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
    Act Rules Income Tax
    Comparison of Section 21 "Determination of annual value" between the Income-Tax Act, 2025 (as passed...
    Act Rules Income Tax
    Comparison of Section 19 "Deductions from salaries" between the Income-Tax Act, 2025 (as passed) and...
    Act Rules Income Tax
    Comparison of Section 17 "Perquisite" between the Income-Tax Act, 2025 (as passed) and the Income-Ta...
    Act Rules Income Tax
    Comparison of Section 11 "Incomes not included in total income" between the Income-Tax Act, 2025 (as...
    Act Rules Income Tax
    Comparison of Section 9 "Income deemed to accrue or arise in India" between the Income-Tax Act, 2025...
    Act Rules Income Tax
    Comparison of Section 8 "Income on receipt of capital asset or stock-in-trade by specified person" b...
    Act Rules Income Tax
    Comparison of Section 6 "Residence in India" between the Income-Tax Act, 2025 (as passed) and the In...
    Act Rules Income Tax
    Comparison of Section 5 "Scope of total income" between the Income-Tax Act, 2025 (as passed) and the...
    Act Rules Income Tax
    Comparison of Section 4 “BASIS OF CHARGE” between the Income‑Tax Act, 2025 (as passe...
    Act Rules Income Tax
    Comparison of Section 2(105) "Stamp duty value" between the Income‑Tax Act, 2025 (as pas...
    Act Rules Income Tax
    Comparison of Section 2(101) "short-term capital asset" between the Income‑Tax Act, 2025...
    Act Rules Income Tax
    Comparison of Section 2(29) "Company in which the public are substantially interested" between...
    Act Rules Income Tax
    Comparison of Section 2(28) "Company" between the Income-Tax Act, 2025 (as passed) and the Income-Ta...
    Act Rules Income Tax
    Comparison of Section 2(22) "Capital Assets" between the Income-Tax Act, 2025 (as passed) and the In...
    Case Laws Income Tax
    Remuneration and interest received by an individual partner from a partnership firm can be subjected...
    Case Laws Income Tax
    Judicial Recall and Tax Implications in Trust Settlements: Using AI-generated citations without prop...
    Case Laws Income Tax
    Corporate Mergers and Tax Assessment: Navigating Legal Entity Changes and rectification u/s 292B
    Case Laws Income Tax
    Reconciling Procedural Timelines with Limitation Periods in Income Tax Reassessments
    Case Laws Income Tax
    Condoning Delay in Filing Income Tax Return: A Case for Equitable Consideration
    Case Laws Income Tax
    Disallowance u/s 14A: Navigating the Interplay of Exempt Income and Expenditure
❮
❯
❯❯
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
Act Rules Income Tax
Show AI Summary
Determination of annual value: higher of expected or actual rent, with narrowed vacancy test and specific exemptions.
Annual value is the higher of expected rent or actual rent received/receivable where let; the enacted text narrows vacancy relief by requiring that vacancy-related reduction make actual rent lower than the notional expected rent before annual value is fixed at actual receipts. Local taxes actually paid reduce annual value, unrealised rent is excluded subject to rules, stock-in-trade newly completed and not let enjoys two years nil annual value upon completion certificate, and owner-occupation yields nil annual value for up to two specified houses unless let or other benefits are derived.
Act Rules Income Tax
Show AI Summary
Deductions from salaries: defined categories, formulaic computation and aggregation limits govern tax relief eligibility.
Section 19 itemises fourteen categories of salary related receipts that are deductible or exempt and prescribes formulas, ceilings and conditions for each. Relief for gratuity, leave encashment, pension commutation, retrenchment and voluntary retirement is computed by statutory formulas or by reference to notified limits and other enactments; an aggregation rule limits cumulative exemption where multiple receipts occur. The provision depends on cross references to other statutes and notifications, requiring classification, documentary evidence and tracing of prior exemptions to determine allowable deductions.
Act Rules Income Tax
Show AI Summary
Perquisite taxation: employer-provided benefits and securities treated as taxable salary components, with limited exclusions and prescribed valuation.
Section 17 defines perquisite for salary taxation by listing employer-provided benefits treated as perquisites-including accommodation, employer-paid obligations, securities and sweat equity allotted or transferred at concessional rates, employer-paid insurance premiums and excess retirement contributions-while excluding certain employer-funded medical treatment, approved insurance arrangements, commuting vehicle expenditure and conditional foreign medical/travel payments; valuation methods and thresholds are delegated to subordinate rules and cross-references link perquisite treatment to existing constructs for gross total income and approved fund schemes.
Act Rules Income Tax
Show AI Summary
Conditional exclusion from total income: schedule-based incomes and persons excluded if conditions met; otherwise included in tax base.
A conditional exclusion regime provides that incomes in Schedules II-VI and persons in Schedule VII are excluded from total income only if schedule conditions are satisfied; failure to satisfy conditions results in inclusion of such income in total income and taxation for the relevant tax year, and the Central Government is empowered to make rules or notifications to operationalise those schedules.
Act Rules Income Tax
Show AI Summary
Significant economic presence expands source taxation, bringing digital interactions and remote services within the domestic tax net.
Section 9 sets an expansive source taxation rule deeming income to accrue or arise domestically where linked to domestic assets, a business connection (including agents), transfers of capital assets situated domestically, salary earned or payable for services linked to domestic performance, dividends of domestic companies, interest subject to exceptions (including separate taxation of interest of an Indian permanent establishment of a foreign bank), and royalty and technical fees; it introduces significant economic presence tests for digital/user-based connections and leaves key thresholds and valuation mechanics to subordinate rules.
Act Rules Income Tax
Show AI Summary
Deemed transfer of distributed assets treated as taxable at entity level; fair market value sets consideration and guidelines now open-ended.
Section 8 treats receipt by a partner or member of capital assets or stock-in-trade from a non-company specified entity on dissolution or reconstitution as a deemed transfer by the entity, with profits or gains taxed at the entity level and the full value of consideration deemed to be the fair market value on the date of receipt; the Board may issue guidelines with prior Central Government approval and parliamentary laying, and the enacted text removes the Bill's two-year sunset on that guideline-making power.
Act Rules Income Tax
Show AI Summary
Residence in India: income-linked deeming now captures high-income returning citizens visiting short-term, and POEM defines company residence.
Section 6 prescribes residence tests combining day-count rules (182-day and 60/365 tests), categorical exceptions for ship crew and visiting citizens/PIOs, an income-linked modification that extends the shorter day-count threshold for higher-income returning citizens, a deeming rule capturing citizens not taxable elsewhere, company residence via Indian status or Place of Effective Management, and a deeming provision that applies residence across all income sources; As Passed drafting clarifies interplay between the visiting exception and income-based modification and contains minor typographical refinements.
Act Rules Income Tax
Show AI Summary
Scope of total income: residents taxed broadly with limited foreign income inclusion for not ordinarily resident persons.
Section 5 sets the scope of total income by applying receipt and accrual tests: residents are taxed on income received or deemed received in India, income accruing or arising or deemed to accrue or arise in India, and foreign income only in limited cases for a person who is not ordinarily resident (foreign income included when derived from a business controlled in India or a profession set up in India). Non residents are taxed on income received or deemed received in India and income accruing or arising or deemed to accrue or arise in India. The section also prevents balance sheet inclusion from constituting receipt and bars double inclusion on accrual and receipt bases.
Act Rules Income Tax
Show AI Summary
Charge of income-tax: linkage to central rates and application to total income, with withholding and advance payment obligations.
Section 4 links the charge of income-tax to rates enacted by a Central Act, charges income-tax on the total income of the tax year of every person (while allowing charging for other specified periods), includes any additional income-tax by whatever name, and requires deduction/collection at source and advance payment for income chargeable under the section.
Act Rules Income Tax
Show AI Summary
Stamp duty value treated as a notional benchmark for tax valuations, overriding conflicting valuation laws for tax purposes.
Section 2(105) defines stamp duty value as the value adopted, assessed or assessable by a Central or State authority for stamp duty on immovable property, where "assessable" is expressly a notional value the authority would have adopted if referred the matter, and that definition applies irrespective of anything to the contrary in any other law in force.
Act Rules Income Tax
Show AI Summary
Holding-period tiers determine capital gain classification with a shorter threshold for listed securities and specific fund units.
Definition of short-term capital asset establishes a two-tier holding-period regime for capital gains classification, retaining a general holding-period test and a shorter test for listed securities, units of the Unit Trust of India, units of equity-oriented funds and zero-coupon bonds; detailed rules determine inclusion, exclusion and commencement of holding periods on liquidation, corporate reorganisations, conversions, allotments, renunciations, free allotments and GDR redemptions, with certain technical matters deferred to prescribed rules.
Act Rules Income Tax
Show AI Summary
Definition of company in which the public are substantially interested: drafting variance may create conjunctive interpretation risk affecting tax classification.
Clause 2 supplies a comprehensive glossary for the Income-tax Act, 2025, defining terms such as company, capital asset, income and virtual digital asset, often with cross-references, provisos and delegated prescriptions; clause 2(29)'s categories for a company in which the public are substantially interested are materially consistent between Bill and Act, but the Bill's connector wording risked a conjunctive reading of alternative tests that the Act's later disjunctive phrasing rectifies, creating interpretive consequences for tax classification and related compliance.
Act Rules Income Tax
Show AI Summary
Definition of company clarified; temporal qualification in transitional limb may narrow which historic entities remain within tax scope.
Section 2 supplies statutory definitions that determine tax coverage. The definition of company comprises Indian companies, foreign bodies corporate, entities assessable as companies under the repealed Act, and Board declared entities. The Bill adds a temporal qualification limiting entities assessed under the prior Act to particular assessment years; the Act text omits this qualification. Scattered drafting and cross reference differences exist. Operational consequences hinge on threshold facts (shareholding, listing, assessment history, population/distance tests) and on unstated transitional provisions.
Act Rules Income Tax
Show AI Summary
Capital asset definition updated to include IFSC-regulated funds and broaden unit-linked policies, affecting capital gains treatment.
The Act retains an inclusive definition of capital asset with exceptions for stock-in-trade, specified personal effects and certain agricultural land, while refining the securities limb to expressly include securities held by FIIs and investment funds regulated under SEBI or IFSC regimes and removing a temporal issuance-date qualifier for unit-linked insurance policies, thereby broadening the category of policies treated as capital assets; numerous drafting and cross-reference clarifications aim to reduce interpretive uncertainty.
Case Laws Income Tax
Show AI Summary
Presumptive taxation: partner remuneration and interest cannot be treated as individual business turnover for presumptive tax purposes.
Section 44AD applies only where the assessee carries on an eligible business and has actual turnover or gross receipts attributable to that assessee. Remuneration and interest paid by a partnership firm to a partner arise from the firm's accounts and partnership agreement; although Section 28(v) taxes such receipts in the hands of the partner, that deeming does not convert them into the partner's turnover or gross receipts for Section 44AD. Section 40(b) governs firm deductibility but does not create an independent business activity in the partner; hence such receipts cannot be subjected to Section 44AD presumptive taxation.
Case Laws Income Tax
Show AI Summary
Trust settlement taxation: broadened construction of shares and securities may capture partnership interests, prompting citation verification.
The tribunal examined whether a trust permitting benefits beyond relatives falls within Section 56(2)(x), construed "shares and securities" to broaden taxable scope, and treated partnership interests as property under the provision. The earlier order was recalled after reliance on non-existent citations, highlighting the need for rigorous verification of precedents and research safeguards in trust taxation matters.
Case Laws Income Tax
Show AI Summary
Rectification of assessment orders cannot cure jurisdictional errors where orders name non-existent entities after mergers.
An assessment order issued in the name of a non-existent entity after a disclosed corporate amalgamation was held to be a fundamental, jurisdictional error not correctable under Section 154 or Section 292B; prior disclosure of the merger and absence of misleading conduct distinguished the case from precedents permitting clerical correction.
Case Laws Income Tax
Show AI Summary
Limitation periods: reassessment procedures must be completed within the overarching statutory period, else notices are time-barred.
The decision construes the interaction between procedural timelines for reassessment and the overarching limitation period, treating the mandatory pre-notice procedure requiring provision of material and an opportunity to respond as part of the reassessment process that must be completed within the ultimate limitation period; if the authority does not complete both the procedural order and issue the reassessment notice within the residual time remaining after statutory exclusions and extensions, the notice is time-barred.
Case Laws Income Tax
Show AI Summary
Condonation of delay: equitable consideration where bona fide technical failures and professional disruptions impede tax filing.
Condonation of short delays in filing income tax returns must be governed by principles of equity and fairness, with bona fide explanations such as portal technical failures and unforeseeable disruptions at a chartered accountant's premises meriting empathetic, case sensitive assessment rather than mechanical rejection. Where assessees rely on professional intermediaries, corroborative evidence of genuine operational impediments is a relevant consideration in exercising discretionary condonation to facilitate compliance objectives.
Case Laws Income Tax
Show AI Summary
Disallowance of expenditure related to exempt income: apportionment required and actual exempt income is a prerequisite.
Disallowance of expenditure relating to exempt income requires identification and apportionment of expenses attributable to non taxable receipts; only expenditure expended to earn taxable income may be claimed. Courts interpret "in relation to" expansively and reject reliance on the spender's dominant purpose. The existence of actual exempt income is necessary to invoke the disallowance rule, and post enactment explanatory amendments that alter prior law are not retrospective.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

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

Topics

Acts Income Tax