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ICDS applicability limited to mercantile accounting; excludes cash-accounting and individuals/HUFs not subject to tax audit.
ICDS applies to persons following the mercantile system of accounting and does not apply to those following the cash system. For individuals and HUFs, ICDS is applicable only if they carry on business or profession and their books are required to be audited under the tax audit provisions; it does not apply where there is no business or professional income even if mercantile accounting is followed for other heads.
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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.
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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.
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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.
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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.
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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-XV "DEDUCTION IN RESPECT OF LIFE INSURANCE PREMIA, CONTRIBUTION TO PROVIDENT FUND, SUBSCRIPTION TO CERTAIN EQUITY SHARES, ETC." 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-XV DEDUCTION IN RESPECT OF LIFE INSURANCE PREMIA, CONTRIBUTION TO PROVIDENT FUND, SUBSCRIPTION TO CERTAIN EQUITY SHARES, ETC.

Income-tax Act, 2025

At a Glance

The Bill text reproduces Schedule XV (see section 123) providing a catalogue of payments and contributions that qualify for deductions for purposes of section 123 (Income Tax Bill, 2025 - Old Version). It matters to individual taxpayers, Hindu Undivided Families (HUFs), employees, employers, mutual funds, public companies and specified financing institutions. Document does not state an effective date beyond its placement in the Bill.

Background & Scope

Statutory hook: Schedule XV (see section 123) to the Income Tax Bill, 2025 - Old Version. The Schedule enumerates categories of payments which "qualify as deduction" for purposes of section 123 of the Bill. It covers life insurance premia, deferred annuity payments, contributions to provident, pension and superannuation funds, specified government-notified schemes, long-term deposits, certain subscriptions to equity/debentures and mutual fund units, tuition fees for two children, and payments for purchase/construction of residential house property (subject to paragraph 3). The Schedule contains rules limiting deduction for insurance premia (paragraph 2), defines the scope of amounts for house purchase/construction (paragraph 3), sets conditions under which previously allowed deductions are withdrawn and treated as income (paragraphs 4-5), and provides interpretative definitions (paragraph 6).

Statutory Provision Mode

Text & Scope

The Schedule identifies specific categories of payments/deposits made in the tax year that qualify as deductions for section 123. Key categories include:

  • Life insurance premium on life of the individual, spouse and any child; HUF coverage for members (clause 1(a)).
  • Payments under deferred annuity contracts (subject to conditions) (clause 1(b)).
  • Salary deductions by or on behalf of the Government for securing deferred annuity (20% of salary) (clause 1(c)).
  • Contributions to provident funds (including those under Provident Funds Act, 1925, and Central Government notified provident funds) (clauses 1(d)-(f)).
  • Contributions to recognised superannuation funds (clause 1(g)).
  • Subscriptions to notified securities/deposit schemes and to savings certificates (clause 1(h)-(i)).
  • Contributions/participation in specified unit-linked insurance plans and mutual fund/pension fund schemes (clauses 1(j)-(n), (m)).
  • Specified term deposits with banks and post offices, Senior Citizen Savings Scheme deposits, NABARD bonds, and long-term housing finance schemes (clauses 1(s)-(v)).
  • Tuition fees for full-time education of any two children (clause 1(q)).
  • Expenditure for purchase or construction of a residential house property chargeable to tax under "Income from house property" (clause 1(r)), subject to paragraph 3 restrictions.
  • Subscription to equity shares/debentures forming part of eligible capital issues approved by the Board and units of specified mutual funds (clause 1(z)).

Interpretation

Paragraph 2 prescribes quantitative ceilings on insurance premia deductible: (a) up to 20% of actual capital sum assured for policies issued on or before 31-03-2012; (b) up to 10% for policies issued on or after 01-04-2012; and (c) up to 15% where policy issued on/after 01-04-2013 covering a person with disability or certain specified diseases. "Actual capital sum assured" is defined narrowly to exclude return of premiums and bonuses (paragraph 2(2)). Paragraph 6 provides definitions (e.g., "Administrator," "contribution," "insurance," "Life Insurance Corporation," "public company," "security," "specified company," "transfer," "eligible issue of capital," "public financial institution") and cross-references to other statutes.

Exceptions/Provisos

Paragraph 3 delimits eligible payments for house purchase/construction; it expressly includes instalments, repayments of specified borrowings, and transfer costs, and expressly excludes admission fees, cost of shares, initial deposits for membership, post-completion alterations/repairs, and expenditures deductible u/s 22. Paragraphs 4 and 5 establish events that cause withdrawal of earlier deductions (e.g., surrender/termination, premature transfer, sale of subscribed shares within specified holding periods) and set out the tax treatment (deeming adjustments to income) when disallowance conditions are met.

Illustrations

  • Example 1: An individual pays premium for a life policy issued in 2014 on his own life; deductible premium is limited to 10% of the actual capital sum assured unless the policy covers a person with disability (in which case 15% limit may apply). (This follows paragraph 2.)
  • Example 2: An assessee subscribes to an eligible issue of capital approved by the Board under clause (z). If the assessee sells the shares within three years of acquisition, the deduction will be withdrawn and the aggregate of deductions allowed earlier will be deemed income in the year of sale (paragraphs 4 and table item 4).
  • Example 3: An assessee withdraws a Senior Citizen Savings Scheme deposit before five years; the withdrawn amount (excluding previously taxed interest and certain amounts received on death) is deemed income in the year of withdrawal (paragraph 5, table item 1).

Interplay

The Schedule explicitly cross-references multiple statutes and contingent notifications by the Central Government. It depends on notifications for bringing particular schemes/funds/instruments within its scope and interacts with other income-tax provisions by specifying which items are excluded (e.g., section 22 deductions) and by using cross-references (e.g., definition of "transfer" includes transactions referred to in section 269UA(f) of the Income-tax Act, 1961). The document does not state rules or notifications that give further detail; such delegated instruments will determine operational scope.

Differences between the two provisions and practical impact

Comparison basis: SCHEDULE-XV as reproduced from the Income-tax Act, 2025 (Document 1) versus SCHEDULE-XV as reproduced from the Income Tax Bill, 2025 - Old Version (Document 2). The Bill text (Document 2) is the primary source for the detailed commentary below; differences noted here are limited to those apparent in the two texts provided.

  • Cross-references for "security": Document 1 defines "security" by reference to section 2(f) of the Government Securities Act, 2006. Document 2 defines "security" by reference to section 2(2) of the Public Debt Act, 1944.
    • Practical impact: The two statutes have different scopes and drafting histories. A shift in cross-reference can alter which instruments qualify as "security" for the Schedule. Tax practitioners and taxpayers must check the precise statutory definitions in the referenced Acts to determine whether particular government or public debt instruments qualify for deduction-linked provisions; this may change the set of eligible instruments.
  • "Eligible issue of capital" cross-reference: Document 1 ties the term to section 80-IA(4) of the Income-tax Act, 1961. Document 2 ties the term to section 135(9) (numeration as in the Bill text).
    • Practical impact: Different sectional references may point to materially different criteria for what constitutes an eligible issue (for example, the type of business or use of proceeds). Unless the two cross-references are substantively identical (which cannot be assumed), taxpayers subscribing to equity/debenture issues will need to verify which business activities qualify under the Bill's reference. This affects eligibility for the deduction under clause (z).
  • Wording and sequencing differences in some clauses: Several clauses (for example clauses (i), (l), (m), (n)) show minor drafting variations - differences such as "as may be notified by the Central Government" versus "as notified by the Central Government," or rearrangement of sub-clauses listing Administrator/specified company.
    • Practical impact: Most such changes are stylistic and unlikely to change substantive outcomes. However, subtle differences in qualification language (e.g., "as may be notified" v. "as notified") could affect delegated power interpretations if tested. Practitioners should note exact drafting when advising on whether a scheme has been validly brought within the Schedule by notification.
  • Headings and minor editorial changes: The heading for paragraph 4 differs slightly: Document 1-"Disallowance of and taxation of deduction already allowed" versus Document 2-"Withdrawal of deduction and taxation of deduction already allowed" (or "Withdrawal of deduction and taxation..." depending on placement).
    • Practical impact: Primarily editorial. The substance of paragraph 4 (conditions for denial/reversal and taxation on fulfilment of specified conditions) appears consistent across both texts provided.
  • Interpretation clause cross-references: Document 1 references the Government Securities Act, 2006 and section 80-IA(4) of the Income-tax Act; Document 2 references the Public Debt Act, 1944 and section 135(9). Document 2 also cites "section 2(2) of the Public Debt Act, 1944" specifically for "security."
    • Practical impact: As above, these cross-reference changes can affect the scope of defined terms and therefore the reach of deductions. They may create compliance uncertainty until clarified by legislative history, explanatory memorandum, rules or notifications.

Practical Implications

  • Compliance: Taxpayers must track holding periods and conditions set out in paragraph 4 to avoid clawback of deductions (e.g., insurance surrender, early sale of eligible shares, premature withdrawal of term deposits).
  • Documentation: Record of policy issue date, capital sum assured, disability certification (where higher threshold applies), loan/repayment documentation for housing finance, notifications referenced in Schedule, and Board approvals for eligible capital issues will be necessary to substantiate deductions.
  • Interpretive uncertainty: Several entries depend on delegated notifications and cross-statutory definitions (e.g., "security," "eligible issue of capital"). Until clarifying notifications or rules are issued, taxpayers and advisers will need to consult the referenced Acts and any Ministry/Board notifications.

Key Takeaways

  • The Schedule lists specific categories of payments that qualify for deduction u/s 123, with detailed ceilings for insurance premia and conditions for housing payments.
  • Withdrawal/recapture rules are explicit: termination, surrender, sale within specified periods or premature withdrawal may convert previously allowed deductions into taxable income.
  • Definitions and cross-references (notably "security" and "eligible issue of capital") are determinative of scope and may materially affect eligibility; the Bill cites particular external Acts.
  • Many categories rely on Central Government notifications or Board approvals; practical application requires monitoring of such instruments.
  • Taxpayers should maintain contemporaneous evidence: policy documents, notification texts, loan/repayment records, purchase/transfer documents, and proof of holding periods.

Full Text:

SCHEDULE-XV DEDUCTION IN RESPECT OF LIFE INSURANCE PREMIA, CONTRIBUTION TO PROVIDENT FUND, SUBSCRIPTION TO CERTAIN EQUITY SHARES, ETC.

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Acts Income Tax