material, and that procedural protections and statutory reopening procedures cannot be bypassed due to administrative or IT constraints.
Case Laws Income Tax
Long-Term Capital Gains and Unexplained Cash Credits in Stock Transactions: A Legal Perspective
Show AI Summary
Long-term capital gains preserved where transaction records establish genuineness; mere broker misconduct is insufficient evidence.
The issue is whether gains from sale of low-priced shares are long-term capital gains or unexplained cash credits under Section 68. The authorities suspected accommodation entries via a broker with a tainted history, but transaction documents-bills, bank payments and contract notes-were held to establish genuineness. Mere suspicion of broker misconduct was deemed insufficient without direct evidence linking the assessee to contrived entries; evidentiary standards and fair hearing obligations were decisive.
Case Laws Income Tax
Judicial Approach in Transfer Pricing and PE Attribution: Analysis of a Landmark Case: Legal Perspec...
Show AI Summary
Permanent establishment attribution: precedent-driven analysis limits taxable profit allocation to where core value is created in digital services.
The principal issue is attribution of profits to a Permanent Establishment for cross-border digital reservation services, requiring a fact-sensitive analysis of where core business activities and value creation occur; judicial reasoning relied on materially similar precedent to determine the appropriate share of revenue attributable to the PE, stressing that a mere business connection or digital presence does not automatically justify full profit allocation to the jurisdiction and that clear tracing of value creation is essential to avoid double taxation.
Case Laws Income Tax
Scrutinizing the Application of Mind in Tax Assessments: Examining the Role of ACIT while granting a...
Show AI Summary
Application of mind in tax approvals: inadequate ACIT scrutiny under Section 153D can invalidate assessments.
The core issue is whether the ACIT, when granting approval under Section 153D, performed a genuine application of mind by scrutinising assessment records and search material; the Tribunal and High Court found the approval lacked adequate examination, leading to inconsistencies between additions made by the assessing officer and the assessed income, and rendering the assessment unreliable. The matter was treated as factual rather than presenting a substantial question of law.
Case Laws Income Tax
TDS Obligations and DTAA: Clarifying Tax Jurisdiction in International Telecom Services
Show AI Summary
Royalty characterisation: cross-border telecom payments not taxable as royalty, limiting TDS and extraterritorial jurisdiction.
Payments by an Indian telecom operator to non-resident carriers for interconnectivity and capacity transfers are not to be characterised as royalty under the applicable DTAA and therefore do not attract TDS; DTAA interpretation governs characterization, Indian jurisdiction is limited over extra territorial income where the foreign entities lack a taxable presence, and retrospective amendments do not impose tax on past transactions compliant with the law at the time.
Case Laws Income Tax
Distinction Between Business Income and Deemed Income in Income Tax Assessments: Higher rate of tax ...
Show AI Summary
Deemed income classification denied where surrendered receipts are linked to business activities, avoiding higher tax rate.
Where surrendered cash, advances and stock discrepancies identified in a survey are linked to ordinary business activities and the assessee supplies specific explanations of source and nexus, the deeming provisions for unexplained investments and unrecorded ownership do not automatically apply; accordingly the higher-rate taxation applicable to incomes classified as deemed income is inapplicable and the amounts are treated as business income for tax purposes.
Case Laws Income Tax
Analysis of ITAT's Decision on Surplus Stock Taxation
Show AI Summary
Surplus stock classification: accounting linkage to business determines treatment as business income over unexplained investment.
Classification of surplus stock found during a section 133A survey depends on its nexus with ordinary trading and documentary accounting. Where excess inventory is recorded in the stock register and credited to partners' capital account, these accounting entries indicate it forms part of regular business stock and support treatment as business income rather than unexplained investment under section 69B, affecting applicability of special tax treatment under section 115BBE.
Case Laws Income Tax
Validity of Notices / orders without DIN. The Critical Role of Procedural Compliance in Tax Administ...
Show AI Summary
DIN requirement in tax administration: absence of mandatory DIN can invalidate assessment orders unless exceptional circumstances apply.
Failure to quote the mandatory computer-generated Document Identification Number (DIN) in assessment orders, as required by the CBDT Circular from 1 October 2019, constitutes a procedural defect that can render the order invalid unless the revenue demonstrates that the issuance fell within the Circular's narrowly drawn exceptional circumstances; the Tribunal found such non-compliance in the order dated 15 October 2019 and the High Court affirmed, while the Supreme Court granted interim stay for further consideration.
Case Laws Income Tax
Tax Exemptions: Capitation Fees in Educational Institutions: A Legal Quagmire
Show AI Summary
Capitation fee allegations challenge admissibility and attribution of seized evidence in charitable trust tax exemption inquiries.
Alleged collection of capitation fees by a registered charitable trust threatens its exemption under Section 11; most evidence was seized from employees' residences, invoking the presumption under Section 132(4A) and raising attribution issues. Employee admissions later retracted, similar statement drafting, declarations under the Income Declaration Scheme 2016, and trustees' acknowledgments create contradictory evidentiary threads that complicate admissibility, credibility, and whether the seized funds can be treated as trust income.

TMI Notes

All › Income Tax
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

Income Tax

Comparison of SCHEDULE II "INCOME NOT TO BE INCLUDED IN TOTAL INCOME" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

17 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Print Options

SCHEDULE II INCOME NOT TO BE INCLUDED IN TOTAL INCOME

Income-tax Act, 2025

At a Glance

SCHEDULE II sets out classes of income that are excluded from "total income" for income-tax purposes. The Bill (Old Version) and the enacted Act differ in several material respects affecting life-insurance exclusions, pension/NPS entries, references to International Financial Services Centre (IFSC) entities, and the inclusion of equalisation-levy income. Affected parties include policyholders, insurers, employers, employees, pension subscribers, IFSC entities and tax authorities. Effective dates are stated within specific entries (for example, policy issue periods and 1 April 2002/2023) where provided; no single overarching commencement date for the Schedule is stated in the Bill text.

Background & Scope

Statutory hook: SCHEDULE II (See section 11) - "Income not to be included in total income." The Schedule lists categories of exempt income (column B) subject to conditions (column C). Definitions and notes at the end assign meanings to terms used in the table. The Bill (Old Version) is the source document for this commentary. Any differences vis-`a-vis the enacted Act are identified only insofar as both texts were provided; where a detail is absent in the Bill text, the phrase "Not stated in the document." has been used.

Statutory Provision Mode

Text & Scope

The Schedule enumerates 16 heads of income excluded from total income, including: agricultural income; sums under life-insurance policies (with sub-conditions tied to period of issue, premium-to-sum-assured ratios and aggregate premium ceilings); provident fund and recognised provident fund payments (with carve-outs for interest on large contributions on/after 1 April 2021); payments under Sukanya Samriddhi, National Pension System (NPS) Trust, Agniveer Corpus Fund, approved superannuation funds; scholarships; awards/rewards instituted or approved by government; interest or other receipts on specified government securities and deposits; interest on gold bonds/certificates; interest on bonds issued by local authorities or State Pooled Finance Entities; income on transfer of certain UTI units; income chargeable to equalisation levy (new insertion); and specific categories u/s 10(15) and related provisions of the 1961 Act as applicable.

Interpretation

The text frames exclusions as conditional: each head is subject to prescribed conditions and definitions in accompanying notes. Legislative intent, as discernible from the Bill text, is to preserve traditional exemptions (agriculture, certain pensions, scholarships, specified government securities) while tightening or clarifying tax-exempt treatment for life-insurance receipts and retirement/savings vehicles by reference to issue dates, premium ratios, aggregate premium ceilings and contribution thresholds. The insertion of equalisation-levy related exclusion (Sl. No. 15) signals explicit recognition of overlap between equalisation-levy chargeability and income-tax neutrality for certain cross-border digital services.

Exceptions/Provisos

Key carve-outs and conditions provided in the Bill include:

  • Life-insurance sums excluded only if policies meet period-specific premium-to-sum-assured ratios and, for certain periods, aggregate premium ceilings (Rs. 2,50,000 or Rs. 5,00,000) - and certain sums (section 127 receipts; Keyman policies) are expressly ineligible.
  • Portions of interest on provident fund/recognised provident fund balances attributable to contributions on/after 1 April 2021 are not eligible for exclusion where contributions exceed specified thresholds (Rs.5,00,000 / Rs.2,50,000) and the amount not excluded is to be computed as prescribed.
  • NPS payments excluded only to the extent they do not exceed 60% of the total amount payable on closure/opt-out.
  • Approved superannuation fund payments are exempt only in specified circumstances (death, commutation at retirement/age, refund in limited cases, transfer to specified pension schemes).
  • Equalisation-levy related incomes are excluded only where not chargeable as royalty/FTS in India under agreements notified u/s 159 (explicit exception in Sl. No. 15).

Illustrations

  • Example 1: A unit-linked life policy issued on 1 Oct 2023 with annual premium such that premium-to-sum-assured ratio is 12% and aggregate premium per tax year is Rs.2,00,000 - the Bill permits exclusion if it meets the Item 2 conditions (unit-linked post-1-April-2023: ratio <=15% for special, <=10% for others; aggregate <=Rs.2,50,000 for ULIP). Whether treated as "special policy" depends on disability/disease status u/rs - Not stated in the document.
  • Example 2: An employee receives accumulated recognised provident fund balance including interest attributable to contributions of Rs.6,00,000 made on/after 1 April 2021 in a year when no employer contribution was made - interest attributable to that contribution is not eligible for exclusion (threshold exceeded Rs.5,00,000); the portion not excluded to be computed as prescribed (procedure Not stated in the document).

Interplay

The Bill references other statutory instruments and provisions: Section 11 (hook), Section 127 (for life-insurance ineligibility), Schedule XI para 8, Schedule XV (definition of "actual capital sum assured"), Insurance Regulatory regulations, the Provident Funds Act, Government Savings Promotion Act (Sukanya Samriddhi), Dept. notifications regarding NPS (notifications not reproduced in the Bill text), Finance Act, 2016 (equalisation levy Chapter VIII) and section 159 agreements. The Bill contemplates Board guidelines for removal of difficulties. Where computation methods are required ("as prescribed"), the Bill defers to rules/regulations; these procedural details are Not stated in the document.

Differences between the Bill (Old Version) and the Enacted Act - Practical Impact

Topic Bill (Old Version) Act (2025) - Differences & Practical Impact
Reference to IFSC in life-insurance entry Exclusion clause expressly excludes policies issued by "International Financial Services Centre insurance intermediary office" from the general test; IFSC office language appears within clause (a).

The Act broadens IFSC coverage differently (references to "International Financial Services Centre Insurance Office") and later adds a special carve-out that aggregate premium conditions do not apply to policies issued on or after 1 April 2025 by the IFSC Insurance Office.

Practical impact: IFSC-issued policies post-1-Apr-2025 enjoy relaxed aggregate-premium limits under the Act versus the Bill - this benefits IFSC policyholders and insurers.
Section reference for ineligible insurance sums Ineligibility lists section 127 (no subsection reference) and Keyman policies.

The Act specifies "section 127(4)" as ineligible; this narrows or clarifies which portion of section 127 is meant.

Practical impact: narrower/clearer exclusion scope for section 127 receipts, reducing interpretive ambiguity.
Aggregate premium thresholds for policies issued on/after 1-Apr-2023 ULIPs: aggregate <=Rs.2,50,000; other policies: aggregate <=Rs.5,00,000.

The Act restates these ceilings but then adds the IFSC carve-out for policies issued on/after 1-Apr-2025.

Practical impact: domestic policyholders unchanged, IFSC policyholders gain advantage.
NPS-related entries (Sl. Nos. 15 & 16) The Bill lacks specific entries for "lump sum amount" defined by a particular notification and for Unified Pension Scheme subscriber-specific references.

The Act adds two discrete entries (Sl. Nos. 15 and 16) dealing with NPS payments to Unified Pension Scheme subscribers and "lump sum amount" per a departmental notification dated 24 Jan 2025.

Practical impact: greater specificity and targeted exemption for Unified Pension Scheme subscribers under NPS, linking to a concrete notification (FX-1/3/2024-PR). This reduces uncertainty for affected NPS subscribers.
Equalisation levy income Bill includes Sl. No. 15 addressing income chargeable to equalisation levy.

The Act omits the Bill's Sl. No. 15 equalisation-levy entry or shifts numbering; comparison shows the Act instead includes other NPS-related items.

Practical impact: the treatment of equalisation-levy incomes requires reconciliation between Act text and prior Bill; taxpayers relying on the Bill's exclusion must verify the final Act wording (Not stated in the document).

Practical Implications

  • Compliance and risk areas: Life-insurance exclusions carry detailed temporal and quantitative conditions (period of issue, premium-to-sum-assured ratio, aggregate premium ceilings). Insurers and policyholders must verify issue date classifications and compute premium ratios and aggregate premiums across the policy term. The explicit ineligibility for keyman policies and section 127 receipts increases scrutiny over policy ownership and assignment.
  • NPS and provident fund entries impose record-keeping obligations: authorities and subscribers must track contributions made on or after 1 April 2021 separately, and identify portions of interest attributable to contributions exceeding thresholds. The method of computing the amount not excluded is left to prescribed rules - until rules are notified, potential uncertainty persists.
  • Equalisation-levy clause (Sl. No. 15): taxpayers and digital service providers should reconcile equalisation-levy exposure and Income-tax chargeability; the clause excludes income chargeable to equalisation levy except where the income is otherwise taxable in India as royalty/FTS under notified agreements (thus creating an interplay with tax treaty determinations and notifications u/s 159).
  • IFSC references: the Bill treats certain IFSC insurance intermediary office receipts differently in the life-insurance entry (exclusion/inclusion language differs versus the Act). Parties operating within IFSCs should note the special treatment and any administrative guidance forthcoming.
  • Procedural uncertainty: multiple entries defer to "as prescribed" computations and to notifications by the Central Government; until those are issued, taxpayers face interpretation and compliance risk. The Board's power to issue binding guidelines (with Central Government approval) is preserved, indicating administrative rule-making will shape practical application.

Key Takeaways

  • The Bill retains traditional exemptions (agriculture, scholarships, certain pension/retirement receipts) while imposing quantified tests on insurance exclusions (period-specific ratios and aggregate premium ceilings).
  • Interest on provident fund balances attributable to large post-1-April-2021 contributions is explicitly excluded from exemption, with thresholds (Rs.5,00,000 / Rs.2,50,000) and prescribed computation methods.
  • Equalisation-levy related income is newly addressed - excluded except where taxable in India as royalty/FTS under notified agreements.
  • Certain specific sums are expressly excluded from insurance exemption (section 127 receipts; Keyman insurance), tightening the prior broader language.
  • Several entries defer key operational questions to rules/notifications; substantial administrative guidance is required to operationalise the Schedule.

Full Text:

SCHEDULE II INCOME NOT TO BE INCLUDED IN TOTAL INCOME

Topics

Acts Income Tax
Next ➔