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ICDS applicability limited to mercantile accounting; excludes cash-accounting and individuals/HUFs not subject to tax audit.
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Composition levy on exempt supplies raises eligibility ambiguity due to turnover inclusion versus ineligibility for non leviable supplies.
The composition levy's tax base, as defined by turnover, expressly includes exempt supplies, indicating that composition tax is payable having regard to exempted goods; however, Section 10(2)(b) disqualifies persons making supplies "not leviable to tax," creating an ambiguity whether exempt supplies (which definitionally includes nil rated and wholly exempt supplies and non taxable supplies) render a person ineligible for composition. Commentators note this tension and call for clarification or amendment to reconcile the turnover inclusion with the eligibility restriction.
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Eligibility for composition scheme may be barred by prior inter state supplies, even if current turnover is below threshold.
A registered person who made inter state supplies during the previous year is ineligible to opt for the composition scheme in the current year, because eligibility under Section 10 is determined with reference to the preceding financial year; thus the absence of inter state supplies must be assessed for the previous year even if turnover remains below the threshold.
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Composition scheme eligibility: turnover in preceding financial year determines entitlement; aggregate turnover is all-India and fresh declaration required.
Eligibility for the composition scheme depends on aggregate turnover in the preceding financial year not exceeding the prescribed threshold; aggregate turnover is computed on an all India basis and includes taxable supplies (excluding inward reverse charge supplies), exempt supplies, exports and inter State supplies by the same PAN, while excluding GST and cess. Eligibility is reassessed each year; a fresh declaration is required to opt into the scheme after becoming eligible.
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Composition scheme validity continues while statutory conditions are met; annual intimation is not required for eligible taxpayers.
The composition levy remains valid so long as statutory eligibility conditions and applicable CGST Rules are complied with; no fresh annual intimation is required if those conditions continue to be met.
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Composition levy option must be elected before the financial year begins; prior electronic intimation required.
The option to pay tax under the composition levy must be exercised by giving electronic intimation in FORM GST CMP-02 prior to the commencement of the relevant financial year under the Central Goods and Services Tax Rules, 2017.
Act Rules GST
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Composition levy withdrawal: file FORM GST CMP-04 and submit FORM GST ITC-01 detailing stock within the prescribed period.
Withdrawal from the composition scheme is effected by filing a duly signed or verified application in FORM GST CMP-04, and the applicant must electronically furnish FORM GST ITC-01 detailing stock of inputs and inputs contained in semi-finished or finished goods held on the date of withdrawal within thirty days of withdrawal.
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Composition scheme: importers may remain in composition though IGST on imports may not yield input tax credit, service providers excluded.
Importers can opt for the composition scheme where otherwise eligible; there is no categorical bar on importers availing composition levy. IGST is payable on import and such tax may not yield input tax credit for a composition taxpayer. Pure service providers remain ineligible for composition, and importing services for business or captive consumption does not automatically make a person a service provider or disqualify composition eligibility.
Act Rules GST
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Composition scheme eligibility: exporters cannot use composition tax where their supplies are treated as inter State, barring such option.
Exports are treated as inter State supplies for GST purposes. The composition levy prohibits a taxpayer from making inter State outward supplies of goods while paying tax under the composition scheme. Therefore, an exporter whose transactions are classified as inter State supplies cannot opt to pay tax under the composition scheme in respect of those export supplies.
Act Rules GST
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Composition scheme: suppliers cannot make inter State outward supplies to SEZ while remaining in the scheme.
Supplies from the domestic tariff area to an SEZ are treated as inter State supplies, and Rule 5/Section 10 conditions for the composition levy prohibit a composition taxpayer from making inter State outward supplies; therefore a person paying tax under the composition scheme cannot make outward supplies of goods to an SEZ while remaining in the scheme.
Act Rules GST
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Composition scheme eligibility denied where stock on appointed day was purchased inter state, imported, or received from outside State.
Persons below the turnover threshold who hold stock on the appointed day cannot opt for the composition scheme if that stock was purchased inter state, imported, or received from an out of State branch, agent or principal; possession of such goods on the appointed day disqualifies a registered person from the composition levy.
Act Rules GST
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Composition scheme eligibility barred for casual and non-resident taxable persons; cannot claim composition as casual dealer.
A taxpayer acting as a casual taxable person or a non-resident taxable person is expressly excluded from the composition levy; therefore casual dealers and non-resident taxable persons cannot avail the composition scheme while operating in that capacity.
Act Rules GST
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Composition scheme ineligibility: manufacturers of ice cream, pan masala and tobacco and certain suppliers cannot opt.
Section 10(2) excludes five categories from the composition scheme: suppliers of services (except restaurant services), suppliers of non taxable goods, inter State suppliers, persons supplying through electronic commerce operators, and manufacturers of notified goods. Rule 5 adds further ineligible classes. A notification further specifies that manufacturers of ice cream, pan masala, and all tobacco and manufactured tobacco substitutes are not eligible for composition levy.
Act Rules GST
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Composition scheme lapse triggers transition to regular tax liability and requires issuing tax invoices and filing withdrawal notice promptly.
Crossing the aggregate turnover threshold causes the composition option to lapse from the day the threshold is exceeded; the person is liable to pay tax under section 9 from that day and must issue tax invoices for every taxable supply made thereafter. The person must also file an intimation for withdrawal from the scheme in FORM GST CMP-04 within seven days of the occurrence of such event.
Act Rules GST
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Composition scheme eligibility may be available for suppliers using e-commerce operators while TDS/TCS provisions remain inoperative.
Eligibility for the composition scheme is negated for suppliers making supplies through an electronic commerce operator required to collect tax at source; however, because the TDS/TCS provisions are not yet operative and ECOs are not required to collect tax, suppliers using ECOs may currently opt for the composition scheme until the collection provisions are brought into force, and an administrative clarification from the government is recommended to remove uncertainty.

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Comparison of SCHEDULE XI "RECOGNISED PROVIDENT FUNDS" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

18 September, 2025

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SCHEDULE XI - RECOGNISED PROVIDENT FUNDS

Income-tax Act, 2025

At a Glance

These two texts are versions of Schedule XI dealing with recognised provident funds, approved superannuation funds and gratuity funds: Document 1 is titled "SCHEDULE-XI of Income-tax Act, 2025" (Act version) and Document 2 is titled "Income Tax Bill, 2025 - Old Version" (Bill - old). They are largely congruent substantively but contain drafting differences: textual refinements, cross-reference variations, and at least one change in statutory reference governing "Government securities." Impacted parties include employers, trustees of funds, employees participating in such funds, tax authorities and the Board (Rule-making body). No effective date is stated in the texts provided.

Background & Scope

Statutory hook: Schedule XI [See section 2(91)] (recognised provident funds; approved superannuation and gratuity funds) as part of the Income-tax law corpus. The Schedule sets out recognition/approval regimes, definitions, conditions for recognition/approval, tax treatment of contributions/accumulations, reporting and procedural obligations, powers of the Board to make rules, and appeals against adverse administrative orders. Definitions provided include "approving authority", "employer", "employee", "contribution", "balance to the credit of an employee", "annual accretion", "accumulated balance due to an employee", "regulations of a fund" and "salary". No definitions of "Board", "Fund Commissioner" or effective dates are provided within the Bill text.

Statutory Provision Mode

Text & Scope

The document is SCHEDULE-XI concerning recognised provident funds, approved superannuation funds and gratuity funds. It is presented as Part A (Recognised Provident Funds), Part B (Approved Superannuation Funds and Gratuity Funds), and Part C (rule-making powers). The Schedule operates under the Income Tax Bill/Act framework (See section 2(91)). Coverage extends to recognition and approval of funds, conditions for recognition/approval, tax treatment of contributions, interest and accumulated balances, accounts and reporting requirements, appeals against recognition/approval decisions, and Board rule-making powers. The Schedule excludes funds governed by the Provident Funds Act, 1925.

Interpretation

The text frames legislative intent to regulate tax consequences of employer and employee contributions to employment-related retirement funds while permitting administrative oversight through an "approving authority" (Principal Chief Commissioner/Chief Commissioner/Principal Commissioner/Commissioner) and rule-making by the Board. The drafting emphasises:

  • Recognition/approval is discretionary, conditional and revocable by administrative authority.
  • Tax treatment is tied to compliance with specified structural conditions (trust form, vesting, nature of fund assets, payment/withdrawal rules, and residency/employee scope).
  • Where conditions are not met (or not applicable), ordinary tax rules apply (e.g., accumulated balances may be included in total income and treated as salary in certain contexts).

Exceptions/Provisos

The Schedule contains several provisos and relaxations:

  • Paragraph 1: Exclusion - Schedule does not apply to funds covered by the Provident Funds Act, 1925.
  • Part A paragraph 5: Approving authority may relax conditions (e.g., funds maintained by employers with principal place of business outside India provided <=10% employees outside India; special contribution rules for employees serving in armed forces or national service; retention of accumulated balances on employee request; special relaxation for low-salary employees and contingent bonuses).
  • Part A paragraph 8: Exclusion of accumulated balance from total income when continuous service >=5 years or termination for specified causes; transfer to recognised fund or notified pension scheme also qualifies.
  • Part B paragraph 3: Approval for superannuation/gratuity funds requires irrevocable trust, >=90% employees in India and payment of benefits in India, among other conditions.
  • Part C: Rule-making constrained by statutory limits (e.g., no rule can require more than 50% of fund money to be invested in government securities - note differing statutory source in drafts).

Illustrations

  • Example 1: An employee with continuous service of six years receives accumulated balance on cessation of employment - the accumulated balance is excluded from the employee's total income under paragraph 8(1)(a).
  • Example 2: An employer contributes 15% of an employee's salary to a recognised provident fund; the portion exceeding 12% (i.e., 3%) is "deemed to have been received by the employee" and included in his total income for that tax year under paragraph 6.
  • Example 3: A provident fund is recognised but a portion of its assets includes capital gains from transfer of capital assets - such gains are permitted fund components under paragraph 4(e)(v).

Interplay

The Schedule expressly interacts with:

  • Provident Funds Act, 1925 - funds under that Act are excluded from this Schedule.
  • Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - paragraph 4(f) ties eligibility to establishments covered u/s 1(3) or notified u/s 1(4) of that Act, and to exemptions u/s 17 schemes.
  • Other tax provisions - paragraph 6 links to rates fixed by Central Government by notification for interest treatment; paragraph 10 invokes Chapter XIX-B procedural rules for tax deduction at source (TDS) as if the balance were salary.
  • Rule-making restrictions reference a statute governing "Government securities" (the Bill and Act texts differ as to which statute supplies the definition), which affects investment regulation under Part C.

Differences between SCHEDULE-XI of Income-tax Act, 2025 and SCHEDULE-XI of Income Tax Bill, 2025 - Old Version

  • Language and drafting variances: The Act text (Document 1) uses slightly different phrasing in definitions (e.g., "credited by or on behalf of any employee out of his salary, or by an employer out of his own funds" vs. Bill text "credited by or on behalf of any employee from his salary, or by an employer from his own funds"). These are drafting differences only and do not change substantive meaning.
    • Practical impact: Minimal; no change in legal effect.
  • Terminology for certain clauses and cross-references: In Part C (power to make rules), Document 1 cites "Government Securities Act, 2006" and refers to "section 2(f) of the Government Securities Act, 2006"; Document 2 references "section 2 of the Public Debt Act, 1944" (or earlier draft language). The Bill (Document 2) also contains editorial footnotes and alternative wording such as "as prescribed" vs "may be prescribed" in some places.
    • Practical impact: Potentially material for interpretation of investment limits (i.e., which statutory definition of "Government securities" applies). If the Act adopts the Government Securities Act (2006) definition, that may differ from the Public Debt Act (1944) definition used in the Bill; this affects which instruments qualify as government securities for the 50% investment cap and could affect trustees' permitted investments.
  • Substantive alignment and rewording of specific paragraphs: In some paragraphs the Act clarifies or restructures language (for example, paragraph 5(3) in Document 1 states "Irrespective of anything contained in paragraph 4(e) or (i),-" while Document 2 states "Irrespective of anything contained in paragraph 4(e) or paragraph 4(i),-".) These are editorial only.
    • Practical impact: None substantive; only formatting/drafting clarity.
  • Headings, numbering and minor content differences: Document 1 uses headings such as "Accounts of recognised provident funds.- (1) The accounts..." while Document 2 uses similar headings but sometimes adds slight wording changes (e.g., "Appeal" vs "Appeals", "Liabilities of trustees on cessation of approval" vs "Liability of trustees on cessation of approval").
    • Practical impact: Procedural or interpretive impact is negligible unless an amended heading reflects a legislative intent to change multiplicity (e.g., singular/plural) - but the text of paragraphs remains substantively the same.
  • Cross-references to other Schedules/Sections and Table references: Document 1 refers to "Schedule II (Table: Sl. No. 8)" in Part B para 7; Document 2 also references Schedule II (Table: Sl. No. 8) but a footnote corrects some earlier drafting errors elsewhere. There is no material difference in the substantive treatment.
    • Practical impact: None substantive; only a drafting correction in the Bill had been noted.
  • Rule-making clause references to Board powers and section 534: Document 1 ends Part C with "All rules made under this Part shall be subject to section 534." Document 2 likewise ends with "Rules to be subject section 534.-All rules..." The Bill includes a minor textual difference in citation of the enabling section for rules (Public Debt Act vs Government Securities Act), as noted above.
    • Practical impact: The practical effect is to confirm executive rule-making remains subject to section 534; no substantive change beyond the securities definition difference flagged earlier.

Practical Implications

  • Compliance and risk areas: Trustees and employers must ensure funds comply with structural conditions (trustee vesting, non-revocability, permitted assets, payment rules, employee/residency thresholds) to secure recognition/approval and preserve tax exemptions. Failure may expose accumulated balances to inclusion in employee's taxable income and create TDS obligations under Chapter XIX-B.
  • Record-keeping/evidence: The Schedule requires maintenance of prescribed accounts, availability of records for inspection and provision of abstracts to the Assessing Officer. Trustees should retain clear records of employee contributions credited, employer contributions, interest calculations, transfers between funds, and documentation supporting conditions for exemption (e.g., proof of continuous service, reasons for termination).
  • Investment compliance: Trustees must monitor permitted investments and the 50% government securities cap in rules - attention is required to which statutory definition of "government securities" is applied (see differences noted above).

Key Takeaways

  • The Schedule conditions tax-favourable treatment on strict structural and operational criteria for provident, superannuation and gratuity funds.
  • Employer contributions above specified thresholds (12% for provident funds) and excess interest credited at rates above notified ceilings are taxable in the hands of employees.
  • Recognition/approval is administratively controlled and revocable; trustees must comply with information, accounts and reporting obligations and face inspection and appeal procedures.
  • Relaxations exist for overseas employer funds (<=10% employees outside India), armed forces service, retention of transferred balances, and low-salary employees - but only at approving authority's discretion and subject to rules.
  • When recognition/approval is accorded to funds with pre-existing balances, transferred balances may be brought into tax in the tax year recognition takes effect, subject to Board rules and possible summary calculation in accounting difficulty cases.
  • Trustees remain potentially liable for tax consequences even after cessation of approval/recognition in respect of payments attributable to earlier periods.
  • Minor drafting differences between Bill and Act versions are mostly editorial; the notable substantive drafting difference concerns which statute defines "government securities" for investment limits, affecting permissible investments.

Full Text:

SCHEDULE XI - RECOGNISED PROVIDENT FUNDS

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Acts Income Tax