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
    Manuals Income Tax
    Whether the exemption u/s 10(38) is avaliable if the transaction is undertaken on a stock exchange l...
    Manuals Income Tax
    Whether Shares acquired as Gift from someone, are eligible for exemption u/s 10(38) at the time of s...
    Manuals Income Tax
    Whether an enhanced compensation by any court or other authority shall be included u/s 10(37)?
    Manuals Income Tax
    Whether the income on transfer of units is also exempt u/s 10(35)?
    Manuals Income Tax
    Whether the exemption u/s 10(34A) on income arising due to buyback of shares applies on Long Term Ca...
    Manuals Income Tax
    What are the cases where any sum received for life insurance policy u/s 10(10D) shall be exempt.
    Manuals Income Tax
    What type of incomes shall be exempted u/s 10(8)?
    Manuals Income Tax
    What are the conditions specified u/s 10(23A) for claiming exemption on Income of some Professional ...
    Manuals Income Tax
    What are the conditions as specified u/s 10(21) to avail exemption of any income of a research assoc...
    Manuals Income Tax
    As per section 10(19A), if the annual value of any one palace in the occupation of a former ruler, i...
    Manuals Income Tax
    Whether any amount received as family pension by any member of the family of an individual who has b...
    Manuals Income Tax
    A partner of the firm/LLP receives interest on capital and remuneration from the firm/LLP. Whether s...
    Manuals Income Tax
    Whether an amount received by an Individual (a co-parcener to the HUF) from this HUF would be taxabl...
    Manuals Income Tax
    Change in accounting policy - When is to be changed - What should be the basis for change in account...
    Manuals Income Tax
    Accrual of income - Scope of ICDS - If there is conflict between Section 5 and Section 145, which wo...
    Manuals Income Tax
    ICDS - Accrual basis of Accounting - Accrual of income versus Receipt of income
    Manuals Income Tax
    Bad debts out of income recognised on the basis of ICDS but not yet recognised in books of account
    Manuals Income Tax
    Applicability of ICDS for the purpose of disallowance u/s 40(a)(i) and 40(a)(ia)
    Manuals Income Tax
    Applicability of ICDS on TDS
    Manuals Income Tax
    Maintenance of Books of accounts for the purpose of ICDS
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

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

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Manuals Income Tax
Show AI Summary
Exemption under section 10(38) available when transaction is on an IFSC exchange and consideration is in foreign currency.
Exemption from long term capital gains under 10(38) applies despite non payment of Securities Transaction Tax if the transfer is on a recognised stock exchange in an International Financial Service Centre and the consideration is paid or payable in foreign currency.
Manuals Income Tax
Show AI Summary
Exemption under Section 10(38) applies to gifted shares on sale if the prior owner did not acquire them in a disqualifying manner.
Shares received as a gift are eligible for exemption under Section 10(38) on sale, provided the previous owner did not acquire the shares in a manner or under conditions that disqualify them from the exemption.
Manuals Income Tax
Show AI Summary
Exemption for enhanced compensation confirms enhanced compensation falls within exempted compensation under income tax law.
Enhanced compensation is treated as part of "compensation" for the purposes of the exemption under 10(37); amounts characterized as enhanced compensation are encompassed by the exemption framework and are not taxable under that provision, as stated in the income tax manual guidance on exempted income.
Manuals Income Tax
Show AI Summary
Income on transfer of units is not exempt under section 10(35); such transfer income remains taxable.
Income arising on the transfer of units is not covered by the exemption under 10(35); proceeds from disposal of units are not exempt under that clause and must be treated as taxable transfer income under ordinary tax provisions.
Manuals Income Tax
Show AI Summary
Exemption on buyback income applies irrespective of short term or long term capital gains for shareholders under income tax law.
The exemption on buyback income applies to a shareholder's receipt irrespective of the holding period; buyback proceeds are exempt from income tax in the shareholder's hands whether classified as short term or long term capital gains.
Manuals Income Tax
Show AI Summary
Life insurance exemption under section 10(10D) lists categories where policy receipts are fully tax-exempt from income tax.
Exemption under Section 10(10D) covers amounts received on life insurance policies in defined categories: proceeds on insurance of a dependent handicapped person, proceeds under key man policies, and proceeds where annual premiums exceed specified proportions of the actual capital sum assured for policies issued in particular periods; proceeds under the premium ratio exceptions are stated to be fully exempt if received on the death of the person.
Manuals Income Tax
Show AI Summary
Income exemption under Section 10(8): foreign government remuneration for duties in India and foreign-sourced taxable income.
Exemption under Section 10(8) covers two categories where agreements provide relief: remuneration paid by the foreign State for duties performed in India, and any other income arising outside India that the individual is required to tax as income or social security tax in that foreign State.
Manuals Income Tax
Show AI Summary
Exemption for professional institutions under section 10(23A) requires Central Government approval and exclusive application of income to objects.
Exemption under section 10(23A) requires that an institution apply its income, or accumulate it for application, solely to the objects for which it is established, and that the institution be approved by the Central Government; both conditions are cumulative for claiming the exemption.
Manuals Income Tax
Show AI Summary
Exemption for research association income requires exclusive application to objects and permitted investments with corpus exceptions.
Exemption requires that the research association apply its income, or accumulate it, wholly and exclusively to its objects, and that funds not be invested or deposited during the previous year except in forms permitted for trusts; exceptions to the investment restriction include assets forming part of the corpus, accretions to shares forming the corpus, and voluntary contributions maintained in kind such as jewellery or furniture.
Manuals Income Tax
Show AI Summary
Letting of former ruler's palace results in taxable income under section 10(19A), not eligible for exemption.
If any palace or portion occupied by a former ruler is let out, the rent or annual value of that let-out portion is not exempt and is taxable rather than eligible for the exemption applicable to former rulers.
Manuals Income Tax
Show AI Summary
Family pension exemption shields dependents of government servants or decorated servicemen from taxable income under income tax law.
Any amount received as family pension by members of the family of an individual who has been in Government service or has been awarded the Vir Chakra is fully exempted under the relevant income tax provision, and therefore excluded from the recipient's taxable income as an assessee-specific exemption.
Manuals Income Tax
Show AI Summary
Share of profit exemption: interest on capital and partner remuneration are not covered under the provision.
The exemption is confined to a partner's share of profit from the firm or LLP and does not extend to interest on capital or to remuneration paid to the partner; such receipts must therefore be treated separately from the profit-share exemption.
Manuals Income Tax
Show AI Summary
Exemption for HUF distributions may not apply where clubbing rules apply, affecting taxability of co parcener receipts.
Amounts received by an individual co parcener from the HUF are exempt in the hands of the assessee under the general exemption for such receipts, subject to the overriding provision dealing with clubbing or attribution of income which can limit that exemption.
Manuals Income Tax
Show AI Summary
Accounting policy change requires reasonable cause and substance-over-form treatment to reflect a true and fair view.
Accounting policies must present a true and fair view of the state of affairs and income; treatment and presentation must follow substance over legal form; an accounting policy shall not be changed without reasonable cause, and any change must serve faithful representation for income computation and disclosure.
Manuals Income Tax
Show AI Summary
Accrual versus accounting method: accrual-based charge under residency provisions overrides cash-basis bookkeeping for taxing income.
Where income has become taxable under the substantive provision governing non-resident receipts, that charging provision prevails over a taxpayer's cash-basis accounting; Section 145 is a machinery provision to effectuate the charge and cannot be used to defeat or nullify the substantive charge so as to allow taxable income to escape tax.
Manuals Income Tax
Show AI Summary
Accrual of income: recognition occurs when a vested right and debtor liability arise, not necessarily on actual receipt.
ICDS I explains that accrual of income arises when a vested right to receive payment emerges and a corresponding liability is created on the other party; postponement or non-receipt does not prevent accrual, though non-receipt may justify separate deductions or claims. Accrual and arisal denote an inchoate right prior to actual receipt, while receipt denotes physical collection, and for tax accounting the existence of the right and the debtor's liability are the operative tests for accrual-based recognition.
Manuals Income Tax
Show AI Summary
Deduction for bad debts allowed where income recognised under ICDS but not recorded in accounts is later irrecoverable.
Where a debt included in income on the basis of Income Computation and Disclosure Standards but not recorded in the accounts becomes irrecoverable, Finance Act, 2016 permits the debt (or part) to be allowed as a deduction in the year it becomes irrecoverable and deems that the debt has been written off in the accounts for the purposes of the deduction.
Manuals Income Tax
Show AI Summary
Applicability of ICDS: timing of TDS entries determines whether expenditure is disallowable under TDS disallowance provisions.
ICDS apply only to computation of income under Profit & gains from business or profession and Income from Other Sources. For Sections 40(a)(i) and 40(a)(ia), disallowance depends on whether tax was deductible and whether an entry creating that liability or deduction existed in the year expenditure was claimed; absence of such an entry negates disallowance, while prior-year deduction of tax prevents disallowance in the year of allowance.
Manuals Income Tax
Show AI Summary
ICDS exclusion from TDS timing: TDS deduction timing and taxable expenditure follow book credit or payment date.
ICDS does not affect TDS mechanics: the time for TDS (date of credit in books or date of payment) and the expenditure amount subject to deduction are determined by the books of account or payment date, not by ICDS computation of allowable expenditure.
Manuals Income Tax
Show AI Summary
ICDS compliance: prepare ICDS-based financials and reconciliations to ensure taxable income computation aligns with disclosure standards.
Differences between accounting under ICDS and other accounting frameworks can materially affect taxable income and subsequent years' computations; taxpayers should quantify divergences and account for consequential tax adjustments. Practically, maintain parallel ICDS-based profit and loss and balance sheet statements and prepare a detailed reconciliation with primary accounting records to ensure all ICDS adjustments are considered. Auditors must certify that computation of total income complies with ICDS, making transparent documentation of adjustments and reconciliations necessary for audit certification and tax compliance.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Comparison of SCHEDULE IX "DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION"." 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 IX - DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION".

Income-tax Act, 2025

At a Glance

The document is SCHEDULE IX (Schedule-IX) to the Income Tax Bill, 2025 (Old Version), prescribing deductions for deposits into Tea Development Account, Coffee Development Account and Rubber Development Account when computing income under the head "Profits and gains of business or profession." It matters to taxpayers engaged in growing and manufacturing tea, coffee or rubber, and to tax administrators overseeing allowable deductions and audit/compliance. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hook: Schedule IX proceeds "See section 48" (as annotated in the text). The Schedule governs quantum of deduction for amounts deposited into specified development accounts (special account or deposit account) and the conditions, withdrawal consequences, treatment on sale/transfer of assets acquired through such amounts, and interpretative definitions. Definitions provided in paragraph 6 explain terms such as Coffee Board, deposit account, deposit scheme, National Bank, Rubber Board, Special account, specified account and Tea Board. The Schedule applies to assessee carrying on the business of growing and manufacturing tea, coffee or rubber in India during the tax year.

Statutory Provision Mode

Text & Scope

The Schedule establishes a specific deduction regime for growers/manufacturers of tea, coffee and rubber. Key elements: (1) Quantum of deduction (paragraph 1); (2) conditions for claiming the deduction (paragraph 2); (3) restrictions on withdrawal from specified accounts and consequent taxability (paragraph 3); (4) non-allowance of deduction for expenditure met from account withdrawals (paragraph 4); (5) treatment on sale/transfer of assets acquired under the schemes (paragraph 5); and (6) definitions (paragraph 6).

Interpretation

Legislative intent reflected in the text: incentivise deposits into development accounts for the specific agricultural/plantation sectors while denying double tax benefits and ensuring deposits are used for sectoral purposes. The text prescribes the deduction to be the lesser of actual deposits or 40% of profits (para 1(1)(a)/(b)), and prioritises granting the deduction before set off of brought-forward losses (para 1(2) referencing section 110). The Schedule contains deeming provisions to pull back amounts into taxable income when withdrawn other than for specified purposes, when utilised for specified articles or when not utilised after release (para 3). It also contains anti-abuse rules on sale/transfer of assets within eight years (para 5).

Exceptions/Provisos

Carve-outs and conditions in the Schedule include:

  • Deduction limited to 40% of business profits computed under the head before making the deduction (para 1(1)).
  • Deduction allowed only if the assessee is carrying on the specified business in India and deposits funds in the specified account (para 2(1)(a)-(b)).
  • Audited accounts and furnishing of an audit report are required before the specified date referred to in section 63 (para 2(1)(c)).
  • Withdrawals are generally prohibited except in enumerated events (closure, death, partition of HUF, dissolution of firm, liquidation of company) (para 3(1)).
  • Withdrawals in certain circumstances or utilisation for specified articles are deemed taxable immediately (para 3(2)-(4)).
  • When assets acquired under the scheme are sold or transferred within eight years, the portion of cost relatable to the earlier deduction is taxed as business income (para 5(1)). Exemptions apply on sale to specified persons or on succession to a company, subject to conditions (para 5(2)).
  • Deductions claimed in one tax year cannot be claimed in any other tax year for the same amount (para 2(3)).

Illustrations

  • Example 1: An assessee operating a tea plantation deposits INR X into a special account during the tax year. If 40% of the assessed profits before deduction equals INR Y and X <= Y, the allowable deduction equals X; if X > Y, allowable deduction is limited to Y (para 1(1)).
  • Example 2: If the assessee withdraws the entire balance on closure of business, the amount withdrawn is deemed to be the profits and gains of business of that tax year and taxed accordingly (para 3(1), (2)).
  • Example 3: Asset A acquired using account funds is sold five years after acquisition; the part of asset cost attributable to earlier deduction is deemed income in the year of sale (para 5(1)).

Interplay

The Schedule refers to other statutory provisions: section 48 (heading reference), section 63 (specified date for furnishing audit report), and section 110 (set off of loss carried forward). It also invokes external statutory entities and enactments in definitions (Coffee Act, 1942; National Bank for Agriculture and Rural Development Act, 1981; Rubber Act, 1947; Tea Act, 1953; Companies Act, 2013 s.2(45)). Interaction with rules, notifications or circulars beyond those citations: Not stated in the document.

Practical Implications

  • Compliance and risk areas: Claimants must ensure strict compliance with deposit requirements and audit filings (para 2(1)(b), 2(1)(c)). Failure to comply or unauthorised withdrawals will trigger immediate taxability under para 3. Use of withdrawn funds to purchase "specified article or thing" also triggers income inclusion (para 3(3)).
  • Record-keeping/evidence: Taxpayers need contemporaneous evidence of deposits into specified accounts, authorisation under the special/deposit scheme, audit reports filed by the date in section 63, vouchers/invoices showing utilisation for permitted purposes, and asset acquisition and disposal records to demonstrate eight-year holding or qualifying exceptions on succession/sale to specified persons (paras 2-5). The Schedule requires the report "in such form and manner as prescribed" (para 2(1)(c)), implying retention of the prescribed form and accountant verification for audit trails.

Key Takeaways

  • The deduction equals the lesser of actual deposits into specified accounts or 40% of business profits (para 1(1)).
  • Deduction must be supported by deposits into a special account (National Bank) or deposit account under board schemes and by an audited report furnished by the specified date (para 2).
  • Withdrawals are tightly restricted; unauthorised withdrawals or release and non-utilisation/ utilisation for specified articles cause immediate taxation (para 3).
  • Assets acquired using such funds attract claw-back on sale/transfer within eight years, unless transfer is to specified persons or in permitted succession to a company meeting conditions (para 5).
  • Deductions once allowed in a tax year cannot be re-claimed in other years; partnerships or AOPs cannot pass the deduction to partners/members individually (para 2(3)-(4)).
  • The Schedule cross-references other statutory sections and statutory bodies; specific procedural form/manner is left to prescription (section 63 timing; "as prescribed") (paras 1(2), 2(1)(c)).
  • Definitions in para 6 are sector-specific and determine the scope of eligible schemes/accounts and institutional actors.

Differences from the Parallel Version and Practical Impact

Comparative differences between this Schedule (Income Tax Bill, 2025 - Old Version) and the other text presented (Schedule-IX of Income-tax Act, 2025) include the following principal divergences and their practical consequences:

  • Reference for set off of loss: This Bill version references section 110 for carry-forward loss set-off (para 1(2)); the Act version references section 112.
    • Practical impact: Potential change in cross-reference may affect interpretation or alignment with other loss-carry provisions; the text here does not explain the substantive difference between s.110 and s.112. Users must check which section governs loss carry-forward in the operative Act. The document does not state transitional treatment. (Document cross-reference difference noted.)
  • Timing of deposit for claiming deduction: The Bill version simply requires that the assessee "has deposited any amount in the specified account" (para 2(1)(b)). The Act version adds an express timing condition: deposit before the expiry of six months from the end of the tax year or before the due date of furnishing the return of income, whichever earlier.
    • Practical impact: The Bill version is less explicit on timing, which could lead to interpretive uncertainty about when deposits must be made to qualify. The Act version's explicit timing imposes a clear deadline beneficial for administration and certainty for taxpayers. The Bill text leaves the timing requirement ambiguous: Not stated in the document as to whether later enactments amend timing.
  • Form and manner language for audit report: The Bill text states the audit report to be "in such form and manner as prescribed and verified by such accountant," whereas the Act text says "in such form and manner as may be prescribed."
    • Practical impact: Both contemplate prescription; the Bill's explicit "verified by such accountant" emphasises accountant verification. Operationally this is minor but could affect the nature of the certification required; the Bill version appears to require both statutory audit and a separate accountant's verification form when accounts are audited under another law (para 2(2)).
  • Variation in wording for compliance where audit required under other law: The Bill version requires furnishing "the report of such audit along with report by an accountant," whereas the Act version requires furnishing "the report of such audit and a report by an accountant."
    • Practical impact: Substantively similar; drafting differences likely immaterial.
  • Definitional and textual discrepancies: The Bill version's definition of the Rubber Act citation is "Rubber Act, 1947 (34 of 1947)" (para 6(e)), while the Act text cites "24 of 1947." Also, the Bill version lacks an explicit definition of "special scheme" (it defines "deposit scheme" and "Special account" but not "special scheme"), whereas the Act version includes "special scheme means the scheme approved in this behalf by the Tea Board or the Coffee Board or the Rubber Board."
    • Practical impact: Citation errors and missing definitional text could create confusion about the statutory provenance and the precise institutional approval process for schemes; lack of a definition for "special scheme" in the Bill text may leave uncertainty about the approval or scope of such schemes until clarified by rules or later amendments.
  • Minor drafting variations in successor-company condition language: The Bill version speaks of transfer "in view of succession of business" and refers to "specified scheme or deposit scheme is applicable" (para 5(2)(b)), while the Act uses "in connection with succession" and the "provisions of special scheme or deposit scheme is applicable."
    • Practical impact: Subtle drafting differences-functionally similar but may require interpretive attention in succession cases (firms->companies) to establish continuity of scheme applicability and composition of shareholders/partners.

Action Points

  • Taxpayers in tea/coffee/rubber businesses should ensure deposits are made into the prescribed accounts and maintain complete audit records and prescribed audit reports by the date in section 63 (para 2).
  • Carefully review the operative Act for exact cross-references (sections 110/112) and the final wording of definitions such as "special scheme" and correct statutory citations before relying on the Bill wording for compliance planning (paras 1(2), 6).
  • Maintain documentation substantiating permitted utilisation of released funds, invoices for "specified articles or thing," and holding periods for assets acquired under the scheme to avoid claw-back (paras 3-5).

Full Text:

SCHEDULE IX - DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION".

Topics

Acts Income Tax