Loading...

⚠ ✕
❮ Top
☎ Help
☰
GST ▸
Central GST ▸
Integrated GST + ▸
UTGST / SGST ▸
GST Case Laws + ▸
Income Tax ▸
Income Tax ▸
Allied (Direct Tax) ▸
Income Tax Case Laws ▸
DTAA ▸
International Taxation ▸
Customs ▸
Customs Act / Rules ▸
Notifications / Forms ▸
Circulars / Tariff ▸
Case Laws / Manual ▸
FTP/SEZ ▸
Foreign Trade ▸
Notifications / Circulars / Appendix / Forms ▸
Special Economic Zone (SEZ) ▸
Corp. Law ▸
Company Laws ▸
Standards / Trusts ▸
Partnership / LLP / Societies ▸
Case Laws ▸
FEMA ▸
FEMA / FCRA ▸
Notifications / Circulars ▸
Manual / FAQ ▸
FEMA Case Laws ▸
SEBI / IBC ▸
SEBI ▸
SEBI Case Laws ▸
IBC ▸
IBC - Case Laws ▸
PMLA ▸
Benami Property ▸
Black Money ▸
Money Laundering ▸
Vivad ▸
Direct Tax ▸
Indirect Taxes ▸
Indian Laws ▸
Indian Laws ▸
Bharatiya Nyaya 2023 ▸
Finance Acts & Bills / Amendment Acts ▸
Case Laws ▸
Labour Laws ▸
Labour Code ▸
Old / Others ▸
Central Excise ▸
Central Excise - Cases ▸
Wealth Tax ▸
Service Tax ▸
Service Tax Cases ▸
CST / DVAT ▸
CST / VAT / Sales Tax ▸
×

By creating an account you can:

Logo TaxTMI
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
    6. Text Search
  6. The system will try to fetch results that contains ALL your words.
  7. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
    8. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Act Rules Bills
    Evolving ADR Mechanisms in Indian Taxation : Clause 379 of the Income Tax Bill, 2025 Vs. Section 245...
    Act Rules Bills
    Set-off and Withholding of Tax Refunds : Clause 438 of the Income Tax Bill, 2025 Vs. Section 245 of ...
    Act Rules Bills
    Change in the Interest on Tax Refunds under Indian Income Tax Law : Clause 437 of the Income Tax Bil...
    Act Rules Bills
    Limits on Challenging Completed Assessments in Refund Proceedings : Clause 436 of Income Tax Bill, 2...
    Act Rules Bills
    Automatic Refunds under Indian Income Tax Law : Clause 435 of the Income Tax Bill, 2025 Vs. Section ...
    Act Rules Bills
    Procedural and Substantive Aspects of TDS Refunds : Clause 434 of Income Tax Bill, 2025 Vs. Section ...
    Act Rules Bills
    Limitation, Procedure, and Rights of Refund Claims in Indian Tax Law : Clause 433 of the Income Tax ...
    Act Rules Bills
    Refund Entitlement in Special Cases (Death, Incapacity, Insolvency, Liquidation, or Other Causes) : ...
    Act Rules Bills
    Statutory Safeguards for Taxpayer Refunds : Clause 431 of Income Tax Bill, 2025 vs. Section 237 of I...
    Act Rules Bills
    Comparative Legal Analysis of Aadhaar Intimation Fee Provisions : Clause 430 of the Income Tax Bill,...
    Act Rules Bills
    Compliance Fee for Delay in Furnishing Statements and Certificates : Clause 429 of Income Tax Bill, ...
    Act Rules Bills
    Fee for Delay in Income Tax Return Filing under Indian Income Tax Law : Clause 428 of the Income Tax...
    Act Rules Bills
    Fee for Default in Furnishing Statements of TDS/TCS : Clause 427 of the Income Tax Bill, 2025 Vs. Se...
    Act Rules Bills
    Legal and Practical Implications of Charging Interest on Excess Refunds under the Income Tax Regime ...
    Act Rules Bills
    Modernizing Interest Provisions for Advance Tax : Clause 425 of the Income Tax Bill, 2025 Vs. Sectio...
    Act Rules Bills
    Modernizing Interest Liability for Advance Tax Defaults : Clause 424 of the Income Tax Bill, 2025 vs...
    Act Rules Bills
    Interest for Defaults in Furnishing Return of Income : Clause 423 of the Income Tax Bill, 2025 Vs. S...
    Act Rules Bills
    Government's Rights to Recover Tax Arrears : Clause 421 of the Income Tax Bill, 2025 Vs. Section 232...
    Act Rules Bills
    Delegated Powers in Indian Tax Law : Clause 532 of the Income Tax Bill, 2025 Vs. Section 231 of the ...
    Act Rules Bills
    Legal and Practical Perspectives on Tax Clearance for Departing Individuals under Indian Tax Law : C...
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Open Link
Notes
All › Bill
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Act Rules Bills
Evolving ADR Mechanisms in Indian Taxation : Clause 379 of the Income Tax Bill, 2025 Vs. Section 245...
Show AI Summary
Dispute Resolution Committee provides an opt-in ADR path reducing penalties and granting prosecution immunity for minor tax disputes.
Clause 379 creates an opt in Dispute Resolution Committee to resolve minor tax disputes by allowing modification of assessment variations, reduction or waiver of penalties, and grant of immunity from prosecution, with Assessing Officers required to implement DRC directions within a prescribed short timeframe; eligibility is confined by a monetary ceiling on variations, exclusions for search/survey or international information cases, and an income threshold as reported in returns, while procedural details and disqualifications are to be prescribed in subordinate rules.
Act Rules Bills
Set-off and Withholding of Tax Refunds : Clause 438 of the Income Tax Bill, 2025 Vs. Section 245 of ...
Show AI Summary
Set-off of tax refunds: authority to adjust refunds against outstanding dues with written intimation and time limited withholding.
Clause 438 authorises specified tax officers to set off any refund due against sums remaining payable by the taxpayer, subject to mandatory written intimation. If assessment or reassessment proceedings are pending, the Assessing Officer may withhold the refund for a limited, time bound period, but only after recording reasons in writing and obtaining prior approval from the Principal Commissioner or Commissioner. The clause streamlines language from Section 245, narrows discretionary grounds for withholding by focusing on pendency of proceedings, and retains procedural safeguards without specifying priority among kinds of dues.
Act Rules Bills
Change in the Interest on Tax Refunds under Indian Income Tax Law : Clause 437 of the Income Tax Bil...
Show AI Summary
Interest on tax refunds: prescribed entitlement and computation rules ensure compensation for delayed refunds and administrative resolution.
Clause 437 provides a statutory entitlement to interest on delayed tax refunds, specifying commencement dates for interest based on refund source (advance tax, TCS, tax treated as paid, self-assessment, rectification or excess payment), a materiality threshold exempting trivial refunds, extension of entitlement to deductors, exclusion of periods of delay attributable to the taxpayer or deductor, additional interest for appellate or revision order-related refunds, adjustment and recovery mechanisms for varied refund amounts, and administrative resolution of disputes on excluded periods by a senior tax authority.
Act Rules Bills
Limits on Challenging Completed Assessments in Refund Proceedings : Clause 436 of Income Tax Bill, 2...
Show AI Summary
Finality of assessments: refund claims limited to refunds for wrongly paid or excess tax, not re litigation of settled assessments.
Clause 436 prevents an assessee, in refund claims, from questioning or seeking review of any assessment or matter that has become final and conclusive; relief in such claims is limited to refund of tax wrongly paid or paid in excess and the provision must be read with appeal, rectification and revision mechanisms to avoid undermining corrective powers elsewhere in the statute.
Act Rules Bills
Automatic Refunds under Indian Income Tax Law : Clause 435 of the Income Tax Bill, 2025 Vs. Section ...
Show AI Summary
Automatic refunds on appellate or statutory orders require proactive AO disbursement, subject to reassessment and annulment limits.
Automatic refunds are mandated when appellate or other statutory orders reduce or annul tax liability, requiring the Assessing Officer to refund excess amounts without a claim, except where the Act provides otherwise. Refunds become due only after a fresh assessment when an order directs reassessment, and where an assessment is annulled the refund is limited to the excess tax paid over tax chargeable on the returned total income. The provision preserves AO obligations, exceptions for set off or stay, and separates principal refund rules from interest entitlement.
Act Rules Bills
Procedural and Substantive Aspects of TDS Refunds : Clause 434 of Income Tax Bill, 2025 Vs. Section ...
Show AI Summary
TDS refund mechanism for deductors clarifies eligibility, prescribed application procedure, and time bound AO orders.
Clause 434 creates a statutory TDS refund mechanism allowing a deductor who, under a written agreement, bore withholding tax and later claims no deduction was legally required to apply for refund in the prescribed form; the Assessing Officer must inquire as necessary, provide the applicant an opportunity to be heard, and pass a written order allowing or rejecting the claim within the specified time frame.
Act Rules Bills
Limitation, Procedure, and Rights of Refund Claims in Indian Tax Law : Clause 433 of the Income Tax ...
Show AI Summary
Return-based refund claims must be made through the income tax return, tying refund limitation to return filing timelines.
Clause 433 requires that every refund claim be made by furnishing the return of income under section 263, making return filing the exclusive procedural vehicle for refund claims and implicitly tying limitation to the return filing timelines without providing express condonation or separate application mechanisms.
Act Rules Bills
Refund Entitlement in Special Cases (Death, Incapacity, Insolvency, Liquidation, or Other Causes) : ...
Show AI Summary
Refund entitlement: clubbed-income payee and authorised representatives may claim tax refunds when taxpayer cannot act.
The clause entitles the person in whose total income clubbed income is included to claim the refund attributable to that income, and authorises a legal representative, trustee, guardian or receiver to claim or receive refunds on behalf of a taxpayer who cannot do so because of death, incapacity, insolvency, liquidation or similar cause; procedural formalities and limitation issues are left to subordinate rules and practice.
Act Rules Bills
Statutory Safeguards for Taxpayer Refunds : Clause 431 of Income Tax Bill, 2025 vs. Section 237 of I...
Show AI Summary
Tax refund entitlement preserved: statutory right maintained under new bill with procedural verification by Assessing Officer.
Clause 431 preserves a statutory right to a refund where a person satisfies the Assessing Officer that tax paid, paid on or treated as paid on their behalf for a tax year exceeds the amount properly chargeable; it covers direct payments and deemed payments (TDS/TCS, advance tax), places an initial procedural burden on the taxpayer, and mirrors Section 237 of the 1961 Act except for the shift from assessment year to tax year, with attendant implications for temporal reference, procedural integration, and ancillary issues such as interest, set offs and standards of verification.
Act Rules Bills
Comparative Legal Analysis of Aadhaar Intimation Fee Provisions : Clause 430 of the Income Tax Bill,...
Show AI Summary
Aadhaar intimation fee imposed for belated compliance, payable on late intimation through subordinate legislation.
Clause 430 of the Income Tax Bill, 2025 prescribes an administrative fee for failure to intimate Aadhaar by the prescribed date: the fee is payable at the time of belated intimation, is to be set by subordinate rules subject to a statutory ceiling, and operates without prejudice to other consequences under the Act. The provision delegates essential operational elements-prescribed date, fee quantum, and collection mechanism-to rule-making while retaining a maximum cap and signalling continuity with the existing compliance approach.
Act Rules Bills
Compliance Fee for Delay in Furnishing Statements and Certificates : Clause 429 of Income Tax Bill, ...
Show AI Summary
Fee for delay in furnishing statements requires payment before submission and is capped at the amount concerned.
Clause 429 imposes an administrative fee for failure to deliver or furnish prescribed statements or certificates by scientific research and charitable institutions, accruing daily and capped at the amount in respect of which the failure occurred; payment of the fee is required before the delayed document or certificate may be filed, and the levy operates without prejudice to other consequences under the Act.
Act Rules Bills
Fee for Delay in Income Tax Return Filing under Indian Income Tax Law : Clause 428 of the Income Tax...
Show AI Summary
Late filing fee for income tax returns: income linked penalties retained, alongside other liabilities and administrative discretion.
Clause 428 imposes a fee where a person required to furnish a return under Section 263 fails to file within the prescribed time, with an income linked structure: a higher fee for those above a specified income threshold and a capped lower fee otherwise; the clause operates without prejudice to interest, penalties, or prosecution and retains administrative discretion through "not exceeding" wording for the lower slab.
Act Rules Bills
Fee for Default in Furnishing Statements of TDS/TCS : Clause 427 of the Income Tax Bill, 2025 Vs. Se...
Show AI Summary
Fee for default in furnishing TDS/TCS statements requires pre payment before filing and is capped by tax liability.
Clause 427 imposes a statutory fee for default in furnishing TDS/TCS statements as triggered by section 393(3)(b), prescribing a fixed per day charge for each day of delay, capped at the amount of tax deductible or collectible, and requiring payment of the fee before delivery of the delayed statement; the provision operates without prejudice to other consequences under the Act and mirrors the substantive structure of Section 234E while omitting explicit commencement and detailed procedural rules.
Act Rules Bills
Legal and Practical Implications of Charging Interest on Excess Refunds under the Income Tax Regime ...
Show AI Summary
Interest on excess refunds: Bill imposes interest from refund grant to regular assessment, with reduction if appellate orders confirm refund.
Clause 426 charges simple interest on refunds granted under section 270(1) that exceed amounts determined on regular assessment, with interest computed from the date of grant to the date of regular assessment. Assessments under section 279 are deemed "regular assessment" for this purpose. Interest is reduced where appellate or revisionary orders ultimately validate the refund in whole or part. The clause mirrors Section 234D's core mechanics but changes cross-references and lacks an explicit retrospective application, raising transitional and interpretational concerns.
Act Rules Bills
Modernizing Interest Provisions for Advance Tax : Clause 425 of the Income Tax Bill, 2025 Vs. Sectio...
Show AI Summary
Interest for deferment of advance tax simplified to lump-sum rates, changing computation and compliance implications.
Clause 425 prescribes lump-sum interest rates on shortfalls in advance tax instalments tied to specified due dates and percentage targets, retains partial compliance safe-harbours and exemptions for certain unpredictable income categories provided tax is paid by the final instalment, and defines the tax base for interest by allowing deductions for TDS/TCS and specified tax credits; it shifts from monthly computation to a simplified tabled regime while leaving interpretive gaps around new cross-references and treatment of early rectification of shortfalls.
Act Rules Bills
Modernizing Interest Liability for Advance Tax Defaults : Clause 424 of the Income Tax Bill, 2025 vs...
Show AI Summary
Interest on advance tax: default triggers automatic monthly interest until assessment or regular assessment is completed.
Clause 424 establishes interest for failure to pay advance tax or where advance payments are below the prescribed benchmark, charging monthly interest from the first April following the tax year until determination of total income or completion of regular assessment. Interest is computed on net assessed tax after reductions for TDS/TCS, foreign tax reliefs and specified credits. The clause clarifies interpretative points about regular assessments, excludes certain additional income-tax from the assessed base, allows reduction of interest upon pre-assessment payment, and prescribes additional interest on increments arising from reassessment.
Act Rules Bills
Interest for Defaults in Furnishing Return of Income : Clause 423 of the Income Tax Bill, 2025 Vs. S...
Show AI Summary
Interest on late tax returns: monthly interest applied under new provision with clarified computation and adjustment mechanism.
A formulaic charging provision imposes simple monthly interest on tax due where returns are filed late or not filed, with a matrix of scenarios specifying for each the starting date, ending date and tax base for interest computation. The clause mandates adjustment of interest following appellate or revisional orders to reflect the final tax, permits reduction by previously paid interest and credits, excludes certain additional taxes from the tax base, and deems specified first time assessments as regular assessments for interest purposes.
Act Rules Bills
Government's Rights to Recover Tax Arrears : Clause 421 of the Income Tax Bill, 2025 Vs. Section 232...
Show AI Summary
Government's right to recover tax arrears preserved, allowing concurrent statutory and civil recovery remedies.
Clause 421 preserves the Government's right to recover tax arrears by methods beyond the statutory recovery modes, expressly allowing reliance on any other law for recovery and the institution of civil suits; it authorises assessing officers or the Government to pursue such alternative or concurrent remedies notwithstanding that recovery under the tax statute is being undertaken.
Act Rules Bills
Delegated Powers in Indian Tax Law : Clause 532 of the Income Tax Bill, 2025 Vs. Section 231 of the ...
Show AI Summary
Delegated legislative power to frame broad tax schemes may permit statutory modification, raising oversight and legal certainty concerns.
Clause 532 grants the Central Government a broad power to frame schemes for any purpose under the Income Tax Act by notification, aiming to eliminate taxpayer interface where technologically feasible and to optimise resources; it permits notifications to disapply or modify statutory provisions to implement schemes, validates amendment of existing schemes under the 1961 Act, and requires notifications to be laid before Parliament, raising questions about the scope of delegated legislation and safeguards for legal certainty and taxpayer rights.
Act Rules Bills
Legal and Practical Perspectives on Tax Clearance for Departing Individuals under Indian Tax Law : C...
Show AI Summary
Tax clearance certificate requirement conditions departure to secure tax liabilities and imposes carrier liability for non-compliance.
Clause 420 requires a tax clearance certificate or an undertaking from an employer/payer before certain non-domiciled persons who earn Indian-source income may depart, excepting tourists; domiciled persons must furnish prescribed information (including PAN) and may be restricted from leaving if the tax authority records reasons and obtains senior approval. Owners or charterers of ships and aircraft are vicariously liable for departures without clearance, and the Board may make rules for implementation.

TMI Notes

All › Bill
Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Home › TMI Notes › Bills › News › Category › This
Back

All TMI Notes

Bills

Rationalisation of provision of transfer of capital asset to partner on dissolution or reconstitution

1 February, 2021

Contents
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

Print Options

Budget 2021-22 + FINANCE Bill, 2021

Rationalisation of provision of transfer of capital asset to partner on dissolution or reconstitution

The existing provisions of section 45 of the Act inter alia, provides that any profits or gains arising from the transfer of a capital asset shall be chargeable to income-tax under the head Capital gains and shall be deemed to be the income of the previous year in which such transfer takes place. Further sub-section (4) of the said section, provides that the profits or gains arising from the transfer of a capital asset by way of distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals (not being a company or a co-operative society)or otherwise, shall be chargeable to tax as the income of such firm or other association of persons or body of individuals of the previous year in which the said transfer takes place. Further, the fair market value of the asset on the date of such transfer shall be deemed to be the full value of the consideration for the purposes of section 48.

In this regard, it has been noticed that there is uncertainty regarding applicability of provisions of aforesaid sub-section to a situation where assets are revalued or self- generated assets are recorded in the books of accounts and payment is made to partner or member which is in excess of his capital contribution.

Hence, it is proposed to substitute the existing sub-section (4) of section 45 of the Act with a new sub-section (4) and also insert a new sub-section (4A) to this section.

New proposed sub-section (4) of section 45 of the Act applies in a case where a specified person who receives during the previous year any capital asset at the time of dissolution or reconstitution of the specified entity. The capital asset represents the balance in the capital account of such specified person in the books of the specified entity at the time of its dissolution or reconstitution. In this situation, the profit and gains arising from the receipt of such capital asset by the specified person shall be chargeable to income-tax as income of the specified entity under the head “capital gains” and shall be deemed to be the income of such specified entity of the previous year in which the capital asset was received by the specified person. For the purposes of section 48 of the Act, the fair market value of the capital asset on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset. The balance in the capital account of the specified person in the books of account of the specified entity is to be calculated without taking into account increase in the capital account of the specified person due to revaluation of any asset or due to self-generated goodwill or any other self-generated asset.

New proposed section sub-section (4A) of section 45 of the Act applies in a case where a specified person receives during the previous year any money or other asset at the time of dissolution or reconstitution of the specified entity. The money or other asset is required to be in excess of the balance in the capital account of such specified person in the books of accounts of the specified entity at the time of its dissolution or reconstitution. In this situation, the profits or gains arising from the receipt of such money or other asset by the specified person shall be chargeable to income-tax as income of the specified entity under the head "Capital gains" and shall be deemed to be the income of such specified entity of the previous year in which the money or other asset was received by the specified person. For the purposes of section 48 of the Act,

• value of the money or the fair market value of other asset on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset; and

• the balance in the capital account of the specified person in the books of accounts of the specified entity at the time of its dissolution or reconstitution shall be deemed to be the cost of acquisition.

The balance in the capital account of the specified person in the books of account of the specified entity is to be calculated without taking into account increase in the capital account of the specified person due to revaluation of any asset or due to self- generated goodwill or any other self-generated asset.

For the purposes of these two sub-sections,-

• specified person” is proposed to be defined as a person who is partner of a firm or member of other association of persons or body of individuals (not being a company or a cooperative society), in any previous year;

• “specified entity” is proposed to be defined as a firm or other association of persons or body of individuals (not being a company or a cooperative society);and

• “self-generated goodwill” and “self –generated assets” are proposed to be defined as goodwill or asset, as the case may be, which has been acquired without incurring any cost for purchase or which has been generated during the course of the business or profession.

Consequential amendment is also proposed in section 48 of the Act to provide that in case of specified entity, the amount included in the total income of such specified entity under sub-section (4A) of section 45 which is attributable to the capital asset being transferred, shall be reduced from the full value of the consideration to compute income charged under the head “capital gains”. This is to be calculated in the manner to be prescribed later. This is to mitigate the double taxation which may have happened but for this provision in a situation where an asset which was revalued and for which income under the proposed sub-section (4A) of section 45 of the Act was brought to tax is transferred subsequently by the specified entity.

These amendments will be effective from the 1st April, 2021 and will accordingly apply to the assessment year 2021-22 and subsequent assessment years.

[Clauses 14 and 16]

 

Full Text:

Budget 2021-22 + FINANCE Bill, 2021

Topics

Acts Income Tax
Next ➔