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    The Interplay of Special and General Provisions : Clause 206(12) of Income Tax Bill, 2025 Vs. Sectio...
    Addresses the mechanism for granting tax credit for MAT/AMT paid in excess of regular tax liability ...
    Addresses the mechanism for granting tax credit for MAT/AMT paid in excess of regular tax liability ...
    Harmonizing Minimum Tax Computation under India's Income Tax Laws : Clause 206(2)-(5) of the Income-...
    imposition of Minimum Alternate Tax (MAT) and Alternate Minimum Tax (AMT) on various classes of taxp...
    Residency Reclassification and Tax Implications for Foreign Companies : Clause 220 of the Income Tax...
    Special provisions regarding conversion of an Indian branch of a foreign company, into a subsidiary ...
    Special vs. General Tax Regimes for NRIs : Clause 218 of Income Tax Bill, 2025 Vs. Section 115I of I...
    Concessional Tax Regime to non-resident Indians (NRIs) become residents of India : Clause 217 of the...
    Exemption from Income Tax Return Filing for Non-Resident Indians : Clause 216 of Income Tax Bill, 20...
    Taxation of Foreign Exchange Asset Transfers by NRIs : Clause 215 of the Income Tax Bill, 2025 Vs. S...
    Transitioning NRI Taxation : Clause 214 of Income Tax Bill, 2025 Vs. Section 115E of Income Tax Act,...
    Special provisions that govern the computation of total income for non-resident Indians (NRIs) : Cla...
    Special taxation regime applicable to non-residents and foreign companies : Clause 212 of Income Tax...
    Reforming of Taxation of Specified Income of Non-Profit Organisations (NPOs) : Clause 337 of the Inc...
    Evolution of the digital economy "Taxation of winnings from online games" : Clause 194 (S. No. 5) of...
    Development in the taxation of income arising from the transfer of virtual digital assets (VDAs) : C...
    Legal and Practical Perspectives on the Taxation of Carbon Credit Transfers : Clause 194 (Table: S. ...
    Concessional tax regime for Patent Royalty Income for resident patentees: Clause 194 (Table: S. No. ...
    Taxation of Unexplained Incomes : Clause 195 of Income Tax Bill, 2025 Vs. Section 115BBE of Income-t...
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    Act RulesBills
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    Application clause ensures general tax provisions apply to MAT/AMT assessees unless expressly overridden by section rules.
    Clause 206(12) provides that, save as otherwise provided in this section, all other provisions of the Income Tax Act apply to assessees covered by Clause 206, so that specific MAT/AMT rules within the clause override general provisions only to the extent of inconsistency and otherwise preserve the operation of assessment, appeal, penalty, interest, set-off, carry forward and credit mechanisms under the Act.
    Act RulesBills
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    MAT/AMT credit mechanism permits excess minimum tax paid to be carried forward and set off against later regular tax liabilities.
    MAT/AMT credit under Clause 206(13) is the excess of minimum tax paid over regular tax payable, available automatically to assessees covered by the provision. The credit carries two limitations: no interest on the credit and disregard of any foreign tax credit that is excessive relative to regular tax. Set off of the credit is permitted only when regular tax exceeds MAT/AMT, limited to that excess, with unused credit carried forward for a defined period, and any credit must be adjusted to reflect changes from reassessment or appellate orders.
    Act RulesBills
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    MAT/AMT credit mechanism clarified - excess alternate-tax paid is a carry-forward entitlement usable against future regular tax liability.
    MAT/AMT credit is the difference between tax paid under Clause 206(1) and tax payable under normal provisions, carried forward as a non-refundable, non-interest-bearing entitlement to be set off in future years when regular tax exceeds MAT/AMT; credits are adjusted for excess foreign tax credits and for any changes in tax liability resulting from assessment or appellate orders, and lapse after the prescribed carry-forward period.
    Act RulesBills
    Show AI Summary
    Minimum tax harmonization: unified book profit computation and aligned accounting rules for MAT and AMT compliance.
    Clause 206(2)-(5) defines book profit by B = P + (I - R), lists items to be added and reduced in computing book profit, mandates preparation of profit and loss statements as per applicable enactments or Schedule III, consolidates special adjustments for varied assessees (including Ind AS transition treatments), requires consistency in accounting policies and depreciation for MAT/AMT purposes, and preserves recomputation and relief mechanisms akin to existing procedures.
    Act RulesBills
    Show AI Summary
    Minimum Alternate Tax expansion ensures broader taxpayer coverage, detailed book profit computation, and a structured carryforward credit regime.
    Clause 206(1) creates a non-obstante regime imposing Minimum Alternate Tax and Alternate Minimum Tax across companies, co-operative societies and other persons by deeming book profit or adjusted total income as taxable where regular tax is below prescribed minima; it prescribes detailed additions and reductions to compute book profit, special rules for varied taxpayer classes (including Ind AS transition, insolvency and IFSC units), procedural certification, a structured MAT/AMT credit mechanism with carry forward, and specified exemptions and carve-outs.
    Act RulesBills
    Show AI Summary
    Place of Effective Management residency reclassification brings foreign companies within domestic tax regime subject to notified transitional exceptions.
    Clause 220 subjects foreign companies that become Indian residents under the Place of Effective Management test to the domestic tax code while allowing the Central Government, by notification, to prescribe exceptions, modifications and adaptations to computation of income, treatment of unabsorbed depreciation, carry forward and set off of losses, collection and anti-avoidance provisions; notifications may apply to succeeding years during assessment, benefits may be withdrawn for non-compliance with prescribed conditions with recomputation and a specified limitation period, and every notification must be laid before Parliament.
    Act RulesBills
    Show AI Summary
    Tax neutrality for branch-to-subsidiary conversions preserves carryforward attributes but is conditional on regulatory compliance and allows retrospective clawback.
    Clause 219 provides conditional tax neutrality for conversions of Indian branches of foreign banking companies into subsidiary Indian companies under an RBI scheme: capital gains on conversion are not taxable in the tax year of conversion and unabsorbed depreciation, carry forward losses and tax credits continue subject to notified exceptions and adaptations. Non compliance with RBI or Central Government conditions results in forfeiture of benefits and application of general tax provisions; previously allowed reliefs may be treated as wrongly allowed and reassessed, and notifications must be laid before Parliament.
    Act RulesBills
    Show AI Summary
    Opt-out of special NRI tax regime permits annual election to be taxed under the general provisions by declaration in the return.
    Clause 218 allows a Non-resident Indian to elect, by declaration in the return of income for the tax year, not to be governed by sections 212-217; upon such annual opt-out those sections do not apply and the taxpayer's total income is computed and taxed under the general provisions of the Act, with the election binding for that year and raising practical issues about declaration format and interaction with other tax provisions.
    Act RulesBills
    Show AI Summary
    Grandfathering of concessional tax treatment for NRIs continues for qualifying foreign-exchange assets after becoming residents.
    Grandfathering of concessional tax treatment allows NRIs who become residents to continue concessional taxation on investment income from qualifying foreign-exchange assets if they furnish a contemporaneous written declaration with their return; the benefit endures until the asset is transferred or converted into money. Clause 217 excludes shares in Indian companies and cross-references sections 212-218, while Section 115H refers to Chapter XIIA and includes broader asset coverage. The declaration requirement and the conversion/transfer termination trigger are operative compliance and continuity mechanisms.
    Act RulesBills
    Show AI Summary
    Exemption from return filing for NRIs when income is only investment income or long term gains and tax is deducted at source.
    Clause 216 exempts a Non-Resident Indian from furnishing a return where the taxpayer's Indian income consists solely of investment income and/or long-term capital gains and the tax on that income has been deducted at source under the restructured TDS chapter; absence of either condition renders the exemption inapplicable and return filing mandatory.
    Act RulesBills
    Show AI Summary
    Capital gains exemption for NRI reinvestment: exemption hinges on timely reinvestment and a lock in that can trigger taxability.
    Capital gains on transfer of foreign exchange assets by non-resident Indians are exempt under Clause 215 if the net consideration, whole or part, is invested in a specified asset within the reinvestment window; full exemption obtains where the new asset's cost is not less than the net consideration and a proportionate exemption otherwise, with defined meanings for net consideration and cost, and a claw-back that renders the exemption taxable if the new asset is disposed of or converted into money within the lock-in period.
    Act RulesBills
    Show AI Summary
    Concessional taxation for nonresident investment income and capital gains restructured, standardizing rates and raising scope and transitional questions.
    Clause 214 restructures tax treatment for non-resident investment income and long-term capital gains by prescribing concessional flat rates for gains on specified assets and other investment income, retaining an aggregation mechanism that segregates concessional categories from remaining total income taxed at normal rates, while leaving key terms such as specified asset, investment income, and long-term capital gain to be defined by cross-reference, which creates potential scope and transitional ambiguities.
    Act RulesBills
    Show AI Summary
    Investment income taxation: new rule bars deductions and segregates capital gains, altering deduction eligibility for non-residents.
    Clause 213 bars any deduction or allowance in computing the investment income of a non-resident Indian and provides that where gross total income consists only of investment income and/or long-term capital gains no deductions under Chapter VIII are permitted; where such income coexists with other income, the investment/long-term capital gains component must be excluded from gross total income before computing allowable deductions under Chapter VIII.
    Act RulesBills
    Show AI Summary
    Foreign exchange asset definition narrows concessional tax eligibility for non-residents, affecting documentation and asset scope.
    Clause 212 defines key terms for the concessional tax regime applicable to non-residents and foreign companies: foreign exchange asset (assets acquired with convertible foreign exchange), investment income (income from such assets), long-term capital gains (capital gains on foreign exchange assets not short-term), non-resident Indian (citizen or person of Indian origin who is not resident) and specified asset (shares, certain debentures and deposits, government securities, and notified assets). The clause updates cross-references to current company law and retains notification powers, while omitting an explicit explanation of person of Indian origin and an in-text definition of convertible foreign exchange, creating potential interpretive need for rules or guidance.
    Act RulesBills
    Show AI Summary
    Taxation of specified income tightened for non-profit organisations, expanding taxable triggers and clarifying timing of taxability.
    Clause 337 creates an event based tax regime for specified income of registered non profit organisations by enumerating eleven triggers (including anonymous donations above a threshold, related party benefits, prohibited overseas application, investment contraventions, corpus condition breaches, misapplication or non utilisation of accumulated income, transfers to other NPOs, application to non charitable purposes, and assessing officer determined business income) and linking each trigger to the tax year in which the taxable event occurs, thereby prioritising disclosure, accountability, and timing clarity while leaving rate and deduction rules to other provisions.
    Act RulesBills
    Show AI Summary
    Taxation of online gaming winnings: a ring fenced flat rate regime with prescribed computation and enhanced reporting obligations.
    Clause 194 creates a distinct tax regime for net winnings from any online game, applying to any person and defining online games broadly. Net winnings must be computed as prescribed, with gaming receipts ring fenced and taxed at a specified flat rate while remaining income is taxed ordinarily. The provision emphasizes definitions aligned with technology statutes and anticipates detailed subordinate rules for aggregation, timing, promotional credits, and interaction with TDS, with limited scope for deductions unless the computation rules provide otherwise.
    Act RulesBills
    Show AI Summary
    Taxation of virtual digital assets: flat rate plus denial of loss relief reshapes compliance and reporting obligations.
    Clause 194 (Table: S. No. 4) creates a dedicated tax regime for income from transfer of virtual digital assets, applying to any person and taxing such income at a flat rate while allowing only the cost of acquisition as a deduction. All other expenses, allowances, set offs and carry forwards of losses from VDA transfers are disallowed. The statutory definition of "transfer" applies to VDAs irrespective of capital asset status, requiring segregation of VDA income in tax computation and imposing enhanced record keeping and compliance obligations.
    Act RulesBills
    Show AI Summary
    Taxation of carbon credit transfers: concessional flat tax with prohibition on deductions simplifies compliance and defines eligible credits.
    Clause 194 of the Income Tax Bill, 2025 subjects income from transfer of carbon credits to a self contained regime: any person is taxable on such income at a flat 10% rate, computed by taxing the carbon credit income at 10% and taxing remaining income under normal provisions. The provision defines carbon credit as a UNFCCC validated reduction of one tonne of CO2 or equivalent gases tradable at market price, contains an overriding clause over other Act provisions, and expressly disallows any deduction or allowance in computing such income, resulting in taxation of gross consideration.
    Act RulesBills
    Show AI Summary
    Concessional patent royalty regime offers lower tax for resident patentees subject to option, no deductions, and lockout on noncompliance.
    A concessional regime taxes royalty from patents developed and registered in India for resident patentees as gross income at a concessional rate, disallowing any deduction; assessees must exercise a prescribed option within the prescribed time, and non compliance for any of five succeeding years triggers a five year ineligibility. Definitions require substantial in country development expenditure and exclude sale proceeds and capital gains from royalty.
    Act RulesBills
    Show AI Summary
    Tax on unexplained income: punitive flat rate and denial of deductions for incomes classified under specified provisions.
    Clause 195 targets income referred to in sections 102-106, applying whether self declared or determined by the Assessing Officer, and mandates taxation of those amounts at a punitive flat rate while the balance income is taxed normally. It further provides an overriding rule that no deduction, allowance, or set off of losses is permitted against the income so classified, thereby preventing taxpayers from reducing liability on such unexplained or unaccounted sums.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      1 February, 2021

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      Budget 2021-22 + FINANCE Bill, 2021

      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      S. No

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

       

       

      Agricultural Products and By Products

       

       

      1.

      2207 20 00

      Denatured Ethyl Alcohol (ethanol) for use in manufacture of excisable goods

      2.5%

      5%

      2.

      23

      All goods except dog and cat food and shrimp larvae feed

      Nil/ 5%/

      10%/

      15%/

      20%/

      30%

      15%

       

       

      Minerals

       

       

      3.

      2528

      Natural borates and concentrates thereof

      Nil/5%

      2.5%

        

      Fuels, Chemicals and Plastics

        

      3.

      2710

      Naphtha

      4%

      2.5%

      5.

      2907 23 00

      Bis-phenol A

      Nil

      7.5%

      6.

      2910 30 00

      Epichlorohydrin

      2.5%

      7.5%

      7.

      2933 71 00

      Caprolactam

      7.5%

      5%

      8.

      3907 40 00

      Polycarbonates

      5%

      7.5%

      9.

      3908

      Nylon chips

      7.5%

      5%

      10.

      3920 99 99

      Other plates, sheets, films, etc. of other plastics

      10%

      15%

        

      Leather

        

      11

      41

      Wet blue chrome tanned leather, crust leather, finished leather of all kinds, including splits and sides of the aforesaid

      Nil

      10%

        

      Textiles

        

      12.

      5002

      Raw Silk (not thrown)

      10%

      15%

      13.

      5004, 5005,

      5006

      Silk yarn, yarn spun from silk waste (whether or not put up for retail sale)

      10%

      15%

      14.

      5201

      Raw Cotton

      Nil

      5% +

      5% AIDC*

      15.

      5202

      Cotton waste (including yarn waste or garneted stock)

      Nil

      10%

      16.

      5402, 5403,

      5404, 5405

      00 00, 5406,

      5501 to 5510

      Nylon Fibre and Yarn

      7.5%

      5%

        

      Gems and Jewellery Sector

        

      17.

      7106

      Silver

      12.5.%

      7.5%+

      2.5% AIDC*

      18.

      7106

      Silver Dore

      11%

      6.1% +

      2.5%

      AIDC*

      19.

      7108

      Gold

      12.5%

      7.5%+

      2.5% AIDC*

      20.

      7108

      Gold Dore

      11.85%

      6.9%+

      2.5% AIDC*

      21.

      7107 00 00,

      7109 00 00,

      7111 00 00

      Base metals or precious metals clad with precious metals

      12.5%

      10%

      22.

      7110

      Other precious metals like Platinum, Palladium, etc.

      12.5%

      10%

      23.

      7112

      Waste and scrap of precious metals or metals clad with precious metals

      12.5%

      10%

      24.

      7112

      Spent catalyst or ash containing precious metals

      11.85%

      9.17%

      25.

      7113

      Gold or Silver Findings

      20%

      10%

      26.

      7118

      Coin

      12.5%

      10%

       

       

      Metals

       

       

      27.

      7204

      Iron and steel scrap, including stainless steel scrap [up to 31.03.2022]

      2.5%

      Nil

      28.

      7206 and

      7207

      Primary/Semi-finished products of non-alloy steel

      10%

      7.5%

      29.

      7208, 7209,

      7210, 7211,

      7212, 7225

      (except 7225

      11 00) and

      7226 (except

      7226 11 00)

      Flat products of non-alloy and alloy steel

      10%

      /12.5%

      7.5%

      30.

      7213, 7214,

      7215, 7216,

      7217, 7221,

      7222, 7223,

      7227 and

      7228

      Long product of non-alloy, stainless and alloy steel

      10%

      7.5%

      31.

      7225

      Raw materials for use in manufacture of CRGO steel [up to 31.03.2023]

      2.5%

      Nil

      32.

      7404

      Copper Scrap

      5%

      2.5%

      33.

      7318

      Screw, bolts, nuts, etc. of iron and steel

      10%

      15%

       

       

      Capital Goods

       

       

      34.

      8430

      Tunnel boring machines

      Nil

      7.5%

      35.

      8431

      Parts and components for manufacture of tunnel boring machines with actual-user condition IT,

      Nil

      2.5%

       

       

       

      Electronics and Renewable

       

       

      36.

      8544 (other

      than 8544 70

      and 8544 30

      00)

      Specified insulated wires and cables

      7.5%

      10%

      37.

      39, 74 and

      85

      Former, bases, bobbins, brackets; CP wires; P.B.T.; Phenol resin moulding powder; Lamination/ El silicon steel strips for use in manufacture of transformers (entry at S.No. 198 of 25/1999- Customs)

      Nil

      Applica ble rate

      38.

      Any Chapter

      Inputs or parts for manufacture of Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      39.

      Any Chapter

      Inputs or parts for manufacture of camera module of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      40.

      Any Chapter

      Inputs or parts for manufacture of connectors of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      41.

      Any Chapter

      Inputs or raw material for manufacture of specified parts like back cover, side keys etc. of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      42.

      Any Chapter

      Inputs or raw material (other than PCBA and moulded plastics) for manufacture of charger or adapter of cellular mobile phones

      Nil

      10%

      43.

      8504 90 90

      or

      3926 90 99

      Moulded plastics for manufacture of charger or adapter

      10%

      15%

      44.

      Any Chapter

      Inputs or parts of Printed Circuit Board Assembly of charger or adapter of cellular mobile phones

      Nil

      10%

      45.

      Any Chapter

      Inputs or parts of Moulded Plastic of charger or adapter of cellular mobile phones

      Nil

      10%

      46.

      Any Chapter

      Inputs or raw materials (other than Lithium-ion cell and PCBA) of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      47.

      Any Chapter

      Parts or components of PCBA of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      48.

      Any Chapter

      Inputs or raw materials of following goods: -

      1. Other machines capable of connecting to an automatic data processing machine or to a network (8443 32 90)
      2. Ink cartridges, with print head assembly (8443 99 51)
      3. Ink cartridges, without print head assembly (8443 99 52)

      (iv)Ink spray nozzle (8443 99 53) (w.e.f. 1.4.2021)

      Nil

      2.5%

      49.

      Any Chapter

      Inputs and parts of LED lights or fixtures including LED Lamps

      5%

      10%

      50.

      Any Chapter

      Inputs for use in the manufacture of LED driver or MCPCB (Metal Core Printed Circuit Board) for LED lights or fixtures including LED Lamps

      5%

      10%

      51.

      9405 50 40

      Solar lanterns or solar lamps

      5%

      15%

      52.

      8504 40

      Solar Inverters

      5%

      20%

      53.

      9503

      Parts of Electronic Toys for manufacture of electronic toys Aviation Sector

      5%

      15%

      54.

      Any Chapter

      Components or parts, including engines, for manufacture of aircrafts or parts of such aircrafts, by Public Sector Units under Ministry of Defence subject to condition specified.

      Medical devices

      2.5%

      0%

       

      55.

      9018-9022

      Medical Devices imported by International Organization and Diplomatic Missions

      Health Cess @ 5%

      Health Cess @ Nil

        

      Goods imported under Project Import Scheme

        

      56.

      9801

      High Speed Rail Projects being brought under project imports

      Applicable Rate

      5%

      57.

      8714 91 00,

      8714 92,

      8714 93,

      8714 94 00,

      8714 95,

      8714 96 00,

      8714 99

      All goods other than Bicycle parts and components

      10%

      15%

      * Agriculture Infrastructure and Development Cess

       


       

      Full Text:

      Budget 2021-22 + FINANCE Bill, 2021

      Topics

      ActsIncome Tax