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    Act RulesIncome Tax
    Comparison of Section 9 "Income deemed to accrue or arise in India" between the Income-Tax Act, 2025...
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    Act RulesIncome Tax
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    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 RulesIncome Tax
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    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 RulesIncome 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 RulesIncome 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 RulesIncome Tax
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    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 RulesIncome Tax
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    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 RulesIncome Tax
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    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 RulesIncome Tax
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    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 RulesIncome Tax
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    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 RulesIncome Tax
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    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.
    Act RulesBills
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    Negative list of specified goods narrows eligibility for investment tax incentives and consolidates explanatory clarifications in law.
    SCHEDULE-XIII establishes a negative list of fifteen specified articles excluded from certain investment-linked tax incentives, consolidating explanatory clarifications into the main text and streamlining obsolete entries. Referenced to section 45(2)(c) and (d) of the Bill, the Schedule preserves policy continuity-excluding luxury, non-essential, and public-health-sensitive goods-while aiming to reduce interpretive ambiguity and improve legislative clarity. The drafting changes and omissions reflect a modernization and simplification of the earlier SCHEDULE 11, though some item inclusions and obsolete entries indicate a continuing need for periodic review and alignment with broader tax and policy frameworks.
    Act RulesBills
    Show AI Summary
    Mineral classification determines tax incentive eligibility for prospecting and extraction, preserving continuity but requiring clearer definitions.
    Statutory classification of minerals determines which mineral activities qualify for tax incentives under income tax law by listing specified minerals and associated groups; SCHEDULE XII (2025) reproduces SCHEDULE 07 (1961) verbatim in substance, enumerating 27 minerals and 16 associated groups as the determinative reference for eligibility of capital expenditure on prospecting, extraction and processing, while leaving interpretive issues (broad terms, technical thresholds, typographical inconsistencies) that may require periodic review and clearer definitions.
    Act RulesBills
    Show AI Summary
    Recognised Provident Fund rules modernised, clarifying recognition conditions, tax treatment of contributions, portability, and trustee obligations.
    The Schedule modernises the framework governing Recognised Provident Funds, approved superannuation and gratuity funds by restating recognition and approval conditions (employment location, fixed contribution structure, irrevocable trust, permitted assets), procedures for recognition or withdrawal, trustee recordkeeping and appeals, and explicit tax rules: taxable employer contributions above prescribed rates and excess interest, deductibility of employee contributions, exclusion of accumulated balances only upon meeting service-duration or contingency conditions or permitted transfers, retroactive taxation where conditions fail, and mandatory tax deduction at source.
    Act RulesBills
    Show AI Summary
    Insurance business taxation: updated rules tie taxable profits to actuarial surplus and reorganized disallowance cross-references.
    Schedule-XIV requires separate computation of life insurance profits by annual averaging of actuarial surplus/deficit from the last inter-valuation period, with add-backs of inadmissible expenditures under the reorganized disallowance provisions; it updates crediting rules for tax paid during multi-year valuation periods, prescribes profit computation and specified add-backs and deductions for other insurance business (including treatment of investment gains/losses and reserves for unexpired risks), and provides a proportional premium-based deeming rule for non-resident insurers, while streamlining interpretative definitions.
    Act RulesBills
    Show AI Summary
    Removal of difficulties powers permit executive adaptation of tax law during statutory transition subject to safeguards and oversight.
    Clause 535 grants the Central Government power to issue orders to remove implementation difficulties in the Income Tax Bill, 2025, provided such orders are not inconsistent with the Act; it expressly permits adaptations of the prior law for assessments up to the tax year ending 31 March 2026, limits the power to three years from 1 April 2026, and requires that every order be laid before both Houses of Parliament.
    Act RulesBills
    Show AI Summary
    Repeal and savings provisions ensure continuity of tax rights, proceedings and carry forwards during statutory transition to the new code.
    Clause 536 formally repeals the Income tax Act, 1961 while preserving prior operations, rights, obligations, pending proceedings, recoveries and administrative instruments by saving elections, carry forward of losses and credits, conditional deduction rules, continuation of penal and search proceedings initiated before commencement, and by applying Section 6 of the General Clauses Act, thereby ensuring legal and administrative continuity during transition to the new tax code.
    Act RulesBills
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    Legislative oversight of delegated tax rules: parliamentary laying enables modification or annulment while preserving prior actions.
    Clause 534 mandates that specified subordinate tax instruments-rules under the Act, Appellate Tribunal procedural rules, and notifications under designated provisions including Chapter XIII G-be laid before each House of Parliament promptly for a cumulative thirty days. If both Houses agree within the following session to modify or annul an instrument, it will thereafter take effect only in the modified form or be of no effect, while a without prejudice clause preserves the validity of actions previously taken under that instrument.
    Act RulesBills
    Show AI Summary
    Rule-making powers: Board may frame subordinate tax rules under government control, with limits on prejudicial retrospective application.
    Clause 533 vests the Central Board of Direct Taxes with broad rule-making authority, subject to Central Government control, to frame subordinate legislation for carrying out the purposes of the Income Tax Act. It prescribes an illustrative list of subjects - including income ascertainment, depreciation, procedural matters, electronic filing and international taxation - empowers estimation methods where precise computation is impracticable, and restricts retrospective rules so as not to prejudice assessees unless expressly permitted, all while remaining subject to ultra vires review.
    Act RulesBills
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    Rescission of tax exemptions enables government withdrawal of legacy territorial tax benefits, raising procedural fairness and treaty questions.
    Clause 531 empowers the Central Government to rescind previously granted tax exemptions, rate reductions, or modifications for specified Union territories by general or special order. Focused solely on withdrawal, the provision applies to any assessee or class of assessees and to part or whole of income, is not time limited, and lacks statutory procedural safeguards, leaving only administrative law principles as constraints and raising questions about retrospectivity, legitimate expectations, and treaty-based concessions.
    Act RulesBills
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    Interim tax charging provision ensures continuity, applying the more favourable provision to taxpayers pending enactment.
    Clause 530 provides that if, on the first day of a tax year, no Central Act has been enacted to charge income tax, the Act shall operate until such provision is made as if either the provision in force in the preceding tax year or the provision proposed in the Bill before Parliament were in force, whichever is more favourable to the assessee, thereby ensuring continuity of assessment and collection pending enactment.

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      PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS - FINANCE (No.2) BILL, 2019

      5 July, 2019

      Contents
      Rules & Regulations
      Summary
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      PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS

      S. No

      Heading, sub-heading tariff item

      Commodity

      From

      To

       

       

      Defence 

       

       

      1

      Any Chapter 

      Specified Defence equipment and their parts imported by the Ministry of Defence or the Armed Forces

      Applicable rate

      Nil

       

       

      Medical Devices

       

       

      2

      Any Chapter

      Raw material, parts or accessories  for use manufacture of artificial kidneys, disposable sterilized dialyzer and micro-barrier of artificial kidney

      Applicable rate

      Nil

       

       

      Food processing

       

       

      3

      0801 32 10

      Cashew kernel broken 

      ₹ 60/ Kg or45%, whichever is higher

      70%

      4

      0801 32 20,

      0801 32 90

      Cashew kernel whole, Cashew nuts shelled, others 

      ₹ 75/ Kg or 45%, whichever is higher

      70%

       

       

      Nuclear Fuels and Nuclear Energy projects

       

       

      5

      2612 10 00

      All forms of Uranium ores and Concentrates for generation of nuclear power (Uranium concentrate U3O8 already exempt)

      2.5%

      Nil

      6

      2844 20 00

      All goods for use in generation of Nuclear power (Certain goods such as sintered natural uranium dioxide already exempt)

      7.5%

      Nil

      7

      9801

      All goods required for setting up of the following power projects under project imports: -

      a)Mahi Banswara Atomic Power project- 1 to 4, Mahi Banswara site Rajasthan

      b)Kaiga Atomic Power project – 5 & 6, Kaiga site, Karnataka

      c)Gorakhpur Atomic Power project- 3 & 4, GHAVP, Haryana

      d)Chutka Atomic Power project- 1 & 2, Chutka site, Madhya Pradesh

      Applicable rate

      Nil

       

       

      Oils and associated chemicals 

       

       

      8

      Chapter 15, 

      2915 70,

      3823 11 00,

      3823 12 00, 3823 13 00,

      3823 19 00

      Palm stearin and other oils, having 20% or more free fatty acid, Palm Fatty Acid Distillate and other industrial monocarboxylic fatty acids, acid oils from refining, for use in manufacture of soap and oleochemicals.

      Nil

      7.5%

       

       

      Petroleum and Petrochemicals

       

       

      9

      2709 00 00

      Petroleum Crude

      Nil

      Re. 1 per tonne

      10

      2710

      Naphtha

      5%

      4 %

      11

      2903 15 00

      Ethylene dichloride (EDC)

      2%

      Nil

      12

      2910 20 00

      Methyloxirane (Propylene Oxide)

      7.5%

      5%

      13

       

      Plastic and Rubber 

       

       

      14

      3904

      Poly Vinyl Chloride

      7.5%

      10%

      15

      3926 90 91,

      3926 90 99 

      Articles of plastics 

      10%

      15%

      16

      4002 31 00

       All goods i.e. Butyl Rubber

      5%

      10%

      17

      4002 39 00

       Chlorobutyl rubber or bromobutyl rubber

      5%

      10%

       

       

      Paper and Paper products

       

       

      18

       48

      a. Newsprint 

      Nil

      10%

       

       

      b.Uncoated paper used for printing of newspapers

       

       

       

       

      c.Lightweight coated paper used for printing of magazines

       

       

      19

      4901 10 10,

      4901 91 00,

      4901 99 00

      Printed books (including covers for printed books) and printed manuals, in bound form or in loose-leaf form with binder, executed on paper or any other material including transparencies.

      Nil

      5%

       

       

      Textiles

       

       

      20

      5101

      Wool Fibre

      5%

      2.5%

      21

      5105

      Wool Tops

      5%

      2.5%

       

       

      Flooring materials

       

       

      22

      2515 12 20,

      6802 10 00,

      6802 21 10,

      6802 21 20,

      6802 21 90,

      6802 91 00,

      6802 92 00

      Marble Slabs

      20%

      40%

       

       

      Inputs for Optical Fibres

       

       

      23

      28 or 70

      Raw materials used in manufacture of Preform of Silica:-

      (i)Refrigerated Helium Liquid (2804 29 10)

      (ii)Silicon Tetra Chloride and Germanium Tetra Chloride (2812 19 20, 2812)

      (iii)Silica Rods (7002 20 90)

      (iv)Silica Tube (7002 31 00)

      Applicable Rate

       

      Nil  

      24

      5603 94 00

      Water blocking tapes for manufacture of optical fiber cable

      Nil

      20%

       

       

      Precious Metals

       

       

      25

      7106

      Silver dore bar, having silver content not exceeding 95%

      8.5%

      11%

      26

      7108

      Gold dore bar, having gold content not exceeding 95%

      9.35%

      11.85%

      27

      71 or 98

      (a) Gold (excluding ornaments studded with stones or pearls) imported by an eligible passenger as baggage

      (b)Silver (excluding ornaments studded with stones or pearls)  imported by an eligible passenger as baggage

      10%

      12.5%

       

       

      Iron and Steel, Other base metals

       

       

      28

      7218

      Stainless steel in ingots or other primary forms; semi-finished products of stainless less

      5%

      7.5%

      29

      7224

      Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel

      5%

      7.5%

      30

       

      7225, 

      7225 19 90

      Inputs for the  manufacture of CRGO steel:-

      a) MgO coated cold rolled steel coils

      b)Hot rolled coils

      c)Cold-rolled MgO coated and annealed steel

      d)Hot rolled annealed and pickled coils

      e)Cold rolled full hard

      5%

      2.5%

      31

      7226 99 30

      Amorphous alloy ribbon

      10%

      5%

      32

      7229

      Wire of other alloy steel (other than INVAR)

      5%

      7.5%

      33

      8105 20 10

      Cobalt mattes and other intermediate products of cobalt metallurgy

      5%

      2.5%

       

       

      Capital goods

       

       

      34

      8474 20 10

      Stone crushing (cone type) plants for the construction of roads

      Nil

      7.5%

      35

      82, 84, 85 or 90

      Capital goods used for manufacturing of following electronic items, namely-

      (i)Populated PCBA

      (ii)Camera module of cellular mobile phones

      (iii)Charger/Adapter of cellular mobile phone

      (iv)Lithium Ion Cell

      (v)Display Module

      (vi)Set Top Box

      (vii)Compact Camera Module 

      Applicable rate

      Nil

      36

      84, 85 or 90

      Capital goods used for manufacturing of specified electronic items, namely-

      (i)Cathode Ray tubes;

      (ii)CD/CD-R/DVD/DVD-R;

      (iii)Deflection components, CRT monitors/CTVs;

      (iv)Plasma Display Panel

      Nil 

      Applicable 

       

       

      Electronics

       

       

      37

      8504 40

      Charger/Power adapter for CCTV camera/IP camera/DVR/NVR

      Nil

      15%

      38

      85

      Specified electronic items like plugs, sockets, switches, connectors,  relays.

      Nil

      Applicable rate

       

       

      Automobile and automobile parts 

       

       

      39

      8421 39 20,

      8421 39 90

      Catalytic convertor (All goods under these tariff items other than catalytic converters will continue at 7.5%)

      5%

      10%

      40

      8702, 8704

      Completely Built Unit (CBU) of vehicles falling under heading 8702, 8704

      25%

      30%

      41

      Any Chapter 

      (i)E-Drive assembly, 

      (ii)On board charger, 

      (iii)E-compressor and

      (iv)Charging Gun

      Following parts of electric vehicles: -

      Applicable rate

      Nil

      42

      87

      Prescribing actual user condition in respect of existing exemption from BCD to parts of Hybrid vehicles

      -

      -

       

       

      Oil rigs and other goods used for oil exploration

       

       

      43

      84 or any other chapter 

      Providing option to pay BCD at transaction value on the disposal of goods, imported without payment of customs duty for petroleum operations / coal bed Methane operations where such disposal is made in unserviceable and mutilated condition

      Applicable rate on depreciated value 

      7.5% on transaction value

       

       

      Export Promotion for Sports goods

       

       

      44

      39 , 4407 

      Foam/EVA foam (39) and Pine Wood (4407) are being included in the list of items allowed duty free import upto 3% of FOB value of sports goods exported in the preceding financial year subject to specified conditions

      Applicable rate

      Nil

       

      Clarifications and Miscellaneous changes regarding Basic Customs Duty

       

       

      Fisheries

       

       

      45

      2309

      Clarification is being issue that prawn feed and shrimp larvae feed, other than in pellet form will also attract 5% customs duty applicable on other fish feed in pellet form.  

       

       

       

       

      Topics

      ActsIncome Tax