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Act Rules Income Tax
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Collection of tax at source: TCS on specified receipts with exemptions, non cumulation and documentation duties.
Clause 394 prescribes TCS on nine specified receipt types with collectors (sellers, authorised dealers, licensors/lessors) required to collect at prescribed rates at the earlier of debiting the buyer's account or receipt. Indian resident buyers may avoid collection by furnishing a prescribed declaration of end use; the enacted law imposes a delivery timeline for that declaration and adds an exemption for certain education loan funded remittances. The provision includes non cumulation rules to prevent duplicate collection and leaves procedural specifics to subordinate rules.
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Section 392 places primary TDS obligation on payers of salary to deduct tax at the time of payment at the average rate on estimated annual income; employers may opt to pay tax on non monetary perquisites. Trustees of recognised provident and superannuation funds must deduct tax where Schedule XI applies, with a specified 10% withholding rule for certain employees' provident fund accumulations. The enacted text tightens prescribed form and verification requirements, alters a cross reference to section 17, and expressly permits eligible start ups to "deduct or pay, as the case may be."
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Deduction or collection at source, advance payment, and specified payments under section 392(2)(a) operate independently of later assessment and are additional to other recovery measures; amounts remitted to the Central Government are treated as tax paid on behalf of the person from whose income tax was deducted, from whom tax was collected, or in respect of whose income tax was paid, and the Board may make rules for crediting such amounts and for attributing the tax year for credit.
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Procedure on receipt of application: Board must forward application, call records, hear applicant, and issue certified rulings promptly.
Clause 384 requires the Board for Advance Rulings to forward an application to the Principal Commissioner/Commissioner, call for relevant records, and, after examining the application and records, either allow or reject the application by order. Mandatory rejection grounds include pending proceedings before tax authorities or tribunal, questions on fair market value, and transactions prima facie for tax avoidance, subject to exceptions. Rejection cannot occur without offering an opportunity to be heard and recording reasons; allowed applications must receive a written ruling within the prescribed timeframe and certified copies are to be transmitted to the applicant and assessing officer.
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Act Rules Income Tax
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Revision of orders prejudicial to revenue empowers Competent Authority to revisit AO/TPO orders and direct fresh assessments.
The Competent Authority may call for and examine records of any proceeding and, if satisfied an AO or Transfer Pricing Officer's order is erroneous and prejudicial to revenue, may revise that order after giving the assessee an opportunity of being heard and making such inquiry as necessary; revision can enhance, modify, cancel or direct a fresh assessment, extends to AO/TPO functions and matters not decided in appeal, and is subject to a two-year limitation with specified exclusions and an exception to give effect to appellate findings.
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Identical question procedure: deferral and preservation of departmental appeals pending a controlling higher court decision.
The provision creates an administrative mechanism where a Board specified collegium may determine that an identical question of law is pending in another case before a High Court or the Supreme Court and, on that basis, direct restraint from immediate departmental appeal while requiring a prescribed application to preserve the right to appeal later; if the assessee accepts identity the Assessing Officer files the application, otherwise the department proceeds with ordinary appeals, and subsequent appeals may be filed if the higher court decision does not sustain the earlier favourable order.
Act Rules Income Tax
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Identity of question of law enables taxpayer to seek application of pending higher-court decision and waive further appeals.
Section 375 provides an overriding procedure by which an assessee may declare that a question of law in a relevant tax-year is identical to a question pending in another case before specified higher fora; upon a prescribed declaration and, where applicable, a report and hearing involving the Assessing Officer, the assessing or appellate authority may admit or reject the claim by final written order and, if admitted, may dispose of the relevant case and later apply the final decision in the other case by amending earlier orders in conformity.
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Appealability to Joint Commissioner (Appeals) expanded to include deductors and collectors, broadening standing to challenge subordinate tax orders.
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Section 355 defines terms governing registered non-profit organisations and related actors, including anonymous donation, approval, donation, commercial activity, registration, registered non-profit organisation, related person, relative, residual income, specified asset, specified person, specified provision, substantial interest and value. The definitions establish donor-based related-person thresholds, treat fee-for-service activities as commercial activity irrespective of income application, set a twenty-percent threshold for substantial interest in companies and concerns, and attribute specified assets based on acquisition source and timing, with certain carve-outs and cross-references to other Act provisions.
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Special additional tax levies a one time charge on accreted income of specified persons (principally registered non profits) upon enumerated triggering events, measured as aggregate fair market value of total assets less total liabilities on a specified date, computed in accordance with prescribed valuation methods. Liability extends to the specified person and principal officer or trustee, and transferees may be assessee in default in limited dissolution cases. The earlier bill expressly empowered the Assessing Officer to compute accreted income after a hearing; the enacted text omits that express AO computation/hearing provision, and procedural timing and valuation rules await delegated legislation.
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Cancellation of registration for non-profit organisations follows specified violations including misuse of income and impermissible commercial activity.
Section 351 enumerates specified violations by registered non-profit organisations that may trigger cancellation of registration: misuse of income, impermissible commercial activity, private religious applications lacking public benefit, non-genuine activities or non-compliance with registration conditions, final/undisputed external orders under other laws, and false information in the registration application. The Principal Commissioner/Commissioner may call for documents, hold inquiries, provide a hearing, and issue a written order canceling or not canceling registration, to be communicated to the Assessing Officer and organisation within a six-month timeline from the quarter-end of the first notice.
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A registered non-profit organisation must furnish a return of income for a tax year if its total income, computed without giving effect to the provisions of this Part, exceeds the maximum amount not chargeable to income-tax; the clause cross-references the general return-filing provisions for timing and procedure, and the enacted text modifies which procedural sub-clause governs the filing deadline.
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Deemed accumulated income rule limits investment obligation and ties permitted modes to actual investment, changing compliance exposure.
The provision designates a deemed accumulated income amount calculated as a proportion of regular income after reductions for application of income and amounts accumulated or set apart; that deemed amount is excluded from the accumulated-income regime and, if invested or deposited, must be placed in modes permitted by the applicable investment provision. The enacted text clarifies the reduction base by expressly referencing the application-of-income mechanism and conditions the statutory constraint on investment modes upon an actual investment or deposit.
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Application of income: qualifying paid sums and an 85% recognition rule for donations, with corpus treated as nil.
Clause 341 limits qualifying application of income to sums actually paid during the tax year that are allowable under sections 35(b)(i) and 36(4)-(7), recognises 85% of donations to other registered non-profits as application while treating corpus donations to other registered non-profits as nil, and permits reinvestment of corpus and repayment of borrowings as application only subject to five-year, post-31 March 2021 and compliance conditions, excluding depreciation already claimed and set-off of earlier excess application.
Act Rules Income Tax
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Specified income triggers convert exempt receipts into taxable income when organisational uses or investments breach prescribed conditions and thresholds.
Clause 337 lists events that convert otherwise exempt receipts of a registered non-profit organisation into specified income and fixes the tax year for taxation. It enumerates categories including anonymous donations (subject to a prescribed threshold and limited exemptions), amounts applied for related persons, overseas applications contrary to the application rule, investments or deposits made in breach of investment restrictions, corpus or accumulated funds used contrary to conditions, and income of business undertakings assessed in excess of books, while delegating computations and some definitions to subordinate rules.

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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