Loading...

⚠ ✕
❮ 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 ✕
🔎 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
    Intricacies of Taxation on Interconnect Charges in Telecom: Unraveling the Concept of 'Use or Right ...
    Case Laws Income Tax
    The Principle of Mutuality in Taxation: A Comprehensive Analysis of a Landmark Supreme Court Decisio...
    Case Laws Income Tax
    Landmark Income Tax Reassessment Case
    Case Laws Income Tax
    A Legal Dissection of Best Judgment Assessments in Tax Law, in the context of Sections 153A/153C in ...
    Case Laws Income Tax
    Complexities of Residential Status and Tax Liability
    Case Laws Income Tax
    Navigating International Taxation Waters
    Case Laws Income Tax
    Deduction u/s 80P: Navigating the Legal Labyrinth - Co-operative Societies Vis-a-vis Co-operative ba...
    Case Laws Income Tax
    Navigating Legal Complexities - Assessment in case of third parties post search and seizure - The pe...
    Case Laws Income Tax
    Scope of compliance of the Document Identification Number (DIN) in tax communications​​.
    Case Laws Income Tax
    Navigating the Nuances of Capital vs Revenue Expenditure: The Asian Hotels Ltd. Case Analysis
    Case Laws Income Tax
    Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS to the Government
    Case Laws Income Tax
    A Landmark Judgment on Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS ...
    Case Laws Income Tax
    Validity of reopening of assessment - need for a direct link between the portal's information and th...
    Case Laws Income Tax
    Disallowance of expenses - need for tax authorities to have a practical understanding of the nature ...
    Case Laws Income Tax
    Disallowance of the assessee's business expenditure claims related to the purchase of sugarcane from...
    Case Laws Income Tax
    Additions made u/s 69 and Section 56 in the absence of direct incriminating evidence linking the ass...
    Notifications Income Tax
    Manner of disposal of application for advance ruling under Income Tax Act, 1961
    Manuals Income Tax
    Computation of Turnover for the purpose of tax audit u/s 44AB - Speculation Business or Derivatives,...
    Act Rules Income Tax
    Income deemed to accrue or arise in India - Section 9
    Act Rules Income Tax
    Current Repairs - ‘Nature & Treatment’ of expense
❮
❯
❯❯
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
Case Laws Income Tax
Show AI Summary
Use or right to use: interconnect charges not treated as royalty under treaty because no transfer of use of IP.
The core question was whether interconnect usage charges fall within royalty by virtue of conferring the use or right to use a process or equipment. The tribunal held that IUC did not amount to royalty because the telecommunications processes were standard industry practice, not proprietary or secret, and therefore did not grant a transferable right to exploit intellectual property; treaty interpretation under the DTAA controlled characterization.
Case Laws Income Tax
Show AI Summary
Principle of mutuality: interest on clubs' bank deposits treated as commercial income and not mutuality-exempt.
The Court analysed whether investing clubs' surplus funds in bank fixed deposits preserved the identity between contributors and beneficiaries required by the Principle of Mutuality. It found that such investments diverted funds into commercial dealings with third parties and were not applied directly for members' mutual services, thereby breaking mutuality. As a result, interest earned on those investments did not qualify as exempt mutual receipts and was treated as taxable income.
Case Laws Income Tax
Show AI Summary
Reassessment notice limitations restrict tax authorities when issued beyond limitation or without mandated approval or procedural defects.
A reassessment issued after the three year limitation period and without approval from the specified authority fails statutory prerequisites and cannot sustain reassessment. Reassessment powers are limited to non disclosure or material misstatement of facts in the original assessment and do not extend to changes of opinion. TOLA 2020 does not expand substantive reassessment powers or alter approval requirements, and correct classification of expenses as capital or revenue remains central to tax consequence determinations.
Case Laws Income Tax
Show AI Summary
Best judgment assessment standards tightened when linked to search-and-seizure reassessments requiring documented satisfaction and DIN compliance.
Best judgment assessment under Section 144 is examined alongside Sections 153A and 153C, stressing that invocation of Section 144 must be grounded in the legitimate scope opened by search-related reassessments. The court emphasises that the Assessing Officer's satisfaction note must be substantively supported, administrative formalities such as a Document Identification Number must be complied with, and that extensions of assessment periods require concrete evidentiary justification.
Case Laws Income Tax
Show AI Summary
Residential status: extended employment definition can preserve non-resident tax status for cross-border business migrants abroad.
The tribunal addressed whether an individual who stayed 176 days in India and then moved to Mauritius on an occupation permit qualified as non-resident under Explanation 1(a) to the residence provision; after reviewing the occupation permit and appointment documentation and relying on precedent that construes "employment" to include self-employment and business activity, the tribunal found the explanatory extension applicable and excluded offshore receipts from Indian taxation.
Case Laws Income Tax
Show AI Summary
Section 172 shipping reimbursements govern TDS treatment, displacing Section 195 withholding for cross border damage payments.
The core operative finding is that cross border payments characterised as reimbursements for vessel damage fall within the specialised shipping income regime under Section 172, so the general non resident withholding approach under Section 195 (and higher rates applied due to documentation gaps under Section 206AA) was not the appropriate mechanism; classification by legal character governs the applicable withholding treatment.
Case Laws Income Tax
Show AI Summary
Co-operative bank classification: licensing requirement determines cooperative societies' tax deduction eligibility under section 80P provisions.
Eligibility for deduction under Section 80P depends on whether a cooperative society qualifies as a co-operative bank, which in turn requires evaluation of statutory definitions and the regulatory requirement of licensing under the Banking Regulation Act read with the NABARD Act and state cooperative laws; classification hinges on regulatory status and banking activity rather than merely providing credit to members.
Case Laws Income Tax
Show AI Summary
Interpretation of Section 153C limits third party assessment timelines to when seized materials reach the Assessing Officer.
The Supreme Court held that, for third parties found via search and seizure, the period for which returns must be filed is measured from the date seized materials are forwarded to the relevant Assessing Officer rather than from the date of the original search. The Court read Sections 153A and 153C to avoid unduly prejudicing uninvolved third parties and to prevent excessive record-retention and procedural burden, endorsing a fair, plain-language construction aligned with legislative intent.
Case Laws Income Tax
Show AI Summary
DIN compliance: omission of Document Identification Number can render tax orders procedurally noncompliant under CBDT Circular.
The dispute focuses on whether omission of the Document Identification Number (DIN) from a substantive tax order, despite issuance of an intimation letter containing the DIN, renders the communication noncompliant with CBDT Circular No.19/2019; the Tribunal treated a DIN-less order as deficient, rejected the revenue's rectification attempts and allowed relief to the assessee, while the High Court found no substantial question of law warranting interference, underscoring strict procedural adherence in tax communications.
Case Laws Income Tax
Show AI Summary
Renovation and consultancy expenses for hotels treated as revenue when they preserve existing assets without creating enduring capital benefits.
Classification of renovation and related consultancy expenses turns on whether works create a new asset or an enduring capital advantage. Expenditure that preserves existing condition, maintains competitiveness, or restores assets without materially improving life or efficiency is revenue in nature. Consultancy fees aligned with such maintenance are treated as revenue expenditure rather than capital outlay.
Case Laws Income Tax
Show AI Summary
TDS credit entitlement affirmed: deductee entitled to credit despite deductor's non-deposit, preventing indirect recovery.
Credit for tax deducted at source on interest payments is to be treated as tax paid on the deductee's behalf and does not depend on the deductor's remittance; statutory protections against indirect recovery prevent the revenue from seeking the same tax from the deductee when the deductor fails to deposit the deducted amount, and the deposit requirement in the applicable provisions does not negate the deductee's entitlement to such credit.
Case Laws Income Tax
Show AI Summary
Tax credit for TDS: deductee entitled to credit even if deductor failed to deposit the retained tax with government.
The Court treats amounts retained by a deductor as remaining tax and concludes the statutory credit mechanism for tax deducted at source does not condition a deductee's entitlement on the deductor having deposited the retained amount with the government, thereby barring indirect recovery or adjustment against the deductee where tax has been deducted at source.
Case Laws Income Tax
Show AI Summary
Use of portal data: digital information needs a direct evidential link before reopening income tax assessments.
Reopening assessments requires a direct evidential link between portal-derived information and the income alleged to have escaped assessment; portal data alone is insufficient without documentary support for transactions or gifts, and a show cause notice must provide adequate particulars and reflect proper consideration of the taxpayer's response before reassessment proceeds.
Case Laws Income Tax
Show AI Summary
Disallowance of expenses must rest on specific documentation defects, not on blanket percentage adjustments.
Disallowance of business expenses on a summary or estimate basis requires specific, pointed deficiencies and cannot rest on generalized conclusions about excessiveness; in businesses with routine small transactions, tax authorities must examine the nature of operations and identify particular defects in documentation before applying blanket percentage disallowances.
Case Laws Income Tax
Show AI Summary
Statutory Minimum Price interpretation: excess cane payments treated as appropriation of profits, not deductible business expense.
The core issue is whether payments for sugarcane in excess of the Statutory Minimum Price (SMP) are deductible business expenditures or constitute an appropriation of profits. The Assessing Officer relied on standard accounting practice requiring provisions for liabilities at year end and treated post closing excess payments as distributions of operational surplus. The appellate view upheld that cooperative status does not alter the tax analysis and that payments beyond the SMP do not qualify as allowable business expenses absent proper provisioning within the accounting period.
Case Laws Income Tax
Show AI Summary
Direct incriminating evidence requirement: third party search materials alone cannot sustain unexplained investment additions.
Additions alleged as unexplained investments and undisclosed interest income based on third party search materials require a demonstrable direct nexus between those seized records and the assessee; absent such direct incriminating evidence, reliance on third party statements or documents is insufficient. Procedural safeguards and transactional indicia-such as cross examination opportunities, banking records, documentary support, and TDS-reduce the probative value of seized material when direct linkage is lacking.
Notifications Income Tax
Show AI Summary
Majority decision with third member nomination resolves member disagreements in advance ruling panels, enabling electronic pronouncement and communication.
Amendments to the e advance rulings Scheme require the Board for Advance Rulings to consider responses, provide an opportunity of being heard by video conferencing or video telephony, pronounce the advance ruling and send it to the applicant and relevant authority. If Members differ on any point, the Principal Chief Commissioner (International Taxation) will nominate a Member from another Board and the majority opinion, including the nominated Member, will prevail in deciding the disputed point or points.
Manuals Income Tax
Show AI Summary
Turnover computation for derivatives and speculation: include absolute differences and option premiums under tax audit rules.
Turnover for tax audit purposes differs by transaction type: speculative transactions use the aggregate of realised favourable and unfavourable differences; derivatives, futures and options use the absolute total of favourable and unfavourable differences with option premium included unless already counted in net profit; reverse trade differences are included; delivery based transactions use total sales value as turnover.
Act Rules Income Tax
Show AI Summary
Income deemed to accrue in India when linked to an Indian business connection, property, services, or specified payments.
Section 9 deems income arising outside India to accrue in India where it is derived directly or indirectly from a business connection in India, from property or a source of income in India, or from transfer of a capital asset situated in India. It also treats salary for services rendered in India, government-paid salary to Indian citizens for foreign services, dividends by Indian companies to non-residents, and specified interest, royalties and technical fees (subject to exceptions based on use outside India) as deemed to accrue in India. Gifts by residents to non-residents after 5 July 2019 are similarly deemed.
Act Rules Income Tax
Show AI Summary
Current repairs classification distinguishes capital expenditure from revenue deductions for building and machinery repairs under income tax rules.
Classification of current repairs determines whether expenditures on buildings and on plant and machinery are revenue deductions or capitalised: enduring benefit or substantial enhancement is capital, while routine restorative or replacement outlays that merely maintain existing earning capacity are revenue; Sections 30 and 31 provide the statutory context for rent, rates, taxes, repairs and insurance for buildings and for machinery, plant and furniture.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Comparison of SCHEDULE IV "INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

18 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

SCHEDULE IV - INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS

Income-tax Act, 2025

At a Glance

Schedule IV (Old Version) to the Income Tax Bill, 2025 lists categories of income that shall not be included in the total income of specified eligible non-residents, foreign companies and other persons (see section 11 reference). It matters for non-resident individuals and foreign entities interacting with India (embassies, foreign enterprises, foreign companies, European Economic Community etc.). Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hook: SCHEDULE IV is framed under "See section 11" of the Bill. The Schedule sets out tabulated exemptions (column A: serial number; B: income not to be included; C: eligible persons; D: conditions). The Schedule covers diverse categories including interest on NRE accounts, diplomatic remuneration, employees of foreign enterprises, incomes linked to foreign ships, government trainees, royalties/fees for technical services to specified security agencies, offshore banking unit deposits, cruise ship lease rentals, investments by the European Economic Community, and specified crude-oil related receipts to foreign companies. Definitions or explanatory notes: Note 1 (Sl. No. 9) defines "specified company", "holding company" and "subsidiary company"; Note 2 defines "European Economic Community". No other standalone definitions are provided within the Schedule.

Statutory Provision Mode

Text & Scope

The Schedule operates by excluding from computation of total income certain enumerated receipts of eligible non-residents and foreign companies, subject to conditions. Each serial entry specifies (i) the class of income, (ii) the class of eligible person(s), and (iii) conditions that must be satisfied for the income to be excluded. The exclusions are limited to the headings set out in the Table. The Schedule cross-references other statutory instruments: section 2(w) of the Foreign Exchange Management Act, 1999 (for residency definition), section 2(u) of the Special Economic Zones Act, 2005 (for Offshore Banking Unit), and sections of the Income-tax Act, 1961 (for certain sub-sections listed at Sl. No. 14).

Interpretation

Legislative intent, as discernible from textual structure: to provide targeted exemptions for certain foreign-sourced or diplomatically connected incomes, strategically significant commercial arrangements (e.g., crude oil storage/sale by notified foreign companies), and to maintain reciprocity for diplomatic personnel. The Schedule uses notification powers (Central Government) and pre-conditions (e.g., residence outside India, RBI permission, aggregate days of stay) as mechanisms to limit the benefit to particular factual situations. The text indicates that the exemption is conditional rather than absolute, requiring specified factual predicates and administrative notifications.

Exceptions/Provisos

Carve-outs and conditions appear in column D against each serial number. Notable conditions include:

  • Sl. No. 1: interest on moneys in a Non-Resident (External) Account in Indian banks as per FEMA and rules.
  • Sl. No. 2: diplomatic/trade commissioner exemption conditioned on reciprocity and staff status (not engaged in business/profession in India).
  • Sl. No. 3 and 4: time-bound presence (90 days aggregate in tax year) and absence of employer's taxable presence in India.
  • Sl. No. 6-7: notifications by Central Government and specified recipient being National Technical Research Organisation for certain royalties/fees.
  • Sl. No. 8: deposit date threshold (on or after 1 April 2005) and Offshore Banking Unit reference.
  • Sl. No. 9: intra-group cruise ship lease rental conditions, and temporal limitation to tax years beginning on or before 1 April 2029.
  • Sl. Nos. 11-13: Central Government notification and agreements/arrangements entered into or approved by Central Government, with national interest consideration, and limitations on activities of the foreign company in India.
  • Sl. No. 14: incomes falling under specified sections of the Income-tax Act, 1961 subject to conditions specified therein.

Illustrations

  • Example 1: An individual non-resident holding a Non-Resident (External) Account with interest earned thereon - the interest is excluded from total income if the account is maintained as per FEMA and rules. (Directly consistent with text.)
  • Example 2: A non-citizen employee of a foreign enterprise who visits India for 60 aggregate days in the year to provide services for a foreign employer that has no trade or business in India - his remuneration for services rendered during the stay is excluded provided the remuneration is not taxable to the employer under the Act. (Consistent with Sl. No. 3.)
  • Example 3: A notified foreign company stores crude oil in India under a Central Government-approved arrangement and sells the oil to an Indian resident as per the agreement - the income accruing from storage and sale is not included in total income subject to notification. (Consistent with Sl. Nos. 12-13.)

Interplay

The Schedule expressly interacts with: FEMA, 1999 (residency definition and NR(E) accounts); Special Economic Zones Act, 2005 (Offshore Banking Units); and referenced sections of the Income-tax Act, 1961 for Sl. No. 14 exemptions. Several exemptions depend on Central Government notification or agreements entered into/approved by the Central Government, indicating administrative coordination between tax authorities and executive departments. No rules or notifications beyond these cross-references are reproduced in the document.

Differences between SCHEDULE IV - Income-tax Act, 2025 (Document 1) and Income Tax Bill, 2025 - Old Version (Document 2)

  • Textual corrections and punctuation: Document 1 contains minor editorial differences (for example, punctuation and phrasing around clauses (a)-(d) under Sl. No. 11 and Sl. No. 12 are slightly more concise).
    • Practical impact: purely editorial; no substantive change in scope or meaning appears from the texts provided.
  • Minor wording differences on eligibility phrases: e.g., Document 2 in Sl. No. 8 specifies "Non-resident or a person who is not ordinarily resident in India," whereas Document 1 uses "Non-resident or a person who is not ordinarily resident."
    • Practical impact: nominal; contextually both identify same classes of persons; if interpreted strictly, omission of "in India" could raise an interpretive question but the intent remains the same.
  • Variation in presentation of Sl. No. 11 and 13 wording: Document 1 states that the Central Government may notify "any person in India" and that the foreign company and the agreement are notified "having regard to the national interest"; Document 2 requires that "such agreement is entered with the foreign company, having regard to the national interest, and the agreement or arrangement is notified."
    • Practical impact: Document 1 frames notification of the company and agreement slightly differently; both require Central Government notification and national-interest consideration. Substantively the scope of exemption is governed by Central Government notification; any difference is stylistic unless read to alter the sequencing of notification vs. entry of agreement - not expressly stated as a legal difference in the texts.
  • Formatting and small textual insertions: Document 2 contains a stray full stop after the clause in Sl. No. 7(b) and some additional bracket spacing in Sl. No. 14.
    • Practical impact: typographical; no substantive legal consequence discernible from the provided materials.

Practical Implications

  • Compliance and risk areas: taxpayers and foreign entities must ensure that qualifying conditions (residency status, period of stay, RBI permission, Central Government notification/approval, and absence of trade or business in India) are satisfied and documented before claiming the exclusion. Failure to meet stated conditions risks disallowance and tax exposure.
  • Record-keeping/evidence: maintenance of residency documentation (FEMA definitions), RBI permissions for NR(E) accounts, travel and stay records (to evidence the 90-day threshold), copies of Central Government notifications/agreements, and employer payroll records to show whether employer's income is chargeable in India. For Sl. No. 9, intra-group corporate documentation establishing holding/subsidiary relationships as per Note 1 is relevant.

Key Takeaways

  • Schedule IV enumerates limited classes of income excluded from "total income" for particular non-residents and foreign entities, subject to explicit conditions and administrative notifications.
  • Most exemptions require factual predicates (residency status, period of presence, non-engagement in business in India) and/or Central Government notification or agreement.
  • Several exemptions are purpose-specific (diplomatic reciprocity, security projects, national-interest crude oil arrangements, cruise ship group structures, EEC investment schemes).
  • Document differences between the Act version and the Bill old version are largely editorial and typographical; no substantive changes are discernible from the texts provided.
  • Taxpayers and advisers should retain documentary evidence of qualifying conditions and track Central Government notifications/approvals relevant to the Schedule.

Full Text:

SCHEDULE IV - INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS

Topics

Acts Income Tax